it is the fole and exclufive right and privilege of a lord of parliament and a member of this house, to have his protest entered in the journals of this houfe; and that even a lord of parliament and a member of this house cannot have his proteft fo entered, except upon a matter previoufly in question before this houfe, wherein the lord protesting took part with the minority, either in perfon or by proxy. Secondly, Because we conceive that this regulation of the privilege of protesting ftands upon the fame principle, in confequence of which this privilege hath obtained among the lords, and not among the reprefentatives of the people. The latter, we apprehend, are confidered by the conftitution as actuated and juftified by the fentiments of those whom they reprefent; whereas the lords, who act not as deputies, but in their own right, are more perfonally refponfible for their conduct to pofterity. The practice of a permanent juftification, also seems to have been deemed a more neceffary guard upon a body whofe power was permanent. Hence we conceive the privilege of protesting arofe; that a lord, against whom the majority had declared, might have an opportunity of vindicating himself to future time, which the original custom of inferting the name of each lord in the journals, with the part he had taken in the question, rendered more neceffary. And we therefore apprehend, as it would be abfurd for a lord to justify his conduct where he' had not acted, that the privilege of protesting hath been, by reason, as well as practice, confined to cafes in which the lord protesting had taken a part, and in which, upon question, VOL. XII. the majority had been of a different opinion. Thirdly, Because we conceive. that the earl of Strafford, who first attempted, and that but in a fingle inftance, to enter his proteft as chief governor upon the journals of this houfe, was a perfon of fuch an arbitrary fpirit, and the times in which he lived of fo bad an example, and his faid protest so informal and faulty in itself, that fuch his proceeding ought not to be confidered as a precedent. Fourthly, Because we apprchend that the only fubfequent inftance, to wit, the protest of lord Sydney, which was made in heat by that governor, whofe conduct was difapproved on his recall to England, which foon followed, and founded upon the former example, which ought not to have been imitated, wasftill more irregularand improper $ inafmuch as it related to a matter which had never been before this houfe, and respected the privileges and proceedings of the other house of parliament. [N. B. The prorogation by lord Sydney was not in confequence of orders received from England, as there was not time between the rejection of the privy council moneybill, and the prorogation, for any fuch orders to be had. The true reafon was, that his lordship expected to be called to account by the then house of commons, (for his having fraudulently taken poffeffion of the eftate of lord Tyrconnel.] Fifthly, Because we conceive it to be peculiarly neceffary at this time, to exprefs our fentiments up. on this fubject, when we have reafon to apprehend that it is intended that a proteft be entered upon the [N] journals journals of this houfe, relative to the proceedings and privileges of the other houfe of parliament, in imitation of the last mentioned proteft. Sixthly, Because we apprehend that we ought not to fuffer this diftinguishing privilege of the lords to be invaded or affumed, by any perfon, in whatever ftation; and that we ought particularly to refift any fuch attempt, when it may be thought to involve a breach of the privileges of the other house of parliament alfo, and may therefore be productive of diffention between the two houses. LOWTHE, CHARLEMONT, MOUNTMORRIS, POWERSCOURT, LONGFORD. On Friday the 22d of December. the above protest was entered; notwithstanding which, on the Tuefday following, the lord lieutenant went to the house of lords, and entered his protest upon the lords journals, against the proceedings of the commons, in throwing out the privy council money-bill, alledging their reafens for fo doing. The houfe of commons have, however, given orders to their clerk, that the lord lieutenant's speech be not entered upon their journals. Extract from the Regifter of the Pre rogative Court of Canterbury. In the last will and teftament of Samuel Wilfon, late of Hatton-Garden, in the county of Middlefex, efq. deceased, bearing date the 27th day of Oct. 1760, and now remaining in the faid registry, among other things therein contained, is as follows, to wit: "AND, after payment of all my just debts, the legacies herein before by me given and bequeathed, my funeral charges, and expence incident to the probate and execu tion of this my laft will, I do hereby will, order, and direct, that the before-named John Swale, Thomas Philips, and William Syms, my executors, the furvivors or furvivor of them, fhall pay the fum of twenty thoufand pounds, if the refidue of my eftate doth amount to that fum; but, if not, then the amount only of fuch refidue; unto the chamberlain of the city of London, for the time being, to and for the uses, intents, and purposes, and fubject to the trufts, herein after mentioned; they my faid executors, at the time of payment thereof, giving notice in writing of fuch payment (which I hereby require of them to do) unto the lord mayor, the two fenior aldermen, and the recorder of the faid city for the time being, to whom jointly with the faid chamberlain, I commit the truft, care, and management of the faid truft-money, not doubting but they will take care that the fame be effectually fecured for and appropriated to the purpofes intended by this my will. And my mind and will further is, that the faid fum of twenty thousand pounds, or whatever fum be fo paid by my faid executors to the faid chamber lain, fhall be and remain as a perpetual fund to be lent to young men who have been fet up one year, or not more than two years, in fome trade or manufacture in the city of London, or within three miles thereof, and can give fatisfactory fecurity for the repayment of the money fo lent to them. And my mind and will is, that not more than three hundred` pounds, nor less than one hundred pounds, be lent to any one perion, or perfons in copartnership, nor for a longer term than five years; and that the faid Robert Wilkins and the faid Durance Hall as he is herein and hereafter directed to do. And thirdly, my mind and will is, that all the refidue of the intereft arifing from the faid money fo to be lent fhall be added to the principal, to make up loffes which may happen, or to increase the capital of the faid perpetual fund. And I do humbly requeft, that the faid lord mayor of the city of London, the two fenior aldermen, the recorder and chamberlain thereof, for the time being, do direct and appoint the perfons to whom, and the proportions in which the faid money fhall be lent, not exceeding the above mentioned limit that every perfon, to whom any of this money shall be lent, do, for the first year, pay one per cent. per annum for the fum borrowed, and for . the remainder of the time he shall keep the fame, two per cent. per annum, and no more; and that the borrowers do punctually carry the intereft due from them every half year to the faid chamberlain of London. And my mind is, that fuch part of the capital of the faid fund, as fhall at any time remain unemployed in the manner herein before, by me directed, fhall or may be placed out, by and with the confent and approbation in writing of the faid lord mayor, the two fenior aldermen, the recorder, and chamber-ed fum of three hundred pounds to lain, at intereft on government fecurities, but not so as to impede my primary intentions of lending this money to young men, as above directed. And my mind and will is, that all the intereft arising from the faid money fo to be lent be applied, first, to pay fuch a falary, not exceeding forty pounds a year, as the lord mayor, the two fenior aldermen, the recorder, and chamberlain of London, fhall think proper to give to a clerk in the faid chamberlain's office, who may be appointed to keep the accounts of the loan of this money, and tranfact other matters incident thereto; and to defray all other charges relating to this truft; fecondly, to pay to Richard Wilkins, nephew of my late wife, thirty pounds a year; and to my fervant, Durance Hall, if fhe be in my service at the time of my deceafe, twenty pounds a year; during his and her refpective natural lives, by four equal quarterly payments: the firft quarterly payment to begin when William Syms fhall no longer pay the faid annuities to one perfon, or perfons in copartnerfhip; and alfo not lefs than one hundred pounds to one perfon. And I do defire that no part of this money may be lent without the order and direction in writing of the faid lord mayor, two fenior aldermen, the recorder, and the chamberlain. And I do alfo defire, that, at every meeting of the faid gentlemen to tranfact any affairs relative to the management of this truft, thofe who are actually prefent, if the bufinefs they meet upon be effected, will pleafe each of them to accept half a guinea. And my mind and will is, that the beforementioned fum of money bequeathed by me may be lent, as far as the best information can be obtained, only to perfons of honefty, fobriety, and induftry; and who can make it appear, that, for the time they have been in bufinefs, they have, on the whole, gained, and not loft thereby; and that they do not owe more than they are able to pay. And I defire that no perfon who may offer himself as a borrower of part of this money be [N2] refufed refufed on account of the religion he act, deed, or receipt of the other. may profefs, provided he be a Pro- And whereas it may happen that teftant. And I earnestly request that fome of the debts or fums of money this fund may never be made sub- due and owing to me, upon mortfervient to any party views. And gages, bonds, notes, or other fecufurther, my mind and will is, that rities, may be attended with hano part of this money fhall be lent zard or trouble in the recovery thereto an alehoufe-keeper, a diftiller, of; I do therefore hereby authorife or a vender of distilled liquors. And and fully impower my executors, I defire that a particular regard may the furvivors or furvivor of them, to be had to all fuch perfons as fhall be compound any fuch debts or fums in recommended by my executors as fuch manner as they or he, in their borrowers of part of this money. or his difcretion, shall think fit. And And, as I repofe full confidence in I do hereby will and direct, that the integrity of my executors, my whilft William Syms (one of my exmind and will exprefsly is, that if, ecutors) fhall be indebted to myeftate by the account they fhall give into in fuch a fum as the intereft thereof, the faid chamberlain's office, it shall at four per cent. per annum, fhall appear that, after payment of my amount to fifty pounds, that he the debts, my fpecific legacies, and my faid William Syms, do pay the two funeral charges, and the expences annuities of thirty pounds and twenattending the probate and execution ty pounds a year to Richard Wilof this my will, the refiduum of my kins and Durance Hall, in the maneftate doth not amount to the said ner as in this my will before directfum of twenty thousand pounds, then ed. And when he the faid William the account fo given in by them, or Syms, fhall have paid what he may the furvivors or furvivor of them be indebted to my eftate, or fo much (if no errors appear therein) fhall thereof as that the intereft of the be accepted at the faid office as just remainder shall not amount to the and right; and the fum therein ftat- faid fum of fifty pounds, then my ed to be the refiduum of my eftate mind and will exprefsly is, and I fhall be received by the faid cham- hereby order and direct, that the berlain in lieu and full fatisfaction faid annuities of thirty pounds a year of and for the faid fum of twenty to, Richard Wilkins, and twenty thousand pounds; and his receipt pounds a year to Durance Hall, be fhall be a good and fufficient dif- punctually paid, according to the charge for the fame to my faid exe-directions before given in this my cutors. And my will further is, that my faid executors, or any of them, fhall not be fued or molefted by any perfon or perfons whatfoever touch ing fuch refidue of my eftate, unleis any error fhall appear in their or his account thereof, which error they or he refufe to rectify. And my mind and will alfo is, that my daid executors fhall not be answerabic one for the other, nor for the will, out of the intereft arifing from the money bequeathed by me in truft to be paid to the chamberlain of London, to be lent to young men. Proved at London, with four codicils, the 24th of October, 1769, before the worfhipful Arthur Collier, doctor of laws and furrogate, by the oaths of John Swale and William William Syms, the executors named in the will, and John Blake, efq. the other executor named in the firft codicil, to whom adminiftration was granted, being firft fworn duly to administer. HEN. STEVENS, JOHN STEVENS, Deputy Registers. G. GOSTLING, Genuine copies of letters which paffed between the lord chancellor and the fheriffs of London and Middlefex, and between the fheriffs and the fecre tary of fate, relative to the execution of Doyle and Valline. ON N Saturday, the twenty-firft day of October, 1769, the recorder of London paffed fentence at the Old Bailey on feveral con victs, (among whom were John Doyle and John Valline) in the following words; "You, the feveral prifoners at the bar, fhall be taken hence to the place from whence you came, and from thence to the ufual place of execution; where you are to be feverally hanged by the neck till you are dead; and may God Almighty be merciful to your fouls." On Thursday the ninth of November, the fheriffs received the following copy of a warrant from the recorder, for the execution of John Doyle and John Valline. WHEREAS at the feffion of goal delivery of Newgate, for the city of London and county of Middlefex, holden at Juftice-hall in the Old Bailey, on Wednesday the 18th of October laft, John Doyle and John Valline received fentence of death, for their offence in the indict ment against them mentioned: and whereas it hath been duly fignified to me, that it is his majefty's plea fure that the faid fentence be executed in the moft convenient place near Bethnal-green church, in the county of Middlesex. Now it is hereby ordered, that the execution of the faid fentence be made and doneupon them the faid John Doyle and John Valline, on Wednesday the fifteenth day of this inftant month of November, at the moft convenient place near Bethnal-green church, in the county of Middlesex. Given under my hand and feal, this 9th day of Novem. 1769. JAMES EYRE, Recorder: The fheriffs were much startled at this variation from the fentence which the recorder had pronounced in court: they therefore laid their doubts before council; and, in confequence of that opinion, which the reader will find hereafter, wrote the following letter to lord Weymouth, one of his majefty's principal fecretaries of itate. |