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  • Publication Name: Bingleys Journal
  • Location: London, Middlesex
  • Pages Available: 546
  • Years Available: 1770 - 1772
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View Sample Pages : Bingleys Journal, December 28, 1771

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Bingleys Journal (Newspaper) - December 28, 1771, London, Middlesex From December to S A T U R D A January LONDON Printed for B INGLE ia Crane by whom LetterVPostfAio are received aad fold it No j near the HOUSE of LORDS of Mercurii die Decembris MOTION was ihade by the LORD VISCOUNT MOUKTMOR that an humble Addrefs be v prefented to his repre i that it is the opinion of 1 this that appoint ment which his Majefty has been advifed to of five Members of exa and pafs certain of accounts of this with the powers fpecified in his Ma rtfty5 ktters dated tne 1771 yhe prtfent drcumftances of this country facing is unneceffary and an pjaying that his Majefty will be giacioufly pleafed to direft his AttorneyGeneral to caufe the legality of faid appointment to be tried ac cording to due ccurfe of It pafled in the Becaufe we conceive that th6 appointmen five new Commiffioners for examining anc perfecting the imprefted or extraordinary account ofthis kingdom is inafmuch a the antient Commiffioners appear to have been deeniec fufficient for fome centuries and to hive been ie held by his minifters in both kingdoms at his acceffion and even at i liter in when his Majefty lafl appointment of the faid Com mi ffi oners wa requiring them to ftate and examine al ihe public accounts four inftead of once in tfeeyear fincfi which cannot be pretend ed that any increaTe in that or in the ouier pnblic occupations of the faid Commiffio airSjiaith require fuch a neweftablifli cfljt as that in queftion and we think it might japly an unmerited cenfure on the eminent pcr jcls who at preffent conftitute the antient commif ifthe neceffity of fuch a new arrangement were for the firll to be difcovered and Becaufe it is to be if the old Board had not been deemed By his Majfrftys to be folly that they by fuffermg ktobede prived of its eftbe wbo dothnot refide in this king nor execute any part of the duty of that of fice J and we if any infufficiency in the ofi board could reafonably be in confe juende of the avocations of the other great officers of the who ccmpofe that it might and ought to be by orderii nf the Exchequer inftead of loading this country with a new the fa lary of that great office would circulate within tliis whrreas now it is expended xeffityof if mulla fti her from the arrear of uu puted account Jure ofore and which iJthe only ajgament we hav heard in fupport of this niw or it muft arife rem the nature and extent of our accounts refpedling the we conceive that the new Commiffioners are to call before not fuch pcrfons as but fuch receive fum or Anns by way of that to adl for the and not for the and that taerefore tha neceffity of thefe new Commif lidners cannot be maintained on the ground of in which they are not directed to exa mine and fettle we that even if they were to have a it is utterly ab fnrd to eftabliih a permanent board for all time for the occasional purpofe of fettling an anear incurred in time palt a temporary ap pointment being fufficient for fuch a teiapurary whereby the expence to the public would reafe with the occaflon which produced S5 to our accounts in we think k cannot that one Board of Comnhlioncisof fccojnti wo jld be fufficient to difchargc the whole conftituted either the Wd Boird ii fo or it is not if it is it is and another is un if it is not fo either it to be if capable of being ren ted or if incapable it ought kle sbolifhed by due authority one Board pioperly regulated and fubilituted in lli room whereas the prefent meafure of Govern is to do neither for it to continue the loard in its antient if it is in isabsurd and to add another to do Profits which if it be not in It in a not that we have one Board properly regulated and that we fhouldhave each of II be fo contrived al to be at leail fepa an3 that not for the pijrpofe fue one being and coutroul on butwholly independent and can evil confequences as we without one as no pew expence that can belfcvoid tobe at a when from the wifdom both in the Seffiohs of and in the prefeat to reduce very confiderably the fum ufiially expended on tbe internal improvement of the and towards the fupport of its great charitable foundations notwithftanding fucka re Government was obliged to borrow in the two laft years in aid 6f the Ge neral Revenue when the next two years ietm to threaten a ft 11 greater increafe of national the Commons having deemed it neceflary tq Vote in this a loan of in the General for the ordinary ervice of the two years enfuing when his Majeftys by decay of tradeand credit is nocwithftanding this Country is more heavily fear dened in proportion to her ability than Grea Britain notwithftanding thafthe taxes o this kingdom exceed in their annual amounfcih whole circulating fpecie of the yet th expence of the Public is greatly fuperior to the Revenue Even though the latter ffioolc rife again to as high an amount as it hath reath at any period which we cannotpro mife to ourfelras at prefent that it will when inftead of we fhill diminifh the Public this kingdom will incur a larger in a few years of profound tranquil than it contraclea during the whole of in which this country undertook a lar ger fhare of than ever it had done in a War before And when the fpeech from tlje Throne this Seffion of hath fluted emphatically the neceflitous condition of this and hath dictated ceconomy in fuch alarming Becaufe it that at fo late a pe as in the year the whole expence the public in the Omimiffioners ofAcr counts amounted only to which fince that principally by theionovation inftead of annual hath in feven times tbat without any ad van tsgeto the Public as we appreheod in confequence of this new will at the loweft be aug the in more than a twenty f livered to the and tobejg fold that in a and the V 1 rt rr o lie diftrefsj and of accumulating debt hi the firftmendoned this natron having recently difcharged the whole capital of its an tecedent was free from all incumbrance and in a profperous and rifing con dition we humbly that it would be more feafonable and expedient to reduce this artic e of the Public than to en creafe it and that nothing can be more prepofte in this than the prefent this new Board of Inferior fortaking a very fmall portion of the public will coft the on the moft moderate above Sixteen times he which was paid in to the antient aommiHioners for the whole accounts of the na Becaufe we that as any two of he faid five Commiflionf rs are autherifed by thefe exercifeall the and ftngular owers vefted thereby in the faid icat and much confufion may bllow therefrom and that contradictory nay be each figned by two of the faidCom without any apparent or round of in the one order over the whereby the perfons required to obey the may regulate their or be able to are which to we if any encreafe of expence in this department were at all expe or that the public intereft would that the fame fhould be incurred ather by a moderate addition of profit to thean ient than by the creation of new for many weighty and efpecially or by multiplying unneceffary the undue influence of the Crown muft be extended or which purpofe alone this appointment feems o to have calculated whether ie confider that fignal mifmanagement and mal which hath rendered the arts of ntrigue and corruption more than ufually re to counteracl the force of juft and natio al indignation or whether we confider the per oiis appointed to thefe inftead of jeing felected from amongft thofe who have had opportunities of tellifyiog their peculiar itnefs and experience the department of he national accounts have been all with ut a fingle from arnongft the repre entativea of the Becaufe we wflh the validity of the ctton patent in queftion to oe brought to as we apprehend that the fame are ple for that the Court of Exchequer is a Court antient jurifdicHon for the porpofeof hearing nd determining all mattersbf accountaitlre with fufficient officers and powers for ad ufftng and determining reco vering all fuch balances as may fee due hercon in which Court all of fegal muft be decided by the Jsafons wfadknow and alliqueftionj df tbUconfti thaf judicature nor any perfon or perfons fave only the antient Judges and Officers of the faid to hesr and determine any matter or matters incident to thereof or to exercife nny powers which may interfere with the faid But the five CommiSoners of appointed by his Majeftys letters bearingdate the3 ift of ary two or frforc of are author fed by faid To call before once in every the Matter of the the clerks and receivers of fines and thfir treafurer of the Barxack or Board of and every accomptant and accompt whofe by virtue of any former the faid Coinmifiiorsers or others exerciiing or occupying were le quired and to except the accounts of the Vice Treafurer and dr Receivers and the Treafurer at or to cnl before them all fnch perfons who or from time to receive any fum or fums of mo by way of either by warrant or order of government for his Majeftys to exhibit to the faid Commiffieners all fuch and muniments as fhall touch or concern the charge or difchargeof the faid ac counts remaining in their hands or or remaining in the or poffeffioa of any of his Majeftys Officers or Minifters within kingdom and every of 5 by all ways they poffibly to caft and examine and upon examination and perufal to make and juft accounts or de clararions of the account contain fiim and fubftance thereof in charge and dif as been heretofore the faid feveraj accounts to be fairly in two and by the faid or any two or more of figned and tne one part to retbain of record in the Court of Exchequer and the other part to Hslieirs and warrant and and the faid and of are required to have fpecial re that al fuch petitions and as be by them have good and pro bable reafons to maintain and prove the provided always the faid parts of the faid account fo as to be delivered the faid or any two or more of fo figned and fhall not exo nerate or difchargc the faid or any of their or adoai of any fuch as fhallbe by the faid or any two or more of them found due and by the faid accomptants owing upon their faid uniii fuch time as the faid and every of fhall firlt take order with the for Cbtirfes and Ufage of WE therefore that thefaid if founded in the faid Statute of Henry VIL be no Example of theie which are not founded nor can the if founded in be any precedent of et fentially differ frDoi the ufage ob Ne it ier do conceive that there ths rown of Oralteringthe Antient Offices Eftablifhed by BecauTe in the Court of ccrtrfn antient Clerks or Officers cal led Auditors whofc dutyitis foreign and impreileu and to perfeft the fame and we conceive that arl fuch nutters the faid accounts as are be well and effectually tranfacted by the faid of and do of right belong to their office that the in dilution of New Commiffioners of Ac fo far as they are miniftgriali is leal fuperfluous fo far as they are judicial we rnanifeAly Becaufe rfib faid new GdmmiffionerS or any two of them are inrpowercd by the faid letters to give and allow at to any perfon or perfjns employjCdia or about the faid or in any thing concerning the fuch fum or fums of or other recompence as to the faid fhall feem meet and And we apprehend that to delegate fuch a difcretionary powor dver the revenuej to any perfons whatfoever is repugnant to theSrll principles and of moft dangercjus ex 1 Becaufe we that new tends to the and delay of the and is no advan tage to the is therefore againft But this hew iflftitucion appears fo us manifeftly to tend to the and delay of the in as much as it requires perfons to ac count before who are not bound by any oath to or according to law neither have they any certain Rules of or by which to gtKefif their proceedings neither is in the Court to be open at all for receiving tutional trial iy And j fhe executive power artlai tonfift tiy with the fegpokit any payment inftallments as to the faid or any two or more of lhall be thought meet and Which faid powers of allowing petitions and and granting difcharges to we conceive will amount to a determination of matters incident to of the faid Court of and will alfo eflentially interfere with the faid ju inafmuch as having ob tained fuch will according to the tenour of the faid be obliged to ren der any account to the faid Court of Exche quer but if the provifion of the faid fhall beconfidered as plead fuch difcharges in bar of any demanded of them before the faid We further ap that the faid New GOII litutedwith the aforefaid are a new Ju notwithftanding that have icretofore been granted to Commiffioners of Ac counts in this as all fuch former patents if have been founded eitherin the Statute of the tenth ofHenry the or in the Common which is Com mon Ufage fo far as the faid ancient par may have been founded on the faid hey can be no Authority or Example for thepre ent which do in no fort purfue that Sta ute and if in any pait they were founded in Com mon the ufage muft be taken entire it las been at all times a part of that ufage by fuch patents to grant the CommLlion for Taking Ac counts tto the Barons ofthe and cer ain great Officers oftbfc law for but incident to whereas the hew Com during the Kings in the altoge with the faid Coofi of Contrary to every ap a wellas to the fpirit of thatexfcellenr ftatute of the 5 th of Richara the Tvhichenafasj thaj no oif fhe Pipe 6f and regularly difpntching the they being only authorized to take accounts once in every And the faid inftitution appears to us 09 the other hand to contribute in no fort to the ad vantage of the King but on the contrary to the manifeft injury of his in as much as no power is given to the faid Commifficners to exa mine any accountant upon oathj ns we conceive is there or could there be any power granted to them by the faid to enforce the appearance cf any or nor Co examine any not parties to the faid accounts nor to punifli for any forged re or other frauds nor in any to com pel payment of any ballance that may appear to be and alfo in as much as the faid Com oir dtliet Chief Officers of the ftjould be iunlefs bewell the or othenvife very kilful in the are authorized at their to permit to difcharge their balances by inftallments whereas by thecourfe of according to the oaths of the and of the none of the Kings were tobe put in or payment thereof al loAed to be where the fame might be goodly levied From all which we draw this general tkat this Novel tendeth to the and Delay of the is no Advantage to the and therefore is againft Law and ought not to be l the faid new Commiffion doth under the general words of the Receivers of the Kings Fines and feem to draw all Sheriffs from the faid Court of to Account before the faid Commiffioners whereas the faid Sheriffs are bound by their their and the Law of the to account ia the and there and thefubjeiS ing them to any other Jurifdiflion would be a manifeft Grievance to them and to the i 3 Becaufe we conceive it of the moft dan gerous Tendency to Great as well as to this that the Syftem of and the Rights and Powers of the great Courts or which are the fame in both fhould be violated in either For that in the Pre fervation thereof our Liberties can be fe cure as by every Encroachment thereon in for mer the Public Freedom hath been brought to the Brink of and the Pillars of the Con ftitudon fhaken to their LEINSTER WESTMEATH SHANNON LANESBOROUGH ffer proxy MOIRA MOUNT CASHELL HSLE BALTJNGLASS SYDNEY LONGFORD KNAPTON BELLAMONT MORNINGTQN WANDESFORD MOLESWORTH BECTiE ;