The commons having thus punished the principal promoters of this iniquitous scheme, proceeded to repair, as far as possible, the mischief it had occasioned. They prepared a bill for that purpose. On the enquiries relative to the framing of this bill, it appeared, that the whole capital stock of the South Sea Company, at the end of the year 1720, amounted to thirty-seven millions eight hundred thousand pounds; that the stock allotted to all the proprietors did not exceed twenty-four millions five hundred thousand pounds; and that the remaining capital stock belonged to the company in their corporate capacity, being the profit arising from the execution of the fraudulent stock-jobbing scheme.

Thus by the timely and vigorous resolutions of the parliament, the South Sea Company were soon in a condition to fulfil their engagements with the public; and the calamities of the people, which had been carried to the most outrageous height, were, in a great measure, appeased, and tranquillity restored to the nation*.

The king, commiserating the distressed situation into which the city had been reduced, in consequence of this knavish project, thus addressed them; when the lord mayor and corporation went some time after to congratulate him on the birth of Prince William, afterwards the renowned Duke of Cumberland:

"The zeal and affection you have upon all occasions shewn to my person and government, leave me no room to doubt of your joy at this happy increase of my family.

Whilst this affair was in agitation, petitions from counties, cities, and boroughs, in every part of the kingdom, were presented to parlia ment, crying for justice against the villainy of the directors. Pamphlets and papers were published on the same subject; and the minds of the people were exasperated to the highest pitch of resentment.

The rapid circulation of money, the sudden elevation of persons of the meanest rank, and the almost total dissolution of property, occasioned by this infamous scheme, introduced a surprizing profligacy of life and manners. The adventurers, intoxicated by their imaginary wealth, gave full scope to the gratification of their criminal passions, and indulged themselves, without restraint, in every kind of lawless plea

sure.

VOL. I No. 15.

X x

1 cannot

"I cannot omit taking this opportunity of assuring you, that I am truly concerned at the calamity brought upon you by the wicked management of affairs in the South Sea Company; I have, however, this comfort, that the reproach of any part of this misfortune cannot with the least justice be imputed to me. Nothing will give me more ease and satisfaction, than the seeing you delivered from your present sufferings, your trade revived, and public credit re-established."

Another important concern in which the corporation was engaged, occurred this year; when it was apprehended that not only their rights and privileges as a body corporate were invaded, but likewise that the general trade and the prosperity of the public were concerned, in consequence of an act then passing through parliament: "For performing quarantine, lest the plague should approach the kingdom, as it raged in a dreadful manner at Marseilles." The act enjoined, "that every infected place should be inclosed and shut up by a line or trench, in order to cut off all communication; and that all persons endeavouring to escape from the said infected place, without having regularly performed quarantine, were to suffer death as felons, without benefit of clergy." The lord mayor, aldermen, and common council, and merchants, petitioned the house of lords against three clauses in the said act, then under their lordship's consideration,

The obnoxious clauses were as follow: "And be it further enacted, that if any person infected with the plague, or obliged to perform quarantine, shall wilfully refuse or neglect to repair within convenient time after due notice, it shall and may be lawful for the watchman, or other persons appointed to see quarantine performed, to compel every such person so refusing or neglecting, to return into such ship, &c.; and every person refusing to repair, within convenient time after such notice, shall be adjudged guilty of felony, and shall suffer death as a felon, without benefit of clergy.

"And be it further enacted, that if any person not infected, nor liable to perform quarantine, shall presume to enter any ship, house, &c. so appointed, whilst any person or persons so infected, or being under quarantine, shall be therein, and shall return, or attempt to return from hence, unless in such cases, and by such proper licence as shall be directed

consideration, praying they might be heard by their council, or otherwise, in relation to the said act, at such time and in such manner as their lordships should judge most proper." But after some debates, the question being put that the petition be received, it was determined in the negative, by a majority of sixty-three against twenty-two voices, seventeen of whom entered their protest *. A bill, however,

directed or permitted, it shall and may be lawful for the watchmen, or or other persons appointed to guard or secure such ship, house, &c. by any kind of violence that the case shall require, to compel such person to repair into such ship, &c.

"And be it further enacted by the authority aforesaid, that if at any time or times hereafter any city, town, or place within Great Britain or Ireland, shall be infected with the plague, it shall and may be lawful to and for his majesty, his heirs and successors, to cause one or more line or lines, trench or trenches, to be cast up or made about such infected city, town or place, at a convenient distance from the same, in order to cut off the communication between such infected city, town, or place; and the rest of the country to prohibit all person's goods and merchandizes whatsoever to enter, pass, or be carried over such lines, or trenches, unless in such cases, and by such proper licence, and subject, to such regulations and restrictions for performance of quarantine, as shall be directed or permitted by any such order to be made and notified; and in case any persons being within such lines, or trenches, shall, during the time of such infection, presume or attempt to come out of the same, unless in such cases, and by such proper licence, and subject to such regulations and restrictions for performing of quarantine, as shall be directed or permitted by such order, to be made and notified as aforesaid; it shall and may be lawful to and for the watchman, aud persons appointed, by any kind of violence that the case shall require, to compel all and every such person or persons to return back within such lines, or trenches; and in case any person shall actually come out of such lines, or trenches, such person shall be adjudged guilty of felony, and suffer death."

"Dissentient,

PROTEST.

"1. Because the liberty of petitioning the king (much more that of petitioning either house of parliament) is the birth-right of the free people of this realm, claimed by them, and confirmed to them soon after the Revolution in an act, declaring the rights and liberties of the subject, and settling the succession of the crown; and whenever any remarkable

X x 2

however, being soon after brought up from the commons to reverse the clauses that affected the city of London, the lords passed it without opposition.

The

remarkable check hath been given to the free exercise of this right, it hath always been attended with ill consequences to the public.

"2. Because the petition so rejected was in our opinion every way proper and unexceptionable, both as to the manner of wording and presenting it, and the matter to which it referred; nothing being more natural and reasonable than that any corporate body should, if they desire it, be heard upon any bill under the consideration of parliament, whereby they judge their particular interests to be highly, though not solely affected. This liberty we remember to have been granted, in a Jate session, to the traders of Norwich, upon their petition touching the callico bill; nor are we aware that it hath ever, in like circumstances, been refused to the meanest corporation in the kingdom: but if it had, we humbly conceive that in this case a distinction might have been made in favour of the city of London, which being the center of credit of the trade and monied interest of the kingdom, and the place where the plague, should we be visited by it, is most likely first to appear; and having also remarkably suffered by means of the late fatal South Sea scheme, was, we think, in a particular manner entitled to apply for relief against some clauses in the quarantine act, and deserved to have been treated on that occasion with more indulgence and tenderness.

"3. Because the rejecting the said petition tends, we conceive, to 'discountenance all petitions for the future in cases of a public and general concern, and by that means to deprive the legislature of proper lights, which they might otherwise receive; it being no ways probable that subjects or societies of less consideration will venture to represent their sense in cases of like nature, after the city of London have been thus refused to be heard.

"4. Because, as the receiving this petition could have had no ill consequences, as we conceive, nor have given any great interruption to the business of parliament for the rejecting it, may, we think, widen the unhappy differences that have arisen, and increase the disaffection to the government which hath already too much prevailed in this kingdom.

5. Because the arguments used on the debate, seem to us not to be of sufficient force; for we cannot conceive that because the said act of quarantine, in a general act, therefore no particular community or city, who think they may in a distinguishing manner be prejudiced by it, have a right to be heard in relation to it, and that at a time when it is

under

The year 1722 was productive of an act of parliament, which ordained, "That if any person refused or neglected to build his share of a party wall, after due notice given him, his next neighbour may build it for him, and oblige the person so neglecting to pay the charges of rebuilding it. And it was further enacted, that the water, falling from the tops of houses, balconies, and pent-houses, shall be conveyed into channels or kennels, by pipes in the front or sides of the houses, on the penalty of 201.”

A contested election for lord mayor this year introduced various circumstances, which alarmed the city respecting its rights and privileges. Sir Gerard Conyers, and Sir Peter Delmé, both gentlemen of great property, as well as approved magistrates, and the senior aldermen, having been

under the consideration of parliament: nor can we be of opinion that a petition agreed on by the lord mayor, aldermen, and citizens of London, in common council assembled, and presented not even by numbers allowed by law, but by a lord of this house, can possibly be a prelude or example towards introducing tumultuous petitions; much less can we see why it ought the rather to be rejected, because it came from so great a body as the city of London: on the contrary, we apprehend, that an universal grievance, which may be occasioned by any general act. must be represented to the legislature by particular persons, or bodies corporate, or else it cannot be represented at all: that the rejecting such petitions, and the not receiving of them, is the way to occasion disorders and tumults; and that the more considerable the body is, the more regard should be had to any applications they make; especially for matters wherein not only the rights, privileges, and immunities, but all their trade, safety, and prosperity are, as the petition avers, highly concerned."