“of a banker, 
HISTORY OF EUROPE. 
20 of June, put into a committee, 
to consider farther of the impeach- 
ment, it was moved, that it is the 
opinion of this committee, that the 
commons have made good their first 
article of charge. After a long 
debate, the house was resumed, and 
the judges ordered to attend next 
day. 
On the 3d of June, the follow- 
ing questions were, on the motion 
of lord Eldon, put to the judges, 
which, with the substance of the 
opinions of the judges thereupon, 
delivered on the 5th of June, we 
subjoin, 
- The first question put to the 
judges was as follows: ‘* Whe- 
** ther monies issued from the ex- 
“ chequer to the governor . and 
-™ company of the bank of England, 
** on account of the treasurer of his 
&* majesty’s navy, pursuant to the 
“aet 25 Geo. II]. cap. 31. may 
“be lawfully drawn from the said 
‘bank by the person duly autho- 
“rized by the treasurer to draw 
** upon the bank, according to the 
* said act; the drafts of such per- 
*<son being made for the purpose 
“* of discharging bills actually as- 
‘6 siened upon the treasurer before 
*¢ the date of such drafts, but not 
“actually presented for payment 
** before such drawing ; and whe- 
ther such monics#so drawn, for 
** such purpose, may be lawfully © 
* lodged and deposited in the hands 
other than the 
bank, until the payment of such 
“assigned bills, and for the pur- 
* pose of making payment thereof, 
“ when the payment thereof shall 
“be demanded, or whether such 
** act, in so drawing monies and 
“lodging and depositing the same 
“Sas aforesaid, is in the Jaw a 
‘*erime or offence?” Upon tbis 
. 
125 
question the lord chief justice ef 
the court of common pleas deli- 
vered the unanimous opinion of the 
judges, that the monies described 
in the question might be lawfully 
drawn from the bank by the per- 
son duly authorized by the trea- 
surer, lawfully lodged and depo- 
sited in the hands of a private 
banker, ‘* and that such act, inso 
‘¢ drawing such monies, and lodging 
‘¢ and depositing the same as afore- 
‘ said, is not in the law a crime or 
‘¢ offence.” 
The second question put to the 
judges was: ‘* Whether monies 
‘¢ issued from the exchequer to the 
‘¢ bank of England, on account of 
‘¢ the treasurer of the navy, pur- 
*‘ suant to the act 25 Geo. Jil. 
“ cap. 31. may be lawfully drawn 
‘therefrom, by drafts drawn in 
‘¢ the name, and on the behalf-of 
‘¢ the said treasurer, in the form 
“« prescribed in the same act, for 
** the purpose of such monies being 
‘‘ ultimately applied to navy ser- 
“¢ vices; but, in the mean time, 
‘¢ and until the same should be re- 
‘6 quired to be so applied, for the 
4¢ purpose of being deposited in the 
‘¢hands of a private banker, or 
<¢ other private depository of such 
*¢ monies, in the name, and under 
‘¢ theimmediate sole controlanddis- 
‘< nosition of some other person or 
‘¢ persons than the said treasurer 
‘¢ himself’ Upon this second 
question, ‘‘If by the expression 
‘ for the purpose of being deposit- 
- edin the hands of a private bank- 
‘er, or other private depository,” 
‘jt is to be understood,thatsuch was 
‘6 the object or reason of drawing 
“¢ the money out of the bank of 
‘ England, the judges answer, that 
«¢ monies may not be lawfully drawn 
&* out of the bank of England by 
“ the 
