tor refides; confequently, fuppofing his enfion is paid but once a-year, he must nually travel twenty miles, or more, at ait once, perhaps twice, before he can eceive it. To every fuch outpenfioner this must always be expensive, and extremely inconvenient; but to many it w be abfolutely imposible; fo that they will come at laft to be unavoidably deprived of their penfion, without any fault or neglect of their own, and that at a time when they have most occasion for the chaitable fupport of their grateful country, that is to fay, when they are become fo decrepit and feeble as not to be able to travel a mile from their own door, and are perhaps in a place where they have no title to any relief from the parish. ment. This would enable every penfioner refiding in any part of G. Britain, to receive his money, without any ufurious deduction, and without trouble or expence, which I am perfuaded was defigned by the gentlemen who were the promoters of this charitable law: and I hope the commiffioners of Greenwich hofpital have a power, when they put any seamen upon the outpenfion, to do what the commiflioners of the Chelsea hofpital are now by the aforefaid law obliged to do, that is to fay, to pay every man fomething in advance, when he is admitted upon the outpenfion, and always afterwards to pay him at least half a year in advance; for if they are not paid in advance, they must neceffarily fall into the hands of ufurers, who will make them pay at a most extravagant rate for the risk of their happening to die before the enfuing half-year is ex The claufe in this act for making void all affiguments, &c. made by any outperhoner, was extremely right; because if they had fuch a general and uncondi-pired. tional power, many of them would become the prey of ufurers and extortioners; as was the cafe of the outpenfioners of Chellea college, before that excellent law was made, for declaring void all fuch fecarities to be granted by them; which will be a lafting memorial upon record to the bonour of the gentleman who was the prototer of it [xvii. 439.]. But still I muft think, that the inconvenience I have mentioned, may, without any danger, be prevented, by adding a claufe for impowering the Greenwich outpenfioner to indorfe his penfion-bill, after he has received it, and for impowering the revenue-collector to pay it to the indorlee, after being duly examined, upon his producing the certifitate before mentioned, and alfo another certificate from the fame minifter and church wardens, or elders, declaring that the faid penfioner had indorfed his bill to fuch a one, who had in their prefence paid, or to their fatisfaction accounted to him for the full value thereof, or who would, to tise best of their knowledge and belief, bonelly and faithfully return the money to him, as foon as poflible, after he had received it. Such a certificate would prevent its bepoffible for any ufurer to take any unraft advantage of a penfioner's having a power to incorfe his penfion-bill, after he received it; and as there are in every arih fome people who have frequently in eccafion to go to the county-town, or to the next port-town, fome of them would always do him the favour to take his bill aku with them in order to receive pay. I have faid every penfioner refiding in any part of G. Britain: for if any one fhould go to refide in Ireland or America, they could not by this law receive any penfion; and yet this may, I think, and ought to be fome way provided for. We have always many brave Irish and American feamen ferving in the royal navy, efpecially in time of war. they are equally British fubjects; and whilft they are in the fervice, they contribute to the fupport of Greenwich hofpital equally with thofe that are born in G Britain; confequently they have an equal title to every benefit that may arife from the fervice. I make not the least doubt but that many of them will hereafter be put upon the outpenfion-eftablishment; and if they fhould, fome of them may chufe to retire to their native country, in order to pass the rest of their days among their friends and relations; it would be cruel to debar a poor old feaman of this fatisfaction; therefore I hope fome method will be contrived for enabling fuch men to receive their fenfion in Ireland, or even in Ame rica. I hall grant, that the whole expence of fupporting our navy, as well as that of fupporting Greenwich hofpital, is raited by the parliament of G. Britain; and therefore it may be faid, that if anv Irish or American feamen fhould be put upon the outpenfion-establishment, they ought to be obliged to live in G. Britain. But that is a partial and an unjust way of reafoning. What is it that enables Britain to raife this expence? It is the great addition made to our general balance of K 2 trade, trade, by the trade of Ireland and America. If they were entirely detached from us; if we had no remittances from thence, nor any benefit by means of the exports from thence to this, or to foreign countries, I much fufpect, that G. Britain alone would now be a very fmall gainer, if not a lofer, upon the general balance of its trade; in which cafe we could neither fupport fuch a navy nor fuch an army as we do at prefent. Therefore no difference ought in this refpect to be made between a British and an Irish or American feaman. And I must add, that every feaman in the merchant-fervice of Ireland is, by the act 10° Ann. obliged to contribute his 6 d. amonth to the fupport of Greenwich hofpital, as well as every feaman in the merchant fervice of G. Britain. A committee was appointed, Feb. 23. to prepare an estimate of the charge of the pay and cloathing of the militia of England for one year, beginning March 25. 1763. Next day the committee were impowered to include in the estimate the amount of twenty-eight days fubfiftence for the commiffion-officers of the faid militia under the rank of captain. Lord Strange prefented this eftimate March 8. It was read, and ordered to lie on the table; and next day, after being recom mended in the ufual manner by the King, it was referred to the fupply-committee, where it produced the refolution which was agreed to on the 10th [xxv. 491. art. 18.]. A bill was immediately ordered on this refolution; which was prefented by Mr Ald. Dickenfon on the 14th, had fome amendments made to it in the committee, and after palling through both houses, received the royal affent on the 24th. This act was in many refpects the fame with that for the fame purpose of the preceding feffion [xxv. 253.]; notice hall therefore be taken only of the chief alterations made. When the act 1762 was pafed, most of our militia were embodied, and in actual fervice, confequently paid as regular troops; and therefore 20,000 l. was all that was reported by the committee to be neceflary for defraying the charge of pay and cloathing of that part of the militia that remained unembodied: but when the act 1763 was pafled, the whole of our militia was unembo died, and likely to continue fo for that year; therefore the committee report ed 150,000l. to be receflary for defraying the charge of their pay and cloathing; which makes a very mater difference in the preamble of the t acts. By the act 1762, there is to paid 5 d. a-month for each private m and drummer for contingent expences; the act 1763 it is to be 6 d. one per whereof is to go towards an hospital. the former act the lieutenants and enfi were to have no pay; by the latter th are to have, the lieutenants 3 s. 6 d. enfigns 3 s. a-day, for every day they abfent from home, on account of ex cife; and this without injuring them to their half-pay, in cafe any of them intitled thereunto. Laftly, by the n act there is an alteration made in pur ance of an inftruction to a committee the whole houfe, to whom the bill recommitted, to receive a claufe for more convenient appointing the times a places for training and exercising the litia in 1763, thefe times and places ing now to be appointed by the lord li tenant, on or before the 30th of Ap or, on his neglect, by three or more puty lieutenants. There is one claufe which I am fo to find continued in this new act, that by which it is enacted, that wh pay has not yet been iffued, no pay be iffued until his Majefty's licutena &c. fhall have certified to the treal and receiver-general, that three fifths the number of private men have been 1olled, and that three fifths of the p portion of officers have accepted th commiffions, and entered their qualifi tions. The continuance of this clauf a proof, that in fome counties the m tia has not as yet been raifed, notwi ftanding the penalty that is by the ge ral militia-act of the preceding fellion be inflicted on them for that neg [xxv. 255.]. This penalty will beco due fome time next fummer, and I b the law will be ftrially carried into exe tion, and the penalty duly exacted. It in fome degree le flen the fum neceffary defraying the charge of pay and clos ing for the next year's militia; therefo make not the least doubt but the par ment will make a flrict inquiry into 1 matter, and apply the whole produce thofe penalties to that fervice. On the 16th of March, while the litia-bill was paffing, an account of monies remaining in exchequer, of fums granted the preceding feffion for unembodied militia for 1762, was, order, laid before the houfe, and on 18th referred to the ways-and-means committee; where it produced a refoluton, which was agreed on the 19th, for thing and applying the monies fo remaining. But this article, as no fun is pecified, is not inferted in our account of the ways and means. [xxv. 493.] Leave was given, Feb. 25. to bring in a bill, to prevent occafional freemen from rating at elections of members to ferve parliament for cities and boroughs, anda committee was appointed to prepare and bring it in. The bill was prefented March 9. by Mr Ridley. On the 11th there was prefented, and read, a petition of the mayor and burgees of the city of Gloucefter, in comcouncil affembled; fetting forth, That at the last general election of mem sers for the faid city, there were three candidates, viz. the prefent members ad Powel Snell, Efq; and that feveral perons applied, after the test of the to be admitted to the freedom of the laid city, not having made any demand thesef before, in order, as they declared, and had fince alfo declared upon oath, to ate at the then next election; and it being then infifted upon, on behalf of fome of the faid candidates, that by a refcation of the house on a fimilar case of the city of Norwich, March 12. 1701, it had been determined, that perfons having a right to freedom before the teft of the art, and taking out their freedom after the fad teft, not having demanded the fame before, had not a right to vote in lee enfuing election, the petitioners that were then present, as were the mayor and demen of the faid city, (in whom the yer of admitting freemen is vefted), thending, that if they did not conto the faid refolution, they fhould acar the cenfure of the houfe, they did mile to admit any perfon to their free c, on whose behalf no demand had made prior to the teft of the writ, believing that the fame would alfo tad to mislead and diftrels the fheriffs, are the returning officers of the faid y, and perhaps thereby occafion petias to the house; but all fuch perions sere affured, that they fhould be admites to their freedom as foon as the elecwas over, and feveral of them who as a right were accordingly afterwards itted; and that the petitioners beired that the whole number of perfons n refuted did not amount to above eighlec, and that the difference of the num bers fo refused for the reafons aforefaid, on behalf of the feveral candidates, diá not amount to above eight or ten perfons; and that the majority for the prefent members amounted to above 400, notwithstanding the many violences used against, and the kidnapping, confining, and even killing of fome perfons, who were in the intereft of the prefent members; and that, as the right of the election of the prefent members could not be called in queftion, the petitioners did not think proper to trouble the house with their complaint thereon; but fome of the perfons who had fo been refused their freedom, being in very low circumftances, had fince, by the inftigation and at the expence (as the petitioners had great reafon to believe) of an attorney and counfeller at law of the faid city, applied to the court of kings-bench, and obtained an information against three of the petitioners, who were then aldermen, as the particular perfons applied to for their freedom, although the refufal for admitting them thereto was made by the mayor and all the aldermen then prefent, for the reafons aforefaid, which was then declared to them by the town-clerk; and that as fuch inconveniencies had already arifen to fome of the petitioners, from their strict adherence to the faid refolution of the houfe, and might afterwards arife to other perfons at future elections; and that as it was neceffary the rights of perfons claiming their freedom might be fully looked into and examined, and many infamous and corrupt applications from the electors, and great expence to candidates, might be prevented, and also that fecurity might be given to magiftrates and returning officers who were defirous of impartially discharging their duty; therefore praying that a claufe, or claufes, might be inferted in the faid bill, in order to afcertain fome fixed time for admitting of perfons to their freedom for voting in refpect thereof, previous to elections, or that the house would be pleafed to order that another bill might be brought in for the purpofes aforelaid, and that the houfe would give fuch further and other relief, in the premifes, as they thould think proper. This petition was ordered to be referred to a committee, and that they thould examine the matter thereof, and report the fame, with their opinion thereupon, to the houfe; and a committee was accordingly appointed, with power to fend for for perfons, papers, and records. But for what end this committee was appointed, does not appear, for they never made any report. Surely the magifirates of Glou cefter did not expect that the house would make an inquiry into any riot that had been committed at the election of their representatives, as the election itself was not difputed; and much lefs could they expect that the houfe of Commons would determine the point of law, Whether they had legally refufed or delayed granting the freedom of their city to thofe who, as themselves acknowledged, had a right to it? for fuppofing that the refolution of that boufe in 1701 had been as general as they have reprefented, it might have been a reafon for the fheriffs to refufe the votes of those freemen, or at leaft to put a query upon their votes at the election; but I cannot think it a good reafon for the magiftrates to refufe admitting them to their freedom at the time they demanded it and I hope no advantage was taken from the appointment of this committee, to frighten the people who had commenced their law-fuit, in order to compel them to drop or give it up; as fuch a proceeding would have been a fort of, what the civilians call, concuffion; which is a crime of fo heinous a nature, that I am convinced none of the magiftrates of Gloucefler would have been guilty of it; and I am fure no gentleman of the committee would have any way countenanced fuch a proceeding. However, though no report was made by this committee, and though the petition itfelf feems to favour a little of the Bocotian; yet as it was prefented upon this occafion, and furnished a good argument in favour of the bill, I thought it neceflary to give it a place in the hiftory of that bill which was the next day read a fecond time, and committed to a committee of the whole houfe for the 17th; after which it passed through both houfes in common courte, and received the royal affent on the 31st. The preamble of this act recites, That whereas great abufes have been committed, in making freemen of corporations, in order to influence elections of members to ferve in parliament, to the great in fringement of the rights of the freemen of fuch corporations, and of the freedom of elections: Therefore, to prevent fuch practices for the future, it is enacted, 1. That after the 1ft of May 1763, no perfon claiming as a freeman to vote at any onl election of members in England, whe his right of voting is as a free... fhall be admitted to vote, unlefs he th have been admitted twelve months befo the first day of fuch election. And if ny perfon fhall prefume to vote contra hereto, he shall every time forfeit 100 to the profecutor, and his vote fha!! void. 2. This not to extend to perfo intitled to freedom by birth, marria or fervitude. 3. Any mayor, &c. wh fhall wilfully and fraudulently antedat or caufe to be antedated, the admishion any freemen, fhall every time forfe 500l. to the profecutor. 4. The reco of every corporation wherein the adm fion of freemen thall be entered, shall permitted to be inspected by any cand date or his agent, or any two freemer upon demand, and the payment of t between nine and three o'clock in ti day-time, upon any day before, or wit in one month after any election; and the are to have copies of the admission fuch freemen as they think fit, upon pa ing a reafonable reward for writing ti fame; and the faid record itfelf is to produced at every election, if demande on penalty of forfeiting every time 100 to the profecutor. 5. All forfeitures be recovered, with full coafts of fuit, I action of debt, &c. 6. But no per to be liable to any forfeiture, unless pr fecution commenced within one year a ter incurred. 7. This act to be read every fuch election. 8. Not to extend London or Norwich. On the fame day that the precedin bill was moved for, viz. Feb. 25. anothe of the fame nature was likewife move for; and leave having been given, and committee appointed to bring it in, S Walter Blacket prefented, March 16. bill to prevent fraudulent and occasiona votes in the election of knights of th fhire, fo far as relates to the right voting by virtue of an annuity or rent charge. By virtue of an instruction t the committee on this bill, the provifion of it were made to extend to cities at towns that are counties of themselves and a proper addition was made in th title. The bill was paffed by the Com mons April 11. and fent to the Lords It was paffed by their Lordships, wit one amendment, and returned to th Commons on the 18th, for their concur rence. This was fomething extraordina ry, as the bill related only to the election of members of the houfe of Commons Te amendment was, however, taken confideration the fame day; and habeen found reasonable, was agreed to; cut the bill received the royal affent next , which was the last day of the fellion. By this law it is enacted, That no te or rent-charge iffuing out of freelands, of which a perfon was feifed we June 1. 1763, thall, after Aug. 1. intitle the annuitant to vote at any tion, unless a certificate, upon oath, Lahave been entered twelve months at before the first day of fuch election, the record-keeper of the county, , or town, where the lands lie; nor Diy fuch annuity coming to a perdefcent, &c. within twelve months before fuch election, intitle the anant to vote, unless a certificate, upath, or affirmation if a Quaker, shall re been entered as aforefaid, before tirt day of fuch election. In both e cafes the form of the certificate is the act prefcribed, and thereby the pratint is to declare, that he is really fide feiled of fuch an annuity, tion use and benefit, without any greement, matter or thing to the cray notwithstanding; and when or be became feifed thereof; and more er he is therein to defcribe the lands At of which the annuity is to iffue, and whom they belong. The to any annnity or rent-charge Tarted after June 1. 1763, it is enacted, at no fuch annuity fhall intitle the stant to vote at any election, unless erorial of fuch grant fhall have been red as aforefaid twelve months at before the first day of fuch election; memorial is to be drawn up and repered according to the directions in a: and that no alignment of an anay, or any part thereof, fhall intitle aignee to vote at any election, una certificate or memorial of fuch afment fhall have been registered at twelve months before the first day any fuch election. There are other es, for obliging every fuch recordeer to keep fuch a register, and to end any election with his record, at request of any candidate; and for pughim, if guilty of any wilful neglect, demeanour, or fraudulent practice. Upon the whole, it is to be hoped that at will be found to be effectual for eventing any man's voting at an elecby virtue of a fham grant or affignof an annuity: but I must think, that the effect would have been more certain, if, with refpect to every grant or alignment made after June 1. 1763, it had been enacted, That to the memorial thereof there fhould be added a certificate, upon oath, by the grantor and grantee, or affignor and affignee, that the grant or alignment was really and bona fide made, for the ufe and benefit of the grantee or allignee, without any truft, agreement, matter, or thing, to the contrary notwithstanding. As the law ftands at prefent, a gentleman of a large land-eftate may create a number of voters for any enfuing election, by granting a great number of annuities at leaft twelve months before the end of a feptennial parliament, and getting a memorial of each duly registered as foon as granted, and may fecure himself by taking from each a defeafance, declaring the graut to be in truft, and obliging himself to restore it to be cancelled against fuch a day, or as soon as demanded. Whereas, were fuch a certificate as I have mentioned added to the memorial, and registered with it, no grantee would give fuch a defeafance, as it would, if produced, be a proof under his own hand for convicting him of perjury; nor could the grantor ever by law recover his deed of grant, without not only confeiling, but proving, himfelf guilty of perjury: no voters could therefore by fuch means be created, but by the grantor's trufting entirely to the honour of the grantee; which no gentleman would venture to do with respect to any great number of perfons; and the putting of fuch a truft in two or three only, would but feldom anfwer any candidate's purpose. However, I hope no fuch evasion of the act, as it now ftands, will ever come to be practifed. If it fhould, it will be easy to put a stop to it, by adding fuch a regulation as I have propofed. Which was my reafon for adding fuch a remark: for if no ftop fhould be put to fuch a practice, this act, instead of leffening, would add to the expence of elections; which are al ready to expensive, that if an effectual me thod be not foon taken to reduce that expence, it will put an end to the independency of, and confequently to any benefit the nation can ever expect from parliament. No gentleman who is really independent, will ever appear as a candidate at any election, if a man must purchafe, and purchafe at a dear rate too; no man will purchafe that is not fecretly refolved |