Though the design of this motion was easily apprehended, yet many members expressed their surprise, that it should be made so late in the session, and after the recess of Easter, and when it was generally understood that there was no farther demand of money to be made; since it related to an account, said by the member who made the motion, to have been closed at Midsummer 1728, and consequently proper in every respect, if at all, to have been brought in very early in the session, and to have been considered in a full House; and this motion appeared to them the more extraordinary, because, in the former session, the several duties and revenues granted by the act for the better support of his Majesty's houshold, and of the honour and dignity of the crown, were understood, and appeared by the accounts then before the House, to produce yearly much above the sum of 800,000l. for which they were given; and therefore the said motion was vigorously opposed by Mr. William Pulteney, and other members, who moved, "That these Accounts and Papers should be referred to a Select Committee, with power to send for such other accounts, and to call before them, and examine such officers of the revenue as they judged necessary, and then to report to the House a true state of the fact, and whether it did appear to them that there really was such a deficiency in the produce of the Civil List Revenues."

But this was opposed by sir Robert Walpole, and Mr. Scrope who had delivered in these accounts; and the question being put upon Mr. Pulteney's motion, it passed in the negative.

(Bishop, sir Cecil, bt.
Bladen, col. Martin
Bladen, Thomas
Bond, Deunis
Bradshaigh, sir Roger
Brereton, Thomas
Bridgeman, sir Orlan.
Bristow, Robert
Brittiffe, Robert
Brodie, Alexander
Brooksbank, Stamp
Brudenel, hon. Jas.
Burchet, Josiah
Burrard, Paul
Byng, hon. Pattee
Byng, hon. Robert
Caernarvon, marq. of
Campbell, Daniel
Campbell, sir James
Campbell, col. James
Campbell, John
Campbell, John
Campbell, Patrick
Carr, William
Carey, Walter
Castlemain, visc.
Caswal, sir George
Cavendish, lord Chas.
Cavendish, lord Jas.
Chetwynd, Walter
Chapple, William
Clavering, John
Clayton, William,
(Westminster)
Clayton, William,
(Bletchingly)
Clutterbuck, Thomas
Cockburne, John
Collyer, hon. capt. C.
Conduit, John
Cope, col. John

Then it was moved by the Country Party, That this affair might be considered in a full House, and that for that for that purpose all leaves of absence might be revoked, and the members summoned to attend; which having also passed in the negative, the question was put upon Mr. Scrope's motion, which was car-Coppleston, Thomas ried in the affirmative, by 241 voices against 115. The following is a List of the members who voted Pro and Con on this remarkable occasion:

A LIST of the MEMBERS, who voted for granting 115,000l. for making good the Arrears of the CIVIL LIST.

Bacon, Waller
Baker, Hercules
Beauclerck, lord Vere
Beauclerk, lord Will.
Berkeley, hon. col. H.
Birch, John

Andrews, Townshend
Arundel, hon. Rich.
Ashe, Edward
Ashburnham, sir Will.
Bacon, sir Edmund,
(of Gillinghain)
ing to dissuade the prosecution of the demand,
so much as even to offend the King. The
enemies of his administration were not ignorant
of his resistance, and some of the leading
Tories made secret proposals to the King, that
if he would discard Walpole, they would not
only obtain the sum required, but add to it
100,000Z.
Thus circumstanced, the minister
reluctantly complied, and subjected his charac-
ter to much obloquy."-Coxe's Walpole,

Corbet, Willian
Corker, Robert
Cornwallis, hon. John
Cornwallis, han. Step.
Cracherode, Anthony
Cotton, sir Robert
Crispe, Thomas
Croft, sir Archer
Cross, John
Crowle, George
Darcy, sir Conyers,
K. B.
Docminique, Paul
Doddington, George
Downing, sir George
Ducket, William
Dunbar, Patrick
Duncombe, Anthony
Edgecombe, Richard
Edwards, Samuel
Egerton, col. William
Erle, Giles
Erle, W. Rawlinson
Evans, capt. Richard
Evelyn, John

Eversfield, Charles
Eyre, Robert
Fane, Francis
Fane, hon. John
Farrington, Thomas
Finch, lord Daniel
Finch, hon. Henry
Finch, hon. William
Fitzwilliams, visc.
Forbes, Duncan
Fortescue, William
Frankland, sir Tho.
Gage, sir Will. K. B.
Gage, visc.
Galway, visc.
Gibson, Thomas
Glanville, William
Glenorchy, visc.
Goddard, Jolin
Gould, John
Gould, Nathaniel
Grant, Jaines
Gregory, George
Griffith, John
Grimstone, visc.
Hales, sir Thomas
Hales, Thomas
Hamilton, Alexander
Hamilton, lord Arch.
Handasyde, col. Roger
Harris, John

Harrison, George
Hartington, marq. of

Heathcote, George

Hedges, John

Herbert, Hen. Arthur
Herbert, bon. Robert

Herbert, Richard
Herbert, hon. Tho.
Heron, Patrick
Holland, Rogers
Hope, col. John
Hope, Thomas
Hoste, James

Read, sir Thomas
Rich, sir Robert
Robinson, Thomas
Sabine, lieut.-gen.
Saunders, sir George
Sayer, Dr. Exton
Scot, col. James
Scrope, John
Selwyn, Charles
Selwyn, John

Shannon, lord visc.
Shelly, sir John
Shepard, James
Sloper, William
Smelt, Leonard
St. Clair, hon. col.
St. Quintin, M. Chitty
Strickland, sir Will.
Stuart, William
Talbot, Charles
Thompson, Edward
Thompson, sir Will.
Thornbill, sir James
Tilson, Christopher
Towers, Christopher
Towers, Thomas
Townshend, hon. Hor.
Townshend, hon. Tho.
Townshend, hou. col.

March 20. Mr. Oglethorpe,* from the Committee appointed to enquire into the State of the Gaols of this Kingdom, made a Report of some progress. which the Committee had made in their Enquiry into the State of the Fleet

Prison, with the Resolutions of the Committee thereupon: And he read the Report in his place, and afterwards delivered the same (with two Appendixes) in at the clerk's table; where the Report was read, and is as followeth;

viz.

FIRST REPORT

OF THE

almost all the Gaols in the kingdom, upon pri-
soners, and more particularly in his Majesty's
Prison of the Fleet. Upon this, a Committee,
of which Mr. Oglethorpe was chairman, was
appointed to enquire into the State of the
Gaols all over the kingdom; and on the 27th
of Feb. repaired to the Fleet Prison, that they
might examine the prisoners in their own per-
sons. One Bambridge acted then as warden
of the Fleet, and the Committee found sir Wil-
liam Rich, baronet, by his command, loaded
with heavy irons, which they ordered to be
taken off. But upon their retiring, Bambridge
understanding that sir William had given evi-
dence to the Committee, which was very unfa-
vourable for himself, he ordered him again into
irons, for which the House immediately com- The Committee find, that the Fleet prison is
mitted him to the custody of the serjeant at an ancient prison, and formerly used for the
arms. The farther the Committee proceeded reception of the prisoners committed by the
in their enquiries, the more dismal and shock- Council Table, then called the Court of the
ing was the scene of cruelty, barbarity and ex-Star-chamber, which exercised unlimited au-
tortion, which they disclosed. Upon this,
March the 28th, the House came to an unanim- Johnson had a great regard for him, for he was
ous resolution, That Thomas Bambridge, the one of the first persons that highly, in all com-
then warden, John Huggins, the late warden, panies, praised his "London." His first Cam-
'who had acted in the same cruel, oppressive paign was made under Prince Eugene, against
manner, James Barnes, William Pindar, John the Turks; and this great general always spoke
Everett and Thomas King, who were accom- of Oglethorpe in the highest terms. Neither
plices in the same crimes, be committed close he nor Eugene loved Marlborough. He once
prisoners to Newgate:' and his Majesty at told me, (for I had the pleasure of knowing him
the same time was addressed, to order his At-well,) that Eugene, speaking of Marlborough,
torney General to prosecute them: a Bill was
likewise brought in, to disable Bambridge from
holding the office of Warden; and another, for
better regulating the Prison of the Fleet, and
for more effectual preventing and punishing
arbitrary and illegal practices of the Warden
of the said Prison. A Report of the Proceed-
ings of the Committee, relating to the Fleet
Prison, was likewise ordered to be printed. In
this Report, the clearest proofs were brought,
not only of extortion and oppression, but even
of murders being committed by the Warden
and his gaolers; the particulars of which being
improper for general history, we shall omit."
Tindal.

SELECT COMMITTEE
APPOINTED TO ENQUIRE INTO THE STATE OF

THE GAOLS OF THIS KINGDOM.

STATE OF THE FLEET PRISON.

The Committee having, in pursuance of the Order of this House of the 25th day of Feb., to enquire into the State of the Gaols of this Kingdom, adjourned to the Fleet, and at several times examined into the State of that Prison, have made some progress therein, which they have thought fit to lay before the House.

"One driv'n by strong benevolence of soul, "Shall fly, like Oglethorpe, from pole to pole." Pope.

"Here are lines that will justly confer immortality on a man who well deserved so magnificent an eulogium. He was at once a great hero and a great legislator. The vigour of his mind and body have seldom been equalled. The vivacity of his genius continued to a great old age. The variety of his adventures, and the very different scenes in which he had been engaged, makes one regret that his Life never was written. Dr. Johnson once offered to do it, if the General would furnish the materials.

said, 'There is a great difference in making war en maitre, or en avocat.' But bis settlement of the Colony in Georgia, gave a greater lustre to his character than even his military exploits." Warton.

"One of the warmest patrons of Dr. Johnson's "London," on its first appearance, was General Oglethorpe, whose strong benevo'lence of soul,' was unabated during the course of a very long life; though it is painful to think, that he had but too much reason to become cold and callous, and discontented with the world, from the neglect which he experienced of his public and private worth, by those in whose power it was to gratify so gallant a veteran with marks of distinction. This extraordinary person was as remarkable for his learning and taste, as for his other eminent qualities; and no man was more prompt, active and generous, in encouraging merit. I have heard Johnson gratefully acknowledge, in his presence, the kind and effectual support, which he gave to his "London," though unac quainted with its author. Dr. Johnson urged General Oglethorpe to give the world his Life. He said, I know no man whose Life would <be more interesting. If I were furnished with materials, I should be very glad to write it.' Boswell's Life of Dr. Johnson.

thority and inflicted heavier punishments, than I den, to sir Jeremy Whichcot and his heirs, for by any law were warranted. ever; and the said sir Jeremy rebuilt the said prison at his own expence, as a consideration for the grant thereof; but the said prison, and the custody of the prisoners, being a freehold, and falling by descent or purchase, into the hands of persons incapable of executing the office of Warden, was the occasion of great abuses, and frequent complaints to parliament, till at length the patent was set aside.

And as that assumed authority was found to be an intolerable burden to the subject, and the means to introduce an arbitrary power and government, all jurisdiction, power and authority belonging unto or exercised in the same court, or by any the judges, officers, or ministers thereof, were clearly and absolutely dissolved, taken away, and determined, by an Act made in the 16th year of the reign of king Charles the first.

And thereby, the Committee apprehend, all pretences of the Warden of the Fleet to take fees from archbishops, bishops, temporal peers, baronets and others of lower degree, or to put them in irons, or exact fees for not doing so, were determined and abolished.

That after the said Act took place, the Fleet prison became a prison for debtors, and for contempts of the courts of Chancery, Exchequer and Common Pleas only, and fell under the same regulations as other gaols of this king dom.

That by an Act of the 22nd and 23rd of king Charles 2nd, the future government of all prisons was vested in the lords chief justices, the chief baron, or any two of them for the time being, and the justices of the peace in London, Middlesex and Surrey, and the judges for the several circuits, and the justices of the peace for the time being in their several precincts; and pursuant thereunto, several Orders and Regulations have been made (the last of which is hereunto annexed in the Appendix, marked letter A) which the present Warden of the Fleet hath not regarded or complied with; but bath exercised an unwarrantable and arbitrary power, not only in extorting exorbitant fees, but in oppressing prisoners for debt, by loading them with irons, worse than if the Star-chamber was still subsisting, and contrary to the Great Charter, the foundation of the liberty of the subject, and in defiance and contempt thereof, as well as of other good laws of this kingdom.

And a patent for life was granted to Baldwyn Leighton, esquire, in consideration of his great pains and Expences in suing the former patentees to a forfeiture: and, he soon dying, John Huggins, esquire, by giving 5,000l. to the late Lord Clarendon, did, by his interest, obtain a grant of the said office for his own son's life.

That, during the time the said Huggins possessed the said office of warden of the fleet, Thomas Periom, a prisoner in that prison, charged with 40,000l. debt (the greatest part thereof to the crown) escaped, having the liberty of the rules by permission of the said Huggins, for which escape Huggins pretends, he bath obtained a Quietus; and since that time, Joseph Vains, charged with 10,000l. debt to the crown, having like liberty of the rules, also es-caped.

"

That Thomas Dumay made several voyages to France, whilst a prisoner in the Fleet, and in custody of the said Huggins, and there bought wines, some of which were delivered to the said Huggins; and Dumay drew several bills, whilst in France, to the value of 3207. on Richard Bishop, one of the tipstaffs of the said prison, who paid 300l. and the said Huggins paid the rest: Thus by the punctual payment of the said bills, Dumay acquired a credit in France, and drew for a further sum, and then returned to England; and, when the bills came for payment, the said Richard Bishop refused to accept them; and the merchants upon Dumay's return, endeavouring to get the money of him, who was the drawer of the bills, found him a prisoner in the rules, and had no remedy.

The said John, Huggins owned to the committee, that so many prisoners had escaped, dur ing the time he was warden, that it was impossible to enumerate them, he having kept no list of the persons so escaped.

He also owned to the Committee, that in his time Oliver Reed made his escape, when there was a great funeral, and, whilst the doors were open, he went off that afterwards, being retaken, he, the said Huggins, sent him to a spunging-house, kept by Richard Corbett, one of the tipstaffs belonging to the said prison; where he was locked up, ironed and stapled down, by his order, though not condemned by auy Court of Justice.

It appears by a patent of the 3rd year of queen Elizabeth, recited in letters patent, bearing date the 19th of king Charles 2nd, that the Fleet prison was an ancient prison, called, Prisona de le Fleet, alias, the queen's gaol of the Fleet; and that certain Constitutions were then established by agreement between Richard Tyrrell, warden, and the prisoners of the Fleet, and a Table of Fees annexed, in which the fees to be paid by an archbishop, duke, marquis, earl, or other lord spiritual or temporal, are particularly mentioned, and the fine ascertained, which they are to pay for the liberty of the house and irons; and that these constitutions and orders were confirmed by the said letters patent of king Charles 2nd; which let- That it appeared to the Committee, that in ters patent grant the office of Warden of the the year 1 1725, one Mr. Arne, an upholder, was Fleet, and of the keeper of the old palace at carried into a stable, which stood, where the Westminster, the shops in Westminster-hall, strong room on the master's side now is, and certain tenements adjoining to the Fleet, and was there confined (being a place of cold resother rents and profits belonging to the War-traint) till he died; and that he was in good

state of health, before he was confined to that

room.

and halberts were kept in that part of the prison, which is called the lodge.

That several men called Watchmen, and un

That the said John Huggins growing in years, and willing to retire from business, and his sonder the pay of Mr. Bambridge, belong to the not caring to take upon him so troublesome an prison, one of which Bambridge ordered to fire office, he hath for several years been engaged upon Captain Mackpheadris, upon the dispute in continual negotiations about the dispo- which happened between them; but the watchsal of the said office: and in August last con- man fearing the consequence, refused to obey cluded a final treaty with Thomas Bambridge him. and Dougal Cuthbert, esquires, and for 5,000l. to be paid unto him, obliged himself to surrender the said patent for his and his son's life, and procure a new patent for the said Bambridge and Cuthbert; which the said Huggins did ac-repair by the warden. cordingly obtain: and Cuthbert paid in money or gave good security fo pay, 2,500l. for one moiety of the said office of warden, and Bambridge gave land, and other security, which the said Huggins was then content with, for 2,500l. being for the other moiety of the said office.

That, upon inspection and examination on the common side of the prison, in the three wards, called the upper chapel, the lower chapel, and Julius Cæsar's, ninety-three persons were confined, who are obliged to lie on the floor, if they cannot furnish themselves with bedding, or pay 1s. per week to such prisoner, as is so provided.

That the Lyons Den, and Womens Ward, which contain about eighteen persons, are very noisome, and in very ill repair.

That there are several rooms in the chapel stairs, for each of which 57. a year is now paid, but did formerly belong to the common side, and for which nothing was paid, until charged by Mrr Huggins at 37. a year each; and on this floor there are several persons, who are uncertain, what chamber rent they shall be obliged to pay, and are at the mercy of the warden.

That in some rooms persons, who are sick of different distempers, are obliged to lie together, or on the floor: one, in particular, had the small pox, and two women were ordered to lie with her; and they pay 2s. 10d. per week each for such lodging.

That in all the rooms (except very few) the furniture is provided by the prisoners, and those, which are furnished by the warden, are extremely bad.

That there was a regulation by the Judges in Trinity Term, 1727, by which the warden ought to furnish all the rooms, and in such case the prisoners to pay 2s. 6d. per week for each room, so furnished; but now there are several rooms, in each of which there are two, three, and four, beds, and in each bed two, and some times three, persons, who pay 2s. 10d. each per week for such lodging.

That the walls, which secure the prison, are 25 foot high, with pallisadoes on the top, and in good repair; and no seeming possibility for any prisoner to escape.

That at the end of the place called the Bare, a watchhouse was built about a year since, wherein are kept several muskets and bayonets, as are likewise several others in a room fronting Fleet Ditch; whereas formerly only pikes

That the windows of the prison are in very. bad repair, to the great prejudice of the health of the prisoners, though by a late order of the judges, they ought to have been kept in good

That there are three houses adjoining, and belonging to, the prison, which are kept as spunging-houses by tenants to Mr. Bambridge, as warden; in one of which, kept by Corbett, 26 prisoners are confined.

That many or these prisoners pay 2s. a day for the use of a room in this house, and for firing 1s. and the other prisoners 1s. a night for a bed; but, notwithstanding such payments, they are obliged to lie two or more in the same bed: the sums, paid by these twenty-six prisoners (two at 2s. per day, and twenty-four at 1s. for the use of the lodgings only, being in the whole 11. 8s.) amount yearly to 511. besides the money paid for firing, at 1s. a day, by such, as have any, and 1s. a day for their board.

Some of these prisoners, not being able to pay the 1s. a day for eating, procured necessaries to dress their own meat; but Corbett, the tipstaff, would not suffer them so to do, and they are under the necessity of being supplied by their friends or starve.

That lieutenant Jenkin Leyson (now a prisoner with Corbett) paid the following fees, upon his being taken into custody, for one action; viz.

£. s. d.

1

8

0

0

2

8.

To the Warden of the Fleet
To Corbett, the Tipstaff
To do. for being taken into Custody 1 10
To the Turnkeys

Total

0 0 26

5 16 4

It also appeared, upon the examination of several other prisoners, that they paid the like fees for every single caption; and,

That every prisoner, removed by Habeas Corpus from one place to another, pays to the tipstaff 4s. 2d. every one brought out of the country by Habeas Corpus, and committed in court for want of bail, pays 13s. 4d. and every prisoner, carried to Westminster Hall by Habeas Corpus, in order to be charged in execution, pays 10s.

That every prisoner pays, at his entrance into the house of the tipstaff, 6s. towards a howl of punch.

That Thomas Hogg, who had been a prisoner in the Fleet prison, and was then discharged by order of court, about eight months after such