EXAMINATION of Samuel Woodham, Esq. 7th April, 1730.-At the Committee, appointed to enquire into the State of the Gaols of this Kingdom. [I.] Samuel Woodham, esq. one of his Majesty's justices of the peace for the county of Surry, being examined the 7th day of April, 1730 in the most solemn manner, saith, that he, this examinant, having in the month of December, 1728, committed, for want of sureties, to the county gaol of Surry, Humphry Heybord and Joseph Allen, for violent assaults commited by them; and Richard Mallens, Marshal of the court of King's-bench, having threatened to move the said court against this examinant for so doing, he, the said Mullens, alleging, that the said Heybord and Allen were then prisoners in the custody of him, the said Mullens; this examinant, together with sir John Gonson, did, about three weeks before the then next term, wait upon the Lord Chief Justice of the said court, and acquaint him therewith: to which his lordship answered, that what this examinant had done, was very right; and that this examinant should proceed in the same manner against all offenders in the like cases; and that he would support or protect this examinant therein, or to that effect. And this examinant further said, that the said Mullens, as he had before threatened, did accordingly, in Hilary term, 1728, move the court of King's bench, that an attachment might be awarded against this examinant, for this examinant's having committed the said Heybord and Allen to the said county gaol, as aforesaid, although such county gaol is within the rules of the King's-bench prison; and thereupon a rule having been granted by the said court, for this examinant to shew cause, why such attachment should not be awarded against him, he, this examinant, did attend with his counsel eight days, or thereabouts, in order to shew cause against such attachment, and to represent to the said court (as he had before done to the said Lord Chief Justice) the reasons, why this examinant had committed the said Hey bord and Allen to the said county gaol, which reasons are contained in an affidavit, made by this examinant in the said court. And this examinant saith, that, before this examinant's counsel could be beard, the said court declared, that this examinant, in committing the said Heybord and Allen (being prisoners in the custody of the said Marshal) to the said county gaol, upon any pretence whatsoever, and notwithstanding that such county gaol was within the rules of the prison of the King's-bench, was guilty of a rescue, or to that effect; and the counsel for the said Mullens then moving, that he, the said Mullens, might be at liberty to sue this examinant for the rescues, or escapes, of the said Heybord and Allen, this examinant was asked by the said court, whether he, this examinant, was willing to pay unto the said Mullens his costs; to which this examinant (by the advice of his counsel, and to avoid further prosecutions) answered, that he was willing to pay the same. And this examinant saith, that thereupon a bill of costs was delivered, by the attorney for the said Mullens, to this examinant, amounting to 31. and upwards; in which was included one article of 81. and upwards, for ex pences, which the said Mullens alleged he had been at, in removing into the crown office several indictments, which had been preferred against the said Allen and Heybord, for misdemeanors, they had been guilty of, no ways relating to those, for which they had been committed by this examinant, as afore said: and the said bill of costs being referred to Mr. Clark, master of the King's bench office. for a taxation; and a dispute arising, touching the said article of 87. and upwards, so charged, for removing the said indictments, as aforesaid; this examinant did attend the said Lord Chief Justice, for his opinion, whether this examinant ought to pay the same; and his lordship then declared to this examinant, he apprehended, the said court did not mean, or intend, that this examinant should pay those costs; or to that effect: which declaration of his lordship's this examinant did communicate to Mr. Marriot, his, this examinant's attorney; who thereupon insisted before the said Mr. Clark, that the said article should be disallowed; but the said Mr. Clark, not being satisfied therewith, did attend the said Lord Chief Justice alone, for his directions therein; and the said Mr. Clark, at his return from the said Lord Chief Justice, did declare, that his lordship directed, that this examinant should pay all costs, as well the said 87. and upwards, as other the costs, contained in the said Bill: and this examinant hath been obliged to pay the same accordingly. EXAMINATION of Sir John Gonson in the most solemn manner.-At the Committee, appointed to enquire into the State of the Gaols of this Kingdom. Sir John Gonson, knight, being examined the 9th day of April, 1730, in the most solemn manner, saith, that about 16 or 18 months since, Samuel Woodham, esq., one of his Majesty's justices of the peace for the county of Surry, desired this examinant to accompany bim to the Lord Chief Justice of the King's Bench, to inform him, that he, the said Mr. Woodham, had been threatened with trouble, for having executed his office, in committing persons, who were prisoners within the rules of the King's Bench (on account of misdemeanors by them committed) to the county Gaol of Surry, which county Gaol this examiwant believes to be within the rules of the King's Bench Prison: That they found the said Chief Justice at his chair bers in Serjeants Inn; and that there passed a long conversation between the said Lord Chief Justice, Mr. Woodham, and this examinant, all the particulars whereof this examinant cannot take upon him to remember; but, upon the whole, the said Lord Chief Justice received them with great civility, and did not then seem to blame the said Mr. Woodham; but this examinant very well remembers, that the said Lord Chief Justice then said, that he would support the said Mr. Woodham, and the gentlemen in the commission of the peace, as far as he could by law; or used words to that effect. J. GONSON. EXAMINATION of Mr. Joseph Mason. [K.] Mr. Joseph Mason, clerk to the Lord Chief Justice of the Court of King's Bench, being examined the 16th day of March, 1729, saith, that he, this examinant, hath always received the exhibition money, belonging to the King's Bench, and also the said Lord Chief Justice's share of the high bar money, which high bar money has been given away by the said Lord Chief Justice to charitable uses. And this examinant further saith, he believes, that the high bar money doth belong to the said Lord Chief Justice, and that he hath a right to dispose of the same, as he thinks fit. EXAMINATION of Thomas Backhouse, Steward to the Common Side, &c.-At the Committee, appointed to enquire into the State of the Gaols in this Kingdom, [L.] Thomas Backhouse, being examined the 7th day of April, 1730, in the most s0lemn manner, saith, that last Michaelmas term the Lord Chief Justice of the court of King's Bench gave furniture for the sick wards of the King's Bench Prison; upon which the Marshal of the said prison told this examinant, that the wards were not in a fit condition to receive the fur the said Lord Chief Justice, in order to receive country "Because, we think, that so large a number for this year, by this bill, is not necessary for as is proposed to be kept up in this kingdom our safety, as far as we can judge from the preniture, and that they ought to be repaired; ing army in time of peace must be always bursent conjuncture of affairs: and that a standwhich this examinant understood to be at the thensome to the people and dangerous to their expence of the prisoners: And accordingly liberties, for reasons often given by several this examinant ordered the said sick wards, or Lords, and remaining upon the Journals of this rooms, to be repaired; and called the prisoners House, to which we choose to refer, rather together, and told them, that the Marshal said, than repeat them, in order to prove a propo it was fitting, the sick rooms should be repair-sition that we think almost manifest in itself, or ed, before the Lord Chief Justice's furniture should be put up; and asked them, whether undeniably convincing, and so obvious, in our at least may easily be maintained by arguments they were consenting, it should he done; and William Watson, and Thomas Maund, and opinion, that they must occur, upon the least, others, said, they were consenting; and this reflection, to every Englishman who loves his and his freedom. (Signed) Montexaminant doth not remember, that any 'person joy, Strafford, Abingdon, Beaufort." refused to be consenting: And that this examinant ordered workmen to repair the said Debate in the Lords on a Motion, that the rooms; and, when the workmen demanded Maintenance of 12,000 Hessian Troops was money of him, he went to the Marshal, and de- burthensom and unnecessary.] April 17. The sired him to send this examinant some monies: order of the day, for taking into consideration To which the Marshal told him, he might get the State of the Nation, being read, it was the common seal: And this examinant ac- moved to resolve, That the maintaining of cordingly applied to the prisoners, to sign a 12.000 Hessians in the pay of Great Britain, for common seal; and some of them refused to sign the same, particularly William Lucas (who afterwards, upon persuasion, did sign) and Willian Moore, who then refused, and hath not yet consented, to sign the said common seal: Notwithstanding which, this examinant did obtain a common seal, which the said Marshal signed; and this examinant did present the said seal to Joseph Mason, gentleman, clerk to the year 1730, is burthensome and unnecessary. In support of this motion the earls of Abing don and Strafford urged, That there being a Treaty of Peace concluded with Spain, and an accommodation with Prussia, we had nothing to fear from the emperor, therefore there could be no necessity, for continuing these troops in our pay. Those against the question alledged, 1 the maintenance of these troops is at least sixpence in the pound on every landed man's estate in England; and when we avowedly pay, at the same time, greater subsidies to other foreign princes than our present circumstances, in our opinion, can well bear, or than any wise reasons of state seem to require. That the keeping up the 12,000 Hessians for | tion; when the sum which is to be allowed for this year, was to fulfil the engagements to our allies, whom we cannot in honour, expose to the fury of the emperor, and discharge, in the present conjuncture, a body of troops which is most capable of harrassing him: that England, France, and Holland are, in case of an attack on their dominions, to assist each other, and furnish their respective quotas; and, in consequence of these engagements, the French have augmented their troops above 30,000 men, and the Dutch 24,000, and have likewise foreign troops in their pay; and that the expence of 12,000 English would be much greater than that of 12,000 Hessians, and that this expence for one year may prevent a war. 1. "Because we think the maintaining foreign troops in our pay, where we have no territory, and not only when we have no war, but immediately after a peace concluded with one of the most considerable powers in Europe, whilst we are in alliance with Holland, and are in strict friendship with France, the most considerable power of all, is a policy, that before this instance of it cannot be paralleled, as far as we can recollect, in all our annals, and must be owing to the advice of ministers less cautious and less concerned for the true interest of this kingdom than their duty obliged them to be: and we cannot, out of the regard we owe to our posterity, consent to it. 2. "Because the importance of the service, in which they are designed to be employed, does no way appear to us, and we fear it may create an apprehension that they may be intended for purposes that do not concern Great Britain; which is a jealousy (however illfounded) that we are persuaded from his Majesty's goodness he will always be inclined to prevent for his people's sake; and his counsellers, we think, ought, if possible, to prevent, for their own. 4. "Because it does not appear to us, that his Majesty either in any speech or by any message, has demanded any supply for what seems to us so extraordinary a charge: and he seems not to think them necessary for our safety at home, since he has lately disbanded some of our own; and we cannot find we are under any direct stipulation to maintain them for the safety of our allies abroad, who, notwithstanding the various engagements and multiplicity of treaties, with which we have, within the compass of a few years, most incautiously (as we fear) entangled ourselves, have no right to require succours from us, till by some molestation or hostile attack the public tranquillity is disturbed; which misfortune may still (as we hope) be prevented, if such measures are taken as it becomes able and upright statesmen always to pursue; if the reputation of our wisdom and power is alone sufficient (as it ought to be) to procure us equal and useful alliances (and it always will be, when the affairs of the kingdom are administered as they ought to be) and if to save our friends from dangers that perhaps are only imaginary, we do not run into real ones ourselves. (Signed,) Berkshire, Scarsdale, Strafford, Coventry, Huntingdon, Northampton, Montjoy, Craven, Plymouth, Maynard, Boyle, Oxford and Mortimer, Abing don, Aylesford, Willoughby de Broke, Litchfield, Gower." The King's Speech at the Close of the Session.] May 15. The King came to the House of Lords, and the Commons attending his Majesty made the following Speech to both Houses: "My Lords and Gentlemen, "The season of the year, and the dispatch you have have given to the public business, make it proper for me to put an end to this Session; and I make no doubt, but the conduct and behaviour of this parliament, as it has answered my expectations, will be equally satisfactory to all my good and faithful subjects. 3. " Because, we think, it would be an unreasonable burthen upon the people at any time, but we look upon it to be particularly so at this, whilst we are still heavily loaded with an immense national debt, severe annual taxes, oppressive and perpetual excises, and have had of late the additional misfortune of an unusual and excessive dearness of almost all necessaries for living; whilst our commerce, we cannot but fear, has been declining for some years, and many valuable branches of it running into other channels, from whence we have but little expectation of ever deriving them again into our own: when the dubious and unhappy situation of affairs, under which we have labour-powerful alliance. ed of late, has reduced many substantial mer-. chapts to poverty, and has been productive of other ill consequences that, we apprehend, will be sensibly felt for some time by the whole na "The support you have given me, in enabling me so effectually to make good my engagements with my Allies, will, I persuade myself, have the desired effect; and when it shall be seen, that the allies of the Treaty of Seville are not only determined, but in a readiness, to execute their mutual engagements, it is very much to he hoped, that a general pacification will be the happy consequence of this just and "Gentlemen of the House of Commons, "I give you my thanks in particular for the Supplies you have raised for the service of the current year. It is a great sa tisfaction to me, that you have had such a duel regard for the ease of your fellow-subjects, whose welfare and prosperity it shall always be my principal care and study to advance and promote. "My Lords and Gentlemen, "I am very glad, that, for the general satisfaction you entered into a particular consideration of the State of the Nation; and it is a great happiness to see, after so many unjust and unreasonable clamours raised with all possible art, industry and malice, that upon mature deliberation and the most solemn debates, you were so far from finding any thing worthy of blame or censure, that all matters which came under your consideration, met with approbation. your "This must give all mankind a just detestation of those incendiaries, who, from a spirit of envy and discontent, continually labour, by scandalous libels, to alienate the affections of my people, and to fill their minds with groundless jealousies and unjust complaints, in dishonour of me and my government, and defiance of the sense of both Houses of Parliament. "But I must rely upon your prudence, and your concern for the peace and happiness of your country, to discountenance all such seditious practices, and to make my people sensible, that these wicked proceedings can have no other view or end, but to create confusion and distraction aniong us."t "The scandalous libels' mentioned in the King's Speech were supposed chiefly to allude to the periodical papers entitled "The Craftsman," supported by the ablest political writers of the age, Lord Bolingbroke and Mr. Pulteney being themselves of the number, and in which the measures of the administration were attacked with equal animosity, wit, and argument. So transient, however, is the fame attached to controversial politics, that this publication, so admired and celebrated in its day, is already consigned to obscurity and almost to oblivion." Belsham. +"The power of the minister and his family, was so far from being diminished, by the outcry raised against his administration, that his friends every day succeeded to the great honours and places that were vacant in England. His brother Horatio Walpole, was made cofferer of the household, in the room of the late earl of Clinton; Mr. Pelham was appointed paymaster of the forces, in the room of Spencer Compton, now lord Wilmington, who was made keeper of the Privy-Seal, in the room of lord Trevor preferred to be lord president of the council. Lord Hervey was appointed vice chamberlain of the household, and sworn into the Privy Council. Sir Conyers D'arcy was made comptroller of the Household, in the room of the earl of Winchelsea, who resigned. The duke of Dorset succeeded lord Carteret, as lord-lieutenant of Ireland. The famous lord Torrington was at the head of the admiralty, Then the Lord Chancellor, by his Majesty's command, prorogued the Parliament to the 14th of July. It was afterwards farther prorogued to the 21st of January 1731. FOURTH SESSION OF THE SEVENTH PARLIAMENT OF GREAT BRITAIN. The King's Speech on Opening the Session.] January 21, 1731. The King came to the House of Peers, and the Commons attending, his Majesty made the following Speech: and the earl of Westmorland was first commissioner of trade and plantations, and the earl of Chesterfield was made Lord Steward of his Majesty's Household. All the offices of less importance, either in the court or the govern ment, or army, went in the same channel. Such a flow of favours heaped on one man, could not but disgust some old servants of the crown, who thought their merits were overlooked, or at least, eclipsed amongst these was Charles, lord Townshend, a nobleman of great zeal and activity for the Protestant succession. He was a favourite with the late King, and esteemed one of the of the whig-party. His acknowledged merit rendered his resigning the seals, which he did in the month of May this year, very disagreeable to many of his Majesty's friends; and though no open breach had been declared between him and the minister, yet it was thought by the public, he was laid under a kind of necessity to take that step. With the seals he also resigned the lord-lieutenancy of the county of Norfolk, which was given to his son, as was also the place of master of the jewel office. His lordship, during the late and the present reign, was considered as the chief conductor of foreign affairs, and the minister's enemies considered his resignation as being a prelude to a total alteration in the ministry. But they were deceived, for he was succeeded in the seals, by William Stanhope, lord Harrington, whose experience in foreign affairs, rendered the resignation of lord Townshend the less alarming ei ther to the public or the minister." Tindal. "The same day on which the House was prorogued, Townshend resigned. Lord Harrington was appointed Secretary of State, Henry Pelham Secretary at War, and the Privy Seal was given to the earl of Wilmington, on whose assistance opposition had relied with the most perfect security. In a few months after, he was created lord president of the council, which high office he held till the removal of sir Robert Walpole. The charge of foreign affairs now ostensibly devolved on the duke of Newcastle and lord Harrington, whose characters form a remarkable contrast, though they acted together with the utmost cordiality." Coxe's Walpole, "My Lords and Gentlemen; "You cannot but be sensible, that the measures formerly taken, and the conclusion of the Treaty of Seville, have prevented and disappointed the dangerous consequences that were so justly apprehended from the Treaty of Vienna; and we do not only see that union dissolved, which had alarmed all Europe, but the allies of the Treaty of Hanover strengthened by the additional power of the crown of Spain. "This situation of affairs gave us a reasonable prospect of a general pacification, and just hopes of seeing the conditions of the Treaty of Seville complied with, without the necessity of coming to extremities; and no endeavours have been wanting, conformable to my engagements with my allies, to obtain that bappy end. But this desirable event having been hitherto delayed, the Treaty of Seville lays an indispensible obligation upon all the contracting parties to prepare for the execution of it; and we must be in readiness to perform our part, and, by continuing to pursue the proper measures, convince our all es, that we will faithfully fulfil our engagements, and, as far as shall depend upon us, procure the satisfaction due to them, either by such means as shall be most eligible, or by such as shall be found absolutely necessary. "The present critical conjuncture seems in a very particular manner to deserve your attention; and you need not be told, with what impatience the resolutions of this parliament are every where waited for and expected. war "I am incapable of attempting to influence your proceedings by groundless fears and apprehensions, and as incapable of amusing you with vain hopes and expectations; but as the transactions, now depending in the several courts of Europe, are upon the point of being determined, the great event of peace or may be very much affected by your first resolutions. The continuance of that zeal and vigour, which you have hitherto shewn, in support of me and my engagements, must, at this time, be of the greatest weight and importance, both with regard to my allies who cannot think their interest and the common cause neglected, before the conditions of their treaties are accomplished; and with regard to those, who may be disposed, before the season of action is come, to prevent, by an accommodation, the fatal consequences of a general rupture, which they will have little reason to apprehend, if they find the allies of Seville not prepared to do themselves justice. "The plan of operations for the execution of the Treaty of Seville hy force, in case we shall be driven to that necessity, is now under consideration; and until the proportions of the confederate forces, and the proper dispositions for employing them, shall be finally adjusted and agreed upon, it will not be easy to determine how far the expences, necessary for the service of the ensuing year, mav, or may not, exceed the provisions made for the service of the last year. "In the mean time, I am persuaded, you will go on to give all possible dispatch to the public business; and if it shall be necessary, I shall not fail to ask the farther advice and assistance of my parliament, according to the circumstances of public affairs, and as soon as any proper occasion shall require it. Gentlemen of the House of Commons; "I will order the proper Estimates to be prepared and laid before you; and I can make no doubt, but that dutiful regard which you have always shewn to me and my honour, and your just concern for the true interest of your country, will induce you to grant me the neces sary Supplies, and enable me to make good my engagements with my allies, with that chearfulness and affection, which becomes 8 British House of Commons, tender and jealous of the honour of the crown, careful and solicitous for the glory and prosperity of the kingdom. "My Lords and Gentlemen; "The time draws near, which will admit of no farther delays. If the tranquillity of Europe can be settled without the effusion of blood, or the expence of public treasure, that situation will certainly be most happy and desirable: But if that blessing cannot be obtained, honour, justice, and the sacred faith due to solemn treaties, will call upon us to exert ourselves, in procuring by force what cannot be had upon just and reasonable terms." Debate in the Lords on the Address of Thanks] The King being withdrawn, The Duke of Devonshire moved for an Address of Thanks, and to assure his Majesty, that they would enable him to make good his engagements: hereupon The Lord Carteret moved for a Clause to be added to the Address, viz. Humbly to beseech his Majesty, not to enter into any measures for carrying on a war against the emperor on the Rhine, or in Flanders. His lordship was seconded by the earls of Winchelsea and Strafford. To this it was answered by the dukes of New castle and Argyle, That though they knew no intention of a war on the Rhine or the Nether lands, yet the telling the emperor where he must be attacked, and where not, was, in mi litary affairs, the greatest absurdity, and would rather hinder than forward an acommodation: and that when the emperor came to bear of the zealous resolutions of the parliament, for enabling his Majesty to make good his engage nents with his Allies for putting in execution the Treaty of Seville, his Imperial Majesty would be thereby induced to comply with the conditions thereof. Then the question being put upon the lord Carteret's motion, it passed in the negative by 84 against 23. The Lords Address of Thanks.] After this the Address, as first moved by the duke of Devonshire, was agreed to: and the next day presented to his Majesty as follows: |