1751. Summary of the laft Seffion of Parliament. 10th the house went thro' the bill in the committee, and read the bill a third time and paffed it on the 13th; when it was fent to the commons, where it was that day read a first time, and ordered to be read a fecond time the next morning, having the fame title as above, only the name Frederick inferted before prince of Wales. A Tuesday the 14th, the bill was according to order read a fecond time, and ordered to be committed on the Thursday following, when Mr. Chancellor of the Exchequer being in the chair, a long debate enfued, whether any council of regency fhould be appointed or no, in which debate the principal fpeakers for appoint. Mr. C. B ing a council of regency were, Yorke, Mr. Attorney-general, Mr. Solicitor-general, Mr. Harding, Mr. Martin, Mr. W. Pitt, Mr. Secretary at war, and Mr. Nugent; and the principal speakers against it were Mr. Prowfe, Sir Roger Newdigate, Mr. Fazakerly, Mr. Speaker, the lord Strange, Sir John Barnard, Mr. T. Pitt, Sir John Hynd Cotton, the lord Cobham, and general Oglethorpe. But upon the question's being put, it was carried in the affirmative, and next day the bill was gone thro' with fome few amendments, and ordered to be reported on the Monday following, when Mr. Beckford fpoke against agreeing to the appointment of a council of regency, and for recommitting the bill; and was anfwered by Mr. D Chancellor of the Exchequer, and a short reply made by Mr. T. Pitt; but no questi on being put for recommitting, the amendments were all, with an amendment to one of them, agreed to by the house; and then the bill was read a third time, paffed, and fent to the lords for their concurrence with the amendments; which their lordships did accordingly concur with; and on the and the bill received the royal affent. 413 ing that the bill might not pafs into a law; and on the 28th there was prefented to the house and read a petition of the feveral merchants, traders, and others refiding in or near the city of London, whose names were thereunto fubfcribed, fetting forth the advantages of a general naturalization, and praying that the bill might pass into a law z and it being ordered that the names of the fubfcribers might be read, Mr. Sydenham moved, that the clerk might read each man's name, as near as he could, as it was pronounced in the language of the country the fubfcriber came from, or belonged to; whereupon it appeared, that many, if not moft of the fubfcribers were foreigners, or of late foreign extraction; after which the bill was read a fecond time, and a motion made for its being committed, on which a long debate enfued, the principal speakers for the commitment being, Mr. Proby, Mr. Harding, Mr. Lyttelton, Mr. Chancellor of the Exchequer, Mr. H. Walpole, fen. Mr. W. Pitt, Mr. Nugent, and Sir William Yonge; and the principal fpeakers against it were, Sir John Barnard, Sir Roger Newdigate, Mr. Secretary at war, the earl of Egmont, Mr. Morton, Mr. J. Lee, and general Oglethorpe ; but upon the question's being put, it was carried in the affirmative by 146 to 81. Next day a petition was prefented against the bill from the borough of Thetford, and March 4th two petitions were prefented in its favour, one from the mayor, burgeffes, and commonalty of the city of Bristol, under their common feal; and another from the master, wardens, affiftants, and commonalty of the fociety of merchants adventurers, within the city of Briftol; and on the 8th the house resolved itself into a comEmittee on the said bill, and after several debates went thro' the fame, and made feveral amendments, which they ordered to be reported on the Wednesday following, when there was prefented to the house and read a petition of the merchants, principal inhabitants, tradefmen, manufacturers, and artificers of the city of Bristol, whose names were thereunto fubfcribed, fetting forth, that there were not more than 40 individual perfons confenting to both the faid petitions from that city in favour of the bill; and that the petitioners, who were some of the most confiderable merchants, tradefmen, and artificers within the faid city, were no ways confulted thereon, or privy thereto; and that they conceived, that Ghould the bill pafs into a law, it would be prejudicial to the trade and commerce of this kingdom, by preventing its being in the power of many induftrious artificers to procure a fufficient fupport for themselves and families, and of confequence increafing As to the bills brought in laft feffion, which had not the good fortune to be paffed into laws, the first we shall take notice of, was that unfortunate bill called the naturalization bill, which was moved for, Feb. <, by Mr. Nugent, and his motion feconded by Mr. Proby and Mr. alderman F Baker, and after fome debate, the question being put, it was carried in the affirma tive by 152 to 69, whereupon they were ordered to prepare and bring it in; and it was on the 14th prefented by Mr. Nugent, then read a first time, and ordered to be read a fecond time. On the 20th there was prefented to the house and read, a petition of the lord mayor, aldermen, and commons of the city of London, in common council affembled, fetting forth the danger and the inutility of a general natu. ralization of foreign protestants, and pray. the 414 Hiftorical Account of COMMERCE. the poors rates; that the introduction of fuch a number of foreigners, instead of be. ing a fupport to the prefent happy establishment, might endanger the fubversion of our constitution, and that, instead of increating our manufactures, it would in the end tend greatly to their diminution, as miny foreigners would come and refide a- A mong us for a time, in order only to inform themselves in the nature of the feveral methods and managements of our manufacturers and artificers, and after having made themselves mafters thereof, return again into their native countries, and there carry on, or affift in carrying on, manufactures of the like kind; therefore they prayed that the bill might not pass into a law. B However, tho' the bill was upon the report warmly opposed, and several divitions happened, yet the question was always carried in favour of the bill by a great majority; and on the 15th it was ordered to be ingroffed, and to be read a third time on the Wednesday morning following, being the 20th; but the unfortunate death of the prince of Wales happening that very day, the 3d reading of the bill was put off till the 22d; and from thence to April the 36th; and in the mean time petitions hav ing been prefented against it from Rochefter, Southampton, Oxford, Salisbury, Reading, and Gloucester, our ministers probably did not think fit to insist upon. having fuch an unpopular bill paffed into a law, at fuch a critical conjuncture; there fore on that day, when the order of the day was read, and a motion made for read. ing the bill the 3d time, the question was carried in the negative; on which it was ordered, that the bill fhould be read a third time on that day two months; and tho' the feffion continued till after that day, E the bill was no more heard of. [To be continued in our next.] From the Westminster Journal, Sept. 14. Mr. Touchit baving in tava former Papers expatiated on the Inbumanity of plundering Shipwrecks, and the Detriment our Trade and Navigation must suffer from that bar F barous and favage Practice, proceeds, in this, to give a foort biflorical Account of Commerce, as follows. Sept. in trade, and even courted by the contenders for the empire; tho' they themselves were of no capacity, by reafon of their inteftine divifions, and the little native power which they respectively poffeffed, to invade the general liberty. In the 12th century, another trading people began to appear in the world, by the name of the O Eafterlings: These were the inhabitants of feveral little maritime towns in Germany, who, to defend themfelves against the frequent piracies, with which the northern feas were then infested, alfociated themselves together; and, in that fituation, became fo confiderable, that they continued to the latter end of the 15th century, the fole arbiters of peace and war in the north, and were, indeed, greatly confidered by all the princes and flates in Europe; tho' their remote fituation, and divided interefts, rendered them but little formidable to the liberty of the world. But, about the latter end of the 15th century, the trade of the world fuffered a greater revolution than it ever had done be- * fore; and that part of it, which was added to the power of Spain, made all Europe tremble. For, about this time, the Portugueze found out a way to the East-Indies by the Cape of Good Hope, and made Lifbon the staple of all thofe commodities, which the hither world was formerly fupplied with thro' the ports of the Mediterranean. About the fame time, the new world was alfo difcovered by the Spaniards under Ferdinand; when gold and filver, which till then were only to be acquired by long and painful applications to industry, came in fhiploads, from the conquered kingdoms of Peru and Mexico, into Spain. The Dutch had, in their infancy, feveral difficulties to ftruggle with; yet, on the other hand, fo many things confpired to raise their power, that in a short time they furmounted them all. The misfortunes of Portugal, the feverities of the inquifition thro' all the dominions of Spain, the perfecution in France, and the troubles in EngJand, all happening at, or very near the fame time, made Holland an afylum for all the trading and opulent people in Europe: They proceeded intent upon trade only; engaged in no wars on this fide the world, but fuch as were for their prefervation, and even those within their own country: They kept the confumption of their poor free from exorbitant taxes, at a time when their neighbours were under heavy debts; and by this means continued the price of labour at a moderate pitch: But, above all, œconomy and temperance were the ufual recommendations to places of truft and power in the state: This begot an univerfal parfimony in the people, 1751. LETTER to a Member of Parliament. people, and fufpended thofe evils which fometimes grow from exceffive riches, and which fome of their neighbours already began to feel in an increasing luxury and profufion. The trade and navigation of France was abandoned before the middle of the 17th century; for their commerce never flourich- A ed but from the 1660, when Lewis XIV. encouraged and raised it to the meridian glory it afterwards acquired. Notwithstanding former ages gave great monarchs to the crown of France, none equalled this Lewis in provifions for, and a good management of, trade and navigation; as also in armaments by fea and land: By thefe he acquired, and a long time main- B tained, the fovereignty of the sea, defeating the powerful and united fleets of England and Holland in the year 1690; and he fo improved and advanced navigation and commerce, that, by these two powerful aids, he was enabled, without impove rifhing his fubjects, to raise and maintain, for many years, above 300,oco well dif- C ciplined troops, including 80,000 very fine horfe; while at the fame time, he fitted out above 100 capital fhips of war, and 40 gallies: He also furnished above 100 strong garifons with ftores and ammunition; poffelfed feveral fine ports in both feas; and found fupplies for all the extraordinary de 415 broad; and to this circulation of commerce it is, in reality, owing, that the Atrength of Britain is so much greater, its lands fo much more valuable, and its intrinfick wealth fo much increased as they are fince the reign of Q. Elizabeth. The encouragement given to the woollen manufactures of England was the foundati on of its flourishing commerce, which was foon- extended to Archangel in Russia, to all the matitime towns of the Mediterranean, and to the coafts of Africa, Asia, and America. He concludes with observing, that whatever affifts, promotes, and extends the commerce of Britain, is confiftent with its national intereft; and whatever diminishes, or circumfcribes it, is repugnant thereto: From whence may be derived a true notion of the interest of Great-Britain, with refpect to the other European powers; and also an opinion formed when that in. terest is really purfued, and when it is either neglected or abandoned. A LETTER to a Member of Parliament, foewing the Neceffity and Practicability of extending Courts of Confcience, and County Courts, to the Nation in general; and of regulating Proceedings in Law. SIR, London, Aug. 5, 17514 T has been the laudable custom of our mands of long and expensive wars against legislature primarily to confider, and the principal powers of Europe. D impartially to promote the prosperity of the whole community, with as little prejudice as poflible to that of individuals, by extending to the nation in general, those laws, which, by long experience, have been found useful to a part thereof. To a demonstration, which admits not of contradiction, it hath been evident, that the court of conscience, established in London, by charter or patent, in the reign of James I. and fince confirmed by fundry acts of parliament, has answered all the ends of its inflitution, by preserving debtors, as well as creditors, from ruin, thro' needlefs expences, and preventing the litigious from devouring the unwary and unthinking. F England has been always remarkable for a commercial country; its trade and manufactures have always been confiderable ;and Le Blanc obferves, that this nation, without being more fertile than the adjacent countries, is inhabited by richer men; that, wanting wood, it covers the fea with its hips; and, tho' it produces few things, E has a flourishing trade with all the world, However, the commercial intereft of England was but faintly underflood till the reign of Q. Elizabeth, who not only establifhed the woollen manufactories on the ruins of thofe of the Netherlands, but also promoted the navigation and commerce of her fubjects; opening a paffage for them into both the Indies, and exciting that spirit, which afterwards induced them to make fettlements in the most distant parts of the globe. This princefs, by a wife and hap py conjunction of the labours of her people, both at home and abroad, formed the extenfion of the national weal h and pow-, er, without the least diminution of the people, contrary to the effects of plantations G made from other countries, which have, fuffered at home, by aggrandizing themfelves abroad, and especially the Spaniards: Whereas the domeftick power of Britain is conftantly augmented, in proportion to the advantages derived from its fettlements a From whence, on a rational principle, it follows, that the erecting such courts in each great trading town in this kingdom, would be a common benefit, by eftabi.fhing a speedy and easy circulation of juftice, and' fecuring the peace and prosperity of the. inhabitants; feeing that the aggregate of feveral fmall debts, fpeedily and eafily received, may relieve and re-instate an indigent, but induftrious creditor, and excite industry and frugality in an indolent and extravagant debtor, and hinder the drone, or epicure, from preying upon the labour of the industrious bee. 416 COURTS of CONSCIENCE recommended. It is a wife maxim in government, that the fubjects perfons and properties be as well fecured, and both as little oppreffed by their fovereign as poffible; and that a great, but weak part of the community, be not injured by a lefs and more powerful. If that naturally must be allowed, then, confequently, it follows, that the extraor. A dinary expence of recovering fmall debts fhould be reduced, that the labouring people might be obliged to pay, and their cre ditors enabled to recover their just debts, without being liable to destruction, by little follies and indifcretions, tending to opprefs the mean and indigent, who are Jeaft able to bear the expence of litigation. All mankind are not equally ftrong in B their rational faculties, to distinguish how far their own refentment, or the infinuations of incendiaries over-run their intereft; neither are they all alike of honeft principles: But every wife ftate will confider which are the most natural means to guard the weak from ruin, and do the injured justice: For when one fubject is permitted to ruin another, it alienates his affections from him that effects it, and from that ftate which did not prevent it. Amongst the many conveniences refulting from courts of confcience, is one fingularly remarkable, that the creditor and debtor have liberty (as in Denmark, in cafes of greater confequence) to state their own cafe; and if injuftice or contumacy appear in an able debtor, the commiffioners have power to grant execution against his perfon or effects: But, in cafe of inability, Occafioned by loffes, fickness, or other adverfity, in another, they may decree payment by gales, or by compofition, without committing him to prifon for what he is not able to pay, and without depriving his family of fubfiftence by his labour, or the publick of an useful member. Another conveniency of fuch courts is, that in fome places they are held twice a week, and in the vicinage of debtor and creditor; and those for counties about fix times a year, and at different places alternately, for the accommodation of the inha bitants in each district; the expence of the former being about 3s. 4d. and of the latter 35. 9d. except upon execution against perfon or goods, when it is 2 or 38. more. D E F Debts under 40s. are more numerous than thofe above it, and, confequently, the quick and eafy payment, or tedious and expenfive detention of fuch fums, exhilarate or diftrefs greater numbers of a G lower clafs and lefs ability, than thofe of greater value do fuch who are interested therein For as the aggregate of debts or credits increase in value, fo the debtors or Creditors are not fo numerous; which Sept. debts are fuppofed to appertain to men of Great difputes among rich people, which amongst themselves. Why may not a decree, or judgment, fmall fum is not fo dangerous as that for a As the borough of Southwark, and the If a folution to the queftion proposed practice of the law, viz. Whether the tage? 1751. ABUSES in the Proceedings at LAW. tage? For that is not the best conftitution which hath the beft laws, but that which hath fuch beft adminiftered, and executed for a publick advantage. Altho' our lawyers, in conversation amongst themfelves, conclude, that when trade flourisheth, then doth the law ; this allows trade to be the principal and effi- A cient caufe of such legal profperity; but were the members of our legislature enquired of, I humbly conceive the answer would be, that the law was intended to be the efficient cause of the flourishing, and not of the ruin, or oppreffion, of trade, fo far as they were dependent upon, or might have a connexion with each other; but as it often proves otherwife, and as utility can never be introduced too foon, therefore it is faid, that an act will be paffed in the next feffion of parliament for preventing litigious fuits, and to reduce the time and expence for determining just ones: This would animate freeholders, lovers of their country, at the next election, to vote for those who zealously promote it, and C make babes to exult, who now whimper in their mother's womb. B Upon this fubject, I refer to Sect. XIV. in the Effay for a General Regulation of the Law, published anno 1727, by Chrif. Tancred, Efq; dedicated to the then lord chancellor King, concerning barretry, the ill confequences of it, and the remedy to prevent E it'; and alfo to an account that came, in April laft, from Berlin, viz. His Pruffian majesty having published repeated edicts, for preventing the pernicious practices of pettifoggers, which have hitherto proved ineffectual, has at laft had recourfe to a method, which, it is believed, will be attended with fuccefs; in short, he has fent one Bartholdi, who had got a great deal of money by fetting people together by the ears, to Spandau, where he is to work upon the fortifications for the space of 3 years. 417 not love to work. The candor of his appeal was fo jocund and genuine, and caused fuch an univerfal fmile, that he was dif miffed with impunity; as, doubtless, Bartholdi would have been by his Pruffian majefty, if, upon enquiry into the complaint exhibited against him by the courts of juftice, his conduct had appeared as use ful, and not detrimental. I forbear to publish the important reasons, which an eminent counfellor gave to his friend, for a regulation of the common and ftatute laws of England, and the practice thereof, and the dreadful confequences which he apprehended would enfue upon the neglect of it. Nor fhall I particularize the pathetical furprize, which Peter the Great, a prince of uncommon capacity and extenfive knowledge, fhewed in this kingdom, in the reign of William III. upon that account; it may fuffice that he penetrated into the economy of the British customs and conftitution, and put in practice what he esteemed laudable, and worthy of imitation in his dominions; but fhewed fuch an irreconcileable averfion to the practice of our laws, that before his death, he regulated and shortened the proceedings of his own, which gave him much pleasure and his fubjects great tranquillity. This was not accounted the least glory in the annals of his reign, nor would the like regulation be the leaft in his prefent majesty's. If all fuch pettifoggers in Europe were fo employed, the fortifications would be made impregnable, unless Mr. Robertson of Killmuck's answer to the fynod in G Scotland, when called before them for teaching fchool without licence, correfponded with their fentiments; viz. I was bred a febolar; and the brethren upon the bench know, that we subo quere brad febelars, do September, 1751. It is held for (and therefore I doubt not is) good law, that the king may, by his fole authority, by patent or charter, erect courts of judicature, with fuch powers annexed, as in his royal wildom he may think proper, or by his council be advised; whether our fuperior courts were originally fo established, is a point as much too curious and learned, as unneceffary for me to decide. But if my memory does not deceive me, all the lower and inferior courts have their fovereign's grants for their bafis; wherefore, his prefent majefty's royal prerogative entitles him, more especially with the advice of his council, to annul fuch inferior courts as are onerous, to rectify thofe that are in part fo, or to abolish the whole, and inftitute others, under better regulations, inftead thereof, confiftent with our own conftitution. That fuch power is vefted in his majesty, not only to regulate them, but the fuperior courts of juftice also, was well known to the Hon. commons of Gre.c Britain, who therefore, on March 4, 1759, refolved as followeth, which was a fo ficient fanction for appointing commiffion-re to execute it; viz. That an addrefs fhould be prefented to his majesty, the G38 |