Mr. Rigby.

Mr. Townfhend. Mr. Court naye.

Mr. Rigby faid, that he fhould agree to the prefent motion, not because he conceived the committee pledged to accede to an accufation, urged without proof, againft either the Earl of Sandwich or Sir Hugh Pallifer, but because he confidered ftrengthening the hands of government as much as poffible at this critical moment, a most important and neceffary duty, let government be lodged in what hands it might. He defired not to be confidered as undertaking the defence of Sir Hugh Pallifer, declaring that he was, from his being unacquainted with the relative facts, as little qualified for that task, as he was defirous of acting the more foolish, more abfurd, and more wicked part of ftanding forward the accufer of Lord Sandwich, without being able to make out any charge against him; a fituation in which the late Houfe of Commons hád feen one of its members placed, and a fituation in which, the honourable gentleman, who spoke laft, poffibly might be placed after the holidays.

Lord Maben

Mr. Pulte

ney.

Mr. T. Townshend supported Mr. Fox.

Mr. Courtnaye recommended vigour and fpirit to adminiftration, and unanimity and chearfulnefs to the Houfe. He defended the going on with the American war on the plea of its neceffity, faid he could view America in no other light than as the ally of France. Speaking of Lord North's fituation, he faid his fecurity in office was owing to the bad opinion the publick entertained of thofe who wifhed to get into his place, and that the fpeech of Charles the Second to his brother James, Duke of York, was perfectly applicable to him. When the Duke of York had told the king," he wondered a prince who had rendered himself fo unpopular, would venture abroad without his body guard." The king replied, "Have no fears for my fafety, brother, I am perfectly fecure in my perfon, as long as my people know, that if I die or am cut off, you must be my fucceffor."

Lord Mahon faid, the American war could not be deemed a war of neceffity; and this pofition his Lordship argued upon this principle, that as no rational or feafible propofition for conciliation had been held out to America, it was not fair to fay the war was carried on of neceffity. His Lordship in a moft animated file, arraigned and reprobated the propofitions made by the commiflions, terming them fcandalous, and dif graceful to the laft degree.

Mr. Pulteney declared the noble Lord was mistaken in what he had afferted, of the commiffioners having offered to pay the debts of America,

Lord

Lord Mahon replied, and read extracts from the public acts LordMabon. of the commiffioners in fupport of what he had before said.

Mr. Fox argued on the fame ground, ftating, in compari- Mr. Fox. fon to the interpretation put upon the commiffioners offering to affift in arranging the debts of America, by Mr. Pulteney, that if any rich man came to him and offered to fettle his debts, he should naturally imagine he meant him a real favour, and defigned to lift the load off his fhoulders by paying them, but that if it afterwards appeared, that he only meant to give him his advice, how he fhould pay his debts out of his own fortune, he fhould feel himself miferably disappointed.

The queftion was then put and carried, nem. con. without á divifion.

After that, a fecond refolution for voting 41. per man per month, for the feamen and marines already voted, was put and agreed to.

No debate.

November 14.

November 15.

A converfation took place relative to the day on which a petition concerning the election at Oakhampton fhould be heard, in confequence of Sir Philip Jennings Clerke having defired that the petition might be heard in its turn.

Mr. Rigby faid, he did not understand the expreffion, and Mr. Rigby. in a plain manner contended, that in confequence of 'Mr. Grenville's act, which was fo much the favourite of the House, more frivolous petitions, prefented without any wish to be heard, and merely with a view that the petitioners might obtain privilege of parliament for the interval of time that elapfed between the delivery of the petition and its being determined upon, were brought to that House than had been ufually brought when the election petitions were heard in the old parliamentary way. Mr. Rigby faid, it was neither proper, nor was it his defign, to fay a fyllable as to the particular petition to which the honourable gentleman who spoke laft referred. If he chofe to fpeak of it, perhaps he knew as much of the merits of the Oakhampton election as any gentleman prefent; but he was aware, that was not the time for going into them, and he declared now, as he before declared in that Houfe, that unless the Houfe compelled him to it, he never would be a member of an election committee; without adverting therefore in the leaft to the merits of the petition, the hearing of which was then the subject of altercation, he defired and hoped that the Houfe in general would

follow

Lord Weft

Cote.

Mr.Minchin

Sir George

L'onge.

follow the good old cuftom of making example of those who should hereafter appear to have frivoloufly petitioned, and who without any ferious reaion to juftify their conduct, took up the time of the Houfe in inveftigating allegations, which could not be fupported. After a few words from Mr. Dunning, Mr. Townfhend, &c. the day of hearing the petition was altered.

The Houfe afterwards refolved itself into a committee of fupply.

Lord Weftcote moved, that the land tax for the year 1781 be 4s. in the pound, with the usual difference for Scotland.

His Lordship alfo moved, that the duties on malt, mum, cyder, and perry, be continued the next year at the rate at which they now stood.

Both these refolutions were agreed to.

November 16.

Mr. Minchin faid, the orders given to the military, at the time of the late riots, to act without waiting for the civil magiftrate, had occafioned great difcontent without doors. The order might perhaps be juftified from neceffity, or from the negligence of the magiftrates; for they had been shamefully inactive; but indeed the detachments of troops had been fo numerous, and fo difperfed through London and Weftminfter, that, had the magiftrates been ever fo ready to do their duty, there was not a fufficient number of them to head all the detached parties. To remedy this defect, and to put it out of the power of a military man, as fuch, to have the lives of his fellow fubje&ts at his command any more, as he himself had had at the late riots, he wished that a new commiffion of the peace for the whole kingdom fhould take place, and that the names of almoft all the refpectable gentlemen in each county fhould be inferted in it. This, he said, would furnish us with a fufficient number of magiftrates to head the military, if we fhould be ever obliged to resort to them again but as he did not expect that all these gentlemen would qualify themfelves to act in general as juftices of the peace, though he did not doubt but they would very readily do fo in cafes of emergency, he moved, "That leave "be given to bring in a bill to enable all perfons named "in any commiffion of the peace, to act as juftices in the "fuppreffion of riots and tumults, notwithstanding they "have not taken out their dedimus poteftatem."

Sir George Yonge feconded the motion; but expected that the honourable gentleman would take care to provide in his

bill, that the military should be reforted to only in the fecond inftance; and after the civil power had been firft called in. Mr. Minchin faid, that this was the very principle of his

bill.

Mr. Alderman Wilkes hoped the honourable gentleman Mr. Alder did not mean to grant powers of magiftracy to any man, who man Wilkese fhould not previoufly have taken the oath of office, to do juftice between the King and his fubjects.

Mr. Minchin anfwered in the negative.

Lord Beauchamp was of opinion that this would deftroy the Lord Beau very object of the bill. The principle of the bill was to dif- champ. pense with certain formalities in cafe of emergency; and yet, when the emergency fhould arrive, the magiftrates muft not act till they have gone through thofe formalities. The bill was fuppofed to be a difpenfing bill, and yet dispensed with nothing. There was indeed a bill which paffes regularly every feffion; which, by difpenfing with the qualification oath of juftices of the peace, naturally opened a door to the low and the indigent, and was the great caufe why gentlemen of character were fo averfe, in Middlesex particularly, to act as magiftrates; they did not like to fit on the fame bench with perfons fo greatly inferior to them in rank and fortune. He wifhed, however, to fee the bill brought in, when the Houfe would have an opportunity to add whatever might be found wanting in it.

Mr. George Onflow spoke against the magiftrates; accufed Mr. George them of shameful neglect of duty, which alone had made it Onflow. neceffary to call out the military on the late occafion.

Sir Edward Aftley defended the magiftrates; and mentioned Sir Edward one in particular [Hyde] who, while he was at the head of fley. the guards, that were drawn up for the protection of that Houfe, had not fweryed from his duty, though at the very fame time his own house was demolishing by the mob.

Earl of Surrey complained of the want of magiftrates in two Earl of counties, in which he fometimes refided. In one there were Surrey very few; in the other, in the weft of England, there were fcarce any. This arole, he thought, from the manner in which commiffions were made out by the custodes rotulorum, and Lords Lieutenants. He wished that fomething might be done in the bill moved for, to regulate the commiffions of peace, and fupply the country better with magiftrates.

the

Sir P. 7. Clerke faid, that the complaint of a fcarcity of Sir P. 7. magiftrates, was general all over the kingdom.

The question was put, and leave given to bring in the bill,

The

Clerke.

The following is a copy of the ABSTRACT of the BILL to enable all perfons, named in any commiffion of the peace, to ači in the fuppreffion of the riots, notwithstanding they have not taken cut their Dedimus Poteftatem; and for enabling them to take the oath of Qualification.

"It recites, That in cafes of fudden riots, a fufficient number of magiftrates duly qualified, cannot at all times be affembled to quell fuch riots.

"It therefore enacts, That after a certain time to be mentioned in this bill, every person whose names fhall be inferted in any commiffion of the peace for any county, riding, or divifion, fhall be fully authorized to act as a justice of the peace within fuch county, riding, or divifion, for fuppreffing any riots, notwithstanding he fhall not have taken the ufual oath of office under the writ of Dedimus Poteftatem.

"It also recites, That divers provifions have been made, for preventing and punishing fuch offences, efpecially by an a&t of George the First, and therefore enacts, That every perfon fo named, in any commiffion of the peace, not having taken the oath of office, fhall be, to all intents, a juftice of the peace, within the meaning of the ftatutes aforefaid, and invefted with all privileges and authorities, contained in such ftatutes, as other juftices who may have taken the oath relating thereto.

"It allo enacts, That no fuch perfon, fhall be capable of acting as a juftice, unlefs qualified according to the act of the 18th of George II. For the further qualification of juftices," and having taken and subscribed an oath to be inferted in this act, and the oaths of allegiance, fupremacy and abjuration.

It further enacts, That every juftice within the fame county, riding, or divifion, is to adminifter fuch oaths to any perfon before defcribed, requiring to take the fame; fuch oaths to be recorded, and the clerk to have a fee, to be fixed by this act, with a penalty for any perfon who fhall prefume to act, without being qualified-a claufe limiting the time of bringing the action after the fact upon which the fame is grounded, fhall be committed, and allowing every defendant the benefit of making out his qualification.

"And it enacts, That the clerk of the peace of every county, fhall caufe lifts of the names of all persons in the commiffions of the peace, to be printed; and when in like manner, any new commiffion fhall be made out, and tranfmit fuch printed lifts to the churchwardens of every parish,

and