markable, which we fhall do in the order in which they were introduced. According to this order, the first that occurs to our obfervation was, The bill for declaring the authority of the commiffioners appointed by his majefty, under the great feal, for receiving, A bearing and determining appeals in caufes of prizes. B that it was not; after which the debate upon the motion for committing the bill was adjourned till Jan. 31, on which day there was a long debate, the motion being oppofed by the E-1 of Glle, and fupported by the L-d Cr, but upon the question, it was carried for committing, and the house refolved to go into a committee on the bill on Feb. 2, when there was a new debate, in which the chief speakers against the the bill, or fome of the claufes of it, were the E-1 of G-lle, the M-s of T--le, and the L-d B-~st ;. and in fupport of it, the D-ke of Ntle, the D--ke of Ale, the D-ke of Bd, and the L-d C-r; but upon the question the feveral claufes were agreed to, and the bill ordered to be read a third time the next day, when it was paffed, and fent to the commons, where it likewise met with fome oppofition; but after going through the ufual forms, it was paffed, and received the royal affent on Feb. 16. For understanding the cause and the nature of this bill, it is neceffary to obferve, that for a long time past none but fuch as were of his majesty's privy council, had ever been appointed commiffioners in any fuch commiffion, and confequently none of the judges except the three chiefs; but in the last commiffion all the judges were appointed, whereupon a queftion arofe among the judges, whether they could act under that commiffi. C on; and upon this question, after the moft mature deliberation, they were equally divided, fo that it became neceffary to pass a law for impowering them to act, or to iffue a new commiffion. The former method was chofen, and a bill was prefented D to the house of lords by the D-ke of Ntle for this purpose, on Jan. 17, when it was read a first time, and ordered to be read a fecond time. On the 24th, the L-d Bft moved for its being read a fecond time on the Thurfday follow. ing, and that the lords fhould be fummoned, and the judges ordered to attend. After which he moved, that copies of fome of the articles of feveral treaties relating to the method of determining fuch appeals might be laid before the house, which was done accordingly. E F When the bill came to be read a fecond time, according to the said order on the 26th, the L-d Bt moved, that the judges might give their opinion feriatim upon the quefon, Whether the commiffion was G legal, with their reafons for their opinion; and the motion being agreed to, the judges gave that day and the next their opinion as before, one half that it was legal, and the other The next bill we shall take notice of was, The bill for amending, explaining, and reducing into one act of parliament, the laws relating to the government of majesty's navies, ships, veffels, and forces by fea, which was moved for by the Lord Barrington, Dec. 12, and his lordship, together with the Lord Vere Beauclerc, the Lord Dun-、 cannon, Mr. Ellis, Mr. Cleveland, Mr. Doddington, and Mr. Corbet, were ordered to prepare and bring in the fame. Feb. 1, the faid bill was presented to the house by the Lord Barrington, read a first time, and order'd to be read a fecond time. Monday the 6th it was ordered to be read a second time on the Friday following, which it was accordingly, and it was refolved, that the house would on the Monday sevennight following refolve itself into a committee of the whole houfe on the faid bill, but that order being put off till the 24th, the following petition was then prefented to the house, viz. To the Commons of GREAT of the T HAT your petitioners finding by the votes of this honourable houfe, that a bill hath been brought in and read a first and fe- B cond time, and committed, intituled, A bill for amending, explaining and reducing into one act of parliament, laws relating to the government of his the maj fly's frips, veffels and forces by fea, do moft humbly beg leave to reprefent, that in the faid bill there are C several claufes contained, which (fhould the fame pafs into a law) would, as your petitioners humbly apprehend, greatly tend to the injury and dishonour of your petitioners, and all other officers of his majesty's navy, as alfo to the detriment of his D majefty's fervice. That as the prefent laws, for government of his majefty's navy, have been always found fufficient for that end; and the power of the lord high admiral co operating with the zeal of the fea-officers, hath been hi- E therto effectual to fecure the fervice of thofe on half pay, upon the moft preffing occafions, your petitioners humbly hope, they fhall not be fubjected to many hardships and difcouragements that must attend an alteration of the prefent laws, with re- F gard to them in many particulars. Wherefore your petitioners moft humbly pray, that they may have leave to be heard by their counfel, before the committee of the whole houfe, to whom the faid bill is committed, againft G fuch parts thereof as they apprehend will be injurious to themfelves, and the rest of the officers of his majesty's navy; or, that they may have fuch other relief, as to this honourable house, in their great goodness, fhall feem meet. And your petitioners shall ever pray, &c. admirals and 47 captains, but we This petition was figned by three muft obferve, that no admiral or captain who was a member of the house could fign the petition, nor had any of thofe that were abroad an opportunity to fign it, otherwife we may figned by a great many more; for it fuppofe, that it would have been was prefented to the houfe by Sir Jn Ns, fince deceased and the motion feconded by Sir P—r WAfter it was read, the firft motion was for referring it to tee, and the petitioners to be heard the confideration of the faid commitbefore the fame by their counsel, if they thought fit; but this motion being waved, because it was faid, that the bill might be fo amended in the committee, as to remove all the oba motion being made for the petitijections the petitioners had to it, and on's being ordered to lie on the table, it was moved, by way of amendment, that it fhould be ordered to lie on the table, until the report was received from the committee of amending, &c. was committed, and the whole boufe, to whom the bill for that the petitioners fhould be then heard by their counfel upon this petition, if they thought fit; but this amendment being oppofed, there enfued a long debate, in which, befides the L-dsthe two gentlemen abovementioned, Efq; Rt Nt, Efq; A! ge, H-y B——st, V, G1 0fpoke for the amendment, and H-y -pe, &e. F-x, Efq; H—y P. Wm P―tt, Efq; G-ge L-n, -m, Efq; the houfe divided, and the question Efq; &c. fpoke against it. At last was carried againft the amendment by 227 to 121. - As it was late before this debate ended, the committee was put off t See our Magazine for lat month, p. 288. the A the Friday following, being Margh to infert thefe words, (the courts of juftice in fuch cafes where they have now by law a right to interfere, or by either house of parliament.) As to leaving out the words (lawful authority) no objection was made, but it being propofed to infert in their room the words (act of parliament) it occafioned a debate, and at laft the question was put for the chairman to leave the chair, which was carried in the negative, by 111 to 67; after which the words firft propofed to be inferted, were rejected, and the last agreed to without a division. April 10, A claufe was offered for providing, that in cafe of any capital crime, to be tried in Great Britain, or in the narrow feas, the number of the court-martial fhould not be less than 13, of which 9 fhould be for the fentence of death, and in all other parts where five might conftitute a court-martial, four of the five fhould concur in the fentence of death. But upon the Dqueftion's being put, the clause was rejected without a divifion. March 8, A motion was made to infert these words (knowing him to be fuch) after the word (rebel) in the third article of war, but the queftion C was carried in the negative by 115 to 62. March 23, a motion was made to add at the end of the claufe for appointing the third officer in command to prefide at a court martial, when there was a material objection against the fecond, the following words, viz. provided always, that in every cafe when fuch material objection fhall occur, and where the perfon next in command to the officer or commander in chief, fhall be fet afide, in pursuance of this claufe, fuch objection fhall be made E in writing, and annexed to the proceedings and fentence of fuch courtmartial, which proceedings fhall be carefully preferved in the office of the lord high admiral, or commiffioners for executing the office of lord high admiral. Upon the queftion's being put, this amendment was agreed to by 43 to 38; but the reader will foon fee why it is here mentioned. F April 5, In the first draught of the bill the oath to be taken by the members of a court-martial was, That none of them fhould difcover G the vote of any particular member, unless thereunto required by lawful authority; therefore in the committee a motion was made to leave out the words, (lawful authority) in order Next day, April 11, Lord Vere Beauclerk, chairman of the committee, reported to the house the amendments made by the committee to the bill, which report was ordered to be taken into confideration upon that day fev'night. Accordingly, April 18, the house proceeded to take the faid report into confideration, which took up that day, and allo the 20th, on which laft day, when the queftion was put for agreeing to the abovementioned amendment made March 23, a new debate arose, and at last upon putting the queftion it was carried in the negative by 83 And a motion being the fame day made, to leave the word (act) out of the amendment made to the oath of fecrecy, April 5, in order to infert in its ftead the words, (by either houfe) another debate arofe, and the queftion being at last put, if the word (act) fhould stand to 77. part part of the amendment, it was carried in the affirmative by 107 to 79. But the most remarkable thing that happened upon the report, was the leaving out that article of war for fubjecting the half-pay officers of the navy to the fame difcipline as if actually upon full pay. This had occafioned a moft ftrenuous debate in the committee, and a new one upon the report, but at laft fome of the chief ministers yielded, and it was agreed to be left out, without a divifion. A any debate, because gentlemen thought it needlefs to oppofe the bill in general; but before the houfe went into a committee on the bill, when the feveral claufes were to be feparately confidered, the house addreffed for copies of all the articles of war made fince the beginning of K. Charles IId's reign, and the following were laid before them, viz. thofe made from 1721 to 1749 inclufive, for our forces both at home and abroad; and thofe of 1742, 1743, 1744, 1745, B and 1747, for forces employed in foreign parts; all which were referred to the faid committee, and on Feb. 17 they went for the first time into a committee upon this bill, which took up a great part of that day, and after wards of the 20th, the 22d, the 27th, and March 1, in which time many. amendments were made, many offered and rejected, and there were many divifions, fome of which deferve a particular notice. April 20, The house having gone through the report, the bill was ordered to be ingroffed; and on the 24th, it was read a third time, and feveral new amendments made, after which it was paffed and fent to the lords, where it occafioned a debate C upon the general neceffity and scope of the bill, but it paffed that house with a very few amendments; and thofe amendments being agreed to by the other houfe upon May 10, it received the royal affent on the 26th of the fame month. Feb. 17, A motion was made, to infert in the first claufe of the bill Dthese words, (or fhall be found. fleeping upon his poft, or fhall leave it before relieved) which being opposed, it occafioned a debate; but the question was at last carried in favour of the motion without a divifion. The next bill we are to give an account of, was that ufually called the mutiny bill, which, tho' an annual bill, and a bill formerly thought inconfiftent with our conftitution in time of peace, has for many years been paffed without much oppo- E fition; but the bill brought in this year, and the articles of war lately made, having fome extraordinary claufes, it occafioned feveral debates. Feb. 7, a motion was made by Mr. Secretary at War, and feconded by Thomas Gore, Efq; for F leave to bring it in, which was agreed to, and they were ordered to prepare and bring it in. As fuch bills are generally prepared beforehand, Mr. Secretary at War prefented it the next day, when it was read a first time, and ordered to be read G a fecond time. The 10th it was read a fecond time, and committed to a committee of the whole houfe. So far the bill proceeded without Feb. 20, Upon the 4th clause of the bill, it was moved to infert after the word (tried) these words (nor fhall any fuch court-martial be compofed otherwife than of fuch officers then on duty in the respective regiment, from whence they are fummoned, whose turn it may chance to be at the time of the appointment of fuch court-martial.) But upon the question's being put, it was carried in the negative by 223 to 130. Feb. 22, Upon the eleventh claufe, after the word (example) at the end of the clause, it was proposed to add these words (nor hall it be lawful for any commander in chief, or commanding officer, to * See our Magazine for laft June require require any court martial, or for any court-martial fo required, to revife or correct, on any pretence whatfoever, a fentence legal according to this act, and to the articles of war, once given by fuch courtmartial. Upon this too the queftion was carried in the negative by 211 to 123. And, March 1, Upon the laft claufe of the bill, a motion was made to amend it fo as to render half-pay officers fubject to the ac&t, only in cafe of actual war, infurrec tion, rebellion, or invafion; but upon a divifion the motion was rejected by 203 to 137. A B The committee having thus gone through the bill, the lord Duplin, their chairman, reported the anendments to the houfe on the 6th, when C they were taken into confideration; and upon the oath to be taken by the members of the court martial, as well as upon that to be taken by the judge advocate, a motion was made for inferting the words (unless thereunto required by the courts of D justice in fuch cafes, where they have now by law a right to interfere, or by either house of parliament ;) but the motion was on both rejected, on the firft by 153 to 126, and on the laft by 175 to 103. After which, the farther confideration of the faid E report was adjourned until next day; when a claufe was offered for providing, that no court-martial, after fentence once given, fhall upon pretence of revifing or correcting the fame, or upon any pretence whatfoever, render the fentence more F fevere; but the claufe was rejected upon a divifion, by 140 to 103. And upon the laft claufe in the bill a motion was made for fubjecting half-pay officers to the act, only when his majefty fhould iffue his royal proclamation requiring their G fervice; but this too was rejected by 158 to 100; after which the bill was ordered to be ingroifed. third time, when several new amendments were made, and a new at tempt was made to get the oath of fecrecy altered, by inferting the words (unless thereunto required by either house of parliament;) but it was again defeated upon a divifion by 101 to 68. The bill was then paffed and fent to the lords, where it was read a first time the next day, and ordered to be read a second time on the 15th the lords to be fumtioned, and the judges to attend. After the fecond reading, and the bill's being ordered to be committed, there was a long debate upon a motion for an inftruction to the committee, to receive a claufe for refaining courtsmartial from inflicting any punishment affecting life or Imb; but upon the queftion's being put, it was carried in the negative by 88 to 15. Then it was refolved, that the house would go into a committee on the bill the 17th, and the lords were ordered to be fummoned and the judges to attend. Accordingly on that day. as foon as the houfe refolved itfelf into the faid committee, a queftion was put to the judges, if the halfpay officers not being included in the number of 18,857 effective men, mentioned in the preamble of the bill, could be deemed fubject to it, or to any of the pains or punishments mentioned therein, were it not for the last claufe contained in the bill then before the houfe? and upon this queftion the judges happened to be of different opinions. The committee then went thro* the whole bill, except the laft claxie, which was adjourned till next day, when there enfued a long debate, whether the words of that claufe relating to half pay officers fhould fland part of the bill, and upon a divifion it was carried that they fhould, by 72 to 15. After which a claufe was offered for preventing any peer of the realm from March 9, The bill was read 2 being tried by a court martial, upon diugut, 1749. A 2 a which |