within fuch Time, as was directed by the Statute made in the 27th Year of the Reign of Henry VIII. for Inrollment of Bargains and Sales, or by Laft Will or Teftament duly executed, to grant to the faid Corporation and their Succeffors, Lands, Tenements, Hereditaments, Goods and Chattels, for the Purposes mentioned in the faid Act; which Corporation had also thereby full Capacity to purchase, take and enjoy any Money, Lands, Tenements, Goods and Chattels, without any Licence or Writ ad quod damnum, the Statute of Mortmain, or any other Statute or Law to the contrary not 4 wanted the fame, and were by the Rules of the Corporation qualified to receive them, where any Perfons would add the like or greater Sum to it, or the Value in Lands or Tithes for any particular Cure; and that the Fetitioners apprehended, that by the Bill then depending be'fore the House, to reftrain the Dif'pofitions of Lands, whereby the fame become unalienable, the Rights and Powers vefted in them by the faid Act, and by the Rules and Orders made in Pursuance thereof, might be greatly affected, if fome proper Provision should not be made to prevent it; and therefore pray withstanding; and that afterwards,ing that a Claufe or Claufes might be added, whereby the faid Rights and Powers might be fecured.' After reading this Petition, a Motion was made and feconded, for ordering it to be referred to the Confideration of the Committee to whom the faid Bill was committed; and the fame being oppofed, after a pretty long Debate, the Queftion was pur, and, upon a Divifion carry'd in the Negative, by 143 to 95; whereupon the Petition was order'd to lie upon the Table. in pursuance of the Powers granted by the faid Statute, divers Rules and Orders were fettled and confirmed by her faid late Majefty, under the Great Seal; by fome of which Rules and Orders, the Augmentations to be made, were directed to be by Way of Purchase, and not by Way of Penfion; and the stated Sum to be allow'd for the Augmentation of each Cure, was limited to 200 to be invested in a Purchase, at the Expence of the Corporation; and the faid Gover- The fame Day the Houle, according nors were impowered to give the to Order, refolv'd itself into a Comfaid Sum of 200 /. to Cures not ex-mittee of the whole Houfe upon the ceeding 351. per Ann. (which Sun faid Bill, and made fome Progrefs, was afterwards, by the Authority Mr. G- -n being in the Chair; afof King George I. extended to 50l. ter which, Mr. Speaker refum'd' the per Ann.) where any Perfons would Chair, and Mr. G - reported from give the fame or greater Value in the Committee, that they had made Lands or Tithes; and fuch Gover- fome Progrefs in the Bill, and had nors were directed, every Year, be- directed him to move, that they tween Christmas and Eafter, to caufe might have Leave to fit again; wherethe Account of what Money they upon it was refolved, that the House had to diftribute that Year, to be would, upon Monday then next, at audited, and when they knew the Twelve o'clock, refolve itself into a Sum, publick Notice was directed Committee of the whole House, to to be given, that they had fuch a confider further of the faid Bill. Sum to diftribute in fo many Shares, and that they would be ready to apply thofe Shares to fuch Cures as | On the faid Day, being Monday April 5, it was moyed and resolved, That an humble Addrefs be prefented to to his Majesty, That he would be graciously pleafed to give Directions to the proper Officer to lay before that Houfe an Account of what Licences had been granted by the Crown, and for what Values refpectively, to any Perfon or Perfons, Bodies Poli tick or Corporate, their Heirs or Succeffons, to alienate in Mortmain, and to purchase, take and hold in Mortmain in Perpetuity, any Lands, Tenements, or Hereditaments whatfoever, fince the A&t of the 7th Year of the Reign of King William III. entitled, An Act for the Encouragement of charitable Gifts and Difpofitions, to that present Time. After which, the Houfe, according to Order, refolv'd itself into a Committee of the whole House, to confider further of the faid Bill, when Mr. Gn being their Chairman as before, the Claufe for excepting out of the faid Bill the Universities of Oxford and Cambridge, and the ColJeges of Eaton, Winchester, and Weftminfter, with a Provifion relating to Advowfons, was prefented, and a Motion made for its being receiv'd and made Part of the Bill, which occafioned fome Debate ; but upon the Question being put, it was, upon a Divifion, carry'd in the Affirmative, by 227 to 130. With refpect to the Provifo relating to Advowfons, an Amendment was propofed for leaving it in the Power of the feveral Colleges belonging to the two Universities, to exchange fmall Livings for larger, fo as not to increase the Number of Advow fons, to which they were by the Act to be restrained, which occafioned a new Debate, and at laft, upon putting the Queftion, it was carry'd in the Negative. After which, the Committee having gone through the Bill, they directed their Chairman to report the Amendments they had made to it, when the Houfe fhould pleafe to rereceive the fame; and on the 7th, a Petition of the Grey Coat Hofpital in Tothill Fields, of the Royal Fourdation of Queen Anne, was prefented to the House and read, fetting forth, That by Letters Patent, dated the 19th Day of April, in the 5th Year of the Reign of the late Queen Anne, the Petitioners were conftituted a Corporation, and made capable in Law to take Lands, Tenements, and Hereditaments, not exceeding the yearly Value of 2000. and alfo Goods, Chattels, and Things of what Nature or Value foever, for the Benefit of fuch poor Children of the Parish of St. Margaret, Westminster, as from Time to Time fhould be admitted into the faid Hofpital; and that the Petitioners had for feveral Years past, been enabled to maintain, cloath and teach a confiderable Number of poor Children of both Sexes, and had from the Time of the first Foundation of the faid Hofpital, placed out above 500 Children Apprentices, fome to the Sea Service, and others to useful Trades, Hufbandry and Housewifery; and that the Children then, and many Years paft, were many more in Num ber than the Petitioners could provide for by the yearly Subfcriptions and Collection joined to the certain annual Revenues of the faid Hofpital, which together, at that Time, did not ex ceed 700 a Year; fo that were it not for the cafual and generous Benefactions, the Petitioners had receiv'd by the Bequests of feveral pious and well-difpofed Perfons, they could not take so many poor Children into their Care and Protection, to be maintained, cloathed, and instructed; and therefore, in Confideration the then annual Revenue belonging to that Hofpital, was of fo fmall a Value, praying that that Corporation might be ex cepted out of the Bill then depending in that Houfe, for reftraining the Difpofitions Difpofitions of Lands, whereby the fame become unalienable, or that fuch Provifion might be made thereby, that the Benefits intended them by the Grant of their Royal Foundrefs, might be preferved to them in their full Extent. Which Petition was order'd to lie on the Table. Next Day a Petition of the Truftees of the feveral Charity Schools within the Cities of London and Weft infler, Borough of Southwark, and Bills of Mortality, in Behalf of upwards of 5000 poor Children cloathed and educated in the faid Schools, and alfo in Behalf of all other Charity Schools in this Kingdom, for the Education of the Children of the Poor in the Principles of the Church of England, as by Law established, was prefented to the Houfe and read, fet ting forth, That if the Bill then depending in that House, to reftrain the Difpofitions of Lands, whereby the fame become unalienable, fhould pafs into a Law without Amendment, it would prevent many charitable Donations for the Promotion of the faid Schools, which were fo far from having any large Endowments in Land or Money, that very few had fo much as a School-houfe; and that, as the voluntary Contributions did not equally and regularly answer the conftant Expences, the Trustees in feveral Places have been obliged to reduce the Number of their Children, and in others the Schools had been entirely laid down, for want of Means to fupport them; and reprefenting to the Houfe the great Usefulness of those Schools, and alledging that during the Continuance thereof, the Petitioners have placed out upwards of 17,000 Children, within the faid Bills of Mortality, to Apprenticefhips in the lower Trades, and to menial Services, whereof about one Half had been put out to fuch Services, befides near 400 bound to the Sea Service; and therefore praying the House to except the said Charity Schools out of the faid Bill, or to grant them fuch other Relief as to the Houfe should feem meet. This Perition was likewife ordered to lie upon the Table. The fame Day, the Report from the Committee upon the faid Bill was received, and the Amendments, with Amendments to one of them, all agreed to; after which, the Bill, with the Amendments, was ordered to be ingroffed; and on the 15th, the Bill was read a third Time, and a Motion made for its being paffed, which occafioned fome Debate; but upon the Queftion being put, it was, upon a Divifion, carry'd in the Affirmative, by 176 to 72; and Mr. Gn was ordered to carry the Bill to the Lords, and defire their Concurrence. or ture with that propofed in the House of Commons, with Refpect to the giving them a Liberty to exchange the fmall Livings they were, might be in Poffeffion of, for others of a greater Value, fo as the Number of Advowfons in the Poffeflion of any College might never exceed the Number prescribed by the Bill; in which he was fupported by the Lord Bft, the Earl of A -12, the Earl of St- -d, &c. but upon the Queftion's being put, it was carried in the Negative. After the Houfe had refolved itself into the Committee, the Earl of Sd took Notice that the Words (to Ufes called Charitable Ufes) in the Preamble, feemed to caft fome Sort of Reflection upon thofe Charitable Foundations which had been lately established, none of which, he hoped, their Lordships would look on as a publick Mischief, and therefore he propofed leaving them out; in which he was feconded by the Earl of -n, and the Bishop of S. -ry, but this Amendment was difagreed to, because fome of the late Difpofitions made to fuch Foundations feemed to be a little extravagant; and even the Foundations themselves, if they had not already, might very foon become a publick Mifchief. The Bishop of S-ry likewise took Notice, That by fome Words in the first enacting Claufe, the Charitable Foundation, call'd Queen Anne's Bounty, which he hoped was looked on by all their Lordships as a moit ateful and neceffary Foundation, would be difabled even from taking any Sum of loney, or other Perfonal Estate; for by that Clause, as it then flood, no Sum of Money or other Perfonal Eftate what foever, to be laid out in the Purchase of Lands, could be giyen by Will to any charitable Ufe whatfoever; and as that Society, by their own Rules and Orders, were obliged to employ all Sums of Money left to them in the Purchase of Lands, he was afraid, that every Legacy left them by Will, would be within the reftraining Words of that Claufe therefore he hoped, fome explanatory Words would be added in Behalf of that Society; but this was likewise difagreed to. Then the Lord Hck took Notice, that the general Words in the reftraining Claufe might in fome Cafes affect Purchases for a valuable Confideration, therefore he moved, that the following Proviso should be inferted in the Bill, viz. Provided always, that nothing ' herein before-mention'd, relating to the Sealing and Delivery of any 'Deed or Deeds, twelve Calendar Months at least before the Death of 'the Grantor, or to the Transfer of any Stock fix Calendar Months be'fore the Death of the Grantor, or Perfon making fuch Transfer, fhall extend or be conftrued to extend to any Purchase of any Estate in Lands, < Tenements, or Hereditaments, or any Transfer of any Stock, to be made really and bona fide, for a full and valuable Confideration actually paid, at or before the making fnch 'Conveyance or Transfer, without 'Fraud or Collufion. This was objected to by fome Lords, as being unneceffary, and as it would afford a Handle for evading the Law; for as Conveyances. of Land Eftates might be, according to the Laws of this Kingdom, made by Perfons on their Death-bed, it would be eafy for any Charitable Corporation or Body Politick, to pay a full and valuable Confideration in ready Money, at or before the making of any fuch Death, bed Conveyance or Transfer, and at the fame Time to have a Will made, whereby the Sum fo paid fhould be left them by Way of Legacy; which would be a good Bequest, and with that that Legacy the Body Politick might replace the Money which they had laid out upon the Purchase; but it being the general Opinion, that fuch a Conveyance and Bequeft would be interpreted as made by Fraud or Collufion, in Order to evade the Law, and would not therefore be within the Provifo; and it being thought that it would be a great Hardship upon all Bodies Politick, to make void every Purchase or Transfer they could afterwards make or receive in Cafe the Grantor, or Perfon who made the Transfer, fhould by Accident die within a Twelvemonth after fuch Purchase, or within fix Calendar Months after fuch Transfer, even tho' really and bona fide made for a full and valuable Confideration, paid at or before the making of fuch Purchafe or Transfer, therefore it was agreed that the Provifo offered fhould be inferted and made part of the Bill. The Committee went afterwards through the Bill, and ordered their Amendment to be reported to the Houfe; and accordingly, on the 11th, the Lord Dr, their Chairman, reported the fame to the House, when a Propofition was made, to leave out, at the latter End of the first enacting Claufe, thefe. Words, viz. And unJefs the fame be made to take Effect in Poffeffion for the charitable Use intended, immediately for the making thereof, and be without any "Power of Revocation, Refervation, • Truft,Condition, Limitation, Claufe, 'or Agreement whatfoever, for the Benefit of the Donor or Grantor, or of any Perfon claiming under him.' This occafioned a pretty long Debate, the Subftance of which we fhall give in the Argument upon the Bill in general; but the Queftion being at last put, Whether thofe Words fhould ftand part of the Bill, it was refoly'd in the Affirmative; and the My Lords, S the Landed Intereft of this A Kingdom has always been our chief Support against foreign Enemies, and the great Bulwark for defending the Liberties of the People, against the Attempts of ambitious encroaching Power ; therefore it has always been reckon'd a moft necessary and a fundamental Maxim of our Conftitution, not to allow any great Share of our Landed Intereft to be vefted in Societies or Bodies Politick, either Sacred or Prophane: This Maxim appears to be coeval with our Monarchy, and is exprefly established by the great Charter; for tho' Grants or Alienations of Lands to religious Houfes only, be thereby prohibited, yet this Prohibition was founded upon the general Maxim, and religious Houses only were then mentioned, becaufe Alienations to them was at that Time the only Tranfgreffion of this Maxim, which had been felt or complained of; but in the very next Reign, in the 7th Year of the Reign of our great Edward I. this Defect was fupply'd, and by an exprefs Statute, Alienations of Lands to any Body Politick what foever, were forbidden, under Pain of forfeiting the fame: Nay, fo fenfible was that wife King, of the Neceflity of this Maxim, that |