Star. — London, England, 1817-05-01 00:00:00

PARLIAMENTARY PROCEEDINGS. 1- - )11 4 E OF LORDS, APRIL so. Ananias were isresented from the Treasury and Directors of the East Iva Company. ane laid on the Table. Leith hinAl UTles CIRCULAR LAT/TR. Earl GREY stated, that he intended on Tuesday DM to move for the case laid hefOre the Law-Offi cers of the Crown, upon which the opinion • already befrwc the House had been given, when he would ottbak some observations: for their consideration on gbf. mint important subject. In the opinion of the Lair Officers of the Crown, there was a reference to, an pirion given by their predecessors, in 1801, in the cases of Thomas Spence and Alexander Ho gg; and as he trusted there would be no obection to the production of that document, he wou ld now move for it. The subjectwas one of as great magnitude and importance as any that ever was brought under their Lordships' consideration ; and it was of the Fghest consequence that every possible information respecting it should be produced. The doctrines now promulgated in the circular letter of the Secre tary of State, upon the authority of the Law-Officers of the Crown, certainly involved a most important novelty in the practice of the Constitution, tied a violation of the law, according to the best opinions. He would, however, say clothing farther on the sub- ject at present, but move for the opinion given by the Law-Officers of the Crown in 1801, referred to in the opinion now laid on the Table. The Earl of LIVERPOOL hzd not sufficient official knowledge to enable him to say whether there was any such opinion in the Office. It might turn out; that the Law-Officers, in ISOI, had acted upon their own opinion, on the subject iu the cases ot, Spence and Hogg ; and that there was no opinion epon a case laid before them by the . Secretary of Scale. He hoped, therefore, the Noble Earl would postpone the motion till the proper inquiries should be made, in order to ascertain whether there was any such opinion in the Office. The LORD CHANCELLOR was not at present acquainted with the cases referred to; but if the Noble Ix nil would postpone his motion, he would take vire to inform himself. Earl GREY agreed to postpone the motion till Friday or Monday, expressing his doubt whether the cases referred to would be found to bear at all upon the stbject of holdi►►g to bail by Justices of the Peace, on account of such alleged offences as those stated in the circular letter. Adjourned. HOUSE OF COMMONS. The second reading of the Colliers' Wages Bill was postponed WI 4&s day m'oraght. Mr. H. SUMNER moved the second reading of the Christ.. Church Parish Improvement Dill, which was ordered to be com mimed on Monday next. Mr. S. THORN TON presented a Petition signed by many .Housekeepers of the Parish of Christ-Church , in favour of the Bill for enlarging the Burial Ground of that Parish. Ordered to b e o n the Table. Another Petition was also received, praying to be heard by VallMel against certain parts of the same Bit. Cokael WOOD rave notice that be should move on Wed. "sudsy the 7th of May, the second reading of the Bito legalise the Sate of dame. Sir S. ROMILLY moved that the Paper yesterday presented, eying a flit.. rn of the number of Perms moaned fur offences egaip.t the Chine Laws in England and Wales. be printed. Mr. IHA W LEI'EV IkE presented a Petition from Reading, In favour of acme measure for the better regulation of Stage- Coaches, en I seeming the lives of his Majesty's subjects. Or dered to lie on the Table. The Copper Tokens Bill was read a seco r acne, and ordered to be committed to-morrow se'nuight. Mr. t OKE moved for an Account of the number of Busbelej of Malt made lima Jana try, lel e, to January, 1617, in England and Wales. Mr. lAMB lON presented a Pension from the Parish OM acre of aunderiand, preying for some ateration in the Poor. Laws_, and stating , that act a Population not exceeding 16,000 in that Parish. 8,000 were Paupers, and that the Rates amounted Inmany butanes.* so ices. and in some talkie. in the Pomade-- The Petition was read, and ordered to be upon the Table. Lord MILTON presented a Pettlion from several Parishes in the West Riding of the County of York in favour of a Reform in Parliament ; and another from the Town of Kekarldge on the subject of the Poor-Laws, which were severally received. Sir RODER!' HERON presented a Petition from the Town at Great Grimsby, praying for a. mere equal Representation of the People in Parliament. Ordered to lie upon the Table. CLERGY REGULATION SILL. . Mr. MANNERS SUTTON remarked, that it was perhaps unnecessary for hitt, to apologize to the House for prefacing the motion which he was about to submit to its attention with a few introductory ob servations. 'His object was to move for leave to bring in a Dill to amend and consolidate the different Acts for regulating the Residence of the Clergy. —.. s In the first plaice, he begged leave. shortly to state what the course hitherto pursued by Parliament had been toward the accomplishment of that end, viz. the enforcement of residence on the benefices held by spiritual persons.. The Act of Henry VIII. what ever bad been its merits originally, or its ultimate ppctical inconvenience, remained in full force till the 43d of the present King. This Act, which was then substituted for the former Statute, was prepared by his Right Honourable and Le arned Friend, the Member for the-University of Oxford (SirW. Scott), and gave certain powers to common informers, which bad been perverted a few years ago into an intim mut of grievous injustice and oppression. To such pall extent had the system of persecution been carried, that Parliament felt itself bound to interfere by the extraordinary step of enacting, that all the existing prosecutions under the Statute should be suspend, and the temporary Act of the 34th of the King was passed. ‘. The clause by which it was made tempo rary, was not founded upon the consideration that the evil also was of a temporary nature, but for the purpose of affording a future opportunity of bringing the whole subject an the form of some general and digested measure before the attention of the House. This was expedient, both for the defence of the Clergy, and for the doe performance of their duties to the public. The Act of the 544 b was on the eve of expiring, the consergbence of which would be the seeltal; so all its parts, of the Act of the 43d, and the exposere saf the Clergy to all those hardships and Ineonventeneles from which it had been judged ne cessary to relieve them on a former occasion by a very unusual proceeding. Assuming, therefore, that it was not proper to leave the Law in its present state, onto throw the beneficed Clergy headlong into the grasp of common informers, be apprehended that it was still advisable to recur to the general principle and leading provisions of the 43d of the King.— Many of its enactments were excellent, and the country at l arge w as un d er the highest obligation: to his Right Honourable and Learned Friend for the success' with, which -he had executed a stupendous endertakiog. The measure which he was proposing to introduce fell very far short indeed of the labour employed in the preparation of that Act, which was the production of deep research, and of distinguished talents. Its author had undoubtedly been assisted in the execution of the task by possessing the entire confidence of that House, of the Clergy, and the Public ; and thirteen years' experience of its benefi cial effects had :hewn that this confidence bad not been misplaced. All the real inconvenience had arisen, not out of the Act itself, but of an extrava gant hose of the powers rested by it for a necessary purpose in the common informer. He considered that, by checking the liability to the repetition of that abuse, he should be furthering the end of the Act it self, and carrying into effect she intentions of the Legislature--(Heer, hear). If be could flatter him self that he bad now laid a foundation for the adop tion of some new proceeding, it appeared to him that there were in this view but two courses to be pur sued—either to revise the temporary Act of the 54th of the King, or to pass the Bill which it was his desire to introduce. The first was open to all the objections that applied to temporary laws ; and if, upon the general principle, such a system was deem ed vicious, it was calculated in this instance to pro duce particular disadvantages. It left the minds of the great body of the Clergy, who were men of retired habits, and living at a distance from the Ca pital, in an unsettled understanding of the existing Law, and under constant apprehensions that every Session of Parliament would bring some new altera tion. This change and uncertainty tended likewise to cast odium on their character, and create preju dices in the public mind, from the opinion that new Laws were perpetually required to coerce the Clergy, as if they were less zealous in the discharge of their duties, less correct in their habits, and, in one word, less professional than they were formerly. Although in his conscience he believed the fact to be directly the reverse, yet, when once this impression was re ceived, it opened a wide door to slandtr, and led to a disposition in many to hold up some particul.tr in dividual as a fair example of the whole body. He hoped, therefore, that his Bill would at least be exa mined and discussed, before the House resolved again to have recourse to a temporal); enactment; con ceiving, as he did, that, it possible, such a measure ought to be avoided. The Bill had been prepared in a quarter which must necessarily possess the re spect and confidence of the Clergy; he meant, that it had been framed by the Bench of Bishops, and he need hardly add, with that care and industry which might be expected from their stations, their responsi bility, and, a 3 he should say, from their peculiar fit ness for the undertaking. It contained not any new code of laws, although its object was not confined simply to the enforcement of residence, but extended also so far to the regulation of Clunks as to em body in one Act all the statutory penalties af f ecting either the beneficed or the stipendiary Clergy.— The Act of Anne, for regulating the stipends co' Curates, had been amended by the Mb of the King, which had been since amended in all its parts by the Act of the .53i. All the provisions of this latter statute were substantially intrad,uced into his 0111 for thE convenience of bringing the two subjects toge ther, and not for the purpose of legislating anew re. specting them. He hoped he had now said enough to shew the general spirit of the combined measure he had in contemplation. Its great principle was, as far as possible, to promote residence. So long, however, as pluralities continued, and men were sub ject to sickness or infirmity, some exceptions ranit be allowed; and one of the regulations of the Bill provided in such cases, that an absence thus occa sioned should be supplied by a licensed curate, with a remuneration adequate to the labours be performed, and the responsibility he incurred+ There were also wine additional regulations with regard to the occu pation of fat ms by the clergy, the law of which had remained in its present inconvenient state since the Revolution. Upon the whole, he trusted that, Whilst the measure would effectually secure the clergy fro* oppression, it would, at the same time, provide for the just rights and interests of the public, and that it would appear especially, that whatever could tend to lower or degrade the character of the former had been studiously avoided. If he should obtain leave to bring in the Bill, it was his intention to move that it be read a first and second time, for the purpose of then leaving the blanks open, pad printing it for the use of Members, till a day should be appointed for taking it into consideration. Pte believed there would be no objection to this proceeding, sad should there fore now move for leave to bring in a Bill to amend and consolidate the Acts with respect to spiritual persons holding farms, for enforcing the residence of spiritual persons on their benefices, and for the sup port and maintenance of stipendiary curates (truer.) General THORNTON signified his assent to the motion, but trusted that the laity were still to retain the power of interfering in the discipline of the church, whenever it should appear to be neglected. Mr. BABINGTON wished to know, as the sub ject was of great importance, what were the princi pal amendments of the existing law which the Ho nourable and Learned Gentleman intended to submit? Mr. MANNERS SUTTON felt some difficulty in at once answering the question of the Honourable Gentleman, as the alterations were of a nature to be best understood when examined in the Bill itself. With regard to the 53d of the King, the clauses pro viding for the support of stipendiary curates were differently arranged, but the principle remained sub stantially the same. Mr. BROUGHAM did not desire that the Ho nourable Gentleman should go through all the clauses an detail ; but if there were any prominent features of difference more substantial than the rest, it would be convenient if they were communicated to the House, as it was proposed that the Bill should pass through two stages without discussion. That would be a very proper proceeding, if she measure was one rather of consolidation than amendment; otherwise, some previous explanation appeared to him necessary. Mr. MANNERS SUTI ON replied, that the Bill would follow the course pointed out by the Act of the 4Sd of the King, and conclude by re-coactiag the provisions of the Act of the 58d, with regard to the allowances to creates; Mid as to the subje c t of farming.. would allow the clergy to take a farm to the extent of twenty acres, with license front the Bi shop, not merely with a view to the Sustenance of their families. but of enabling them to add to the convenience of their glebe Lauds The repletion • for enforcing residence had been abused by the former, not upon their substance, but their tatter; and with a view of remedying any intermediate in convenience, the Bill would provide for suspending all prosecutions for six months farther, after the ex piration of the Act of the 54th. For the purpose of guarding against any possible trap which might be tett open, the ecclesiastical year was made to begin on the Ist of January, and end on the 91st of Dc. cember ; and it was enacted, that all licenses for non residence should in future be limited to two years, always ending on the Slat of December. By this means, the Bishops, being always aware of the ex piration of these licenses, would enjoy a security which it was not easy for them to possess, whilst every separate license had a particular duration. On the stipendiary clergy, the alterations consisted in little more than in what might be called a dislocation of the clauses in the former Act. Lord EBRINGTON observed, that the expecta tion of this measure had excited much apprehension in the Clergy generally, as it was believed that it contained some regulation for enlarging the power of the Bishops, at the expense of the Parochial Clergy. This was one reason for not pressing the Bill over two stages without inquiry. He wished to know whether there was any clause enabling the Bishop to appoint a Curate, wherever he thought the duty was not adequately performed by the Incumbent.—(Hear, and sheering/iota Mr. Brougham.) Mr. MANNERS SUTTON said, there certainly was a clause of that description. He knew not what the cheer of the Hoiourable and Learned Gentleman (Mr. Brougham) was intended to convey, but the clause conlared no new power whatever, but merely provided a aht.rter process of executing what was already law. Mr. BROUGHAM meant not to impute to the last Speaker any wilful suppression of what the Bill contained, by his cheer; but was glad to have it un derstood by the House, that such an alteration in the law had been in the contemplation of the framers •,1 the Act. The B:11 was then brought in, read a first time, and ordered to be read a second time on Friday se'n night. On the Motion of Mr. M. SurraN, it was also ordered to be printed. Mr. GRATTAN was abont to present a Petition from aggrieved individuals in Ireland, but upon the suggestion of the Speaker that it sought pecuniary compensation, he consented to withdraw it. Mr. C. CA I.VERT moved far leave to bring in a Bill to amend the 39th and 40th of the King, to pre vent fraudulent practices in the sale of hops. He observed, that out of 285 instances in which hops had been used, thcre were 249 in which fraudulent practices had been detected . -- (Thar, hear,luar). • Leave was then granted, and the Bill was brought in and read a first time, and ordered to be read a se cond time on this day fortnight, and to be printed. SALT TAX. The CHANCELLOR of the EXCHEQUER mused, that a Select Committee be appointed to consider of the use of rock salt in the fisheries ; of the regulations respecting the staring of salt ; and of the duties on foreign salt imported ; and that they should report their opinions thereon to the House. The Whoa was agreed to, and the Committee were named. Mr. GOULBURN gave notice, that he would move tomorrow for leave to bring in a Bill for the regulation of Marriages in Newfoundland. POOR RATES. Lord LASCELLES rose, pursuant to notice, to move for leave to bring in a Bill to make Lead Mines chargeable to the Poor Rates. His Lordship observ ed, that it would not be proper to subject the adven. curer to these Rates, inasmuch as the Mines were matters of great risk ; all his wish was, to render the Proprietors chargeable to the Relief of the Poor.— An opinion had gone abroad, that he intended to charge the adventurer; but this be did not mean to do, If the House should permit him to bring in the Bill, he would merely move to have it read a first time, and that the second reading should stand over till the 19th of May. In the interval, the House would have an opportunity of considering how far Lessees would be affected by the stipulations in the existing leases for the payment of all Government and• parochial tares. Lord MILTON seconded the motion, and ob served, that though this Bill would establish a new law, it would not enact any new practice, as he had received information that, for upwards of 20 years past, the proprietors of these mines had been rated towards the relief of the poor. Mr. D. GILBERT gave his hearty concurrence to this measure. Mr. CURWEN said, that the proptietors ought to bear some part of the burden of relieving the poor; and he trusted there would be no objection to the in- troduction of the Bill. The motion was then agreed to t and the Bill was btougbt in and read a first time. Ordered to be road a second time on the 19th of May, and to be printed. EXCHIQUISR BILLS BELIE"' BILL. The CHANCELLOR of the EXCHEQUER brought in a Bill to enable the Commissioners of the Treasury to issue £1,500,000 in Etchequer Bills, under certain limitations, for the furtherance of Public Works of utility, the encouragement of the Fisheries, and the employment of the Poor, for a limited time, securities being given for the repayment. Read a first time, and ordered to be read a second time on this day se'onight, and to be printed. )1111C/iLLANEO US. The second reading of the Scotch Lunatic .Asylum Bill was Pilletiq Monday nest. a BROUGHAM presented a Petition from the United Finleges of St. Mary Aldermary, and St. Thomas the Apo,tle, =the London Tithe SW; which was read, and orilercd to che 'fable. Mr. BENNET moved for a Return of the number of Writs lodged with the Sub-Sheriffs of Dublin for the hut three years ; et the number of Special Juries summoned during that time; lied for a Copy of the Table of Fees taken in the Siterirs (Mist. Ordered. Mr. BENNET then meted for a Return of the number of Per sons, Maim and Females, distinguishing those who were under twenty-we years, that had been - transported to New Smith Wale, since the lit of January, slit. Ordered. Mr H. PARNELL moved, that a Select Committee be ap pointed to examine into the state of the Roals between London and Holyhead, and to report them to Use House. Motion granted, and the Committee named. Tke Clerk of the Peace Fees Bill was read a third time any pasta. _ _ The Window Light BM was read a third time, when a Clauk was added by Mr. LIMIINGTON, by way of rider, and the Bib was pav ed . The Life Annuities Bill Wah likewise passed. NMLAISIIINGII)I4 broogitt tit State Lottery Bip , erhtel wu read a Ant time, asd ordered to to read a second tim e 1 , morrow. The House then went Into& Committee no thePutfes-"r117..i V7htat, and the Report was ordered , o he reserved to-r , ml r ,. The other Orders of the Day were tarn di-posed et. sne HOuce Adjourned. LORD SIII,IPATTIPZ% CZ! CULA. At the Lancaster Quarter Sessi.,,,, held (U m . skirk on Mondiy last, It. Gwyr.Lin. Esq. the Chiir, man, communicated to 'he r st or she Mai:, von on the Bench, the Circular Letter of Lord Siorrntra to the Lords Lieutenants of Cow:ries in EnKla.,.l Wales.—On the petug,tl of this lett , T. Colone: LIAMS remarked, that the medium threngh rsh•ch was communicated to the MA gistra ;vivre iced rattitv extraordinary, as the Lord Lie.l.evant was n050 t .,7 the military and not the civil head of the tonsil • li d remarked also, that the le:41 anetorities rrterrcd s tt by his Lordship, as having saner;oned the proctsreivo l of Government on this sehject, v e7e assuredly et.' tionable, as these law sAcers must he immediately under the influence oi the Cs... • d that the Judges, from their dent were the proper authorities so s n MIT question of national policy. He pr,i t s..,„,l t a reply should be sent to the Secreiiry of Star'.., drough the Lord Lieutenant, purporting that the onagis.r.ter of this county were perfectly aware sit !arts,- and would have been roost ready to cutris.moe tireir efforts to the preservation of the peace of cot even though this express recommendation hol not been sent ; that they were also perfectly acquin.tel with the just rights and prerogative of the ext‘titit, power, and would always Le found not less rtaoy is support every_ just exercise ol its authority, tls:.l to maintain and defend the rights and privileges people. Alter a short debate, Colonel WILLIAMS'S propojtion was negstiveil. OPINION of the LAW OFFICERS of the CROWN, rd. itti to in the CIRCULAR I.l'l' I F.Rizona Viscount tiluktit; I 0 to his N!rjesty's Lieutenants of Counties to England and Vit.,. dated Otis Match, I or:. g. We are of opinion that a warrant may he finned va trie t . bend a prty charged on oath f.,r publisto..g ahhel , etz'tvr t. t,.. e Secretary ..t Sta...e, a Judge, or a Jubttce of the Peace. *. With re•pret to the secret 4ry of state ot the ca..e of F. 0,1 9 Carr , nston, as reportud by Mr. Hargilive, ci,h a l e w re ot c.rittion the warrin.a which were that the s.d.;ett.ll,. cumitin wrre iarral, y. -t Lord Carnd declat.-ti, anti in re!.tri he stated t'o other 3u.letra 4,lreed wttlt him, that they were to adhere to to.- o...rrmitiattoo t: t Queen e. Denny, ..a.I v it sing e.Eatlntry, in both of w hichca-es it h -dicta hootrn, ti.;! it was competent to the Secretary of Stare to hts..e a w.trate:•T the apprehension of a person charged with a nand...lw. /:,ti • Hoy. hbel ; and that they, the .!tidgts, had no riLht w ev .1.4% tbotedecitiona. " With respect to the power of a hedge to issue it , ;!l-s7tr-t, it appears to us that at al! rVelltS, UlieCt the ware 4 is Geo. lit. ch. SR, a /edge ha• such rower, upon an 4 1 '2r h l :4 made in pu-snance uf that Act; a Jn !7.e wuuid prebtY.; that it shutild appear to be the ftwereee- of the Atc.rrep.i.e.:. ral to ele an information against the person :hurl " Wi'h reepe r ct to a .I:..tece of the Pratt the O.:A:Wiwi of 7! . .1 Court of Common P.eas in the case nt .:Lees 101 almae is to this. -the. Jibe! is r.nt each an odr!sel b.r4d o. :u peace as to deprive a 7lember of l' , -tiametet ut his itt t.t. k r"( Parliament, or to wArrant the e'es...useing sterele-te ..e from the defendant; h;.: ...tee.:e is no deesion or le; 'Hem r•. a !mice of the Peace might not apprehend any person we it ri. alleged, arid dreaded bail to to gi ten to anrwer the than... " It has certainly be—;, the opinion ..e° one se cur awe: predecessors that such warrants .pay be ..t•aa and ,:•• by Juot:ces of the Peace. as appears b, the CrI.CS vi i .pence cad Alexande r Hogg ia :al y ler I aot. We at::, .: opinion, and tharefore think that a Junky of the Pe: r issue a was rant to apprehend a person charged by Infos:mat. • oath with the public:aim of a scated.lous and sedlth.Ji Vb.:, aid to compel him to give bail to answer such charge. (iiene.4 " w. ease I'7. " Lincoln's Inn, Feb. 24, 11117." " a. suetest.z. THE CASE OF MR. JOHN Witr(;:f?. A considerable sensation has been made i• quence of the legal proceedings aga.nst Mr. 1 . Wright, schoolmaster, who has lately delivet gious lectures, and held meetings for public worl on Unitarian principles, in the Long-room, Mali:. street, Liverpool. On the Saturday following his first exNbitier, Mr. Wright, attended by his professional frie! Ji, again appeared at the Town Hall, on the subje c t ci the registry of the Long-room in Marble street, stated to the Magistrates that he had been at Chester, and on inquiry at the Registrar's office, found, to his surprise, that the registry had been kept in so lime and irregular a manner, that be could acct trace ts registration of the room in Marble -street; but :hough he could not find any written, he had Lucc-dee .5 obtaining parole evidence of the fact ; and Ar. it.- bert Weston, on being called and sworn, d. Fes. _ ', that between the years 1796 and 1798, a certitic.c of the registry of this room- in the Bishop's Cour 4t Chester was obtained by a congregation of Kibilva illethodiae, of which community he was and still's member. This certificate was placed in the hands of Mr. Lionel' p,:cial, wilo is since dead, :tad document itself was not to be (cond. After tnc cco tificate was obtained, the congregation nut for sor' time in the same room, which they quitted oil :11 erection of Zion Chapel; and that the roan cis afterwards occupied as a place of religkus by several other congregations of Prctstaut uisstc* ters, up to the year ls!ti, k hen the new cnnecsil or Killiamite bletlicili:ts again preached ;n it ;.1 114 their own chapel was undergoing alterations. The Court, without questioning the tcstimenri Mr. Weston, held, that it required the place t.sbe registered a!res!) f , )r .every new congregati , tt considering that Mr. 11 right hid erted nal:y, two of the itformatior.:i were withdrawn. ad on the remaining, information he was convict. l in the mitigated penalty of fikis. Again* this t- 1 viction the defendant appeal !d to the Quart.l o(s' sions, and tile hearing was arpointed for last Saturiar. At ten o'clock on Saturday manning. the 01 r, assembled to hear the appeal, a nd i n short Town-hall was fitted with a very respectable Mr. Laurie having stated that he appeap:d n';'• port of the conviction of Mr. Join W'right, who Nisi; been fined 295. for preaching in a room wither: certificate of registration, called Mr. Camp!':ll to prove that be let the room to Mr. Wright and Mr. Rees Davies, to establish the fact that Mr. WOO,' bad, at the time specifi e d i n t !. e conv i c ti on , !nod" in that room. The To•rn Clerk was examine(' prove that Mr. Wright, when the cenvictiA place, produced no certificate of registration. elr• Ward, the Deputy Registrar of the Bishop's Cet!:t st Chester, del.,ned, that he had searched tae of the Court, in order to discover if any cett;ficate registration could be f oun d, b ut t h at h e h a d scoo t'''' vain. The witness admitted, however, that pre* viously to the time when he entered upon his pre.;:3 (.;