Star.
London, England, 1802-06-01 00:00:00

SCOTCH MILITIA.

The Scotch Militia Bill was reported. On the
motion that it be read a third time onWednefday,
Mr. Exi.aor role and oppoled it with great
warmth. He lamented that he had not known of
its being in the Houfe, as he certainly fhould have
o')jeaed to it in every Rage. He difapproved
highly of thus increafing the numbers of the Mi-
litia. In the prefent circumftances of this country
and of Europe, a large local force was compara-
tively of little ufe, and it would be much better to
reserve our population for the recruiting fervice.
The Militia wcre a garrifon that could not make
a tally for their proteaion. He particularly ob-
jeael to the pow.;r given to the Crown of calling
out 4000 men in addition to the Boco, on any
emergency. This was cutting up the recruiting
fervice by the roots, at the time it was moll ne-
ceilary to procure recruits. Scotland Inrnilhed
the braved, hardieß, and bell behaved foldiers in
the army; but in future all thole inclined to a
military life would be idle at home in tome Mili-
tia Corps.
The Secarraxv at Wait laid the arguments of
the Honourable Gentleman went againit the Mi-
litia altogether. If our Conflituttian and our Fi-
nances would permit, he allowed that a large
(landing army might, for many purpofes, be more ,
lerviceable ; but, confidering the many °Nees we ,
had in view, betides military Brengel), a militia!
was preferable, and had always been preferred.-1
He regretted that the fyftem was fu late in being
extended to Scotland. In former wars Fencible
Corps had been railed in that part of the Ifland,
who were not fo ufeful, and who impeded the re-
cruiting of the army as much. He was willing to
allow a high degree of military ardour to Scot-
land, without however any difparagement to the
two lifter kingdoms ; but, if it was fo military,
t 2,000 men (the greatelt number of Militia that
could at any time be railed) would not prevent
the regiments of the line bc:ng recruited from that
country. It was unfair to reafon from the difficul-
ties which had been experienced during the pre-
fent war, as at the beginning of it we had fearcely
any army at all, and as the belt means, he had no
difficulty in laying, had not been taken to form one.
Mr. WINDHAM oblirved, that he concurred en-
tirely with his Honourable Friend as far as he
went, hut he himfelf fhould go Rill farther, and
exprefs, unequivocally, his dilapprobation of the
whole dlyive Vent. Inilead of the Militia, who
were of little ureto us in our infillar fituation, he
would have a Standing Army; fit for all purpofes.
He did not fpeak of the Scotch Militia, but lithe
Englilh Militia too. At all events, if not utterly
abolithed, he fhould wilh to fee them very much
fhort indeed of what they had been of late years.

The Bill was then ordered to be read a third
time on Wednefday.

POLICE BILL.

On the Motion for the Commitment of the Po-
lice Bill,
Lord W. Ru suit. laid, he had very great ob-
jabot's to it. But as he was not fanguine enough
to hope that thole objections would prevail,he pro-
poled as an expedient which would leffen their
weight, that the MAgiftrates, like the Jndges,
thould hold their offices—tuamdig fe hew gsfiript.
The ATTORNEY GENERAL oblerved, that the
proper place to make this propofal was the Com-
mittee. He Mould not now difcufs it, but he law
very great incoaveniencies which it would produce
if adopted.
The Houle then went into a Committee, and the
falaries of the Magillrates were fixed at cool. a
year, and the wages of the Melfengers at t6s. a
week. The report on Wednellty..

1E5106110E Of THE CLERGY.

Sir WM. Score moved the Order of the Day
for the Houfe to refolve itfelf into a Committee
to confider further of the Report of the Cominit-
tee on the Clergymen's Non-Refidence Bill. Upon
the quellion for the Speaker's leaving the Chair,
Mr. SI M EON laid, that however much he might
feel hunfell unqualified to oppofe the arguments of
the Learned Gentleman who introduced this
he thought it his duty to refilt a meafure'which
tended not only to dedroy all former Statutes, but
alfu entirely to change the Cotillitution of the
Church, by lodging an enormous power in'the
hinds •of the Ilithops. The Right Hon. Gentle-
man who brought forward this meafure, had pre-
faced it with an account of the profligacy of the
Clergy, and other caufes which led to the forma-
tion of the Statute of Henry VIII: and had then
concluded, that-as this profligacy had ceafed, the
Statute ought alto to be abrogated. Bt.phe flionld
recolleZl, that the Statute had been approved by
the molt eminent characters—Lord Coke, among
others. After it had reformed the abufes it had
been framed to check,. it was always looked upon
as an excellent preventative of the recurrence of
abides. • The rigour of tht. Statute had been com-
plained of; but it was to be remarked that this had
Kneen gradually abating, and the lapfc of time had
entirely thrown iu influence into, the reale of the
offenders. It was in fart even at hat a mitigation
of the CanoWlsaw, which under the fevereft• pe.l
nalties prohibited Pluralities, and enjoined reft-
denee. Before. .therefore removing thit, Statute
on account of its rigour, it was to be confidered
whether the Canon Laws were not !till in force,
and ready on the removal of this fuhtlitote, to re-
turn with tenfold rigour. He owned, that the
new Bill proxidedta very good remedy againd fe-
verity, but this was joined to a degree of power
placed in the hands Of the Bilbops, which ought
to be Urenuoully refifted. It gave an enormous
I I* •

jeaed the inferior Clergy, if net to aaual Leery,'
at lea( to a very improper degree of influence. It
was alfo improper to (ketch the idea of perfonal
, accommodation beyond the limits prefcrtbed by
the Laws of the Land. No infances had been ad-
duced to prove that the penalties of the Statute
had been made to apply to cafes for which they
were not otiginally intended. Ore inflance, in-
deed, had been adduced, where the Clergyman
was condemned to the penalties of the Statute for
not retiding in a houfe not inhabitable. But he
mull beg leave to queflion the propriety of this de-
cifion, as fuch a cafe could not be tualy conftrued
into wilful ablence, and confequently did not fall
under the provifions of the Statute. With regard
to the Mule in the Bill, which allowed a greater
degree of latitude to Clergymen in the article of
Farming, he contended that if it were adopted, it
would (tiredly tend to fecutsrize the Clergy; it
would completely alter their fituation in fociety.
By the vatting Statute they were allowed to
cultivate a glebe, and likewife a farm under cer-
' tain reftriEtions ; and this was as much as could
be allowed confifently with the icatitutions of
the Church, which were founded on the Gofpel.
But the provilion held forth in the Bill as an en-
' largement of their privileges was in reality an
abridgement of them. It took away from them
the tight they formerly poffeflid of cultivating
their glebe, and allowed them in place of this
right, a licence from a Bifhop. The licence might,
indeed, be more extended, if the Bifhop chofe it,
than their right had been; but there was 4 great
difference between an independent right, and a
1 dependent licence. It was wrong to place to great
a difcretionary power in the hands of an indivi-
dual. Bilhops were men, and would Well an as
they had done in all former times ; tome would.
make a proper ufe of their power and others an
improper. If the Clergy were thus forced to de-
pend on the favour of a Bifhop, their political
freedom was for ever 1011. With regard to the
claufe which allowed a greater latitude of non-re-
fidence, he Paid, that this was far from being a
proper remedy for the diftreffes of the inferior
clergy. As loon as the finances of the State would
allow it, he fhould be happy to fee a large addi-
tion made to Q2een Ann's bounty, in order to
refcue a learned, worthy, and laborions dais of
men front poverty. This was the true remedy that
ought to be applied, and not the encouraging plu-
ralities by allowing
.greater latitude of non-refi-
dence. For if an increafe of pluralities and a
greater latitude of non-refidence were allowed,
what would become of religion? 4 fermon en
Sunday was far from comprehending the whole
duties of a clergyman; he was alto fill more bound
to initial& the ignorant in the principles of reli-
gion, to comfort the unfortunate in the hour of
affiaion, to raife the defponding heart at the ap-
proach of death, and to promote the interehs of
morality and religion by the example of his life
and converfation. The immediate drat' of non-
relidcnce would be to divide the pittances of the
clergy into fill fmaller portions, by halving them
with curates; and infinitely to increafe the. number
of poorer clergy, by the multiplied curacies that
mint inevitably attend on the multiplied pinrali JI
-
ties. Mr. Simeon concluded with laying, that
although he could not cape& that his arguments
lliould have fuch influence as to carry the Houfe
along`'witli them, yet he was &tithed in having
brought the fubjea into difcuffion, and called the
attention of the public to a matter of fuch '
portance.

The CiIANCiLLOR of the Exentoarait raid, that
the arguments of the Hon. and Learned Gentle-
man applied rather to certain claufes than to the
principle of the Bill, and would therefore come
better in the CoMmittee. As the objc.ll of the Bill
was to proteet a moll refpeaable dais of men from
vexatious profecutionc, and as it was prepared and
introduced by his Learned Friend from motives
which could fpring from no other foorce than a
Itrong fenfe of public duty, he. trufted the Houfe
would not ad fo ungraciouily as to refill its progrefs
in this late Rage. It was not a tneafure obtruded on
the Houfe. but one which was called fox by the al-
molt unanimousfentinhent ofttie Hot fe itself. anti by
the voice of the belt men in the countri, who felt for
the fufferings of the clergy, and thought it iiccef-
fary to make comfortable provirson fur the lower
clafs, of whom he thougbt highly. ;lath, the Concur
red with the Hon. Gentleinan ; and he regrcaed that
it was impo tale is the courfe ofthisSe ffion to arrange
that bonnet's, or to combine it With this Bill; which,
in fad, was only a isart of a great fyftcm in con-
templation refpefting R..ligion and thb Clergy,'
who as a body. were from their conduit, and par-
ticularly from the principles they had manifelled
sning•the laft nine or ten years, llrongly entitled
to the refpelt and approbatim of Parliament.—
Gratitude therefore ftrengtbened the claims of po-
hey and jultice in favour of thole among them who
pottered inadequate revenue.—No money could in
his opinion be more ufefully applied, than to the
relief df fuch men ; to promote religion it fell, it was
wife to make jtc- Mintacrs at leafl independent—
that religion, without which, however we might
rely on the ability of our ltatefmen,or the courage
of our warriors, it would be vain to look for na-
tional tranquillity and liappinefs—without it, our
fecurity would reft isiion a rotten balls. In order,
therefore, to forward the interefts of that valeta-
Me blelling, it was intended to increale the places
of public worfhip in thofe diftridls, where the po-
pulation had increafed, and by giving a compe-
tence to all chilies of the clergy, encourage them
in the exercise of their duty.
Mr. M. A. Tavtoe obferved, that all this might
be very proper • but he did not wetly fee what
it had to do with the prefent bill, and he certainly
Mould not be led away by fuch mifplueod.oratory.
Instead of amending the ftatitte of Henry VIII.
he maintained that this bill virtually tepealed it.
He had the honour to be in habits of intimacy
with many of the Bilhops, and he believed them
all to he honourable men ; but he would not en-
fruit this power to any fet of men, fu circum-
flanced. The, Refidence of the Clergy would not
be enforced. The Bilhops, like all other men,
mon be fubjeet to influence, to partiality, and to
prejudice. Duties were much fairer judges of fuch
IT

and that the governMent of the church fhotsld he
left in the heads of the church. But bad not the
law flood as it now is from the time of Henry
VIII. for near three centuries, and while Lord
Coke and other great lawyers had commanded it,
it had not been complained of by a tingle divine.--
Who paid the Clergy f The laity. If he gave
poi. a year to a miniller, ought it to be with 4
Bilhop to fay whether he ought to have a minify
or not i There were many cafes of non-relidenee
defers ing of exemplary puniffiment, but the abut-cc
would not be corrcicd. The beneficed ploralla
would (till have pantiles they had never feen, while
perhaps, thole who were poor and independcE
would be oppreffed.
' The Masi. cr. of the /tents obferved, that the
objeftion of the Lilt Speaker to this Bill was, that
it would virtually repeal the flatute of Henry the
Eighth ; while his objeEdion to it was, that at did
not totally repeal that ltatute—st Itatute which,
from its nature and charatter, mutt bo wholly in-
efficient or intolerably °poi-drive. It did not pro.
vide for the residence of the Clergy by the coa-
Randy operating fuperintendance and infpeetioa
of any refponfible perfon, but left all to accident
or the caprice of an informer, inflead of Yelling
that power in the Bifficps, which the Bill before
the Houle very properly did--of enforcing or
difpenfing in certain cafes with the refidence of
the Clergy ; a power for the faithful and wife exc-
eption of which a
the Houle had fufficient guarait.
tee in the high and enlightened charaers of the
BiNops of this country. If the statute of Henry
the Eighth were to exit} ever fo long, it would
only be executed by fits and flans, for it was the
inlereft of the informer to allow a haryea
crime to be colleadl before be began to reap ; and
if it was never executed at all, if it lay dormant
for ever, there was no one to charge with neglea
of duty but the common informer. The number
of prolecutions tome time fince for non-refidence,
which an Honourable Gentleman bad argued
upon * a proof of the neceffity for the Statute of
Henry the VIII. he thought rather more a proof
of the inefficiency of that law. The Bill before
the Hotife very properly propofed to do away
the unzootrouled jutifdillioo of the Courts of
Law in thefe cares, and to transfer the Govern-
ment of the Clergy to thole who were entrulled
with the Government of the Church kirk: The
Courts of Law could only enforce the mere
corporeal pretence °fate Clergyman. He would
fuppofe a cafe of two Clergymen before fuch a Tri-
bunal, one of whom could prove that he flept it 4
the parfonage-houre—no matter how' web he
might have. 'negleaed his duty,' lie would
quitted z—while another who had faithfully 'exe-:
cuted all tie duties of his ttuatiim, Wit 'Mould 4-
pear that he flept only three doors from his parr
would be feat away loaded with penalties. 'What
Monfirotis injull4e ! What an ablugity in Legit;
lation I What, he would alit, would the Houle
think of the prcpefition of a law to enloree the re-
lidence of the OffiCers of the Army or Malty, by a
trial in a,Court of LAW Z. and why 40u1t.1.00t .the
Clergy have the regulatnah of their 'Own 44iPling
as well as other proleffions f—He law no—reafoli
againfl it. It was fo in the Scotch Church, ind yd
the Clergy there were not charged with the ieglea
r of their dutf.. 'He hoped to fee the daz when not
a vestige of the' Aft of Henry tbe'Eightli would
remain ; even if it were -efficacious, h would be
degrading to the chat:aaer of the Clergy to allow
it to exist. By that teak Of legifiation, the Cler-
gyman was placed in a world 'fituation than the
(muggier ; the latter could not 'hi; profecuted at
the mere will of an informer, the 'esa,ufe mutt be
previoully reviled by the Officers of tile Zcvenue ;
but the Clergyman was entirely at the ftic?4Y,
the qui tam informer. From there confiderattons
the Right Hon. Gentleman was induced to fupport
the prelent Bill, which' Was ao experiment to try'
I whether the Clergy could not attend to their duty
without the interference of Courts of Law ; and
without lubje&ing them to the yifitation of Qom-
mon informers.

Mr. M. A. TAYLOR faid a few words in expla-
nation, relative to what he obferved regarding the
statute of the Sad of Henry VIII.
The ATTORNEY GENERAL fupported the motion
for recommitting the Bill ; but declared, that if it
should conic out of the Committee without corgi-
derable amendments, he would not feel dill:ruled
to favour its ultimate adoption. He was aware
that the complaints of the Clirgy againft the Sta-
tute of Henry the Eighth, were iii come degree
juit ; but of this he was certain, that a great deal
of clamour arofe our of a few cafes' that were
harfh, which produced a Bill to protest many other
cafes that were not harfh at all.

Mr. WINDHAM confidered the aft of Henry the
Eighth as difcreditable to the church, for by giv.
in g to the Civil Tribunals the power to enforce dt•
residence of the Clergy, it pallid an indired cen-
lure upon thole who were at the head of theChurck
eftablifhment: It was a. departure from the pra:Etice
of all other profeflions,and of all other Chi Man
Nations. He was unwilling to expofe the Clergy
to prakeutions 'in:Courts of Law. There was a
fpecies of baiting to which he was not an enemy,
(a laugh); but he did not With that bull-dogs in
white wigs and black gowns fhould be let at the
Clergy to bait them. • It was faid, that the Bill be.
fore the Houk would reduce the Clergy to a
!late of flaverr—for his part, he would not like
to fee the Church democratic, and therefore he
could not think It very revere on the lower C!erg).
to be is fttbleftion to their Bilhops, and obliged
to attend to their clerital duties. .

The quzilion,'“ That the Houfe do now refo!re
itfelf into a Committee," was then put and carri..d.
the Committee n number of difficulties Arcl.c.
as was forefcen and Rated by Mr. Addington,
from the Chairman reading the original Copy.
whilß the amended Dill was in the hands of the
Members A converfation of a moft defulto?y
nature enfued, in which moft of the Members who
fpoke wets: at leatt twenty times on their kg,.
We'can only touch upon the principal points in
debate.
On the claufe which e xempts elerg men, a,gaina
whom verthas had been obtained, from the, pay-
,ment of any thing more than a fink penalty cf
wed-At swith. enec tt.sa_nov.kaitts,..A.4l..• .h.

W

T.
In
be
IPC.

ain't
Pay;
:v

tchich, in many cafes, would amount to five times
the penalty. After much difeu Ilion, it was agreed
that the words " with colts," fhould !land part of
the 13,11.

On the eaufe for allowing Clergymen to farm
44 in virtue of a licence duly figned by the Bithop,"
a warm debate arofe. Lord W. Rut&ll was
againit the claufe, as taking from the Clergymen
the rights which they held under the Ad of Henry
VIII. and leaving every thing to the difcretion of
the Bithop. He was tlipported by Mr. Caleraft
and (event] other Members. Mr. Addington Paid,
that it was not intended to deprive the Clergy of
any thing, but, on the contrary, to give them
new powers under the epifcopal licence. Another
unction then arofe, a, to the point whether this
licence thottld be revocable by the Bifhops ; and
is fn, whether the leafe granted to fuch Clergy-
not be do fa& cancelled?
psoduced a long canverfation, in which
eat Maher of the Rolls, Mr. Simeon, Mr. Gre-
gor, Mr. Ellifon, Mr. Evan Law, Lord W. Rut
tell, Hon. Dudley Ryder, Mr. Bragge, the At-
*rimy acneral, and a great number of other
Gentlemen (poke. It was agreed by Mr. Adding.
ton, that the daufe was imperfeCtly worded, but
he was of opinion that the defeat might be cured
by a provifo. Under ;kis imprefllon the words
were allowed to fland.
Sir IV. Scorr moved as an amendment, that
nothing in this Aet thould deprive the Clergy of
any privilege which they held under the Alt of
r enry VIII. This motion was agreed to. Af-
ter Lome further difetiffion, it was moved, that the
Chairman report progre's; which was carried, and
the dtb.iie adjourned till Wednefday-
The Houfe was then refumed, and other orders
of the day deferred.
adjourned at Twelve o'Cirick to Wednefday.