Star.
London, England, 1821-02-16 00:00:00

COURT Or SESSION IN SCOTLAND.

On the motion of the LORD ADVOCATE, the
Order of the Day was read for the House resolving
itself into a Committee of the whole House on the
Court of Session Acts. The Learned Lord said, he
would detain the committee with a very few obser-
vations. The Bill had been brought in agreeably to
the recommendation of the Commissioners for in-
Cuiring into the Regulations and Fees taken in the
ourts of Scotland. It was the object of the Bill to
provide stated and fixed salaries for tke.Clerks of the
Courts, to be paid out of the Fees Fund, and to make
provision in case of any deficiency of that fund. The
Right Hon. Gentleman was proceeding with his
observations, when

Mr. J. P. GRANT rose and said, that the Right
lion, Gentleman seemed to carry the Bill through
the House in too great a hurry.
The LORD ADVOCATE said, that it was not his
with to hurry the proceeding ; the Bill had been
before the House before, and now came back with
improvements.
' Mr. BENNETT said, if the salaries for the Clerks
were not on the most moderate and reasonable scale,
te should feel it his duty to take the opinion of the
tommittee on each 6f the Resolutions.
The LORD ADVOCATE said, he would satisfy
the Hori. Member that the salaties were not more
elan adequate to the trouble.
lhe CHAU:6IAM then began to put the Resolu-
tions, when
Mr. CREEVEY objected to the whole proceeding.
lie said,' that the business before the Committee was
to be found in the Orders of the Day, and it was the
usual course of proceeding that the notices of motion
should take precedence of the Orders of the Day.
• The LORD ADVOCATE observed, that when he
moved for the House to resolve itself into a Com-
mittee on the Bill, be did not see in his place the
Noble. Lord (A. Hamilton) whose notice stood first
en the list, and rather than that the House should sit
without any bUsiness before it, he had moved the
Order of the Day, and 'now wished to proceed, as the
movie the Resolutions could not take up much time.
' Sir OBERT WILSbN said, that his Hon. Friend
(Mr. - Levey) made no objection to the Bill before
theteammittee, but he understood his objection was
-tp &order of proceeding, and he (Sir Robert Wilson)
, .
. agreed with him that the notices should take prece-
dence of the orders.
• : TgcHAIRMAN observed, that the House had
, •
..);
...„, 'me opoccupie , and he thought the Learned Lord
- wits perfectly stified in the course he had taken.
Sir JOHN NEWPORT urged the objections made
by Mr. Creevey and Sir Robert Wilson.
Lord CASTLEREAGH did rot see any ground
for the objections made on the other side to the pro-
gress of the business now before the .Committee. His
lion. and Learned Friend had not moved the House
to resolve itself into a Committee until after five
eelock, an hour at which, as everybody knew, it
was not usual with the House to sit, without any
business before it, in expectation that Hon. Members
'woad come down.
•: Sir' JOHN NEWPORT said, that Honourable
. .

Gentlemen had not come down that day as early as
ttlusil,-in consequence of the understanding that two
ftmmittees were to be balloted for, but one ballot
• sp.pltirad taken glace.
s.:YI• • Ir' Mr. CREEVEY said, he should waive all objet.
tion, ilie,v2tse to undesetand, that after the business
• befefe the Committee were disposed of, the House

'lt •.•

" *Air toArrOceed with the notices in usual way.
• 44. ITrre ORD ADVOCATE said, he had no objec-
tion to withdraw:the proceedings, if it wpre the plea.
• le „in,sh'otthe Committee.
• t,
..11,A.C)?atrapan of the Committee put the Resole.
•)f,, .retious rersaik 4E41 went through the Committee,
". -had ihelippoti was ordered to be received to-morrow.
THE BOWDITCHES.

Mr. WARRE began by observing, that he conti-
anted is hold the same opinion still which be enter-
tained At the time he gave notice of the motions which
he was then going to make. 'The circumstances of
Ate question, to which he would sOlieit the attdation

of the-Home, bad been IcnOwn'to-ill Wbo were klthe
itabieef itioittng into the public Newspapers—ha
meashte trial and conviction of the Bowditches.--
He should, however, notwithstanding their notorietf,•
1161 V Witty notice the fittio:for'the purpbsaof his mo-
I don. In that case, ten individuals were indicted for
a consitiracy.aactforsible abduction of a young Lady
named Maria Glenn. They were tried for the clyitrps
on the iiidenei ortlfatleady, and the Special Jury,,
before whom tbeevidence was given, returned, through
the month albeit-Foreman, a verdict of Guilty. The
consequence. shis; that they were sentenced to a very
long term of idirlionment. They subsequently made
a motion in the-Court of King's Bench for a new trial,
and affidavits were put in by Mary Whitby and Maria
Glenn, which- induced that Court to discharge the,
Rule for the' ew trial. It was on these affidavits that
the perjury was assigned, for which these females were
,afterwards tried and found guilty of the grossest sys-
tem of perjury that was ever practised. On the con-
viction of these females, a professional Gentleman,
whose humanity does him great credit, he meant Mr.
Harmer, drew up a memorial of the case, and pre-
sented it to the Noble Secretary for the Home De-
partment. Notwithstanding, the ten remained in
confinement until the expiration 'of the term of their
punishment, in November last. The consequence
was, that the mother, infirm on account of her age,
had been destroyed inkier health after twenty months
imprisonment, and the son was ruined by the heavy
expenses. Taking all the circumstances of the case
together, he thought it a fit subject for the considera-
tion of the House. He was aware of the inconvenience
.of entertaining a subject of that nature in that House,
but it appeared to him reasonable, that some com-
pensation..should be made to the parties; not only for
their sufferings whilst in gaol, but also for the pecu-
niary loss they sustained in the first trial, and in sup-
porting the motion for the new trial after. He should.
lastly observe, that the parties remained in confinement
for five weeks after the prosecutots were convicted
of pen jury. The Hon. Member concluded by moving,
that there be laid before the Hciuse a Copy of the Pe-
tition presented on the part of the Bowditches to the
Home Department in the month of October last.
Mr. CLIVE applauded the motives of the Honour-
able Gentleman in bringing forward this matter, and
commended the manner in which he brought it be-
fore the House. He was desirous to afford every in-
forthation in his power on this subject, from which it
would be seen that the Petition had not been neg-
lected by his Majesty's Government. In the trial of
Mary Whitby and Maria Glenn, as alluded to by the
Honourable Gentleman, the perjury was proved so
clearly against'them, that the-Lord Chief Justice re-
commended a Memorial to the'llomO Department,
which was accordingly drawn up and presented in
October last, the original trial and sentence of the
Bowditches having taken place in 1819. In conse-
quence of the representation of the Lord Chief-Justice,
to whom application was immediately made from the
Home Department:en the subject, Mrs. Mulraine was
discharged from prison,the Royal pardon being
granted her. One of ie Bowditches had already'
suffered his term of imprisonment, and the other two
were not at all affected by that part of the evidence
on which the perjury was assigned against Mary
Whitby and Maria Glenn. It did not, therefore, ap-
pear proper to interfere with their punishment. The
evidence against them for having forcibly carried
away Miss Glenn, remained undisturbed and un-
shaken. lie hoped he hid given satisfactory informa-
tion on the subject, and such as would obviate the
necessity of laying the Petition before the House.
Mr. WARRE said, the Public regarded the mat-
ter in a different point-of view from the Honourable
Gentleman who had just sat down. For himself, be
could not see how any distinction could be made be-
tween the different members of the family. He cer-
tainly did expect opposition to his motion on the
grounds alleged.
• Lord 'CASTLEREAGH said, the question ap-
peared to be with respect to thorthree remaining pri-
soners. One was released from prison on the appli-
cation of the Lord Chief Justice ; but he did not see.
that, because the Lord ChlefJustice had made favour-
able representations in her behalf, the others were to
expect to be discharged also. He trusted the Ho.
now able Member would see the propriety of with-
drawing his motion, upon the understanding that the
application, addressed to the Home Department in
October last, did not at all tend to exculpate the two
800-ditches then in jail.
Mr. BENNETT said, that the two Bowditches in
question had been branded as conspirators, and con-
victed as such by•the grossest and most systematic
perjury ever exposed in a Court of Justice. The fact
was, that all of them were innocent of the whole of
the crimes with which they had been charged, and
did not deserve any of the punishment they had suf-
fered. He therefore was anxious the House should
know why they were not all discharged from prison
when the representation alluded to was made to the
Home Department.
Mr. BANKES said, he bad been well acquainted
with the matter, -and could assure the Hen. Gentle.
men the impression which had been made on their
minds regarding that subject was quite erroneous.
Mr. WARRE then obtained permission to with-
draw his motion.
THE QUEEN AND THE LITURGY.

Lord A. HAMILTON in rising to submit the
motion of which he had given notice on a previous
night, felt it unnecessary to bespeak the indulgence
of the House, because he was. persuaded he should
experience it without solicitation. He could not help
complaining of the very severe terms in which his
motion had been spoken of by the Noble Lord op-
posite (Lord Castlereagh), who said it .was -" a dis-
grace to the Orders of the House."--{Here Lord
Castlereagh intimated his dissent.--He understood
him to have characterized it in those- terms, and he'
alluded to the circumstance only for the purpose of
giving the Noble Lord'an opportunity Of disclaim-
ing the words, or of giving to himself the grounds of
vindication. The erasure of her Majesty's bame
from the Liturgy was only au incidental ciecumstance
with respect to the present motion. The object he
had it view, was to ascertain how far his Majesty's
Ministers were legally justified in sending the in.
structions wbieh had been forwarded in the year
1819 to the General Assembly of the Church of
Scotland. That Church was completely independent
of all earthly power, eacept what it recognized in
,die Clencral Aisombly: Yet an Order ix CO'eadt

•
~;;.;sl#' •

!titbit% tinted for the pnrposi oral ant.
shit too on the arery seine day;t`that tht ord
been issued for directilig tire English. Churck in the
affnir•Of the Liturgy. • The order sent to StOdand
was. also signed by the same parties that signed the,
English order, viz. the Archbishop of Canterbury,
the Lord Chancellor, and others. He would ask the
Noble Lord if that order vas in reality sent to the
General Assembly with the view of asking obedience,
which could not be asked without subjecting the
parties to the utmost derision ? The only authority
upon which they could presume to found such a
demand was two Acts of Parliament, neither of
which went to sanction it in any respect. The first
was the Aet of the 10th of Queen Anne, and the
next was the 32d of George 111. He had made it
his business to discover those Acts, and after having
looked over them with the most careful attention,
the decided impression upon his mind was, that they
did not by any means bear out the Order in Council.
Indeed so surprised was he at-finding such an erder
had been issued, that he thought he should have
heard before that it had actually been sent by mis-
take, and that it- vas never intended to have any
effect ; but in that persuasion he saw himselfdeceived.
The Order in Council was illegal and nugatory—
illegal,
as addressed to the General Assembly of a
Church which owed it no obedience, and nugatory
s it could produce no effect—(Hear, Ater, hear).—
In his opinion, the. Order would prove much more
disgraceful to the books of the Privy Council, than
his notice would to the books of the House•—(Cheers).
He would now instance the cases in which it was at-
tempted to be enforced in Scotland. The first notice
taken of it was by the Sheriff of Kirkcudbright, who
called a Meeting of the Kirk Session, at which he
himself, his son, a Colonel of Yeomanry, a Clergy-
man, and some others, attended. At that Meeting,
the majority decided that the Order should be obeyed,
and that the Queen was not to be prayed forby name.
The Clergyman, however, very properly expressed
his dissent, and the matter was afterwards laid
before a full Meeting of the Presbytery, who ap-
proved
,of the conduct of the Clergyman, and
strongly disapproved of the Order in Council. A do-
cument expressive of their disapprobation and censure
of it was read publicly in all the Churches. He now
came to the next instance. The Sheriff's son (the Colo-
nel of Yeomanry) asked the Clergyman, who was Chap-
lain of his Corps, if he intended praying for the Queen,
in disobedience to the Order ? The latter did not feel
himself called upon to give any distinct answer on
the'subject ; and at the close of the Service, on the
ensuing Sunday, after praying for the King, he was
guilty of the mighty offence of saying " and bless,
likewise, our gracious Queen, Caroline!" for,which he •
was put under arrest on the same day. •He (Lord
Archibald Hamilton) did not mean to say that on
being placed under arrest he was treated with any
personal severity ; but it was enough that he was pre-
vented from going out of the County. He would
then ask the Noble Lord, if this was not a fit subject
to fie brought before Parliament—or if a notice of it
was a disgrace to the Orders of the House? (Cheers).
Upon whatever side of the House he might sit, he
would never suffer an attack to be made upon the
freedom and independence of the Church of Scot-
land, without bringing it under the consideration of
the Legislature. He wished to act temperately on
all occasions, but he felt it difficult to restrain himself
when he reflected on the extraordinary measures to
which his Majesty's Ministers had recourse. He heard,
and was told, that the Order in question could be
justified by precedents. There might, perhaps, be
precedents; but what weight druid they have, if
found to be invariably wrong? If even there was a
'time when precedent might be strictly scrutinized, it
was when the Order was issued, it being at a period
of heat and irritation. He was induced to believe
that both the Orders were issued with that haste and
promptitude which reflected but little credit on the
parties concerned. He was the more convinced of the
•act from considering, that when, on a former night,
t
he Honourable Member for Oxford (Mr. Wetherell)
moved for certain Papers respecting the Liturgy, Mi-
nisters did not seem aware upon what authority the 7
bad issued the Order for excluding her Majesty s
name. He would now read to the House the Order
which had been sent to Scotland. He could hardly
have thought the Order genuine; and yet he knew
not how to doubt the fact,' for it bore all the usual
marks of authenticity. He saw it published in a
Scotch Newspaper, as coming from the Privy Coun-
cil, and the letter accompanying it was signed " J.
Buller." The Letter ran thus :—" You hereby receive
an Order of his Majesty's Privy Council, directing
certain alterations to be made in the Form of Prayer
for the Royal Family, so far as relates to Scotland."
Now this was surely a most singular and absurd di-
rection, when it was considered that in Scotland there
existed no particular Form of Piayer, in which an
alteration could be made !—Again, the Moderator ofl
the General Assembly was told, " You will be pleased
to see that dirt- obedience be paid thereto." Who
,owed this obedience? Not the General Assembly;
.for they owed nothing whatever to the Privy Coun-
cil—consequently it could not be expected this the
•Order would be held as binsliez: Then the House
would see to whom the Order was addressea--:.to the
Moderator, a person over whom the parties had no
•
more authority than over the city Ofieonstantinople!
(A laugh).—The Noble Lord next read=y copy of the
Order in Council, and observed that BishoOwete
enjoined to carry it into execution, irsi:ceuntry *We
there were no Bishops !—(Laughter).:,;-The Act of
the 10th of Anne ordered that the Queen and the
Princess Septia of Hanover should be piayed•fortly
name,' while living. The ground of that Act was;
because in most parts of Scotland a strong *disposition
prevailed in favour of the Pretender, who was usually
prayed for as ling. The frequency of the practice
had given rise to the well-known distich— •
4. Who the Premier is, and who the rsokr—,
" Goa bless us all—is quite another Mae
It was very clear that the Act was limited to Queen
Anne and the Princess Sophia, and that no alteration
could be made in it as to the English At. If the
Privy Council had in reality any such power as that
they had usurped, what good could an Act of Par-
liaMent do them ? What necessity had they for it?
The other Act to which he had adverted wasthei*
'B3cl of Geo./11. It appeared
.to- him that this Act
gave the Privy COuncil no more authority than if
they quoted the Koran. It was addressed solely and
exclusively to the Episcopalians. What use was it
to ides u Act of Parlament which product! ao

effect, and did not in the least apply to the
It' those Acts ever had any operation ie -
was not because they were held to '
but in consequence of a special I
the peneral Assembly. Thus, when
married; the Prince and Princess •
commended to be prayed for by
Churches of Scotland. No ream ,
the facts adduced, and all he now
was, upon that principle the first
that of the Kirk Session, and the second,
that of the arrest, could have occur•whole proceedings were nugatory -
sooner they ceased the better. In
rest, he would claim the sympathy
the individual aggrieved. He understood
a highly respectable Clergyman,
in
posed to create irritation the put
rather repressed his own feelings w,
did not accord with the sentiments
an outrage on the Clerical character
Gentleman, who discharged Clerical i
be put under military arrest because
at the word of command !=—(Cheers.'
was this proceeding to be endured '
were precedents for it. Precedents,
precedents mighfbe quoted for draggit
to the Old Bailey !. It appeared that, in
of the arrest, a cerrespondence had been
with the Noble Secretary for the Home '...
and transmitted. by him to the Lord Advoc-aft
himself, he made no previous application •
tain the nature of that correspondence, .-
go to the fountain-head at once, and in;
tion before the House, The letter of Lort.,„.
must eithei justify the arrest or condemn it. If
justified it, would it not be a gross injustice?—if
condemned it, would not the Privy Cc_ --
their own Order? 'lle would submit to the
from the facts-he:had stated, a Nether the
the present motion could be considered a
the orders of the House? Ile could:
that the Noble Lord, who hid so desi)
most unfairly and most unjustly by bin.,
when he made use of the words at a tin* s,
lowed no opportunity either of expianation cr*
The -Noble Lord concluded with moving for amps
of the Order ju Council sent to the Moderated,'
General Assembly of the Church of Scetlaad,
also a copy of a letter addressed vy Lord
to Colonel. Gordon, respecting his having plata
Rev. Mr. Gillespie under military arrest.
Lord GLENORCHY rose to second the mesa
-lie considered the order sent to the Modem:aril
General Assembly as a breach of the fundaem
'principles of the Church of Scotland—(Hear, lee
a Church that admitted of no temporal intoferes;
either as to the discipline or regulation of :dainty,
netted with public worship. This pi ivilege hake
long contended for both by words and acts, and hi
at last been established and ratified by the blordif
persons who thought it an object every stay weatei
being achieved. Ihe right for which they had some
nuously contended, was secured t' them -by Simi
Acts of Parliament, and if those Acts hat:aryl*
considered, he did not see how any infraction of den
could possibly have been'attempted. The pellet'
Scotland were a religious people, and veighed sell
every subject connected with Religion, Re ad
discover no good motive for the orsiertansminol
the General Assembly. Vas it sent withal' view
promoting the dignity of the Crown 'and theboor
of the Royal Family ? Was it sent for themes
of advancing the interests of Religion? No, aco
templated neither of these• objects. He etoldiel
no other motive for it, than a desire to indulge sal
those uncharitable feelings and vindictive polies
which marked the whole of the proceeelitig,sspist
her Najesty—( Loud cheers).
The LORD ADVOCATE had hoped thatthe his
ble Lord would not have felt it his duty to posies
motion, but whether it succeeded or not was tobi
La matter of indifference: It Was clear that these
don was brought forward with:she view of tea" :
'question upon it, and he gave the Noble Lord kJ
credit for the zeal he erinceifin favour oftheatadi
of Scotland. 'lf apPiared. tO-hirn, however, Oak
war mistaken when he charged a Noble Lord it ig
side of the House with having spoken of his UPU
as a disgrace to the- books(liear, hear).-1101
Lord Advocate) had never-heard atry.Sedlerfea
from the Noble Lord in question. No elan wallas
disposed than himself to respect the freedom antic
dependence of the Church of Scotland, always ca
tending, at the same time, that it should be mdf
the controul of the law, and of Acts of Parliaam
Facts might be adduced in reference to the pail
f'or the last hundred years, to shew that the AP
ments of the Noble Lord could not be sustained:lA
he should not dviell upon these to shew that is.
suing ofthe-Orderin Council addressed to the
of Scotland was a legal exercise of power—nor
he. talk of the subject of. omitting•the Queeismi
in the Liturgy r for GOD knew, it was one npceall
the House and the Country ad already heard ft
'etiough—(Hear, hear).— He should confine hie;
to that which was the proper questien-aonelb
legility of issuing the Order in 03uncil. .VPeet
ference to the Act of the 10th of Anne, c. 7,134 "
found,: that to neglect praying for the Queen, ceol
Princess Sophia, subjected the Clergyman to apeaß
of £2o—(Cheers and laughter from the. toil
He wouli not refit upon that Act—(LeuraerLs.
would appeal, to-
the repeated decisions in the bco7_..
Courts, from which it would appear that Clergy
ad Jaw punished fox neglecting to pray, aa„:
'Q ,been
but for George'L—(Hear, hear). '
real question for the House to consider was, Whet,
the Act was restricted to Queen .Anne and then!
cess Sophia, or whether it did not apply to eeerl7,
tuoren
i l issued Sovereign rn
It enjoined that the Princess Sophia should be par
for, but that Princess having died three manila
theHe feignw oulodf
Queen refe r to
A n tau
nehOrder
heir
Cug
the Queen, was it to be supposed that the op-;er,
of the Act did not apply in the case of every
'heir apparent ? Upon the death of the Princess
10
phia, an order was immediately sent to the
Assembly, directing that the Elector of Br
.0,/
should be prayed for. This order was dated L.::
year 1171.4. An order had afterwards beef
3:111
directing that George I. should be prayed for,ed fordo
' was sent down at a time when persontraY.„ ,_ is
King, but did not choose to name hint.: let.Do
.expressly enjoined that they should pray for
vercign by nape. After the death of Qat% 1"'"

iPply to the
• qutit...
!ration in Send
Id to be compel
ecommendatioe ,
Olen the preient
ess of Wales Were
by name sire
au
,son could .be.;i
now wished 7o
;c7
first case, witteit
he second, which ,
re occurred? u
,tory and absurd,
In the Cate 0f the
athy of the Heme 4
understood hien
to
an, and En little-
! public nsind, Lk"
;s when he food
ents of others.
racer generally t
arical function,.
came lie.did not
reey:s.) would .•
red ? But then
dents, forsooth!
'ragging aoe •
A that, in consti
had been eartied
le Home Depoin„,
Lord Advocati,
application to ate,
)odence, prefertile
t, and bring the ,
:tcr of Lord Sid
or condemn it. If •
grths
rivy Council
submit to the lin,
bether the mire
nsidered a disgrar.
cctuld ;tot help sa
to designatedit,
y by him,piroe„, •,
Is at a tittle %ha al.

r-

rant'mermen, giving the Wee Interpretation to
the Act as the Noble Lord, negleCted praying for her
successor, thinking that the operation of the law was
rioted
to her. For that omission they were in-
'te.
&sell in the Supreme Cottrt, and he could refer to
A
'the decisions to shew that the Act was not limited to
the reigning Sovereign. He had found two instancesl
•ie the State. Trials, of Clergymen being indicted for
the omission in question, and had discovered various
ethers in the Records of the Court of Chancery. He
found that in January, 1716, Robert Anstruther was
'Meted for the offence, and John Hay in the same
r. They were ordered before the Conn of Justi-
Te
tory thou h the charge was not followed up against
ern. But e now came acethe case of a Clergyman,
owned Gu rie, who, in July; 1715, was indicted for
/
sea:4 emitting to pray for the King and the Prince
bi Wales, and fined £2O. In Howard's State Trials,
sreLl7, p. 782, there was the case of Geo. Robinson,
.Teu was indicted under the Statute, and also fined.
therlefence set up was, that the party could not be
witted because the names of George I. or of the
prince of Wales were not specified in the Act ; and
the panel (so a prisoner was termed in the Scotch
Leo submitted that he had prayed for all the Royal
Lev)
The next was the case of Daniel Taylor,
who, in'l7l6, was convicted and punished for the
like offence, together with some other Clergrmen.--
This case would be found in the 18th Vol. of the
late Trials, page 1383. One half of the penalty
srisgiven to the informer, and the other half to the
poor of the parish. .The Noble Lord, after citing
Arne other cases of the same nature, observed, that
eons the time of the passing of the Act, the King
and the Royal Family were prayed for in Scotland
as in this country. Whether those decisions were
right of wrong, they were in strict conformity with
the law of Scotland. It was fair to conclude, from
the character of the Scotch Bench at the roe, that
if there had been any doubt upon the legality of the
proceeding, the prisoners would have had the ad-
vantage of it. He had already stated that Queen
Anne, and afterwards George 1. were prayed for by
name. From that period, with only two exceptions,
whenever an alteration was made in the Liturgy in
ibis courrtry, an order for the same purpose was sent
down to S-'tland. This had been the uniform prac-
tice from the year 1717 down to the present day. In
Ilmtland, nothing disrespectful to the Queen was in-
vaded by the omission of her name in the prayers of
'is Church—(Near, hear).—The Learned Lord here
feed the Order in Council, which was dated Nov.
1818, and directed that " his Majesty King George,
Wall the Royal Family," should be prayed for.—
aimaintained that the Government were justified
bylaw in issuing the Order. It directed that the
King should be prayed for, but did not say in what
terms, nor did it tie the Clergy down in any respect
alto form. He would appeal to any of those Hon.
Gmtlemen opposite who had ever been in Church in
Scotland to say if they had ever beard the words—
eMost Sacred Majesty" uttered. He was sure they
lent did. In praying for the King,. the Clergy of
icedand were not prohibited from praying for any
atisi branch of the Royal Family they might think
roper. The King was to be prayed for nontinatim,
tad he was free to confess, that according to the
principles of the Church of Scotland, he saw nothing
lkgal to praying for the Queen nominatise likewise.
Jot he deprecated the introduction of sentiments into
that Church, which ought never to be introduced in
times like the present—(Hear, hear).—He regretted
that the Chaplain of the KirkcudbrightYeomanry
had not returned an answer to the letter which re-
quired him to say, whether he meant tO pray for the
Queen. He came, and did pray for the Queen by
tame, and the Commanding Officer put him in ar-
rest, confining him to the County until a communi-
cation was made by the Commanding Officer to Go-
remment ; and then an intimation was made that the
west was at an end, and left it entirely to the indi-
Sideals to settle the matter themselves. This pro.
seeding could not be blamed on the part of an Offi-
er, oho wished nothing introduced which could sow
my dissentions among his corps. Ile had himself been
Rade arbiter by the parties ; his award had not yet
ken made public ; and he hoped the House would
re no necessity for the production of these Papers.
Sr JAMES MACKINTOSH, after commending
the candid view, which the Learned'Lord had taken
of this question, proceeded to say that he felt himself
impelled to offer a few remarks on this question, by
time-of duty to his country. His Noble Friend,
rho had opened this question, had performed his
esk in so able and ample a manner, that he felt it
kmecessary to travel extensively into the subject.
Me waralsoreiieved from the necessity of going into
detail, by the. speech, so full of ability and promise,
*kith was made by the Noble Lord who seconded
the motion, and whose illustrious name was con.
meted with . every struggle that had been made du-
ring centuries back, for the rights and liberties of
England—(Neer). It was delightful to see two men,
those ancestors had once headed opposite parties,
ow concurring- in a constitutional jealousy of any
efringernent upon the independence of the Church
tilleotland--(iertr, hear). In following the Noble
who seconded the motion, he could only hope
%Kra up a pet of the outline which he had sketched.
he Learned Lord remembered that one of the first
cts of the Presbytery of Scotland, was one connected
with the King. They had no intention to reflect on
excellence of the Church Establishments in any
tier country: but they conceived it to be their duty
'hat form of establishment, to which the'
lined. In forminS a new establishe
. not think that the inclinations of dui
altogether a matter of indifference
They did not defy the People, when
t make a law for them. They
duty as men, to obtain the sanction
assembly—(Neer). The Convention
issued the Articles of their Creed, one
hich was, that "The Church bad no
With that confession of faith in its
,entioa Parliament took the Church
with the State. The Church was
le Act of Union with England, and
the Sovereign of England took an
it in all its rights and privileges.
state of the fundamental law on duel
ince then an Act was made, which dee
• that funJar:rental law. He did not mean
generally that no Statutes ought to be al
:r-to depart from a fundamental law, that
ace to assert: but hs contended, that Acts

ni
I*

' of Parliament which did *0 depart from the funda-
mental law ought to be construed with the utmostjea-
lousy. The Statute of Anne which the Learned Loid
r.cited was an Act of that description ; it was therefore
drrctiuimi Learned
and ought to be construed most ri-
gidly. The Learned Lord would excuse him (Sir James),
who had been brought up a Member of the Episco-
rpallan Church, and-had ever since remained so, it he
would take the liberty to remark that that statute
was brought in by the last Ministers of Anne, with
an excellent professed object, bat a bad intention.—
The intention of it was to give strength to a faction
which then meditated the destruction of the Church
of Scotland, by imposing on the Presbytery the same
rules as had been imposed on the Episcopalian Church.
—But there were a few men of the old Cameronian.
fervour, who still were unwilling to pray for an un-
covenanted King, and they objected to it. The clause
was in consequence rendered temporary, not in its
frovision, but because the subject matter of it ceased
'Sadist, for it applied only to " the Queen and the
Princess Sophia while living." It was true a certain
number of convictions had taken place under the
Act during the four years which jotervened between
the two rebellions, a period.far• from favourable to
calmness and impartiality of.clecision, because the
Courts necessarily shared'in the angry feelings which
at that time raged to an excessive degree. Those
decisions were, on that account, of less value, having
been made, as it were, on the' ashes of one rebellion,
and while another rebellion 'was kindling. The con-
victions, therefore, of the non=
eing Clergymen did
not go for much with him. Magistrates were
more likely at that time to be influenced by party
teal than by a calm reverence for the principles of
law. With the Learned Lord, he gave the tribute of
applause to the Government of that day, who re-
sisted the party of a man who founded his claim to
the Throne on what was now called legitimacy, but
was then called " Divine right," but which, under
either name, was a gross usurpation on the most
sacred rights of mankind—(Hear, hear).—But the
precedents were still drawn from times, and con-
nected with acts, which he knew no man living
would now attempt to justify. They all amounted
to this, that by a laxity of construction of the 10th
of Anne, the Clergymen were called on to pray
for the reigning King by name. But that was not,
after all; the question before the House. The true
question here was waived, and kept out of sight by
the Noble Lord with great dexterity. The question
here was, not whether the Ministers of the Crown
were to be blamed flsr issuing an Order to the Church
of Scotland to pray for the King by name. What he
blamed them for was, that that Order implied an
omission of the name of her Majesty—(Hear, hear).
They issued an Order of the same description to both
Churches, that of Scotland and that of En ;land. In
4ngland it was understood universally as an order
not to pray for the Queen. Now, even according to
the reasoning of the Learned Lord himself, the Mb
of Anne did not afford the Ministers an authority to
that extent. The King of England was admitted not
to be the Head of the Church of Scotland, and the
10th of Anne gave no power to authorize the omis-
sion of names. .Thelearned Lord admitted that one
part of the Order, as applied to Scotland, was absurd
and useless. It recited the 92d of George 111. ac-
cording to which it would become necessary for Scot-
land to follow the formula of the Church of Eng-
land. By reciting that Act, the Order commanded
them to observe the same formula, against which, in
former times, Scotland had so lung and so success-
fully contended. The Learned Lord talked of usage,
and referred to the Order in Council of 1714. It was
true, the Synod ;lid then recommend to the Church
an acquiescence in all reasonable directions from the
King; but still those directions were now admitted to
have rto binding power; so that, in spite of the Order
in Council, every Clergyman of the Church of Scot-
land could pray for the Queen by name, if he chose.
What, then, he asked, was the real state of the case?
Why, it-was this, that the Ministers advised the King
to issue an Order which might be disobeyed with im-
amnity, and thus exposed his dignity and his autho-
rity to insult, because the order was of no force as
it respected the Established Church of Scotland—
Wear, hear).—As to the question of usage, it weighed
nothing with him, if the usage itself was bad. The
same plea might have been advanced for the " gene-
ral warrants,' before the question concerning them
was finally decided. That usage, he admitted, might
be pleaded in justification of Ministers, if the question
here was, whether the Ministers were to be impeached.
If they were to be impeached, the usage perhaps might-
"go to prevent it. But, in the admissions which were
made, he was ready to allow that enough was done
to atone for the insult which was offered to the inde.
pendence of the Church of Scotland ; though he'
could not but observe that the General Assembly of
the Church of Scotland, acting perhaps on the ire-
.cedents ok a certain other illustrious Assembly—
(ltear, hear)—adopted a mode of evading.the Order,
without passing a declaratory Resolution against it.
When such a Resolution was proposed, did they ne-
gative it P—No. They passed the Ordersover without
censure, on the ground that they were assured Minis-
ters proposed to convey in it no hostile intention
against the Church of Scotland. Now, it could not
be questioned that the whole object of that Order was
to obtain the omission of her Majesty's name in the
Prayers of the Church. The Learned Lord, while be,
admitted that every Clergyman of Scotland bad it
right to pray for the Queen if he chose, 'yet- added,
that he would think better of the Clergyman who
would omit her name : that, he said, was the most
impartial mode of proceeding. The Learned Lord
knew that there were two great parties in the country
—one who believed in the guilt, another who was
convinced of the innocence of the Queen. And yet,
the Learned Lord 'said, that the only'way for a Cler-
gyman to chew that he was of no party, was to omit
her name in his prayers—in other words, to become
one of the party of the Courtl—(Hear, hear). That
was the Learned Lord's recipe fir impartiality—
(Heer, hear). He was afraid that there were somt-
Clergymen in Scotland, who would find the Learned
Lord s favour of as much importance as his construc-
tion of an Act of Parliament, and that they would,
feel an inclination to prefer his law to that which they
might receive from other masters—(Hear, bear).—
In choosing, however, the Learned Lprd as umpire,
the Clergyman had acted as he himself would have
done under the circunistances: If he had-occasion in
any private concern to ask any map to bean umpire,
be knew no per** whom be mold prefer to the

•
rid Lord. It was said that tills was a private
injury. The private injury, however, was not the
question here. The question was as to the national
consequences of the Orde. in Council, oppression
was not suffered by one of his Majesty's subjects, and
if they were not to inquire into the loss ofliberty in-
flicted upon him ? It also embraced the consideration
of the probable tendency of such an act to-cause ge-
neral injury to the People, and in that view he looked
upon the motion of his Noble Friend as justly entitled
to the attention of the House.
Lord CASTLEREAGH said, that the speech of
the Honourable and Learned Gentleman had pro-
duced so little impression on the House, that he did
not think it necessary to follow him in the course of
observation which he had taken. Ile would recal
the attention of the House to the question before
them. He did not see how the emotion was calcu-
lated to tranquillize the country, though he was
ready to admit that it avoided all circumlocution,
and put the question fairly to issue. He could not
help observing, that the speech of the Honourable
and LearnEd Gentleman appeared to him to be com-
posed only of detached parts of another speech, which
was framed for another state of cirmunstanceL He
did not mean to say that the Hon. and Learned Gen-
leman could not make a speech on the spot, but he
believed -that the Honourable and Learned-Gentle-
man did come down to the House prepared to com-
lain of the independeiThe of the Church of Scotland
b‘g violated, by an Order, commanding them to
pray for the King and Royal Family. He would
put it to the candour of the Honourable and Leainetki
Gentleman, if he really had any coaception of' the
answer which was
.given by his Right Honourable
Friend near -him, to the motion of the Noble Lord,
and if he had nbt formed-the outline of another and
quite a different speech-in his own mind?—(Hear,
hear, aad laughter.) The Noble Lord had broughf
forward two charges with respect ro two private in.
dividuals. He would put it to the House, whether
it was the duty of Government to take upon itself
to 'administer .justice between man ,and man?—
(Bear, hear)—and whether the time of this House
was to be taken up with cases of individuals, who
had their remedies in the common Courts of 'Law.?
It was not the object of. the Noble Lord to obtain
that justice, for here it could not properly be admi.
nistered. But the object was to poison .the public
mind with these cases, while the Courts of Law were
amply open to them—(Hear).—The Noble Lord pro-
duced those cases, and called for information in order
not to redress them, but to see if the Government
was in any -way implicated with them. As to the
cases themselves, both had been settled, one by the
Superior Presbytery, and the other by the act of the
party. As to the motion itself, the Noble Lord must
have felt it'fall from his hands, after the able state-
ment of his Right Hon. Friend. The Noble Lord
would allow him to say, that the real object of the
motion was for any other practical purpose than that
of restoring 'tranquillity to the country; and he re-
gretted to see the great talents of the Hon. and
Learned Gentleman misapplied on such an occasion.
The Hon. and Learned Gentleman said there were
precedents only for four years, and that there were
none afterwards. What did this prove, but that there
were no similar offences since that time. The Hon.
and Learned Member threw some reproaches on
those decisions because they were made in a time of
civil war. If tharrule were applied to the decision
upon general warrants, he did not see how the Hon.'
and Learned Gentleman could approve of it, for
he believed it would be difficult to state warmer
times than those in which that question was agitated,
and put to rest, he hoped, for ever—(Hear, hear).—
The Noble Lord, after praising the speech of his
Right Hon. Friend for its clearness and solidity, pro
ceeded to' state that he differed with him as to the
necessity of sending separate instruments to the dif-
ferent bodies of the Church in Scotland, and con-
tended it was sufficient to send the Order to the
Church collectively. He then referred to the 32d of
George 111. which, he contended, merely applied to
the regulation of the Church, and did not bear at all
on the question of the Liturgy. 'A Queen was then
existing, than whom no Queen was more entitled to
the prayers of the People—(Hear hear), . And the
Act of Parliament was intended exclusively fOr the
regulation' of the Episcopal Church of Scotland. It
enacted, " That every such Minister should, as often
as he officiated in Chapel, pray for the King by name,
his heirs and successors, in the same, manner as he
was directed formerly to be prayed for, and by law-
ful authority." It was true that that lawful autho-
rity was controuled by the Act of Uniformity, so chat
the only chance which the Gentlemen on.the other
side had for getting in. the name of the Queen, was
by what he considered an illegal interpretation of
that Act. If the Honourable and. Learned Gentle-
man Was not pleased with that law as it stood, he
might, if he chose, come forward with a proposition
to amend it. He concluded with expressing his be-
lief that neither the Noble Lord nor the Honourable
and Learned' Gentleman had seen the cases which
had been cited ; otherwise this motion would not have
been brought forward.
Mr. J. P. GRANT contended that the sth Geo. I.
had repealed the Act of Anne. It *as enacted in
1719, a very short time after the date of the last ca;e
which had been cited by the Learned Lord. So far
as the penalties were inflicted, the 32d of George
repealed botfi the Statutes of Anne and of George I.
so that, in fact, that was the trite reason why no pro-
secutions had taken place since. He then maintained
that the step taken by Ministers, Avith respect to Scot-
land, was precipitate and ill-advised. It introduced
divisions among tbe People, and he could not con-
ceive anything more mischievous. Such an order
might have been necessary for England—for Scot-
land it was useless, and its only object was to stigma.
size the character of the Queen.. It was a decided
demonstration of' an impotent desire to inflict punish-
ment, and was altogether unjust and illegal.
Mr. MAXWELL said, that if the Noble Lord (A•
Hamilton) had brought forward his motion for party
purposes, as insinuated by the Noble Lurd (Castle-
reagh). he,, for one, would not support it. But he
was satisfied the motion had no such object. 'le
thought the Order was issued; no doubt, for pre-
' judging the Queen—(Cheers).--They (in Scotland)
had little to boast of in their' Country—less in their
Constitution—and, least .of all, in. their Laws—
(Hear, hear).—But still they would strtiggle for what
their ancestors had, valued so dearly—the lode-
pendent., of thAr Church l--(Nevi, hear).—The

Order .ht Council tentlect to bring die Royal Ail;
.thority into contempt—(Hear, hee3- • ,
Lord ARCHIBALD HAMILTON rose to reply.
If, said the Noble Lord, it should go forth this nights
and go to Scotland, that the motion was negatived,
on the giound that there existed a right to issue Or-
ders in Council on the score of Religion, then the
House would have cause to lament their vote. It had
been imputed by the Noble. Lord (Castlereagh), not
more to him (Lord A. Hamilton) than to his Hou.
Friends near hini, that they were poisoning the pub-
lic mind by such motions and discussions. Now, he
would say, that if there was one man in that Hous4
who was poisoning the public mind—who was de-
grading Royalty—who divided one part of the Royal
Family against the other—who poisoned the laws
themselves—(Loud cheering)—it was the Noble Lord
himself, who had, in that House, introduced the de-
claration, that the Queen, though technically acquit:-
ted, was morally convicted !—(Goers.)—He (Lord
A. Hamilton) would rather poison the public mind
than be guilty of the subversion of public justice. He
saw no possibility of the public mind being tranquil-
lized, so long as the effect of that declaration was un-
removed—(Checrs).—AVould any man stand up and
contend ror the right of issuing an Order'to be scouted
and condemned?. A negative on this question would
occasion-more mischiefto the best feelifts of the coon,
toy than the, House were aware of—(Near, hear).
--Lord CASTLE.REAGH explained. He must have
been either tinllesud or wholly misunderstood by she
Noble Lotd-ieho Inid just spoken. He stated that the
.nature of souse-of .the-topidi which had been intro-
oincid in that debate, were calculated to poison the
.public mind ;. without, host•ever, making that charge
upon the Noble Lord, iu partic.ular. He had never
said that there could be any such thing as a technical
conviction. He did say that the nature of the pro-
ceedings against her Majesty, would not warrant the
declaration that she bad been legally acquitted.
Sir JAMES MACKINTOSH explained.-.-If he
were to attempt to act upon the suggestion of the
Noble Lord, he would attempt an impossibility. The
sth of George the First, rendered it imperative on the
Scottish Clergy to pray for the King ; and a disobe-
dience of that Statute would be immediately followed
by a prosecution.
_ _

. .
Strangers were then ordered to withdraw ;.and oa
a division there appeared.
For the Motion, 35—Against it, 110—Majority, 75.
MISCELLANIES.

Mr. C. GRANT obtained leave to Wing in a Bill to regulate
the Civil Side of the Court of Kinz's Bench and Common Pleas,
and the Common Side of the Court of Exchequer, in Ireland.
Sir J. NE %VPO ItT approved of the Bill, as the Taiiug t Ificer
had connived at the taking df fees. He hoped the pi
would be followed in the Court of Chancery, agreeably to the
recommendation of the Commissioners. 11e could convey no
idea of the abuses that had taken place in these Court,.
Mr. BENNEIT said, that the whole of the credit of these
Reforms was due to his Right Hon. Friend (Sir J. Newport),
as the measure bad been carried against the• wishes of Ministers.
Mr. R. MARTIN said, that in England the Officers were par-
ticularly chaste in the taxing of costs; and some understaudint
should take place as to making the taxing equal in both countries.
On the motion of Mr. C. GRANT, it was ordered, that the
House should, to-morrow, go into a Committee for the purpose
of granting certain compensations to the Officers of the Courts
of Justice in Ireland.

Sir J. NEWPORT moved for an Account of the Names of
the Commissioners, with the Dates of the Commissions, ap-
pointed to inquire into the Courts of Justice in England.
Lord FOLKSTONE moved for an Account of all Addi-
tions tb Places 'whose Emoluments did not exceed £l5O yearly ,
since the year 1793. mid the cause of the additions.

After a.few words from Mr. W. 5311111 and Pair. Goutxcast,
the Noble Ldrd converted his motion into a notice for to-tior-
row (this day).
On the motion of the LORD ADVOCATE, the House went
into a Committee to cerisider of the remuneration to be made to
the Clerks of the Admiralty Court in Scotland.
Mr. CREEVEY said, the House ought to know, for what
services the compensations ware to be granted; and, for him-
self, he would grant no money. He hoped the People of Eng-
land would look to the conduct of the House, where nothing
was done with facility but the granting of money. He would
grant compensation to no Clerk, and to no man in Scotland.
The LORD ADVOCATE said, that the measure arose
from the recommendation of the Commissioners, as a substi-
tute for the system of fees which were due upon voluminous
proceedings.
Mr. W. SMITH was of opinion that an explanation should
have preceded the motion.
Mr. BRIGHT said, that at the creation of a new (nicer,
a provision should be made against the principle of future COlll,
, pensation.
.Mr. CREEVEY wished the Learned Lord to convert his
motion into a notice, as bad been done in the case of his Noble
*Friend (Lord Felkitone). •
Mr. ROBINSON stated, that that step had been taken is
consequetice of the recommendation of the Commissioners.
Mr. DENAIAN observed, that many Members, himself for
one, were unacquainted' with the Report.
Mr. W. DUNDAS said, that the Commissioners appointed
to Inquire into the Courts of Justice, bad recommended the abo-
lition of certain offices in..the Court of- Admiralty, and to give'
the holders of them a compensation. If no compensation were
made, many individuals would be consigned to poverty.
Lord FOLKSTONE said, it did not appear from the Report
that a compensation had been recommended.
Sir J. NEWPORT had never meant that Bills should be
brought in without examination, though he had advised that the
recommendation of the Commissioners should be attend:n.4 to,
The LORD ADVOCATE said, that the sanie course had
been followed here as in similar cases; but if a preferable mode
could be suggested, he was ready to adopt It.
Mr...CREEVEY moved, that the Chairman should report
progress, and ask leave to sit again.
On which the House divided—For the Motion, 22; Against
it, e4..;—:Report to-morrag..
The other Orders of the Day were then disposed of, and, af
Q • VAST WASSCK, the House adjourned.

•THE MINORITY
ON LORD Ai HAMILTONS MOTION RILATIVZ TO TIM 112CLUINON OF TIFII
QUFLTININANT re')M Tlll ettATERS OF TRC CIIIINCII OF SGOTLAN" °
Althorp, Viscount Harbord, Hon. Ed. Scarlett, J.
Allen, J. 11. Hill, Issrd A. Sykes, Dan.
Sennett, Hon. H. G. Kennedy, T. F. Talbot, It. W.
Creevey, W. Maxwell, John Tennyson, C.
Crompton, J. Mackintosh, Sir J. Webbe, dward
DeCrespigny,SliV. Newport, Sir J. Western, C. C.
Davies, 'L H. Nugent, Lord Wood, Aldernstai
Denmast, Thomas Ord, W. Wyvill, M.
Duncannon,ViscountParnell, Sir H. Wetherell, C.
Mire, Edward .Rica, T. G.
.Folkeston, Viscount Robarts, A. TELLIFIRS.
Ferguson, Sir It. C. Ricardo David Grant, J. P.
Gleaorchy, ,Lord. Sefton, Bari of Hamilton, Lord A. '

•
Amongst the few Numbers advertised by Bun
for the present Lottery, was 2,124 Which on Wed.
nesday was drawn a Pi ize c f Tivo Thousand Pounds,
Consols, and shared by him into Sixteen Sixteentls.
It was a favourite number from the first moment it
was advertised, and was very soon all disposed of•
Bisu has been very fortunate in the selection of nuns,.
bers for the Public in hii Advertisements, as he very.
recently 'offered a I.:26,000, and various other Caps-,
tals, in the same. manner. BIS!r has on Sale a few
of the thadrown Shares he yesterday bought front
those persona who did not choose to continut their
chance for the Six £21,000 now in the Wheel.

ogg— adopt that
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Foot '`cl()4 to

LONDON.

FRIDAY, FEBRUARY 16, 1821.
THE FUNDS.
PRICE OF STOCKS THIS DAT AT DXS -O'CLOCK
per Ct. Red. 72% % 73-.-3 per Ct. Cons. 721/ 1/s %
Si per Cent. 82% 4-4 per Cent. 90% 91 90Y8
5 per Cent. /lavy 105'A 98 ya
Long Ans. 18 11-16 %—lmp. 3 per Cent. 713/4 •
India Stock 229—India Bonds 41s. 425. pr.
Exchequer Bills ss. 3s. ss. pr.
Cons. for Acct. 72% %.

LORD CHAMBERLAIN'S OFFICE,
Emu. sr 16, 1821.

A‘irtsca o num ono', That his MAJESTY Will. hold a Levee
at Carlton-House, on FRIDAY, the 23d instant, at Two ceCioek.

.The debate in the House of Commons last night
involved principles of much deeper interest than
many are aware of. The motion was that of Lord
A. HAIIILTON, for a copy of the Order in Council
directed to the General Assembly. of the Kirk of
Scotland, relating to the omission of the QUEEN'S
name in the Prayers- of that Church, &c. It was
contended that the Order, as applied io Scotland,
WAS either nugatory or illegal, as the Church of
Scotland acknowledges no earthly Head, and had
this independence secured. to it by the Articles of
Union. It was nugatory, because DlMisters, even
with the aid of the Archbishop of CANTERBURY,
could not enforce it—illegal, because issuing an
Order for which there was no law.

On the other hand it was maintained that the Go-
vernment had often exercised thiipower, and that
Clergymen had been punished in Siotland for omit-
ting the name of the KING in their prayers:--a curl•
ons argument to prove that the Quzates name shall
be csalittcd at the pleasure of Ministers.

It is not in the power of the Ministers of the Crown
to compel the People of Scotland not to pray for the
Quaint, any more than it is in their power to compel
the English Dissenters and Irish Catholics to disobey
the Commandments of GOD, by refraining to pray
for the whole of mankind. Can anything be con-
ceived more absurd than to assume a right to stand,
as it were, at the portal of HEAVEN, and, by their
own fiat, to determine what shall or shall not be per-
mitted to enter? Imbecile mortals! presumptuous
men! You had much better confine yourselves to
the old routine of admitting or rejecting Petitions
addressed to the Throne—of this Empire, than (so
far at least as concerns the Kirk of Scotland) pre-

sume to dictate the Petitions that are to be ad,
dressed to the Throne of Hs4vEu.

Whether the majority of the House of Commons

speaks the real voice of the majority of the Nation,
so far as concerns the right of Ministers to prohibit
men from praying for any oppressed creature on the
face of the earth, may now be settled by the philo-
sophy of Cocker, that•two and two make four. Whe-
ther are the majority of the three Kingdoms mem-
bers of the Church of England or not ?

The Paris Papers of Tuesday arrived this forenoon.
They continue to furnish explicit enough contradic-
tions to the reported passage of the Po by the Aus-

trians. An article from Aogsburgh, of the sth of.
,February, says—" The Austrian Army has not yet
passed the Po; but certain German Papers nevertbe-
less persist in repeating that it will occupy the king-
dom of Naples." At Naples itself there appears to

have been quite a different version of the story cur-

rent, from that which was afloat on this side of the
Pytennees. An article dated Naples, January 26,
says—" A report is at present circulated here, that
the Austrian troops have taken up their winter quar-
ters, and that the Ca►alry have retrograded."
In the French Chamber of Deputies, on Monday,
the subject of the connection of France with the de-
signs against Naples was rewired, on the reading of
the Proem-Verbal, or Minutes of the discussion of Sa-
turday, of which we took some notice in the STAR
sif Wednesday.
M. de. La Faverre objected to the draught of the
Proces-verbal, that it did not record with.sufficient
explicitness the protestations of the minority of the
Chamber against the anti-parliamentary doctrine of
Ministeri, that they were not bound so answer any
question as to Treaties with Foreign' Powers, on the
ground that the arrangement of these fell exclusively
within the Royal prerogative. It was of the last im-
portance, he said, to establish the efforts which had
been made to resist pretensions so unconstitutional.
to show what answer had been given to the questions
put respecting the Austrian columns which were
marching on Naples. A celebrated orator had,
predicted, that France would, one day, become
a great void in the political system of Europe.
The prediction had been fhlsified by thirty years of
glory, and it was right now that they should know
-whether the means which were yet left to France„
should or should not be employed to support a sys-
tem contrary to what all France desires?—(Muronurs).
had been decided by the Constituent Assembly,
that France should never employ her forces against
the liberty of Nations. The proof that this sentiment
was engravers on the hearts of all Frenchmen, was to
be found in the indignation which the unjust war of,
the Ex-Government. against the Spanish nation bad
. fon general* excited. The event, which had takes*

place in Naples and. Piirtugal, had also. touched.the
hearts of all friends to the libertfof Nations. At a
time too when French commerce might be compro-
mised by the conduct of Ministers, the Chamber had
a righttodemand from them every explanation which
might be necessary to its safety and protection.
The PRESIDENT here requested the Chamber to
hear read a second time the passage of the proces-
verbal, relative to the question of M. Chauvelin, and
the answer of the Minister.

The SECRETARY read it accordingly. At
.the
place which spoke of 4 the occupation of Spain," M.
CHAUVELIN observed, that he " did not speak of
Spain but of Naples."—The PRESIDENT said, that be
had certainly used the word " Spain" in the tribune.
(It was so reported in the Journals, as quoted •by us
on Wednesday.) " Then," replied M. CHAUVILLIN,
" it was a mistake."

M. DE LA FAYETTE resumed.—" Well, Gentlemen,
I complain that it has not been recorded in the
Proses-Verbal, that several Members demanded to
be beard, in order to protest against the answer given
by the Minister of Foreign Affairs, and that permis-
sion was denied them. We still protest against this
anti-parliamentary answer. We have said"—
The PRESIDENT. desired the speaker to confine
himself to the question of the accuracy of the Pro-
ces-Verbal.

M. DE LA. FAYETTIC-u I have said that r WWI QUI'
dissent to be recorded--(Murours)—and I repeat to
Ministers the questions which we have:put to them."
The Faistorwr.—lt is impossible that M. de la
Fayette, or any other llfetnber, 'can put any new
questions now— ( Cries of " Vote, vote").

M. DE LA FAYETTE continued at the tribune, but
endeavoured in vain to be heard. his voice was
drowned with cries ; he was only heard to exclaim
with vehemence —" I will not descend from the tri-
bune without repeating—Let us not destroy Neapo-
litan Independence!"
The KEEPER of the SEALS delivered a tirade against
this continued annoyance on the part of M. de la
Fayette and his friends ; and, under the pretext of
not consecrating what he was pleased to term the un-
constitutional ground assumed by them, still declined
giving one word of information on the state of the,
relations between France and the Allied Powers in
regard to Naples.—Theproces-verbal was, in the end,
allowed to stand. as .it wass and the Chamber pro-
ceeded to other business.

In the Journal des Debuts there is one of the most
extraordinary effusions we have for a long time seen,
professing to be an Answer delivered bythe Emperor
of AUSTRIA toll!: Address from the Professors of the
Lyceum at Laybach. It is in these words:

" Gerrtanta—The Students of Carniola have always de-
served praise. Endeavour to preserve for them this good charac-
ter. Remain ever faithful to what is andent ; foe.what ancient
is good, and our ancestors ever found it so. Why should it not ,
be the same to as? People are occupied elsewhere with new
notions that I cannot approve, ml which I never shall approve.
Beware of such notions—attach yourselves to nothing but what
is positive. Ido not rant learned are, I want only loyal and
good subjects, and it is your part to form them. He who servos
me, will instruct according to my orders, and whoever feels
himself incapalet of that, and is disposed to deal in new ideas;
be bad better depart, or I shall myself remove him."

We need offer no stricture upon the good sense
and dignity of this imperial farrago. How mortify-
ing to think that a mind like this should have any
share in determining what is fit and proper for any
nation on the face of the earth ! How humiliating
to reflect that a free, learned, and enlightened country,
like our own, should, through the'weakness or fully of
its rulers, be doomed to take any part in common
with such an enemy to the moral improvement of his
species! After such a declaration of principles, how vain
is it to expect the least good from any deliberations in
which this sceptered Vandal has a predominant part!
No; such despots are only to be taught reason by the
same sort of tremendous influence which, thirty years
ago, precipitated so many millions of freemen to the
frontiers of France ; and what has happened once
may, by- the blessing of Paovrnancx, happen again.
French .5 per 'Cents. Monday, 83 fr. 7.5 c.

The Duchess of CLARCNCE spent yesterday even-
ing
with the Princess SOPHIA.
The Fourteenth Anniversary of the Institution of
the Refuge for the Destitute was held yesterday, at
the City of London Tavern, the. Duke of YORK in the
Chair. His Royal 'Highness was supported by the
Earl of Ltvaaroot, Lord SIDMOUTH, and Mr. Wit,-
' BERFORCK, who subscribed liberally to the Charity.
The company was enlivened by some excellent songs
from professional Gentlemen, and about half-past ten
the Wail-man, with Lords LIVERPOOL, SIDbIOUI'II, &c.
retired,' and the company ditpersed.
Saturday afternoon, a small party of the 3d Dra-
goon Guards went from Dumbarton towards Helens-
burgh in search of some illicit stills. On their re-
turn at seven o'clock at night, when crossing Dum-
barton-bridge, the Corporal's horse suddenly reared
and threw his rider into the river, and the man was
unfortunately drowned.
Tne Cork Paper. received yesterday, says, that the
Serjeant of the 3d Veterans, who behaved so gallantly'
in the affair at Roscrea on the Sd inst. though.wounded
through the lungs, is likely to recover.
Gregson has opened an Academy in the Shakspeare
Gallery, Dublin, for teaching the polite art of Boxing,
and his schoOl is well attended by the Irish amateurs.

We notice, with much regret, the loss of a gallant
young man in the rencontre which took place a few
days since at Rye, between some smugglers and a
party of men employed on the Preventive Service;
in which Mr. WKENZIE, Midshipman, was -killed,
and three other Officers wounded ; seseral of the men
and smugglers being left dead oil the spot