year of his present Majesty, to amend the | laws relating to spiritual persons; and setting forth, "That the petitioner was, in the year 1805, appointed secretary to the then lords bishops of Ely, Oxford, Norwich, and St. David's, and continued to act as such secretary to all those lords bishops up to the period of the decease of the late right reverend doctor John Randolph, who had been translated to the see of Bangor, and from thence to the see of London, except to the lord bishop of St. David's, whose official business the petitioner could not pay sufficient attention to, in consequence of the great increase of the duties which devolved on him as the secretary to the bishop of the important diocese of London; and that, during the whole of the above-mentioned period, the petitioner did, at great expence and trouble, print and publish an abstract of the Acts relating to residence, containing forms of applications for licenses of non-residence, forms of notifications, &c. a great number of copies of which he distributed gratis, not only to the clergy of the dioceses where he was secretary, but to those of other dioceses also, up to the month of July last: and some of the lords bishops also caused short abstracts of the Act of the 43d of his present Majesty, chapter 84, to be printed and distributed amongst their clergy, in order that none of them might be ignorant of the provisions of the law; and their lordships the bishops in their charges to their clergy bave for many years past endeavoured to inculcate in the minds of the clergy of their respective dioceses the necessity of residence, with a more frequent performance of divine service, and have also recently directed their attention to the provisions of this Act; and that the petitioner has also, during all the period of his holding the before-mentioned offices, at considerable expence, caused advertisements to be inserted in the provincial newspapers almost every year, to acquaint the clergy of the dioceses of London, Oxford, Ely, and Norwich, with the necessity there was for them to renew their licences, if their original cause existed, and also to request others of the clergy to deliver the notifications required by the Act; and he has also caused circular letters to be written to the same ef. fect, upon an average for several years of at least 2001. per annum, which course has also been adopted by other secretaries of other lords bishops; and that the peti tioner did also cause to be written circular letters (the originals of which, in the hand writing of the lords bishops whose dioceses they relate to, are in the peti tioner's possession) wherein the clergy were desired to send the notifications to the bishop himself, at his lordship's residence, so late as the months of April and May last; and the lords bishops did also frequently cause advertisements to be in serted to the same effect, and expressing in very strong terms their displeasure that the clergy should render them necessary; the originals of such advertisements are in the petitioner's possession, and some of them are in the hand-writing of the lord bishop himself; and that although the measures before-mentioned were so repeatedly resorted to, in order that the clergy might be acquainted with the great necessity there was for them to pay attention to the law, yet their neglect still continued; and, after the Stamp Act in 1808 had affixed a duty of one pound upon li cences for non-residence, the difficulty of inducing the clergy to renew them became considerably greater, and those who did renew such licences, in many cases, left them in the hands of the petitioner, without paying the expence of the stamps, and the fee prescribed by the act of parlia ment to be due to the petitioner thereon; and notwithstanding letters were sent to the clergy, desiring them to take away such licences and pay for the same, and informing them that a copy ought to be deposited in the parish chest, according to the statute, many of such licenses still remain in the possession of the petitioner in consequence of such non-payment, and many others have been sent to the clergy without payment, and remain unpaid to the present time, although often requested both by letter and personally; and in consequence of the non-renewal of licences from the year 1805 to the present time, and of the neglect of the clergy in paying for those which had been granted, and the stamps to which they were subject, the petitioner hath lost a considerable sum of money, to which, under the said Act, he was legally entitled, by means of which also the revenue has been considerably diminished; and that the petitioner has ascertained that there are 10,801 benefices in England and Wales, and that there were 6,311 benefices without any resident incumbent; and that there were so few resi dent curates employed to supply their places, that there were 4,788 benefices only stay proceedings until the 29th of April next, by which time the House would be able to take some measures to discriminate between those who were bond fide transgressors of the law, and those who had incurred the penalty through inadvertence. Certain he was, that many of the clergy had not received sufficient notices of the enactments of the statute, If the petitioner wished to have been heard by counsel, he might have prayed for it in the voluminous petition which they had heard. The sooner, however, the Bill was passed, the better it would be for the petitioner, as well as the sufferers. The petitioner, without doubt, would be entitled to costs up to the time of the passing of the Bill, in those actions for which there was legal ground. The Petition was ordered to lie on the table. The Non-Resident Penalties Suspension Bill was then read a third time and passed. without a resident minister of any description; and the petitioner has also ascertained that the lords bishops have been so much imposed upon by false notifications and other means, that the returns delivered to his Majesty in council are very incorrect; and the petitioner sheweth, that the Act of the 43d of his present Majesty, for enforcing the residence of spiritual persons on their benefices, appeared to be, and in fact was much evaded; and the petitioner, trusting the said act of parliament was not enacted without an intention of its being enforced, and believing that the lords bishops and community in general would be much benefited if the provisions thereof were carried into effect, he commenced actions against several of the clergy whose cases are of a description hereinafter mentioned, and who have evinced a contempt and disregard of the laws (except in two or three instances in which the petitioner has since discovered he was incorrect, which he has directed to be discontinued), such as sending notifications of exemption for non-residence on two or more benefices, for various causes which on examination are found to be false; licences obtained by false representations; licences suffered to expire for near two years, and which have not been renewed because the incumbent would not send a curate to the bishop to be licensed to supply his place; some of the incumbents residing nearly one hundred miles distant, and holding two benefices by dispensation, to obtain which they are obliged to give bond to reside on one, and to keep a resident curate on the other, and to preach thirteen sermons on the one on which they do not reside, which they do not perform; others returned as resident on two livings, when in fact they reside on neither; and praying that the said Billing the church of St. Margaret, Westminmay not pass into a law; and that the petitioner may have such relief as the House shall please to direct." The Petition having being read, Mr. F. Wright said, he hoped that the Bill, the third reading of which stood for that day, would be postponed; as he understood the petitioner intended to present another petition, to be heard by counsel at the bar. He then moved that the petition do lie on the table. . Mr. B. Bathurst said, that he could not consent to postpone the third reading of the Bill. No injury would be inflicted on the petitioner by the Bill; as it would REPORT FROM THE COMMITTEE OF SUPPLY.] Mr. Lushington reported from the committee of the whole House, to whom it was referred to consider further of the supply granted to his Majesty, the Resolutions which they had directed him to report to the House; and the same were read, and agreed to by the House, and are as follow: millions sterling, be granted to his Ma1. That a sum, not exceeding three jesty, to make good such engagements as may be subsisting, or be contracted, between his Majesty and foreign powers. be granted to his Majesty, for defraying 2. That a sum, not exceeding 3,0591. the remainder of the expences of repair ster, above the sums granted by parlia ment for that purpose, and that the said sum be issued and paid without any fee or other deduction whatsoever. mittee of the whole House, on the Bill for Mr. Lushington reported from the comraising the sum of 22 millions by way of had made to the Bill; and the amendannuities, the amendments which they House; and an amendment was made to ments were read, and agreed to by the the Bill. Ordered, That the Bill, with the amendments, be ingrossed; and read the third time upon Monday next. HOUSE OF LORDS. Monday, November 22. The first reading of the Clergy Penalty Suspension Bill (which was ordered to be printed) took place on the motion of the archbishop of Canterbury; who gave notice of his intention, if the prints were on the table, to move the second reading on Wednesday, for which day the Lords were ordered to be summoned." Lord Holland presented petitions from the debtors confined in Chelmsford gaol, the gaol of the county of Berks, and cer tain persons, natives of foreign countries, confined in the King's-bench prison, praying relief; which were ordered to lie on the table. His lordship also presented a petition from the debtors confined in the Isle of Man, praying relief; and took the opportunity of observing, that for a considerable period, although several Insolvent Acts had passed, yet these unfortunate persons had remained without relief. He understood that the local legislature of the Isle had passed an Act last year for the relief of the debtors confined there; but, unfortunately, it had not received the sanction of government. Lord Viscount Sidmouth stated, that the Act for this purpose passed by the House of Keys had been officially transmitted to him to be laid before the Prince Regent in council. Upon reference, however, to the law authorities, the Act was found so extremely objectionable, that it could not be assented to; and an order in council, stating precisely the grounds of objection, was sent to the governor of the Isle of Man, with a recommendation for the local legislature to pass an Act free from those objections, which would be readily as sented to. He believed that the House of Keys had not assembled since that period. Lord Holland observed, that probably the House of Keys, like other Houses, would readily attend to the suggestion of the noble viscount. The Petition was ordered to lie on the table. The Lord Chancellor introduced a Bi!l for vesting in the accountant-general of the court of Chancery for the time being, and his successors, the property in that court, which found its way there in consequence of the burden thrown upon the court by the legislature, in sending them + for arrangement the affairs of Canal Bills, Turnpike Bills, Parish Bills, and other speculations, which took up so much of the time of the court. He introduced a similar Bill last session, which passed that House; but, owing to the want of time before the close of the session, could not get through the other House. The object of it was, to prevent property of that description (the property of the suitors being already provided for), from vesting in the representatives of the accountant-general in future, and to take it out of the hands of the representatives of the former accountants-general; so that, upon the death, resignation, or removal of that officer in future, the property should immediately vest in his successor. The Bill was read a first time. The Lord Chancellor read a letter from sir Thomas Graham, acknowledging his high sense of the recent vote of thanks of that House; and a similar letter from sir J. Abercromby, relative to the vote of thanks for the capture of Mauritius. MILITIA SERVICE BILL.] Earl Bathurst moved the second reading of the Militia Service Bill. His lordship observed, that he felt it unnecessary to take up the time of the House by entering into an explanation of the conduct of ministers in bringing forward the present measure. It was. scarcely necessary to remark upon the singular and admirable features of the war. Our successes, the great battle of Vittoria, the possession of the Pyrennees,-the advance into the enemy's territory,-were all sufficient grounds for persevering in the great cause which we had begun, and exciting and invigorating the resources of the country. If our successes had been inferior, even in this there would be much reason for continuing and increasing our efforts. While so noble a spirit had been raised in Europe, while such high interests were struggling in the North, it was not fitting that a power of the dignity and rank of England should not take a share worthy herself in the great cause of nations. But let the House look upon passing events; and if they had not then ground, let them find it in that which had occurred between the time when this Bill was introduced and the present moment, that noble burst of patriotic feeling which had arisen in Holland, recalling old attachments, returning to ancient loyalty, renewing ancient habits, and friendships, allowed to volunteer. It might be objected, that there would be a hardship in prohibiting the services of men willing to come forward. To this the answer was, that in every regiment there was a proportion, and that nearly amounting to the proportion stated, of men who, from age or acci dent, were not fit to be exposed to the fatigues of active servicemen, who, though equal to highly useful occupation at home, were better not hazarded lightly to a foreign campaign. He could not, however, impress it too fully on the House, that it was by no means within his ideas to break down the fabric of the militia. The establishment was of the highest importance: obvious as were its advantages from the original scheme, scarcely any man could have conceived the important uses of which it was subsequently found capable. It had formed among us a large and vigorous portion of the national defence during the threat of invasion. In case of the attempt to realize that threat, it would have been found, doubtless, eminently useful and The mode of increasing the regular force had been frequently a matter of consideration with their lordships, and it appeared that the most valuable source was to be found connected with the militia system. The first step had been, to allow simple volunteering into the line: the present Act had a farther view, and it contemplated the service of the volunteer, both as a soldier of the line, and of the militia. It was proposed, that in every regiment where 900 men volunteered, three field officers-should be allowed to volunteer also; where six hundred, two; and where three hundred, one; but in any regiment whose number did not amount to the lowest ratio, if three-fourths of the whole volunteered they were also to have one field-officer. Where a sufficient num-trust-worthy. It had rendered important ber of field-officers did not offer, the right of appointment to devolve to his Majesty. These regiments were to be formed into provisional battalions, commanded by officers of the line, the officers receiving half-pay. Their lordships would scarcely regret, on knowing the nature of the militia, that those officers were likely to share in the liberality of the House. A great proportion of them were meritorious gentlemen, whose income largely depended on their appointments in the service, and who in the prospect of a peace saw before them only a painful diminu tion of their competence. He could not help thinking it fortunate that this mea sure allowed, if he might be permitted the term, an excuse for insuring to them the reward of their services. There were but few additional circumstances. One was, that militia officers thus serving should be equally with others subject to the usual forms of the line courts-martial. In the next place, no field officer of a provisional battalion was to have a higher rank than that of lieutenant-colonel: for, as it was the intention, that when acting in the field those bodies should always be under the command of an officer of the line, it might otherwise happen that the militia officer should be senior to the line officer. An other limitation was, that not more than three-fourths of any regiment should be services in the insurrection in Ireland, and in suppressing those similar disturbances which were partially felt even here. It had, in the last instance, conduced to the strength of the regular force, and supplied the line with its finest troops. There was one service which it had rendered, and which, though it was not distinctly obvious at first sight, might be reckoned of no slight national import. It gave occupation to the higher orders of the country, for whom the necessity of occupation was most pressing, and its nature of the highest interest to the community. It generated popular and manly habits among them; it accustomed them to mingle among the inferior ranks of the state; it supplied them with an honourable exercise and honourable acquirements for the general protection; and if even those ends were not all ensured together, it at least drew them away from those pursuits, which, degrading and unhappy as they were; naturally assailed men of rank and fortune, and in corrupting them, corrupted the most influencing and important order of society. His lordship then proceeded to enumerate the other powers of the Bill. Among the rest, it provided for his Majesty's acceptance of the service of single companies, the officers being entitled to half-pay. These com panies to be attached to regiments of the line, or formed into battalions by themselves. In this case, the preferment would not suffer any obstruction; as the officer commanding the attached company would follow the order of the regiment, and those employed in the battalions of companies would of course not be in a condition to interfere with the re gulars. The only objection which seemed to be taken to this measure was, that officers looking to permanent rank would naturally engage all they could to volunteer, and thus impair the usual demands of recruiting from the militia. The answer might be, that, as it was by no means intended to stop the usual recourse to the militia for the support of the line casualties, officers would have it in their power to volunteer still, as they had done previously. He expected the concurrence of the House to a measure which promised to be of the most signal use, and he would not therefore take up their time further upon the subject. The Bill was read a second time. Earl Bathurst suggested, that as it was of importance to pass the Bill without delay, the House might probably be induced to negative the commitment. The Duke of Norfolk was anxious that not the slightest obstacle should be thrown in the way of the progress of this Bill, which he thought it was essential to pass without the least delay. The commitment was then negatived, and the Bill ordered to be read a third time to-morrow. HOUSE OF COMMONS. Monday, November 22. INSOLVENT FOREIGNERS.] Sir Samuel Romilly presented a petition from certain foreigners confined in the Fleet prison, and in the King's-bench, praying that the benefit of the Insolvent Act should be extended to them. They hoped that the House would be the more inclined to view their case with favour, from the consideration that they were the subjects of other countries, where they would not have been exposed to such severity of treatment. As he understood that the Act, passed in the last session, was to be suffered to expire, he perhaps owed some apology to the House for presenting a petition, claiming the benefit of an Act which was about to expire. He had really been surprised, at hearing that the Act was impossible to be carried into execu(VOL. XXVII.) tion. He believed that it had not been tried yet, and that the first sitting of the judge appointed under it would be next Friday. He wished to know whether there had been any attempt to carry it into execution in Ireland? He had heard a great deal of the complex machinery of this Act, which made its execution impossible. He could not believe that the difficulties were so great as had been represented. As to what was called the machinery of the Bill, it had been introduced by the noble and learned lord who originated the Bill. As his ideas, in this respect, had been acquiesced in by the very highest authorities of the law in another place, he had made no opposition to it. He felt, however, convinced, that there could not be any such faults in the machinery of the Bill, as it would not be easy for parliament to provide remedies for. Mr. Lockhart said, that if he did not bring forward the Bill for the speedy discharge of the insolvent debtors, he thought it necessary to state his reasons shortly. He never had intended to repeal the present Bill; but he wished to give a con current jurisdiction to the quarter sessions, for the purpose of accelerating the object of it. He wished much that the Bill should be fairly tried; but he was afraid that he might be doing an injury instead of a service to those insolvent debtors who expected a speedy discharge, if he were to bring in a Bill now, which might not be passed in the present session. The Attorney General assured the hon. gentleman, that there would be no time lost in considering how to relieve the insolvent debtors. He thought it was likely that this day would not pass without a mo tion being made by a noble lord in another place. [Here the Speaker interposed, saying, it was not regular to refer to the supposed proceedings of the other House.] The Attorney General then observed, that he might be allowed to say, he was assured that a measure affording speedy relief to the persons who were aggrieved by the delay under the present Act, was in preparation, and would be passed before the recess. For himself, he did not find that there was any thing objectionable in the principle of the Bill; and if time were given, he conceived it might be made a very wholesome law. But he agreed that it was necessary to do something immediately, and for that reason he (N) |