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cited the grant, and observed, that in the of man, and where, besides, the few priestfirst clause the words were, that "he ly functions performed are paid for to a granted the lands of Grange de Lynge, in neighbouring clergyman. But however the county of Lincoln, and all the lands in unreasonable and inequitable such a claim the lordship and parish of Rysom, to the said | may be, there is still something infinitely Charles,' &c. which, whatever construction worse, when we come to examine some of might be put on it, strongly inclined him the circumstances attending this case. to believe, that Grange de Lynge was in This gentleman's father purchased this the county, and not in the parish of Ry- estate in 1721, under the idea of its being som. The other part of the said grant, only encumbered with a payment of 151. which the learned judge seemed to lay | per annum; and at the end of half a cen. greatest stress on in his report, was, where tury, a claim is made which will considethe grant mentioned all granges in said | rably lessen its value ; and what still causes parish, and no other grange appearing to additional aggravation is, that the present lie within the parish, it was extremely na- | appellant and his father have expended tural and probable, that it could be only above 8,0001. in improving the estate; so Grange de Lynge wbich was meant to be that a man may sink his whole fortune therein described; but here again he improvement, and be permitted to do so, begged leave to differ: for coupled almost and by this doctrine it may go on from fa. with those words, Grange de Lynge was ther to son successively for a century and described to be in the county of Lincoln, a half; and when the wild or waste is and not in the parish of Rysom ; conse- brought into a state of cultivation, then quently, he was clearly of opinion, that some dormant claim is set up, wbereby Grange de Lynge was an extra-parochial | the person or family may be at once place, and that the decree of the court of stripped of the fruits of their industry. Exchequer, ordering a new trial on that His lordship, therefore, said, that if a moissue, ought to be reversed. As to the tion had not been already made by the composition real, no evidence having been noble and learned lord on the woolsack, brought to prove that it was of more an- | he should move for reversing both orders, cient date than the year 1707; and diffe- | but at all events he should give the latter rent sums, at several times, being paid, I part of it his hearty negative. one time 1l, another 101. and lastly . The Earl of Denbigh said, that the prin151. which if an ancient composition | ciples of the Revolution were strongly in within the statute, should have been favour of juries, and that he should never equal and uniform, he was of opinion, that sit silent, and hear it as a doctrine not to another trial ought to be had, and that of be departed from, that the judges were to course the second order ought to be af. | determine when juries did, or did not firmed. His lordship then returned to the perform their duty; that however high woolsack, and put the question on the re- respect he might entertain for the learned versal of the first order, which was agreed | judge who tried the cause, or deference to; and having put the question of he might be willing to pay to his opinion affirmance on the order of a new trial on on matters of mere law, he should never the second issue,
countenance any thing which might seer Lord Le Despencer said, the present or to have the most distant appearance o der, if affirmed, might be a precedent big granting new trials on slight occasions, o with the most fatal consequences to the giving the judges an indiscriminate con landed interest in general; and that, troul over jaries. No man respected the should such a claim prevail in the present church more than he did, or wished mor instance, it might at once render one half sincerely for the preservation of her jus of the landed property in the kingdom in- / rights and privileges; but he believed, 1 secure and precarious. Here, said his such vexatious claims as the present wer lordship, from 1601, for the space of 174 ) set up and pursued, the nation at larg years, a composition has been paid in lieu would find itself under a necessity of pro of tythes; and now a man, in a distant curing a nullum tempus law, to secure then county, who cannot perform any duty, be- l property against the encroachments of the cause he cannot be at the same time in church, as it had been on a recent occa two places, in Essex and in Lincoln, sion against those of the crown. comes to demand tythes in a place where The Archbishop of Canterbury (ne there is no congregation, where there is hon. Frederic Cornwallis) said, he by not a church, nor has been in the memory means agreed with what fell from the RODA earl: and as for the noble lord who spoke lords, would be the consequence of such before him, he presumed to say, he was a procedure? Why, that we sitting here mistaken; for the composition which he in our judicial capacity, should, by one said took place in 1601, was of no longer single determination, abrogate all the laws standing than 1707; and to go no further of the land ; for if we can do it in one ininto the argument, the difference between stance, cannot we clearly do it in every both compositions was the fullest proof of other? There is an express statute passed the non-existence of either as an antient in the 13th of queen Elizabeth, which pocomposition; because, if it could be so sitively nullifies every agreement made by construed, the composition at both periods an incumbent, which may injure, nay must have been the same; whereas the bind, his successor ; and are we to alter former was 101. and the latter 151. the the laws of the land, because from some strongest proof in the world with him, that particular instances we are induced to they were made according to the real think and feel our consciences satisfied ? value at the respective periods.
No; if it be an hardship which may exLord Le Despencer answered, that it tend in a variety of instances so as to bemattered very little what was the compo come a real grievance, let the legislature sition at one time, compared with what it remedy it, let a Bill be brought in to prewas at another ; but a prescription or vent the mischief; but let us not, under usage of 60 years, from 1704 or 1707, to the appearance of equity and justice, by 1767, satisfied his conscience (all the a vote of this House, overthrow all law other circumstances of a bona fide pur and justice, and by averting one evil, inchase, and money expended in improve-troduce ten thousand others of infinitely ment considered, with the total non-per- greater magnitude. formance of duty, and abstinence of all Lord Camden informed the House, that the functions on which the respondent as he did not attend till the second day, could only equitably claim the tythes or he should give no vote on the occasion ; ecclesiastical dues that the present com- he should never be the first to introduce position was a good one, and should be so fatal a precedent, should it ever come sustained by their lordships.
to be adopted, as giving a vote without The Archbishop of Canterbury replied, personally attending from the beginning that the question in his opinion was simply, to the end. His lordship complimented whether the Act of the 13th Eliz. since | lord Mansfield highly on the part he had which no composition could have taken taken, as the great patron of the common place, should determine their lordships. law. He expatiated largely on the senti. He therefore called upon some noble lord, ments thrown out by the noble and learned in the law, to rise and direct the learned lord; after which he confined judgment of the House, in a matter which himself chiefly to two points: the first to seemed at present to be controverted. prove, that there was no composition ; for
Lord Mansfield, after assuring the House that the sum paid was always fairly equithat he did not mean to give a vote, as he valent to the value of the land, even to had not attended on the two first days, the very last composition, in the reign of said, he was astonished to hear such doc queen Anne, when the lands in question trines laid down, as persons' consciences were rated at 1041. per annum, and the being satisfied in direct contradiction to composition was 151.; the second, to shew, an express statute. He insisted, that any that whenever a nullum tempus Bill should determination formed on such doctrine pass, respecting the possessions of the would be monstrous, would be iniquitous. clergy, from that instant there would be a I do not pretend to say, continued his foundation laid for stripping her of her wordship, whether the composition con- inheritance, as things might be easily ma. tended for is not more ancient than the naged between the patron and incumbent, reign of queen Elizabeth ; but will any so as that in two ordinary successions, the lord in this House, at this time of day, I patrons, in whose gifts the livings are, rise and tell me, that a composition of 60 might settle matters with those who might or 174 years, or even an hour later than be glad to accept them on any terms; the passing of the statute of the 13th Eliz. that compositions might be set up within will legally or equitably defeat the inten- a period of sixty years, sufficient to strip tions of that statute ? No, I hope I shall the church of more than one half, or two never hear so wild, so dangerous a doc- thirds of the real value of the livings she trine seriously maintained. What, my now possessed.
The question being put on the Lord shares; and that those shares had been Chancellor's motion, it passed in the af- sold. Not intending to reflect upon the firmative, without one dissenting voice. noble lord (Dunmore) who must have had
the principal hand in that business, or Debate in the Commons on bringing in upon any other person in particular, he the Bill for restraining the Trade of the wished for information whether the facts Southern Colonies of America.] March 9. thus confidently reported, were true. The House having resolved itself into a Lord North gave no answer, but deCommittee on the Papers relative to the fended the propriety of the Bill now moved Disturbances in America,
for. The former Bill was only against a Lord North moved, that the Chairman part of America; this against the re. be directed to move the House, “ That mainder. He did not recollect that he leave be given to bring in a Bill to restrain had ever said he would wait to know the the trade and commerce of the colonies of event of the first Bill, before he proposed New Jersey, Pennsylvania, Maryland, another. As the colonies had come to an Virginia, and South Carolina, to Great agreement to carry on no trade whatever Britain, Ireland, and the British islands in with Great Britain, Ireland, or the West the West Indies, under certain conditions | Indies, he was clearly of opinion, that it and limitations." He said, as the southern became indispensably necessary to restrain provinces had acceded to the non-impor- their commerce, and prevent them from tation and exportation agreement, it would trading with any other country.Leave be manifest partiality not to make their was given to bring in the Bill, punishment the same as the northern provinces,
Debate on a Motion for a Bill to enable Lord John Cavendish little expected to Members of Parliament to vacate their see another Bill of the same tendency with Seats.] March 15. Mr. George Grenthe last so soon make its appearance : but ville said: It has been frequently urged, he should endeavour to frame his mind so Sir, and indeed with some justice, that no as that nothing should surprise him. parliainent ever made the provisions equal
Sir W. Mayne was no less astonished, to those agreed to by the last, for a sysas he understood from the noble lord, that tem of parliamentary independence in this he meant to proceed no further, till it | House. At least, Sir, I am not the man should be known what effect the former to reprobate it, or to endeavour to take Bill would have. He thought the present from them any part of the merit which an irritating measure, from which no sa- they, on that head, are so justly entitled lutary consequence could be expected. I to. If, however, there should be any part
Mr. Hartley, after lamenting the fluc of that plan imperfect; if, from the exituating state of our public councils, ob- gency of the time, or indeed from any served, that a few days ago, nothing was other reason, they were not enabled to echoed from the other side of the House pursue that system to the utmost, we, their but plans of conciliation, of moderation, successors, must feel it incumbent on us and concession. In all probability, said to give it due consideration, and, in the those gentlemen, though all the colonies discussion of it, we should adopt it as a should not consent to tax themselves, or legacy entrusted to us; and we are well break the non-importation and non-expor- justified in assenting to any feasible systation agreement, some of them certainly | tem, however weakly the great arguments will, and destroy the confederacy, the re- for it may be urged, however unequal may fractory with very little struggle, must be the abilities of him who moves it, how. submit. Now, what is the language? | ever light his authority, however great his Drive the whole continent of America into inexperience. The evil of which we now despair ; hold out no temptation to the complain lies within a very short compass: moderate and less offending, and that is I will not, therefore, detain you long in the sure way to restore peace and har- stating it. It will not be denied me, that mony, to recover our commerce, just on there are many situations, in which a the verge of destruction, and to reconcile member of this House inay wish to rethem cordially to our government. He siga his trust into the hands of those from said, he had been informed that lands on whom he held it. I know that here! the confines of Virginia had been ceded tread on the most tender ground, when at the conclusion of the late Indian war, I attempt to define the relative duties of which cession had been divided into 22 constituent and representative, or wher
state a situation in which we can be justi- | dependence in this House, by giving to fied, in refusing to lend our services to the the electors the power of rejecting those public, and to this House : the position, / who might appear to them to have ac. however, which I lay down, and which Icepted employment, on dependent prinmust prove to the satisfaction of the ciples. By the abuse of the times, this House, is, that there are situations in has been long since perverted to very difwhich, so far from acting dishonourably ferent and unconstitutional purposes ; for or unworthily, a member would justly de- it is under this Bill, that members, wishserve both these imputations, did he not ing to vacate their seats, solicit the favour avail himself of every legal means of dia of the minister. As this is the first time vesting himself of his trust. Need I, Sir, that I have named the minister, I owe it remind this House, of the instances we to myself to declare, that in this motion I daily see, of the old members, to whose disclaim all personal attack ; it is founded services and attentions we have been so on a great constitutional line, without conmuch obliged, exhausted in their attend. veying any reproach to the noble lord at ance on this House; they may feel them- the head of the Treasury ; should I, there. selves unequal to their eager wishes, in fore, have occasion (which I am persuaded performing the duties incumbent on their I shall not) to quote cases, in which this station ; the vigour of their mind impaired, courtesy of the minister has been refused, the strength of their constitution sacrificed I shall confine myself to instances in a more to their services, what must be their wish? remote period. To remedy this evil, it Ripe in years, and ripe in honours, they is proposed, with the greatest deference wish but for a few tranquil moments, pre- to the opinions of this House, to enable paratory for the grave. A second situa- the members to vacate their seats, by sig. tion may occur, in which a member may nifying their wish to the Speaker, under wish for any honourable means of vacating certain regulations. Nor, Sir, is this idea his seat; when called upon by motives of entirely new ; it is a part of the ancient interest, conveniency, or perhaps nobler constitution of this House, which, I hope. motives, he may employ the power of his/ the following precedents, extracted from life in active foreign service, of a nature your Journals, will sufficiently prove. which may not vacate his seat under the [He here quoted a multitude of precepresent system. Will it not, Sir, embitter dents to prove, that, from the year 1575 those moments, perhaps otherwise happy, to 1609, it had been the invariable prac. when he reflects, that the only return tice of parliament, to issue new writs in which he can make to the kind partiality the room of such as were sick, or on of his constituents, which placed him here, actual service.] is to deprive them, by his absence, of their I should entreat the pardon of the share in the representation ? Allow me, House, for detaining them so long on the Sir, to name a 'third, which is, indeed, of subject of precedents, were they not nea much more serious nature : let us sup- cessary to shew, that this motion, if it pose a member possessed of the qualifica succeeds, will only bring our parliamen. tions requisite for the seat he takes ; by tary constitution to its former system. I accident, or indeed for provision for a have not quoted many instances where helpless family, or for any other motive at seats have been vacated by foreign serhis option, he may be reduced to part with vice; the reason is not from want of prethat qualification ; scruples of a concedents, but from the too great abun. scientious heart may suggest to him the dance of them, which, to say truth, almost necessity of surrendering a seat, to which, I universally contradict each other on the in my construction of the Act, from that face of your Journals. I stand, however, moment he can have no claim. I confess in the judgment of the House, who will, the case is not likely to happen ; but as I doubt not, agree with me, that in these long as it is possible, I have a right to use two situations the practice of ancient times it to my argument. Having, Sir, stated has been invariable. I shall only trespass these three, out of a great variety of situa- further on the indulgence of the House, tions, where it is expedient and proper for to consider shortly what may be the oba member to wish to divest himself of his jections. The first will probably be, that trust, I shall, in a few words, state the only lit retrenches the prerogative of the crown. method which at present can be taker. for 1 will answer it in one word, that I know of these purposes. The Place Bill was ori. no prerogative which can dispose so arbi. gioally meant as the great security to in- trarily of a seat in this House. A second may, indeed, be of a more serious nature : an entire difference in the constitution of it may be urged, that we fail in our duty the House of Commons. That when the to our constituents, by dissolving the great members received wages from their conreciprocal tie between us; that from the stituents, and the service of parliament moment of our return to parliament we was a burden people did not wish to bear, are the indentured servants of the public. it might have been very improper to have In answer to this objection, which is in- given them such power of quitting their deed on very delicate and tender ground, station ; but that at present the case was let me ask any hon. gentleman who uses altered, and so far from being a burden it in argument, whether this consideration it was an honour every person wished for, ever weighed one moment with any man, and no sooner was à vacancy declared who wished to vacate, under the present for any place, but fifty candidates were system. The only difference then will be ready to start. that we shall be constitutionally autho Mr. Welbore Ellis observed, that he alrized to adopt a measure, which at pre-ways had a dislike to doing any thing sent we are forced to conceal under a false which altered the constitution; that it was pretence, and by a mean evasion; and opening a door which would perhaps let even this, Sir, is dealt out to us as a in fresh innovations; that in the present courtesy of government; and I appeal to instance no one had said in defence of the the independent feelings of many who motion, that the present time called for hear me, whether this consideration is not such a measure, as the minister had been alone a sufficient reason for the present complimented on the readiness with which motion. It may be urged, that it is ill. he granted the Chiltern Hundreds ; and timed. Allow me to say, that no time as that was the case, he could see no precould be ever so opportune ; and this ar sent necessity on speculative opinions to gument I ground on the candor of the no. | adopt a measure our forefathers had never ble lord opposite to me. He has, as I am thought of. He should agree to the moinformed, (for I am but young in parlia- tion if it could be shewn there was ang ment) declared his resolution of never re- necessity for such a Bill at this time. fusing this courtesy to any member, of Mr. Bayly said, he knew not whether any party. I will do him justice in sup- he should be able to convince that right posing that he took that determination hon. gentleman who held so lucrative an from the consciousness of the possible office under government, but if the House misuse of the power lodged in his hands. would indulge him with leave to lay before Whatever were his reasons, they will all them a few plain facts in which he himsel operate strongly to determine him, to give was particularly concerned, he made ne that support to this motion, which I am doubt but many other gentlemen woul sure he will, from knowing how much see the indispensible necessity of such some future minister may misapply this regulation as was intended by the present power. I move, Sir, « That leave be motion. He then informed the House given to bring in a Bill to enable the that though he had now the honour o Speaker of the House of Commons to being representative for Westbury, th issue his warrants, to make out new writs, | place of his nativity, yet he had first offer for the choice of members to serve in par- ed himself a candidate for Abingdon liament, in the room of such members as where being opposed by a gentleman wb shall signify to him their desire of vacating was sheriff for the county, he petitione their seats in this Housc, under certain re- | the House against his return, as bein gulations.”
from his office ineligible; that the sele Lord Bulkeley seconded the motion, on committee, in conformity to the gred the same principles.
trust reposed in them, declared the elet Mr. De Grey opposed the motion; said tion to be null and void ; that the momen he did not approve of it, and that the the determination of the committee wi power should remain where it now is, of known, he resolved upon offering himse granting leave to vacate the seat.
again, as he was well assured that his ir Lord Folkestone observed, that the pre- terest in the borough was considerabl sent constitution of vacating seats was not strengthened since the last election; bi interwoven in it, but had crept into it of before he set out, he consulted many late years, by a strange perversion of an his friends in the House, to know wheth act of parliament ; but that if even it had | he was likely to meet with any difficult been of older date, yet the time had made in vacating the seat he now possessed, ar