Imágenes de páginas
PDF
EPUB

of informations proving the number of offers could be no reason for relaxing the law. He thought this alfo would be unpopular, and difguft the inferior clergy themselves, by favouring only the higher orders. He cenfured the claufe allowing a clergyman to farm, which invited them to filthy lucre inftead of divine purfuits. If preaching once a week were all their employment, they were now overpaid; but if they did their duty, in vifiting the fick, and affifting the poor, and fetting a general good example, their earthly reward would not equal their defert. For this end they fhould refide in their parish; therefore he difapproved the bil: he revered the bishops, and their religion, of divine origin; but oppofed any further temporal power being given them.

Colonel Strutt rofe to obferve, that he agreed with fir H. Mildmay in Mr. Dudley's praife, whofe agricultural labours had been univerfally approved by the whole county of Effex.

The bill was then committed to a committee of the whole house.

Mr. Dickinson faid, that fhould the bill go through it with amendments, he fhould move that the report be directly received, and that the bill be re-printed, and re-committed on Monday, and then be confidered. He wished it to pafs this feffion, and not to remain till the next. He should move afterwards that its provifions extend to the 2d of March 1802, and no longer. Another amendment was moved, to oblige each clergyman defiring leave of abfence from his parish to fix fuch notice on the church-door fome time previously.

These amendments were agreed to pro forma, to be difcuffed

when the bill fhould be re-committed.

The report was received, and the bill ordered to be printed. It was moved for further confideration on Monday.

Mr. Robfon propofed Tuesday. The house then divided. For the original motion 33-Againft it 7— Majority 26.

In the houfe of lords, on Friday, June 26th, on the motion for the fecond reading of the clergy refidence bill, the bishop of Rochester faid he did not expect its fecond reading as a motion of course, but that fomething would have been faid on it, a mifunderstanding about it having prevailed, efpecially among the clergy. He meant not to oppofe it, though a warm advocate for the refidence of the clergy, as promoting the interests of religion: their frequent non-refidence was fcandalous to the church of England. It was conjectured that this bill would end all fuits and informations already commenced.-Not fo. It did not repeal the act of Hen. VIII, but fufpended only for a time all prefent fuits, that parliament might revife the law as it ftood. Zealous as he was for refidence, he allowed there were cafes where it was hard to enforce the act against non-refidents; as where the decay of the parfonage-house rendered it uninhabitable, and which was frequently the cafe in London, fuch houfes being often occupied by the loweft mechanics. But this decay, though not owing to the prefent incumbents, but to the predeceffor, was the refult of non-refidence. However, he faw no neceffity for their conftant refidence, but he contended that ftill fome clergyman fhould be there.

The lord chancellor left the woolfack

fack to fay that the prefent bill was only to fufpend many fuits and proceffes already begun for nonrefidence, not entirely to quafh them, but leave them as they now ftood when the fufpenfion fhould ceafe. More than this would be unjuft, fince thofe who commenced the fuits and informations had been required by law thus to act, and were entitled to the rewards offered. The prefent bill was proper and neceffary, by which parliament might revife the exifting law, to re confider and place it on a firmer bafis for the future refidence of the clergy. Non-refidence at prefent prevailed (as was observed) to a fhameful excefs; as fometimes the incumbent had never entered his parifh from the day of induction. As a warm friend to our church establishment, he was for the refidence of the clergy, being fatisfied that much feditious language lately indulged against the government and nobility arose from non-refidence; it being obfervable that where the clergy refided lefs fedition had been heard than where they did not. As to the act of Henry VIII. it called for amendment. In trying actions for non-refidence, he was much grieved in being frequently obliged to find a verdict for conviction, as otherwife he could not have done his duty as the law flood. In fome caufes he was compelled to convict pious and worthy men, who always punctually difcharged their duty, but had not refided, there being no parfonagehoufe; and this itself was the refult of non-refidence. The law therefore called for rcvifion. It unjustly punished thofe who were non-refidents by neceffity, as well as those who were not. It was alfo unequal, fince the penalty of 10l.

per month was the fame on a living of 1200l. per annum holden by a fingle man without any incumbrance, and poffibly with an independent fortune, and on that clergyman who, with a wife and numerous family, poffeffed but 110l. ayear.

Lord Alvanley agreed to all that had been faid, having no other objection than to the day of fufpenfion (25th of March), which was inconvenient to the fuits already begun, whofe cofts would be the fame as if the bill had not paffed. He wished for a nearer day-fix weeks after the commencement of the feffion, or any other near day; but if this fhould limit the time of the legiflature too much, he would now affent to the bill-which, being again read, was committed for next day.

On Monday, June 29th, on the third reading of the bill,

The duke of Norfolk rofe, and faid that this was a bill of serious importance to the legiflature. Their lordships had often reason to complain of fuch bills prefented fo late in the feffion, when a competent judgment of them could not be made: they muft either neceffarily pafs them in ignorance, or entirely reject them. It was then too late to confider the bill, though material to the clergy, the church of England, and general morality. The act of Henry VIII. had long required amendment; and as that branch of the legiflature had the reverend bench to affift them, it was thought the bishops would have taken the lead in a concern which was their peculiar province, namely, the refidence of the clergy. Perhaps fo much of the feffion had elapfed without any thing done, because the meafure was expected at their hands;

but

but nothing being done, the commons had brought the bill before the house to proceed towards it. The prefent bill concluded the fuits and proceedings already commenced. He had much to fay, were it not useless at fo late a stage of the bill. He hoped that the fubject would be duly confidered hereafter; and parliament fhould recollect, that the evil of non-refidence was not confined to this country, but extended alfo to the united kingdom, who, having no legiflature of their own, trufted to the wisdom of the imperial parliament to legiflate for them, and to provide a proper and effectual remedy, liable to no objections of harshness and injuftice, which the exifting law was fubject to. He faid much lay in the power of the prelates, who were the proper guardians of the church, and thus were peculiarly bound to provide for the refidence of the clergy, and their discharge of their duties. He hoped therefore that they would feriously confider the fubject, and frame fome bill or, meafure better calculated for the evil than the prefent. He remarked on the prelates of Ireland, that great complaints were made on the non-refidence of the clergy: and he behieved much of the troubles and rebellion were owing to the neglect of the proteftant clergy in their clerical functions; which evils could not have been, had thofe prelates more narrowly infpected the conduct of the clergy. Had they exerted themselves with vigilance and precaution, Ireland might now have been in a different fituation, and become a proteftant country. The admonition he had given the reverend bench would, he trufted, be well received by them, as they muft concur with him that it be

1

came them to attend to the proper conduct of the clergy, which the public had a right to expect. He concluded with declaring in favour of the bill.

Lord Somerton (archbishop of Cafhel) complained of the unmerited ftigma caft by the duke on the Irish prelates, and the conduct of the clergy, by afcribing to their neglect of duty the troubles and rebellion that had happened. He rofe to refcue them from the imputation, and to affure the house that, had the noble duke always lived there, he would have found no reafon for it. He could not afcribe it to perfonal motives, but imagined the mistake founded on misinformation. The very reverfe of neglect in the prelates of Ireland to their clergy was the fact, the truth of which feveral noble lords would affert. He could aufwer for the diocese of Cafhel, over which he had prefided for twenty years, where refidence and the regular difcharge of all duties were strictly attended to. The archbishops, he faid, in that part of the kingdom, were provided with the means of enforcing the good conduct of their clergy. They visited their diocese annually, and their province triennially. This he had himfelf perfonally done, and vifited his province five times in twenty years. He should have not faid fo much, had not the noble duke's obfervations called him up; and it became abfolutely due to the Irish prelates then abient that fo unmerited a charge against them fhould be refuted. As to the prefent bill, he obferved their lordships fhould confider it as it now was, not as it might have been: it was to prevent fuits and caufes commenced under the act of Henry VIIIth, which had been followed as to the letter, but not the fpirit of it;

not

not to profecute, but perfecute the clergy, many of whom could not refide in the glebe-houses, they being ruinous and untenantable; but they performed all their duties fcrupuloufly, though expofed to profecution. But the prefent bill only ftayed fuch proceedings as were founded on qui tam informations; and should no further measure be taken before the 25th of March, those causes would then proceed. His grace approved of the bill.

The bishop of Rochefter faid he admitted it was the duty of the reverend bench to enforce the refidence of the clergy, and repeated what he had formerly urged against non-refidence, in which all his reverend brethren agreed. His feelings, with theirs, were affected by a law which inflicted penalties on the innocent, but did not extend to the guilty. He faid, in illuftration, that thofe who could not refide in the parfonage-houfe, but yet ftrictly did their duty, were liable to be punifhed alike with those who had no fenfe of it. As to a more effectual remedy propofed in parliament by the reverend bench, the noble duke had forgotten that the houfe of commons would not readily entertain a money-bill (and all bills of pains and penalties were fuch) originating in their lordships' houfe. He alfo bad miftaken the operation and effect of the prefent bill, which would not ftop fuits already commenced, but only fufpend them till the 25th of March, to give an opportunity for revifing the law on the fubject, and afford fuch remedies to non-refidence as might feem best.

The lord-chancellor left the wool-fack, and repeated much of what he had formerly faid. He affured the reverend prelate who

had spoken laft, that feveral caufes which he had tried were not founded merely on the letter of the ftatute of Henry VIII. but were brought according to the pure fpirit and laudable view of that ftatute. Some were certainly actions in which he lamented the conviction of the clergymen. One concerned the minifter of Bow-church, who found it the practice of his predeceffors to leafe the parfonage-houfe, and as fuch it was now actually poffeffed. He did not know, as a lawyer, the beft way of obtaining it; but if he had, he could not have lived in it from its finallnefs, as their lordfhips might fee at the pocket-book fhop, the corner of Bow-churchyard. He tried in vain to get another houfe, and he took one in Elyplace, difcharging his duty in an exemplary manner, and at all times exercifing each branch of his miniftry. On his trial, the counfel for the profecution avowed boldly that his client thought he benefited the public by enforcing the refidence of the clergy, and therefore chofe out one of the beft for profecution, to fhow that this law was peremptory. Some of a different defcription were profecuted mentioned one with a living in London, and another in Somersetfhire, much more advantageous. This gentleman was employed for nine years together in fox-hunting inftead of the Gofpel, and had not once vifited his town living. Yet fuch was the incumbency in Somerfetfhire, that the non-refident escaped the penalties. What was 1121. out of 1200l. a-year?—1090!. was furely much for doing nothing. Suppofing then a living of 110l. ayear only, that whole income must be paid for eleven penalties. Such a ftatute as Henry the VIIIth's defied difcrimination, He men

he

tioned another cafe where the glebehouse was too large. An attorney with a large family propofed to the clergyman to change houses. The latter came for his rent: the former would not pay him, and threatened him with an action at qui tam for 110l, on account of non-refidence. His lordship repeated that the act was unjust and unequal; but a judge muft comply, the policy of the law being nothing to him, he being bound to enforce it. As to non-refidence, informers were harthly dealt with in both houfes. The legiflature, having made a law, called on informers to help its execution. When they complied, they were abufed for it as common informers living by qui tam actions. This was quite unfair; and, in refpect to the enforcement of the prefent ftatute, he afferted that most of the informers were confcientious men, and depriving them of rewards would be unjuft. The operation of the prefent bill was not new or unknown to the legislature. Several bills had paffed to fufpend actions and profecutions. Two he named, concerning raw hides and the coaltrade. Both these came within old ftatutes, now obsolete, but ftill in full force: bills therefore were paffed to prevent thefe penalties; but the prefent cafe was quite different. All knew the ftatute of Henry to be in force, and non-refidents of fended openly against it; nor could they plead defuetude in extenuation.

The duke of Norfolk replied that he meant no difrespect to the prelacy or clergy, but fpoke from perfonal knowledge, having lived feveral years in Ireland, and fome time in the learned prelate's archbifhopric, and had feen parifhes with neither minifter nor church. All

they knew of the clergyman was from the collection of his tithes. With refpect to what the reverend prelate oppofite had faid, about the other houfe originating money-bills, it was true. But had he never heard of a bill framed by the reverend bench being brought into the other houfe, paffed, and fent up to their lordships? To his former admonition (taken in good part) he would alfo hint to the reverend prelate, that the other houfe had already difabled the clergy from fitting with them; and if the reverend bench in regard to the church were not careful, a bill might pafs to prevent their having feats with their lordships.

The marquis of Buckingham, in a few words, faid he fhould have fpoken at large, had not the advanced period of the feffion prevented the probable operation of his fuggeftions. He oppofed the bill, thinking that of Henry falutary and ufeful to the public. He knew fome flagitious cafes of nonrefidence that called for punishment, and he hoped that this evil would foon be at an end. But he would not refift the prefent bill. He ought to do justice to that part of the kingdom where the archbishop of Cafhel refided. While he was lord-lieutenant, he had often confulted the reverend prelate concerning the regulation of th: clergy; and he affured the noble duke that much was done to enforce refidence, by building churches, parfonage-houses, &c. and none could act with more at tention and vigilance than the diocefans of Ireland: -a fac which other noble lords in the fam fituation with himself had witneff ed, as well as the clergy's good con⚫ duct.

The duke of Clarence faid tha t

wha t

« AnteriorContinuar »