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tation; the clerk by 12th Ann. cannot take the oath prescribed upon inducbuy it: by a general bond of refigna- tion; but should strongly fufpect him tion, the clerk gets full possession of capable of sustaining a false plea, with the living; the patron next day sues false affidavits. He concluded by movhis bond, or without a suit gets pof- ing that the decree of the court of session of his money; and thus the Common-Pleas should be reversed. vacant presentation is virtually fold by Lord Mansfield left the woollack, the patron, and virtually purchased by and declared himself against reversing the clerk; and the legal end and in- the decree; because, whether right or tention of both statutes, if general wrong, it had been considered for more bonds of resignation be legal, is legally than 200 years as the invariable law of eluded and defeated. He concluded the land; it had frequently been decided by thewing, with great perfpicuity and upon as such, and numbers of worthy acuteness of argument, that a clerk, characters had acted accordingly, withwho had given a general bond of re- out the least simoniacal intention what
signation, could neither take the oath ever. He coincided in opinion with against simony, without being perjured, the judges, but did not attempt to nor, on tendering his refignation to the defend the practice. It might be an bishop, make use of the common form. alarming evil, and perhaps called loud
The Bishop of Gloucester (Dr. Ha- ly for restriction; but he wished to lifax) corroborated what had been said check it in a proper manner, and not touching the oath against fimony, and to immerge so great a part of the comanimadverted on the flavish itate to munity in difficulties, who had conwhich the clergy would be reduced, ceived themselves acting on legal authoif presentations, encumbered with such rity. This a learned prelate had adbonds, were declared good and valid. initted, and had proposed a bill for
Lord Thurlow supported the learned their indemnification; but who ever prelates. He went through every cafe heard of giving judgement to inflict that had been decided upon, fince pas- punishment first, and paffing an act aftersing the 31st Eliz. to the present time, wards to alleviate it? He differed also and drew conclusions different from the from another learned prelate with regard opinions delivered by the judges, agree to that House being competent to deing chiefly with Baron Eyre, who alone cide of itself. Such a decision would diflented from his brethren. The be contrary to the constitution; that learned bench had fought for prece- House could only act according to the dents, where, in fact, though the cases laws of the country, and it behooved were somewhat similar, the proceedings its judgement to be such as, according were entirely different. Many of these to those laws, the courts below ought causes had beer loft through inattention to have given. to the plea, traverse, or averment; and, The Duke of Richmond stated a therefore, he was of opinion, that the matter of fact that had happened to question whether these bonds were himself. In purchasing an eitate, the Timoniacal or not had never been de- right of receiving resignation bonds had cided upon. How was it possible it made a difference in the price, and as a should, since in the courts below, the similar circumstance might have hapbond was considered as legal, where no pened to many, he thought they ought proof could be produced that it was to be considered as good and valid, until given for an unlawful purpose; and the an act of parliament thould declare the validity of the presentation referred to contrary. the court of Chancery, as if a court of. The question being put on Lord equity could act upon the consciences Thurlow's motion, there appeared conof the parties, and make them confefs tents 19, not contents 18. The decree their motives for entering into fuch was, therefore, reversed. obligations? He had but little faith in
TAXES (page 471) the moral character of that man, who, May 26. Lord John Cavendish havafter entering into fuch a bond, could ing stated the ncceflity of taxes to raife Lond. Maco App. 1783.
a fund to pay the interest of the loan, profession of doctors, &c. to take out said he had considered by what means a licence, chargeable with a duty of il. such a fund could be raised with cer- and to lay a duty of 81. per cent. on the tainty, on the one hand, and with the medicines sold by them, or under the least inconvenience to the public, on authority of the King's letters patent, the other. The storms and tempeits would, he believed, produce 15,00ol. of last year, by which commerce and An universal register of all carriages, agriculture had suffered so much, ren- except such as were already charged dered it altogeiher improper to increase with a duty, under the management of the duties on customs and excise. He the commissioners of Excise, with a bad, therefore, turned his thoughts to small duty of is. on each wheel, by other objects, which he truited would which was meant rather to ascertain appear productive and unexceptionable. what they were, and who kept them, By doubling the tax on bills of ex- than to levy a tax upon them, would change, which had produced more than produce 25,000). was expected from it, and could, there- A register of births, marriages, and fore, bear an increase, he expected burials, with a tax of three-pence per 55,000l. By subječting to this tax all head on each, which he confidered to promissory notes, also bills of exchange be a matter of police, as well as of drawn on foreign countries, and taking finance, would raise 25,000l. away an exception in the act of latt These sums taken together would year, in favour of bills drawn on de. make just 560,000l. the exact sum nemand, which had been the source of ceffary to pay the interest on the loan numberless evasions,
evasions, he expected of 12,000,000l. 44,000l. A tax of 2d. on all receipts Lord John then submitted to the for sums abore 40s. and under 20l. and committee a duty on weights and meaof 4d. for all sums above 2ol. he con- fures, and an additional duty on the ceived, would be very productive, but poftage of letters, as fubftitutes for any as its operation was uncertain, he would of the preceding, which it might appear take it for the present at 250,col. necefiary to reject, and concluded with
An additional duty on probates of moring his first resolution. After fome wills, and on all legacies a duty of 11. debate, in which an idea of lessening the per cent. with an exception in favour national debt, by borrowing money at of wives and lineal defendants, he five per cent. and of increasing the eitimated at 40,6col.
revenue by diminishing the By a small addition to almost all the (ftarted by Lord Mahon, and supported famp duties, and by a new tax on by Mr. VV. Fitt) was treated by Mr. warrants, admissions to inns of court, Fox and Lord North with the most law proceedings, transfers of estates, pointed ridicule, resolutions on the &c. he proposed to raise 60,000l. feveral proposed taxes were agreed to.
So great was the spirit of competi- The tax on receipts was opposed in tion among the proprietors of flage- every flage of its progress through the coaches and diligences, that since the House, and much clamour was excited tax imposed last year, they had abso- against it without doors. It palled, lutely lowered their rates, he was, however, as did all the rest with some therefore, encouraged to hope, that amendments. they would be very well able to bear June 17. Lord John Cavendish (p. an additional tax of one half penny per 473) oppoíed the commitment of the mile, which he rated at 25,cool. bill for abolishing fees, &c. for the
A finall duty on contracts and in- reason before mentioned, and because ventories, comprehending also agree- he conceived it to be the duty of those, ments to make these contracts, and in- who presided in the respective offices, ventories taken with a view to any to correct abuses, if abuses really ex, legal proceedings, would raise 10,000l. ifted, which they were more competent
To oblig: all venders of medicines, than any other perfors. who were not regularly bred to the Mr. W. Piti said he would prore
from facts, that abuses did exist in se- done in the houses held under governveral public offices, and that the heads ment were very great. The repairs of of those oflices were not the most proper the house in Downing-fireet alone, persons to correct them. In the Narv. but a year or two before he came into Olhice, when an enquiry was instituted Onice, had cof the public 10,000l. and with a view to prepare the present bill, the annual expence for seven years it was answered that no fees were taken preceding had been little less than in that office. Upon examination, sool. Other houses belonging to the however, it appeared that very con- public, in Bulhy Park, at Hampton siderable sums of money were received, Court, and elsewhere, had followed in under the name of gifts. The chief expence at no very considerable distance. clerk, for initance, whose falary was in the article of stationary, the abuses about 2501. a year, received no less were almost incredible. He had even than 2500l. in gifts, and other clerks in heard of rooms being papered with it, proportion. The public was surely at the expence of the public, and of liable to be abused, if they in whose other applications of it as unjustifiable. hands the means of check and controul The annual charge exceeded 18,000l. were placed were in the practice of and he believed he should astonish the receiving the wages of corruption. noble lord in the blue ribband, when he Among the officers of the public yards, told him, that as First Lord of the who were to inspect the delivery of Treasury, the year before last, he had public stores, the practice was of the cost the public no less than 1,300l. for most dangerous tendency; it had ex- ftationary: For his own part, knowing
. cited wonder how a certain contract as he did the curious articles which could be fulfilled on terms so extremely swelled the bill, he should not have reasonable, but if it was recollected wondered if it had amounted to that the officers who were to pass the many thousands. One article was an contractors accounts were each of them item of 3.401. for whipcord! The noble in his pay, the wonder would vanish. lord, he was persuaded, neitherconnived He then adverted to the charge for- at, nor knew of the abuse, and from merly alledged against Lords Grantham that very circumstance, he drew an arand Sydney, when secretaries of state, gument in support of his bill, and the of having extorted enormous and un- necessity of a substantial reform, The precedented fees for passports. The joint bills of the two secretaries to the noble lords had merely followed the Treasury, for the same year, were nearly uniform custom and usage of office in equal to that of the First Lord; and the that particular. He then proceeded to bills of the five lords were little more the other parts of the bill. The sale than 1col. each. If then the Treasury of places ought certainly to be checked, board, which posleTed all the powers of and some regulation established respect- control, and which, he doubted not, ing the superannuation of officers. The had exercised these powers with becreation of new offices was a matter coming vigilance, was liable to fuch that called equally for reform. The gross importion, it was reasonable to improvident expenditure of the public fuppofe, that in subordinate offices, money, in what were termed incidental poileling less power, and less likely to expences, under which head were com- exercise it, fimilar abuses prevailed. prehended the coals, candles, furniture, he plan of reform contained in the &c. supplied to persons in office, had bill would save the public 40,000l. a been carried to a molt indefensible ex- year at least. It had been said by Lord tent. There were various proofs of North, in a former ciebate, that not 2 ofiicers having not only ordered the trace was to be found in the Treasury different articles to their houses in town, of that glorious íabric of economy and at the public expence, but even to their reforın, so vauntingly held forth in the houses in the country, and that at a King's speech. He read the promises mot extravagant rate.
in the speech paragraph by paragraph, The abuses in the article of work and appealed to the noble lord, ava
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Chancellor of the Exchequer, whether schemes of finance, to which the late there were not in the Treasury very administration had rather bastily, in laborious and accurate materials drawn his opinion, pledged themselves in the up, at the instance of the last board, King's speech. He ufed the word raih, upon the mint, the roval forests, and a because he considered them rather 25 variety of other subjects alluded to. rash but glorious promises, than as any
Lord North having never heard of thing actually begun, or at any time the article of whipcord, was not pre- practicable. The bill, he believed, would pared to reply to it, and if from the produce no extraordinary saving. loool. that remained fol. per cent. Mr. Fox arraigned the conduct of the were deducted to the Usher of the Ex- late Treasury in having suffered their chequer, the net amount would be friends, while they continued in office, reduced to 6col. and confidering that to reap the golden harvest of fees and the First Lord of the Treafury kept a perquisites, and having precluded their secretary and several clerks continually successors from the fame emolament. employed, he was not prepared to say It was somewhat extraordinary, that, whether that was too great a charge or while the Treasury were planning a bill not. He had given express orders to abolish fees of all kinds, the secrethat no stationary ware should be de- taries of state should be taking fourlivered for his use, without a written times the accustomed fees on patiports, order from his private secretary. He because, in the late war, we had four had not availed himfelf of the ordinary enemies to contend with, though the indulgence of coals and candles when French minifter charged nothing for at the head of the Treasury, but had them; and it was no less extraordinary, supplied these articles at his own ex- that an order came from the Treapence. He had warded off the repairs fury to discontinue the practice, the of the house in Downing-street, until very day after the late secretaries overcome by the pressing remonstrances went out of office. He thought the of the Board of Works on the danger bill totally unnecessary, but would not of its falling if longer neglected. The oppose its going to a committee. matter had been inconvenient and ex- June 23. His Majesty's message to pensive to him as a tenant, and the the House of Lords, on the Prince of officers of the board could not be be- Wales's establithment, was as follows: nefited by recommending new buildings “ GEORGE R. and repairs, as they had fixed salaries, “ His Majesty having taken into and received no other emolument. confideration the propriety of making When his Majesty had been pleased to an immediate and separate establishment bestow the rangership of Bushy Park on for his dearly-beloved fon the Prince Lady North, it was in a most ruinous of Wales, relies on the experienced condition; it had been granted for zeal and affection of the Houfe of three lives to the family of the late Lords, for their concurrence and support Lord Halifax; and when it reverted to in fuch measures as thall be moft proper the crown, like almost all houses after to affift his Majesty in this design.” the expiration of a long lease, was in a To the House of Commons: ruinous condition. Nothing unnecef- “ GEORGE R. fary had been done; it liad been merely “ His Majesty reflecting on the prorendered tenantable. What he had for- priety of a separate establishment for merly said touching reform and econo- his dearly-beloved son the Prince of my he had applied limply to the subject Wales, recommends the confideration then before the House, viz. tle loan. thereof to this House, relying on the When he used it, be alluded to the experienced zeal and affection of his promises of making loans on such a faithful Commons, for such aid toprinciple, as to create a fund for le!- wards making that establithment, as fening the national debt, of paying the fall appear confiftent with a due atOrdnance debentures, reducing the tention to the circumstances of his peoNavy debt, and those other pompous ple, every addition to whose burther
Majesty feels with the most fenfi- “ GEORGE R.
“ His Majesty, being desirous of ane 30. The messages delivered to conferring foine' fignal mark of his
House of Parliament, by the Duke royal favour upon the Right HonouraPortland and Lord John Cavendiih, ble Sir George Augustus Eliott, Knight as follow:
of the most honourable order of the “ GEORGE R.
Bath, for the very diftinguished and His Majesty having taken into important services performed by him royal contideration the many emi- to his Majesty and this country, by his at and fignal fervices performed by brave and gallant defence of Gibraltar, eorge Brydges Rodney Lord Rodney, and for that purpose to grant to the ce-admiral of England, and one of said Sir George Eliott, for the term of e admirals of the white, his conduct his life, and for the life of his fon
the Wett-Indies in three feveral en- Francis Augustus Eliott, an annuity of agements in the months of April and one thousand five hundred pounds per Iay, 1780, with a fuperior French annum; but it not being in his Ma
eet under the command of the Count jetty's power to grant the same, or to Le Guichen; and his great and glorious settle the said annuity beyond the term
ictories over the Spanish flect on the of his own life, his Majesty recommends 16th day of January, 1780, on his it to his fait... ul Cominons, to consider voyage to the relief of the garrison of of a proper method of enabling his Gibraltar, and over the French fleet Majesty to grant the faid annuity, and in the West-Indies on the 12th of of settling and securing the same in April, 1782, not only highly honour- the most cifectual manner for the benefit able to himself, but greatly beneficial of the said Sir George Augustus Eliott. to his Majesty's kingdoms; and being
G. R." desirous to bestow upon the said George July 4. Lord John Caverdih proBrydges Rodney Lord Rodney, fome poled, that after the interest of the preconsiderable and lafting mark of his sent auditor and tellers of the Exroyal favour, as a teftiinony of his Via- chequer, and of the Clerk of the Pells, jeity's approbation of the said services, in their respective places should cease, and for this purpose to give and grant the salaries of these offices should be unto the faid George Brydges Rodney fixed and certain; he proposed to the Lord Rodney, and to the two next auditor 4000l. a year; to each teller fucceeding heirs male of the body of 2,700l. to the four deputy tellers roool. the said George Brydges Rodney Lord each; the place of deputy to the deRodney, to whom the title of Lord puties to be abolished; to the Clerk of Rodney shall descend, for and during the Pells 3000l. to the deputy clerk their lives, a neit annuity of two thou- Socl. and to the receiver under him fand pounds per annum; but his Ma- 2001. That the fees should be conjesty not having it in his power to tinued, but instead of being divided grant an annuity to that amount, or among the succeeding officers, thould to extend the effect of the said grant conititute a fund, from which the fabevond the term of his own life, re- lacies should be paid; two-thirds of the commends it to his faithful Commons, surplus to be applied to the use of the to consider of a proper method of ena- public, and the other to the civil lift. bling his Majesty to grant the fame, from the reports of the coinmiiiioners and of extending, securing, and settling of accounts, it appeared that the income such annuity to the said George Brydges of the tellers amounted to 2,500l. in Rodney Lord Rodney, and to the two time of peace, and in war to near next persons on whom the title of Lord 8,0col. The regulation would fare Rodney shall descend, in such manner about 17,000l. in peace, and about as shall be thought most efectual for 40,cool. in war. the benefit of the said George Brydges Mr. Hlutley objected to the addition Rodney Lord Rodney and his family. of near 2001. a year to the falaries of G. R." the present tellers, Mr. Pulteney found