« PredošláPokračovať »
tation; the clerk by 12th Ann. cannot take the oath prescribed upon inducbuy it: by a general bond of resigna. tion; but should strongly suspect him tion, the clerk gets full possession of capable of sustaining a false plea, with the living; the patron next day fues 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 sold by Lord Mansfield left the woolfack, 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 shewing, 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 fimoniacal intention whatfignation, 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 resignation 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 reftriction; 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 fo 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 case heard of giving judgement to inflict that had been decided upon, fince par- punishment first, and passing an act afterfing 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 ditlented 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 fimilar, the proceedings its judgement to be such as, according were entirely different. Many of these to those laws, the courts below ought causes had been 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 eltate, the fimoniacal 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 fimilar 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 should declare the validity of the presentation referred to contrary. the court of Chancery, as if a court of . 7 he question being put on Lord equity could act upon the consciences Thurlow's motion, ihiere appeared conof the parties, and make thein confess 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 hav. after entering into fuch a bond, could ing stated the neceflity of taxes to raise Lond. Mag. 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 tempefts would, he believed, produce 15,000l. 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 altogether 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 trusted 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 25,000l. 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 promiffory 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 lait These fums 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 cessary to pay the interest on the loan numberless evasions, he expected of 12,000,000l. 44,0col. A tax of 2d. on all receipts Lord John then submitted to the for sums above 40s. and under 20l. and committee a duty on weights and meaof 4d. for all sums above 2ol. he con- sures, and an additional duty on the ceived, would be very productive, but postage of letters, as substitutes for any as its operation was uncertain, he would of the preceding, which it might appear take it for the present at 250,0col. necesary to reject, and concluded with
An additional duty on probates of moving his first resolution. After some wills, and on all legacies a duty of 1. debate, in which an idea of leflening the per cent. with an exception in favour national debt, by borrowing money at of wives and lineal descendants, he five per cent. and of increasing the estimated at 40,col.
revenue by diminishing the By a small addition to almoft all the (ftarted by Lord Mahon, and supported stamp duties, and by a new by Mr. W. Pitt) 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. several proposed taxes were agreed to.
So great was the spirit of competi- The tax on receipts was opposed in tion among the proprietors of ftage- every stage 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 pafled, 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 halfpenny per 473) opposed the commitment of the mile, which he rated at 25,00ol. 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 exlegal proceedings, would raise 10,cool. ifted, which they were more competent
To oblig. all venders of medicines, than any other persons. who were not regularly bred to the Mr. W. Piti said he would prole
from facts, that abuses did exist in fe- done in the houses held under govern-
in the speech paragraph by paragraph, The abuses in the article of work and appealed to the noble lord, and the
4 E 2
Chancellor of the Exchequer, whether schemes of finance, to which the late there were not in the Treasury very administration had rather haftily, ia 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 rash, upon the mint, the roval forests, and a because he confidered 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 faring. ioool. that remained wol. 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 6ool. and confidering that to reap the golden harveft of fees and the First Lord of the Treasury kept a perquisites, and having precluded their secretary and several clerks continually fucceffors from the fame emolument, 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 ftationary ware should be de- taries of state should be taking fourlivered for his use, without a writren times the accustomed fees on pariports, 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 Treafury, 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-Itreet, until very day after the late secretaries overcome by the pressing remonftrances 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, or 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 pleafed to an immediate and separate establishment bestow the rangership of Bushy Park on for his dearly-beloved son 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 House 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 shall be most proper the crown, like almost all houses after to affist 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 faid touching reform and econo- his dearly-belored fon 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 lel- wards making that establithment, as fening the national debt, of paying the fall appear consistent with a due atOrdnance debentures, reducing the tention to the circumstances of his peoNavy debt, and those other pompous ple, erery addition to whose burther
his Majesty feels with the most fenfi- “ GEORGE R. ble concern."
“ His Majesty, being desirous of June 30. The messages delivered to conferring foine signal mark of his each House of Parliament, by the Duke royal favour upon the Right Honouraof Portland and Lord John Cavendish, ble Sir George Auguftus Eliott, Knight were as follow:
of the moit honourable order of the “6 GEORGE R.
Bath, for the very distinguished and “ His Majefty having taken into important services performed by him his royal confideration the many emi- to his Majesty and this country, by his nent and signal fervices performed by brave and gallant defence of Gibraltar, George Brydges Rodney Lord Rodney, and for that purpose to grant to the vice-admiral of England, and one of said Sir George Eliott, for the term of the admirals of the white, his conduct his life, and for the life of his fon in the Welt-Indies in three several en- Francis Augustus Eliott, an annuity of gagements in the months of April and one thousand five hundred pounds per May, 1780, with a superior French annum; but it not being in his Mafleet under the command of the Count jesty's power to grant the fame, or to de Guichen; and his great and glorious settle the said annuity beyond the term victories over the Spanish flece on the of his own life, his Majesty recommends 16th day of January, 1780, on his it to his faith. ul Commons, to consider voyage to the relief of the garrison of of a proper roethod of enabling his Gibraltar, and over the French fleet Majesty to grant the said annuity, and in the West-Indies on the 12th of of settling and securing the same in April, 1782, not only highly honour- the mort eifectual manner for the benefit able to himself, but greatly beneficial of the said Sir George Auguftus Eliott. to his Majesty's kingdoms; and being
“ G, R." desirous to bestow upon the said George July 4. Lord John Caverdish proBrydges Rodney Lord Rodney, fome posed, that after the interest of the preconsiderable and lasting mark of his sent auditor and tellers of the Exroyal favour, as a teftimony of his Ma- 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 cach teller fucceeding heirs male of the body of 2,700l. to the four deputy tellers soool. 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 fhall descend, for and during the Pells 3000l. to the deputy clerk their lives, a nett annuity of two thou- 800), and to the receiver under him fand pounds per annum; but his Ma- 2001. That the fees should be conjefty not having it in his power to tinued, but inítead of being divided grant an annuity to that amount, or among the succeeding officers, Should to extend the effect of the said grant conititute a fund, from which the fabeyond the term of his own life, re- laries 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 list. bling his Majesty to grant the fame, From the reports of the commisjoners 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 8,000l. The regulation would save Rodney shall descend, in such manner about 17,000l. in peace, and about as shall be thought moit efectual for 40,00ol. in war. the benerit of the said George Brydges Mr. Hulley objected to the addition Rodney Lord Rodney and his family. of near 200l, a year to the falaries of G. R." the present tellers, Mr. Pultency found