The earl of Moira faid, he should vote against the bill as it now flood, but, had no objection to bill that should be fo framed as to preclude fuch perfons in holy orders as had been elected to ferve in parliament, from ever holding any benefice or preferment in the church.

The bill was then read a second time, and ordered for commitment.

16.] The earl of Moira moved the order of the day for the fecond reading of the bill recently introduced by his lordship, intituled, "An act to fecure certain perfons, born within the territories of France, from imp ifonment for debts contracted in parts beyond feas, other than the dominions of his majesty."

The bill was accordingly read a fecond time, and feeming to meet the perfect concurrence of their lordships, was, on the motion of the noble earl, committed for Friday next.

Witnesses were examined on the ftraw paper patent bill.

17.] The Irish martial law bill was read a fecond time, and ordered for commitment.

The indemnity bill was put off until Friday, #hen

The marquis of Lansdowne and lord Holland faid, they could not be prefent, and expreffed their difapprobation of the principle of the bill. 19.] The indemnity bill was read a fecond time; after which fome private business was difposed of.

HOUSE OF COMMON S.

TUESDAY, APRIL 28, 1801.

SEVERAL reports were received, and orders made, for the production of papers relative to the Anances of Ireland.

29.] Mr. Corry propofed a countervailing duty, of 25. per gallon, on fpirits extracted from fugar imported into this country from Ireland.

May 1.] Several motions, made by Mr. Jones for the production of more papers relating to the convention of El-Arilch, were negatived.

The chancellor of the exchequer, after fome obfervations on the hardship of members of parliament for Ireland being subject to their proportion of the taxes of both countries, obtained leave to bring in a bill, to exempt them from the payment of all fuch taxes in this country, during the feffions of parliament, and 20 days after, as could be feparated from the feveral articles of confumption, as the duties on fervants, horfes, carriages, armorial bearings, and income; as alfo that their plate, books, &c. at prefent fubje&t to duties, tould be allowed to pass free.

4.] Earl Ten ple brought forward his motion, on the ineligibility of perions in holy orders fitting in that boule. His lordship, with great perfpiquity, detailed the feveral documents collected by the con mittee, contended that the reverend gentieman could not retain his feat, and concluded an able speech by noving, that a new writ be iffued for Old Safum. in the room of Mr. Tooke.

Mr. Tooke denied the imputation, that his

as common to him as air and water. He never had, he faid, but two in his life; the first was in taking his mafter of arts degree at Cambridge, which a great dog would get did he but bark for it; and which was difputed with him by a relative of the noble lord (Temple); he meant the late lord Montford-bat de mortuis nil. The other ftruggle was with the benchers of the Temple, on his claim to be admitted to the bar, and in which purfuit he was encouraged by one of the firft lawyers in the land, the late lord Ashburton (Mr. Dunning.) But here his ftruggle was ineffectual, he said, after eating commons fo long among them! [Here was a call to order.] Mr. Tooke faid, he meant no reflection on any body of men, and faid, he would apply his statements to the question of the day, in which, in spite of the officious interference of the noble lord, he hoped to be more fuccessful. He mentioned the circumftance of his being rejected at the bar, left gentlemen in that house should imagine it was on any other grounds than that of his having been in holy orders; and he wished the late chancellor of the exchequer was prefent, who cenfured the conduct of the courts on that proceeding, as a pointed and perfonal decifion against him. The noble lord treated him throughout this proceeding, as a felon; he was called upon to attend, to stand up, and fhew himself, as it on trial. He had no caufe to hide his face; his character through life was unblemished; and he knew not why he bould be told he was ineligible. He valued not a feat in that house; neither was he folicitous about being turned out of it, but he would maintain his right, which was as good as any other man's in that affembly. He did not come into it for a privilege to fcreen his debts; he owed none, and he fought no advantage but that of doing his duty. He then proceeded to examine the reports, to which he objected ftrongly. He ftated the abfurdity of the report, afferting that the committee had appointed others to enquire; this, he faid, was delegating a delegated authority; this vas an objection not very material, but it thewed an inconfiftency. He then argued on the principle of eligibility, and inferred that all perfons were eligible, unless expressly excluded by ftatute, as minors, aliens, &c. and that the right of electing and eligibility were reciprocal. He inftanced the case of many members who were in parliament, and yet in holy orders; and particularly in the cafe of one who was a colonel of militia-[a call to order]-Mr. Tooke faid, he named no gentleman. He contended for the right of clergymen fitting in that houfe if elected; faid he had been a priest, but ordination in the reformed church was not a facrament, as in the Popish communion; as Tuch a man could depofe himself. He put a ftrong Cafe, by fuppofing, that the clergyman convicted of the crime of adultery with Mrs. Taylor, was depofed from the facerdotal character, and then elected, whether he was eligible. Certainly no objection now made against himself could apply to fuch a perfon on the principlee of the noble lord He quoted inftances of Dr. Pretyman as fecretary to Mr. Pitt, and Dr. O'Berne, who was fecretary to the duke of Portland, to the w clergymen

fergymen exercised the functions of laymen; and hen, in the language of Cicero, emphatically txhorted lord Temple, as a young man, to be careful how he tampered with the conftitution. Quod fi legere aut audire voletis externa, max. imas Refpublicas ab adolefcentibus labefactas, a fenibus fuftentatas et reftitutas reperietis."

Mr. Fox contended that, except when a pofitive fatute interfered, the clergy has as much - right to be reprefentatives as electors. Upon the whale he did not fee a particle of reafon or of law fupport the prefent proceeding.

Ser W, Scott faid, there was no oppofition more clear than this, that, by the canon law, any man who had devoted bimself to the miniftry was, during the remainder of his life, incapable of changing that into which he entered.

The folicitor general had no doubt of the ineligibility-of a priest to occupy a feat in that house. The chancellor of the exchequer thought, from the difference of opinion which fubfifted on the prefent queftion, that, inftead of profecuting it, all fould be brought in declaratory of the principle, which was by all admitted, thet perfons in bely orders thould not fit in that houfe. He en tered into the hiftory of the convocations, from wince this ineligibility arofe; and, though this affembly had ceafed, yet from the circumftance of the kind of the livings in the kingdom being in the gift of the crown, it might obtain an undue influence in parliament, if clergymen, looking forward to its patronage, should be eligible to feats in that boufe. He moved the previous queftion; which the house divided, for it 94, against it Si confequently Mr. Tooke will retain his feat turing the prefent feffion,

7. The chancellor of the exchequer brought in a bill to remove all doubts refpecting the eligibility of perfons in holy orders to fit in the comboufe of parliament, which was read a first

time.

The clergy's exclufion bill was read a fetime, after fome obfervations from fir F, B. Jocs, and Mr. Horne Tooke, who confidered it directed against himself.

11. Mr. Vanfittart obtained leave to bring in bill, to transfer the management of the hair powder and armorial bearings duties from the ammikoners of ftamps to the commiflioners of

Mr. Dickinson moved for leave to bring a bill fafpend the operation of an act of the 21ft of Heary VIII, refpecting the refidence of the clerHis reafon for propofing this bill was, that there were not lefs than 200 informations now ading againft clergymen faid to be non-refident, sider the ftatute of Henry VIII. When it was andered that the clergymen were obliged either defend thefe actrons, or to compound the pedes with the informers, there could not, he prehended, be a doubt but that fome legislative ere was neceffary to be adopted.

Robert Buxton was of opinion, that the indead of being relaxed upon this point, A rather be enforced. He thought that the yhould be strictly compelled to refide in ther feveral parishes. In order to prevent the vexatious profecutions now complained of, nothing

more was neceffary than to enact, that the penalties, inftead of going to the informer, fhould be divided among the parish poor.

Mr. Martin obferved that the non-refidence of the clergy was a reproach to the established church, and, as fuch, ought to be completely done away. -The fact was, that the fuperior clergy were amply paid, and did but little in return. He read, as a part of his fpeech, an extract from a late publication, ftating, that five contiguous livings, of the collective value of 19601. in a certain county, were all ferved by one curate, who lived at a distance of 10 miles. This, in his opinion, was a fpecies of facrilege deferving of punish

ment.

Mr. M. A. Taylor thought that the fubject was highly deferving of attention. The law could not be put in a worfe rate than it stood at prefent, as it went to punish indifcriminately the non-refident clergyman, who never made his appearance, and him who faithfully discharged his, if the latter happened to refide ever fo little out of the bounds of the parish. He was of opinion, that the refidence of the clergy was neceffary to the civilization of the people, and parricularly the tribe of canting methodists, the growth of which was principally owing to the non-refidence of the clergy.

Sir W. Elford faid, that to his knowledge there were feveral profecutions against clergymen in the diocefe of Exeter, for whom there was no parfonage houfe provided in which they could poflibly refide.

Mr. Calcroft was against the measure.

Mr. Nicholls obferved, that the clergy had of late enforced the collection of their tithes in a rigorous manner, and they were therefore the more bound to a punctual attendance. If there was no parfonage-house, or if it was not in fufficient repair, thefe were matters which should be attended to by the vicar of the diocese.

Mr. Dickinson said, that, from áll that he had heard, it was evident that the matter should be proceeded upon in fome way.

The fecretary at war intimated, that the bufinefs was under the confideration of the bench of bishops, who propofed to offer a bill of regulation upon a broad fcale. He thought therefore it would be advifeable to defer the prefent motion.

Sir W. Dolben was of opinion, that it would be more decorous for that house to wait under fuch circumstances.

Mr. Dickinfon, fenior, faid, he should move to withdraw his motion, in consequence of what had fallen from the hon. gentlemen below him (Mr. Yorke and fir W. Dolben). The motion was accordingly withdrawn.

12.] Mr. Vanfittart moved, that the house fhould refolve into a committee, to confider of the propriety of allowing Portugal wine to be landed and warehoufed for a limited time.

The committee having been gone into ;

Mr. Vanfittart ftated, that at prefent, during the rather dangerous ftate of Portugal, our mer chants in that country having a great ftock on hand, it was intended that this flock fhould be preferved for them as far as lay in the power of government; and he should, therefore, without

farther

The chancellor of the exchequer then moved bra committee to enquire into the laws refpect ag the duties upon falt, and to report the fame. Ewas his intention to move, that fuch report, when made, fhould be circulated through the ountry, preparatory to a measure he would bring frward next feilion; namely, the repealing of the duties on this article, and commuting them for others on tea, if found practicable, or fome other commodity. This motion met the full approbation of the house, and a committee was actordingly appointed.

15. Mr. Roblon moved, that there be laid before the house an account of all the fubfidies pa to foreign ftates during the war, with the intereft received upon all fums advanced to thofe Estes by way of loan.

After fome obfervations from lord Hawkesbury, mrs. Grey, Addington, T. Jones, Nicholls, Kad Martin, the chancellor of the exchequer moved the previous queftion, which was carried witheat a divifion.

Mr. T. Jones withed to know, whether or not the meffage delivered yesterday to the houfe was by order of his majefty in council.

The chanceflor of the exchequer rofe with wis great warmth. "Thefe questions have besten put, and I believe I know the reafon why. The country has been harraffed by base remer, which, from whatever quarter they wax, se difgraceful. Once for all I fhall fay, that, tam the obfervation of feveral moft refjede perfons, and upon the information of one up whom I can rely, I could ftate every thing Which must foothe the mind and tranquillize the feelings of every loyal fubje&t.”

18. The chancellor of the exchequer introdoces his motion for a vote of thanks to the army in Egypt, by comparing the battle of Alexandria that of Quebec, and alfo the fate of the trave generals Wolfe and Abercromby, with each enter; to the latter of whom he confidered gen. Hutchinfon a worthy fucceffor. He then read a panegyric upon gen. Abercromby, put into his hands a little before he came into the houfe; afwhich he stated, that it was the intention of is majesty, that the ftandard taken from Buoparte's invincible legion should remain fufpeated over the monument to be raised to general Abercromby's memory.-Mr. Addington then tead a letter from an officer prefent at the three signs of the 8th, 13th, and 21ft, ftating, that conquerors of Italy fled before them; that the nation would be proud of the valour difplayed by the troops, and fet particular value on the tandard obtained at the price of much bood. All victories, however, he admitted, were with view to peace; and that none thould induce us to demand unreasonable terms: to accept any other would be to fay, that the blood fhed fhould be hed in vain. He concluded by moving his firft tion, viz. That a monument fhould be ted in St. Paul's cathedral to fir Ralph AberCamby; who, being wounded early in the enfatment, remained on the field, animating his ps by his example, &c. until victory was fered, on the 21st of March, 1801." St James Pulteney feconded the motion in a

the

fhort speech, in which he dwelt particularly on the great difficulty of the enterprize.

Mr. Jones (of Denbigh) spoke also in praise of the army; but faid, that the death of Abercromby, and every drop of blood fhed, was attributable to the breach of the convention of ElArifch.

The motion was then put, and carried unanimoully.

Thanks were also voted to gen. J. H. Hutchinfon, fecond in command; generals Coote, Cavan, Craddock, the other principal officers and the ar my in general.

A letter from fir Hyde Parker was read, returning thanks for the late vote of thanks to him, and the officers and failors under his command.

The house having refolved itfelf into a committee of fupply, his majesty's meffage, recommending a fubidy to the queen of Portugal, was read, and referred to it..

Lord Hawkefkury faid, the prefent fubfidy flood on very different grounds from all previous fubfidies. On the general question he should only obferve, that the only war in which we ever were unfuccefsful, with regard to British objects, viz. the American war, was that in which we had no fubídies: this, however, was not the view in which he wished to confider it. All the subsidies granted heretofore in the prefent war were for offenfive operations; but this was only for the defence of an old ally, to whom we are bound by engagement, and threatened to be over-run from its perfitting in its friendship for this country. It must be for the advantage of the united kingdoms that Portugal fhould not make a feparate peace; but, at the fame time, he admitted that his majefty had abfolved Portugal from her obligations, and left her to make fuch feparate terms as the fhould think proper; nevertheless he conceived the prefent measure to be a prudent one, as it would enable her to negociate more advantageoufly.

After fome obfervations from Mr. Grey, Mr. Pitt, and Mr. Jones, the refolution was put, and carried without a divifion.

19.] The chancellor of the exchequer moved the order of the day for the third reading of the bill to prevent doubts refpecting the eligibility of perfons in holy orders to feats in the house of commons.

Mr. Jolliffe oppofed the motion, and shortly stated his reasons.

Sir Francis Burdett moved an amendment, that, in place of the word now' the bill be read this day three months.

The question was put upon the amendment, which was negatived without a divifion.

Upon the question that the bill be now read a third time;

Mr. Tooke faid, that the bill would require many amendments. Upon the point of ind÷libi. lity he would ask, if a clergymin in the reign of Edward had been a protestant, in that of Mary he was of course a papift; then in that of Elsabeth a proteftant; what became of the indelibility? Not a tittle of authority had been produc- / ed in fupport of the bill, unless mysterious affertions were fo. He should with to have heard fome

learning,

learning, but he had not. The arguments had been to vague in fopport of the bill, that no man could affign any parliamentary reason for its passing. Mr. Tooke then delivered fome very keen language upon the feat he held: he faid, he was unfettered with any canditions; and, as the reprefentative of Old Satum, there was not a more independent man in the houfe. After a firain of fine eloquence, he proceeded to move his amendthens; when the gallery was ordered to be clear, ed, and ftrangers were excluded the remainder of the evening. The bill paffed, and was ordered to the lords.

The report of the committee of fupply, for a fubfity of 300,cool. to the queen of Portugal, for the defence of that country against invafion, was received, and the refolution agreed to.

20.] The chancellor of the exchequer brought down a metinge, ftating, "that his m jeity, having taken into his royal confideration the nignal merits of fir Ralph Abercromby, during a lung life fpent in the fervice of his country, had thought proper to conter upon his widow, lady Abercromby, the title of baronefs Abercromby, of Aboukir; and, as his majesty was anxious that her lady flip thould have an annuity of 2000 per annum, winch fhould defcend to the two next male heirs of general fir Ralph Abercromby, recommended to his faithful commons to make provifion according y."

Mr. Addington moved that the confideration of the meflage be referred to a committee of the whole houte to-morrow, Ordered.

The house having refolved itfelf into a committee of ways and means,

The chancellor of the exchequer ftated the neceffity he had been under of abandoning the duties upon printed linen goods and pepper; the former, in compliance with the fuggeftion of the whole body of the manufacturers of printed linens in this kingdom, and the latter under the reprefentation of the East India company. To make good this deficiency of 232,000l. in the revenue, he should propole an

Additional duty on probates of wills,

where the property left amounts to 6ool. or upwords, increasing graduany as far as a property of 100,0col. Additional duty on deeds of 28. in addidition to 35. impofed in the prefent

L

fion Additional duty on ale licences of 10s. 64. each ɓd. per pack additional on cards, and 25. 61. per pair on dice, with fome regulations to prevent evasion of those duties

120,000

62,000

£.234.000 Which was zooo). more than the estimates of the duties abandoned.

The refolutions were then agreed to. 21] The chancellor of the exchequer moved, that the annual fum of 2oool. be granted to his majesty, to enable him to fettle an annuity upon the Baronels Abercromby, and the two next heirs of the late general Gr Ralph Abercromby, who hail inherit the title. The refolution was una

nimously agreed to, and the report ordered to be

received.

Mr. Bragge brought up the report of the committee of ways and means. The refolutions were agreed to, and bill ordered.

On the motion of Mr. Vanfittart, the houfe went into a committee to confider the acts of council relative to detention of. Danish, Ruffian, and Swedish veffels.

Mr. Vanfittart then moved, that the chairman do move the house for leave to bring in a bill for rendering valid all acts of perfons relative to bilis of exchange drawn on Ruffia, Denmark, and Sweden; and likewife all tranfactions relative to shipping. The refolution was agreed to.

22.] Mr. Vanlittart brought up the bills for the new taxes on probates of wills, cards, dice, &c. which were read the first time.

27.] Mr. Abbett faid, that after the full confideration which had been bestowed on the ftate of Ireland by the house, he should not take up much time in submitting the motion he intended. The fame imperious neceflity exited which had been the caufe of the house paffing the martial law bill, and that for fufpending the habeas corpus act in that country. Thele acts had been paid at an early period of the feffion, and their duration was limited only until the month of June. When to this was added, that the fame enormities, the fame Aagrant outrages, and the fame fecret pernicious treasonable fpirit, he trusted that the houfe would perceive the abfolute neceflity for coati nuing these aas. He concluded by moving for leave to bring in a bill for farther continuing, for a time to be limited, the faid acts.

Mr. Whitbread oppofed the motion. He con tended, that no measure which could be proposed to the house would be found adequate to the means of tranquillizing the Irish people; there was only one means, and that was a lafting and permanent peace with our enemies, as the Irish had been too open to the artifice of our opponents.

Mr. Hawkins Browne obferved, that Ireland had been preserved to this country by the wife and Tagacious measures of government, and therefore he thould vote for the motion.

Sir John Parnell deprecated the system of governing Ireland by force, in place of by milder means; the ought to be conciliated; an attention ought to be shewn to her intereft; her agriculture thould be encouraged; and when thefe mild fteps were taken, the people would defift from all machinations and plots, and become fubjects as loyal

as thofe of Great Britain.

Mr. Lee obferved, that had it not been for the Ready and uniform loyalty of the men of property, the country had been gone. He did not exactly comprehend the foothing meáfures of the ho nourable baronet; at prefent he knew of no meafures proper to be adopted, except those propoles.

The question was then put, and carried without a division.

The attorney general, in confequence of the recommendation from the committee, role to bring forward a motion, rendered, he said, highly ne celery. He was aware, that at fo early aftage

of