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Commons Chamber

Volume 9: debated on Thursday 6 August 1807

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House Of Commons

Thursday, August 6.

Minutes

—The Parochial School bill was read a third time and passed.—Mr. R. Dundas observed, that when he had moved for the returns of the East India Company's Accounts, he had stated that it was his intention to move, that they should be referred to a committee of the whole house, with a view to a full discussion of the state of the accounts of the company, within the present session. Circumstances had however, since occurred, which rendered it impossible for him, or the house, to go into these accounts in detail this session. He should therefore be obliged to put off the business to next session. Nevertheless he should feel it his duty to move some Resolutions on the subject, and took that opportunity of giving notice of such motion for to-morrow.

Relief Of Beneficed Clergy

moved for leave to bring in a bill to suspend the act of the 35th of the king, so far as it relates to the voidance of Benefices held by clergymen, who may have subsequently accepted curacies augmented from queen Anne's bounty. The ground on which he rested his motion was, that many clergymen, not aware of the clause in that bill, which rendered benefices void in case the incumbents accepted augmented cures, had by accepting such curacies subjected themselves inadvertently and ignorantly to the penalty of that act. The consequence was, that the patrons of the benefices were threatening them with new presentations, and that they held such benefices wholly at the mercy of such patrons. His bill was not intended to alter the law or decide the right, but merely to suspend the operation of the act till next session, in order that the legislature might have an opportunity of considering whether clergymen under such circumstances ought to be left to hold their benefices at the mercy of the patrons, or to be deprived of them altogether.

would have great doubt of the propriety of the bill proposed by the hon. member, if it was to alter the law as it now stood, or to divest rights already vested by law. But as the bill was only to suspend the operation of the law now in force, till the subject might be more fully considered next session, he was not aware of any material objection to it.—Leave was then given.

Election Recognizance Bill

moved for leave to bring in a bill for better regulating Recognizances entered into upon Petitions on Controverted Elections. The 26th of the king, he stated, had not provided an adequate remedy against vexatious petitions. It required the principal in a petition to enter into a recognizance of £200 and each of the sureties into one of £100; but though it required the sureties to give in their residence, it did not require that of the principal, so that there was generally much difficulty to find him in the event of the recognizances being forfeited. It was to obviate this difficulty, and to discourage vexatious petitions, that he proposed to bring in his bill, which, when printed, he should suffer to lie over till next session. One of the provisions of the bill would be to require of the petitioner to deposit £200 with the barons of the exchequer, which sum would be to be returned, if the petition should not be declared frivolous, or, if it should, to be disposed of, one half to the sitting member, the other to his majesty. That some such provision was necessary, would appear from what had happened in the case of the borough he represented. There had been no contest there, and yet a petition had been maliciously presented against his return which had been signed by 5 persons, not one of whom was at that time within 200 miles of the place. One was a barber, another a common porter, a third a day-labourer, and a fourth a jack-ass driver, and all had been bribed to give their signatures to the petition. The necessity of the measure would also be obvious from the circumstance, that of the 54 petitions which had been presented in the last parliament, 18 had been abandoned without any recognizances having been entered into, and of the 31 petitions presented this parliament, 7 had already been given up for want of recognizances.

could not help thinking that some regulation was necessary upon this subject. The practice of presenting vexatious petitions had become too frequent, and it was not proper that such libels upon the sitting members should be permitted. He hoped his hon. friend would take up the bill next session, when he assured him of his cordial support.—The bill was then brought in and read a first time.