House Of Commons
Thursday, May 18, 1815.
Funeral Certificates Bill
moved for leave to bring in a Bill to revive the use of funeral certificates. He said that funeral certificates contained a record of the time and place of the deaths and burial of the nobility and gentry, and upper classes of society, which were certified by the executors or administrators and some near relation of the deceased, together with their marriages and issue, if any; and were filed and registered in the College of Arms. These had been in regular use from 1568 to 1680; indeed, one existed in the case of sir Thomas Brandon, K. G. as early as 1509. Of all the records which had ever been used as evidence in questions of in heritance as well to property as to titles of honour, these had been found the most ] be official, satisfactory, and perfect. The abolition of inquisitiones post mortem, which ceased with feudal tenures before the Restoration, had been severely felt in proving pedigrees; and the disuse of funeral certificates soon after, left the main proof of these pedigrees to depend on parish registers. Now, every one most be aware of the many defects attaching to this last species of evidence. The inconvenience of resort to them, from their dispersion all over the kingdom, was not small. But it was a still worse defect of these parish registers, that they were from their nature for the most part deficient in that which fixed the identity of persons; an inconvenience of the most serious sort. Under these circumstances he was induced to bring forward the present measure. He trusted that the provisions he was about to propose for effecting it, would be found simple and practicable. The machinery was easy; and nothing of an inquisitorial or objectionable nature was intended. He proposed the returns to be obtained through the surrogates or other ecclesiastical officers, employed to grant probates and letters of administration, at the time those instruments were applied for. Nothing would be required beyond that, which must necessarily in almost all cases come within the knowledge of the executor or administrator. But he would not fatigue the House with the detail of his intended provisions, which would best be seen in the words of the Bill itself, if leave was given to bring it in. He concluded with moving, "That leave be given to bring in a Bill to revive the use of funeral certificates, to record the time and place of the deaths and burials of testators and intestates."
Leave was accordingly given.
Property Of The Poor Embezzlement Bill
rose, pursuant to notice, to move for leave to bring in a Bill for the purpose of rendering general certain provisions which were at present to be found in several local acts, with a view to prevent the embezzlement or waste of any property provided for the poor. The first object of his Bill, the hon. member described to be, to subject to a certain penalty, any persons who should knowingly purchase any of the property alluded to; and the second to prevent trustees or overseers of the poor from selling any articles for the use of the poor, from which they could derive profit. The hon. member concluded with moving, "That leave be given to bring in a Bill to prevent the waste, or embezzlement of certain property provided for the use of the poor, and for other purposes relating to places provided for their reception."—Leave was given.
Prince Regent's Outfit
gave notice of his intention to submit a motion to the House on Tuesday next, with respect to the application of the sum of 100,000l. voted to the Prince Regent for the purpose of an outfit, on his Royal Highness's becoming unrestricted Regent.
stated, that the application of the sum alluded to had been explained by a communication from authority to the House.
professed himself unable to imagine the nature of the authority referred to by the noble lord. Did the noble lord mean his own statement in the course of a late discussion?
replied, that the communication to which he referred had been made to the committee appointed to investigate the expenditure of the Civil List, through which committee that communication would naturally come before the House.
asked when this communication was made to the committee, for he had not yet heard of it, although a member of that committee.
said, that steps had been taken some days ago to present it, and he presumed that it had been made.
observed, that the motion of which he had given notice would not refer to the view which the noble lord appeared to have taken of the subject, but to what he (lord A.) considered the unconstitutional mode of applying the 100,000l. contrary to the spirit and letter of the acts of parliament under which it was granted.
Motion Respecting Riotous Assemblies
rose, pursuant to notice, to move for leave to bring in a Bill to amend certain parts of the Act commonly called the Riot Act. By that Act, those persons who should not disperse within an hour after the reading of the Act, were to be subject even to the loss of their lives. His object was, not to require so long a period as an hour to elapse, but to provide that upon the reading of the Act, the mob should disperse immediately. ] He therefore wished to propose, that those who did not immediately disperse, upon the reading of the Riot Act, should be subject to punishment by fine and imprisonment; and for the second offence he should propose transportation. He also should wish to propose, that not only constables, but that every person present might be empowered to arrest persons acting in breach of the law. At present, if serious injuries, such as pulling a house down, were incurred by the violence of the mob, indemnity could be obtained under the provisions of the Riot Act. He should propose, that for lesser injuries, such as the breaking of windows, compensation might also be obtained. There was another practice that he felt very anxious to suppress. He thought illuminations were almost always productive of riot and tumult. He, therefore, never wished to see an illumination, and thought that the practice should be stopped. He should, therefore, propose certain penalties on those who illuminated. The hon. general concluded with moving, "That leave be given to bring in a Bill for more effectually preventing tumults and riotous assemblies, and for the more speedy and effectual punishing the rioters." The Speaker then, as no member rose to speak on it, proceeded to put the question. On his putting the question in the affirmative, we did not hear a single aye: but on his putting the negative, there was a loud cry of No.
rose at the same time, and said, that perhaps it would have been sufficient for him to join his 'no' to the general negative that the motion seemed likely to experience. He was sure that the principles which the hon. general had stated as the reasons for this Bill would not be supported by the House.
The question was again put, and the motion was negatived without a division.
Roman Catholic Question
rose, pursuant to notice, to submit certain Resolutions to the House with respect to the claims of the Roman Catholics of Ireland. In these Resolutions it was his object to explain the course of proceeding which he proposed to pursue, with a view to satisfy the parties referred to, without meaning to lead the House into any premature discussion. The House, he observed, was now placed in different circumstances from those which existed upon any former discussion of this interesting question, inconsequence of the Resolution adopted on the motion of the right hon. member for Liverpool (Mr. Canning). For by that Resolution it was decided, that it was expedient to repeal the penal laws affecting the Catholic body, and therefore the House was not again called upon to vote on the principle of the measure, but to consider the details necessary in order to give effect to that Resolution. He had been informed by the Speaker, that as this question related to religion, it must be considered in a committee of the whole House.
—Such is the standing order. Then in this instance (resumed Sir H. Parnell) he meant only to bring forward these Resolutions in order to have them laid on the table, as containing the subject matter of what he proposed subsequently to submit to the consideration of the House. In framing these Resolutions, he had been aided by the suggestions of those gentlemen who had waited upon him with the Catholic petition in Dublin, and to whom he naturally said that it would be very desirable to know what were the views of the petitioners—what the exact nature of the claims to which they wished Parliament to accede.
rose to order, and asked whether the hon. baronet meant to conclude with any motion, because his observations would otherwise be irregular.
replied, that it was not his intention to have concluded with any motion; but in order to conform to order, he now meant to move his first Resolution, after stating the nature of the several Resolutions which he held in his hand, and which contained a precise description of what the Catholics of Ireland required Parliament to do in their behalf. These Resolutions, which he meant on a future day to submit to the consideration of a committee of the whole House, he proposed to have printed; and in making this proposition, he was governed by the precedent established by the House in the case of the right honourable member for Liverpool, whose clauses for the security of the Protestant Establishment, as those clauses were denominated, were ordered to be printed. The hon. baronet then read the following Resolutions:— 1st. "That it is expedient the Roman-Catholic inhabitants of these realms shall not be liable or subject to any laws for the limitation, charging, or discovering of ] their estates, real or personal, or touching the acquiring, enjoying, holding, or disposing of property of any kind or nature, save such as the Protestant inhabitants of these realms are liable and subject to. 2d. "That it shall not be necessary (in order to enable or to entitle any Roman Catholic inhabitant of these realms to vote at any election of a member or members to serve in Parliament, or any other election; or to vote at any election of a representative peer of Scotland; or to been rolled as a freeholder in any shire or stewartry of Scotland; or to vote in any proceeding of the court of freeholders, or to be chosen præses or clerk of such court; or to be chosen a commissioner or delegate for choosing burgesses to serve in Parliament for any district of boroughs in Scotland; or to enable or entitle any peer of Ireland to vote at any election of a representative temporal peer; or to make or sign any return to the writ of election of a temporal peer, pursuant to an Act made for that purpose by the late parliament of Ireland, in the 40th year of the reign of his present Majesty), that any such inhabitant or peer should, at or previous to the time of his so voting or being so enrolled or chosen, or so making or signing a return to any writ of election, respectively as aforesaid, take or subscribe the oaths of allegiance, abjuration, and supremacy—or make or subscribe the declaration against transubstantiation, the sacrifice of the mass, and the invocation of saints. 3rd. "That whereas doubts have been entertained whether the provisions of an Act made by the late Parliament of Great Britain, in the 26th year of the reign of his late Majesty King George the second, intituled 'An Act for the better preventing of Clandestine Marriages,' extend or ought to extend to or affect marriages between Roman Catholics: "It is expedient that the said Act, and the provisions therein contained, shall be deemed, taken and construed, not to extend or to affect any marriages of Roman Catholics (where both the parties shall be Roman Catholics); but that all such marriages of Roman Catholics, being duly solemnized according to the forms of the Roman Catholic religion, shall be excepted from the operation of the said Act, in like manner as marriages amongst persons professing the Jewish religion, and marriages amongst the people called Quakers, are by the said Act excepted from the operation thereof. 4th. "That it shall and may be lawful to and for any person or persons whomsoever, to give, grant, transfer, or convey to any person or persons (and for such, person or persons to take, receive, and hold), any lands, tenements, hereditaments, goods, money, or other property, for the maintenance, support, or benefit of any Roman Catholic chapel, or house of worship, priest, or minister of worship, school, hospital, or other pious or charitable foundation or establishment, of such or the like nature, in the like manner, and to the same extent as his Majesty's Protestant Dissenting subjects are now enabled and authorized by law to make and execute gifts, grants, and conveyances, as aforesaid, for the maintenance, support, or benefit of any Protestant Dissenting chapel, or house of worship, minister of worship, school, hospital, or other pious or charitable foundation or establishment of such or the like nature. 5th. "That, if any person or persons shall maliciously disturb any congregation or meeting of persons assembled in any Roman Catholic chapel, or other place, for the purpose of religious worship, according to the forms of the Roman Catholic religion; or shall maliciously prevent, hinder, or disturb such religious worship; or shall assault or menace any Roman Catholic clergyman, in such chapel or place, whilst officiating, or about to officiate therein; it is expedient that every such person so offending shall forfeit and pay for every such offence, a sum of twenty pounds sterling, British currency. 6th. "That whereas by an Act made by the late Parliament of Ireland, in the sixth year of the reign of her late Majesty Queen Anne, and by another Act made by the said Parliament, in the 23d year of the reign of his late majesty King George the second, any Roman Catholic priest, solemnizing marriage between any two persons (being Protestants, or either of them being a Protestant,) is rendered subject to certain punishments mentioned in the said Acts respectively; it is expedient, that the said provisions of the said Acts be repealed so far as the same relate to such punishments as aforesaid; and that any Roman Catholic clergyman, who shall hereafter solemnize ] marriage between two Protestants, or between any Protestant or Roman Catholic (such Protestant and Roman Catholic not having been previously married by a Protestant clergyman, and the said Roman Catholic clergyman knowing such party to be a Protestant), shall forfeit a sum of 100l. to his Majesty for the same, on conviction thereof. 7th. "That if any officer, or person holding any military or naval office, or situation, under his Majesty, his heirs, or successors, shall by punishment, force, menaces, or otherwise, compel, or endeavour to compel any Roman Catholic soldier, sailor or marine, to assist or be present at the celebration of divine worship, according to any other form than the form of the Roman Catholic religion, it is expedient such officer or person, so offending, shall forfeit and pay for every such offence a sum of one hundred pounds sterling of British currency. 8th. "That it shall and may be lawful to and for the Roman Catholic inhabitants of these realms, to sit and vote in either House of Parliament; and to hold, exercise, and enjoy all civil, judicial, and military and naval offices, and places of trust or profit, under his Majesty, his heirs, and successors, within these realms, and the dominions, dependencies, and colonies thereunto belonging, and to take and receive any degrees of medicine, law, or arts, in any of the universities of Great Britain or Ireland, and to be students, exhibitioners, scholars, professors, and lay-fellows for any of the said universities or colleges belonging thereto; and to hold, exercise, and enjoy the offices of mayor, sovereign, bailiff, alderman, treasurer, sheriff town-clerk, councilman, master or warden, of any guild or fraternity; and all such offices (by whatever name the same may be called), in any city or town within these realms; and also the offices of governors, deputy governors, and directors of the banks of England and Ireland respectively, and all other offices therein; and also to be members of any other lay body corporate, and to enjoy the freedom, franchises, and immunities thereof; and to hold, exercise, and enjoy any office or place of trust therein, any statute, charter, bye-law, or usage to the contrary thereof in anywise notwithstanding, upon taking and subscribing the oath and declaration following: (instead of the oaths of allegiance, abjuration, and supremacy, and instead of making and subscribing the declaration against transubstantiation, the sacrifice of the mass, and the invocation of saints, now by law required, and instead of taking the sacrament, according to the forms of the Protestant religion); that is to say, upon taking and subscribing the following Oath and Declaration: "I, A. B. do hereby declare that I profess the Roman Catholic religion. "I, A. B, do sincerely promise and swear, that I will be faithful and bear true allegiance to his Majesty King George 3, and him will defend to the utmost of my power, against all conspiracies and attempts whatever that shall be made against his person, crown or dignity: and I will do my utmost to disclose and make known to his Majesty, his heirs and successors, all treasons and traitorous conspiracies which may be formed against him or them. "And I do promise to maintain, defend, and support, to the utmost of my power, the succession to the crown (which succession by law now stands limited to the princess Sophia, electress and duchess dowager of Hanover, deceased, and the heirs of her body, being Protestants). "Hereby utterly renouncing and abjuring any obedience or allegiance unto any other person, claiming, or pretending a right to the crown of these realms. "And I do not believe, that any foreign prince, prelate, state, or potentate, hath or ought to have, any temporal or civil jurisdiction, power, superiority, or pre-eminence, within these realms. " And I do declare, that I swear this oath, and every part thereof, in the plain and ordinary sense of the words of this oath. So help me God." The hon. baronet then proceeded to observe, that the House was now in possession of a statement of all that was required to be granted; and he trusted that when these Resolutions should be examined, they would be found to contain nothing more than what was fair and equitable in regard to the Catholic subjects of the realm. He should therefore move "That these Resolutions be brought up."
apprehended that the hon. member had not distinctly made himself understood as to what was the nature and object of his motion.
said, he wished to move that these Resolutions be brought up.
replied, that the hon. member had described a certain paper which he held in his hand to be a series of Resolutions come to by the Catholics of Ireland, and he understood him to intend to move that the paper so described be brought up.
rejoined, that he should move the first Resolution, finding that to be a more proper course, than taking them generally.
The hon. member now makes another motion. Which, therefore, is the motion that he intends to propose? I understood him to intend to move two different things; first, that the Resolutions should be brought up; and afterwards, that the House should agree to the first Resolution.
answered, that understanding the House would not agree to his first motion, he had changed it.
Then the hon. member offers to the House the first of these Resolutions for their assent. The question then is: "That it is expedient that the Roman Catholic inhabitants of these realms shall not be liable or subject to any laws for the limitation, charging, or discovering of their estates, real or personal, or touching the acquiring, enjoying, holding, or disposing of properly of any kind or nature, save such as the Protestant inhabitants of these realms are liable and subject to."
seconded the motion.
, observing that he should abstain at present from entering at large into the merits of the Catholic question, suggested for the consideration of the hon. baronet, that he was proceeding disadvantageously for his own object; because he himself, for instance, if called upon to vote upon this Resolution, as it appeared to be one of a string of resolutions, should feel it his duty to vote against it; and thus if the motion were rejected, the hon. baronet was liable to be deprived of the head and front of the object which he desired to attain. The clauses alluded to by the hon. baronet were, he was aware, ordered to be printed; but that order was made through a sort of private consent and convention between gentlemen on both sides of the question, to which convention he and others felt it inconsistent to accede with respect to the present resolutions, and of that the hon. baronet had had due notice. On these grounds he thought it would be more advisable on the part of the hon. baronet not to persevere in his motion, which was the less necessary now that the hon. baronet had had an opportunity of fully apprising the House of the nature of his propositions.
seconded the views of the last speaker, declaring that he would be better pleased if the hon. baronet would consent to withdraw his motion. But he must add, that the hon. baronet's mode of proceeding appeared to him to be altogether novel and irregular—quite in opposition indeed to the standing order of the House, with regard to any question upon the subject of religion. If it were, as it appeared, the only object of the hon. baronet to get his Resolutions published, there were various means by which he might have contrived to give them publicity, without this mode of taking the House by surprise. As the notice of a motion upon this subject stood for Tuesday se'nnight, he should not at present enter into the general question; against the object of which, however, he felt no hesitation in protesting at the present time. The right hon. gentleman concluded with observing, that he could not help expressing his regret that this subject had been taken out of the hands by which it was usually conducted, because, if it had remained in those hands, it was not likely that the House would have been exposed to such inconvenience and irregularity as the present mode of proceeding involved.
declared that his support to the motion arose from the fact, that certain Resolutions, explanatory of the redress which the petitioners sought, were identified with it. This would enable them the better to judge, how far they would go, and where they would stop. He could see no irregularity in receiving resolutions of this kind, and having them printed pro forma: nor could he see how such a procedure could anticipate the general discussion.
willingly acquiesced in the suggestion of the hon. member (Mr. Bankes), and withdrew his motion, as the only object he had in view was accomplished, namely, that of explaining to the House the objects necessary to satisfy the wishes of the Cætholics of Ireland.
observed that the precedent alluded to had no analogy to the case of the hon. baronet, for the hon. baronet, ] although deputed to act for a certain class of his Majesty's subjects, was but an individual member of that House, whereas the right hon. member for Liverpool was deputed to act by the House itself, being one of a committee appointed to draw up a Bill, of which, according to the resolutions of the House, some provision for the security of the Protestant establishment must necessarily form a part. Therefore that right hon. member was acting in an official capacity in bringing forward the clauses which the House agreed to have printed.
conceived, that it was not necessary for him to prove an exact analogy in order to justify his reference to the precedent alluded to.
The motion was then withdrawn.
Militia Embodying Bill
rose, pursuant to notice, in order to move for leave to bring in a Bill to authorize the drawing out and embodying of the whole or any part of the regular Militia. On the assurances which the House had already given of a disposition to support the executive authority in making adequate preparations for the security of the country in the present emergency, he grounded this proposition; and in the course of the discussion of the Bill further opportunity would be afforded for the consideration of the nature of that emergency, together with the general circumstances in which the empire was placed. At present he did not think it necessary to enter into these circumstances; and the more so, as he hoped to be enabled on Monday to bring down a Message from the Prince Regent, with regard to the arrangements which had been entered into with our Allies, together with copies of the subsidiary treaties which had been concluded. That Message he should propose to be considered on Tuesday, and on Wednesday it was intended to submit a motion in conformity with the subsidiary treaties. He was therefore confident, that under the existing state of things, the House would not hesitate in enabling him to bring in the Bill. As such a measure always had effect when the country was menaced, the very circumstance of the probability of a war with France was sufficient to authorize it; at any rate, it required no stretch of construction to sanction the Bill, for the very nature of the preparations which it was the duty of the country to make, and the necessity of sending so great a proportion of our regular force to the Continent, rendered it fit that the internal security of the country should be provided for. There were various reasons of policy also, which must induce the House to lose no time in passing the Bill, as there was a great portion of the militia whose term of enlistment would soon expire. He wished to apprise the House, that a regulation had be-en made by Government, which had given entire satisfaction to the men, by providing for their discharge within four months from the 1st of May. It was not intended, by this measure, to violate the good faith of the Government towards the men in the smallest degree. There were, however, certainly very considerable motives for avoiding delay. He was not aware that it was necessary to go into any farther particulars at present, as the state of warlike preparation in which we are placed had been recognized by Parliament; but it would be admitted that it would not be proper for the House to separate for the summer, without providing a measure to preserve the internal security of the country. The noble lord then moved, "That leave be given to bring in a Bill to authorize, under present circumstances, the drawing out and embodying of the British and Irish Militia, or any part thereof."
thought, that by the present regulations, if the five years for which the militia-men were enlisted had expired during the war, they would not be entitled to their discharge.
replied, that the contract was different with the balloted men, and many that had been raised as substitutes.
could not omit the opportunity of just noticing to the House how completely the opinions of the crown lawyers respecting the embodying of the militia were overthrown by the motion of the noble lord. The Attorney and Solicitor General had stated, that the militia being once called out, it was optional in the Crown to keep them embodied; and they had expressly argued, that any portion of the militia being embodied, the Crown might call out the whole of them again, without giving notice to Parliament. According to this doctrine, therefore, the bill which the noble lord proposed to bring in was totally unnecessary; but he believed, that the noble lord attached very little weight to those opinions, ] or he would not have consented to bring in the Bill. He condemned the apparent intention, as he understood the speech of the noble lord, of continuing those practices who respect to the militia, which tended directly to overthrow that wise and ancient system upon which it had hitherto been conducted; he alluded to the innovation of allowing militia-men to be drafted into the regulars, upon every temporary difficulty in which the country might happen to be placed.
said, that the reason why the Bill was necessary was, because a great part of the militia had been disembodied. And whatever opinion might be entertained of the prerogative possessed by the Crown to continue the militia, when once called out, it was never understood that the Crown had the power, in case of war, to call out the disembodied militia by its own authority.
replied, that the 144th clause of the Act had been cited as authorizing the Crown to call out the militia, and keep it embodied.
would leave the noble lord to enjoy his imaginary triumph, and would only say, that the motion made by the noble Secretary of State, to call out the whole or any part of the militia in the present circumstances of the country, by no means implied that the opinion of the law officers was unsound—the opinion given was, that when the militia were legally called out, his Majesty might disembody or embody them as the public service required. A new state of things like the present might, however, justify a different course.
begged to ask the noble lord, whether any, and what answer had been returned to the communication which the French Government had made to this country, and which was afterwards transmitted to the Congress at Vienna? Did the noble lord intend to give any information to the House on that subject on Monday next?
replied, that the communication which he intended to make on Monday would embrace, the point to which the right hon. gentleman had alluded.
Dublin Harbour
The House having resolved itself into a committee, to consider of making provision for the improvement of Dublin Harbour.
said, that the neces- sity of improving the harbour of Dublin was so strongly felt by the merchants and ship-owners of that city, that they most cheerfully concurred in the proposition which he was about to make for levying certain duties upon vessels entering that port; and their sentiments would now have been before the House in the shape of a petition, if unfortunately the time had not elapsed when it could be presented. He would not take up the time of the House in enforcing the necessity of making the proposed improvement in that harbour, because it must be obvious to the gentlemen opposite to him, and, indeed, to every person acquainted with that port. In order to defray the expense of this work, he should propose a duty of 6d. a ton upon every foreign vessel, 4d. a ton upon every British vessel, and 2d. a ton upon all coasting and coal vessels entering that port. And as the proposed alteration would contribute greatly to the safety and accommodation of persons arriving there in the packets, he should propose, that each cabin passenger should pay 2s. 6d., and that the same sum should be paid for each horse and carriage brought by the packet. In addition to these, he should propose a duty upon invoices, outvoices, cockets, &c. making altogether about 15,000l. a year. The sum necessary for the completion of this work was to be advanced by the Exchequer; and the sum to be raised by these duties, was to be applied to the payment of the interest and principal of the sum so advanced. The right hon. gentleman concluded with moving the Resolutions.
, of Dublin, expressed his decided approbation of the measure.
also spoke in favour of it.
> said, he was very much averse to any tax upon shipping. He thought it would be better, if the whole expense was paid out of the public purse. He added, that if these duties were imposed, the ship-owners would be obliged to raise the price of their freight.
expressed his surprise at the objection of the hon. alderman. Every seaman knew how dangerous the bay of Dublin was; and he was convinced that there was not a ship-owner, whose vessels entered the bay of Dublin, who would not cheerfully pay the duty to have the harbour improved.
said, the worthy alderman's argument answered itself; he first ob- ] jected to any tax upon shipping; and in the same breath said, that the ship-owners would not pay it themselves, but lay it upon the freight, so that, in fact, the citizens of Dublin would really bear the expense. He then stated the great number of vessels lost in the bay of Dublin, and particularly two transports in 1807, when between 7 and 800 soldiers were lost to the country.
did not object generally to the measure; but as it must affect the interests of his constituents, he hoped the right hon. gentleman would not press it, but give time to the merchants of Liverpool to consider of the proposed duties, and to state their sentiments upon the subject.
The Resolution was agreed to, and the report was ordered to be received tomorrow.