cQOOMCOOMQQvl 'aCQewBQOa<tlCCP The Robert E. Gross Collection A Memorial to the Founder of the ^oyAtyyalion Business Administration Library U/uveni/u ^/ Joali/ornta Los Angeles ^^rf-t o prxaueu a. csQBMecBMeseBi The Robert E. Gross Collection A Memorial to the Founder of the 'M. Business Administration Library Los Angeles [CALDWELL, Sir James] Debates relative to the Affairs of Ireland; in V. the Years I763 and 176't. Taken by a Military Officer. To which are added, An Enquiry how far the Restrictions laid upon the Trade of Ireland, by British Acts of Parliament, are a benefit or Disadvantage to the British Dominions in general, and to England in particular, for whose separate Advantage they were intended. With Extracts of such Parts of the Statutes as lay the Trade of Ireland under those Restrictions. London, 1766. two volumes, contemporary polished calf, green lettering pieces. Key to the speakers in the debates at end of vol.2. A fine set of the first edition. ** Dedication addressed to William Pitt. "Very valuable for the Enquiry into the Restrictions on the Trade of Ireland. Privately printed and rare." - Higgs 3699; Kress 632I. DEBATES RELATIVE TO THE Affairs of Ireland; In the Years 1763 and 1764. TAKEN BY A MILITARY OFFICER. Sit mihi fas audita loqiji. Vlrg, What I have hearcLy 'permit me to relate^ To which are added, An E N Q. U I R Y How far the Restrictions laid upon the Trade of Ireland, by Britijh Ads of Parliament, are a Benefit or Difadvantage to the Britijh Dominions in general, and to En- gland in particular, for whofe feparate Advan- tage they were intended. WITH Extrafts of fuch Parts of the Statutes as lay the Trade of Ireland under thofe Reftridtions. VOLUME I. LONDON: M.DCG.LXVI. T O T H E Right Honourable WILLIAM P ITTy THESE DEBATES Are Humbly Inscribed WITH THE GREATEST Veneration of his Abilities and Virtues A S A N Orator and Statesman BY HIS Moft Obliged, and moft obedient humble Servant^ J. c. PREFACE. IN the Beginning of the Winter of 1763, when the ParUament was about to meet for the firft Time after the Conclulion of a long War, when the Cultivation of the Arts of Peace had been recommended from the Throne, and the Attention of the Legiflature would be naturally turned upon the Redrefs of Grievances, and the Eftablifhment of public Oeconomy, I felt an Inclination to be pre- fent at the Deliberations of fo auguft an Af- fembly, at fo critical a Time, and on Subjedts fo Interefting and Important. I therefore attended in the Houfe of Com- mons, from its firfl fitting till the Recefs at Chrijimas^ without Intermiffion, except one Day, when a Breach of Privilege was com- plained of, by a Member whofe Letter had been charged by an Officer of the Poft-Office, being that Day confined by Indifpoiition : after the Recefs, other Avocations rendered my Attendance irregular. A 3 During 11 PREFACE. During this Time the great Queftlons con- cerning the Grant of Penfions on the civil Eftabhfliment, and the Sums neceffary for the Military Eftablifhment in time of Peace, were debated. A Debate alfo came on, concerning an Addrefs to his Majefly on the Peace, the Report of the Committee appointed to enquire into the Infurr'edi- ons in the North, the Refidence of the Clergy, the Publication of a Libel, and feve- ral Others, which were Objects of a very in- terefted Curiofity. By thefe Debates, carried on with the deep- eft Penetration, the moft extenfive Know- ledge, and the moft forcible Eloquence, I was fo impreiled, that, after I had left the Houfe, the Voice of the Speaker was ftill in my Ears, and the Sentiments I had heard ex- cluded all others from my Mind. I was impelled, as it were, by an irrefiftable Im- pulfc, to commit to Paper what was thus for- cibly retained by my Memory, before it ftiould be mixed with other Ideas, or in any degree obliterated by them ; when I made the At- tempt I found the Taik ftill eafier than I had imagined, my Attention was more fixed, and the PREFACE. ill the deliberate Recolledion which Writing made neceflary, brought br'ck the Ideas in a flow but regular Succeffion, and generally in the very Words which had been ufed to ex- prefs them. I had, indeed, upon former Occafions, exn perienced that my Memory was not unfaith- ful with refped: to Sentiment, but that with a mere Succeffion of Words, or Sounds, it was not always to be trufl:ed. I could, very early in my Life remember the Principles of an Argument, and the Events of a Story, but I found it difficult to retain mere Words, when I was to learn a Language, or the Suc- ceffion of mere Sounds, when I applied to Mufick. Why fome Perfons remember Words and Sounds, who cannot remember Principles and Events, in a regular Series,! fliall not here en- quire ; but as, when we think, our Ideas oc- cur to our own Minds in fome Terms that would exprefs them to another ; fo when we recolledl Ideas that have been communicated to us under certain Terms, thofe Terms natu- rally occur with the Ideas, rather than any other, being already aflbciated with them. A 4 This iv PREFACE. This feems to account for my having been able to rccolltd: the Words, as well as the Sentiments, of thofe whom I heard fpeak in Parliament, without pofTeffing that mechani- cal Kind of Memory which can retain Terms, not as Symbols but as Sounds, and which fometimcs difllnguiflies thofe who difcover fcarce any other Faculty of the Mind; for there have been Perfons, who, though they could repeat a Dlfcourfe of confiderable length delivered in a Language they did not und?r- ftand, after ones hearing it, yet could not have comprehended the meaning of it, if it had been delivered in their mother Tongue. I do not, however, pretend that I have always done Juftice to the Speakers, either with refpedl to Language or Sentiment, whatever is amifs, therefore, in either, muft be imputed to me, though the Honour of whatever is excellent muft undoubtedly be theirs. When I had fucceeded in recording thefe Speeches, fo much to my own Satisfadion, I could not help wifhing to communicate the Pleafure I had received. I confidered, that nothing could be a more interefting Object of Curiofity than the Sentiments of thofe who have been feledted by the Suffrages of their Country P Pv E F A C E. y Country to conipofe the Supreme Council of t'le Nation, with refpeft to. the Laws which are there formed for its Government ; and that it muft afford the higheffc Satisfaction to every Individual to fee the Reafon and Foun- dation of thofe A(5ls on which Property, Li- berty, and Life depend. I confidered alfo, that, except fome faint and imperfed: Attempts in E/igi'a fid, this Service had never vet been rendered to the Publick : a Defire therefore of obtaining Honour to my- felf, concurring with that of benefiting others, both felf love and focial determined tv.Q to make public what I colled:ed only for my private Amufement and Satisfaction. It is true, indeed, that the Subjeds debated, in the Parliament of Ireland, are not of the fame Importance with thofe of her fifter Country, on which the Fate of aConftitution, that is the Admiration and Envy of the World depends, and which in fome Degree involve the Interefts of all the States in Europe ; yet they afford a fufficient Field for the Patriot and the Orator, and they affect, not only this Part of the Britijh Dominions, but have fome relation to the whole. The vi PREFACE. The Parliamentary Debates, however, of this Country are interefling, not only on ac- count of the Importance of the Subje(5ts, but the Abilities of the Speakers. Our Houfe of Commons confifls of Gentlemen who have eminently diftinguiflied themfelves in every learned and honourable Profeflion ; and, upon this Occafion, I cannot but obferve, that there is fcarce one Native of this Country in the Parliament of England that is not a Speaker of fome Diftindion. Let me add, that, in my Travels through many Nations, during an ab- fence of feven Years from my Country, I came into no Kingdom where I did not find Na- tives of /r^/^W, in every Profeflion, and al- moft in every Art, who had been preferred to eminent Stations merely by their Merit, hav- ing entered the Country under all the Difud- vantages of Aliens, without Money, and with- out Friends. I flatter myfelf that thefe Debates, notwith- flanding the Injury they may havefuffered in my Hands, will difcover Abilities intheSpeak- erSjthat would do Honour to any Age and any Nation ; and that, notwithftanding their diffe- rent Situations and the different Circumftances in PREFACE. vii in which the Bufincfs of Parliament is tran- fad:ed, their Speeches will not fufFer by a Comparifon even with thofe of the Senate of Great Britam. In Ireland, as I have obferved before, the Debates are confined to Subjeds that princi- pally relate to its interior Intereft : The Par- liament aflembles but fix Months in a Revo- lution of two Years; an indifpenfable atten- dance on the Courts of Law prevents many Members from being conftantly prefent, and the whole Number is comparatively icw. Thefe Circumftances confidered, the Spirit of the Debates now offered to the Publick, will do yet greater Honour to the Speakers, both with refpedt to their Principles and their Abilities ; and it may fafely be left to the World to determine what a figure they would make in an Affembly where their Eloquence would be prompted by every Motive that can influence the Human Mind, at the fame Time that they would acquire all the auxili- ary Powers of Habit, by long and frequent opportunities of Exertion. Upon vHi PREFACE. Upon the Whole I flatter myfelf that thefe Debates will not be found wholly unworthy either of the Subjetfls, or of the Speakers ; yet as they were written entirely from. Memory, where fome of the (lighter Traces may have faded away,," I. hope thePublick will regard th<:m in the fame Light as they would a capi- tal Pidj re fome what injured, and here and -there retouched by an inferior Hand, yet fo as ner.rly to imitate the Colouring, and always to preferve the Contour, In this light I would' alfo fubmlt them to the Gentlemen by whorii they were delivered, und who I hope wd'll do me the Juftice to believe that I have never wilfully deviated, either from their Sentiments or Expreflions •: This is all the MeritT claim, and all the At- toncment I can make for fuch Imperfe(ftions as they rhall difcover in the Work, except, that I did not take any Notes, or procure any Notes to be taken. I muft alfo. In juftice to thefe Gentlemen, dec'.are, that not a fingleSyllable of the follow- ing Speeches has been (hewn to the Pg^/ort fuppofed to have delivered it, nor have I h.id the kaft Communication with any Member ^^ ^ -^ . con- The P R E F A C E. ix concerning them, either by Letter or Conver- fation, immediately or by Proxy. The par-?" ticular Interefl of Ircia?7d as a feparate Nation, and its general Interefl: as Part of the BritiJJj Dominions being frequently difcufTed in the following Debates, and mention being made of feveral Reflri<5i:ions laid upon the Trade of Ireland by the Lav/s of Great-Britain^ an Enquiry naturally rofe how far Great Britain is benefited by fuch Reilridions. As the Sub- jec^l of this Enquiry is of great Importance, and has never yet been examined, it is hoped that an Attempt to examine it will not bs thought an improper Sequel to this Work, and that fuch Defedls as may appear in it from the Author's want of fufficient Knowledge and Abilities for fo important an Undertak- ing, will be fupplied by thofe who are equal to the Tafk. The prefent Situation of Ireland is fuch as renders it abfolutely neceflliry that fome Per- fons of the greateft Experience ^nd Abilities fliould make it the Objed of their ferious and moft mature Confideration, particularly as to its Defence, when another War (hall break out; its Government, withrefped to Popularity and Refources; and, above all, its Trade in its prefent jc the P R E F A C E. prefent and moft deplorable State, when tM high Price of Land, and confequently of a'l the NecefTaries of Life, is ftarving at leaiH one half of the few and miferable Inhabitants of the Country. Where hereditary Proper- ty is fo unequally divided, Trade only carl feed the Hungry and cloath the Naked : And I hope it will not be thought Prefumption in me to fay, that if a proper Attention is r^t given to thefe Particulars foon, it will be too late, and the Confequences will be fatal. DEBATES 'D E B A T E S Relative to the Affairs of IRELAND. TUESDAY, March ii, 1763. FIRST DAY. A Copy of the Lord Lieutenmifs Speech, My Lords and Gentlemen^ IT 's with the utmoft Satisfadion that, in Obedience to his Majefty's Commands, I am novvto meet a Parliament which has al- ready piven fo many and fuch very diftin- guiOied Proofs of its Zeal and Unanimity in the Support and Service of the Crown. I h^ve it exprefly in Command fiom his Majefty to declare to you his entire Approba- tion of your paft Condud, and to aflure you that the whole Courfe of your late Proceed- ings 1 6 iDebafcs relative to the [Day I. ings has filled his royal Mind with every Sen- timent of Regard which can flow from a juft and gracious Sovereign towards a dutiful and a loyal People. It is with particular Satisfadtion I commu- nicate to you at the Opening of this Seffion of Parliament thofe great and important Events which have occurred fince your lad Meeting. By the Conclufion of a general Peace, the Tranquillity of every Part of Europe is per- fectly re-eftabliflied ; his Majefty's Dominions are enlarged ; the Commerce of his Subjeds is extended ; and you are, at length, relieved from thofe Burthens v/hich arc unavoidable in the Progrefs even of the moft fuccefsful ^yar. Interedcd, as you are, in the Happinefs of fo excellent a Sovereign j and fenfible, as you have ever been, of the incftimable publick BlefTings which you have enjoyed under his illuftrious Houfe ; you will receive with Plcafure, the Information of the aufpicious Birth of the Prince of Wales, and of the fur- ther Encreafe of the Royal Family, by the Birth of a fecond Prince : Events which pro- miib Day I.] Affairs of Ireland. 3 mife fuch an Addition to his Majefty's domes- tic Felicity, and fuch a lafting Security to our happy Conftitution, Gentlemen of the Hoiife of Commo7is^ I have ordered the proper Officers to pre- pare the feveral Accounts and Eftimates, that they may be laid, in due Time, before you : You will obferve, that although, from the Ex- igencies of feveral extraordinary Services, the Expences of the two preceding Years have confiderably exceeded what was ufual in Times of Peace ; yet they are fallen far fhort of the Sums which were fo liberally voted in the laft Seflion, a great Part of which ftill re- mains unborrowed * : His Majefty having de- termined to make Ufe of the Credit given to his Government in no other Proportion than as the Neceffity of his Service exactly required. I conlider it as extremely fortunate, that I en- ter upon the Government of this Kingdom at a Time when the Situation of publick Affairs * This Word having been cenfured by fome without Poors as not a Denifon of our Language, it is not im- proper to obferve, that un is a Privative or Negative Particle, which is placed, almoft at Will, before Adjec- tives and Adverbs, and has been placed before borrowed both by Dryden and Locke. B will 4 Debates relative to the [Day I. will permit fo very conliderable a Diminution of the public Expence, and when I am com- manded by his Majefty to thank, you only for your part Efforts, without again having Re- courfe to the experienced Liberality of Parlia- ment : I have nothing to afk but the Conti- nuance of the Supplies for the Support of the ordinary Eftablifliment, which it is hoped will not exceed the Produce of the ordinary Re- venue, and I recommend to you a proper At" tention to the Reduction of the public Debt. Mv Lords and Ge?itlemcn. Not only my Duty, but my earneft good Wifnes for the Profperity of Ir eland ^ oblige me to take this Opportunity of mentionino- to you the only unpleafing Circumftance which has occurred fince my Entrance upon this Government ^ the tumultuous Rifings of the lower People, in Contempt of Laws and of Magiftracy, and of every conftitutional Subordination, mufl:, if not duly attended to, be produdive of the moft fatal Confequences, they are a Difgrace to a Country of Liberty j they are ruinous to a Country of Commerce; and muft be particularly fatal here, where the leaft Check to the rifing Spirit of Liduftry is fo Day I.J Affairs of Ireland. 5 fo very fenfibly felt, and fo very difficult to be retrieved ; no Means can ferve more effedu- ally to prevent thefe Diforders for the future, than the Encouragement of fuch Inflitutions as tend to imprefs on the Minds of the lower Order of People, early Habits of Induftry, and true Principles of Religion : For this Purpofe, your Proteftant Charter Schools were eftabliflied, to which I therefore recommend the Continuance of your Care, Encourage- ment, and Support : Your Linen Manufac- ture demands, and will reward every Infhance of Public Attention j there is nothing which can more properly excite your future Endea- vours, and nothing has more fully anfwered your former Expectations : This Manufacture has been, at all Times, the fivourite Objecft of Parliamentary Encouragement j and I fhould be concerned that any National Ad- vantage which has been cultivated under the Adminiftration of my PredecefTors, fliould be negledled under mine : Be afTured you cannot take any Meafures which will be more grate- ful to his Majefty ; or, which I fhall be more follicitous to forward, than thofe which may in any Refpe<5t, advance the growing Profpe- rity of this very improveable Country : If, therefore, any of your Manufactures may be B 2 further 6 Delmtes relative to the [Day I, further extended ; if any Thing can be done towards exciting the Spirit, or, providing the Means of Induftry : If any Improvements in Agriculture can be produced, upon wife and pradiicable Principles j and in every Thing that tends to the Encouragement of Virtue, or the promoting of true Religion, you will have, towards the Attainment of thofe Ends^ not only my zealous Co-operation, but his Majefly's fteady and willing Protection. I come to this Government with the King's cxprefs Commands, and my own very warm Inclination to recommend and fupport fuch Meafures : His Majefty has the firmeft Reli- ance on your experienced Duty and Loyalty j on your unbiafs'd Regard to the Public ; and he doubts not that this Seffion of Parliament will be carried on in a Manner fuitable to your own Dignity, and to the Unanimity of your pafl Proceedings. If the moft inviolable Attachment to his Majefty, and Zeal for his Service ; if a firm Adherence to thofe Principles by which the Proteftants of Ireland have ever been diflin- guiilied, were Qualifications fufiicient for the Difcharge of the high and arduous Trufl: com- mitted to my Hands, I might infure to myfelf an Day I.] Affairs of Ireland. 7 an Adminlflration not unacceptable to Parlia- ment : And I ftill flatter myfelf, that, as the only Ends I have in Purfuit are the King's Service and the Public Welfiire, I may obtain the only Rewards I have in View^, his Majef- ty's favourable Acceptance of my Services, and your entire Approbation of my Condu(^t. Mr /F— B — moved, that an humble Ad- drefs (hould be prefented to his Majeily to affure his Majefly that we fliall be always ready to give him the mofl convincing Proofs of our Loyalty and Zeal for the Support of his Crown and Dignity. To exprefs our warmeft Gratitude for the gracious Approba- tion with which his Majefty is pleafed to ho- nour our paft Condud: j and to aflure his Ma- jefly that we fliall in the Courfe of our future Proceedings, by our Perfeverance in the fame Principles of Duty and Loyalty, endeavour to defer ve the Continuance of his Majefly's royal Favour and Protedlion. To return our moil dutiful and mofb grateful Thanks to his Ma- jefly for his paternal Care, in being gracioufly pleafed, upon theRe-eftablifliment of a gene- ral Peace, immediately to relieve his loyal and faithful Subjects of this Kingdom from thofe heavy Burdens which they chearfully bore, B 3 during 8 Debates relative to the [Day f. during the late fuccefsful War. To exprefs the Happinefs we muft feel from every new Acceffion to his Majefty's Dominions, and Extenfion of the Commerce of his Subjeds. To exprefs our moft unfeigned Joy, upon the aufpicious Birth of a Prince of WaleSy and of the further Addition to his Majefty's Royal Houfe, by the Birth of a fecond Prince ; Events, which, as they promife fo great an Addition to his Majefty's domeftic Felicity, and fuch a lafting Security to our happy Con- ftitution, muft give the higheft Pleafure to a People deeply intereftcd in the Happinefs of fo excellent a Sovereign, and fo fully fenfible of the ineftimable public Bleftings which they have, without Interruption, enjoyed under his Majefty's illuftrious Houfe. To acknowledge it as a particular Inftance of his Majefty's tender Concern for the Welfare of this King- dom, that he has been gracioufly pleafed to appoint a chief Governor to preiide over us, of whofe approved Fidelity to his Majefty, and fteady Attachment to his royal Houfe, we are fully perfuaded, and of whofe Ho- nour, Juftice, Integrity, and other eminent Qualities, we have conceived the higheft O- pinion. To exprefs our juft Senfe of his Ma- ]cfty"'s great Gocdnefs in having made ufe of the Da y I. ] Affairs in Ireland. 9 the Credit given to his Government in the laft Seffion of Parhament, in no other Proportion than as the Necellity of his Service exadly required , and to aflure his Majefty that we Ihall, with the greatefl Chearfulnefs, continue the necefTary SuppHes for the Support of the ordinary Eftabhrtiment, with a proper Atten- tion to the Reduction of the pubhc Debt. To allure his Majefty that we have feen, with the greatefl Concern, the tumultuous Rilings of the lower People, in Contempt of Laws, of Magiftracy, and of every conilitutional Sub- ordination, which, if not duly attended to, muft be produdive of the mod: fatal Confe- quences, and which, we are fully fenfible, are difgraceful to a Country of Liberty, and rui- nous to a Country of Commerce. That we are convinced that no Means can ferve more effedlually to prevent the like Diforders for the future, than the Encouragement of fuch Inflitutions as tend to imprefson the Minds of the lower Order of People early Habits of In- duftry, and true Principles of Religion 5 and for this defirable Purpofe we fliall continue our Care, Encouragement, and Support of the Pro- teflant Charter Schools, and ihall have the ftrid- efl Attention to every Method by which our Linen Manufadure may be improved and ex- B 4 tended. lO Debates relative to the [Day I, tended. To afTure his Majefty, that we rtiall be actuated by the fame Principles of Duty and Loyalty, by the fame unbiafled Regard to the Public, which recommended our Con- du6t in the laft Seffion of Parliament, to the Approbation of the beft of Princes j and to declare, that we confider the Continuance of his Majefty's royal Protection as the fure and J foiid Foundation of our Welfare and Profpe- rity. Mr Ba — 's Motion was feconded by Mr C — C — , who expreffed himfelf to the fol- lowing Effedl : Mr. S , Although I am confcious that the honou- rable Gentlemen who moved for the Addrefs, has exprelTed the Sentiments of the Houfe in general, in which my own are included, in a mafterly and pathetic Manner, which makes it impoffible to fpeak after him, on the fame Subject, without great Difidvantage, yet the Gratitude that I feel to the heft of Sovereigns will not fuffer me to be filent ; and upon this Occafion I had rather be diftinguidied by the Warmth of my Heart, than by the Force of my Underftanding, or the Elegance of my Elocution. Day L] Ajjairs of iRELAbJD. 1 1 Elocution. The truly paternal Attention which his Majefty has flievvn to this loyal, brave, and free Nation, ever fince his Acceffi- on to the Throne, has infpired me with Sen- timents too powerful to be lupprelTed ; and the Declarations made, on the Behalf of his Majefty, by the Lord Lieutenant from the Throne, cannot fail to fill every Breaft in the Kingdom with equal Gratitude and Joy j for who is there that does not only know, but feel his Intereft in that delightful Profpecft of Tranquillity and Happinefs which thefe De- clarations have thrown open before us ? What can be more pleafing to a Nation, that has a lively Senfe of the Bleffings it enjoys in the full PoffefTion of its civil and religious Rites, under the aufpicious Government of the i-1- luftrious Family that now lits upon the Throne, than to find that our moft amiable and truly Britifi Prince has taken the firft Opportunity of exprefling, in the flrongeft Manner, his Approbation of the Condudl of its Reprefentatives, his faithful Commons in the lad Selfions, and of afiuring them, that the Burden of thofe Taxes, which a juft War made indifputably necelfary, (liall now be lufpended. The Increafe of the Family of fucJi a Sovereign cannot but be regarded as an 12 Debates relative to the [Day I. an earnefl, that thofe Bleffings, of which he is the Fountain, fhall flow to us, and to our Pofterity, in copious and perpetual Streams, which neither Change, nor Time, fliall be able to divert or exhauft. But there is yet another Inftance of his Majefty's moft gracious Attention to this Nation, which, lam fure, 1 cannot mention with greater Pleafure than it will be heard ; he has fent over to us a Nobleman equally diftinguiflied for his Abilities in Public, as for his amiable Qualities in private Life 3 a Nobleman, to whom. Nature and Fortune have vied in Liberality, and, to whom Vir- tue has vouchfafed ilill fuperior Endowments; his Generofity and Benevolence are equal to his PoflefTions, v/hich, in his Hands, are no more than the Power of doing Good, intrud- ed v/ith him, as the Delegate of Providence, for the Beneht of Mankind ; but he does not ftop even here, his Virtue is not only Genuine but Splendid, his Liberality is heightened by a Tafte and Magnificence, which have been equalled by few, and excelled by none ; by fuch a Difpofition, joined with fuch a For- tune, he not only refledls Honour upon his Country, but gives it the ftrongeft Pledge of his Day I.] ^J/'arrs of Ireland, 13 his Superiority to Temptation; and his invio- lable Attachment to the Public Good ; for what can influence him to betray his Truft, whofe fupreme Delight is to fulfill it, or what can feduce him to illicit Gain, who defpifes illicit Pleafurcs, and whofe Fortune already enables him to poifefs thofe which his Virtue prompts him to defire. In Governors, in- deed, of whatever denomination, a fuperio- rity of Fortune feems to be a Requifite of great Importance, for, without it, the very de- lire of doing Good becomes fometimes a Snare to doEvil J the mere willi of impotentBenevo- lence,though it is a kind, is a painful Senfation, and where there is not Ability to fulfill it, fre- quently creates a Dependance pernicious in its confequences, however fpecious in its in- tention. It is happy for me. Sir, and for the Public, that I cannot be accufed of making my Court by a fanciful Panegyric. The Truth of what I have advanced is too well known, and too generally acknowledged ; and his Excel- lency has given us an earneft of his Talents for the important Truft, that is devolved upon him, by his Speech from the Throne, which is now the Subjedl of our Confideration ; he has r J^M n 1 4 Debates relative to the [D a y I . has felecfted and recommended to us thofe Objedts of National concern, that are indubi- tably moft interefting to this Kingdom : He has recommended the bringing the dehidcd and unhappy People in the lower Clafs of Life, who have been drawing Confufion upon the State, and Mifery upon Themfelves, a'c once to a Senle of their Intereft, and their Duty, which are eternally and infeperably u- nited ; as thefe Irregularities muft arife either from erroneous Principles, or that licentiouf- nefs which Idlenefs never fails to produce, he has alfo recommended the Encouragement and Support of the Proteflant Charter Schools, and the Linen Manufadory ; and he has pro- mifed, in the warmeft and moft emphatical Terms, that he will heartily concur in effec- ting the good and important Purpofes he re- commends J as fuch are his Majelly's gracious Difpofitions towards us, fuch is his Reprefen- tative among us, and fuch are the Declara- tions from the Throne, I moft earneftly fe- cond the Motion for an Addrefs of Thanks to his Majefty for the fame. It was then refolved, Nem. Con. that an humble Addrefs be prefented to his Majefty to the Effcd already mentioned, and ordered that Day I.l ^A^ciirs 0/ Ireland. 15 that a Committee be appointed to draw it up, and a Committee was appointed accord- The R— t H- — ble Mr T- C— then moved, that an humble Addrefs of Thanks be prefented to his Excellency, the Lord Lieu- tenant, for his moft excellent Speech this Day to both Houfes of Parliament, and fpoke to the following EfFed; : Mr. S , After what has fo truly, and fo forcibly been fiid in commendation of the Nobleman, whom his Majefty, as a fignal Mark of his paternal Care and Attention to his loyal and faithful Subjedts of Ireland^ has appointed to be Lord Lieutenant of this Kingdom, by the honourable Gentleman who fpoke laft, the Motion I have to make, that an humble Ad- drefs of Thanks be prefented, for his moft ex- cellent Speech, can be confidered only as a neceffary Compliance with the Forms of the Houfej fince I am confident that every one who hears me, feels already thofe Sentiments in his Heart, of which. Thanks, in the warm- eft and ftrongeft Terms, are no more than the 1 6 Debates relative to the [Day I. the Expreffion : The Speech itfelf, though one of the bell: I ever heard on the Hke Oc- cafion, is fuch only as might be expecfted from a Nobleman, fo diftinguiihed by every great and good Quality that can endear the Man, or adorn the Governour, fo fit to reprefent a Prince, who is at once the Happinefs and the Glory of his People, whofe Virtues are fuch as convert every Wifli, however, luxuriant, into a well-grounded Hope, and promife reality and permanence to whatever Bleffings Imagination can form j under fuch an Admi- niftration, no exped:ations of Advantage with- in the Verge of Poflibility arc romantic, for it cannot be imagined that he, who has hither- to been fo eminently diftinguiOied for Inte- grity, Honour, and Munificence, will lofe any Opportunity ' of " difplaying them with yet brighter Luflre, and more extenfive Influence, by the Power which he derives from delegat- ed Royalty, and a Charafter equally exalted and endearing, the fubftituttd Father of a grateful People. Mr. C • having thus introduced, and made his Motion, was feconded by Mr. S 3f — L-.^ junior. Upon I Day I.] Affairs of Ireland, 17 Upon which, it was refolved, Nem. Co??, that an humble Addrefs of Thanks be prefent- ed to his Excellency, the Lord Lieutenant, for his mofh excellent Speech this Day to both "Houfes of Parliament. WEl)^ 1 8 Debates relative to the [I^ay If, WEDNESDAY, OSl, ii, 1763. SECOND DAY, THERE was a meeting of the Commit- tee, appointed to draw up the Addrefs to his Majefty, in the S 's Chamber, when no Objed:ion was made to it, as it was produced, except that it was propofed inftead of the Words " congratulate * ivith his Majef- * The original Reading was right, congratulate k both an Active and a Neuter Verb, as an Adtive Verb, it fig- nifies, io exprefs Joy for the good of another ; as a Neuter Verb, it fignihes, to rejoice in participation for a com-mon good, and is always ufed with the Prepofition with ; now the Birth of the Prince being an Event not only bene* ficial to the King, but to the People, the Word congratu- late ihou\6 have been ufcd as a Neuter, not an Adtive Verb, and by making it an Adive Verb, omitting the Word tuith, half the Complement is taken away, for it implies, that the Birth of a Prince is a good only to his Parents like a common Child, whereas, by making the Verb Neuter, and congratulating with the King, it im- plies a good to the People ; Swift ufes the Exprcilion eovguindatc zvith, in his Introdudtion to Polite Convcrfa- tion : In Defence of the Objection, it was faid that con is icith, but if this proves any thing, it proves too much, for [(with, for this Reafon, fliould not be ufcd with con- gratulate, neither Ibould it be ufed with condole or con- cur. Day II.] Affairs of Ireland. 19 ty," to infert " congratulate his Majefty," which was agreed to. Mr. JV- B reported from the Committee, appointed to draw up an Ad- drefs to his Majefty, that they had drawn up an Addrefs accordingly, which he read in his Place, and after delivered in at the Table, where the fame was read, and is as follows : Copy of the ADDRESS. " Moft Gracious Sovereigfi, We your Majefty's moft Dutiful and Loyal Subje(fts, the Commons of Irela?idy in Parlia- ment affembled, firmly attached to your Ma- jefty's Sacred Perfon, royal Family, and Go- vernment, humbly beg Leave to aflure your Majefty, that we fliall be always ready to give your Majefty every convincing Proof of our Loyalty and Zeal for the Support of your Majefty's Crown and Dignity, The Approbation with which your Majefty has been graciouily pleafed to honour our paft Condud, fills our Hearts with the warm- eft Sentiments of Gratitude, and lays us under the ftrongefl Obligation, to endeavour by a C gon- 20 Debater relative to the [Day II, conftant Perfeverance in the fame Principles of Duty and Loyalty, to deferve the Continu- ance of your Fvoyal Favour and Proted.ion. We think it our indifpenfable Dnty, to re- turn your Majefty our mofi: grateful and fin- cere Acknowledgments for your paternal Care, in being gracioufly pleafed, upon the Re-eflabliiliment of a general Peace, imme- diately to relieve your loyal and faithful Sub- jcfts of this Kingdom, from thofe heavy Bur- dens, vi^hich they chearfully. bore during the Continuance of the late fuccefsful War j and we humbly beg Leave to afllire your Majefly, that we feel the greateft Happinefs, from every new Accefiion to your Majeily's Do- minions, and Extenfion of the Commerce of your Subjeifts. Permit us to congratulate your Majefly, upon the aufpicious Birth of the Prince of WaleSy and the further Addition to your Ma- jcfty's Royal Ploufe by the Birth of a fecond Prince j Events, which, as they promife fo great an Addition to your Majefty's Domeftic Felicity, and fuch a lafling Security to our happy Conftitution, muft give the higheft Pleafure to a People deeply interefted in the Hap-i- Day 11.] \Afmrs of IrelanbI 21 Happinefs of To excellent a Sovereign, and (o fully fenlible of the incftimable public Bkf- iings, which they have, without Interruption, enjoyed, under your iiluflrious Houfe. We acknov/ledge it, as a particular In fiance of your Majefty's tender Concern for the Welfare of this Kingdom, that you have been gracioufly pleafed to appoint a chief Governor to prefide over us, of whofe approved Fide- lity to your Majefty, and fteady Attachment to your Royal Houfe, we are fully perfuad- ed J and of whofe Honour, Integrity, Juftice, and other eminent Qualities, we Ijave con- ceived the higheft Opinion. We are mofl: gratefully afFeded with your Majefly's Goodnefs, in having made Ufe of the Credit given to your Government, in the laft Seflion of Parliament, in no other Pro- portion than as the Neceflity of your Service exadtly required : And we fliall with the jgreateft Chearfulnefs, continue the necelTary Supplies, for the Support of your Majeily'ij ordinary Eflablijhme7it, with a proper Atten- .|ion to the Redudion of the public Debt. C2 We 2 2 . Debates relative to the [Day II. We have feen, with the deepeft Concern, the tumultuous Rifings of the lower People, in Contempt of Law, of Magiftracy, and of every conftitutional Subordination, which, if not duly attended to, muft be produftive of the mod: fatal Confequences, and which, we are fully fenfible, are difgraceful to a Country of Liberty, and ruinous to a Country of Com- merce. We are convinced that no means can more effecftually prevent the like Diforders for the future, than the Encouragement of fuch In- flitutions, as tend to imprefs on the Minds of the lo'vver Order of People, early Habits of Induftry, and true Principles of Religion ; and, for this defirable Purpofe, we (hall continue our Care, Encouragement, and Support of the Proteftant Charter Schools; and fhail liave the flridcft Attention to every Method, by which our Linen Manufadure may be im- proved and extended. We beg Leave humbly to alfure your Ma- jefty, that we fliall be adluated, in our future Proceedings, by the fame Principles of Duty and Loyalty, by the fame unbialTed Regard to the Day II.] Af airs of Ikelai^d. 23 the Public, that recommended our Condudl in the laft Seffion of Parliament, to the Ap- probation of the beft of Princes j and that we fliall always conlider the Continuance of your Majefty's Royal Protedion, as the fure and folid Foundation of our Welflue and Profpe- rity." The fixth Paragraph, being read a fecond Time, Mr E — S — P got up and faid, that the Words ordinary Eftabli/ljmentj feem- ed to include a Senfe which had intirely ef- caped him in the Committee, and that he muft now give fome Reafons why he thought them improper j the Words he faid might be taken to imply the Eftablifliments hither- to granted, and would then include the Pen- lions, which he never could confider as con- ftitutionally neceflary to the Support of Go- vernment, nor did he imagine it to be the Senfe of the Houfe that they were fo ; as he was therefore of Opinion that the Houfe did not mean to declare their Acquiefcence in the Continuation of the Penfions, and as theWords ordinary Eflablifometit^ were fo far ambigu- ous, as in the Opinion, of fome at leafl, to ex- prefs fuch an Acquiefcence, he faid he thought tliey fhould be changed for fome other, the C 3 Senfe ^4 Debates relative to the [Day it, fenfe of which was more definite and cer- tain ; he faid that it was not the Bufinefs of that Day to enter into a critical Dirquifition concerning the Import of the Words he ex- cepted to, nor was he juft then prepared ex- actly to define them, but propofed, as an eafy Expedient to remove all poiTible difference in Conftrudion, that the Words ordinaij Ejiablijhme?it, might be expunged, and tlie Word, Government, inferted in their fteadj which he moved accordingly. He was anfwered by the R — t H ble F—- A , v/ho faid, that the Words ordi- nary EJirMiff^fnent^ were a Parliamentary Ex- preffion, confirmed by long and uninterrupted Ufe, and inferted in almofl every Addrefs that had been picfented from that Houfe to the Throne i that they had never been known to ferve as a Foundation, for any Claim not more explicitly admitted, and thatj therefore, there was not the leaft Reafon to fufpccH: that they would now be perverted to ferve any fuch Purpofe ^ he obferved alfo. that if any fuch Dcfign fliould be formed, it would never fucceed, becaufe no Expreflion in an Addrefs Was obligatory, or even fuppofed to be (o 5 Addreffcs being ccnfidered only as Things of courfe, Day JI.] ^fdirs of Ireland, 25 courfe, a general Expreffion of Duty, Loyalty, and Attachment relative to the Speech from the Throne; he added, that he was firmly perfuaded his worthy Friend upon the Bench l3ehind him, (Mr P — ) would be the firft Man in the Houfe, to fliew a well-timed Spirit of Oppofition againft any Perfon who fliould claim a Right to infer an Acquiefcence of that Houfe to any one Point, from an Expreffion in an Addrefs ; as the Words in Queftion therefore were juftified by inconteftible and repeated Precedents, and as changing them Vv'ould fhew an ill Grounded and ofFenfive Diffidence, without anfwering any one good Purpole, he thought they could not with Propriety be removed for any other, efpe- cially as his worthy Friend had declared that this was not a proper Time to examine criti- cally into their Meaning, and had candidly confeiTed himfelf unable to affign it. If it had not been for this Conceffion, he faid, he ffiould have been tempted to have called upon him for an Explanation, but as no fuch Explanation was either given, or offi^red, and as a Change of thefe Words would render the Addrefs fingular, by departing from the Words of the Speech from the Throne, which it had been always the Prad:ice to adopt in C 4 Ad- 26 Debates relafhe to the [Day 11. AddrefTes from the Houfe, he declared him- felf againft the Motion. The P— S , and A G , faid, that, notwithftanding, the Words in Queftion were fupported by Precedent, and truly Par- liamentary, yet that the Change propofed was a Matter of fo little confequence, that they did not think it neceflary to take up the Time of the Iloufe in a Difpute about it, and therefore agreed to the Alteration propofed. The S G- , Mr J— G , then got up, and fpoke as follows : MrS , I do not get up to oppofe the Alteration fuggefted by my worthy Friend, which, how- ever, I fliould certainly do, if I had any of thofe Sufpicions which he feems to entertain, for if I thought that any Advantage would be taken of a Conceflion o( this Houfe, in an Addrefs, I fhould certainly oppofe the Infer- tion of the Word Government, inftead of the Words ordinnry 'Efiahlifiment, whicli, perhaps, more effedlually than any other, preclude fuch Advantage, at lead much more effedually than the Word propofed to be fubflituted in their ftead J Day II.] ^^ffairs of Irelahj), 27 flead J as a feeming Diftrufl has induced him to propofe the Alteration, fo, on the contrary, nothing but the utmoft Confidence could in- duce me to confent to it, for we differ diame- trically, as to the Force of the two Expreffi- ons. The Word Government, is furely liable to a larger Conftruction than the Words or- dijiary E/iabliJJjmeJit : The Words ordinary Eftablijhme?it, if they have any Meaning, mufl: certainly exclude fomething, whereas, the Word Government admits all ; I would fub- mit it to my worthy Friend himfelf, whether Ordinary does not neceflarily exclude 'Extra- ordinary, and, whether he does not think many of the Sums granted laft Year come under the latter Denomination, particularly, thofe granted for carrying on the War : The Words ordinary EflabliJJjme?it, therefore, if they can be fuppofed to include all the indi- vidual and fpecific Sums granted laft Year, muft be fuppofed to include what is not Or- dinary, or elfe the Expences of a War muft be fuppofed to come under that Denomina- tion : Which fide of this Dilemma then fhall we take ? Shall we fay that the Ex- pences of War come under our Ordinary Ef- tablifhment ? Or fhall we fay that the Words Ordi- 28 Debates relative to the [Day IL Ordinary and Extraordi?2ary mean the fame Thing ? If by ordinary Hjla 'liJJjmeftt, it is abfurd to fjppofe all the fpecifxC Gums granted laft Year to be included, why fliould we fup- pofe it to include PcnfioiiS, merely becaufe Penfions were granted, or continued laft Year ? It would be certainly m.uch more eafy to found a Claim of granting or continuing Pen- fions, upon the general Engagement to fup- port his Majefty's Government, than, upon die fpecific and limited Promife, to fupport his ordinary EjiabliJJjment, which is all that has been afked on his Majefty's behalf : To fupport Go'vernme?it it is frequently neceOary to give very conliderable Sums, as well by way of Penfion as otherwife, for fecret Ser- vice, of which the Crown is the fole Arbiter and Judge, and w^hich, by the very Nature of the Thing, cannot be fufficiently difclofed to be particularly accounted for ; it is, indeed, both our Duty and Inclination to fupport his Majefly's Government in the Juft and Ge- nuine Senfe of the Word, but yet the gene- ral Exprefllon of fupporting Government, is more liable to be ftretched into a Senfe not neceffarily included in it, than the Words Ordinary Ejiablijhnent, befides, being in it- felf, and in its juft and genuine Meaning, a Word Day I.] Affairs of Ireland. 29 Word of much more extenfive Signification ; in a Word, Sir, the Terms of the Speech could not pollibly have been chofen if any Thing not openly and explicitly avowed had been intended j I conclude, therefore, from the very Choice of the Words, that there was no fuch Intention, and that as no Advantage was meant to be taken of us by the Words originally inferted, no Advantage will be taken of that now propofed in their ftead, and, for that Reafon, readily agree to the Al- teration. The Alteration was accordingly made. The Right H— ble T— C— then read the following Addrefs to the Earl of Northum- berland^ Lord Lieutenant General, and Gene- ral Governor of Ireland, ** May it pie afe your Excellency^ We his Majefty's moft dutiful and loyal Subjeds, the Commons of Irela?id, in Parlia- ment alTembled, return your Excellency our moft iincere Thanks for your mofi: excellent Speech from the Throne ; and we beg Leave 10 congratulate your Excellency on your Ap- point- ^o Debates relatrce to the [Day IT. pointment to the Government of this King- dom. We are inexpreflibly happy that our pad Condu6t has met with his Majefty's Appro- bation ; and we flatter ourfelves that by our future Proceedings we Ihall not forfeit that Regard, which his Majefty has fo gracioully condefcended to honour us with. We beg Leave to exprefs our Satisfaction, that the Situation of public Affairs will permit fo very confiderable a Diminution of the Public Expences ; and that your Excel- lency is appointed to the Government of this Kingdom at fo happy a Period. And we af- fure your Excellency we {hall mofl chearfully gran: fuch Supplies as fliall be neceffary for the Support of his Majefty's Government, and fliall give all proper Attention to the Re- dudion of the National Debt. The Rifings of the lower People, men- tioned by your Excellency, give us the ut- moft Concern ; they deferve, and fhall have, our clofcft Attention j and we are fully fen- fible that no Means can ferve more effedtually to prevent thofe Diforders for the future, than the Day II.] y^ffmrs of Ireland. 31 the Encouragement of fuch Inftitutlons as tend to imprefs on the Minds of the lower Order of People, early Habits of Induftry, and true Ideas of Religion. As we are fully perfuaded that your Excel- lency will, upon all Occafions, be ready to forward the growing Profperity of this very improveable Country j fo we fhall, on our Parts, be folicitcus to demonflrate to the World, that we cannot more effectually ferve our own Interefts, than by endeavouring, through the whole Courfe of our Proceed- ings, to contribute to the Honour, the Eafe, and Permanency of your Excellency's Admi- niflration." Mr H — F — afterwards flood up and fpoke as follows ; Mr. S , It muft give every Member of this Houfe the higheft Satisfadlion to refledl, that we now meet freed and difencumbered from the Apprehenfions under which we fuffered the Beginning of the laft Seffions : We have alfo the Happinefs of being acquainted with the Difpofitions of each other, fo that no Requi- fite 3 2 Debater relative to the [Day II, fite is wanting for the mature Conlideration of what may be moll for the Advantage of our Country, independent of every other Ob- jed:. It is, however, a melancholy Refledii- on, that thofe who diflinguifli themfelves by their Independance, Dilintereftednefs, and public Spirit, thofe who make the Advantage of their Country their only Obejd:, are too often branded by the Name of Fadiion^ and under that opprobious Appellation held forth to public Obloquy and Reproach, merely be- caufe they will not concur with the mean, interefted, and felfifli Views of thofe who im- plicitly adopt the Meafures of a Court, that they may themfelves become the Objeds of Court Favour. But whatever deligning Kna- very may pretend, or thoughtlefs Ignorance admic, the Word Fa^lion, as a Term of Re- proach, m.ay be juftly retorted upon thofe by whom it is fo liberally bedowed upon others. Thofe are certainly a Fadlion, in this Senfe, who unite upon any felfifli or contraded Views, againft the public or general Intereft, whether they are many or few : Thofe who inddioufly endeavour to extend the Preroga- tive, under the fpecious Pretence of fupport- ing it, thofe who encourage the Exercife of vmconftitutional Power, aflumed by a Mini^ {ler Day II.] ^Jairs of Ireland. 33 fler under the Colour of ftrengthening the Hands of Government, and thofe who concur in the Diftribution of pecuniary Gratificati- ons to Individuals, at the Expence of the Na- tion, as a Compliment to royal Munificence, thofe and thofe onlv deferve to be fti9;matized by the Name of Fai^ion, It is certain, in- deed, that they do not more miftake their own true Intereil than the true Intereft of tho^.' in whofe iVIeafures they implicitly con- cur ; as the fupreme and only real Happinefs and Honour of the Prince, are derived wholly from the Freedom, Wealth, and Happinefs of his People, fo the Happinefs and Honour of a Minifter, if he is capable of any Thing that may be truly fo called, are nothing more than the reflected Honour and Happinefs of his Prince j fo true it is that Providence has made the real Happinefs of the Individual de- pend upon the fame Condudl that produces the Happinefs of the whole ; that every Vice is manifcflly a Folly ; and he who facrifices the Litereft of his Country, its Freedom, In- dependance, or Wealth, to any private Advan-. tage of himfelf, his Family, or his Friends, evtntually betrays the very Individuals he would ferve, by taking away what is of infi- nitely more Value than any Thing he can give 34 Debates relative to the [Day II. give ; for what, in the Eftimation of Honefty and Reafon, can be equivalent to a common Intereil: in thofe invaluable Bleffings that dif-* tinguifli a free People ! God forbid that I (Lould renounce or difparage the forcible, yet tender Ties of perfonal Friendfliip, parental AfFed:ion, or ingenuous Gratitude ; permit me to fay, that no Man in this Houfe is more under the Influence of thefe Attachments than myfelf ; no Man has more ardent Love for his Friend, a ftronger Senfe of Obligation, nor warmer Paffions ; nor do I dream that any Man is bound to love thofe whom he has never feen more than thofe who are indear- ed to him by the Ties of Nature, and of Blood ; much lefs that he can love the Public, who does not love his Relations and Friends, which muft make, to every one not deftitute of Humanity, the moft endearing Part of it j but, I fay, that he only purfues the true In- tereft of his Friend and his Relation, who concurs in every Meafure to fecure to them that upon which every other Bleffing depends ; that Freedom and Independance, without which neither Labour is profitable, nor Reft is fweet ; without which Gold is not Wealth, nor are Titles Honour. The nar- row minded felfifh Court Sycophant, who, in Day II.] y^fmrs of Ireland, 35 in the Wickednefs of his Folly, facrifices the many to the few, does, in fa(3:, facrifice the few with the many ; and does nothing more than involve thofe for whom he is willing to betray his Country, in the Ruin which his Treachery is bringing upon it ; the Tool of Court Fadlion is, like thofe who employ him, the Dupe of his ownCunning, and the Scourge of his own Vice. The namelefs Vermine, that court Sun-fliine quickens in the Slime of Venality, will foon find that the farne In- fluence which produced will deftroy them ; when the Moifture of that Dirt, in which they crav/l, is a little farther exhaled, they will find it ftlffening about them ; they will firfb be de-? prived of Motion, then of Life, and the next Gale will fweep them away with the Dud in which they perlflied. It is not, indeed, ftrange that remote fhould be facrificed to immediateGood, when the Temptation flrikes ftrongly upon the Senfe, and the Principles, both of Virtue and Wifdom, by which alone it can be refifted, are wanting ; but it iii ftrange, and not lefs deplorable, that, in this Country, many fliould be found who facrifice their chief Interefi: to a fubordinate one fliU more remote and precarious ; who give away D Uiei:^ 36 Debates relative to the [Day II. their Share in the public Profperity, not for immediate Riches and Titles, but for mere Names and Shadows ^ for Promifes never meant to be fulfilled j for painted Vapours, which appear folid only by their diftance, which float in airy Regions, where they can never be approached, and which vanifh for ever with the Light that gilds them j nay, in this Age of Vanity and Difllpation, Men are cor- rupted, even by lefs than a Promife, a trivial Complement ; a familiar and a gracious Smile, or a Squeeze by theHand,are deemed valuable Confiderations for thofe ineftimable Bleffings which our Forefathers procured for us, at the Expence of Treafure, of Eafe, of Health, and even Life itfelf. While this Infatuation fpreads among us, and its Effeds are propor- tionably more extenfive and more alarming, it behoves thofe who are not yet circumfcrib- ed by the enchanted Circle, thofe who have ftiil the Ufe of unperverted Reafon, and who flill Eftimate the Blefiings of Life by their juft Value, to exert themfelves in behalf of their native Country, and like its Guardian Angel " to watch over it for Good." They are deeply concerned in its particular Welfare, as diftin(5t from other Parts of the Britijh Do- Day II.] ^Jairs of Irelanj). 37 Dominions, and they are acquainted with its true Intereft, and know how it is to be pur- fued, which cannot be the Cafe with thofe who honour us with their Company from the other Side of the Water : This tender, this jealous Vigilance is ftill more necelTary as it is not our Happinefs to have a native Prince to wield a native Sceptre among us, but mufl ap- pear to our Sovereign as we are reprelented by others, and receive the Benefits of his Ad- miniftration, not diredly, but as it were by Reflediion. As a means conducive to the good Purpofe, which I have endeavoured to recommend, I beg leave to move. "That the proper Officer do attend and in- form this Houfe, whether any Patents, grant- ing Penfions at Will, now in Being, out of the Revenues of this Kingdom, are InroUed ; and, if any fuch Inrollments there are, that the proper Officer may lay thofe Inrollments before the Houfe." When Mr F had made this Motion, the S r replied, that Patents, granting Penfions for Life were never Enrolled, and a Member replied to the S r, that this D 2 Cir-r 38 Debates relative to the [Day II. Circumftance was known to the honourable Gentleman who made the Motion, and that he intended it {liould by this Means come of^ ficially before the Houfe. The Houfe then ordered accordingly. T H U R S- Day III.] Affairs o/IrelAiMD. 39 THUR SDAY, Oa. 13, 1763. THIRD DAY. C^ L , M. D. Mr S— , I Rife up to remark a Defcd in this Confti- tution no lefs manifefl: than important ; the long Duration of our Parliaments ; as the Evil of this Defed: is felf-evident, I might rea- fonable fuppofe all Arguments for the Proof of it to be precluded, and, as it is of the mofl alarming and fatal Kind, I might alfo, with equal Reafon, fuppofe all Arguments for the removal of it to be fuperfluous ; indeed, the Proof of what is already manifeft, is no lefs difficult than unnecelTary, for by what Form of Ratiocination could I prove the Light to (liine at Noon-day, or demonflrate the Co- lours which the Objeds round me derive from that Light ? yet, becaufe there may be fome, who by fhutting their Eyes, and involving themfelves in voluntary Darknefs, obtain a Pretence to doubt the Reality of v/hat others intuitively perceive, I will endeavour to dif- play what all who are willwg to fee, do fee, D3 in 4CJ Debates relative to the [Day III. in fuch a Manner as to make it impoffible for thofe who love Darknefs rather than Light, to iuppofe, or even pretend to fuppofe, the Light does not (hine, and that the Figure and Colour of the Objecfls it makes vifible, are the mere Illulions of Fancy. To drop the Metaphor, Sir, it is impoffible to fuppofe that Men in general will difcharge their Duty with a Zeal, Steadinefs, and Afii- duity, when it is contrary to their Intereft, equal to that which they v/ill exert in fulfil- ling it, when their Duty and their Intereft co- incide J the Duty of a Member of this Hou.e is infinitely the moll: Important that can de- volve upon a Subjedt, and his Intereft muft either be connedled with it, or oppofed to it, in Proportion as he is dependant upon his Conftituents, or upon any Minifter, who may have formed Defigns, in which his Conftitu- ents could not pofTible concur. By the De- fed:, which I have remarked in our Conftitu- tion, a Member once chofen to fit in this Houfe, fits in it for Life, or at leafi:, for the Life of the Prince upon the Throne ; a Pro- pofition from which the following Deduiftions incontefiiibly proceed : He has nothing either to hope or to fear from his Conftituents ; but from Da V III.] Affairs of Ireland, 41 from a Minifter his Expectations may reafon- ably be great j he will be tempted to oppofe the Mealures of a good Miniiler, merely, that he may be bought into his Service, and to fell himielf into the Service of a bad MiniPcer for the fame Advantage 5 the Minifier alfo may afford to bid high, when he buys for Life ; fo that a Degree of Virtue, which might re- iifl: a fmall Advantage, may befurmounted by the Minifier, merely in confequence of his being in a Situation which will make it worth his while to offer greater. Time for this ini- quitous Compact is alfo abundantly allowed, which, whatever might be the Inclination and Interefl of the Parties, would not be the Cafe, if Parliaments, inflead of iafling for Life, were, according to their primitive Inflitution, to lafl but a Year ; or, according to a late Regulation, for three. A Reprefentative who has a Seat for Life, may become an abfoluts Stranger to his Confiituents, while he conti- nues the Trullee of all that is dear and im- portant to them upon Earth : He who, when eleded, had a good Eflate in the County, or City, by which he was chofen, may, by the Viciffitude natural to Worldly Affairs, be to- tally undone, and not have a Foot of Land in the World ; his Interefl:, therefore, in the P 4 com- 42 Debates rdative to the Day 111.] €ommon Interefl is lefs, and his Dependance jiaturally greater upon thofe who may poffibly wifli to fiibvert it. The Difpofal of Property will thus remain in one who has no Property of his own, and the Liberty of others depend upon one whofe own Liberty, probably, de- pends wholly upon his Seat in Parliament; there is no Time in which he can be called to uccount for his Breach of Truft, no Time in which a worthier Man may be chofen in his room ; add to this, that the Sitting of a Mem- ber, once elected, for Life, is an Injury to thofe who are excluded, and who ought to take their Turn j it is alfo a perpetual Check upon zealous and adiive public Spirit, for, as Man, the befl Man, is a mixed Character, much will never be done for others, if fome- thing for fclf is not mixed with it j and our great Poet, and Moralift, has defined Virtue to be that Self-love which includes the Good of others ; lie, therefore, who might exeft himfelf upon a public and important Occalion, and avail the Public of his Parts, his Influ- ence, or his Fortune, if he hoped by a well- earned Popularity, to obtain a Voice in the great Council of his Country, will, perhaps, either lit wholly Inadive, or at belf, make l^ut a feeble Effort, if this Motive is wanting. In- Day III.] u^Jhirs of Ireland. 43 Indolence, Sir, is the genuine Charaifter of Defpair, or of a State in which Hope has no Object 5 and how many would be actuated by Hope, if our Parliaments were limited to a fhort Duration, who are now likely to be torpid for want of that vital Principle, Heave every one prefent to determine. It is true, that now and then the Door of this Floufe is opened for the Admiffion of a fingle Indivi- dual by Death ; but all that is uncertain is, by a happy Inftind; of Nature, deemed to be diftant j and it being alio doubtful in what Part the Vacancy will happen, the poffibility is no more a Stimulus to one than to all j how different would be the Cafe if, at the End of a iliort Period, the Doors were to be thrown open for the Admiffion of our whole Num- ber ? How many Hearts would then conti- nually beat with Ardour and Emulation^ how many Affiduities would be pradlifed, how extenfive a Popularity acquired, how much our Conftitution ftudied, and our Intereft at- tended to, by thofe who now fink, with a fupine Content, into the Oblivion of private Life, and fit, darkling and filent, in an obfcure Corner of the VelTel, which they know they never fhall affift to fteer. It 44 Debates relative to the [Day III, It would be very eafy, Sir, for me to fliew, by citing indubitable Fafts from our Hiftory, that what I have endeavoured to prove 7nuji be^ has been ; that our Conftitution has fiourifli- ed, when Parliaments have been fhort, and de- clined when Parliaments have been long ; that bad Kings, and corrupt Minidiers, have made the Transition from fliort Parliaments to long, and good Kings, and upright Mini- fters, the Tranfition from long Parliaments to fhort J but to enumerate EfFedls as Evidence of their Caufes, when the neceffary Efficiency of their Caufes has been demon ftrated, would be like bringing Evidence to prove that a Man did not walk, and eat, and fleep, and tranfad: his Bufinefs, after having already de- monftrated that he is dead. Let it, however, be remembered, that the firft who extended Parliaments to a longer Duration than three Years, was Henry the Vlllth, a violent and ambitious Tyrant, the Slave of every deprav- ed Appetite, and equally impatient of Re- ftraint from the Laws both of God and Man. As he knew that his arbitrary Will could not be gratified, but by gaining an Afccndancyo- ver his Parliament, he firft contrived to make his Parliament long, as the only Means of ob- taining Day III.] Affiurs of Ireland. 45 taining that Afcendancy ; and the flavlfh O- bedience of the Parliament, when he had thus modelled it to his Purpofe, is well known. It is alio well known that Charles the lid ob- tained a long Parliament, which knew no Rule of ading but the Will of th.ofe who gave its Membei's their Pay j this Parliament ob- tained the Name of the Fenfion Farliament^ and was, perhaps, the Model upon which fome later Parliaments have been formed. JBut, to wave farther particular Inftances, it is too notorious to be denied, that many dan- gerous Attempts have mifcarried on the other Side of the Water, not fo much from the Vir- tue of the Parliament, as fiom the Apprehen* fion of an approaching Ele(5tion ; and of this Minifters have been fo much aware, that the Clofe of a Parliament has always been deem- ed an improper Time to propofe any Meafure which is, in general, difagreeable to the Peo- ple. In a Word, Sir, it would appear incon- teflibly, from the Reafon of the Thing, unfup- ported by Fads, and by Fads without the Affiftancc of Argument, that the Prolongati- on of the Term of Parliaments weakens the Security of the People, and that nothing can make it fafe to repofe fo great a Trufl in any Set of Men, as the colledlive Body delegates to 46 Debates relative to the FDay III. to its Reprefentatlves, but the Shortnefs of the Term for which fuch Delegation is made. But, if this is true of Parliaments in general, how much greater mud be the Danger arifing from the unlimited Duration of our Parlia- ment, when we have no fuch Barrier againfl minill:erial Influence as the Place-Bill in £?z- gland ? A Barrier which was thought necef- fary, notwithftanding the Limitation of Par- liament to feven Years ; and that it is Icfs ne- ceHIiry to us, whofe Parliament is unlimited, or that with it we might more fafely fuffer our Parliament for Life, than our Neigh- bours, is, I believe, a Compliment they are very willing to pay us, but which, I believe, no Friend to his Country would be ambitious to receive. To conclude, as, at leaft, an Argument ad lofninet/i^ let me obferve, that every Friend to the Revolution muft, confiftently with his Principles, declare in Favour of iimitting the Time of our Parliaments, for how abfurd is it to maintain that the People have a Right to make and change a King, and yet have no Right to change their Reprefentatlves, to whom they delegate their Power of keeping the King from being independant of his People I Day III.] ^^airs of Ireland, A.y People ? I move, then, and I hope to be fe- conded by every Gentleman in the Houfe, that leave may be given to bring in Heads of a Bill for limiting the Duration of Parlia- ments in this Kingdom^ ** Ordered, that leave be given to bring In Heads of fuch a Bill, and that Dr Z-^ and Mr F-— do bring in the fame." " Ordered, that the proper Officer do lay before this Houfe the Inrollments of the Pa- tents, by which the Offices of the Chancellor of the Exchequer, Mafter of the Rolls, and Judges have been granted." Dr L- — then moved, that it might be an Inftrucition to the Committee that was ap- pointed to enquire into the Rifings in the North J to enquire alfo into the Caufes of the Infurreftions in the South : It feemed, he faid, very extraordinary to him that the In- didlments in the North were all laid for high Treafon, and thofe in the South only for a Riot, and a Breach of the Peace. As the Crimes in both Parts of the Country were pre- cifely the fame, both in their Nature and Con- fequences, he was amazed, he faid, how the Profe-^ 4^ Debates relative to the [Day III. Pfofecution could be io different, except in the Purfuance of a particular and partial In- flrudlion from above ; he alfo threw out fome general Refle(5tions on the Condudt of tha Judges who fat in the South. He was anfwered by Mr G — , the S— G — , who faid, he was greatly furprifed that the honourable Gentleman had not been bet- ter informed, for that the Indictments in the South had, in many Cafes, been laid for high Treafon as well as in the North; and the Truth of this was fo notorious, that feveral had even been executed upon the Statute ; he obferved, indeed, that in fome Cafes a Lenity had been fhewn, but he faid it was only when Reafon and Humanity required it, when the Delinquent had been deluded, and, in fome Meafure, overborn by the Heads of the Infurgents, and that there was not theleafl: Shadow of Reafon to fuppofe that the Go- vernment had either Way interpofed, or di- rected the lead Partiality to be fliewn in dif- penfing either Juitice, or Mercy, on this Occa- fion. He added, that as the learned Judges, from the Nature of their Employment, could not fit in that Houfe to defend themfelves, he could not help anfwering for them, and fhould think Day III.] ^Jlairs of Ireland. 4^ think himfelf wanting, as well to his own Charader as theirs, if he did not do them the Jbflice to fay, that they had behaved through the whole of that unhappy Affair fo as to de- ferve the greateft Honour both as Magiftrates and Men. To this Dr L — made no Reply, but, upon his Motion, it was ordered, that it be an In- ftrud:ion to the faid Committee to enquire in- to the Caufes of the Infurredions in the South. Afjfwer of the Lord Lieutenant to the Ad^ drefs of the Hoiife, " Gentlemen^ " I am extremely thankful for this very obliging x^ddrefs : The favourable Opinion you are pleafed to conceive of my Intentions, at the Commencement of my Adminiftrati- on, will, 1 flatter myfelf, be confirmed in the Courfe, and by the Conclufion of it. It will be my chief Endeavour to merit your Appro- bation by my own Conduct, and faithfully to reprefent to his Majefty the Loyalty and the Affedlion ^o Debates relathe to the [Day III, Affcdlion of Yours : Opportunities of doing this Ad: of Jufticc, fo honourable to you, and fo pleafing to mc, I perfuade myfelf will vtxf frequently occur; and you may reft affured they fliall be always very readily embraced, and improved to the utmoft Advantage." THURS- Day IV. J Affairs of Ireland. 51 THURSDAY, 0^.27, 1763. FOURTH DAY. MR. R — F — got up and faid, that as many unavoidable Accidents frequent- ly prevented the beft-intentioned Subjedls from qualifying themfelves vv^ithin the exad: Time prefcribed by the Ad:, and that, as the Adt was never defigned to diftrefs fuch Per- fons, by taking Advantage of a Delay w^hich they could not prevent, he humbly moved that Leave might be given, to bring in Heads of a Bill for allowing farther Time to Perfons, in Offices or Employments, to quahfy them- felves, purfuant to an Adl to prevent the far- ther Growth of Popery. Ordered that Leave be given to bring in the Heads of fuch a Bill. Mr n ^— •. MrS , As Liberty is the common Birth-right of Mankind, and, like Health, is that Blefling, without which no other can be enjoyed, it is E cer- 52 Debates relative to the [Day IV. certainly Matter of Regret, that, by the natu- ral and necefTary Imperfed:Ion in all human Things, the Liberty of Induftry and Inno- cence fliould, in fome Circunidances, be pre- carious, even in this Country, of which Free- dom is the glorious, and almofl: peculiar Pri- vilege, and in behalf of which our Anceflors have been ever ready to expend the laft Mite of their Property, and the laft Drop of their Blood. As Jullice. is nothing more than Goodnefs, under the Diredion of Wifdom, which inflids Puniihment upon a Part for the Good of the Whole, Puniihment, how- ever merited, and however necefiliry, by no meajis excludes Pity : The Magiftrate may, without Reproach, drop a Tear over the Cri- minal whom he condemns even to die, and feel the generous Struggle of Companion in his Bofom when he denies Liberty, even to Idle- nefs and Guilt ; what then muft be the Feel- ing of the humane and generous Mind, where the Law, either deceived by the Wiles of ini- quitous Cunning, or the fortuitous Concur- rence of fpecious but deceitful Appearances, is found to have condemned blamelefs Sim- plicity, and laborious Diligence to a Dungeon, in which, like the Grave, " there is neither Work nor Device by which Man can profit," and Day IV.] ^J^airs of Ireland. 53 and which is crowded with all the Horrors that are the genuine Progeny of Mifery and Guilt J and yet if no Man was to be commit- ted to Prifon, but upon full Examination, and inconteftible Proof of his Guilt, what Offen- der could be fecured ? and if the Profecutor, upon failure, in his Proof, was to become fubjed: to the fame Puni(hment, which the Delinquent would have incurred, what Of- fender would be profecuted ? At the time when Perfons, taken up upon Sufpicion, are committed by a Magiftrate, the Proof of their Crime, fuppofing them to be really Guilty, is often known to be impoffible, at Icaft, it is always impoflible where it is not manifeft and felf-evident, and where it is fo, the Com- mitment is not an unmerited Punilliment. And, as our Laws require nothing lefs than an abfolute Demonftration of Guilt, by direct and pofitive Evidence, it Would be Cruelty inftead of Mercy to fubjed the Profecutor,- who has been already injured by the Crime committed, to fuffer inftead of the Offender, becaufe he has not been able to demonftrate that the Perfon againft whom there were reafonable Sufpicions was he. What then is to be done ? fliall we admit more (lender Evi- dence to convidl the Accufed, that it may be E 2 equi- 54 Debates relative to the [Day IV. equitable to punilli the Accufer, if he fails in the Convidtion ? This, furely would be no Teftimony, either of our Humanity, or our Wifdom ; or (hall we, inftead of the Solem- nity of a Tryal, by twelve difinterefled Per- fons, the Equals, or Peers,of the fuppofed Of- fender, enable a fubordinate Magiftrate to de- termine finally of Life and Death, by fuch Probabilities as can haftily be brought before him, upon the firfl Apprehenfion of a fufpec- ted Perfon ? Surelv this would be ftill lefs eligible than the other Expedient. If the Evil then of fometimes committing an inno- cent Perfon to Prifon cannot be obviated with- out bringing Innocence into yet greater Dan- ger, and expofing it to yet worfe Mifchief, it is natural to enquire, what Methods the Legif- lature has taken to atone for the Wrongs which its own Imbecility makes unavoidable j when a Man, whofe Poverty expofed him to the Imputation of Crimes, which the Wealthy could not be tempted to commit, has been kept a Prifoner till the Time of his Tryal arrives, and, when he is brought to the Barr, it appears that he is innocent, and, perhaps, that he has been the Vidim of one of thofe Wretches, who make Perjury fubordinate to every other Crime, or of fome Villain, to whom Day IV.] ^j/ri (?/ Ireland. 55 whom his Virtue or hislnduftry rendered him obnoxious, and who, having by this infernal Revenge filled up the Meafure of his Iniquity, is fled the Country ; when it appears that the unhappy Objedl of fuch diabolical Wicked- nefs has been languilliing in the Filth and In- fection of a Prifon, the Affociate of Thieves and Murderers, that his Wife, and his Chil- dren, who received their daily Bread from the Labour of his Hand, have been expofed to all the Miferies of Want, imbittered by Grief, Anxiety and Terror ; that his Reputa- tion is fullied, his little Credit exhaufted, and Debts contrad:ed, which, however fmall in the Eftimation of Affluence, are yet greater than he can ever difcharge ; when thefe, and many other Inftances of his Diftrefs, and his Wrongs are become too manifeft to admit a Doubt, what Provifion has his Country made to alleviate them ? what Fund is appropriated to prevent his being ftill the Slave of a petty Creditor, to maintain him in the Sicknefs and Debility, which he may have contracted in his Confinement, and to re-place him in the State from which he had been driven, by the erring Hand of hood-winked Juftice, or the combined Effort of Violence and Fraud '^ Methinks lam anfwered, by the Regret and E 3 Com- 56 Debates relative to the [Day IV. Compafiion, which I read in your Countenan- ces, " there is none. " Alas ! it is, indeed, too true that there is none -, is the unhappy Suf- ferer then to be difmiffed again into the World to furmount his Diftrefs, and forget his Wrongs as he may ? to this furely, no Heart can affent, without fighing over its own Inability to award him a better Lot , and yet this is infinitely preferable to the State, in which, after all the Proof of hisSufferings.and his Innocence, he is now abandoned by his Country. The Hufband, the Father, the ufeful, yet injured Member of Society, whom twelve Men, upon their Oath have declared to have committed no Crime, or whom the Villain, by whofe Machinations he was con- fined, dare not appear to profecute, is dragged back to his Dungeon, where he is again con- fined, without Pity, and without Remorfe, by the Tyrant of the Goal, till he has paid what is demanded of him, under the execrable, tho' fpecious Denomination of Fees. Who can fpcak, or who can hear it without Shame and Indignation ! Is a Man to be mulded by a Goaler, becaufe, by the Wickednefs of an Enemy, or the Fallibility of a Magiflrate, he has already fuffered, being innocent, a Pu- pifhment due only to the mofl atrocious Guilt! Day IV.] AJ'airs in Ireland. ^y Guilt ! Is Innocence to be Hill puniflied, merely becaufe it has been puniflied already ? and are thofe, whom the Law is fuppofed to protect, tofufFermore by the Extortion of its Inflruments than by thofe whom it ought to punifli and reflrain ? That we are at prefent under the Reproach of a Condud: fo abfurd, and fo inhuman, fo contrary to our Nature and Conftitution, is not lefs aftonilliing than true, but, furely the Laws of God, and the Dictates of Confcience, every Sentiment of Humanity, and every Principle of Juftice, require that it {hould be true no longer j how fuch a Prad:Ice, whether founded upon any Law, or whether merely countenanced by Prefcription, waseftablifhed, it is very diflicuit to conceive; it is more flrange it fiiould con- tinue, and it is ftranger ftill, that when a wor- thy Gentleman, whofe Example 1 {hall always think it the higheft Honour to follow, brought a Bill into this Houfe to fet it afide, the Bill was, by fome unaccountable Fatality, thrown out i happy is it for us, Sirs, that we are in a Situation fo remote from the Diftrefs I have defcribed, that we can fcarce believe it polTi- ble to cxift : But if any Gentleman is in- clined to vifit thefe Scenes of Wickednefs E 4 and 58 Debater relative to the [Day IV. and Mifery, the public Prifons of this Coun- try, he will find the Number of thofe who are detained merely for their Fees, to bear a confiderable Proportion to the whole 5 the Friends of fufFering Poverty are foon exhauft- ed, and he, whofe daily Bread depended wholly upon his daily Labour, when once he is removed from the World to a Prifon, is very foon forgotten by all but thofe who have it not in their Power to afford him pecuniary Affiftance : The Legiflature, Sir, fhould cer- tainly interpofe in this Cafe from mere Po- licy, fuppofing Juftice, Humanity, and every more generous Motive to have loft its Influ- ence ; the Prifoner is neceffarily idle, and, if a Miracle do not interpofe, he will, at length become corrupt ; the Public will be depriv- ed of the Benefit of his Labour, while he is confined, and if, after long Confinement, he returns into the World, he will probably be the Peft of that very Society of which he was before the Support -, and, furely it is the Intereft of Government, in every view, to prevent Mankind from thus ftarving and de- praving one another : I flatter myfelf, how- ever, that we fhall not be prompted to ef- poufe the Caufe of fuffering Innocence, of the Poor Day IV.] Affairs o/" Ireland. 59 Poor, and " him that has none to keep him," by the mere frigid Senfe of Duty, and a Re- gard to political Principles ; the very Indi- gence of the Sufferer, and our ownExemption from the fame Species of Diftrefs, fliould quicken our Adivity, on this Occafion, and, I dare fay, every Gentleman prefent can lay his Hand upon his Heart, and with that Benevo- lence, which is at once the Honour and Hap- pinefs of our Nature, fay to himfelf. Homo fum^ hiimani nihil a me alienum piito *. I therefore, humbly move, that Leave be given to bring in Pleads of a Bill fordifcharg- ing, without Fees, Perfons who fhall be ac- quitted of Offences, for which they are, or {hall be indidted, and for making a Compen- fation to Sheriffs, Goalers, and Clerks of the Crown, for fuch Fees. Ordered, that Leave be given to bring in Heads of fuch a Bill, * I am a Man, and nothing by which Man is afteiSi:- ed can be indifferent to me. Mr, 6o Debates relative to the [Day IV. Mr. R F . Mr. S~, I rife up in Behalf of a Petition of the in- corporated Society of Dublin, for promoting EngliJJj Proteftant Schools in this Kingdom. That a Difference of religious and pohtical Principles, in any Country, is of the greateft Prejudice to the State, ftands in need of no Proof, nor can it be denied that this King- dom has long, and does now fuffer all the E- vils of fuch a Difference : I think, alfo, it will be readily admitted, that the Support of Schools, in which thofe, who would otherv/ife be Papifls, are educated in the Principles of the eftablidied Religion of this Country, is a Meafure well adopted to remove thefe E- vils, by gradually eradicating their Caufe ; it follows, therctore, that, upon mere Principles of Policy and Intereft, this Inftitution (liould be fupported ; I hope, however, that there are other Inducements, of a more elevated, and a more amiable Kind, of which wc all feel the Force. Every Proteftant muff ne- ceffarily fuppofe that Popery, befides its Ab- furdities, contains many dangerous Errors. To refcue the Children of the Poor, of thofe, who, Day IV.] JJairs c/Ir-elakd. 6i who, " If in this Life only they have Hope, are of all Men moft miferable," from a State, in which they will implicitly imbibe Errors, that will at leaft endanger their Happinefs, in a State of final Retribution hereafter, is a Work, that, where there is any Compaffion for helplefs Innocence, and for deluded Bigo- try, any Regard for Virtue, any Zeal for Re- ligion, will be undertaken from Feelings, and Principles, very different from civil Intereil:, and State Policy. But Motives of Compaffi- on will not be wanting for the Promotion of this Inftitution, even to thofe who are inclin- ed to fet the fpiritual or focial Advantage of Religion wholly out of the Queftion ; a Charter School is an Afylum, not only from Error and Superftition, but from Mifery 3 from Idlenefs, which enervates the Body, and depraves the Mind 3 and from Indigence, under which helplefs Infancy frequently finks into the Grave j in a Charter School, the Principles of genuine Clirillianity are taught, early Habits of Induftry are formed, loyal Subjefts arc pro- duced for the State, ufeful Members for the Community, and rational Chriftians for the Church. It would be eafy for me to enlarge upon this Subjedl, but as the good Effeds of the Charter Schools have been fo numerous, and 62 Debates relative to the [Day IV, and fo manlfeft in the Neighbourhood of e- very Gentleman in this Houfe, and are, in- deed, fo generally acknowledged, it would be taking up Time unneceiTarily, which may be employed to better Purpofe. I would now proceed to give fome Account of their prefent State, but in this I am prevented by the Pe- *tition ; I fhall therefore only obierve, that the Nurferies, for the Eflablifliment of which Affiflance is now fought from Parliament, are attended with Advantages yet greater than the fuperior Schools would produce alone ; be- fore Children could be received into thofe Schools, they would have arrived at an Age, when the fcrongeft Connexion is formed be- tween Children and their Parents ; by the Complacency of the Parent to the Child on one Hand, and, on the other, by the Affec- tion returned by the Child to the Parent, in confequence of the Indearments which that Complacency produces j in confequence of this mutual Attachment, the Child, who, all the Time it is at School, remembers the In- dulgence of parental Tendernefs with regret, and pines with Delire to return Home, too of- ten gratifies this Delire, as foon as ever it is dif- miffed, with an Impatience, and Ardour, pro- portioned to its Delay j the Intention of the School Day IV.] Affairs of Ireland. 63 School is thus defeated ^ the Influence of the Parent, and Relations, in conjundion with that of the Prieft, enforcing the joint Precept and Example of both, precipitate him again into thofe Errors, which he had been taught to efchew, and the bad Habits effential to his chofen Situation inevitably recur ; he is at length married among his Relations, and his return to Truth and Induftry precluded for ever. But, on the contrary, Children are re- ceived into the Nurfery at a Time, when they are rather an Incumbrance than a Gratificati- on to their Parents, and, before they can be fenfible of their CareiTes ; no tie, therefore, is formed, which can draw them back into the Delufion and Irregularities, from which they have been once delivered by the chari- table Liberality of their Country ; befides, the more early Habits of Induftry are form- ed, and Precepts of rational Religion inculca- ted, the more ftrong and the more lafting both will probably be, and the more likely to produce their genuine Effeds. That this In- ftitution ftands in need of Support, will ap- pear from the Petition, the Allegations of which, if doubted, may be fupported by in- conteftible Evidence \ as the Support of it is, in every View, of the higheft Importance, and as 6a. Dclmfcs relati've to the [Day IV". as it has been, in a particular Manner, recom- mended from the Throne, I move that the Petition be referred to the Confideration of a Committee, that they do examine the Matter thereof, and report the fame, with their Opi- nion thereupon, to the Houfe. The faid Petition having been prefented, and received, was read, fetting forth that the Society was incorporated by his late Majefty, in the Year 1733, and by the great Bounty of the Crown, repeated Aids of Parliament, the Subfcriptions and Benetadions of fcveral Per- Tons in Great Britain^ Ireland^ Vxnd his Ma- jefly's Plantations in Ameriaiy has been ena- bled to eredl, in feveral Parts of this Kingdom, forty-nine Schools, for the Maintenance and Education of about two Thoufand Children, as alfo a Nurfery, in Dubli?i, for the immedi- ate Reception of fuch of the Children as arc admitted here. That the Children in faid Schools are inll:rud;ed in the Proteftant Reli- gion, and trained up to Induftry and Labour, in order to be apprenticed to Pxoteftant Li- nen Weavers, Flax Dreflers, Gardiners, Far- mers, Tradefmen, and to Gentlemen for Ser- vants. That the Society has been at a very confiderable Expence, in building feveral new Schools, I Day IV.] Affairs of Ireland. 65 Schools, and has alfo accepted I'everal other advantageous Propofals, which it cannot proceed to carry into Execution. That the Society, encouraged by this Houfe to build four Nurferies, one in each Province, for the Reception of one hundred Children under fix Years of Age, has io far carried that great Plan into Execution, that Children have been fome Time iince received in three of the faid Nurferies, and that it has alfo pur- chafed Ground for the fourth Nurfery, but is at prefent unable to proceed further there- in. That, by the great Number of charitable Inftitutions of various Kinds, both in this Kingdom and Great 'Britain^ the annual Sub- fcriptions, and other Benefadions, to this So- ciety have been greatly leffened ; it is therefore under the moil: urgent Neceffity, to make its Application to this Houfe, as the only efFedual Refource, whereby it may be enabled to carry on a Defign, fo well cal- culated for promoting Induftry, and fo highly ufeful to the Proteftant Intereft in this King- dom. And praying Relief. *' Ordered, that the faid Petition be refer- red, as by Mr. F— 's Motion." Th( 66 Debates relathe to the [Day IV* The R-— t H— ble Mr A— M— • then mo- ved that a Supply might be granted to his Ma- jefty, and that, for the greater Freedom of Debate, the Houfe might refolve itfelf into a Committee of the whole Houfe, Mr y — E— then faid, that as the Penfi- ons granted on the Eablifliment of Ireland, were Objeds moft interefling to the Nation, and moft worthy the ftridteft parliamentary Enquiry, he was of Opinion they fhould be made as public as poffible, by being printed, that every Body might know by whom thofe enormous annual Sums were received, in what Proportions, and for what Time, alfo in what Country the Penlioners rellded, that People might the better judge how far they were a national Advantage, or otherwife j he therefore moved for the printing the fame. " Ordered, that the Lift of Peniionson the civil and military Eftablifhment be printed." FRI- Day IV.] 'JfairsoflR-EtAiit). 6y FRIDAY, O^. 28, 1763. FIFTH DAY. The R— t H-— ble Mr F— y^— * MrS i, ITake this early Opportunity to acquaint the Houfe with my Intention to bring in two Bills this Seflions, which, in fome de- gree relate to each other, and both which 1 think of the higheil Importance to the Re- ligion, Morality, and civil Government of this Nation : The firft is a Bill for encreaf- ing the Salaries of Curates ; by the Statute of the 6th of George the Ift, it is ena<5led, that if any Rector, or Vicar, fhall nominate any Curate to the Ordinary, to ferve the Cure of fuch Redlor, or Vicar, in his abfcene, the Or- dinary {hall be impowered to fix, for fuch Curate, a certain Stipend not more than fifty, nor lefs than twenty Pounds a Year. And, by the firft o( George the lid, it isalfo enadt- ed, that it fliall be lawful for every Bifhop, at the Time of his licencing any Curate, or other Perfon, in holy Orders, to alTift the In- F cumbent 68 Debates relative to the [Day IV. cumbent of any Paridi, by whom he fhall be nominated, to appoint a fufficient Stipend, to be paid at luch Time as he fhall think fit, by fuch Incumbent, to fuch Curate j fuch Stipend not to exceed fifty Pounds a Year, nor fall fliort often ; and, as both thefc Adts are ta- ken from the Briti/Jj Acl of the twelfth of Queen Anne^ the Ordinary is allowed to judge and determine all Cafes relative thereto, and the Curate's Salary is generally fixed at forty Pounds a Year. Now, Sir, I think it muft be univerfally allowed, that the Salary of forty Pounds a Year was much too fmall for a Curate, even when the A(fl of the firfl: of George the lid was made, which is now fix and thirty Years ago ; how greatly then muft it fall ihort, at this Time, when the Value of Money is fo much lefi^ened, that Sums, which were then lent at Seven per Cent, are now lent at Four ; at the fame Time that more Things are be- come neceflary, and every Necefiary is be- come dearer. I call thofe things necefiary, Sir, that Habit and Cuftom have affixed to the feveral Situations and Conditions of Men ; the Refinements of this Age, and the Impor- tation of foreign Articles, have greatly en- creafed Day v.] Affairs of Ike LAUD, 69 creafed the Number of Particulars that are thus neceflary ; and, I believe, all things con- sidered, it will be found that forty Pounds a Year, fix and thirty Years ago, was, at leaft, equal to eighty Pounds a Year now ; every Gentleman prefent, will, therefore, furely con- cur with me, in Opinion, that forty Pounds a Year is much too fmall a Pittance for one, who always by his Education, and frequently by his Birth, is a Gentleman j who receives new Dignity, from the facred Fundion to which he is called ; who would be degraded by allbciating with thofe whofe Income in civil Life produces only a Pittance equal to his own ; and who can preferve the Propriety of his Charader, and the Refped; and Weight, which alone can give Efficacy to his Miniftry, only by moving in the Rank of thofe whofe Re- venue enables them to fpend in a Month, more than he receives in a Year, which unavoidably brings many other Expences, under the Deno- mination ofNeceflaries of Life, with refpedl to the Curate, which, in another Situation, would not occur. I fay, Sir, thefe things conlidered, I cannot fuppofe that any Gentleman prefent will think forty Pounds a Year a fufficient Stipend for thofe who perform all the Duties, for which, no lefs than one tenth F z Part 7© Debates relative to the [Day V. Part of the Revenue of the Country is allotted by our Ecclefiaftical Conftitution. If forty Pounds a Year is enough for thofe who per- form thefe Duties, why is the Public taxed at more ? Is it the Intention of Govern-, ment to tax Induftry for the Support of Idle-j nefs ? Is a tenth Part of all that the Earth yields to the Hufbandman, in return for the Sweat of his Brow, to be paid into the Purfes of thofe who do nothing but pay back a fmall Pittance of it to a Subftitute, who performs thofe Duties and Fundions, which, in the Opinions of our Anceflors, make it re- quifite to pofiefs the whole ? Sure I am, Sir, that the Reafonablenefs of the Church Reve- nue can be fupported by no Arguments, which will not prove that officiating Cu- rates fliould have a much more ample Allowance than forty Pounds a Year. The very Appointment of Tythes is a Demonflra- tion that the Founders of the Inftitution thought thole who preached the Gofpel, and adminiftered the Sacrament, who were to admonilli the Wicked, and encourage the Good, and to fet an Example of Hofpitality and Chriftian Benevolence, fhould have much more than the mere NecelTaries of Life : And, as I am moft fincerely of their Opinion, Day v.] Affairs of iRELANiy. yi Opinion, I would not have the Revenues of the Church lefs, but I v^'ould have them more equally diftributed ; I vi^ould have thofe fup- ported in the Character, who render the Cha- rad:er fubfervient to the Duty, and not thofe, who with a Rank and Affluence, that would add Weight and Efficacy, both to their Pre- cept and Example, leave the Labour of Jn- flrud:ion, and Admonition, to thofe whofe Poverty and Dependance mufl: render both not only ufelefs, but contemptible. I will readily admit that a Gentleman, whofe Edu- cation has coft annually more than the whole Income allotted to the Fundtion, for which he could no otherwife be qualified, who, with every private Shift, to maintain an outward Appearance fuitable to his Character, cannot hide his Diftrefs, whofe Body is harralfed by fatiguing Duty, and whofe Mind is depreffed by a Senfe of his Condition, ought to be re- garded at once with Reverence and Compaf- lion ; but the Queftion is not how he ought to be regarded, but how he is regarded ; and, it is but too well known, that, again ft the Contempt of Poverty, no Age has ever found a Remedy, no Ability a Defence, nor any Virtue a Cure ; Poverty is not only an Evil in itfelf, but it is contagious too i it brings F 3 all 72 Debates relative to the [Day V. things into contempt, with which it appears to be connected. When it has rendered the Curate contemptible, it foon renders his Fundion fo too, and when his Function is involved in his perfonal Difgrace, the Reli- gion, of which he is the Minifter, cannot long efcape free. If Religion then is of any Importance to Mankind, it is of Importance to fupport its Minifters, in a State, in which Frugality, at leaft, may obtain Independance, and Virtue procure Efteem. But I have hitherto. Sir, confidered the Curate of forty Pounds a Year as a fingle Man j if I was difpofed to intereft your Pafiions, as well as your Underftanding, in his behalf, I would coniider him as a Hufband and a Father ; I would defcribe the Diftrefs of his Family du- ring the HelplefTnefs of Infancy, and theLan- gour of Sicknefs j the Diflradion and x^nguifli of Mind which he muft fuffer, under a total and hopekfs Inability, to fupply what is re- quifite for the proper Nurture, and Main- tenance of the one, and the Solace and Reco- very of the other. I am forry to fay, there is too much reafon to apprehend, that fome may pofTibly be fo illiberal and void of feeling, as to reply, with a Sneer, what Bu- fmefs have thofe Wretches to marrv, who can Day v.] Affairs of Ireland. 73 can only pefter their Country with a Progeny oi li -ggars ? and who would confider a Cu- rj^^» that fhould happen to have twelve Chil- dren, rather as an Objed: of Ridicule than Pity: It almofl: goes againft me to ojffer a ferious Anfwcir to what deferves to be treated only with Indignation and Contempt j " increafe and multiply," is the great, the general Law of our Omnipotent, all wife, and all gracious -Creator, who has, in every Inftance, made the public Good depend upon the lawful In- dulgence of private Inftindt ; to encreafe and multiply, is at once to enrich and to defend the State, it is to repleni(h the Earth, and to produce Candidates for Heaven ; one of the moft extravagant and pernicious Abfurdities of Popery is the imaginary Merit of Celibacy j for, fetting all political Advantages afide, that, which is Merit in one, would be Merit in allj the World then mufl fubfifl only by a Devia- tion from the narrow Path of Religious Per* fedion, the Saviour muft, comparitively, have fuffered in vain, and millions, upon whom everlafting Felicity would have been beftowed, as the Purchafe of his ineftimable Death, would never be produced to claim what he has purchafed for them. Is Poverty then, among its other unmerited Curfes, to F 4 pre- 74 Debates relative to the [Day V. preclude a Man from fulfilling the firft and great Command ; from continuing his Species, and anfwering the principal End of his Crea- tion ? If fo, we are ftill lefs excufable, for fuffering the Labourers of the facred Vine- yard to want, merely, that others, who nei- ther plant, nor prune, may abound ; the Ef- fects of Celibacy are an unfocial Mind, and diftempered Body ; an impoverifhed Country and an enfeebled State ; every Temptation to Celibacy fliould therefore be removed, at once to avert both a private and a public Curfe ; fo that, in this View, the Argument for aug- menting the Stipend of Curates will be {li"engthened,and the Reproach, which is caft upon thofe, who marry, thrown back upon thofe who lay them under Temptations to live fmgle j it muft ^Ifo, upon this Occalion, be remembered that an Income, which leaves a Curate poor, will neverthelefs make a La- bourer rich. Wealth and Poverty depend lefs upon the abfolute Poffeflions of the Indi- vidual, than upon their Habits and Station in Life ; a Man, who is placed in the Rank of thofe who fpend four hundred a Year, will be expofed to all the DiftrefTes of Poverty with Fifty : He, who aflbciates only with thofe, who get twelve Pence a Day, by ma- nual Day v.] Affairs of Ireland. 75 nual Labour, will procure the Conveniencies of Affluence with eighteen Pence a Day, which is not quite thirty Pounds a Year. If I am now afked, how I propofe to remedy the Evil of which I complain, I anfwer, that the Remedy lies farther than my utmofl Hopes will prompt me to afpire -, I mean no more than to paliate, I know too well the nature of the Difeafe, to attempt a Cure ; I do not propofe the compelling all who re- ceive the Nation's Money, to perform the Duties for which it is paid ; I propofe only that thofe, to whom the Duty is left, may be enabled effedlually to fulfill it : But as, in order to this, it is not neceflary that the offi- ciating Clergy fhould have all the Wealth that flows in upon the idle and voluptuous Non-refjdent, I only wifh that a fufficient Part fhould be paid them to anfwer the Pur- pofes of their Calling, and afford them the Comforts of Life : I am content that thofe, whom Merit or good Fortune, have put into PofTefflon of the original Revenue, fhould retain the Reft. A Contribution from thefe, comparitively fmall, would produce an ade- quate Revenue for the Curate, and, confe- quently, more good, both to Individuals and to the State, and would more promote both the 76 Debates relative to the [Dav V* the temporal and eternal Intereft of Mankind than an hundred Times the Sum applied in any other manner j I do not, however, make any fpecific demand, and I mean no more by what I have faid, than that Gentlemen of Ability may aflift in forming Heads of a Bill for the End propofed. The fecond Bill, Sir, that I have to pro- pofe will fhew the Sincerity of my Decla- ration, when I faid, that I did not wifh the Revenues of the Church to be lefs ; for it is calculated for the more eafy and expeditious Recovery of Tythcs j part of the good which I propofe by this Bill, is, in- deed, merely the removal of pofitive Evil. It is always of the moft pernicious Confequence to fuffer the Laws in being to be either quef- tioned or eluded ; great Care fhould, there- fore, be taken, to have them clear and expli- cit, and that they fliould be neither oppreflive in reality, nor appearance ; if they are, in themfelves, imperfedl and ambiguous, they may be oppofed without the Difgrace of fac- tious Difcontent, or a refractory Spirit : If they are oppreffive, even in appearance, they will be oppofed both from Motives of Interefl and Honour, and, he that fuffers, or appears to D A Y V. ] Affairs c/Ireland. 77 to fufFer, by their Execution, will be encou- raged, and fupported, by thofe who have no immediate Intereft in the Queftion j Govern- ment will become odious, and, in lome Cir- cumftances, its Adminiftration imprad:i- cable. The Laws now in being, with Refpeil to Tythes, are fo formed, as to enable the Parifh- oners to litigate the Payment of them with the Incumbent, to which they have frequent and ftrong Temptations j there is a univerfal, and very natural difinclination to pay that, for which, it is thought an equivalent Service is not done, the Redtor being too often non-re- fident, and the Curate unable to difcharge his Duty, by the NecefTity he is under, of holding a Farm, or bufying himfelf in fome other Employment, to maintain himfelf and his Family : The Parifhoners are often very juftly provoked by the improper Behaviour of the Tythe Farmers, or Prodors, a fet of People who are univerfally detefled, and ab- horred, by the very Nature of their Duty, and fometimes there are Difcontents between Pa- riflioners, and a refident Minifler, arifino-. merely from the Difficulty of obtaining the Good- will of a great Number of People, of various yS Debates relative to the [Day V. various Humours and Difpofitions, in Tran- facflions, where Property is immediately con- cerned, and the pecuniary Interefl of the Parties is oppoiite. When the Caufes of Ani- mofity are fo numerous, it can feldom hap- pen, but that any one, who is fo far piqued, or offended, as to do all in his power to dif- trefs the Minifter, may get many to concur in his Defigij, who wanted only the auxiliary Motives of private Friendfhip,and Solicitation, to take the fame Meafures before ; this natu- rally brings on a Combination of the greateft Part of the Parifh, if not of the whole, to de- feat the Law for paying the Minifter his Dues. Among other Expedients, which have been found but too effectual for this Purpofe, they all agree, to paper the Church, as they call it, the fame Day ; that is, they give the Notice, which the Law requires, that they will all draw their Corn on the fame Day ; for though they cut at different Times, yet they contrive not to have different Days of draw- ing : By this Means the Law is eluded, and the Minifter diftreffed in the higheft Degree ; for, in a Parifh of many Miles extent, and, but thinly inhabited, it is impoflible for the Minifter, to procure a fufficient Number of Horfes and Carriages, to draw, even a tenth Part Day v.] u4f airs of Irelahu. 79 Part of his Tythes, on the Day appointed ; for thofe, who combine to fummons him to draw them, combine alfo to deprive him of the Power of fo doing, by refufing to let to hire any Horfes for that Purpofe : It alfo, fometimes happens, that they refufe him a convenient Place to draw them to, the Confe- quence in both Cafes is, that the Tythes are left in the Field, and then, we all know what becomes of them. The Minifter, having no Remedy at Law, is therefore compelled to compound for his Tythes at, perhaps, one fourth of their Value, if his Parifhoner hap- pens to prefer Intereft to Revenge -, if not, which is no rare cafe, he will not compound upon any Terms, and fo the Tythe is entirely wafted and lofl to both Parties alike. Thus, Sir, the Laws for the Maintenance of Minif- ters, with a View to eftabliOi the Principles and Practice of Charity, do, at prefent, dia- metrically counterad: their Intention ^ they are the Fountain of " Hatred, Malice, and all Uncharitablenefs," between thofe who ought to be conned:ed by more than common ' Philanthropy, by filial and parental Affec- tion, not " according to the Flefh but the Spirit," not founded upon temporal but e- ternal Things. I know it may be faid, and with So Debates relative to the [Day V, with great Reafon, and Truth, that Tythes will never be chearfully paid, till the Duty for which they are paid is performed ; till the Minifter maintains the Charadler of the good Shepherd among his Flock ; and no longer leaves them a Prey to the Wolf, or to the Fox : But, it is alfo true, that no Vir- tue, no Piety, no Benevolence, however ar- dent, uniform and exemplary, would, as the Law now ftands, always preferve that Union and Harmony, between a Minifter and his Parishioners, which is eflentially neceflary to anfwering, in any Degree, the important Pur- pofes of his Function : The Uncertainty and Defedtivenefs of the Law leaves room for Litigation, and every Litigation is founded, upon a Suppofition, that the Minifter exads more than his due j if the Suit is determin- ed in favour of the Minifter, the Evil does not ftop ; the Minds of both Parties have been too much enflamed, during the Conten- tion, to become cool when it is overj the Paridioner, though compelled to pay, will ftill want an inward Convid:ion, that the Law originally intended what it is now tortured to enforce; he will impute his ill Succefs to the Chicanery of the Courts, to the fupe- rior Influence of his Opponent, or to the Ig- norance, i DavV.] j4fairs of Ireland. 8i norance, or perhaps Perfidy, of the People, with whom he intrufted the Management of his Caufe ; the Minifter, having endured every outrage that the fuppofed Sufferer by extor^ tion could offer, will confider him as a ma- lignant and inveterate Enemy, whom nothing can reconcile,, and upon whom, therefore, all kindnefs and forbearance will be left : At the fame Time, he, who by his Poverty is ob^ jiged to pay, without Litigation, what ano- ther Litigates, will imagine that Advantage is taken off his Inability to defend his Right, to infringe it ; that he is opprelfed by an un- relenting Tyrant, who, under pretence of taking care of his Soul, is picking his Pocket, and making the Law itfelf an Inflrument of Cruelty and Injuftice : When once the Mi- nifler, and his Parifhoners, come to be diftin- guifhed by the unfriendly Appellations of Plaintiff and Defendant, or what is more hateful and bitter of Premovent and Repug- nant *, there is an end of Pafloral Affecftion, of Efteem and Friendfhip, of Reverence and Duty J to addrefs them as " dearly beloved * The Terms ufed for Plaintiff and Defendant in the Biftiop's Court. in 82 Debates relative tO the [Day V„ in the Lord," becomes a Mockery and a Prophanation, and, I think, we may fairly conclude, that where Charity is wanting, there can be no Religion that is profitable to Man, or pleafing to God. It is to Animofities thus raifed and fomented, that the late violent and unnatural Commotions are in a great mea- fure to be imputed ; the mere Payment, of what the Law clearly and indubitably appoint- ed, would never have raifed fuch a Ferment ; it was produced folely by a Malignity that was gradually encreafed by Difputation and Con- tefl ; the principle Objed: of the Aflbciation, and of the Oath by which it was bound, was, Grievancies fuppofed to be fufFered by the Act of the Clergy j and, having mentioned this popular Refentment againil: the Clergy, I mufl: add, from my own Knowledge, that the DIftrefs of the Clergy in the Diocefs of De7-r)\ the Infults, the Perfecution, the Cruel- ties that they fuffered, would have been car- ried to an Excefs fcarce to be parallelled in Hiftory, had they not taken Refuge in that true Afylum of Diftrefs, the glorious and ever memorable City of jDtvn',within whofe Walls no Treafon was ever fufFered to enter, and within the Breafts of whofe Inhabitants no Principle oflnjuftice, or Oppreffion, was ever known iJAvV.] Affairs of iK^hA-i^D. 83 known to lodge. At this critical Time, therefore, it feems to be the indifpenfable Duty of the Houfe, to think of fome Expe- dient, to put it in the Power of the Clergy, to fulfil the important Purpofes of their Calling, by removing all Temptations to Strife, and Debate, "and to flrike with theFift of Wick- ednefs ;" and this, I think, would effectual- ly be done, by enading fome plain, and ex- plicit Law, by which, the Requifition of Tythes fhould be made wholly the Ad: of the Legiflature, and not of the Miniiler ; by which his Allowance, from the ParifL, fhould be afcertained, beyond poffibility of doubt, and the Manner of paying it, fo determined, as to fecute the whole to him at all Events, and leave no Power, either to Cunning, or Malignity, to defeat him of his Right. I fliould think myfelf happy, if Gentlemen Ivould give their Opinion upon a Matter of fb great Importance, and, if any Perfon pre- fent has Objedlions, I fhall think myfelf greatly obliged to them, if they will afford mean Opportunity of attempting, at leaft, to remove them. G Mr J-^ 84 Debates relative to the [Day V, Mr y-- H— H— , P. S. Mr S , It gives me the greateft Pleafure to find that the Sentiments, and Opinions, exprefled by the R — t H — ble Member who Ipoke laft, are exadly the fame with my own 5 I am alfo happy that he has, in fo mafterly a Manner, anticipated all that I could have vviihed to fay upon the Subjed: ; he has left me nothing to do, but to bear my Teftimo- ny, that it is a Subject of the highefl na- tional Importance, and to rejoice, with every Friend to this Country, that it has fallen un- der the Confideration of a Gentleman, whofe Influence and Abilities are fo extenfive, and diftinguiflied. If I can give him any Affif- tance, in fo laudable an Undertaking, I fhall efteem it equally a Happinefs, and an Ho- nour } and, as it has been fome time the Ob- jed; of my Contemplation, I fliall watch for every Opportunity of fo doing, and improve fuch as offer, with the utmoft Diligence, and Alacrity. If I can add any thing to what the honourable Gentleman has already faid, it is with Refped: to the Combinations, that have lately Day v.] Affairs of iR-Ei.An'D] 85 lately been formed againft paying the Church Dues : Thefe Combinations, Sir, have been attended with Circumftances more terrible and alarming than is yet generally known ; I have, upon my Eftate, in the Diocefs of Waterford^ many Papifts, who are Tenants at will, and, whom, I can, confequently, dif- place, to their great Difadvantage, when ever I think fit. When I heard that thefe People were joining in a Combination againft the Minifter of the Parifli, I dired:ed my Agent to acquaint them, that, if they did join in fuch Combination, I would difmifs them ; they replied, that if I difmiiTed them, they could not help it, it would be a Misfortune, but it would flill be the leaft of two Evils -, for they had better be difmilTed than have their Throats cut, which would be the cer- tain Cdnfequence of refufing to concur in the Combination, I was folicitous to prevent. A Combination, Sir, into which Alfociates arc prefTed by the Fear of Death, and, in which, therefore, many violate the Peace of the State, contrary to their Inclination and Intereft, may in a fhort Time fubvert the Conftitution, and defeat all the Laws that have been enad:ed to prevent public Evils, acifing from the Growth of Popery. I am of Opirion, Sir, G 2 that 86 Debates 7'elative to the [Day V. that fuch a Law, as has been now recom- mended, would greatly tend to prevent thefe Combinations, by rendering them ineffectual, and by removing all Colourof Litigation, and Difpute. J, therefore, moft earneftly recom mend the Confideration of it to this Houfe and make this public Offer of fuch Service a IS in my Pov/er. i Mr R — F — faid, that there was nothing he more ardently widied, than to have the Bill propofed, properly drawn up, and paffed into a Law, and thought no way would be fo effectual for that Purpofe, as to appoint a Committee, in which, every one might give his Advice and Opinion. A Committee was appointed accordingly. Mr E M . MrS— , It will appear, by the Journals of this Houfe, that an Order was made on the 13 th of OBober^ for the deputy Clerk of the Rolls, to bring in the InroUments of the Patents, by which, the Offices of the Chancellor of the E;ichequer, Mafter of the Rolls, and Judgesy Day v.] Affairs o/' Ireland. 87 Judges, have been granted. But I obferved, that he has obeyed that Order only in part j having brought in no more than the InrolU ments of the laft Patents of the Mafter of the Rolls, and the Chancellor of the Exchequer ; as it may be fafely taken for granted, that no Arguments are necefiary, to prove that the Orders of this Houfe ought to be pundually and fully obeyed, I might, upon this Occa- iion, content mvfelf v^ith obfervino; the De- fault, and, requiring that it may be amended, but, becaufe, I would not appear critically to remark minute and trivial Negleds, I muft obferve, that this Order was evidently made, with a View to a very interefling and impor- tant Enquiry ^ an Enquiry, Sir, whether judicial Employments, of fuch Confequence to the Kingdom, can be granted for Life, con- iiflent with the Laws by which it is govern- ed, the leaft Violation of which may make way for a total Subverfion of our Conftitu- tion ; and, I muft freely declare it, as my Opinion, that, in order to determine this Queftion, and to difcover how, and, in what Inftances, the Grant of fuch Employments for Life is fupported by Precedent, all the Enroll- ments fmce the Revolution (hould be produc- ed ; I fay, fince the Revolution, Sir, and, I ^3 fo 88 Debates relative to the [Day V. fix that Period, becaufe, before the happy Event, which then took place, fcarce any regular SyHem of Government was eftablifli- ed in this Kingdom : Britip Monarchs did, in many Inftances, and in both Kingdoms, " what was right in their own Eyes," an Evil, which the Revolution was brought about to prevent, by giving that Order, and Stability, to our Conftitation, which, I am perfuaded, no Gentleman here would be willing to have inter- rupted or fhaken. I would not, however, antici- pate the Debate, which this Enquiry will necef- farily bring on, or prematurely throw out aSur- mife, that the Crown had adted with Impro- priety, or, even received erroneous Advice ; I think, however, that the Enquiry fliould be made, by confulting the Judges, the ableft Lawyers, and all the King's Servants, or ra- ther, by bringing it in a judicial Way into fomc of the Courts ; for Lawyers, confulted as to their private Opinion, may differ, and, we know, do differ, even when there are no Mo- tives of Interefl: to biafs their Determination ; but, in a public and folem.n Enquiry, a public and folemn Opinion will be obtained, in which, perhaps, thofe who differed before, may, either convinced by Argument, or influ- enced by Authority of fuperior Weight, con- cur j Day v.] Affairs of iR^LAiiD, 89 cur J and, give me leave to fay. Sir, that I think this Houfe would be highly Criminal, tacitly, and implicitly, to acquiefce in any Adt of the Crown, which might even be fufpecS- ed of Illegality, without fetting fuch an En- quiry on Foot, and availing itfelf of the Lights it would produce, and the Determina- tion in which it fhould ifTue. As to myfelf, I confofs, I am of Opinion, that the granting thefe Employments for Life, is illegal ; an O- pinion, in which, I know I am very far from being fingular -, this, however, I do not men- tion as being alone of any Weight to deter- mine the Queftion, but only as a Reafon for Enquiry, by proving a Difference of Judge- ment about it, and to put in a Claim, in be- half of myfelf, and thofe who concur in my Opinion, to our undoubted Right of having a proper and conftitutional Method taken, to confirm our Sentiment if true, and confute it if falfe. I therefore, as a previous Step, move, that the proper Officer may be direded to fulfil, what I take to be his firft Orders, which were to bring in all the Inrollments of the Patents of the Maflers of the Rolls, and Chancellors of the Exchequer, fince the Revolution. G4 Mr ^o Debates relative to the [Day V. Mr y- H— if-, P. S. Mr S , I do not get up, Sir, to oppofe what that v/orthy Gentleman has moved for, no Per- fon in this Houfe being more defirous to have its Orders fully and punctually obeyed, more zealous to facilitate a dnCi and impar- tial Enquiry into the Legality of every Ad: of the Crown, or, more truly follicitous to maintain the conftitutional Rights of this Nation, than myfelf j neither, Sir, do I rife up with any Defign to anticipate the Debate, on this important Affair, which muft take Place when the main Queftion comes regu- larly before us ; but, I get up to declare, that, in dired: Oppofition to his Opinion, I moft firmly believe, that, granting the Office of Chancellor of the Exchequer for Life, is neither illegal, nor unprecedented, as he has fupported : This difference of Opinion, how- ever, as he has juftly obferved, is the ftrong- eft Proof of the Expediency of an Enquiry^ and, that fuch an Enquiry may be properly made, I think the Officer ought, pundually, to fulfill his firfl Orders. I think, far- ther. Sir, that not only all the Enrollments, fince Day v.] Affairs of Ireland. yj iince the Revolution, ought to be laid before us, as necelTary to that Enquiry, but all the Inrollments, fince the A61 of Henry the Vllth, relative to judicial Employments ; for, 1 muft take upon me to fay. Sir, that Laws and Precedents, before the Revolution, have, and ought to have, their Force. It is true, indeed, that the Proceedings of the Crown, immediately before the Revolution, made a Revolution necelTary j and I glory and re- joice in the happy EfFe<5ts it prodyced : But, Sir, there were Periods before that Crifis, when our Government was in a refpedtable and honourable State ; and, though it has been juft faid, not to be the general Opinion, that the great Employments in queftion have been granted for Life, yet, I am not afliamed to repeat, once again, that, in my Opinion, it is legal fo to give them ; and, I know, that, in more Inftances than one, they have been fo given, fince the Statute oi Henry the Vlltb. " Ordered, that the proper Officer do obey his firft Order, and bring in all the Inroll- ments of the Patents, by which the Offices of the Chancellor of the Exchequer, Mailer pf the Rolls, and Judges;, have been granted." A Mo- 92 Debates relative to the Day V.] A Motion was then made by Mr R — L — , that an humble Addrefs be prefented to the Lord Lieutenant, that he will be pleafed to order the Report of his Majefty's Attorney and Sollicitor-General of this Kingdom, with Refpedt to the Legality of granting the Office of Chancellor of the Exchequer of this King- dom, for Life, to be laid before this Houfe. Mr J— H— H— , P. S. Mr S , I rife, up, Sir, to oppofe this Motion, which, I confider, as mofl improper and un- precedented, and pregnant with the moft pernicious Confequences. The Attorney and Sollicitor-General, Sir, are Servants to the Crown, and, it is their peculiar Office and Duty, to give the Crown Information, when confulted, concerning the Nature, Extent, and Operation of the Laws, according to which the Government of this Kingdom is admini- ftered ; this Information they are fworn to give faithfully, and, according to the Beft of their Judgment, fo as neither to infringe the Rights of the People, in favour of the Prero- gative Day v.] Affairs of Ireland. 93 gative, nor the Prerogative in favour of the People ; and vt^hat Right, Sir, have we to re- quire their Opinion to be laid before us ? It is given, in Confidence and Secrecy, to the Crown, by its own Servants, and is that very Service which they are appointed to perform : It is given, alfo, under the Sandion of an Oath, and what other Security will the Na- ture of the thing admit ? If the Opinion, given by thefe Gentlemen to the Crown, was liable to be canvafTed in this Houfe, and to be made the Subjecfl of Debate and Conjecture, perhaps of Cenfure and Invedlive, the Confi- dence and Secrecy, under which it is given, would be deftroyed, and they would find themfelves under fuch Infiuence, and in fuch a Situation, as would almofl, unavoidably, prevent that perfect Freedom, which, it is ab- folutely necefTary always to preferve and en- courage, in order to enable them to fulfill the Duty of their Office. But, Sir, I will venture to go ftill farther : I will fuppofe, that we had fufficient Reafon to conclude, that they had given an erroneous Opinion, and, even that they had willfully violated their Confcience, their Judgments, and their Oaths, in order to gratify fome illegal Defire, and jufi:ify fome illegal Meafure, with a View to recommend them- 94 Debates relative to the [Day V. themfelves, by fo doing, to 'he Fountain of Honour and Preferment : 1 fav, Sir, that, e- ven upon this Suppolition, we fhouid have no Right to require them to criminate them- feh^es, by producing fuch Opinion to this Houfe > I fay, themfelves, Sir, for, I confider the Crown, and its Servants, as one ; and, I will venture to fay, that no Inftance can be produced, in which fuch Requifition was made, even in Times, when, \ :rhaps, the Rules of Justice were not fo clofely adhered to as they ought. Beiides, Sir, what is now moved for, is abfurd ; and, for that Reafon alone, if tiiere was no other, I would oppofe it; to what. Sir, does our Enquiry tend? We are to judge the fame Queftion, which has been put to the Attorney and Sollicitor- General, we are not to judge them for judg- ing it ; and we are to determine, Sir, accord- ing to our Senfe of the lew, according to in- dubitable Precedent, and according to our own Information, and not according to the Opinion of Lawyers, of whatPvank, or Ability foever ; I Hiall, therefore, give my Voice a- gainft the Motion as unprecedented, and, in every Refpccft, improper. Mr Day v.] ^J^airs of Ireland, 95 Mr £— ikf— . MrS , *' That the King can do no Wrong,'* is a Maxim well known, and, I believe, generally allowed ; but. Sir, I cannot fufficiently ex- prefs my Surprize and Concern, at hearing Opinions advanced, in this Houfe, from which it muft neceflarily follow, that the King's Minifters, or Servants, can do no Wrong. We have been told. Sir, that the King and his Servants are one, and, that we have no Right to addrefs the King to ac- quaint us with the Advice given to him by his Servants, upon the Principle, that no Man is to be required to criminate himfelf ; but this Dodlrine, Sir, has the common Fate of Error and Fallacy, it overturns the very Principle it would eftablifh ; that the King can do Wrong is true only upon a Suppofition that his Servants may j and that they may be called to an Account for fo doing : If they cannot be called to an Account for doing. Wrong, it is of very little Confequence to us, whether their being liable to do Wrong is al- lowed or denied. What is it to us, whether they 96 Debates relative to the [Day V. they can, or cannot do Wrong, if, when it is allowed they do Wrong, we have no Reme- dy ? And how are we to have this Remedy, Sir, but by addreffing his Majefty, upon any wrong or doubtful Meafure, to know what Advice was given him concerning it, and who was the Advifer ? Gentlemen have talked much of Precedents in this Houfe, and have very j'jftly fuppofed that Precedent im- plies a Right, and confirms it j and, if fo, I am fure we have moft abundant Proof that this Houfe has a Right to addrefs the Crown, to do, what is called criminating its Servants, and that the Crown has complied with fuch Addrefs. We have Precedents, Sir, enough, upon Record, of corrupt Advifers of Kings, who have betrayed the public Caufe, being given up to public Juftice ; and, are we now to condemn all thefe Precedents at once ? to explode the Principle upon which they were formed, and renounce the falutaryEffeds they produced, by fuppofing, that the Crown and its Servants are one, and, that when thefe Servants are perfidious, and betray their royal Mafler's higheft Intereft, by betraying that of his People, he cannot be addrefifed to difclofe their Advice, becaufe a Man ought not to be required to criminate himfelfl I fay, Sir> Day v.] Affairs i?/' Ireland. 97 Sir, to difclofe their Advice, for, to favour the Suppofition that the King can do no Wrong, he is fuppofed only to carry the Advice of others into Execution ; the Servants of the Crown are anfwerable for every illegal or un- conflitutional Adt that palTes the great Seal -, yet the Ad: is not theirs, the Signature that makes it valid is not theirs, and the Order for paffing it is not theirs ; all thefe Adts are the Ads of the Crov/n ; for v^hat, then, is the Servant, or Minifter, anfwerable but for his Advice, vs^ithout which thefe Ads would never have been done ? And how are we to acquire an Ability to judge of this Advice, but by addreffing the Crown to lay it before us, with all that has any immediate Relation to it ? I will venture to fay. Sir, that thus to addrefs the Crown is not only our Right, but our Duty and our Intereft ; and it is alfo the Intereft of the Crown to comply with fuch Addrefs : If its Servants have been faith- ful, the more ftrid the Examination of their Condud, the more Honour they will ac- quire ; if they have not, it will be equally dangerous both to the Crown, and to the Conftitution, to fcreen them. It has been faid. Sir, that if the Advifers of the Crown were to give their Opinion, under a Senfe of their 8 Debates relative to the [Day V. their being liable to have it canvaffed in this Houfe, they would not be able to give it free- ly : I confefs, Sir, this is the firll Time I ever heard it advanced, that, throv/ing a Weight only into one Scale, was a likelyj Way to hold the Balance in Equilibrio ; what' is fo likely to prevent a corrupt Minifter from wronging his Judgment, and his Confci- ence, to gratify fome unconftitutional Furpofe in the Crown, as the Profpedt of being made anhverable for his Perfidy, and fubjecftcd to an Enquiry of this Houfe ? If, indeed, by free, Gentlemen mean an Exemption from all Ties, that reftrain Men from doing Evil, I will allow, that the Counceilors of the Crown v^^ill be lefs/m', under the Profoed; of a parliamentary Enquiry, than otherwife j but, 1 believe, no Gentleman prefent will be an Advocate forfuch Liberty, either in them, or in any other Member of civil Society j to bring my Reafoning home. Sir, to the Cafe in QuelHon, I fay, that the Chanceliorlhip of the Exchequer is an Employment of the highefl national Importance, that your Predeceifor in that Chair enjoy'd it many Years with the greatefl Honour, that it is now granted for Life, and, that if fuch Grant fliould appear to be contrary to Law, it is fuch an Innovation of our JDay v.] Affairs in Ireland.' 99 our Rights as thofe who advifed it ought to be impeached for : Though I have mentioned only the Poft of Chancellor of the Exchequer, I would not be thought to except that of Mafter of the Rolls, yet, by nam-' ing thofe Offices, I mean nothing perfonally againfl either of the worthy Gentlemen who fill them ; I mean, only, that, what they en^ joy worthily, they fliould enjoy legally j and, that, while we are adorning the Super- ftrud:ure of our Conftitution, we {hould not fubvert the Foundation. I am perfuaded, Sir, that there are many Inftances of Impeach- ment parallel to this ; Lord SomerSy Sir, was impeached for the Advice he gave, with R^- fpedt to the Partition Treaty ; others might eafily be named, but, not to deviate farther from the Point immediately in View, I mud declare myfelf an Advocate for the Motion. The R-t H— ble F— A--. MrS , I am, abfolutely, overwhelmed with Aflo- niflimcnt, to hear any Gentleman talk of im- peaching two of the King's Servants, for giv- ing their Opinion, to the beft of their Judg- ment, upon Oath i I fay, to the beft of their H Judg- I GO Debates relative to the [Day V. Judgment, for fo we muft fuppofe their Opi- nion to be, and are bound to ad: according to that Suppofition 3 the Proof of the con- trary, with Refpedt to Advice, properly fo called, to do, or not to do, any certain A(5l in fufpence, being impoffible, before any Judicature but that of him whofe Preroga- tive it is to fearch the Heart : *' The Tree may be known by its Fruit ;" and, a bad In- tention may, in many Cafes, be certainly, and therefore fairly inferred, from Advice to a bad Adt : The Ad, therefore, advifed to be j done, is the proper Subjed of Examination ; but, if Gentlemen would not fuffer their Zeal to out-run their Judgment, they would fee, that, in the Cafe before us, there is no fuch Thing as Advice ; there is no Ad performed by the Parties, of which we can take Cog- nizance, becaufe there is no Ad performed, concerning which we can poffibly determine, whether, with Refpcd to the Agent, it is good or bad. The Opinion of the Attorney, and Sollicitor-General, Sir, which Gentle- men have affeded to call Advice, is given, upon a Qu^cftion relative to what is, and not to what 7?ia)\ or JJj all be. It relates, Sir, to the Tenor and Effed of Laws now in force among us, and which have long been foj Day v.] y^Jhirs of Ireland^ ioi fo ; and, are the Attorney and Sollicitor-Ge- neral, Sir, anfwerable for what thofe Laws enable the Crown to do ? or, for what the Crown may do, upon a Suppofition that it ex- erts no Power, but fuch as thefe Laws give ? The Attorney, and SoUicitor-General, Sir, are, in this Cafe, anfwerable only for their Inte- grity, and, even for their Integrity, they are anfwerable only to God, as God only can know whether they are, or are not, fincere : As to the Cafe of Lord Somers, I can fcarce perfuade myfelf that Gentlemen are ferious, when they mention it as parallel to that in queftion : Lord Somers advifed the doing a certain A(fl, which was, then, a Contingency. The Attorney and SoUicitor-General advife no Acfl, but merely give an Opinion, with Refped to what is, or is not, right by Laws actually in being. If this is Advice, Sir, a Man may juftly be called an Advifer, who tells another, according to the beft of his Knowledge, the Hour of the Day ; in fhort. Sir, there is as much Difference between the Cafe of Lord Somers^ who advifed the Partition Treaty, and, that of the Attorney and Solli- citor- General, who give their Sentiments, on ft Point of Law, as, between giving a Man my Ppinion of the Weather, and, advifing H 2 Jiim I02 Debates relative to the [DayV. him to take a Journey. Befides, Sir, the conferring any Favour upon an Individual, is a Thing of fo private a Nature — ^ Mr E M — . So private a Nature ! It amazes me, Sir, to hear that Right Honourable Gen- man, who w^as once fo great an Honour and Ornament to the Law, make Ufe of that Ex- preffion ; though the Object of the King's Favour be an Individual, yet the Favour conferred is fuch as interefts the Public in the higheft Degree j it is one of the firft Offices in the Kingdom, and, the Power it confers, may be fo exerted, as to be of the moft fatal Confequence to the Public j but, waving this, Sir, the great Queftion is, whether the giving this Office for Life, be it important, or be it trivial, is not an Infringement of the Law ? If it is not, whatever Danger may be incurred by it, it behoves us to fubmit ; but if it is, I hope no Gentleman here will think of implicitly acquiefcing in it, under a No- tion of its being of a private Nature, Mr. DaV v.] Affairs of Ireland. 103 Mr JV^ H^. MrS , I am under very great Obligations to the honourable Gentleman, who fits on the op- pofite Bench, for confirming my Sentiments, by declaring his own to be the famej and I alTure you, Sir, that it has given me the high- eft Opinion of his Judgment, which I fhall for ever honour and refpeft. My Senti- ment, Sir, which has had the Honour of be- ing thus confirmed, is, that Lawyers ^0, and that they Jhould differ, in Opinions, upon Points of Law 5 I think, alfo, that it is very proper for Lawyers, upon fome Occafions, not only to differ from one another, but from themfelves ; I believe there are many Gen- tlemen prefent, who have found the Advan- tage of it. If all Lawyers were to be of the fame Opinion, what Subjeds could there be for Litigation ? If there were no Subjed:s for Litigation, there would very foon be no Lawyers ; and, if there were no Lawyers, what would People do for Advice, and, to whom could even the Crown have applied upon the great and momentous Occafion that we are now confidering ? And, Sir, if the H 3 iame 104 Debates relative to the [Day V. fame Lawyer's Opinion was always to be the fame in an Afternoon, as in a Morning, to what Purpofe would Recourfe be had to any of thofe cogent Arguments, which are now known to alter it ? all Rhetoric, Sir, the mofl powerful Rhetoric would be ufelefs, and that which could never be ufed would never be acquired y we fhould ftagnate in Stupefadlion and Inactivity, for want of Motives to adt and to think; fo that nothing lefs could happen from ''all Lawyers thinking like each other, and, from the fame Lawyers always thinking alike, than what Gentlemen feem to have in- ferred from much lefs Injury offered to the Law, the total Subverfion of our Conftituti- on, and Ruin of the State. I cannot fuffici- ently admire and commend my worthy Friend's Opinion, that my Brethren of the Law ought always to be confulted, efpecially upon important and public Occafions j it is an Opinion from which great and manifeil Advantages will refult, if it fliould be adopt- ed ; and, I cannot but congratulate with my Brethren, that it is adopted in a very confide- rable Degree already. There are knotty Points, which, even thofe auguft Fti fonages, the Lords, to whom we, in this J j'a-ci Houfe, 'look up with an humble Senfe of our Inferi- ority^ Day v.] Affairs of Ivi'E.LAiiY). 105 ority, may, poffibly, find it fomething diffi- cult to difcufs ; they have, therefore, as it is very fit and becoming that they (liould, the Prime of our Lawyers for their Councellors ; the Lawyer of a Lord, Sir, (hould not cer- tainly be lefs than a Judge ; and, according- -ly, we fee that our learned Judges, feated on the foft Wool Pack, and diftinguifl:ied by the fcarlet Robe, arc always at Hand, in their Houfe, to be occafionally confulted by them, to fave them the Labour of thinking, which is, certainly, beneath the Dignity of Perfona- ges, fo fublime and auguft. If it is fit, as my worthy Friend has advanced, and, as I hearti- ly agree, that Lawyers ought always to be confulted, it is fit that we fliould have our Lawyers too, and, it gives me great Pleafure to fee that we are not without them ; look which Way I will, fome of the learned Body are flill in my Eye ; and, this, being the Cafe, what need have we to look abroad ? It would neither do us, nor our Lawyers Cre- dit, to have Confultations, without Doors, to explain or determine what they are expell- ed to explain, and we are to determine with- in. I humbly conceive. Sir, that this Affair, great, and folemn, and momentous, as it i?, may maintain its Dignity in Parliament, as^ H 4 well io6 Debates relative to the [Day V, well as In a Court of Law ; and be as fkill- fully difcufled, and as wifely determined. As to the laying the written Opinion of the Attorney, and Sollicitor-General, before the Houfc, I confefs, I do not fee what End it will anfwer. I have heard of a mechanical Philofopher, who, having fpent many Years in the Difcovery of the perpetual Motion, at laft invented a Machine, confifting of a great Variety of Wheels, Levers, Pullies, and other Powers, which would draw a Cork out of a Bottle, very nearly as well as a Cork-Screw;- We have the Attorney and Sollicitor-General here with us, and, inftead of the round about Way of addreffing to have the Opinion they wereof fome time ago, laid before us, inftead of ha\ing Recourfe to the Machine with Wheels, and Levers, and Pullies, let us afk them their Opinions at once, and draw the Cork out of the Bottle ourfelves. There are, to be fure, many Objedions againft examining Perfon$ *viva voce. A worthy Gentleman, at the Bar, once told a Judge, that he had no lefs than twenty fuch Objections j and, being allowed to declare them, he faid, that the firft was, that the Man was dead. This was allowed to be fatisfadtory, and the other nineteen were p.ot required. What they were, I cannot take Day V.J u^Jah's of i^EL AND. 107 take upon me to fay, but, Sir, as the Gentle- men, whofe Opinion we defire to know, are not only living, but prefent, and able, and wil- ling, to give the Satisfaction required, 1 do not think any one of the twenty Objedtionsi whatever they were, can be fupported againft them. What their Opinion was, I cannot tell, and, if I could, I might be equally at a Lofs to know what their Opinion is ; as the Gentlemen, therefore, are ready to anfwer for themfelves, I muft, with the greateft Defe^ rence to the Opinion of my worthy Friend, declare myfelf againft the Motion. Jit palled in the Negative, y^ to 32, SATUR- io8 Debates relative to the [Day VI. SATURDAY, 0^.29, 1763. SIXTH DAY. Mr y-^H—H-^, P. S. MrS , AS it is of the higheft Importance, to prevent the Monopoly of Coals in this City, and the Extortion which a Monopoly never fails to produce, and, as an Adt was palTed laft Seffions for this Purpofe, I think it is very proper, that we (hould enquire how far that Adl has been effedual, in order to continue it, or amend it, as fliall appear to be hecefTary ; and, I hope the worthy Gentle- men, who, by that Ad:, were appointed to carry it into Execution, will not think it amifs, that it fhould be the Defire of this Houfe, that they fliould attend, to give what Infor- mation they can upon the Subjedl, and in- form the Houfe, in what manner they have fulfilled the Trufl: repofed in them. I, there- fore, beg leave to move, that a Committee may be appointed to take into Confideration, aq DavVL] ^fairs o/lRELAViD. tog an A(5t to prevent the exceflive Price of Coals, in the City of Dublin^ and, whether the faid A61 is proper to be continued, and, whether any, and what Amendments be neceffary, to be made therein j as alfo, to enquire into the •Condud of the Officers, intruded with the Execution of the faid A6t. It was then moved, that the Call of the Houfe, which, by Order, now ftands for next Monday^ be adjourned till Tuefday^ the Day following. To this, Mr H — F — obje6led, and faid, that he believed it was underftood, that the very interefting and important Quefiion, con- cerning the Peniions, was to come on, when the Call iliould take Place, and, he was both againft deferring it, and lofing a Day ; he obferved, that the Houfe fat but fix Months in two Years, a fpace of Time, which, if every Hour of it was employed, in the Bufi- nefs of the Nation, would belittle enough to do it with the Deliberation and Attention it required, and, that, as a great Encroachment had already been made upon that Time, by late Meetings, and RecelTcs, he was unwillii\^ that no Debates relative to the [Day VL that another Day fhould be loft j he faid, he feared allb, that it might be made a Prece- dent to lop off a fixth Part of the Time, that it was their Intereft, as well as Duty, to im- prove, which was his principal Reafon againft it, and that to the Motion, fimply confidered, he thought it fcarcely worth while to ob- jed. MON. Day VII.] Jf air so/ Ireland, m MONDAY, Nov, i, 1763. SEVENTH DAY. TH E R— t H— ble Mr J5— B— pre- fented a Petition of Henry Cottingham^ and Jafnes Ki?ig, of the City oi Dublin^ Mer- cers, fetting forth the LolTes by them fuftain- cd, by the Journeymen Weavers, and Ap- prentices, of the City and Liberties, by cutting to Pieces many rich and beautiful Silks, and Velvets, then in the Looms of the Petitioners, and the Materials, Tackle, and Silk prepared for carrying on a Silk and Velvet Manufac- ture, all the Property of the Petitioners 5 and that the faid mifguided People (become fen- iible of their Injuftice to the Petitioners, and of the great Injury and Damage they have brought upon themfelves and their Country) have requefted the Petitioners, to improve, and advance the Silk Manufadure Q>i Ireland-, which, the Petitioners, from their heavy Lof- fes, are unable to do without the Aid of Par- liament 3 and praying Relief. ThQ 112 Debates relative to the [Day VII. The Petition being read, Mr B — moved, that it might be referred to the Conlideration of a Committee, and, he was feconded by Mr J— G— , the S. G. as follows : . ■ I Mr S— , As to the Allecrations of the Petition, which the R — t H— ble Member has propofed to ' refer to the Committee, they are certainly the i proper Objcdis of the Enquiry of that Com- * mittee, as they relate particularly to the Pe- titioners, but, as they are of a Nature that deeply affedls the public Peace and Security, repugnant to all Duty, and fubverlive of all Order, they deferve the moft ferious and fo- lemn A'^ention of this Houfe. It appears, by the Petition, that the treafonable Infurrec- tion?, which have fo frequently, of late, inter- rupted the public Tranquillity in remote Parts of the Kingdom, have now reached the Capital J infulted public Juflice on her Seat and fliaken the Government at its Centre j we are now called upon, not only to redrefs a private Wrong, but to aflert the Caufe of an injured Nation : Not to reprefs the Violence ' here, by fome fignal Exertion of Legillative Au- Day VII.] y^ffatrs of Ireia-^d. 113 Authority, would be to encourage it elfe- where, for what will the Infurgents of remote Provinces conclude from the Impunity of thofe at the Metropolis, but, that the Go- vernment, confcious of its own Weaknefs, has furrendered at Difcrction, and given up the common Rights and Privileges, which it could no longer defend, to the Mercy of a diiTolute and outrageous Rabble ? That I may not be thought to aggravate the Evil, by a rhetorical Difplay of imaginary Guilt, and imaginary Confequences, I will take the Li- berty, Sir, to give you a plain Narrative of the Fadt. A confiderable Dealer in this City, who not only carries on a very extenfive home Manufa6lury, but a refpedlable fo- reign Commerce, thought proper to import a large Quantity of French Silks, whether, as Patterns for weaving Silks here, or for Sale, it matters not -, the Importation, with either View, is equally lawful ; upon this, a Num- ber of Manufadurers, taking it into their Heads to prohibit, as a private Injury to them- felves, what the Law allows as a national Be- nefit, ^got together in a riotous Band, armed themfelves in a hoftile Manner, and, profef- fing no lefs than Robbery, and Murder, befet the honeft Trader's Houfe, demanded, that 114 Debates relative to the [Day VIL he fliould be delivered up to death, and, that his Silks, both thofe imported, and in the Loom, fhould be put into their Pofleffi- on 5 when thefe Proceedings were oppofed by a legal Force, under proper Officers, they flew in the Face of Juflice, openly defied Au- thority, and, having overpowered the Magif- trate, and his Affiftants, they periifted in their Violence, to the Affright, and Confufion of the whole City : It has been obferved, that in the Apparatus of Death there is more Terror than in Death itfelf ; thefe Wretches, therefore, that the Murder they were pre- pared to perpetrate, might lofe none of its Effe6l, carried a Coffin in Froceffion to the Houfe of the Victim they had fingled out, fwearing, with horrid Imprecations, that they would carry off his dead Body in it : It hap- pened, however, that he effed:ually fecreted himfelf from their Fury, till it, in fome De- gree, fubfided, but, they forced him to ratify fuch Conditions as they thought fit to di(flate, by the moft folemn Oaths j yet this, what- ever Security they might think it, for his Be- haviour in the Time to come, did not fatisfy their Revenge for what was paft ; they, there- fore, broke violently into his Work-fhop, and War^houfes, cut great Quantities of valuable Day VII.] Affairs of Ikela^b. ii^ and beautiful Silk and Velvet to pieces, broke his Looms, and, either, ftole or deftroyed whatever elfe they could lay their Hands upon. While this was doing, the unhappy Vidim, his Family, and his Friends, were in an Agony -of Confternation and Terror ; the City itfelf was flruck with a Panic, and no Man knew where the Violence might flop. It is a dreadful thing, Sir, for a licentious Rabble to wreft the Sword out of the Hands of Juftice, and to enforce, with Tumult, and Violence, the Execution of Laws which they apprehend to be eluded ; but, it is an Evil that admits of no Aggravation, for them to impofe Laws of their own, in Oppolition to thofe of the State ; and, invade, not only Property, but Life,, when they happen capricioufly, to difapprove the Conduct of thofe, by whom, they do not fo much as pretend any Law has been broken. I fay. Sir, this is a Crime, which, with Re- fpedt to itfelf, can admit of no Aggravation, but with Refped: to the Criminals, it may j if it appears to be committed not by the Ig- norant and Thoughtlefs, but by the Knowing and Confiderate ; not by the Obfcure and Indi- gent, but by thofe, whofe Station and Pro- perty give Influence to their Example j not by thofe who are in a fubordinate and fervile I State, 1 1 6 Debater relathe to the [Day Vlt. State, but by " thofe that are put in Autho- rity over them,'* how does the Guilt accu- mulate upon their Heads, and, of how much feverer Punifliment arc they worthy ? I am forry to fay, Sir, that this Guilt has been ac- cumulated, and this Punifhment deferved in the Cafe before us : My particular Situation, Sir, has acquainted me with the whole of this Tranfaftion, from its firft Caufe, to its laft Effedts, and, I find myfelf, with inex- prefTible Regret, obhged to declare, that it appears with the flrongefl Evidence, upon various Examinations, that the Perfons, who gave rife to it, are no other, than the Mafter and Wardens of the Corporation of Weavers, and, that the poor deluded Wretches, who, adually did the Mifchief, were fpirited up by them, a(5led under their Influence, and were little more than the Inftruments of their Wickednefs j yes. Sir, the Mafter and War- dens of that Corporation, who are intrufted by their Charter, with a very confiderable Power, in confidence that they would ufe it for the Regulation, and good Government of its Members, have, in that very Hall, and in thofe very Seat^, where, they ought to have exerted themfelves "as a Terror to evil doers, and, a Reward to thofe who do well," per- verted I Day VII,] Jf airs of Ireland^ ii^ verted their Inftltutlon, and abufed their Power, to the worft of all Purpofes, by redu- cing the Poor, and the Dependant, to Tu- mult and Rapine, Violence and Murder, the Ruin of Innocence, and the Subverfion of Go- vernment. It appears amongft other Things, that the Mafter of the Corporation actually fent AmbafTadors on behalf of the Infurgents^ to Mr Cottingham^ in order to bring him into a Capitulation with them, and prevail upon him, to give up the offending Silks, to be burnt, in compliance with their Demands, infinuating, that there were no other Means to prevent more fatal Confequences ; upon thefe Fadts I fhall make no Comment, as, I am perfuaded, no Comment is neceffary -, the Expediency of taking the mofl: effectual Mea- fures, to prevent fuch rebellious Infurredtions, for the future, is felf-evident, as they ftrike, I had almofl: faid, at the very Exiilence of our Conftitution ; if I have trefpaffed long upon your Time, by an Endeavour to point out the Evils, that call aloud for a Remedy, in their moft ftriking Colours, I flatter myfelf, that I (hall be excufed, without an Apology, as I had no View in difplaying the Malignancy of the Difeafe, but, that the Method of Cure might be vigorous and fpeedy. As the End I 2 of T i8 Debates relathe to the [Day VII. of War is Peace, (o the End of Juftice is Mer- cy : Whatever Punifhment deters from Vice, prevents Mifery j and, I am fure, I cannot more eflTcdiually exert my Benevo- lence, than by calling out the Terrors of the Law, againft Pradtices which cut off Reward from Labour, and Security from Innocence ; which, corrupt Poverty into Wickednefs, and endanger the Vitals of the Conftitution, by fpreading a Gangrene in its Members. The R— t H— ble P— A— then got up, and exprelTed his perfedl Agreement with the learned and worthy Member that fpoke laft, with Refpe6t to the Neceflity of putting a flop, immediately, to the unbounded Licen- tioufnefs of the lower Clafs of People j a Li- centioufnefs, which, he obferved, was fo dif- ferent from the true Spirit of Liberty, that it was impoffible they fhould fubfift together ; he faid, alfo, that he could not, but greatly admire his pathetic, and animated Defcription of the Enormities of which he complained, and the various DiftrefTes, which they pro- duced : But, he faid, he hoped to be excuf- ed, for differing a little from him, as he could not lay the Riot, wholly, to the Chaige of his BrethreUy the Weavers ; (this caufed a great Laugh, Dav Vri.] j^jYiirs of Ireland, ug Laugh, as he had juft been complimented with the Freedom of their Company) but, was rather of Opinion, that it was raifed, and carried on, by their Journeymen and Appren- tices ; efpecially, as they frequently entered into Combinations agai ifl their Mafters them- felves, demanding, in a clamorous and tu- multous Manner, fometimes, the raifing their Wages, and, fometimes, the fhortening their Hours of Work. Mr y- H— ^-, P. S. MrS , - I rife up to give my Opinion, that the Allegations of the Petition are an Objedl high- ly worthy of a parliamentary Enquiry ; and, that as two worthy Members of Society have greatly, and moft unjuftly, fuffered by the il- legal Proceedings of an enraged Mob, to the great Injury of a Manufadure, which they were carrying on, very much for the Benefit of the Nation, it is but juft, that they fliould be redreired,as well, upon their own Account, as upon that of the Public ; I was alfo, the more ready to rife, on this Occafion, as, I over heard fome Gentlemen near me, make I 3 an 120 Debates relative to the [Day VJI, an Obje<5tion to the Petition, which it is in my Power to remove j they faid, that a Peti^ tion of this Kind was a Novelty, andunfup- ported by Precedent; but this is by no means the Fad, for, I remember, among other Inftances, a parallel Cafe, that happened in a neighbouring Kingdom, in the Year 171 5 ; At that Time there were great Riots among the Woollen Manufadurers, and great Da- mage was done, upon which the Sufferers applied to Parliament, and a Compenfation was allowed them of above five thoufand Pounds ; and, now, that my Endeavours may not be wanting, to continue the good Hu- mour, which was raifed by the worthy Gen- tleman who fpoke laft, and, that Gentlemen may have their laugh out, which, my getting up interrupted, I muft fay, that the Weavers are my Brethren too, and that, I am very wil- ling to hope, they are not fo culpable as the worthy Gentleman, who feconded the Mo- tion, feems to think them ; I am perfuaded, that he fpeaks from the Convidion he has received by the Examination, but, perhaps, he has feen the Examinations only of one Side, and that Story which is good till ano- ther is told, is not always fo afterwards. As So the Mailer and Wardpns of the Company, I have Day VII.] Affairs of Ireland, i2r I have frequently converfed with them upon the Subject ; and, if they are not the greatefl: Hypocrites, as well as the wickedefl: Men in the World, they are wholly Innocent in this Affair ; for they have afferted their Innocence with the mofl folemn and repeated Aflevera- tions. Mr 7— G— , S. G. in a fhort Reply, gave fome farther Reafons, why he believed the Mafter and Wardens of the Corporation, to have been effentially, and originally, concern- ed in the Riot : And Mr C — C — , made a (hort Speech, with a View to palliate what had been advanced againfl the Mafter Wea- vers, and to throw the whole Blame upon their Journeymen. 1 4 TUBS. 122 Debates relative to the [Day VIII. TUESDAY, Nov. 2, 1763. EIGHTH DAY. The R-t H— ble F- A—. MrS — ^, I Have, in my Hand, a Petition, figned by the Mayor, Corporation, and principal Inhabitants of the City of hondonderry ; it has always been held. Sir, that the rewarding eminent Merit, in particulars, is a general Benefit, by flimulating others to Emulation, and exciting them to the fame Defert, by hopes of the fame Advantage. I, therefore, flatter myfelf, that I fhall not be thought un- neceflarily to take up your Time, by faying a few Words in favour of your prefent Peti- tioners. If this Nation had been fo happy as to have its Hiftory written by any Au- thor of Abilities equal to the Work, the Adlions of the Citizens of Derry^ would have furnrflied its moft fhining Paffages; PafTages, which would have embellillied the moft il- luftrious Hifiory, 'and highly honoured the moft heroic Nation. The want of fuch Hif- torians. DayVUI.] Affairs of Ireland. 123 torians, is, indeed, the lefs to be regretted, as we have the moft authentic Records of fuch Loyalty, Magnanimity, and public Spirit, in that antient, proteftant, and unconquered City, as would {hake the Credit of any Hiflorian, however eminent for Impartiality and Truth, if they depended merely upon his Teftimony. The Records I mean, Sir, are the Journals of this Houfe, and of the Commons in Eng- la?id J you will there find the Citizens ofDer- rjy fupporting the Laws, the Religion, and the Liberty of their Country, in defiance ofall the Miferies, that the Cruelty of War, aggra- vated by the fanguinary Rage of Bigotry, and Superftition, could bring upon them ; to fay, that they gave their Lives a Ranfom for the Bleffings, which their Pofterity enjoy, is to wrong them of more than half their Praife, if we do not confider the Manner, in which it was paid ; the Pompof War,and the Sound of the Trumpet, awake in almoft every Mind a fudden and tumultuous Courage, which, rather overlooks Danger, than defies it ; and, rather fufpends our Attention to Life, than reconciles us to the Lofs of it ; the Soldier ruflies forward with Impetuoiity, and, when he hears the Thunder of the Battle, can glory in the Elation of his Mind ; but when Death ap- 124 Debates relative to the [Day VIII. approaches, with a flow and filent Pace, when he is feen at leifure, and, contemplat- ed in all his Terrors, the Spirits fhrink back to the Heart, the Love of Fame, and, even the Hope of Heaven is chilled within us, and the Man at once prevails, not over the Hero only, but the Saint. Of the few, that, in this Hour of Horror, have furmounted the Senfe of their own Condition, who is he that has looked with the fame Equanimity upon the Partner of his Fortune, and the Pledges of his Love ? When a Wife, or a Child, has been a Hoftage, and the Tyrant's Dagger has been lifted to their Breaft, how has the Hero and the Patriot melted in the Hufband and the Father! By what Name, then, fhall we dif- tinguifh the Virtue of the Citizens of Derry, who did not rufh upon Death for their Country, in the momentary Ardor of fudden Conteft, in the Pomp and Tumult of the Field of Bat- tle, but waited his deliberate, though irrefifta- ble approach, (liut up within their own Walls, in the gloomy Receffes of Sicknefs and Famine j and who, while they felt the Pangs of Hunger, undermining Life in themfelves, beheld, alfo, its deftrudive Influence in thofe whofe Lives were ftill dearer than their own ; who heard the faltering Voice of helplefs In- fancy Day VIII.] Affairs of IscELA^n, 125 fancy complain, till the Sounds, at laft, died upon the Tongue ; and, who faw the languid Eye of fainting Beauty exprefs what no Lan- guage could utter, till it was clofed in Death I In this Trial to (land firm, in this Conflict to be more than Conquerors, was it not, alfo, to be more than Men ! To have been the Birth-Place, or the Refidence of one fuch Hero, would have fired a thoufand Cities with Envy, and have rendered the meanefl Hamlet illuftrious for everj what, then, is JDerry^ whofe whole Inhabitants were anima^ ted by this divine Virtue, like a common Soul ! Nor is it ftrange, that their Pofterity Should be ftill diftinguidied by the fame Spi- rit J for, how is it poffible they fliould hear the Recital of thefe Wonders, and enjoy the Benefits they procured, without glowing at once with Gratitude and Emulation : Their Virtue, from whatever Caufe, has been long hereditary already. In the Civil Wars of 1 64 1, Derry was the impregnable City, which baffled all the Force of the Rebels, to the Encouragement and Support of the whole North of Ireland. In the glorious Revoluti- on of 1688, a Crifis, perhaps, the mofl im- portant that ever happened in any Age, or a- py Country, Derry flood forth the Bulwark .of 126 Debates relative to the [Day VIII. of the Laws, Religion, and Liberty, of this Nation ; to Derry we all owe, in a great Meafurc, the ample and peaceable Pofleffion of them in which we are happy at this Day ; and, how Derry behaved, daring the late In- furrecflions, we need not be told. A Series of Acknowledgments and Thanks, recorded in the Journals of this Houfe, from its firft Inftitution, to the prefent Time, are, at once, the moft authentic Teftimony of the diftin- guiihed Merit of this City, and its moft glori- ous and permanent Reward. But, though all private Encomium may be precluded, as an Honour to Derry ^ it may, perhaps, be indul- ged as a Pleafure to me, and, let me add, to thofe, alfo, before whom I fpeak ; for, I am confident, that, among all who hear me, there is not one, who would not, from the fame Motive, and, with the fame Pleafure, have fpoken of her Citizens as I have done, except where my Language has been inadequate to my Ideas, and there, I am confident, they would have fupplied the Defed:. As to the Allegation, and the Prayer of the Petition, though, as I obferved, it is a general Benefit to reward Merit, yet, I muft do my Confti- tuents this farther Juftice to fay, that, if what they folicit, had not, exclufive of this Princi- ple, Day VIIL] A fairs of Ireland. 127 pie, been a national Advantage, they would not have made it the Object of their Solicita- tion ; that Modefty and Moderation, vi^hich are the infeperable Concomitants of Merit, and that Uprightnefs, and Generofity of Mind, which would difdain to requeft the Applica- tion of any Part of the public Treafure to a private Ufe, would have prevented them. The Trade of the City of Derry^ Sir, is, within thefe few Years, greatly increafed, with Refped to Imports and Exports ; the fingle Article of the Linen Manufadure, amounts to no lefs than 200,000/. per Ann. There are,be- longing to this Port, four and twenty Ships, from two hundred to three hundred Tons burthen, and, I believe, there are very few other Ports, in the Kingdom, which employ as many ; but the Water is too (hallow, even at high Tide, to float thefe VelTels to the Quay j the River, alio, is fo narrow, as to render the Navigation very inconvenient, fo that the Merchants of Derry are obliged to pay eight Pence a Ton for Lighterage of all Goods, both in and out, and are conliderable Suffer- ers by Rilque, Damage, and Delay. To render this Part of the River more commo- dious, and to deepen the Channel, will re- quire about 1,600/. by the beft Computation that \ 128 Debates reJathe to the [Day VIII'. that can be made j the Sum is, comparative- ly, very fmall, and the Advantage will be great, not only to Derry\ but to the Nation in general ; for every Encouragement given to Trade, is like an Addition of vital Strength to the Heart, which is immediately difFufcd to the remoteft Parts of the Body. I, there- fore, pray, that this Petition may be read. The Petition was read accordingly, to the Purport as fet forth above, and, it was order- ed to be referred to a Committee ; upon which a Committee was appointed accord- ingly. A Petition of Margaret AJJ:ii'orth^ Widow oi 'Thomas Afiworth^ late of Den?iybrook^ in the County of the City of Dublin, Linnen, Cotton, Callico, and Paper Printer, deceafed > praying Aid to enable her to carry on thofe Manufad:ures, was prefented^ and read. Mr T— M— then moved, that it might be referred to a Committee. Mr Day VIII.] Affairs of Ir-ela^d. 129 Mr £- S- P-^. MrS , I find that vaft Numbers of People have come from every Part of the Kingdom, with Petitions of this Kind, praying parliamentary Aid to carry on different Manufactures ; and, as it would be imprudent to detain them from their Bufinefs, and cruel to keep them in Suf- pence, it being impoffible to gratify half of them, I think, it is fit we fhould know the Senfe of the Houfe with Refpe6t to Petitions, of this Kind in general : The granting of Money, by Parliament, on thefe Occafions, is a Praftice but of late Years ; however, I con- fefs, that I was one of thofe who thought it for the Benefit of Trade, by improving vari- ous Manufactures into greater Degrees of Perfection ; but Experience, Sir, from which there can be no Appeal, has, at length, con- vinced me that I was miftaken, and, that it has produced an EffeCt direCtly oppofite to that which was intended ; in fome Inftances it has put an End to the very Manufacture it was fuppofed to encourage, and, in others, it has favoured a Monopoly, and reprefix:d the Indufiry J30 Debates relative to the [Day VIII. Induftry of many, by giving to a few an un- due Superiority over them, which muft al- ways be the Cafe, when large Sums of Mo- ney are poured into the Hands of particular Perfons ; I mean large, with Refpedl to the Circumftances of thofe who receive them, and fuch have been the fmalleft that Parliament has thought fit to grant. I am very fenfible. Sir, that Manufacturers {hould be encoura- ged by all poiTible Means, and, that no Ob- ject can be more worthy either of the Atten- tion, or the Bounty, of Parliament. It is im- pofiible that many fhould live, where few can be employed j it is by Labour, only, that the Inhabitants of a civilized Country c.n fubfift J and it is, therefore, impoffible, that any civilized Country fliould be popu- lous, where there is little to do. As no Country, that is not populous, can be either flourifliing or ftrong, and, as it is manifeftly ' the Intereft of every Individual, that the Country, in which he lives, fliould be both, it follows, that the Encouragement of Manu- tadures, by which, alone, Multitudes can be employed, is elTential to the Profperity, if not to the very Subfiftence of the State. Upon this Principle, therefore, inftead of granting large Sums, to particular Perfons, to difpofe of as \ bAY VIII.] j^ffalrs of Ireland. 131 as they pleafe, I think we fhould apply them in hberal Premiums, for different Manufac- tures, as they are brought to Market, in Pro- portion to their ^Quantity and Excellence 5 this would be an univerfal Encouragement, and would dlffufe an univerfal Spirit of Dili- gence and Emulation, as every Man would afpire to gain what was offered, not to this, or the other Individual, but to whomfoever fhould excel. I have, myfelf, within this few Days, had many Petitions of the fame Kind, with that now offered, put into my Hand, all which I refufed to prefent, and, fhall give it as my Opinion, that no more fhould be received, and that one only fhould lie upon the Table, to determine the Fate of the refl. Mr T — M— anfwered, that other Petiti- bns, of the fame Kind, had been introduced, without being objecfted to ; that he thought it very hard his fhould be the firfl that was fefufed, and, that he did not fee why he fhould not have his JoSb done as well as another. Mr £ — S — P — , in reply, declared, up- 6n his Honour, that this was the firfl Petiti- on of the Kind that he had heard introduced, K and. I 1 3 2 Debatei relative to the [Day VIII. and, that if he had been prefent, when others were introduced, he would have objeded to them J that he had the higheft Refpedl for the honourable Member who introduced this, and, he was fo far from meaning any Thing like a perfonal Oppofition, that if he could bring himfelf to fubmit to do a Jobb at all, he would do his Jobb as loon as any Man's. The Qoeftion being put, that the faid Peti- tion be referred to a Committee, it was car- ried in the Affirmative, by 69 againft z^^ ; and a Committee was appointed accordingly. Mr£— ^-P-. Mr S , As I fliall always be difpofed to fubmit my private Judgment to that of thisHoufe, Icon- elude, that I had made a wrong Determina- tion, as I fee the Majority is againft me, and fliall, therefore, prefent many Petitions, v/hich have been offered me, and which I fliould, otherwife, have refufed. But, not- withftanding the Divifion for reading this Pe- tition, I am perfuaded that many Gentlemen, who divided for it, mufl be extremely forry to fee the pubHc Money lavifhed away in JOBBS, Day VIII.] j^ffairs of Ireland. 133 JoBES, which might be othervvife employed to public Advantage : I am very forry that I happened not to be prefent when the firfl Petition of this Kind was introduced, that I might have objeded againft it ; but, I hope, fome Method will ftill be found to fignify the Difinclination which, I am fure, the Houfe has to thefe Applications. Dr C— £— . Mr S , I do not rife up to oppofe the worthy Gentleman, who made the Motion with Re- fpeftto the Petition, for, I believe, the utmoft that he requires, is, that it fhould be referred to a Committee, for them to enquire into the Merits, and report to the Houfe ; but I am very much againft Petitions of this Kind, in general, and fo, I hope, every Gentleman will be, who recollects the vaft Sums that have been granted upon them, and the U{q that has been made of the Money. I re- member, a confiderable Sum was given lail; Seffions to the Proprietor of a Glafs-Houfe on the Strand, who, the Moment he got it, inftcad of fetting himfclf to blow Bottles, fet •his Houfe on Fire, blew it up, and then went K. 2 about 134 Debates relative to the [Day VII t about his Bufinefs. Large Sums were alfo given to the Cambric Manufadory, and, the next Thing we heard of it, was, that the Proprietors were Bankrupts. One Delamain got Money for making Rhone Ware, and the Work has been difcontinued from that Time to this. The Parliament has, alfo, difpofed of large Sums, for the like Purpofes, by the Dublin Society ; and, I think, fome Enquiry ihould be made, whether the Money, with the Difpofal of which they have been entruft- ed, has turned to a better Account than what we diflributed ourftlves. But an Incident has happened, Sir, in this Debate, much more alarming than the Mifapplication of Money granted to Manufadurers 3 a Word has been ufed as a Denifon of this Houfe, which is a Difgrace to Language, as it exprefles what cannot exifl without difgracing human Na- ture, by the moft flagitious Sacrifice of pub- he to private Intereft, under a Pretence of Patriotifm, and Attention, to National Advan- tages. I have heard, Sir, the Word Jobb, and, I have heard it ufed as an avowed Name for a Meafpre recommended to Parliament, under Colour of encouraging a Manufacture : Do Gentlemen, then, acknowledge the bring- ing in, and foliciting Jobbs ? and, do tlie Mem- DavVIIL] Affairs of Iri.1. Ann, 135 Members of this Houfe, profelTedly, do JoBBS for one another, inflead of fulfilling the Truft repofed in them by their Conftitu- ents, and tranfadting the Bufinefs of the Na- tion ! I am now, unfortunately, feated be- tween two Gentlemen who have banded the Word JoBB from one to another in a Senle, and Manner, which makes it juflly to be ap- prehended, that we have loft not only Virtue, but Shame j that we have done Evil till we have miftaken it for Good. One afks, " Why {hould not I have my Jobb done, as well as another ?" he is anfwered, from the oppofite Side of the Houfe, " If you will do my JoBBs, I will do yours." The very Air, 3ir, that conveys fuch Sounds, is contaminat- ed, and it has crolTed me till it has made me fick ) the Word Jobb is not only an odious, but a peftilential Monofyllable, and, I moft iincerely hope, that 1 {hall never again hear it mentioned in this Houfe, without the mofl opprobrious Epithets that can poflibly be in- vented, as none can fufficiently exprefs its Turpitude and Malignity *. K 3 Mr * Though Dr L — 's Obfervations were juft, with Rc- fpecl to Mr AI—^ yet he has miftaken Mr P — ; for 136 Debates relathe to the [Day VIII. Mr i?— F—. MrS , As I perceive many Gentlemen have taken the Liberty to deviate, confiderably, from the Matter in Debate, I hope I may be indulged in a fmall Digreffion, with Refpedl to a cer- tain Monofy liable, which has greatly affedled a Gentleman at the other End of the Houfe ; and, he himfelf has declared, has even made him fick : This Monofyllable, Sir, is the Name of a certain illegitimate Child, oi Pub- lick Spirit^ whom the World has agreed to call JoBB. He is well known in this Houfe, and, I am forry to fay, has not been ill receiv- ed in it ; permit me, therefore, to give fome ferther Account of his Defcent and Family, his Character and Qualifications. I have al- ready obferved, that his Mother is Fublick Spirit ; this Lady, though fhe is defervedly efreemed for many great and good Qualities, Mr P — did not fay, if Mr M— would do his Jobbs, he would do Mr M—-S \ but, that if he could fubmit to do a Jo3R at all, he would as foon do it for Mr M-— as for any Man. is Day VIII.] Jfmrs of Ireland. 137 is known to have a Freedom cf Principle^ and a Warmth of Confiitiition^ which, con- curring with Opportunity, fpecious Preten- ces, and folemn AiTurances, have frequently fubverted her Chaftity, and feduced her to the Embraces of the meaneft and the moft unworthy Wretches in the World : Among thefe was Self- Inter ejfy by whom Publick Spirit has a numerous Ifliie, diftinguifhed by the Name of Jobb ; how they came to be fo called I fhall not at prefent enquire, but, it is certain, that, as to their outward Appearance, they greatly refemble their Mother, and that, in their Principles and Difpofitions, they are altogether like their Father. Their Refem- blance to Public Spirit has enabled them to do much Mifchief, by executing the Projeds of Private Liter e/i ; they have been difper- fed all over the World, and have ad:ed in e- very Sphere. They have eftabliflied great Empires, and brought them to Deftru6lion ; they have placed Monarchs upon a Throne, and baniflied them to a Defcrt ; they have appeared in the Character of Alexanders^ Boiirbof2Sy and Ravilliacs : They have been adtive both in Church and State, from the Minifter to the Contra(5lor, from the Archbi- K 4 fhop 138 Debates relative to the [Day VIII. fhop to the Curate, from the Judge to the Newgate Sollicitor, from the Commander in Chief to the Quarter Mafter, from the Court Phyfician to the Itinerant Quack j they have always flourifhed in Proportion to the Wealth and Generofity of the Country, where they have redded j and, though this Country can- not boafl to have been vifited by many of the Offspring, which Public Spirit has born to a worthy Father, yet many of the Jobbs, her Children, by Self -Liter ejl, have come over hither from a neighbouring Kingdom, and have, with great Succefs, played, both upon our Virtues and our Weaknefs : They have flattered us, by telling us, that we were Rich ; and, they have amufed us, by pretending to encreafe our Riches > they have applauded pur Generofity ; and, to give us an Opportu- nity of (hewing, that we have deferved the Complement, have been very free in foliciting Favours ; this Opportunity we have leldom failed to improve -, we have lavished upon them whatever they required ; they, in re- turn have gone off with their Booty, exulting in their own Cunning, and defpifing our Sim- plicity. DayVIII.] JfairsoflRELAiiD. 139 One of this hopeful Progeny, who hap- pened to be born on this Side of the Water, about ten Years ago, found a Hoard of Money, which, as is a common Cafe, betrayed him into ftrange Inconfiftencies, fo that fome Per- fons did not fcruple to fay, he was befide himfelf ; it was his Cuftom, for fome time afterwards, to fally forth, attended by Drum- mers and Trumpeters, and a licentious? and diforderly Rabble, crying out, in a difmal and frantic Tone, O ! my Country ! my bleeding Country ! The little Boys ran away, crying and frighted, and the Women fell into fits ; but, at laft, he fat down with his AlTo- ciates about him, treated them with Whlfl<:y, and Tobacco, till they could neither fee, fpeak, nor ftir j and, declared, that Irelafid was the happieft Country in the World, that all Minifters were Patriots, and, attended to nothing but eftablifhing Liberty, and reward- ing Merit *, Some * In the Year 1753, it was difcovered, that there was a very large Sum in the Treafury unapplied, and, for which, there was no call ; many Pcrlbns afFcdted ^reat Fears, that it would be unconftitutionally difpofed of. 140 Debates relative to the [Day VIII. Some of the Family of the Jobbs^ are flill among us, and endeavour to conceal them- felves under borrowed Names, and Charac- ters J but it is rnofl certainly the Duty, and, I moft fincerely hope, the Inclination, of every Member, of this auguft AlTembly to deted:, and banifli them for ever. That they may be the more eadly difco- vered, I fliall mention feveral particular Cha- rade rift ics, which, by a penetrating Eye, may be feen through all their Difguifes. They very often aiTume their Mother's Name, and pretend, that their Father was Integrity, a Gentleman of very honourable Defcent, who, having of late Times, been much negledted, by Perfons of Power and Interefl, has fallen into Misfortunes, and been obliged to play at Hide and Seek, fo that having been long in Obfcurity, nobody knows where he is. This Pretence, frequently procures them great Po- of. An Oppofition againft the Court was made, by a numerous Party, but, fomc time afterwards, finding themfelves miftaken, they accepted of Court Preferment, and tacitly acquiefced in Court Meafures, pularity. Day VIII.] 4fdirs of Ireland. 141 pularity, of which they are very fond ; but, the Failacy may eafily be difcovered, by at- tending to their Conduct, for that will al- ways demonftrate their Relation to Self Inte^ refii from whofe Principles alone it proceeds. They fometimes afted: a violent PaiTion for cultivating the Arts of Peace, for the Im- provement of Trade, Shipping, Manufactures, high Roads, and Bridges 5 at other Times, they are very bufy in Preparations for War, in erecting and repairing Fortifications, Ram- parts, and Barracks ; and, of late, they have condefcended to amuie themfelves with great Guns, Haubitzers, and Mortars ; with Pow- der, and Ball, and Fire, and Smoke j Vv^ith warlike Peace, and peaceful War; but their true Character will always be difcovered, by a Dilatorinefs and Inconfiftency of Condud:, in whatever they undertake. They are al- ways zealous and in hafte to begin a Work, but they do not care how long it is in Hand, and take care, to do all in their Power to pre- vent its being finiflied. They will alfo be found, frequently, to begin their Undertaking at the wrong End ; for they have been feen very bufy in preparing Implements of War, for the Defence of Fortifications, before there were any Fortifications to defend. Their Pailion i42 Debates relative to the [Day VIII. Paffion for Land-Works is not more confpi- cuous than for JVafer-Works, Some time ago, they were exerting all their Influence to make Inroads into the Sea ; they were build- ing Keys, and projeding Piers ; crying to the Ocean " hitherto ilialt thou come, and here fhall thy proud Waves be flayed;" but, at prefent, they feem to take greater delight in the more gentle and innocent Entertainment of tracing the Meandering of Canals, and Ri- vers, through Meads and Lawns, from one great City to another. But neither is Land nor Water fufficient to circumfcribe their Projedls ; they mount the Air, and, pretend to erect Caftles, for the Accommodation of thofe that fhall undertake a Journey to the Moon -f-. As to the Places where they are to be found, they love good Company, and afTociate much with thofe, in whom you Gentlemen, place great Confidence ; they are found at the Treafury Board, the Linnen Board, the Bar- rack Board, and, in fliort, at every other t Alluding to the impradical Schemes, for which. Money has been obtained, by Cabal and Private Inte- feft. Board ; Day VIII.] j^jfairs of Ireland. 14^ Board ; nor are they ever to be mifTed at Grand Juries, or Societies that have the Difpofal of Money. It has been faid , by fome that they have a necromantic Pov^er, v^'hich, others fuppofe to have been long fince loft, and, which, fome modern Sceptics fuppofe never to have exif- ted : It is infinuated, that they may, for ought we know to the contrary, be, at this Moment floating in the Air, within this fa- cred Rotunda j that they may appear to fome among us, like the Dagger of Macbeth^ with the Handle towards us -, but, let none of us fay to it, as he did, " come, let me clutch thee." Let us fufpeft the Appearance of every " queftionable Shape," and, if any JoBBS approach in their own, whether they attempt to flip in at the back Door, to pop from behind the Arras, or to fkulk privately in it ; or whether, hoping to pafs unfufped:ed, by appearing to have nothing to fear, they may boldly endeavour to enter in front, let us unite at once, to feize, and to expel them, as Pefts of Society, and Traitors, to the State, with all the Ignominy and Contempt that is their due. The R— t H-ble Mr B— M-, moved, that the Committee appointed to conlider the Peti- 144 Debates relative to the [Day VIII. Petition, of Mary A/hivorth, fhould fit in the Houfe, and, that it fliould take into Con- lideration all the Petitions of the fame Kind, praying Encouragement, for carrying on Arts and Manufadlures. Some other Member, alfo moved, that this Committee fliould always fit in the Houfe, and, not as ufual, in the Speaker's Chamber ; in Order that the Tranfadtions might be the more publicly known, becaufe, it fometimes happened that three or four Friends of the Party got together, and, agreed to juft what they pleafed j and, becaufe, the Houfe feldom thought fit to differ from .their Committee ; it was added, that the more public the In- quiry into the Utility of allotting the publick Money to particular Purpofes was made the better. The H— -ble £■— 5—, reprefented, that very great Inconveniency, and Danger, fre- quently rofe, to the Subjedis of this King- dom, from the Negled: of the Mafters of Ships trading to England, who, neither pro-. vided a proper Number of Hands, to navigate the Veffel, nor a fufficient Quantity of Ne- ceflaries, to ferve the Purpofes of Life, if the Ship Day VIII.] 4fairs of Ireland. 145 Ship happened to be a few Days longer in her Voyage than ufual, by bad Weather, which, frequently drove her out of her Courfe ; particularly. Candles and frefh Wa- ter 'j he faid, that, he was himfelf, a Paffen- ger, very lately, on board the Lively^ and, that the Danger, and Diftrefs, which he, and the reft of the PafTengers fuffered, by the Want of thofe Articles was inexpreffible; that the Terror they felt from the Danger of the Storm was nothing in comparifon of their fuffering for want of Water, and their dread of perifliing by Thirft ; he, therefore, . prayed that he might have leave to bring in the Heads of a Bill, to prevent fuch Evils for the future. » " Ordered, that leave be given, to bring in Heads of a Bill, for the better PvCgulation of fuch Ships as Trade between the Kingdom of Jrela7id, and that of Great Britain ; and, for making it penal, for the Maftcrs and Commanders of fuch VelTels, to proceed to Sea, without a fuiiicient Number of able Sea-men, to navigate them, and a compe- tency of Bread, Water, and Candles, for the Number of PailenG;ers and Hands on Board, allowing, even for the Chance of a tedious Palfage. WED- 146 Debates relathe to the [Day IX. WEDNESDAY, A7ci;. 3^, 1763. NINTH DAY. THERE was a Meeting of the Com- mittee of Accounts, of which Mr y — B — , Senior, was Chairman, when there arofe the following Debate : The R— t H— ble Mr P— T— , the A. G. MrS ■'-, I think it my Duty to propofe, that the Fadts, which I (hall now lay before you, be made part of your Report to the Houfe : The Fadts are thefe : In the Year 1729, it was found, that the ufual Supplies had not been fuf- ficient to anfwer the Exigencies of Govern- ment J to make good the Deficiency, there- fore, 200,000/. was raifed, by Parliament,' in the fubfequent Seffions, after the ufual Manner : When this Sum came to be ac- counted for, in the Year 173 1, the Publick got Credit for Six-pence in the Pound out of it, fuch a Deduction being made from all publick Money, when it goes out of the Trea- fury. Day IX.] jifairs of Ireland. 147 fury. This Dedudion of Six-pence in the Pound, from the Hereditary Revenue, is paid as a Fee or Perquifite to the Vice Treafurer 5 but, the Deduction of Six-pence in the Pound, from the Additional Duties, has always been made an additional Aid to Government, and the Treafury has been made Debtor for it accordingly. The public Accounts were pafled the fame Year, and, this faving of Six- pence in the Pound, upon the 200,000 /. ad- ditional Duty, was voted and allowed as an Aid to Government, nor did the Vice Trea- furer pretend to lay any Claim to it. The fame Year, it was alfo found Necef- fary, to raife the farther additional Duty of 100,000/. and this Sum being accounted for in the Year 1733, the faving of Six-pence a Pound upon it, like that, upon the other 200,000/. was placed as a farther Aid, and, this has been the conftant Pradiice, and vot- ed as fuch from Seffions to Seffions, In the Year 1759, the Sum of 150,000 /. was raifed, and a Vote of Credit given for 200,000 /. more : This 200,000 /. was raif- ed in the fubfequent Year, and the Deputy Vice-Treafurer thought proper to pay the L Pe. 148 Debates relative to the [Day IX. Dedudlion of Six-pence in the Pound out of it, to the Vice-Treafurer, inflead of retaining it in his Hands, as a farther Aid to Govern- ^ ment. In the Year 1761, the public Accounts were paiTed, and, by fome Miftake, the Pay- ment of the Six-pence in the Pound, upon 200,000/. being the Sum of 5,000/. to the Vice Treafurer, was allowed, and the Deputy Vice Treafurer was not, as ufual, made aci countable for it as an Aid to Government. Sometime afterwards, however, I applied to the Deputy- Vice-Treafurer, and told him, that I did not think him fafe, in having paid' the 5,000 /. to the Vice Treafurer, it being my Opinion, that, as the 200,000/. froi which it was a Dedudtion, had been raifed upoi a Vote of Credit, and was an additional Duty^ the Poundage ought to have been made faving to the Government, as all Poundage upon additional Duties had adtually been, in all preceding Times, and, that, though the Accounts had been pafTed by Parliament, yet they might be over-hauled, and, he might be made Debtor to the Treafury, for the Money, and Day IX.] Affairs of IwE-LK^Tt, 149 and obliged to pay it. This, I thought it my Duty, as a Servant of the Crown, to do ; and the Deputy-Vice-Treafurer was fo fenfihie of the Weight of what I faid, that he thought proper to make Stoppages for his own Indemnification of two Thirds of the Sum he had paid, from a Ballance in his Hands, due to two Vice-Treafurers, and he would have flopped the other Third, from a third Vice-Treafurer, but, he being out of Office, the Deputy had no Ballance due to him in his Hands j to this Gen- tleman, however, who, was then in England^ he wrote a Letter, ftating the Fad:, and re- lating my Opinion -, upon this, the Vice Treafurers took an Opinion in that Kingdom, and filed a Bill in Chancery againfl the De- puty, in order to recover the Money he had flopped ; to this Bill they made me, as A — ^ G— , a Party, and I freely confefs, that hi- therto I have put in no Anfwer to it, for, as the Queftion litigated, relates to the Difpofal of public Money, I thought the Parliament had the befl Right to determine it. L % The J 50 Debates relative to the [Day IX, The R-t H-ble F— A—, Mr S , I am very fbrry to fay, that, I cannot but draw a Conclafion, diredily oppofite to that of the worthy Gentleman who fpoke laftJ from the very fame Premifes j for, it appears to me, from the whole of what he has faid, that it would be in thehigheft Degree impro- per, and unbecoming, for the Houfe, to inter-l fere in the Queftion, which he would recom- mend to its determination. The honourable Gentleman, has very freely confefTed, that h( has obflrudted the common Courfe of Juf-* tice, by a wilful and intended delay ; but, Ihall we take Advantage of fuch delay, tc preclude the Determination of a Court, t< which the Parties have regularly appealed Does it become us to wreft a Suit out of the' Hands of the Court of Chancery, or to fore- judge a Caufe, that has been properly brought before it ? Belides, Sir, the very Pretence for taking this Affair out of the Jurifdidion, into which it is properly brought, is fallacious. The Vice-Treafurer, by Virtue of the Patent, which he holds under the Sandion of the Laws Day IX.] Affairs of Ireland. i^i Laws of this Kingdom, is intitled to a Poun- dage of Six-pence in twenty Shillings, out of all Monies paid out of theTreafury, if there is not an exprels Refolution of this Houfc to the contrary ; now, it is not pretended, that there was a Refolution of the Houfe againft it, with Refpecfl to the Sum in Queftion, and indeed, the contrary appears by inconteftible Evidence, for the Poundage has adlually been allowed by the Houfe, and no Man can fup- pofe the Houfe would allow a Dedudlion, that had been made contrary to its exprefs Refo- lution. But, as there has been no Refolution againft this Deduction, neither is it equitable that there fhould, for, it is no more than a reafonable Salary to the Vice-Treafurers, and, is made from the Individuals, only, that re- ceive Money from the Exchequer, and, not from the Public, who would be charged with a Salary, for thefe Officers, if they were not paid by this more equitable, and lefs burden- fome Method. They are intitled to this Mo- ney, raifed in this Manner, by the Ad of Par- liament, under which they liold their Patent ; and they have received this Money by the Execution of that Ad ; and can we, by any Refolution, fay, that this Ad ought not to have been executed ? or, that it fhall not be L 3 exe- 1^2 Debates relative to the [Day IX, executed for the future ? An A6t, indeed, may be repealed, but the Execution of it can' never be fufpended, while it continues in force, without the Exertion of an unconftitu- tional and rebellious Power, which muft ne- ceflarily throw all Things into Confufion. Neither is it the Province of this Houfe to explain the Lav/s, other wife than by new Statutes properly paiTed for that End j the Courts of Law are appointed for this Purpofe, and to them the Subjedt is, by the Inftituti- on of his Country, to apply : Nor, in the prefent Cafe, is the Object worthy of parlia mentary Notice, being only a paltry Sum o about five thoufand Pounds. It was, indeed, the Objedt of parliamentary Attention, when it came regularly before the Parliament, con- nected with other Matters of greater Impor- tance ; and the Parliament, as I have already obferved, confirmed the Dilpofition of it, which is now controverted , if the Refoluti- ons of any former Scfiions are to be review- ed, and we are to undo this Seffions what we did laft, I do not fee, why we may not go back twenty Years, or, bring the Authority of our Rcfolutions into Queflion, from the Time that Refolutions were firft made. If I it was lawful to take Cognizance of this Af- fair, Day IX.] ^Jazrs of Ireland. 153 fair, in wrong of the Court of Chancery, to which the Parties have appealed, yet, I think, we (hould be bound to eftablilh our Refolu- tion, both for our own Honour, and, in Juf- tice to the Gentlemen it concerns; for it would furely be a piteous and cruel Cafe, to make Gentlemen refund, what we have al- lowed them as their Right, and what, in con- fequence of fuch Allowance, they have re- ceived and fpent. Upon the whole, I am clearly of Opinion, that the Houfe fhould do nothing in the Affair. Sir i^— C— . MrS , As I always liflcn, with the greateft Atten- tion, to the Arguments of that learned Gen- tleman, nothing that he fays efcapes me, and, I fhall, therefore, endeavour to trace him flep by ftep, and offer my Thoughts, upon the very fame Points, which he has made the Subjed: of his own. I (hall, how- ever, begin where he has ended, and, as he has thought fit to fay it would be a cruel, and pitiable thing, to bring the Vice-Treafurers to an Account, for what they have fpent, 1 think L4 it y 1^4 Debates relative to the [Day IX, it would be proper to afcertain how far they are Objedts of Commifferation, and, therefore, move, that the proper Officer do lay before the Houfe, an Account of the Sums that have been paid to the Vice-Treafurers, as Salaries for {twtn Years laft paft ; we fhall then know, not only how far they are to be pitied, but how far the want of fufficient Salaries will juftify their having 5,000/. of the public Money, which, except in this fingle Inftance, they never had before. The honourable Gentleman, has, indeed, told us, that it is a reafonable Salary, and, he would perfuade us that the Public does not pay it, becaufe, it is raifed by Dedudions from Sums received by Individuals out of the Treafury ; according to him, granting it to be a reafonable Salary, the Publick adually faves 5,000 /. (which it would be othcrwife taxed to pay this Salary,) by the ingenious Contrivance of mulding thofe, who have Claims on the Treafury. Whether this Sum is a reafonable Part of their Salary now, will be beft determined, when the Amount of their Salary fliall be known, but their Salary was certainly thought fuffi- cient without it, both by their Maffers, and themfelves, from the Time of the Eftabliffi- ment of their Office, till the paffing of their laft Day IX.] Affairs of Ireland. 155 laft Accounts. As to the Pretence, that, if they receive this Increafe of Wages, by a Poundage from Individuals, the Pubhc v^^ill not pay it; a Moment's Confideration will ihew it to be a Fallacy. This Poundage muft be applied, either as an additional Aid to Government, or an Increafe of Salary to the Vice-Treafurer. If it is applied as an additi- onal Aid to Government, the Public necelTa- rily faves a Sum equal to its Amount ; for if, inftead of being applied as an additional Aid, it is paid as an Increafe of Salary, the Public muft raife fuch a Sum, to replace it in the Treafury j fo that, as long as this Poundage is paid to Vice-Treafurers, fo long the Publick muft pay juft as much as that amounts to, more than they would pay if the Poundage was applied as an Aid to Government. — — But, we are farther told, that we ought not to bring the Vice-Treafurers to an Account for an unjuft Application of public Money, becaufe it is now feveral Years fince the pub- lic Money was mif-applied j I confefs this is the firft Time I ever heard that the Age of a Crime ought to be its Protedion. Give me leave to fay, that it is the indifpe^ifible Duty, sis well as the moft important Privilege of this Houfe, to enquire into the Diftribution of 156 Debates relative to the [Day IX. of public Money, and to take Cognizance of the Mif-application of it, at any Time part, however rerfiote, if there is a Poilibijity of re- covering the Sum, or punilhing the OfFenden If Sir Williajn Robinfon, who was fo lone ago difmifled from his Office, for corrupt. Pradiices, was in being, and had wherewithal! to fatisfy the Public, we fhould he inexcufa- ble, if we did not compell him to do it. I intend to fet on foot an Enquiry myfelf, with Refpe6l to fevcn thoufand Pounds that was not accounted for in the Year 1742 j and, if Length of Time fliould not be allowed to fcreen Guilt, neither fliould the Negied of thofe, whofe Bufinefs it is to deted it, dete^^ others from the Attempt. The Negled: of that Sefiions, which pafled the Accounts, in which the Sum in queftion was mifapplied, gives no Sanction to the Mifapplication : Is] our having once done wrong, a Reafon that] we fliould never do right ? On the contrary,] it is the Duty of this Parliament to redifj the Mifl:akes of former Parliaments ; and, I| think, that he who labours to find Caufes why this Houfe fliould not, to the utmofl, fulfill its Truft, with Refped: to the Confi- dence which the Public has repofed in it, by making it the Keeper of its Purfe, does not adl Day IX.] Affairs of Ireland. 157 a(5t as the Friend of his Country. The Fadt, at prefent before us, is this ; the Vice-Trea- lurers, and their Deputy, who are Servants of the Public, have a Difpute among them- felves about the Difpofal of public Money ; of Money which this Houfe has put into their Hands for particular Purpofes, and, inftead of applying to this Houfe, to know what thofe Purpofes were, they carry their Difpute into a Court of Law ; and, fhall we acquiefce in a Meafure, in which we are fo contemptuouQy pafled by, and which fo effentially affects us, with Refpect to our higheft Privilege and greateft Truft ? Surely Mr A— G— aded with the utmoft Propriety, with the greateft Attention to his Duty, and the higheft Re- gard to the Honour of this Houfe, by pre- venting the Determination of this Queftion in Chancery, before we had an Opportunity of taking Cognizance of it ourfelves. The ho- nourable Gentleman, who fpoke laft, has told us, that the Vice-Treafurers are intitled to this Money by the Ad of Parliament under which they hold their Patent ; and that we cannot condemn, or fufpend, the Execution of an Ad otherwife than by repealing it. But, does not this Gentleman know, that, to fay they are intitled to the Money, under an A<ft of Parlia- ment, 15B Debates relative to the [Day IX. ment, is begging the very Queftion in difpute ? Does he think the Parties are applying to a Court of Chancery, to know whether an A<5t of Parliament {hdU be executed or not ? If this Houfe has no Power to fufpend the Execution of a Law of the Land, does he think any fiich Power is claimed, or fuppofed to be claimed, by a Court of Chancery ? The Patent of the Vice-Treafurer was made, when no public Money was raifed here but the hereditary Revenue, when there was no fuch Thing as additional Aids, and, therefore, this hereditary Revenue could only be in- tended by the Spirit of the Law, which then enabled, that the Vice-Treafurer (liould have Six-pence in the Pound out of all Monies if- fuing out of the Exchequer. That this was the Spirit of the Law, and always underflood to be fo, Vv^ill appear from the uninterrupted, and uniform Practice of Parliament, for no lefs than fixty Years j for, fo long ago as the Year 1703, a Saving was made of Six-pence in the Pound, upon all additional Duties, and this Saving has been regularly continued, till, by the Precipitation, or Connivance, of the laft Seffions, it was loft. If the Houfe hitherto has had a Right to determine how the Six- pence in the Pound, on additional Supplies, fliould Day IX. Af airs of Ireland. 159 {hould te difpofed of, how comes it that they have not a Right now ? and, if it has hi- therto been the Senfe of the Houfe, that this Deduction (hould be a Saving, and that it was not a necellary Encreafe of the Vice-Treafu- rer's Salary, what fliould make it not the Senfe of the Houfe now ? Is it upon the Principle, that " to them that have it fhall be given ;" is the great Increafe of the Vice- Treafurer's Revenue, in other Refpeds, a Rea- fon why it fhould be increafed ft ill more, by 5,000/. taken out of the public Purfe ? Is it becaufe the Vice-Treafurers are Englijhmeny and will fpend their Revenue on the other Side of the Water ! or is it, becaufe the Em- ployment is fo great that it is divided among three, and becaufe the Difpofal of it will cre- ate a rainifterial Dependance, in Proportion to its Revenue and importance ? or is there any other Reafon why 5,000/. of the public Money fliould be now thrown into the Lap of Servants, who were moft amply paid be- fore, and who, till now, never claimed or ex- peded, fo unmerited and unneceftary an Ad- dition to their Income j but this Sum, howe- ver large, as the Increafe of a Servant's Wages, is (aid to be unworthy the Attention of Parli- ament : I am, however, equally concerned and j6o Debates relative to the [Day IX. and furprized, to find that any Perverfion of parliamentary Purpofes, any Mifapplication of public Money, any Meafure, injurious to our Privileges, or derogatory from our Honour, Ihould be thought unworthy of our Notice : Thefe Things are important from their Na- ture, not their Degree. The fmalleft: Injury offered to the Public, or to this Houfe, is of more Moment than the greateft Injury that one Individual can do to another j as only to imagine the Death of the King, is, by our Laws, confidered to be a greater Crime than the adtual Murder of a Subjed:. Upon the whole, I am clearly and fully of Opinion, that the Fads, ftated by Mr A — G— , ihould be reported to the Houfe. The R-t H—ble Mr F-- A-, MrS— , I am extreamly obliged to the honourable Gentleman, who fpoke laft, for the Attention that he is pleafed to fay, he always pays me, and yet I could wifh it were ftill greater, for, at prefent, it has not been fufficient to take my meaning. I did not fay, that the Age of Crimes (liould protedl them from Enquiry and Pu- Day IX.] Affairs of iRELAiiD, i6i Punifhment, nor had I any Ideas in my Mind that could prompt me to fay it, for, I never confidered the Vice-Treafurers, as being guil- ty of a Crime, in the Appropriation of the Poundage, on the additional Supplies, and the principal Purport of what I faid, was, to fhew that I thought it their due. Neither did I fay, that they were Objedts of Pity, I faid, it was a Pity that Juftice fhould be impeded in its legal, regular, and proper Courfe. I am fo far from thinking Vice-Treafurers Objedls of Pity, that I thirik there is the greateft Reafon to confider them, as Objects of Envy ; but, I fliall for ever adhere to the Opinion, that, for this Koufe to interfere with the Courts of Juftice, is of very dangerous Confequence ; with the Courts of Law they fhould certain- ly co-operate, and place a Confidence in them, if it was only for Example fake, and, if pof- iible, to encreafe their Influence, and the Re- verence, that is paid them, as the Adminiftra- tors of Juftice, whofe Office it is, by the very Conftitution of our Government, to explain the L ws made by this Houfe, and carry them into Execution. Sir i62 Debates relative to the [Day IX. MrS , I think it a Duty, that I owe to that ho- nourable Gentleman, to fuppofe his meaning was, what he now explains it to be j but I think it alfo a Duty due to myfelf, to obferve, that his Words did not exprefs the Meaning, which he has now explained ; he faid, that he thought the Refolutions of a former Sef- iions, ought not to be reviewed ; and does not this plainly imply, that, if that Refolution juftlfied a Crime, the Crime muft remain juf- tified ? whether a Crime has been committed or not, is the Matter to be determined, by the very Review that he would prevent j but, he faid, he thought, that if we took Cognizance of the fame Queftion again, we ought to de- termine, as we have determined already, and, what is this but faying, that, having once done Wrong, we ought never to do Right ? he faid, alfo, that it would be a piteous and cruel Cafe, to make Gentlemen refund Money they had been allowed to take, and, which, they had, in confequence of that Allowance, fpent already j and, furely, Gentlemen in a piteous Day IX.] Affairs of Ireland. 163 piteous Cafe, are Objedls of Pity ; however, if thefe Officers, according to the Opinion now explained, are Objedls not of Pity, but of Envy, it is difficult to conceive what can in- duce the honourable Gentleman to make them flill more fo, at the Expence of the Public, at the Expence of this poor Country, from which they already draw lo confiderable a Sum todiffipate in another. Upon the whole, I muft declare, that I fee no Reafon from any Thing that Gentleman has faid, to change my Opinion, that this Houfe fhould be zea- lous, on all Occafions, to maintain its undoubt- ed Right of ordering the DIfpoflil of publick Money, and that no other Part of the Legifla- ture, much lefs a Court oi Law, fhould in- termeddle with it. The R— t H— ble Mr N- C-, D- V — T — , got up, in his Place, and acknow- ledged that as the 200,000 /. raifed on the Vote of Credit, went out of the Treafu^ ry, he charged the Fees on it to the Account of the Vice-Treafurers, and, on fettling the Accounts, paid them the Ballance. He ob^ ferved, that no Objedtion was made to this, on paffing the Accounts -, but, he faid, that, in a Cofiverfation with the Attorney, and SoliicI-^ M tgfM 164 Debates relative to the [Day IX. tor-General, he found Reafon to doubt whe- ther he was fafe in what he had done, not- withftandlng the Accounts had been pafTed, and that, therefore, he flopped, from the nej^t Payment, to two of the Vice-Treafurers, their Proportions of the Poundage they had received, on the Sum in Queftion, and that he would have done fo with Ilefped to Mr £— the third, but he being gone out of Office, there was no Money in Hand belonging to him out of which the Stoppage could be made. He faid, alfo, that the two former had taken the Opinion of the Attorney and Sollicitor-General, in England^ upon the Cafe, and, by their Advice, had filed a Bill in Chan- cery here againft him, to recover the Money he had flopped, and that they had made the Actorney-General a Party to the Bill ; he ad- ded, that Mr E — had written him Word, that, if the Suit in Chancery went againfl the Vice-Treafurers, he would refund the Mo- ney. The S— G — gave his Opinion, that the Tranfadion fliould be taken Notice of by the Committee, and reported to the Houfe, and this was agreed to without a Divilion. Sir Day IX.J Affairs of Ireland. 165 Sir B, — C — reprefented, that many In- conveniencies might happen, and that, in ge- neral, it was fcarce poffible to carry on the Bufinefs of the Seffion with the Exadtnefs and DeUberation neceflary to its being carried on effedlually, if Monday was always kept as Holiday j and he, therefore, moved that the Houfe fhould meet on the next Monday. The R— t H—ble F— A— faid, that he ^ thought it of more Importance to appoint the Houfe to meet earlier, that it might not be o- bliged to (it fo late, for that the Attendance of that Houfe till feven or eight o'Clock at Night was a very great Fatigue, and, as long as this continued, he thought one Day in a Week httle enough for Relaxation : The Bu- finefs of the Houfe, he faid, would be better attended to on the other five Days, and that, as to their meeting the next Monday^ he did not know any particular Bufmefs that made it neceffary. Sir R— C — replied, that, when the Bufi- nefs of the Nation was to be done. Gentle- men (hould attend to it as diligently fix Days gs they would five, notwithft^nding the Fa* M 2 tigwe^ i66 Debates relative to the [Day IX» tigue, for that no private Indulgence ought to preclude public Benefit : That there was not a Gentleman in the Houfe to whom In- dulgence was more neceffary than himfelf, as his State of Health was fuch as made extraor- dinary Application and Fatigue very preju- dicial, yet he defired no fuch Relaxation as was now contended for. He faid, the Al- lowance of the 5,000/. upon the additional Supplies, to the Vice-Treafurer, a Miftake which, in every View, ,was attended with the moft difagreeable Confequences, arofe from the Precipitation of the laft Seffion, ow- ing to the Want of Time, and that he could not but be extremely furprized to hear any Gentleman fay, that he did not know what Eafinefs was to be done, when they were to pafs the national Accounts* Mr H — F — faid, that he did not know any Reafon why Monday fliould be a Holi- day, except that feme Gentlemen might, per- haps, think themfelves ftill at School, and fo imagine it to be black Monday. Upon a Divilion, it was ordered, that the Houfe, for the future, fliould meet on Mori' day, Dr Day IX.] y^ffairs of Ireland. 167 Dr C- L-. MrS , I have obferved a Negative put upon a Motion *, in the Votes lately pubhfhcd, that gives me the greateft Surprize. I was not prefent when it happened, and I am inclined to impute it to a Miftake of the Clerk, or the Printer, becaufe, I think, it is impoffible that this Houfe, the great national Council, whofe Duty it is to make the ftridleft Enquiry into every Thing that affeds the Conftitution, could rejed: any Motion which tended to throw a Light on an Enquiry of the higheft Importance. Mr M- F—. MrS , I rife up. Sir, to call that Gentleman to Order j for, it is contrary to all the Rules of this Houfe, for any Member to objedt againft * The Motion to lay the Opinion of the A— and S— G — concerning the Grant of the Offices of Chan- cellor of the Exchequer, and Mafter of the Rolls, for Life, before the Houfe. M 3 ,. Pro- t68 Debates relative to the [DaV I^* Proceedings which he muft know, whatever he may pretend to the contrary, were agreed to by a large Majority, and it is a much grof- fer Violation of thefe Rules to caft Refledtions of an odious and invidious Nature, upon any fuch Proceedings, fcr this can be nothing left than an Infult upon the Houfe, whofe Ad: all the Adls of a Majority are known to be : His Pretence of a Miftake in the Clerk, or the Printer, is ridiculous, becaufe it implies an Impoffibility ; for the Votes are always care- fully read by the Speaker, before they are fent to the Prefs, and the Speaker alfo infpeds them, after they are printed, to prevent any Errors of the Prefs from ftanding upon the Journals of the Houfe j befides, fuppofing the Poffibility, that the Entry in the Votes a- rofe from a Miftake, he is irregular, for, if he had fuppofed that to be the Cafe, he ought to have defired that the Votes of the Day might be read, and that the Senfe of the Houfe might be taken upon them. Dr C— L— . Mr S , Nothing could have induced me to make the Suppofition in Queflion, but the very ex- traor- Day IX.] Affairs of Ire LAiJD, 169 traordinary Nature of the Proceeding, to which it relates j a Proceeding which is neither fup- ported by Juftice, nor countenanced by Pre- cedent J this I imputed rather to Error than Defign, and, coniidering it in that Light, I have cafl no Reflediion on the Houfe, and I apprehend that every Member has a Right to exprefs his Surprize at what ftrikes him, as ex- traordinary and unaccountable, and is no more obliged to impute it to a Caufe which he thinks impofiible, than other Gentlemen are obliged to impute it to a Caufe, which they think impoffible : If I have injured this Houfe, by fuppofing its Concurrence in a Meafure deftrud:ive of the Conftitution of the Country, and the Happinefs and the Free- dom of the People, to be impoffible, I am ve- ry, very forry, and as fuch an Injury could never proceed from a diflionourable Opinion pf the Houfe, or from any Malignity to it, I hope it may be forgiven. The Conftitution of the Country, Sir, and the Happinefs and Freedom of the People, depend upon the pro- per Diftribution of Juftice in the Courts of Law, and there is no Court of Law of greater Confequence, and Dignity, than the Court of Exchequer, which has immenfe Property in its Difpofal. It is well known in this Houfe, that M 4 the iyo Debates relative to the [Day IJf,- I the Objeft of an Enquiry now fet on Foot^ to which my Suppofition relates, is the Lega- lity of a Patent appointing a Judge of that Court- and therefore every Thing that could throw Light upon that Enquiry is of the greateft Importance, and every Attempt to prevent Light from being thrown upon it, is an Attempt tending tofubvert the Conftituti- on, and affedt the Happinefs and Freedom of the People. A Gentleman of the greateft Abilities in the Law, Sir, formerly fate upon the Bench, and the Bulinefs of that Court was then carried on with the greateft Expedi- tion, and perfe6lly to the Satisfadion of every Perfon who had a Suit depending in it. I am now extremely forry to fay that this Court, great and refpedable as it is known to have been, has loft its Dignity, and fallen into Con- tempt, an Event equally unhappy and una- voidable, when fuch Perfons, as the prefent, prefide upon the Bench. Mr M- Mr S , 1 am extremely forry to find myfelf under a Ntceflity of calling that Gentleman a fe- cond DAYl!5t.] ^^Jairs of Ireland] 171 cond Time to Order ; his very Pretence, which he would perfuade us prevents what he has faid, from being a kefledion upon the Houfe, is itfelf an invidious Reflection, lor the Proceedings of the Houfe are manifeftly condemned by being imputed to miflake, ef- pecially by being imputed to a Miftake that was impoffible, and that he knew to be fo. This Infult I cannot hear and be filent ; nei- ther can I filently hear it faid, that the moft important of our Courts of Judicature has loft its Dignity, and is fallen into Contempt, or fufFer the Charader of our Judges, who pre- iide in it to be injurioufly treated, without re- preffing a Behaviour fo licentious and unpar- liamentary, fo great a Trefpafs upon the Propriety, and Decency, which fliould always be obferved in this Houfe, and fo grofs a De- viation from the Character of a Gentleman, which ought always to be maintained by its Members. I appeal to the Houfe, whether all this is not contrary to Order. Dr C— L— . MrS , As to what has been faid, concerning the Court of Exchequer, and its Judges, I can never 172 Debates relative to the [Day IX* never conceive it to be a Violation of Order, except it is a Violation of Order for this Houfe, to difcharge its Duty to the Public, and fulfill the Ends of its Inftitution. I have always un- derftood, Sir, that it w^as the peculiar Pro- vince of this National Council to enquire into the State of our Courts of Judicature, and the Charadter and Condu6t of its Officers : Have we not a Committee appointed for that very Purpofe, and/ can the Duty, referred to this Committee, be performed without communi- cating to the Houfe, what appears to be amifs in the Courts or their Officers ? Is it not, Sir, contrary to all Rule and Order, to deprive us of the Liberty of fo doing ? and is it not alTer- ting the Liberty, and, adling confonant to the Rules of this Houfe, to mention whatever re- lates to the Courts, or their Officers, without referve ? Mr T—H^. Mr S- , I acknowledge, Sir, that this Houfe has a Right to make a ftricft Enquiry into the Con- dud: of the Judges of our Courts, and that we have a ftanding Committee, appointed for that Day IX.] Affairs of Ikei^a^T). ly^ that Purpofe ; but, furely it does by no Means follow that any Member of this Houfe has a Right to cenfure the whole Bench of any Court indifcriminately, or to throw out gene- ral Refledlions upon the Judges of it, unfup- ported by any particular Fad:, either real or pretended. It is lawful, Sir, to apply for a Commiffion of Bankruptcy, againfl; a Mer- chant, founded upon a particular Fa6t -, but it is unlawful to fay in general, that a Mer- chant cannot pay his Debts. If any particu- lar Act of Mal-adminiftration was alledged againft any Judge of our Courts of Law, the Committee of Juftice would immediately caufe Enquiry to be made, whether the Fad: alledged was true, and would pafs Judgement accordingly j but, even in alledging a particu- lar Fad, there fhould be no general Abufc, and fuch Language, as we have juft now heard, would be unbecoming and unparliamentary. MrJ— G— jthe S. G. MrS , I am entirly of Opinion, with the honour- able Gentleman who fpoke laft, that it is im- proper, in the higheft Degree, to vilify and de- 174 Debates relative to the [Day IX, depreciate Gentlemen in a moft refpedable Of- fice, without layingany thing particular to their Charge. It is certainly incumbent upon this Houfe, and every Member of it, to fupport the Dignity and Credit of the Courts of Law, by which alone its Determinations can be ef- fedlually, and ultimately, carried into Execu- tion. It is more efpecially incumbent upon them, at this time, when the folemn Ads of the LegiHature of this Kingdom are oppofed by facetious and unlawful Combinations, in every Corner of it, and the executive Power fet at Defiance, by treafonable and out- rageous Practices, which are a Difgrace to our Government and Country ; to throw out invidious Refledions againft this Power, at a Time when v/e fo eminently need its Service, is eventually to join the public Enemies of our Laws, and Countenance the Violence which is fo flagitioufly offered them. Our Galleries, I fee, are full, and there is not a Word faid in this Houfe, that will not be car- ried abroad ; and, is this a Time to have it reported, that one of the moft refpe6lable of our Courts of Law is fallen from its Dignity, into Contempt, and thus encourage an Op- pofition to its Juriididion, and a Difcontent at its Proceedings ! As to myfclf, I think it my Day IX.] ^Jfairs of Ireland. 175 my indifpenfable Duty, to fupport the Credit, and Influence, of that Court to the utmoft of my Power, and, I anipleafed-to have this Op- portunity of declaring my Sentiments upon the Subjed:, and of giving the worthy Gentleman, from whom I have the Misfortune fo widely to differ, a proper Time to recoiled: himfelf, and to remember, both of whom, and to whom he (hall fpeak, in what he has farther to offer on the Occafion, fo that he may nei- ther offend agalnfl the Laws of Decency, nor the Pwcfpect due to the Dignity of this Houfe. Mr IV— H-. MrS- Notwithftanding, what has been fo juflly and fo forcibly urged by others, I think it my Duty to make fome Reply to what has been thrown out relative to the Court of Exche- quer, which, I have the Honour to attend, and fome Profit befides. The Gentlemen of the Law, who appear frequently in that Court, are the beft Judges, how far it has prcierved its Dignity, and, I appeal to all thofe of the Profeflion that hear me, whether it has fallen into Contempt. The Gentlemen who 176 Debates relative to the [Day IX. who prefide in that Court, and who have been attacked, in a very extraordinary Manner, are not here to defend themfelves, and there- fore, I think it my Duty to declare thus pub- Hckly, and diredly, that the Refledtions thrown out againft them are not true^ and that the Language ufed, upon the Occafion, is a Difhonour and Difgrace to this Houfe : It may be proper Language in the Weaver's - Hall, but it is not fo in a Houfe of Commons. Dr C- £— . MrS , I have the greateft Honour and Efleem for the worthy Gentleman who fpoke before the laft on the Floor ; and fliall always pay the higheft Regard to his Judgment and Opinion. It is, therefore, with great regret that I differ from him no'.v ; however, I muft declare, that, I think, if there is any Thing amifs in our Courts of Juftice, either with Refped to the Legality of the Patents, by which the Of- ficers are appointed, or the Characters and A- bilities of the Officers themfelves, it would be the greateft Abfurdity in itfelf, and the great- eft Injury to our Conftituents, if we were to forbear an Enquiry into it, for fear it fliould be Day IX.] Jfairs of Irelai^b'^ 177 be known abroad that fuch an Enquiry was made. If nothing amifs is to be imputed till it is proved, I fhall be glad to know how fuch Proof is to be brought on : If no Felon is to be taken up upon Sufpicion, it is plain that no Felon can be punifhed ; The Proof of a Crime muft, in the Nature of Things, be fubfequent to the Imputation of it, and a publick and judicial Enquiry will, if the Crime has been falfely imputed, be for the Honour of the Party, and, if it is proved, for the Benefit of the Public. With Refped: to the preient Queftion, then, it is an Infult, upon common Senfe, to pretend that People without Doors ought to think our Courts im^ peccable, and that we ought, therefore, to fuffer them to become ufelefs,or corrupt, with Impunity. As to the Gentleman, upon the Floor, who has thought fit to complain of In- decency, and reproach me for Exprefiions, un- becoming this Houfe, I am fure I may, at leaft, recriminate ; for I have never obferved greater Indecency than in the Exprefiions he has made Ufe of: He has, befides, been pleafed to mifreprefent me ; for, though I faid the Court had fallen from its Dignity, I did pot fay it had fallen into Contempt. Here 178 Debates relative to the [Day IX. Here Dr L — was again flopped, and called to Order by Mr T— , the A— G— . Dr C— L— . Mr S , I muft own I think it is very hard that Gentlemen will not fuffer me to explain my- fclf ; they catch up half Sentences, without permitting me to continue them till they ex- prefs my meaning j I have been very roundly treated, and called to Order, for what I have faid, and yet, I am confident, that, if I had been permitted to explain myfelf, the Houfe would have found that I advanced no Opini- on, in which all prefent did not concur. The Court of Exchequer, Sir, confifts of the Chancellor, Treafurer, Chief Baron, and two Judges : Thefe Perfons, five in Number, adl in ?. judicial Ci;pacity ; and, if from thefe five Judges, two are eventually taken away, by appointing two Perfons to fill two of the Pla- ces, who do not adt, whether from Want of Inclination, or Ability, furely no Gentleman will pretend to fay, that, by fuch dirpinution, the Court has not fallen from its Dignity ; Will not five Judges of Ability give the Court Day IX.] ji4ffairscf Ireland. 179 in which they prefide more Dignity than three ? at leaft, will not a Court, which, by its Conftitution, is to confift of five Judges, lofe its Dignity if two of them are Cyphers ? When five Judges were appointed to that Court, it was furely intended that five Judges iliould adl, and by what Contrivances the Places of two of them have been made Sine- Cures, I do not know, but this I know, that we pay them very large Salaries for doing a Duty, which they do not do ; and, I fliould be glad to know if the Bufinefs of that Court can be effecftually done, and its Dignity eirec- tually maintained, by the adling of three Judges, why we are to pay five ? As, I be- lieve, no Gentleman prefent can deny that two of thefe Judges are Cyphers, nof that a Court lofes its Dignity, by having fuch Judges, I conclude that I might, in this Senfe, without Reproach, fay, that the Court in queftion has fallen from its Dignity, and, that every Gen- tleman here is of the fame Opinion. The Fad: is, indeed, proved by the very State of the Court, with Refped to the Bufinefs of it, at this Time. When the learned Gentleman, who formerly prefided, fat there as Judge, there was, at leafi:, twice as much Bufinefs done in it as there has been fince. What N fort l8o Debates relative to the [Day IX. fort of Men are the prefent Judges ? The Lawyers will fay excellent, and I fhall take it for granted j but of paft Judges I may fpeak my own Opinion : The learned Perfon I have juft mentioned, was fucceeded by one — -, was he a proper Man for fuch an Employ- ment ? Did he add Weight, or Dignity, to that Court ? There is a Fadt that fays other- wife, and Facfts are generally believed : From the Moment this ' was appointed, no Bufinefs came before that Court, that it was poilible to avoid bringing thither. Here he was interrupted by Mr W- — H— ., who, when he was about to fpeak, and, at the Beginning of every Period, while he was fpeaking, gave two Hems, or fhort Coughs, which were very fingular and comical : When Dr L — mentioned , who is Mr iJ— 's particular Friend, he gave his two Coughs louder, and with greater Vehemence, than ufual, and then got up to fpeak j this caufed a general Laugh in the Houfe, upon which Mr H— faid, he was extremely glad to fee the Houfe fo merry, upon the Occafion of his rifing up to fpeak, but, that his rifing up, was, to himfelf, tragical, as it was to call a Mem- ber to Order, for indecently and injurioufly treat- Day IX.] Affairs of Ireland. i8i treating the Charad;er of a Gentleman of great Worth and Honour, who was not preient to defend himfelf. DrL.- — . \ Mr S , I can never think, Sir, that it is a Breach of Order in this Houfe, to enquire into the Charad:er of thofe who have filled, or who are to fill an Employment of fuch Dignity, and Importance, as that in Queftion, with a View to have it filled as it ought to be. I think, Sir, that all perfonal and private Regard ought to give Way to public Intereft, when- ever they come in competition j and, as to the Gentleman I have juffc mentioned, he feems, himfelf, to have been confcious of his own Inability to fill the Place for which I have faid he was not qualified : If I have faid nothing more than he has, by his Conduft, tacitly admitted to be true, I apprehend I have done him no wrong ; and that, as he would have had no Defence to make, if he had been here, he can lofe no Advantage by being ab- fent. That he has admitted his Inability for this Office, is clear, from his having thought fit to relinquifh it for a Penfion, and, indeed, N2 he 1 82 Debates relative to the [Day IX. he judged very properly, that he might as well take the Nation's Money, without pretending to do any Thing for it, as take it for an Em- ployment, in which he was capable of doing nothing, if he had pretended it. While, he was in that Employment, he was a Load upon the Bench, and, when he quitted it, he be- came a Load upon the Public j the Burthen is the lame, bat, of the two, the Public is beft able to bear it. There has, indeed, been a very fhameful Tranfmutation of Employment and Penfion ; fhameful if it had been only an Abuie of Power legally vefted, but much more (hamcful, as effed:ed without fuch Pow- er, and as being not only injurious, but illegal. The two Gentlemen who are fo liberally paid by the Publick, as Judges, without ever acting, or pretending to ad in that Capacity, put me in Mind of a Story I have heard of two Irijlj- men, who were feen, by their Mafter that paid them their Wages, idling on the Top of a Hay-cock j upon which, calling out to one of them, " Sirrah ! what are you doing there for my Money r" The Fellow anfwered, Ugh, by my Shotd noiD, and I am doing no- thing: " And what, lays the Mafter, is that other Fellow doing along with you r" 5y my Soul, fays Teague, and he is helpiiig me. If one t)AV IX.] Affairs of Irelakd. 183 one of thefe Gentlemen was afked the fame Queftion, by thofe that pay him, he might make the fame Reply ; and, indeed, fo might an hundred others, both Male and Female, who have Places and Penfions at the Expence of this Country. Upon the whole, as I think the flridleft Enquiry ought to be made into the Legality of the Grant of the Chancellor- fhip of the Exchequer, I humbly move, that the proper Officer may lay before the Houfe the Fiat for making out the Patent for that Place, and alfo the Fiat for making out the Patent of the Mafter of the Rolls. Ordered accordingly, Nemine Contradicente* Sir R.^ D . MrS . The greateft Diftindion, and highefl Pri- vilege, of this Houfe, is to be the Purfe-bearer of the Nation : To have the Power of de- termining what Proportion of national Wealth, confifting of the aggregate Property of Indivi- duals, (hall be applied to public Purpofes : This Power, which is exercifed by laying Taxes upon the People, as it is of the higheft Importance, (hould be delegated to others N 3 with 184 Debates relative to the [Day IX, with the greateft Caution, and only in Cafes of the utmoft NecelTity. In Cafes of fuch Neceffity, the Houfe has delegated this Power to Grand-Juries, who have, from their pecu- liar Knowledge of the feveral Counties, to which they belong, the only Means of know- ing the Exigencies of thofe Counties, and the Sums neceflary to anfwer them :• In Confe- quence of this Delagation, Grand-Juries have a Power to tax the Inhabitants with fuch Sums as fliall appear to them, by Affidavits, and proper Vouchers, to be neceiTary for pub- lic Ufes : But there is too much Reafon to fufped; that this Power is frequently abufed, and, therefore, I beg leave to bring in Heads of a Bill for the better Regulation of the Pro- ceedings of Grand-Juries, in the preparing and forming of Prefentments, for the levying of Money. Ordered, that leave be given accordingly j and that Sir R— i)— , Mr F— , and Dr L — , prepare and bring in the Heads of fuch a Bill. Ordered, that the Order for the Day be ad- journed till Mo?iday Morning next. And I)AyX.] Affairs of iR-EhA^jy, i8^ And then the Houfe adjourned until M?«~ day Morning next. Ten of the Clock. MONDAY, Nov. 8, 1763. TENTH DAY. N the Committee for examining the nati- onal Accounts, Mr J — B — Chairman. Mr TV— H— got up, and faid, that he could not help mentioning his Surprize at a Charge which had been juft read of 170/. paid to certain Perfons for Pigs, which had been killed by a Dublin Mob. He faid his Suprize was the greater, as the Demand of the Propri- etors of thofe Pigs was only 70 /. how this 70/, during a late Adminiftration, had fwelled to 170/. he faid he could not imagine. It is true, fays he, thefe Pigs are mentioned under the Denomination of Cattle, but, whatever Honour they may derive from this Appellati-^ on, it cannot be fuppofed to increafe their Va- lue. I only mention this, to fliew that thefe Pigs are among the dear Bargains which the Public has lately paid for. N4 Mr i86 Debates relative to the [Day X. Mr R^ F— . Before this Committee for examining the national Accounts is adjourned, I think it in- cumbent upon me to take Notice of, what I think, a very important Obje6t of their Atten- tion, as it relates to the public Income and Ex- pences, with Refpedl to an Article, upon which, in my Opinion, the very being of our Conftitution in great Meafure depends. In the firfl Place, Sir, I am extremely forry to fay, that though our Revenue has, of late Years, very confiderably increafed, yet our Expences very confiderably exceed our Re-^ venue : This Circumflance is the more a-^ larming, as no National Advantage is procur-^ ed by this Increafe of Expence, and as it has arifen at a Time, when our publick Affairs were in the fame Situation as they were,whe our Expences were greatly lefs than our In- come, though our Income was greatly lefs than it is. This^ Sir, feems to indicate, at leaf!:, an injudicious Management in the Dif- pofal of public Money, and lays the Founda-^ tion of a public Debt, which, by a Continua^ tion of the fame Management, muft perpe- tually encreafe. I may, perhaps, be told that the i DayX.] Affairs of Ireland. 187 the Sum, annually added to this Debt, will be but I'mall, but, I anrwer, that we could not poffibly fupport it, if it were large, and that as large and fmall are relative Terms, a Debt that would be fmall to another Nation, will be large to ours. The Country is of confiderable Extent, and contains many more People than we can properly employ; in thefe Circumftances, the NecefTaries of Life will always be procured with difficulty j for, if tb.ere is not an extendve Commerce, and brilk Trade, or, in other Words, if thofe, that want the Neceffaries of Life are not enabled to procure them, by the Pradice of thofe Arts, that fupply the Superfluities of it to others, they will be rather a Burthen than a Benefit to the Public. Now, it is unhappily, but too true, that the Commerce of this Country lies under very great Difadvantages, andiiG home Trade, orManufadories, are very much retrained by a miftaken Policy, that is perpetually op^^rating in Favour of a fifter Country. Our People, in general, therefore, muft neLeflanly be poor, and unable, to fup- port Taxts, lil'e other Countries, to pay In-p tereft for a public Debt ; on the contrary, it is neceffary, that we fhould be able to make fpme Savings froni our public Revenue, in ord?f l88 Debates relative to the [Day X. order to counter-baliance our National Dilad- vantages, by pecuniary Encouragements, for the Encreafe of our Manufadories, and the Improvement of our Trade : Upon this View of our Situation, and I appeal to all that hear me, whether it is not true ; it is manifefl that a National Debt, comparatively very fmall, will to us be total ruin -, and, give me leave to fay, it w^ould be fo, if our Trade and Manufiftures were in a much better State than they are j becaufe our Money, what we have of it, does not circulate among us, but is drained off by Abientees, and fquandered on the other Side of the Water : I might here enlarge upon the very mortifying Topics I have mentioned, I might fl:iew in what parti- culars our Trade and Commerce are reftrain- ed, I might fliew that the Poverty of our People renders our Home Confumption fmall, and that we import no Article, up«n which we have a Profit, to export again, and I might draw a Parallel between our Situation and that of others, with Refped: to Trade, in a great Variety of Particulars, and fl^ew our Difadvantage in each ; but, as it is not necefTa- ry for the Proof of what I have advanced in general, I {hall fpare myfelf, and the other Members of this Affembly, the Pain that a minute Day X.] Affairs of Ireland. 189 minute Examination of our Difadvantages, and DiftrefTes, muft inevitably produce. I fhall only fay, that I have, with fonae Pains and Trouble, made a very exacSt Calculation of our Income, and our Expence, for fome Years back, and that I find there was, in the Year 1757, a Saving to this Country, after the Demands of Government were fatisfied, of 86,095/. to be laid out in Improvements; there was alfo, in the Year 1759, a Saving of (^6,184/. but in the Year 1761, though the Revenue was then confiderably encreafed, the Demands of Government exceeded it no lefs than 79,181 /. and, in the Year 1763, though the Revenue ftill continued to encreafe, yet the Exceedings amounted to 66,680 /. I muft obferve, alfo, that, in this Computation, I have taken no Account of the Duties ap- propriated to the Payment of Intereft, for the Loan, becaufe they have very little more than anfwered that purpofe. This Increafe, in our Expences, being fo great, notwlthftanding an increafed Revenue, as, inftead of leaving us a Surplus of 96,184/. to bring us in debt 79,181/. in one Year, requires a particular Examination. One Article is obvious, the Penlions ; Sums, large Sums, annually paid to Perfons for performing no public Service; Per. igo Debates relative to thi [Day X. Perfons v/ho have never contributed to the Honour, or the Advantage, of this Country, to the Value of a Mite, from whom it can- not receive the lead Degree of either, and from whom it is not even pretended that it will ; but befides this, there is a much larger Sum than formerly allowed for the Concordatum : The Allowance, during the late Reign, was 5,000/. but in the prefent it increafed to 1 0,000/. which is one half, and to that there has fince been an additional Increafe of no lefs than 1 6,000/. more ; fo that the whole Increafe, in this one Article, is no lefs than 26,000/. But there is an Increafe, in another Article, that feems more extraordinary ftill, and, I cannot mention it without fome Degree both of Shame and In- dignation — Secret Service — Of what Nature, Sir, is this fecret Service ? We have no Trea- ties to carry on with other Nations, no fecret Intelligence to procure from abroad j nor do I know of any Intelligence at Home, which it is neccffary fecretly to procure, and fecretly to communicate to Government. I fhould, there- fore, think a very fmall Sum would fuffice for this Article. 2,991 /. was found fufficient in the Height of the War, for two Years, the Years 1759 and 1760, and yet, for the two laft Years, when the Exigencies of State muft cer- Day X.] Affairs of Ireland. 191 certainly have required lefs, we are charged 2>209 L more, the whole Charge for thofe Years being 5,200/. This, Sir, ap- pears extremely myfterious to me, and, I dare fay, does fo to every Gentleman that hears me. The Increafe in the Penfions is immenfe, for, atprefent, they amount to no lefs than 42,627/, 19 J. 2d. more than the Civil Lift. I, there- fore, humbly move, that this Fad: may be re- cognized by this Committee, and that it be the Refolution of this Committee, that the Penfions do exceed the Civil Lift 42,627/. 195. 2d. Mr P— r-, the A- G— . As the Computation, by which the Penfions appear to exceed the Civil Lift, is entirely an arithmetical Operation, I think it is proper that every Gentleman fhould have Time to fatlsfy himfelf of the Refult of it, before he concurs in a Refolution by which that Refult is declared : The honourable Gentleman, who fpoke laft, fays, it has coft him fome Pains and Trouble, to make this Computation, and, therefore, it is reafonable to fuppofe, that o- ther Gentlemen cannot make it v^^ithout ; fo that, if they arc not to take it implicitly from him lp2 Debates relative to the [Day X. him, fome Time muft be allowed them, and, I think, the Time of this Committee maybe better employed, as I do not fee what End the Relblution propofed will anfwer, when it is made. Mr i?_ F_. Though the Computation coft me fome Time, and Trouble, as it was neceffary for me to ftate the Articles, both of our Income and our Expence, and then to compare the A- mount, it may now be done with the great- eft Facility, becaufe the Accounts, ready drawn up, and ftated, lie upon the Table, fo that nothing more is neceffary than to write down two fhort Lines of Figures, and, by the moft fimple and eafy Operation in Arithme- tic, to dedud one from the other. I, there- fore, defire that the Chairman may make it on behalf of us all, and report it, which, I apprehend, will, at once, put an End to doubt, and carry univerfal Convidtion with it : The mere Convidtion of the Truth of the Fa6t, is not, however, the Intent of my Mo- tion, which I think it now the more necefTa" ry to explain, as the honourable Gentleman, who fpoke laft feems wholly at a Lofs to guefs Day X.] Affairs o/" Ireland. 193 guefs what it may be. My View, Sir, in the Refolution, for which I moved, is, with all pofTible Duty and Refped:, to lay before his Majefty the Senfe of this Houfe, with Refpedt to the great Increafe of the public Expence, in an Article from which we can derive no Advantage, and to a Degree, which, by gra- dually burthening us with a Debt, that we are wholly unable to bear, will terminate in cur Ruin J this, I think, we owe, as an A6t of Duty, to his Majefty ; and, as our Votes are printed for the Information of the Public, I think this Fa(5t, in which the Public is fo nearly interefted, fhould appear in them. I would not, however, have it fuppofed that I am an Enemy to all Penfions indifcriminately, for I think that Gentlemen, who have diftin- guifhed themfelves in the Service of their Country, have a Right to a Gratification, and I think it is the Intereft of their Country that they fliould have it j to reward Merit is to produce it j the Public, therefore, will pur- chafe greater Advantage by thus ftimulating Individuals to fignalize themfelves in its Ser- vice, than by expending the fame Sum in any other Manner : All that I mean, is, to fhew that this Article is fwcUed beyond its due Bounds, and that the Difad vantage of con - trad:- jp4 Debates relative to the FDay X. tra6ting Debts, the Interefl of which can only be paid by the Impofition of Taxes, which cannot be born, is greater than even the Re^ ward of Merit itfelf can countc-bailance j and, I am confident, that if his Mc^jcfty was appri<^ zed of the Weight of our Burthen, he would not fuffer us to bear it. Mr Af— P-. I (hall not enquire whether what is pro- pofed, would, or would not, take up more Time than can now be allotted for it, but, aa the honourable Gentleman who fp(;ke lall, faid, that the Refolution, for whicli he mov- ed, was intended to be laid before his Ma- jefty, as a folemn Adl of the Houfe, I am for that Reafon, againft his Motion, for, making it on a fudden ; fuch a Refolution would come with infinitely more Weight and Dig- nity, after the Members have taken Time for Conlidcration ; there are many Objects of Confidcration that will offer themfelves on this Queftion, befides the mere Truth of the Fad : Deliberation always gives Weight and Force ; Precipitancy always has a contrary Effecfl J the advantage of Deliberation we may fecure by adjourning the Queflion till to- Day X.] Affairs of Ireland. 195 to-morrow, and, as I do not fee that the fmalleft Inconvenience can refult from the Delay I think this (hould be done. Mr P— T—, the A. G. then made the Motion for Adjournment. MrE— S—P^, As there can be no previous Queftion moved for in a Committee, the Motion, for Adjournment, is always conlidered as a pre- vious Queftion, I muft, therefore, declare I am fo far from thinking the Refolution in Queftion will gain Weight and Force, by de- lay, that I think it will greatly lofe, with Re- fped to both J as the Fad itielf is manifeft at fight, we can deliberate only whether we will declare it, and furely this can fliew no- thing, but an Irrefolution, and Lukewarmnefs, which can neither do us Credit, nor our Coun- try Service ; is not the Excefs of Expences, above our Revenue, a Grievance that calls for inftant Redrefs ? Is not the Confequence of it equally manifeft and fatal ? Ought we not to feize the firft Opportunity of making it known to him, from whom alone Redrefs is to be expeded ? And can delay have any O other 196 Debates relative to the [Day X. other Tendency, than to convince him, ei- ther that our Danger is problematical, or, that we have not a proper Senfe of it j will it not, therefore, tend directly to counteradl the very Refolution we are urged to delay, when at laft it fhall be made ? If a Man was to fee his Friend drowning, would he deliberate a- bout throwing out a Rope to fave him ? Would this Adion lofe any of its Weight, or Force, or Ufe, by thathafle which the honeft Impatience of Affedtion would naturally give it ? And would not Deliberation, on the con- trary, be a Proof, either that no Danger was apprehended, or no Deliverance defigned ? I confefs, Sir, that I cannot but fee Deliberation, in this Cafe, and in ours, exadly in the fame Light, and, therefore, I oppofe the Motion, for Adjournment, on this Occafion. Mr C— C— . I am forry to fay, that the very Reafon, which has been moft plaufibly urged for our coming to this Refolution, is with me a Rea- fon againft it. It is faid to be intended for the Information of his Majefty, but, in that View, I muft declare, it appears to me, not only unneceffary, but officious. I have the greatefl Day X.] Affairs of ICELAND. i^y greateft Reafon to believe that his Majefty is already well acquainted with the State of the Finances of this Country, and, with the Pur- pofes to which its Revenue is appropriated 5 and, I have very good Authority to fay, that our amiable and benevolent Prince will, from his truly parental Tendernefs for us, his loyal and afFedlionate People, take every Method to redrefs whatever ihall appear to be really a Grievance : I will venture to fay farther, that the Lord Lieutenant, who has the good of this Country equally at Heart, has already received fuch Inftrudions from his Majefly^ relative to the Penfions, as, if known, would effedually preclude the Motion, which the honourable Gentleman, at the lower End of the Houfe, propofed. I thought it my Duty on the prefent Occafion, to mention this to the Committee. Mr £— 5— P-. As I am fully perfuaded of the Veracity of the honourable Member that fpoke laft, and make no doubt of his having very good In- telligence, I {hall readily admit what he has been pleafed to advance j but, as he has not any Appointment under his Majefty, O 2 whicl; 198 Debates relative to the [Day X. which can give him Authority to communi- cate this Intelligence, I think, it ought not, in any Degree, to influence our Determinations. MrC— C— . I do not prefume to fay, that I had any Authority to communicate what I have juft now mentioned to the Committee, nor fliould I have taken the Liberty to have done it, had it not been publicly faid this Day, by a Num- ber of Gentlemen at the Caftle. The Grati- tude that I owe to his Majefty, for the graci- ous Declaration he has made, and the high Senfe I have of the Obligations we are under to his Excellency the Lord Lieutenant, for the kind Part he has been pleafed to take, in this Affair, animated me fo far to trefpafs a- gainfl; the flridl Rules of Propriety, as to be the firft to communicate what I thought would be very acceptable to the Committee, though there are many Perfons in it, whofe Employment, Confequence, and Experience, give them a better Right to have done it. Mr P- r— , the A. G. . Though I did not intend to mention this Affair Day X.] Affairs in Ireland. 199 Affair, at this Time, yet, I now think, I am called upon to declare what I know about it. I am informed, that his Excellency the Lord Lieutenant, upon his firfl coming to the Ad- miniftration here, reprefented the State of this Country, with Refpedl to Penfions, in fuch a Light, to his Majefty, as induced him to take them into Confideration, and, I am informed, that his Majefty's Secretary of State has lince written a Letter to the Lord Lieutenant, which came to his Hand laft Night, impower- ing him to communicate to this Houfe, his Majefty's Intention, not to grant Penfions upon this Eftablifhment hereafter, except, upon very extraordinary Occafions, either for Life, or Years. Mr y— Fitz G-, I beg leave to obferve, that, in my Opinion, the Intelligence communicated by the ho- nourable Gentleman, who fpoke laft, is pre- mature, and contrary to Order. It is pre- mature, becaufe when it is known that a par- liamentary Enquiry is immediately to be made, concerning the Legality of granting away a very great Part of the Sum, annually paid in Penfions, it is improper to anticipate, O3 in 200 Debates relative to the [Day X. in this Committe, a Debate, which is to come on at a Meeting of the Houfe j and, it is contrary to Order, to mention any Intelligence of this Kind in a Committee at all. Befides, it is at all Times improper, as well in the Houfe, as in a Committee, to mention the King, or his Miniflers, in a manner that may, in the lead Degree, influence the Determina- tion of this Part of the Legiflature, in a Quef- tion, upon which the Public Intereft fo eflen- tially depends. When his Majefly intends us the Honour of a Meflage, and it is brought to us by the proper Officers, at his command, it is our Duty to receive and confider it j but, when we are deliberating upon a Queflion, that comes properly before us as Reprefenta^ tives of the People, we are not to be told that his Majefly has faid this, or his Minifter has faid that, much lefs are we to regard the Whifpers of a Levy, or any thing that a Mi- nifter thinks fit to drop in a feled: Junto, with a View to have it reach this Houfe, in the Courfe of its Circulation *. I exprefs myfelf with * The Lord Lieutenant, upon the firft Intelligence pf his Majefly's Intention, with Rcfpedl to Penfions, though: DayX.] jfffdirs of Ireland. 201 with the greateft Zeal, on this Occafion, as it certainly behoves us not only to avoid, with the utmofl Care, all Royal or Minifterial In- fluence, but even the Appearances of it. Mr P- r-, A. G. Not to controvert what has been offered to iliew that the Intelligence juft communi- cated to the Committee, is premature, or con- trary to Order, it is fufficient, for my own Juftification, to repeat what I faid before, that I did not intend to communicate it, and that I had not received any Authority fo to do s but, as feme Hints had been thrown out, I thought it better to explain the whole Mat- ter, than to let Gentlemen go away with un- certain Surmifes, and conceive Prejudices, which it might afterwards be difficult to re- move. thought fit to communicate it to a few of the principal Gentlemen ; but, not thinking he had fufficient Autho- rity to make it Publick, he wrote to his Majefty for permiflion fo to do ; this Permiflion he received, in the Letter mentioned in this Debate, to have come to his Hand the Night before ; and he then communicated it to a Number of Gentlemen at the Cajile. O A Mr. 202 Debates relative to the [Day X,^ Mr i?- F-, Admitting what that honourable Gentle- man has faid, with Refpecft to his Majefty's Intention, and that his Intelligence was pro- perly conveyed, I think it iliould by no means preclude the Refolution it is fuppofed to ren- der unneceflary j for, I obferve, that the Royal Intention, as it has been reported to us, re- lates only to Pcnfions for Lives, or Years ; whereas, the great Burthen upon this Efta- blifhment is Penfions during Pleafure, which we feldom fee revoked, becaufe they are ge- nerally effectual for the Purpofe intended. It is manifeft, from the uniform Condudt of thofe to whom they are granted, that their Influence is more certain, and, therefore, more dangerous, than that of others, and for this Reafon, as to their immediate Tendency, more worthy to be the Subjecfl of an Ad- drefs. Mr J— D — made ufe of fome Argu- ments, in Favour of the Adjournment, upon which, Mr B got up, and fpoke to the following Effe(fl : Day X.] Affairs of Ireland. 203 I fhould certainly oppofe the Adjournment, if I had no other Objedion agalnft it, than the ill Ufe which may poffibly be made of it ; I am forry to fay, that, upon thefe Occafions, I have frequently known lix or feven Gentle- men meet, who have an Influence in this Houfe, which is too often more prevalent than Convidtion itfelf. In the prefent Cafe, I fhould be very forry to have fuch a Meeting, ^nd, therefore, I am againft the Adjournment. The Queftion for the Adjournment was then put, and carried in the Negative 80 a- eainft 71. The Queftion was then put for the Mo- tion, and pafTed in the Affirmative ISlem. Con, It is remarkable, that the very fame Quef- tion, on the very fame Occafion, was determi- ned by the firft Divifion laft Seffions, when it pafled againft the Adjournment 82 againft 80. The Speaker then refumed the Chair. Mr £— S— P— faid, that he fliould be glad to know what Day it would be agreea- able 204 Debates relative to the [Day X. ble for him to bring into that Houfe a Com- plaint of a Breach of Privilege, with Refpedfc to Letters coming free to Members of that Houfe ; this Privilege, he faid, he thought lliould be fupported, and, he alledged, that an E?igliJJj Letter, dire(fted to him at his Mother's Houfe in himerick^ was charged at the Poft- Office there, becaufe, when it came thither, he happened to be at Dublin j this, he faid, he thought a Breach of Privilege. The R_t H_ble W^ H— F^, P. M. G. got up, and faid, that he was of a different Opinion : The Poft-Officein Ireland, he faid, was a Branch of the Poft- Office in England, and he apprehended that the Privi- lege of Members of Parliament here, with Refpedl to their Letters paffing free, was not more extenfive than that of the Members in England^ where it was an eftabliflied Rule, that, if the Letter was not direded to the dwel- ling Houfe of the Member, or to a Place where he was adually refident at the Time, it fliould be charged. He faid, that a Member of Par- liament, mEnglandj had made a Complaint of exadly the fame Kind as this of Mr P — , with Refpedt to the charging two Letters, which he could produce, and, that being in the Day X.] Affairs of Ireland. 205 the Courfe of the Debate, convinced of the Impropriety of Letters direded to Members of Parhament going free to Places, where the Member was not, and of the ill Purpofes to which it might be abufed, he acqiiiefced \n the Charge, and dropped his Complaint : Mr F — , however, added, that he would not an- ticipate the Debate, which would arife on the Day that fliould be fixed for Complaints of Breach of Privilege being heard, and exami- ned, and that he v/as willing it fhould be fixed as foon as was thought proper, ■ Mr P— replied, that he agreed, with the Poft-Mafler, in allowing that the Poft-Office in Ireland was a Branch of the Poft-Office in England^ but infilled that the Privilege of the Members in Irela?2d had no dependance up- on that Country, Mr F— interrupting him, anfwered, he did not fay that it had. Mr P — then proceeded, and faid, he was fired at a Breach of Privilege of this Kind, as many Arts had been pradlifed to prevent the Members from enjoying the Advantages of it. Jf e added, that it once happened that the Re- folu- 2o6 'l)ebates relative to the [Day XI. folutions of the Houfe, relative to this Quefti- on, and in Favour of the Privilege, had been fecreted and not printed. TUESDAY, AVj. 8, 1763. ELEVENTH DAY. UvJ—Fitz-G—. MrS , THE Penlions that are now charged upon the civil Eftabliiliment of this Kingdom, amount to no lefs than feventy-two Thoiifand Poimds per Annum, befides the French and military Penfions, and befides the Sums paid as Salaries for old, and new unneceflary Em- ployments, and thofe paid in unneceflary Ad- ditions to the Salaries of others ; the Penfi- ons, therefore, on the Civil Eftablifhment a- lone, exceed the Civil Lift above forty-two 'Thoiifand Pounds. It appears to have been the unanimous Refolution of this Houfe, in the Year 1757, that the Increafe of Penfions was then very alarming, and, as the Increafe of Day XI. Affairs of Ireland. 207 of Penfions, fince that Time, has been very confiderable, it muft be now alarming, in a much greater Degree. Pcnfions have gradu- ally increafed every Year, from the Time that their Increafe was declared to be alarming, by a folemn Refolution of this Houfe. I fpeak it with equal Aftonifhment and Con- cern, and, I think, it mufl aftonifli and con- cern all that hear me. There are many other Circumftances that aggravate this Evil. Pen- fions were not only increafed by the Minif- ters, immediately after the folemn Declaration of this Houfe, that they were already fo great as to be of the mo ft fatal Confequence, had been communicated, in a moft fubmillive Manner, by an Addrefs, to the Crown ; but at a Time when an expenfive War increafed the real Exigencies of the State, and when a large Supply, large, with Refpedt to the pecuniary Abilities of this poor Country, was required, and granted, and a very confiderable national Debt willingly, and chearfully, contradted : At a Time, too, when many new Regiments Were raifed, which, as they would necelTarily increafe the Influence of a Minifter, by creat- ing new Appointments, might well have ex- cufed us from paying penfionary Gratiftcati" pns ; It might, reafonably, have been hoped, that 2o8 Debates relathe to the [Day XI. that our general Inability, our neceffary In- creafe of Expence, our contracting Debts, and our Increafc of the Minifter's Power, by raif- ing new Troops, the Command of which would be in his Difpofalj would, without any Remonftrance from the Commons, have been fufficient to deter him from laying upon us the additional and odious Burthen of new Penfions j yet, unhappily for us, Penfions have been increafed, in Proportion to the very Caufes why they fhould not encreafe ; and, while our Ability has been growing lefs, and the Influence of the Minifter more, we have not only had our Money given away, in new Penfions, but in Augmentations of the Salaries that we have too long paid for doing nothing. It is always, with Regret, that I diicover the Nakednefs of my Country, but, upon this Occafion, I ought not to hide it : Upon this Occafion, I mufl remind you, that Ireland is not more than one third peopled ^ that our Trade lies under fuch Difadvantages, that two-thirds of the People we have are unemployed, and are, confcquently, condem* ned to the moft deplorable Indigence j a State which cannot fail to render them wretched, in Proportion as the Luxury of a few has multiplied artificial Wants, to which they are no Day XI.] Affairs of Ireland. 209 no Strangers, but oF which they have no far- ther Knowledge than juft ferves to excite Envy and Difcontent. We have neither fo- reign Trade, nor home Confumption, fuffici- ent to diftribute the Conveniencies of Life a- mong us, with a reafonable Equality ; or to enable us to pay any Tax, proportioned to our Number. This Illand is fuppofed to contain three Millions ; and, of thefe, two Mil- lions live like the Beafts of the Field, upon a Root picked out of the Earth; almoft without Hovels for Shelter, or Cloaths for covering. What muft become of a Nation, in this Situ- ation, which, at the fame Time, is contract- ing a Debt that muft every Year increafe, by a very confiderable Excefsof its Expences a- bove its Income ? What muft become of a Nation whofe idle Hands, inftead of being employed, by the Introdudtion of Trade, and the Eftabliftiment of Manufad:ures, are form- ed into Corps of mercenary Soldiers, whom the unhappy Community to which they be- long, and to the Profperity of which their Labour ought to contribute, is taxed to pay ;, with this Aggravation, that the Expence they can fo ill bear, is unnecefllirily increafed, upon the Penfion Principles, by the Number of Regiments, and Oflicers, being greatly more than 2IO ^Debates rclathe to the [Day Xf^ than in Proportion to the Number of Men ; by the Money paid to thefe Officers being fpent in another Country, almoll: all the Staff, which is very weighty, being Abfentees, and feveral of the Re$>;iments themfelves beins ordered out of the Kingdom ? What Me- thod can be found to prevent the Ruin of a State, in which thefe Evils not only continue, but increafe ? What new Mode of Taxation can be devifed ? Shall we tax Leather where no Shoes are worn, or Tallow, where no Can- dles are burnt ? What Tax can be raifed upon the Neceffariesof Life, where they con- fift wholly 'of Roots and Water ? and, where Convenienciescanbut juft be procured ? What Tax can be laid upon them that will not ope- rate as a Prohibition, and, confequently, can never be raifed ? If we cannot increafe our Revenue, we have but one Alternative, we muft either lellen our Expences, or be un- done : Surely, it is not necefHiry to confider how Ruin may be aggravated, to determine our Choice ; and yet there are many Circum- flances that will aggravate our Ruin, if we fuller it to take Place ; thofe who have fuf- fered in a good Caufe, who have facrificed a private to a public Litereft, who have fuftain- ed fuffering Virtue, or, alfcrted the Claim of ne- Id AY XL] Affairs of Ire LAN d. 2 i i negleded Merit, have derived Confolation from a noble Source, and have not only tri- umphed, but rejoiced in Misfortune* Will this be our Cafe? If we ourfelves, our Wives, and Children, and all that are near and dear to us, are ftript of our whole Birthright j if our Conftitution is fubvertcd, our Freedom deftroyed, and the wretched Inhabitants of this loyal and magnanimous Country left to perifh, for Want, in the Streets, what Com- fort (hall we have in this dreadful Day of our Vifitation ? Can we then refledl, with the Patriot's Elation of Mind, that we fuffer for the general Good of Mankind ? Can we footh ourfelves with the confcious Generofity of • having procured any important Benefit to our Sifter Country ? Can we flatter Ourfelves with a Loyalty that has faCrificed all to the Gratification of our Prince ? or with a roman- tic, but noble Liberality, that has laviflied our whole Poflefiions, in rewarding thofe who have opened new Mines of Knowledge, of unlocked new Springs of Felicity ? — No 5 mortifying Confideration ! we are facrificing Ourfelves to increafe the Folly and Extrava- gance of thofe, whom Opulence has already made extravagant and foolifh j or to enrich the Servile and the Corrupt, whom it is the P In- 212 Debates relative to the [Day XI. Intereft of every State to keep poor. Some private Service done to the King's Advifers, is the Claim, the only Claim, of both Claf- fes, to the Vitals of our Country ; and, what is our confenting to pay Penfions to fuch Wretches as thefe, but leaving our Property to thofe who have ftabbed us to the Heart ! It is written, That the Wages of Si?i is Death j but whoever will look into our Lift of Penfi- ons, will have Reafon to fay, *' That the Wages of Sin is Ireland,'' There are, indeed, on that Lift, two Perfons who have an indu- bitable Claim to our Gratitude j one in this Kingdom, and the other in England -y but ma- ny of the reft, on the Lift, are Names that arc no where elfe to be found, that blot the Pa- per, and diflionour the two worthy Perfons, who are mentioned in the fame Margin : It is not, indeed, pretended that they have Me- rit, even in the Preamble of the very Patent that gives them our Wealth ; it is there con- fefled that they are feleded to good Fortune hy fpecial Grace, and 7nere Motion : If we en- quire what it was that qualified them for this Diftindion, we ftiall find, that the Qualifica- tion of fome, was, their having had Penfions before, that were too fmall to gratify their Vi- ces ; the Qualification of others, their contri- buting Day XI.] Affairs of Ir-rla^-d. 213 buting to the Vices of their Superiors, and of fome, their Dexterity at procuring for a Minifter, a parliamentary Influence : They are of both Sexes, of all Countries, and of all Claffes : The Foreigner, by having a Penlion for Life, or Years, may employ our own Mo- ney againft us ; for, though the Grant, in that Cafe, might be refumed, yet it might, before that Time, be transferred for an equivalent Sum, which would be thus out of our reach : The Native being worthlefs and corrupt, and his very Demerit being his Recomrpendation, is already adtually employed againft us, by fe- cretly undermining our Independence, and Liberty, and both concur in draining us of Money to an Amount that muft load us with an unfupportable Debt, and terminate in our inevitable Ruin. Our Cafe, however, is not defperate ; our Hope js in the Beft of Princes, the Friend of Virtue, the Father of his People : To redrefs this enormous Griev- ance, nothing more can be ncceflary than to acquaint him with it : To expofe the delu- five Arts of his Advifers, and convince him, by the Reprefentation I have now made, that they are facrificing the Happinefs, almoft the Exiftence, of three Million of his loyal and dutiful Subjeds, to a few Wretches, of whom P 2 he 2 14 Debates relative to the [Day XI. he is totally ignorant, and whom, if he knew, he would defpife and deteft. It can never be fuppofed, that cur moft gracious Sovereign would concur in fuch Meafures, if he might do it without an exprefs Violation of the Law, much lefs can it be fuppofed, that he would fuffer the Law to be violated, which he has publickly and folemnly engaged to de- fend. That the Grant of the Penfions, in Queflion, is contrary to Law, I fhall now prove, by inconteftible Evidence, and, what- ever Doubt fome Gentlemen may have, or pretend to have, about the fatal Confequences of our Penfions, I prefume that there are none who doubt, or pretend to doubt, whether a Pradlice fhould be fuffered, by which Laws, that immediately affedt, not Individuals only, but the very Conftitution are trampled under Foot. The Crown, Sir, has a public and a private Revenue ; the public Revenue it receives as a Truftee for the Public; and the private Revenue it receives in its own Right. The public Revenue arifes from the hereditary and temporary Duties, and thefe are exprefly appropriated to particular Purpofes ; fo that the Crown is not a Truftee with a difcretionary Power, Day XL] Affairs of Irela^-d, 215 Power, but a Truftee, limited and prefcribed ; receiving the Mooey, merely to apply it for the Purpofes to which it is appropriated. The private Revenue arifes from the ancient Demefne Lands, from Forfeitures for Treafon, and Felony, Prifage of Wines, Light-Houfe Duties, and a fmall Part of the cafual Reve- nue, not granted by Parliament, and, in this, the Crown has the fame unlimitted Property that a Subjedt has in his own Freehold. Now, Sir, the private Revenue of the Crown, probably, does not amount to 7,000 /. a Year, io that the Penfions, amounting to 72,000/. a Year, include an illegal Appropriation of 65,000 /. a Year, of an unalienable Revenue, limitted to public Ufes, That the public Revenue is thus limitted, appears inconteftible, by the very Statutes on which the feveral Duties that conftitute it are raifed. The Grant of the Excife is faid, in the Pre- amble, to be for " Pay of the Army, and ** defraying other public Charges, in Defence ** and Prefervation of this Kingdom ;" the Grant of Tonnage and additional Poundage, *' for proteding the Trade of this Kingdom P3 at 2i6 Debates relative to the [Day XL " at Sea, and augmenting the public Reve- " nue 5" and the Grant of Hearth-Money, as " a public Revenue for public Charges and *' Expences." This Grant of Hearth-Money was made in lieu of the Irijh Court of Wards , in which the Crown had private Property ; and on which Penfions had been charged ; and, there- fore, the Legiflature, apprehending that thofe to whom thefe Penfions had been paid, might endeavour to obtain them out of this new Revenue, was not content that they fhould only be 'voidable by the general Appropriati- on of the Grant in the Preamble, but added a Claufe, exprefly enabling, that all fuch Penfi- ons fhould be void ; enabling the Court of Ex- chequer, in a fummary Way, to compell the Grantee to re-pay all the Penfion that Tiould be received, on Pretence of fuch Grant, and inflicting a Forfeiture of double the Value, on every Perfon, who fhould accept of fuch Pen- fion ; it mufl alfo be remarked, that the Claufe annulling Penfions contains no Excep- tion in Favour of Penfions granted as Re- wards for public Services; it is, therefore, manifefl, that the Legiflature did not confider fuch Penfions as Part of the public Charges -, if Day XL] Affairs of Ireland. 217 if they did, this Adl would be inconfiftent with itfelf. The A(fl for granting the Revenue of Ale- Licenfes, not mentioning the Ufes for which it was granted, in the Preamble, has reftrained the Crown from charging it with Penfions, by an exprefs Claufe. The Ad: granting the Revenue of ftrong Water, and Wine-Licences, was principally intended to regulate the Retail of thofe Li- quors, and not for the Income, which was fuppofed to be inconfiderable j therefore no Preamble was thought of, to declare the Ufes of it, nor any exprefs Claufe to guard it a- gainft Penfions ; yet, as there is nothing in. it that fhews an Intention of private Property, the Conftrudlion of this Ad: muft be govern- ed by the ufual Intention of fuch Grants, for this is the univerfal Pradtice, with Refpedl to Conftrudions in Law, as might be (liewn from a hundred Inftances. The Grant of Poundage Is manifeflly in- tended for public Ufes : It was originally granted in the i^xYioi Henry the IVth, to the military Fraternity of St George, for main- P 4 tain- 2i8 Debates relative to the [Day XI. iaining a military Force, in Defence of the Englifi Pale againjl Rebels : An Adt of the loth of of Henry the Vllth, recites, that the Tax had been converted by the Fraternity to private Ufes^ and, therefore, grants it to the Crown for five Years ; at the Expiration of this Term it was made perpetual by the Ad: now in Force. The IriJJj Quit-rents, and Crown-rents, were referved on Grants of Lands, in which the Crown had a private Property, and, therefore, thefe Rents were originally the private Property of the Crown, but, by the Englijh A(ft of the nth and 12th of King William the Hid. it is enaded " that thefe " Rents flialiy£>r ever be for the Maintainance *^ of the Government of Ireland y and that all *' Penfions fince the 13th of February 1688, " charged or to be charged thereon, fhould " be void." Now, it cannot be argued, that the exprefs Exclufion of Penfions proves them not to be excluded by the general Appropria- tion of the Duty ; becaufe, though the ex- prefs Appropriation of the Duty, does ex- clude them, an exprefs Claufe, was, notwith- {landing, necefifary for two Purpofes ; one was, that Penfions which would other wife have Day XI.] Affairs of Ik-el A^v>, 219 have been only 'voidable , might be void-, and the other, that Penfions, granted between the 1 3 th of February 1688, and the Time of mak- ing the Ad might be null, which might other- wife have been deemed valid. It muft alfo be obferved here, that this Adt, like that an- nulling Penfions on the Hearth-money, makes no Exception in favour of thofe fuppofed to be granted for public Service ; fo that fuch Penfions cannot be pretended to be for the Maintenance of Government. It alfo appears that the Legiflatures, both of England and Ireland^ wifely forefaw, that an Exception, in Favour of Penfions, grounded on public Me- rit, would be abufed, by Servants of the Crown, and Mifleaders of the People j and it is manifefl, that charging the Revenue of Ire^ land with Penfions, is contrary to the Inten- tion of both Legiflatures, in other Words is contrary to Law, This Fadt, once eftablifhed, totally pre- cludes all that might be offered on the other Side, yet, I cannot help obferving, that one Argument, in particular, in Favour of Pen- fions \%felo-de-fe ; it is faid, that Penfions are ufeful for maintaining the Dignity of the Crown J if fo, no Penfion fhould be grant- ed 220 Debates relative to the [Day XI. cd for Lives, or Years, either in Pofleffion, or Reverfion, becaufe fuch Grant tends to lefTen the Dignity of the Crown in fucceed- ing Reigns; fome new Kind of Sophiftry, muft, therefore, be invented to frame a plau- fible Apology for the Advifers of fuch Pen- fions. I think, Sir, it would now be unneceflary to take Notice of a Letter, faid to have been written by one of the Secretaries of State, concerning his Majefty's Intention, with Re- fped; to Penfions, even if it had come legally before us j I {hall, therefore, only obferve, that it promifes nothing ; it fays, as we have beei informed, by thofe who affecft to believe that it ought to preclude our prefcnt Enquiry, that Vtn^ions J or Lives or Tears, (hall not be grant- ed for the future, except on extraordinary Oc" cafions : Penfions, during Pleafure, therefore, are out of the Queftion ; and who but the Minifter is to judge of the Occafion, upon which Penfions are to be granted for Lives, or Years ? If the Minifter, Sir, fhall think fit to advife the granting fuch Penfion, for the fu- ture, he has nothing to do, but to pretend that the Occafion is extraordinary, to evade the Promife, in which we are now exhorted im- pii- Day XL] ^^fairsef Ireland. 221 plicitly to truft. Upon the whole, as the prefent Load of Penfions is ruinous in itlelf, as it is laid on, in Violation of the conftitutional Laws of the Kingdom, as the Acquiefcence, in fuch Violation, is a Breach of the Truil re- pofed in us, and totally repugnant to our higheft Intereft, and, as we have at prefent no effedual Promife of Redrefs, I humbly beg leave to move " That an humble Addrefs be prefented to to his Majefty, to reprefent, in the moft du- tiful Terms, that the Debt of this Kingdom is become very great. That the Penfions, now in being, that have been placed on the Eftablifhments of this Kingdom, are one of the Caufes of the Increafe of the public Debt. That thofe Penfions have been paid, and con- tinue to be paid, out of all the Revenues of this Kingdom without Diflindlion. That it appears to this Houfe to be worthy of his Majefty's Royal Confideration, whether the Grants that have been made of thofc Pen- fions, are agreeable to, or warranted by the Laws of Kingdom, and whether the Reve- nues of the Crown that have been given for public Ufes, ought, or can by Law, be applied to Penfions : And, therefore, moft hum- 22 2 Debates relative to the [Day XI, humbly to befeech his Majefty, to order it to be made known, as his Majefty's Royal Will and Command, to the Officers of the Trea- fury of this Kingdom, that no Part of the Revenues of Excife, Cuftoms, Poundage, Hearth- Money, Quit-Rents, Ale Licences, Wine, or Strong Water Licences, or of the additional Duties, granted or to be granted in this Kingdom, for any limited Term, be paid or applied to any Penlion, or Annuity, grant- ed, or to be granted, out of, or which may any ways charge, or affedl the faid Revenues of Excife, Cuftoms, Poundage, Hearth Money, Quit Rents, Ale Licences, Wine, and Strong Water Licences, and additional Duties, or any of the faid Revenues, till it fliall firfl be de- termined by a Court of Juftice, of compe- tent Jurifdiclion, that the Crown may grant Annuities, or Penfions, out of the faid Reve- nues J and that his Majefty may be graciouf- ly pleafed to give his Royal Orders to the Officers of the Treafury, that no Penfions be paid out of the faid Revenues, in any other Manner, than the Judgment, or Decree, of a Court of competent Jurifdi(5tion, (hall deter- mine to be juft, and agreeable to the Laws of this Kingdom; and that his Majefty may be gfacioully pleafed to order his Majefty's Ser- Day XI.] u4ffairs of Irel AN T>. 223 Servants of the Law in this Kingdom, to make that Defence, that the Laws of the Kingdom fhall warrant, to every Suit that (hall be commenced or carried on by any Pen- iioner or Annuitant, claiming any Part of the faid Revenues, till it (hall be judicloufly deter- mined, in the moft folemn Manner, and by the dernier refort, that the Crown may grant Penfions, or Annuities, out of the faid Reve- nues. That his Majefty's faithful Commons, neverthelefs, do by no Means intend, that the Crown fhall be deprived of the Means of re- warding Merit, or of conferring thofe Boun- ties, on proper Occafions, that the Honour and Dignity of the Crown may require : But that his Majefly's faithful Commons, on the contrary, will be ready to provide a Revenue, fuch as the Condition and Circumftances of this Kingdom fhall admit of, to enable the Crown to reward Merit, and, on proper Oc- cafions, to confer thofe Bounties that may be fuitable to the Honour and Dignity of the Crown, if it fhall be determined, that the pre- fent Revenues of the Crown, that have been given for Public Ufes, ought not to be applied to Penfions. Provided thefe Revenues be referved and applied to the Support of his Majeflv's Government in this Kingdom onlv." Mr 224 Debates relative to the [Day XI. Mr J— M— faid, that he did not pretend to go into the nice Difquilitions of the Law, or enter the Lifts with the worthy Member, who fpoke laft, fo juftly pre-eminent in the Profeffion ; but that he thought it his Duty, when he intended to oppofe a Meafure of fo great and upright a Man, to difclofe his own Sentiments as the Motives of his Condudt, however firmly he might be perfuaded they would have but little Influence upon others. Let us fuppofe, fays he, that the Houfe Ihould come into the Motion ; that the King, in confequence of it, fliould give Orders to his Servants, to fupport a Suit intended to inva- lidate his own Grants, and diftrefs the de- ferving, for feme fuch I think the honourable Gentleman has allowed to be in the Pen- fioners Lift: ; let us fuppofe, that after long litigation, at a vaft Expence to the Crown, and to the total Ruin of the Penfioners, the Grant ftiould be declared illegal, and invali- dated accordingly ; I apprehend that the Evil, refulting from fuch a Determination, would be greater than the Good ; it would immedi- ately injure the Prerogative of the Crown, and, confequently, would be hurtful to the Conftitution, of which the Crown is an eften- tial DavXI.] ^fatrs of Ireland 225 tial and confiderable Part. It is necelTary, in all Conftitutions, that the Regal Dignity fhould be fupported by a Power to reward as well as to punifh : It is furely, contrary to all Rules, as well as all Senfe of Right, and Wrong, that our amiable and beloved Sove- reign, who holds the Sword of Juftice in one Hand, fhould hold a barren Sceptre in the other. The two great Springs of all Adtion are Hope and Fear, and, where Fear only o- perates. Love can have no place j a People ftimulated only by Fear, however free, and, whatever Advantages of Government they may boaft, are in a worfe State than the Sub- jects of a Defpotic Prince ; Rewards and Pu- nifhments are allowed to be properly in the Hands of the Divine Being, w^hom Kings (liould be taught to imitate, and, in every State, it is as neceffary to ftimulate to fuch A(5lions as are beneficial to a Sta^e, as to de- ter from thofe which are hurtful : If Per- fons of great Merit become grey in the Ser- vice of their Country, muft they be difmifled to ftarve when they are capable of this Ser- vice no longer ? Or muft the Public fuffer by having them continued in Places of which they are unable to difcharge the Duty ? To continue them would be furely the moft ex* 226 Debates relative to the [Day Xf. expenfive Way of rewarding them ; and to difmifs them, unrewarded, would be little better than adopting the horrid Cuftom of the Indian Savages, who deftroy their Parent* when they grow old j upon the whole, con- lidering the prefent, juft, and gracious Dif- pofition of his Majefty, and the amiable Con- dudl of the Lord Lieutenant, with Refped to the Penfions on this Eftablifhment, I really think Reftridions are unnecefTary ; and, as I fhould be forry to render his Majefty's divine Charadteriflic of delighting to do Good in- effedual, I muft declare myfelf againft th* Motion. Mr R- I,-. Mr S , I am fo aftonidied. Sir, at what I have heard from the honourable Gentleman, wha fpoke laft, that I know not where to begin my Reply j becaufe it has been admitted, that two Perfons, who receive Penfions from this Eftablilhment are worthy, he fets out upon a Suppofition, that Penfions, in general, are the Reward of Merit, though they have been exprelly faid to be given for the Services firft. t)A,Y Xi.] u^Jairs of Ireland', 227 6f Vice, to Vice, to be a Superfluity added to Wealth, or, the Means of Luxury and Intem- perance, to Ignorance and Sloth > If^ upon the Principle, that it is better for ten guilty to e- fcape, than for one innocent to fufFer, he would infinuate, that all the Penfions fhould be continued, for the Sake of the few who deferve them, he muft, firfl, fhew, that the Fund propofed to be eftablidied for enabling the Crown to reward Merit, will be inade- quate to the Deferts of thofe few ; for, other- wife, there is no Neccflity for continuing Pen- fions to the unworthy, upon pretence, that they muft otherwife be taken from the defer- ving : Befides, Sir, if that was the Cafe, his Principle concludes direcflly againft him ; for many more innocent Perfons will fuffer, by the Continuation of Penfions, as they ftand at prefent, than by the total Annihilation of them all; by their Continuance, Sir, the whole Nation muft fuffer, as the honourable Gentleman, who made the Motion, has (liewn by his mafterly Addrefs, not to the Pafiions only, but the Underftanding. What then can the Gentleman mean, by fuppofing, that, an Enquiry into the Legality of thefe Grants, will reftrain the King's Power of doing Good ? Is the Gratification of a certain Number of Q^ fervll?' 228 Debates relative to the [Day XI. fervile, obfcure, vicious, idle, and voluptuous Wretches, at the Expence of a Nation, doing Good ? Will not his Majefly rejoice to be undeceived, and to have his Benevolence di- reded to its proper Objed: ? Would he not alfo be glad to have his Bounty kept within its proper Channel, rather than fufFered to overflow its Banks, and ruin the Country ? This Country, Sir, might eafily be made a bright Jewel in the BnfiJJo Crown, and, it is now able to contribute fomething to the ge- neral Stock J it may be faid. Sir, like the Bird in the Fable, to produce one golden Egg in a Day, but, if thofe who receive the gra- dual Tribute are impatient to feize the whole Treafure at its Source, they will fare, as the Peafant did, who ripped up his Bird, and fuf- fei by the fame Folly and Rapacity that de- flroyed their Benefactor. But, I am really, Sir, almoft afraid to follow the honourable Gentleman farther j he has told us, Sir, that, if the Grant of Penfions is illegal, it ought to be, notwithftanding, permitted, for fear of hurting the Prerogative. Is it the Preroga- tive of the Crown, Sir, to act contrary to Law ! And have we lived to hear this Prin- ciple advanced in an Irijh Houfe of Com- mons ! Upon this Occasion, my Humanity retrains JDay XL] Affairs of iR-E-LA-iiD. 229 reftrains me from making any Remark, and, I am fure, the Senfe of the Houfe muft ex- cufe me from a Reply. But, Sir, we have alfo been told, by a mofl: extraordinary De- du6lion of Argument, that if we do not fuffer ourfelves to fink under the prefenc exorbitant Load of Penfions, we ihall be in a worfe State than the Slaves of a Tyrant in Barbary ; dread- ful Dilemma, and aflonifhing Paradox ! but how is it made out ? Why, if we limit the Penfions, we fhall totally annihilate the King's iPower to reward Merit ; if we annihilate his Power to reward Merit, he can never excite Hope ; if he excites no Hope, he can adl only upon our Fear, and thofe, that are fti- hiulated only by Fear, are worfe off than Slaves in Barbary. If it is poffible to recoiled: myfelf, among all thefe Wonders, and fee my Way through this Confufion, let me afk, has the King of Great Britain no Source for the Rewardof Merit, but 7r//7:> Penfions ? Let us look round, and take a View of the Servants of the Crown, and their Servants, and the Servants of their Servants, in every Depart- ment j and, let us count their Numbers, and theValue of their Employments ; we iLall foon be convinced, that the Service of the State is moft abundantly its own reward j of how 0^2 many 230 Debates relathe to the [Day XI. many does the firft and principal Clafs con- fift, who, in general, are paid for doing no- thing ? And how much more numerous are the fubordinate Claffes that are paid for doing, what the others leave undone ? While all thefe lucrative Employments are in the Gift of the Crown, is Merit to go wholly un- rewarded, if we reduce our Penfions within the Limits of our Ability ? Is Merit to be wholly unrewarded, if our Vitals are not drained away for thofe who have no Merit at all ? Amazing Abfurdity ! But if our Penlions are reduced, and our Laws kept facred,worfe Confequences ftill follow ^ we are then to adl from no Motive but Fear, and, if fo, we are in a worfe State than Slaves in Barbary, It is fomewhat difficult to con- ceive, what makes the State of the Subjedls of Morocco deplorable, if it is not a (lavilli Subie(ftion from a principal of Fear ; and, if it iS;, there cannot be lefs Difficulty in conceiving Jiow our State can become worfe, fuppofing the fame Effe<ft to be produced among us, from the fame Caufe ; but is that honourable Gen- tleman now to learn, that, in Barbary^ the Innocent are not exempted from that Fear, which in Britai?i can only operate upon the Guilty? Will any Man in Britain fear that his Day XI. J j^Jairs of Ireland. 231 his Property fhould be arbitrarily feized by a Creature of Power, that his Perfon fhould be ill treated, or his Family turned into the Street, by the brutal and capricious Difplea- fure of fome Delegate of Defpotifm, of whom he does not dare to complain ? Will honeft Induftry be brought under the Fear of thefe Evils, by a Limitation of IriJ/j Penfions, or a Defence of our Conftitution, againft illegal Demands ? Of what, Sir, are we to live in fear ? In Britain we can fear nothing, but Punilliment for breaking the Law j if we do not fuffer that Law, which is equally the Safeguard of the Innocent, and the Scourge of the Guilty, to be rendered ineffedlual, and broken with Impunity. While we ad: in a fleady Conformity to our public and private Duties, we may fet Power at defiance, and live facred from the Fear that makes Slaves, in Barbary, wretched, though not one Far- thing fhould be paid, in Penfions, from this Time for ever. But this Gentleman has aflced, whether thofe who have grown grey, in the public Service, are to be left to flarve, when they can ferve the Public no longer ? Let me alk, in my turn, has this Gentleman never heard of Employments being executed by Deputies ; if a Deputy is admitted when Q 3 ^^^ 232 Debates relative to the [Day XI, the Incumbent is able, can he fuppofe a De- puty will not be permitted, when the Incum- bent has furvived his Ability ? He afks, mufl the Public be injured, by continuing Perfons in Office, whom Age has rendered unable to perform their Duty ? And, I afk, is the Pub- he injured by putting thofe into Office who were never able to perform their Duty at all 3 when the Service is conftantly exa<fled from thofe whom the Public pays for performing it, and when none are appointed to receive this Pay of the Public, but thofe who are able to perform the Service effedually, for which it is allotted, it will then be time enough to confider of Expedients, for rewarding the paft Services of thofe who are difabled from future. I fholild be forry to impute the very extraordinary Things, which, that honour- able Gentleman has thought fit to drop in this AlTembly, to the leaft favourable Caufe ; but J folemnly declare, they appear to me to be of fuch a Nature, that I do not know whether it is more to his Difadvantage, to fuppofe, that he does or does not believe what he has advanced ; however, as he has thought fit to declare, that he would not oppofe the Motion, without Reafon, I hope he will now fee no Reafon to oppofe it, at leaft, no Reafon a- gainfl Day XI.] Affairs of Ireland. 233 gainft providing fome Remedy for the Evil which it was intended to remove. Mr J — D — fpoke next, againft the Mo- tion, but his Speech confifted chiefly of fome nice Diftindions between the Statute and Common Law, which he flated with great Force and Perfpicuity. Mr J-— G— , the S. G. Mr S , However prejudicial I may think the en^ creafe of Penfions to this Kingdom, I muft confefs, that the Method propofed by the honourable and learned Gentleman, as a Re- medy, is fuch as I fhall oppofe, with as ftrong a Conviction of its Impropriety, as of any Meafure that has hitherto come to my Know- ledge. In the firft Place, Sir, I fhould be very forry to admit, that the Conftitutional Power of this Houfe was fo inconfiderable, as to require Affiftance from a Court of Law, to remedy a fuppofed Grievance, with Refpecft to the Difpofil of public Money j fuch Affif- tance is wholly unprecedented, and totally inconfiftent with an Opinion of great Im- portance, hitherto uncontroverted, that the Q 4 lioulc I 234 Debates relative to the [Day XI. Houfe has a Power within itfelf, adequate to the Purpofe. I miift alfo obferve, that, among the manyl Prerogatives with which the Crown is confti-J tutionally invefced, that of difpofing of thej pubhc Money, when depofited as an aggre- gate Fund, in the Treafury, is one : Th( Crown is retrained, in the Difpofal ofpubHc' Money, only with Relped: to fuch Duties as are, by Adt of Parhament, exprelly appropri- ated to fome feparate and particular Ufe, without being brought to fuch aggregate Fund. There muft be, in fome Part of the Legilla- ture, an executive and dire(5ling Power, and, in our Conftitution, this Power is well known to be lodged in the King : It is alfo well known, that, to prevent the Abufe of this Power, it is made liable to the immediate in- fpedion, and controul, of the other Parts of the Legillature, particularly of this Houfe; |f the Crown is intrufted with the Power of ;naking Peace and War, railing and diiband- ing Armies, building Fortifications, and Ships, for the Defence of the State, creating fuch new Employments as may be thought necef- fary for its Service, and rewarding public Me- pt, to ftimulate others to deferve Reward j furely ■Day XL] Affairs, of Ireland. 235 furely the Power of doing thefe Thing? would be nugatory, and iniignificant, if the Means of exerting it were not in the fame Hands j it would, indeed, be a mere nominal, not an adual Power j in other Words, it would be no Power at all j for, in what Senfe can the King be fald to have a Power of raif- ing an Army, or creating an Employment, if he has not the Power of appointing the Sums, neceffary for thofe Purpofes, to be paid out of the Treafury ? This Power is difcretionary, but it is under controul, as I have before ob- ferved, fo that the Crown muft be confidered as a Truftee for the Public, with Refpe(3: to the public Money, and, though intrufted with the Application, yet accountable for it : But, I defire it may be underftood, tJiat, when I mention the Crown, I mean the Servants of the Crown, for, it is an inviolable Maxim, that the King can do no Wrong. Now Penfions, Sir, I think, muft be confidered as Expences neceffary for carrying on Government, and there are two Ways by which they may be if- fued, one is by Patent, under the great Seal, for Lives, or Years ; the other, by the King'-s Letters, under the Privy Seal : Both thefe Ads are carried into Execution by the King's Servants, who are all accountable to this 236 Debates relative to the [Day XL this Houfe, whenever it fhall think proper to make an Enquiry into their Condud:, with Refped: to the Application of pubHc Money ; and, without the Forms, by which the Offi- cers, who ad in fuch Apphcation, are afcer- tained, no Money can be legally iiTued : It happened, in KingWilliam's Time, that there w;as a fmall Overplus, in the Hands of Lord Falkland^ firft Lord of the Admiralty, and, that the King wrote to him for it, upon which' it was fent. But the Parliament thought him fo blameable for paying the Money, without , | tlie Warrant for its having gone through the proper Offices, that they were very near ex- pelling him. It appears, therefore, I think, with the ftrongeft Evidence, that this Houfe has, in itfelf,, a fufficient Power to prevent the M if- application of public Money, and to call the great Officers of the Crown to account for it, if it has been mif-applied. It can effeduf ally prevent the Mif-application of it, by flop- ping the Supplies j and this was adually done in the Year 1703, for, though but few Penii- ons were then granted, yet two of them were fo improper, that the Houfe difcontinued them. As this Houfe, therefore, is able to prevent the Abufe of the Power of rewarding pafl Services, and Sufferings, which the Crowft Pay XI.] ^Jairs of Ire LAKD. 237 .Crown has ever claimed, and exercifed, and which appears to be eiTentially necefl'ary to Government, it feems to me wholly unac- countable, and unreafonable, to bring this Power into Queftion, merely upon Pretence, that it has been abufed. If the King, Sir, fliould pardon every Felon, that is capitally convidled, can it be concluded, that he has, therefore, no Power to pardon Felony ? The long Pradice of the Crown to grant Penfions, is, alone, a ftrong Prefumption of its Legali- ty : Penfions were granted fo long ago as the Reign of Henry the Vlllth, and, from that Hour to this, the Pov/er of granting them has never been called in Queftion, though the Abufe of it has been frequently the Subjed: of Complaint, and, at a Time, when there has been the ftrongeft Difpofition to catch at e- yery Thing that might reftrain the Preroga- tive. But, Sir, the Condud of this Houfe furniflies more than negative Proof, that the Grant of Penfions is legal. Penfions, Sir, have been made fubjed: to a Tax of Six-pence in the Pound, but, if they were confidered by this Houfe as illegal, they could not be legally taxed. Befides, Sir, I do not fee by what Rules of Conftrudion, Penfions, in Reward of paft Services, can be ftiewn not to be in- clud- 2^8 Debates relative to the [Day XI. eluded in the Words public Charges^ or the necejfary Support of Government -, if they can- not, the granting them is authorized by the very Ad:s of Supply. The Preamble of the Adts of Excife, and the additional Tonnage, and Poundage, exprefs that thofe Duties are granted for certain Purpofes of public Utility, and defrayi?ig other public Charges. In the Preamble to the A6t, by which Hearth- Mo- ney was inftituted, on the abolishing of the I- rifi Court of Wards, and, in that, for Ale-Li- cences, thofe Duties, being faid to be for pub- lic Charges and Expences^ are fecured from be- ing hable to Penfions, by an exprefs Claufe : Now, Sir, if the Words, which fubmitted them to public Charges, and Expences, did not make them liable to Penfions, why were Penfions expreily excepted ? I know we have been told, that this Exception was made ex- prefsly, becaufe it was apprehended that thofe who had Penfions, on the Court of Wards, and loft them on its Abolition, would apply for Pvcdrefs out of thefe new Duties ? but, does the Application make any Differ- ence in the Thing applied for ? If the Crown had not a Pov/er to grant thefe Penfioners Redrefs by the Ad:, did their Defire to be re- drefTed, make it nccelTary to fortify the Adi vi^ith Day XL] ^Jkirs of Ireland. 2%g with new Power againft them ? The Crown either had, or had not, a legal Power, to grant them Penfions out of thefe new Duties j if it had, the Words public Charges includes Pen- fions ; if it had not, the Exception was re- dundant and abfurd : It is faid, indeed, that it was added to render fuch Penfions not only 'voidable y but void -^ but who can imagine, Sir, that the Legiilature was then fo fhort fighted as to fee only a fingle Spot of the Objedl be- fore them ? Who can imagine, that, for the fake of rendering 'void, what was already 'Voidable, they would eftablifh the Conftrudi- on of all Ads in which Penfions were not exprefsly guarded againft, in fuch a Senfe as to include the Power of granting Penfions ? TheLegiflature knew that all Ads had always been fo conftrued, whether right or wrong, and, if they had intended effedually to prevent Penfions in general, they would not have ex- cepted them, by a particular Claufe, in a parti- cular Ad, which would, by the ftrongeft Im- plication, render the Duties granted by all o- ther Ads liable to them. I need not tell the honourable Gentleman, who made the Mo- tion, that the common Law confifts of Cuf- toms and Ufages, of long Prefcription, and that no Right, claimed by common Law, can 240 Debates relative to the [Day Xf, can ceafe, except it Is exprefsly taken away by Statute. Now, Sir, I have proved, that the Crown has a Right, by common Law, to grant Penlions out of the aggregate Sum, paid, by Duties, into the Treafury, becaufe the Crown has done it prefcriptively for Time immemorial ; and it is incumbent, upon the honourable Gentleman, to prove, that this Right is taken away exprefsly, except by the particular Claufes of the particular A6ts juft mentioned ; there is no need to prove that the Words for ptilf tic Charges, give this Pow- er, but only, that neither they, nor any other Words in thofe Ad:s, where Penfions are not excepted, take it away. Why Penfions were exprefbly prohibited^ in particular Statutes, it is not my Bufinefs to enquire j for the Duties, granted by thofe Ads, are out of the Queftl- on } but it may reafonably be fuppofed, that the Court of Wards was entirely given in Pen- lions, and that the Money was paid away to the Claimants, before it came into the Exche- quer, with other Particulars of Abufc, and Mifmanagement, which made the Exception more expedient in that Statute than in others. But let us admit, that the Meafure, propo- fed by the Motion, was not incongruous, nor im- DayXI.] L^/^/rj c/ Ireland.' 241 improper in itfelf, it is ftill certain that the Execution of it would be attended with in- fuperable Difficulty, and produce the mofl aggravated Diftrefs. It has been admitted, that there are fome Perfons of Merit on the Peniloner's Lift j and, it cannot be denied, that there are aifo fome Noblemen, who have no other Support, and that, as the Peerage conftitutes one third of the Legiflature, it ought to be fupported. Many Perfons, too, who have obtained Penfions by their Merit, have, by the Neceffity of their Affairs, been obliged to fell them, for a valuable Confidera- tion, to others ; the PolTeffors of Penfions have all formed Habits of Life, proportioned to their Incomes, which they had the greateft R^afon to think permanent and fecure, for the Life, or the Term, on which they were grant- ed. Now, Sir, if fuch a Suit is commenced as the Motion propofes, the immediate Con- fequence will be, that the Payment of all thcfe Penfions muft be ftopped, till its De- termination, which, as the Suit would be of a very nice and complicated Nature, would probably be a great Number of Years, efpe- cially, as the Crown will be under no diffi- culty in carrying it on, whatever may be the Expence, and will certainly carry it through all the 242 Debates relative to the [Da y Xli the Courts by appeal ; let us now confider^J a Moment, the Diftrels that will inftantly anc inevitably follow our agreeing to this Motion what Numbers will, at one fudden Stroke, be reduced from a State of Comfort, and Conve« nience, to a Want even of Bread, Perfonsj who have no Means of fupplying themfelvesi with the NecelTaries of Life, having beei taught no manual Art, and having neither the Knowledge, nor the Money, necefiary to Trade ; Perfons who have not been ufed to flruggle with Adverlity ; Women that mufl perifli with Penury and Anguifli -, Children thiit muft be left to the Storms of Life, with- out Shelter or Protection. What mufl be- come of the hoary Veteran, after a long Life fpent in the public Service ? What muft be- come of the honeftAllignee, who, perhapSjhas* laid out the v/hole Product of long Labour, Diligence; and Lidufcry, in the Purchafe of a Penfion ? And what muft become of thofe to whom thefe Perfons are indebted, whofe only Security was the Penfion, and many of whofe Subfiftence depends upon the Sum that they are to receive at Quarter-Day r I expert an Anfwer to thefe Queftions, not from the Un- derftanding only, but the Humanity of thofe that hear me, and, as I think, I have proved^ fi;ft. Dav XL] Affairs of Ireland." ^43 firft, that the Crown has a Right to grant Penfions out of the aggregate Fund, paid into the Treafury ; fecondly, that this Houfe has a Right, and a Power, inherent in itfelf, to re- ftrain them when exorbitant j and, thirdly, that it would be cruel, and injurious, inftantly to fufpend the Payment of thofe already granted. I hope no Gentleman prefent will think it expedient to call this Power of the Crown into Queftion ; to have Recourfe to a Court of Law for Redrefs, which is in their own Power 5 or to fufpend the Payment of all the Penfions, now granted, till fuch Suit is de- termined J and, if not, they muft give their Voices, with me, againft the Motion, as a moft extraordinary, unprecedented^ and unconftitu- tional Meafure. Mr T%— B — then got up, and faid, that he could not help adding one Obfervation to the many that had been juft made, by the learned Gentleman, againft the Motion : He faid, that the commencing a Suit, and obli- ging the Crown to defend the Validity of its own Grants, in a Court of Law, might raife very dangerous Sufpicions, and Doubts, in the Minds of the lower Clafs of People, who might, too probably, infer, that the Proceed- R inss 244 Debates relative to the [Day XI] ings of Government were unwarrantable an< unftable, at a Time when they feemed al* moft univerfally difpofed to doubt the Vali- dity of the Laws, and difpute their Executi-i on ; he added, that he underftood that the Suit, propofed by the Motion, would be of Difadvantage, to every Clafs of People, except the Gentlemen of the Law. Mr J— Fitz-G — replied, that no Ap- prehenfion of any Irregularity, which might be committed by an unthinking and mifguid- ed Populace, ought to intimidate that Houfe from doing its Duty, or prevent an Enquiry into any Practice, concerning the Legality of which there was the lead Doubt : He added, alfo, that, in his Opinion, the moft effedual Way of preventing fuch Irregularities, and quieting the Minds of the People, was, to fhew a proper Zeal and Activity in redreffing Grievances of every Kind. That, as to the Hint, with Refpedl to the Gentlemen of the Law, it did not, in the leaft, touch him, for he declared, he fhould never be Counfel for a Penfioner, and, he was very well perfuaded, he iliould not be employed on the other Side of the Queifion. Mr Day XL] Jffairs of Ireland. 245 Mr H— JF— . MrS , I have attended very diligently, Sir, to the Arguments of the learned and honourable Gentleman, who firfl fpoke againfl the Moti- on, and, I think, his Objedlions may be redu- ced to three Heads ; firft, that the King has ia Pov^er over the public Money, paid as an aggregate Sum into the Treafury, by com- mon Lav/ ; or, if he has not fuch Right, by common Law, he derives it from general Words, in the Preambles of the Statutes, for laying certain Duties refpedively, except where Penfions are exprefsly excluded : Se- condly, that this Power is under the Controul of Parliament, and, therefore, we have no need to have recourfe to a Court of Law : And, thirdly, that the Suit propofed will greatly diftrefs many Individuals, fome of whom have deferved their Emoluments. Now, Sir, notwithftanding what that Gentle- man has faid, the Right of the Crown to grant Penfions indifcriminately, out of all Branches of the Revenue, not exprefsly excepted, whe- ther by common Law, or by general Terms, R 2 ia 246 Debates relative to the [Day XI, in the Preambles of the Statutes themfelves, is a Queftion about which Gentlemen, of equal Learning and Ability, have formed Judg- ments diametrically oppofite to each other : Some have decided in the Affirmative, fome in the Negative : It follows, therefore, that whether thefe Grants of the Crown are, or are ijot legalj is uncertain ; and, I think, it is an uncertainty under which we fhould not fit down, in a fupine Indifference, and negligent Content. Does it become that Part of the Legiflature, which was conftituted as a Bar- rier to the Liberties of the People, againft Encroachments of the Prerogative, to fuffer a Pradice, of fo much Moment to the Pub- lic, to continue, while it remains doubtful, whether, befides its pernicious Confequences, it is not, radically, a Breach of our Conftituti- on ? But how. Sir, is this great Queftion to be authoritatively decided? Surely in the Manner which the Conftitution has prefcrib- ed ; and, what is this Manner, Sir, but a re- gular Procefs in our Courts of Law, where all Queftions of Right, from the leafl to the greatefl:, are, and can only, be decided : It Is true. Sir, that this Houfe can controul the Power in Queftion, fuppofing it to be legal, and we do not apply to a Court of Law to do this DayXI-I ]/^ffmrs of Ireland. 247 this for us, as has been infinuated under the fccond Head j no. Sir, we apply to a Court of Law, not to controul this Power, but con- ftitutionally, and finally, to determine whe- ther it exifts; this Determination, Sir, we are not qualified to make, and, upon this, the whole Matter fundamentally depends. Our checking this Power, only when it produces fecondary and collateral Evils, does not take the Grievance at its Root. Are we. Sir, to fuffer a Pra«ftice, that is thought to infringe GUI Ccnili ution, becaufe we have a Power of preventing fuch Mifchiefs as it might do, fup- pofing it to be Conftitutional ? Let the Law, which alone can, determine whether the Pradlice in Queflion is legal 5 if this Determi- nation is in the Affirmative, let us exert the Power, inherent in us, to regulate and reftrain it: Far be it from me to think of applying to a Court of Law for this Purpofe ; but, if the Determination is in the Negative, we fliall fall by our own Hand, with all the Guilt and Folly of Suicide, by fuffering this Pradice at all. Under the third Head, Sir, the honour- able Gentleman has expatiated, with great E- loquence, on the Diftrefs, which will be brought upon particular Perfons, by the Suit propofed. As I fhould be very forry to reprefs R 3 the 248 Debates relative to the [Day XI, the Emotions of Pity in any Breaft, or be thought not to feel them in my own, I mud declare, that I think, on this Occafion, they ought to be indulged, and that we ought to adt wholly in Conformity to them, bui then let our Pity be directed to its proper Ob jed: : The Affairs of Mankind, in this imper*^ fe(^ and mixed State of Things, are fo cir cumftanced, that our befl Wifdom, and mo extenfive Benevolence, can only chufe the lea of two Evils ; in the Cafe before us, we havi the Penfioners on one Side, and the Natio on the other. Can it be ferioufly afked which {hould be preferred ? Can it be pre- tended that we ought to incur a public Debt that we can never pay ? that the Faces of the Poor ought to be ground by new Taxes ? that our Conftitution is to be infringed, and the Privileges, which our Fore-fathers purchafed, not only with their Treafure, but with their Blood, are to be given away, rather than a handfull of People fhall be deprived of Pen- sions, to which the greateft Number of them have no equitable Right, and which, there- fore, they ought never to have had ? Our Anceftors, Sir, voluntarily fuffered DiftrefTes, at leaft equal to what thefe. Perfons will fuf- fer^ to fee u re to us what we now feem (q readj Day XL] Affairs of Ireland. 249 ready to give up with a Cruelty to the many, difguifed under the Mafk of Pity to a few, merely to make our own Court, and pay a Complement to minifterial ,Power. We have been afked, what is to become of the hoary Veteran, of the penlioned Lord, and the ho- neft Aflignee ? I might reply, by another Queftion, what is to become of the blamelefs, but laborious Peafant, of the honefl: induftri- ous Trader, and the ingenious Artificer, whofe Welfare is the Welfare of the State ? But I am under no Neceffity of reducing the Debate to a Dilemma, for, though the Evils of the Public, incurred in Favour of the Pen- fions, would be irremediable, yet the Evils incurred by the Penfioners (1 mean thofe who ought to continue fo) in Favour of the Public, are not without Remedy : Gentlemen feem to forget, that the very Motion which propofes the Suit that is complained of with fuch Pathos of Compaflion, and oppofed with fuch Ardour of Refentment, propofes al fo, to eftablifh a fufficient Fund upon conftituti- onal Principles, for the Pifplay of Royal Bounty, and the Reward of indigent Merit. I would not reply, too minutely, to all that the the worthy Member has thrown out, in the Torrent of his Eloquence ; I fliall not, there- R 4 fore, 250 Debates relative to the [Day XI, fore, obferve, that the Folly of thofe who lay out all the Fruit of long and laborious Induf- try, in the Purchafe of a Penfion, for the Life of another, or for a Term that they may pof- libly furvive, cannot but leffen our Pity for their Diftrefs 5 nor is this, fimply. Folly, if fuch Purchafers have a Family which depends upon what they have been able to lay up for their future Support j it is then a criminal Inat- tention to thofe who have the ftrongeft and tendered Claim to their Regard, and he that negleds to provide for his own Houfe, by flaking his whole Subftance on the Life of a- nother, or the Expiration of a Term, is fure- ly, as the Scriptures have exprelTed it, wo^-fe than an Infidel. Upon the whole, Sir, I de- clare myfelf a Friend both to Juftice and to Mercy, and, in both Charaders, I fhall give my Voice in Favour of the Motion. Mr F- r— the A. G, Mr S— ^, I ftand up, Sir, to declare myfelf of the fame Opinion with the honourable Gentle- man, v/ho fpoke laft againft the Motion, with Refpedt to the Power of the Crown, to charge Pay XL j^fairs of Ireland, 251 charge the Money brought into the Treafury with Penfions arifing from the Words of the Preambles of the Statutes, by which, the fe- veral Duties were laid ; but I am farther of Opinion, that the Crown has this Power, with Refpect to Duties raifed by the very Statutes, that declare them exprefsly not chargeable with Penfions j for I am of Opinion, that the barring Claufes, with Re- fped: to the Hearth Money, and Ale Licences, can alFedt them only before they are brought into the Treafury, and that the Moment they become Part of the Aggregate Fund, they are, indifcriminately, a Supply for the Exigencies of Government, and its fupport : I believe, Sir, it was never known, that Orders were iffued on one particular Duty, rather than a- nother j or, that any Diftindion between the feveral Duties was ever kept up j receiving Money by Exchequer Tallies in Tranfience, as it is called, that is, before it comes into the Treafury, may, indeed, be of very bad Con- fequence, by preventing the Affairs of the Treafury from being properly conduced, and a Sum fufficient for an Emergency, from being kept always in it ; and for this Reafon, and this alone, I apprehend the Claufe was added, in fome particular Statutes, to bar the Charge 252 Debates relative to the [Day XI. Charge of Penfions, for when once the Duties were paid in, they had relation to a particular Adl no longer. The executive Power muft be lodged fomewhere, and, if it is taken out of the King's Hand, I do not know with what other Part of the Legiilature, confiftent with Law, and the Conftitution, it can be trufted. The Difficulties and Difad vantages, attending the Scheme propofed, have been fo juilly enumerated, and fo forcibly urged, by the learned Gentleman, who fpoke laft, a- gainfl: the Motion, that I fhall fay nothing of them J but I cannot help taking fome Notice of what has been faid in Reply : Gentlemen feem to think, that a very important Article, in Favour of the Motion, has been unfairly overlooked, and have in lifted much on the Conftituticnal Fund, that has been offered for the Payment of Penfions, in lieu of fuch Revenues as are to be refcued from the har- py Claws of miniflerial Power : Now, Sir, I really think that the Appropriation of that very Fund, exclufively to fuch a Purpofe, is one of the many Evils of which this Motion would be produdlive. It has beenjuflly ob- ferved. Sir, that as the Affair flands at pre- fent, this Houfe has a Power of reflraining Penfions, not only, when they are exceflive, but Day XI.] j4ffat'rs of Ireland. 253 but when they are improperly applied, and,an Inftance has been given of the Exertion of this Power, with Refpedt to two Penfions in the Year 1703. But if this boafted Fund is eftabliflied, it muft be upon the Ruins of this conftitutional and important Power ; this Fund will be abfolutely a Privy Purfe, and the Crown, or rather the Minifter, may difr pofe of it as fhali beft fuit with the moft cor- rupt and pernicious Views, without being liable to be called to an Account by this Houfe, which will no longer be a Check upon this dangerous Part of his Power. It will be a total Diminution of the Public Stock, and an irrecoverable Alienation of public Pro- perty. I muft alfo confirm what my ho- nourable Friend has faid, about the Difficul- ties and Delays of a Suit, carried on againft the Crown ; it might eafily be proved, by many Fadts j but, I remember, one in particu- lar, which I fhall beg leave to relate. A Perfon had a Demand upon the Government for a very confiderable Sum of Money, which it not being convenient immediately to pay, he got a Grant of five and twenty thoufand Pounds a Year, till his Debt (hould be dif- charged ; but a Suit was commenced againft him 254 Debates relative to the [Day XI. him in Lord Chancellor Sojners's Time, to prove that the Grant \ :s invalid ; this Suit was determined in his Fa', our, and the Grant confirmed, but an Appeal being lodged to the Exchequer Chamber, the Decree was revtrfed, and it never went further. Here Mr F/Zx-G— got up, and faid, that he muft beg his Pardon for that, the £rfl Decree was confirmed in the Houle of Lords. Mr P— T— the A. G. replied, he was fure it muft be fo, if that learned Gentleman affirmed it, but that he had never heard it before, and he concluded his Speech by giv- ing fome other Inftances of Expence and De- lay attending Suits againft the Crown. MrJ— H— H— , theP. S. MrS , It is always with the greateft Reludance that I differ from the honourable and very learned Gentleman who m^ade the Motion, and whom I have always confidered as a fhining Ornament of his ProfefTion, and yet I muft freely confefs, that the Motion is (o extraordinary, that it furprizes me in the great- Day XI.] Affain of Ireland. 255 greateft Degree. I confefs, that I am not con- vinced by nny Thing that has been faid by him, or any other Gentleman on the fame Side of the Queftion, of the Expediency of our hav- ing recourfe to a Court, to determine whe- ther the Sums that we have granted are legal- ly applied ; I think, by this Meafure, we fhall be both injured and degraded j we fhall be degraded by fubmitting to an inferiour De- cifion, and we fhall be injured, by lofmg our undoubted Right of determining Queflions of the fame Kind for Ourfelves. It has been faid, Sir, thai the Court of Law can only determine, whether the Crown can legally grant Penfions out of our Revenue, and that we do not apply to a Court of Law to know what Penfions the Crown fhall grant, if it can legally grant them. But, I am clearly of Opinion, that this Houfe, whofe peculiar Province it is to grant Supplies, and after- wards to fee that they are properly laid out, has a Right to determine what is and what is net lawful, with Refped to thofe Supplies. If we think the Crown ads illegally, in ap- propriating the Supplies to the Payment of Penfions, have we not a Power of cutting: of^" thofe Supplies at the Root ? and can we not infifl on Reformation, with Refped: to what 256 Debates relative to the [Day XL what has been done, as well as Conditions for the future ? are we ignorant that there are fuch Things as A(5ts of Refumption ? or that fuch Ads were palTed, even in the Time of our great Deliverer King William '? We have been told of our Conftitutional Power, we feem to know it, and we are flaewing a Spi- rit that ought to ad: by the Exertion of it, and yet, by fome ftrange Infatuation, we are driven to take a moft unaccountable and unprecedented Meafure, by which this Spi- rit will be mifled, and this Power eventually denied and renounced. But if the Meafure propofed was not pernicious in itfelf, furely it is ill-timed 5 the Attention, and good In- clination of our amiable, humane, and noble- minded Lord Lieutenant, have brought about for this Country, what all our Refolutions, expreffed in the flrongeft Terms, could not do, I mean the Attention of his Majefty, to this Grievance, as appears by his Letter; and have we not the greateft Reafon to exped fome Fruit from fo promifing a Bud ? If his Excellency has been fo humane as to inform his Majeily of our Complaint, while he is 3'et among us, with fo happy a Dawn of Suc- cefs, what may we not exped from fo kind, fo zealous, fo able an Advocate, when he re- turns Day XL] Affairs 0/ Ireland. 257 turns into the Royal Prelence ? And what may we not exped: from fo amiable, fo gra- cious, and fo illuftrious a Prince, whofe prin- cipal Objed: is the Happinefs of his People ? At this Time, furely, we have fufficient Caufe rather to Hope than to Fear j rather to repofe in the pleafing Profpeift before us, than to flimulate each other to a Meafure in the higheft Degree rafh, violent, and injurious ; every Thing, furely, is better than a Law-fuit, the Inconvenience, Confufion, and Diftrefs of which muft be great, in proportion to the greatnefs of the Grievance complained of, which we have Reafon to hope will be re- dreffed in another Way. The greater the Number of Penlioners, and the greater the Sums they receive, the more extenfive the Diftrefs, and the more compHcated the Suit, The Suit, indeed, will be a Jumble of all Interefts, Clafles, and Charaders ; King, Parliament, Penfioners, Judges, and Lawyers, will all be in conteft together ; the Pen- fioners alone will include all Countries, and ClafTes ; and all their Families, Dependants, and Creditors, with all the Families of fuch Creditors, and Dependants, will be involved ; and, at laft, what is all this Buflle, and Confu- sion, and Diftrefs to do ? Why, it is to weaken the 258 Debates relative to the [Day X!. the Hands of the Crown, at a Time, when they moft need to be ftrengthened ^ when the Regal Authority, and all Commiffions under it, are defpifed, and trampled upon ; when the Law is fet at nought, and a Spirit of Con- tumacy and Rebellion univerfally prevails j when all Subordination and Reftraint is call off, even in our Capital, where the public Peace is perpetually difturbed by Licenciouf- nefs and Riot, and Murder is ftaining the Streets with Blood. At this Time, furely, the Legiflative Powers fhould unite againft the common Enemy, whom our Difcontcnts and Divifions muft encourage and counte- nance, and for all thefe Reafons, and many others that have been urged, and fupported by the honourable Gentlemen, who have fpoken on the fame Side, I declare myfelf ftrongly againft the Motion. Mr £— 5— P— . MrS^ I am forry to fay. Sir, that I have been more mortified and aftoni(hed at what I have heard, during this Debate, than I ever was in my Life, particularly from the honourable Gen- t)AY XL] Affairs in Ireland. 2^9 Gentleman who fpoke lafl. We have, In the feme Breath, been admoniflied againft ra(h and violent Meafures, and urged to cut off the whole Supply granted to the Crown, be- caufe we think Part of it mifapplied 5 we have heard a pompous Encomium on our Dignity, and, at the fame Time, have been re- prefented, as feeble and needy, as relying on the Humanity of a Lord Lieutenant, and being under the greatefl Obligations to his Fityy for obtaining of his Majefty, by the Power of his Interceffion, what we could not by all our Efforts obtain for Ourfelves. Whe- ther this would be proper Language if we were foliciting a Favour may well be queftion- ed, but it is fuch as I cannot hear without Indignation, when we are pleading our Right. If we have not effetfled that for ourfelves, which we are now told we are likely to ob- tain by the Compaffion of an Interceffor, and the Partiality of our Sovereign, who has lifl- ened to him, though he difregarded us, to what is it owing ? Surely, to that Condud:, which we are now urged to continue j to a tame Ac- quiefcence in minifterial Promifes, and an implicit Concurrence with minifterial Mea- fures ; we have undoubtedly the Power of doing ourfelves Right, and, our only jufl S re- 26o Debates relative to the [Day XI. reproach is, that we have not exerted it to Effecfl ; if we have not, it is certainly Time we fhould. Gentlemen who have recommend- ed Gentlenefs, Patience, and Repofc in good Profpedis, a placid Expectation of Fruit from BlolToms that have already appeared, have been very lavifh in their Encomiums on his Majefty ; and, no Man, Sir, can think more highly of his Majefty than I do, but, furely, they might juftly be fufpecfted of conceaHng the bitterefl Satire, under the Appearance of Panegyric, when they tell us, that the Voice of an injured People has been heard in vain ; that all our Refolutions, as Reprefentatives of the Commons of this Kingdom, made in the moft folemn Manner, have not been able to attract that Regard which has at once been paid to an Inftrument of his own Power, in the Perfon of our Lord Lieutenant j far be it from me. Sir, to think thus of his Majefty ; if our Refolutions have not been effe(ftual, it is becaufe tPiey have not come properly be- fore him J there is, therefore, greater Neceftity for an Addrefs, and his Attention to the Reprefentations of our worthy Lord Lieu- tenant give us the moft reafonable Ground to- hope that it will fuccced j what Reafon can there be, Sir, not to ad; in Perfon, on an Oc- calion Day XI.] ^jfairs of Ireland. 261 caiion fo urgent and important, and what ground is there to fear that the gracious Sove- reign, who has heard another on our behalf, will not hear us for Ourfelves ? But the Ob- jeiftions that have been urged againft the Sub- jedt of our Addrefs are not more extraodi- nary than thofe againft the Addrefs itfelf. Is it not a moft extraordinary Maxim, Sir, " that every thing is better than a Law-fuit ?*' Could the greateft Enemy of our Country give it a worfe Character, than that every Thing is better than a regular Appeal for the Decifion of her Laws ? That it is better to fuffcr every Evil that can be fuffered, than feek re- drefs from the Remedy that our Legiflators have provided ? Where is the Difference, Sir, of being totally without Law, and having Laws to which we cannot appeal, without incurring a greater Evil than we can fufter by the Breach of them ? It is, indeed, too true, that in Law-fuits, there is Chicanery,De- lay, and Expence 3 and, with thefe Evils, the Gentleman muft neceffarily be well acquain- ted ; but, God forbid, that thefe, or any other Evils, arifing from the Abufe of the Law, fhould be fo enormous as to render the Law of no Effedl. But Chicane, and Delay, and Expence, are not the only Mifchiefs, w^ are S 2 alarmed 262 Debates relative to the [Day XI. alarmed with ; we have been told, that a ju- dicial Procefs is, not only fruitlefs, but cri- minal j we have been told. Sir, that it is a ra(h and violent Meafure to determine a doubtful Queftion by Law j nay, ftranger flill, we have been told, that it is rafh and violent, not to commence Judges in our own Caufe ; that it is rafli and violent, not to cut off all Supplies, becaufe we believe fome to have been mifapplied ! Surely, Sir, thefe AfTertions and Inlinuations are aftonifliing in the highefi: Degree, efpecially if we coniider from whom they come. Thefe feem intend- ed to fright us from our Duty, to fpread a general Pannick, by difcovering a Glimpfe of fome dreadful Evils, and then hiding them in tremendous Obfcurity. Chaos is reprefented as coming again, and we are alarmed with a Confulion not lefs than that among the Ele- ments of Nature before Creation ; all Interefts, Claffes, and Charadters, are to be jumbled to- getherj King, Parliament, Penfioners, Judg- es, and Lawyers, with Families upon Families, are to be involved in Doubt, Darknefs, and Diftrefs ; this, indeed, is very dreadful j but let us fee if with a very little Light, and a very little Reafon, we cannot palliate the Diflrefs, and diffipate both the Darknefs and the Day XL] ^ffai'rs of Ireland 263 the Doubt. To drop all Metaphor, and Fi- gure, Sir, the Law-fuit propofed will not be complicated in Proportion to the Number of Penfioners, or the Diverfity of their Circum- ftances, and Situation, aslias been infinuated ; for the Queftion to be determined does not refped; the Claims of thefe Penfioners, but the Right of the Crown to difpofe, in a particular Manner, of public Money j the Suit, Sir, would have a fingle Objedl, if the Penfioners were ever fomuch more numerous and diver- lified than they are ; and may be commenced by any Individual, with the fame Advantage to the whole as if all were Parties. But ftill other Bugbears have been held up before us ; we have been told of Fadlion, and Riot, of Contumacy, and of Murder ; and to be fure fuch Monflers there are among us, but how are they to be deftroyed ? The honourable Gentleman feems to fuppofe, that an In- fringement of the Law above, will contribute to the keeping it facred below ; he fuppofes, that if thofe who are intruded with the Rights of the People fit quiet and filent, and fee them taken away, that the People will be lefs likely to attempt the righting of themfelves, than if they faw the Struggle made in their behalf, by that Power which was mofl lively 5 3 to 264 Debates relative to the [Day XI, to fucceed ; he fuppofes, that the readieft Way to quiet the Populace, is to flrip and ftarve them, for the fake of Pampering an idle and voluptuous Set of Mifcreants, on the other Side of the Water, with French Cookery, and French Cloaths. The only way, Sir, to quell the Spirit of Difcontent, that is rifen a- mong us, is to fee the Laws kept inviolate, and to enforce them upon thofe of the high- efl Rank, and the mofl ample Power ; to fliew to our Country, and to the World, that the Money raifed for public Purpofes is ufed for the public Benefit j and that every Penny that is paid in Taxes is laid out to procure fuch National Advantages, of which all par- ticipate, as are more than equivalent to any Advantage that would accrue to the Indivi- dual, by witholding his Contribution. Su- bordination, Sir, is always beft preferved by the apparent Attention of the Superior to the Intereft of thofe below him ; Contumacy and rebellious Oppofition to thofe in Power are produced only by Opprciiion, or the Appear- ance of it ; and, when all real Oppreffion is at an end, the Appearance will foon vanifh ; upon the whole. Sir, as the Penfions at pre- kni are an Evil not lefs oppreffive than o-. dioys, I am an Advocate for the Motion, upon the Day XI.] j^ffairs of Ireland. 265 the very Principles on which that honour- able Gentleman has oppofed it, at leaft, till fome other Meafure is fuggefted, that appears more likely to produce the fame Effed-, or to produce it in a more elegible Way. The Queftion was then put, that the Houfe do agree in the faid moved Addreis. It pafled in the Negative by a fmall Ma- jority. WED- 266 Debales relative to the [Day XII, W E D N E S D AY, INov, 9, 1763. TWELFTH DAY. MR M— C — moved, in the Committee of Accounts, that the proper Officer might lay before the Houfe, the Papers re- lative to the Military Contingencies, which, he thought in many Particulars, a very ex-- traordinary Charge. On the Speaker's refuming the Chair ; Mr £— *S — P — faid, that it v^^as allowed, by every Perfon, who fpoke in the Debate of Yefterday, that the extraordinary Encreafe of Penfions, had laid a Burden upon the Na- tion which it could not poffibly bear j and, as the Continuation of them muft, therefore, tend to fubvert the Conftitution, he thought it his Duty to mention this to the Houfe, that fome Method might be thought of to repre- fent the Scnfe of the Houfe, in the humbleft Manner to his Majefty, in hopes of redrefs ; and, though the Mode that was propofed Yefterday for making that Reprefentation, was Pay XII.] Affairs of Ireland. 267 was not generally approved, he made no doubt but that another might be found that would be fo -, and was confident that every Member would concur in the Attempt ; he, therefore, propofed to move that a Commit- tee might be appointed to enquire what Me- thod of Reprefentation would be moft pro- per, and to draw up fuch Reprefentation accordingly. Mr P— T— , the A. G. faid, that he thought an Enquiry into tlie Penlions very proper, but that he could not agree with the worthy Member who fpoke laft, with Re- fpedt to the Form of his Motion ; becaufe he was of Opinion, that a Committee {hould not be named to draw up a Reprefentation to his Majefty for Relief from Penlions as a Griev- ance, till the Senfe of the Committee was re- ported, whether they were a Grievance or not ; he faid, when the Committee had en- quired into the State of the Penfions, and how far the Eftablifhment was able to bear them, if they found that the Eftablifl:iment was not able to bear them, and reported ac- cordingly, it would then, and then only be proper to addrefs his Majefty againfl encreaf- ing them. He added, that for his Part he could 268 Debates relative to the [Day XII. could not fee fo great a Difference between the State of the Revenue, and the Peniions, as had been reprefented. Mr P — replied, that he believed that the honourable Member, v^ho fpoke laft, was the only Gentleman in that Houfe, who had the leafl Doubt, whether the exorbitant Encreafe of Peniions was a Grievance ; and, as it leem- ed to be the unanimous Opinion, even of thofe that fpoke, and divided againft the Queftion Yefterday, that they were a Griev- ance, he begged leave to have his Motion put, as he firft propofed it. In this Mr T — acquiefced, and Mr P-*- accordingly moved. That a Com- mittee of the whole Houfe might take into Confidcraticn, the State of the Penfions upon the Civil E^ablifliment of this King- dom, and how the Increafe of them might be prevented. Refolved, Nem. Con, That this Houfe will, on Tuefilay next, refolve itfelf into a Com- mittee of the whole Houfe for that Pur- pofe. Major Day XII.] ^£atrs of Irelakd. 269 Major ff- — B — recommended an Encou- ragement for the manufad:uriRg of Blubber in the Barony of ImJIjoe^i, in the County of Doftfiegal, where, he faid, feveral Whales had been taken the laft Year, as the Nation had fuifered great Lofs for want of knowing how to extract what is called Train- Oil from the Blubber, being obliged to fend the Blubber, unmanufadlured, to England. He alfo prefented a Petition of MefT. T^ho- mas and Andrew Nejbit, Paul and James Ben/on y Merchants, and Ache [on Irwme^ Efq; praying Aid to enable them to carry on a Whale Fifhery, on the North-Wefl Coart of the Kingdom. Upon Mr j — A — jun. prefenting a Pe- tition in favour of a Bounty for ereding Corn- Mills, it was propofed, that that Petition fliould be referred to the fame Committee to which the Petition of Mary Afiworth was referred -, but Mr ,M— , who was Chairman of that Committee, oppofed it, and faid, it would be very hard upon him, if he fliould be obliged to fit as Chairman upon all the Peti- tions that fhould be brought into the Houfe, not- 270 Debates relative to the [Day XII. notwithftanding that they would lead to En- quiries wholly diiferent from each other. He added, that, having made up his Report, as Chairman oi Ajlrjjorth\ Committee, he ap- prehended he was difcharged from any other Duty, with Refpedl to that Committee. Sir 7? — C — got up, and faid, that, in his Opinion, that Committees, to which Petiti- ons of this Kind were referred, ought to con- fift of Gentlemen, properly fele^ted, who had made the Manufa(fture, to which the Petition related, the particular Objed: of their Attenti- tion : He faid, that the honourable Gentle- man, who fpoke laft, might, perhaps, have turned his Mind to the Operation of (lamping Linnen, of which he might, therefore, be a very able Judge ; but that he could fee no A- nalogy between ffamping of Linnen, and Mills and Mill- Stones, though others mighty and, therefore, becaufe a Gentleman's Study, or Inclination, inclined him to confider the Im- plements ufed in a particular Ivlanufadure of Cloth, he could fee no Reafon why he fhould be obliged to fit, as Chairman, in a Commit- tee, for the Examination of Mills and Mill- Stones. Sir 7^-- — alfo propofed, that a ftandino; Committee migjht be fixed for Stamp- Day XII.] Affairs of Irelat^b, 271 Stampers of Linnen, and all under that Clafs 5 and another for Mills, and all under that Clafs ; and fo of other Articles of Trade and Manu- fad:ure. Dr C — L — then faid, that he much ap- proved of public and large Committees to fit in the Houfe, becaufe when Committees were held in the Speaker's Chamber, he could not help thinking that Jobbs were fometimes carried on, and Premiums given, in a Way that made them little better than occafional Penfions. The H— ble Mr 5- M__ alfo fpoke much in Favour of public Committees, to fit always in the Houfe, each of which fliould take under Confideration all the Petitions that came under one Clafs ; for, as to the Commit- tees that fat in the Speaker's Chamber, he faid he fcarce ever knew an Inflance in which they did not report the Allegations of tlie Pe- tition to be true, and the Petitioner worthy of Encouragement. Mr y— G— , the R- of D— , objeded to thefe ftanding Committees, becaufe, he faid, they would greatly retard the Bufinefs of the Houfe, and could not, at lafl, give Time and At- lyl Debates relative to the [Day Xlf. Attention enough to the Variety of Petitions that mufl: necelTarily come before them, to confider the Merits, with a Precifion and mi- nutenefs fufficient to determine how far they would, or would not, be of Utility to the Public : He added, that, though he was far from thinking that Mode of encouraging ufe- ful Undertakings, a good one, yet, till a better was found, and eftabliflied, he thought it fhould be followed. TheR-tH— ble H^ L—R—, faid, that he was equally furprized, and forry, to find that any Reflediions were cafi: on Committees of Gentlemen of that Houfe, intruded to en- quire into any Matter that came before them j thac they were all Perfons of Honour and Worth, and, he was perfuaded, would not, for any private Gratification, lavifh away the public Money : That, in a feparate Commit- tee, appointed for each Petition that (hould be received, the Subject of it would be exa- mined and difcufTed by Gentlemen interefted in the Encouragement, in a more minute and particular Manner than could be done in fuch general Committees as were propofed, and that, upon their Report, the Houfe was the ultimate Judge, whether fuch an Encourage- ment was proper or not. Day XIII.] y^Jliirs of Ireland, 273 THURSDAY, iVoi;. 10, 1763. THIRTEENTH DAY. MR R — L— made the following Mo- _ tion : That an humble Addrefs be prefented to his Excellency, the Lord Lieute- nant, that he will be pleafed to reprefent to his Majefty the Prayer of his moft faithful Commons, in Parliament affembled, that he will be gracioufly pleafed to give Orders to his Attorney-General of this Kingdom, to bring a Writ of Scire facias^ to enquire into the Legality of the Patent, by which the Of- fice of Chancellor of the Exchequer is now held. Mr i?— Fitz-G—. MrS , I do not think it necefTary, Sir, to enter into the Arguments that might be deduced from the Ad: of the loth of Henry the /Jlth, to prove, that the Grant of the Office o ' Chancellor of the Exchequer, for Life, by Patent, is illegal ; not only becaufe 1 take for grant- 274 Debates relative to the [Day Xlll granted, that a very nice Difquifition into thet Meaning of that A61 will be made by others, but becaufe, fuppofing this Employment to be judicial, and, as fuch, prohibited from be- ing granted for Life, by that Ad, I fhall, neverthelefs, be forry to difpute the Grant, be- caufe I have always underftood, that granting judicial Employments for Life, or during good Behaviour, is, in every Conftitution, a moft defirable Thing. An Lidependance of the Judges upon the Crown, is certainly the moft likely to fecure an unbialTed and unrertrained Determination, according to the Laws of the Country j and, if we look into Hillory, we fliall find, that this Principle is not only fpecious in Theory, but eftablifhed by Fadt : The Opinions of Judges who held their Employments during the King's Plea- fure, have, in Cafes where the King has had an Intereft, been given in Favour of that In- tereft to fecure their own j but where they have been independant, their Determinations have been in Favour of Right, without Re- gard to the Views or Wiflies of regal, or ra- ther of minillerial Power j befides, if thefe Employments are held during Pleafure, and a Miniller has any Point to carry, in which he only doubts of Succefs, he has nothing to do but Day XIII.] y^jYiirs of Ireland. 27^ but to remove the Judge, and put a Creature of his own in his Place, and the Bufinefs is done. The Employments of Chancellor of the Exchequer, and Mafter of the Rolls, are, at prefent, conferred upon Gentlemen of the greateft Ability, and fuch as have deferved well of their Country. As to the Right Ho- nourable Gentleman, who is Chancellor of the Exchequer, I muft be excufed from mention- ing, particularly, his many amiable Qualities, and great Endowments, becaufe he is prefent ; but, as to the other Gentleman, the Mafter of the Rolls, I cannot fay too much in his Fa- vour. As a Statefman, his Abilities, Pe- netration, and Steadinefs of Conducfl, deferve the higheft Recompence; and, in private Life, the warm, fincere, and perfevering Friend, the free, open-hearted, and, I may even fay, the jolly Companion, are univerfally efteemed and beloved. Upon his late Arrival here, every Body ftrove who fhould (hew him the greateft Regard and AfFe(5tion j and a Gentleman, of the lirft Confequence, not being prefent to receive him in Perfon, ex- prefled his Efteem and Kindnefs for him, in the ftrongeft Terms, by Letter. Upon the whole, I muft declare, freely, that, for my own Part, I cannot fee any one good Purpofe T th^t 276 Debates relative to the [Day XIII. that an Enquiry into the Legality of thefe Patents can anfwer, and, therefore, I declare myfeif ftrongly againft the Motion. Mr J— ikf— faid, that the Motion was the moft extraordinary Meafure he had ever known in his Life, and wholly new and un- precedented. It was very flrange, he faid, to addrefs the King to order his Servants to fupport the Extenfion of his own Prerogative, by invalidating his own Ad ; and flill flranger, that it fhould be propofed by Gentlemen of that Houfe, in dired Oppofition to their own Intereft : He added, that it was very indiffer- ent to him how the Ad: of the 10th of Henry VII. iliould be conftrued, becaufe he never could approve of the Ads procured to be pafled by that Prince, or of his Minifter Poi?iing*s Law, which he confidered, in every Circumftance, as a Defed in the Conftitution. He therefore moved, that the Motion fhould be put off till the firfl of next Aiiguft, MrX- 0—. MrS , I fliall always be well pleafed to have an Enquiry made into any Ad of the Crown, which Day XIII.] Affairs of Ireland. 277 which appears to be contrary to Law ; but, as the Illegality of the Adt in Queftion is doubtful, and as the Statute has been conftru- ed in the Senfe in which his Majefty has ta- ken it, I think there is no Occafion for fet- ting on Foot an Enquiry, which, if carried againft the Grant, will defeat his Majefty's Intention, not to avail himfelf of his Preroga- tive, in Cafes in which it is doubtful. I fhall very readily allow, that Violations of Law, like Violations of Truth, may have the worft Eifeds, in a general and extenfive View, though upon particular Occafions they may be attended with Advantage ; but, in the prefent Cafe, I think it is better to fuppofe that the A(5t in Queftion, is lawful, and, upon that Suppofition, to eftablifh it, than to commence an Enquiry, which may terminate in its being declared unlawful 5 becaufe, if that fhould be the Cafe, it muil: be fet afide, which would certainly be a Difadvantage to the Conftituti- on, for, though we are not to fuppofe that any bad Ufe will be made, during his Majef- ty's Reign^ of a Power todifmifs Judicial Of- ficers, in Confequence of their being appoint- ed only during Pleafure, yet the Appointment of a Chancellor of the Exchequer, for Life, will, as a Precedent, have a very good Effed:. T 2 As 278 Debates relative to the [Day XIII. As to the A(5t of the loth of Henry VII. I have always confidered it, as well as every o- ther Tranfaaion of that Reign, to be extreme- ly detrimental to the conftitutional Intereft of this Kingdom, even in thofe Particulars in which its ConftruNftion can admit of no Doubt, and, therefore, we are, I ihin^L, felo-de-fe, by twtry Attempt to extend it, where its Con- ftrutflion is uncertain. Before the Reign of He?iry the Vllth, the Englifi Statutes were accepted and executed in Ireland^ by the Con- fent of its Parliaments, and Government was condu(5ted in a proper and conftitutional Manner ; but, upon certain Difturbances which rofe in this Country, Henry fent over Sir "John Pohiings^ who was much more the turbulent and violent Soldier, than the judici- ous and fteady Politician, and he found Af- fairs in fuch a Situation as induced him to make Ufe of every Artifice, and exert every Effort, to extend the Prerogative of the King, at the Expence of the Rights of the People : He convened Parliaments wherever he thought proper, fometimes in the moft obfcure Part of the Kingdom 5 and thefe Parliaments con- fifted of Perfons chofen entirely by himfelf j what Wonder, then is it that they enaded whatever he diredted, and, in a great Degree, de- Day XL] Affairs of Ireland. ' 279 deftroyed their own conftitutional Power. We had a recent Inftance of the bad EfFe6ls of Toining'^ Adminiftration, in the Difpute between the Privy Council here, and the Mi- niftry on the other Side of the Water, lafl: Year. It has, indeed, been faid, in this Houfe, that Pw«/«^'sLaw is the Palladium of the Conftitution, but, I wifh to God, that an TJlyffes could be found to fteal it away ; and, whenever the Crown fliall think fit to abridge its own Prerogative, by adopting a Conflrud:i- on of that Law, favourable to the Rights of the People, I fhall moft joyfully acquiefce in it, as I am fully perfuaded the Conftitutlon is much more likely to fuffer, by extending the Prerogative, than by contra<fling it, and that much worfe Confequences may attend the Grant of judicial Employments, during Plea- fure, than for Life ; I fhall, therefore, give my Voice for poftponing the Queftion till the firft of next Augufi, Mr E — M— went into the Enquiry, whether the Grant of the Chancellorfliip of the Exchequer for Life, was, or was not, ille- gal, by the Statute of the i oth of Henry the Vllth, Ch. II. The Claufe of the Statute is Jhis : T 3 ''N« 28o Debates relative to the [Day XIII. *' No Perfon that fhall have Miniftration " ofjuftice ; that is for to fay, the Chancel- " lor, the Treafurer, Judges of the King's- " Bench, and Common-Pleas ; the chief and ** fecondary Baron of the Exchequer, the " Clerk, or Mafter of the Rolls, nor any " Officer Accomptants, fhall have any Au^ ** thority by Patent in their fuch Offices, but " only at the King's Pleafure ; and if any " Grant be made of any of the faid Offices, *^ unto any Perfons, contrary to the Premifes, *' they fliall be deemed void j and all Adls ^' before made to the contrary hereof, to be " revoked and void.'* Mr £— M—, MrS , I think it manifeft, from all the Circum- ftances of this Statute, that the Chancellor of the Exchequer is precluded, according to the Spirit of it, from holding his Employment by Patent, for Life. It is known to have been a judicial Employment, of great Impor- tance, from the Time of King Jolm, down to that of Henry the Vllth, and the Situation of that Prince was fuch, when he fent Pomings over. DayXIII.J Affairs of Ik^la^T), 281 over, as made it neceflary for him to have the Judges of all the Courts in his Power j and, indeed, the chief Officers of State ; it is, there*, fore, impoffible to fuppofe, that an Officer, fo confiderable as the Chancellor of the Exche- quer, fhould not be intentionally included in the Law in Queftion, though not exprefsly named. Suppofe the Chancellor mentioned in the Statute, to mean the Lord Chancellor, yet the Chancellor of the Exchequer muft cer- tainly be included in the Words *' No Perfon ** that fhall have the Miniftration of Juftice," -for, that he has [the Miniftration of Juftice, cannot be doubted : There are but two of the Barons of the Exchequer mentioned, " the " chief and fecondary Baron," yet it has ne- ver been pretended that the third Baron is not included. It appears, indeed, by the com- mon Ufage of the Crown, that this Officer has been fuppofed to be included, for there is not one Inftance of this Employment's having been granted for Life, fince Poining'% Law, except by Harry the Vlllth, and Charles the Ift. whofe Condudl, in this Refpedl, will, by no Means, furnifti a prefumptive Proof that they thought the Grant lawful, for they were known not to make the Law the Rule of their Condud:, when it oppofed their Inclina- T 4 tion?. 282 Debates relative to the [Day XIII. tions, or cladied with their Notions of Prero- gative : Belides, Sir, in my Opinion, the Law itfelf is a good one, and, therefore, no Occafi^ on fhould be fought of eluding it ; becaufe, if judicial Employments are granted for Life, they muft frequently be held by Perfons whom Age and Infirmities have rendered in- capable of the Duty; in which Cafe, the Pro- ceedings in the Court may be totally flopped, and the Rights of the Subject precluded ; I admit, however, that the Grant of fuch Em- ployments, during good Behaviour, is a good Medium between during Life, and during Pleafure, and more eligible than either. Up- on the whole, I conclude, that the Grant, as it now ftands, is illegal, but I defire that I may not be mifunderflood to have been in- duced, in any Degree, to form this Opinion, by a Difapprobation of the Gentleman who fills the Office, whofe great Abilities I am e- ver ready to acknowledge, of which the Place and Affembly where I ftand, has been often WitnefTes ; I am only forry that this Gentle- man is not to continue among us, and fliould heartily rejoice to fee the Truft properly at- tended to and executed by fo able an Officer. I declare, alfo, that I have no Objedtion to the Adjournment of the Queftion till the firft of Augujl Day XIII.] yi fairs of Ireland. 283 Auguji J and, I think, the Commencement of fuch a Suit as is propofed by the Motion to be unneceiTary, becaufe, if the Grant is con- fidered as a Grievance, there is an ealier Way of redreffing it. Every Suitor that comes to the Exchequer is obliged to pay Fees to the Chancellor, from which Fees his Revenue ri- fes, and every Suitor, therefore, has a Right to commence a Suit againll: him for thefe Fees, if he fuppofes he has not a legal Right to them, which he has not, if the Grant cf his Patent is illegal ; in the Courfe of fuch a Suit the Legality of the Patent mult be judicially determined. If there were" but one Hamp- den in this Country, he would commence fuch a Suit for the Value of a Shilling ; I therefore give my Vote for poftponing the jQueftion. Sir 7^— C- Mr S. As I apprehend that the principal Argu- ment againft the Legality of the Chancellor of the Exchequer's Patent for Life is drawn from the Meaning, either exprcfled or impli- ed, of a Claufe in the Adl of the loth of fienry VII. I think it proper to give my Opi- 284 Debates relative to the [Day XIII. Opinion of the Senfe of that Claufe. Hifto- ry informs us, that, in the Reign of that Prince, there were great civil Contefts for the regal Power, between the Houfes of Lancajler and Tork^ which extended to this Kingdom. The two Parties were headed by Chiefs of this Country ; the Torkijis by the Earl of Kildarey and the hancaflriam by the Duke of Ormond : Matters were carried fo far againft Henry^ who was of the Houfe of Lancajiery that his Rival was brought to this Capital, and crowned at Chri/i-Church j at this Coronati- on all the great Officers of State attended, a- mong which were the Lord High Chancel- lor, the Treafurer, and the Judges. Henry^ to put a Stop to thefe rebellious Proceedings, and fecure his undoubted Right to the Throne, fent over that very wife and brave Man, Sir yoJm PoimngSy who would never have ventu- red hither to oppofe the tumultuous and for- midable Infurredions againft his Sovereign, if he had not had Courage from the Sole of his Foot to the Crown of his Head 5 and, in this Situation, it was very natural for Poinifigs to exert his Spirit, by every Method which his Policy fuggefted, to ftrengthen the Hands ot his Royal Mafter ; and, by his Diligence and Perfeverance, the Ad of the loth of that Prince Day XIII.] Affairs (^/^ Ireland. 285 Prince was brought about, and the King ob- tained a Power, eflentially necelTary at that Time, of difplacing his great Officers, and Judges at pleafure. Now, confidering the State of the Exchequer at that Time, I can- not think that the Chancellor was a Perfon of fufficient Importance, to come within the Intention of the Ad:, or the View with which it was made. The Chancellor, mentioned in it, is undoubtedly the Lord High Chancellor, for he was the primary and chief Objedl of it -, for Hiftory fays, that he affiled at the Coro- nation of the Pretender of that Time, and he is alfo mentioned in the A(5t, before the Lord high Treafurer, which the Chancellor of the Exchequer could not have been -, I, there- fore, conclude, that, as this Statute has not altered the Law with Refped to this Office, the King has an undoubted Right to grant it for Life, a Conclufion which is juftified by Precedents, which, I think, do not appear to have been ever called in Queftion, either by a parliamentary or judicial Enquiry. Sir /T— O— . Mr S , In the prefent Situation of this Country, Sir, 286 Debates relative to the [Day XIII. Sir, I think, our Time might be better em- ployed than in the Difcuffion of Queftions, doubtful in themfelves, and trifling in their Confequences, except, that they tend to di- vide thofe whom it is our higheft Intereft to unite, and to produce Enmity where it is of the greateft Importance to conciliate Affedi- on. We exert all the Pathos of our Rheto- ric, to difplay and deplore our Grievances, and at the fame Time we irritate thofe who have both the Power, and the Inclination to redrefs them ; every Thing appears fpecious and alluring, under the Colour of Patriotifm, and Public Spirit, but there are many Meafures which, if not viewed in the falfe Light, which gives them this flattering Appearance, v/ould be found deeply tinged with the ful- len Hues of fadious Difcontent, difappointed Ambition, and fordid Self-Intereft ; and the bold rhetorical Flourifhes that feem to be made only in Defence of our Rights and Li- berties, will be often found to be nothing more than the Effufions of perfonal Enmity, or Party-Rage : The learned Member * who fits beneath me, knows, that upon the Banks * Dr L~. of Day XIII.] Affairs of Ireland. 287 of fome Rivers, in the Eaftern Parts of the World, there are Fruits which have a moft beautiful and alluring Appearance to the Eye, but v^^hen brought to the Tafte are both pu- trid and poifonous. It is at this Time the univerfal Cry that the titular Power which prefides over this Country, is Liberty j but upon a nearer Approach, and more attentive View, this fuppofed Goddefs will appear to be a fliamelefs Strumpet, abandoned to every Species of Licentioufnefs, and contaminated with every corrupt Difpofition ; who wanders about in borrowed Robes, diflurbing the Peace, and debauching the Morals of Man- kind, by ftudied Artifice, and deceitful Blan- difhments ; and, is this aTime for us to foment Divifion and Animofity by unneceffary Dif- putes? fhall we countenance Dif-union, and Difcontent by our Example ? and, fliall v/e negledl our known Duty, and the real Service of the State, to join in the popular Cry, and pronjote Contumacy and Fa6lion, by conceal- ing private Views, and felfifli Paffions, under the fpecious Pretence of maintaining our Rights, and preferving our Liberties ? Let us rather ad: as one Body, animated by one Soul, for an honefter and nobler Purpofe j let us exert our whole united Strength, to re- move 288 Debates relative to the [Day XI It. move real Evils, and produce permanent Good ; to reftore our Finances which are fall- ing into ruin ; to check the fatal Encreafe of Penfions j to fupprefs popular Licentioufnefsj and to encreafe the Trade and Commerce of the interior Parts of the Kingdom. Thefe are Objed:s worthy the Attention of this Houfe, and, in an adtive and fteady Purfuit of thefe, we can alone difcharge our Truft, and fecure the Interefl and Honour both of Our- felves and Country ; we fliall, hovi^ever, in this laudable Purfuit ftand in need of the Af- fiftance of fuperior Powers, whom we fliould incline to afford us this Affiftance, by every becoming Compliance in trivial and doubtful Matters, inftead of giving them Offence, and alienating their Kindnefs by querulous Oppo- fition, and unprovoked Malignity j from what laudable Motive can Gentlemen oppofe the Indcpendance of judicial Officers upon the Crown ? How can cafual Inability be made a Pretence for not granting an Office for Life, when we know that the Incumbent, during Pleafure, fcarce ever reiides ? It would be cndlefs to trace the Folly and Danger of this Conduft through every particular, and I am willing to fatter myfelfthat it is unneceflary ; for Day XIII.] Affairs of Ireland, 289 for my own Part, I fhall moft heartily give my Vote for putting off the Queftion to a long Day, if it was only to employ the in- termediate Time in Matters of real Impor* tance. Dr C — L — then got up, and dwelt much upon the Importance of the Chancellor of the Exchequer's reliding, and paid many Com* pliments to a Right Honourable Gentleman then in the Houfe, who had formerly filled that Office * ; this Gentleman, in a very gen- teel Manner, begged the Dodtor to fpare him as he was prefent 5 the Docftor, however, ftill continued his Compliments, and, at the fame Time, took occafion to throw out fome ob- lique Hints not very favourable to fome of the late Chief Governors. A right honourable Member-f* then got up, and faid fomewhat in Difapprobation of fuch Hints, and, in the Courfe of his Speech, hap- pened to mention the Weaver's Hall, by which Company, as well as by moft others * The right honourable Mr J — M—, t The Right Honourable ^— H— /'— , Poft- Mafter General. in 290 Debates relative to the [Day XIIL in the City of Dubli?:, Dr L — had been fin- gularly diftinguifhed. The Doctor, confider- ing the Mention of Weaver's Hall to be in- tended as a Sneer, and not a Compliment, got up, and fpoke to the following Effed: : MrS , Sir, I fhall always remember, with the greatelT: Gratitude, the fingular Honours I have received from the honourable Society, which that Right Honourable Member has jufl now mentioned. The Weavers are a Com- pany diftinguifhed by their Induftry, and, by their fingular Utility to their Country ; the Commodity which they manufacture is the Staple of this Nation, and, to put us in mind of its Importance, and of thofe that work it up, it has the Honour to be the Seat of our Judges in the Houfe of Lords. As, I think thus honourably of the Weavers, I may, without JLift Caufe of Offence, fay, that I be- lieve it would have been well for the Right Honourable Gentleman, if he had been bred a Weaver himfelf ; he would then have en- joyed that chearful and agreeable Difpofition fo natural to him, with, perhaps, a greater Gufto than he does at prefent 3 he would not then have been incumbered with the Cares of I Day XIII.] Affairs of iKY.LAi^Ti] 291 of State, but would conftantly have enjoyed that Tranquillity and Flow of Spirits, which are always the Confequence of little Thought, and chearful Induftry. In the great Em- ployment, which he fills at prefent, he has the weighty Affairs of the Nation to think of, and when he has thought of them, and given his Concurrence to what may be neceffary to difpatch them, he has the farther Trouble of difperfing an Account of thefe public Con- cerns, as well as the private Concerns of the Nation over the whole World ; but had he been happily a Weaver, he would have had none of this Trouble, but have been a merry Fellow, and, in the Stile of Sir Johfi Falftaff] *' a Teller of all Manner of Tales, and a Singer of all Manner of Songs." The Motion was then made, and tho Queflion put, that the further Confideration of this Matter be adjourned to the firft Pay of Augufi next. Jt was carried in the Affirmative. U FR I- 292 Debates relative to the [Day XIV. FRIDAY, Nov. n, 1763. FOURTEENTH DAY. Mr L— 0—. Mr S , THE firft and great Object of all Legif- latures is the impartial Adminiftration of Juftice ; Mankind were induced to make a Surrender of their Power to injure others, upon condition, that the Power of others to injure them fhould be reftrained ; for, it was very foon difcovered, that every Man is liable to fufifer more by the unreftrained Power of another exerted againfl him, than he can en- joy by exerting his own Power, without re- ftraint, againft another ; this was the Origin of Civil Government, and, when, from this Motive, this common Depofit of Power, was made in the Hands of a Magiftrate, it could be with no other View than that he lliould exert it impartially for the common Benefit, and, therefore, as far as a Magiftrate is under any Influence with Refped to \\\& Decifions, or Day XIV.] j^Jairs of IkeLai^bI 293 or has any Thing to hope, or to fear, in Gon- fequence of any Ad: performed in his judi- cial Capacity, fo far, the very End of his In- flitution is defeated, and fo far the Power in- trufted with him, that it might operate only to good Purpofes, may be perverted to Evil. The Independance of Judges, therefore, is one of the original and fundamental Rights of Mankind, but, it is impoflible in the Na- ture of Things, that a Judge fhould be Inde- pendant, who holds his Office only during the Pleafure of another ; he will then certain- ly have fomething to hope and fomething to fear, and his Duty may fometimes be incom- patible with his Intereft ; when this happens, it would be abfurd to fuppofe, that the Senfe of Duty will always predominate ; to fup- pofe the contrary, is only to fuppofe, that he who becomes a Judge does not then ceafe to be a Man, but, that he is ftill fubjed: to the fame Paffions, and Infirmities, that he was before, in common with all human Beings. I will readily acknowledge, that there never was a Time v/hen the Dependancy of Judges was lefs likely to produce ill EfFedts, not, be- caufe Judges have any new Powers to refift Temptation, but, becaufe they are lefs likely to be tempted : Our moft amiable and gra- U 2 cious 2 94 Debates relative to the [Day XIV. cious Sovereign feems to found his Happinefs upon the true Principles of Virtue and Juftice, and the Vice-Roy whom he has fent over hither, feems, in every Refpedl, difpofed to follow his Example, and to be truly his Re- prefentative ; but from the Viciffitude natural to every Thing fublunary, and from the Ex- ample of our fifter Country, Great Britain, I think it now proper to make a Motion, that leave be given to bring in Heads of a Bill for making the Commiffions of Judges, quam diu fe bene gejjerinf, Mr E — M— got up, and faid, that he feconded the Motion, with very great Plea- fure, as it would be a Confidence of Security to the Nation, not with Refpedl to the pre- fent Time but the future ; he added, that the Support of Dignity, in the Judges, was alfo a Matter of great Confequence, as it gave V^eight to their Decrees, and Satisfaction to the Suitors ; but more efpecially as it gave En- couragement to Men of the firft Abilities, to fill the Bench, who might otherwife find greater Advantages in continuing at the Bar ; he fliould, therefore, he faid, be very well pleafed to have a Claufe tacked to the Bill for the Encreafe of the Judges Salaries ^ this he ob- Day XIV.] Affairs of Ireland. 295 obferved, became neceflary upon a mere Sup- pofition, that the Salary fixed, during the Reign of King William^ in the Year 1699, was only a reafonable Salary, and, that the Judges now ought not to be worle provided for, than they were then 3 becaufe, the Diffe- rence between the Value of Money, and the Expences of Life at that Time, and this, were very great, as would appear by Fleetwood's Chrofiicum Fretiofum^ and, therefore, though the Appointment at that Time might be fuf- ficient, it would at prefent fall very fhort ; for which Reafon, he propofed, that the Increafe of the Judges Salaries might be a Tack to the Bill. Mr L — O— faid, in reply, that he fliould be much pleafed to have the Salaries of the Judges increafed, and that he thought it a very proper Meafure, but begged to be excufed from making it a Tack, to his Bill, for though there was the greateft Reafon to believe it would be univerfally adopted, yet he was un- willing to load his Bill with any Tack, what- ever were the Chances in its Favour, becaufe he conlidered it as of very great Moment to. the Conftitution of his Country. U 1 The 296 Debater relative to the [Day XIV. The Queftion being pat, it was carried in the Affirmative. Ordered, That leave be given, to bring in Heads of a Bill, for making the Commiflions of Judges, quam diu fe beiie gejj'erinty and that Mr L O ; Mr Af_j Mr P_ j Mr Serjeant M — ; and, Dr Z/— , do pre-? pare and bring in the fame. SA- Day XV.] Affain of Irelan d. 297 SATURDAY, ISIov. 12, 1763. FIFTEENTH DAY. MR E — S — P— got up, and faid, that T^uejday next, was fixed for enquiring into the Grievance univerfally felt, and com- plained of, the Increafe of Penfions j but, that, he apprehended, it would not be a pro- per Day, as he had been informed, that many Gentlemen would not be ready to attend, and, as the Report of the Committee of Accounts was that Day to be made, which would take up fome Time ; he added, that he did not blufh to fay, that he had received a Meflage, which induced him to put off the Enquiry concerning Penfions ; and, therefore, he mov- ed, that it might be put off till Wednefday, The Right Honourable A — Af— faid, that he confidered the Enquiry, concerning Penfions, as a Matter of the higheft Impor- tance, that required much Time and Delibe- ration, and a full Attendance of the Mem- bers, and, therefore, he thought it fhould be put off, even for a longer Day, as well upon U 4 that igS Debates relative td the [Day XV. that Account, as, becaufe, the National Ac- counts, and the Supply interfered, which fhould not fufFer Delay, as the Money Bills for the Supply fhould be fent off about the four or five and twentieth of the Month, the ufual Time, when the Duty would ceafe ; he faid, that, upon the Report of the Committee of Accounts, Debates might arife, and the paf- fing them might, therefore, take up more Time than was expected j he faid, alfo, that the fixing the Supplies, and fending over the Money Bills might be attended with Delay, and, as it was of the greatefl Importance to ' have whatever related to that Bufinefs, fett- led with proper Deliberation, it ought not to be interrupted by any Thing of lefs Confe- quence j he, therefore, wiihed that the Con- fideration of the Penfions was deferred till the Money Bills fhould be fent over. Mr P— replied, that he was forry to dif- fer from the Right Honourable Gentleman, who fpoke laft, but that the very Arguments he had ufed fur deferring the Confideration of the Penfions to a longer Day, appeared to him to prove that it {hould not be longer de- ferred. How is it poffible, fays he, that an Eftablifhment fhould be fixed, till we know of what Day XV.] Affairs of Ireland. 299 what it ought to confift ? TheEftablifhment of Penfions is already enormous, and if we fhould now fix it, without any Enquiry, or Refolu- tion, the Meafure would be premature j for certainly an Enquiry into fo efTential a Part of the Eftablirhment, ought to take Place before theEftablilhment is fixed j befides, fays he, the very Inconvenience, which the Right Ho- nourable Gentleman wiflies to remedy, would be encreafed by the Remedy he propofes j for if fomething is not determined, concerning Penfions, it will be a Subjedl of high Debate, throughout the whole Committee of Sup- plies ; he, therefore, hoped that he fhould be €xcufed, in wiiliing to have Wednefday fixed for the Penfions, and faid, that as the Duties would not end till the Twenty-eighth of the next Month, there would be Time e- nough to tranfad the Bufinefs relative to them without Precipitation, or Plurry. The Order for the next Tuefday^ being then read, it was refolved. " That this Houfc will, next Wednefday, " refolve itfelf into a Committee of the whole *' Houfe, to take into Confideration, the *[ State of the Penfions upon the Civil Efia- " bliih- 300 Debates relative to the [Day XV. *' blifhmeiit of this Kingdom, and how the ** Encreafe of them may be prevented." Ordered, That the Agent to the Penfioners do attend this Koufe next Wednefday, Ordered, That the proper Officer do lay before this Houfe, a Lift of the Names of fuch Penfioners as do not refide in this King- dom, and have Licenfes of Abfence from his Majefty, or from the Lord Lieutenant, or other Chief Governors, with the Dates of fuch Licenfes. Ordered, That the proper Officer do lay before this Houfe, a Lift of the Names of the Penfioners who do not refide in this Kingdom. Mr R — F— then got up, and faid, that confidering the diftrefi^ed Situation of Ireland^ at that Time, it was a Matter of the higheft Importance, to enquire into the extraordinary Increafe of the Military Eftablifhment, be- fore the Supplies were granted ; he faid, that the Remark made by the honourable Gentleman, who fpoke laft, two Days before, had made a deep Impreffion upon his Mind ; inftead Day XV.] Affairs of Ireland. 301 inftead of thirty Regiments upon the Efta- blifhment, fays he, there is now no lefs than forty-two, with the fame Number of Men, twelve Thoufand ; this is extreamly danger- ous to the Conftitution two Ways, firft, by en- creafing Dependants j and, fecondly, by en- creafing Expence j the Expence has encreaf- ed no lefs than 150,000/. a Year, fince the Year 1757, which this Country is by no Means able to bear 3 and this Eftablifliment, at prefent, amounts to 100,000 /. a Year more than in the Height of the War, befides Military Contingencies, and Bar- racks, which amount to a very conlidera- ble Sum. He obferved, that the Military and Civil Eftablifliment, with the Penfions, would leave only 30,000/. out of the whole Revenue of the Country, and that this Sum and more would be fwallowed up by the Ar- tillery, and Laboratory, which are not includ- ed in the Military Eflablifhment, though cer- tainly belonging to it, and Articles of very great Expence. The Word Laboratory, he faid, was quite new in the Houfe, and fcarce a Man in it knew either its Meaning, or its Ufe ; in his Opinion, it was a Place where all Sorts of Combuftibles were prepared for pire-(hips, Bombs, Grenadoes, and other Im- ple- 302 Debates relative to the [Day XV« plements of Offence, for the Sea Service, and might, probably, run to an Expence of forty, fifty, fixty, or even one hundred thoufand Pounds a Year, and, why we fhould, in a Si- tuation fo diflreffed as we were known to be in, fet about making fuch expenlive Prepara- tions for others, he faid, he could not tell, ef- pecially in a Time of profound Peace, and juft after the Conclulion of a War, which it was to be hoped rendered another War high- ly improbable, at leaft for fome Time. He faid, the Ordnance already coft near 30,000 /. a Year, and, that he was perfuaded, that if this Inditution, and the Laboratory went on, without controul, they would be much more injurious to Ourfelves than to our Enemies. He added, that the Staff of General Officers, in Ireland^ amounted to two and twenty thoufand Pounds a Year, though in England it amounted to no more than Eleven, fo that the Expence in that Article was juft double, which, he faid, was furely furprizing, as in this Town there was feldom General Officers enough to make a Board. He concluded, that if fome Regulation, with Refpe(5t to the public Expences, in almoft every Branch, was not made, there would not be the leaft Sup- ply left for any Emergency, or for any Im- prove- Day XV.] Affairs of Ikel Ann. 303 provement, of which the Country flood in fo much need. Dr C — L — got up, and faid, that he was extreamly forry to find himfelf under a Ne- cefiity of making a Complaint againfl a very refpedable Body, the Dublin Society, which had been intrufted by the Houfe with no lefs a Sum than 10,000/. to be diftributed in Premiums : He faid they had fet out in a ve- ry proper Manner, and, after a ftrid: Enquiry into the Merits of feveral Claimants, they had allotted to each fuch a Proportion of this Bounty as they appeared to deferve ; that they had, in Confequence of fuch an Enquiry, al- lotted to a Family of the Name of Smith, the Sum of 500 /. but that they, foon after, re- ceived a Meflage from a certain great Perfon, acquainting them, that, in that Perfon's Opi- nion, 2,000 /. was little enough for that Fa- mily, upon which they did, contrary to their Judgment, and, in Breach of their Truft, grant to that Family the full Sum of 2,000 /. no lefs than four Times as much as they had de- termined to be equal to their Merit ; and they took the 1,50c/. which they had added to the .500/. originally allotted to the Smiths of Wa- terford^ Manufacturers of Tape, from the Sums ^(§4 Debates relative to the [Day XVj Sums allotted to other Perfons, whom they had before judged to merit them, in equal Proportions. He faid, alfo, that there were two Glafs-Houfes in Dublin^ one of Irijh^ and one of Englijh Eftablilliment ; that Part of the Irijlo one had, by Accident, been burnt down, and the Materials for making Glafs fo damaged, that, not being fit for fine Ware, it had been made into Bottles, which were of a good Fabrick, and fold for 1 8 j. a Grofs ; but becaufe it was an Irijh Glafs- Houfe, no Encouragement was given it by the Society, who, at the fame Time, gave a large Premium to an E?iglifi Glafs-Houfe, which caufed a Monopoly, and raifed Bottles to 20 J. a Grofs. The H— ble S— M-— faid, that he was prefent when the MefTage was brought to the Society, requiring them to grant 1,500/. more than they had, after a ftrid: and fair Exami- nation, allotted to the Smiths^ and that he propofed the MelTage fhould be entered on their Books, as the Caufe of their granting, fuch an Addition. Mr J— M— confirmed what t)r L — had faid concerning the Glafs-Houfes. Upon Day XV.] Affairs of Ireland. 305 Upon which it was ordered, that a Com- mittee be appointed to enquire into the Dif- pofal of 10,000 /. granted to the Dublin So- ciety, to be, by them, diftributed among the feveral Artificers, and others, who petitioned the Houfe for parliamentary Encouragement, the laft Seffions of Parliament -, and a Com- mittee was appointed accordingly. Mr £— S— P— faid, That he had made a Motion, a few Days ago, that the Sums which the Houfe fhould think proper to grant for the Encouragement of Manufadories, fhould be given in Premiums for the fuperior Quantity, or Quality, of the Manufadure, when it fliould be brought to Market, and not to particular Manufafturers : That he was perfuaded, from the general Difpofition of the Houfe, that the Method he propofed was more agreeable to it, than that againfl which he had excepted, notwithftanding it was rejed:ed, and that it was rejected merely to avoid giving umbrage to the worthy Mem- ber who had prefented the Petition, that gave Occafion to his Propofal, which, he declared, he made folely with a View to the publick Good, and not from any Difrefpe<51:, or ill Will, 306 Debates relative to the [DaV XV^ Will, to the worthy Gentleman, whom he highly honoured. He now added, that the Petitions which were every Day pouring into the Houfe, were fo numerous, as greatly to obftrudt its Bufinefs, and that the mere receiv- ing them, though no Money fliould be grant- ed upon them, would have a difadvantageous Appearance to thofe on the other Side of the Water, as being inconfiftent with the Poverty of which they complained, and the Burthen- fomenefs of various Demands, which they la- boured to evade. He therefore prayed, that the Houfe would come to a Refolution, that no Money fliould be granted by the Houfe, this Seflion, for the Encouragement, or Support, of any particular Trade or Manufad:ure whatfoever. To this no Oppofition was made, except that one Gentleman faid, he hoped it would not be extended to injure any beneficial Un- dertaking that had been begun fince the laft Seflions, under the Sandion, and by the Aid of Parliament ; for, if it appeared that the Money already received had been honefllyand judicioufly laid out, if would be great Pity that the Undertaking (liould flop for want of farther Aid. 5ome Day XVL] Jfairs of Ireland. 307 Some Gentleman, upon this, propofed, that the Motion might be amended ; however, it pafTed in the very Manner that Mr P— pro- pofed it, ISIemme Contradicente, MONDAY, J^ov. 14, 1763. SIXTEENTH DAY. SI R W-^ O— reprefented, that, as all Grants to Petitioners, for the Encourage- ment of Manufa(5tories, had been precluded by the Refolution of Saturday^ it was the Duty of the Houfe to encourage Manufadu- rers in general, by every other Way that could be devifed ; that the Paper Manufac- ture, in particular, ought to be encouraged, as of great Importance to the Kingdom, and, therefore, as particular Perfons concerned in it could receive no pecuniary Encouragement, he begged leave to move, that, for the Encou- ragement of the Manufacturer, the Houfe lliould come into a Refolution, that all the Journals, Votes, and other Tranfadions of that Houfe, fhould be printed upon I^aper manufa6tured in this Kingdom. X §ir :> o8 Debates relative to the [Day XVI. Sir R C — feconded this Motion, and faid, that the Paper Manufadure, being in its Infant State, and of great Importance to the Kingdom, it ought to receive every poffiblc Encouragement. Mr A— M-— . MrS , There is no Man in this Houfe, Sir, more ready to encourage the Manufacftures of this Country than myfelf, as no Man can have a fuller Conviction, that the Riches and Hap- pinefs of the Country depend principally upon them. Yet I fhould be forry to have this Houfe come fo fuddenly to a Refolution, which v^ould, in fome Degree, operate v^^ith the Force of a Law, and which may alfo give Jealoufy and Umbrage to Nations with whom we have Connexions, and whofe Good-will and Friendfhip we fhould do every Thing in our Power to fecure j there are alfo other ill Confequences to be appre- hended from the Meafure propofed, which, at leaft, make it advifeable, not to take it pre- :ipitately : If we may Credit the Memorial that Day XVI. Affairs of Ireland. 309 that lies upon the Table, we ought rather to encourage than difcourage the Importation of Paper, becaufe we confume more than our Manufacturers can fupply, and do not yet im- port enough to make good the Deficiency, which it is of great Moment for us to do. Printing is a Manufacture, the Encreafe of which neceflarily depends upon having Paper of a good Kind, and at a reafonable Rate, and there are confiderable Works of Printing now carrying on j if, therefore, we produce a Scar^ city of Paper, by prohibiting its Importation, we {hall raife its Price, and we fhall alfo debafe its Quality ; for our Paper Makers will have a Monopoly, and impofe upon the Stationer, Printer, and Confumer, what Commodity they think fit, and at what Price j however,^ as I am wholly ignorant of the State of our Paper Manufad:ory, and fpeak only upon Conjecfture, and the Credit of the Memorial, I have mentioned to be lying before us, I wifh a Committee might be appointed to en- quire, how far our own Manufactory of Pa- per can fupply the Confumption j if it can- not fupply the Confumption, I do not fee that this Motion is neceflary for its Encou- ragement. It will not encourage the making it by making a Market, for it has a fufficient X z Mar- 3 lo Debates relative to the [Day XVI. Market already ; it will not encourage the making it better^ for when it is confumed in confequence of an Order, and not by Prefer- ence, the Manufadurer, will, be lefs felici- tous to recommend it by its Quality, and gain it the Preference, than when the Sale depends upon fuch Preference. I hope, therefore, that the Gentleman will withdraw his Motion, and that a Motion will be made for the Appoint- ment of a Committee, to make fuch Enqui- ries as may be previouHy neceffary to direft our Determinations. Sir/^'— O— . Mr S , Whatever Deference I pay to the Judgment of the learned Gentleman, who fpoke laft, I muft be excufed from withdrawing my Mo- tion 5 as Committees have been frequently appointed, lince the Year 1749, for the very Enquiry he mentions, concerning the State of our Paper Manufa<5lory, and frequent Re- ports made, and Premiums given for its En- couragement, I think its Progrefs and prefent State muft be fufficieiitly known ; however, lam Day XVI.] Affairs o/'Ireland. 3 1 1 I am commiffioned to afTure the Houfe, that the Manufactory of Cork alone would fur- nifli this City with forty thoufand Rheams a Year, and, that there are, at leaft, twenty other Manufaiflories, which, if they had pro- per Encouragement, would be able to fupply the whole home Confumption, and, where fo many Mills are conftantly at Work, I fee no danger of a Monopoly j there will be a fuffi- cient Rivalry among them to keep Paper at a reafonable Price, and to furnifh a good Com- modity. Belides, I do not fee how the Meafure, propofed by the Motion, can leiTen the Importation of foreign Paper any other- wife than by tending to gain the Preference for our own Paper, both with Refpe6t to Quality and Price, by encouraging the Ma- kers to perfevere in the Exertion of their Di- ligence, and their Skill. Is a pretended Re- gard to Foreigners, or a Fear of giving them Umbrage, to prevent our endeavouring to eftablifh Manufadlures of our own upon fuch Principles, and by fuch Means as thcfe P If the Price of our own Paper is unreafonably raifed, and the Quality rendered worfe by this Motion, it will rather encourage than prevent the Importation of the Commodity ; for what fhould hinder the Stationer, Printer, X 3 and ^ 1 5 t)ebates relative to the [Day XVI, and Confumer, from ufing fuch Paper as de- ferves the Preference, whether with Refped: to Quality, or Price, fuppofing the Meafure propofed by the Motion to take Place ? And how, Sir, can this Meafure tend to make Paper fcarce ? Will more Paper be ufed by this Houfe than was ufed before ? If we propofed to make an Order, that for every Sheet we ufed we fhould burn another, under a Notion of encouraging the Manufacture, by cncreafing the Confumption, then it might be objected, that we fhould make Paper fcarce ; but, we propofe no fuch Thing, we only propofe that the Quantity of Paper we have been ufed to confume, fhall, for the future, be fupplied by our ownManufa6tures; and, furely, there is nothing in this that can hurt any other Manufadture of our own, or juftly give Offence to any other Country, as an Injury to theirs. What Encouragement the Paper Manufadure may receive from the Motion it is not neceffary to enquire, for it is not oppofed, upon Pretence that it will give no Encouragement, but the contrary, that it will give too much. I have already fliewn that this Pretence is groundleis, and, I fhall now fliew, that fuch Encouragement as it can give to that Manufactory, the Manufac- tory Day XVI.] Affairs of Ireland. 313 tory ought to have : It is a Manufadlure of great Importance in itfelf, and it is alfo of great Importance as a Branch, though a rer- mote one, of the Linnen Manufa^flure ; Paper is a Commodity fabricated from Materials, which would otherwife be of no value, and it employs a great Number of Perfons, who, from their Situation, and Circumftances, could be employed in no other Way than the col- leding fuch Materials together. That the Meafure propofed would operate with the Force of a Law, prohibiting the Importation of Paper, 1 have (hewn already to be a mere groundlefs Pretence : You, Sir, (addreiling himfelf to the Speaker) and this Houfe have a Power of ordering the public Proceedings of Parliament to be printed in what Manner, and upon what Materials you think fit, but your Order cannot extend further, and, there- fore, for any Thing yet offered, I muft hum- bly beg leave to be excufed from withdraw- ing my Motion. Lord B — got up, and faid, that he had po Objetftion to any Motion that could pro- duce fo falutary a Purpofe as the Encourage- ment of a ufeful and confiderable Manufac- tory y but that to prevent all Appearance of X 4 Rival- J5I4 Debates relative to the [Day XVI. Rivalihip, and render the Meafure agreeable to every Body, he propofed to make an A- mendment, and that Paper of Britifi Ma- nufadture ihould be included in the Motion. Sir i?— C— . MrS^ I hope, Sir, I fhall be excufed, for making a flight Obfervation, on what has been faid, by the honourable and learned Gentleman who fits on the oppofite Bench j it has been infinuated by that Gentleman, that the Dif- couragement of Foreign Manufactures, by the Encouragement of our own, ma,y give Um- brage to Countries, with which we are con- neded j but, if the pleafing our Allies is to interfere with the Execution of a Meafure, which, we think for our own interior Ad- vantage, we fhall be in a State moft deplor- ably dependant and confined, and become the Servant of Servants, in the moft mortify- ing Senfe of the Words. As to the Amend- ttient in favour of Britifh Paper, I am afraid it would be attended with very great Incon- veniencies, and, in a great Meafure, defeat the Intention of the Motion, for it would be very eafy Day XVL] Jfairs of Ireland. 31^ eafy for the Eiiglifi Factors, in league with the Fadors here, to pour in, by the Way of EfJgland, a vaft Quantity of Paper made by the Dutch', is there not every Day a vaft Quantity of French Silk obtruded upon us, as the Manufadure of England f Is this Griev- ance fo foon forgotten ? Every body knows that the Fadors make up the Cockett, and, that the Land-waiter very frequently knows nothing of the Matter, though he is obhged to the contrary by his Duty, and, as we have no DupHcate for Paper, there being no Ad: of Parliament for that Purpofe, and it being made of Rags, that are picked up in the Streets, it will be impoffible for the Printer ito fwear whether the Paper he ufca is Britijh Manufacture, or Foreign, as there is no poffi- bility for him to afcertain it. Indeed, I am averfe to the Ericreafe of Oaths, fyr, as far as 1 have been able to obferve, they do little more than increafe Perjury. Let me add, that the Britijh Manufadory of Paper is not fufficient to fupply the Confumption of that Country, and that Ireland gets fcarce any from thence, for, upon infpeding the Cuf- tom-Houfe Books, I find, large Importati- ons of Paper from Holland, but little or pone from Great Britain - I, therefore, chufe to ^l6 Debates relative to the [Day XVf. to have the Queftion put, without the A- mendment. It was, however, agreed, that the Queftion fhould be put with the Amendment, and then Mr H—S^ faid, That though he fliould have objected againfl it, as firft propdfed, yet he was now ready to give his Vote for it. Mr P— r— , the A. G. faid, tliat he could never vote for any Motion fo precipi- tately put, fo late in the Day, and fo unex- pected by the Houfe ; he faid, too, that a Refolution of the Houfe would influence many, though it would not bind them j that the Houfe was but one Part of the Legifla- ture, and had no right to do what would bind even a nngle Perfon ; that Gentlemen who had coniidered the Motion maturely in their Clofets, might be Mafters of it, and that other Gentlemen had an undoubted Right to a competent Time for confidering it, that they might be upon equal Terms with thofe who had confidered it already, and that he thought no Method fo fit for this Purpofe as the Appointment of a Committee ; but, that as it was Infifled, that the Queftion Ihould be put, he muft beg leave to put the previous Day XVI.] Affairs of iRvXA'an. 317 previous Queftion, whether it fhould be put or not. The Motion was as follows : " That from and after the firfl: Day of December next, all the Votes and Journals of this Houfe, Public Accounts, Acfts of Parliament, and other Matters to be printed by Order of this Houfe, or for the Public Ufe, fhall be printed on the beft Sort of Paper manufadiured in Great- Britaifi^ or in this Kingdom j and that no Charge for Paper to be made ufe of, after the faid firfl Day oi December^ fhall be allowed in the National Accounts, or paid by the Public, without an Affidavit made before a Magi- ilrate, by the Perfon claiming Payment, that the Paper fo charged is the Manufa(fture of Great-Britain, or of this Kingdom, or was bought from a Manufadlurer of Paper as the Manufadture of Great-Britain, or Ireland^ excepting the Statues now printing under the Diredlion of the Judges." And the previous Queflion being put, that that Queftion be now put. It pafTed in the Negative. TUBS- 3i8 Debates relative to the [Day XVII. TUESDAY, Nov, 15, 1763. SEVENTEENTH DAY. MAJOR W— B — made a favourable _ Report from the Committee appoint- ed to take the Whale Fiihery into Confide- ration, and it was ordered to be referred to the Committee of Supplies. A Report was made from a Committee, appointed to confider of Repairs, that were wanting to St Catheri7je's Church, and a Mo- tion was made that this Report fliould be re- ferred to the Committee of Supplies. This Motion was oppofed, and it was urged, that the PariQioners were able to repair their Church at their own Expence. Mr R- F-. Mr S- I have great Reafon to think. Sir, that the Parifliioncrs are not able to repair their Church at their own Expence, and, I think, that Day XVII.] ^Jairs of JRELAi^D. 319 that nothing can be more worthy the At' tention of Parliament, than the keeping the Places of Worfhip in the Metropolis in de- cent Repair. External Appearances have a great Effe(ft upon the Mind, which cannot without the utmoft Difficulty be abftradeci from fenfible Objedls, or confider the wor- fhip of God as wholly diftindt from the Cir- cumflances in which it is performed j we fhould, therefore, avail ourfelves of AfTociati- ens of Ideas, which we cannot break, and contrive that the Worfhip of God fhould bq performed in fuch Circumftances as will mofl concur to put the Mind in a proper Frame for it, and, confequently, give it a more ef- fe(flual Influence. A ferious Senfe of Reli- gion, and a confcientious Performance of its Duties, will difpofe the common People to be good Neighbours, and good Subjedls, and greatly tend to quell a contumacious and tur- bulent Spirit, which has of late fo much in- terrupted the Public quiet, and, in fome De- gree defeated the Purpofes of Civil Govern- ment. The Queflion being then put, whether the Report fhould be referred, it was carried in the Affirmative 76 againfl 60. 320 Debates relative to the [Day XVII. The Committee appointed to confider the Petition of the Minifter and Church- wardens of St Andreivs reported, that it was neceilliry to enlarge the Burial Ground of that PariOi j this Refolution of the Committee was ftrong- ly oppofed by Dr L— , who demonftrated, that the Effluvia of corrupting Bodies, thrown together in great Numbers, but juft below the Surface of the Earth, in populous Cities, could not but produce very pernicious Confequences. He obferved, that the Pracr tice of thus burying the Dead was contrary to that of all Antiquity, and of moft of the great Cities in Europe, to none of which it could be more pernicious than to Dubli?i^ as the Streets were very clofely built. The Refolution was, upon Motion, recom- mitted. 4 WED- Day XVIII.] u4ffairs of Ireland, 321 WEDNESDAY, Nov. 16, 1763. EIGHTEENTH DAY. THIS being the Day appointed for con- fidering the State of the Penfions, and how the Encreafe of them might be pre- ^nted. Mr £— *S — P — moved, that the Houfe {hould proceed upon the Bufinefs of the Day. Mr y- D MrS- No Man in this Houfe, Sir, is more fen- fible of the many Difad vantages that arife from the Encreafe of Penfions, as they are now grant- ed, than myfelf ; and an Enquiry into the State of this Grievance, and the Means of redref- fing it, is certainly a very fit Objed: of the Attention of this Houfe ; but I cannot think, Sir, that fuch an Enquiry is neceflary at this Time, becaufe we have the greatefl Reafon t0 3^2 Debates relative to the [Day XVIII,' to believe that ail tlie Advantages which could be expected from it will be obtained without it. I m«ft again mention the Af- liirance by which his Majefty has been gra- cioufiy pleafed lb anticipate Our Wiflies. He has allured us, that no Penfion for Life, or Years, fl:iall be granted for the future, except on extraordinary Occafions j and thefe are the Penfions, Sir, at which we have mofl Reafon to be alarmed ; they are permanent ; they are transfcrrable ; and they are not fub- jed to difquaUfying Laws : Gentlemen, in- deed, have faid, that every Occafion, which a Minifter fliall pretend to be extraordinary, will be fufficient to evade the Promife j and that he will have nothing more to do, when he is inclined to grant a new Penfion for Life, or Years, than to fay, that there is an extra- ordinary Occafion for it. But, Minifters, Sir, however corrupt, very feldom venture upon a bad Meafure, which they cannot veil, with a Pretence that is at leaft fpeclous, and will at the firft Glance give it the Appearance of Good ; that very Attention to their own In- tereft, which frequently leads them to betray the Interefb to the Publick mufi: neccflarily rcftrain them from open and flagitious In- fults upon the Reafon as welt as the Rights of Pay XVIIL] Affairs of Ireland. 323 of Mankind, and can any Gentleman prefent believe, that a Minifter who has a defire to reward his Pander, or his Borough Jobber, with a Penfion for Life, or Years, will have the Effrontery, or the Rafhnefs, to pretend that a Grant of fuch Penfion is upon an extraor- dinary Occafion, and, therefore, excepted in his Sovereign's Promife to his People ^ Let us, at leaft. Sir, give the AlTurance we have re- ceived a temporary Credit, and fufpend our Proceedings till the next Seffions, when, if we fee fufiicient Reafon to diftrufl: it, we may take the very Meafure that is now pro- pofed, with more Juftice, and a better Grace. At prefent, it is manifeftly premature, and wholly repugnant to the Confidence that we ought to place in his Majefty's Declaration. I, therefore, humbly move, that this Queftjoft may be poft-poned till the firft Day of nexf >/^. Mr E- S- P— . MrS , 1 remember. Sir, and fo I am fare does every Gentleman prefent, that when the Mo- tion for determining the Right of granting Penfions by a Trial at Law was rejected, it 324 Debates relatroeto the [Day XVIII, was the unanimous Opinion of this Houfe, that Penfions were fuch a Grievance, as a Committee ought to be appointed to enquire into, and confider how to redrefs j and that the Houfe did, accordingly, come to an una- nimous Refolution, to refolve itfelf into a Committee for that Purpofe on the next Ttief- day : But, as other indifpenfible Bufinefs took up great Part of that Day, it was made another unanimous Refolution of the Houfe, that the Confideration of the State of the Penfions, and how to prevent their Encreafe, iliould be undertaken this Day. But, I am forry to fay, that, notwithflanding thefe Re- folutions, I have but too much Reafon to beHeve the Sitting; of fuch a Committee was never intended j and I think it my Duty to communicate fuch Reafon of my BeUef to the Houfe. As I' was coming lall: M&?iJay from the four Courts, in my Chair, I was flopped by a particular Friend, a Gentleman of great Worth and Confcquence, who ailced me, whether I intended to go that Day to the Houfe. I anfwered, that I did not, as I kneW of: nothing that n?ade my attendance necefiary, and that, as I had been mach-fji- tigued by the Bufinefs of the Houfe, and of the Courts, I intendsd tamake that a Day of Refl : Day XVIII.] Affairs in Ireland.' 325 Rell: : He replied, '* You may not only take your Reft this Day, but every other Day of the Seffions, for Things are now fixed fo as to admit of no Alteration j no Enquiry will be made into the State of the Penfions, nor any Thing elfe done but what has been agreed upon with thofe who are to take the lead." To this I anfwered, with great furprize, that I could fcarce think what he told me was poffible. That the Houfe had been unanimous for an Examination, and had actually appointed a Committee for that Pui« pofe, but a few Days ago j that the Public expeded it, and that to difappoint them in an Expedlation fo reafonable, and on an Occafion fo important, would be wholly inconfiftent with the Dignity, as well as with the Duty of the Houfe, as the Members would then appear to be nothing more than State Pup- pets, with Wires in their Nofes, by which they were turned firft one Way, and then a- nother, juft as thofe who had the Manage* ment of them thought fit. Mr P — was here interrupted, by Mr P— » IT—, the A. G. Y 2. y\x 326 Dehdtes relathe to the [Day XVIII. Mrr . MrS— , Whatever private Converfation, Sir, the Gentleman, who fpoke laft, might have with his Friend, it is furely improper to introduce it into this Houfe ; and it is ftill more impro- per that Infinuations, fo injurious to its Mem- bers, (hould be fuppofed to have any Weight in it. I hope every Gentleman in this Houfe feels a proper Difdain at being reprefented as a Puppet, moved by the Did:ates of another's Will, and fufficient Spirit to (hew, by his Con- duct, that he a(5ts upon Principles of Freedom, and Independance, in confequence of his own Principles, and by the Determination of his own Judgment : As to the Enquiry, in Quef- tion, I Ihali, for my own Part, oppofe it, from a full Convidlion, that it is unneceflary j what could we hope more from this very Enquiry than an Alfurance from his Majefty, that he has con/idered the Grievance, and will redrefs it r and this Afiurance he has been gracioully pleafed to give us already. It is, indeed, true that this AfTurance has not come before the Houfe, with the Solemnity of a formal Mef- Dav XVIII.] uiffairsofl-R-ELA^D 327 fage, but Gentlemen feem to forget that his Majelty could not communicate it in that Manner, coniiftent with his Charadier, and Dignity. The Intimation to the Lord Lieute- nant is a Favour, and, if his Majefty is graci-^ oufly pleafed to wave his Prerogative in our behalf, are we to expecft that he fliould do it in a Way that would imply a Confcioufnefs of his having abufed it. His Majefty has, in this Inftance, treated us with a Condefcenlion and Kindnefs, of which, I may venture to fay, we have no Precedent ^ and fhall we re- turn it with Remonffcrance, and Complaint ? Shall we refufe a Favour from our gracious Prince, merely becaufe it is not offered in a Manner that would degrade himfelf ? I re- member, indeed, fomeGentlemen aiked, with a contemptuous Sneer, what this Houfe had to do with a private Converfation, at the Caf- tle J but, furely, I may now recriminate, and afk, what has this Houfe to do with a private Converfation in the Street. I had, certainly, a better Right to relate what I had heard, from the Lord Lieutenant, with a View to calm Animofities, and conciliate Affecftion, than the honourable Member, on the Bench near me, had to retail the Impertinencies of a bufy Pratler, who took upon him to foretell Y 3 the 328 Debates relative to the [Day XVIII. the Condud; of this Houfe, and impute it to diflionourable Motives^ which could tend only to excite Dilcontent, and DilafFedion, at a Time when Peace and Unanimity were efTen- tially necelTary, not only to our Profperity, but our Exigence. Upon the whole. Sir, I iliall, from the clearefl Convidion, and with the moll public and difinterefl:ed Intention, give my Voice for poftponing the Enquiry till the firfl of July. Mr £— S- P-. Mr S , i am forry to fay, Sir, that the honourable Gentlemen, who is juft fet down, would not have borne fo hard upon me, whatever he might have done upon my Friend, if he had not miftaken my meaning ; he has, in the l^recipitancy of his Zeal, fuppofed that I re- prefented the Members of this Houfe as Puppets, aduated by a concealed Power ; but, Sir, he will be convinced that I faid juft contra- ry : I faid, I could not believe what my Friend told me to be a Fad, and my Reafon was, that if it had been a Fad, the Members of the Houfe would appear to be Puppets 3 but, as I did net believe the Fad, neither did I be- lieve Day XVIII.] j4ffairs of Ireland. 329 lieve the Members of the Houfe to be Pup- pets, or to appear to be fuch ; now, Sir, whether the Fa6t related, by my Friend, was or was not true, I fliall leave the honourable Gentleman to determine, and, if it was true, I fhall alfo leave him to reconcile it to the Wifdom, Steadinefs, and Confiftency, that ought to diftinguifli fo confiderable a Branch of the Legiflature, as he can. Mr /T— B-, Mr S , Give me leave to fay, Sir, that at prefcnt this Houfe is as free from any Imputation of Diflionour, arifing from what the Gentleman who fpoke laft, let drop to his Friend, as a new-born Child would be from a Declara- tion, that if he fliould ever invade the Pro- perty of another? he would be a Thief J we have as yet been guilty of no Inconfiftency, and, like my honourable Friend, I cannot be- lieve, that we fhall : But, in what light fhall we ftand, if the following Fadls fhould be alledged againft us. " On Wednefday^ the Ninth of November ^ We agreed that the Penfions, charged on the Y 4 Civil 33^ Debates relative to the [Day XVIT}* Civil Eftablifliment, were an intolerable Grie- vance. On the fame Day, we pafTed an un- animous Rel'olution, That on the Tuefday fol- lowing, we {hould take that Grievance intci Confideration. On that Tuefda)\ we paire4 another unanimous Refolution, that we would confider the Grievance on the next Dav, and on that very next Day refolved, that we (liouid not confider the Grievance at all !" 1 fay. Sir, if this (hould be the Cafe, how can fuch Fluduation be accounted for ? by what flrange, by what miraculous Illumina- tion can we fuppofe Gentlemen to difcover inftantaneoufly, on Wednefday, that an Opi- nion, which they had formed on T^uejday^ after long Confideration and Debate, was er- roneous ? How fhall we account for Refo- lutions diametrically oppofite, pafled in the farheHoufe, and, by the fame Members, With- iii four and twenty Hours of each other ? Will there not be then fufficient Reafon to fufpedt the Influence, the mere mention of which has given fuch Offence ? Will not bur Proceedings be confidered as a folemn Mummery, and ourfelves as mere Shadows, changing Place with the Light behind us, and depending, for our very Exigence, upon It'? Day XVIII.] Affairs of Ir^ei. Ann. 331 ^t ? But this, Sir, bad as it is, is not the worft ; the Caufe of this Inconfiftency is ftill more alarming than the Inconfiftency itfelf ; whatever may be our Dependancc, it is for the Intereft of all Parties that we fhould, at leaft, appear to be free^ and, there is the greateft Reafon to fear that an Enquiry, which fuch extraordinary Methods are taken to pre- yeotj would difclofe Abufes, and Enormities, which it is of the laft Importance on one Side to conceal, and, confequently, on the other to difcover. If the PenlionS are not a Grievance, why fhould an Enquiry be pre- vented, that will fliew us our miftake ? If they are a Grievance, why fhould an Enquiry be prevented that v;^ill lead toRedrefs ? We are told, indeed, that fuch an Enquiry is preclud- ed, by an Affurance that his Majefty will grant no more Penfions for Lives, or Years, except upon extraordinary Occalion ; but, if we acquiefce in this Affurance, and if the Promife fhould be fulfilled, we fliall tacitly acknowledge a Power, to the mere forbear- ance of which we owe our Exemption from Ruin, and, under which, we muft acquiefce with filent fufferance, whenever it fhall be exerted over us. Though we may depend upon the exemplary Virtues of that moft amiable 332 Debates relative to the [Day XVIII* amiable Sovereign, whom Providence has, at prefent, fet over us, it would be romantic to hope that they will be tranfmitted to all who fhall fucceed him. It behoves us to do for our Poflerity, what our Anceftors did for us ; and, if it is poffible, fecure, as a Right, what as a Favour muft be precarious ; and proceed to an Enquiry, which we cannot now relin- quidi, without the Proflitution both of our Intereft and our Honour j an Enquiry which cannot but gratify a Prince, whole Happinefs is our Profperity, and which may reftrain any, who may hereafter delight only in the Dif- play of their own Power, and fondly endea- vour to derive Glory from Oppreffion. Mrikf- P-. MrS- I am extreamly furprized, Sir, to hear Gen- tlemen indulge themfelves in Declamations, only to repeat what has been faid already, and advance Principles that have been fliewn to be erroneous : It is, furely, taking up Time to very little Purpofe, that might be improv- ed to the Advantage of ourfelves, and the Public : It is making a Debate, once com- men- DaV XVIII.] A fairs of Ireland. 333 menced, endlefs ; and puts the bed Reafoner, in the Condition of Hercules^ ftriving with Anteus, who, the Moment he was thrown to the Ground, flarted up again with new Vigour, and gave his Antagonift the Labour of perpe- tual Conqueft, without gaining the leaft Advan- tage from his Superiority. It was irrefragably proved, in this Houfe, but a few Days ago, that the Crown had a Power of granting Pen- fions, without the Violation of any Law ; that this Power was, therefore, conflitutional ; and fo united with other Parts of the Conftituti- on, that, to fubvert it, would endanger the whole Chain, of which it was a Link. It . was proved, from our Statutes, from Hiftory, from immemorial Cuflom, from the Journals of this Houfe, not only that the granting of Penfions was legal, but that the Legality of it had never been called in Qaeftion ; and yet Gentlemen flill talk of exempting the Reve- nue from fuch Grants, as a Matter of Right, and affe(5l to talk as if nothing more was ne- cefTary to redrefs a Grievance, fuppofed to arife from thefe Grants, than to enforce Laws that have been broken, and alTert Powers that have lain dormant. We have no Way, Sir, of preventing more Penfions from being granted, but that of prevailing upon his Ma- jefty 334 Debates relative to the [Day XVIII. jefty not to do, what might be legally done j in other Words, by foliciting as a Favour, what we cannot claim as a Right : This Fa- vour, Sir, without Solicitation, is already of- fered us, and, it may reafonably be expedted, that thofe Gentlemen who are inclined not to accept it, fhould juflify their Principles, fo extraordinary and fo new, by fome Argu- ments equally new and extraordinary ; that they would, at leafl, get forward in the Dif- pute, and not, like a Horfe in a Mill, exhauft their Strength, by trotting in a Circle ; a Drudgery which the poor Beaft is always hood-winked to perform, and, in which, it is impoflible for us to imitate him, without ihutting our Eyes. Give me now leave. Sir, to obferve, that feveral Things have, in the Courfe of this Debate, been taken for grants cd, which ftill remain to be proved. We have been told that Penfions are greatly en- creafed, which is a Fa6t not to be denied j but it has been taken for granted, that Penfi- ons are a Grievance, in Proportion to this En- creafe, which is a Fallacy: Under the Pro- tedlion of thofe very Sovereigns who have en- creafed our Penfions, our Wealth is increafed in at leaft an equal Degree. If, in the Year jTOj, our Penfions amounted to 42,000/, and Pay XVIII. ] j^JairsoflR-ELAHD. 33^ and if, at prefent, they amount to 70,000/. it does not follow, that we are now in a worfe Condition than we were then, in the Proportion of 42 to 70 : Has not every Revenue, both public and private, encreafed in the fame Pro- portion ? Nay, have not the Fortunes of pri- vate Gentlemen been doubled ? Befides, Sir, Money has, finqe that Time, leflened near one Half in its Value ; fo that, although the Sum granted in Penfions is larger, the Grati- fication is not equal ; and, what the King now gives is lefs in Value than it was when we fuppofe that Grievance to have been tolerable, which we now alledge to be ruinous. There can be no Time more proper for the Difplay of Royal Munificence than the prefent ; great Opportunities for Diftin»:lion have offered du- ring a War now at an End ; and great Merit has been difplayed ; befides. Sir, our King is young ; he is juft afcended the Throne j his Heart overflows with Benevolence and Libe- rality ; and what Wonder is it, that, with fuch Claims upon his Bounty, and fuch a Difpofi- tion to beftow, he fliould have made Ibme Additions to the Penfions, which, yet, as I have obferved, do not exceed in Reality, ■vvhatever they may do in Appearance, the Qratuities beflowed by his Royal PredecefTors, in 336 Debates relathe to the [Day XVIIL in Circumftanees which lefs required them : Yet, even at this Time, and in thefe Circum- ftances, his Majefty is inclined to reftrain his own Difpofition, that he may gratify ours ; and what farther can be propofed by the En- quiry, it is impoffible for me to imagine.^ Mr R — F — faid, in reply, that he was forry to hear the Name of his Majefty io fre- quently made Ufe of in the Houfe 5 that it could not fail having' an Influence, from which the Houfe, as a third Part of the Legiflature, independant on the other two, ought al- ways to be free : That it was the more dan- gerous, in Proportion as his Majefty was the mora amiable, and would more effe<5lually fcreen a Miniftcr who had oppofite Qualities, He faid, alfo, that the mention of a Letter faid to be written by the Secretary to the Viceroy, was irregular, and of pernicious Tendency 5 and that, if it had come properly before them, it could be confidered only as the Letter of a Secretary, written to excuf6 or palliate the Advice of an unpopular and dc- hrudive Mcafure, and to prevent a con- ftitutional Enquiry into a Grievance, of which he had been the Caufe ; it was known, he fajd, that fuch an Enquiry was about to be {tl on Dav XVIII.] ^Jairs of Ikeland, 337 on Foot, (o early as the fecond Day of the Seffions, and that the Letter was written in Conlequence of that Knowledge, and with a View to effed what was now doing, the poftponing the dreaded Enquiry to a long Day. The R-t H— ble Mr P- T— , the A. G. in anfwer to this, faid, that the Affair of the Letter was intirely mif-reprefented ; that it was not written, in confequence of InteU ligence received that an Enquiry into Pen- fions would be fet on foot : But that the Lord Lieutenant, upon his firft coming into the Adminiftration, had applied to the King upon that Subjed:, with a View of doing an acceptable Service to this Country, and had obtained a Promife from his Majefly, that no more Penfions (liould be granted for Lives, or Years, except on extraordinary Occafions 5 that he communicated this Promife to the Gentlemen here, immediately upon his com- ing into this Kingdom, and that to confirm the' Promife, and give Weight to his Excel- lency's Report, his Majefty had been graciouf- ly pleafed to repeat it in a Letter, which he ordered his Secretary to write for that Pur- pofe. The 338 Debates relative to the [Day XVIII, The Order for the Day being read, upon the Motion of Sir K — C — , he fpoke to the following Effect : Sir i?_ C_. MrS— , I hope, Sir, it will not be fuppofed, that what I may offer upon this Occalion, proceeds from any partiality, either on one lide or the other : I am not inclined to fay any Thing againfl Penfioners, becaufe I was formerly upon that Lift myfelf j nor am I inclined to fay any Thing for them, becaufe I coniider my Efcape from among them as one of the mofl fortunate Circumftances of my Life. I mull confefs. Sir, that every Thing that has been faid to Day, upon the Que (lion now in Difpute, appears to me to be foreign to the Purpofe. The firft Thing propofed, by the Appointment of a Committee, is, an Enquiry into the State of Penllons ; but, I think, the State of Peniions is perfedly known already : What have we been doing, Sir, in our former Debates on this Subje<ft, but making an En- quiry that is now propofed to be made again ; and, what is there t© be difcovered, that is Day X VIII. ] Affairs <?/ Ir e l A n d. 339 not difcovered already? The next thing propofed, is, to feek Remedy for the Griev- ance which Penfions are fuppofed to pro- duce 5 but, furely, this is no mere than a Search for what is already found. The Re- medy is an Ad: of Refumption, a Remedy that has been applied before, particularly in the Reign of King William^ and this may be properly done in the Committee of Supplies, if we find that the public Money has been mif-applied, and that Penfions have been granted to unworthy Objedls, which will be the proper Subject of Enquiry there. If we find that 75,000 /. is granted in Penfions, and that this is a Load which we cannot bear, let the Supplies be 75,000 /. lefs. I am, how- ever, an Enemy to Heat and Animofity, and to the Relation of any Converfations that tend to produce either, and to the Reports of po- pular Clamour, by which the Deliberations of this Houfe iliould never be influenced j Itt us a6t, not under the Diredlion of Pafilon, but Reafon j not under the Influence of Power, but of Judgment j let us confider Grievances^ and redrefs them the fhortcft Way, and, that we may do fo, let us adjourn unneceflary En- quiries to a long Day. Z Mr 340 -Debates relative to the [Day XVIII, Mr A— M, MrS , I think. Sir, with the honourable Gentle- man who fpoke laft, that our Grievances fhould be redrelTed the ftiorteft Way 5 but the ihorteft Way to redrefs Grievances will not be to embarrafs and diftrefs the Govern- ment, under the Protection of which we can alone enjoy any national Advantages : To cut off 75,000 /. of our Supplies, becaufe we think 75,000 /. too much to grant in Penfi- ons, feems to me to be a defperate and violent Remedy, much worfe than the Difeafe : It feems to me to be as rafli, inconfiderate, and in- judicious, as it would be for a Man to burn his Houfe that he might deftroy the Fleas ; but I am of Opinion, that we may ftill do fomcthing that we have not done, and fomething which the Letter that has been io often mentioned has not precluded. We do not only want the Encreafe of Penlions to be flopped, but we want fome already granted to be refum- ed } and, before we can fpecify fuch as we think improperly beftowed, we mufl enquire into the Msrits and Characters of thofe that re- Day XVlII.] ^Jairs of Ireland, 341 receive them, and feleft the worthy from the unworthy, and reprefent the whole in a pro- per Manner to his Majefty. A Remedy we know we have j but it is proper to enquire, in the Committee propofed, what is the moft eligible Remedy, and to report it, in a parlia- mentary Manner, to the Houfe : And what- ever the honourable Gentleman, who fpoke laft, may fay, he muft be confcious, that, if this is not done, nothing will be done. Some Qentlemen have told us, that the Encreafe of Penlions is not a proportional Encreafe of our Burthen j or, at leaft, that our Strength is pro- portionably increafed with it j but they feem to forget, what may be feen with half an Eye, that our Strength is exhaufted by other La- bour, and that we have other Burthens, ftill encreafing, to fuftain. The military and ci- vil Lifts were never fo high as they are at prefent. We have contradled a Debt, from which we have hitherto been free ; our Taxes are more numerous and more heavy, and our Abfentees are multiplied. Let me only add, that we are now at Peace,- and, that if we are now taxed at our utmoft Ability, we (hall be able to afford no auxilliary Afliftance to our Sifter Country, in a Time of War, nor even fo much as to defend ourfelves. Z 2 CqI. 342 Debates relative to the [Day XVIII. Colonel y — G — . Mr S , It has been juftly obferved, by the honou- rable Gentleman who fpoke laft, that the Meafure propofed has two Objedis j the pre- venting the Encreafe of Penlions, and the Reduction of thofe already granted : We have the Royal Promife, that they fhall not be encreafed, and Time will, without any Trouble of ours, decreafe them every Day. It is this Gentleman's Opinion, that the pro- per Objed: of the Committee's Enquiry will be, which of the Pcrfons, who now receive his Majefty's Bounty, as Penfioners, are wor- thy, and which are otherwife ^ but a Mo- ment's Refledion will, I dare fay, convince him, that fuch an Enquiry will be attended with infuperable Difficulties. It is very pof- lible, nay certain, that his Majefly might have very juft Motives for granting Penlions to many Perfons, who, with Refpedt to ail that we can know about them, will appear to be unworthy of the Favour. The fecret Springs of Government cannot be laid open, and it is effentially neccffary to truft a difcretionary Power fomewhere. According to our Con- Ilitu- Day XVIII.J Affairs of Ireland. 343 ftitution it in his Majefty, with Refped to this Method of rewarding Services, either di^ redlly or indirectly, which he only can, and he only ought to know : It does not follow, that, becaufe a certain Perfon receives a Pen- fion, that Perfon does, or was even thought to deferve it by perfonal Merit, or perfonal Ser- vices ; but it might be very fit to reward the perfonal Merit, or perfonal Services of one Man, by granting a Penfion, at his Requeft, to another. His Majefty, who does know, and who only can know, what we fliould feek to difcover in vain, has taken our Circumftan- ftances into Confideration, which none of his PredecefTors have ever done ; and the wifeft Thing we can do, is, certainly, to avail our- felves of his gracious Difpofition, and rely upon the Allurance which he has, unfoUicited, been pleafed to make us. Let us, at leaft, ftay till this AfTurance (hall be violated, before we take a Meafure which cannot fail to grieve and to provoke him , which will betray our Want of Confidence in him, and Attachment to him, ^nd cannot fail of rendering him lefs inclined to concur with our Defires, and lefi^en his Complacency in our Profperity. Upon the whole, I think we can gain nothing by the JEnquiry propofed, and that we may lofe Z 3 much J 344 Tiehafes relative to the [Day XVIIl, much J I (hallj therefore, give my Voice for putting it off to a long Day, Mr T— Le H — made ufe of many Argu- ments, to fhew the Impropriety of making \Jit of his Majefty's Name in the Debates of the Houfe ; and faid, he (hould be very much fhocked and furprized, if, after an una- nimous Refolution of the Houfe, for an En- quiry into fo alarming a Grievance, a contra? ry Refolution fhould take Place, and no En- quiry fhould be made. He faid, fuch a Change of Condud: could not poffibly be im- puted to a Change of Opinion, and muft, therefore, give Occafion to Surmifes higWy detrimental to the Honour and Dignity of the Houfe, wholly incompatible with the Inde- pendance of its Members, and the true Inte- reft of the Country they had been chofen to reprefent. The Queftion being then put, whether the Enquiry fhould, or fhould not, be put off for a long Day, it was carried in the Affirmative, 1 26 to 78. T H U R S- Day XIX.] j^Jairs of Ireland, 345 THURSDAY, Novemi^er 17, 1763. NINETEENTH DAY. MR £— . S.^ P— faid, that he would beg leave to poftpone the Motion he intended to make, with Refped: to addrefling his Majefty on the Penfions, and the Difcove- ry which he propofed to make concerning "" them, till after the Supplies were granted, as he would, by no Means, delay that Bufinefs. Mr iJ— F— . Mr S , I have the Pleafure to acquaint the Houfe^ that a Work of great Importance, at which we have been labouring fix and thirty Years, is, at laft, nearly compleated. The Key and Harbour of Ba/iy Cajile are now put into fuch a State, that more than fourteen thoufand Ton of Coals have been fhipped within the laft twelve Months, from thence to Dublin^ and other Parts of the Kingdom, which will now be provided with a NecefTary of Life of Z 4 univerfal 346 Debates relative to the [Day XIX. univerfal Confumpdon, and the greateft Uti- lity upon reafonable Terms, This Work was undertaken by Mr Boyd^ who agreed to advance the Money neceffary for the Purr pofe, out of his private Fortune ; and the Committee that was appointed to enquire into the State of the Harbour, and Colleries of Rally Caftle^ have come to the following Refolutions ; 1. That Hugh Boyd, Efq; hath built a \ compleat and lafting Harbour at Bally Cajile, of hewn Stone. 2. That it has not been in the leaft De- gree difturbed by any Stornis. 3. That feveral Ships have been faved by the Harbour, that would otherv^^ife have been loft, 4. That large Quantities of Coals have been exported from Bally Caftle Colleries, iince the Harbour has been built. 5. That the Harbour is a great National Benefit, 6, That Day XIX.] y^/n o/* Ireland. 347 6. That 7762 /. 6 s. 3^. has been expend- ed by Mr Boyd in the Work. 7. That this Sum Ihould be paid to Mr Boyd, to re-imburfe him his Expences. 8. That 1779/. 5 s. gd. being the Re- rriainder of the Sum of 9541 /. 12 s. at which the Repair of the faid Harbour was eftimat- ed, fhould be paid to Mr Boyd to enable him to compleat his Work. The Houfe agreed to the firfl: fix of thefe Refolutions, but, when the feventh was about to be read a fecond Time, Mr J— F— G-^, got up, and fpoke to the following Effed: : Mr y- jF— G~. MrS , I perfectly concur with the Houfe, in a- greeing to the firft fix Refolutions of the Committee, but, I think, it would be unpar- liamentary, to agree to the feventh and eighth, for the Re-imburfement of Mr Boyd ought, by fhe conftant Cuftom of the Houfe, to be re- ferred 348 Debates relative to the [Day XIX, ferred to the Committee of Supplies. I am alfo of Opinion, Sir, that the Houfe {hould be very cautious in granting away the pub- lic Money ; for it will naturally be inferred from profufe Grants, that we have Money to fparei and that our Complaints of the Pen- fions, and a heavy Civil and Military Efta- bUrhment, as a Burthen we cannot fuftain, are ill founded. I am forry to fay, that I have been Witnefs to many pecuniary De- mands upon this Houfe, which, I think, ought to be anfwered by the Inhabitants of the feveral Diftri(5ts that were immediately benefitted by the Works, on which the Mo- ney was expended, particularly Bridges, and Churches j and, I think, that as well on Ac- count of the real State of the Nation, as to fave Appearances, the ftridlell Oeconomy fhould be obferved. Mr R- F-. MrS- I am forry, Sir, that it is ncccflary to ob- fcrve, that the Demand now made, with which the Houfe has, upon the Refolution of a Committee, been moved to cQrpply, is very Pay XIX.] j^ffairs of IkELA^ty. 349 Very different from the Prayer of a Petition. It is the Demand of a Debt, Sir, which this Houfe has engaged to pay, upon Conditions which the Committee has reported to be fulfilled, and, which we have juft allowed to be fulfilled, by confenting to that Part of the Report. In a former Sefiions,Sir, MrBoyd un- dertook lo compleat a Work, at his own Ex- pence, upon Condition, that, when it fhould be compleated, he fhould be reimburfed by this Houfe -, this Houfe engaged to reim- burfe him upon that Condition 5 we have jufl agreed that the Condition is fulfilled, and the honourable Gentleman, now infmuates, that he fhould not be repaid his Expences, for fear the Government fliould think we had Money to fpare ! He has, indeed, recom- mended Oeconomy, and againfl Oeconomy I have no Objedion ; yet, befides, that it is bad Oeconomy not to pay our Debts, I mufl obferve, that there is no worfe Oeconomy than an ill-judged Parfimony. By with hold- ing the Sums neceffary to improve our Ma- pufadures and Trade, to facilitate the Com- munication of Place with Place, to fupply all Ranks with the NecefTaries of Life, and promote fuch Principles as produce good CjOndudj would as eftedually be our Ruin as the 35^ ^shtttes relative to the [Day XIX. the moft thoughtlefs Profufion. It is good Oeconomy to lay out Money with Advantage ; and Money laid out in repairing Harbours, perfedling Manufadtures, facilitating Commu- nication by Bridges, and promoting good Principles, by building Churches, will be re- turned in public Benefits, with an Increafe of an hundred-fold. » The R-t H— ble Mr ^— ikT— . Mr S , I perfedly agree, Sir, with the honourable Gentleman, who fpoke laft, that no Confi- deratlons of Oeconomy fliould prevent us either from paying our Debts, or procuring public Advantages j yet, I think, no Refolu- tion of this Houfe fhould be made to bind the Committee of Supplies to grant a certain Sum for a certain Purpofe. I am alfo of Opinion, Sir, that forne farther Examination fliould be made, whether the Condition, on which we have agreed to pay this Sum, which is upwards of feven thoufand Pounds, has been fulfilled. I would not be thought to bring the Report of a Committee caufe- lefsly into Queftion, but if rny Memory does not Day XIX.] Affain of Ireland. 351 not very much deceive me, no lefs than ten thoufand Pounds w^as granted, many Years ago, for the very Purpole now faid to be ac- complifhed j and, in a fubfequent Seffions, ten thoufand Pounds more, and the Work was then reported to be compleated as it is now, iyet, for want of fufficient Skill, in condu(5ling fo unufual an undertaking, and of fufficient Knowledge in chuling the Ma- terials, it came to nothing j the wooden Part was in a ftiort Time deftroyed by Worms, and the Waves foon afterwards beat down the reft. The Work being then to do over again, another Application was made, and more Money was granted, which was loft like the former, though reported to have been laid out to better Purpofe. I am, therefore, of Opinion, that though Mr Boyd undertook to compleat the Work at his own Expence, according to an Eftimate, upon Condition, that he fhould be reimburfed when it was compleated in an effectual Manner j and, though a Committee has reported it to be effectually compleated, or nearly fo j yet that it would not be prudent to grant the Money, except Mr Boyd will enter into fuch Securi- ty as ihall be approved, that it fhall ftand for 352 Debates relative to the \V>ay XIX. for a certain Number of Years, which it muft do, if the Committee is not miftaken in their Report. I think, therefore, that the Report with Refped to the 7th and 8th Refolutions fliould be recommitted, that the Report of the private Committee may come again in the ufual Way, before the Houfe, and that it may then, according to the conftant Ufage of the Houfe, be referred to the Committee of Supplies. Mr R— F — faid, in reply, that there wag the greateft Reafon to conclude, that the Work at Baliy Caftle would ftand, that mofl Part of it had already ftood four Years, and the reft two, and that Stone Work, when it gave way at all, generally gave way before the Cement was hardened ; and, he obferved, that as thefe Confiderations were Inducements to pay the Money without Security, fo they would, for the fame Reafon, incline M.v Boyd to give Security, if it fhould be required, which he made no doubt of his being ready and willing to do. Upon this the 7th and 8th Refolutions, were recommitted, the Houfe not being wil- ling to bind, or to influence the Committee ef Day XX.] Affairs of iKixAi^n] 3^3 of Supplies, in the Grant of the Money, claimed by Mr Boyd, FRIDAY, Nov. 18, 1763. TWENTIETH DAY. MR R — F — reported from the Com- mittee, to whom the 7th and 8th Refolution mentioned above were recommit- ted the following Refolution : " That Hugh Boyd, Efq; deferves the Aid of Parliament, upon his giving Security, by Recognizance before the Chief Baron, ©r fome other Baron of the Exchequtff, to fupport and keep in repair, at his own Expence, the Works by him eredted at Bally Cajile, for one and twenty Years." Dr L . Mr S , This Work at Bally Cajlle, Sir, has been made a Pretence for getting Money from the Public, ever fince the Year 1721 ; and, Mr Boyd, 2^4- Dekifes relative to the [Day XX, Boyd^ upon the Payment of the laft 10,000 /. gave the fame Security that he offers now for keeping it up -, yet the whole Work went to rack, and we engaged to advance him more Money. I am told, Sir, that there was a Sand-bank on the Outfide of that Harbour, which by the Surge is now carried into it, and renders the Ground there almoft level with the reft of the Strand, and it is well known, that there is no River or other Way by which the Sand can be carried out of the Harbour ; it is certain that the Public has not profited in any Degree, by the vaft Sums that have been laid out upon the Work, and, therefore, I fliall not give my Vote to re- ward Mr Boydy for having profited himfelf. MrP— r— , theS.a Mr S— , As I happen to be perfecSlly and particu- larly acquainted with the whole Tranfadiion concerning the Coal-Mine, and Harbour of Bally Caftle, I beg the Patience of the Houfe to lay it properly before them. A Colliery was firft difcoverad at Bally Cajile, in the Year 172 1, and Mr Steward, the Gentleman in whofe Eftate it lay, obtained a Grant from Par- Day XX.] Affairs of iRELANt). 355 Parliament of 2000 /. to aflift him in work- ing it 5 he obtained 2000/. more in the next Seffions, and another 2000 /. in the Seffions following. All this Money was expended in finking Shafts, and in other Works necef- fary to open and work the Colliery, which was of very great Advantage to Mr Steward^ and to the Neisrhbourhood, but no Advan- tage could accrue from it to the Public, ex- cept a proper Harbour could be made at Baily Caftle^ for exporting the Coals to diffe- rent Parts of the Kingdom j this being re- prefented to Parliament, 5000 /. was granted in one Seffions, and 5000 /. more in another, to make fuch an Harbour j but thefe Sums being found infufficient, 10,000 /. was grant- ed afterwards, at which Time Mr Boyd, to whom the Property of the Coal Mine had defcended, entered into Security to compleat the Work without farther Aid : But, not- withftanding this vaft Expence, amounting to no lefs than 26,000 /. tending principally to in- creafe Mr Boyd's private Fortune, and,notwith- ftanding the Security he had given, the whole Work fell to Pieces. But, after this Dif- appointment of the Public, and after this Forfeiture of his Engagement, he applied a-- ^ain to Parliament, in the Year 1759, for A a tarth^r 35^ Debates relative to the [Day XX. farther Aid : It is true, indeed, that he did not defire any Money in Advance, but he de- fired that if he compleated the Work, he fhould be re-imburfed his Expence. It is alledged, that the Parliament yielded to this Requeft, and plighted their Faith to repay him fuch Sums as he fliould lay out in the Work, upon Conditions that are now fulfill- ed ; but I do not find this Allegation fupport- ed by fufficient Proofs and, I think, con- lidering the vafl Sums that had before been thrown away upon the fame Project, and the Inefficacy of the Security that had been given, it is not very likely to be true : Plowever, he is now come with his Claim, and expeds that the Public fhould pay for a Work, which will immenfely encreafe his Eftate j this is a Meafure, in which I can never concur, and, if I thought it reafonable, that he ihould, in any Manner be re-imburfed the Sums that he has laid out for his own Advan- tage, I would propofe, that the Money (hould be raifed among thofe who fhare the Advan- tage with him, the Neighbourhood, which would have been furniihed with Coals from his Mine, if the Harbour had never exifted ; and by a Toll to be paid by the Shipping, that come into, and go out of the Harbour. The Day XX.] Affairs of Ireland. 'i^y The keeping tlie Harbour of Dublin clear is certainly a public Benefit, yet that is not done by an univerfal Tax, but by Methods, which, I think, may be very properly adopt- ed in the prefent Occafion. Mr y- J5— ,aC— r. Mr S , I very readily admit, Sir, that the Colliery at Bally Caftle has been an Object of Parli'a- , mentary Attention for many Years j and,' I ^think it is impoflible to. bring a ftronger Proof that it is of national Importance; the only Thing to be confidered, in my Opinion, is, whether the Harbour is, at. length, what the Wifdom of Parliament has been (^ dt- Urous to make it. If it is, fcarce any ' Sum can be called large, that has, or fliall be paid for that Purpofe, compared with the im- menfe Wealth that is annually drained from this Kingdom for Coals, or with the Benefit the Public will derive from our fupplying that Commodity to ourfelves. By the Account of Coals brought from Bally Caftle^ the lafl Year, it appears that there was a faving to the Nation of at leaft 10,000/. and it may A a 2 eafily 35^ Debates relatrce to the [Day XX. eafily be demonftrated, that the Trade mud encreafe every Day. It is true, tliat the Work lias not proceeded with an uninterrup- ted Succefs, and, confidering its Nature, it would have been a Miracle if it had -^ build- ing a Harbour is an undertaking that is not executed twice in an Age, and thoie con- cerned in it, having, confequently, no expe- riental Knowledge, miftake and mifcarriage are almoft inevitable ; the Lofs, however, that has accrued in carrying on the Works of Bally Cajilc^ arofe neither from mifma- nngement nor miftake ; but from an Event which no Sagacity could forefee, and which neither Diligence, nor Skill could remedy. The Worm, common in the Wcfi hidieSy but hitherto unknown in Europe^ got into, and deftroyed the Wooden Frame, on which the Mafonry was conftru(fted in the fame Man- ner as it is in all Works of the like Kind ; if it had not been for this Accident the Work would, in the Opinion of unexceptionable Judges, have ftood for Ages j and, by the Ac- counts that have from Time to Time been £;lven into this Houfe, by the Perfons intruft- ed with the Money that has been granted to carry on the Work, they appear to have laid it out with Integrity and Oeconomy. I will not 'An Day XX.] Affairs of Ireland. 359 not deny, that the Work is of Advantage to the Undertaker; but it is of much greater Ad- vantage to the Public ; and, furely, it would l>e unjuR, that the Public fhould withold from him a P^eward for the Service he has rendered it, merely becaufe a private Ad- vantage accrues to him from the fame A6t : It is the great Art, and the great Duty of Government, to make Duty co-incide with Intereft, and thus unite the Advantage of the Individual with that of the Community. The Government has very wifely allotted a Reward for apprehending Robbers -, and if a Man (hould feize a Thief as he wa5 going off with his Booty, and thus recover what he had flolen, would it not be very injurious to deny this Man the Reward, upon Pretence that he was a fufiicient Gainer by the Adl already, in recovering the Property that he would otherwife have loft ? It is certainly our Intereft to encourage thofe, who ri/k their private Fortune in Undertakings of pub- lic Utility, independant of the private Advan- tage they may obtain by their Succefs ; and, lam, therefore, of Opinion, that Mr Boyd^ having fucceeded, fliould be re-imburfed his Expences, which, if he had not fucceeded, would have fallen upon himfelf, A a 3 Mr 360 Debates relative to the [Day XX. Mr 7?— F — , in reply to Dr L — , faid, that he was furprized to hear one of the Re- prefentatives of the Capital objed:, to the Re- imburfing of Mr Boyd^ as that City profited more by the Work than any other Part of the Kingdom ; he was fure, he faid, that the Price of Coals was already reduced by it, as feveral Ships from Bally Cajlle^ had arrived with Coals but a few Days ago. Dr h — replied, that though he thought himfelf under the greateft Obligation to the City of 'Dublin, for making Choice of him for one of its Reprefentatives, yet he fhould be very fory to have it thought that he would fliew any Partiality to it, at the Expence of the Reft of the Kingdom j he added, that for his Part, he had as yet experienced none of the good Effeds of the Harbour, and Col- liery at Bally Cajlle^ for, that Coals were as dear as ever j and he thought it time enough to pay for public Service, when the Public experienced that they had been ferved. It was then urged, that the private Com- mittee was impovvered only to enquire into, and report jhe State of the Harbour of Bally Caftle Day XX.] j^fairs of Jkel and, 361 Ca/Iky and not to report that Mr Boyd de- ferved the Aid of ParHament. That it would, therefore, be irregular, and a bad Precedent for the Houfe to agree to that Re- folution, befides having an undue Influence on the Committee of Supplies. It was, therefore, propofed, that the Re^ folution fliould be recommitted. And it ' was ordered to be recommitted accordingly. A a 4 S A- 362 J^ebates relative to the [Day XXI. SATURDAY, A/c-u. 19, 1763. TWENTY -FIRST DAY. TH E Houfe, according to Order, re- folved itfelf into a Committee, to conr lider the Supplies, and the Lord Lieutenant's Speech. The R— t H— ble A— M— took the Chair as Chairman. Mr P— "T— , the A. G. laid before the Committee, an Account of the Supplies that would be abfolutely neceflary to carry on the King's Bufinefs ; and he particularly diftin- gijiihed the Sums neceflary for the Military Eftablifliment, for the Civil Eftablifhment, and, for the Payment of the Intereft on the National Debt ; He then, faid, that in con- fequence of the Expences, necelTarily attend- ing a burdenfome though fuccefsful War, the Parliament had granted a Power to the Crown, to raife 950,000 /. partly by Aids, and partly by Vote of Credit, but that it had not been found neceflary to raife more than 650,000 /. Day XXI.] ^j/W^ Ireland. 36^ 650,000 /. for which Infereft was agreed to be given at five per Cent., He then propo- fed that 100,000/. which had been lent free of Intereft for the firft Year, fhould fland at five per Cent, that the other Debentures fhould be thrown together; that 350,000/. fhould be drawn at four per Cent, and the Refl re- main at five ; but, that the Debentures at four fhould be lafb paid off: He then made a Computation of the Interefl-, and added the Amount to the Civil and Military En:ablifh- ment : He alfo computed the Amount of the hereditary Revenue, and the additional Du- ties, at a Medium for fourteen Years, and, de- ducting this Amount with that of the Loan Duties, from the Sum to be raifed, fliewed how much would remain for incidental Char- ges, the King's Letters, and the Improvement of the Country. He begged Leave to ob- ferve, that, of the Money borrowed, there re- mained in the Treafury 1 30,000 /. fo that the National Debt could not be flatedat more than 520,000 /. He then flated the Amount of the Military EflabHfliment in 1754, fince which Time, feveral Regiments had been fent from that Eflablifliment to America^ and, faid, that, although the mih'tary E- ftablifliment did now much exceed that A- mount 364 Debates relative to the [Day XXI. mount, yet that the Increafe could not reafon- ably be objedied to, if it was confidered that Part of it arofe from the Addition of Dra- goon's Pay J that the Number of Regiments, and the Staff, were alio encreafed, and an ufe- ful Body oF Artillery added. All thefe Aug- mentations, and Additions, he faid, were ab- folutely neceffary, and fuch as the Country could much better bear now, than it could bear the Eftablifhment of 1754 at that Time, though the Amount of that Eftablifliment was lefs ; and in this Opinion he hoped the Committee would concur. He obferved, however, that, before the Motion was made for complying with the ufual Grants for the Supply, it would be necelTary to put a Quef- tion on the State of the National Debt. It was, therefore, moved, that it was the Opini- on of the Houfe, that the National Debt was 520,000/. To this it was objedled, that, if the neat Debt was fuppofed to be 520,000 /. the Sum that remained, after deducting 130,000/. the Money ftill in the Treafury unfpent, from 650,000 /. the grofs Debt, the Nation would not get Credit for the 5000 /. Poundage on the Day XXI. Affairs of Ireland. 365 the 200,00/. borrowed by a Vote of Credit. {^See the Debates of the ninth Day.) Mr M— then faid, that he muft put the Queftion on the lefs Sum, and, therefore, mo- ved, that it was the Opinion of the Commit- tee, that the National Debt amounted to 5 1 5,000 /. at Lady-Day lafl. Mr R— Fitz-G — replied, he was well informed, and fully perfuaded, that the Vice- Treafurers had an undoubted Right, by Law, to the Poundage in Queftion, and had adlu- ally received it : He added, that now to de- prive them of it, by a Refolution of a Com- mittee of the whole Houfe, would be contrary to all Juftice : That if their Right was doubt- ful, it fhould be tried in a Court of Law, and left to the Determination of fuch Court. Mr J— Fitz-G—, and Mr P— T-, the A. G. declared themfelves to be of the fame Opinion. Mr F— G — faid, that, as the Houfe had not only acquiefced in the Vice- Treafurer's appropriating the 5000 /. but con- firmed it, he thought that the fetting afide by a fubfequent Law, what a prior Law had ear- ned into Execution, would be attended with much ^66 Debates relathe to the [Day XXI. much worfe Confequences than the Lofs of the Money. And the A, G. faid, that as he had not the leaft Doubt of the Vice-Treafu- rers' being entitled fo the Money which had been allowed them, he could not think it pru- dent to put the Public to the Expence of a Suit. The Queftion being then put on the lefs Sum, it palTed in the Negative, ^^ againft 57. And the Queftion being then put on the larger Sum, it pafTed in the Atfirmative, Ne- mine Contradicente. A Motion was then made, that the Com- mittee fliould agree to grant the u/uai Sup- plies, which produced the following Debate : Mr E— S— P-. I think. Sir, that our agreeing to grant a grofs Sum,' under the Denomination of ufual Supplies, will preclude us from the Advanta- ges of objedting to the Grant of Money for any particular Purpofe. It is the Cuftom, Sir, of another Country, to mention every Eflab- Day XXL] Affairs of Ireland. 367 Eftablifhment particularly, and provide for it as the Houfe thinks proper, after a feparate Confideration ; and I therefore intend to move for an Amendment in the Motion, and that the Word necejjary fhould be inferted^ inftead of the Word iifiial -, and then, what- ever Sums may not be thought necejjary^ and whatever Modes may not be thought proper, may admit of Debate ; Gentlemen will have an Opportunity to offer their Thoughts upon the Subjedt, and a better Regulation may take Place. As to what the honourable Gentle- man on the Floor has faid, .with Refped: to ftating the military Eftabliihment, I fliall beg Leave to obferve, that, I think, the lafl: mili- tary Eftablifliment, for a time of Peace, fhould not have been ftated from any particu- lar Year j if it is flated for the two Years 1752 and 1753, and for the two Years 1754 and 1755, and fo, at a medium, it will be found lefs than the prefent Eftablifliment, which is alfo a military Eflablidiment in Time of Peace, by a much more confiderable Sum. Now, Sir, I Oiall endeavour to fliew that the prefent Eftablifliment is not neceffary for any good Purpofe, either to us, or our fifler Country, for I iliall always confidcr our Inter- efts as united, and I (hall alfo endeavour to fluew 368 Debates relattve to the [Day XXI. /hew, that, whatever ufeful Purpofe it may be fuppofcd to an Twer, it miift incur Difad vanta- ges much more than equivalent^ by taxing us above our Ability. In the firft Place,^it will, I fuppofe, be readily granted, tliat the Milita- ry EftabiiQimentj dudng the Peace that was concluded at Aix-la-Chapelle^ was fufficient for that Time ; and I fliould be glad to know why the fame Eftablifliment is not fufficient for this. Has this Peace left us in lefs Secu- rity, or is it likely to be of lefs Duration ? As we have been lately taught to think the con- trary, by AlTurances of the higheft Authority, this cannot be fuppofed j and, if any Gentle- man prefent, can fuggeft another Reafon, why the Military Eflablifliment, that was fufficient then, is not fufficient now, I (hould be glad to hear it. But it has been faid, Sir, that we are now better able to bear the prefent Eftab- llfliment, than we were to bear an Eftabliffi- ment fo much lefs, when it took place. Now I muft, in the firft place, beg leave to ob- ferve, that, allowing this to be true, it cannot be fuppofed to juftify the Exceedings of the prefent Eftabliihment, if fuch Exceedings cannot be proved to be neceflary j for I Ihould be very forry to think any Gentleman in this Houfe imagined that our rjare Ability to fuf- tain Day XXL] y4ffairsof Irela^nd. 369 tain a Burthen, was a fufficient Reafon for laying it on. But, by what Powers of Elo- quence are we to be perfuaded that our Abili- ty is greater ? At theConclufion of the Peace oi Aix-La-Chapclle, in the Year 1749, Mo- ney was accumulating in the Treafury, as ap- peared from a Surplus that will not eafily be forgotten : The hereditary Revenues, as well as the additional Duties, were encreafing ; the Article of Management v/as much lower ; and the Lift of Penfions was comparatively fmall ; Employments, and their Salaries, were within narrower Bounds j there were no Ex- ceedings in the Concordatum, and extraor- dinary fecret Services were not thought necef- fary. But, at prefent, Sir, our Treafury is not only exhaufted, but we are encumbered with a Debt of 520,000 /. the Intereft of which our beft Calculators have been ex- tremely puzzled in contriving to pay ; the Lift of Penfions is enormous j many new and ufe- lefs Employments have been created, and the Salaries of the old ones greatly encreafed j many more Perfons, of great Property, are be- come Abfentees ; the Revenues of the Crown, during the laft Year, have decreafed more than 40,000 /. and will, probably, decreafe ftill more; and the Management of them is, not- with- %j6 Debates relative to the [Dav XX t witliftanding, regulated upon a larger Scale. We have read, Sir, very extraordinary Ac- counts of Etoquence, and Accounts ftiU more extraordinary of Mufic : We have read, Sir, that Amphionh Mufic influenced the Stones to dance into a Wall j and this Feat, I be- lieve, {lands hitherto unrivalled by any Pour- crs of Eloquence ; yet, I think, he that can perfuade us that we are richer, when we are not only without Money, but in Debt, than we v^ere when we were not only out of Debt, but had a conliderable Sum lying by us, will fairly turn the Scale in favour of Eloquence againfl: Mufic, and efFed a greater Wonder than AmphioUy who built Thebes with his Harp. The military Eflablilhment Is faid. Sir, to be a neceffary Preparative for War j but can that prepare us for War, which tends . to deftroy our Exiftence ? Are we to be pre- pared for War by a Drain of Taxes, which will exhauft, and more than exhauft us, du- ring Peace ? The beft Way o'l improving Peace into an Ability for War, is the Cultiva- tion of Arts, the Extent of Trc.de, and the Practice of Oeconomy ; for this only can in- ;| vigorate the Root, of which all the Modes of national Defence are Branches. I am adiam- ed, Sir, to defcend to Particulars, after fo ge- neral Pay XVil.] AffhirsoflvLEi.A^'b. 371 neral a Confutation of what has been faid in favour of our prefcnt Eftablldiment ; and yet, left It (hould be pretended that Particulars were pafied over, becaufe they were not un- derftood, I fliall beg leave to obferve, that, as Matters are now managed, the ufual E-^ rLabli{l:iment of 12,000 Men will coft us con- fiderably more than formerly, without produ- cing one fingle^ Advantage. Thefe 12,000 Men, Sir, are now formed into fix more Re- giments than they ufed to be, and the Num^* ber of Officers is, confequently, greatly in- ereafed j this increafes Expence, and it alfo increafes Dependants, which cannot be pre- tended, I think, to be national Benefits: Itis^ however, pretended, that, when a War fliall break out, thefe Regiments may be cafily re- cruited, and a neceffary Number of Men raifed without forming new ones j and that the Offi- cers, which are now faid to be fupernumerary, will be better able to difcipline the Men, than young Gentlemen juft taken into the Service: But, if the Peace continues long, the Expence of thefe Officers, till they can be ufcful, will be more than equivalent to the Ufe they will be of on the Approach of a War, even fup- pofing they will then be as ufeful as is pre- tended i but I think it is eafy to (hew thatthis ^ b will 372 Debates relathe to the [Day XXf. will not be the Cafe : Officers that have grown old in a State of liftlefs Inadivity, du- ring a long Peace, who have been ufed only to lounge about at Country Quarters, without any Thing either to think of, or to pradlife, but Expedients ta kill Time, naturally grow difiatisfied with their Profeffion, and get a Habit of negleding the Duties of it, by hav- ing little Duty to do ; and it is not reafona- ble to believe, that, upon an Augmentation^ Gentlemen in thefe Circumftances, and under thefe Habits, will exert themfelves with fa much Zeal aiid Adivity^ • as young Men, warmed with a Spirit of Enterprize, new to the Profeffion, and pleafed with the Splendor and Parade of it, when their Service is requir- ed : and, as to the Ability of difciplining the new Troops, every Gentleman, who has the leaft Acquaintance with military Affiiirs, knows, that the difciplining Recruits gene- rally falls to the Share of non-commiffioned Officers, and, therefore, that there is no need of an expenfive Train of commiffioned Offi- cers for that Purpofe. Let me alfo, upon this Occafion, obferve, that, during the lafk War, the new raifed Regiments diftinguifned themfelves as nobly as any of the Veterans of the Field, and that the Englijh Militia were remark- t) AY XXL] Affairs of lRV.hAi^Tf. 373 remarkably well difciplined. I come, now, to confider the Staff, and, as that Teems to have been enormoufly encreafed, without any Pretence of Advantage, the Trouble of (hew- ing fuch Pretences to be fallacious, is preclud- ed. I fliall only obferve, that the Eftablifli- mentin England'vs, 17,600 Men, and the E- flablil]]ment here but 12,000, but yet that the Staff here is double to the Staff in England : If in England the Staff is fufRclent, I fhould be glad to know why it is to be fo much more here j the Difproportion is immenfe ; if the Staff upon 12,000 was only equal to that up- on i7j6oo, the Difproportion would be great j but, if the Staff upon 12,000, is double to that upon 17,600, there mufl certainly be fome Reafon for it, very different from mere military Advantage. I am unwilling to fug- gefl that Reafon, and, indeed, it is fo obvi- ous, that it need not be fuggefted ; efpecially as moft, if not all the general Officers, are Abfentees. As to the Ordnance, which is another heavy Article of our Expence, hav- ing encreafed no lefs than 26,000/. I confefs myfelf wholly unable to conceive what End it can anfwer : We have no Fortifications, as I know of, to defend ; and, I am informed, upon very good Authority, that all this Ord- B b 2 nance 374 Debdtei relative to the [Day XXt. nance does not include as many Cannon as would mount a thirty-Gun Ship : There are, however, no lefs than twelve Clerks belong- ing to that Board, and it has, in every Re- fped, the lame Eltahlifhment, as to Officers, with that in Englmid -^ with all this it is liable to no Check, nor is it included in the Muf- ter-Office: At prefent, I confefs, this is not much to be regretted, for, I am perfuaded, the noble Earl, who now prefides in this De- partment, will take Care to have the Duty effecftually done, and the Corps kept com- plete. It is, indeed, a happy Circumftance for us, that he has been appointed to this Sta- tion, as well on Account of the Integrity and Uprightnels of his Character, as on Account of his redding and fpending his Fortune a- mong us : But if the Corps lliould go into the Hands of another Commander, who may, probably, be of another Country, the Differ- ence will be very much to our Difadvantage. The Commander has a Power of filling up all the Employments, except fix, which will then, probably, be given to Perfons who re- fide on the other Side of the Water, and the whole Corp?, being fubie(^ to no Check, might do what they pleafed. As the milita- ry Eftablifhment, therefore, appears to me to be Day XXI.] ' ylffliirs of Ireland. 375 be, ill every Refped:, inconfiftent with the National Iiitereft, and to be equally abfurd and pernicious, both in a general and particu- lar View, I muft beg leave to move, that the Word nece[jary may be inferted in (lead of the Word iifiiaL Mr P— r-,the A.G. To the Amendment now propofed by the Honourable Member, I have two Objed:ions ; I think it is, in itfelf, improper; and, I con- jfefs, I cannot conceive that it can aafwer any End. It is certain, that, in a neighbouring Country, a Supply is feparately voted for e* very particular Part of the Eftablifliment, and there it feems to be very proper, becaufe the Supplies are granted every Year : But here the hereditary Revenue is a ftandiiig Fund for the Exigencies of Government, whatever they may be ; and the additional Duties are voted only as an Aid to that Fund, and are, there- fore, confidered as included in it : The Sup- plies, therefore, are always voted in one Ag- gregate, and I do not fee how they can be voted otherwife. I cannot, however, com- prehend how this Mode of granting the Sup- plies, can deprive us of the Advantage of ob- B b 3 jedling 37^ Debates relative to the [Day XXI. jeding to particular Parts of the Eftablifh- ment, which may be thought improper or unneceiTary. If the honourable Gentleman thinks 12,000 Men too many, he may objed: to the Sum appropriated to the Payment of them J and, if it be the Senfe of the Houfe, that a fmaller Number of Men will be fuffi- cient, a lefs Sum will, confequently, be voted. The fame Thing may be done with Refpedl to the Officers, the Ordnance, and every other Part of the Eftabliiliment ; nor does the Mo- tion already made, in any Degree preclude it. The Amendment propofed, I think, is alfo improper in itfelf j for, if the Word neajjary is fubflituted inflead of the Wor.d iifual^ it will imply that fomething unneccjjary had been propofed. As to my making Choice of the Year 1754, in flating the Difference be- tween the prefent Peace EftablKhment, and that fubfequent to the Treaty of Aix-la-Cha- pelle^ I thought myfelf warranted in it, as that Year was, very nearly, a Medium be- tween the Conclufion of the Treaty, and the breaking out of the lad War. I muft alfo beg leave to obferve, that there are feveral un- avoidable Caufes of the Increafe of the prefent Eftabliihraent, which he has not confidered. The Pay of the Dragoons was incrcafed by a Vote Day XXL] y4fairs of Ireland. 377 Vote of this Houfe 5 there is a half Pay Lift which amounts to 32,000/. a Year, and an additional Staff was added to the Regiment of Dragoons ; if thefe Sums are deduded, he will find the Encreafe of the Eftablifliment by no means fo large as he would fuggeft. As to the Mode of fixing the Eftablifliment, it has, upon very mature Confideration, been adopted by a neighbouring Country ; and, as I am informed, approved by Perfons of the greateft military Experience. As the Increafe of our Expence, therefore, is not fo unaccoun- table as he fuppofes, neither is it fo burthen- fome : Let us confider the Amount of the Sums which we have voted for interior Im- provements, and, from that, infer our pecuni- ary Ability. In the two ScfTions before the Year 1753, 400/. in each Seflions was thought a fufficient Bounty for public Works : In the Year 1753, when there was a Surplus in the Treafury, no lefs than 30,000/. was granted in fuch Bounty, and 40,000/. more the Seffi- ons after wai ds, fo that from that Time to this, I cannot think there has been lefs than 400,000 /. granted for the Improvement of this Country, which, perhaps, is more than any other Nation in Europe has allotted to the fame Purpofe, confidering the Difference of B b 4 Extent 573 Debates relative to the [Day XXt. Extent and Revenue. Now, Sir, if we are able to expend fuch Sums upon other Objedls, of National Advantage, how comes it that we are crufhed at once by the Increafe of our military Eftablifhment ? As this Increafe a* rifes from the Execution of a Plan that has been approved by the beft Judges, as mofhef- fed:ual for our Defence, it lliould, in my O- pinion be confidered as neceflary to a Scheme for promoting National Advantages, and come in for its Share of the Sums allotted to public Works : Beiides, Sir, as I would not fuppofe that the vaft Sums granted for the Improvement of this Country have been ex- pended without Improving it, I mud: con- clude, that our Abilities, after Improvements adequate to fuch Sums, are proportionably greater than they were before, and that our Country is at once better worth defending, and more capable to provide for its Defence. I will add, Sir, that in Proportion as it is bet- ter worth defending, it is more likely to be attacked, and, for that Reafon, a more effec- tual Defence is necefl'ary ; what is worth keeping, is worth taking away, and our Dan- ger from without, increafing in Proportion to our interior Profperity, our Preparations for Defence fliould alfo proportionally en- creafe, T^AvXXi.] Affairs of Ireland. "^yg creafe, and the fame Circumftances that fur- nifh the Reafons for thefe Preparations, will alfo abundantly furnifh the Power. To con- elude, Sir, let me appeal from Argument to Experience ; every Gentleman prefent, has a pieafing Demonflration of the Encreafe of our public Wealth, by the Encreafe of his private Fortune, and, I call upon all that hear me, to declare whether, in general, it is not more than equivalent to the increafed Ex- pence of our Military Eftablifliment, which has, with all the Pathos of Exaggeration, been reprefented as an Inundation, or an Earth- quake, that was to fweep us from the Face of the Earth, or to bury us in its Bowels ; for thefe Reafons, I fhall Vote to have the Quef- ilion put, as I propofed it. The R— t H— ble W- G— H—. I am very forry. Sir, to find myfelf under a Neceffity of differing, as well from my honourable Friend near me, as from the ho- nourable Gentleman on the Floor, whofpoke lad : In my Opinion, Sir, the prefent Peace- Eftablifliment fliould be compared with that of the Year 1751, as that Year and the pre- fent are the Years immediately fubfequent to the 3 So Debates relative to the [Day XXI. the Treaties of Peace, and, I muft obrerve, that particular Circumftances, or Exigencies, peculiar to either Year, are not to be confi- dered as Parts of the general Plan, nor is the Expence which they might make neceffary, to be confidered as an Expence eilential to fuch Plan. Now, I do not find that the Ex^ pence of the prefent Peace-Eftablilhment, ex-f ceeds that of the Peace-EftabHfliment, in the Year 1751, more than 111,000/. Out of the Staff which makes part of that Sum, we muft iirft dedud the Sum of 5500 /. an addi- tion to the Salary of the Lord Lieutenant ; and the Sum of 4000 /. an addition to the Sa- lary of the Secretaries, making together 9500A we mufl dedud: the half- pay Lift which a^ mounts to 32,000 /. and the additional Pay to the Dragoons, which amounts to 20,000 /. more, with the increafed pay to the Deputy Quarter-Mafter, Adjutant-General, and other neccffary Staff" Officers, fo that the Encreafe of the Eftablifliment cannot be reckoned at quite 50,000 /. As to the Staff, I muft acknow- ledc^e, that it is heavier here than in England y but, I think, it is eafy to convince every candid and difpafiionate Mind, that it muft be fo •, there is not a fufficient Number of Gentlemen refident in Ireland, and properly quali- Pay XXL] Affairs in Ireland. 3S1 qualified to furniih the Staff; as a Staff, there- fore, is effentially necelTary, it muft be form- ed of Gentlemen who have Regiments in England^ and Seats in the Parliament there, with other Appointments, which make theic Attendance in that Kingdom indifpenfibly neceffary ; fo that if the Staff confiited only of the neceffiry Number, fuppofing the whole to be refident, the Bulineis could nevef go on, fome being always unavoidably ab- fent ; that a fuilicient Number, therefore, may be refident. to tranfad: the Bufinefs here, it is neceffary that the Staff fhould confiil: of Super-numeraries. I muff now obferve, that though the conftitutional Eftablifliment, in the Year 17 51, was 12,000 Men, yet there was at that Time but 11,500 Effedives kept up J but as we now keep up the whole Number, the Expence of 500 Men muft be dedudied from the 50,000 /. which the pre- fent Eftablilhment is fuppofed to exceed the Eftablidiment of 1751. But it is objeded, that, in the prefent Eftablifhment, there is a great Increafe of Officers ; I admit the Fad, but, I think It by noMeans unjuftifiable 3 Gen- tlemen, that are not experimentally acquainted with military Affairs, may fuggeft what they pleafe, but thofe that are, know that an Ar- my 382 Debates relative to the [Day XXI. my receives very great Advantages from a numerous Commiiiion. Officers that have been trained in the Service muft have a Skill that young Officers cannot have, and, allow- ing that Recruits are difciplined, chiefly, by non-commiffioned Officers, it is necefTary that the commiffioned Officer fliould have fome Experience, in order to fee the non- commiffioned Officers do their Duty, and to know when it has efFed:ually been done. Befides the Gentlemen who have Commiffi- ons under the prefent Eftabliffiment, were before in the Service, and, if they had not been taken into the Forces that were kept on Foot at the Conclufion of the Peace, when their own Corps were diftanded, they mufl have received Half-pay j fo that we have the whole Advantage of their Service for the ad-^ dional Half-pay, which they receive upon being employed ; neither is the Difproportion between the Officers and private Men fo great as appears at firfl Sight, when Allow- ance is made for the Redudion of a Com- pany from every Regiment, and a Man from every Company and Troop, which Al- lowance will reduce our Commiffion, nearly, to the fame Plan that has been adopted in Epigland, From this exceeding of 50,000/, we Day XXI.] Affairs of Ireland. 383 we muft alfo dedudl the Increafe of the Artillery, and the only Queftion will be, whether that Increafe is neceffary. Now, Sir, the State of the Artillery, before the pre- fent Regulation took place was wretched in the higheft Degree. Upon the little Alarm that was fpread by the ralh and hopelefs At-r tempt of Thurotj 3. Train of Artillery was marched to Newry^ and another was fent to Clonmel; but, neither of thofe Trains had fifty Men with them as a Guard, nor was there one of thofe that were with them, that knew how to fire a Gun ; it is, therefore, very clear thatfome Regulation was necefiary, and that which has been fo much complain- ed of, fcarce makes our Artillery proportio- nate to our Eftablifhment of 12,000 Men. The Artillery Company confifls of 400 Men, which coft 26,000/. a Year; now in Eng- Jandy where the Army confifts vf 17,600; the Train of Artillery confids of 1 500 Men, which cofls 150,000 /. a Year ^ fo that con- fider this Eftablifhment as you pleafe, it will be found neither difproportionate in itfelf, with Refped: to its feveral Parts, nor to the Ability of the Country, nor to the Service it is to perform ; it has been iaid, indeed, not to be adequate tq the Service, and that it could not 384 Debates relativeto the [Day XXI. not furnifh Cannon to a thirty-gun Ship, and this 1 am willing to admit, at prelent, be* caufe it is in its Infancy, but the very Objec- tion fliews a better State to be deiirable, and it is making its Progrefs towards a better State every Day. Upon the whole, Sir, I am perfuaded that 12,000 Men cannot reafon- able be thought too maay, and that 1 2,000 Men could not poffibly be put under a better Regulation. Mr H— F— . I obferve. Sir, that the honourable Gen- tleman, who Ipoke lad, among other Expe- dients to reconcile us to the enormous Ex^ pence of our military EHiablirnment, has ob- ferved, that, in many Inftances, it is the fame as in Great Britain ; but, furely, if we take Jiim at his Wo''d there needs no other Proof that it is an Expence which wc cannot pof- fible fuftain ; how is it poflible, Sir, that this miferable Country, precluded from every advantageous Branch of Trade, imall in ex- tent, and three fourths of it unpeopled, a Country that feels itfelf finking under a Debt of 600,000 /. the mere Interefl of wliich it has puzzled our moft able Calculator's to pay, how I Day XXL] Afcji/s of Ire lakd. 385 how is it pofiible. Sir, that this Country fhould keep pace with Great Britain, the moft flourifhing and moft opulent Nation under Heaven, with a Trade that covers the Sea, and bufies the moft diftant Parts of the Earth ; of great extent in comparifon with this inferior Spot, fwarming with Inhabitants, and abounding with Money ; a Nation that fuftains a Debt of 150,000,000 /. of which it pays the Intereft without giving up one Luxury, or neglecting one interior Improve- ment ? That we fhould be expected to pay for public Eftabhrhments, after the fame Rate as this mighty Nation is furely unreafonable in the higheft Degree j but the honourable Gentleman has gone farther. Sir, he has al- lowed that in fome Articles we pay after a ftill dearer Rate, even than Great Britai?i -, he has allowed, Sir, that our Staff is fuperior, and he has alledged that it ought to be fo, for a Reafon that exhibits our Situation in the moft mortifying and alarming View. Deplorable, indeed, is the Condition of that Country, which is under the unhappy Ne- ceftity of paying twenty Servants, that it may be ferved by ten, at the fame Time that the Wages even of the ten, amounts to more than it can afford to pay. We have been told, ^^6 Debates relative to the [Day XXf. told, Sir, that we mufi: pay a numerous Staff*, becaufe fome will be always abfent, and becaufe it is necelTary that a certain Number Ibould refide j now, Sir, it will appear, that after an unrealbnable Sum has been exacted from us to pay many, as the only Condition upon which we can be ferved by few, thofe few render us no Service at all j it is well known, Sir, that our whole Staff is abfentj notwithftanding the Refidence of a certain Part is fuppofed to be indifpenfibly necefTary, and, notwithftanding, we are to pay for the Refidence of that Part at fo enormous a Price : The Injury, therefore, that we fuffer by this Mcafure, is the moft complicated and aggra- vated that can be imagined ; wt pay a double Number, that we may have the Service of half; the Service of half is abfolutely necef- fary, but the Service of half is not rendered us, and it is not rendered, becaufe thofe whom we pay for it are, with others, whom we alfo pay for doing nothing, fpending oup Money in another Country ! I would not be thought. Sir, to exaggerate Fads by ima- ginary Circumftances, or give them a more formidable appearance by Rhetorical Flou- rifhcs } when General Officers on the Staff were wanted here at the Redudion of the Troops, Day XXL] ^Jhirs of Ireland. 2^1^ Troops, there was not one to be found, and we were under a Ncceflity of hiring other Generals to do their Bufinefs j and fliall we tamely confent to continue in a Situation at once fo oppreffive and ridiculous ? Shall we contradt Debts of which we can neither pay Principal, nor Intereft, that we may maintain a Number of Servants, whom we never fee, in Idl-. nefs and Luxury, and, at the fame Time, hire Men by the Day to wait at our Table ? There is one Article, indeed, in which the honourable Gentleman has told us, we are not rated equal to the Proportion obferv* ed in Engla?id, that of our Artillery j but, though our Artillery may be lefs in Propor- tion to our i2jOoo Men, than the Artillery of England^ in Proportion to 17,600, yet it does not follow that we are under-rated in that Article, for the Artillery of £;?g-/jWmuft be confidered as relative, not only to the 17,600 Men, which he has mentioned, but to a vaft Marine, of which he has taken no Notice ; and to feveral Forts, v/hich it is there thought neceflary to keep up ; whereas it is well known that we have neither Forts nor Marine. As I am now following the honour- C c -Mi 388 Debates relative to the [Day XXI. able Gentleman in a Comparifon that he has drawn between this Country and E?ig» land^ I cannot omit to obferve, that our Mi- litary Eftablidiment includes four Regiments of heavy Horfe ; that, in England , heavy Horfe have been laid afide, as well becaufe they are more expenfive, as becaufe they are kfs ufeful than other Troops j in this Article certainly, the Difadvantage is on our Side, and I fhould be glad to know upon what Pretence we are loaded with an ufelefs Expence from which our Neighbours are fet free. I think, Sir, that we have fome Reafon to complain of the Manner in which our Regi- ments have been multipliedj even fuppofing the Multiplication of them to be an eligible Meafure fimply confidered ; all our old Re- giments, Sir, fuftered a Redudion of one Company to make room for the new favo- rite Regiments that were to be placed upon this Eftablidiment J now. Sir, the Officers of thefe reduced Companies, had, furely, a right to confider themfelves as intitled to their Commiffions, and the full Advantage of them, at leaft, while the Regiments to which they belonged fl:iould be kept up ; the pub- lic Faith was pledged to them for this, and, upon Day XXT.] Affairs of Ireland. 389 upon their Confidence in the public Faith, they had formed their Habits of Life -, no Man can be blamed for not providing againft Contingencies, to which he has no Reafon to fuppofe himfelf liable ; and it is very inju- rious to fubjedl a Man to Evils, which he has neither deferved nor forefeen ; the Gentle- men, Sir, that have thus been turned out of their Appointments have Wives, Families, Creditors, or Dependants of fome Kind, who muft fufFer with them ; and the Injury to In- dividuals, muft, therefore, extend to a very large Circle -, the Mifchief, however, does not ftop here, for the Public is equally injured as a collective Body. The Increafe of Regi- ments and Officers, for which the Reduiftion of thefe Companies has made room, muft en- creafe the Power ofthe Miniftry,by encreafing the Number of its Dependants ; our Army is indeed, rather an Army of Officers than Men -, and the Influence of the Minifter extends as well to thofe who are in expectancy as to thofe that are in PolTeffion of Commiffions ; and this Diladvantage alone is, in my Opinion, much more than a Counttr-ballance to any Advantage, either real or pretended, in the railing Recruits, or difcipiining the Men. But whatever may be the Utility of the Eftablifh- C c 2 ment 390 Debates relative to the [Day XXI, ment propofed, I am fure it will be too dear- ly purchafcd by this Country, for the Ex- pencc; can never be defrayed but by a Tax upon Land, and, as this Country is circum- ftanced, a Tax upon Land muil be its Ruin. I, therefore, iliall give my Vote for the A- mendment, that we may, at all Events, fecure to ourfelves the Power of obje(5ling to thofe Parts of the Eftabndiment which (hall ap- pear to be Grievances, and, from which, not- withftanding what has been fuggefted to the contrary, many Gentlemen think we {hall be precluded, if the Refolution palTes in its pre- fent Form, M-j-r//^— 5-. After making feveral Calculations, and confidering the Eftablifhment in all its Bran- ches, concluded, that the additional Pay of the Officers, deducting the Half-pay, which they muft have received, if they had been difmif- fed, did not amount to more than 4000/. a Year. He faid, that the honourable Gentle- man, who fpoke laft, had infinuated that fome Regiments were Favourites : Favourites, he faid, was an opprobrious Name, becaufe it had been generally applied to thofe who did not Day XXL] Affairs of Iri.laud, 391 not deferve Favour ; but that we fliould con^ lider whofe Favourite a Perlbn was before we determined tlie Senfe of the Word j to be the Favourite of a refpedlable Charader, faid he, certainly implies Merit ; and thefe Regiments are the Favourites of the Public, the moft re- fpedable Character upon Earth j thefe Regi- ments moil: glorioufly diftingullhed them- felves in the Service of their Country, on the Plains of Minde?!, and have purchafed the Favour of their Country with their Blood; the Word Favourite, therefore, can be no Difgrace to them, nor to favour them a Dif- grace to us. The honourable Gentlemen, he alfo obferved, had hinted that heavy Horfe were not ufeful in Proportion to their Ex- pence ; but this, he faid, he apprehended not to be univerfally, though, perhaps, generally true ; becaufe the heavy Horfe, by their Weight, performed fuch Service at Marbourg^ as no other Troops could perform. In an- fwer to what had been alledged, with Refpedt to the Increafe of Minifterial Influence, by the Increafe of Regiments on the Efta- blifliment, he obferved, that the Influence ariling from the Dependance and Expedatiou ,Gf Officers upon Half- pay, would be much Cc 3 greater, 392 Debates relative to the [Day XXI, greater, and, for thefe Reafons, he declared himfelf againft the Amendment. Mr H— T*— , got up to anfwer Mr 5—, but Mr H — H—^ the P. S. having been up before him, he fat down. Mr H then repeated, and inforced the Arguments that had been before urged in fa- vour of the Nectfiity and Propriety of the prefent Civil and MiUtaryEuabU(hments ; and he added, that there was not a Kingdom in the World that had leis Reafon to complain of public Taxes, and that its Difadvantages, with Refped: to Trade, arofe rather from the Extravagance and Folly of its Inhabitants,than from any Reftraints that were impofed by Government; no check could be pretended he faid, except upon the Manufad:ures of Wool- len and Silk ; and this would be attended with no National Difadvantage, if the Na- tives would contribute to the homeConfump- tion of thefe Manufaiflures, by wearing them themfelves; which a fen felefs Vanity prevent- ed them from doing, at the fame Time that they were clamouring againft Government, upon Pretence that the Manufadories, thus languifliing by their own Folly, were not en- coura- Day XXI.] j^ffairs of Ireland. 393 couraged : He added, that Ireland fuffered much more from the Condud: of its Inhabi- tants, by wearing foreign Manufadtures, and fpending their Money in another Country, than by any Demands of Government ; and that whatever Outcry had been made againfh the Supplies, as exorbitant and oppreflive, it was certain that no Neceffary of Life had yet been taxed ; and that,even the Superfluities of Life, were enjoyed upon eafier Terms in Ireland^ than eifewhere. He obferved, that Money was never fcarce, where Intereft was low ; and that, in Ireland^ Money might be had, upon pubUc Security, at four^<?r Cent. and upon private Security at four and an half. He therefore concluded, that the vehement Complaints of Grievances, arifing from the Supplies granted to Government, were with- out Foundation j and diredly contradided by the general Condud: of the People ; that they could anfwer no End but the fomenting caufe- lefs Difcontent at Home, and encouraging hoftile Attempts from abroad ; and that the moft effediual Way of cultivating the Arts of Peace, and putting a Stop to the licentious Riots of the lower Clafs of People, was to con- cur unanimoufly in the Support of Govern- ment and the Laws. C c 4 Mr 94 Debates relative to the [Day XXI. Mr H — F — then got up^ and proceeded to anfwer Major JV-l^ B — , to the following Effed : Mr n- F-, \ fhall not attempt, Sir, to follow the ho- nourable Gentleman below me, on the Floor, from Plain to Plain, and from Battle to Battle^ in Order to difcover which of our Regimentsi diftinguifhed themfelves moft ; for I have al- ways underflood, that, during the lafl War, all the Britijh Forces behaved lo as equally to deferve the AfFe6tion and Efteem of their Country. I therefore, Sir, fee no Reafon to change my Opinion, that it was a very cruel and injurious Meafure to break one Company, in each of the old Regiments, to make room for new Corps : The old Corps had a Right to be continued by their Seniority and Situa- tion^ according to all Rules of Juftice, and by their Experience and habitual Service, accord- ing to all Rules of Prudence : Their Difmiffi- on> Sirj was repugnant to the very Conditions upon which they held their Ports, and con- trary to the known and eflablifhed Rules of all the Countries in the World. Some of the new Regiments that were thus eftabliflied, upoq Day XXi.] Affairs of Ireland. 395 upon the Ruins of the old, had no Service to plead J and others were kept on Foot, contrary to the very Conditions under which they were railed, for they were railed only during the War, or for a certain Time. The Injury, therefore, of continuing thefe, and difbanding the Veterans, was double ; the Veteran, the Soldier I mean, for they are Men as well as their Officers, were, by long military Service, difqualified for any other j and the new Men, who were not perfectly broken to military Subordination and Fatigue, wifhed to obtain their Difcharge j fo that we have contrived our Difmiffion and Eftablifhment in fuch a Mah- ner, as to puniih equally thofe whom we dif- band, and thofe whom we keep on foot, to fay nothing of the Injury done to the Public. The honourable Gentleman, Sir, has amufed us with very minute and elaborate Calculati- ons, but, I am of Opinion, they will convince very few that the Increafe of our Eftablifli- ment, with Refpeft to our Officers, amounts to no more than 4000 /. We have heard many Diftindions concerning the Sum of 1 1 1,0.00 /. which the prefent Military Ellab- iifhment is allowed to exceed the Ertablifh- pent immediately fubfequent to the laft War j vj {hall not enquire, Sir, into what Parts this Sum 39^ Debates relative to the [Day XXI. Sum may be divided, or examine the feveral Modes, Times, and Purpofes, of laying it on ; all that I think neceffiry to obferve is, that it is a neat Increafe of our Expence, and that it is beyond our Ability to pay, which, I think, is an infuperable Objcdlion againft it. The honourable and learned Gentleman who fpoke lad, has, indeed, inferred our pecuniary Ability from the low Interefl of Money j but though, in general, this Inference may be juft, it is not fo with Relpedt to us, and, I think, I can eafily {hew that the low Intereft of Money in Ireland^ is the Effedt of Poverty, not of Wealth : Our Securities are generally bad, and our Trade is under great Reftraints and Difcouragements j the few, therefore, who have Money to lend, are at a Lofs how to employ it. As we are an Ifland governed by our own Laws, and not connected with o- ther Stages in commercial Intereft, we are (fill defirous of laying out our Money at Home, and, as good Security is rare, we are tempted to lend our Money on fuch Security, when it can be found at a low Intereft, not bocaufe Money is plenty among us, but becaufe we have no Opportunity ofdifpofing of it better; and, if the honourable Gentleman will recol- lect, I am fure he muft acknowledge, that, except Day XXI. J Jffairs of Ireland. 397 except on public Security, and fuch private Security as is very rare, Pvloney is not to be had here for lefs than iix per Ce?U. befides Fees to Lawyers, and Attornies, in the very Adt of borrowing. The honourable Gentle- man has alfo mentioned the Cheapnefs of Provilions, and Labour, as another Inftance of our Wealth j but the Cheapnefs of Provi- iions and Labour, proves, to Demonftration, that the comparative Value of Money is high, and the comparative Value of Money can ne- ver be high, but where it is fcarce : Befides, Sir, Provifions and Labour are not cheap in a particular Country, in Proportion as they coft lefs Money, than in another Country; they are cheap and dear only with Refped: to the Proportion their Value bears to the Value of Money, whatever it is. If we look into our ancient Annals, we fliall find that there was a Time when a whole Sheep was fold for a Shilling, but it does not follow that Mutton was then cheaper than it is now j for it will be found that a Shilling was of the fame Va- lue then as the Sum is that will purchafe a Sheep now: If this is confidered, it will feem no Paradox, that though Provifions and Labour may be procured here for lefs Money than in another Country, yet they are equally dear ; and 5^8 Debates relative to the [Day XXI. and if we judge of the Number that cann»t procure the Provilions that the honourable Gentleman has fuppofed to be cheap, we inuft conclude that they are much dearer : I (hall therefore only delire the honourable Gentleman, and every other Member of this Houfe, to recoiled: the Situation of two Millions and a halfj of the three Millions of Inhabitants which this Country is fuppofed to contain, and then lay their Hands upon their Heart?, and declare whether their Country is rich or poor. As to the Riots of the lower Clafs of People, which, it muft be confefTed, have been too frequent, I think the molt ef- fedual Way of preventing them, would be to avoid the Subllitution of real Evils in the Place of thofe imaginary ones that have milled them ; for, though we have no Realbn to de^ fpair of quieting their Minds, when it may be done by diflipating an lilufion, yet there will be little room for Plope, when it can be done only by concealing a Reality. Mr T'— Le H— faid, that he thought it very improper to anticipate a Debate, which could properly come on only upon an En- quiry into the Grievance fuppofed to arife from the Eftablifliment, which was not the Subjeiflt Day XXL] ylfairsoflR-ELAiiD. 399 Subjed; of the Day ; and, therefore, he fliould only fay, that, in his Opinion, the A- mendment ought to be admitted, as it feemed to be the prevailing Opinion, that the Mo" tion, as it now flood, would preclude fuch an Enquiry, which, he was perfuaded, the ho- nourable Gentleman did not intend : He ad- ded, that he thought the Word neccjfary could be no Slur upon their Proceedings, but that they greatly expofed themfelves to Cen-r fure, by obje<fting to fo reafonable a Word. Mr P — T— , the A. G. fliid, that, in that Houfe, he never coniidered himfelf as a Ser- vant to the Crown, being fenfible that every Service to the Crown was a Service to the Public, their Interefls being infeparably united. It was true, he faid, that it fell to his Share, in Virtue of his Employment, to propofe tlie Eftablifliment, and made no Doubt but that his honourable Friend, who propofed the A- mendment, would, upon RecoUedion, be of Opinion, that every proper Enquiry might be made, if the Motion fhould pafs without A- mendment, and, therefore, that he would not infift upon the Motion for Amendment, which, if agreed to, would be contrary to the immemorial Pradice of that Houfe. Mr 4oa Debates relative to the [Day XXI. Mr E— S— P— faid, he hoped he had faid notliing from which his honourable and worthy Friend could infer that he meant to recede from his Opinion, or his Purpofe ; and, therefore, inlifted on the Queflion for the A- mendment, adding, that, if it pafTed in the Negative, he would trouble the Houfe no more, as he (hould be convinced it would be to no Purpofe. The Queftion Was then put, and it paffed agai?ift the Amendment, 122 againft 74. After this, many Petitions, which had been referred to the Committee of Supplies, in Favour of new Works, were rejed:ed, it being alledged that confiderable Sums were neceilary for carrying on Works already be- gun, which would otherwife be abfolutely loft to the Public, and that the Finances of the Country would not admit of the large Grants that were follicited to begin others : But, notwithftanding this, a Petition for an Aid of 4000 /. to make the River Bandon navigable, was preferred, and granted, upon the Qncftion, by a fmall Majority. Sir Day XXL] Affairs of Ireland. 401 Sir A — A — then faid, that he had a Pe- tition in his Hand, for an Aid of 4000 /. to make a River near Armagh navigable, but that, being convinced by what had been juft faid, he would withdraw it, notwithftanding a Petition of the fame Kind had been juft granted ; upon which many Gentlemen faid, that they would oppofe the Refolution of the Committee with Refped; to that Petition in the Houfe, and with Refped: to the granting pecuniary Aids for any new Work, Mr E — 6* — P — offered a Refolution to the Committee, that 8000 /. fliould be depo- iited in Truft with the Dublin Society, or any other Body of Men, that fliould be thought proper, to be diftributed in Premiums for the Encouragement of feveral Manufactories, ad- ding, that he thought himfelf under an indif- penfible Neceffity of urging this Depofit, as he was the Means of preventing Parliamen- tary Aid from being granted to particular Per- fons, upon Petitions, and as the Houfe had ex- prelTcd its Approbation of encouraging Arts and Manufadures in this Way. The R— t H-ble Mr A— ikf— faid, that, in ^b2 Dtbdtes ?'elathe to the [Day XXL in his Opinion, this Motion fl^iould be defer- red till all other Grants, which the Commit- tee (liould approve, ihould be made, becaufe it Vv'ould then appear, whether fuch a Sum could be fpared for that Ufe. Mr P — replied, that his Health would not permit him to flay till all the Grants were made, and earneftly recommended the Refo- lution to the Care of the Hou .- in his Ab- fence J upon which Mr M — ,'the Chairman, promifed that he would give a proper Atten-^ tion to it. Sir /F — O — recommended a Petition fof an Aid of 2,600 /. to repair the Archiepifco* prd and Parochial Church of CaJJjell^ the Pari-* Ihioners not being able to repair it thcmfelves. The H— ble Mr B— M— objeded to it, as a bad Precedent, and faid it would encou* rage Parifliioners to fuffer their Churches to run out of Repair, in Hopes of Parliamentary Aid. Sir W— O— replied, that if the Afiiftance of Parliament (hould be thus abufed, the E- vil would be lefs than a public Negledt of an Objea: Day XXL] Affairs of Ireland. 403 Obje<fl immediately conneded with Religion, and eflential to the public Exercife of it ; and that the Archiepifcopal Church, once a fpleh- did and fpacious Edifice, was now in fo rui- nous a Condition, that the Archbishop and his Clergy aflembled for divine Worship in a Barn 5 he added, that while the Mafs-Houfes in many Places made a better Appearance than the Churches, the People, who could not be fuppofed to extract the Efientials from the external Circum ft ances of Religion, would be in Danger of Sedudiofi, by the Arts of Priefts and Miffionaries, who were watch- ful to improve every Incident to their Advan- tage : As a Proof of the EiFcdt that a proper Regard to the Rituais of Religion produces on the Mind, he t-old a Story of a Gentleman di Ireland^ who, having carried his Servant with hrm into Flanders^ and taken him to high Mj^ at a great Church, afked him, as they were coming out, what he thought of tlie Church and t|>e Ceremony ? ^ T^hink, *' Sir, fays the Fell<;>w, why I think I never ** iaw God Almighty ferved like a Gentlemaa *' before." An Amendment wa« then made in the Motion,, by infcrting 1000/. inftead of 2,600/, D d and 404. Debates relative to the [D A y XXI* and the Committee refolved that that Sum Should be granted. Many other Sums were alfo grants, as it was faid, in Confequence of a Determinatioa previoufly made, notwithftanding all the Ob- jecflions that could be urged againft it j the Committee being fmall, and it growing late^ Mr W — B — faid, that it feemed to him that Time was more precious than Money, and that as he perceived it was to r^o Purpofe to oppofe the Grants of Money for particular Purpofes, he moved, that the Committee fliould report that they had made fome Pro- grefs, and that they fliould have Leave to fit aeain. Dr L — feconded Mr B — , and faid, that Health fliould no more be laviflied by late Hours, than Money by Jobbs j and the Mo- tion being put, was agreed to. The Speaker then refuming the Chair, the Report was made accordingly) and it was re- folved that the Houfe would, next Monday Morning, refolve itfelf into a Committee, to confider farther of the Supplies, and the Lord Lieutenant's Speech, Tbe End of V O L. L The Gentleman luho took thefe Debates, being in a dijlatit Part of the Continent luhile they ixiere printing, a Speech of the R. H. G. H. n\)hich ivill be found in p. 640, ^as, by mjlake, imputed to J. H. H. the P. S. Jnd the fol- io-wing Errors alfo efcaped the Prefs, ifjhich the Reader is reqttejled to correal. Page I, for March 10, read OBoher ii. 37, line laft but one, inftead of for life, read at Will, 51. line I. for Mr R. F. read Mr R. Fitz. 59. line I. for keep, read, help. 62. line 7. for prevented, it\d, pretended. 68. line 13. for the, read, a. 70. line 13. ioT opinions, read, opinion, 71. line 7. for precept, read, precepts. 79. line lo. for Charity, read, Chriftianity. 95. line 16. iov Wrong, read, no Wrong. 120. line 4. for Examination, read, Examinations. 136. line I. for R. F, read R. Fitz. 143. line laft but one, for the R.H. read, the H. 172. line ao. for T. H. read W. H. j8o. ad paragraph, line i, for ivas, read, is. line 3,' for ivas, read, is. line 4. ibr ^ai;^, read gi-ve-s, line 5. for luere, read, ^rf. 185. line laft but one, for dear, read, ^co;/. 202. line the laft, for Mr R. read Mr W. B. 208. line 4, for Command, read, Commifions. a2i. line 23. ior Lavjs of Kingdom, read, £a7u/ o/' the Kingdom. 231. line 19. ioT facred, re^d, fecure. 254. line 4. for /o, read, //;. 308. line 6. for Mr yf. M. read, the R. H. Mr A. M. 328. line 12. for fet, re^d, fat. 340. line 8. for Mr A. M. read Mr A. M. 392. line 3. for //. 7". read, H. F. 427. line 16, for Brandon, read, Bandon. 429. line 14. for Rt H— ble W. B. read Rt H— bleS. B, 448, line laft, for H. T. read, /i'. f. 475. line 12. for Ferois, read, AVm. 476. line 3. for f^erois, read, /''/m. 499. line 15. for brufi/h, read, BrilijT). 523. line 2. for /f. />. read, W. C. 640. line 40. for J. H. H. the P. S. read, the "R.U.C.FU 662. line 5. for non refdenced, read, tion reftdent. 702. line 4. for I he Serjeant, lead, of the Ser-vant. 737. line 13. for Deliberation, le^d, De/iOerafivni. I y