Imatges de pÓgina

a Year's Salary, he might bring his Action at Common Anno 9. Geo. U. Law upon the Statute of King Edward VI. against such Mi

1735-36. nister, and would recover great Damages, if the Court Mould not approve of the Minister's Reason for refusing to adminifter the Sacrament to the plaintiff: Whereas, before the receiving of the Sacrament was made a Qualification for a civil Employment, no such Plaintiff could have recoä vered

any considerable Damage ; nay, I doubt if he could have recovered any Damage at all ; for he could not probably have proved any temporal Damage by his not receive ing the Sacrament when he desired it ; and I do not see how a Jury could pretend to put a Value upon the fpiritual Damage he might pretend to have received. Those Laws therefore, which have made the receiving the Sacrament a Qualification for a civil Employment, have subjected all the Clergymen of the Church of England to a very great Difficulty, because they are by those Laws, and by those only, subjected to the Danger of having such Damages given against them as may ruin them and their families for ever, in Case they refuse to adminifter the Sacrament to a Person, whom they know to be a most profligate and impenitent Sinner; for this a Minister of our Church may be fully convinced of, and yet it may be imposible for him to make the same appear to a Jury.

To pretend, Sir, that if those incapacitating Laws were repealed, the Disfenters would combine closely together in all Elections, and that these Combinations would occasion terrible Disturbances, is contradicted by Experiences, is con tradicted by Experience in England as well as Scotland ; for tho' many of the Dissenters in England do communicate sometimes with the Established Church, and in Consequence thereof become Candidates, from Time to Time, for almoft every elective Civil Poft in the Kingdom ; and tho' the Difsenters do generally join pretty unanimously upon such Occasions, I believe more unanimously than they would do if these Laws were repealed, yet we find it never produces iny Disturbances. And in Scotland, where the. Diffenters from their Established Church are under no incapacitating Laws, we find that the Disputes about Elections never proiuce any Disturbances between the two religious Parties n that Kingdom ; altho' it must be granted that the People of that Country are as violent in all their Desires, as bold nd enterprising in their Designs, and as turbulent under Disappointments, as the People in any Country, I believe, pon the Face of the Earth. We must cherefore from Ex. erience conclude, that the Repeal of those perfecuting aws, which, to our Misfortune, are still in Force in this singdom, would confirm rather than disturb ous present

Y 2


Act, paffes in the


Anno 9. Geo. 11. Tranquility ; and it would certainly increase our Trade, be

cause it is not to be questioned but that a great many more rich foreign Merchants would come over and settle among us, if they could enjoy all the Privileges of Englishmen without changing their Religion : Whereas, while those Laws remain unrepealed, a few foreign Tradesmen and Mechanicks may perhaps come over ; but rich and opulent foreign Merchants will neither come nor stay to settle their Families in this Kingdom, when they consider that neither they nor their Posterity can aspire to any Honour or Preferment, unless they make a Sacrifice of the Religion of

their Ancestors.' The Motion for re

The Debate being over, the Question was put, and upon pealing the Teft

a Division, it was carried in the Negative by 251 against Negative.

March 17. The House being in a Grand Committee on Sir R, Walpolerse the Supply, Sir Robert Walpole acquainted the House, Lofs the Civil List That the Share the Civil Lift only had in the Duties on Spithe Duties on spi- rituous Liquors, had for several Years lalt paft amounted to rituous Liquors, might be made

at least 70,000 l. yearly, one Year with another ; and as a good by fome other great Part of this Annuity would be lost to the Crown, it Duties on spiritu- was necessary to make it good from some other Fund ; therepois de quatro fore he proposed appropriating all the Duties on Spirituous priated to the dink. ing Fund.

Liquors to the Aggregate Fund, which makes a part of the
Sinking Fund, and charging that Fund with all the Annui-

ties and Payments formerly payable out of those Dutics.' Debate thercon. But this was oppos'd by several Members, who strongly in

sifted, That the Civil Lift, instead of being a Loser, would be a Gainer by lefsening the Consumption of Spirits, because the Consumption of Beer and Ale, and of Wine, and the Produce of the Duties on Wine-Licences, &c. would be thereby greatly increased ; fo that the Loss the Crown might sultain by lessening the Produce of the Duties upon Spirituous Liquors, would be much more than made good by the Increase of almost all the other Revenues appropriated to the Civil Lift ; particularly thar upon Beer and Ale.

To this the Courtiers answer’d, “That there might probably be an Increase in the Excise upon Beer and Ale; but as what the Amount of that Increase might be, was uncertain, and as the Ainount of the Loss the Crown was to sustain was certain, therefore that Loss ought then to be made good out of some certain Produce ; and if there did really hap pen any Increase in the Excise upon Beer and Ale, they might call for an Account of it in two or three years after, in order that the same might be appropriated to the Aggre. gate Fund, for making good what was proposed to be taken loom that Fund.

After Li

After this the two following Resolutions were agreed to Anno 9, Geo

. II. without a Division, I. That the Duty and Revenues, which

1735-6. should arise by Licences for vending Brandy or Spirits, as Two Refolutions in also the present Duties on Low Wines, Strong-waters, Bran- pursuance thercar. dy, Rum, Arrack, and all other Spirits whether Foreign or British, and such Duties as should arise by retailing the same, should be united to, and made Part of the general or Aggregate Fund established by the Act of the first of King George I. and should be issued and applied to the Uses to which the said Fund is, or should be made applicable. II. That all the several Annuities, Payments, and Appropriations, which were then charged upon, and payable out of the said several Duties on Strong-waters, Brandy, Rum, Arrack, or any other Spirits, fhould be charged upon, and made payable out of the said Aggregate Fund.

The fame Day the Quaker's Bill was read the first Time, The Quaker's Bill and order'd a second Reading : It was likewise order'd to be order'd to be printprinted.

March 19. The Resolutions of the 8th and 17th in the A Bill order'd to be Committee of Supply, relating to Spirituous Liquors being brought in, relating reported, were agreed to by the House ; and then a Motion quors. was made, “That the Resolutions reported from the Committee of the whole House, who were appointed to consider of the Petition of his Majesty's Justices of the Peace for Middlesex, in their general Quarter-Seffion assembled, and agreed to by the House upon the 24th of February, might be read and the fame being read accordingly, it was ordered, That a Bill be brought in upon the Resolutions then last read, and also upon the Resolutions that Day reported from the Committee of the whole House, to whom it was referred, to consider farther of Ways and Means for raising the Supply granted to his Majesty, and agreed to by the House ; and that Sir Joseph Jekyll, Sir Charles Turner, Sir Robert Walpole, Mr Doddington, Sir George Oxenden, and Mr Winnington, Mould prepare and bring in the same.

March 22. A Motion was made, That the Commissioners Debate on a Mutiof the Excise should lay before the House an Account of the on for an Account Net Produce of the Hereditary and Temporary Excise from the Excite, from Midlammer 1716, to Midsummer 1726, distinguishing each Year, and the Produce of the several Duties belonging to the said Excise.

The Reason of calling for the said Account of the Net Produce of the Hereditary and Temporary Excise, was in order that it might afterwards from thence appear what Increase had arisen in the Excise upon Beer and Ale, by the preventing or leffening the Consumption of Spirituous Liquors; and in order that the Increase might be appropriated to the Aggregate Fund, by the Bill which was then to be


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Petitions from the

Anno 9. Geo. II. brought in: But upon putting the Question, after a long 1736.

Debate, it was carried in the Negative, by 182 to 122.

March 26. A Petition of the Clergy of Middlesex was Quaker's Bill. Clever mind the presented to the House, and read, alledging, That the Bill

depending in that House, to enlarge, amend, and render more effectual the Laws in Being, for the more easy Recovery of Tythes, Church Rates, Oblations, and other Ecclefiaftical Dues from the People called Quakers, would, as the Petitioners conceived, if passed into a Law, be extremely prejudicial to themselves and Brethren, excluding them from the Benefit of the Laws then in being for the Recovery of Tythes and other Dues, and thereby putting the Clergy of the Established Church upon a worse Foot than the rest of his Majesty's Subjects; and therefore deliring to be heard by their Counsel upon the Subject Matter of the said Bill.

This Petition was ordered to lie upon the Table, till the Bill should be read a second Time ; and that the Petitioners, if they thought fit, should be then heard by their Counsel against it: It was also ordered that Counsel be then heard for the Bill. The Clergy from all parts of the Kingdom

fent up Petitions to the fame Purpose. Sir Joseph Jekyll March 29. Sir Jofeph Jekyll presented to the House, acHouse the Billa cording to Order, A Bill for laying a Duty upon the ReSaint Spirituous tailers

of Spirituous Liquors, and for licensing the Retailers Liquors

thereof; and the fame being received, Sir Robert Walpole stood up, and by his Majesty's Command acquainted the House,“ That, as the Alterations proposed to be made by " that Bill in the Duties charged upon all Spirituous Li

quors, might, in a great Degree, affect some parts of his “ Majesty's Civil Lift Revenues, arising from the same, his “ Majesty, for the Sake of remedying so great an Evil, as

was intended by that Bill to be prevented, consented to

accept any other Revenue of equal Value, to be settled " and appropriated in lieu of his Interest in the said Duties."

The Bill was then read the first Time, and ordered to be read a fecond Time : After which a Motion was made, That the faid Bill be printed ; but the Question being put,

it was carried in the Negative. Which is twice March 31. The said Bill was read a second Time, and

committed to a Committee of the whole House. The Bill for limit- The same Day the Bill for limiting the Number of Offing the Number of cers in the Houle of Commons, was read a second Time, House dropt.

and a Motion being made for committing the same, and the

Question being put, it was carried in the Negative by 224 A Petition of the

to 177. [See Vol. III. p. 122.]

April 6. A Petition of the Merchants and Planters trading th Sugar-Colonies

America again to and intereiled in the British Sugar-Colonies in America, suatuous Liquors. was presented to the House, and read ; setting forth, That


read and commits


Traders to the Bri

the Resolutions which the House had come to for granting

Anno 9. Geo. II.

1736. to his Majesty a Duty of 20 s. per Gallon for all Spirituous Liquors sold by Retail, and for the Payment of the Sum of 501. Yearly to his Majesty by every Person retailing the fame, would bring, as the Petitioners apprehended, unavoidable Ruin on the Sugar-Colonies, tho the Evil complained of did not arise from the Consumption of the Commodities imported from the said Colonies ; and representing to the House a State of their Case, with regard to the Consumption of Sugar, Molosses and Rum, as it would be affected by the Bill brought in upon the said Resolutions ; in full Arurance, that the Wisdom of the Legislature would find Means effectually to suppress the Evils occasioned by the exeffive Use of Spirituous Liquors, without destroying the lugar-Trade, upon which the Subsistence of so many Thouinds of his Majesty's Subjects depended ; and therefore raying that the Petitioners might be heard by themselves, r their Counsel, against so much of the said Bill, as they onceived might extend to their Prejudice, or affect the Brih Sugar-Trade. After the Reading of this Petition, a Motion was made, 'hat the said Petition be referred to the Consideration of the Debate thereon. ommittee of the whole House, to whom the said Bill was mmitted ; and that the Petitioners be heard by themselves,

their Counsel before the said Committee ; but it being ledged, that it was contrary to the Method of Proceeding

that House, to hear Counsel or Parties upon any Petiin against a Money-Bill, [See VOL. II. p. 371.) the Memrs, who had made and seconded the Motion, desired that reral Journals relating to the receiving Petitions against oney-Bills, might be read, viz. 1. The Journal of the puse, June 1, in the roth of King William. 2. The urnal of the House of April 15. in the 11th of King illiam. 3. The Journal of the House of May 5. in the th of King William. 4. The Journal of the House of ril 3. in the 8th of King William. 5. The Journal of House of April 7. following. 6. The Committee-Book the Committee of the whole House, in relation to the ceedings of April 9, 1696. 7. The Journal of the use of May 9. in the 13th of King William. 8. The rnal of the House of March 20. in the 1st of Queen ne. These being accordingly read, the Members who were the Motion urg'd, That with respect to those Money-Bills which were ight in for answering the current Service of the ensuing 1, there was some Reason for not admitting Petitioners e heard against them ; because such Services required an ediate Supply ; they could not be carried on without,


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