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The proposition which we shall next notice is one of great importance; and in order that it may be properly understood, it will be necessary that the attention of the reader be directed to one or two preliminary details. It has been already intimated that the principal part of the incomes of the Irish bishops is derived from the lands attached to their sees. The revenue, however, which they draw from this source does not all come to them in the shape of rents. A bishop is prohibited by law from granting a lease of any land belonging to his see for a longer period than twenty-one years; but he may at any time gran a lease for the whole of that period. Suppose a bishop to be a very old man, or to be on the point of translation from the see which he occupies to another; he has no connexion with, or natural interest in, his successor; he looks, and considers himself entitled to look, to his own advantage alone; how, then, is it natural that he should act in regard to his lands? If he could alienate, or sell them, it is plain that he would do so; but this, as we have said, the law does not allow. He will, however, do that which is the nearest to selling them that the law will allow; he will let them on the longest lease which it is in his power to grant, and he will anticipate as much as possible of the fair rental for that period by taking it from the tenant in the shape of what is called a premium or fine. The higher the fine, indeed, the lower must be the rent. But in the circumstances supposed, it is the former payment chiefly, or perhaps exclusively, in which he who makes the bargain has any interest; of the profits of the transaction, the fine is to be his own share, the rents the share of his successor. Or suppose even that he has no immediate expectation either of death or translation, still he will naturally act in the same manner. The fine is still a present and certain gain; the rent is exposed to all the chances of the future. He may live to the end of the lease, or he may not live to the end of its first twelvemonth. From what has been said, it will be obvious how unavoidably it has happened that all these lands are in fact held upon leases of twenty-one years, or for the longest term which the law permits.

But not only are the leases originally for twenty-one years. They are constantly kept up of that length, or as nearly as possible of that length, by the operation of the same cause which made them be granted for so long a term at first. At the end of every year, or at least of every two years, the tenant resigns his old lease, having now only a period of twenty or of nineteen years to run, and receives from his landlord another for twenty-one years from that time as before, on paying another fine for the extension. And thus it happens that the actual income of the bishop is in almost all cases made up partly of his rents, and partly also of those annual or biennial fines.

But the system which has thus been acted upon, while it has been, as we have just shown, the one most profitable and natural for each individual bishop to follow, has affected the productive value to the church of its landed property to a most material extent. Or rather, we ought to say that property thus peculiarly circumstanced is necessarily of very much less value to its nominal owners than if it were held in the ordinary mode of possession. The farmer, in bargaining with the bishop for a new lease, has the latter in a manner in his own hands. It is the bishop's interest to grant the renewal for the sake of the fine; and at the same time the actual tenant is the only person existing with whom he can enter into such a covenant. There is no competition -nobody else to bid against the individual in possession of the current lease. The fine, therefore, which the latter will consent to pay will be the very smallest that will suffice to tempt his landlord to grant him the renewal rather than run his life, as it is expressed, against the lease,—that is, take his chance of surviving it, and forego the yearly fines altogether, for the sake of at last having the land, unincumbered by an actual lessee, to offer to free competition. This latter plan is, in point of fact, sometimes followed by a bishop who comes early in life to his see; but it is evidently a hazardous speculation in any circumstances; and even when it succeeds, it does not permanently release the land from the conditions which so greatly depreciate its value to the landlord; the old process, of the long lease, and its natural consequences, immediately begins again. The consequence of this state of things is, that the tenants of these church lands are really more their proprietors than the bishops. The interest which the former possess in them is more valuable than that possessed by the latter. And the bishops,

it is evident, are in this respect placed in a predicament in which they cannot help themselves. It is not in their power, by any contrivance or mode of management, to secure to themselves a greater share of the produce of their lands than they at present enjoy.

In reality it appears, that while the estimated value of these lands is about 600,000l. per annum, the bishops, by means of fines and rents together, do not derive from them more than a revenue of 100,000l. It is calculated that the value of his lease to the tenant, supposing him to pay a fixed corn-rent equivalent to what he now pays partly in the form of rent and partly in that of fine, is not less than twelve years and a half's purchase, that is, than twelve and a half times the remainder of the estimated yearly value of the land. If his lease, instead of being only for twenty-one years, were to be made perpetual, his interest would be thereby increased only by about seven and a half year's purchase, or that number of times the estimated yearly value. Now, it is proposed to give to every tenant the power of converting his present lease into a perpetual one, by paying for the additional benefit a sum of money somewhat less than it has thus been calculated to be worth, or six years of the estimated value instead of seven and a half. Taking this yearly value upon the whole church lands, according to the statement given above, at 500,9007. the sum thus raised will be about three millions sterling. Government propose that this money should be applied in any manner that may to parliament seem expedient. And clearly, it cannot in fairness be said to belong to the church. It is raised by the state without in the smallest degree infringing upon the revenues of the church. The incomes of the bishops will remain the same as they are at present; only, they will not be received partly in rents and partly in fines, but altogether in a corn- rent, equivalent to the real value of the rent, and the privilege of renewing the lease at present enjoyed.

Such are the parts of the plan which it is proposed to carry into immediate operation. But it also contemplates certain prospective reforms of a very important character. On the death of the present Archbishop of Armagh, the primate, it is proposed to reduce the income of that see from its present amount of about 14,500l. to 10,000l. As the actual possessors also of the different sees die out or are removed, the archbishoprics of Tuam and Cashel are to be converted into bishoprics, and the following ten sees are to be entirely abolished, namely, Dromore, Clogher, Raphoe, Elphin, Clonfert, Killala, Kildare, Cork, and Waterford, (which last is at present vacant, and will not be filled up). The saving arising from these reductions will be 60,000l. a year, with which it is proposed that the legislature shall deal as it may think fit. Finally, all deans and chapters, where they have no duties to perform, are to be abolished altogether, or to be attached to cures; and in regard to parochial charges, the Board of Commissioners already mentioned are to have the power of suspending the appointment of ministers in all cases in which no duty has been performed for the space of three years past.

IRELAND.

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ONE of the subjects to which the attention of Parliament was most emphatically called in the King's Speech, was the state of Ireland, where, as his Majesty declared, spirit of insubordination and violence had risen to the most fearful height, rendering life and property insecure, defying the authority of the law, and threatening the most fatal consequences, if not promptly and effectually repressed." In conformity with this recommendation a bill was, on the 15th of February, brought into the House of Lords, by Earl Grey, described to be "for the more effectual suppression of local disturbances and dangerous associations in Ireland." It is no part of our present object to go over in detail the clauses of this bill, which, while we write, is undergoing the minutest examination of their lordships in committee, and may possibly be considerably modified before it passes through both houses, and becomes a law. But in the course of the discussions that have already taken place on it, frequent references have been made to certain former acts and measures which it embodies, or on which it is partly founded; and we propose, therefore, after a few words on the general question, to append a short notice of these previous attempts to meet a state of things similar to that which the government has now to contend with.

Lord Grey has not deemed it necessary or advisable, before introducing this bill, to call upon the legislature to

enter into any formal examination of the state of the unhappy country to which it is to be applied; considering the facts of the case to be sufficiently notorious, and objecting both to the delay which would be interposed by such a proceeding in circumstances of most pressing urgency, and to that exposure of the names of individuals which would be occasioned by the calling for papers or other evidence. This view has been nearly unanimously concurred in by their lordships' house; and indeed carries with it so much evident reason as hardly to admit of being dissented from by those who are in a condition to consider the matter candidly and dispassionately. The fact that the reign of violence has existed for some time past in many parts of Ireland is one of which no doubt can be entertained. It has been proclaimed for months past, without contradiction, in every Irish newspaper, of every shade of politics, and has been the theme of constant declamation by all parties. The organs of opposite opinions have not, it is true, in their writings and speeches, agreed either as to the cause of the present state of things, or the proper remedies; but unless we are to suppose that those who never exerted themselves for any common object before have all entered into a conspiracy to invent, uphold, and propagate here a tissue of utter falsehoods, we must hold that many parts of Ireland have, for some time, been in an extraordinarily agitated and turbulent state. We must believe on their incessantly reiterated statements that there are, and have been for many months, large districts of the sister island inwhich there is little more security, either for property or for life, than there would be in a country in which law and government did not exist. The published accounts of the proceedings of the criminal courts equally attest the existence and growing strength of a spirit of general insubordination among the peasantry, breaking out both in a determined defiance of the law, and in the establishment of a system of universal tyranny and terrorism, under which none but those who join the ranks or crouch to the mandates of the confederacy, can expect any better fate than to be shot dead on the highway, or to be destroyed, with their families, by having their houses burnt down about their ears. Crimes like these affect the property and happiness of every member of the population. They are offences which not only the injured individuals are called upon to resist, but which strike at the root of national existence. While they continue no improvement and no redress of grievances can go forward.

It is manifestly impossible that any government can allow such a state of things to go on long unchecked. Its direct tendency is to the overthrow of all law, and the utter dissolution of society. There may be differences of opinion as to the details of the bill proposed by Lord Grey, which is certainly an energetic, and, in some respects, a severe measure. There can be no doubt that measures which interfere with the regular working of constitutional punishments of crime are deeply to be deplored. They can only be justified by a paramount and overwhelming necessity. It will be for the government to prove that this necessity exists. The present bill combines the principal provisions of both the Proclamation Act and the Insurrection Act, and also the partial application of martial law, and the partial suspension of the Habeas Corpus Act.

arrest. The effect of this enactment will be, that a person
apprehended may be detained for three months without en-
joying the benefit of the ordinary law, but not longer.
Martial law is the code or system of law appointed for the
government of the army, the provisions of which are to be
found in what is called the "Mutiny Act." The Mutiny
Act, which continues in force only for a year, was first
passed in the year 1689, the 1st of William and Mary, and
has been annually renewed ever since, with the exception of
the period of nearly three years, from April, 1698, to Fe-
bruary, 1701. Martial law differs in many important respects
from the common law, and especially in the circumstance
that the prisoner is not tried by a jury of his peers, but
solely by the Court itself, which is composed of his superior
officers. The principal reason which is specified in the pre-
sent case for the substitution of Courts-Martial for the trial
of prisoners, in place of the ordinary tribunals, is founded on
the threats which have been directed against magistrates and
jurymen, to deter them from giving a verdict according to
their conscience. It is conceived that persons, such as mini-
tary officers, not ordinarily resident in the district in which
they are to act as judges, will be less under the dominion of
this systematic intimidation. The application of martial
law to the extent to which it is now proposed that it shall be
carried, must be guarded with all the securities of which it
admits for the fair protection of those who may be subjected
to it. Few, indeed, and weak, are those securities; for what
is evil in principle is not likely to be unblameable in practice.
The Insurrection Act was first passed by the Irish Par-
liament in 1796 (the 36th Geo. III.), and has been since
several times re-enacted, with some modifications, by the
imperial legislature. It gives power to the Lord-Lieutenant,
acting by the advice of the Privy Council, to proclaim any
district in a state of actual or approaching disturbance, on
the representation of a majority of seven justices of the peace,
met in special session. On this, all persons are ordered to keep
within their houses before and after certain specified hours-
those found abroad contrary to the prohibition, and without
having a satisfactory excuse, may be apprehended—the ma-
gistrates are permitted to force an entrance into dwelling-
houses, in search of persons or arms, and to exercise various
other extraordinary powers. The Insurrection Act was in
force in Ireland from 1807 till 1810; and it was again ap-
plied in 1822. On the former of these two occasions, Mr.
Grattan fully admitted its necessity.

What is called the Proclamation Act, is the statute 10 Geo. IV. cap. 1., passed in March 1829, by which the LordLieutenant was empowered to suppress, by his proclamation, any association he might think dangerous, and also to forbid the holding of any meeting of which notice had been given, and which might seem to him objectionable. It was provided that the act should be in force only for one year, and to the end of the then next session of Parliament.

REVENUE AND EXPENDITURE.

Lord Grey has also introduced a second bill, entitled "An Act to provide for the more Impartial Trial of Offences in certain Cases in Ireland." The object of this bill is to empower the Irish Court of King's Bench, on the application of the Attorney-General, or the petition of any prosecutor, prisoner, or traverser, to order, in every case about to be tried, that the jury shall be selected, not as What is known by the name of the Habeas Corpus Act, is, usual, from the neighbourhood of the place where the ofthe statute 31 Charles II. cap. 2, which has been called fence had been committed, but from an adjoining county, or the second grand charter of English liberty. By this cele- from the county, or county of the city of Dublin. This is brated statute the means were provided by which any indi-called, in the language of the law, changing the venue; the vidual detained in custody may, on the application of his meaning of venue being the neighbourhood or vicinity. counsel, obtain a writ of habeas corpus directed to the officer under whose charge he is-that is, an order to the said officer to bring up his prisoner immediately before either the Court of King's Bench or that of Common Pleas, who shall do in the case as the law may require. Several attempts had been made before this statute was passed to secure the same object: but they were all found to be ineffectual. Since it has been in operation it has become impossible for an inhabitant of this country to be in any circumstances detained in custody contrary to law, except in the case of his existence being kept entirely concealed. The Habeas Corpus Act, however, may be, and occasionally has been, suspended either generally or for a particular part of the empire; but this can only be done by a bill carried through the different branches of the legislature. According to Earl Grey's bill it is proposed that it shall be a sufficient return to the writ that the person detained is kept in custody by virtue of this proposed act, but that only for the first three months after his

THE net public income of the United Kingdom, for the year ended 5th January, 1833, according to a return ordered by the House of Commons to be printed on the 15th February, was 46,988,7551. The expenditure for the same year was 46,373,9967. The following are the details, omitting frac

tions:

Customs

Excise

Stamps
Taxes
Post-Office
Miscellaneous

Revenue.

Receipts, not of the Ordinary Revenue

£16,794,992

16,611.036

6.938.316

4.943,887

1,461,000

84,483

155,040

£46,988,755

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At the Revolution, in 1689, it was

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£.

064,263

16,394.702

54,145,363

52,092,238

At the Accession of Queen Anne, in 1702 At the Accession of George the First, in 1714 At the Accession of George the Second, in 1727 At the commencement of the American War, in 1775 128,583,635 At the commencement of the French War, in 1793 239,350,148 On the 5th of January, 1817, when the English and Irish Exchequers were consolidated 848,282,477 Since the latter period, a deduction of about sixty millions has been made from the principal of the funded debt, whereby about five millions of its annual charge have been saved. The above account may suggest many reflections, but none is, perhaps, more striking than that of the injurious effect of war. Twenty years of war added about six hundred 46,373,996 millions sterling to the public debt, and entailed upon the country a burden which presses heavily upon its energies, but which cannot be shaken off so long as there is any sense of honesty and justice among us.

Excess of Income over Expenditure for the Year 614,758 The several sources of income and objects of expenditure will be better understood by the following description:

The customs are duties charged upon imports and exports. They existed in England before the conquest-were collected, for the first time, into a book of rates in the reign of Charles II.-and were finally consolidated, and the statutes relating to them compressed, in 1825. In the reign of Elizabeth they amounted to no more than 50,000l.; at the revolution of 1688 they produced 781,9877.; in 1792 they were 4,407,000l.; and they now average upwards of 16,000,000l. annually. The charges of collection of this branch of revenue, including the Preventive Service, were, in 1830, for Great Britain, 1,024,3967. and for Ireland, 270,7927., exclusive of the charges of the Coast-Blockade, which are under the department of the Admiralty. They are under the management of a Board of Commissioners in London.

The excise duties are laid on articles produced and consumed at home, and were first imposed by the Long Parliament in 1643. For a long time a considerable prejudice existed against them in the public mind, which arose probably more from the regulations connected with their imposition than the extent to which they have been carried. The charge of collection, in Great Britain, during the year 1829, amounted to 1,003,4717., being after the rate of 4 per cent. upon the gross receipt; and in Ireland to 222,588, being at the rate of nearly 11 per cent. They are also managed by a board in London.

The public are sufficiently familiar with the nature of the stamp duties, the postage duties, and the assessed and other miscellaneous taxes. In regard to the efforts that have been made from time to time to procure a repeal of the assessed taxes, it should be stated that it is the opinion of very experienced persons in matters of finance, that such efforts are founded on a misconception of the comparative effect of different kinds of taxes upon the interest of the people in general; and that the repeal of the taxes on raw materials and manufactures, and the reduction of the high duties on tobacco and foreign spirits, would be productive of considerable benefit to the consumer, would put an end to smuggling, and increase the employment of capital, the demand for labour, and foreign commerce. Upon this and other questions of taxation, Sir Henry Parnell's work on Financial Reform' may be consulted with advantage. From the above statement of the public expenditure, it will be seen that considerably more than one-half of it consists of the interest of the national debt. The amount of the funded debt of the United Kingdom, on the 5th of January, 1832, was 755,543,8447., being 722,616,456/. for Great Britain, and 32,927,4287. for Ireland; and the amount of the unfunded debt, or exchequer bills, at the same period, was 27,123,350. The practice of borrowing money, in order to defray a part of the war expenditure, began in the reign of William III. In the beginning of the funding system, the term fund meant the taxes appropriated to the discharge of the principal and interest of loans; those who held government securities and sold them to others, selling, of course, a corresponding claim upon some fund. But after the debt increased, and the practice of borrowing upon interminable annuities had been introduced, the meaning attached to the term fund was gradually changed; and instead of signifying the security upon which loans were advanced, it has for a long time signified the principal of the loans themselves. The following statement will show the progress of the national debt:

The total charge of collecting the revenue may be taken at about four millions a year, adding which to the net revenue, as above stated, for 1832, the gross revenue collected may, in round numbers, be called 50,000,000l. The total population of the United Kingdom is now something more than twenty-four millions, so that the average amount of taxation upon each individual is about two pounds sterling a year. This is a very high ratio in comparison with the rate of taxation in other countries, but it would be unfair to complain of it, without taking into account the very high degree of security, comfort, and civilization, which the British nation enjoys. In making an estimate of the comparative well-being of our population, we ought to put the good and bad together, and although there may be much room for amendment in our financial condition, we must not calculate the ratio of our national happiness merely by the nominal ratio of our taxation.

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Anciently, it appears from this paper, the greater number of petitions presented to parliament related to private griev ances. Probably ninety-nine in a hundred were of that description. Receivers and Triers, as they were called, used to be appointed for arranging and classifying petitions, Chancery, and the latter, committees of prelates, peers, and -the former being commonly the clerks of the Court of judges, whose business it was to examine the petitions, and to refer the petitioners either to the proper regular tribunal for redressing their complaints, or, if they were not such as could be taken cognizance of by the ordinary courts of law, to the High Court of Parliament. The form of appointing Receivers and Triers is still observed in the House of Lords at the opening of every new parliament.

The only private petitions now received by parliament are such as relate to matters not coming within the jurisdiction of the courts of law. The number of such petitions now bears a small proportion to that of those that refer to questions of public or general interest. The extent to which the latter have increased of late years, appears from the following statement given in the Report:

The number of public petitions presented to the House of Com

mons amounted

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time demanded for the other business of parliament. The presentation of a single petition frequently consumes a considerable space of time. According to what was the practice up to the commencement of the present session, although the petition itself is rarely read at length, but only its prayer stated by the clerk, its presentation often occasioned no fewer than four successive motions or questions, on each of which a new debate might arise. There was first the motion that the petition be brought up; then, another, that it be read; then, a third, that it be laid on the table; and, lastly, a fourth, that it be printed. A resolution, proposed by Lord Althorp and agreed to by the House, on the 6th February, limited this right of speaking to the two questions -that the petition be laid on the table, and that it be printed; but still this does not get rid of the principal part of the difficulty. Were there to be only one opportunity of debate upon each petition, it would still be almost impracticable for the House, upon the plan that has been hitherto followed, to get through the reception of the vast numbers that are every session put into the hands of members. The order of precedence in the right of presenting petitions has been of late years a matter of constant contest. Formerly the practice was for those members who wished to secure an opportunity of presenting the petitions with which they had been entrusted to strive who should be first at the House in the morning, when, by putting down their names on a paper, they entitled themselves to precedence over those who did not make their appearance so early. Under this system, as one of the witnesses examined before the Committee states, a few members were in the habit of getting the priority in a great number of cases; those who lived near the House constantly took advantage of their proximity to win the race from their competitors, frequently presenting themselves at six o'clock in the morning. Of late the matter has been arranged by allowing members having petitions to present to ballot for precedence; but although, on the average of the session, about twelve members have been in the habit of attending daily at the ballot, it is stated that only the first five whose names were drawn, have in general had any chance of getting their petitions presented in the evening before the public business came A member has often attended regularly for many days, and even weeks, without being fortunate enough to attain a sufficiently high place on the list. Soon after the commencement of the present session, Lord Althorp proposed a new plan of proceeding in regard to this important subject, namely, that there should be no ballot, but that members wishing to present petitions should put down their names upon a paper from which they should be called upon by the Speaker in their order, day after day, till the whole list should be gone over. And in order to afford time both for private business and for the reception and discussion of petitions without encroaching upon the time necessary for public business, his lordship further proposed that the House should, for the former purposes, assemble every day (except Saturday), with the Speaker in the chair, at noon, and sit till three o'clock, when it should adjourn till five, at which hour it should again meet and proceed at once with the business set down in the order-book. This plan has since been agreed to by the House.

on.

In addition to the embarrassment occasioned by petitions, on account of their consumption of the time of the House, the printing of those of them that are ordered to be printed has been a source of considerable expense. From 1789 down to 1817 the practice was to print all public petitions, either at length or in the form of a short abstract, in what is called the Votes, that is the record of those proceedings of the House which properly come under the description of business done, but not including resolutions which are merely proposed without being determined upon, and some other matters which are only inserted in the larger record, called the Journals. In 1817 the plan was adopted of printing and distributing the Votes every day; and since then, only those petitions have been printed respecting which the House has thought proper to give an order to that effect. They are printed in the form of an appendix to the votes. The proportion of petitions ordered to be printed to the whole number submitted to the notice of the House, appears, since the commencement of the new system, to have varied considerably in different years. Of 4074 petitions, for instance, presented in 1828, only 1579 were ordered to be printed; whereas of 4041, presented in 1829, the number ordered to be printed was 3394. Of the whole number of 24,492 presented in the

five years ending 1831, 10,685 were ordered to be printed. And the expense thus occasioned amounted for these five years to upwards of 12,000%., or between 2000l. and 3000/ a year. Moreover it appears that the mass of matter thus laid before the House and the public excites comparatively but little interest even among those who are most in the habit of attending to parliamentary proceedings. The Report states that some members decline receiving the appendix, considering it as an incumbrance, and that during the year 1831, while there were sold to the public 400 copies of the votes, there were not sold more than 150 copies of the appendix. The appendix for the year 1829, in which Parlia ment sat from the 6th February to the 24th June, formed a volume of 1535 folio pages, consisting entirely of public and election petitions. It is suggested in the Report that a select committee might be appointed at the commencement of each session to arrange and classify the petitions presented, and having a discretionary power to decide as to the printing at length of any containing facts or reasoning of which, in their judgment, the House ought to be apprised. A resolution to this effect was, on the motion of Lord Althorp, passed by the House on the 20th February, and the Committee appointed.

QUAKERS AFFIRMATION.

THE House of Commons came to a gratifying decision on the 14th of February in the case of Joseph Pease, Esq. returned one of the members for the southern division of the county of Durham, by resolving that this gentleman was entitled to take his seat upon making his solemn affirmation and declaration, instead of taking the usual oaths. This is the first decision that has admitted any member of the society of Friends to the British legislature. In consequence of the claim advanced by Mr. Pease, a select committee was appointed by the House, on the 8th, to report such precedents as they could discover bearing upon the subject. Their Report, which was brought up on the 11th, presents a full detail of the various enactments which the statute-book contains in reference to the Quakers since they originally attracted the notice of the legislature. The first which they quote is an act passed in 1674, (the 13 and 14 Car. II. c. 1). by which it was declared that any person refusing to take an oath when lawfully tendered, should, for the first offence, be fined 57., and if three times convicted, should suffer the penalty of banishment. By a subsequent act, (the 16 Car. II. c. 4, § 16,) the further penalty of transportation was affixed to the offence. It was not till the year 1689, that by the statute 1 William and Mary, cap. 18, (commonly called the Toleration Act,) the affirmation of Dissenters from the Church of England who scrupled to take an oath was legally recognized. This act, however, only exempts such persons from the pains and penalties of the statutes against Papists and Non-conformists, and that only on their subscribing a certain declaration of allegiance, and a profession of their faith in the Trinity. It was by the act, 7 and 8 Will. III. cap. 34, passed in 1697, that Quakers were first permitted to substitute their solemn affirmation instead of the usual oath, in civil causes, in the courts of justice. The act, which was to be in force only for seven years, was by a subsequent enactment, (13 Will. III. cap. 4,) passed in 1702, continued for the further period of eleven years; and in 1714, (by the 1 Geo. I. § 2. c. 6,) it was made perpetual. The next statute in order was the 8 Geo. I. cap. 6, passed in 1722, by which the forms of the declaration of allegiance and of the solemn affirmation were altered. But the most decisive enactment bearing upon the subject, appears to be the statute 22 Geo. II. c. 46, passed in 1749, by which it is declared, "that in all cases wherein by any act or acts of parliament now in force, or hereafter to be made, an oath is or shall be allowed, authorized, directed, or required, the solemn affirmation or declaration of any of the people called Quakers, in the form prescribed, &c. shall be allowed and taken instead of such oath, although no particular or express provision be made for that purpose in such act or acts." It is, however, at the same time provided, that no Quaker shall, by virtue of this act, be qualified or permitted to give evidence in any criminal cases, or to serve on juries*, or to bear any office or place of profit in the government. It was only by the act (9 Geo. IV. cap. 32,) passed in 1829, that Quakers and Moravians were, for the first time, allowed to make their solemn affirmation

* A capital conviction by the Court of Admiralty was recently set aside because a Quaker, having been on the jury, had affirmed, instead of taking the usual oath.

instead of the usual oath in giving evidence" in any case whatsoever, criminal or civil." And this is at present the extent of the privilege they enjoy. They are still inadmissible to places of profit in the government without taking the oaths. On the 15th of February, however, the day on which Mr. Pease took his seat, Lord Morpeth gave notice of his intention to move to bring in a bill to relieve them from this only remaining disability. The notice at present stands for Tuesday, 2d April.

From the Report of the Committee, it appears that there is only one other case on the Journals in which the question of the admissibility of a Quaker to take his seat on affirmation came before the House ;-namely, that of John Archdale, Esq., returned for Chipping-Wycombe, in 1699. This gentleman made his claim by a letter to the Speaker, dated (Tuesday) "the 3d of the eleventh month, called January, 1698-9," which was read to the House the same evening. The House, after hearing it, ordered that it should be taken into consideration on the Friday following, and that Mr. Archdale should be in attendance on the morning of that day. The act of the 7 and 8 Will. III., legalizing the affirmation of a Quaker, in certain cases, was at this time in force; but the decision come to by the House, nevertheless, was an order that the Speaker should issue his warrant to the clerk of the crown to make out a new writ for the borough of Chipping-Wycombe. In the course of the late debate, both Mr. Wynn and the Solicitor-general stated that, even in the then state of the law, they held this decision to be wrong. But even admitting it to have been correct, still no parliamentary decision, as the committee remark, had ever been given, before the late case, on the construction and effect of the statutes now in force. It appears, however, that the Court of King's Bench has decided, that a Quaker, on his affirmation, may be admitted a freeman of a city, and also a member of the Turkey Company. In the latter case, Lord Mansfield, who said that the point was quite clear, seems to have been guided simply by the consideration that the place in question was "not a place of profit in the government." Of late also, Quakers have in several instances been admitted barristers, on making their affirmations instead of taking the usual oaths. And since the repeal of the test and corporation acts, a Quaker has served the office of sheriff of the city of York on his affirmation.

PRIVATE BILLS.

A VERY important part of the business of the legislature consists in deliberating and deciding upon what are technically called Private Bills. These are, to a certain extent, bills of divorce, for naturalization, change of name, and other objects of a merely personal nature; but for the most part they are to enable private individuals, associated together, to undertake works of public utility at their own risk, and, in a degree, for their own benefit. To effect this, it is necessary to confide to them greater power than they possess in their individual capacities; and the legislature, having ascertained that a public advantage is likely to accrue from the proposed measure, invests them with the required powers under certain conditions, and then leaves them to conduct the business in a manner most conducive to their own interest, the funds being wholly derived from their own resources. We shall endeavour to give a connected view of the progress of a private bill.

The wants of the public having directed attention to any supposed improvement, requiring the co-operation of a company and the sanction of a private bill, the usual course is for the original proposers to draw up the plan of the association, with a statement of the advantages to be derived from it, and the proposed method of carrying it into effect. This is submitted to a meeting of those who are most immediately interested. If the plan is approved, a subscription is opened to defray immediate expenses, and means are taken to give publicity to the plan so adopted, in order to procure the names of a sufficient number of individuals who engage to be answerable for such sums as are agreed upon. An estimate has generally been formed of the amount which is considered sufficient for the completion of the object; and the individual advances, called shares, are agreed to be paid in such proportions, and at such times, as shall be afterwards fixed by the bill.

Surveys are then made, and plans prepared, of which a copy, and book of reference, are lodged with the clerk of the

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peace in each county, in which any of the property required may be situated. A duplicate of the plans, &c., must be afterwaras shown to the owners and occupiers of the lands required, and their assent, dissent, or neutrality, ascertained, a list of which answers is afterwards lodged in the Private Bill Office. A general statement of the plan, and of the direction and extent of the measure, containing the names of the parishes or places which it will include, or through which it will pass, is advertised in the "London Gazette," and in at least one newspaper in each county affected by the measure, and is also placarded on the door of the Sessionshouse in the same, during the Michaelmas and Epiphany sessions.

These preliminaries, which are all prescribed by what are termed the Standing Orders of the House of Commons, having been fulfilled within a certain defined time before the assembling of parliament, and a list of subscribers (the amount of whose subscription must be four-fifths of the estimated expense before the bill can be transmitted to the House of Lords) having been obtained, the draft of the bill is prepared, and a petition is addressed to the House praying that it may be received. This petition is referred to a select committee, taken by ballot from certain lists into which the whole House is divided for particular divisions of the country. This committee having ascertained that the standing orders have all been complied with, report the same to the House, and the bill is, as a matter of course, received and read a first time. After the lapse of a certain number of days, it is moved that the bill be read a second time, when, if any objection is made, it is then stated, and the bill is either rejected or referred to a select committee, who consider it clause by clause, and are empowered to examine witnesses, and to hear counsel both in support and opposition. The committee, in almost every case, introduce a maximum of the toll, or duty, or rent, according to the nature of the measure, to be levied, and in many cases declare a maximum of interest to be divided on the capital, and order the surplus to be invested in the public funds, till the amount is sufficient to repay the sums advanced by the shareholders-the improvement to be then thrown open for the free enjoyment of the public. In many cases, also, provision is made to secure the completion of the work when once begun. A copy of the bill, with a plan, is now sent to the clerk of every parish through which the proposed work is to be carried, where it is open to the inspection of any one desirous of seeing it. The committee having completed their labours announce their decision in a report, after which the House proceeds to the third reading of the bill, when it may be again discussed, though the report of the committee is in most cases agreed to without any further opposition. If the bill is passed, it is carried to the House of Lords, where it goes through nearly the same forms; and if it be finally approved of by the Upper House, and receive the royal sanction, it becomes an act, and a part of the law of the land. It should also be stated that, early in the Session, the House fixes periods within which the different stages of private bills are required to be forwarded. The times so appointed for the present session are as follow:-No petition to be received after the 22d of February; the first reading to be not later than the 25th of March; and no report to be received after the 20th of May.

The forms above detailed are extremely well calculated to secure a due consideration of the subject and to prevent injustice; but in consequence of many of these bills being considered of a wholly private nature, they are too frequently left to the management of those in some measure immediately interested. The consequence is, that bills, or particular clauses in bills, of a questionable or even injurious tendency, are occasionally smuggled, as it is termed, through the House. Of this a notable example was afforded during the last session, when a bill, avowedly for the purpose of enabling certain parties, who had been carrying into effect some improvements at Glasgow, to dispose of their interests in those improvements among themselves by lot, was made the medium of re-establishing a private lottery, after the state lottery had been abolished as immoral and pernicious.

We have only to add that at each of the stages mentioned certain fees are payable, of which a table is published under the Speaker's authority. These fees have been long complained of as being too heavy, and as having the effect of preventing or throwing unnecessary impediments in the way of public improvements, but no measure has been yet adopted for their removal or amendment

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