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derstood the right hon. and learned deserved imputation on the bishops gentleman had in view. He ob- with regard to these appointments; served, that it had originated in a and that it was impracticable, inmotion made by lord Folkestone, asmuch as persons of the descrip-, in consequence of a number of tion there stated, could not be grievances to which persons were found to undertake the office. He liable from the proceedings of the therefore moved to strike out the ecclesiastical courts; and a parti- clause. cular instance was given in a case The Lord Chancellor spoke in of defamation. In this case the de- defence of the clause; but the fendant had been acquitted before arguments of the bishop were supthe commissary court of Surrey, ported by lord Ellenborough, who, but was afterwards found guilty in after instancing several eminent the court of Arches, and condemn- churchmen who had acted as chaned to do penance; and then came cellors of dioceses, or had been the a dispensation for performance, for authors of valuable works on ecwhich he had to pay 95l. The bill clesiastical law, affirmed that the provided no remedy against the clause'would confine the appointrecurrence of such a circumstance, ment to advocates in the court of nor did it take away the conse- Arches, who would not be qualiquences of an excommunication. fied to render bishops that assist

Sir W. Scott made some remarks ance which they ought to derive in defence of the ecclesiastical from their chancellors. courts; and after some other mem- The clause was in consequence bers bad spoken on each side, the struck out; and nothing material House resolved itself into a com- further occurred with respect to mittee, when sir S. Romilly pro- the bill, till its passing into a law. posed two new clauses; one, that no person should be appointed a In the discussions on the Cathojudge of any consistorial court, lic Bill, though several members who had not practised as an advo- had manifested an intention to supcate in the court of Arches, or, if port all those exclusions from place a barrister, had not practised three and power which the Constitution years in Westminster-hall; the had enjoined against separatists other, that after passing the bill, from the established church, yet no action for tithes should be the most extensive and liberal brought, or suit instituted in any principles of toleration had been civil court, unless brought within generally professed. Hence, proyears after such tithes should

bably, the time was chosen for an have become due. Both these

attempt to relieve from the pains clauses were agreed to.

and penalties still legally impendOn July 1st, the order of the day ing over them, those Christians in the House of Lords standing for who impugned the doctrine of the a committee upon this bill, the Bi- Trinity. shop of Chester objected to the On May 5th, Mr. William Smith clause above-mentioned respecting moved for leave to bring in a bill judges in the consistorial courts, for this purpose. Its object, he contending that it conveyed an un- said, was solely to remove certain

six

penalties imposed upon persons Lord Castlereagh said, he cerwho denied the doctrine of the tainly did not see any reason to obTrinity; and who were not in- ject to the principle of the bill ; cluded in the Act of king William, and the House, on the suggestion commonly called the Toleration of the Speaker, going into a comAct. In the 19th year of the pre- mittee, leave was obtained to bring sent reign an act had passed for ' in the bill. the relief of those persons, by No further proceedings concernwhich they were exempted from ing it are reported in the House of the necessity of subscribing the 39 Commons. articles of the church of England, On the third reading of the bill and a declaration of belief in the in the House of Lords, July 30th, holy scriptures was substituted. the Archbishop of Canterbury and The acts of king William, however, the Bishop of Chester, each said a had not been repealed, by which few words, not with any

intention persons, who in conversation or of opposing it, but affirming that writing deny the existence of any it had not been called for by any of the persons of the Trinity, are attempt to inflict penalties upon, or disabled on conviction from hold

to impede

the worship of, the Uniing any office, civil, ecclesiastical, tarians. · The. bill was, then read a or military; and if a second time third time and passed. convicted, are disabled to sue or That no voice of bigotted zeal prosecute in any action or informa- was heard in either House on this tion, or to be the guardian of any occasion, may be deemed a pleaschild, and are liable to imprison- ing proof of the progress which the ment for three years. He there- principle of religious toleration has fore moved, " That leave be given made within a short course of years. to bring in a bill to grant further it is also affirmed upon good aurelief to persons differing in opi- thority, that the positive determinion from the church of England, nation of the ministry, that no opwith respect to certain penalties position to the bill should meet imposed by law on those who im with encouragement on their part, pugn the doctrine of the holy came in aid of the general spirit of Trinity.”

liberality.

CHAPTER VII.

TH.

Proceedings in Parliament respecting the Renewal of the Charter of the

East India Company. THE great business of the East There are three propositions

India Company's Charter, in this question which his Majesty's concerning which so many peti- ministers had to consider ; 'Whetions had been presented to parlia- ther the existing government in ment, was brought regularly before India should be allowed to conthe notice of the House of Com- tioue in its present state—whether mons on March 22nd, when that an entire change should be effected House resolved itself into a com- in it or whether some middle mittee to consider of the affairs of course could be adopted that would the Company

be satisfactory to all parties. With Lord Casilereagh introduced the respect to the first, he was strongly subject with observing, that as the impressed with a conviction that East India charter was on the eve the present system could not be of expiring, it fell to the lot of properly persevered in by the leparliament to decide on the future gislature. There was no reason government of a country contain. for tying up, during the period of ing threefold the number of inha- another charter, the commerce of bitants existing in this kingdom. the country from half the habitHe said, that if he and his col- able globe, by placing it under the leagues had conceived that the ar- administration of the Company rangements they had to propose alone, and excluding all other perwould shake a system which had sons except foreigners. The comunquestionably, answered all the mercial sphere was become too exgreat purposes of government, they tended for the limited powers of a should have hesitated before they chartered company, and it was the had suggested them; but bis pro- duty of parliament not to consign position would not only abstain the private trade to the control from touching the principle of that of their shipping system. The system, but would render it more noble lord said, he was prepared applicable to the circumstances of to contend, that the Company had the times. He then spoke highly taken a burthen on their shoulders in praise of the government of the beyond their power to administer Company in India, and of the per- with justice to their own interests sons who conducted it; and he as- and to the public; and that the sured the committee of his readi- evil rising from a want of capital, ness to change his opinions on the compelled them to withdraw from subject, though they were the branches of commerce which it result of mature consideration, if would be most beneficial for them they should be convicted of error. to exercise, and to engage in other

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transactions attended with clear the 5th regulated in like manner
loss. He gave some examples of the application of the proceeds
these facts, and inferred that it from their sales of goods, and the
was highly expedient that the na- profits of private trade. The 6th
tional capital should be let in to directed the application of the sur-
the relief of the Company, upon plus revenues of the Company af-
the principle of the regulations of ter the reduction of their debt in
1793, or the improved system India to ten millions sterling, and
adopted in 1802. The other als that in England to three millions.
ternative, of abolishing the present The subsequent resolutions de-
system, he was certainly not dis- clared the expediency of allowing
posed to admit, unless all arrange- British ships built in the East In-
ments between the Company and dies to import goods, &c. from
the public should appear impracti- that country during the present
cable. Dismissing therefore the war, and to an assigned period af-
two extremes of the question, he ter it-of making provision for
would proceed to state those mo- further limiting the granting of
difications of the existing system gratuities and pensions to officers
which were the subject of certain of the Company-of continuing
resolutions to be laid before the the power in the court of directors
committee. After opening the na. to supply vacancies occurring in
ture and
purpose

of these resolu. the chief offices in India-of limit-
tions, they were handed to the ing the number of king's troops in
chairman of the committee, and future to be maintained by the
read. They commenced with a Company in India-and of placing
declaration, That it is expedient the church establishment in the
that all the privileges, authorities, British territories in India under
and immunities, granted to the the superintendance of a bishop
East India Company, shall contiand three archdeacons.
nue and be in force for the further It is unnecessary to give the
term of twenty years, except as particulars of the conversation
far as the same may hereinafter be which ensued in this early stage
modified and repealed. The 2nd re- of the business. Several of the
solution was to continue the present speakers urged the propriety of
restraints to the commercial inter- hearing evidence at the bar re-
course with China, and the Com- specting certain points, which was
pany's exclusive trade in tea. The agreed to by lord Castlereagh.
3rd contained a permission to any

On March 30th the examination of his Majesty's subjects to export of evidence commenced in the to, and import from, all ports House of Commons before a com. within the limits of the Company's mittee of the whole House, with charter, such goods, wares, &c. as that of Warren Hastings, esq. are allowed by law, under certain and was continued through a enumerated provisions. The 4th number of meetings, in which a regulated the application of the great many individuals who had rents, revenues, and profits accru- served in high stations in India ing to the Company from their were examined. On April 13th, territorial possessions in India, and so much of the time of the House

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having been taken up with this If it were an anomaly, it had been matter, that the general business found very good in practice. Proof parliament was interrupted, ceeding to particulars, he said he lord Castlereagh moved for the was of opinion that the India trade appointment of a select commit- was essential to the Company in a tee for the further inquiry into the commercial point of view; and on affairs of the East India Company. considering the resolutions, he A debate ensued on the subject, dwelt upon the evils that would which ended in a division, when arise from admitting British subthe noble lord's motion was carried jects to trade to all the countries by 95 against 37. The examina- within the Company's charter. He tions were then carried on before remarked upon various omissions the select committee for a consi- of important points in the resoluderable time longer; and in the tions; and concluded with moving mean time some of the same indi- for a number of papers which he viduals were examined before the specified. House of Lords. The mass of The Marquis was replied to by fact and opinion thus produced, the Earl of Buckinghamshire who was of a bulk sufficient to fill a produced several arguments for the volume, and will not admit of an advantage to be derived from abridgment compatible with our opening the India trade to indivi, limits

that could afford any idea of duals. its substance. It stands upon re

Lord Grenville then rose, and cord as a curious document relative delivered his opinion at length on to the state of India, though occa. the general subject. He thought sionally marked with the particular that the manner in which it had views and 'prepossessions of the been taken up laboured under one persons contributing to it.

fundamental defect, that of treating The examinations in the House as principal what was in its own of Lords were soon concluded by nature subordinate. The interests a motion of the Marquis of Wel of the East India Company were lesley for the production of certain made the first object of considepapers on East India affairs. In ration, whereas that of the British his speech introductory to the mo- crown, as sovereign of our Indian tion, his lordship charged the mi- possessions, ought to be regarded nisters with having brought in as paramount. It was now become their resolutions unexplained, un- a measure of absolute necessity to considered, undebated; and he make a public assertion of the thought that their lordships were sovereignty of the crown in India, called upon to retrace their steps, and parliament must give laws for and to revert to the general sources India, pronouncing not upon a sinof the principles upon which they gle and separate question of genewere to legislate on this arduous ral or local legislation, but upon question. He deprecated any at- the whole principle and frame of tempt to decide it upon the prin- government under which the Briciple that it was an anomalous state tish dominion in that country shall of things that the same person henceforth be administered. On should be merchant and sovereigo. this enlarged idea his lordship

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