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ment to and reliance on our fellow subjects | legislation of their country; and that no in Great Britain, founded on the most laws can affect them but such as receive solid and durable basis ; the continued their assent given by themselves or their enjoyments of our personal rights and the representatives; and it follows therefore security of our properties.

that no one part of your Majesty's English “ That weak and feeble as this colony subjects either can or ever could legislate is, from its very small number of white for any other part. inhabitants and its peculiar situation, from • That the settlers of the first colonies, the incumbrance of more than 200,000 but especially those of the elder colonies slaves, it cannot be supposed that we now of North America, as well as the conintend, or ever could have intended resis- querors of this island, were a part of the tance to Great Britain.

English people, in every respect equal to “ That this colony has never, by riots them, and possessed of every right and or other violent measures, opposed or per- privilege at the time of their emigration, mitted an act of resistance against any which the people of England were poslaw imposed on us by Great Britain, though sessed of, and irrefragably to that great always truly sensible of our just rights and right of consenting to the lawswhich should of the pernicious consequences, both to bind them, in ali cases whatsoever, and the parent and infant state, with which who emigrating at first in small numbers some of them must be attended; always when they might have been oppressed, relying with the most implicit confidence such rights and privileges were constantly on the justice and paternal tenderness of guaranteed by the crown to the emigrants your Majesty, even to the most feeble and and conquerors, to be held and enjoyed distant of your subjects, and depending, by them in the places to which they emithat when your Majesty and your parlia- grated, and were confirmed by many rement should have maturely considered and peated solemn engagements made public deliberated on the claims of Great Britain by proclamation, under the faith of which and her colonies, every cause of dissatis- they did actually emigrate and conquer, faction would be removed. That justly and therefore the people of England had alarmed at the approaching horrors of an no rights, power, or privilege to give to unnatural contest between Great Britain the emigrants as these were at the time of and her colonies, in which the most dread their emigration, possessed of all such ful calamities to this island, and the inevi- rights equally with themselves. table destruction of the small sugar colo- « That the peers of England were pos. nies are involved : and excited by these sessed of very eminent and distinguished apprehensions, as well as by our affection privileges in their own rights as a branch for our fellow subjects both in Great Bri- of legislature. A court of justice in the tain and the colonies, we implore your dernier resort for all appeals from the peoMajesty's favourable reception of this our ple, and in the first instance, for all causes humble petition and memorial, as well on instituted by the representatives of the behalf of ourselves and our constituents the people ; but that it does not appear that good people of this island, as on behalf of they ever considered themselves as acting all other his Majesty's subjects the colonists in such capacities for the colonies, the of America; but especially those who peers having never to this day heard or delabour at present under the heavy weight termined the causes of the colonists in apof your Majesty's displeasure, for whom peal, in which it ever was, and is their we entreat to be admitted as humble duty, to serve the subjects within the suitors that we may not at so important a realm. crisis be wanting to contribute our sincere " That from what has been said it apand well-meani, however small, endea- pears, that the emigrants could receive notours, to heal those disorders which may thing from either the peers or the people, otherwise terminate in the destruction of the former being unable to communicate

their privileges, and the latter on no more “ That as we conceive it necessary for than equal footing with themselves, but this purpose to enter into the different that with the king it was far otherwise. claims of Great Britain and her colonies, The royal prerogative as now annexed to, we beg leave to place it in the royal mind and belonging to the crown, being totally as the first established principle of the con- independent of the people, who cannot inditution, that the people of England have vade, add to, or diminish it; nor restrain, " right to partake, and do partake, of the nor invalidate those legal grants which

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the empire.

(VOL. XVIII.)

the prerogative hath a just right to give, gislative power, still hoping from the interand 'hath very liberally given for the en position of their sovereign, to avert that couragement of colonization. To some last and greatest of calamities, that of being colonies it granted almost all the royal reduced to an abject state of slavery, by powers of government which they hold having an arbitrary government established and enjoy at this day, but to none of them in the colonies; for the very attempting of did it grant less than to the first conquerors which, a minister of your predecessors of this island, in whose favour it is declared was impeached by a House of Commons. by a royal proclamation, that they shall “ With like sorrow do we find the have the same privileges to all intents and popish religion established by law, which purposes, as the freeborn subjects of Eng- by treaty was only to be tolerated. land.

" That the most essential rights of the “ That to use the name or authority of colonists have been invaded, and their prothe people of the parent state, to take away perty given and granted to your Majesty or render ineffectual the legal grants of by men not entitled to such a power. the crown to the colonists, is delusive, and " That the murder of the colonists hath destroys that confidence which the people been encouraged by another Act, disal. Have ever had and ought to have of the lowing and annulling their trials by juries most solemn royal grants in their favour, of the vicinage ; and that fleets and armies and renders unstable and insecure those have been sent to enforce those dreadful very rights and privileges which prompted laws. their emigration.

“ We therefore, in this desperate ex“ That your colonists and your peti tremity, most humbly beg leave to aptioners having the most implicit confidence proach the throne, to declare to your Main the royal faith, pledged to them in the jesty, that our fellow subjects in Great most solemn manner by your predecessors, Britain, and consequently their represenrested satisfied with their different portions tatives the House of Commons, have not a of the royal grants, and having been bred right, as we trust we have shewn, to legis from their infancy to venerate the name of late for the colonies; and that your peti. parliament, a word still dear to the heart of tioners, and the colonists, are not por every Briton, and considered as the palla- ought not to be bound by any other laws, dium of liberty, and the great source from than such as they have themselves assentwhence their own is derived, received the ed to, and not disallowed by your Ma. several acts of parliament of England and jesty. Great Britain for the regulation of the Your petitioners do therefore make trade of the colonies, as the salutary pre- this claim and demand, from their sovecautions of a prudent father for the pros. reign, as guarantee of their just rights, on perity of a wide extended family; and that the faith and confidence of which they in this light we received them without a have settled, and continue to reside in thought of questioning the right, the these distant parts of the empire, that no whole tenor of our conduct will demon laws shall be made and attempted to be strate, for above one hundred years ; that, forced upon them, injurious to their righto though we received these regulations of as colonists, Englishmen, or Britons. trade from our fellow subjects of England “ That your petitioners, fully sensible and Great Britain, so advantageous to us, of the great advantages that have arisen as colonists, as Englishmen, and Britons, from the regulations of trade in general

, we did not thereby confer on them a prior to the year 1760, as well to Great power of legislation for us, far less of de. Britain and her colonies, as to your petistroying us and our children, by divesting tioners in particular, and being anxiously us of all rights and property.

desirous of encreasing the good effects “ That with reluctance we have been of these laws; as well as to remove an drawn from the prosecution of our internal obstacle, which is now in our government, affairs, to behold with amazement a plan and could not have existed on the prinalmost carried into execution, for enslav- ciples of our constitution, as it hath arisen ing the colonies ; founded, as we conceive, from colonization; we do declare for our on a claim of parliament to bind the colo- selves and the good people of this island, nists in all cases whatsoever.

that we freely consent to the operation of “ Your humble petitioners have for all such acts of the British parliament, as several years with deep and silent sorrow, are limited to the regulation of our ose lamented this unrestrained exercise of le- ternal commerce only, and the sole objects

of which are the mutual advantage of Chaplin, was owner and occupier of all the Great Britain and the colonies,

lands in the parish of Rysom in the coun“ We, your petitioners, do therefore ty of Lincoln, to the amount of 2,000 beseech your Majesty, that you will be acres, for which he paid no tythe whatever, pleased, as the common parent to your but a sum of money of 151. 10s. 1 £d. by subjects, to become a mediator between way of composition: this being conside your European and American subjects, rably under the real value, the respondent, and to consider the latter, however far re. Bree, rector of the parish, exhibited his moved from your royal presence, as equally bill in the court of Exchequer, Hilary term, intitled to your protection, and the bene- 1769, praying that the appellant might be fits of the English constitution, the depri- deemed to account with him, according to vation of which must dissolve that de- the real and full value of the lands. The pendence on the parent state, which is our appellant admitted, generally, the allegaglory to acknowledge, whilst enjoying tions contained in the respondent's bill; those rights, under her protection. But but insisted that part of the lands called should this bond of union be ever destroy- Grange de Lynge, mentioned in the pleaded, and the colonists reduced to consider ings, were not within the parish of Rythemselves as tributaries to Britain, they som, being extra-parochial; and that an must cease to venerate her as an affection ancient composition real, anterior to the ate parent.

reign of queen Elizabeth, had been made "We beseech your Majesty to believe, between the patron and parson of the pathat it is our earnest prayer to Almighty rish, for the yearly sum of 15l. 10s. 14d. in Providence to preserve your Majesty in lieu and full satisfaction of all tythes, and all happiness, prosperity, and honour, and other ecclesiastical dues. The said cause that there may never be wanting one of being heard before the barons of the Exyour illustrious line to transmit the bless chequer, two issues were directed to be ings of our excellent constitution to the tried, the first at the next Lincoln assizes, latest posterity, and to reign in the hearts to enquire whether the lands of Grange de of a loyal, grateful and affectionate Lynge were in the parish of Rysom; the people.

second, whether there had been any com" Passed the Assembly this 23rd day of position real between the patron and parDecember, 1774."

son, previous to the reign of queen Eliza

beth. On the 25th and 26th of March, Debate in the Lords on the Tythe Cause 1774, both matters came to be determined - Chaplin against Bree.] March 6. This before Mr. Justice Blackstone and two day was heard a remarkable Tythe Cause. special juries, at Lincoln, when verdicts in Counsel were called in to be heard in the both issues were found for the appellant, cause wherein Charles Chaplin, esq. is ap- that Grange de Lynge was extra-paropellant, and John Bree, clerk, is respon-chial; and that there had been an ancient dent, being an appeal from an order of the composition real, paid in lieu and full sacourt of Exchequer of the 16th of May tisfaction of tythes and ecclesiastical dues. 1774. The case shortly was this: two is. –The respondent, looking upon himself sues had been tried at the assizes of Lin- to be aggrieved by both verdicts, and con. coln, to enquire what were the modes for ceiving that the learned judge who tried collecting tythes in the parish of Rysom, the cause, (by his direction of the jury) and whether the lands in question, of which was of opinion, that the appellant had failtythe was demanded, were extra-parochial, ed in proving the affirmative, or either of or within the parish. The jury found for the propositions on which he rested his Mr. Chaplin, the proprietor of the land. cause, applied for a new trial at the court Judge Blackstone attended, and, as the of Exchequer, who, after hearing counsel judge who tried the cause, reported the several days, thought fit to order a new evidence. His opinion was, that the ver- trial on both issues, against which the apdict was against evidence. The clergy. pellant, Chaplin, appealed. As soon as man, Mr. Bree, applied to the court of the counsel had finished the reply, Exchequer, and obtained two orders for Lord Chancellor Apsley observed, that Dew trials, which Mr. Chaplin now com- the whole of the first question rested solely plained of; and against these orders ap on the construction of the terms, in which pealed to the House of Lords.—It appear the grant of the 30th Henry 8 to Charles ed by the judge's report, and the

argu- Brandon, duke of Suffolk, of the lands in ments of counsel

, that the appellant, question, was conceived." His lordship re

som.

cited the grant, and observed, that in the of man, and where, besides, the few priestfirst clause the words were, that «he ly functions performed are paid for to a granted the lands of Grange de Lynge, in neighbouring clergyman. But however the county of Lincoln, and all the lands in unreasonable and inequitable such a claim the lordship and parish of Rysom, to the said may be, there is still something infinitely Charles,' &c. which, whatever construction worse, when we come to examine some of might be put on it, strongly inclined him the circumstances attending this case. to believe, that Grange de Lynge was in This gentleman's father purchased this the county, and not in the parish of Ry- estate in 1721, under the idea of its being

The other part of the said grant, only encumbered with a payment of 151. which the learned judge seemed to lay per annum; and at the end of half a cengreatest stress on in his report, was, where tury, a claim is made which will considethe grant mentioned all granges in said rably lessen its value ; and what still causes parish, and no other grange appearing to additional aggravation is, that the present sie within the parish, it was extremely na appellant and his father have expended tural and probable, that it could be only above 8,0001. in improving the estate ; so Grange de Lynge which was meant to be that a man may sink his whole fortune therein described; but here again he improvement, and be permitted to do so, begged leave to differ: for coupled almost and by this doctrine it may go on from fa. with those words, Grange de Lynge was ther to son successively for a century and described to be in the county of Lincoln, a half; and when the wild or waste is and not in the parish of Rysom ; conse- brought into a state of cultivation, then quently, he was clearly of opinion, that some dormant claim is set up, wbereby Grange de Lynge was an extra-parochial the person or family may be at once place, and that the decree of the court of stripped of the fruits of their industry. Exchequer, ordering a new trial on that His lordship, therefore, said, that if a moissue, ought to be reversed. As to the tion has not been already made by the composition real, no evidence having been noble and learned lord on the woolsack, brought to prove that it was of more an- he should move for reversing both orders, cient date than the year 1707; and diffe- but at all events he should give the latter rent sums, at several times, being paid, part of it his hearty negative. one time 11. another 101. and lastly The Earl of Denbigh said, that the prin151. which if an ancient composition ciples of the Revolution were strongly in within the statute, should have been favour of juries, and that he should never equal and uniform, he was of opinion, that sit silent, and hear it as a doctrine not to another trial ought to be had, and that of be departed from, that the judges were to course the second order ought to be af determine when juries did, or did not, firmed. His lordslip then returned to the perform their duty; that however high a woolsack, and put the question on the re- respect he might entertain for the learned versal of the first order, which was agreed judge who tried the cause, or deference to; and having put the question of he might be willing to pay to his opinion affirmance on the order of a new trial on on matters of mere law, he should never the second issue,

countenance any thing which might seem Lord Le Despencer said, the present or- to have the most distant appearance of der, if affirmed, might be a precedent big granting new trials on slight occasions, of with the most fatal consequences to the giving the judges an indiscriminate conlanded interest in general ; and that, troul over juries. No man respected the should such a claim prevail in the present church more than he did, or wished more instance, it might at once render one half sincerely for the preservation of her just of the landed property in the kingdom in- rights and privileges; but he believed, if secure and precarious. Here, said his such vexatious claims as the present were lordship, from 1601, for the space of 174 set up and pursued, the nation at large years, a composition has been paid in lieu would find itself under a necessity of proof tythes; and now a man, in a distant curing a nullum tempus law, to secure their county, who cannot perform any duty, be- property against the encroachments of the cause he cannot be at the same time in church, as it had been on a recent occatwo places, in Essex and in Lincoln, sion against those of the crown. comes to demand tythes in a place where The Archbishop of Canterbury (the there is no congregation, where there is hon. Frederic Cornwallis) said, he by no not a church, nor has been in the memory means agreed with what fell from the noble earl: and as for the noble lord who spoke lords, would be the consequence of such before him, he presumed to say, he was a procedure? Why, that we sitting here mistaken; for the composition which he in our judicial capacity, should, by one said took place in 1601, was of no longer single determination, abrogate all the laws standing than 1707; and to go no further of the land ; for if we can do it in one ininto the argument, the difference between stance, cannot we clearly do it in every both compositions was the fullest proof of other? There is an express statute passed the non-existence of either as an antient in the 13th of queen Elizabeth, which pocomposition; because, if it could be so sitively nullifies every agreement made by construed, the composition at both periods an incumbent, which may injure, nay must have been the same; whereas the bind, his successor ; and are we to alter former was 101. and the latter 151. the the laws of the land, because from some strongest proof in the world with him, that particular instances we are induced to they were made according to the real think and feel our consciences satisfied ? valde at the respective periods.

No; if it be an hardship which may exLord Le Despencer answered, that it tend in a variety of instances so as to bemattered very little what was the compo- come a real grievance, let the legislature sition at one time, compared with what it remedy it, let a Bill be brought in to prewas at * another ; but a prescription or vent the mischief; but let us not, under usage of 60 years, from 1704 or 1707, to the appearance of equity and justice, by 1767, satisfied his conscience (all the a vote of this House, overthrow all law other circumstances of a bona fide pur- and justice, and by averting one evil, inchase, and money expended in improve trodúce ten thousand others of infinitely ment considered, with the total non-per- greater magnitude. formance of duty, and abstinence of all Lord Camden informed the House, that the functions on which the respondent as he did not attend till the second day, could only equitably claim the tythes or he should give no vote on the occasion; ecclesiastical dues) that the present com- he should never be the first to introduce position was a good one, and should be so fatal a precedent, should it ever come sustained by their lordships.

to be adopted, as giving a vote without The Archbishop of Canterbury replied, personally attending from the beginning that the question in his opinion was simply, to the end. His lordship complimented whether the Act of the 13th Eliz. since lord Mansfield highly on the part he had which no composition could have taken taken, as the great patron of the common place, should determine their lordships. law. He expatiated largely on the senti. He therefore called upon some noble lord, ments thrown out by the noble and learned in the law, to rise and direct the learned lord; after which he confined judgment of the House, in a matter which himself chiefly to two points: the first to seemed at present to be controverted. prove, that there was no composition; for

Lord Mansfield, after assuring the House that the sum paid was always fairly equithat he did not mean to give a vote, as he valent to the value of the land, even to had not attended on the two first days, the very last composition, in the reign of said, he was astonished to hear such doc- queen Anne, when the lands in question trines laid down, as persons' consciences were rated at 1041. per annum, and the being satisfied in direct contradiction to composition was 15l. ; the second, to shew, an express statute. He insisted, that any that whenever a nullum tempus Bill should determination formed on such doctrine pass, respecting the possessions of the would be monstrous, would be iniquitous. clergy, from that instant there would be a I do not pretend to say, continued his foundation laid for stripping her of her Jordship, whether the composition con- inheritance, as things might be easily matended for is not more ancient than the naged between the patron and incumbent, reign of queen Elizabeth ; but will any so as that in two ordinary successions, the lord in this House, at this time of day, patrons, in whose gifts the livings are, rise and tell me, that a composition of 60 might settle matters with those who might or 174 years, or even an hour later than be glad to accept them on any terms; the passing of the statute of the 13th Eliz. that compositions might be set up within will legally or equitably defeat the inten- a period of sixty years, sufficient to strip tions of that statute ? No, I hope I shall the church of more than one half, or two never hear so wild, so dangerous a doc- thirds of the real value of the livings she trine seriously maintained. What, my now possessed.

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