THREE:In the session of 1719 Stanhope and his colleagues tried to undo the arbitrary measures of 1711 and 1714the Occasional Conformity Bill and the Schism Bill. Stanhope would have made a strenuous effort to abolish not only these laws, but the Test Act itself; but Sunderland, though equally liberal, was more prudent, and showed that, to attempt too much was to ruin all; and when they came to introduce their greatly modified measurethat of annulling only some of the less prominent clauses of the Test Act under the name of a Bill for strengthening the Protestant interestthey found so much opposition that Sunderland's discernment was fully justified. Not only the two archbishops and some of the bishops opposed the measure, but the great Whigs, the Duke of Devonshire and Earl Cowper. Cowper, though he expressed himself willing to abolish the Schism Bill, stood stoutly for the Test and Corporation Acts as the very bulwarks of our constitution in Church and State; whilst the Earl of Islay declared even this moderate measure a violation of the union with Scotland. On the other hand, the Bishops Hoadley, Willis, Gibson, and Kennett supported the Bill, which, however, was not carried without considerable mutilation; and had Stanhope introduced such a measure as he proposed, including even considerable relief to Catholics, the whole would have been lost.The other charges having been voted, on the 25th of April Burke brought up the articles of impeachment. There was a long debate, in which Wilkes, who had completely changed his politics, and had cultivated a friendship with Warren Hastings and his wife, made a very effective speech in his defence. He tried to shift the blame from Hastings to the Company. Pitt again pointed out the fact that honourable members had not been showing the innocence of Hastings, but raising all manner of set-offs for his crimesa course which he had before said he had hoped would have been abandoned; that for his part,[339] without going to the length of all the charges brought forward, he saw sufficient grounds for an impeachment. He could conceive a State compelled by sudden invasion and an unprovided army, to lay violent hands on the property of its subjects, but then such a State must be infamous if it did not, on the first opportunity, make ample satisfaction. But was this the principle on which Mr. Hastings had acted? No; he neither avowed the necessity nor the exaction. He made criminal charges, and, under colour of them, levied immoderate penalties, which, if he had a right to take them at all, he would be highly criminal in taking in such a shape; but which, having no right to take, the mode of taking rendered much more heinous and culpable.
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