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During the discussion of this question, Sir George Savile brought forward another. This was a Bill for relieving Catholics, by repealing the penalties and disabilities imposed by the 10th and 11th of King William III. The hardships sought to be removed were these:The prohibition of Catholic priests or Jesuits teaching their own doctrines in their own churches, such an act being high treason in natives and felony in foreigners; the forfeitures by Popish heirs of their property who received their education abroad, in such cases the estates going to the nearest Protestant heir; the power given to a Protestant to take the estate of his father, or next kinsman, who was a Catholic, during his lifetime; and the debarring all Catholics from acquiring legal property by any other means than descent. Dunning declared the restrictions a disgrace to humanity, and perfectly useless, as they were never enforced; but Sir George Savile said that was not really the fact, for that he himself knew Catholics who lived in daily terror of informers and of the infliction of the law. Thurlow, still Attorney-General, but about to ascend the woolsack, promptly supported the Bill; and Henry Dundas, the Lord Advocate of Scotland, lamented that it would afford no relief to his own country. These Acts did not affect Scotland, as they had been passed before the union; but Scotland had a similar Act passed by its own Parliament, and he promised to move for the repeal of this Scottish Act in the next Session. In the Commons there was an almost total unanimity on the subject; and in the Lords, the Bishop of Peterborough was nearly the only person who strongly opposed it. He asked that if, as it was argued, these Acts were a dead letter, why disturb the dead?

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But this improvement produced no sensible effect upon the mass of labouring people. However brightly the sun of prosperity might gild the eminences of society, the darkness of misery and despair settled upon the masses below. The Commissioners proceed:"A reference to the evidence of most of the witnesses will show that the agricultural labourer of Ireland continues to suffer the greatest privations and hardships; that he continues to depend upon casual and precarious employment for subsistence; that he is still badly housed, badly fed, badly clothed, and badly paid for his labour. Our personal experience and observation during our inquiry have afforded us a melancholy confirmation of these statements; and we cannot forbear expressing our strong sense of the patient endurance which the labouring classes have generally exhibited under sufferings greater, we believe, than the people of any other country in Europe have to sustain."
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THREE:This result was due to important negotiations behind the scenes. For many months the more extreme section of the Cabinet had urged Lord Grey to recommend the king to swamp the hostile majority by a creation of peers. Both he and Althorp objected to this course, and fresh overtures were made to the waverers, while the king undertook to convert the Bishops. Both attempts[348] failed, and then the Cabinet was nearly rent in twain. Lord Durham attacked his father-in-law in language which Althorp declared to be "brutal," and for which, said Lord Melbourne, he deserved to be knocked down. At last the king resolved to agree to a creation of peers on condition that the new creations should not exceed the number of 24. This alarmed the waverers, and with the aid of Charles Greville they came to terms with the Government. Lord Harrowby and Lord Wharncliffe secured a majority on the second reading, on condition that no new peers should be created.The art of sculpture, like that of painting, took a new spring in this reign, but the early part of it was encumbered by the tasteless works of Wilton, Read, and Taylor. It remained for the genius of Banks, Nollekens, Bacon, Baily, Behnes, and Chantrey, to place sculpture on its proper elevation in England.

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THREE:Lord North, however, was still sufficiently impressed by the solemn warnings of Chatham and others to attempt a conciliatory measure of his own. Accordingly, on the 20th of February, only ten days after his Bill restrictive of the American trade, and whilst it was progressing, he moved in a committee of the whole House, "That if the Legislature of any of the American provinces should propose to make some provision for the common defence, and also for the civil government of that province, and if such proposal shall be approved of by the king and Parliament, it would be proper to forbear, whilst such provision lasted, from levying or proposing any tax, duty, or assessment within the said province."

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THREE:This announcement drew from the Opposition a torrent of abuse of Ministers, who, in reality, had only been carrying out the very measure which they had long recommended, and which Fox, in particular, had been seriously endeavouring to accomplish whilst in office. Their censures appeared to arise rather from the fact that the war was ended without their mediation than from anything else. Fox upbraided Lord Shelburne with having once said that, when the independence of America should be admitted, the sun of England would have set. Yet this had been the opinion not of Lord Shelburne merely, but of numbers who now saw reason to doubt that gloomy view of things, and there was the less reason for Fox to throw this in the face of the Prime Minister, as he had been himself, whilst his colleague, earnestly labouring with him for that end. Still he was naturally sore[299] from Shelburne's successful intrigues against his diplomacy. On the 18th of December he moved for copies of such parts of the provisional treaty as related to American independence; but in this he was supported by only forty-six members.
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FORE:This point settled, the preliminaries of peace were signed at Fontainebleau on the 3rd of November. To console Spain for her losses by her unlucky alliance with France, Louis XV. ceded Louisiana to that country by a private convention.
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FORE:In the Commons, Mr. Spencer Compton, the Ministerial nominee, was elected Speaker. The king opened his first Parliament in person, but, being unable to speak English, he handed his speech to Lord Chancellor Cowper to read. In the Commons the Address condemned in strong language the shameful peace which had been made after a war carried on at such vast expense, and attended with such unparalleled successes; but expressed a hope that, as this dishonour could not with justice be imputed to the nation, through his Majesty's wisdom and the faithful endeavours of the Commons the reputation of the kingdom might in due time be vindicated and restored. This was the first announcement of the Ministers' intention to call their predecessors to account, and Secretary Stanhope, in the course of the debate, confirmed it, observing that it had been industriously circulated that the present Ministers never designed to bring the late Ministers to trial, but only to pass a general censure on them; but he assured the House that, though active efforts had been used to prevent[27] a discovery of the late treasonable proceedings, by conveying away papers from the Secretaries' offices, yet Government had sufficient evidence to enable them to bring to justice the most corrupt Ministry that ever sat at the helm. Before three weeks were over a secret committee was appointed to consider the Treaty of Utrecht.
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FORE:These certainly were large concessions, but it was to be remembered that we had not received them for nothing; they had cost vast sums, and the national debt had been doubled by this war, and now amounted to one hundred and twenty-two million six hundred thousand pounds. These territories had, in fact, cost us upwards of sixty million pounds; and it is certain that Pitt would have exacted a more complete renunciation from France of the conquered countries. There was a clause inserted which Pitt would never have permittednamely, that any conquests that should be made after the signing of these articles, should be restored by all parties. Now, Bute and the Ministry knew that we had expeditions out against Cuba and the Philippines, and that the only conquests likely to be made were in those quarters. To throw away without equivalent the blood and money expended in these important enterprises was a most unpatriotic act. Still, there was opportunity for more rational terms, for Grimaldi, the Spanish ambassador at Paris, held back from signing, in hope that we should be defeated at Havana, and that then he could raise his terms. When the news of the loss of both Havana and Manila arrived, Grimaldi was in great haste to sign, and Mr. Grenville and Lord Egremont very properly insisted that we should demand an equivalent for the conquest in Cuba. Pitt would have stood firm for the retention of that conquest as by far the most important, and as justly secured to us by the refusal of the Spanish ambassador to sign at the proper time. But Bute would have signed without any equivalent at all. Fortunately, there was too strong an opposition to this in the Cabinet, and the Duke of Bedford was instructed to demand Florida or Porto Rico in lieu of Havana. Florida was yieldeda fatal, though at the moment it appeared a valuable concession, for it only added to the compactness of the American colonies, hastening the day of independence, whilst Cuba would have remained under the protection of the fleet, one of the most valuable possessions of the British empire.The warder silent on the hill."

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FORE:In the following June Lord Stanhope again came forward with a Bill to remove some of these enactments, and he showed that the literal fulfilment of several of them was now impossible; that as to compelling every man to go to church, by returns lately made to that House it was shown that there were four millions more people in England than all the churches of the Establishment could contain. With respect to the Church enforcing uniformity, he said that the variations between the Book of Common Prayer printed at Oxford and that printed at Cambridge amounted to above four thousand. His Bill was again thrown out by thirty-one against ten; but his end was gained. He had brought the injustice towards the Dissenters so frequently forward, and it was now so glaring, and the Dissenters themselves were become so numerous and influential, that the question could be no longer blinked. On the majority being pronounced against the Bill, Lord Holland rose and asked whether, then, there was to be nothing done to remove the disabilities under which Dissenters laboured? If that were the case, he should be under the necessity of bringing forward a measure on that subject himself. This compelled Ministers to promise that something should be done; and, on the 10th of the same month, Lord Castlereagh proposed to bring in a Bill to repeal certain Acts, and to amend others respecting persons teaching or preaching in certain religious assemblies. This Act, when explained, went to repeal the 13 and 14 Charles II., which imposed penalties on Quakers and others who should refuse to take oaths; the 16 of Charles II., known as the Five Mile Act, which prohibited any preacher who refused to take the non-resistance oath coming within five miles of any corporation where he had preached since the Act of Oblivion, under a penalty of fifty pounds; and the 17, which also imposed fine and imprisonment on them for attempting to teach a school unless they went to church and subscribed a declaration of conformity. It also repealed the 22 Charles II., commonly called the Conventicle Act. Instead of those old restraints, his Act simply required the registration of all places of worship in the bishop's or archdeacon's court; that they must not be locked, bolted, or barred during divine service, and that the preachers must be licensed according to the 19 George III. These conditions being complied with, all persons officiating in, or resorting to such places of worship, became entitled to all the benefits of the Toleration Act, and the disturbance of their assemblies became a punishable offence. This Bill passed both Houses, and became known as the Statute of 52 George III. It was a great step in the progress of religious freedom; and Mr. William Smith, the leader of the Dissenting interests in the House of Commons, expressed his heartfelt gratification at this proof of the increasing liberality of the times.
FORE:This insult roused the fiery blood of Spain. The king and queen were excited to paroxysms of rage. They told Mr. William Stanhope that, in future, they would put confidence in no prince except his master, nor admit any one else to mediate for them in their negotiations. But George refused to break with France on their account, and ventured to remind Philip that he himself stood greatly in need of the alliance with France. Blinded, however, by their wounded pride, the King and Queen of Spain now turned their anger against England. They recalled their plenipotentiaries from the Congress of Cambray, which was sitting to settle the affairs of Europe, and professed their readiness to abandon all their hostility to the Emperor of Germany, and to concede all that they had so long demanded from him, on condition that he entered into a close alliance with them against France and England. They sent back to France the widow of the late Don Louis, and also Mademoiselle Beaujolais, another daughter of the late Regent Orleans, who had been contracted to Don Carlos.[See larger version]

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At this juncture, while daily desertions thinned Mar's army at Perth, arrived the Pretender. He landed at Peterhead on the 22nd of December. On the 6th of January, 1716, he made his public entry into Dundee, at the head of his cavalcade, the Earl of Mar riding on his right hand, and the Earl Marshal on his left, and about three hundred gentlemen following. His reception was enthusiastic. The people flocked round him to kiss his hands; and to gratify this loyal desire he remained an hour in the market-place. On the 8th he arrived at Scone, and took up his residence in the ancient palace of his ancestors. There he was only two miles from the army, and having established a council, and issued six proclamations, ordering a public thanksgiving for the "miraculous providence" of his safe arrival, for prayers in the church, for the currency of foreign coin, for a meeting of the Convention of Estates, for all fencible men from sixteen to sixty to repair to his standard, and for his coronation on the 23rd of January, he presented himself before the army. But here the scene was changed. Instead of enthusiasm there was disappointmentdisappointment on both sides. The soldiers, who expected to see a royal-looking, active-looking man, likely to encourage them and lead them on their career, beheld a tall, thin, pale, and dejected sort of person, who evidently took no great interest in them. That the Pretender should not exhibit much vivacity was no wonder. He had been assured by Mar that his army had swelled to sixteen thousand men; that the whole North was in his favour; and that he had only to appear to carry everything before him. On inquiring into the force, it turned out to be so miserably small, that the only desire was to keep it out of sight. The spirits of the Pretender fell, and though not destitute of ability, as is manifest by his letters, he had by no means that strength of resolution demanded by such an enterprise.It was apprehended that the enemy would return next day in greater force to renew the contest; but as they did not, the Commander-in-Chief seized the opportunity to summon the troops to join him in public thanksgiving to God for the victory. The year 1846 dawned upon the still undecided contest. The British gained most by the delay. The Governor-General had ordered up fresh troops from Meerut, Cawnpore, Delhi, and Agra. By the end of January Sir Hugh Gough had under his command 30,000 men of all arms. On every road leading to the scene of action, from Britain's Indian possessions, convoys were seen bearing provisions and stores of all sorts to the army; while reinforcements were pressing onward rapidly that they might share the glory by confronting the greatest danger. That danger was still grave. The Sikhs also were bringing up reinforcements, and strengthening their entrenched camp at the British side of the Sutlej, having constructed a bridge of boats for the conveyance of their troops and stores across the river. The enemy had established a considerable magazine at a fortified village some miles from the camp, and Sir Harry Smith proceeded at the head of a[599] detachment to attack it. But Sirdar Runjeet Singh intercepted him, cut off and captured all his baggage; but being reinforced, he met the enemy again at a place on the Sutlej, called Aliwal. The Sikh army, which seemed in the best possible order and discipline, were drawn up in imposing array, 20,000 strong with 70 guns, while the British were 9,000 with 32. After a series of splendid charges the enemy were driven successively from every position, and fled in confusion across the river. Several of the British horsemen followed the guns into the river, and spiked them there. The loss of the Sikhs is said to have been 3,000, while that of the British was only 673 killed and wounded. The moral effect of this victory over such unequal forces was of the utmost advantage to the rest of the army (January 28th, 1846).Undaunted by this display of prelatical bigotry, Lord Stanhope immediately gave notice of a Bill to prevent a tyrannical exercise of severity towards Quakers, whose principles did not permit them to pay tithes, church-rates, or Easter offerings; this he did on the 3rd of July of the same year. By the 7 and 8 William III. two justices of peace could order a distress on a Quaker for tithes under the value of ten pounds; and by 1 George I. this power was extended to the non-payment of Easter and other dues; but his Lordship showed that of late the clergy had preferred to resort to an Act of Henry VIII., a time when Quakers did not exist, which empowered the clergy, by warrant from two justices of peace, to seize the persons of the defaulters and throw them into prison, where, unless they paid the uttermost farthing, they might remain for life. Thus the clergy of the eighteenth century in England were not satisfied with the humane enactments of William III. or George I., by which they could easily and fully obtain their demands, but they thirsted for a little vengeance, a little of the old enjoyment of imprisoning and tormenting their neighbours, and therefore went back to the days of the brutal Henry VIII. for the means. They had, two months before, thrown a Quaker of Worcester into gaol for the non-payment of dues, so called, amounting to five shillings, and there was every prospect that he might lie there for life. At Coventry six Quakers had lately been prosecuted by the clergyman for Easter offerings of the amount of fourpence each; and this sum of two shillings amongst them had, in the ecclesiastical court, been swelled to three hundred pounds. For this three hundred pounds they were cast into prison, and might have lain there for life, but being highly respected by their townsmen, these had subscribed the money and let them out. But this, his Lordship observed, would prove a ruinous kindness to the Quakers, for it would whet the avarice of the clergy and proctors to such a degree that the people of that persuasion would everywhere be hunted down without mercy for small sums, which might be recovered at once by the simple process of distraint. He declared that he would have all clerical demands satisfied to the utmost, but not by such means, worthy only of the dark ages; and he therefore, in this Bill, proposed the repeal of the obnoxious Act of 27 Henry VIII. But the glutting of their vengeance was too precious to the clergy of this period, and the Bill was rejected without a division.No sooner was the sentence passed than his judges were seized with a vehement desire to procure a pardon for the admiral. They made the most urgent entreaties to the Admiralty for that purpose, and Captain Augustus Keppel authorised Horace Walpole to say that he and four others of the members of the Council had something of importance to communicate, and desired to be relieved from their oath of secresy. The House of Commons was quite ready to pass a Bill for the purpose, and the king respited the admiral till all such inquiries had been made. But when the Bill had been passed by one hundred and fifty-three to twenty-three, it turned out that these five officers had nothing of consequence to disclose. Still Lord Temple, who was at the head of the Admiralty, was greatly averse from the carrying out of the sentence, which, in fact, was much disproportioned to the crime. Pitt also interceded with the king, and renewed applications were made to the Admiralty; but, on the other hand, the people were smarting under the loss of Minorca, and demanded the execution of the sentence. Hand-bills were posted up, "Hang Byng, or take care of the King." The House of Lords, when the Commons' Bill was carried up to them, however, settled the matter. Murray and Lord Hardwicke demanded of every member of the court-martial at the bar of the House whether they knew of any matter which showed their sentence to be unjust, or to have been influenced by any undue motive; and as all declared they did not, the Lords dismissed the Bill. The[126] sentence was therefore fixed for execution on the 14th of March. Byng, both during the trial, and now when brought on board the Monarch in Portsmouth Harbour to be shot, showed no symptoms of fear. When one of his friends, to prevent a man from coming in to measure Byng for his coffin, said, standing up by him, "Which of us is the taller?" Byng immediately replied, "Why this ceremony? I know what it means; let the man measure me for a coffin." On the deck he wished to have his eyes left unbound; but when told it might frighten the soldiers and distract their aim, he said, "Let it be done, then; if it would not frighten them, they would not frighten me." He fell dead at the discharge (March 14, 1757).
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