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On the 20th of March Sir Henry Hardinge brought forward the Ministerial plan for the settlement of the tithe question. It was proposed that in future tithes should be recoverable only from the head landlord, and that the owner should be entitled to recover only 75 per cent. of the amount, 25 per cent. being allowed for the cost of collection and the risk and liability which the landlord assumed. He might redeem it, if he wished, at twenty years' purchase, calculated upon[383] the diminished rate. The purchase-money was to be invested in land or otherwise for the benefit of the rectors and other tithe-owners. The arrears of 1834 were to be paid out of the residue of the million advanced from the Consolidated Fund, and the repayments of the clergy for the loans they had received were to be remitted. There was a good deal of discussion on this plan, Lord John Russell contending that it was the same in substance as the one brought forward last Session by the late Government. There was, however, some difference between the two measures. In the former, the landlords were to get two-fifths, or 40, out of every 100, securing to the clergy 77? per cent., and involving an annual charge of 17? per cent. on the Consolidated Fund. This was the shape the measure had assumed as the result of amendments carried in committee. The Ministerial resolution was carried by a majority of 213 to 198.

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FORE:But a month only elapsed when fresh differences arose in the Cabinet leading to further[373] resignations, and ending in the retirement of Lord Grey from public life. Again Ireland was the rock on which the Cabinet struck and went to pieces. The Irish Coercion Act, which had been passed for one year only, was to be renewed, with modifications, for which purpose a Bill was introduced into the Lords about the middle of June. A large number of the Liberal members of England and Scotland, as well as Ireland, required the omission of the clauses enabling the Lord-Lieutenant to suppress public meetings by proclamationa power which Lord Wellesley was induced by his meddlesome advisers, Mr. Littleton and Lord Brougham, to declare he did not require. His opinion, however, was overruled in the Cabinet, and they agreed to support the Bill as it stood. Lord Althorp had very reluctantly yielded the point, more especially as the necessity for the extra-constitutional powers was denied by the Irish executive and by the Lord Chancellor. Mr. Littleton, the Irish Secretary, having indiscreetly made O'Connell aware of the division in the Cabinet, and of the fact that several of its members were supporting the clause contrary to their convictions, the Irish leader used the knowledge thus obtained with tremendous effect. While sitting under the fierce invectives of his opponent, Lord Althorp felt his position to be intolerable. On quitting the House, after a long and harassing discussion, on the 7th of July, he wrote to the Prime Minister, announcing this fact. Next morning there was a conference, after which Lord Grey transmitted to the king his resignation, with that of Lord Althorp; and on the recommendation of Lord Grey, Lord Melbourne was appointed to the office of Prime Minister, being succeeded in the Home Office by Lord Duncannon; while Lord Althorp, relieved from his obligation with regard to the Coercion Bill, consented to resume the post he had just resigned. 100 GB
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THREE:

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THREE:

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TWO:Progress was again shown in a speech of Lord John Russell in the debate on the condition of the people on the 26th of May. Still clinging to his idea of a fixed duty, he said, "If I had a proposition to make, it would not be the 8s. duty which was proposed in 1841." An exclamation of "How much, then?" from Sir James Graham drew forth the further remark"No one, I suppose, would propose any duty that would be less than 4s.; and 4s., 5s., or 6s., if I had a proposition to make, would be the duty that I should propose." The awkward anomalies of Sir Robert Peel's position were the frequent subject of the attacks of his enemies at this time; but the country felt that there was a littleness in the Whig leader's paltry and vacillating style of dealing with a great question, beside which, at least, the position of the Minister exhibited a favourable contrast.

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Instead of taking means to conciliate the public, Bute, stung by these testimonies of dislike, and by the pamphlets and lampoons which issued like swarms of wasps, revenged himself by others, which only intensified the hatred against him. Still worse for him, he had caused the Dukes of Newcastle and Grafton, and the Marquis of Rockingham, to be dismissed from the Lord-Lieutenancies of their respective counties, because they voted against the peace on Bute's terms. With a still more petty rancour he had visited the sins of these noblemen on the persons in small clerkships and other posts who had been recommended by them, turning them all out. Sir Henry Fox joined him relentlessly in these pitiful revenges, and would have carried them farther had he not been checked by others.The news of the Treaty of Sch?nbrunn was a death-blow to the hopes and exertions of the Tyrolese. At this moment they had driven the French out of their mountains, and the beautiful Tyrol was free from end to end. Francis II. had been weak enough to give this brave country over again to Bavaria, at the command of Napoleon, and sent the patriotic Tyrolese word to lay down their arms. To understand the chagrin of the people we must recollect the strong attachment of the Tyrolese to the house of Austria and their brilliant actions during this war. It was decided to ignore the message and raise the Tyrol. On the 9th of April the concerted signal was given by planks, bearing little red flags, floating down the Inn, and by sawdust thrown on the lesser streams. On the 10th the whole country was in arms. The Bavarians, under Colonel Wrede, proceeded to blow up the bridges in the Pusterthal, to prevent the approach of the Austrians; but his sappers, sent for the purpose, found themselves picked off by invisible foes, and took to flight. Under Andrew Hofer, an innkeeper of the valley of Passeyr, the Tyrolese defeated the Bavarians in engagement after engagement. After the battle of Aspern, Francis II. sent word that his faithful Tyrolese should be united to Austria for ever, and that he would never conclude a peace in which they were not indissolubly united to his monarchy. But Wagram followed, Francis forgot his promise, and the Tyrol, as we have seen, was again handed over to the French, to clear it for the Bavarians. Lefebvre marched into it with forty thousand men, and an army of Saxons, who had to bear the brunt of the fighting. Hofer and his comrades, Spechbacher, Joachim Haspinger, and Schenk, the host of the "Krug" or "Jug," again roused the country, and destroyed or drove back the Saxons; and when Lefebvre himself appeared near Botzen with all his concentrated forces, they compelled him also to retire from the Tyrol with terrible loss. The French and Saxons were pursued to Salzburg, many prisoners being taken by the way. Hofer was then appointed governor of the Tyrol. He received his credentials at Innsbruck from an emissary of the Archduke, his friends Spechbacher, Mayer, and Haspinger being present on the occasion, and also the priest Douay by whom the patriot was subsequently betrayed.On the day appointed for the trial of Warren Hastings there was a wonderful crowding into the great hall at Westminster. The walls had been in preparation hung with scarlet, and galleries raised all round for the accommodation of spectators. The seats for the members of the House of Commons were covered with green cloth, those for the lords and all the others with red. Galleries were set apart for distinguished persons, and for the members of the foreign embassies. When the lords, nearly one hundred and seventy in number, entered in procession, the vast hall presented a striking scene, being crowded, with the exception of the space in the centre for the peers, with all who were noted in the land, from the throne downwards. The lords were all in their robes of gold and ermine, marshalled by the king-at-arms and the heralds. First entered Lord Heathfield, the brave old Elliot of Gibraltar, as the junior baron, and the splendid procession was closed by the Earl Marshal of England, the Duke of Norfolk, and by the brothers and sons of the king, the Prince of Wales last of all. The twelve judges attended to give their advice on difficult points of law, and the Managers were attended also by their counsel, Drs. Scott and Lawrence, and Mr. Mansfield, Mr. Pigot, Mr. Burke, and Mr. Douglas. The galleries blazed with the rich array of ladies and foreign costumes. There were seen the queen with her daughters, and the Princesses Elizabeth, Augusta, and Mary, the Duchess of Gloucester, Mrs. Fitzherbert, the beautiful Duchess of Devonshire, Sheridan's handsome wife, and the great actress, Mrs. Siddons. Gibbon the historian, Dr. Parr, Mr., afterwards Sir, James Mackintosh, and numbers of distinguished artists, amongst them Sir Joshua Reynolds and Gainsborough, were also present.The Act of 1712 restored lay patronage, and then the strife began, but not between the people and the lay pastors, but between the clergy and the lay patrons. There grew up two parties in the General Assembly, styled the moderates, and the more advanced, or popular party. The moderates were those who were ready to concede to the demands of Government and lay patronage under a gentle protest; the more popular party, as it was called, was for transferring the right of presentation to the presbytery. The Act of William III., in 1690, gave the original and exclusive nomination to the heritors, land-owners, and elders. The person nominated was to be proposed to the congregation, who might approve or disapprove. But to what did this right amount? The congregation could not absolutely reject; and if they disapproved, the right passed on to the presbytery, whose decision was final. By this arrangement, either the landowners and elders remained the presenters,[168] or, after a vain show of conferring the choice upon the people, the appointment fell to the clergy, or presbytery. From 1690 to 1712, Sir Henry Moncrieff says, "there does not appear the least vestige of a doctrine, so much contended for at a later period, of a divine right in the people individually or collectively, to elect the parish minister." This opinion was fully maintained by the law of William III., in 1690, and confirmed by that of Anne, in 1712. Sir Henry Moncrieff, in confirmation of this doctrine that the people never had a right to elect their ministers in the Scottish Church, quotes the "First Book of Discipline," of 1567, which placed the election of pastors in the people at large; but this error, he says, was rectified by the "Second Book of Discipline," in 1581. By this book the congregation could only consentthe presbyters must finally determine. This contains the law of the Church of Scotland, and the great schism which took place in the Scottish Church, in 1843known as the Disruptionarose merely from the resistance to lay patronage, but with the intention of transferring that patronage to the clergy, not the people.
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