ONE: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.But, on the 6th of May, a blow fell on Nuncomar from an unexpected quarter. He was arrested and thrown into prison at the suit of a merchant named Mohun Persaud. The charge was, that he had forged a bond five years before. He had been brought to trial for this before the Mayor's Court at Calcuttathe Supreme Court not then being in existence. On this occasion, being in favour with Hastings, he had procured his release; but now, the merchant seeing that Hastings' favour was withdrawn, and that, therefore, he might have a better chance against him, the charge was renewed. Hastings, on the trial, declared before the Supreme Court that neither directly nor indirectly had he promoted the prosecution. The opposition members were highly incensed at this proceeding. Three days after Nuncomar's committal they realised their threat of dismissing the Munny Begum, and appointed Goordas, the son of Nuncomar, to her office. They sent encouraging messages to Nuncomar in his prison, and made violent protests to the judges against the prosecution. Their efforts were useless. The trial came on in due course. One of the judges, Sir Robert Chambers, had endeavoured to have Nuncomar tried on an earlier statute, which included no capital punishment, for forgery was no capital crime by the native laws. But Sir Elijah Impey and the other judges replied that the new Act compelled them to try him on the capital plea, and he had been, on this ground, refused bail. Nuncomar knew nothing of our estimate of forgery, and he could not comprehend how a man of his rank, and a Brahmin of high dignity, should be tried for his life on such a charge. But he was found guilty, and condemned to be hanged. Strong efforts were then made to have him respited till the judgment of the Court of Directors could be taken on the question, but Impey and the other judges declared that it could not be done unless they could assign some sufficient reasons, and they contended that there were no such reasons. Yet the new Acts expressly gave them this power, and, what made it more desirable, was that no native of any rank had been tried by the Supreme Court and the British law, and only one native had ever been capitally convicted for forgery in any of our Indian courts. Moreover, the indignity of hanging a high-caste Brahmin was so outraging to the native feeling that it was deemed most impolitic to perpetrate such an act. All was pleaded in vain; on the 5th of August, 1775, Nuncomar was brought out and publicly hanged, amid the terrified shrieks and yells of the native population, who fled at the sight, and many of them rushed into the sacred Ganges to purify them from the pollution of ever witnessing such a scene. The death of Nuncomar put an end to all hope of procuring any further native evidence against Hastings. The natives were so terrified at this new kind of execution, that nothing could convince them but that, in spite of the opposition of his colleagues, Hastings was all powerful.
THREE:Lord Redesdale in a letter to Lord Eldon, written in 1821, soon after the king's visit, gave expression to some important truths about the Government of Ireland. "Ministers," he said, "have fancied that Ireland would do better without a Lord-Lieutenant, and some of them have called his office a useless pageant, but under the present circumstances they would govern the colonies as well without governors as they can govern Ireland without that pageant. If the pageant is useless, it is because they make it useless, because they give him a Secretary to thwart him, or to be a viceroy over him. The office of Lord-Lieutenant requires, in my opinion, a considerable portion of ability, sound judgment, discretion, firmness, good temper, and conciliating[246] manners. Such a Lord-Lieutenant ought to be supreme. If Ministers think fit to appoint to such an office a man wholly unqualified for it, they must put him in leading-strings, and give him a Secretary with all the qualities the Lord-Lieutenant ought to have; and, moreover, with a disposition to conceal rather than display his power over his superiorto lead, and not to command, the Lord-Lieutenant. In England the machine goes on almost of itself, and therefore a bad driver may manage it tolerably well. It is not so in Ireland. The country requires great exertion to bring it into a state of order and submission to law. The whole populationhigh and low, rich and poor, Catholic and Protestantmust all be brought to obedience to law; all must be taught to look up to the law for protection. The gentry are ready enough to attend grand juries, to obtain presentments for their own benefit, but they desert the quarter-sessions of the peace. The first act of a constable in arrest must not be to knock down the prisoner; and many, many reforms must be made, which only can be effected by a judicious and able Government on the spot. Ireland, in its present state, cannot be governed in England. If insubordination compels you to give, how are you to retain by law what you propose to maintain while insubordination remains? It can only be by establishing completely the empire of the law."
THREE:Mr. St. John Daly, ditto 3,300
THREE:Almost immediately on the meeting of the House of Commons, Welbore Ellis demanded whether a return had been made for Westminster, and being answered in the negative, moved that Mr. Corbett, the high bailiff, with his assessor, should attend the House; and the next day, February 2nd, Colonel Fitzpatrick presented a petition from the electors of Westminster, complaining that they were not legally and duly represented. In fact, the scrutiny had now been going on for eight months, and as not even two of the seven parishes of Westminster were yet scrutinised, it was calculated that, at this rate, the whole process would require three years, and the city would, therefore, remain as long unrepresented. The high bailiff stated that the examinations, cross-examinations, and arguments of counsel were so long, that he saw no prospect of a speedy conclusion; and Mr. Murphy, his assessor, gave evidence that each vote was tried with as much[310] form and prolixity as any cause in Westminster Hall; that counseland this applied to both sidesclaimed a right to make five speeches on one vote; and that propositions had been put in on the part of Sir Cecil Wray to shorten the proceedings, but objected to on the part of Mr. Fox.