HC Deb 29 March 1814 vol 27 cc382-3

Mr. Whitbread presented a Petition of St. John Priest, clerk, master of the endowed school at Scarning, in Norfolk, rector of Reepham cum Kerdiston, in the said county, and vicar of Parham, with Hacheston annexed, in the county of Suffolk; stating the particulars of his case; and setting forth, that the petitioner has been summoned to appear in the court of Common Pleas to answer to Mr. William Wright, who sues for penalties said to be due from the petitioner on account of non-residence upon either of his livings aforesaid in the years 1812 and 1813, and incurred by the Act of 43 Geo. 3, c. 84; and praying for relief.

The Speaker

reprobated the manner in which many petitions were presented, with the whole undigested mass of letters and affidavits on which they were founded, instead of an abstract of the whole.

Mr. Whitbread explained.

Mr. Bathurst

was aware, that there were many cases full as hard as those which he had already mentioned, or as the present. He described that of a clergyman who had a house in the country; and on applying to take a licence to go there, received a letter, stating that it was not necessary. Yet Mr. Wright had returned him among the non-residents.

Mr. C. W. Wynne

adhered to the maxim, that we should not take advantage of our being in the wrong. Those who had incurred the penalty could not certainly bring that as a reason why they, should be excused paying the costs: neither, if brought, ought it to be admitted.

Mr. Preston

was ready, for one, to introduce some clause into the Bill now pending, by which the prosecuted parties should be empowered to bring their case before a jury, and to produce the evidence required. If they were found guilty of pardonable neglect only, then they might be relieved from the payment both of the penalty and of the costs.

Mr. Manners Sutton

thought this would only add to the difficulty. In that case, the law expences of the trial would fall on the individual; and he very much doubted, whether they might not prove heavier than the costs, which he would originally, though perhaps unjustly, have had to pay.

The Petition was then ordered to lie on the table.