Sitting of 22 April 1819

PETITION OF JOHN BUCHANAN COMPLAINING OF HIS IMPRISONMENT UNDER THE HABEAS CORPUS SUSPENSION ACT.
Sir R. Wilsonsaid, he held in his hand the petition of a person of whom he knew nothing more than what was set forth in this statement, but of the correctness of which he had no reason to entertain a doubt. It contained the complaint of
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one who had been deprived of his liberty, under the powers conferred by an act which had threatened the liberties of all, and who had been stripped of the means of vindicating himself by the indemnity granted to those who had applied for the authority which enabled them to inflict the wrong. This latter proceeding had shown that the late parliament had disgracefully leagued itself with the instruments of oppression, and left no ground for wonder that those who had suffered should withdraw their love and reverence from the government of their country, when they found all access to the sanctuaries of justice shut up against them. The petitioner, John Buchanan, described himself as having been a weaver at Glasgow, and the petition stated, "That the petitioner met, in company with nineteen others, in Hunter's Tavern, Old Wynd, Glasgow, upon the 22nd day of February, 1817 (owing to the pressure of the times), for the purpose of considering the most legal and proper method for prosecuting the reverend doctor John Burns, minister of the barony, Glasgow, for parochial relief, and while so engaged, the sheriff depute of Lanarkshire, followed by his fiscall, officers, constables, patrolmen, &c. entered the said tavern, and said, 'I see 'you are all there, gentlemen; just be 'quiet: don't be alarmed; just be quiet: 'the forty-second is surrounding the house; 'you are all my prisoners;' that the petitioners, considering the violence of the sheriff to be a gross insult upon the liberties of his majesty's subjects, requested him to show his warrant of arrest, but received for answer, ' I am warrant 'enough myself;' neither did he read or show any other warrant; that the petitioner was then ordered to deliver up all his papers, which he did without hesitation, having only one sheet, containing a list of towns, beginning with Manchester, and ending with Glasgow, copied from the Glasgow Herald of the 21st February 1817, and, as reported by the secret committee of the House, did contain secret associations, with the mad design of overturning government; the petitioner was then seized by two constables, one at each arm, and in that position was, forthwith forcibly dragged to the common gaol, without being told for what, though he repeatedly requested the sheriff to tell him the same; he was there stripped to the skin, and searched for unlawful papers and weapons, though they found none of

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either on him, he was consigned to a cell, not exceeding nine feet in extent, and three-fourths of the said extent Covered with a large iron bedstead, a table, a coal bunker, a cupboard, and a stool, leaving the petitioner so little room to exercise himself, that his health and strength failed, to an alarming degree; that the petitioner for the first five days of his confinement was not allowed a bed, aliment, or victuals, nor any thing else, one quart of stagnated water twice per day excepted, all necessaries of life being kept from him with the view (as he supposed) of starving him to death; that the petitioner received on the fifth day of his confinement, and not till then, a straw pallet, and eight pence to provide himself in victuals, coals, washing, and in fact every other necessary of life; this sum he received daily afterwards during his confinement (which was twenty-three weeks), nothing more!!! He was also this day robbed of his ink-piece and pen; he requested back the same, but as yet never received either of them; that the petitioner, along with his fellow prisoners, petitioned the sheriff for an advance of aliment, but received no answer; petitioned him again, received for answer, 'he laughed at it;' that on the 8th day of March, Alexander Calder, sheriff's officer, unwarrantably, and forcibly entered the petitioner's house, forced open the locks of several drawers, took there from seven or eight sheets of written papers, and, with the exception of three sheets, these are still kept from him, though he repeatedly requested the same since and before his liberation; that the petitioner's wife and family were reduced to a dreadful state of poverty, owing to his long and close confinement, and only suspended from the horrors of death by the eleemosynary gifts of others, or selling wearing apparrel, or household furniture, for the one-fourth of their value, for providing victuals to satisfy nature, which, together with his own weakness when liberated, reduced him to long embarrassed circumstances; that the petitioner petitioned the House for redress last year, but was answered by a base and corrupt act of Indemnity, for a corrupt ministry and spies; but being assured the old parliament was dissolved, and as he supposes a new one replaced, petitions the House again, trusting candour and conscience will be exercised in his case, even in defiance of the Indemnity act; may it
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therefore please the House, to take the above petition into their most serious consideration, and grant the petitioner such redress of grievances as may once more raise him to his wonted sphere in society, from which he was brought down by the basest act of tyranny ever exercised over man."
Ordered to lie on the table.

STATE OF THE ESTABLISHED CHURCH IN IRELAND.
Sir J. Newportrose, pursuant to notice, to move an inquiry into the State of the Established Church in Ireland. It would be recollected, that in consequence of an address from that House an inquiry upon this subject was instituted in 1806, and that a report from the commission appointed on that occasion was laid before the House in the following year. One great object of this report was, to recommend the residence of the parochial clergy, and the propriety of considering the union or disunion of parishes in that country, by authority of the privy council. The union of parishes was such in Ireland, that in many parts the parish church was too remote from the residence of the Protestant parishioners, and this was obviously such an evil as to preclude the necessity of comment. When pasturage prevailed in Ireland and tithes were, comparatively unproductive, the union of several parishes, with a view to provide adequate subsistence for an incumbent, became a measure of necessity in a great degree. But then that necessity was abated as tillage advanced, and yet the union of parishes appeared to increase with that advancement; for while those unions were but 37 from 1718 to 1780, which was a period of above 60 years, they amounted to 25 within the interval of the 20 following years, namely from 1780 to 1800; and within the last 18 years they were no less than 34. Such an increase of unions appeared to him quite unaccountable, especially as the increase was accompanied by the universal and notorious advance of tillage. Here the right hon. baronet stated several instances in which different parishes were most inconveniently united, ever since the year 1807. These were circumstances to which he felt it his duty to call the attention of the House and the government and both must be aware of the necessity of affording to the Protestants of Ireland an opportunity of performing their religious worship. Of the injuries resulting

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to the Protestant people and religion, from the causes which he had mentioned, he had received information from various quarters. He had received a letter from a gentleman of the highest respectability, which he thought it proper to read to the House. The writer stated, that within the district in which he resided, and which comprehended a union of four parishes, there was no parish church or resident clergyman; that the incumbent was appointed about eight years ago, but had never since been resident, he holding another appointment in the Cathedral of the diocesan from whom he received the incumbency; that the church which belonged to this union was in ruins although this very church was reported in perfect repair in 1807; that upon the roof of this church falling in a few years after this report, the united parishes subscribed 900 l. for the erection of a new church— yet no church had been erected, nor had any public worship been since performed in those parishes, but on one occasion at the private house of the writer, where the incumbent thought it inconvenient to repeat that duty. Of this incumbent, the united parishes never saw any thing but when he came to collect his tithes. The bishop had in consequence been appealed to; and had promised to accelerate the building of the church, and to enforce the residence of the incumbent; but yet neither had been done; and in consequence of this want of a place of public worship for Protestants, eleven were induced to attend another place of worship. Here the communication of this writer terminated, and the right hon. baronet animadverted upon the circumstances to which it related. What, he asked, had been done with the 500,000 l. voted some time since for the erection of churches and the purchase of glebe lands in Ireland, or how came it that after a grant so liberal such a case as that which this writer stated could possibly occur? That some of the diocesans in Ireland were vigilant in enforcing the performance of clerical duties and the residence of the parochial clergy, he was ready to admit. The archbishop of Cashel was particularly meritorious upon this subject. Of the six disunions of parishes which had been ordered since 1807, four had taken place in that archbishopric. But in other parts, the most extraordinary unions had occurred. In order to provide some remedy for such a system, he felt it his duty to move, "that his royal high-
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ness the Prince Regent may be pleased to direct an inquiry to be instituted into the present state of the Established Church in Ireland, by a communication with the archbishops and bishops of that part of the United Kingdom, similar in its nature and details with the inquiry instituted by command of his majesty in Jane 1806 and of which inquiry a full report was, by his majesty's gracious direction, presented to both Houses of Parliament in July 1807; in order that, by an accurate comparison of the results of such inquiries, it may be learned how far the recommendations contained in the former report have been acted upon, and proved effectual for realizing his majesty's benevolent and paternal intentions for the protection and support of the Established Church of that part of the United Kingdom, and particularly for securing to the people of Ireland the beneficial influence of the precept and example of an universally resident body of parochial clergy."
Mr. C. Grantrose to second the motion, to the object of which it was his anxious wish to give all the support in his power, being thoroughly persuaded that the strongest hope of the Protestant religion in Ireland was in the enforcement of the universal residence of the parochial clergy.
Mr. Leslie Fosterconcurred with the right hon. mover in deeming the residence of the parochial clergy in Ireland an object of paramount importance, and for that object he believed the Irish bishops were most earnestly Solicitous. In order to show that solicitude, he thought it right to lay before the House a summary of what had been done to carry into effect the report of 1807. It was known that in 1807 there were only 950 churches erected in the 1181 benefices in Ireland, so that there were no less than 233 benefices without any parish church. In each of those benefices, however, a commodious church was since built, while several old churches, which were previously more like barns, had undergone complete repair. The bishops and the board of first fruits were not therefore fairly chargeable with inactivity. But with a view to promote the universal residence of the clergy, it was confessedly necessary to provide glebe-houses, and therefore with the money granted by parliament, the board of first fruits had already purchased land for such houses in 239 benefices, and every endeavour was making to conclude similar

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purchases in the several parishes in which they were still wanting. With regard to the residence of the parochial clergy until the law of 1808, which assimilated the law of Ireland pretty nearly to that of this country, the Irish bishops had not the power of enforcing that residence; but since the enactment of that law, these worthy prelates had most diligently used the powers with which they were invested by that law to promote uniform residence. He believed, therefore, that there was now no exception of residence but from ill health, or where a glebe-house was still wanting. The right hon. baronet had mentioned a case of non residence, which could not be heard without astonishment and alarm; but as no name or place was mentioned, it was impossible to form any conclusive judgment upon such a case. The incumbent and the diocesan, who could have so acted, would no doubt have been guilty of a serious dereliction of duty. The right hon. Baronet's statement, as it appeared at present could not be controverter; but if he would mention names, a different view might possibly be presented to the House by a counter-statement. He was glad to hear the justice done by the right hon. baronet to the energy of the archbishop of Cashel; and he was enabled from the best sources of information to do equal justice to the lord primate of Ireland. This respected prelate excused residence only where ill health required indulgence, or where a glebe-house was wanting, while he never allowed any clergyman a dispensation to hold two benefices, without enforcing his residence for half the year in each of these benefices. But, really he was led to believe, that in every case of non-residence in Ireland of late years, an adequate cause would be found to exist; and it was due to the Irish bishops who were now no more to state historically, that from the conduct of the Irish parliament in appropriating the tithes of all the monasteries which were left untouched, very little or nothing of tithe was left in many districts of that country for the maintenance of the parochial clergy. This was the case in Connaught and many parts of Munster, and hence former bishops could not consistently enforce the residence of the parochial clergy in such districts. The right hon. baronet had stated that 18 unions of parishes had been ordered by the privy council since 1807; but it should be recollected, that there were six disu-
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nions of parishes within the sane period; therefore the disproportion was not such as the right hon. baronet's statement would lead the House to believe, especially as all the parishes united by the privy council had before been episcopally united from time immemorial. Four of the disunions had taken place in the diocese of Cashel, where tillage, as well as population, was materially increasing. The bishops were indeed, universally impressed with a conviction of the utility of promoting the disunion of parishes and multiplying churches as well as enforcing the residence of the parochial clergy in every case that circumstances warranted.
Mr. Wilberforceexpressed his wish to promote every measure that promised to urge the clergy of Ireland, as well as those of England, to do their duty. He was happy to hear of the particular testimony borne to the conduct of some Irish bishops. But this was not enough. The House should be satisfied that all those peculiarly entrusted with the care of religion and morals had done their duty; it was incumbent upon parliament to look for this satisfaction, and to show that it was prepared to enforce the performance of duty on the part of all, both high and low, without exception or favour.
Sir J. Newportsaid, that being under no restriction, express or implied, from the party, he would mention the name of the writer of the letter which he had quoted. The writer was colonel Bagot, a gentleman of the utmost respectability. The name of the incumbent alluded to was Cox, who was a connexion of the bishop of Kildare, by whom Mr. Cox was appointed to the incumbency, while he held another situation in the cathedral of Kildare.
The motion was agreed to.