« PreviousContinue »
the Chapter. The report would and the present Establishment and have been more satisfactory if it Constitution of his Majesty's had more fully examined this part Mint, to his Royal Highness the of the subject. In vol. 3. b. 5. Prince Regent, dated the 21st of c. 1. ar. 3. of Dr. Smith's Wealth
May, 1816. of Nations, is the following ac- At the Council Chamber, Whitecount of it.--"In the ancient hall, the 21st of May, 1816, by constitution of the Christian the Right Honourable the Lords church, the bishop of each dio. of the Committee of Council, cese was elected by the joint votes appointed to take into considerof the clergy and of the people of ,ation the State of the Coins of the episcopal city. The people this Kingdom, and the present did not long retain their right of Establishment and Constitution election. The clergy found it of his Majesty's Mint : easier to elect their own bishops His Majesty having been pleasthemselves. Thesovereign, though ed, by his Order in Council of he might have some indirect in- 7th February, 1799, to direct fluence in those elections, and this Committee to take into conthough it was sometimes usual to sideration the state of the coins ask both his consent to elect, and of this realm, and the present his approbation of the election, establishment and constitution of yet he had no direct or sufficient his Majesty's Mint, the Commitmeans of managing the clergy." tee, in discharge of their duty, After describing the encroach- have already submitted to his Maments of the see of Rome in the jesty their opinions on some of 14th and 15th centuries, Dr. the points so referred to them.
“In this situation of A new Mint has, at their re. things, the sovereigns in the dif- commendation, been erected, and ferent states of Europe endeavour- furnished with a most complete ed to recover the influence which and extensive coining apparatus, they once had in the disposal of including all the modern improvethe great benefices of the church, ments; and in a representation by procuring to the deans and to your Royal Highness in Counchapters of each diocese the re- cil, of 6th March, 1815, this storation of their ancient right of committee suggested several alelecting the bishops. The re-es- terations in the establishment ard tablishment of this ancient order constitution of his Majesty's Mint, was the object of several statutes which your Royal Highness was enacied in England, and of the graciously pleased to approve, pragmatic sanction established in and which will, it is presumed, France in the 15th century.”
render that establishment more efficient.
These preliininary steps having
been completed, the committee Report of the Lords of the Com- have availed themselves of the re
mittee of Council, appointed to turn of general peace, to resume take into consideration the State the consideration of the important of the Coins of this Kingdom, subject referred to them, which
the unusually high prices of the made either in the standard of precious metals, and other cir- fineness or in the denominations chnistances arising out of a state of the coins; but they think it of war, had obliged them to sus- will be advisable to diminish the pend ; and they now take leave weight of the pieces, in order to humbly to represent to your Royal present a recurrence of those in. Highness, that an immediate conveniencies which have hitherto coinage of gold and silver njonies arisen from the melting of the would be of great public benefit : new and perfect silver coins as but that if your Royal Highness soon as they have appeared in should be pleased to give direc- circulation, for the purpose of tions for carrying thr same into converting them into buliion, in effect, they do not conceive it which stare they have generally would be advisa le to inake any been more valuable than as coin : alteration either in the standard, the committee are therefore of weight, or denominations of the · opinion, that it should be progold coins. The committee are, posed to parliament to authorize however, of opinion that it shoul his Majesty to direct, that in all forthwith be proposed to parlia. future coinages of silver, sixty. ment, to pass an act declaring the six shillings (and other coins in gold coin alone to be the standard proportion) shall be struck from coin of this realm ; and that the each pound weight troy of standsilver coins are hereafter to be ard silver, instead of sixty-two. considered merely as representa
It has hitherto been the practive coins, and to be a legal ten- tice in his Majesty's Mint to l'eder only in payment of sumns not turn to those who import silver exceeding two guineas
for the purpo:e of having it conThe committee do not think it verted into coin, a quantity of necessary to state to your Royal coin equal in weight to the quanHighness the reasons which have tity of standard silver so importled them to recommend that the ed, the expense of coining being gold coin alone should be declared borne by the public. So long as to be the standard coin of the the silver coins were considered realm, because they conceive that to be the standard coin of the such a declaration by parliament realm, this principle appears to would in truth be merely in con- this committee to have been a firmation of a principle already wise one, and they conceive that established by the universal con- it should still be adhered to in resent and practice of his Majesty's spect of the gold coin, which is subjects, and which appears to he now. to be declared the standard in a great measure recognised by coin of the realm ; but the comthe act of 38 Geo. III. chap. 59. mittee are of opinion that the
With respect to the silver coins, charge of coining the silver coins, of which an immediate supply ap- as well as a small allowance for pears to be more indispensably seignorage, ought to be deducted; necessary for the public conveni- and that his Majesty should lie ence, the committee are of opini- authorized to direct the Master of on, that no alteration should be his Mint to retain four shillings
out of each pound weight troy of weight of such coins, arising out silver coin hereafter to be coined, of the acts of 18 Charles II. for the charge of brassage and ch.5 ; 7 and 8 William III. ch. 1, seignorage ; and that the money sec. 1 and 2 ; 14 George III. ch. received for the same should be 42, sec. 1; 38 George III. ch.59, applied to the public service, in sec. 2, should be repealed; and discharge of the interest of the with this view, the committee sum expended in the erection of take leave to recommend, that in the new Mint, and in defra: ing the bill to be proposed to parliathe general expenses of the mint ment provision should be made establishment. In thus stating for the removal of those prohibithe number of pieces to be struck tions. When that shall have been from each pound of silver, and effected, the committee will prothe amount of the sum to be de- ceed humbly to recommend to ducted for brassage and seignor- your Royal Highness the regulaage, the comunitree have, to the tions which they conceive will be best of their judgment, endea- necessary with respect to the voureil to fix on such a rate as time and mode of calling in the will on the one hand be suffi- silver cuins now in currency; as cietly high tu protect the new well as with respect to the allowcoins, by a small increase of their ance (if any) to be made hereafter nominal value, from the danger for reasonable wear, in each deof being melted down and con- nomination of the proposed new verted into bullion when the mar- coins. The committee think it ket price of silver rises; while, right, however, now to state as on the other, it will, they trust, their opinion, with respect to the not be found to be so low as to silver coins at present in circulaafford any encouragement to the tion, that it should be proposed issue of counterfeit coin, if the to parliament to authorize his market price of silver should fall. Majesty, whenever he shall see
Should your Royal Higness fit to call in such silver coins, to think fit to adopt the plan which direct that all such pieces as shall the committee have thus recom- be judged by the officers of the mended, they think it would be Mint to have been actually coined advisable that a suin of not less in his Majesty's Mint, should be than 2,500,000l. in silver coin received by tale, and that the should actually be coined, before holders of the same should receive any issue of new coin takes place ; in return an equal value by tale viz. 2,000,000). for the use of of the new silver coins. Great Britain, and 500,000l. for the use of Ireland.
It will, however, be necessary, Report from the Select Committee before any further progress can
on Tithes. be made in the execution of a new silver coinage on the above prin- 1. Resolved, That it is the opiciples, that the legal prohibitions nion of this committee, that it is against coining any silver coins expedient to enable ecclesiastical of the realm, or altering the proprietors of tithes to grant leases thereof, so as to bind their lessee of the tithe rent, or a just successors under due regulations. proportion thereof.
2. That it is the opinion of 8. That it is the opinion of this committee, that the term of this committee, that in case of a such leases should not exceed 14 voidance of the living, by death years.
or otherwise, a proportion of the That it is the opinion of this rent should be paid to the incumcommittee, that such leases should bent, or his representative, up to only be granted with the previous the time of such a voidance. consent of the patron and the bi- 9. That it is the opinion of shop of the diocese.
this committee, that the said tithc4. That it is the opinion of rent or composition should be this committee, that the consent recoverable by distress, as if the of the bishop should not be given same were a rent-charge upon until he has been furnished with the lands; and that the lessee of a certificate upon oath, by a com- the tithes shall have a remedy by petent surveyor, to be named by distress for the tithe-rent against such bishop, and to be paid by the occupier agreeing to retain the contracting parties, that the the tithe. tithe rent, or composition pro- 10. That it is the opinion of posed, is a fair and just equiva- this committee, that the tithelent for the tities so to be leased proprietor should have the option during the term to be granted. of voiding the lease, in case the
5. That it is the opinion of this tithe-rent be in arrear for three committee, that such leases should calendar months, after notice in only be granted to the proprietors writing demanding the same from of the land.
the lessee, and the rent not paid, 6. That it is the opinion of nor sufficient distress found upon this committee, that in any new the premises. law to be enacted for this pur- 11. That it is the opinion of pose, it would be expedient to this committee, that the tithedefine who should be considered proprietor should not be restrictthe proprietors' of the land, for ed from recovering the tithe-rent the purpose of taking such leases. or composition by due course of
. That it is the opinion of law, in the same manner as he this committee, that the leases to may now recover the value of or such proprietors of lands should composition for tithes, where subbe appurtenant to, and run with tracted. the land in the nature of a real 12. That it is the opinion of covenant; and that the occupier this committee, that a general of under leases now existing shall form of a lease or grant should have the option and the right, be framed ; and that no stamp on a notice within a year after duty should be payable on such the date of ihe lease of the lease or grant, unless the tithetithes, of retaining the tithes du- rent or composition exceed ring the continuance of his lease pounds a year. in the land, on payment to the 13. That it is the opinion of this committee, that the lay-own- to their professed object ; their ers of impropriate tithes, being policy and justice; and their eftenants for life and for years, de- fects upon the habits and morals terminable on a life or lives, or of the lower orders of the comtenants in tail, or tenants in fee, munity. In considering the exsubject to be determined by exe- isting state of the law upon this cutory devise or shifting use, subject, their attention was nahave the like power of leasing turally directed, in the first place, such tithes for any term not ex- to its state in the early periods of ceeding 14 years.
the common law; and in that 14. That it is the opinion of your committee finds concurrent this committee, that a like power and undisturbed authorities for be given to all corporate bodies, contemplating game as the exwhether lay or spiritual, being clusive right of the proprietor of owners of impropriate tithes. the land ratione soli. In a law of
15. That it is the opinion of Canute's (vide 4th · Institutes, this committee, that no lease shall p. 230,) your committee find that be valid to bind the successor, he thus expresses himself : Prereversioner, or remainder-man, terea autem concedo ut in propriis where any other consideration is ipsius prædiis quisque tam in agris given than the annual tithe-rent quam in sylvis excitet agitetque feor composition declared in such rus; and in Blackstone 11. p. 415, lease.
Sit quilibet homo dignus venatione 16. That it is the opinion of sua in sylvä et in agris situ propiis this committee, that the power et in dominio suo.
In the preamof leasing tithes, as it at present ble of the statutes 11th Hen. VII. by law exists, should not be taken c. 17, a parliamentary recogniaway or diminished.
tion of the common law is most June 18, 1816.
distinctly made, and in unequivocal language. It states, that
persons of little substance destroy Report from the Committee on the pheasants and partridges upon Game Laws,
the lordships, manors, lands, and
tenements of divers owner's and The Committee appointed to take possessioners of the same, with
into consideration the Laws re- out license, consent, or agreelating to Game, and to report ment of the same possessioners, their observations and opinion by which the same lose not only thereupon from time to time to their pleasure and disport, that the House, have considered they, their friends, and servants the matters to them referred, should have about hawking, huntand agreed upon the following ing, and taking of the same, but Report:
also they lose the profit and avail Your committee, in investi- that should grow to their housegating ihisimportant subject, pro- hold, &c. ceeded to the consideration of the In the 4th Institutes, p. 304, present existing laws for the pre- it is laid down, that seeing the servation of game; their adequacy wild beasts do belong to the pur