into two parts, with a dedication to the prefent earl of Mansfield, which deferves to be read by every person who efteems the well-being of fociety as a concern of any importance. At the latter end of the next year, Dr. Warburton received the honour fo juftly due to his merit, of being dignified with the mitre and promoted to the vacant See of Gloucefter. He was confecrated on the 20th of January 1760, and on the goth, of the fame month preached before the house of lords. In the next year, he printed "A Rational Account of the Nature and End of the Sacrament of the Lord's Supper." In 1762, he published "The Doctrine of Grace; or the Office and Operations of the Holy Spirit vindicated from the Infults of Infidelity, and the Abuses of Fanaticism," 2 volumes 12mo: and in the fucceeding year drew upon himfelf much illiberal abufe from fome writers of the popular party, on occafion of his complaint in the houfe of lords, on the 15th of Nov. 1763, against Mr. Wilkes for putting his name to certain notes on the infamous "Effay on Woman." Ruff head, in his life of Mr. Pope. He transferred 500l. to lord Mansfield, judge Wilmot, and Mr. Charles Yorke, upon truft, to found a lecture, in the form of a course of sermons, to prove the truth of revealed religion in general, and of the chriftian in particular, from the completion of the prophecies in the Old and New Teftament, which relate to the christian church, efpecially to the apoftacy of Papal Rome. To this foundation we owe the admirable Introductory Lectures of Hurd, and the well-adapted Continuation of Halifax and Bagot.. It is a melancholy reflection, that a life fpent in the conftant purfuit of knowledge frequently terminates in the lofs of those powers, the cultivation and improvement of which are attended to with too ftrict and unabated degree of ardour. This was in fome degree the misfortune of Dr. Warburton. Like Swift and the great duke of Marlbo rough, he gradually funk into a fituation in which it was a fatigue to him to enter into general converfation. There were, however, a few old and valuable friends, in whofe company, even to the laft, his mental faculties were exerted in their wonted force; and at fuch times he would appear chearful for feveral hours, and on the departure of his friends retreat as it were within himself. This melancholy habit was aggravated by the lofs of his only fon, a very promifing young gentleman, who died of a comfumption but a fhort time before the bishop, who himself refigned to fate in the 81ft year of his age. A neat marble monument has been lately erected in the cathedral of Gloucester, with this infcription In 1765, another edition of the fecond Part of The Divine Legation" was pubfifhed, as volumes III. IV. and V. the two parts printed in 1775 being confidered as volumes I, and II. It was this edition which produced the well-known controverfy between him and Dr. Lowth. On this occafion was published "The fecond part of an Epiftolary Correfpondence between the Bishop of Gloucester and the late Profeffor of Oxford, without an Imprimatur, i. e. without a cover to the violated Laws of Honour and Society, 1766." In 1776, he gave a new edition of "The Alliance between Church and State," and a "Sermon preached before the incorporated Society for the Propagation of the Gospel in Foreign Parts; at the Anniversary Meeting in the Parish Church of St. Mary-le bow." The next year produced a third volume of his fermons, dedicated to Lady Mansfield; and with this, and a fingle "Sermon preached at St. Lawrence Jewry, April 30, 1767, before his royal highness Edward duke of York, prefident, and the governors of the London hospital, &c." he closed his literary of labours. His faculties continued unimpaired for fome time after this period; and in 1769, he gave confiderable affiftance to Mr. Ruffhead, NOT E. *See Churchill's Duellift. His lordship gave no other affiftance to Mr. Ruffhead, than a bundle of original letters of Mr. Pope and his correfpondents, with other papers: but no part of the memoirs was written by the bishop. To the Memory of WILLIAM WARBURTON, D. D. Of the most fublime Genius, and exquifite Both which Talents He employed, through a long Life Of what he firmly believed, what he esteemed the beft Establish- THE CHURCH of ENGLAND. Was confecrated BISHOP of Gloucester, Died at his Palace, in this City, And was buried hear this Place. The The Hifiary of the Proceedings and Debates of the forft Seffion of the Houfe of Commons of the fif. teenth Parliament of Great Britain, appointed to be held at Westminster, on Tuesday, October 31, 1780. (Continued from p. 653 of our Mag. for Dec.1782) HOUSE OF COMMON S. Friday June 1, 1781. THE HE Order of the day was read, for going into a committee on the commiffion of accounts bill. Lord North rofe, and moved, that it be an intruction to the committee to infert a claufe, enabling the faid commiffioners to take into confideration the army extraordinaries. Colonel Barre moved as an amendment, that the faid article of confideration fhould be entered ca immediately: on which a long debate enfued, apported by the colonel, Mr. Burke, and others, on one fide; Lord North, the Lord Advocate, and Mr. Boothby, on the other. At length the amendment was negatived, and the original motion agreed to without a divifion. Colonel Barre then rpfe, and moved an inflruction to the committee for leaving out the names of the prefent commiffioners, and inlerting in their Read members of that houfe; he fupported this motion in a very able speech. Lord North opposed the motion, alledging that the business of examining public accounts, though no doubt an object of great importance, and a branch of parliamentary duty, was of too complex and laborious a nature to be undertaken by that house in its aggregate capacity, coniequently it must be done by delegation. Mr. W. Pitt rofe, and made his fecond effay in parliamentary elocution, in reply to his lord. hip. The house received him with all that fileat attention which his former display of abibies, and the recollection of his illuftrious dekent, could not fail to command; a mark of respect was foon repaid by a ftrain of eloquence, the most perfect and perfuafive of any that has been delivered this feffion. He began with remarking, that this was a queftion in which not only the control of the public expenxiture, but the privileges, the duty, and character of that house were involved. He conceived the proposed delegation to be an ablolare furren er of that molt invaluable right with which they were invested by their conttituents, and for a proper exercife of which they were Arialy accountable. He clofed his fpeech with a pathetic exhortaton to Lord North, to give up this point; declaring that, if this motion was rejected, and the vicious fyftem of government thus in every point tenaciously adhered to, the freedom of the people, and the independence of the house must be buried in the fame grave with the power, the spulence, and the glory of the empire. Mr. Pitt having fuifhed, and the murmur of applause which followed his fpeech being fubfided, the queftion was immediately put, and negatived on a divifion. Ayes 42-Noes 98. 7.1 The order of the day, for the third read ing of Lord Beauchamp's Marriage Act, was called for, and, after a long converfation, the quetion for the third reading of it was put, and Hb. Mag. Jar. 1783.. carried in the affirmative without a divifion.It was accordingly read a third time, paffed, and ordered up to the lords. 8.] Pursuant to the order of the day, counfel were called to the bar on behalf of the Eaft India Company, against the bill now depending for fecuring to the public a share of the profits of the faid Company's territorial revenue. The counlel having finished and withdrawn, after a debate, a divifion took place about ten, when there appeared for the fecond reading 129, against it 89. 11. The order of the day for going into a committee on the bill for empowering the treafury to call upon public accountants for the balances in their hands, being read, Lord Mahon moved by way of claufe, that the balance should be paid into the bank inftead of the exchequer. The committee divided upon this motion, which was rejected by a majority of 81; there appearing for it 22; againft it 103. 12 Mr. Fox, purfuant to his notice of last week, called the attention of the houfe to the American war. He began by obferving, that this fubject had undergone a recent difcuffion, upon a motion made by his honourable friend Col. Hartley, in confideration of which he should not now have troubled the house with a propofition built on the fame basis, but that fince that occafion an argument had prefented itself, more unanswerable in its nature, and more efficacious, as he had reafon to hope, with gentlemen on the other fide, than any thing that he or his friends could advance. Their affertions might be questioned, but thofe of Lord Cornwallis, he trufted, would have all the weight which the abilities, experience, and high pro feilional reputation of that general might fairly challenge. He had a paper in his hand, the late gazette, from which, on the authority of Lord Cornwallis, the impracticability of conquering America was plainly deducible. Here he began to read from the gazette, and proceeded to comment on moft of the material paflages therein. After dwelling a confiderable time on the impracticability of conquering America, he wound up his comments on the gazette, by obferving, that though Lord Cornwallis had done every thing he propofed, by penetrating into North Carolina; though he had been fortunate enough to come up with Gen. Green, engaged, and defeated him, he had not found one good confequence of his fuccefs, not being joined by any body of Americans, as he expected, nor even retaining the ground upon which he had con quered. As, therefore, no unforeseen obstacles had prefented themselves, and no il conduct had attended the execution of the plan, it was undeniable that the project was a vain one, fimilar to all the other enterprifes we had formed during the course of the war; for, inimical as the inhabitants of the country were always found, and defended as they were by natural barriers, extenfive conqueft must ever be impradicable; and no abilities of the general, or valour of the troops, could avail to any fubitantial fuccef.This was experienced by General Burgoyne at Bennington; by General Howe at Long Iland; F b; by Lord Cornwallis at Guildford; and fo it ever must be found, while the conflitution of things in America remains the fame. Minifters had already tried the fortune of war in nearly all the Thirteen Provinces; and now, he laid, he would be happy to learn, whether, atter all the Thirteen Colonies had been invaded, without advancing our grand object a single ftep, minifters would at laft content to relinquish this deAructive war? It he could only obtain an affur ance of that, he would readily confent to an attempt on Virginia, and think he made a good bargain for his conftituents. After a variety of other arguments, he moved, "That this Houfe do refolve itle!f into a committee to confider of the American war," and intimated his intention of moving in the committee, should it be appointed, a refolution, "That his majelly's minifters ought immediately to take every poffible measure for concluding peace with our American colonies." Lord Weftcote rofe to anfwer Mr. Fox.He difapproved of the refolution which the hon. gentleman proposed moving in the committee, as tending to destroy the principles of the conftitu tion; for the executive power being lodged en tirely in the monarch, every negotiation for peace, or declaration of war, fhould be directed by the King or his fervants, without the interpofition of parliament: That house had, no doubt, a right to controul the exercife of the prerogative in thefe points; but it was not by tying up the hands of minifters, or directing their conduct by any declaratory refolution; the conftitutional line in that cafe was, to inquire into the conduct of minifters after the exercife of their office, and to punith thern if any delinquency was established, Mr. Pratt, fon to Lord Camden, made his firft effay of parliamentary eloquence, and fupported the motion; as did Sir T. Clarges, who profeffed himself a convert to the fentiments of Mr. Fox, afcribing his having voted in favour of the American war to his hopes of a profperous campaign on the fug geftions of minifters; but faid he was now convinced by Lord Cornwallis's letters, that the war was impolitic and abfurd. Lord John Cavendish vindicated one of his votes refpecting America,, and declared he was always for a free dominiog. If therefore America could not be happy and enjoy the rights of freedom without independence, he certainly fhould be for her being incependent. Lord George Germaine profelled himself an enemy to the motion, only because he thought it would protract the war, inftead of bringing it to a conclufion; if he thought it would produce peace, he would have been proud to do himself the honour of feconding it. The Lord Advocate spoke long and warmly again the motion. The learned lord replied to a great variety of arguments which had fallen from different gentlemen in the courie of the de Mr. Pitt role, and very elegantly explained his father's fentiments, affert.ng, that he was an enemy to the American war, though he was defircus that Great Britain fhould maintain its fovereignty over the Colonies. He stated, that his father had declared his felf adverfe to the idea o exercifing the right of taxation over America, but that he had advised the withdrawing of the t oops from that country. Mr. Pitt, after doing juice to his father, declared his own political creed, and particularly ftated that be was from principle an enemy to that cruel, oppreffive, and ruinous measure, the American war; a war which he declared had, in the courte of debate, repeatedly, with the ftricteft propriety, teen termed an accuried war. After a long debate, the house divided, Ayes 99, Noes 172; Majority 73. 13.] The boufe went into a committee of ways and means, Mr. Orde in the chair; when Lord North moved, that the petition from the Governor and Company of the Bank of England, praying for a renewal of their charter, fhould be read; which being done, his lordship entered into an historical detail of the eftablishment of the Bank and, by long chain of reasoning demonftrated not only the utility, but the ne ceffity of continuing that corporation. After a variety of arguments his lordship concluded by moving, That, towards railing the fupply granted to his majefty, exchequer bills, bearing intereit 3 per cent. per ann. be iffued for 2,000,oco!. to the bank of England, and that the fame be redeemable in three years. Sir George Savile, Mr. Huffey, and Mr. Fox oppoted the motion, as by no means fo favourable to the public as it ought to be. Mr. Jackfon and Mr. Jenkinton argued in fupport of the bargain, which they juftified from precedent and ancient practice. The debate was terminated by a divifion, when there appeared for the motion 109, against it 30; majority 79, 14.] This being the day appointed for going into a committee on the bill for compelling the India Company to pay 634,000l. to the public out of their net profits, the question was put for the Speaker to leave the chair, and no oppofi. tion was expected to it; however, a divifion was called for, and the bill had like to have been loft; for there was a majority of only three.-Ayes 28, Noes 25. The house then went into a committee, and the petition from the Eaft India Company, pray. ing to be heard against the bill, having been read, Mr. Rous and Mr. Erskine were called in as countel for the company: They both pleaded a confiderable time, and maintained, that if the claim of the public to any part of the profits was well founded, ftill the demand of 634,000l. was too much by 232,000l. 2 When the counsel had withdrawn, the quaatum of the demand that ought to be infifted upon by the public, gave rife to a converiation between Lord North, Mr. Robinson, and the Lord Advocate on one fide, and Mr. Huffey on the other. The lal-mentioned gentleman pleaded for the company; at laft a divifion took place, and the question was carried in favour of the preamble, with the fum of 402,0cool. Ayes So, Nuci 45. The The other blanks in the bill were then filled up, and the house adjourned. 15.] The order of the day, for the fecond reading of Mr. Fox's bill for amending the Marriage Aa, being read, Mr. Ambler opposed the bill.--The Marriage Act, he said, was of the utmost utility to the public, inasmuch as it put an end to the in-, famous fcenes that uled to be exhibited in the metropolis, when figns were hung out in the rets, informing the public, that marriages were performed there. The facility of having marriages fo celebrated was productive of confences that made the interference of the legiLaure abfolutely neceffary; for prior to the Marriage Act, the courts of Westminster would not suffer the registers kept by the feet parfons to be produced in court as evidence of marriage, This neceifarily produced confufion in families and property; and nothing but the legislature could remedy it. Previous to the paffing of the Marriage Act, there had been feveral legal obBractions to improper marriages; among others, the parfon who celebrated them without licence or publication of banns, was fubject to a penalty of tool.but as the parfons who officiated on fuch eccafions were already in prifon, the penalty was of no aval; it was therefore found necetary to make it felony in any clergyman to marry any couple, except after a licence obtained, or pub. lication of bands; and this felony was made punihable with transportation. To this penalty was fuperadded a declaration of nullity, in cale the parties bould not conform to the rules laid down in the act; and this was to operate as a preventative. If these penalties were to be removed, then all the ill confequences that the law was made to prevent would enfue. Sir G. Yonge and Gen. Burgoyne, on the other fide, warmly supported the bill, condemn ing the act it went to amend, or rather to repeal, as a grofs oppreffion on the lower orders of the community, contrived by ariftocratic pride and avarice, for their own unnatural views. They allo reprobated that act on the ground of policy, * tending to prevent population, and encourage depravity of morals. Mr. Courtney fupported the bill with fome ladicrous ftrokes of irony, pointing out many confequences likely to refult from a repeal of the Marriage Act, which, he faid, would be extremely pernicious; particularly the poor rates would be increased by the growth of population, bile children would be feen lying about on the deng-hills, as they did in Ireland, like blanched 1-mands in a tanfy pudding.Many jants to Scotland would alfo be prevented, by which the duty on poft horfes would be diminished, and the revesue of courie luffer; befides that, many people would lofe the advantage of feeing a country which but for matrimonial bulinefs they Bever would vifit. He begged the houfe would particularly confer a few beneficial effects resulting from the law now in being, which would inevitably be kit by its repeal. In the first place he oblerved, that as people now come together without pal fam, they expect no happiness in marriage, and #farle are never difappointed. That a great dual of love is often generated by tying two in different objects together; as two flicks, be they ever fo cold, will take fire by rubbing them conftantly upon each other. Another g·dconfequence war, that by this law noble blood was kept uncontaminated by a perpetual chain of intermarriages in the fame family; now, as the nobler virtues are all hereditary, as well as the bodily qualities, the benefit derived from this was aftonishing. Some noble families, who had long preferved this valuable pre-eminence, might even be known by their faces to be of an illustri ous race, juft the fame as, to the eye of a skilful physiognomist, the twelve tribes of Ifrael had each tome characteristic in the countenance. He begged the houfe would alfo recollect, that the prelent plan was very favourable to divorces, and thele were highly beneficial to the public; for, as the parties frequently married again, two matches were cut out of one. But a confideration as material as any was this, that farmers daughters in the country wanting to marry, frequently at the age of feventeen or thereabouts, and the father very often refufing his confent, they generally in that cafe take their sweethearts without troubling the church, and truit to a promife for future fidelity. Now the girl being got with child, the young fellow very often grows tired of her; the of course is di'grazed, comes up to town, gets rid of her burthen, and becomes a valuable acquifition to the public. He begged the house would refled then, by what means the town could be fupplied with women, if this bill should be passed? For, in that cafe, the young country fools would, no dubt, marry, live happy, and burthen the public with a great increase of inhabitants. He particularly urged the propriety of thus confidering the intereft of the ftews, because they were formerly a public eftablifhment, and under the inspection of the archbishop of Canterbury. He faid, that as clergymen were, under the prefent act, liable to tranfportation for folemnizing marriages informally, which mode of punishment was now altered to digging gravel on the Thames, we might always be fecure of having two or three chaplains for the convicts, without the expence of establishing a chapel; by that advantage the miniter would have lets difficulty in his ways and means, befides being releated from all the sbufe he had received this feffion, for propofing fuch a burthen on the public. Mr. Yorke offered a few words in defence of the Act in queftion, and the object of introducing it, and concluded by faying, that the honourable gentleman's (peech (Mr. Courtney's) was well adapted for a school of eloquence, but not proper for the attention of parliament. Mr. Fox, in a most eloquent speech, fupported his bill. He painted the Marriage Act in the moft odious colours, as a direct violation of the laws of God and Nature; as an act of defpotilm to which the powers of parliament could not contritutionally extend; as a fource of private depopulation and vice; inefficacious as to the felfith, contracted benefit meant to be derived from it, but ruinous to the happiness of thote who were the strength of every country, and whom every legislature should protect, the lower orders of the community. It was founded on the moft fordid mistaken principles of a few noble Fa famil.es, families, who, to gratify their avarice, pride, or ambition, formed rettrictions opp effive to the people. They had been difappointed; for whoever could pay the expence of a poft-chaife to Scotland laughed at the provifions of the Marriage A, while the poor, unable to avail themf:lves of that evafion, were either inhumanly coffed in their inclinations, or plunged into the abyfs of vice. He reprobated the idea of establishing an unnatural authority in the parent, because his reafon and experience were greater than those he was to govern; for this was the univerfal plea of defpotifm, public as well as private; thus was every fyftem of tyranny defended, by urging that it was better for the ignorant to be governed by the wile, than admit them to govern themselves; but the pofition was falfe and abfurd! The most unexperienced and illiterate were more competeat to know what conftituted their own happinefs, than any other mortal could poffibly be; and where the paffions were concerned, the heart of Youth was wife than the hoary head of Age. Here he met pathetically defcribed the different fituations of youth, checked in the wishes of their hearts, and indulging them contrary to prudence. la the latter cafe, he thewed marriage to be the Tource of indufry, and the filt error very frequently retrieved: in the former, he very naturally traced paflion turning backwards into channels or vice; every finer feeling of the heart eradicated; and intemperance, the refuge of a disappointed lover, leading into the laft ftage of depravity. He quoted a very beautiful paffage from Swift's maxims, which turned upon this principle, that there are two paffions in the human heart, defigned by Nature to be stronger than reafon, viz. the love of life, and the mutual defire fubfifting between the fexesThat thefe fhould not be circumfcribed by prudence, he contended, was abfolutely neceffary for the prefervation of our fpecies; confequently to rettrain them by human laws was counteracting and repealing the laws of Heaven itself. Population never proceeded from reafon, but from paftion: for was a computa tion to be always made by prudence, of the profit and lofs redounding from marriage, as the. rule of our choice, few marriages would ever be made; but it was the triumph of paflion to lubdue every prudential feeling, and in confequence we often find the wifeft men, in the affair of marriage, fet reafon out of the queftion. He then divided his objections against this at into two parts; one relative to the age limited therein as years of difcretion, which he thought far too late in life; and the other, refpecting the penalty annexed to informal marriages, that of declaring them null; a principle against which. he principally contended, as the moft inhuman that had ever been conceived. After a variety of cogent arguments, urged with great earneftnefs, he concluded by declaring, that, if foiled in this attempt, he would, nevertheless, embrace every occafion of combating an act to which he was a most inflexible enemy, confidering it as unspeakably pernicious and graceful to this country. Lord Nugent then offered a few words on the fame fide, fhewing himfelf as warm an enemy Irif Parliamentary Intelligence. (Continued from page 656 of our Magazine for Dec. 1782.) HOUSE OF COMMONS. TH HE houfe received the report of the com. mittee of ways and means. When the relution granting the duty on fugar was read, a debate arofe, in which Mr. Flood, Mr. Fofter, and Mr. Holmes took a part. After which the queibion was put, and carried without a negative. The Speaker then proceeded to put the fe veral other refolutions contained in the committee's report; when he came to that which grants an additional duty of two thillings per barrel on all foreign herrings imported, M. Longfield, reprefentative for Cork, oppofed it, and was anfwered by. Colonel Cunninghame, and Mr. Fofter, when the queflion on the new duty of two fhillings on each barrel of foreign herrings was put and carried. 26.] The order of the day was called for, and read, for receiving the report of the committee of ways and means. Mr. Foller reported from the committee of ways and means before the final report was agreed to. Mr. Fitzgibbon reported heads of the bill for regulating the trials of contested elections. A debate enfued on reading the report, and a motion made to recommit the bill, which was agreed to on a divifion. Ayes, Noes, 31 26 27.] Mr. O'Hara moved for the order of the day, to take into confideration heads of a bill for afcertaining the qualifications of members to ferve in parliament, The quellion was put and carried, "that the confideration of thofe heads of a bill be deferred 'till the fecond Monday after the Christmas recels." 28.] The houfe met, and two money bills and a private bill were reported, and ordered up to the lord lieutenant. a The house adjourned at a quarter past three. 29.] There was a confiderable debate on motion of Mr. Flood, relative to the Mutinybill. December 5.] The house having gone through fome ordinary bufinefs, Mr. Yelverton arofe and faid-I had determined this day to bring on a motion which I think it my indifpenfable duty, at a proper time, to purfue; a motion of which I will never lofe fight, until a mode of legiflation, utterly repugnant to the British conftitution, fhall be done away; but the melancholy |