THREE:Next came the enactments regarding fasting. By 5 Elizabeth every person who ate flesh on a fish day was liable to a penalty of three pounds; and, in case of non-payment, to three months' imprisonment. It was added that this eating of fish was not from any superstitious notion, but to encourage the fisheries; but by the 2 and 3 Edward VI. the power of inflicting these fish and flesh penalties was invested in the two Archbishops, as though the offence of eating flesh on fish days was an ecclesiastical offence. Lord Stanhope showed that the powers and penalties of excommunication were still in full force; that whoever was excommunicated had no legal power of recovering any debt, or payment for anything that he might sell; that excommunication and its penalties were made valid by the 5 Elizabeth and the 29 Charles II.; that by the 30 Charles II. every peer, or member of the House of Peers, peer of Scotland, or Ireland, or member of the House of Commons, who should go to Court without having made the declaration against transubstantiation, and the invocation of saints therein contained, should be disabled from holding any office, civil or military, from making a proxy in the House of Lords, or from sueing or using any action in law or equity; from being guardian, trustee, or administrator of any will; and should be deemed "a Popish recusant convict." His Lordship observed that probably the whole Protestant bench of bishops were at that moment in this predicament, and that he had a right to clear the House of them, and proceed with his Bill in their absence. He next quoted the 1st of James I., which decreed that any woman, or any person whatever under twenty-one years of age, except sailors, ship-boys, or apprentices, or factors of merchants, who should go over sea without a licence from the king, or six of his Privy Council, should forfeit all his or her goods, lands, and moneys whatever; and whoever should send such person without such licence should forfeit one hundred pounds; and every officer of a port, and every shipowner, master of a ship, and all his mariners who should allow such person to go, or should take him or her, should forfeit everything they possessed, one half to the king, and the other half to the person sueing.The enemy, meanwhile, were on the alert, trying, by their fleets and armies, to assail us in almost every quarter. In the very opening days of the yearat the very commencement of January, 1781the French made an attack on the island of Jersey. They had sent across the Channel a fleet carrying nearly two thousand men; but their ships met the common fortune that has ever attended invaders of Britain: they were scattered by tempests, many of them dashed on the rocks of those iron-bound shores, and some driven back to port. They managed, however, to land eight hundred men by night, and surprised the town of St. Helier's, taking prisoner its Lieutenant-Governor, Major Corbet, who thereupon thinking all lost, agreed to capitulate. But the next officer in command, Major Pierson, a young man of only twenty-five, refused to comply with so pusillanimous an order. He rallied the troops and encouraged the inhabitants, who fired on the French from their windows. The invaders, surrounded in the market-place, were compelled to surrender, after their commander, the Baron de Rullecourt, and many of his soldiers, were killed.[279] The gallant young Pierson was himself killed by nearly the last shot.
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THREE:The greater part of the House, as well as the public out of doors, were captivated with the scheme, which promised thus easily to relieve them of the monster debt; but Sir Grey Cooper was the first to disturb these fairy fancies. He declared that the whole was based on a fallacious statement; that it was doubtful whether the actual surplus was as described; but even were it so, that it was but the surplus of a particular year, and that it was like the proprietor of a hop-ground endeavouring to borrow money on the guarantee of its proceeds in a particularly favourable year. Fox, Burke, and Sheridan followed in the same strain. They argued that, supposing the assumed surplus actually to exist, which they doubted, it would immediately vanish in case of war, and a fresh mass of debt be laid on.[315] Sheridan said, the only mode of paying off a million a year would be to make a loan of a million a year, for the Minister reminded him of the person in the comedy who said, "If you won't lend me the money, how can I pay you?" On the 14th of May he moved a string of fourteen resolutions unfavourable to the report of the Committee, which he said contained facts which could not be negatived; but the House did negative them all without a division, and on the 15th of May passed the Bill. In the Lords it met with some proposals from Earl Stanhope, which were to render the violation of the Act equivalent to an act of bankruptcy, but these were negatived, and the Bill was passed there on the 26th. It was not until 1828 that the fallacy on which the Bill rested was finally exposed by Lord Grenville, who, curiously enough, had been chairman of the Committee which recommended its adoption.
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ONE:In the meantime, the Catholic Association was pursuing its work with increasing vigour and determination. It resolved thenceforth to support no candidate who should not pledge himself to oppose every Government that did not make Emancipation a Cabinet measure. Provincial meetings were held in Clonmel, Kilkenny, and Mullingar; the chair at the last place being occupied by the Marquis of Westmeath. Between the two extreme parties there were many moderate men, of high social position, anxious for something like a compromise. Some of these were in confidential communication with Lord Anglesey's Government, and it was thought desirable to establish a Liberal platform, with a view to moderating the violence of Catholics and Brunswickers.
