nizances of 501. each, for their good passed. Nothing should deprive the subbehaviour for five years, which was ject of his liberty without a remedy except accordingly done.

the law. No power should exist without a check, except the whole parliament.

The constitution was itself a system of At the quarter Sessions for the checks: the different branches of the county of Berks, of which Lord Rad- legislature were checks on each other, nor was chairman, held at Reading so that in passing a law, all the different in January last, Mr. W. Kent, of interests in the commonwealth were Childrey, in that county, who had consulted. The power of the whole par

liament should alone be uncontrouled. It been convicted in the penalty of 201.

was utterly inconsistent with the princifor teaching and praying, appealed

ples of the constitution that such a power against such conviction, and had should be suffered to remain in an indihis trial by jury, who found him vidual or separate body like the house guilty, although he, with others of of Commons. It was very material that the congregation, only engaged in it should be ascertained what the law of extempore prayer on their knees, and !

cluded this point by again reminding in singing of hyms, on the Sunday

way their lordships that this, though it might evening. Mr. Kent, in the last be a libel, was not a breach of privilege, term, applied for and obtained a if it were not a libel on the House of certiorari to remove the proceedings Conmons. into the King's Bench, and on Wed. Mr. Holroyd had sat down, when the nesday the 15th. the conviction. Attorney General reminded him that he with the judgment of the sessions,

had omitted to enter on the subject of

the breaking of the door. was quashed by the Judges in West

Mr. Holroyd continued.--He submitminster Hall. In consequence of

ted to their lordships, that every man's which Mr. Kent is entitled to be house being his castle, the law will give repaid the 201. which has been le- no privilege to break the outer door, exvied by distress and sale of his cept where the King is a parly. This horse.

appears from the 13th of Edward IV.

Lord Ellenborough believed it was the


Mr. Holroyd said, he rather supposed OF THE HOUSE OF CUMMONS.

it to be the 13th, page 9---where, in the case of felony, the house could not hold

hion, but should in the case of debt or The Demurrer to this action has trespass--Semayne, Coke 91 and 92; at length been argued. During last

and the keys must first be demanded term, Mr. Holroyd argued against it

when the King is a party. It is for the

common welfare that felons should be in the court of King's Bench. After

apprehended; but he submitted, that going over various legal points and the door can only be broken open for a precedents, he concluded as followscrime. Lord Coke, 4th Inst. 176, seenis

But Sir F. Burdett had only adınitted to have held, that in a felony, the door the printing, and the warrant said, that could not be broken open till the party therefore he had been guilty of a breach was indicted. He did not mean to state of privilege, without going farther. This that the law was so now; but formerly he submitted was not sufficient. He it was not upon surmise of a crime that begged leave farther to add, that if there a door could be broken open, but only was no remedy for persons imprisoned upon an indictinent when a charge was in this manner---jf any body of men found against a party by the grand jury. in the kingdom could thus commit for It appears, however, that a door can contempt at their discretion, without be- only be broken open for felony, and ing liable to an action for false imprisone that in a case of trespass, &c. the King's ment, the country would be placed in writ cannot break open the door. The the situation in which it stood with re- exception therefore only applies to spect to commitment by the King's coun- crimes, and so far protection does not cit before the Bill of Rights had been extend. But the present case is very different. It is not like the case of a the matter of Habeas Corpus, the judges, person who has committed a crime una voce, all said, that they would not against the law of the land. The house interfere with the rights of the house of of Commons cannot take cognizance of Commous: for in fact they had no jua libel; they can merely decide, upon a risdiction over the house of Commons in breach of privilege. Therefore in order matters appertaining to its rights and to warrant the breaking open of a door privileges; of these the members themthere must be an offence against the selves, in their aggregate capacity, were kingdom at large, and not against any the only judges. From this part of the particular body--for no mischief can case the Attorney General proceeded to come to any particular body in the one that part of it which related to the execase; but it concerns the whole king- cution of the warrant, namely, the doin that in the other case the offender breaking open the oute: door of the should be brought to justice. He would plaintiff's dwelling, and entering with state it as a very extraordinary circum- soldiers, taking him into custody, and stance indeed, if a party was not cnti- subsequently lodging him in the Tower; tled to this privilege, that no case has all wbich be inaintained were done in ever yet occurred of a door being broken strict conformity to law. The plaintiff open in any case except for felony. had been, by the house of Commons,

Here Mr. Holroyd concluded, and at (having coinpetent jurisdiction) adjudged the suggestion of Lord Ellenborough, guilty of a breach of their privileges, bad the Attorney-General agreed, on ac- brought himself into a contempl, and count of the lateness of the bour, to the warrant issued was for that conpostpone his answer to a future day.' tempt, which was of a criminal, not of

On Friday, May 17th, the argument a civil nature. The party was the peowas renewed.

ple against the individual, and, as it The Atiorney General this day was were, the King, for he is acting for the heard on the other side, in support of people; that contempt becomes a breach the defendant's plea above mentioned. of the peace, and therefore of a criminal He contended, that the very statement nature; and consequently the officer exof the plaintiff's own case put him out ecuting it has the power of breaking of court. It is an action of trespass open an outer door, when refused peaceagainst the defendant, for having issued able entry. - The learned gentleman his warrant by an order of the house of concluded a speech of nearly four hours Commons to the serjeant at arms, to with stating, that he hoped he had contake the plaintiff into custody, and to vinced their lordships of the illegality of convey him to the Tower, and to com- this action. unit him to the custody of the lieutenant Mr. Holroyd briefly replied to the sethere; and this upon a resolution of that veral observations made by the Attorney house having conpetent jurisdiction to General, still maintaining the principles do such acts. He asked what lawyer, which he had originally supported for what man, who had ever heard of the the plaintiff. law and the constitution of this realın, Lord Ellenborough stated his opinion ever doubled that the house of Com- to be in favour of the arguments of the mons had the jurisdiction, and having Attorney General. His lordship thought the same, had a right to exercise it. If that upon every principle of reason, INthen the house of Commons bad the ju- dependent of precedents and former risdiction, and had the right to exercise rules, that the house of Commons ought ji, would any lawyer say, that an action to be possessed of the privilege of carrywould lie against its officers for obeymg ing their authority into effect. In vain its command, in exercising that jurisdic- would they have authority, if they had tion and authority? The house of Com- not the means of commanding the remons has a right to stand at least upon spect and obedience of that equal fouting with other courts of ju- The privileges claimed by parliament dicature. Other courts have the power were not, as many had supposed, of leto commit in cases of contempt, and so cent date. From the 43d of Henry III. should the house of Commons; and it is they had possessed those privileges ununwise to suppose they will abuse their impaired. At that period, when the power, because that may be als objec- Commons were made a separate house tion to every jurisdiction under the sun. from the Lords, they carried with them In the case of the King and Murray, in the privileges they enjoyed when united

with the aggregate high court of parlia- Mr. Justice Grose proceeded to ment. Having exercised that right in the pronounce the sentence of the court case of Sir F. Burdett, and determined upon the subject matter of the offence

on the defendant in this case. He imputed to him, no inferior court could

was brought up to receive the judgtake cognizance of that determination. ment of the court for a libel, as In every view he took of the case, he had plain and clear as could well be no hesitation in conscientiously decla- imagined; going, as it did, to iinring, that this action could not be mam- pute to the military system of the tained in any court of inferior jurisdiction. country, improper and cruel me.

In this sentiment he was joined by thods of munishment, thereby to exMr.Justice Grose and Mr. Justice Bailey. Judgment for the defendant.-There

: cite disaffection and disgust among is, therefore an end to this action.

those already engaged in the service

of the army, and such a horror of MR. DRAKARD's senteNCE IN THE its barbarity, as would prevent ou COURT OF KING's Bench.

thers from embarking in it. The The Attorney-General moved the court had heard and read his af. judgment of the court, on May 9, ndavit with surprise, seeing that on John Drakard for a libel.

in it the defendant professed to hold The defendant having appeared at in admiration, the British constituthe bar, Mr. Justice Builey, read tion, and to regard it as affording the notes of the case, which was blessings which no other nation entried under a criminal information joyed. Such sentiments seemed utfiled by the Attorney-General, be- terly inconsistent with the tenor of fore Mr. Baron Wood and a Lin- the libel in question. The defencolnshire special jury, when the de- dant seemed to think that the fact fendant was found guilty. Our rea- of his having in other parts of his ders are already acquainted with the publication, held up the ruler of nature of the publication, which France to execration and horror, was an article of considerable length should operate as an excuse for him inserted in the Stamford News, of on the present occasion. The court which the defendant is printer, pub. could not allow, however, that it lisher, and sole proprietor, on the should serve as a mitigation of a lisubject of corporal punishments in bel against any part of the governthe army, and for cupying of which ment of this country, that the au. article, with the exception of a few thor of it had libelled the enemy paragraphs, into the Sunday paper also ! In the circumstances of the called the Examiner, Mr. Hunt, the case the sentence of the court was, printer and proprietor of that paper, that the defendant do pay a fine of was also tried by criminal inforina- 2001. to the, King, be imprisoned in tion, at the sittings after last term, the castle of Lincoln for 18 months, in Middlesex, before Lord Ellenbo- and at the expiry of that period, do rough and a special jury, and found enter into recognizances to keep the NOT GUILTY.

peace for three years, himself in An affidavit of the defendant's was 400l. and two sureties in 2001. each, read by his counsel, Mr. Brougham, and be afterwards imprisoned till in which he proved by various re- such fine be paid and sureties found. ferences to his paper his hostility to the French government, and his LANCASTERIAN MEETING. constitutional principles : The At. A numerous and highly respectorney-General replied, when Lord table meeting of the friends to the Ellenborough ordered the defendaut royal Lancasterian system for the to be committed to the King's Bench, education of the poor, was held on and brought up for judgment on the Saturday the 11th inst. at the Free24th.

masons' Tavern, at which were present the Dukes of Kent, Sussex, and report, which we understand is soon Bedford; the Marquis of Lansdowne, to be printed, could not fail to be Lord Keith, Sir S. Romilly, and se gratifying to every person who heard veral other distinguished individuals. it; and it was more particularly in

The Duke of Bedford stated from teresting from the vein of enthusiasm the chair, the object of the meeting. which run through it. Mr. LancasIt was for the purpose of receiving ter stated that a very considerable an account of the state of the insti- damp had been thrown on the untution, ard taking such measures dertaking from a malicious report as might tend the most effectually which had been circulated in a very to promote its extension. It was confident manuer, that his Majesty needless, he said, to dwell on the had withdrawn his patronage from it. merits of the system, or to observe Here the Duke of Kent rose up, that tbe education of the poor bad and observed that there could not an uniform tendency to bring about be the smallest ground for this reá proper subordination, and a well port; that in the present unforturegulated morality; that it was to nate state of his Majesty no person be considered as the chief sonrce of could take upon him to state this a nation's strength; and that where as from command; but he would it was neglected, we could only ex- venture to say, that up to the compect misery and poverty throughout mencement of the illness nothing the main body of a nation. The had escaped his Majesty which had present was no party question-all the least tendency to warrant such ranks were interested in it, from the a report; and he would venture to monarch on the throne to the mean. say, that he was convinced that so est individiual of the community. long as Joseph Lancaster went on There could be no greater proof of in his present course, abstaining the sincere desire of his Majesty for from all party subjects, his Majesty the good of his people, than the would never withdraw from him his manner in which he had patronized countenance. Joseph Lancaster; and the wish ex. A report of the proceedings of the pressed by his Majesty ought ever trustees of the institution was also to be gratefully remembered, “ that read, in which it was stated, that " he hoped to see the day, when in 1810, Mr. Lancaster had travel. " there would not be a child in his led no less than 3,775 miles; that “ dominions that could not read the 50 new schools had been founded, “ bible."

in which 14 or 15,000 children were The Duke of Kent then rose, and taught; that means had been taken stated the satisfaction which had for carrying the invention to Africa; been experienced that morning, in that it had been introduced with examining the free school in the Bo. success into various parts of North rough Road. He also stated the America; and that there was every success with which the Lancasterian reason to believe that it would be system had been introduced into the introdueed into South America. The regiment of royals; and the proba. trustees stated the great increase of bility that it would be soon diffused their advances over their receipts, throughout the army.

amounting to no less than 3000l. · Mr. Lancaster read a report of his which sufficiently accounted for the progress in the invention of his sys- embarrassment felt by Mr. Lancas. tem, the difficulties which he had ter, before the financial part of the to encounter, and the extension to undertaking was taken off his hands. which it had been carried in Eng. --One fact deserves to be mentioned, land, Scotland, and Ireland. This for the credit it reflects on an hum

ble individual, whose name ought port which they had from the bes to be recorded: A baker, to whom ginning bestowed on Mr. Lancaster. a considerable sum had long been The dinner of the friends to the owing, instead of expressing impa. Lancasterian system of education tience for his money, said he consi. held on Friday the 17th. was most dered Mr. Lancaster as having done respectably attended, at the Free. so much good, that if he had only masons' Tavern, his royal highness a single loaf left he would give hirn the Duke of Ként in the chair, supthe half of it.

ported by his royal brother the Duke Mr. Adam communicated to the of Sussex, his Grace the Duke of meeting the wish of the Prince Re. Bedford, Lord Keith, and a numgent to promote the object of the ber of other persons of high distincsystem ; that his royal highness tion. Immediately on the removal would be highly gratified in receiv. of the cloth, the Duke of Kent rose ing, from time to time, an account and said, that as many of the socieof its progress : and that he had ty of friends were present, whose been authoriszed to state, that from customs were different from those of henceforth his subscription would the great body of the meeting, he be doubled.Mr. Adam also stated, trusted they would be permitted to that he had a farther communica- act in conformity with their own tion from the Prince Regent, which principles, as they never interfered he would bring forward at the din- with the principles of others. The ner on Friday next.

Prince Regent, by his Chancellor, On the motion of the Marquis of Mr. Adam, directed a subscription Lansdowne, Mr. Adam was reques. to be given of 200 guineas towards ted to communicate to the Prince building a school, 100 guineas a Regent the high sense which they year to the maintenance of the inentertained of his countenance and stitution, 100 guineas towards the support; and the Duke of Kent and discharge of the loan, and 30 gui. the other members of the royal fa- neas for 30 copies of the book of the mily received also the thanks of the plan to be published for the benefit meeting.

of the founder's infant daughter. The Duke of Kent moved a reso- This most liberal subscription on the lution declaring Joseph Lancaster part of the Prince Regent, was folthe benefactor of the nation, and that lowed by those of their royal highhe merited the approbation and sup. nesses the Dukes of Kent and Susport of the empire at large.

sex, the Duke of Bedford, and others, Mr. Lancaster, in thanking the and amounted in all, befor the Duke meeting, said that whatever good he of Kent left the chair, to 1,3501.-had been enabled to do was owing It was afterwards increased to 2,2001. to his father, who had supported when the chair was taken by the him from his small income when he Duke of Sussex, who is to preside was carrying through his plans. He at the next anniversary meeting. Mr. said he would never rest while he Lancaster expressed himself grateful had strength remaining, till the for the patronage he had received, youth of the kingdom were educated. which far exceeded his expectations.

A number of resolutions were successively adopted, expressive of CALCULATIONS RESPECTING DOLthe various advantages of the system

LARS AND PAPER. and the meeting closed with an The circulating medium being at expression of their thanks to the this time very much the subject of Duke of Bedford and Lord Somer- speculation, the following facts and ville, for the countenance and sup- calculations are submitted to our

« VorigeDoorgaan »