Star. — London, England, 1806-06-20 00:00:00

This day was publifbed, in one large Volume, ens. dlullrated with Views drawn and en graved by Laporte, and a Map of the Country, price al. au. 6d. Iv boards, g 'HE SCENERY. ANTIQUITIES, and BIO GRAPHY of SOU'l H WALES, from Materials colleted during two Excurflons in the year allot. B p NJ AMIN HEATH MALKIN, Efq. M.A. F.A.S. •,.• A iew Copies may be bad with the Views finely coloured Laporte. price 41.4 s in boards Printtel f, , r Longman. Hoeft • Rees. and Orme, Patemoder row. Of whom may be had, by the fame Author, A F ' m tidal's of his Cat ID. in Royal Odtavo, iEaf trated with Plates. price ICA 6d in boirds. PRUSSIA Bea cur, Mar 2g.—Another letter has arrived from Greif. wald for our Monarch from his Majelly the King of Sweden. The Cabinet Minifter Count Haug. i• a, in contcquence of this letter, fet off yelletday to Chat lottenbourg to his Majefty. In this letter, which the King of Sweden fent by an Adjutant, he demands a ca•egorical anfwer to the quellion—.. Whether we would evacuate Lauenburg or not ?" The Adjutant has already carried the anfwer to the Swedilh head quarters. Immediately after his departure, orders were allied for (*lateen battalions, and the battalion of Rustrva Htiffa , s, to hold themlelves in readinefs to march. This corps is to be commanded by *Prince Louis Ferdinand We fill exile& another c. utier here ; if the anfwer he brings be not falisfaanty, the whole corps will put it fell in motion towards Willock. MAY 37.—1 n confequence of the arrival of the courier fent from Pafewalk by Lieutenant General Count Kalkreuth, the Minillers of Ruffin, Denmark, and Mecklenburgh, had a conference with Count H.agwitz. The blockade of the ports of Memel, Dantzic, and Pi 11.% by the Swedes. is 101168, that they have even 1,, hidden Darith and Ruffian wads from entering and leaving thole pmts. !!ALP. •••••• NAPLII. May 23 —The (mall Mind of Capri has been taken by the EnglA, but not without great re finance from the fmall number of French, who re ceived the hroadlides of four Englilh thips of the Th , ugh without a tingle piece of artillery, they defended themfelves to the lafl with their muf kets, and made an honourable furrender to 1500 of the enemy who had landed. The whole of the fmall vanillin returned to Naples, according to the capi tirlation, except the Commandant, knd a few men, who were killed in the attack. The Eng Lib ap proached Ilehia wnd Procida, in fight of this city, a lecond time ; but as thefe fmall glands are well de. fended. they immediately drew off, for fear of being dellroyed by the batteries. MAY 34.—The late Q . 2 . teen of Naples has caufed all the galley naves to be liberated, and formed a regiment out. of their blely, commanded by Pane di Grano. Some of them have been thrown upon the continent of Calabria ; and iso of thefe wretches have been studied at Cotrona, too at Reggio, and 69 at Salerno ; and iiallrunions have been found in their pockets, authorizing them to pillage, burn, and affsflirate. Our new Mnnarch, who is only known by a&s of benevolence, hat iffued a decree, which reflores all perfons to their liberty who have been arrefled for crimes againtl the State only. The military corn. miffi , ms here, at Lircet a, and Salerno, are fuppreffed. PARLIAMEATART PRuCEEDINGS. HOUSE OF LORDS, THURSDAY, JUNE 19. M lICEL LAN EOl7l. Cnnnfel and evidence were heard no the queflion of the fecund readivg of ,he Bill to cliff..lve the mar riage of Si: J lin Cord-in, B.rt. with Pyne Ctolby, bib now wife, and to enable him to marry again, &c. The outline of the cafe appeared to be as fol. lows : 'Elie Pe itioner, Sit J ihn Gordon, Bart. was mar tied to Mil: Pyne Cruiby, on the gth of January, 1798; they lived and cohabited together as man and wife, u itil Match when it was dircovered that an adulterous intercom fe had taken place between the Lady and the Hon. H. Brand i that in conic quence, the Petitioner commenced an ration in the Coin of King's Bens.h, againfl Mr. Brand, and oll taed a verdict for pool. damages, with rolls That afterwards, a fentence of divorce, a menfa cf :born, was pronounced in the Petitioner's favour. The neceriary rads of the marriage, adultery of the Lady, acc. were proved to the fatisfadion of their Lurdflaips. The Earl of Mountnorris appeared as a collateral Witnefs with retpea to the marriage: as a Peer of the Realm, his Lordtliip was accommodated with a Gat within the Dm, near the Table. The ciicurottance of the adultery was chiefly pr , ved by a young woman, who had been Servant to Lady Gord n—wi, r , in Short, depofed the had ken the pat ties in bed together. Airr 3 few remit ke from the LORD CHAN CELLOR. in wlich he teemed to eaprefe his opinion a • to the ittilicirecy of the evidence, the Counfel and efidence were directed to withdraw, the Bill was read a tee , nd time, and committed for tomorrow. I all Mann ers (talc Vircount Newark) was kttredsred with the iccui.omcd romantic., (worn. sad took hisfese Hie Leirdiales ft.yr.rters were tbc Farts of Ilarthricke and Liwklt. TRIOS. P,ti•inn. were retarded by the Earl of Weltmordand from eel t.i• kloehants at.d Planters In the Mend of jeinaka ; and from p rho. Is terefttd in the Slave Trade, ptaying their Lord. r o .r het to area to the refutation voted and communicated by the Id..ufe of eOII.IIM , n., n finding the Abolition of the African §1,,,c Jr" di, winah were ordered to Ile en the Table. The Feel of WESTIN , llt I.AND teeing the Noble Lord at the gles of the Treafury in kis place, took the opportunity to 'remelt die Noble lord to pedtpone the Intended difestrinn en the eerily tiou a nircunicated by the Hoek of Commons. which nnw flood mr to marrow, to a future 4a7 : on the grounds, principally, as we ensild hear, of the ahrence. (nen indifpofition, o• an illuftrious puke. who waked to drli r his fentlnsent• upon the futded. Lord GRF NV II .LE expreired his regret at the abfencc of the slluflaiini• panellise alluded to, from fuck a auk. He wiped to ave the Aleum n brought forward as catty as was predicable; Ofeaufe, tat his own k nuwk.lge, there were many Peen who re ined in inwn (nl.ly for the purpote of encoding a difeuf6on of fuel. Intranet:cc; the bienitvenlence oI farther pottpre,ing ft. mutt I.lc-relore be evident However, on the emend o‘lverred en by the I , lable Earl and men ly ore that, he lbnuld agree to poftrene th, did. r until Tnefday n• at; with an underflaotllng, that Olt that ilay Ole difo,flion venukl be brought forward. Aft. ra w word. in explanation. Imo' the Farl of WEST the order for taking the above fulled Into erinfl am in morecire. war difcharged ; and renewed for Tuefday ; for which day the Leeds werh ordered to be fummoried. TUB NM MR. JUSTICE POT. Lord GRENVILLE moved the Order of the day for taking into confideration the Petition of the Hon. Mr. Junice Fox. The Petition was read by the Clcrk of Parliament, as follows : To Chellgl;tFlonmirahle the LORDS SPIRITUAL 20d TIIIPORAL of the United Kingdom of Great Britain and Ireland iu Parlia ment affembled. The PETITION of th^ lion. LUKE FOX. . _ One of the Juttices of bas Maj.-ov'. Court of Common Pleas In Ireland: Humbly Sheweth, " That the Petitiower, In the rummer of the year an went, as one of the Judges of Mize, upon the North Well Circuit in Ireland. where he difcbarg'd the duties of his oilier, to the heft of his judgment, according to law, and the folerun obligation of his rash, by which he was bound to do Juftice indifferently, without relpeet of perfons. ' o That u long after the conclufion of that Cirealt as the lift of May. Igoe, a Petition wet prcfcntedro your Lordihips by John Harr, Efq.eoit.plaiiiing of certain parts of the Pethioner's enrolud in his fituatioa of Judge, at the Allister held et Lifford o- the raid Circuit ; and in the month of July, tßae, two other Petltione. up. parendy influenced by the rumple of the fald John Hart. were prefeated to your Lordetips; one in th.; name of William Arm. ftrong. - and others; and the other in the name of Gerrard Irvine, Efq further complaining of your Petitioner's condudt at Innifitil kn on the raid Circuit. . . . . " Your Petitioner begs leave to Inform your lordihips, that he reed , ed no previous Mime, from any perfon,that It was intended to make his judicial colleted the fubjedt of public complaint; and he was firft apprifed of the tame by the common iiewfpapers, hawk., been at the time occupied by the duties of his office in Dub lin; bot anxious to refeue his charadter front eny imputation, and deeply fernible of the public injury which mutt refult from permit. tins Charges, however unfounded, to remain fulpended over a yerfon appointed to adminifter jullice, your Petitioner came forth ! with to London, for the purpose of vindicating bit chandler. and ' taking the neceffary !Ups for his fpeedy and immediate defence. That on the sth July, 'Roe, certain Articles of complaint, founded upon the albrefaid Petitions, and other matters, were pre-tented to your Lordfhipe. and laid upon your table; but Parka .nent we. loon afterwards pror gued, and your Petitioner bad to return to the difeharge of his functions of a Judge, oppreffed with the weight and obloquy of a public accufation preferred in his abfence, to the higheft Tribunal In the realm, and preluded from all means of vindicating Isla character, or defending his cuoslad, until a future Sefton of Parliament. by melon of the complaint againft your Petitioner nut hewing been brought forward by his aecufers, till near the dor,: of the hellion, when it wax impoffible to bate any rife lual proceediugs thereon. • Your Petitioner refpedlfully fubmits to your Lordatips, that in a bulinelk of fuch futons importance to the adminiltration of public juftice, as that of a criminal aecufation againit one of hie Majtay's judges, it might reafonably have been expelled, that the articles of complaint pretested againit him would have been (earned upon great deliberation. and with ferupuloue caution ; the more efpecially from the extismely karfh nature of the charges thentfelves, and the delicate lituation of the perfoo, to whom guilt was thereby imputed;—for all which confederations. the great lamb of time which had been tufferal to cLapfe, alter the cola duet complained ofwvas alledged to have taken place, and belore any charge war made, it bad afforded more than Cu/tarot. opportu nity uotwithf eluding which, the fahl Articles wag altered in the beginning of t h e nelL' S. thous. and Particulars of Complaint were then prehnted to your Lorelfhips, coma' • g a new Chars, of a very aggra - :7ted nature, - which, with fenral other Articles, not fewer than live in number, lave been Ilan withdrawn. ° That early in the &Ilion of laos, a Committee of your Lord- Ibips was appointed, which every Par had a right to attend, to confider the matter encased againt your Petitioner, arid of the evidence which might be brought in fupport of the fame; at which time your Petitiona was again compelkd to forego the slitcharge of his judicial duties, wad to attend upon your Lorain's for the purpofe, as be hoped, of being then allowed to enter upon his de. fence; but was :hen prevented a fecond time from appearing in his own defence, by the nature, and conftitution of the Uhl Commit• tee, at whore proceedings, it was not permitted to him, Dor to any perfon employed on his behalf, to be prdent. That after a curfiderable part of the laid hellion had be. n em ployed in examining into the matters then alledged sgainft your petitioner, and after fevers! witneflea had been examined in fup port of the charges theretofore preferred againft him, to your pe titioner's very great furprife, the matter of complaint againß him Was again altered, new modelled, and changed, by withdrawing (event of the particulars of complaint which had been before pre kneed, and moll ItroMilY lefilled upon as highly criminal, by amending and changing, in material parts, thole that were fuffered to remain, fo as to make them different in their nature and effect, and by introducing then.bir the firft time, 04 hc r charges altogether new ; by means of which continued fiuduation of complaint, your petitioner was involved in the molt cruel perplexity, and be. came utterly maces tale what the charges might be agaioit which he might ultimately have to defend himfelf ; whit his charadter was In the mean time deeply wounded by this apparent multiplicity of charges, thus publicly, and folennily ',relented to the higheit Court of Judicature in the r alm,as grave and foletun matters of jutt complaint againft one of his Majefty's Judges. 0 That on the 21.1 May, tilos, is was moved, that an hung ' s, Addrefs thould be prefented to his MaJefty,to remove your pc titinfla from his office, grounded upon fucb new altered end amended charges; whereupon your Lordfhips ordered" that your Lordßtips' Houfc fhould refolve filet into a Committee of the whole Houle, upon the motion made for an Addrefs to be prefent el to hi. Majetty, to remove your petitioner from his office of J udg.:, and to enter into the faits Wedged On the Paid motion." " That on the 3t R May, t8...5, and an various fubfequent days, during the COiltinUallee of the halt Sdfons, one of the charges Rated by the motion, contained In the petition of William Armftrong and oths n. was proceeded in at your l.ordihips' Bee, when no fur ther progrcfs was made, than to examine the witnetles produced in fupport of the fads &Hedged in the laid petition ; in the courfe of whole evidence It appeared, that your petitionee's accufers and ' their witneffes have been all paid the expellees inzurred by than in prate-ming the le complaints, out of the public money. " Your petitioner feels hintfelf hound to (tate to your Locdthips„ that Cenral of the reunion:, charges would probably, from the nature of the allegatioas costainal therein, occupy more of your Lordffilpe time than that which has been thus beard in part. ° Your Petitioner, under the r e circuinitances, feels hinafelf called upon to Rate mot refpedt:olly, to your Lordthips the many grievous hard th ips which fault to him from proceedings which arc novel in their nature and har.dling by their delay which fulled Ms chandler to continued ;mime obloquy, which be has had no opportunity to remove or repel, and which are almoft ruinous to his private fortune ; be p: ttliere of whillt is the more fevcrely felt by hies, in:.fmuch as the expeoces of his acca l v rs hare been defrayed out of the public 1 r, anal. Petitioner. pees traced by a lively (core of the many difficultice and hardibips, to which Le has been fubjeCted, without an en.rontion on the uprightoefs nr integrity of his conduct, wounded tie bit perfneal all judicial keliegs, and Rill more deeply affected by the embanaliment, to long lulpended over the Mins nitration of Juftice, at this advanced period of thd third hellion, In which hi; manse has been coupled with Portant< ntary Aces fallen ; humbly prays your Lordfhipe to conAder the nature sod eireumitances of his cafe, and to make fuch orders therein as to your Lurelfhips' wlfelont and plaice lhail le a n meet. And your Pea:timer will ever pray, Rte. (Signed) ° Laze rov° _ _ Lord GRENVILLE (aid, whiht their Lordfhips were occupied by the impeachment brought before them by the Honfe of Commons, it was evMently 101- pollible for them to refurne the confideration of the cafe of Mr. Jutlice Fox. That bulinef•having bees brought to a conclufwm, it now became a quelion, whether it was expedient or proper to telltale the heating of evidence on the charges spina Mr. Juf tice Fox ? Upon this fubjea he was decidedly of opinion, that that Honfe was not the proper place for the dirculEon of fuch charges. That Honic had no original criminal jurifdiEtion. and to attempt to give it any filch juritdidion was to confound the power given by the Conflitution, and to ellablith • precedent highly dangerous and inimical to the true intereU• of plaice. Their birdthip., except in mat ters relating to their own privileges, could only try perfons upon criminal charges brought belie them upon impeachment by the Houle of Commons, who in that cafe formed the grand impel' of the nation. The :;ligh Craw of Parliament was then formed for the bial - of offences thus found by the GI and Inquedi but, is in the ordinary Cowls, the Jurors could not ael at Judges nor the Judges 25 Jurors, In the High Court of Parliament was alio bound by rules found. ed upon ellablifhed principles, and their Lordffiips could not constitutionally unite the innetions of Judges and dist of a Grand Inquefl. No precedent was to be found to faneion filch a line of condo& ; the only precedent there was upon the fubjeCT was the cafe of Chief Jullice Holt, who, when arraigned in that Houk for fome part of his condue as Judge, anfwered, that he was bound by his oath to at as a Judge according to the laws and to his confeience, and that the Houle of Lords could not take cogni• zance of his condudi while acing in that capacity, which anfwer was acquisiced in by the Houk, and thu• the precedent we.. decidedly againtt the mode of proceeding which had, in the cafe ot Mr. Jullice Fox, been adopted by the Houle. That Houle, he was clearly of opinion, could not try Mr. bodice Fox up on the charges prefzrred againft him, unlefs thofe charges were. brought before them by impeachment. What mud be the proceeding upon the fuppofition thatthey might in the refult deem that Learned Judge unfit to continue any longer in his office ? it mud be an addrefs to his Majefly to remove him from his office. This mull, of courfe, be a deliberative pry ceeding in their legiflative capacity, and thus they would be in the inconfident flotation of find trying judicially, and then being unable to pronounce any other judgment than a refolution deliberated upon in their legidative capacity. It might alto happen, if filch a mode of proceeding were continued to be adopted by the Houk, that after they had invelli gated charges art fimi!ar defeription, the Houle of COMM - as might, upon the very rem, charges, bring I up an impeachment againd the individual accufed, and thus their Lordfhips would find themfelves in the predicament of having to try thole charges which they had already prejudged. It might be laid, that the claufe in the AC at Parliament, dating that a Judge could only be removed by an Addrels of both Houfes, would be nugatory, unlefs fame loch mode as the present were adopted for invedigating charges made againd a judge s but he would rather that any claufe in an Ail of Parliament Ibould remain un..4ed upon than that the principles of the Confliiutiun fhould be violated. He could eafily conceive, how ever, cafes in which that clatife might be carried into died ; it might happen that a ju4ge, incapacitated by corporeal or mental infirmity from executing the duties of his office, might dill from caprice or any other motive refute to reign, then it might be expe dient for Parliament to interfere according to the enaftnient of the claufe, and addrefs his Majeliy (or the removal of filch a Judge, as it might all., if the cafe Arnold happen, Ili a Judge being c.snviiled in a court ot jullice, of any crime which rendered it unfit that he fhnuld continue to adminider jullice, but for the Houle to take cognizance originally of criminal charges, was wholly foreign to the Constitution. If fuch a mode of proceeding was faneimed by the Houle, it was impoflible to fay where it would end. Every individual would have the fame right to pre fent petitionscomplaining of theconduel of any judge its any particular instance which difpleated them, as chafe perform had who petitioned againtt Mr. Jullice Fox, and the Houle might thus be continually occu pied with inveftigating charges thus brought by indi viduals againd Judges, merely i n . account of fume decihon, or fome expreffion, with which 'hide indi viduals were not pleafed. As to convenience, it muff be evident to their Lordfhips that at this advanced period of the Seffion, it was impoffible to rectum the confederation of the charges againd Mr. Jullice Pox, with any profpal of bringing it to a conchifion.— This, however, was the least ground of °Nation, as upon the contlitutional grounds he had before fisted, he decidedly ohjeCed to the further confederation of the proceedings. It was his intention to pollpone the confideration of the fubjeel for three months, to a period when their Lordfhips might hope they would not be fi• ring, hut which motion in its terms would not decide any quellion upon the lubjed. His Lordffiip concluded by make g a motion to that effett. The LORD CHANCELLOR read the motion. The Marquis of 13L.RCORN — ;e1rknew the I weight and iorlitence of the arguments that the Noble I Lord had at different time. employed on this fubjed, and more particularli this night. If he had not liflened t t toete arguments with conviction, he had always lillened to them w ith refped ; but he was convinced, that if the N , ble Lord fucceeded in per. fuading the Hook to adopt his propolition, he would himfelt have occation to lament that filch fhould have been the ilfue of the inveltigati , n. He felt all the force of the Noble Lord's argumentr, urged as they had been with In much abil,ty on the conilitutional part of the cpre,l ion. To thole arguments, however, he did not rpean to advert, becaufe they were now no longer proper to he adduced ; the time for their con• fideration was pall. If it were conllitutional for a Member of their Lordihips' Houle to bring forward this complaint, it lignified nothing what the other Houk of Par lia ment thould afterwards do with refped to it. Their L.rdthips had already decided on the quellion by commencing the invelligation. The qirettion now was not, which would have been the bra mode of commencing the invelligation. but whe. they it was continent with the character of that Hunk, and the compact of the Union with the frith people, fuddenly to abandon it ? In a long fpeech replete with important fads, connected with the evidence befere the Houfe, he difcuffed the conduct of Mr. Janice Fox ; he reprefented the great importance of prefervingtheadminalleatioa of jultice pure in Ireland, and expoled to their Lordfhips the enormous exac tions, in the way of fines, under the authority of this learned Judge. In one circuit he had levied fines to the amount of 14351. : there were annually two cir cuits, and fuppoting all the other Judges to exercife the time degree of oppreffion, the annual fum in this way extorted would amount to 34,4401. Lord ELDON obferved, that as the erellion was put, it did not imply that the proceedusgs were to terminate ; and that, if it were carried, he ihould ant conceive himklf to be pledged not to bring it for ward in the next Seffion of Parliament. As, however, an intention bad been expeetfed of abandoning the invelligation altogether, he mall refill the motion 'spun the ground. on wkich he lispported the proceed ing which -bad been 'Ahmed by the Houle. , If Judges were not to be made fubjeft to the controtl of radiant:lu they would be Cutlet to nn content! whatever. He witted to know whether the Noble) Lord mail to mare the'proceedings from the per. nals, or let them Rand ? If the proceedingsfremained on the Journals there would appear this inconfifiency, that their Lordfhips would he found to have enter tained a Charge againfl the Learned judge, to have heard evidence u pon __ it, and yet to have come to no refult upon it. He maintained tint the Houk with perfeftly competent to proceed as they had done. If they could not fo proceed, they never &sold serer upon an addrefs to his Majefty to remove a lodge, and the Aft of Parliament to that tied would be pettedly ntigatoty. The LORD CHANCELLOR Milk Woolfeek. He laid he was extremely forty, at that late hour. to folicit the attention of their Lordthipt, bat he ent,ld not avoid making a few otsfervatinns. When this Alb jet flirt came before their Lordfhips, lie was a Mete. ber of the Commons Houle of Pirliatnent. The Learned Judge, whole condo& was referred to, had applied to him to appears' Cocrifel, burhe het &- dined all interference, As he endellindd t e objet was to remove that high Officer tremble judicial func tions, and that could not be done without the *Cent of the Reprefentative part of the Legitimism. Prbit this cireumflance, and the little expedition he mese tained that this fubjefl would to early be fulainktedth the determination of their Lordfhips, he bsed DOW" pared Medi by any previous emmination of the est i deice; but holding the important &oath* ht We; k would be abfurd for him to fay, that he could Owen no opinion on the matter now before their Lordtklpc becaufe the merits of it depended on the exiiiingiew. I and not on the tellimony collated lot the paves/sof inveffigation. The Noble and Learned Lad Wan ' (poke lilt, laid that there were indeed parts ache ret. ' dance which would aura& the particular attention of him who hat the honour of addreffing yno, and be. eau& he knows his fentiments. and be yaw upon the carriage which came to the door of your Lnetif dps. the motto to be borne with the armorial infignia 61 the Erfkine family through all future generations= That motto was, 'Trial by Jury." Alibates: he (Lord Chancellor) had been engaged in the hone* times in the defence of that caufe, he did not, by' the '4 trial by'Jury, mean to imply any thing dißinA and fe. parate from the Judge who prefided at thofe Irish; it was the trial by Judge and Jury which attraded his Pea 'pea and admiration, and he had learnt to direatie veneration to it by an illufirious Nobleman ('LordCam. Jen ), whole fentiments to him were not entailer orbit: tory, but of perional knowledge, for he was the friebd of his youth; and that mina age, to the *deign jeriews, had added term. expreffive of hes regard for atva. luable part of the conttitution of a Court, which was immediately concerned in expounding the law referable to the fads before the Jury. Since hit ?fn. hle and Learned Friend had adverted fo particularly to Isiqs, he would remind him of another eireusi. fiance, which might lead that Noble Potion to rapport that he (Lord Eli:king) valued this mode of trial ten much to admit any part of it to be impaired. Did any man ever go further then he did, to remind Judges of the duties they owed to their country, f which he had been publicly rebuked, but which he returned, he nulled, with honed indignation 1 It was his pride, that in the cowrie of his proteMemalee cupation, he bad been honoured with a gown rim. cedesee, which did not limit hi. exertions, but per. - mined the application of them on many mentions. the recolleflion of which eonftituted no inconfidera. ble portion of the happinef of his life. Feeling as be did, he joined with peculiar fervour with the Noble and Learned Lord, in the fentithent, that Judges &mild not be placed above the law, and be permit ted to trample on the right of the (Ojai. The um question in this cafe was, what was intended by the Statute of William, and had Mr. plaice Fox, by his miCcondutit, conduced to the degradation of our free Government and Conflitution f But, whatever might have been his deportment, he was entitled to a fair trial. One of the Ern principles of Britifh justice, in the adminittration of our Penal Law is, that ;he party th3uld be accufed, then his cafe was to be fubmitred to the Grand Jury, which was a fecret ineuveit in the firft inflame, and witneffes were to be examined before them. Then, if they law jolt caufe, he was put upon his trial, and he was judged by twelve im partial /salons, who were wholly unacquainted with what had paired upon the inquest—and when he Reed ' at the bar of his country, no marts mouth could be opened but in his prefence, no prejudice could be railed which he could not immedirely countervail. It was inconfifient with the pradice of any Court to know any thing of the evidence but in the pretence ' of the party, and that evidence was fubjeOed to his examination. Their Lordfhips were men exalted, en , lightened, and learned ; but they were HI mess, and js Et to all the infirmities of human nature. AR ht had known of the mind of man had Wt. tided him how dangerous it was to affume an opinion, 'inlet the party had a cotempnranenus opportunityof taking off the on. favourable impreffion, and thus the poifon was everne companied by the antidote. Would their Lordlhipsup. ply there acknowledged principles of our law to the cafe of the Learned Judge ? Witneffei had been era mined at their Lordthips' bar, their evidence had been registered, noCount el attended, and no crofitexamina i non was admitted. They have Paid, that this learned Judge condefeended to bully the jury prefented before him. Their Lordfhips had better have fulminated their rage, and have abandoned all the decencies to which they were attached, than proceed to eividemn .4 him undett,luch circumstances. How long was 'his blockade Of evidence to remain upon their Lordatips• minds, before the party was to be heard in his defence ? What a fpcflacle had the Haute exhibited! how env. malous the proceedings! While they were arraigning the Judge, what were they doing themielves ? Had their Lordfhips not been haranguing one another, in- flaming one another, and mutt not all joitiee perifh for ever, if luch were their pr ceedinsts ? Wit it the in'ention of the Houle to addret. the King to remove Judge F x? What was that but the commencement of a judicial proceeding ? It was ampotale they could stir a itep except the Commons agreed with the A the Jdr fs Comm.a as ( s e n i h t down nui d t y o , fi h vi theme tie m atc . i t ho . a nu r t e t w h i P e ft ! ) e on wh e n curi e would r t le i e r d by n d i fb m i p p e s a impeachment, w n t y i whatth at of a ha oit. ving a w e lae the], liypr who judg had before ed aman utc: n n de a m c n o e l d la h 7 im ra! pn to try the impeachment ? Suppofe that Mr. Hart, or any other of the petitioners, wept diffatisfied wi h the decifion of their Lordthips, and thought it proper to I apply to the Commons, was that Hoek to try a Tall upon whale cafe they had pronounced an opinion