The British Press; or, Morning Literary Advertiser.
London, England, 1806-04-18 00:00:00

IMPERIAL PARLIAMENT.

HOUSE OF LORDS---Vueilloar, Aram 17.
The Lord Chancellor being engaged at Court,
dd not.come down to the House, till halt past bow
o'clock
Counsel wete finally heard respecting the Irish
App. al Ciuse, Gsiffiths v. Hatton and Others, from
the Coint of Exch.,querChamber in Ireland, viz, Mr.
Frothlongue, M.P. on the part of the Appellant, in
reply
Tlic LORD CHANCELLOR, who seemed to
have little difficulty in his mind, as to the merits of
the case, qtritted the Woolsack, and briefly address-
ed their Lordships on the subjet. lie concluded
by movi 's that the judgment of the Irish Court
be affirovid," which was ordered accordingly.
ctaidatii eL IN lERCOUKSE WiTit AmEiticA.
L AUCKLAND, in moving the order for
the strand reading of the bill upon this stsbjeti, be-
fore their Lordships, briefly adverted to the circum-
s' ince of a Noble Friend of his, then absent, who
w raid reserve hit sentiments upon the subjeft for
the Committee. Ile would therefore move, " that
.the Bill be now read a second time."
Lord HAWKESBIIRY begaed leave to address
a few words to their Lordships ; he did not mean
to oppose the Mosioa, particularly as he understood
from his Noble Fiienda that it was intended to
ren-
der ;he prospetßive part of the measure, or rather
the' which was thrown out 071 a former evening, as
int, sided, by -leans of ax additional clause, respect-
ing the discretionary powers to be vested in the
Governors of the islands, the matter of a distindt
and teparate ftespeaMg this very important
considtretion, hOrrer.n, which involved topics of
the greater consequence to the commercial inteicsts
of the empire, hs bad it seriously to recommend
it to the attention of Ministers, that under the cir-
cumstances. it was preretable to postpone the dis-
; eaigioa of that part of the subjett till the next Session.
Thi'l proceeding would nor only not operate injure-
' ously, bu, not be produil-tive of any inconvenience.
His Lordship pressed this point upon the serious
conhisiera•lon of Ministers, and adverted to the im-
pm-tans/id any topic which so deeply involved the
' •-icial concerns of the country, and its Na-
' vialltdiaa Laws. as that to which he alluded.
Lord AUCKLAND shortly expressed his opi-
aMn. that tsii Noble Friend seemed to misconceive
wha• aad fallen from him.
tr rd HOLLAND made a few remarks on the
oc 'oa. and soemed to entertain a similar idea with
' oble Friend, respecting the misconception of
11-0 N(diare Lord opposite. With the latter, he con-
eat led chit the subjett adverted to was one of con-
eicferaak importance, And that full and ample time
°ogle' to he allowed No de Lords to investigate atal
'to make ep their minds upon the subjeft. How-
ever, he did not deem it necessary to postpone the
cooskleration until the next Session ; for that, en
Monday next, it wan his intention to bring forward
a Bill to the effeB alluded to, and for the consi-
deration of which, erevines to its second reading.
be cc. A
Bil l inl meant to give full and sufficient time.
The y was then read a second time, and ern-
flitted 'or ro-morrow.
The Bills upon the table were forwarded in their
resesec,i,e stag.t.• among these, the Nee, Li,an Bill
through a'Committee, and was reported with-
out arnenatnen.., and the °rams:ice Treasurers' 818,
aid Sir
read. Duckwnrth's Anituity Bill, were se-
verally a second time, and ordered te be com-
taittrd.
consideration of the Appeol Can :e from
Claimer's, the Countess of Lincoln, a. the Duke
at '-erecastle, being resumed—
'TI; Ag..sui dor the parties being called to the
questioned respecting the evidence of die
' :.• age, it appeared it was admitted on
the nest of the Appellant, that his Grace had actu-
ally attained his majority.
• Olt Cr ANC iIELOR then said,hesheuld
, •^. defer the farther consideration of the case,
sic rely t:a: the proper form for the Decree might
be adop:ed, woicb, on the question being put, was
eider .d AC COT dingly.
The hearing of the Scots Appeal Cease, Maxwell
e. Goe, was fixed for the 13th of May.
Some farther orders were made with respeel
to
the judicial business of the House; after which, their
coroshios adiourned till to-morrow.

-~T

that of M'Queen v. Newman, in which it was
held, that a witness was not bound to answer any
questions, against which he would be protedeJ in a
Court of Equity. Lord Chief Justice Mtain-
ans-
fitild. through a long course of years main
ed- the same doctrine ; but kis successor, Lord
Chief Justice Kenyon, deni' even the existence
of the rule. The same Ju,3e, however. (Lord
Kenyon) Sri a case of an arpitration, which after-
wards failed, decided on the trial of the cause in
Court, that the party was not bound to disclose any
compromise he might have offered to make, under
the circumstances of the.arbitration. L'ut however
these decisions might occasionally have %retied, of
this he eyes positively certain,and ready at any time
to maintale, that according to the genius and prin-
ciples of the old law of England, a witness was no
more compellable to confess a debt than he was to
confess a felony. Wrie it otherwise, the conse-
quence must be, that in a civil suit, a man might be
obliged to disclose a former transaction, in which he
was guilty of perjury, the effect of which might be to
ruin him in his circumstances ; in many CAWS, even
to affed his life. In treating of this subjeft, in his
Commentaries, Mr. Justice Blackstone observed,
that the law was different on both sides of West-.
minster Hall; for that the Court of Chancery de-
cided one way, and the Court of King's Bench also?.
ther; but continues to say,that he felt himseit'at a loss
to determine how this variance could be reconciled_
to the common sense of mankind. He was, how.
ever, very far ifrom being disposal to agree to this
observation of Mr. Justice Blackstone ; for, to carry
it to its full extent, it would tend to destroy all dis-
tindion between Courts of Law and Courts of
Equity. The apprehension entertained heretofore
upon this subjed was, that the Courts of Law
might one day carry the rule as far as a Com t of
Equity ; but the effral of the Bill would be, to make
them go much farther. As far as lie was in-
formed on the subject. no law yet made, ever
imposed on a defendant the necessity of proving
that his demand was not a just one ; otherwise a
man who had no evidence by which he could en-
force a claim, might prove it by the oath of the
plaintiff himself, give a full disclosure, and after.
wards suaject him to the penalties ot perjury, for
not giving evidence against himself—a principle
which he believed was not to be tound in the judi-
cial or municipal proceedings of any country, So
far was it otherwise with us, that in all cases of
felony, the Judges were in the habit of cautioning
witnesses against making admissions, or giving any
evidence which might eventually subject them-
selves to punishment. By the old law ot England,
until the reign of King William, when it was abro-
gated, a man, even in actions of trespass, was liable
to amercement, for not obeying the King's writ ; but
no attempt was ever made, even is former times, to
eat from any defendant a confession of that disobe-
dience which would subjed him to a penalty. The
general rules of evidence, in common law, were not
governed by statutes, nor by any analogy with the
proceedings of the courts of equity ; for dowa to the
statute of Henry VIII. no such thing as a Court of
Chancery was ever known to the laws of England.
Another bad coeseqnence would, in his opinion, re.
suit from the law, as it was now proposed, which
was, that for the purpose of enforcing it, the courts
of law must, before their decisions upon such points,
be acquainted with the practice of the Court oE
Chancery, which every one conversant with it most,
know, WAS only to lie-learned in that court itself
thus they make the tales of common law courts con-
formable to those of another court, which was not
recognised, or even known, in law, at the time that
these rules were eltablished. For all these reasons,
he considered th objections offered, to be invalid.
unless it should be proved that the proviso itself
was unnecessaty.
The SOLICITOR-6F.NERAL, in reply to what
WAS asked by his Right Hon. and Learned Friend
in one part of his speech, was happy in being able
to declare to him his decided opinon, that after this
Bill should pass into a taw, the Judges would be as
much at liberty to protect a witness from any die.
closetre; by omission of the conditions of forfeiture,
or any delta of title to estate', as they would be, if
there were no such law in existence. He would
not presume to state, that the ingenuity of some
Gentlemen might not devise a case, but his
imagination was incapable of forming to
himself any. in which a witness, if questioned
as to any defeet of his title, may not answer,
under the sanction and protedioo of the Court,
I do not think myself obliged, and therefore will
not answer any question. the effect of which may
be to deprive me of my estate." In considering
the opinions as delivered by the to eive Jueges:he
did not find that there was any one of them who
stated, that the rules of -evidence in courts of law
were to be governed by any reference whatever to
those of equity, but that they all maintained a con-
trary doctrine ; as to the necessity of this declara-
tory bill, he said it arose from the uncertainty
which prevailed upon the stabled, from .the send-
ments expressed by some of the Judges ; and he cos-
sidered that necessity to be encreasea try the authorie
ty of his Right Hon. and Learned Friend (the Master
of the Rolls), who seemed to concur is the opinions
of die minority. It was some satisfaidion, however.
to retied, that, to the eight Judges, whose opinion
was in favour of the obligation on witnesses to an. ,
swer such questions as might afterwards subjea
them to civil process, were to be added the ana
thorities also of the present and late Lord Chancel.
for ; so that of the persons who must be considered
as best qualified to decide, there were ten who.
maintained, that witnesses could not proted them-
selves from anseering such questions, against only
four who seemed to hold a different opinion.
Mr PERCIVAL said, he thought it would be
much better if the Bill had not beets brought in,
end very much to be desired that it should not
pass. It was a great pity the other House did not
put the question to the Learned Judges. in order to
know precisely. what the exceptions were to which
they alluded is their several opinions. Instead of
this, ache had been informed, a similar proviso to
that now under the consideration of the House, was
inttoencee in the Lords; and, after considerable
argument, negatived; and that they tend it down
to this House, and put them into the dilemma in
which they now lotted themselves. It was evident,
that the Attorney and Solicitor-General were di-
redly at variance on the point, and therefore he
thought the Bill ought not to proceed, especially

as it was, in his opinion, altogether unnecessary.
—Certain he was. that it would be better the
proviso should stand, than that the J3ill should
pass without it, as it was the only mode that could,
with propriety, be adopted, to get rid of the ob-
jeCtion.
Mr. Secretary FOX said, it had been his particu-
lar wish to hear the opinions .of the Learned Gen-
tlemen of Authority, before he rose to my any
thing on the subiea, and in having done so with the
utmost attention, he could not but say. that he dif-
fel ed entirely with the I-tarred Gel nloonen wi.
spoke last, who had certainly dertvered his senti•
meats with great form Cent perspicuity. He was.
for his owls part, atter every consideration he bad
been able to give the subjed, decidedly in favour of
the Bill ; but he a freed entirely with his /lon.
Friend near him (the Solicitor-General), that it
ought not to pas with the pi "via°. He thought, at
the same time, that what thi, Bill declares, was not
the precise oraininn of the majority of the Jukes:
but abet had been said in the course of the proseia
debate completely eon vince.l him, that the MI
ought to pass; for when there wis so grear a (1.1-
ference in opinion among men of such 'higli pi.'
rity as the Judges, and also among tlonaat , ;.,
Gentlemen so -teamed in bsali the theory .o 4
pratnice, as the aught Honoura;de Getntlentan *as
the flier the Master of the R.-).1s), and his id--
noontide Friend near him, a, well as the other
Learned Gentlemen " who had delivered their o is
nions on the 'stele& he dustsght it was high time the
taw should be 'made clear, and no doubt left remain-
ing
on the sill-sleet. He c.bservel, that goat stress
had leen laid on ,the words used by the Ltaroed
Judges in delotering th..ir opinioos ; namely, th,,:: in
'spea.ting to the' porn: in qutai ioslay,n, they s, tt Fe-
netkllV," or, .• generally spea:a ii," a man is corn-
: pellari'le to answer.; tlanegh he may, by so doing,
render hinv.elf liable to a ciiiii suit. Past he cotes,.
not so ppose they meant otherwise, by the vrnyji,
'. generally speaking," than that he was compellable
to answer, leaving it to be determined by the Judges.
whether this civil soli: were of that nature as may,l.:
t.. bring him within any of the exceptions to wli..:h
they had many at them referred, but which, tit,fr.l-
- tunately, had not been explained. The questica,
however, now was, whether the doubt which pre-
vailed should be removed, and he thought it could
not be done too soon. 'he neri-ion of the Right
Honourable and Learned Gent:ernan on the illarry
(the Maarr of the Rolls). seemed to him to be, in a
great degree, warped, by adverting to the preffice
of the Court in which he so very ably presided. but
which, it was to be recolleCti..l, was a Clint of
Equity, the Rules of which were very different
' from tkose of the Common Law. The RIO Ho-
nourable Gentleman's argument went to impugn
, the opinions of the majority of the dtalge but
highly as he thought of the Right Hon. Gref.-
deman's abilities. he did not thigh ihe should be
junified in Allowing himself to set if np against she
opinion of the majonty of the Judges, who hadelsy
their superior knowledge and abilities in tke pro-
fession acid praCtice of the law, raised themselves to
the first stations of authority in it, and pee thew
opinions io the most serious and solemn manner, ea
a most 'unpi" ant °erasion. For his own part, he
was clearly of opinion. that the majority of the
Judges were right in the decisioa tl.ey -ad Come t ';
but he ..1:d not me- tion his own sentirnenss..'as °F'
the value of a feather , in lid or support ef,what hid
been delivered by ikihl. Then, said th- !tight him.
Gentleman (Mr. Fox), comes theAnestion, whe-
ther the C wits of Law are td he sent to iagoire into
the merit, of the ~,I* I, from C....e. 5 '',Urt of Chan-
cery ? He was, he owned, very much surprised,
that any such dodrina could have been h •Id, -ir
even coaceivad. It was well known the C-ur:; .1
Law were much more arncimt th in that of Equity I
and had rules by which they were governed. twice
the Court of Equity was ever known in thiacetinfry;
and he believed Lord Holt, sa ataglif the great
and Learned Judges, who• presided in the Coen,
of Law, both before and sifter him, wonld have
been startled at being„trifLfthry were to apply to
a Court of Equity for rules, by which they were to
proceed in the Courts of Law. 611.: the Right Una.
and Leartyd Gentleman an the ti..or had said. he
don's send you to a Court nf, Filthy, he only mirth
\
with .you there ; but he did mit see, for his oat
part, Whit( the Court iit Equity cool I possibly. 13
point of &Wilt ss, have to do with the questim it
all. He had looked over the tg fhe
opinions of the Judges, and he believed there wis
not one single word in any of them about the smalls
est allusion made to a Court of Equity He had no
' doubt but the Learned Judges had formed iheis rip
nions on the general principles of the common la,
of England. and not with the smallest analogy's
reference to a Court of F.quity. He thought, th r—
fore, no man would wish for this proviso, if the Bill
could pass without it. He hsd not had the adi
raze 01 hearing the opinion of the Ju '{tea delivref,
but he should be glad to know it their .'p' i m wen
asked, as to this proviso, if any one of them, eel
of those who were in the minuri y, would he hi 0'
your of this proviso. lie believed not ; ware r
trary, he was almost certain they would be ar
it to a man, as tending to infringe on the line A'
rule of their own conduel, and tr sobjeS then.'
the guidance of the rules of another Coon, eery
. '
ferent from their own. both in point of pt inf
and pranke. It had been mentioned by some llf
r
Member. that this proviso had been intrc.ouced. l'e
to h-
e
the House of Lords, and partly adopted
het that it had afterwards been rejected ; this
appeared very extraordinary. that dseHouse of Lcro,.
immediately after they had received the piating
the Judges. and while they were warm in
their r:
collection of them, should adopt this proviso, ai
so,
should afterwards, without any particular o.'?.
being assigned for it, proceed in so contra
red
way, as to reject it. if this argument pit'
.t..!
thing, it was that the Lords were clearl
the Biy.
ot
that the proviso ought nto be part of ll
cause it militated against the opinion of the mar, '
!
of the Judges, which ought also so weigh e. ••
rially with that House.--If the case of a yaw,'
for a valuable consideration, without 1-wise...-
lowed, it might perhaps be better to insell,l
viao ; but it dud cot appear to him,
be.
A.•
he. ...
heard on the subject, that it ought to
_,''-;
Right l lon. and learned Gelitieman on the g -.
not stated any other eaception. The How!
however, call to mind, that when the j''
weird their opinions in the Howe of 1.