The British Press; or, Morning Literary Advertiser.
London, England, 1809-05-17 00:00:00

IMPWAL 11041RL1AMENT.

noun or LORDS, Tussoair, KAT 16.

WRIT OF ERROR.

VI .SITE V. TUE KING. .
Mr. Clifford uddreased this •Ilouse at considerable
length in behalf of Mr. White, the Plaintiff in'
error. He contended, that the power mistimed
lay the Court of King's Bench to imprison ilili,
Wail in a thtleretit county from that in which rile
Court sot. at the time of convietten, or from that
sa.whicii the offence was committed, exceeded its
legal jurisdiction, and was contrary to the princi-
ples of the English Constitution. If we revErted
to that penod of our history, when the power of the
Crown was exerts-it in opposition to the liberty of
the subject, we should Mid that a particular act of
the &di-Chamber. which tended to nowise punish-
ment, similar to that of the present Plaintiff in
error, brought abunt its own dvstruction. It amild
be touod, IR the different reigns of Charles 1.
James fl. and George I. that the pacer of the
Court nf Kill.' ..1 Bench to imprison in any distant
comity had been alluded to-yd. down to the
period 1732. considerable doubts had brim tit-
tertain Iby lawyers on the subject. II a few mo-
dern cases had been decided by that Court, such
es the eases of Mr. Gilbert Wakefield cud' r.
Redhead Yorke, yet it might hove happened that
poverty et other reasons operated to the preeent ion
of their appealing against such utijost exercise of
power. Ile next commented upon the jinignient
itself, which win 13 worded, that it was Ivry indefi-
nite how secority should be given be good beha-
viour. It required securities should Le foui.l for
his goad behaviour, for live year—hit if that se-
curity could not be found, it did not appear but
the inspritionment might he perpetual, which ha
trusted the House would criii,iikr CO lit cnry to the
kwo of £he land. Under the benign iiillimice of
the reigning Monarch, he had no doubt lint his ch-
eat would obtain redress, for what might he consi-
dered a common grievance of the subject. •
TheAttorney-General was astonished at the or-
gutnents which had been adfluccit by the Leariii-a
Gentleman. rod could not conceive from a hat mo-
tive he bad thought roper to addre,s them to the
Boum. Such arguments might .erve to he Lin-
•died about in newspapers, and please the *loin-
formed and illiterate, but they never could Le at-
tended to by the present assembly. Ile then very
ably and eloquently ',hewed, from du/fel-eta Law
Authorities, that the power complained of had at all
times been inherent in the King's Beni+, and
hundreds of caws could be mentioned which proved
it to have been hitherto exerci.-ied without being
complained of. The observations made in respect
le the enjoined security for good behaviour, were
without foundation, and it was evident the Learn- '
ad Gentleman's client could not be confined under
the present sentence far a longer period than the
years, to commence tifter the expiration of his itn-
prisonnseitt. . 1
The further preseenlings were r•tponed till
Thu radaT, at two o'llick.c
The Scotch I.e-.._,1 Militia Bill pivoted through
a Committee, tied . wilt reported without any
amendment.
The diffnviit Bills on the Table were forwarclet
in their respective stages, after which the House
adjourned.