The British Press; or, Morning Literary Advertiser.
London, England, 1808-05-21 00:00:00

IMPERIAL PARLIAMENT.

110UsE OF LORDS—FazoaT, MAY 20.

Mr. Clarke eoscloded his reply in the Roxborgh
peal Cause, s beet the Loot, iuforturd
alp
Cuuusel, that oo their ottearlalittr, to-usoi tow, suttee Mould
'spree what Wither proceethar utrglit be uet.esittry uu
Woodsy.
Mr. Molt so, and others, brought op from the House of
Coossous the Tatiners' Itegu:atiou l3tU also several-Priests
Mills mere liessoght up, all which were laid. epos the ''able,
end read a tree hese.

-SCOTCH APPEAL • ;

EARL OM WERYSI D. Ii`QUEILDI.

The taco Cassicattme, stated, that Counsel
having been beard, and' evidence adduced, at
their Lordships bur, in respect to the case above-
meistinied, it now remained for that (louse to de-
termine whether the iuterldquitur in the Court
below should be reversed or affirmed ?
,'llie Earl of LAnntliDat.e, is a speech which
:Mewed what great attention and minute research
he had employed upo& the subject, stated, that
liter all his care to 'OM the best consideration
upon this question,' be was led to determine, that
the jade-tent of the Court below ought to be re-
versed.
The griunds upots which he hod farmed
his decision were the different Acts of Parliament
in Scotland, whic:Olad been framed, at various
times, from the latter cud of the sizteenth century,
doers to the time of the Union. The question
itself bow before their Lordships regarded the sti-
pends reserved out of the Teiutts in Scotland, for
the proper iiiiiateaance of the Clergy. • lie con-
tended, thst tia', Act made in the latter end of the
sisteentb century, others made in 1617, 1621, and
1631. and another made about the time of the
lllifitta. all particularly were intended to prevent the
farther augmentation of the 'tips:444 Clergy-
men out of the 'feint's. He also atm. t;'. that al-
though there were mans decisions of the Chart of
Session, which in ninaertrtiuses bad countenanced
teat proceeding, still . lii sithinitted it to the judg-
ment of that Home:dint' where statutes were so
clear that it was impeieible to put any other but
one construction upon their tueauing, in that case,
liewever long a series of decisions ml ht have eon-
tinued, still, if they were in contradiction of ex-
istiiig si mutes, of which the owe )) itt g could not
be doubtful, the length of tintotiroulrl not sanction
such errseenus decisions. But the Court of Ses-
sion in all those decision, gave the best explanation
of its own eondoct, by roiumenting upon the au-
thority under which those decisions were first
a.looteri. Regularly down to the Union no alter-
atien es'ettever had taken plate in the law as it
stood. to the further augmentation of the stipends
or the Clergy, nutil those dscisious Of the Court
of SesuiQi. ; and they were not made in the first
instance a: authorized by the existiug law, hut
seemed rather to proceed from a *pint of ettllre-
stience, mid by their repetition became of great
consequence to successive Judges. His Lordship
are,oed to a greet length. and very ably, that this
question would involve a great deal of interest
amongst heritors. He contended, that the Clergy
ostler those Acts of Parliament had no claim upon
the Teinds for the augmentation of their livings ;
and awed, 'I That their Lordships reverse the In-
terloquithr."
The I.oanCnANCILLoR complimented theNohle
Earl (Lauderdale) upon the able and proper manner
in which he had discharged his &lie upon that oc-
casion. The parties, and also th;it House, were
indebted to him for his great labour and attention.
The Noble and Learned Lord observed, that un-
doubtedly where statutes were so clear and obvious,
that it would sse impossible to pet My bet one
construction upop them, in such case there could be
a• question, but • any decision made contrary there-
to, would in itself, 4,- void. The Noble and
Learned Lord, after a Yeti eloquent speech, said,
ii
that in vase the Earl of f,liti erdale's motion should
be negatived, he should tilje move, ti That the In-
terloqiutur should bel rmed, subject to cer-
tain altautions, which be should then propose."
The liar% of LSUSSIOALII'a motion was nega-
tived without *division.
The Loan CliAllcELLoit's motion was then put,
and agreed to unanimously.
Adjourned till to-morrow.