The National Register.
London, England, 1818-11-09 00:00:00

THE NATIONAL REGISTER

Kerg.•ant Cepley.—My Lord, helwas not authorized to tax coats
R ale I,,,tanted. Tlie Court adjourned after baring sat about half al
bout.

SERGF.ANTS' INN HALL. NOVEMBER 3.

THE LIBERTY OF THE SUBJECT ANT' BILL OF EIGHTL...

WILLIS V. BRIDGER.
This question, which was one of very considerable import.
ance. as regards the liberty of the subject, came An to be
argued belOre their Lordships.
Mr. Common Serjeant for the plaintiff, stated, that it was
at...teflon tried at the late Horsham Assizes, and was one in
the plaintiff sought to recover fi the defendant
damages for false imps isomnent. A point was then reserved
for the opinion of the Court. The defendant was a Magi*.
trate ; the plaintiff a gentleman of property. who, for some
offence with which be had been chsrged,which it was unneces-
sary to state, had been summoned before the defendant; who,
an hearing the ease, ordered him to enter Into securities for
two years, himself in 5001. and two sureties in 2501. eacb.—
Tile plaintiff tendered his own security, and one surety.—
This the defendant would not accept, and immediately male-
out his wart aut, by w Welt he committed the plaintiff to pri-
son for two years. The point reserved wa., whether thili
was or was not a legal commitment t He was to contend that
it was not, and he trusted should do so successfully. The
Learned Counsel then proceeded to cite authorities from the
Liss' Books, from the reign of Henry VII. to the present time,
to shew that Magistrates did not pOSSCII this power. By law
they had, he contended, only power to held to hail, and take
recogitizattees, fiom the time of taking them till the next
Sessions ; and he contended, a Magistrate could not by his
warrant commit for a longer period than that for which he
could hold to bail. Otherwise. a Magistrate had only, to
answer his own purposes, to demand excessive bail, which a
defendant not being able to procure, he might commit him
absolutely for any period of time he thought proper. In the
case of Andrew Robinson flower and Lady Strathmore, in
which an application was made by Mr. Erskine to the Court
of King's Bench on behalf of Mr. Bowes, who had been held
to bail by the Court for a period of 14 years, on the ground
that the Court had not power to hold to bail or &nth a term,
the Jnilges indeed held that they had din power; but he
trusted it would not now be said, that a Country Justice also
possessed this high and dangerous prerogative, a prerogative
which, he contended, was in the very teeth of the Bill of
Rights and the liberty of the subject.
Mr. Serjeant 'Faddy, on the other hand, contended, that by
the terms of their commission, under the Act of Elisabeth,
and confirmed by subsequent Acts, Magistrates had this
power ; and as far as regarded the present case, he contended
no action would lie against the defendant, inasmuch as he
had been acting Only on a subject within his jurisdiction ;
and therefore, though lie had acted erroneously. yet it was
only an error in judgment, ter which au action would not lie
against a Magistrate.
The Common Scrjeant, in his reply, again contended, that
the doctrine contended for by his Learned Friend, was an
invasiossof the liberty of the subject, And in direct opposition
to the Bill of Rights. If it were once established, an iailivi-
dual might be called on to give security, or be imprisoned
for life.

Mr.Jnstice Bayley said, a case %night arise, in which it
would be neoes%ary to call for security for life. He recol-
lected a case in which it had been done. A person. other-
wise sane in every rebpect, was, as far as related to a certain
individual, mad, and vowed te sacrifice l ' whenever he bud
an opportunity. The safety of the innocent person could
here only be secured by confining the other, or calling on him
to find continual security. The present question was, how-
ever. one of very great importance, mud the Court would take
time to consider its judgment.

MIDDLESEX SESSIONS.

MONDAY, \0,.9.

C. Chariton was indieted for assaulting Isabella Hatekfield,
a girl al tto years old, in the month of June last, with
biscuit to v olate her person. It appeared that the tomato'.
t.ix hail been nursery-maid at the house of a peddle:4n, in
Swallow-street, Piccadiely. In getting water and other
necessaries for the children, she had sometimes occasion to
go into the tapsronin of the public-lionse. On some of these
occasions she used to see the defendant, who was a farrier,
residing in the neighbourhood, and who frequented the
house. Elizabeth Lowe, another servant in the house, intro-
duced Ire► to the defendant, and lie appeared very fond of
he,. She then received perniission from her aunt to visit
him ; she areisrilingly called at his lodging iu the month of
june last, but found lie was out. A Mall of the name of
Smith, however, was• there, and said he would show her where
the defeuilant was. She accompanied him for that purpose ,
and they went to 4 11bitt, ilalllf, where tisey f d him. She
sat there fora short time, bid finding the eveniiig advance,
she t, fiseel to remain any longer. The defendant then pre-
vailed oil her to walk w itli hint in the Hegelit's Pink ; and
had walked some distance, and got to a private
lucre, lie shagged her over a fence, and eareoted his in i-
• purpose. As soon as lie let her go, she implored him to
assist her to one of the outlets of the Park ; he refused to
give her this assistaece, and poured upon her the grossest
and vilest ;those. saying that all his trouble was *hoist the
loss of his stock, which it seemed was lost in the strnggle.—
proseentris returned home to a friend, as well as she
contd. and disclosed her situation. It was proved that she
continued for some time in the greatest agony. Her aequsint-
cures described her as 4 very modest and careful girl. Her
injury was proses to have requite:l vu,gical assist4aer. An
attempt was suede, for the• defendant, to contradict the state•
meat of the girl's modesty, best it totally failed. Tile jury
relented iii instant sertiiet Of—Guilty; and the Chairman,
after an:madverting in the most severs• terms of the hriil4ljiy
of the prisoner, sentenced him to two years' imprisonment in
11 ewgat e.

Fifteen of the Barnsley linen-wearers were on Tuesday, se'nniglit
committed to the lions,: of Correetiot, at Wakefield. by Bench of
Magi ,rati, on a charge of leavin their work in an unfinished state.
The men urged in their own defecee. that they had sent each master
written notice of ciAlit days, previous to clouting t!!eir work, and
that three of their feilow workmen who had fini,!:ed their work hail
beAt refusal payomait of the same. The weavers were not committed
until after three ilisti:an offers had been inane by the Alegistrate, to
liberate them. if they would return to their wa-k : but this offer
being eon.idered by them as no abennontoent of the uhject of their
turn-out, they decided to go to prison. . .
A m.o. WOltse. 11.1 i Len committed to nurharn gaol by
eat; maistrates of Su iderlantl, on suspicion of .being eo.aarned it;
-annlcring the sereant-erad. anti settmg fire to the 01 Ails
larly rear) Ilaaington, some ycia3 azo.