The Sun.
London, England, 1814-05-19 00:00:00

IMPERIAL PARLIAMENT.,

HOUSE OF LORDS, MAY 18

, .G.
In the Appeal Cane v. Lord 'Allen,
„Judgment was
affirmed.
' Appeal- Henderson v. Sir J. Malcolm,- Sir
milly was • heard for the Appellan4. MessrS. }lonic kind
Brougham for the Respondent, and ' Mr. Adaio
Judgment was . I
• In the Appeal flephur.ne v. Cunningham, Mr. Adam was
heard in colitinuatien, and Mr. Flpcner the pa'rt of
the
Appellant. Further proceedings an. Pr:day.
The Royal Assent. wds
,given Cominision to the Cleigy.
Penalties bill, the Innkeepers' )61t,t, S..iiisis'reo...e toe'
London Docks &c. &c., the Conun-issi, ti*
LMAChancellor, Lord ChAlniondei,ex, awl Lo. d 'Redesdale.
' The Sugar Drawback Bill went/tiirkingh 0 CoLmmec.
• Sir J. Graham and others I.,raught- up from the House of
Commons. the Canada Trade .1(c;. iJation Bill.•
Mr.. Clifton, from the A,;iiiiralty, presented 'an Account'of
Ships of War Milt at the .Out Ports sinee:i 79.1.
Mr. Nixon, from the..Flect Prisen,presented an Account
of.the Fees of that Prison, in pursuance of the Order of the.
House.

•
INIF.SYE PItOCESS BILL.
Earl STAY?! oPr;:rose to wove the second read-
itig' of t,„4 abolish Hesne Process: • In'or
.
d•er to prevent tray misieterpretation of his sent
ments respecting Lawyers-, he observed, that in
the profession of the Law, as .in all other pro-'
fessions, there. were good, bad,. and inditrerent
individuals ; but there was this-marked distinc-
tion between that and other professions, that.
dyne
,evho belonged to the legal profession, and,
who possessed integrity and ability, and a desire.
to ilt'Q right, had More potter to •do good, -and
were More valuable members of society, thai any.
other_persons ; while,•on'the other hand, if they
wete guided by different motives, and Were in 4.,
stigated to do wrong; it was in their powerto do. .
more mischief than eouti be done by any
,class ("linen. The i•ecital in the preamble of the
Bill which he had introduced ;o their Lordships,
'liter reciting Magna Chem, went mt. to dechue.
that Mesne Process we- contrary to the ,ancien't
law of the land. On this point the -Lord Chief
Justice of the Court of King's Bench had thought
proper to contradict him, and in order to esta- .
Wish his proposion had quoted three Acts of Par-
liament, whien he (Lord Stanhope) knew I.•ere •
a‘ tuaity not in existence, having'all been—repealed'
shortly after they had been passed. This fast he;
pretty well knew at the time of the Lard' Chief'
Justice's statement; but he thijught that it•would
not he respectful to their LoidshipS;,bi the penon''
who had -made such-a confident'asserti-ob, tdcon-
tradict it 'without due ekateittaapn. Aftei,havjng
closely examiner' ihe Statute Beok, he would ehve.:
.distinetly'4clare, that•i.t did not cotitain'oOesin-
late Act in support rit Alesne Priihet;s.. With re-: •
spect to the first Statirte (that Of Elenrylll:),-it'
,
did" not go on the principle of Mes;te Proe(..ss;',hift)
only to attack thedioaies of those not posessing,
lands or-tenertieiits,'ivho
selves, to 'compel them 'to reoder air a&!Oef:t, a;“1-
1-joi to pay. nut even.:rlit.were not so, slur dill,' •
Statute•afforded no eontradiction'to the I'm:ea-110de
in his Bill, that Allesne Process was. c.intriii:y
the law of the land, for it lied bt-ea repeated----'•
The Lord Chief JUstice_ had quoted two other'
Statutes, which had botli'.bi'len also repealed.-• ,•
There ryas knowledge' hi a Ler& !'
The i,ets to which he alluded were _thOse-of Ed-. •
ward I.zinc!- W6re- these in exist:--
ence still they woeld not cohtradiet
his piexna-
b!e,. but they were bet!' gone. By the
Edward 111—it was ceaeted; that no• Man should'
be indicted or proceeded, 'against on a proC6S of
contemn law, Or put alit of his liberty,- tieiess
brought to' answer the demand- made upon ;
and not that, as-in Mesne ProceSs, he. 'should be'
imprisoned seven months without knowing where-
fore.' By the 37th and 38th of Edward theihird,.
this enactment was confirmed,/ with -a particular •
reference to 'the City of. London. The of:
Eft,vard 111. again confirmed these Statutes', and,
all the points of Magna Charta,• •with this re
markable declaration, that if any -Statute existed, •
contrary-to them, it should be null. The next
Act that bore on the subject was that passed'
in the reign of Henry 'IV. 'foe' the. regutition •
of .Attoroies, the oumber of which it stated' • .
to be very mischievous 'to' the community. it
called them " contentions ;'' and' if 'their Lord-
ships preferred that •phiise to' pettifoggers'," he
would have no Objection to substitute it in his Bill. •
It went oeto limit the humbeeof Attorni,:s,." tOnee::"'
vent them front being vexations to the people,". and
liked the number at sit in NorfOlk, six in `,7..;u1-'
folk, and two in Norwich. Ile" would to Gott
their Lordships WotildThOw count 'the ..tNttordies, •
• anti reduce them to that nu-whet:l! On this &Lib-.
ject there haft been coritiheal battles beKreeir the'
enemies of liberty, olpthe one-hand, and ttios! who •
supported liberty, justke, and -come-ion sense,
-the other. Perpetual eeceoncliments ri.ere made, and-.
.as perpetual efforts to pnt,theni down. Adverting
to the Preamble of the Bth oft Elizabeth, he'ex-7.
pressed his 'readiness, 'if reqhired, to Sli!'-'stitute.
that fer his own. :It reprobated, as the •
arrest or attachment of persons, against whorn,'
when they were brought to answer, no deelara-.
thin was made, and who were thereliy exposed •
to great hardships- and expense; and the Bill
enacted, that a declaration lrould.-be•put in; in.
three days fl-(in the arrest, and not delayed,'as it
now might be, for seven 'month;; which was
mostlorribles injustice, and eontrary' to'reason
and common sense. A great legal Man • had
once told him, that he could not' reconcile •
Mastic Process to any of reasoliiir ebin
mon sense. Many instances had come to- his
knowledge of...the shameful hardships 'conse-s
quent
.A naval Officer whom he kneW;
after an absence of lime yekrs, returned hoMe, not
owing a single shilling ; but by direction of some
harpies of attornies he was arrested in ten minutes'
after ['Mantling at C'aatham,•fred must have gone
to gaol had it not been for a Noble Admiral and
a tradesman of the town who became bail for him.
The whole originated in a mistake... The naval
Officer went to consult a lawyer on the oceasiOn.
The lawyer told bile that the event of a law 'stilt
must inevitably be in his-favour. When asked, '
however, how' much the suit would cost, he. re-
plied, not above 1001. ! Now as the sum for which
he bad been unjustly arrested Was but 301. the
naval Officer begged the lawyer's pardon, and said
he should prefer paying the Money demanded. Ile
had seen, within the last fortnight, an'other Or:icer
who had returned. hoMe after. spending 17 years
.
in his M'ajesty's service.- ' owed a.person 201:
which he-hatt never paid, because he bad received,' •
aletter hOwl:is-creditor-desiring bini to wait his