Star.
London, England, 1831-08-03 00:00:00

CAM OT TAZ PAGES.

Bib February, 1620.
• " Mr. Alford---That yesterday divers complained pri-
vately that their privileges wets broken. Divers pages, ser-
vants to membered the benne, abesed themselves. The
judges. of the King's Bench have punished them. Moveth
that the pages may be ished here.
44 Mr. Thomas Fanaw.—That yesterday complaint to
I the Judi. They sent the officers eo warn them. They
affiontd theta mere. Offered so draw their swords. That
h the Judges have soot one, and will. mod tbootbor, to be
punished here as soon .as bey can came by them ; and yet,
but for respect for this house, would have indicted them
for wrote in the taco d the Court, and many for lees
offences have lost. their. bands."

CASE OF TEL LORD ?AM '

Lords' Journal, 91.4 Fedresesyy, 165.
" The Lord Vass claimed hie pp►ritikge for stay of an M.
formation against him In the Star Chat: Mee' •
This are is about two :Deaths afterwards thus noticed In
the Report of the Lords' Committee 00 the use of the Earl
of Arundel:

_
" Though s Lad, at the nit of the King be sited
is the Sur Cbmober, foe a eastempt, * not, etc. jet
the suit is to be eft* by privilep of Parliament in Par.
lament time." '• • - ' • "

CAS! 07 us ssayonswortzLET.

- • 7- 66% 4110,__1026.77- -77 •
Oalimmai 1111 r. Bearer writes write letter for stay at
thresh is lass Chamber." • I • •
11th Aptth 111.1.—Repart •Of the-t firers; sa'the awe
of the itial-fof Arusdal,es which it is rushed by the Howse
of Lords—

" That the privilege of thh Home is, that no Pecs d

Parliament sitting the Parliament, or within the usual ti--1i•
of privilege of Parliament, is to be imprisoned or restrained
without sentence or order of the House. uole-s it he to.
treason or felony, or for refusing to give surety of the peace,
which is afterwards stated by them in a petition and remon-
strance to the King."
20'6 May, 1075.
Resolution...." That by the Laws and Usage of Parlia-
ment Privilege of Parliament belongs to- every Member of
the House of Commons In all cases except treason, felony,
and breach of the peace."
The above cases all assert the privilcre of Parliament to
the full extent of the ancient claims ; and it might be con -
tended on the face of them that they appear even to esti!).
lish an exemption of privileged persons, during time of pri-
vilege, from being proceeded against for misdonesnaurs. or
punished, after trial, by the sentence of any Court of Law ;
but, on the 17th August, 1641, the Commons, at a tini•-
rence, state to the Lord—

"1. That no Privilege is allowable in case of P -A.: •
betwixt private men, much more in case of the Pea.: of t.
Kingdom.
" 2. That Privilege cannot be pleaded against an -
'vent for any thing done out of Parliament, because all i:. •
dictmeats are contra pacem Domini fte„tis.
" 3. Privilege of Parliament is granted in regard of th •
service of the Cotttmonweath, and is not to be used to th
danger of the Commonwealth.

"-4. That all Privilege of Parliament is in the p Ter
Parliament, and is a restraint to the proceeding.; of l'l.ll. -
meat t and therefore, seeing it may, without injiv cr, •
denied, this being the ease of the Commonwealth, that'
calve it ought not to be granted."

14th April, 1697.
Resolved, " That no Member of this 110.1. c ha...! a .y
Privilege in case of breach of the Peace, or Forcible E , .
or Forcible Detainers."

Ors the 161 h May, 1726,
The record of the conviction for perjury of Mr. Ward
laid before the House of Commons, who proceei to cxp'•l
him ; but the Court of King's Bench appear to ha
passed no sentence upon Mm till after he had ceased
be a Member.

7th February and Bth June, 1767, the Lordi rewire—
" That no Peer or Lord of Parliament bath privilege of
Peerage or Parliament against being cmnpelled by proce.,
of the Courts in Westminster Hall to pay obedience to a
Writ of Habeas Corpus directed to him."
On the 29th November, 1763, it was resolv: 1
by both houses—
.

" That privilege of Parliament does not extend to ►l:t.
case of writing and publishing seditious libels, nor ought ti
be allowed to obstruct the ordinary course of laws in nh
speedy and effectual prosecution of No heinous and dangetuu
an offence ;" and since that time it bas been considered
established generally that privilege is not claimable for ally
indictable offence.

Four acts have been passed to restrain the privi-
lege of Pediment in civil suits; viz. 1 ia:ut I.
c. 13, the 12 and 13 William 111. c. 3. the 11
Geo. 11. c. 24, and the 10 Geo. 111. c 50 ; but in
all of them the immunity from personal arrest ,:f
persons entitled to that privilege is expressly re-
cognized.

In
consequence of the statement contained in the
Lord Chancellor's letter to the Speaker, " that the
right of the Court of Chancery to commit, in such
cases as the present, is unquestionable, and has
been enforced against peers of the realm," the
committee bare made every inquiry in their power
as to the instances in which such right has been
enforced against persons entitled to privilege of
Parliament, but without succes : two cases, indeed,
appear to have been relied on, but cannot be con-
sidered as conclusive. The first, which occurred
in 7 Geo. I. and is reported in 1 Peers
p. 701, is that of Viscountess Wenman, who, being
an Irish Peeress, and at that. time entitled to no
privilege whatever in England, was committed for
a contempt by the then Lord Chancellor. 'Thu
second, that of Lord Roscommon, an Irish Peer,
in the 10 Geo. IV. who was clearly entitled to rri-
vilege'of Peerage under the Act of Union, an ruler
for commitment fora contempt was made by the
Lord Chancellor, but never executed, or even taken
out of the Registrar's Office ; consequently, no op-
portunity occurred for questioning it in tho House
of Lords, the only tribunal which could decide on
the extent of that privilege.
The case of the Countess of Sliaftesburv, 10
Geo. I. reported in 2 Pears Williams, p 1 in.id
some respects resembles the present. The Court
there directed a sequestration, but did not att-mpt
to commit a Peeress, who had contrived and ef-
fected the marriage of her son, an infant of the
age of fourteen years, without the consent of his
guardian.

Your Committee having failed to discover any 1:1-
stance in which a Member of either House of Par-
liament has been imprisoned for a contempt (ex -
Inept by the authority of the House to which he b.
longed) since the early cases above refervd to,
which are imperfectly reported, have proceeded to
consider this case on the grounds of analogy and of
intrinsic merits.

The same principle on which it has been resolved
by the House of Lords that privilege shall not pre-
vent the Courts at Law from enforcing obedience
to a writ of Habeas Corpus seems to require, by
analogy, that the Lord Chancellor should possess
equal powers for the protection of the wards of
the Crown committed to his charge, and should
be enabled to exercise the most prompt and effectual
means to prevent them from being withdrawn out
of his jurisdiction.
The Committee find the right of Courts of
Law to commit privileged persona for some
highly criminal contempt' strongly asserted by
different writers, particularly by Blackstone and
Hawkins.

Attachment for criminal contempt has been
described as a judgment and execution, the con-
viction of an offender by a Court of competent
jurisdiction, and the award of a sentence for his
offence.

Your Committee therefore conceive thst the pre.
sent case falls within the principle under which
persons committing indictable offences have been
considered not to be entitled to privilege.
Under all the circumstances of the case the
Committee have come to the following Resolution :
Tbat Mr. Long Wellesley's claim to be discharged
from imprisonment, by reason privilege of Perlis-
liament ought not to be admitted.

ARREST TOR DEBT.—ABBE DE ST. ['FERRI'.
I have raid with pleasure," rays this benevolent point.
dan, m that, on the 4th of April, 1724, the Parliament ni
England passed a bill by sh eh any prisoner for debt ith •
does not owe to the same person above 10101. shell be dm.
charged from prison if he make over to his creditors all the
estates, goods and clam* be Is worth ; that, in consequence
of this merciful act of parliament, upwards of 100,000 per .
sons wtre set at liberty ; and that, in the last years, making
the sum for this liberation only DOI. 4200,000
debtors were from prison. By the same night.
adopted in France," adds the Abbe. " that country
posiossing a third elan inhabitints than England, I,ESO 000
deb:ers would be liberated, and, as we may put down nearly
one shilling Engliph, a day to the profit a man could make
of his talents, wbas y Immense addition of wealth would
awe' to the publ* well as what imam of comfeet nod
hapPinre4isnditaUl A law, mys the geed Abbe.
that
.calmniedatiry, is a defective law, iris either •
doilleisi gnomes, or it is ill /emend ;it is either me
sufficiently extensive in its object, et Its wowing is ob.
acure."—Manotrer peer crweinuer is amid de Awn.

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IMPERI., L PARLIAMENT.

HOUSE OF LORDS—Auausr 2.
In consequence of the announcement in the London Ga-
.:elle of yesterday, that it was the intention of their Majesties
to visit the House of Lords together this afternoon, in order
that his Majesty caught give his Royal assent to the Queen's
dower bill. and that her Mejesty might express her thanks
to the two boosts of Parliament for the ample provision
Aids they had made fee her maintenance in case of her
witiowhoed, a great nun.ber of individuals, undeterred by
the stormy appearance of the weather. were congregated in
the streets through which tie Royal procession had to pass
:ton Sr .lames's.i.siace to the House of Lords.
Her Majesty !eft the Palace in state a short time before 3
Lecntlitanitil by the Duchess of Kent and the Prin.
ICM Augusta, used escorted by a detachment of the Blues.
' he arrived at the House if Lueds at a quarter past 3 o'clock.
arrival she AWLS received by the Lord Chancellor, the
!:aSe.. of Norfolk, the Marquis of Lansdowne. Earl Grey,
. nil Lard Durham, itEd was handed by her chamberlain,
Carl He.we. through the painted ebamler into the robing.
loon, t: hb.ht the lathes of her suite mini( diately followed
het. Ir a quarter of nn hour aPerwards, his Majesty, who
ale. c oi.e In state. readied the House of Lords, accompto
I kit I.V great officers of his suite. On their way down
1,, the house, both their Majesties were received in the most
eratinsiastte manner by the crowds assembled in the streets,
and she numerous spectators in the windows of the houses
wi telt they passed on their road.
At 20 minutes past 3 o'clock, the Queen, attended by the
I tibeeis Augusta. the Duchess of Kent, and the ladies of
bet suite, entered the House of Lords, preceded by her
Chamberlain. Earl Ilowe. Tne land Chaucellor, the Duke
Norfolk, and Earl Grey. ushered Her Majesty to her
• ::air of state, which was coveted with crimson velvet, and
;act d on the right of the throne and level with it.
As soon as Her Majesty entered the house, all the Peers,
and a number of Peeresses, who bad been previously admit.
tad, rose up and made their obeisance. When they re.
:Aimed their seats, it was observed that Iler Majesty's chair
was surrounded by the ladies of her suite. The two young
l'rinces of Cambridge and Cumberland stood on her left,
and Earl Howe, her Chamberlain, on her right hand,
At a quarter before four o'clock his Majesty entered the
house, preceded by Earl Grey, who here the sword of state,
;:nd attended by the Lotd Chancellor, the Marquis of
Lansdowne, the Marquis of ihnricarde, Lord Durham, and
the great officers of his Majesty's Household His Majesty
hating taken his seat upon the throne, Sir T. Tyrwhitt, the
U,her of the Black Rod, was directed to summon the Com-
mons to attend at the bar of the house, to hear his Majesty's
picasure.
The SPEAIt Ed, followed by a numerous attendance of gen.
t :nen of the house of Commons, shortly afterwards appeared
:be bar, amid addressed his Majesty in these terms:

" May it please your Majesty—
" We your Majesty's most faithful Commons, appear be-
t re you with respect and attachment to your Majesty's
}'oust, and beg most humbly to announce to your Majesty,
t at in conformity to your Majesty's most gracious mow-
er =dation, we have passed a bill to make provision for her
I; Ist gracious Majesty, in the event of your Majesty's de-
c-ase, sod with dutiful respect we now present such bill to
Majesty for acceptance."
'."be Queen's dowry bill was then read by the clerk. His
I.i :testy gare it the Royal assent with the usual formalities.
Her Majtsty then rose and made an obeisance three times
the two Houses of Parliament.
Ten other private bills then received the Royal assent.
Their Majesties than retired, accompanied, as before, by the
r;e:trent officers el their suite. The house then adjourned
d .2 ring pleasure.
At rice n'clock'the Lord Chancellor again took his seat on
I woolsack.
IIE DUCHESb OF KENT AND r uiNcEss VICTORIA.
L:arl GREY presented the following message from his
31.9jet,ty, which was read first by the Isord Chancellor, and
afterwards b 3 the cLik at the table of the house :

W illiam R.
t• His Majesty, taking into consideration that since Par-
liament made provision for her Royal Highness the Duchess
of Kent, and her Highness the Princess Alexandrine Vie.
torts of Kent, circumstances have occurred which make it
necessary that a more suitable int:vision should be made for
her Royal Highness the Duchess of Kent, and for the suitable
ed.iii.ttion and maintenance cf her Highness the Princess
Aktandrina Victoria of Kent, relies on the affection and
attazitment of the Commons to take the necessary measures
for making such provision. " W. R."
The message was ordered to be taken into consideration
tnimorrow.
The Earl of HA R F.WOOD presented a petition from a
portal: in the Test Riding of Yorkshire, praying for an al.
ti rat ion in the heir bill.
Lunt WHARNCLIFFE, on the report being brought up
nm toe money payment wages bill gave notice that he
would move the third reading of it on Friday next.
'Tito Earl of ABERDEEN said, that as the noble earl
onposite had refused to lay before the house any information
relative to the invasion of Portugal, and to the occupation
of the capital of our ancient ally by a French force, on the
ground that the information would be injurious at present,
it was not his intention to bring forward immediately the
motion for its production of which he had given notice; but
as there was another subject connected with Portugal, to
which there was less objection, he meant the state of the
Azores, and the recent transactions there, he would now give
maim of I:is intention of calling the attention of their
lordships to test subject. There were circumstances occur-
rtrg daily, which added tresh importance to that subject;
mid he therefore gave notice that on Friday next he would
submit a motion upon it to their lordships.
Fart GREY asked the noble lord to explain the nature of
le- proposed motion.
Toe Earl of ABERDEEN, in reply, was understood to
mate, that he would communicate the precise nature of it on
at ...lily day previous to tie discussion.
lie LORD CHANCELLOR hoped that the noble earl
would I:wrote has motion to Monday next, ea al noble
:oles had left town Mk? the Impression that ea business of
importance would come on during the week.
The Earl cf ABERDEEN was understood to postpone
the discussion till Monday next. He was willing, as far as
lie could, to consult the eenvevienco cf noble lours, at the
S4llfl Mac be telt that this was a subject which would not
untint of house then adjoured.
HOUSE OF COMMONS.
The SPEAKER took the chair at three o'clock.
Sir W. GUISE presented the report of the Great Grimsby
Election Con mittet which declared the election of Mr.
limit. cud Mr. Shelley to Le void, on the ground of having
Lea: guilty of treating. He then moved tor new writs.—
Milt red.
Mr. o.coN:cr.LL moved that the writs be postponed in
consequence of the reform bill being before the house.
laad A LTHORP said lie thought the ease not one for
pestperement. as treating. not bribery, was ernv.d.
Mr. R. 0( RDON eueported Mr. O'Connell's motion.
Mr. GR ATTAN and Mr. CUL'ItTENAV thought there
wits no greunti for thia).
Amendment negatived eithout adivision—Motion agreed
to for the welts.
r. WILLIAMS presented a petition from Monmouth.
shire, praying that the Home would proceed with greater
rapidity with :he Reform Bill.
'lnc Marquis of CHANDOS gave notice, that he should
mute the transfer of Evesham (rent schedule B, to A.
Mr. WYSE presented a petition from Tipperary, against
the grant to the Kildate.etreet Nicety.
Mr. CILIMPTON brought is the Bill to amend this
Laws relating to Jurors In Ireland.
Read a first thee. and ordered to be read a second time on
.Monday.

lIIRMINUIIAM PETITION.

Mr. O'CONNlCCiriscTtslll;iititiOn from the Coun.
cil of the Political Union of Lainingham, complaining of
the factious opposition, and the delay consequent thereupon,
the minority of the reform bill.
The House was then summoned to attend in the House
of Peers, to hear the Royal assent given by his Majesty to
sundry hills.
The SPEAKER, on his return, having stated what bills
1.:-.(1 received the Royal assent, adverted to the petition 13414
t.y Mr. O'Connell. It had been mentioned to hint. He hild
uo hesitation in saying, that as the petition referred to
the Debates in that House, lie had no objection in saying,
without any reference to the merits of the use, that it was
disorderly, inasmuch as it adverted to whit were supposed
to ilsee been the proceedings and debates of the House,
ranch could not be known out of the House. He was
obliged to the honourable and learned gentleman for having
mentioned the case : it had relived him perhaps from some
uiffieulty, bnuwing the contents of the petition, he had no

hesitation in saying that it was contrary to the orders of the
house, inasmuch as it referred to, and was formed
on what were supposed to have been the proceedings in that
House.
Mr. O'CONNELL said, after what had been stated, be
should decline presenting the-petition.
Sir R. VYVYAN wished to make some remarks, as it
would now go forth to the public.
Mr. IXTTLETON called to order.
The SPEAKER said there was no question before the
Ilouse.
Sir H. VYVYAN only desired to prevent it from being
understood by the public that this petition ---
The SPEAKER said, there was no petition before the
house. _

Sir R. VYVYA N observed, that the public would un-
derstand -

The SPEAKER remind 1 the lion. Baronet that what-
errr the public might know, the house knew nothing of the
pe..tion. It was never presented. The rase had been very
comiderately mentioned previously to offering it ; and as it
had not ben presented, there was no question before the
110111... e.

Mr. M. O'CONNELL presented several petitions against
the Grant to the Kildare Street Society.
Mr. BROW NLOW presented similar petitions from
Mo:-.aglian and other places.—Ordered to be printed.
Mr. Alderman VENABLES moved for returns respect-
ing the produce of the Malt Duty for the butt year and a half
—0: Bert d. _ _

Mr. J. DU NCOMBE presented a petition from farmers
of Hertford, against the use of molasses in distillerieN.—
Iteterted to the Committee.