Star.
London, England, 1814-05-19 00:00:00

mosErgra....--.
PARLIAMENIwRr PROCEEDINGS.
---,---,
HOUSE OF LORDS, MAY 18.
In the Appal Cane e.. Lord Allen, judgment was affirmed.
In the. Appe .1 Hender‘m r, &I. . Malcolm; S-r S. Romilly
was heard for the Anpellaut, Iklessrs. Horner and Brougham lot
the RArspoitilent, and Mr. Adam in reply. Judgment was af-
firmed.
In the Appeal, Hepborne v. Cunningham, Mr. Adam was
beard In coritinpation, and Mr. Horner on the part of the Appel-
}ant.' Further proceedin, eon Friday.
The Royal Assent was given by commission to the Clergy Pe-
Mall Bill, ,he Innkeepets Rate of bubsistence lilt, the Lon-
don Docki Bills Bc.c. Ste. The Commissioners were the Lo tin
CTIAN4ELLOA, Lord C1t01.240 VOLLEY, and Lord 1: LDi.s DALE.
The Sugar Drawback Bill went through 'A COMMitter.
Sir J. Gs ahem and others brought up from the House °I Com-
enons the Canada 'l'rade Regulation Bill.
Mr. Clittsm, from the Admiralty, presented an .Account of
Sh pi of War built at the Out-porch since 1795.
Mr. Mimi, fin;.. :be Fleet rylson, presented an Account of the
Fees ottlat Prison, in pursuance cif the Order tit the House.
• • I - • MESNE PIiOCESS BILL.
Earl STANHOPE rose to move the second read-
ing of the Bill to ebolish Mesne Procees. In order to
prevent any misinterpretation of hissentiments respect-
, mg lawyers, he qbserved, that in the piotession of the
law' :is in all other professions, there were good, bad,
and indifferent individuals; but there was this marked
dioiaction between that and other protessions, that
those who belonged to the legal profession, and who
possessed integrity and•abibly, and a desire to do
right, bad more poWer to do good, and were • more
valuable members of soileiy than any other persons,
while on the other hind, if they were guided by dif-
ferent- motives; antl*ere instigated .to do wrong, it
was in-their power to dO more mischief than could be
done by any..otherclass of men. The recital in ;he
preamble of the Bill which he had introduced fo their
Lordships,- after reciting M::gna Charta, went on to
declare, that .Mesne Process was contrary to the an-
cient 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 ors!er to establish
hit proposition had quoted three Acts of Parliament, lil
which he ( Lord Stanhope) knew were actually not in
existence, hiving all been repealed shortly after they
bad been passed. This tact he • pretty well knew at
the time of. the Lord Chief Justice's statement ; but
he thought that it would not be sespecttul to iheir
Lordships, or the person who had made such a con.
fident assertion, to contradict it without due exarnio
nation. After having closely examined the Statute
BOok, he would now distinctly declare, that it did not
contain one single act in support of Meihe Process.•
With respect to the first Statute, that of Henry 111.
- iodid not gn on the principle of Metne Process, but
only to attack the bodies of those not possessing lands
or tenements, who might withdraw 'themselves, to•
compel them to render an account, and not to pay.
Bat even if it were not so, still this Statute aff tided
no contradiction to the preamble in this Bill, that
Mesne Process was contrary to the law of the land,.
NE U- it had been repealed. The Lord Chief Justice had
quote.:\teo other Statutes, which had both been. also
- tepee there WAS knowledge in a Lerd Chief
lelir
Justice! he acts to which he alluded were those of
Edward . an.l Edward 111. Were these in existence,
sill they would not contradict his preamble ;' but they
were both gone. .By the 25th of Edward the Third
it was enacted, that no man should- be indicted or pro-
ceeded.against on a process of common law, or put.
out of his liberty, unless bet tight to answer the de-
mand made upon him ; and not that, as in Meade
Process, he should be imprisoned seven months with
out knowing wherefore. By the 37th and 38th of ,
E,dwircl the Third, this enactment was confirmed,
vrittra partiCular reference to the city of London.— ,
The 42d of Edward 111. again confirmed these Sot-
totes, and all the points of Magna Charta, with this
remarkable declaration, that it any Statute existed
contrary to them, it sloolld be null. The nixt Act
that bore on the subject, was that passed in the
reign of Henry IV. for the regulation of Attornies,
the number of which 'it stated to be very mischievous
to.tbe community.' It called them .ocontentifsus ;'"
and if their Lordships preferred that phrase to petti-
foggers, he would . have nd objection to substitute it
in his Bill. .1t went on to limit the number of Attar-
nits, "to prevent them from being vexatious, to the
people," and fited-the number at six in Norfolk, s.ix
In Suffolk, and two in No"rwich. He would to Gon•
(heir Lordships ociald now coont the Attornies, and
reduce them to that number ! On this subject there,
had been continual battles, between the enemies
lit
liberty on the one hand, and those who supported li-
berty, justice, and common sense; on the other. Per-
petual encroachments were made, and as perpetual
efforts to put them down. -Adverting to the Pream-
ble of the Bth of Elizebeth, he expressed his readiness,
if required, to substitute that for his tan. It tepro-
bald, as his did, the. arrest or attachment of persons,
against whom, when they were brought to answer, no
declaration was made, and who were thereby expes,ed
tti great hardship and ex pence; an d the Bill en
dayecteds,
,
that a declaration should be put in, in three
front cite arrest, and nor delayed, as it now might be,
for stenos months; which was a most horribly injus-
tite, and contrary to mason and common Knee. A
great legal man-tad once told him, that he eotild'inot
reconcile Mesne Process to anO principle of reason or
common sense. Many instances had come to his know.,
ledge of the shameful hardships consequent upon it.--
A naval officer whom he knew, after an absence of
four years, returned home not owing a single shilling,
but by direction of some harpies-of attornies he was
arrested in ten minutes after his landing at Chatham,'
and must have gone to jail had it not been for a
No* 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 occasion. The lawyer told him that the event
of a law-suit must inevitably he an his favour: when
asked, however, how much the suit would cost, lie
replied, not above 4100. Now as the sum for which
he had been unjustly arrested.was but £3O, the naval
offieet begged the lawyer's pardon, and said he
should prefer paying the money demanded. He had
seen within the last fortnight another officer who had
returned home :Act spending seventeen years inh ic his
Majesty's service. Ole owed a person 420, which
lie had never paid, because be had received a letter
from his creditor desirieg him to snit his own conve-
iniosce. He was however pounced upon by meant
process. And to how much did their Lordships iota,.
gine a cooseienticeis attorney contrived to run up the
costs in two months 1 To 4615 U !—Was not this
wavy isal.alous ? -Was the authority tee such a nefarious
bee to be permitted to remain on the Statute-
.

\

IN.-

book? Aroniser person, a respectable merinasts of
the name of Malik (his were not sham cases), ttpv-
ing gained a lawsuit, gave his attorney power to re-
ceive the proceeds To his great surprise, however,
the attorney, without asking his leave, reserved .out
of these proceeds di° for himself. Mr. Mattle on
this applied to an honest attorney, (a plant of rare
growth), who scratched ou, most of the charges, and
signed his name at the bottom of the ljill. On Mr.
Maple's expostulating with the first man on his ex-
orbitance, tile insolent answer was, 4. if money is an
object to yon, it is none to me, talk it back." The
more he investigated these subjects, the more he was
persuaded, that as the mystery of special pleaders
WAS to annul common sense, (an opinion which he
had before advanced in that House) so the mystery
of attornies w:ts to annul common -honesty. Hudi.
bras had very justly and very finelz apostrophized
them--
You pettifoggers, damn your souls!
44 Who Aare with knaves in cheating fools!" •
The mesne process was peculiarly injurious to -corn.
merce. A merchant could not always command his
capital, and if suddenly attacked, he must frequently
stop payment and be ruined; for bail was not always
to be obtained. The other day, a merchant so at res-
ted by mistake was ruined in consequence, the cir-
lcomstance having thrown him on his back. And in
one' of the ablest and best reasoned letters that he had
ever read, it was observed by the writer, that he
would father trust a man with a smaller capital if
there were no mesne process in existence, than a man
with a large capital if the mesne process were .in
force ; because the mesne process might bankrtipt the
one, from which evil the other miglitbe exempt. There
was another class of to whom mesne process was.
very injurious. He appeasled to the Bishops, some
of whom had once been poor themselves, in behalf of
their poor brethren. A Reverend Clergyman with a
large family, opposed by illness and other evils,
might be.suddenly taken by mesne process and drag.
ged to gaol, there to lie exposed, perhaps, to t' -e se-
verest rigours of winter for seven months, without
knOwing why, apd for twelve or fifteen months with-
out a trial ot his case. The English slave trade was
worse than the A frican slave trade. The African
slgi-e trade affected only individual negroes, but in
this not only the indiv,idual immediately affected was
in allprob:ibility ruined, but when he fell others fell
in succession, like a set of nine-pins. As therefore
their Lordships, in their justice, humanity, and policy
had abolished the African slave trade, he trusted they
would assist him in abolishing this English slave-
trade, which was more cruel because applicable to a
greater number of persons.
Lord ELLENBJ ROUGH repeated his assertion
on a former evening, that the recital in the preamble
of the Bill introduced by the Noble Lord -namely,
that mesne process was contrary to- the ancient law
of the land—was unfounded ; and added, that no
dtfference was made in the question, even. were the
three statutes to which he had referred repealed,
which he did not believe they vrere. But if he had
only qtio•ed the 53d of Henry 111. (enacted so sir n
after Magna Charta). it would appear by that ilia-
tuie that persons were then liable to be held to hail
on
mesne process. The preamble of the Bill stated,
that attachmt:nts of the nature to whichlhe Bill re.l
ferred were against Magna Charta. That he posi-
tivt;ly denied. They were rev -old es the law. Ar-1
i rest for contrmot,was essential to the protection
all the Courts of Justice, and was coeval with
'establishment of those Courts. It was a perverted:
view of Magna Charta to say that mesne process weer
`in contradiction to it. But if it had been so, was not'
a subsequent legislative proceeding, that ofthe 53d of
Henry 111. equally potent ? At all events the Act of
Henry VI. in 1414, defined the thode in which per-
sons arrested on mesne process should he delivered
on putting in bait to the Sheriff; so that the practice
which the Noble Lord had pronounced contrary to
the ancient law of the land, had unquestionably exist-
ed 370 years. Since that period certainly every thins
had been done to mitigate the evils and incoovent-
encies of arrests. By the statute of the 13th Char. II
the material alteration was introduced, that unless a
party stated the true cause of action, he could not
hold to bail for a larger sum than rE4.O. That act also,
let it be obserVed, referred in its preamble to the anti-
quity
mesne process, for the preamble commenced
dies Whereas, by the ancient ar.d fundamental
law of the land," &c. Still, however, it was not pro.
vided that the party should-swear to the mile of ac-
tion until the 12th of Geo. I. which enacted that un-
less a party made affidavit of the cause of action, he
-'should not hold to bail for a sum less than 810 in the
superior and 40s. in the inferior courts. By a recent.
bill the such of £lO had been encreased to 415, at
which it stood. In actions of trover, in which the'
vale was very uncertain, the judges had interfered,
and had 'declines.' that no person should in future be',
held to bail in trover, but under an-especial order of
the Court. And it had so happened, that few in 4
stances had occurred in which parties in troyer vero,
*Allowed to hold to bail at all. in cases in which par-
ties sought their retnedy by action, if it proved to be
a malicious proceeding—if, for instance, in a case in
which £lOO was sought, only OM was recovered, the
'parties so proceeding not only did not °buil-. their
own costs, but were compelled by the Court to pay
the costs nl• the defendant. Soon after he had the
honour to fill the judicial situation which he held, a
Noble Lord brought into the House a bill similar to
the one now proposed. On that occasion the late
Lord Kenyon, an individual of unimpeached jus-
tice and humanity, having enquired how many per-
sons arrested on mesne process laid at once, and hav-
ing found that in a great majority of cases that was
done, opposed the bill, and argued as he (Lord El-
lenborough) did,. that, however painful the usage
might be in some cases, yet that in a great multitude
of uistances, nothing could be more beneficial or more
humane to the parties arrested. The Noble Lord had
treated the subject as if it has' become peculiarly vexa-
tious at the present moment. He would distinctly'
deny the inference that the laws were strained for the
.oppression of the subject. Every possible care was
taken to qualify and mitigate then by the auperin-
tending vigilance of the. Courts of Justice. If any
abuse existed in the Courts ot Westminster Hall, it
any act of oppressive severity had taken place in them
he called on the Noble 'Lord to adduce it. Situated
as he was it might not be seemly in hint to speak
highly of the profession of the hiw, and yet &ere, were
Occasions; (and this appeared to be one) in which a'
member, ifivrever 'unworthy, of 4.• tirtqlaien 'was
called upon, in Ostice iti`tharptdessug Co disclaim'

.

1 . •

theimputations which hat" been thrown upon► it. He
had sufficiently proved that the usage in q6estion was
in conformity to the ancient law, and was not a vexa-
tious innovation. If the Noble Lord continued to at-
tack it, therefore, he must attack it on another princi-
ple. On this subjeet he would trouble the House no
,longei . The Noble Lord had said many things which
only provoked his laughter, chastised indeed by Lis
shame at being betrayed into a laugh at such ri-
'b,tldry.
L•Jrd HOLLAND observed, that a prodigious
number of persons were every year dragged to prison
under arrest, by Mesne Process, without its producing
the payment of the money. The Noble and Learned
Lord had, he conceived, not proved that this practice
was authorised by the ancient law of the land, he
having always understood, that, the ancient common
law of the land was to be considered as that prior to
the reign of Rich. 11. It enuld, however, only have
been sanctioned by the ancient law of the land upon
the ground of its compelling the payment. of the
money ; and *hen it was proved, that in numerous
and repeated instances this object altogether• failed,
he thought it was a strong presuthption against the
policy of its continuance. He should therefore vote
for the second reading of his Noble Friend's Bill.
The House divided on the question for the second
reading—Contents, 10—Not Contents, 43—Majority
33. The Bill was of course rejected, together with
the other, Bill-of Earl Stanhope, relative to Debtors.
Adjourned to Friday.
'•
HOUSE OF COMMONS.

The St•eeasa stated, rhar the Royal Asient had been given
by commission CVseveral public and private Acts.
' The Harbour PUS was frail a second time, and ordered to he
committed onto-morrow we'nflight, after a rew words from Mr.
P. Carew, Mr.Tremayue, Mr. Croker, and Lord Milton.
THE CORN LAWS.
Mr. GORDON brought up the Report of the 2d
Resolution of the Report of the Committee on the
Corn Laws.
The CHANCELLOR of the EXCHEQUERI
moved, that the House shottli 'adopt the Resolution.
Mr. CA LCRAFT said, it would be necessary for
him to make a great deal more inquiry into this sub..
ject, betore, in the present circumstances of the coun-
try, he could come to any determination upon it. He
considered the provosithln as totally.inapplicAbleio
this country. It was as much the interest of land.
,bwners that there should be an abundant supply of
corn at a moderate rate to the people, as it was the
terest of the people themselves. He allowed that it
was necessary rents should rise in proportion to the ex-
pence of living ; but if other things fell he saw no
reason why rents ought not to fall also, when land was
let too high. In Ireland and Scotlatid, where land
was let a great deal too high, nothing but the adep.
tioit of a proposition like that now before the House
could keep them froth falling. He merely took this
opportuni:y of,saying a few words, that he might not
be pledged to any system, unless he saw his way much
cleanr titan he did-it,ptesent.
Mr. Alderin In.ATKINS said, the. Hon. Baronet
kr••ew very well -thet tire principle of the Ri.port ob-
tain, d his approbation in the Committee ; but the
Report had been so altered from what he thought to
be the understanding of the Committee, that he could
not agree to it without farther enquiry. It was his
opinion that the sum to be fixed by them ought not
to go beyond 80s. ; and it was his intention tnerefore
to propose, as an amendment to the Resolution; .to
begin with a duty of 20s. when the [nice was 601.—,
I 15s. when the price was 655. and so on, the duty to
gularly decreasing in the same proportion till the
price came to BUs. when it should cease.,Till he saw
th4t the agriculture of the country could not gn on
without a measure like the present, he was unwilling
to consent to a prohibition of the importation of

grain.
Mr: POLE CAREW had no doubt of the-ability
of this country to maintain its own inhabitants, when
he considered the extent of land still uncultivated.—
In his opinion the leading features of the Report were
incontrovertible.
Mr. BAN KES thought that another Committe,
ought immXdiatel)ito be appointed. A great dea.
of matter had fallen from several Gentlemen in the
*course of last night which was well deserving of con-
sideration. A great deal of accounts were still wan-.
ted ; and they ought also to have the oral testimoo)
of those persons who were best acquainted with tl►e
state of the corn trade in this country. They were
ignorant of the state of the import trade at this mn
ment ; and they ought to have the accounts brought
up to the latest time, that is, from January to April.
He conceived thatit wool,' be best to have a Select
Committee appointed. By the employment of due
diligence, in the coarse of a fortnight the Committee
might actually be epabled• to lay before the House
much valuable matte, without which, it would nei-
ther, be honourable for themselves nor safe for
,the
country to proceed further in the present subject.
Mr. THOMPSON said, the present discussion
must have removed many misapprehensions on the
subject. He merely wished to say a few words in
favour of the growers of. corn, who had a great claim
on the indnigence of the House. he wished was
that the farmer should have a seasonable profit, after
the payment of rent and taus, but thin would be im-
possible' if foreigners were. allowed an unrestrained
competition with him in the home market. While
the trade in every other commodity was restricted ,
it would be unsafe for that in corn to be free.
General GASCOIGNE thought the House ought
to have all possible information on the subject now
before them. Within these few days, great specula-1
tions in corn had been made, on the certainty•that if
this measure should be adopted, a great rise would
take place in the price of that commodity. But
whatever ultimately might be the decision of the
House, it would be satisfactory to the people to know
that every inquiry had been previously gone into.
Mr. HUSKISSON rose merely...with a view to
notice, the observation which had fallen from the Hon.
Gentleman who spoke last respecting the speculations
in corn. It was quite impossible, in his opinion, fur
any person not to 'perceive that from the supply of
grain at present in this country, there was no proba-
tility of any rise in price before harvest. This was
one reason tor his wishing to proceed with the sub-
ject; at present. There were many persons in the
House desirous of defeating the measure ; and at the
preseitt advanced period of the Session he shoOid de-
spair of any Report of a Committee being laid before
Abe House in any reasonable time to admit ot subse-
quent disetusiou j and thus asteeiug to a_select Com-