Star.
London, England, 1802-06-04 00:00:00

PARLIAMENT/MI Pk:CEEDINGS.

HOUSE OF LOADS, 'MLR snAv, JUNE

Mr. Moore WAS for the Alrtllaut, in tl:e rani,
at Joitt•!tore tidal, 4tol Mr. Attorney
IA: for the R. in parr.
imitic% :All JO rank Money•r.ir !Mu Serv,ec din Lad
Coe Cb.‘tiot, 10, the Su;:ir bin. the Ira
lk:!rils.r. Bi l ward omv.ini.; of eigo
tc. it other toll 3, f v. ml of them 1,10.1;e: :ea.! fever.il inzlolure
Bills. rec..ived tire P oral 117.—it by l'ortuntrtoo.
Sc tteh Rig, Cr: :: Tlllvry Biil
;at.: f w,re ougliCup trout the Cennm•noi.
~rd ?.!ratio: for a net -n CcraltrC Ola the Lb
:NB:niter. Vil j'ut
EARL OF R:.:(1“

llte Earl of DAKNLEY Tl`f! to remind their
Lord(hipsoffonte proecedin2,s that had taken plact
three years ago relative to the p,:d;giee of the Eat)
of Eel-I:city. The proc•reditig., to which he had
ail ided had occupied att.. ntio» of the Houle
for frime weeks, :u were at ;,:!%tli put an end to
hv the motion of a Nobl, and Illtittrious Duke op-
polite to him (the Doke otClarinice) ; and as that
motion left the proc:etrlinzi in .t very unlined
aod iniperfea Hatt', he thout;lit it highly necc(fary
for the honour and feelings of the noble perfons
implicated in the ensui: y imlittned. to move for
the revival of tit•Nfe proe,:edittirs, and these/tire he
svntild %sills to lt.qe the queltion i,t adjournment
read.—The quAion WA% accot Jingly lead front
the minuet 1:nok of the Committee of Privileges,
and was as It:Mows:

Die 7ev;r, 20 7W3ii, r 799.
" Then it was moved that this Committee do
" now adjourn. Accol Jingly the fame was ad-
" journed."
lan.d Daamtry returned his fpeech, he laid
malty of their Lordthirs would douhtlels recollea
that the grounds which lid to the motion of the
Noble and Ilittlirir,us Doke were there : a Noble
Dike whom he did not then fee in his place (the
Duke of Richmond) hail pit a queition to a wittier.
at thebar,which involved in the .ins wer it called for
what mutt necetlirily leave given great offence to
the delicacy and feelings of the noble perfons im-
plicated in the refult of the invetiigation then pro.
ceeding upon. He had therefore, his Lordship
Paid, taken the liberty to objefi to the quellion
being put, and a converfation arifing thereupon,
a noble and learned Lord now relent arongly re-
probate.: the whole proceeding as futile in itfelt
and inapplicable to any funaions that the Houle
poileffed. In confequence of which declaration,
and a coincidence of fentiment in the minds of le-
veral other noble Lords, the Noble and Illuftrions
Duke moved the adjournment, which was agreed
to. Lord Darnley laid, it was not neceffary for
him to detain their Lordthips with entering into
further particulars of what pallid in 1799np0n the
fabjea, he would therefore content hinifelf with
moving, that the laid proceeding be revived in the
Committee of Privileges next Thurfday.
Lord Tr+ vitt-ow rote and laid, that for the very
resin which in t 799 induced hint to (late his ob-
je4tions to the proceeding then Foing on, lie mull
refill the motion hill made by tne Noble Lord.—
He objeaed in 1799 hecanfe the Houle engaged
in a tranfaEtion that was in itfell a nullity, the
Houfe piddling no jurildiaion whatever over fuch
a cauti: as they were then engaged in. They were
in fa& trying a cattle invr.leing the intereft of par-
ties not before them, parties who were minors, and
a calla! involving contiderations of great delicacy
with regard to the feelings r f noble perfons, with
the difpolal of whole property they had no right
to interfere, and in a manner perfeeliy repugnant
and rave lting to every principle oflaw and jentice,
becaufe all their examinations of pertints called to
t re bar amounted to nothing, it was not evidence,
and could not be received as evidence in any
Court of Record in the kingdom. But, exclufive
of this, his Lordthip laid, a new and hill Itronger
reafrn had rifen in the haerval since 1799.—
He had been informed that a regular procefs had
been initituted in the highell Court below, the
Court of Chancery, where legal evidence could be
re:oil:10y taken, and which mutt be received as
furl in every Court of Law in Wettnaintter Hall,
a:ld the refult, he was given to underfiand, had
been, that the Earl of Berkeley's firtt marriage
had been. by a body of itnqueltionable evidence
clearly efiabliflted, and his eldeit fon not only
proved to be his firll born male itfue de faaa, but
his legitimate eldt It fon. All the clouds and doubt,
therefore, that had been thrown upon that very
interelling and important circurnilattae, on account
of the frit marriage having bred celebrated in
p: irate, and a second mat riage Leen lubfequently
celebrated, were removed taid cleared up. His
Lordship laid, that in addition to the reafons that
he had tkated, winch had led him to obje& to the
proceeding:. :aoiiig int in that hottle in 1799, and
which now induced him to refill the noble Loid's
nt }th,n, one I:rang additional ar:;nment againil
which arofe out of the Iron ra the vtrente being ex-
amined, v•liich was eilential to the met its ~f a cattle
the native lie had defcribed, arid to the intereits
or all !I:1 parties whenever the parents tellimony
c add be h.gally taken and made matter of legai
av,lenea, and in the cafe in the Can rt of Chancery
it V. AS haeal evidence, but in that Houle the pa.
rams conid not even be beard. io i'Al*,tlicrct;tre,
f,.,0r cons:wain: in opinion that the proceeding
Would he vane we'd helot e their Lot elt hips, he !honk
f. int a vary dilrerent mode of proceeding, and
sh.•• wonl.l hi , to move for the repeal of the ftaud-
in
oid.a. and annul the orders nine(' to Glynn
fi:araa of Arms under its ambority. His Lot ilthip
d:railed the particular power.. that were given to
Garter King of Arms wider that Order, and mt.
foiled optat their clie t. iii order to thew the abint •
dity and inefficacy of any Mottii y intlittacd by
virroe of what Garter King, of Arms thor.ght it
his duty to bt lug forward in ci ;di:qui:nee of the or
cLr's reference to him. After a good deal of rea
foiling his Lot dflrip concluded tatit moving as ;e•
aa'inlmcnt to leave out the principal words, anti
to infert, "that the flanding order he repealed."
'I" LORD CH act. L LIM left the ',Vociliciet, :tad
176,1, it. had not born his 0:n oft fru-tune to heir dir•
tinnly what the ;:01,1.2 Lord who made the erigi-
i n moti•tu ht:Ad idles, and as to what had patted
*lt Ilantie,on a former occa lion, their Lot tails.
would recelka, that be had cut at that time the

honour of a fe,rt in the I-lonfe. rie :anew, therefore, 1
aothing refpeetin7 them, further than what Lad
e .me to hi: knowledge by means of a proceeding,
hat had replarly been brought before him, in the
;dace in which his Majetly bad done him the
'ionour to place him, he meant the Court of Chan-
,:ery. A procefs bad been there formally inditut-
ed, in cnr&oucnce of a trait brought by a minor
to efiablillt his right to chic' flip, in coillequence rd
which he claimed a to his fitli.:r's title and
honours, as well as 11;s fortune after his demife,
whenever that event fhonld tal:eplace ; that claim
depended altogether on his own legitimacy, which
could nr.ly he ettabliared by the validity riir his fa-
tlitt's marriage previous to his own (the ton's
birth) being legally 'roved. It was undoubtedly
true that the tellimony of a father and mother can
in Inch a cafe he taken in the Court of Chancery,
and is to all intents and purples legal evidence,''
:;s it w:ntld be in every othu.r Court of Law, where
it mull ever continue to be received in future time'
as a legal record, after their demife, whenever an
iffne (hall he to be tried to which it bore relation,
becaule it is taken ,"rt ,h.ipekiam rei mrmoriam, as it
is rtfually termed. Upon the pleadings and depo-
fitions urged .ead produced in the caufe to which
lie had jolt roared, the legality of the firft mar-
riage of the Earl of Berkeley and his prefent Conn-
tefs was fully proved and ctlablithed. But it was
a praCtize of that Court, founded on the )bra bed
perneiples of equity and jullice, to allow a pet ton
actin{ in the charaCter of what was technically
called the near ft icnd of any other of the children
horn fubfequently, and after the celebration of the
fecond marriage, to enter a claim on behalf of
Inch other child, in order to have it recorded, to
remain hereafter to be brought forward, in cafe
'itch minor, when become an adult, and after the
demife of his parents, fhould clinic to litigate the
claim to recorded, and in that cafe, he, as well as
his brother, would be entitled to all the advantage
of his deccafed parents' evidence having been
ac-
corded, in order to preferve it in perp'uam re.; me-
mcriam. His Lortifitip. laid he (poke with great
deference, and he might fay almofl with trem.
hling, when he oppofed any reafiming of his to
any opinion advanced by his Noble, Learned, and
Experienced Friend, the Noble and Learned Lord
oppolite to him ; but there was a fhade of differ-
ence of opinion between them upon a part of his
Noble and Learned Friend's argument, which he
Rated. His Lordfhip carnefily cautioned theHoufe
againfl inflituting any proceeding within thole
walls that might eventuallyiu poliibility weaken the
genuine ,
effed of the legal evidence already record-
cd in a Court of Chancery ; and treclared that he
not only spoke from his head, but he might on
fuel; alt uccafion fay, he fpoke from his heart, when
he gave their Lordthips this advice. He added
more oblervations, all tending to enforce the feri-1
oils caution that he had preyed upon them with fo
much anxiety and earneltnefs.
Lord DARNLEY lamented that he had not made
himfelf clearly underflood by the Noble and Learn-
ed Lord ; all that he withed to do upon the pre-
fent otcafion was to remind firth of their Lord-
fhips as were in the recollection of what had pail
fed in 1799, by the proceeding having been ad-
journed ; and as it was then left in an unfiniffied
(late, to move for the revival of the Committee,
in order to difpofc of the whole matter one way
or the other, fo as to put an end to it ; but what
had fallen from the Noble and Learned Lord near
him (Lord Thurlow) made it indifferent to him
whether his motion was agreed to or not. His end
would he fully anfwercd.
Lord THURLOW rofe to reply to what had fallen
from the Noble and Learned Lord on the Wool-
lack. He fhortly recapitulated his former argu-
ments, in order to convince the Houle of the in- ,
efficacy of trying a caufe ex parte with the parties
not before them, where all their examinations of
witneffes went for nothing, as it could not be re-
ceived in any Court of Law as legal evidence, and
thus continuing to carry on proceedings by which
nothing could be got. In order, therefore, to put
au end to fuck prances, and to get rid of the dif-
grace of inttituting a mode of trying caufes un-
known to any other Court of Judicature in the
kingdom, he would move that the )lauding order
be repealed next 'Thurfday.
The Duke of NoavoLc Paid, was the Noble and
Learned Lord aware that he could not move a re-
peal
of a handing order without giving a previous
notice ? he apprehended, therefore, that the Noble
Lord only meant what he had laid as notice for
Thurfday next.
Lord TH CYR tow Lid he was in order corredny.
That the rule Oas to flute a motion for the repeal
of a (landing order, and name a fubfequent day
for taking it into confide' ation.
The Duke of Noarota faid,he &fired it might
he armlet flood that, under filch a notice, it would
he impotfible to do arty thing more or beta than to
repeal the whole ilanding order,wliereas, perhaps,
'lime Noble Lord might with to modify and amend
it, fo as to refcind the objeCtionable part, and Rill
preferve the unobjectionable part, under which
their own dignities had been maintained, and
much good had refolted from it.
A (tort converfation took place upon this part
between the Duke, Lord Thurlow, and the Lord
Chancellor.

?,nrd It Low raid, among other things, that.
they might make any order they pleated in order
to preferve the dignity of their proceedings, but
that he would not give a pinch of fun' for all the
pedigrees that had becn laid on the table.
Lord DARN LLY role one: more, merely to ex.
prek his willies that let the turn of that proceed-
ing be what it might, the Noble Earl who had been
die main fulbjea of all that paired 41 insi, to
which h' and other Noble Lords had referred that
Jay, would not be fuffs-red to remain without fume.
.Ling being done to remove the very implcalant
t.clings that moil have agitated his mind, and
Jett of his noble family for ionic time pall.
At Itugth Lord Darnley's Motion •••as put, and
he Not Contents had it, and then LordThurlow's,
hick was agreed to.

AMOUNT OF PRODUCE OF OLD STORES.

The Earl of SUFFOLK Elated, that, according
to the papa- laid on the Table, it appeared tinder
the hc.td of Pcntions and Gnituities paid (du of the