The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1833-11-22 00:00:00

CORPORATION COMMISSION.

COPY OP RESOLUTIONS PASSED AT A COURT OF ASSISTANTS OF
THE MERCHANT TAILORS OF THE FRATERNITY OF SAINT
JOHN BAPTIST, IN THE CITY OF LONDON, HOLDEN AT THEIR
UALL, ON THURSDAY, THE 24TH OCTOBER, 1833, AND AGAIN
BY ♦DJOURNMENT ON THURSDAY, THE 14TH NOVEMBER, 1833.
Resolved unanimously,
That this court are ready and willing to disclose every thing
relating to the affairs of this company before a competent tri-
bunal.

That, deeply impressed with sentiments of the most profound
respect and loyalty towards their sovereign, they are prompted
no less by inclination than by a sense of fluty to
yield implicit
obedience to all authority constituted according to law.
That, entertaining doubts how far the commission for in-
quiring into municipal corporations is in accordance with law,
and whether, if it be so, it extends to corporations of the nature
of the Merchant Tailors' Company, they have thought it right
to submit those doubts to the consideration or counsel learned
in the law.

That, upon mature deliberation, aided by the legal advice they
have received, they entertain a strong conviction+
That the crown cannot by virtue of the prerogative alone
compel any subject to make communications or disclosures upon
oath, or otherwise, except in a due course of the administration
of justice.

That a roving commission to inquire for grievances, and to
compel answers, is clearly contrary to law.
That the members of corporations can in no respect be com-
pelled to make any answer to the commissioners appointed by
the crown touching any of the matters propounded in their que-
ries, or within the scope of the commission.
That the method prescribed for executing the commission in
question, by summoning the officers of the different bodies whom
the investigation affects ; forcing disclosures of titles, or of de-
fects of title, by an extra judicial oath; looking for abuses with-
out a specific accusation in legal form, and by causing the produc-
tion of an oath, without any cause depending at the suit of a party
interested, of the muniments and other writings of corporations,
is not only a wide departure from the ordinary course of law but a
grievous violation of the liberty of the subject, and of highly
dangerous example to the security of property.
That the address or concurrence of one house of the legisla-
ture only, as the law now stands, can add nothing to the vali-
dity of the commission in question.
That although the House of Commons claims a power to en-
force, by means of its own privilege, the attendance of witnesses
and the production of papers and records before its own com-
mittees of inquiry, yet it cannot communicate such a power to
the crown ; and the privilege of the House of Commons is not,
like the prerogative of the King, reducible to any control of a
court of justice, nor, .perhaps, to any strict definition, so that it
must ever depend entirely on the discretion and moderation of
that assembly whether that privilege shall be exercised for the
real benefit of the people or in a manner wholly inconsistent
with justice or liberty, as it certainly must be whenever the
House of Commons shall assume a jurisdiction which properly
belongs to the legal tribunals.

Tha"t tha know; and lawful manner of inquiry into the mis-
conduct of a corporatiOn, or into the improper exercise of its
franchises, is by information in the Court of King's Bench,
which can only be granted upon some specific charge, or to re-
dress some specific grievance.

That a commission from the crown (and the same may be
said of a committee of either house of Parliament), for the pur-
pose of finding out matters of complaint against every corpora.
tion in the kingdom, if it were armed with compulsory powers,
would be liable to all the objections which were justly urged
against the qiw uarrantos of Charles the Second, without even
regarding, as they did, the forms of justice.
That even assuming the commission in question to be legal
and effectual, as regards Municipal Corporations, the Merchant
Tailors' Company is not a Municipal Corporation, and does not
therefore come within the scope of its inquiries.
That the term " Municipal Corporations" seems to refer to
those Corporations only which embrace cities or towns as eon-
tradistinguished from such as possess no local jurisdiction what-
ever, but merely relate to persons, professions, trades, mysteries
or commercial adventures, having no concern with the adminis-
tration of justice, or the maintenance and regulation of the
police, or the preservation of the peace.
That, if this be not the sense of the words " Municipal Cor-
porations," it is difficult to conceive why they should not com-
prehend the Colleges in the two Universities, the Universities
themselves, which do by their charters invest the Vice-Chan-
cellor with the office of Conservator of the Peace, the dean and
chapter in every cathedral town, the Bank of England, the East
India Company, the College of Ph) sicians, and many others of
the like kind, as well as the trading Corporations and fraterni-
ties of particular mysteries.
That this court, moreover,. being, for these reasons, satisfied
that any information given by their authority to the municipal
corporation commissioners would be purely voluntary, feel that
they cannot, consistently with the ancient and lawful oath
taken by each individual on his admission to the Court of As-
sistants, disclose any matter which in their knowledge or judg-
ment was not intended to be published.
That this court, in declining to give any information what-
ever to the Commissioners appointed under and by virtue orthe,
commission aforesaid, are desirous of assuring the commission-
ers most respectfully that there is nothing in the history, con-
stitution, or administration of the Merchant Tailors' Company
that the members of this court have, collectively or individually,
any wish or interest to withhold from inquiry.
That, on the contrary, it would be a source of gratification to
them to have the opportunity of demonstrating the increased
and increasing extent and utility of the charities, which, us well
by a due economy of their 'revenues as by the munificence of
several of their predecessors, members of this court, they have
been able to establish and to enlarge • but they are actuated
exclusively by two considerations • first, the oath of office,
which they think precludes them irom voluntary disclosures ;
and, secondly, the persuasion that the universal, though reluc-
tant, submission of all the corporations in the kingdom to a
commission so manifestly unlawful, and, in, their judgment, so
inconsist'ent with the security of the property and rights of the
subject, could not fail to be treated as a sanction to such an
exercise, of the prerogative, and to become a precedent full of
danger to future times. Wherefore they conceive it to be the
more especial duty of such of these bodies as have no favour to
expect and no danger to fear to meet this unlawful encroach-
ment of power with unqualified resistance.
licsolved,—That a copy of these resolutions, and of the opi-
nions of counsel, be transmitted to Sir Fras. Palgrave.
By order, .
(Signed) JOHN B. DE MOLE,
Clerk and Solicitor to the Company.

COPT OF TILE QUERIES AND OPINIONS OF COUNSEL UPON
THIS SUBJECT OF THE. MUNICIPAL CORPORATION COMIIIs-
sION. _

Query 1. Whether municipal corporations are legally bound
and compellable to furnish the information sought for by the
Municipal Corporation Commission, and by the first list of que-
ries propounded by the commissioners ; and if so, to what ex-
tent ?

Sin JAMES SCARLETT'S ANSWER.
I am of opinion that the crown cannot by virtue of the pre-
rogative alone compel any subject to make communications or
_disclosures upon oath or otherwise, except in a due course of
the administration of justice. The crown may issue a commis-
sion to hear and determine offences against the law; and in
cases where the crown is visitor of ecclesiastical corporations or
hospitals, it may visit it by special commissioners, as well as by
the chancellor ; but even then, the visitorial power roust be
called into action, like any other judicial power, by the com-
plaint of some party grieved, to whom the ordinary means• of
redress had been refused, or by way of appeal from some do-
mestic forum which has exercised its judgment upon a specific
complaint. But I apprehend that a roving commission to in-
quire, fur grievanixs, and to compel 4uswers, even in cases
1, Le. e the crown ',sit 'uy cummis6mners, much more in cust.6

where it cannot, is clearly contrary to law. As to civil corpo-
rations, therefore, I think that they can in no respect be coin-
pelled to make any answer to any commissioners appointed by
the crown, touching any of the matters propounded in the
queries, or within the scope of the commission. There can be
no civil liberty where the law that protects the rights and en-
joyment of pi operty, and of privileges or franchises, is not ad-
ministered in a certain known course. It is a principle of the
common law, which is ever favourable to liberty, that the King
cannot administer jnstice except in his courts, and by the
judges duly established. It is said by Lord Coke, that courts of
equity exist only by prescription or by statute; that the com-
mon law is the inhei itance of the subject, and therefore that
though.the King may by virtue of his prerogative constitute a
new court and judges to administer justice according to the
common law, yet it cannot without the authority of Parliament
constitute a new court of equity, or a court ecclesiastic. It fol-
lows that he cannot compel any person to make disclosures,
even for the avowed purposes of justice, or the redress of
grievances, except in the established courts of equity, or by
courts administering justice according to the common law.
It is even said by the same high authority that the King can-
not by law appoint commissioners to inquire only, and not to
determine. lids is certain, that by the common law, which is
the right of the subject, no man can be compelled to disclose
any matter that may expose himself to peril, except in a due
course of justice. It seems to follow, therefore, that the Crown
cannot appoint commissioners for the mere purpose of compel-
' ling disclosures of any kind. Commissions for inquiry may be
the source of" much useful information furnished voluntarily ;
and it has been the usage to issue such commissions either under
the Great Seal or under the sign manual in matters relating to
the departments of the executive government which are under
the control of the King, or to the administration of justice ge-
nerally; but, in my opinion, it is not consistent with the law or
the liberty of the subject that commissioners appointed by the
Crown to inquire into matters of property or franchise, or any
other matters or grievances of which the King's ordinary courts
I a. e cognizance, should be endued with a power of compulsion
either for the disclosure of facts or the attendance of witnesses.
The address of the House of Commons, as the law now stands,
can•add nothing to their validity. It is true that the House of
Commons claims a power to enforce by means of its own privi •
lege the attendance of witnesses and the production of papers
and records before its own committees of inquiry; but it is also
true that the House of Commons cannot communicate that
power to the Crown. Besides, the privilege of the House of
Commons is not, like the prerogative of the King, reducible to
any control of a court of justice, nor, perhaps, to any strict de-
finition, and therefore it must ever depend entirely on the dis-
cretion and moderation of that assembly whether that privilege
shall be exercised for the real benefit of the people or in a man-
ner wholly inconsistent with justice or liberty, as it certainly
must be whene'ver the House of Commons shall assume a juris-
diction which properly belongs to the ordinary tribunals. The
known and lawful manner of inquiry into the misconduct of a
Corporation, or into the improper exercise of its franchises, is
b, information in the Court of King's Bench, which can only be
granted upon some specific charge or to redress some specific
grievance. But a commission from the Crown (and the same
may be said of a committee of either house of Parliament) for
the avowed purpose of finding out matters of complaint against
every Corporation in the kingdom, if it were armed with com-
pulsory powers, would appear to me liable to all the objections
which were justly urged against the quo u'arrantos of Charles
11., without even regarding, as they did, the forms of justice.

, •
MR. W. W. FOLLETT'S ANSWER.

I am of opinion that municipal corporations are not compel-
lable by legal process to furnish the information required by the
commissioners. I am not aware of any legal or constitutional
power vested in the King which can enable him to compel obe-
dience on the part of any corporate body or its officers to com-
missioners appointed under such a commission as this. What-
ever information on the subject of their inquiries is furnished
to thorn will be voluntary on the part of the persons giving it.

AIR. W. R. RENNALL'S ANSWER.

In some cases where the King has the powers of visitation, he
may appoint commissioners to exercise his office of visitor. He
is a visitor of all civil corporations ; hut the only place where
he can exercise this jurisdiction is in the Court of King's
Bench. The corporation complained of is called upon in that
court to show how it makes out its claim to some specified privi-
lege, or to answer for alleged misbehaviour, distinctly charged
in a proceeding of quo tvarranto. This is the only course by
which the crown can legally call in question the rights exei-
&sad, or the acts done, by a civil corporation. The following
passage appears in Lord Coke's Second Institute, 28,J :
" There were some innovatores in those days that persuaded
the King (Edward I.) that few or none of the nobility, clergy,
or commonalty, that had franchises of the grants of the King's
predecessors had right to them, for that they had no charter to
show for the same, for that in troth most of their charters, either
by length of time or injury of wars, and insurrections, or by
casualty, were either consumed or lost : whereupon (as com-
monly new inventions have new ways) it was openly pro-
claimed that every man that held those liberties or possessions
by grant from any of the King's progenitors should, before
certain selected persons thereunto appointed, show quo jure,
glove nomine illas retinerent, 4-c.; whereupon many that had
long continued in quiet possession were taken into the King's
hands, Et, qnod nulla tabella constarent." Sir Edward Coke adds
that, at the petition of the Lords and Commons for a remedy
against the grievance complained of, the statute 6th Edw. I.
enacted, "that in each county, until the Court of King's Bench
came thither, or the next coming of the Justices in Eyre, all men-
should quietly enjoy their franchises which they had reasonably
used. Here it is to be observed that this good King and his Coun-
cil in Parliament referred the party grieved to a legal proceeding,
which implied that a contrary course was holden before." Under
this statute (6th Edward I.) quo warrant° writs were issued into
all the counties of England to inquire concerning liberties of
Vrhatsoever kind, how they were held of our lord the King,
" Cujus brevis occasione omnes Archiepiscopi, Abbates
Pri-
ores, Comites, Barones, et cceteri libere tenentes variis labo-
ribus et expensis fuerunt prcegravati."—(Barrington on Sta-
tutes, 109.) These proceedings being complained of by the
Lords Spiritual and Temporai, and the Commons, in Parlia-
ment, as a matter of great rigour and extremity, (although in
legal course), the statute 18 Edward L was passed to confirm
titles. (Second Institute, 495.)
The letters patent to inquire into corporations give an autho-
rity to the commissioners to inquire into the state and con-
stitution of municipal corporations, and, among other points
of investigation, to inquire into the privileges of the freemen
and other members, and into the nature and management of
the income, revenues, and funds. These inquiries seem to be
as extensive as thoSe whiCh the selected persons were directed to
Make in the reign of Edward I. The method prescribed for
executing this commission by summoning the officers of the
different bodies whom the ivestigation affects; forcing disclosures
of title, or of defects of title, by an extra judicial oath ; look-
ing for abuses without a specific accusation in legal form; and
by causing the production on oath, without anyeause depend-
ing at the suit of a party interested, of the muniments and other
Writings of corporations; is as wide a departure from the ordinary
course of law as the proceeding censured by Sir E. Coke ; and
this commission, like the appointment of the " persons se-
leeed," wants the authority of an act of Parliament. The right
of the crown to grant commissions is not an unlimited prero-
gative. It is said, in Lord Coke's Fourth Institute, 163, " All
commissions of new invention are against law until they have
allowance by act of Parliament. Commissions of novel in-
quiries are declared to be be void (statute 18 Edw. 111., c. 1.)
Commissions to assay weights and measures being of new in-
vention are declared to be void, and that such commissions
should not be after grantel (statute 18 Edward.l 11. c. 4.) In 12
Coke's Reports, 31, it is reporte 1 that commissions under the
Great Seal were directed to divers commissioners in ,Bedford-
shire, Buckinghamshire, and other counties, to inquire of de-
population of houses,. converting of arable land into pasture,
&c. ; but the coinmisti viers should not have any power to hear
and determine the said offences, but only to inquire of them;
and by colour of these commissions the commissioners returned
presentments into Chancery; and after, in Trinity Term, 5
Jac., it was resolved by the two chief justices, and by seven
other of the judges, that the said commissions wore against law;
airing other reasons "for this, that it was only to inquire,
which is against law ; for by this a man may be unjustly ac-
cused by perjury and he shall not have any remedy ; for this,
that it is not within the statute 5 Elizabeth (c. 9, for the punish-
ment of perjury) ; also the party may be defamed, and shall
not have any traverse to it." It seems to me that the commis-
sion in regard to which my opinion is required is liable to the
above objection, and under the sanction of the preceding au-
thorities I think it is against law. This commission does, I
think, differ essentially from the commission to inquire into the
practice of the Court of Chancery, and from the other commis-
sions to inquire into the state of the law in England and in the
colonies. It is of the nature of a judicial inquiry, where pri-
vileges, property, the administration of trusts, and personal
conduct are put in question without any suit or action depend-
ing. It appears to me that as the Commissioners of Naval In-
quiry were appointed by statute (43 Geo. 111. c. 16,) and the
Commissions of Inquiry into Charities and the Management of
Charitable Funds were issued under the authority of acts of Par-
liament, the present commission also had need of the sanction
of an act of Parliament.

ASHFORD.—We are happy to record an act of benovence on
the part of Mr. Knight, of Godmersham Park, which we trust
will be followed by other wealthy individuals in the county.—
Thirty-two acres find a half of pasture have been diyided amongst
eight, and five acres of arable amongst twei've, industrious la-
bourers of the parish of Westwell.—Dover Telegraph.
The following case of extreme distress appears in a London
morning paper of Monday, communicated by the Rev. Dr.
Fletcher, of Stepney :—" The Paragon, a Stockton trader, on
the 4th of November, at six, p.m., anchored in safety, near the
Nore. About seven the captain discovered the half-deck to be
in flames ; and, though every exertion was made to extinguish
the fire, all their efforts were unavailing. The crew and pas-
sengers,- making sixteen person; saved their lives by taking to
their boat; but not an atom of the property was rescued from
the flames. The vessel burned to the water's edge, and then
sank. By this calamity an unfortunate family, five in number,
has been unexpectedly plunged into the deepest distress. Mr.
Thomas Metcalf, with his, wife, two daughters, and a son, were
taken out of the burning Vessel, in their night-clothes only, and
were exposed to the inclemency of the weather, up to their
knees in water, in an open boat, nearly three hours; and it
was not until the afflicted father had arrived in London that
clothing could he procured for his family. Ile was about to
settle in London, and had embarked with his family, his house-
hold furniture, linen, &c., and all his property in money; and
by this overwhelming visitation of Providence all has been lost,
and he and his family are in entire destitution."

ATeociotis CliunLTy.=—lt is with pain that we relate the
following act of cruelty, which was committed iu lioker-lane,
near Pudsey, on Thursday se'nnight. About one o'clock on
that. morning William Emsley came home; his wife had got
his supper ready, and was sitting up expecting him. Ile threw
the door open, and told her to go out of the house ; she entreated
him to sit down and get his supper, but the brute knocked her
down. She again invited him to get his supper, and then he
placed her upon the fire ! She extricated herself from that
dreadful situation without any serious injury; but as she wat
getting over a wall, on her road to a neighbour's house, he lee
loose a bull-dog at her, and, while the dog held her, struck her
several severe blows on the head. Ile then asked her if she
would ever run away again, and she promised she would not. She
got away from him as tie was taking her back to the house, and
ran through a gate into a field. He again set the dog at her,
and while the dog worried her, he kicked and beat her in a
most cruel and brutal manner. She cried out " murdrir," and
man of the name of George Tordoff ran with a pitchfork to
the place. When the husband saw him coming he left the
woman, and slipped the dog at the man, but he-- beat the dug
off with the pitchfork. The husband then left the unhappy
woman, and walked away in the direction of his uncle's house ;
but when he had got a few score yards he returned, to see if
his wife was in the house, and swore that if she was not dead he
would kill her! The neighbours, however, resched her front
further violence. He went into the house, and declared that if
any man went in or near Linn he would murder him. Mr. W.
Hutchinson, the constable, came and charged another wan to
his assistance to take him into custody. Ile knocked the assist-
ant down, but was secured immediately, and delivered up to the
constables of Pudsey, by whom he was conveyed to the lock-up
room at Bradford, for the purpose of being examined- before
the magistrates. The woman's jawbone is fractured, and her
body nearly covered with bruises. Her lower extremities are
dreadfully lacerated and mangled by the dog. ller life is, of
course, in the greatest clanger. She remains at the house of
her father, Mr. Stephenson, of Farsley-. We would fain hope
that the 11154L4e.-I,edi Intalijuncer.

Emporto.

EAST INDIES, CAPE OF GOOD HOPE, 4-c.

Irindoo, Askew, fm Calcutta, with loose abt 5 t sapan and 4 t red
sanders wood, 371 bgs horn tips, 1001 bgs rice, 500 bg, saltpetre, 882
bgs ginger, 1000 bgs sugar, 40 -s safflower, 8 hds tincal, 57 chts cas-
tor oil and turmeric, S 7 bls cow hides, 21)1s goat skins, 73 chts shell
lac, 60 bxs cassia lignea, 87 robins pepper, 48 bls munjeet, 1 but 1 ppe
Madeira wine, 4cs silk piece goods, Order-1 bx conts unkn, Mrs
Pratt-1 prcl do, S Pirvel-1 do, Mrs Fitzgerald-1 bg rice, R Lang-
ston—P Dk

Majestic, Lawson, fin Bombay. with 205 bls cotton, 30 bls safflower,
5 chts elephants' teeth. loose 3 ps do, 12 ehts gum arable, 2 cs tortoise
shell, 1 cse mangoe pickles, VfNicol and co-128 bls 2 Irf his cotton,
Sir J Tobin and co-5.1 Cs gain arable, 10 cs gum myrrh, 1 cse dragon's
blood, 20 bp coculus indicus, 20 his num vomica, 125 his cotton, 2 es
1118 ps elephants' teeth, Dirom, Itiehmond and co-27 kgs aloes, 3 es
gum animi. 515 hgs rice, 159 bp pepper, 70 robins ginger, Acraman
and Stltt-5 cs conts unkn, J Miller and co-85 ehts gum arabic, 4 ehts
gum myrrh, 36 bales coffee,senna, 86 bls Cropper, Benson and co-
-591 his 1 hf ble cotton, 1975 bgs pepper, 6cs cardamoms, 60 cks wine.
Ibx rupees, Order—P Dk