The Statesman.
London, England, 1810-06-19 00:00:00

TS V; STATESMAN:

•

LORD ABINGDON'S SPE4CII
IN THE HOUSE UV ,LORDS, ON MONDAY, *PHIL
19th, 1779, FOIL TIIE niscrtaGE OP MR. PAN.
LER) PRINTER. OF THE GENERAL ADVERTISSItt

, , •

• MT LORDS,—Although there is no Noble Lord
more zealously attached to the Privileges of this'
House than 1 am, yet when I see those
loges interfering with, and destructive of, thq
rights of the people, there is no one among the
people more ready to oppose those Privileges thaw
myself. And, my Lords, my reason is this,
that the privilege; of neither [louse of Perlis-
event were ever constitutionally given to either;
to combat with the rights of the people. They
were given, my Lords, that each branch. of the
Legislature might defend itself against -the• en.
croachment of the other; and to preserve that
balance entire which is essential to the preserva.
tion of all.
77tis was the designation, this is the use of
privilege; and in this unquestionable shape let us
apply it. Let us apply it against the encroach.
ments of the Crown, andnot suffer anu Lord (if
any such there be), who, having clambered up into
the House upon the ladder of prerogative, Might
wish to yield up our privileges to that prerogative.
Let us make use of our privileges against the
other House of Parliament, whenever occasion
shall make it necessary, but not against the peo.
ple. This iiihe distinction, and this the mean-
ing of privilege. The people are under the law,
and we are the legislators. , If they offend, let
them be punished according to law, where we
have our rented,. If we are injured in our re-
putations, the law has provided us with a special
remedy. We are entitled to the action of scan.
datum nrignaturn—a privilege peculiar to out,
selves. For these reasons then, my Lord', when
the Noble Earl made his motion for the Printer to
be brought before this House, and when the end
of that motion, was:auswered by the author of the
paper complained of giving up his name, I was in
great hopes the motion would have been with.
drawn. lam sorry it was not; and yet,' when I
say this, I do not mean to wish that au inquiry
into the merits of that paper should not be made.
Asit stands at present, the Noble Lord accused
thetein is the disgrace of this House, and the scan.
els' of Government. I therefore trust, for his own
honour, for the honour .of this Ilouse, that that
Noble Lord will not object to, but will himself
insist epee, the must rigid inquiry into his con-
duct.
But, my Lords, to call for a Printer, in the.
case of a libel, when he gives up his Author (al.
though 'a modern procedure), is • not founded in
law ; for in the Statute of Westminster, the Ist,
chapter 31, It is said, " None shall report any
false and slanderous news or tales of great men,
whereby any discord may arise betwixt the King
'and his people, on pain of imprisonment, until
they bring forth the Author." The statute; of
the V of Richard the Second, chapter 5, and the
14th of the same reign, are to the same effect.
It is there enacted, that " No person shall devise,
or tell any false news or lies of any Lord, Prelate,
Officer of the Government, Judge, &c. by which
any slander shall happen to their persons, or mis-
chief come to the kingdom, upon pain of being ha.
primed ; and where any one hub told false uews
or lies, and cannot produce the Author, he shall
suffer imprisonment, and be punished by the
King's Counsel." Here then, my Lords, two'
things are clearly pointed out, in wit, the petits
to be punished, and what the mode of Pas.
nishment is. The person to be punished ie.
the Author, when produced ; the mode of pa.
Idahment is, by the King's Counsel: so thata.
Is the present case, the Printer baying given up
*the author, he is discharged from punishment;
and if the privilege of punishment had been in MS
House, the right is barred by these Statutes ; for
'howls the punishment to be had ? Not by 'hie
`Reuse, but by 'the King's Counsel. And, es,
Lords, it cannot he otherwise ; for, if it were, the
'Freedom of the press were at an cud ; and for
'this purpose was this modern doctrine, to an.
ewer modern' views, invented—a doctrine which I
Sostand up in opposition to, if even the right
of its exercise were in us. But the right is not
us : it is a jurisdiction too summary for the
freedom of our. Constitution, and incompatible
with liberty. It takes awny the iyfial by jury,
'which King Lords, and Commolie, have not a
right to do. It is to make us accusers, Judges,
' Jury, and executioner:leo, if we please. It is
to give us an executive power, to which, in our
legislative capacities, we are not entitled. It is
to give us a power, which even the executive
power itself has not ; which the• prerogative of
the Crown dare not assume; which the, ing him-
self cannot exercise.' My Lords, the King can.
not touch the hair of any man's head in this coun-
try, though he be guilty of high treason, but by;
mean* of the law. it is the law that creates the{
offence ; it is a Jury that must daleraiine
guilt : i 1 ls the law. that affixes the, pmnisionent ;
l'and all other modes of proceeding are illegal.
Why then, my Lords, are we to assatale
to ourselves an executive power,. with which
even the ezecntive power itself is not entrusted P
I ant aware, my Lords, it will be. said that this
House, in its. capacity of a Court of Justice, has a
right tiseall for evidence at its bar, and to pettish
the witness who shall not attend. I admit it, iNe,
lords; and I admit it not only as a right belong.
jug to this House, bat as. iv right esssential le
'every Court of Justice: for, withutit skis rightf
justice could not be administered. 13ut, my Lords,
r was this 'lonia sitting as a Court of Justice Vat
we must distinguish between our judicial and
lour legislative capacities) when Mr.. Parker
was ordered to be taken into custody, and
brought before this ?• If so, at Whose
suit was Mr. Parker to be examined ? Whernare
the records? Where are the papers of appeal ?
Who is the Plaintitt, and who the Defendant?
There is nothing like, it before you`Lurdipi;
for if there had, and Mr. Parker, in such tale,.
hail disobeyed the orders of this Rouse, he wit*
not only punishable for his contumacy and eon.
tempt, but every Magistrate in the kingdom was
humid to assist your Lordships in Main kiln
forthcoming at your Lordships' bane Witalizas.

Ata'sir si, tiritior gaol" if `} iri ltti.oolK is
;ROUND, SY nil LAW WY- WO 'RELEASE
Ma. PARS'S, ft* twat *NdltillstnweetlSTODY BY
Mil !Maar ORalai Or lair Milata. Nothing
scan be more true, • than 'that in our judicial
capacity, ire' have a right to for"eridence
at our bar,' sad to punish the ifilittesit,'if he does
not appear.' •The whole body of the law supports
us in this right: Bet tinder the pretext of Privilege,'
to bring a man by force tO the bar; wind% we
HAVE OVII ItIMSDY AT Wei TO ictiffle; eiv4-
DENS, AND TaAtilealt. AT tile Iftur Aa.
arraAaT WILL AllapLaaliana Or THIII HOUSE,
NOT SITTING AS A COTAT 01r JUSTICE, IS TY- j
NANNY IN THE ABSTRACT. IT 111 AGAINST LAW ;
IT IS SUBVERSIVE OF THE CONSTITUTION ; IT IS
INCOMPETENT TO THIS HOUSE; and therefore, my
Lords, thinking as I do, that this Rime has no
right forcibly to bring any man to its bar, bitt in
the discharge of its proper functions, as a Court
of Judicature, I shall now mare your Lordships,
cc that tho body of W. Parker, Fluter of The
General Advertiser, be released from the cus.
taffy of the Gentleman Usher of the Black Rod,
and that the order for the 'mid Parker bring
brought to the bar' of this Rouse, be now dis.
charged."
Before I sit down, I will just observe to your
Lordships, that I know that precedents may be
adducod in contradiction to the doctrine I have
laid down. BUT, MY • LORDS, PRECEDENTS CAM.
NOT MARE THAT LEGAL AND. CONSTITUTIONAL,
/MICH • IS In ITSELF 41.11MSIAL AND DIACIINSTITV-
TIONAL. IF THE PRECEDENTS or THIS REIGN
ARE TU BE RECEIVED AS PRECEDENTS .IN THE'
NEXT, THE LORD HAVE MERCY ON THOSE WHO
ARE TO COME ALTER US!
There is one observation more 1 mould make,
land it is this': I would rash Noble Lords to con.
sider hom much it lessens the dignify of this
House to agitate privileges aphid you have not
power to enforce. It hurts the Constitution ofl
Parliament, and, instead of being relpocted,
Isnakes us contemptible. That privilbge :Vlach
i'sou cannot exercise, and of right too, disdain to
keep.

PROTEST ' .
•
AGAINST TUN VAST• 111015 coucittir's
- Dlsszoisisliar, • '
Because, To us it appears that before wain this Bill into
a law, the opiniou of the Judges on the legality of. the East
India Company's declaring a dividend in the present state of
their /drain, Is highly desirable. For whilst, we know, from
the accounts on the Table of the House, that they have con-
tinued to divide annually ten and a half per cent, on their Ca-
pital Stock, we are convinced that the House of Commons
would not have abandoned the wlnum/dlpreleat system they
had formerly pursued, 'when in chapter' Oh of the I3th of
George the Third, they limited the dividing/so the Company's.
Stock to sir per cent. till the min of fourteen bemired thou-
sand pounds advanced to Wirt, titers feats dillltakiessimitar
to those they now experience, was repaid, Ind they not
thought it unnecessary, seeing that in their.upinion the East
India Company are io the prmemillnation of their stairs, by
law precasted from assigning se the ProprietorsanyDtvidind
in their Capital Stuck.
Secondly,. Because the desist that Men sabarally arise is
Abe right of the Compini Dividend, from tior
difference of opinion thus disclosed to us by the conduct of tits
-End India Company, aid by the provinces of the Bill seat
lop by the Commons, are greatly hammed by the following
considerations:—
First, The Accounts of Stock per computation on the NMI
of this Howse'-Ist of, March, 18061 Ist March. 1807; ht
March, 1808; and In Merely 10; far hem shetki%
profit, after the payisent of Bilis etEXChIIIIOIIIIIIOIIII6 Nit
of Debts, ipterett, and other ostgolnp, hibit dolt digit
sines of-tidle a ion to the eoeninitis tumid of isielni
lions Use hundred and serestypooe. thessed noisily.**
pissed.; whilst by the 111th 'Chasse of the 93d Cleary IIL.
Chapter 5?, the Company billb wily a right iiinchne a dill- `.
decd ".out of their pruhts in Great-464a1 host%! providhi.
for payment of Bills of Eschsoge already. sectspted by *
Company, as the same shall become due, and fotqbe a/retail
payment of other Debts,. Interest, and other oetlguinip;„
Charges and Expences." •
Secondly, Both the East4o4la Company and the Legbsi.
tare Seem to have formerly given a most decided opialon ea
this subject; for when by the 65th Chapter of the fist of
George ill. the Company were, as at present, preluded
.from dividing the sum then permitted by law, of eight per
oo their Capital Stock, till they had provided for the
'current payment of Interest, Out-goings, and other Ezra-
'ces ; they in the year after the passim of that Act, ;pets,,
tinned to be empowered by law to divide the said aterof
It
per cent: per annum. notwithstanding that their let prattle.
fell short of what was necessary to discharge such a divide/I
'by twenty-two thoosund sad sweaty-tinewpoundss and Par-
lialnent attuaily gave each powers in Chapter 51 of 'the 91911
George 111.
Thirdly, Because, ander these el/remit/mem, whatever map
be the opinion of the Judges comers* the right of the
Cotnp:tny to declare a dividend, it steam to us imperiously
I necessary for the ppblie. interest, that the klosseabeeld be in
l' possession of it. For If the Jelipse should 11 rollitslifirtit to P
be illegal' Me the Company tolielare any dillkilneis the
present situation of their afairs,d6 authority of sash 4111,
opi-
Ow would prevent a large ponies. 'of the soft about to bi
Issf;froat being illegally, trassfereed Into tit pockets of the
Proprietors of India Stork; and it,' oa the contrary, She
Judgesshoeld declare shattesettetdivideod was legal, it would '
certainly suggest to the Home the ihwpriiity Of folleuin the,
wise example thel,egislatara basi)Meetedbre gives, by intro-
ducing a Clause into the, Bill assibetora deem,. fee diminish-.
ing the dividend to be made to the Trapeteters,t4l. sheb
time as the stoney advaoced should be repaid to the PoWIc. ,
(Signed) LANDSILLIAIL.E.
.
, .
The wire of a labouting man in StAllitiled.tane
was on Thersday seithight- brought to bed of a ,
boy; wet SOW./ etelltlight was delivered tut a
girl and on Thutilly morottik of two other
childruu. !rho first, two infanta are doing weill,
but the mother, .with the remaining two, now lie
dead. •
A onelanclicilpsitiihlnt ltliplirted on Satnrdat
hist to get; or 'Long Oar Ish !louse, in
Hampshire. - ire I. her roots basing almosi
*eat .00 Alk*OliditiSydering to mike It 'burn
pith spepplitput,.l4ofertaitately cuntaistjag a
goantity litilVtetlcrei,L'it Mow 'op ; she
Wei Immediately in 'lliosio4.'lol4;, Wore with dif.
.lestlty eatiogstishedebreChio vlgliet,liand was so
(I rratifaity ibiittor*Mitiiiititolifivoodasto ens.
isolation.