The Statesman.
London, England, 1810-04-05 00:00:00

THP, STATKSMAN.

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charging the duties et 1_
sect equal tiberatiy and ilepottie4
six Comtlerucn to whom be alTudeel.
Mr. SHAW LEFEVae fully coincided
the Honourable Membur. The *notion was r
pond accordingly.
EXCHEQUER BILLS.
Mr. WHITBH,P_IAD desired to know..from the
Chancellor of the -Exchequer, when he meant to
bring forward his motion taln: the subject of Ert-
chequer Bills.
The CHANCELLOR of the EXCHEQUER
ans Wert d, on Monday next. The House adjourned
.
to next day.
_

LIBERTY OF THE SUBJECT.

--mwo•--.
,
" Of great importance to the public is the preservation of
the personal liberty of individuals; for if once it were left
in the power of any, the highest, Magistrate to imprison
arbitrarily whomever he or his Officers thought proper (as
in France it is daily practised by the Crown), there wld
soon, be an end of all other rights and eillitrualities.
11LicKsToN r, vol. I. p. 133.
Ma. Eorrott,—l understand that one of the
grand cases which is relied upon by the Advocates
fur the Privileges of the House of Commons is
that of Judge BERKLEY in 1640. That Judge
was taken oil the Bench by the Usher of the
Mick and, and placed in the custody of the Ser.
jeant at Arms. Now, Sir, fetus look back to the
temper of the times when this great and mighty
'lase occurred.; If I renstinirr right, Benicia:le
was one of the Judges who had given their vote
against Hastens in the trial of ship-money. lie
was cote of the King's most zealous iestruments to
establish au arbitrary power. The Lords con.
demised him to a fine of 20,0001. and to stand ewe.
Milled. to the Tower till, he sheeld be tried upon
the other articles alledged against him : but. Lord
'CLattestoos says,. 66 that the Parliament, in ap.
propriating the fine to themselves, which by :he
law, was due to the King alone, were (thought
by many to be) guilty of a greater crime limp that
.for ihich BERKLEY was sentenced (2. p.. 290).
The•Kittg and Parliament were then making war
upon one another ; and that very same month
they passed an ordinance for seizing the King's,
!Queen's, and Prince's revenues for the public use ;
that is, to be employed in the war against the,
King. Four days after, the King, on his past,
published a proclamation, forbidding all tenants,'
or debtors to pay any rents is debts to such per,'
suns as were its open rebellion against him. • Hat
• theiv orders, as well from the King as the. Par.
ilitintent, were executed only in places where they
ifere supported with power. (Sec Hush worth,
T. p. 361, 362.) • ... -
, • Now, Sir, are these the times that we are to
refer to for precedents 2, The times of anarchy &mil
',eonfntsitut ?'t hi 'potion can scarcely. deserve ani
answer. .
'Again, I" hear that a curious construction is to
be pat upon the words of Magna Charts, " per
1 legem terrte," by the law of the land. It is to
be contended, that these words import " the in.
44 diction of punishments loy •the • siiscretion of
44 Courts for all contempts Att. their authority,
04-'li/hoot the intervention of a Jury." This i$
Bahl to be Mr. Suwvatta's comment on Magus
Charts. But I hive another interpretation to of.
.fee; it is this : '46 When it is said in the , Great
Charter that " tpemo 'ming:tutelar, &c. nisi par
64 LEGUM TiRRX, 'anti in another article of the
64 same Charter, nisi per neozat nisei, the
" phrases Lex Terre, and Lex Regni, are to
66 be taken and understood emphatically there
1 66 used in express contradistinction to the Lei
66 Normandice, or Lex Acquiteniat, or the Let
46 Anainogaviat (i. 0. Anjou) all Which French
66 Laws, as dell as the French modes of pleading,.
64 had, as it were, ousted the Lex REavt. Mut
66 as only these Preach' Laws, and not the
" French Modes of pleading in our Law Courts 1
44 were abolished by this Great Charter, so the t
" French modes of pleading having nut been li. I
66 terally abolished at the same time, this Charter
66 was afterwards interpreted according, to the
"'letter of it ;.and this is the reason that the
" Frenco mode of pleading bath continued in a
i " great measure even to the present times. N. B.
" By the Lex Terrw, and Lex Regni, is under.
" stood the laws of EDWARD THE CONFESSOR,
•s confirmed and enlarged as they were by Wm.
6,6 MAST TILE CONQUEROR: and this Constitution
446 or Code of Laws is what,.evee to this day, we
" call ''the Common Law of the Land." (See
Gilbert's " Ilistory of the Common Pleas," 3d
•FatliN Introduct. p. 22, in ;tote.)
• Then, Sir, it is to be urged " that the Judges
eqght not to give any opinion of a matter of
Parliament, because it is not to be decided by thu
Common Law, but secundum legem et consuetudi.
'nem Parliamenti ; and the Court of Parliament
high no higher."
,
- Now; let us dwell a little on this dictum. Is it
intended to be said that the House of Commons
rgiath *a discrctiewary power of doing whatever it 11
"istay.piesse? Surety this is repugnant to the spiritn
raf our Con/Motion. I remember, indeed, that ink II
times of madness and anarchy (jdst about Berlc.
set's time; before noticed, viz. in Jae. 1648) the
1.1
Coarprut patioUsute, 6 that sr hassokes4e-etiOsti • .
4Y-or de ired for law by tite'Commons in Pandit'.
1" liament assembled, bath the force of law ; and
I'' all the people of this na'tion arc concluded 1
66 thereby, although the cupsent and concurrence
6' of the King ur !louse of Peers be nut had
" tkereto:"...but, when the Constitution was re.
gored in all its forms, it was particularly enacted
by Statute 13 Can. 11. c. 1. th it " if any person
" shall maliciously or advisedly affirm, that both
" or either of the !louses of Parliament have
" any legislative authority without the King, such
" person 'hall incur' all the penalties of a pre-
" manire."
The fact iss Sir, that when we speak of " the
power and jurisdiction' of "Parliament," tre must
always be understood tti say, 44 the three Estates
of Parliament, united together' as one aggregate
body." And, therefore, when Lord COKE says,
" h" (the Parliament) can regulate or new .mo.
del the succession of the Crown : " IT" can alter
the established religion Of the litud : " IT" can
*bang., and create afresh, event the Constitoiims'
e. In
ofthe kingdom, kc. hsist mean by " IT," the
.King,
Lords, and Witmer's ; for 66 neither !louse


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who PISSOIIia. Sit 11.411410111111 t (as my JAM fiacT absence)
with those '44 nor both. Moises jointly, dem dispose of the li•
'"
betty of the subject, or property of the subject ;
'`h 66
fey to theritorpose the King must juiu ; and it
" is in the Necessity of their several concurrences
44 to such acts, that the great security of the
" betty of thesuhjcctcousists." (2Raym. 111 t)
This is the just interpretation of the word
44 Parliament." Some indeed contend, that." th4•l
court of Parliament consitteth of the. King's Ma.
jesty as sitting there in hie Royal capacity, and oil
the three estates of the realm," which, say they,
are " the nobility, clergy, . and, commonalty erk
" and (they add) the King . conies in upon a
higher denomination amid title ; namely, the head .1‘
of these three estates; and thereford, :my • they, at
those who have aoise about to make the Ting one
diM
of the three estates ire mistaken." I must con.
fess that IJo not clearly understand this doctrine; out
°see
for, I conceive that 44 the Lords Spiritual
Temporal ate now in reality only one etstato."
their o"ly
ig
(See Dyer, 60.) And (as Mr. CilitlSTl ATi üb..
serves) " there seems to be no reason to doubt, but Your
that any Act at this day would be valid, though owe your
46 all time Temporal Lords, or all the Spiritual triutism c
44 Lords were absent." (Blackstone, vol. i. 155 )
the county
'Hence, the King is one estate, the Lords, both , steps ; but
Spiritual amid Temporal, are another estate; and 1 a degenerate
the Commons are a third estate ; and these three looking for t,
ate the constituent parts of a Parliament—parts the favour ai,
of Which each 'is so necessary, that (as is before a true soldiers
shown) the consent of all three is required to make I vigkt about imni
any law to bind the subject. Indeed, Sir, this N ' the left, you cha,
so obvious that it need not be enlarged upon ; and, Such devattAut
I think, no one u ill question that the King is one your brother's litst
•of the three Estates, when he refers to the Stated° for the Borough
13 Car. 11. c. 1 which I have before mentioned. .-do for the County ;
but effic
As to the ltesolution of the House of Commons,
none ha who ve time ie
gont odme
of
in 1699, which, I hear, is also much relied upon,
I give riu this ear
viz. " BESOLVEO, 'That to assert that the House
is surely coming ; you
of Commons have no power of commitment, but Constituents to give eat
of their men Members, tends to the subversion
and Lev assur. e you it is
of the Constitution of the Haase of Commons ;"
which you will e to pas,
shall give tbis answer : It is, indeed, the Reso.
lotion of the House of Commons ; but that House lee You' i" the ginner,' with
day when the pitiless storms
only one branch of the Legislature, and no one
beat upon him amt
branch can enjoin or forbid any thing to hind the Otheringi
that, memorable slay, which
subject without the concurrence of the other two
most majestic the County eve,
mutates. The House of Commons cannot, there-
:which was hailed by •Rho people I,
More, repeal Aliigna Charts, unless the King amid
the Lordsotoissent. , • • harbinger or better den
;that de
es in a mirror whit Britons mice,
Oats word more, and I have done. Mech. reit- they ought 10 be—Freemen.
ance, as I understand, is placed upon the case of .st
ion should have been pre•
BRASS C WAIT. In that case Mr. 'Justice Black. „
done you good, it imp•
stone observed, that the clamour 'of the people t ti_
mobs that the fave
concerning the privileges of the House of ewe. 0 ~ •
y ua .s.ionstituen 0-
mans Min preposterous. 44 Were nut (he •
114 so and P.
'asked) the Members of the House of Commons ;
ere
the representatives of the pecitile?" Very true,
is b-
Sir; but if Mr. Blackstone 'were now alive, I -
would answer him in these memorable words' of
Lord Otani t "When the People choose their'
" Representatives, they never mean to convey
" to them a poser of invading their rights, or
64 trampling, upon .the liberties of those ashoin
4'•
,they represent:" What security .would they
44, have for their rights, if once they admitted that
4* a Court of Judicature might determine every
4.6 question that tane.before it, not by any known.
" position law,. tisstelsy the venue, indeterminate,
" arbitrary rule, of what the Noble Lord (Maims.
" field) is pleased to call Rite Wisdom of the
" Court." •
64 Ally Lords, the Constitution is not a vague or
:44 loose expression; we all know whet it is ;
4 that the first principle of it is, that the sub.
66 ject shall not he governed by the orbits-him of
one mitts, or body of men (less than the whole.
64 Legislature), but
.by certain laws, to whirl!
" he 'has virtually given his consent, which' •Ott.
" open to him to examine, and not beyond his
" ability to understand."—Speech in the !loam
of Lords in 1770, on the privilege exercised by
the Commons in the ease of Wilkes.—. The Whole
•of this excellent speech deserves the eitmoit atten.
. I am, I. riDITOIII •
Your obedilnat Servant,
-PUBLI-COL
By his marriage, BONA PA WIT becomes related
to almost ;II the Royal Families in Europe. Be.
sides being son,iti-law to the Emperor of A us-
Tata, and nephew tothe Archduke CHARLESp he is
greetuepliew to,tlie. Queen -of Nunes, first cou-
sin, we believe. to FtRIIINAND the Yltth, and to
the Prince Regent of PonTuoar...fhe is also ne.
Phew to the daughter'.of Loots the XVlth, the
Duchess of Anoetnissz. •
On Thursday last,- a meeting took place be-
enfant Mr. LAMOUNT of the 103t1, and Mr. STU-
ART of the Ilth 4regireent,
.near Stratford upois
Avon ; the • letter, accdnipanied by his' ftdiend,
M. L. of the tLtb ;.. the former by Mr, U. of the
103(1. Mr. Lanoser received his adversary's :fire,
Land then discharged his pistol in the air, when
their friends interfered and terminated the limiter
amicably. The quarrel, we understand, orgi.
liatcd, on heard asiasaitast lateir ainstng froth-Ire,'
land.
Iu consequence of a severe thaw at Vienna in
the middle of last month, time great Tabor Bridge
was entirely demolished by the- floating ice. Its
destruction was so sudden, that of 20 persons who
were upon it at the time, only six escaped ; the
remainder were precipitated into the water with
the reins, and drowned. By this accident the
communication with Bohemia, Moravia, &c. was
interrupted fur ten days. •
Mr. Iloozrct.a, a banker of Verdun, arrived
last week-in London, confirms the article in the.
French Papers respectful; a duel between two Bri-
tish. Officers at that depot. The parties were,
Capt. ALIMANOKR, of the Marines, and Lieut.,
BARKER, late of the Mew frigate. The duet
took place en the 113th of February, and the lat.:,
ter was killed. Capt. Amexa soca has been cemn.
mitted to prison muter the new Penal Code, by
which duelling is made a capital otrance.—Gene.'
,ral Wlntsion, the formorGoverner of Verittist, 14
under trial .forhis extsirtiunit ore she _British pri:
snort'.—The• total number ot Pig s& now it.
I LOS 114011: Primed zunt throtishea tly a 1,0
France sod. Is be 211, 000, • ' • • . We-risme, 9roFti, 47y,

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::,4-18:hae7regileih7deu:rorf:f:CaleuSeaty117:
To, Lehi CHAT:Veitit r milicvs,n,
ain
bridge townie dismissed, with a vengeance ~ •
late Representative, Mr. Yeats, fur mile.;
.11"c't
I their eyes are now fixed on yea, mot they
very morosely observing its what elan" ri art
r you dig.
charge your *duty.
H:. It is with great pleasure they observe thei ,„,
rillember, Lord Osaottoe, voting in the min: r!lir
'Nke a true patriot, on the Inquiry into the t
t,7,:
'pf the Scheldt Expedition ; and it is with vet; dii
fermi sentiments they behold your natie is
list of these weak and impudent Ministers: the
are alike regardless of their own ' "h"
honour, sad th:
dignity of tile country.
on:
yo :101 citumitsuevreerteolysacye,ntshutr.retela,rebunitnireetpteeotin ~,shiLidno,_t
out of knotty in this county, who are of hue's
Oseunot's sentiments, that Ministers.
no; or.l
.• fur
their ignorance and prodigality.
Your Lordship
,will out forget, that you poly
owe your present situation to the virtues mid 11.
triutism of- your ancestors, and to the retail ;I;
the county iudalged of yonr treading in the Mme
steps ; but you have unhappily proved yosre,/-
a degenerate plant. You appear to he emlfilsey
looking for the smiles of the Minister,
the favour and approbation of the county; iii
a true soldier, if he says, " right about," yob
vigh* about immediately ; and if he commands
the left, you change your position as readily,
doSrtiocrltthtleevue:7ol::egshs
your brother's 'borough-mongering system- it
olf"Cyanall::::::::::)::
0 for the County ; they are deterininekto 1,„
none but efficient men—decided character{_
who have the good of the couptry at heart.
I give you this e :truing, a day of reieihs •
is surely coining ; you will be called by I„
Constituents to give a strict account of yourself
and [qj assure you it is a fearful ordeal tteuntj
which yam will have to pass. I was sorry nil t,
see you, in the gallery with Mr. Yuan, on nut
day when the pitiless storm, which had been leig
gathering, heat upon him and overwhelmed he.
that, memorable day, which was the pruudest ilia
most majestic this County ever saw ; that dei,
which was hailed by the people of england al%
harbinger or better days; that day, which Cossoi
as in a mirror whit Britons mice were, and tilt
they ought .to be—Freemen.
You should have been present : it might hire
done you good, it might have taught you skis
tenth' that the favour and the approbalies if
youa Constituents is more to be talustl than fie
watt to and rewards of Missiseqes.
;There is only one way for you to escape, that
is.by a change of system—mot a partial, but In.
dical change ; —learn to think. and as for your
country ;—remember you have had a warnifig
voice, nod whether you regard it or not, that
voice will remember von..-the voice. of
A. PAM lOU latlEitiltfi IntlittlOLDEß.
LANCASTER. 45..VIZES, Mean.
. —..........
the following importXnt wary to such u are i
the habit of hiring keyless came tot to kW tried Lia
_Weduesday bat, at these Askiiies.
cooren. B. vAitrott. .
This action was brought to recover a Misfit.
lion for the injury a mars let lo hire-had sustained
in the course of a journey. It appeared that i
Plaintiff (Cooper) • was a livery-stable keeper,'
Cockspur.street, Liverpool, and the Difentlast
(Barton) a merchant there,. who bad• hired a
mare from the Plaintiff for i given 'mike of
days to the North ; thin at the end of this pr.
clod tire Defendant returned the mare with the
hair bruised off' her knees, and a little on one a
the eye-brows. The evidence ip supped of the
case was, that the mare had been delivered is
40suralid sound condition, and
.that coespessi•
of the ntate in which she was retureed, Mr. R
bent Wilson; a farrier in Lives:pool, soots situ
not fit tu- be hired out again for three weeks.
The Counsel qn the .part of the Defeadant we
about to prove, that she was. a brokee.k
mare before, and that knelt:LC° the Ph:WTI
sounkin bar wind, and that-the injury complain '
of was occasigned by-die mare's-falling whilst lir
welling at a wary slow rate t when the Lewd.
Judge (Ls BLAND) was of opinion, the Pia
had not made out a case for the Jury, sad di'
fore non-hailed him.
ft appeared in the course of this trial, dull
add to rho injory the Pleintiff Complained of, e""•
siderablc 'Riess wilt laid on the Defendant's boil
tied a knot on the Solllla reittiag of the bridle, 9
order, as the Plaintiff's witness (stn hisiontot)ll4l
" that he ',right ride jockey like;" bat every 0'
who h'eard the trial was conirieced the /toot ifs. 01a.
to support Me mare (rum falling. if the 116)11 '
hail recovered in this action, no person mai
have been sarwin liirisig a horse, utiles, Pre'i(*l
stipulating (csnd that ,via writing, or before a ri•
spectabie witness) with the liaerys.siabiel'er6
thlkiiriehdikloooo ....4.1-=.._..

nseritic;;rs ; in 41011
the action pwins to hove bee.o aimed tb•
tlii:::l,offotrhteliPolgist>ii:l4.oTf_rtfelePuabnlidoy wtheelPtelaii7llll7llll;
.
hero di4oopoittted.

wiy
On Snaky 'last, n( Plymouth, Mrs. Lortyerrthe
of Dr. Loekyer, of a daughter.
bo Moaday lust, nt CI& on, near Sristol, Ma.
+'k!
Hopkins, the Lady of Writ. Nnrthey }WOW, El'
the 1.4!gt
Last week, in Putriek-street, Cork,the Lady 01
Win. Lord !Maul, of a SOK hnivili 044
A few days ago, a woman. aged 51. was <Thw"--;..- ate
the Lying-fn Hospital, Great Britahostreet. 04)17_ boo
she wa• safely delivered of bee, a child, she bau'l
married for thirty Neftra.

-
WOWct..maiAl
Qa bloaday, the Mb all, at her latatrtfferl,„..
street, in the 79 t h yen* of her age, ths:ltitili 1771. e
GTgtiatte Wentworth, the only survival& sister la A ro
Slarquis of Rocklogliant, and want to the root Ea"
my,
"Chi the 99th alt. at 'Maple, Parbata, the mi. .
1)17f
bad lately roanstinaleit a belly of Sta Fen/talef to-
.of the U 494 K Tabtlona. •