Abbildungen der Seite
PDF
EPUB

bail, but to infure the appearance of the defendant on the day of trial. Suppofing that he were to propose that the bail fhould be doubled, still he was not affured that the fum . would provide adequately for the due adminiftration of public juftice.-There were cafes in which it would be advifeable to refufe bail altogether to perfons against whom crimes of a certain defcription were alledged. Every Gentleman knew that there had been in Scotland, as well as in England, a principle of fecret focieties, for the exprefs purpose of subverting the government of the country: every Gentleman knew too, that when perfons belonging to thofe focieties were apprehended, fubfcriptions were entered into for their maintenance and release. The Lord Advocate proceeded to allude to one particular cafe, 'the cafe of a Mr. Archibald Grey. In the exercife of his duty, be had found it neceffary to order the apprehenfion of this Mr. Grey, who was liberated from prifon, by giving the bail required. In a few months, however, this fame man was again found at the head of one of thefe focieties, and again apprehended. An indictment was preferred against him for feditious conduct. By the laws of Scotland, no man could be tried without having had fifteen clear days allowed him between the ferving of the indictment and the day of trial. The punishment for the highest kind of fedition in Scotland, was tranfportation beyond the feas for a limited time: a punishment not, in his opinion, too fevere for the offence. Thinking, therefore, this punishment fufficient, and aware that the laws of treafon were the fame in Scotland as in England, it did appear to him to be fafe to bring Mr. Grey before the Court upon the charge of fedition; but this was a bailable offence. As foon, therefore, as the indictment was preferred against him for fedition, he was bailed, and immediately quitted the country. He was now at Hamburgh as bufily employed as ever. The bail had been paid, and by a fubfcription among all the weavers and mifguided people who entertained these fentiments. The evil complained of would not be cured by increafing the bail. He therefore fubmitted whether in fuch cafes, upon fpecial application to the Court of Justiciary, and by the King's Advocate, it would not be proper to give that court the power to refufe bail altogether, and to detain such perfons in prifon from the time of the indictment being preferred against them to the day of trial. Referving however, the true fpirit of the Act of 1701 with regard to the liberty of the fubject, by providing that if at the end of fixty days his trial be not brought forward, the prisoner fhall be libe

rated.

rated. These were the reafons which he had to urge in fupport of his motion, which was "That leave be given to bring in a Bill to extend the Bail to be taken on Criminal Information; and in certain cafes to authorife the detention of Perfons in Prifon till their Trial, in that part of Great Britain called Scotland."-Leave was given.

The Bill to amend the Acts for the Redemption of the Land Tax, as far as they related to Scotland, was read a first time.

The Bill to increase the Rates to Innkeepers, upon whom Soldiers were quartered, was read a fecond time, and ordered to be committed on Monday.-Adjourned to April 8.

HOUSE OF LORDS.

Monday, April 8.

The Appeal Caufe, Anderfon verfus Marshall, came on, when Mr. Erikine was heard for the Appellant, and the Artorney General and Mr. Adam for the Refpondent: the whole of the question turned upon the competency of the Defender calling for the teftimony of two witneffes, whofe evidence had been adduced in fupport of the charge of Adultery alledged against her.

The Lord Chancellor faid, the whole of the cafe lay within a very narrow compafs. It was the courfe of practice in the Commiffary Court of Scotland to admit the evidence of perfons who had committed adulterous practices with the party charged in the Libel in fupport of the charge, but to repel the evidence of thofe perfons when called on to give their testimony in defence of the Defender, and in pursuance of that practice the Court of Seffion had decreed the Interlocutor in question. His Lordship defcribed the extreme laxity of the practice in Scotland on charges of Adultery, it being formerly deemed fufficient to charge the party libelled with having committed divers adulterous acts in any given three years with divers perfons in divers places, and upon that loofe charge to proceed to adduce proof and examine witneffes, but within a few years back this practice had been corrected, and the charge was obliged to contain specific and distinct allegations of the facts charged by the accufer. It had been admitted on all fides at the Bar, that had the cause come on wholly in our Ecclefiaftical Court, there could have arifen no doubt, but certainly the practice was different in the Commiffary Court of Scotland. He said he had been at the trouble of reading the whole of the proofs that had been adduced in fupport of the charge in this cafe, and a collec

[blocks in formation]

tion of more trash and trumpery he never had perufed. So little of it was fuch evidence as ought to have been heard or taken, that he not only did not believe it would have 'been deemed fufficient to have fuftained a Divorce Bill in our Ecclefiaftical Court, or at the Bar of that House, but he entertained great doubts whether up fuch vague and flight evidence, the Judge of a Temporal Court would have fuffered the caufe to go to a Jury. His Lordfhip faid further, that it was natural for him to be partial to the practice of the Law of England, which not only attached his affections, but filled his understanding, and in refpect to the admiffibility of evidence was in practice, in confequence of various relaxations of late years, the most liberal of any in Europe. After reafoning to fhew that the fame right, that the accufer enjoyed of examining the perfons who had been fufpected to have committed the adultery in fupport of the charge, ought, in juftice and reafon to extend to the defender, and entitle her to call them to prove her defence, his Lordship moved, That the Interlocutors of the Court of Seffion be reversed, and that the admiffibility of the two witnelles (Lord Elgin and Dr. Harrison) to be adduced by the defender, be establifhed.

The feveral Bills on the Table paffed a stage, excepting only the Volunteer Corps exemption Bill, on which the order "That it be committed that day," was discharged, and a new order for its being committed to a Committee of the whole Houfe on Thursday next, was moved and agreed to, after Lord Sydney had defired to call the attention of their Lordfhips to the tendency of the Bill, which he said, would be productive of very great inconveniences by narrowing the number of perfons liable to be balloted for in the different counties. His Lornship stated, that the Crimps for what 'were called the modern fencible corps, did infinite mifchief by feducing the men ballotted for, between the time of bal. loting and their joining their respective regiment. He mentioned that at the laft Militia Meeting that he had attended they told him fourteen men had been balloted for, and seven of them, which they confidered as a great number, had joined the regiment for which they had been balloted. Unless, therefore, fome means were found of checking the pernicious practice of the Crimps, to which he had alluded, the counties would labour under great difficulties to find men enough for the Militia Corps.

Some Bills were brought up by Mr. Long and others from

the

the Commons, and read a first time, and feveral Petitions. were read, and Witneffes on Private Bills vorn at the Bar. Adjourned.

HOUSE OF COMMONS.
Monday, April 8.

Mr. Tierney prefented a Petition on behalf of certain Ship Builders on the River Thames againft the Wet Docks Bill-Referred to the Committee on the Bill

Sir Godfrey Webster gave notice, that to-morrow fe'nnight he fhould move for leave to bring in a Bill, with a view of making fome improvement in certain parts of the Poor Laws.

Mr. W. Dundas moved the order of the day on the Militia Reduction Bill; which being read, he observed that some alterations were fuggefted to be neceflary, for which time was required to confider them, and therefore he moved that the Committee upon this Bill be deferred till to-morrow fe'nnight.-Ordered.

The Scotch Land Tax Bill was read a fecond time, and ordered to be committed to a Committee of the whole House to-morrow fe'nnight, on the Motion of Mr. W. Dundas.

Mr. Long brought up the Report of the Committee of Ways and Means, in which the million and a half on Exchequer Bills were voted.-Refolutions read, agreed to, and a Bill ordered to be brought in pursuant to them.

The Lord Advocate of Scotland brought up a Bill" for extending the Bail to be given in confequence of Criminal Information, and in certain cafes to authorise the detention in prison of certain Perfons till Trial in that part of Great Britain called Scotland."-Read a first time, and ordered to be read a fecond time on Friday next, and to be printed.

The Chancellor of the Exchequer moved that the order of the day for taking into confideration to-morrow the Report of the Secret Committee be read, which being done, he moved that the faid Report be taken into confideration on this day fe'nnight.-Ordered.

He then moved that his Majesty's Meffage be referred to the Committee on the faid Report. Ordered.

The Bili for amending the Law on the Attorney's Clerk's Indentures, &c. paffed a Committee of the whole Houfe, and the Report was ordered to be received to-morrow.

The House refolved itself into a Committee of the whole House, to confider further of the ftate of the British Herring Fishery.

Fishery.-Passed several Refolutions. The Report was ordered to be received, and taken into further confideration on Friday.

Deferred the other orders of the day.-Adjourned.

HOUSE OF LORDS.

Tuesday, April 9.

The Bills on the table paffed a ftage refpectively. A Petition was prefented by Lord Moira; and feveral witneffes were sworn.

Mr. John Pitt brought up a Bill from the Commons; which was received and read a first time.

Adjourned.

HOUSE OF COMMONS.
Tuesday, April 9.

The Attorneys' Clerks Indentures Bill was ordered to be read a third time to-morrow. if then engroffed.

The Exchequer Bills Bill was brought up by Mr. Long, read a first time, and ordered to be read a fecond time to

morrow.

Lord Hawkesbury moved, That the Act of the 22d of James I. cap. 22, be read. Which being done, he obferved that, by the Act, it was provided that Raw Hides fhould only be fold at public market. Since which, and indeed for the greater part of the century fince, it was a very common practice to fell Hydes by Private Contract, of which practice no complaint had been made, and from which, he believed, no public inconvenience had arifen; but lately a perfon who had followed this custom without being aware of the legal penalties attached to it, had been fued for as many penalties as would end in his ruin, if enforced, and this was done at the inftance of another who had no public fpirit in view, for he had, for many years, followed the fame practice himself. Should thefe penalties be exacted, most of thofe who had flaughtered cattle for the ufe of the navy would come under the same rule, and be fubject to the fame diftrefs, the public inconvenience of which would be very great. It was his object to avoid that inconvenience. He therefore moved, That leave be given to bring in a Bill to indemnify fuch perfons as may have incurred penalties and forfeitures under the faid act, and to repeal fuch power of the faid act as relates to the Hydes of cattle, flaughtered for the ufe of his majesty's navy. He faid, he understood that this motion was not without a precedent. Something of the fame kind was done in the Coal Trade.

The

« ZurückWeiter »