tuted, and undoubtedly the best adapted to the difcovery of truth, in matters of the nature in queftion. Had it been poffible for them to ftand before that tribunal, they would not thus have deferted the means of doing fo. Nothing furely of animofity, nothing of chicane, nothing of fallacy, or of art, had been wanting on the part of his political enemies; and therefore it was not to be fuppofed, that any thing fhort of a firm conviction, arifing from the experience derived from a fcrutiny, continued in different veftry rooms of the City of Westminster for fo many months together, could have induced them to drop the purfuit, and abandon all pretenfions to carry it on any longer. Mr. Fox faid, he thought it neceffary to fay thus much on that occafion; and he had only to add, that though he fhould ever entertain an equal degree of respect and of gratitude for the electors of both places that had done him the honour to return him, he fhould make his election for Weftminster; he therefore moved, "that the Speaker do iffue his

warrant for the election of a reprefenta"tive to ferve in parliament for the Bo"rough of Kirkwall."

ECCLESIASTICAL SUITS.

Mr. Bafiard rofe to make his promifed motion, refpecting fuits at law carried on in the Ecclefiaftical courts. He prefaced his motion with ftating, that no matter ftood more in need of regulation and reform, than the practice of the Ecclefiaftical courts, in a variety of different fpecies of legal procefs and profecution. He faid, he would not then take up the time of the Houfe, by entering into a detail of all the arbitrary fevere, and upjuft effects, .that had arisen in confequence of the practices in queftion; becaule, he not only knew his own limited abilities, but would not wish to fhock the feelings of the House, as a legislative body, by staring to them the degree of oppreffion, that they had for a feries of years fuffered to exift in the country. He would content himself with moving for leave to bring in a bill, and would barely hint the objects to which that bill would be directed. The fift was, to the abolishing the practice of profecuting for anti-nuptial fornication as it ftood at prefent. In order to prove that this point required immediate regulation, Mr. Baftard flated two or three cafes, in which the parties had been profecuted with great appearance of oppreffion; one in particular, the cafe of a man who had

a fuit commenced against him in the Ecciefiaftical court for anti-nuptial fornication, fix or feven years after his wife had been dead. Mr. Baftard faid, another object of his bill was to put a stop to all profecutions for fmall tithes in the Ecclefiaftical court, and in the court of Exchequer, and to put them on a footing more fit to be adopted. He had, he faid, intended to have put into his bill an extenfion of what was called the Lords act to debtors, to a limited amount; but as there was a bill he underflood, now pending in the other Houfe, in which that very purpose was effected, and as it was more proper for it to be originated in that House, he had not interfered with it. Mr. Baftard concluded with moving, "For leave to "bring in a bill to prevent frivolous and "vexatious fuits in the Ecclefiaftical "court, and for the more fpeedy recovery "of fmall tithes."

Leave was given to bring in a bill. ELECTION LAWS AND HONOUR OF

THE HOUSE OF COMMONS.

Lord Mahon rofe and faid, that he was confident he fhould not be contradicted by any member of that Houfe, when he laid it down as a fundamental principle of liberty in this country, that it is necessary to fupport the confequence of the Houfe of Commons; and in order to preserve the freedom of the people, and to fecure their interefts, that it is effential to maintain the full weight of that assembly in the scale of the constitution. But it is poffible, that there may exift out of that House fome extraordinary character, who may act on very different principles.

Every man of fenfe muft know, and feel, that it is the Houfe of Commons that conftitutes the chief bulwark of the people, and that forms the ftrong barrier against the power of the crown; and it is for that very reason, that the Houfe of Commons is fo much difliked by fome peopic.

Lord Mahon faid, that he must confefs that he was not one of those who wished to fee the House of Commons degraded. That he was not one of those who withed to fee deftroyed in this country, every barrier against prerogative. That he did not with to fee every formidable fortress of the people pulled down; or to fee prerogative and tory principles eftablished on the ruin of the conftitution. (The Houfe cried loudly hear! hear ') Lord Mahon then faid (pulling out a paper) that he was not of opinion that, “A propofition, by receiv

46

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ing the approbation of the House of Commons requires no authority or weight what ever." Lord Mahon faid, that after a propolition had received the approbation of the Houfe of Commons, he was not of opinion that "It remains in the precife light of a perfect new propofition; with this only difference, that, as this propofition is a measure, in which the House of Commans is perfectly interefted, it ought to be viewed with the more jealousy !!!" He faid he would appeal to the fairness, and to the candour of every gentleman prefent, whether fuch principles were to be endured in a free country. (The Houfe cried out again hear! hear!) What (fays Lord Mahon) is it to be endured in a free country, that it fhould be laid down as a maxim; when a public bill has received the most full and the most fair difcuffion, in that part of the legislature which reprefents the people, and has received the approbation of thofe whom the country has elected, and of those who have the best means of knowing the fenfe of their conflituents upon the fubject; that a bill to eircumftanced, fhould, nevertheless he faid to remain in the precife light of any vifionary project, or perfect new propofition? The degrading the Houfe of Commons, the taking every opportunity to abufe it, and the making that affembly a meer cypher in the conftitution, one should have thought was quite fufficient, to gratify the most bitter Tory Spleen. But it is extraordinary indeed, that the approbation f the reprefentatives of the people fhould be affigned as a reafon for oppofition to a measure which they demanded, and that that approbation fhould be urged as a motive for refiftance, and fhould be held forth to mankind as an object of "jealoufy." Lord Mahou faid, that there might be thofe, in this country, who wifhed to raise jealoufies against the Houfe of Commons, and to create ill-grounded jealoufies against the people. That there might be those who thought that their power would be increafed, by decreafing the conftitutional confequence of that affembly. That there might be those whofe maxim it was to endeavour to divide thofe parts of the legislature, which for the public good ought to remain united. That there might be those whofe motto it was, "to divide, in order to govern;" and who wished to govern, in order the better to endeavour to divide. Lord Mahon faid, that a very Hon. Member (Mr. Baftard) had on that day obtained leave to bring in a bill, upon a very interesting fubject. The Hon Gentleman might

imagine, after his bill had been difcuffed for many months in that House, after it has been rendered as perfect as the wifeft men in that Houfe could make it, and after it has been highly approved of, (with only twenty diffenting (voices) in the Houfe of Commons; the Hon. Gentleman might imagine, that he has made, at leaft, fome progiefs; but, he might find, that after he has carried his bill through the House of Commons, that he is just as far advanced, as he was in the beginning. If he thould have the misfortune to pro pofe a measure, which is unexceptionable in its principle, which is well confidered> in its detail, and to which no rational objection can be made: the meafure may be rejected without any rational objection whatever. It may be totally mifreprefented from the first line of it, to the laft. If there is nothing objectionable in the bill, then, the bill may be abufed for what it does not contain; and the bill may likewife be abused for not containing that, which it actually does contain. And for fear that fuch fcandalous_misflatements fhould be detected, upon farther investigation of the subject, and for fear that fuch injurious mifreprefentations should be finally done away; the bill may be rejected, with contempt, without a hearing; and without its being permitted even to go to a committee, in order to be difcuffed. Lord Mahon faid, that he knew, that such things as thefe were poffible. That he had, last year, brought in a bill himself, to prevent delays, uncertainty and expence, in county elections. That the object was a great one, that the mode of obtaining it had been highly approved of in that House, to whofe elections it entirely related; and that that bill had, at the end of the laft feffion of parliament, been rejected in the Houfe of Lords in a very thin House; and that it had been, there, treated (on the part of one person) with all the candour, with all the decency and decorum, and with all the refpect to the Houfe of Commons, which that affembly unquestionably deferved. Lord Mahon then moved: "that leave be given to bring in a bill for the better fecuring the rights of voters at county elections."

Mr. Wilberforce feconded the motion, and leave was given for the bill to be brought in.

Lord Mahon faid, that as foon as he had brought in the bill he fhould move to have it printed. Lord Mahon, Mr.. Wilberforce, and Mr. Duncomb, were appointed a committee to prepare and bring in the bill.

COURT

Sir Robert Smyth rofe, and in a short fpeech expatiated on the good effects of the bill that had paffed laft year to prohi bit the exportation of hay; after which he urged the neceffity that ftill exifted in the country, in confequence of the scanty crops of last year, and the uncertainty of the enfuing fummer's harveft, that the prohibition fhould ftill continue for a few months longer; this, he faid could not be effected without the introduction of a new bill, as that at prefent in force would expire next Tuesday. His purpose, therefore was, to move for leave to bring in a

bill" to continue the act of the laft feffion of parliament, relative to the expor"tation of hay, for a limited time."

Mr. Drake junior faid, he rofe with peculiar fatisfaction to fecond the motion, being fully convinced of the abfolute neceffity for a continuance of the prohibitition. Mr. Drake stated, that hay was at the high price of four pounds ten shillings per load in the metropolis, and at Salisbury it had very lately been fold for five pounds ten fhillings. There were gentlemen, he obferved, prefent, who if they communicated their local knowledge to the House, could furnish many additional inftances of hay's having fetched extravagant prices in their vicinities: there did not therefore in his mind exift a doubt, but that a renewal and continuance of the bill would be highly proper; he added, that the Continent had been in great diftrefs for hay, and had paid ftill more extravagantly for it than we had; it afforded therefore a corroborating proof, that a continuance of the prohibition was neceffary, and he trusted every man would, on this occafion, recollect the old proverb of "Charity begins at home," and vote for the motion. Mr. Drake while he was on his legs, obferved,

that

ballot to another day Mr. Sheridan ftrenuously contended that it would have been moft abfurd in him to have attempted to have made his motion, when fo effential an end aimed at by it, viz. the getting the ballot poftponed, was determined and over, by the ballot's having taken place. That was, he faid, an explanation of his conduct of yesterday, and he left it to the Houfe to decide whether it was at all inconfiftent or contradictory? Mr. Sheridan complained of the Minifter's having taken an unfair advantage of the letter of the act of parliament in calling to the Speaker to fhut the doors when he did. He admitted that according to the letter of the act, fuch conduct was warranted; but under fuch a strict enforcement of the letter of the act, the Minifter might, when the Houfe were in a divifion, and one hundred members (thofe in the oppofition) out in the Lobby, and two hundred (all the friends of the Minister) within the Houfe, call to the chair to lock the doors, and proceed to ballot with a complete certainty of carrying the election his own way. Mr. Sheridan put another cafe equally ftrong, and faid, grofs and prepofterous as thefe cafes were, they were not a jot more fo, than the Minister's conduct of the preceding day, when he prevented him from opening his motion, by calling to the chair to have the doors fhut while he was on his legs. What he meant now to move, would be that part of his yesterday's purpofe, which might yet be ufefully accomplished, viz, that the door-keeper be called to the Bar of the Houfe," there to ftate from whom he received the written lifts, and by whose authority he delivered them to the members as they entered. He enlarged upon the fact as an infringement of the privi leges of the Houfe, and as an indecent and direct attempt to influence the members in their capacity of electors of the new court of judicature, by treafury interference. He faid, he flattered himself, he fhould not again hear the ridiculous argument of the preceding day, that there was no compulfion ufed, and that the papers left the minds of the members as free and unbiaffed, as they were before they faw them. [Mr. Pitt (acrofs the Boufe) fo they did.] Mr. Sheridan declared his extreme furprize at the Right Hon. Gentle man's ftill contending for fo palpable an abfurdity; he faid, he had imagined even the shortest time for recollection would nave convinced the Hon. Gentleman, that the pofition was truly ridiculous and

that although Mr. Pearfon had not taken the members individually by the thoulders and forced them by manual strength to ballot for the lift, he had put into their hands, yet, certainly by having put the treafury lift into their hands, he had not, left their minds as completely free and uninfluenced as they had been before. The bill, he faid, affected great impartiality on. the part of the minifter; and it had been argued at the time the bill was in progress, that it was intended the Minifter for the time being should not interfere in the elec tion of the new court of judicature in any way whatsoever. How could this be reconciled to the conduct that had been adopted? A conduct at once fo indecent and fo degrading to them, that if the Right Hon. Gentleman dared rife and avow, that the lifts were prepared by his orders, and delivered by his authority, he would pledge himself to move the feveret cenfure of that Houfe upon the Right Hon. Gentleman. Mr. Sheridan ufed a variety of arguments to prove that it was the duty of the Houfe to inftitute an enquiry, in order to affertain what he had stated, as a matter highly culpable on the part of the treafury and the Houfe, he faid, could take no means fo effectual as doing that, as ordering their door-keeper to the Bar. He defired not to be misunderstood as meaning to caft any fort of flur on the characters whofe names were in the written lift; more refpectable characters he knew not, and fo far was he from wishing it to be conceived, that he intended to throw any imputation upon them, he was not without hopes that they would fee! that he was combating their caufe, and would all vote with him. He recapitulated fome of the heads of his speech, and concluded with moving, "That Mr. Jo

feph Pearfon, door-keeper, be now "called in, and examined, in relation to "the faid complaint."

Mr. Francis tofe to fecond the motion, and prefaced his doing fo by a thort fpeech, in which he declared, that he had not attended the ballot, as he had uniformly profeffed himself adverfe to the conflituion of a court of judicature, fo unconftitutional in its origin and principle, and fo inimical to the natural rights of Britifh fubjects in every particular of its inftitution, powers, and proceedings. Upon the face of the matter, Mr. Francis faid, it ftruck him, that the election had been particularly conducted, and that an enquiry was neceffary, This ferved to con firm his former fufpicions of the extremne