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the additional expense to the country which the hon. gentleman had introduced, would be but a minor consideration. He but he did expect, that when the hon. had known many instances of persons gentleman had brought the subject before being confined nine or ten months on very the House, he would have been prepared trifling charges, who would have been with some specific plan to remedy the sent back to their families at an early evil of which he had complained. He period if there had been two assizes in the was not, however, prepared, even if the course of the year instead of one. One hon. gentleman had proposed such a reman he had known indicted for stealing a medy, to enter upon it, without that magame cock, who was closely confined for ture deliberation which such a subject nine months, and when he was at length required. He objected to the motion, brought to trial, there was not a shadow because he thought it brought forward too of evidence to prove his guilt. He con- suddenly alterations which required the ceived that circumstances of this kind most serious consideration before they were evils for which the legislature was were made, and because the hon. mover answerable, if it did not provide some im- had shown no grounds to prove that any mediate remedy. The one he proposed, emergency existed which would render he thought would be found efficient; but the proposed alteration immediately nehe did not mean positively to press that, if cessary. He admitted, with the hon. any other was suggested, which might mover, that the Crown had the power of answer the purpose as well. It was to him a issuing special commissions, but he conmatter of indifference whether there were fessed he was not aware of any particular five judges or four on the bench, provided circumstances which rendered their being the administration was prompt. But as issued on the present occasion necessary. the evil existed, he thought it would be too It might be important to inquire what much to refuse the remedy. It might, legislative measures should hereafter be perhaps, be said, that the remedy he had adopted on the subject. But as the moproposed would be thought too expensive tion then before the House went suddenly on the counties; but he did not think it to alter a long established mode of admiwould be found that any such objection nistering justice, and that too without any would be made by the counties them- sufficient cause being adduced, he thought selves. The several noblemen and per- it his duty to move the previous question. sons of distinction in the counties would not feel any objection to entertain the judges twice a year, instead of once. The bishop of Durham was known to keep a most hospitable table, and he was convinced that his lordship would feel no objection to entertain the judges when they came down. He was certain, that if he held the same situation which the worthy bishop did, he should have no objection to entertain the judges four times a year instead of twice [A laugh]. The hon. gentleman concluded with moving,

"That an humble Address be presented to his royal highness the Prince Regent, praying that he will be graciously pleased to issue his commission of Oyer and Terminer and General Gaol Delivery for the counties of Westmorland, Cumberland, Durham, and Northumberland, and the town and county of Newcastle-upon-Tyne, twice in every year, and also his commission of Assize and Nisus Prius; and to assure his Royal Highness that this House will make good any expense attending the same."

The Attorney General said, he would not enter into a discussion of all the matters (VOL. XXXVII.)

Sir C. Monck expressed his surprise at the opposition of the hon. and learned gentleman to the motion of his hon. friend. He had expected that an amended motion, rather than the previous question, would have been submitted. The address was proposed on the ground of a notorious defect in our judicial system; and whilst he admitted that the administration of justice was pure, he wished also to see it prompt in every part of the country. A prompt administration was of the essence of justice, for delay might render its decisions useless, whatever were their wisdom or integrity. The northern counties, whilst they contributed equally to the burthens, laboured under various disadvantages; but the one now under consideration was peculiarly grievous. They were not at a greater distance from the seat of government than Cornwall, where the assizes were held twice a-year. It might be said, that they were held but once at Bristol; but at Bristol, a man committed for any offence might remove himself, if he thought fit, to the county gaol, and by this means accelerate his trial. With regard to the proposed mea(2 G)

tended to make so material an alteration in the whole system of Westminster-hall. He apprehended, indeed, that the hon. gentleman had acquitted himself of much of his duty by calling the attention of the House to the question. He did not mean to dissent from the proposition, that it was proper that some alteration should be made. He did not mean to imply that it was not desirous that there should be an administration of justice in the parts which the hon. gentleman had mentioned, twice a year instead of once; but he thought that, instead of the motion he had made, if he had moved for an inquiry, it might have been preferable. There had been one, not long ago, into the administration of justice in Wales; and if the hon. member had brought his motion forward in that way, he should have had no objection to it; but in the manner in which he had brought it forward, he had jumped to his conclusion at the very outset, and had not presented his arrangements to the House in any other manner than by the very clear statement which he had made. As to the previous question, by adopting that mode on the present motion, they were not neglecting the question, but merely declaring that it was not then to be put; and as the House had not made their minds up, he thought that mode the most advisable.

sure being a great departure from the ordi- | to adopt the general proposition, which nary course of justice, and from the present constitution of the courts, he could see it in no such light, though he should perhaps have preferred to see it brought forward in a more simple form. He could not imagine any solid objection to the direct and immediate extension of the Spring assizes to the four northern counties. The difficulty and expense would be nothing, when weighed against the interests and the rights of their fellow-subjects. If the sum of 400,000l. had been given away to Spain (a measure which he was happy to think he had voted against), for the suppression of the slave-trade at the expiration of two years, surely the sacrifice of a few thousands a year could not be considered excessive, when the object was, to communicate to the four northern counties that prompt and frequent distribution of justice which was enjoyed by every other! A thousand inconveniences arose out of the present defective system, not only from the delay of justice, but from the absence and death of witnesses. Every British subject was entitled by Magna Charta to the most prompt decision of his case which could be devised by the wisdom of the legislature. "Nulli negabimus, nulli differemus justitiam," was the language of that fundamental statute, and he would beg the House to reflect how far the mode of administering justice in the northern counties was consistent with the principle of the "nulli differemus justitiam." He was sure that if the House consented to put the previous question on a subject of such importance, they would be guilty of a gross dereliction of duty. Lord Castlereagh thought, that the House were not prepared to enter into such a subject. He was persuaded they could not see their way so far as to venture to address the Crown upon an alteration which would render necessary a very extensive change in the constitution of the courts of Westminster-hall. Unless, indeed, there were an addition, if not of actual judges, at least of temporary ones, to act, as substitutes, the alteration could not be completed. The hon. gentleman had opened to the House a method by which the change might be effected, without making any great derangement of the present state of things; but he was quite unable to go along with him in the whole of his reasoning; and the House, he was sure, would feel it quite impossible

Mr. M. A. Taylor said, he had brought forward his motion merely for the purpose of having the matter considered. He had thought it his duty to bring the question before the House, and it had struck him that the way in which he had done it was the best in which it could be discussed. He was sure the House could and would entertain it. It was of no consequence to him in what manner it was done, provided its object was effected; and therefore, with the leave of the House, he would withdraw his motion, He only wished to impress the House with the necessity there was of having something done on the subject.

Mr. Brougham agreed entirely with his hon. friend. The irresistible case which he had made out in favour of pure justhe was such as could not but carry its object. He was extremely glad to find that there was no objection made to it, but with regard to the proper mode of proceeding. He could not help strongly urging on his hon. friend the necessity of a motion for an inquiry.

Sir M. W. Ridley said, that he had always been impressed with the expediency of having the assizes in the northern coun-ed to take them off by the first coach; ties twice in the year, and thanked his hon. friend for the motion he had submitted to the House.

PETITIONS OF JAMES LEACH, AND BENJAMIN SCHOLES COMPLAINING OF THE OPERATION OF THE HABEAS CORPUS SUSPENSION ACT.] Sir Francis Burdett presented a Petition from James Leach, flannel weaver, of Broadoth-lane, near Rochdale, in the county of Lancaster having their irons taken off, and a litter, setting forth;

another of those unfortunate men who had been the victims of proceedings di

ship's information was that gave him that authority, it was incorrect; his lordship then added, that the petitioner was com-rected by the secretary of state, armed mitted, and at some future day he should be brought to trial, for which he should have timely notice, with a list of the evidence against him; the petitioner was then taken back to Cold Bath-fields to his former situation: on Thursday the 1st of May, he was removed to Chelmsford gaol, in the county of Essex, conducted by a king's messenger and a turnkey, handcuffed to one Flitcroft, from Stockport; while the petitioner remained in that prison, he was never suffered to sleep with his clothes in the same cell, they were taken away from him every night and returned every morning; his bed was purely searched every morning, and when he attended divine worship in the prison often overturned; that, on the 14th of November, he was taken before a bench of magistrates to enter into recognizances which bound him in one hundred pounds to appear in the court of King's-bench on the first day of the next term, and day by day, and not to depart the court without leave; and the petitioner returned home to his distressed parents, who, by the fatal consequences of his imprisonment, had not reduced them to beggary only, but brought them near to the grave; on the 21st of January, he received a letter signed by John Entwisle, esq. one of his majesty's justices of peace, stating that he was desired by lord Sidmouth to acquaint him, that as nothing had appeared against him in his conduct since his discharge, his appearance in the court of King's-bench on the first day of next term, pursuant to his recognizance, would be dispensed with, and his lordship hoped that his future conduct would never render it necessary to call him into a court of justice; the petitioner can assure the House that he never was guilty of any such treason, or any breach of the law, that it was always his principal motive in promoting peace and quietness; therefore, as an object truly deserving compassion, after eight months of unjust imprisonment, with his health impaired, with an injured character, out of employment, and in a state of starvation, the petitioner most humbly implores and petitions the House to take his case under their most serious consideration, and for such redress as in their wisdom they can grant him.”

Mr. Brougham said, he had to beg the attention of the House to a petition from

with the powers given him by the suspension of the Habeas Corpus act; and he entreated gentlemen would do him the favour to listen to the statements which that petition contained, and they would then be aware of its importance, and be disposed perhaps to investigate it. The petition was from one Benjamin Scholes, of Wakefield, where he had resided till July last. He was a victualler and alehouse-keeper, by which business he had supported himself and his family with comfort. In July, however, he had been apprehended by a warrant from lord Sidmouth, thrown into prison, and notwithstanding the prison of Wakefield was well secured, and well regulated, he had been conveyed to the castle of Cambridge. There he had been detained till January, in which month he had been set at liberty without any more cause for his liberation than had been stated for his detention. In consequence of his imprisonment, he had been ruined, his house and business broken up, and himself materially injured in his health. The learned gentleman said, he had in his possession a certificate from a respectable member of the college of surgeons who had attended him, which declared, that the confinement which the petitioner had endured had caused the illness under which he had laboured. His health was broken, and he was ruined in circumstances; and he had now to state to the House the sole reason of those proceedings which he had been able to discover. A charge had been laid against him by two persons of the names of Öliver and Bradley, for having been concerned in meetings held in his own house for seditious purposes. The particulars of that transaction he should relate to the House. Scholes first became acquainted with Oliver through the introduction of a person of the name of Mitchell, who was travelling about Yorkshire, as others had done in various parts of the country, pretending to come from societies in London, and making use of the names of the hon. baronet the member for Westminster, as well as that of his noble colleague. In the course of their proceedings, Oliver was very constant in instigating Scholes to go farther. Oliver said it was in vain to petition, petitioning was of no use; that they must have recourse to physical force. Scholes in consequence had some suspi