JOHN BOWLES'S NEW SOCIETY; OR SHAM LOYALTY UPON ITS LAST LEGS. The spirit of disaffection, which has reeently made its appearance in the metropolis, and in some parts of the country, denotes that there still exists amongst us a body of men, whom no experience of the calamities attendant upon violent changes can moderate, and whose inveterate hostility to the establishments of our country no reasoning can reclaim. Even the great external danger which menaces the nation, does not seem to disarm their virulence, or even from a sense of public or individual safety, to contain their disorderly spirit within the limits of discretion. We are inclined, however, to think that this disposition to mischief is not get.eral. The lower orders of the people appear to be more under the influence of delusion, than of a premeditated determination to alienate themselves from their wonted reverence to the laws and constitution of their country. Of this fact we are the more convinced since the establishment of that iron reign of tyranny in France, which has put an end to those visionary and abstract notions respecting the principles of government, which some years ago convolsed the world, and in a more particular manner seduced the understandings and affections of the common people from the venerable constitution of our country. The people, it is to be hoped, have divorced from their minds those pernicious theories, which they had once striven to reduce into practical effect. But it is to be lamented, that whether deceived by the artifices and hopeless impenitence of men, whose deep rooted animosity to our form of government neither time nor experience can allay; or moved by well-intentioned, though fallacious, ideas of liberty; a considerable portion of the people are, at the present moment, imposed upon by the intrigues of designing, desperate, and unprincipled demagogues, instigated to the unblest work of mischief by the peculiar circumstances of the times. In the prosecution of their objects, necessarily leading to civil disorders, they have resorted to all the usual practices, to which, since the press has acquired an ascendancy over the public mind, the enemies of religion and regulated government have recurred. They have converted the press, which ought to be a wholesome instrument of public instruction, into an engine for the circulation of the most pernicious maxims. They have indeed so far succeeded, as to make it, in every respect, subservient to their own views; and while dangerous doctrines, inculcating an audacious resistance to the laws, are widely dispersed through that powerful medium, no counteracting exertions have been hitherto employed to ren der it an useful auxiliary of the laws, of good morals, and of social order.-While seditious and unseemly ballads are incessantly sung in the streets, to ungodly tunes; while inflammatory hand-bills are distributed and posted in every quarter of the town; and while the periodical press is mischievously engaged in disseminating principles subversive of the laws and constitution; it surely cannot be thought inexpedient, or unworthy of the concurrence of loyal men, to combine for the purpose of interposing an effectual check to such alarming licentiousness. The public disorder increas more by the indifference or apathy of good, than by the bo.dness of the wed. For if the friends of the constitution sleep, while its enemies are undermining its foundations, and assaulting its bulwarks, it betrays a culpable want of common sense to suppose that the constitution itself will survive the secret machinations, and open attacks, which are directed against it. Prudence and the sentiment of national preservation dictate, therefore, that domestic agitators ought to be resisted, by the same means which they employ to mislead and to seduce the people. Why should not the press be as actively engaged in the circulation of good, as of bad principles? We can discover no other reason against this position than that too confident opinion, which is unfortunately prevalent among the friends of order, that the best frame of government in the world possesses the means of guaranteeing its own safety, without the interference of those who have the happiness to live under it, and be sensible of its blessings. This, however, is a fatal delusion, contradicted by the evidence of history, and by our knowledge of human nature. For an active, indefatigable, and daring faction, has on numberless occasions overcome the will and the influence of the general body of the people,-when that will and that influence have not been exerted in the repression of its measures -Inpressed with a conviction of the imminent danger consequent on a supine inattention to the practices of domestic incendiaries, and confident of the advantages which must infallibly result from a timely effort to disabuse the public mind; several Gentlemen have for some time past individually contributed their efforts, and finding, even upon this small scale, a most sensible impression produced upon the public mind, are anxious to extend by a more enlarged co-operation the full effect which may be reasonably expected by printing and distributing gratis, or at a cheap rate, among the lower orders, proper antidotes to the pestiferous doctrines, which daily issue from the press under the direction of the disaffected. On the strength of these principles, and on the certainty of the salutary effects which must flow from their exertions, (of which no doubt can be reasonably entertained, when the prodigious success of exertions on the opposite side is considered); the Gentlemen who have embarked in this loyal and laudable undertaking, without the least connection with any of the parties which now divide the interests and affections of a great portion of the community, invite all those who think as they do concerning the exigency of the times, and the necessity of counteracting the mischiefs which designing men are preparing against the peace of the kingdom, to co-operate in their constitutional and honest intentions, by contributing to a fund which they have already instituted, for the dissemination of sound and good principles among the lower classes of society. The partnership of Bowles, Brickwood and Co. in Old Broad Street, being dissolved, contributions for the above purpose will be received by the Secretary, and by Messrs. Devaynes and Co. and Messrs. Praeds and Co. Bankers, in London; and Messrs. J. C. Beresford and Co. and Sir John Stewart, Bart. and Co. Bankers, in Dublin; and by Mr. Lloyd, Bookseller, Great Mary-le-bone Street; Mr. Asperne, Bookseller, Cornhill; and Mr. Walker, Bookseller, No. 192, near St. Clement's Church, Strand. By order of the Committee, A. B. TURNBULL, Secretary, No. 3, Bolt Court, Fleet Street. N. B. Sums, however small, will be thankfully received; but, it is hoped, that no Bank-notes with those offensive words, "BURDETT FOR EVER," written upon them, will be sent. [A Commission of only 2 per cent. will be charged, agreeably to the recommendation of the Report of the House of Commons relative to the Flemish Account of the Dutch Commissioners.] PARISH OF ST. DUNSTAN IN THE WEST. SIR-Actuated by your acknowledged impartiality, and the excellent and unanswerable arguments you have employed against the assumed right of the House of Commons to imprison the subjects of these realms, for offences cognizable in the Courts of Law; I beg your attention to a few plain statements on the subject of a Declaration said to have been entered into at a Meeting of the Vestry of the Parish of St. Dunstan in the West, signed by the Rev. RICHARD LLOYD, A. M. the Vicar. As that Declaration roundly charges all who have participated in the late Petitions and Addresses respecting the questions of Privilege and Parliamentary Reform, with "bold and alarming attempts to sow the seeds of dissention throughout the country," which attempts it regards" as proofs of political frenzy, or of foul sedition;" a brief but true account of the Declaration may be justly considered due to the loyalty and constitutional principles of those whom the author has thus flagitiously endea voured to stigmatize and vilify. I am, Sir, a Parishioner of St. Dunstan's in the West; and although neither, so deeply versed in "Christian Theology," nor in those constitutions which were the dreams of ancient sages," as the Rev. Richard Lloyd, A. M. Vicar and Chairman; I feel myself, as a plain man, and fond of truth, no less entitled to the notice of my brother parishioners, than the author of the Declaration in question. In the 1st place: The Vestry was not called to take the Declaration into consideration but in the old customary way, for transacting the business of the Parish.-2dly, The number of persons who attended that Vestry, did not exceed sixteen.—Suty, The Declaration was introduced by the Rev. Mr. Lloyd himself, who, er cathedrá, earnestly and piously expatiated on the necessity of its adoption.-4thly, No epinion was given by the Meeting on the Declaration, although moved and seconded, nor was any decision taken upon it.5thly, The Declaration was not signed by any one of the Vestrymen then present.— 6thly, The Rev. Richard Lloyd, A. M. Vicar and Chairman, does not reside, either as a householder or lodger, in the Parish of St. Dunstan. I readily acknowledge the zeal and ability with which the Rev. Mr. Lloyd dis 909] JUNE 16, 1810.—First Report from the Select Committee, &c. charges the duties of his vicarial office ; A PARISHIONER OF ST. DUNSTAN'S First REPORT from the Select Committee on Proceedings relative to Sir Francis Burdett.-(Concluded from p. 864.) [910. sons committed by the House of Commons have been brought up by Habeas Corpus before the Judges and Courts of Common Law; and in these cases, upon its appearing by the return to the Habeas Corpus, that they were committed under the Speaker's Warrant, they have been invariably remanded. 3. Having stated these instances of the manner in which the acts and commitments of this House have been brought into judgment in other Courts, and the consequences of such proceedings, your Committee further think it proper, and in some degree connected with this subject, to advert to the course which was adopted for staying proceedings in suits brought against Members and their servants, while they were protected from such suits du Upon the report from the Committee of Privileges and Elections, to whom this petition of J. Topham was referred, the House resolved, That this House doth agree with the Committee, that the judg-ring the sitting of Parliament. ment given by the Court of King's Bench, Easter Term 34 Car. II. Regis, upon the plea of John Topham, at the suit of John Jay, to the jurisdiction of that Court; and also the judgments given against the said Mr. Topham, at the suit of Samuel Verdun, &c. are illegal, and a violation of the privileges of Parliament, and perni-" cious to the rights of Parliament." Where-" upon it was ordered, "That Sir Francis Pemberton, Sir Thomas Jones, and Sir Francis Wythens, do attend this House on Wednesday morning next." "In consequence of this order, Sir Francis Pemberton and Sir Thomas Jones, who had been two of the Judges of the Court of King's Bench at the time when the judgment was passed, were heard in their defence; and afterwards committed to the Serjeant at Arms, for their breach of the privileges of this House, by giving judgment to over-rule the plea to the jurisdiction of the Court of King's Bench." Your Committee think it proper to state, That Sir Francis Pemberton and Sir Thomas Jones, in defending themselves at the Bar of this House for their conduct in over-ruling the Plea to their Jurisdiction in the actions of Jay v. Topham, &c. defended the judgment they had given, by resting upon the nature of the pleading, and not by denying the jurisdiction or authority of this House; and Sir Francis Pemberton expressly admitted, that, for any thing transacted in this House, no other Court had any jurisdiction to hear and determine it. Your Committee in the next place think it expedient to state to the House, that there are various instances in which per The roll of Parliament, 8 Ed. II. affords the earliest trace which your Committee has found upon this subject. It is a writ from the King, confirmatory of the privilege of being free from suits in time of Parliament, and is in the following words: "Rex mandavit Justiciaries suis ad assisas, jurat: &c. capiend assignat: quod supersedeant captioni corandem ubi co"mites barones et alii summonati ad Parl. "regis sunt partes quamdiu dictum Par"liamentum duraverit." There have been various modes of proceeding to enforce this privilege. In Dewes's Journal, p. 436, 31 Eliz. 15881589, Friday 21st of February, your Committee find the following entry :-" Upon a motion made by Mr. Harris, that divers Members of this House having writs of Nisi Prius brought against them, to be tried at the Assizes in sundry places of this realm to be holden and kept in the Circuits of this present vacation, and that writs of supersedeas might be awarded in those cases in respect of the privilege of this House due and appertaining to the Members of the same; it is agreed, that those of this House which shall have occasion to require such benefit of privilege in that behalf, may repair unto Mr. Speaker, to declare unto him the state of their cases, and that he, upon his discretion (if the cases shall so require) may direct the warrant of this House to the Lord Chancellor of England, for the awarding of such writs of supersedeas accordingly. But the House used to stay also proceedings by its own authority; sometimes by sending the Serjeant at Arms to deliver Committee, that the bringing these actions against the Speaker and the Serjeant, for acts done in obedience to the orders of this House, is a breach of the privileges of this House. And it appears, that in the several instances of actions commenced in breach the person arrested out of custody; and sometimes by letter from the Speaker to the Judges before whom the cause was to be tried. Of this latter mode of proceeding, your Committee find many instances previous to the 3d of Charles I. Your Committee find a decision against the authority of such a letter, in the Court of King's Bench, which is reported in the margin of Dyer's Reports, p. 60, and in Latch, pp. 48, and 150. And shortly after he refusal by the Court of King's Bench to notice this letter from the Speaker, the Parliament was, dissolved. There are, however, many other instances of this course of proceeding after the Re-ings in such action. storation; and in the instance of Lord Newburgh (23d February 1069) the House ordered the proceedings to outlawry to be staid during the Sessions, and the record of the exigents to be vacated and taken off the file. of the Privileges of this House, the House has proceeded by commitment, not only against the party, but against the Solicitor and other persons concerned in bringing such actions; but your Committee think it right to observe, that the commitment of such party, Solicitor, or other persons, would not necessarily stop the proceed does not necessarily appear upon the writ That as the particular ground of action which such action is brought, cannot stay or upon the declaration, the Court before the suit, or give judgment against the Plaintiff, till it is informed, by due course of legal proceeding, that such action is brought for a thing done by order of the House. The last instance which your Committee find of such letters having been written, occurs in the Lord Bulkeley's case in 1691, in which the Speaker is directed to write a letter to the Prothonotary that hemittee, That even though the House And it therefore appears to your Comdo not make out, and to the Sheriff of the county of Pembroke, that he do not execute any writ whereby the Lord Bulke ley's possessions may be disturbed, until Mr. Speaker shall have examined and reported the matter to the House, and this House take further order thereon. By 12 and 13 W. III. c. 3. this privilege was curtailed; and further by Stat. 2 and 3 Ann, c. 18.-11 Geo. II. c. 24.-10 Geo. III. c. 50. Lord Chief Justice De Grey says, in Crosby's s case, " If a member was arrested before the 12 and 13 W. III. the method in Westminster Hall was to discharge him by writ of privilege, under the Great Seal, which was in the nature of a supersedeas to the proceeding. The statute of William has now altered this, and there is no necessity to plead the privilege of a Member of Parliament."-All these Acts merely apply to proceedings against Members in respect of their debts and actions as individuals, and not in respect of their conduct as Members, of Parliament; and therefore they do not in any way abridge the ancient law and privilege of Parliament, so far as they respect the freedom and conduct of Members of Parliament as such, or the protection which the House may give to persons acting under its authority, 4. Upon the whole, it appears to your should think fit to commit the Solicitor or these actions; yet it will still be expeother person concerned in commencing dient that the House should give leave to the Speaker, and the Serjeant, to appear to for the purpose of bringing under the the said actions, and to plead to the same; knowledge of the Court, the authority House should agree with that opinion, under which they acted: and if the whether it would not be proper that diyour Committee submits to the House, rections should be given by this House, for defending the Speaker and the Serjeant against the said actions. RESOLUTIONS, PETITIONS, REMONSTRANCES, &c. on the LIBERTY OF THE SUBJECT and PARLIAMENTARY REFORM, 1810. SHEFFIELD MEETING. RESOLUTIONS. June 6, 1810. At a Meeting of from seven to eight thousand of the Inhabitants of the Town and Neighbourhood of Sheffield, convened by public advertisement, and held this day in Paradise Square, by adjourn ment from the Town Hall, to take into consideration the Assumption of Privilege by the House of Commons, of imprisoning his Majesty's Subjects for Offences cognizable in the courts of for seats and to adopt any plan of Reform, and all the other numerous grievances under which we have long been labour 6. That in order to arrest the progress of our national calamities, and avert those dangers which threaten the destruction of the state, it is our decided opinion, that the House of Commons should be restored to its constitutional dependence upon the people, whom it is its proper function to represent; that we highly approve the Petition to the Honourable House now read; that the Chairman and Requisitionists be authorized to sign it on the behalf of this Meeting, and that it be transmitted to Mr. Whitbread, who is hereby requested to present and support the same. law; the subject of a Parliamentary Reform; and the propriety of returning Thanks to Sir Francis Burdett for his services to his Country, the following, are entirely owing to the want of a ing Resolutions were voted unani- well organized and more extended Repremously: MR. RHODES, in the Chair. sentation of the People in Parliament. 1. That the subjects of these kingdoms are entitled to personal liberty and security as their unalienable birthright, transmitted by their ancestors and confirmed by many venerable statutes; a high and sacred trust which they are determined if possible to leave unimpaired to posterity. 2. That no privileges subversive of these Rights can co-exist with the statutes which enacted and confirmed them; and while we fully acknowledge the competency of the Commons House of Parliament to punish contempts, and to remove obstructions to public business; we most solemnly main tain that it has no power to dispense with 7. That from a full conviction that the the unrepealed statutes of the Realm, by present state of the Representation is the punishing at discretion such offences as grand source of all our evils, and that no cause no actual interruption of its pro-real, substantial, permanent benefits can ceedings, and are cognizable in the courts be conveyed to the people, until they of Law. have the power of sending honest and in3. That feeling the most ardent attach-dependent men into the House of Comment to the constitution of our country, and jealous of the least infringement upon those Laws to which we owe our dearest enjoyments, we have observed with unaffected sorrow and alarm some recent proceedings of the honourable the House of Commons, by which it has assumed the power of depriving us of our personal liberty, contrary to the letter and spirit of many excellent statutes, which enact that "no Freeman shall be imprisoned but by the lawful judgment of his equals or the Law of the Land." mons, this meeting do most earnestly and respectfully suggest to all the counties, cities and towns of these kingdoms, the necessity of presenting petitions to parliament upon this subject on the opening of the next session, and of supporting by every means in their power, Sir Francis Burdett, Mr. Brand, and other Gentlemen who may co-operate with them in so important a work. 8. That from the recent decision upon Mr. Brand's Motion, it is too probable, that the almost unanimous voice of the 4. That in our opinion a Judge and nation in favour of that measure may conJury form the only proper and legal tri- tinue to be disregarded by the present. bunal in cases of libel; and were the House of Commons. It is therefore bepower now assumed by the House of come the duty of the people themselves, Commons of deciding in all cases upon independently to exert the power rethe nature and extent of their own privi- maining to them in the state, by embracleges confirmed, it would have a fatal in- ing every opportunity of electing such fluence upon the liberty of the press, and members only, as will unequivocally promight, in the hands of a corrupt and un- mise their best exertions to obtain that principled administration, become a dread- Reform in Parliament, so absolutely esful engine of despotism, and finally subver-sential to the salvation and permanent sive of the English Constitution. prosperity of the country. 5. That the fatal wars in which we have been engaged, the lavish expenditure of public money, the exercise by the House of Commons of illegal and unnecessary privileges, its approbation of ruinous expeditions, its support of weak and arbitrary Ministers, its refusal to enquire into the shameful practice of trafficking 9. That the Right Hon. Viscount Milton, when he solicited the honour of representing the County of York, did solemnly declare to the people at the Cloth Hall, in Leeds, that they should ever find in him an active enquirer into abuses, and were it in his power, he would root out the very seeds of Corruption; |