LINCOLN'S INN BENCHERS—PETITION OF MR. FARQUHARSON. (Hansard, 23 February 1810)

§ Mr. Sheridan

.— Sir, I rise to present the Petition of a gentleman of the name of Farquharson, to which I request the particular attention of the House. I present it with great reluctance, because it contains a grave and serious charge against a respectable body of men, the Benchers of Lincoln's Inn, and alleges, that they have committed an act of grievous and unwarrantable oppression. The Petition states, that the Benchers of the honourable society of Lincoln's Inn have violated the principles of the constitution of the united kingdom, and have usurped the powers of the Legislature, by making a certain rule or bye-law to the following effect:—"1807. That no per-"son, who has written for hire in the "newspapers, shall be admitted to do "exercises to entitle him to be called to 553 "the bar."—Now, Sir, I am not meaning to dispute the title of the Benchers of Lincoln's Inn to make individual objections to the admission of any person into their society, whom, upon just grounds, they may deem to be unfit to be called to the bar; but I do contend, that any general sweeping rule of this sort, applied to any particular class of men, and tending, as it necessarily must do, to degrade that class in society, is not only oppressive, and illiberal, and illegal, but is also unconstitutional. If it was merely oppressive and illegal, this would not be the place to which the parties aggrieved ought to resort for redress. I contend, that though I this bye-law is most illegal, it is likewise unconstitutional, and that against it there is no other mode of redress, but by an appeal to this House; the Society, whatever description it may have, or however it may be constituted, not being that kind of corporation against which any person can have a remedy by appeal to the Court of King's Bench, or by Duo Warranto. As I mean to take up this important subject on a future day, I shall, at present, barely observe, that if the principle recently adopted by this Society had been acted upon at a more early period, it would have excluded from the bar men who have been an ornament to the profession, and would have prevented many persons from having a seat in this House, who have been an honour to the legislative body. There is one other thing I wish to mention: the person whose petition I present, has written a series of letters upon this subject, which appeared in a respectable Morning Print, "The British "Press," and have since been re-published in the shape of a pamphlet. I have seen and discoursed with the writer of those letters, and he is now perfectly convinced that he was wrong in supposing the Lord Chancellor was the author of the measure of which he complains. He is thoroughly persuaded that the Lord Chancellor has too much liberality to have originated any such proceeding, or to have had any thing to do with the matter: I am proud to state this circumstance, because I should be sorry that it should for a moment be supposed, that his lordship was capable of giving his sanction to such a transaction; and I have to add, that the Lord Chancellor is in no respect privy to, or accountable for, this rule or bye-law having been affixed in the hall in which he holds the Court of Chancery.

554 The Petition was then brought up and read. It was in these terms:

"To the hon. the Commons of the United Kingdom of Great Britain and Ireland, in Parliament assembled. The Humble Petition of GEORGE FARQCHARSON, of Great Charlotte street, in the Parish of Christ Church, in the County of Surrey, Gentleman;

"Sheweth;—That your Petitioner, as a subject of the United Kingdom, by birth, is, and claims to be, entitled to all the rights, civil and political, which are, or have been, heretofore, enjoyed by the people of these realms, under the reign of his present most sacred Majesty, and the reigns of his royal and illustrious Predecessors.—Your Petitioner humbly submits, that the government of the united kingdom knows no distinction of Persons—that all conforming to the laws are alike the objects of its attention, and that no class of men can, without an infraction of the spirit and essence of the British constitution, be deprived of any of their rights, civil or political, by the act of writing for the newspapers, which are published in this free country.—That, some time previous to the year 1S07, your Petitioner was a writer for several of the newspapers, and, from his literary exertions in that capacity, derived considerable emoluments. And your Petitioner humbly suggests, as the result of his information and belief, that some of the most accomplished scholars, eminent lawyers, and enlightened statesmen, who have ever adorned society, or sat as representatives of the Commons of the united kingdom, in your honourable House, have been persons who, in the early period of their lives, have written for hire in the newspapers, and other periodical publications.—That the benchers of the honourable society of Lincoln's Inn, have, as your Petitioner submits, violated the principles of the constitution of the united kingdom, and usurped the powers of the legislature, by making a rule, or bye-law, to the following effect—'1807. That no person, who has written for hire, in the newspapers, shall be admitted to do exercises to entitle him to be called to the bar.'—That your Petitioner lately made application for the purpose of entering his name, as a member of the honourable society of Lincoln's-Inn, and studying the law in that society, with the view of being called to the bar; but he was informed at the office of the steward of the 555 said society, that he could not be admitted, in consequence of such rule, or bye-law, which excludes the class of men, therein designated, from doing the exercises that are to entitle them to be called to the bar; —and your Petitioner humbly submits to the judgment of your honourable House, that such rule, or bye-law, is an arbitrary and unconstitutional proceeding.—Your Petitioner, therefore, solicits the attention of your honourable House to the subject of his complaint, and humbly prays, that you will grant such relief as to your honourable House, in its wisdom, shall seem meet. And your Petitioner shall ever pray, &c.