HC Deb 10 July 1821 vol 5 cc1508-10
Mr. Hume

rose to present a petition from a Mr. Jameson, a Writer to the signet in Scotland, who complained of having suffered severely from acts of Sederunt in the Court of Session. By these acts the court had the power of superseding acts of parliament. It was impossible for a suitor in that court to know what act was in force, or in disuse; for, strange to say, it rested entirely with the judges to declare which laws were in force, and which were in desuetude. Nay, one judge of the court had declared the clause of a bill to be in force, while another held that it was not. If, then, the law was held to be a lottery in England, how much more uncertain was it in Scotland. The commissioners of inquiry had stated, that the grievance now complained of should be inquired into; but no further mention was made of it. He had last year presented a petition from a Mr. Hay, on the same subject. It was the opinion of Blackstone, that if the judicial and legislative functions were united in the judges, the lives, liberties, and properties of the people would be at the mercy of a few individuals. It was only necessary to put a wig and a gown on any individual in order to qualify him to give lectures on public matters. We had many instances of judges going out of their way, for the purpose of delivering opinions on matters not connected with their duty. Witness the conduct of sir J. Silvester, who, in delivering a charge to a jury, went out of his way for the purpose of praising the Bridge-street Association. He thought it ill became men who were elevated to such high rank by the monarch, thus to go out of their way for such purposes. The magistrates of Montrose having quarrelled, a suit at law was instituted, but the judges Were unanimously of opinion, that the proceedings should be dismissed with costs. On that occasion, the lord president Hope behaved in a grossly improper manner. The House would recollect that a few years ago an alteration took place in the set or constitution of the burgh of Montrose. Upon that occasion a noble friend of his brought forward a motion on the subject, when ministers defended the alteration, and the motion was lost. Let the House, however, observe the alteration which took place in so short a time. The lord president Hope, in delivering the opinion of the court, advised the magistrates that they should be cautious how they granted criminal warrants under the new charter, as their situation might not protect them from the consequences of a civil action, what must be the situation of the country if magistrates were to be deterred from doing their duty.

Lord Binning

said, he must protest against all that the hon. member had said respecting the court of session as being totally groundless; and he must add, that the hon. member had made but an ill use of his discretion in bringing this subject forward as he had done. He denied that the judges superseded the law by acts of sederunt; and with respect to desuetude, he understood it applied only to certain Scottish laws, and not to any British act of parliament. He had no doubt this petition would turn out to be one of that class of which they had already seen but too many.

Lord A. Hamilton

complained of the hardship of allowing the judges to declare which laws should be held in force, and which in desuetude.

Mr. Hume

said, that so wedded was the noble lord to the abuses which existed in Scotland that he believed, if they were shown to be as black as ink, it would be impossible to induce the noble lord to remove them. He repeated, that the charges against the lord president Hope were true, and admitted of no justification. He had on one occasion ordered a person from the bar, declaring that acts of sederunt should supersede the law of the land.

Lord Binning

could not allow the imputations thrown out against his relation to pass unanswered. The hon. member might think that abuses existed in Scotland, and wish to reform them; but was it fair to make such an attack upon the character of an individual upon the last day of a session? There was no man who knew the lord president who did not admire and respect him, both in public and private.

Ordered to lie on the table.