HL Deb 21 January 1805 vol 3 cc46-7
The Marquis of Abercorn

presented again the three petitions against Judge Fox, which were submitted to the house last session; namely, one from Mr. Hart, one from the Grand Jury of the county of Fermanagh, and one from the High Sheriff of the same county, which were severally read, and ordered to lie on the table. His lordship then presented the heads of the charges made against justice Fox, and concluded by moving, that the house should resolve itself into a committee on Thursday next, to consider the said papers.

The Lord Chancellor

observed, that the business before the house was one of the most important that could come under their lordship's deliberation. It was therefore of the greatest importance that they should consider well what mode of proceeding ought to be adopted. By the act of the 1st of his present majesty, by which it was enacted that the commissions of the judges should not be terminated by the demise of the crown, it was proved that a judge might be removed upon an address to his majesty from both houses of Parliament, praying for such removal. The question, therefore, in this case, must ultimately be, whether the facts alledged against Mr. Justice Fox were such as to-call upon their lordships to concur in as address for his removal. An important question, however, arose as to the mode of proceeding, in the first instance, and it would probably become a subject for their lordships deliberation on Thursday next, whether they should call upon Judge Fox to answer to the facts as alledged by the noble marquis, or whether they ought not first to proceed some length in the investigation of those alledged facts, in order to ascertain if such a case was made out as entitled them to call upon that judge to defend himself. This was a subject of the Utmost importance, and demanded grave and serious consideration. He was happy that this was the only instance that had hitherto occurred since the passing of the bill alluded to of the conduct of a judge becoming the subject of a discussion like the present, and it was certainly incumbent upon the house to determine as to the mode of proceeding with the greatest caution and deliberation.—The motion of the noble marquis was then agreed to; and their lordships were ordered to be summoned for Thursday.—Adjourned.