§ The Lore Chancellor rose, pursuant to notice, to submit a motion to their lordships respecting the place and manner in which Mr. Justice Fox should be allowed to attend the discussion on matters that concerned him, or even enter upon his defence and justification, should that learned gentleman deem it fit and expedient so to do. He had taken much pains to enquire into precedents to regulate what he should propose on the present occasion; but he could not meet with one that appeared to him to be exactly in point. Much difficulty arose in his mind from the manner in which the 127 spiritual peers from Ireland were summoned to attend parliament. There was also a case of the attendance of Scotch judges, who were called upon by the house in the year 1763, to deliver their opinion upon certain points to the house. The Scotch judges at that time did not stand in the same predicament as the learned gentleman now concerned, and therefore their case could not apply to the present. He felt much for the situation of the learned judges, and he was convinced that every possible mark of respect and regard should be paid to him by the house. But from the precedents which he had consulted, he was directed to think, that the learned gent. could not well sit on such an occasion in the body of that house, but that a chair should be prepared for him below the bar, and that every proper instruction should be given by the learned lord who sat on the woolsack, or the noble lord who presided at the table in committees of the house, that the learned gent. should experience every possible mark and indication of respect which the house could afford his appearance, below the bar. It was in his opinion to be left to the option of that learned person, whether or not he should attend in his judicial robes, or not. The learned lord, after further elucidations of the case, concluded with a motion for the appearance of the learned gentleman in a chair below the bar.
§ Lord Auckland differed somewhat in opinion from the learned lord, and conceived it to be in the spirit of the act of union, that the learned judges of Ireland should be treated as the judges of this country, who attended ad peers in that house.
§ Lord Carleton rose to address their lordships upon the subject. He delivered himself in low tone of voice. With respect to the learned judge, to whom their lordships present deliberations referred, he had obviously no particular interest in the question, farther than he was anxious for the preservation of his own dignity, and that of his judicial character. He called their lordships' attention to the provisions and effect of the act of settlement, under which the powers of the parliament, with respect to his majesty's judges, were derived. He was proceeding to expatiate upon this topic, when his lordship was attacked by a sudden illness, and was obliged to decline speaking. He sat down, and immediately fell backwards on his seat. The debate and business of the house were immediately 128 suspended. He was paid every attention by most of their lordships present; and when the noble viscount had somewhat recovered,
§ The Lord Chancellor, neatly and feelingly adverting to the unfortunate circumstance which had just taken place, said he should, under the pressure of the event, move, that the committee on the case of Mr. Justice Fox be adjourned from Thursday, till the following day; and the present debate, he would beg leave to move, should be adjourned till Thursday. These propositions seeming to meet the cordial assent of their lordships, were forthwith ordered accordingly.—Adjourned.