Lords Sitting of 23 June 1806

MINUTES.
The bills upon the table were forwarded in their respective stages; among these, the West India Auditors' bill was read a third time, and passed: and the Irish Mines, Gibraltar Postage, and Grafton Agreement bills, were read a second time.

PROTEST AGAINST THE PROCEEDINGS IN THE CASE OF JUDGE FOX.
—Dissentient;—First, Because, although according to the terms of the Resolution, it hath been proposed only to postpone the proceeding in this matter for two months, it hath been avowed by the noble lord who moved it, That the Resolution hath for its object, to put an end to all further investigation into the grounds of the motion made in this house, to address his majesty to remove the judge, touching whose alledged conduct the proceedings have been had in this house.—Secondly, Because it having been questioned in the course of debate, whether this house can legally and constitutionally entertain a motion for an address to remove a judge, on account of alledged misconduct in the execution of his office, before some proceedings have been had respecting the same elsewhere, we feel it incumbent on us to record our opinions, That it is the clear right of this house, according to the provisions of the act of setlement of the 12th and 13th of king William III. to entertain in the first instance, a motion for an address to his majesty for the removal of a judge, provided the facts alledged as the grounds of the address shall be sufficient to justify the proceeding, and shall have been proved to the conviction of the house.—Thirdly, Because, though it is unquestionably of great public importance, that the judges should fully possess the independence intended to be secured to them in their high station, it appears to us not to be necessary for the support of that inde-

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pendence, and on the other hand, that it would be of the most mischievous consequence to concur in a resolution, which, upon the grounds stated for adopting it, has a tendency to prove that the conduct of the judges in the execution of their office, cannot effectually, in the first instance, be brought under the consideration of the house of lords.—Fourthly, Because, we think it not only dangerous to the administration of justice, but injurious to the person whose conduct has been the subject of consideration, to stay the proceedings in a period thereof, where evidence hath been actually received in his presence and hearing, and now remains upon the journals of the house, which, unanswered, seems to us indisputably to prove misconduct of a very serious nature towards a jury, duly discharging their duties and functions according to law.—Fifthly, Because it hath been further alledged, and because proof has been offered to be given in support of such allegations, That the said judge in the exercise of his office, did conduct himself upon the circuit towards a jury at Lifford in a most oppressive manner; that on several occasions in the course of the same circuit, he did impose arbitrary, excessive, and illegal fines; that he did most unwarrantably calumniate the characters of magistrates, and other persons, and in a charge to the grand jury at Longford, did endeavour to bring his majesty's government into hatred and contempt And it therefore appears to us, to be of the most evil example to refuse to examine the grounds of the above allegations, and to stay the proceedings in that stage of the business in which this resolution has been adopted.(Singed) ABERCORN, ELDON, and Others.