Lords Sitting of 21 March 1806

MINUTES.
The American Treaty bill, the Wool Exportation bill, the Mutiny bill, the English and Irish Militia bills, the Militia Subalterns bill, the Militia Adjutants bill, and the Scotch Bankrupt bill, were read a third time and passed.—On the motion of lord Eldor, the further consideration of the claims of the duke of Clarence and other royal dukes to the right of voting in the election of representative peers for Ireland, was fixed for Tuesday.

WITNESSES' DECLARATORY BILL.
Lord Eldon,after adverting to what had taken place on Wednesday relative to the Declaratory bill, observed, that he did not attend on that day in consequence of understanding that a noble and learned lord (Ellenborough), not now in his place, would propose a clause specifically providing for the exceptions to the general principle and which was to be substituted for the proviso which he (lord Eldon) had proposed to their lordships. From what had happened however on that day, he was convinced that he must have misunderstood the intentions of the noble and learned lord to whom he had alluded, He was still of opinion that the bill, if passed in its present shape, might generate much mischief, and could he have conceived that no qualifying clause would have been proposed, he would have attended ,in his place on Wednesday, and stood out to the last for the adoption of his proviso. As the business stood now, he must content himself with giving notice that if the bill came up from the house of commons without receiving any amendment that could bring the subject again into discussion, he should make a motion on the bill brought in by a noble lord (Stanhope) for the purpose of bringing the question again under their lordships' consideration.
The Lord chancellorafter adverting to the causes which had given rise to the Declaratory bill, which he had had the honour to present to their lordships, contended that the general enactment contained in the bill, merely declared the law to be what the majority of the judges had stated it; but did not take away any of those, privileges of demurrer which witnesses were previously allowed by law, or the power of the judge to decide on such grounds of demurrer according to the law

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as previously defined and laid down. In framing the bill he took for its groundwork the language used by the noble and learned lord (Eldon) in the question referred to the judges, which question had been answered in the affirmative by a majority of those learned persons: if therefore there was a defect in the bill, it must arise from detective opinions delivered by the judges.
Lord Eldonstill adhered to his former opinion relative to the operation of the bill. He thought however, it would be advisable if the bill was not amended in the house of commons to put a question to the judges for the purpose of ascertaining whether the exceptions to the general principles were saved or not under the general enacting words of the bill.