Lords Sitting of 2 February 1841

MINUTES.
Bill. Read a second time:—Copyhold Enfranchisement.
Petitions presented. By the Duke of Richmond, ftom the Inhabitants of Christchurch, for Relief, with reference to the state of certain Turnpike Trusts.—By Lord Ellenborough, from Magistrates, and others, at Bombay, for an Act to regulate the proceedings of the Council in certain cases.—By Lord Brougham, from Devonshire, for an Act to facilitate the Recovery of Small Debts, and the more speedy attainment of Justice.

TRIAL OF THE EARL OF CARDIGAN.
The Earl of Shaftesburymoved, "That James Thomas, Earl of Cardigan, be taken into custody by the Black Rod, touching the matter of an indictment preferred against him."— Ordered.
The Earl of Cardiganappeared at the Bar, in the custody of Sir Augustus Clifford, Gentleman Usher of the Black Rod
The Lord Chancellor.— My Lord, this is the fit opportunity for your Lordship to address the House, if you wish to say anything; if not, you may retire.
The Earl of Cardigan bowed, and withdrew.
The Earl of Shaftesburymoved, "That her Majesty's Clerk of the Crown in Chancery be directed to issue a writ of certiorari to return into this House an indictment against James Thomas, Earl of Cardigan."— Ordered.
The Clerk of the Arraigns in the Central Criminal Court was, after a short time, called to the Bar, and in answer to the Lord Chancellor announced a return to a writ of certiorari issued in obedience to an order of the House.
The return was read. It set forth, that an indictment had been preferred at the Central Criminal Court against James Thomas, Earl of Cardigan, for feloniously firing a pistol at Harvey Garnett Phipps Tuckett, with intent to murder or do him some grievous bodily harm, contrary to the statute in that case made and provided.
The Earl of Shaftesburymoved, "That James Thomas, Earl of Cardigan, be admitted to bail."— Ordered.
The Earl of Shaftesburythen moved, "That James Thomas, Earl of Cardigan, be called on to find two sureties in 5,000 l. each, and to bind himself in 10,000 l., to appear before this House at any time the House may order his attendance."— Ordered.
The Lord Chancellor.— Call in Lord Cardigan.
The Earl of Cardigan having appeared at the Bar,
The Lord Chancellorsaid,— I have to inform your Lordship, that this House has been pleased to order, that your Lordship may be admitted to bail, yourself in 10,000 l. and two sureties in 5,000 l. each.
His Lordship and his two sureties, Mr. B. Baring and Mr. H. C. Sturt, entered into the required recognizances.
The Earl of Shaftesburymoved, "That James Thomas, Earl of Cardigan, be discharged from the bail into which he had entered before he was taken into custody by Black Rod."
Motion agreed to; and his Lordship having, been informed by the Lord Chancellor that he was discharged, by order of the House, from the bail into which he had entered previously to having been taken into custody by Black Rod, retired.
The Earl of Shaftesburybrought up the following additional report from the committee of their Lordships appointed to inspect the journals of the House, which was read and adopted.
"Second report made from the committee appointed to inspect the journals of this House upon former trials of Peers in criminal cases, and to consider of the proper methods of proceeding, in order to bring James Thomas, Earl of Cardigan, to a speedy trial, and to report to the House what they shall think proper thereupon; and to whom leave was given to report from time to time to the House: that the committee have again met, and have further considered the matter to them referred, and have come to the following resolutions, viz.: —
"1. That an humble address be presented to her Majesty, to request, that her Majesty will be graciously pleased to order, that such guards do attend, during the said trial, as have been usual in cases of trials; and also that her Majesty will be graciously pleased further to order, that a sufficient police force be in attendance to keep clear the approaches leading to the House during the said trial.
"2. That on the day appointed for the said trial every Peer who hath a right to sit and vote in Parliament do appear at and attend such trial; and that the whole body of the House of Peers do meet in the House of Lords in their Robes, at 11 of the clock in the forenoon.
"3. That every day during the trial, the names of the Lords be called over before they proceed on the said trial, and that the names of the absent Lords be set down by the clerk of this House.
"4. That the Lord High Steward do acquaint the Lord to be tried, and all other persons who may have occasion to speak to the Court, that they address themselves to the Lords in general, and not to the Lord High Steward.
"5. That the Lords do keep their places in the Court during the said trial.
"6. That no person, whatsoever, except the Lords of the House, be admitted within the Bar.
"7. That in case the Lord indicted should plead guilty to his indictment, strangers do immediately withdraw.
"8. That if any doubt shall arise during the said trial, no debate shall be had thereupon
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till the counsel and witnesses, and the said James Thomas, Earl of Cardigan., be first withdrawn.
"9. That every Peer, when he gives his judgment, shall declare his opinion upon his honour, laying his right hand upon his breast.
"10. That all proclamations to be made in the court during the said trial be made in the Queen's name.
"11. That no person be admitted about the Throne, except such Peers of Great Britain and Ireland as do not sit in the House, minor Peers, and the eldest sons of Peers.
"12. That no person whatsoever shall be admitted to be present in the court at the said trial, but those who have a right to be there; and that the Lord Great Chamberlain do give order, and that the officers of this House do take special care, that this order be observed accordingly.
"13. That a room be allotted for the use of the prosecutor and his counsel and attendants.
"14. That considering the want of space in the present House of Lords, the Lord Great Chamberlain be desired to provide such accommodation as the House can in its present state afford for the admission of such persons as have a right to be admitted, or have usually been admitted on such occasions, and to communicate to the committee the arrangements that can be made for the purpose.
"15. That during the said trial the avenues to this House be guarded, and care taken that none be admitted but Lords' servants and the necessary attendants of the house.
"The Lords thereupon ordered accordingly, and—
"16. That the solicitor of the said James Thomas, Earl of Cardigan, have a copy of the indictment."