HL Deb 10 May 1849 vol 105 cc192-3
The BISHOP of OXFORD

had a petition to present against a clause in the Criminal Law Consolidation Bill of the noble and learned Lord opposite to him, which, however its prayer might be opposed to the views of that noble and learned Lord himself, would command his respect, in consideration of the learning, and character, and attainments of the body from whom it emanated. This was a petition from Bachelors and Under-graduates of the University of Oxford. It appeared to these petitioners that by the clause in question, an uncertain penalty was attached to a certain breach of the law, in the case of chapters not electing the party recommended to a benefice by the Crown, without assigning good and sufficient reasons for such refusal. They complained that this penalty was nowhere defined, but was left in the most vague uncertainty.

LORD BROUGHAM

assured the right reverend Prelate that he could not overrate his (Lord Brougham's) unbounded respect for the petitioners, who were well entitled to all the praise that his right reverend Friend claimed for them. The case was not unfairly put in the petition, and he could assure noble Lords that he had consulted with legal and judicial authorities on the subject, without being enabled to insert a satisfactory definition of the character of the penalty in question. After the best consideration he had been able to give to the point, he had come to the conclusion that, in the present state of the law, it would be better for this House to digest the Bill before them as it stood. It was very difficult to define the precise nature of the penalty of prœmunire; but it was unquestionably a very heavy one.

The BISHOP of OXFORD

ventured to remark that the admission just made by the noble and learned Lord was an ample justification of the petitioners at their complaint of this part of the Bill. When that high authority experienced a difficulty in describing what the actual nature of this penalty was, those whose petition was now before their Lordships might well be pardoned for considering it was an uncertain one.

LORD BROUGHAM

said, he would give the subject his most attentive consideration before the Bill came on for second reading.

Petition read and laid on the table.

House adjourned till To-morrow.