of

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61E4074 either branch of the legislature, but for the adoption of such a precaution. It nothing less than one general sweeping was moreover to be remembered that it Stand indiscriminate destruction of the was a particular and leading point in the whole constitution, together. Non li- terms of the union of Scotland with Engbertatem, sed sanguinem nostrum concu- land, that the laws of forfeiture should be piscunt. The malignancy of their cha- abrogated. It was then stipulated that bracter is distinguishable by the restless the laws respecting treason should respirit which it infuses into the lowest main the same for the two countries; and to orders of the people, encouraging them to this doctrine was supported not only by - take up arms, and teaching them that every Scotch member in the debate on they have great and powerful, partisans the bill for the improvement of the union, betud leaders who are secretly prepared to but also by the Whig party, and by thirto seize the favourable moment for showing teen out of the sixteen Scotch peers in themselves openly at their head, when they the other House of Parliament. The can hope to do so with impunity, Some majority were always for abrogating that such leaders were found in Ireland; and law. At the present period he saw no they have perished that such may dis- necessity for continuing that law in terrocover themselves in England, is but too rem against persons of rank and property much to be apprehended from the report who might foment conspiracies, and coun before usis and if any such shall appear, tenance and support traitors; for if there To who bear hereditary honours, it is fit that were any men of rank and wealth who 20the laws of forfeiture should extinguish could abet, such designs, on those men for ever the name which they have dis- the laws of forfeiture, &c. could make no graced or if there be others who are as- impression, to induce them to abandon piring to distinction and power by pros- any such projects to which they might be tituting their wealth to the support of madly wedded. There was also somefraitors, no honest man will regret that thing in the very time when this measure their property and their lives should fall was proposed, which made it highly unla joint sacrifice to the safety of their seasonable. A union was now in agibocountry. sioImpressed with these senti- tation with Ireland, where it had uniformly ements, and urged by these feelings, I have been the policy to instigate rebellion, in presumed to think the present measure order to promote confiscation; and if the nuproper for the consideration of this com- union should take place, and this law be emittee; and the effect of the motion kept in force, that abominable bpolicy which shall have the honour to put into would have new and continued incentives your hands, will be to do away the par- to irritate and foment rebellions which ticular provision in the acts of the 7th of might but too easily be provoked in the queen Anne and 17th of George 2nd, present temper of that distracted country. oz y which make the forfeiture for treasoniter-45 The Master of the Rolls could not coaminate with the death of the cardinal of 91Yock, and to render the laws of forfei ture as lasting as its justice is incontro Laertible, I now move "Thatleave be given to ebbring in a bill to repeal so much of an act, passed in the 7th of queen Anne, and i-also so much of an act, passed in the 17th of king George 2nd, as puts an end to the 98dforfeiture of Inheritances upon Attainder of Treason after the death of the Pretender and his Sons.

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incide in opinion with the learned membertswho spoke last, and recommended a work ofstlie honourable Mr. Yorke's on the laws of forfeiture, as one that would throw much light on the subject sunder discussion. Jos of abrow 39dto ni Leave was given to bring in the bill.

o- qole of ebrod s no baitav June 25. On the order of the day for going into a committee on the billgonq

Mr. Abbot, in moving that the Speaker ad Dr. Laurence said, that though he had do leave the chair, recalled the attention not made up his mind upon the present of the House to the general nature of the important question, he was ready to say bill. After recapitulating the principal 10 that he saw nothing in the nature of the points of his former speech, he continued -smeasures proposed that could effectually nearly as follows: But, Sir, besides the to prevent treason from taking place. There necessity of rendering the law consistent, -was-nothing peculiar in the nature and and besides the specific necessity for ancharacter of the present treasonable connexing this kind of punishment to treason, spiracies (which no one more cordially there is another consideration to which I execrated than himself) that called for must request the serious attention of the [VOL, XXXIV.]* [3 Z]

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House; and it is to this, that by the law | else Greenwich hospital would not now

of king William, which regulates the trial be in possession of the Derwentwater of treason, many of the most valuable estates, nor would the highlands of Scotprivileges allowed to the party accused, land have received the many great public such as the obligation imposed on the improvements which they have derived prosecutor to produce two witnesses to from similar funds: but as applied to the the same overt act, or one witness to each treasons of the present day, these forof two overt acts of the same kind of trea-feitures must be still more effectual than son, and the right of the prisoner to com- in other times; inasmuch as Jacobin pulsory process for bringing his own wit- principles by their very nature are most nesses, and the right to make a full de- likely to infect the minds of men newly fence by counsel, were all granted ex- raised to hopes of personal distinction, by pressly in consideration that the treasons newly acquired opulence, which has not to which those considerations apply, are yet attained either the stability or matusuch as work a corruption of blood; and rity upon which settlements usually atso it is expressed, not only in the pream- tach, and such men are generally in themble, but also in every enacting clause of selves too fond of power and domination the law; and if these forfeitures were now to fetter their own fortunes, or pledge to cease, it would be a momentous ques- them to others by irrevocable rights of tion, whether the subject would not also succession.-Sir, before I sit down, I must lose the most important means of defend- request the House to extend its view? ing himself at his trial? and thus they also to the consequences of this question, who are most desirous of rejecting the bill as they concern the whole empire: it is now proposed, instead of mitigating the important that the same law upon state laws of treason, will only be enhancing offences should prevail throughout: the their severity. With regard to the gene- law which it is now proposed to you, not ral objections which are sometimes urged to establish, but to preserve for Great against this measure, they appear to be Britain, is at present the established law contradictory in themselves; as they im- of Ireland: and by adopting this bill we pute to it in one point of view, that it shall render the system upon this subject goes too far; and in another, that it falls the same in these two kingdoms, which I short of its own end. To those who al hope and trust we shall soon be accuslege against the law of forfeiture that it tomed to consider as in every respect inis an odious prerogative, tending to con- separably united. fer on the crown such means of oppression as are not to be endured in a free government, I beg leave to answer, that by the British constitution the crown is also invested with another prerogative, and is bound by the most solemn obligation to exercise it-I mean the prerogative of mercy; a quality which is unknown to republican forms of government, and has no place in any code of jacobin philanthropy: and we have ample testimony in these times, that this is no dormant prerogative, and that our ancestors have done wisely by intrusting the crown with the power of assigning the measure and limits of grace and restitution.-To those who contend, on the other hand, that forfeitures are not only odious, but ineffectual to their own end, because they may, in some instances, be defeated by family settlements; I beg leave to answer, in the first place, that they are at least effectual so far as they go; and in the next place, I by no means admit that the patrimonial fortunes of great families are universally settled, or

Sir Francis Burdett began by observing, that as the present question related only to the higher orders of the country, could not well be suspected that in the discussion of such a topic, it was his object to court popular applause. He had listened with attention to the arguments urged by the learned gentleman in favour of its adoption, but he expected to have heard much more forcible ones than those entered on in support of the measure. In the first place, the learned gentleman expressed a wish that the law respecting high treason should be uniform, and the same as it now exists with respect to felons. The law on this head was already sufficiently severe and sanguinary: yet it did not attempt to interrupt the line of succession, nor did it confound the innocent with the guilty. Where, then, was the argument which the learned gentleman endeavoured to draw from analogy? But again, he says it is wise and expedient to renew these laws, and to hold them out in terrorem, that they may deter those who harbour a zea),

waited till this object was accomplished, before we betrayed a total disregard to all agreements? Should it not also be considered that we were not merely about to renew a former act of the legislature? The laws respecting treason had been materially altered and obscured; and these alterations might be looked upon as snares laid for the people, though by some they were commended, because, if these laws were too plain, the disaffected, it was said, might know too well what they were about. But we ought to be aware of acceding to such proposals under the idea that we were only doing what had been done on similar occasions arising from similar causes. Would it not be enough to renew those laws at their natural time of expiring, if then it should

do? He hoped and trusted therefore, that as no urgent ground had been proved for the immediate necessity of the measure, we should not be induced to adopt it, on the supposition that we were merely adopting what had been in force before.

fundness and attachment for their children, from committing crimes against the state. This is urged on the ground of utility, independent of that of justice; but no ground could surely be more untenable. The arguments advanced in its support evidently led to conclusions of a complexion so atrocious, that he trusted they could exert no influence over the House, or on the mind of any man that was even slightly tinctured with justice and humanity. These arguments were built upon a principle of terror, not on the principles of the constitution; and the principle of terror was undoubtedly alien from the breasts of Englishmen, as well as from the spirit of the British constitution; it was not usual for the throne of England to be armed with terror; its wonted guard and shield was the attach-appear to be wise and expedient so to ment and affection of the nation; but it seemed to be no inferior or subordinate object with the present administration, to eradicate the throne from the hearts of the people, and to plant it upon their necks. With what effect or advantage this change would be effected, time alone could disclose. Here it might not be im- Mr. Jolliffe considered the measure as proper for the House to recollect what the most unjust, severe, and cruel, that had been the conduct of this forgiving had ever entered into the mind of a human English people, when a king of England being, and one which would disgrace the had been expelled from the throne for code of any country under heaven. It the various cruelties and tyrannies which proceeded on a very false supposition; he had exercised. Did that English people for it was ridiculous to imagine that a exterminate his whole race, for the delin- man who had no fear of personal danger, quency of one man? No; they chose would have any for those who would the next heir of the same family, whom come after him. It was further nugatory, they placed upon the throne. From this inasmuch as its object could be totally instance and example there was some defeated by a settlement of the property room to learn a lesson of lenity, wisdom, previously to the owner's entering upon and moderation. But it seemed that the any treasonable attempt. But what prindanger was now greater and more immi- cipally weighed with him was its flagrant nent from the contagion of Jacobin princi- injustice. He would put the case, that ples; but no arguments had been offered he himself were foolish enough to embark to prove the real existence of these dan- in a conspiracy to overthrow the governgers; and he trusted that gentlemen ment, and that his son, who was now in would not be induced to put their estates the army, would continue, as he had no in jeopardy from the dread and ground-doubt he would, faithful to his allegiance, less apprehension of these chimerical dangers, while they would expose their families and children to real ones. They should therefore observe, that the consequences of the present measure must be dreadful and extensive, but the policy and wisdom of it doubtful and uncertain. If there was any thing that could add to his unwillingness to adopt it, it was the moment at which it was proposed. Ireland was said to be on the eve of a union with this country. Ought we not to have

and do every thing to counteract that conspiracy-by this measure the reward of his fidelity would be the stripping him of all his paternal inheritance, and leaving him to want and beggary.

Mr. I. H. Browne regarded the argument drawn from the punishment of innocence as sophistical, for it was impossible to inflict any punishment, however just, that did not, more or less, expose innocence to suffering and distress. A war might be undertaken on the most just