The Parliamentary Register

emancipated from the government of your petitioners, and their re venues loft to the united Eaft India company, and to the British nation, fince it would be impoffible for your petitioners to exercise any authority over them while they were under the actual and superior controul of the fupreme court; and the decrees of the faid court, be ing absolute, and admitting of no qualification, would always take place of the claims of your petitioners in behalf of the united East India Company, and, by the terrors annexed to them, would be even preferably obeyed by the Zemindars themselves, and in many cafes ferve by collufions or other eafy means as a pretext to fcreen them from the authority of your petitioners; and that, by fuch effects, the whole revenue would be loft to the united Eaft India company, and to the British nation that the confequences, which your petitioners have above described as likely to refult from the extenfion of the jurisdiction of the fupreme court of judicature to the Zemindars of thefe provinces, would prove at this time the causes of others yet more alarming, inasmuch as your petitioners are charged with the defence of these provinces, in which they poffefs a precarious dominion of a few over millions, a dominion established by the mere influence of opinion and a long season of domestic peace, but at this time affailed with many furrounding dangers, in the fhare which it participates with the rest of the British Empire in a war with the most powerful states of Europe, regarded with a jealous eye by all the nations of Indoftan, and at this time engaged in a war with the firft in power and confe quence amongst them: that the lofs of the whole, or any confiderable failure in the revenue which the united Eaft India Company derives from these provinces, would be certainly followed by that of their existence in them, as your petitioners do at this time maintain a large military force in the pay of the united Eaft India Company, which would be excited to mutiny and revolt whenever your petitioners were no longer able to pay it; and that fuch an event, befides its immediate danger, would occafion an invafion of these provinces, a calamity which your petitioners are warranted to foretel by the like effect of a like caufe, which actually happened in the year 1764; and that your petitioners being in fuch a cafe deprived of the means of refiftance, thefe provinces, and the British dominion in India, must fall a certain facrifice to the ultimate effects of the exercise of an impolitic, unnatural, and lawlefs authority; that your petitioners are alfo of opinion, that the attempt to extend to the inhabitants of thefe provinces the jurifdiction of the fupreme court of jndicature, and the authority of the English law, and of the forms and fictions of that law, which are yet more intolerable becaufe lefs capable of being understood, would be fuch a gonftraint on the minds of the people of thefe provinces, by the difference of fuch laws and forms from their laws, habits, manners, and religious principles, which under every fucceffive conftitution of the former governments have been refpected and fupported, as might inflame them notwithstanding the known milḍnefs and patience which conftitute their general character, to an open rebellion, lefs indeed to be apprehended in a time of peace, but certain in the event of an invasion; and

that

that fuch an evil occurring, in addition to the others already described, would add to the national calamity the national reproach of having defervedly incurred it: That your petitioners have judged it adviseable to refort to the means of open refiftance to the acts of the fupreme court of judicature on this first occafion, to prevent the example from spreading, by the encouragement which would be given to artful and rapaci ous men, under the inftruction of the attornies of the fupreme court of judicature, and the loud invitations of the judges themselves, to commence other actions against the other Zemindars of thefe provinces, your petitioners being convinced, that fuch would be the effect of allowing the judgment of the fupreme court of judicature to operate on your petitioners, and equally certain that the mischief will be in a great measure fuppreffed by defeating the ends of it, and precluding the hopes of gain in the prosecution of it; that, therefore, your petitioners have refolved, that they will not fuffer any judgment which may be given against them in the prefent caufe to be carried into execution against either their perfons or their property, deeming this a cafe of extraordinary urgency, which requires them to affume a dangerous perfonal hazard and refponfibility for the defence and prefervation of the property and interests of the united East India company, and of the British nation collectively in thefe kingdoms: that, in the preceding inftance, and in the protection which they have given to their military officer, who was employed to apprehend the armed force fent by the theriff against the Raja of Coffijura, your petitioners are aware that they may be deemed to have offended against the ftrict form and letter of the law, and are apprehenfive that other cafes will multiply, which will oblige them to have recourse to the fame means of defence, if the judges of the fupreme court of judicature shall perfevere in the courfe which they have begun; but your petitioners hope, that a due allowance will be made for the neceffity under which they act, which leaves no alternative but public ruin, if they submit to the jurifdiction affumed by the fupreme court, or perfonal ruin if they oppofe it, and are to be made liable to the fame penalties which would attend the refifting a lawful -jurisdiction; and that it will be confidered, that, as the conftitutional and discriminating lines by which the wisdom of parliament hath marked the fyftem of government in these kingdoms, have been broken by the judges of the fupreme court of judicature, and as a refiftance to that violence has been a neceffary obligation on your petitioners in the first instance, all the irregular and extraordinary acts which such refiftance may draw after it ought to be imputed to the firft aggreffion, as the primary and efficient caufe of them; that your petitioners do not prefume either to pray for a remedy to the evils of which they have complained, nor to point out the means by which, in the opinion of your petitioners, fuch a remedy might be obtained and applied, the former being, as they conceive, the proper concern, and the exclufive province, of the united East India Company, and the latter depending only on the wisdom of the British parliament; that the defign and prayer of your petitioners is, and your petitioners do accordingly most humbly pray, that they, and all others acting under their authority, may be indemnified against all the legal confequences of their proceedings in

the

the cafes herein above recited and fuggefted, and that an act of parliament may be paffed for that end; that your petitioners, being freed from every perfonal concern, and from the vexations and anxieties incident to their present condition, may devote their whole time, attention, and labours, to the discharge of their prescribed duty, and to the advancement and prosperity of the great national interefts commited to their charge.

Mr. Montagu, as chairman of the committee who tried the petition on the Abingdon election, briefly ftated to the House what had appeared to the committee, viz. that the petitioner produced no witneffes; that he appeared not by his counfel, but in perfon; that he alledged, as the only facts that went to vitiate the election, that the writ was for the election of two reprefentatives, and the return but for one; and that the returning officer had not performed his duty; neither of which allegations were stated in the petition referred to the committee. Mr. Montagu faid further, that from the whole view of the cafe, the committee were of opinion, that there was not the smallest foundation for the petition; he therefore intended, after he had made the usual motion, "that the Houfe agree to the report," to move, as was done in the cafe of Sudbury," that the House are of opinion, that the faid petition was vexatious, frivolous, and ill founded;" and then he believed, in conformity to a standing order of the House, it would follow of course, as a motion that the House must agree to, "that fatisfaction be made to the fitting member for the expence to which he has been unneceffarily put, in confequence of the faid petition having been prefented." He then spoke highly in favour of the act of Mr. Grenville, and contrafted the fair, impartial and speedy decifions which now took place under the operation of that act, with the flow, unjuft, and party judgments that had formerly been given in election cafes, while the right of determination lay with the Houfe at large, when there had been generally few to hear but many to decide, fcarcely a houfe fitting to investigate the merits, but crowds flocking down to give their votes on the fide of their favourite candidate. Before he concluded, Mr. Montagu paid high compliments to the young members, for their numerous appearance on the days of the late ballots. He faid, it was with infinite pleasure he faw young men of the firft expectations, and of the moft diftinguished families, men to whom this country looked up as

its future fupports, attending and agreeing to undertake the the laborious tasks of committee-men, under authority of the wifeft, the moft equitable, and perhaps the most useful act of Parliament that ever paffed refpecting the rights of election, and the effential privileges of the Houfe, as far as they were connected with those rights.

Mr. Moyfey role to call the attention of the Houfe to the Mr. Moyfey. particular fituation in which they ftood. As far as agreeing to the report, undoubtedly it became the House to do fo, but further they ought not to go, without enquiry. The committee above ftairs, he reminded them, were only competent to try the title to the feat, and were not a committee of privileges; and as the House muft, in compliance with the ftanding order, award cofts to the fitting member, if they pronounced the petition vexatious, frivolous, and ill-founded, it furely behoved them not to condemn the party unheard.

Sir Fletcher Norton faid, he prefumed his honourable friend Sir Fletcher had not read the act, because it conftituted the felect com- Norton. mittee, a committee of privileges, as well as a committee of election. Sir Fletcher defired two clauses of the act might be read.

Mr. Moyfey replied that he thought it rather hard for hisMr. Moyfey. learned friend to fuppofe he fhould have prefumed to speak to the question, which bottomed entirely on the Grenville act, without having read the act itself. He inftanced the Shoreham cafe, and others.

Mr. Burke put it as a cafe of compaffion, and argued it onMr. Burke. that ground in favour of Mr. Wooldridge, with a strong appeal to the humanity and feelings of the House.

Mr. Dundas, Lord Advocate, faid, though the matter mightMr. Du fairly go to the humanity and feelings of the fitting member, das. the House had no right to exercife their difcretion; but were bound to decide on the facts before them, and to act like judges in the courts below, who in the cafe of a nonfuit muft award cofts of courfe, whether the cafe was hard or not on the part of the perfons nonfuited.-At length the two first motions were put and carried, and then Mr. Montagu moved,

"That Thomas Wooldridge, efq. having preferred to this House a groundless, frivolous, and vexatious petition, complaining of the election and return of John Mayor, efq. to Lerve in this prefent Parliament as a burgefs for the borough of Abingdon, do make fatisfaction to the faid John Mayor, efq. for the coft and expences he has been put unto by the faid petition." Which was agreed to.

February

February 15.

The Earl of Lisburne prefented to the Houfe the following account. Navy-Office, Feb. 12, 1781. An Account of the Sums of Money laid out on the Head of Extra of the Navy, between the 21st of December 1779, and the 31st of December 1780, diftinguishing the feveral Ships and Services on which the fame have been expended: Prepared pursuant to an Order of the Honourable Houfe of Commons, dated the 4th of December last.