350,942
M976
3 5
University of Michigan - BUHR
UNIVERSITY OF MICHIGAN
FAULINAS
ft.QUERIS-PENINSULAM-AMONAM
1817
ARTES
SCIENTIA
VERITAS
LIBRARY
OF THE
INICHIULINIAI
TEMOR
CIRCUMSPICE
NUJNS1..!USJ 11.1.5.15
MUHIIN

359,942
197.6.
om
The C A SE of Mr. John Murgatroyd, Mr. Ed-
ward Gee, Mr. Henry Jacomb, and Mr. Chriſto-
pber Barnard, upon the Complaint of Sir Wil-
liam Lowrber, Bart, (in General Terms, without
Specifying any particulars ) That they had pro-
ceeded in the Court of Chancery againſt him
during the Time of Privilege, in Breach of the
Privilege of this Honourable Houſe.
79964
T
HE Perſons Complained againſt have always in their ſeveral Stations
behaved themſelves with ſo great regard to the Privilege of this Ho-
nourable Houſe, that they have never been Convicted of having given
the leaſt Offence of this kind, and have ſo well Juſtified themſelves in
every particular which this General Complaint produced, That the Honourable
Committee of Privileges, before whom this Matter was fully Examin'd, ac-
quitted them in every particular.
The Matter appeared to be thus :
THERE has been for ſeveral years depending in the Court of Chancery,
Croſs Cauſes between Sir William Lowther and his Brother, Robert Lowther, Eſq;.
IN the Original Cauſe Mr. Lowther is Plaintiff againſt Sir William, and in
the Croſs Caule, Sir William was Plantiff againſt his faid Brother.
IN the Original Cauſe a Decree was made for Sir William Lowiher's Payment
of 382 l. 12 s. 8 d. to his faid Brother. And
Sir William's Croſs Bill was upon the Hearing Diſmiſt with Cofis, to be Taxed
by Mr. Hiccocks one of the Maſters of the Court.
THREE Inſtances were Inſiſted on as Proceedings in Breach of Privilege,
viz.
First Com-
THE giving a Notice to Sir William Lowther's Clerk in Court the roth
plaint. Dec, 1717. to move the Court in the Cauſe wherein Sir William was Plantiff againſt
Mr. Lowther, to stay Proceedings in that Cauſe, unleſs Sir William Lowther
would wave his Privilege in the other Cauſe wherein Mr. Robert Lowther is Plan-
tif againſt him.
Anſwer.
IT does not appear that the Perſons Complained of gave this Notice, or
who did, and it might be as well Charged upon any other Perſons as upon
them; The Motion was granted as a thing of Courſe, and the ſaid Order was
drawn up, but was never Entred, nor Served, nor anything done upon it.
THIS Motion could not indeed be Defended, the reaſonableneſs of it ap-
pears on the very face of it; for it is humbly conceived it could not be Reaſon
able to ftop Mr. Lowther's Proceedings in his Cauſe by Privilege, and at the ſame
time to Profecute him in the Croſs Cauſe touching the ſame Matter.
BUT without entring further into ſuch a Queſtion, the Perſons Complained
of were found not to be Guilty, and were Acquitted by the Committee.
Second Com. THAT upon the 8th March 1717. Notice was given in Mr. Lowiher's Cauſe,
plaint.
to Move to make the Order upon hearing of that Cauſe Abſolute.
IT appeared to the Committee by the Evidence of Mr. Thomas Steele, Sir
William Lowther's own Sollicitor, That HE for Sir William Lowther, did on
that day FIRST give Notice to Move in both Cauſes, that the ſaid Sir William might
be at Liberty to take out a Commiſſion for Examination of Witneſſes in his Cauſe, and
that Publication might paſs the firſi day of the then next Term, and that he might be
at Liberty to ſet down his Cauſe to be heard the ſame Term, and that both Cauſes
might be then heard together.
THAT che giving this Notice for Sir Wiliam Lowther, did Occaſion the
giving that other Complained of, which was, That the ſaid Robert Lowther
would move the Court at the ſame time, that the ſaid Sir William moved the
Notice by him given, that the Order made for the bearing of the Cauſe wherein the
Said Robert Lowther was Plantif, might be made Abſolute,
THAT

THAT Sir William Lowther's Motion was made ; but the Motion complained
of was not made.
If this Motion had been made, 'tis in the Nature of it like the former only,
for a Man to be at Liberty to proſecute for himſelf in his own Cauſe at the ſame
time that he is proſecuted in the other : However, the Motion was not made,
and fo no Reaſon to complain.
THAT a Summons was taken out the 8th of November laſt, to attend the Third Com-
14th of November, to Tax the Coſts of Difmiffion of Sir William Lowther's plaint.
Croſs Bill.
THREE Summons had been before taken out to Tax that Bill, and the Anſwer,
Summons complained of was granted in Favour of Sir William Lowther, at the
Inſtance and Requeſt of his own Sollicitor, Mr. Sieele, who gained it for Time
to write to Sir William, and for that Reaſon, and becauſe Time of Pri-
vilege was then near, To take away the Objection on that Head, he propoſed
to become the Proſecutor for Sir William, and to take out the ſaid Summons him-
ſelf ; and at the ſame Time confented that the Report ſhould paſs as of that Day
(the 8th of November) when the Parties were intituled to it, and the Maſter
was ready to ſign it, and that was out of Time of Privilege,
It was furprizing to hear a Proceeding by Conlent complain'd of, and much
more that ſuch a Proceeding as this by Sir William Lowther's own Sollicitor, for him,
and in his Name, and for his Benefit, againſt others, could be complained of as a
Criminal Proceeding by them, againſt him.
THE Committee alſo juſtified the Perſons complained againſt; in this
Particular, and they humbly hope the Houſe will agree with the Com-
mittee.
N. B. It was mentioned at the Committee by Sir William Lowther's Councel,
That a Commiſſion of Sequeftration had been iſſued againſt his Eſtate, for Non-
performance of a Decree in Chancery, for Payment of 3821. 12 s, and 8 d.
Mr. Lowther, in which Commiſſion Mr. Chriſtopher Barnard one of the Perſons
complained againſt was a Commiſſioner. But
IT was at the ſame time confeſſed by the ſame Council, and averred on the
other Side, That nothing was ever done on this Sequeſtration in any Time of Privi-
lege: But that the ſaid Sequeſtration was regularly Ifjued and Executed, after the laſt
Prorogation, and before the Meeting of this preſent Seffion of Parliament, exactly
conformable to the Act of 12 W. 3. which allows of ſuch a Proceeding within
that Time, and appoints it as the only one, to carry into Execution Decrees againſt
Members of either Houſe of Parliament, and indeed without it all ſuch Decrees
would be forever Ineffectual.
ALL the four Perſons complained againſt were Summoned to make their De-
fence, and did ſo: When they appeared, not one Word was offered againſt Two
of them, viz. Mr. Murgatroyd and Mr. Gee, and yet Mr. Murgatroyd was fetched
up by Summons 160 Miles, out of Yorkſhire, to anſwer for having done nothing
at all, either good or bad in the Cafe.
IT was admitted by Sir William Lowther's own Council, and can't be deny’d,
that Mr. Barnard, the Commiſſioner of Sequeſtration, had done nothing amiſs,
and yet he has been fetched up in like manger out of Yorkſhire, and was forced to bring
Two Witneſſes with him.
AS to Mr. Jacomb, (the Sollicitor for Mr. Robert Lowther) nothing blameable
is proved againſt him.
THE Perſons complained againſt having manifeſted their Innocence, and
having been all put to great Attendance and Expence, they humbly ſubmit
themſelves to, and rely on the known Juſtice of this Honourable Houſe,
for ſuch Satisfaction to be made them as this Honourable Houſe ſhall think
fit.
to
THE
CA S E
OF
Mr. Murgatroyd and others, on
the Complaint of Sir William Lowther,
Bart.
To be heard on the Report from the
Committee of Priviledges, on Wed-
neday 11 Erbr. 1718.
S
UNIVERSITY OF MICHIGAN
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