Pall Mall, Saturday, Nov. 30th, 1782.
My Dear Brother,
I have just been with Townshend, who sent for me on the subject of a despatch from you, relating to the proceedings in the King's Bench here, on an Irish cause.
I have seen Troward, the attorney concerned in the cause, and from him have learnt, what you probably know by this time, that the case has been argued here, and the judgment of the Court in Ireland affirmed; so that nothing can be done in it here, especially as the Term has been over these two days. It is impossible not to see the use which will be made in Ireland of this unlucky business. You say nothing in your letter to Townshend of the Protest, nor have I heard a word on that or any other subject from Ireland since I have been here. But I much fear that the alarm among the Bar, upon a point which affects their private interests as well as their national pride, will have prevented, or in great measure impeded its being signed. The only grounds that you can take, as far at least as I can see, are those which I have desired Townshend to insert in his answer. The Bill of Exceptions was certified from an Irish Court. It has been depending eighteen months. The objection to the jurisdiction was never started. The King's Bench in Ireland either has been applied to or will be so next Term, to grant a writ of possession on the affirmance of the English Court. This will of course be denied them, and the whole English proceeding treated as waste paper. No Judge will allow—no sheriff will execute, any English process. No man will again be so absurd as to subject himself to a considerable expense to obtain a judgment of no more effect than the decisions of a Prussian court-martial would be as to a question of property here.
Still, however, I am far from being insensible to the clamour which will be raised, and to the advantage which will be taken of the opinion of the Court here, that their jurisdiction still remains, notwithstanding the Irish Act to the contrary. Possibly you may find it necessary to hold out some solution; and perhaps you will think the opportunity is not a bad one to cut the ground still more decisively from under Mr. Flood's feet than even by the proposed resolutions. What I mean is, the passing a bill here which should in the preamble declare the repeal to have been a renunciation of the rights formerly exercised by this kingdom over Ireland, and should enact that therefore for the future, no writ of error, &c., &c., should be received, signed or determined in any of the King's Courts of Justice in this country. If this idea should please you, it might be done immediately, and you might settle the words with Yelverton or Burgh.
If you think this too like a concession, you might hold out the idea of an Act to be passed in Ireland, inflicting the penalties of a præmunire against any persons seeking justice out of the kingdom; in imitation of the old statutes against ecclesiastics applying to the papal authority.
Lord Shelburne threw out to me the other day, but when I could not ask him any more upon the subject, the idea of a paragraph about Ireland in the King's Speech. I have writ to Townshend to-day, to desire that if this idea is pursued, he will let me see it before the words are finally determined upon. I think such a paragraph may have a good effect; because, when re-echoed in the addresses, it will include the three branches.
I am waiting with the most anxious expectation the decision of the great question—peace or war? Reports are hourly circulated on both sides, but nothing is known from any authority. I need not say, that the moment it is known, I will send it off.
I know no more of the East India business than you will see in the papers. I was so intent on this, that I forgot to ask Townshend to-day about it.
I shall most probably be with you before you can answer this, as the 5th is the day for the meeting. But if they should again prorogue the Parliament, and wish me to stay, supposing the point not decided, what shall I do?