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Article PARLIAMENTARY PROCEEDINGS. ← Page 3 of 10 →
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.
Parliamentary Proceedings.
The Duke of Norfolk was against the motion , as not having been brought before them by a petition . Lord Lauderdale said , he would advise his noble friend to withdraw his motion , as . the subject would come before the House in a different shape , when he would enter into the shameful stretch of arbitrary power that had been used towards the persons ia whose behalf the motion was made . " *" The Lord Chancellor defended the conduct of the jud and saidthat the only
ges , , method which had ever been adopted , and the Only one proper to be adopted by criminals for obtaining a mitigation of their punishment , was to petition his Majesty , and that his Majesty was always graciously pleased to consider such petitions , and refer them to the judges . In the present case , the criminals had . not so humbled themselves , and had shewn no contrition . ' Lord Stanhope hoped it would nevir he necessary in this country for a man , conscious of his innocence , to humble himself as a criminal to obtain justice .
Lord ThurlKo explained the differences between the law of England and the law of Scotland in criminal cases ; and concluded by giving his dissent to the motion . The question was loudly called for , which being put by the Chancellor , the House divided , Non » Conteuts 49—Contents , *¦—Majority 4 8 .
PROTEST . Dissentient . 1 st . Because the attending to the due administration of justice , and tlie watching over the conduct of the various courts in this kingdom , is one of the most important branches of the business of' this House , and is at all times also one of its most essential duties . adly . Because it obviously appears to be proper to examine into the justice and legality of a sentencebefore it is executedand not to permit it to be executed first
, , , and then to examine into its justice and legality afterwards . y & f . Because , for want of such timely interference on the part of this House , it has formerly happened , that within a short time no less than four unjust and illegal judgments were , actually carried into execution , as appears horn the respective attainders of the innocent sufferers having been afterwards . reversed and made void ( when it was too late ) by four acts of Parliament , made and passed in the first year of the reign of their late Majesties King William and Queen Mary , namely , in the cases of
Alderman Cornish , Alice Lisle , Algernon Sidney , and Lord Russel . 4 th ! y . Because it is contrary to the first and immutable principles of natural justice , that any tiling to the prejudice of a defendant should be brought before a jury in a criminal prosecution , that is " only collateral , not in issue , nor necessary in the conclusion . " 5 thly . Because it is not ( nor ought to be ) competent for the prosecutor to produce any evidence to support any matter that is not charged in the indictment ; that is
to say , distinctly and precisely charged , and not by mere epithets or general words , such as oppression , sedition , vexat . on , or the like . 6 thly . Because in like manner it is not , ( nor ought to be ) competent for a prosecutor to produce any evidence to prove any crime , to have been committed by a defendant , in any other particular than that wherein it is , in the indictment expressly charged to have been committed . ythly . Because no such proceedings as those above statednor any one of them
, , can be justified under pretence , that " If it had been necessary to specify in the indictment all the facts against the defendant , the indictment would have covered , by its magnitude , the Avails of the court . " And Sthly .- Because in one year of the trial of Warren Hastings , Esq . namely , in the year 1790 , there were no less than four decisions of the House of Lords upon this subject , viz . on the 25 th day of February , when the Lords resolved , That the Managers for the Commons be not admitted to give evidence of the
unfitness of Kellcram for the appointment of being a renter of certain lands in the province of Bahar ; the fact of such unfitness of the said Kelleram not being charged in the impeachment . S 2
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.
Parliamentary Proceedings.
The Duke of Norfolk was against the motion , as not having been brought before them by a petition . Lord Lauderdale said , he would advise his noble friend to withdraw his motion , as . the subject would come before the House in a different shape , when he would enter into the shameful stretch of arbitrary power that had been used towards the persons ia whose behalf the motion was made . " *" The Lord Chancellor defended the conduct of the jud and saidthat the only
ges , , method which had ever been adopted , and the Only one proper to be adopted by criminals for obtaining a mitigation of their punishment , was to petition his Majesty , and that his Majesty was always graciously pleased to consider such petitions , and refer them to the judges . In the present case , the criminals had . not so humbled themselves , and had shewn no contrition . ' Lord Stanhope hoped it would nevir he necessary in this country for a man , conscious of his innocence , to humble himself as a criminal to obtain justice .
Lord ThurlKo explained the differences between the law of England and the law of Scotland in criminal cases ; and concluded by giving his dissent to the motion . The question was loudly called for , which being put by the Chancellor , the House divided , Non » Conteuts 49—Contents , *¦—Majority 4 8 .
PROTEST . Dissentient . 1 st . Because the attending to the due administration of justice , and tlie watching over the conduct of the various courts in this kingdom , is one of the most important branches of the business of' this House , and is at all times also one of its most essential duties . adly . Because it obviously appears to be proper to examine into the justice and legality of a sentencebefore it is executedand not to permit it to be executed first
, , , and then to examine into its justice and legality afterwards . y & f . Because , for want of such timely interference on the part of this House , it has formerly happened , that within a short time no less than four unjust and illegal judgments were , actually carried into execution , as appears horn the respective attainders of the innocent sufferers having been afterwards . reversed and made void ( when it was too late ) by four acts of Parliament , made and passed in the first year of the reign of their late Majesties King William and Queen Mary , namely , in the cases of
Alderman Cornish , Alice Lisle , Algernon Sidney , and Lord Russel . 4 th ! y . Because it is contrary to the first and immutable principles of natural justice , that any tiling to the prejudice of a defendant should be brought before a jury in a criminal prosecution , that is " only collateral , not in issue , nor necessary in the conclusion . " 5 thly . Because it is not ( nor ought to be ) competent for the prosecutor to produce any evidence to support any matter that is not charged in the indictment ; that is
to say , distinctly and precisely charged , and not by mere epithets or general words , such as oppression , sedition , vexat . on , or the like . 6 thly . Because in like manner it is not , ( nor ought to be ) competent for a prosecutor to produce any evidence to prove any crime , to have been committed by a defendant , in any other particular than that wherein it is , in the indictment expressly charged to have been committed . ythly . Because no such proceedings as those above statednor any one of them
, , can be justified under pretence , that " If it had been necessary to specify in the indictment all the facts against the defendant , the indictment would have covered , by its magnitude , the Avails of the court . " And Sthly .- Because in one year of the trial of Warren Hastings , Esq . namely , in the year 1790 , there were no less than four decisions of the House of Lords upon this subject , viz . on the 25 th day of February , when the Lords resolved , That the Managers for the Commons be not admitted to give evidence of the
unfitness of Kellcram for the appointment of being a renter of certain lands in the province of Bahar ; the fact of such unfitness of the said Kelleram not being charged in the impeachment . S 2