The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12) eBook

This eBook from the Gutenberg Project consists of approximately 450 pages of information about The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12).

The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12) eBook

This eBook from the Gutenberg Project consists of approximately 450 pages of information about The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12).

Your Committee do not think it probable, that, even before this adjudication, the rules of pleading below could ever have been adopted in a Parliamentary proceeding, when it is considered that the several statutes of Jeofails, not less than twelve in number,[11] have been made for the correction of an over-strictness in pleading, to the prejudice of substantial justice:  yet in no one of these is to be discovered the least mention of any proceeding in Parliament.  There is no doubt that the legislature would have applied its remedy to that grievance in Parliamentary proceedings, if it had found those proceedings embarrassed with what Lord Mansfield, from the bench, and speaking of the matter of these statutes, very justly calls “disgraceful subtilties.”

What is still more strong to the point, your Committee finds that in the 7th of William III. an act was made for the regulating of trials for treason and misprision of treason, containing several regulations for reformation of proceedings at law, both as to matters of form and substance, as well as relative to evidence.  It is an act thought most essential to the liberty of the subject; yet in this high and critical matter, so deeply affecting the lives, properties, honors, and even the inheritable blood of the subject, the legislature was so tender of the high powers of this high court, deemed so necessary for the attainment of the great objects of its justice, so fearful of enervating any of its means or circumscribing any of its capacities, even by rules and restraints the most necessary for the inferior courts, that they guarded against it by an express proviso, “that neither this act, nor anything therein contained, shall any ways extend to any impeachment or other proceedings in Parliament, in any land whatsoever."[12]

CONDUCT OF THE COMMONS IN PLEADING.

This point being thus solemnly adjudged in the case of Dr. Sacheverell, and the principles of the judgment being in agreement with the whole course of Parliamentary proceedings, the Managers for this House have ever since considered it as an indispensable duty to assert the same principle, in all its latitude, upon all occasions on which it could come in question,—­and to assert it with an energy, zeal, and earnestness proportioned to the magnitude and importance of the interest of the Commons of Great Britain in the religious observation of the rule, that the Law of Parliament, and the Law of Parliament only, should prevail in the trial of their impeachments.

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The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12) from Project Gutenberg. Public domain.