"This High Court of Parliament doth adjudge, that Lionel, Earl of
Middlesex, now Lord Treasurer of England, shall lose all his
offices which he holds in this kingdom, and shall, hereafter, be
made incapable of any office, place, or employment in the state
and commonwealth. That he shall be imprisoned in the tower of
London, during the king's pleasure. That he shall pay unto our
sovereign lord the king a fine of 50,000 pounds. That he shall
never sit in Parliament any more, and that he shall never come
within the verge of the court." 2 Howell's Stale Trials, 1250.
Here was a peer of the realm, and a minister of the king, of the
highest grade; and if it were ever necessary to obtain the assent of
the king to sentences pronounced by the peers, it would unquestionably
have been obtained in this instance, and his assent would have appeared
in the sentence.
Lord Bacon was sentenced by the House of Lords, (l620,) no
mention being made of the assent of the king. The sentence is in
these words:
"And, therefore, this High Court doth adjudge, That the Lord
Viscount St. Albans, Lord Chancellor of England, shall undergo
fine and ransom of 40,000 pounds. That he shall be imprisoned
in the tower during the king's pleasure. That he shall forever be
incapable of any office, place, or employment in the state or
commonwealth. That he shall never sit in Parliament, nor come
within the verge of the court."
And when it was demanded of him, before sentence, whether it
were his hand that was subscribed to his confession, and whether
he would stand to it; he made the following answer, which implies
that the lords were the ones to determine his sentence. "My lords,
it is my act, my hand, my heart. I beseech your lordships to be
merciful to a broken reed." 1 Hargrave's State Trials, 886 7.
The sentence against Charles the First, (1648,) after reciting
the grounds of his condemnation, concludes in this form:
"For all which treasons and crimes, this court doth adjudge,
that he, the said Charles Stuart, as a tyrant, traitor, murderer, and
public enemy to the good people of this nation, shall be put
to death by the severing his head from his body."
The report then adds:
"This sentence being read, the president (of the court) spake as
followeth: 'This sentence now read and published, is the act,
sentence, judgment and resolution of the whole court.'
1 Hargrave's State Trials, 1037.
Unless it had been the received "law of the land" that those who
tried a man should fix his sentence, it would have required an act
of Parliament to fix the sentence of Charles, and his sentence
would have been declared to be "the sentence of the law,"
instead of "the act, sentence, judgment, and resolution of
the court."
Public-domain text, read in full here on John Shaqi.
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