Blackwood's Edinburgh Magazine, Vol. 68, No 422, December 1850Various
General
Blackwood's Edinburgh Magazine, Vol. 68, No 422, December 1850
Various
England -- Periodicals; Scotland -- Periodicals
Had Lord Cardigan been convicted, he had still a _chance_ of escaping
the serious personal consequences by claiming that absurd and unjust
privilege of the peerage of which Lords Mohun, Warwick, and Byron in
past times had respectively availed themselves, immediately on their
having been convicted, in cases of fatal duels, of manslaughter. This
privilege had been confirmed by statute, 1st Edward VI. c. 12, § 14,
which was passed in the year 1547, and consisted in enabling a lord of
parliament and peer of the realm to have benefit of clergy for a first
conviction of felony,--that is to say, to escape the penal consequences
of conviction, on simply alleging that he was a peer, and praying the
benefit of that act! In 1827, however, by one of the statutes which
effected so salutary a reform of our criminal law, (statute 7th and
8th Geo. IV. c. 28, § 6,) it was enacted as follows,--that "benefit
of clergy, with respect to persons convicted of felony, shall be
abolished." It had been intended, by this section, to repeal that of
the 1st Edward VI. c. 12, § 14; but serious doubts were entertained,
during the pendency of Lord Cardigan's trial, whether that intention
had been effectuated. We offer no opinion on the point, which would
have been argued, of course, with desperate pertinacity, and consummate
learning and ingenuity, had the occasion for such an exhibition arisen.
To extinguish, however, all possible doubt, and prevent any future
failure of justice, an act was passed in the same session during
which Lord Cardigan was tried, (statute 4th and 5th Vict. c. 22, 2d
June 1841,) asserting that "doubts had been entertained" whether,
notwithstanding the statute of 1827, that of 1547 "might not, for
some purposes, still remain in force." The statute of 1841 had but
one section, which declared the 1st Edward VI. c. 12, § 14, to be
"thenceforth repealed, and utterly void, and no longer of any effect;"
and enacted that "every lord of parliament, or peer of the realm having
place in parliament, against whom any indictment for felony may be
found, shall plead to such indictment, and shall, upon conviction, be
liable to the same punishment as any other of her Majesty's subjects
are, or may be, liable upon conviction for such felony."
Here stands the law of duelling, alike for lord and commoner, whom
we trust we have satisfied of the really alarming responsibilities
entailed upon those who may choose to perpetuate these outrages upon
the laws of their country.
Public-domain text, read in full here on John Shaqi.
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