The next of these cases, in chronological order, is that of the
Monmouthshire riots in 1839. This case, also, might tend to
corroborate the opinion, that the service of the state, in legal
matters, is attended with much difficulty and embarrassment. It will,
however, be seen upon examination of the facts of the case, that the
difficulty which then arose, proceeded solely from the lenity and
indulgence shown to the prisoners by the crown. On New-Year's day
1840, John Frost and others, were brought to trial, on a charge of
high treason, before a special commission at Monmouth. The proceedings
were interrupted by an objection taken by the prisoners' counsel, that
the terms of a statute, which requires that a list of witnesses should
be delivered to the prisoners _at the same time_ with a copy of the
indictment, had not been complied with. The indictment had, in fact,
been delivered five days before the list of witnesses. This had been
done in merciful consideration to the prisoners, in order that they
might be put in possession of the charge, to be brought against them,
as early as it was in the power of the crown to give them the
information, and probably before it was _possible_ that the list of
witnesses could have been made out. The trial, however, proceeded,
subject to the decision of the fifteen judges upon the question, thus
raised upon the supposed informality, which nothing but the _anxious
mercy_ of the crown had introduced into the proceedings; and the
parties were found guilty of the offence laid to their charge. In the
ensuing term, all other business was, for a time, suspended; and the
fifteen judges of the land, with all the stately majesty of the
judicial office, were gathered together in solemn conclave in
Westminster Hall. A goodly array, tier above tier they sat--the heavy
artillery of a vast legal battery about to open the fire of their
learning, with that imposing dignity which becomes the avengers of the
country's and the sovereign's wrongs. Day after day they met, heard,
and deliberated upon arguments, which were conspicuous from their
consummate learning and ability. At length these learned persons
delivered their judgments, and, amid much diversity of opinion, the
majority thought, upon the whole, that the conviction was right, and
that the terms of the statute had been virtually complied with. The
criminals, however, probably in consequence of the doubts and
difficulty of the case, were absolved on the most highly penal
consequences of their crime, and were, by a sort of compromise,
transported for life to one of the penal settlements.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account