Blackwood's Edinburgh Magazine, Volume 56, Number 349, November, 1844Various
History
Blackwood's Edinburgh Magazine, Volume 56, Number 349, November, 1844
Various
England -- Periodicals; Scotland -- Periodicals
Having been called up for _judgment_ on the 30th May, in Trinity term
last, the defendants were respectively sentenced to fine and
imprisonment, and to give security to keep the peace, and be of good
behaviour for seven years; and were at once taken into custody, in
execution of the sentence. They immediately sued out writs of error,
_coram nobis_--(_i. e._ error _in fact_, on the ground that the
witnesses had not been duly sworn before the grand jury, nor their names
authenticated as required by statute.) The court thereupon formally
affirmed its judgments. On the 14th June 1844, the defendants (who
thereby became _plaintiffs_ in error) sued out of the "High Court of
Parliament" writs of error, to reverse the judgments of the court below.
On the writ of error being sued out, it became necessary, as already
intimated, to enter the findings of the jury, according to the true and
legal effect of such findings, upon the record, which was done
accordingly--the judges themselves, it should be observed, having
nothing whatever to do with that matter, which is not within their
province, but that of the proper officer of the court, who is aided, in
difficult cases, by the advice and assistance of counsel; and this
having been done, the following (_inter alia_) appeared upon the face of
the record:--The eleven counts of the indictment were set out
_verbatim_; then the findings of the jury, (in accordance with the
statement of them which will be found _ante_;) and then came the
following all-important paragraph--the entry of judgment--every word of
which is to be accurately noted:--
"Whereupon _all and singular the premises being seen and fully
understood_ by the court of our said Lady the Queen now here, it is
considered and adjudged by the said court here, that the said Daniel
O'Connell, FOR HIS OFFENCES AFORESAID, do pay a fine to our Sovereign
Lady the Queen of two thousand pounds, and be imprisoned," &c., and
"enter into recognisances to keep the peace, and to be of good behaviour
for seven years," &c. Corresponding entries were made concerning the
other defendants respectively.
Public-domain text, read in full here on John Shaqi.
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