Blackwood's Edinburgh Magazine, Volume 56, Number 349, November, 1844 — John Shaqi
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
than he--are entitled to look at his cavalier-like treatment of their
best services, with a feeling stronger than that of mere surprise? In
concluding this long article--in expressing our conviction of the error
of the Lords--we feel one consolation at all events--that if we err, we
err in good company; and that we are not conscious of having
transgressed the limits of legitimate discussion, in exercising as
undoubted a right of its kind, as these three peers exercised in
branding so overwhelming a majority of the judges of the land with the
imputation of ignorance of those laws which all their lives had been
spent in administering. The very existence of the ancient common law of
the land is put in jeopardy by such a procedure as that which we have
been discussing; and our honest conviction, however erroneous, that such
is the case, will suffice to excuse the freedom of our strictures; if,
indeed, we require an excuse for echoing the stern declaration of on
forefathers--_Nolumus leges Angliae mutari_.
As to him who has reaped the benefit of this lamentable miscarriage--Mr
O'Connell--the law of the land has nevertheless been vindicated, and the
stability of the empire secured, to a far greater extent than he is
willing to acknowledge. Agitation he must continue; he _must_ play out
his base and sordid game. But his powers of mischief are manifestly and
seriously crippled; and we quit him with the language addressed by Pope
to a mean one of _his_ day--
"Uncaged, then let the harmless monster rage--
Secure in dulness, madness, want, and age!"
FOOTNOTES:
[1] See the Judgment of the Judges, ordered by the House of Lords to be
printed, (and from which the quotations in this article have been made,)
read to the House of Lords by Lord Chief-Justice Tindal, on the 2d
September 1844.
[2] State Prosecutions, pp. 9, 10. No. CCCXXXIX. Vol. LV.
[3] Blackstone's Commentaries, vol. i. p. 302.
[4] Several distinct offences may undoubtedly be included, in as many
counts, in one indictment.
[5] Two of the defendants' (the two priests) names do not appear in the
record of the verdict, as one of them (Tyrrell) died before the trial,
and as to Tierney, the Attorney-General entered a _nolle prosequi_.
[6] _Comyn's Digest_, title _Pleader_, 3 B. 18.
[7] This is the proper expression. See _M'Queen's Practice of the House
of Lords,_ p. 256. "They are summoned _for their advice in point of
law_, and the greater dignity of the proceedings" of the
Lords.--(_Blackst, Comm._ p. 167.)
[8] 1 _Blackstone's Commentaries,_ p. 69.
[9] Opinions of the Judges, &c.--(Pp. 1-3.)
[10] Opinions of the Judges, p. 23.
[11] 3 _Blackstone's Commentaries_, p. 395.
[12] We quote from the edition of Lord Denman's judgment, sanctioned by
himself, and edited by D. Leahy, Esq., (one of the counsel in the
cause.)
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