Memoirs of the Reign of King George the Third, Volume 1 (of 4)Walpole, Horace
History
Memoirs of the Reign of King George the Third, Volume 1 (of 4)
Walpole, Horace
Great Britain -- History -- 1760-1789; Great Britain -- History -- George III, 1760-1820
Hussey then proposed to insert the words _in the King’s Bench, where
the warrants had never been condemned or approved, whereas they had
been condemned in the Court of Common Pleas_. To this Norton agreed,
though he said he would show that they had been approved in the King’s
Bench. Prisoners are brought thither by Habeas Corpus, and the court is
counsel for the prisoner. They examine the legality of the commitment,
and must remit him, or bail him, or remand him. Remanding him, or
requiring bail, is approving the commitment. Pitt proposed to add, “in
which court (the King’s Bench) it does not appear that the validity of
general warrants has been brought in question.” Charles Yorke said he
agreed with Pitt, but would have the sentence run thus, “although hath
been frequently produced to, and never been questioned by, the King’s
Bench.” Sir William said he could not agree to the amendment, for the
House had only heard evidence ex-parte for exculpation of the accused
Ministers. Pitt objecting strongly to the words _never questioned_,
Charles Yorke offered these, “and the validity never debated.” Forester
approved this, and asked if the point had never been litigated, why
should those words be inserted? George Grenville protested that nothing
should make him say that _all_ those warrants were legal; but with
Norton he desired to add, “though the parties have been remanded and
bailed.” Pitt, offended that the opinion of some Judges had been quoted
in defence of the warrant, said, he was no judge, but sat there to
judge Judges. There had not been a violation of the Constitution but
had been sanctified by the greatest Judges. Let Norton turn to evidence
and prove such prisoners had been remanded. If discharged, let the
House have that evidence also. Conway treated the whole amendment as
trifling; and asked if they would take no notice of the decision of
the Common Pleas against the legality of the warrant, and yet would
take notice of a _no_ decision? He wished to have the whole referred to
a Committee. Charles Yorke affirmed that none had been remanded; but
agreed with Norton that they had been bailed. Charles Townshend asked,
since the lawyers allowed that bail might be given on an erroneous
warrant, why they would _mention it_? Norton owned that he meant from
thence to argue for the legality. The amendments were agreed to.
Public-domain text, read in full here on John Shaqi.
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