State Trials, Political and Social. Volume 2 (of 2)
History
State Trials, Political and Social. Volume 2 (of 2)
Trials -- Great Britain
the law for several centuries seems hardly credible, but there is no
doubt that it was. Even after 1487, a man who could read could commit
murder once with no other punishment than that of having M. branded on
the brawn of his left thumb, and if he was a clerk in orders he could,
till 1547, commit any number of murders apparently without being branded
more than once' (_Ibid._, vol. i. p. 462).
[36] Convicted felons were incompetent as witnesses till the passing of
Lord Denman's Act in 1843.
[37] Sir John Hawles (1645-1716) was born in Salisbury of a Dorsetshire
family. He was educated at Winchester and Queen's College, Oxford. In
1689 he sat in the House of Commons for Old Sarum; he succeeded Sir
Thomas Trevor as Solicitor-General in 1695 and so remained till 1702. He
afterwards represented various western boroughs in Parliament, most of
them Cornish. He was one of the managers of Sacheverell's impeachment in
1710. He died at Upwinborne.
[38] Sir Thomas Powys (1649-1719), of a Shropshire family, was educated
at Shrewsbury, and was called in 1673. He became Solicitor-General in
1686, and as a supporter of the dispensing power became Attorney-General
in 1687. As such he conducted the prosecution of the Seven Bishops. He
frequently appears for the defence in State Trials during the reign of
William III. He represented Ludlow in Parliament from 1701 to 1713, was
made a Serjeant at the beginning of Anne's reign, and a Judge of the
Queen's Bench in 1713. He was, however, removed from the bench on the
accession of George I.
[39] To a modern practitioner to whom benefit of clergy is merely an
archæological puzzle, it would seem that the proper argument was that
the imprisonment was a punishment, and that as French had not been
imprisoned he was quit of the law; but two centuries make a great deal
of difference in arguments on points of law.
[40] Sir George Treby (1644-1700), the son of a Devon gentleman, entered
Exeter College in 1661, and was called in 1671. He represented his
native town of Plympton in the House of Commons in both Parliaments in
1679, and was a manager in the impeachment of Lord Stafford. He
succeeded Jeffreys as Recorder of London in 1680, but was removed after
the success of the _Quo Warranto_ proceedings. He sat in the Oxford
Parliament of 1681, and resumed his seat as Recorder after the arrival
of the Prince of Orange. He afterwards re-entered Parliament, succeeded
Pollexfen as Solicitor-General in 1689, as Attorney-General in the same
year, and as Lord Chief-Justice of the Common Pleas in 1692.
[41] Edward Ward was called in 1670, and was engaged to assist Lord
Russell in his trial. He was a candidate for the office of Sheriff of
London in the famous election of 1683 (_ante_, pp. 3, 15). He refused a
judgeship at the Revolution; became Attorney-General in 1693, and Chief
Baron in 1695. He died in 1714. He was an ancestor of the late Mr. G.
Ward Hunt.
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