The Court of Cacus; Or, The Story of Burke and HareLeighton, Alexander
History
The Court of Cacus; Or, The Story of Burke and Hare
Leighton, Alexander
Body snatching; Burke, William, 1792-1829; Hare, William, 1792?-1870?
This judgment was accordingly brought under review of the High Court by
what is technically called a bill of advocation, suspension, and
liberation--the meaning of which is simply that Hare tried another chance
for freedom by applying to the highest tribunal. The Lord Justice-Clerk,
who saw at once that the question was so far new, and of the first
importance, not only in its merits, but viewed in relation to the state of
the public mind, wished to have it judged of by all the Lords, and he
therefore called upon the public prosecutor to answer the request of Hare.
The Lord Advocate, who, no doubt, felt himself placed in a delicate
position, but still determined to stand by the law and the dignity of the
Crown, accordingly presented his answer; and long pleadings, called
informations, having been lodged, the case came to be tried before the
Court on the 2d February. The celebrated Jeffrey appeared for Mrs Wilson,
and Duncan M'Neill for Hare. It was maintained on the part of Hare, said
Mr Jeffrey, that the public prosecutor was entitled to make a compact, to
which compact their Lordships were bound to give effect; that their
Lordships had no discretion, but that it rested entirely with the Lord
Advocate to enter into such compact, and to extend immunity to any number
of cases, without the control of the judge; in short, that the Lord
Advocate possessed the uncontrolled power of exercising the royal
prerogative. And this he might do, not merely in respect of the particular
crime as to which a _socius criminis_ was to be used as a witness, but
might, if he chose, extend it to all other crimes of which he might have
been guilty. Whenever the Lord Advocate stipulated an immunity, it seemed
to be maintained, on the other side, that a sufferer by housebreaking,
fire-raising, and other crimes, was to be deprived of his right, as a
private party, to prosecute the guilty perpetrator of the wrong, and that
the Lord Advocate had a power to enter into a compact by which he could
grant immunity for offences, past or future, known or unknown. Such a
prerogative would be to invest the public prosecutor with a power of
pardon which only belonged to the Crown, and this, too, without a tittle
of authority, amounting to an assumption of the authority of Parliament;
and so forth. But all the eloquence of Jeffrey would not do. The judges
had, long before this day of judgment, been down in the deep wells of
authority, and, as one of the enraged people said, came up drunk with
law, and kicked sober justice out of court. Certainly, if such a profane
expression could be used, these learned men might have been in that state,
for seldom had they appeared so surcharged with authorities. They seem to
have rummaged every corner of the Advocates' Library and the
Register-Office to find out the origin of the law of king's evidence, and
to have hunted out every decision bearing upon the case, so that, it would
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account