The Works of Samuel Johnson, LL.D. Volume 10: Parlimentary Debates IJohnson, Samuel
History
The Works of Samuel Johnson, LL.D. Volume 10: Parlimentary Debates I
Johnson, Samuel
Great Britain. Parliament. House of Commons -- History -- 18th century
This petition being read, a motion was made, that the serjeant at arms
do carry the petitioner to some court of law, to give security for his
appearance to the prosecution to be carried on against him by the
attorney general; which done, that he be discharged, paying his fees.
Sir William YONGE spoke to this effect:--Sir, I know not for what reason
this enormous offender is entitled to so much regard, or by what
interest he has engaged so many, who, I doubt not, abhor his crimes, to
pity his sufferings.
Had he been young and unexperienced, and seduced into the commission of
this offence by artifice or persuasion, his act might have been
reasonably considered rather as an errour than a crime, and it might
have been proper to treat with lenity a delinquent neither obstinate nor
malicious.
But how, sir, can this plea be urged in favour of a man, whose daily
employment it has been, for these two years past, to misrepresent the
public measures, to disperse scandal, and excite rebellion, who has
industriously propagated every murmur of discontent, and preserved every
whisper of malevolence from perishing in the birth.
The proper judge, sir, of this affair, is his majesty's attorney
general, who is not now in the house. I am, therefore, for detaining him
in custody, and for referring the consideration of farther proceedings
against him to that gentleman, whose proper province it is to prosecute
for the crown.
Mr. WALLER spoke next, to the following purpose:--Sir, it is
undoubtedly the duty of every man to oppose the introduction of new
laws, and methods of oppression and severity, which our constitution
does not admit; and what else is the mention of a prisoner's character
as an aggravation of his present offence?
It is well known, and has been already asserted, upon this occasion,
that in the lower courts of justice, though the prisoner may plead his
character, in his own defence, his prosecutor is not at liberty to
produce it to his disadvantage. Even those who are cited to the bar for
murder or for treason, are tried only by the evidence of that crime for
which they are indicted.
That this house is not bound to strict forms, and is not accountable for
the exercise of its power, is easily granted; but authority cannot
change the nature of things, and what is unjust in a lower court, would
be in us not less unjust, though it may not be punishable.
* * * * *
It was replied that this question had been before sufficiently
discussed.
The attorney general not being present, the debate was adjourned to the
next sitting.
Public-domain text, read in full here on John Shaqi.
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