The Works of the Right Honourable Edmund Burke, Vol. 06 (of 12)Burke, Edmund
Philosophy
The Works of the Right Honourable Edmund Burke, Vol. 06 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
The mode of conviction is as extraordinary as the penal sanctions of
this act. A justice of peace, upon information that any child is sent
away, may require to be brought before him all persons charged or even
suspected of sending or assisting, and examine them and other persons
on oath concerning the fact. If on this examination he finds it
_probable_ that the party was sent contrary to this act, he is then, to
bind over the parties and witnesses in any sum he thinks fit, but not
less than two hundred pounds, to appear and take their trial at the next
quarter sessions. Here the justices are to reexamine evidence, until
they arrive, as before, to what shall appear to them a probability. For
the rest they resort to the accused: if they can prove that any person,
or any money, or any bill of exchange, has been sent abroad by the party
accused, they throw the proof upon him to show for what innocent
purposes it was sent; and on failure of such proof, he is subjected to
all the above-mentioned penalties. Half the forfeiture is given to the
crown; the other half goes to the informer.
It ought here to be remarked, that this mode of conviction not only
concludes the party has failed in his expurgatory proof, but it is
sufficient also to subject to the penalties and incapacities of the law
the infant upon whose account the person has been so convicted. It must
be confessed that the law has not left him without some species of
remedy in this case apparently of much hardship, where one man is
convicted upon evidence given against another, if he has the good
fortune to live; for, within a twelvemonth after his return, or his age
of twenty-one, he has a, right to call for a new trial, in which he also
is to undertake the negative proof, and to show by sufficient evidence
that he has not been sent abroad against the intention of the act. If he
succeeds in this difficult exculpation, and demonstrates his innocence
to the satisfaction of the court, he forfeits all his goods and
chattels, and all the profits of his lands incurred and received before
such acquittal; but he is freed from all other forfeitures, and from all
subsequent incapacities. There is also another method allowed by the law
in favor of persons under such unfortunate circumstances, as in the
former case for their innocence, in this upon account of their
expiation: if within six months after their return, with the punctilious
observation of many ceremonies, they conform to the Established Church,
and take all the oaths and subscriptions, the legislature, in
consideration of the incapable age in which they were sent abroad, of
the merit of their early conformity, and to encourage conversions, only
confiscates, as in the former case, the whole personal estate, and the
profits of the real; in all other respects, restoring and rehabilitating
the party.
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Public-domain text, read in full here on John Shaqi.
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