The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12)Burke, Edmund
History
The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
This right seems to have been asserted by the Managers for the Commons
in the case of Lord Stafford, 32 Charles II.[77] The Managers in that
case claimed it as the right of the Commons to produce witnesses for the
purpose of fortifying their former evidence. Their claim was admitted by
the court. It is an adjudged case in the Law of Parliament. Your
Committee is well aware that the notorious perjury and infamy of the
witnesses in the trial of Lord Stafford has been used to throw a shade
of doubt and suspicion on all that was transacted on that occasion. But
there is no force in such an objection. Your Committee has no concern in
the defence of these witnesses, nor of the Lords who found their verdict
on such testimony, nor of the morality of those who produced it. Much
may be said to palliate errors on the part of the prosecutors and
judges, from the heat of the times, arising from the great interests
then agitated. But it is plain there may be perjury in witnesses, or
even conspiracy unjustly to prosecute, without the least doubt of the
legality and regularity of the proceedings in any part. This is too
obvious and too common to need argument or illustration. The proceeding
in Lord Stafford's case never has, now for an hundred and fourteen
years, either in the warm controversies of parties, or in the cool
disquisitions of lawyers or historians, been questioned. The perjury of
the witnesses has been more doubted at some periods than the regularity
of the process has been at any period. The learned lawyer who led for
the Commons in that impeachment (Serjeant Maynard) had, near forty years
before, taken a forward part in the great cause of the impeachment of
Lord Strafford, and was, perhaps, of all men then in England, the most
conversant in the law and usage of Parliament. Jones was one of the
ablest lawyers of his age. His colleagues were eminent men.
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