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
The House of Peers unanimously found Earl Ferrers guilty of the felony
and murder whereof he stood indicted, and the Earl being brought to the
bar, the High Steward acquainted him therewith; and the House
immediately adjourned to the Chamber of Parliament, and, having put the
following question to the Judges, adjourned to the next day.
"Supposing a peer, so indicted and convicted, ought by law to receive
such judgment as aforesaid, and the day appointed by the judgment for
execution should lapse before such execution done, whether a new time
may be appointed for the execution, and by whom?"
On the 18th, the House then sitting in the Chamber of Parliament, the
Lord Chief Baron, in the absence of the Chief-Justice of the Common
Pleas, delivered in writing the opinion of the Judges, which they had
agreed on and reduced into form that morning. His Lordship added many
weighty reasons in support of the opinion, which he urged with great
strength and propriety, and delivered with a becoming dignity.
_To the Second Question._
"Supposing the day appointed by the judgment for execution should lapse
before such execution done, (which, however, the law will not presume,)
we are all of opinion that a new time may be appointed for the
execution, either by the High Court of Parliament, before which such
peer shall have been attainted, or by the Court of King's Bench, the
Parliament not then sitting: the record of the attainder being properly
removed into that court."
The reasons upon which the Judges founded their answer to the question
relating to the further proceedings of the House after the High
Steward's commission dissolved, which is usually done upon pronouncing
judgment, may possibly require some further discussion. I will,
therefore, before I conclude, mention those which weighed with me, and,
I believe, with many others of the Judges.
_Reasons, &c._
Every proceeding in the House of Peers, acting in its judicial capacity,
whether upon writ of error, impeachment, or indictment, removed thither
by _Certiorari_, is in judgment of law a proceeding before the King in
Parliament; and therefore the House, in all those cases, may not
improperly be styled the Court of our Lord the King in Parliament. This
court is founded upon immemorial usage, upon the law and custom of
Parliament, and is part of the original system of our Constitution. It
is open for all the purposes of judicature, during the continuance of
the Parliament: it openeth at the beginning and shutteth at the end of
every session: just as the Court of King's Bench, which, is likewise in
judgment of law held before the King himself, openeth and shutteth with
the term. The authority of this court, or, if I may use the expression,
its constant activity for the ends of public justice, independent of any
special powers derived from the Crown, is not doubted in the case of
writs of error from those courts of law whence error lieth in
Parliament, and of impeachments for misdemeanors.
Public-domain text, read in full here on John Shaqi.
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