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
_Answer._--The Lord Chief-Justice of the Court of Common Pleas delivered
the unanimous opinion of the Judges upon the said question,--"That it is
not competent for the Managers for the Commons to ask the witness,
whether, between the time of the original demand being made upon Cheyt
Sing and the period of his leaving Bengal, it was at any time in his
power to have reversed or put a stop to the demand upon Cheyt Sing,--the
same not being relative to any matter originally given in evidence by
the defendant,"--and gave his reasons.
1794, March 1.--Lords' Minutes.
_Twelfth._
_Question._--Whether a paper, read in the Court of Directors on the 4th
of November, 1783, and then referred by them to the consideration of the
Committee of the whole Court, and again read in the Court of Directors
on the 19th of November, 1783, and amended and ordered by them to be
published for the information of the Proprietors, can be received in
evidence, in reply, to rebut the evidence, given by the defendant, of
the thanks of the Court of Directors, signified to him on the 28th of
June, 1785?
1794, March 1.--Lords' Minutes.
_Answer._--Whereupon the Lord Chief-Justice of the Court of Common
Pleas, having conferred with the rest of the Judges present, delivered
their unanimous opinion upon the said question, in the negative,--and
gave his reasons.
1794, March 1.--Lords' Minutes.
FOOTNOTES:
[82] See Lord Clarendon's commission as High Steward, and the writs and
precepts preparatory to the trial, in Lord Morley's case. VII. St. Tr.
[83] See the orders previous to the trial, in the cases of the Lords
Kilmarnock, &c., and Lord Lovat, and many other modern cases.
[84] Lords' Journals.
[85] Afterwards Earl of Nottingham.
[86] In the Commons' Journal of the 15th of May it standeth
thus:--"Their Lordships further declared to the committee, that a Lord
High Steward, was made _hac vice_ only; that, notwithstanding the making
of a Lord High Steward, the court remained the same, and was not thereby
altered, but still remained the Court of Peers in Parliament; that the
Lord High Steward was but as a Speaker or Chairman, for the more orderly
proceeding at the trials."
[87] This resolution my Lord Chief-Baron referred to and cited in his
argument upon the second question proposed to the Judges, which is
before stated.
[88] This amendment arose from an exception taken to the commission by
the committee for the Commons, which, as it then stood, did in their
opinion imply that the constituting a Lord High Steward was necessary.
Whereupon it was agreed by the whole committee of Lords and Commons,
that the commission should be recalled, and a new commission, according
to the said amendment, issue, to bear date after the order and
resolution of the 12th.--_Commons' Journal_ of the 15th of May.
[89] See, in the State Trials, the commissions in the cases of the Earl
of Oxford, Earl of Derwentwater, and others,--Lord Wintoun and Lord
Lovat.
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