My Lords, many daring robberies have been committed in this city, and,
in spite of the utmost vigilance of the police, no discovery could be
made of the perpetrators. At length, upon the Friday after the robbery
of the Excise Office, Brown went to Mr. Middleton, a person employed by
the Sheriff, and told him such circumstances as led to a discovery. From
this, my Lords, I am bound to suppose that he had repented of what he
had done, and I conceived it to be my duty not to prosecute him, but, on
the contrary, to make use of his evidence as a means of discovery of the
rest of his accomplices. After this, my Lords, it was found that he had
been convicted at the Old Bailey. I then applied for advice to those
whom I thought were best enabled to assist me concerning the law of
England on this subject, and I learned, my Lords, that the proper method
to be followed was to apply for a pardon. There is no occasion for
making a mystery of the matter, it was the Recorder of London I did
apply to. He is a gentleman necessarily more versant in these matters
than any other man in the kingdom. By his advice, I applied for a pardon
and accordingly obtained it.
But, my Lords, there was no occasion for a pardon in this case; the
witness, in my opinion, would have been just as admissible without it.
The sentence by which he was condemned is to us entirely a foreign
sentence, and, therefore, upon the universally received principle of
law, that _statuta non obligant extra territorium statuentis_, it can be
of no force with us, unless from that politeness, termed _comitas_ by
the law, which civilised nations pay to the decrees of each other, and,
accordingly, unless your Lordships shall, _ex comitate_, be disposed to
give effect to the decree of a foreign Court, this objection is such as
cannot even be listened to in the first instance, the crime said to be
committed by Brown having been committed in England, and the sentence
pronounced against him being the sentence of an English Court.
My Lords, your Lordships in another capacity, in the civil Court, do not
as a matter of course give effect to foreign decrees. In every instance
you must be satisfied that the decree is consistent with equity and
justice before you interpone your authority. And this holds more
particularly in such decrees as infer a penalty, in which case, indeed,
some lawyers think, and my Lord Kames declares himself to be clearly of
that opinion, that no weight whatever is attached to a foreign decree.
But, my Lords, even laying this out of the question, His Majesty’s most
gracious pardon, which I hold in my hand, puts an end to all objection
at once. There is not, indeed, a clearer point than that a pardon from
the King takes away the effects of any former sentence, and makes the
person pardoned precisely the same person he was before the sentence was
pronounced against him.
Public-domain text, read in full here on John Shaqi.
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