I apprehend that the judges probably reasoned in this manner,—the intention of the legislature being to make offences which before were capital, punishable only with transportation or imprisonment, the quality of the offence is not precisely the same as before; and that if a person maims another or disables him, or does him some grievous bodily harm, even though it were an unpremeditated act, arising out of a sudden scuffle, it should nevertheless be an offence under this act, which gives a discretionary power to the court before whom the offence is tried, either to transport for fifteen years, or to imprison for a single hour. The judges, doubtless, considering this discretionary power, and the omission of the proviso which was in the preceding acts,—seeing that the capital punishment was abolished,—came to the conclusion that the offence was committed, though, if death had ensued, it would not under the circumstances have amounted to the crime of murder. Looking to the authority of this case, I know not what defence can possibly be urged with respect to the second and third counts. I rejoice, my Lords, to think the noble prisoner will have an advantage upon this occasion, which has never before been enjoyed by any peer who has been tried at your lordships’ bar; an advantage which neither Lord Lovat, Lord Byron, Lord Ferrers, nor the Duchess of Kingston could claim. He will have the advantage of the assistance of my most able, ingenious, zealous, and learned friend. Sir William Follett, who will address your lordships in his behalf upon the facts and merits of the case. This privilege is secured to the noble prisoner under that most admirable law which your lordships passed a few years ago, by which, in all cases of felony, the party accused has the advantage of addressing, through his counsel, the tribunal which is to determine on his guilt or innocence. Notwithstanding, however, all the learning, ability, and zeal of my honourable and learned friend, I know not how he will be able to persuade your lordships to acquit his noble client on any one count of this indictment. My learned friend will not ask your lordships—and if he did, he would ask you in vain—to forget the law by which you are bound. My Lord, Captain Douglas stands on his trial before another tribunal, and his trial has been postponed by the judges, on the express ground that the same case is first to be tried by the highest criminal court known in the empire. Your lordships are to lay down the law by which all inferior courts are to be bound. I beg leave, on this subject, to read the words made use of at this bar by one of the most distinguished of my predecessors, who afterwards, for many years, presided with great dignity on the woolsack—I mean Lord Thurlow. When Lord Thurlow was Attorney-General, in addressing this House, in the case of the Duchess of Kingston, he made use of this language:—‘I do desire to press this