The Sun.
London, England, 1840-02-05 00:00:00

CASE OF FROST.

Lord BROUGHAM said he had to present to
their Lordships three petitions from three indivi-
duals in sirsilar circumstances—viz., John Frost, Ze-
phaniah Williams, and William Jones, prisoners in the
county gaol of Monmouth, who had been convicted
of high treason, setting forth various facts relating to the
trial, and the ultimate decision on the objection taken, and
complaining that not being aware of the law, they were
not informed of that which now turned out to be the law
and were, therefore, prevented from taking the objection
in what was now said to have been the proper time;
also solemnly declaring that the Judges had expressed
the same opinion upon the trial as they afterwards en-
tertained ; and that, therefore, if the objection had been
taken in due and proper time, the petitioners ought to have
been acquitted, acd praying their Lordships to interfere
to obtain mercy for them. He ( Lord Brougham) said
that a great error had gone out respecting these pro-
c.,edings. It was a great mistake to suppose the fifteen
Judges constituted a tribunal known to the law of the
country. It was not so. They were merely consulting
on the subject as any other individuals learned in the law
might have done, and had not an atom of jurisdiction, because
they had not heard the cause tried. Such consultations
used to be in the dining-room of the Judges, and he bad
argued causes there before their Lordships after dinner.
The case of Lawless was so argued, but the judgment was
was not given until next Spring, when it was delivered
at the Assizes in the Court where the cause had
been tried by a single Judge. It was altogether
a mistake in the petitioners to say the two Judges retained
their opinion, for having had the opinion of the majority
they now believe they were wrong. He hoped the point
on which the obj ction was taken would be made the sub-
ject of legislative enactment, as there ought not to be the
' slightest doubt whatever on that matter.
PRIVILEGES OF PARLIAMENT.

Lord BROUGHAM said he had now to present a
petition from two individuals placed in a situation of pecu-
liar difficulty and hardship, and in circumstances strange,
unprecedented, and alarming ; he presented to their
Lordships a petition from William Evans, and John
Wheelton, Esqs., Sheriffs of London and Middlesex,
and the petition appeared to be presented to the House,
not merely in its Legislative capacity, but as the highest
Court of Judicature known to laws of these realms, and
from officers of a Court on whose judicial decisions ther
Lordsbips might have to sit in judgment ; as also upon the
conduct of the Sheriffs as officers of that Court over
which their Lordships' House had unquestioned jurisdiction.
The petition was to this effect—and in regard to the great
hardship of this case, and in regard to the high and para-
mount importance of the subject, and in regard, he
would venture to add, to the respectful, touching, and
submissive nature of the appeal made to their Lord-
ships, he would venture to engage for the state-
ments of the petition that attention which their Lord.
ships always gave to the petitions of every class of their
fellow-subjects, when those fellow-subjects bore towards
their Lordships the relations which he bad taken the liberty
to point out. The petitioners addressed their Lorishhips as
the Supreme Court of Judicature of the country, and they
asked for justice according to law, and he for one must say
that in his experience he knew of no justice—he knew of
nothing called justice, unless it .was justice according to
the law—the known and established law of the realm.
The petitioners said that by divers charters the office
of Sheriffs of the City of London, and the county of Mid-
dlesex, were vested in the Lord Mayor, commonalty, and
citizens of London. That the Sheriffs were elected by
the livery-men of London in Common Hall assembled,
and were compellable to serve such dice under the
yenalty of a heavy fine. That on the day of the last
annual election the petitioners were elected
and took upon themselves the duties of the office, the con-
sent of the Crown being given to their appointment by the
Cursitor Baron. And previous to entering on the office
they took the oath that they would truly serve all the
Queen's writs according to the best of their skill and
knowledge, and that pursuant to that oath they had
duly executed all the Queen's writs which were di-