The Sun.
London, England, 1819-06-19 00:00:00

APPEAL OF MURDER-WAGER OF BATTLE.

The Lotto CHANCELLOR,OIIIIIOVing the second
reading of the Appeal of Al order, Wager of Bat-
tle Abolition Bill, went at some length into the
consideration of the question, first, as to the Wa-
ger of Battle, in a Writ of Right, relative to real
property, respecting the last case of which, in
1578, he read from Mr. Kendall's Book, lately
published, a narrative of the proceedings in a suit
in which Wager of Bsttle was claimed ; and ob-
served, that no doubt either could or did exist in
the mind of any one that Wager of Battle, for
the purpose of determining a right to- property,
ought to be abolished. With regard to Wager
of Battle, in Appeals of Treason, Murder, &c.
some men of great eminence, amongst whom were
Chief Justice Holt, and, at a Liter period,' Lord
Ashburton, had been of opinion that the appeal
of murder ought not to be abolished, and that
having been the case, it was undoubtedly due
to their Lordships to enter more fully into the
consideration of the question. Two petitions had
been presented against this Bill, in one of which,
from the City of London, the petitioners appear-
ed to he of opinion that the appeal of murder
might be retaioed without the wager of battle.
He (the. Lord Chancellor) was however, decided-
ly of opinion, that without the wager of battle
the appeal of murder could not remain. His
Lordship then, after describing the natura of the
suit in an appeal of murder, proceeded to quote a
Report of the well known case of the appeal of
murder by William Ashford against Abraham
Thornton.—His Lordship then proceeded to state,
that in the event of conviction upon such proceed-
ing, the King could not pardon, while even,
atter an acquittal tinder indictment, the widow,
or next heir, might appeal, so that the ap-
pellor was more favoured than the Crown itself.
To take away the right of proceeding by wager
of battle must produce a great but a necessary
change in the Constitution in this respect. As
the law now stood, a person proved tinder indict-
ment to be perfectly innocent, might be pro-
ceeded against in tie form of wager of battle.
From every view of it, therefore, the law ought
out to remain, unless they were prepared to say
that their tel ought riot to have the
protection of Magistrates, the protection of pro-
ceedings before Grand Juries, or the protection
which they generally had front that maxim of the
law which says, that a matt ought not to be tried
twice for the same offence. He dwelt on the ab-
surdity of leaving the power of pardon to the pro-
secutor in the appeal, while it was denied to the
Crown, though surrounded with responsible ad-
visers. Those advisers might, it was true, give
wrong advice in some instances, but the chances
were a thousand to one in their favour as com-
pared with the probable consequences of leaving
such a power to the other party. They had the
authority of Mr. Pox for saying, that there could
be no just trial without a power of pardon lodged
somewhere. The power of pardon in the Crown

was in fact a right of the sub et, fur it was ne-
cessary to the distribution of justice, and could no
where he lodged with so much benefit to the sub-
ject as in the Crown. his LorAship concluded
with observing, that he was not only satisfied at
to the course which (heir Lordships would take
on that occasion, but could not help expressing
his astonishment how the 'law could have been
permitted to exist so long. Thi Bill then
.went
through a Committee, and was reported.
The Cotton Factories Bill went through a Com.
mittee, and was ordered to he reported on Wed-
nesday next.—Adjourned till Monday.

HOUSE OF COMMONS.

MISCELLANEOUS.

Mr. JOHNSON, from the Office of the Chief Se.
cretary of Ireland, presented several Revenue •Ac.
counts.—Qrdered to lie on the table.

111 r. HUME moved for the printing the An-
nual Accounts of the List ludia Company.—
Ordered. •

An Account of the Average for the last two
years, ending in Jill/. 1819, of the Excise Duties.
Ordered.

Sir R. SVJLSON presented a petition from Joseph
Britton, now a Prisoner in the King's Bench,
praying for some relief from an Attachment' of
the Court of Chancery.—Ordered to lie on the
table.

Sir R.S.'WH.soN presented a petition from the
prisoners of the Marshalsea, praying that certain
clauses of the New Insolvent Bill might not pass
into a law.—Ordered to lie owthe table.
Col. DAVIS moved for the printing of Accounts
lately presented to the House relative to the trade,
&c. with Buenos Ayres ; also similar Accounts re-
lative to Spain.—Ordered.
Mr. BENNET brought up the Report of the
Publicans' Licence Regulation Bill.—Ordered to
be read a third time on Monday, and in the mean
time to be printed.
Mr. DAVIS. GILBERT moved and obtained the
third reading of the. justice General of Scoi land's
Bill. It was then p:issed, and Mr. Gilbert and
others requested to carry ►t to the Lords.
The Churches' Amendment Bill was read a
second time, and committed for Wednesday next.
A, motion for an Account of the Annual
lin-
portation,of Butter for the last twenty years was
made, and agreed to.
'The Tobacco Bill was read a second time, and
committed for Monday.
Mr. COKE, of Norfolk,<.presen!ed a petition
from certain merchants of the County of Nortolk,
complaining of the hardships which the Agricul,.
tura' Interest would suffer if the New Malt D6ty
were passed into a law.—Ordered to lie on the.
table.

Mr. COKE, 'of Norfolk, presented a petition
from certain inhabitants .of Norfolk, complaining
of the Bonding System,.and praying for
Ordered to lie on the table. .

The same Honourable Member presented ape-
tition from certain Merchants of the County of
Norfolk, praying for -retrenchment and economy
in the Public Expenditure. The table Would have
been crowded with petitions against the new
Taxes, had the Chancellor of the Exchequer not
used the extraordinary expedition which marked
his conduct. The Hon. Member did not know
whether he was strictly in order by presenting
such a petition at this time, but he was at the
d:scretion of the House.
The CHANCELLOR Of the EXCHEQUER moved
that the House, at its rising, do adjourn to Mon-
day next.—Ordered.
Mr. BASTARD presented a petition from certain
inhabitants of Devonshire, praying for some alte-
rations in the Bill for the Recovery of Small
Debts.—Read and ordered to lie on the table.
Mr. Baoonex brought up the Report of the
Committee on the Glass Duty Tax.—The Bill was
brought in, read a first time, and ordered for a
second reading.
• • •
Loud EDWARD SOMERSET held in his hand a pe•
tition from a' large body 01 his constituents against
the tax on Foreign Wool. Although be knewnit
could not, on account of late period offered to
the House, be received; yet he thought it incum4
bent upon hint to state the receipt of it personally,
in order that his constituents might see he was
vigilant in their interest, and that the petition
had been received at too late a stage against
Tax Bill.
The Irish Mail Coach' Contract Bill was reati
second time, and Ordered to be committed ott
Monday.