The Statesman.
London, England, 1820-07-15 00:00:00

themselves to those landmarks„which, by the mom-
me:lllation of those very advisers, had been originally
bdttdoned. Weie their Lordships' proceedings in
consonance with those rights, those regulations, and
gn prds, which the wisdom and patriotism of their an-
.% stars had provided to secure the freedom of the sub-
ject Bid they resemble any tribunal known to the
laws and the Constitution of the country. If, indeed,
they could show a stream of door precedent, issuing
from the fountain of some constitutional principle, and
enriching itself in its coo-se by the deternslnstitms of
socceeding authorities—he would ask of their Lord-
ships to adroit it as the rule of their proceeding. Bat
wh-n he saw that amongst the cases which bad been
bedught forward as upproschiug to a connection with
the present, some few bail been justifiable cases, and
these justifiable on their peculiar merits only—when he
saw this, was it possible for him to say, that their
Lordshif.s were tudraw from such ow a rule to influ-
ence their present proceedings? All ws'mat writers had
united in saying, that Bills of Pains and Penalties
were to be introduced only in extreme circuniststicis.
Sir W. Blackstone, the industrious and philosophic
searcher into our system of 14w—the moment be estate

to mention Bills of Pains and Penalties. exclaimed,
" 1 speak not of them—they crepes re nate—subject
to no laws, and referable to no laws."—(Hear, hear!)
—Where was there a digest of the laws upon this
branch of proceeding? Where, in this book-making
age, was the lawyer that thought proper to impose a
toluene npun this subject upon the student, in addition
to the immense matter upon which his industry was
to be exercised ? And why ? Because such pro-
ceedings ruse out of circumstances which no inge-
nuity could foresee, and the repetition of which was
wholly out of the range of probability. In short, it
would he just as prudent, and as useful, to attempt to
pr.•scrihe a path in the Heavens, in which all the
',meta that were to appear in future time were
to confine their course, as to say in what manner,
by what principles, and subject to what rules, the
proceedings in suck caws were to be conducted. He
pressed the Resolutions of his Noble and Learned
Friend upon three considerations: Ist. that the ends
of justice wonid be best secured by adopting them;
that it wonlii furnish the means of conducting
the proceedings with the greatest dispatch ; an•l, :Idly,
ti..it it embraced the greatest convenience to the tribu-
nal conducting tier proceeding. As to the first point,
he was confident that, if the concession which was

now sottgbt for were ►withheld, a great interruption
would take place in the procealing, to the ma:tires'
prejudice of the defendant's ease—an occurrence which
was uniformly reprobated by the Bench. And here
Le would beg leave to rensi.l their Lordships, that a
lip!sy taking place between the period of the accuse-
t.,tt and of the defence, may create a prejudice not to

the defendant, but to her adversary, particularly in the
present state of the puhlie mina; because although
the charge• might be made public, and openly dis-
missed, yet the resolute assertion on the part of her
blaJosty's friends, of her capability to overturn all the
charges, Ina! be pretty generally believed, and thus a
prejudice dangerous to justice might be productd.
was at a loss to knew how it would be convenient
to have this lint produced, ranee on the back of sumr
mouses the names of witnesses were set forth very (re-
tort:lly. He could not agree with the Noble Lord on
the Woolsack in thiaking that the second Resolution
of his Noble and Learned Friend was at all injurious,
to th” principle of the Art of William. lie wished
that a Ilst of the witnesses should be fnrnislied, to re•
ther with a statement of the specific charges a_ainst
her. This would enable her to proceed with her de-
fence with regularity ; whereas, if the advantage were
withheld, and that she thor to the knowledge of the

4.!. 'Fires and the names of the witnesses only at the
time of accusation, it would he in all probability ne-
cessary for her Majesty to apply for a delay of two or
three months, in order to enable her to make out her

ddeuce: and he begged to ask their Lordships, would
not the situation of her Majesty under such circum-
s• Ince* be much more contrary be all precedent—to all
a,!ilo;y, though a course, hammer *convenient. that
R Illlti produce delay—that would leave the care Of her
Maje,ty, or that of her adrersarlui, to be prejudiced,
and would render more difficult the final conclusion of
the proceedings?

The Earl of Ltvearoot. was ready to agree with the
Noble Marquis, that Bills of Pains and Penalties were
..L•rptions to the general course of proceeding and
that they were not to be directed by precedent so much
as by the substantial justice of the case itself. He
1124 never said that this was a cue to be guverued by
i• ecedent ; at the SAW time be was of opinion, that
recedente should be an ingredient in the causes by
which their Lordships were to be determined. With
rcspect to the statute, reqniring that a fist of witnesses
should be furnished to the defendant, he should give
L. opinion candidly. Although he saw much incon-
i..nience arising from the operation of that statute,
'Mitoses he held it to be a matter of doubt whether
, advantages which it produced were not more than
hdanead by the injuries which attended its opera-
tions ; yet he had no desire to disturb it. It had been
th, law of the land for a lung time, and therefore he
would nut disturb it. When the statute 7th ,
27, medifyieg the law of treason, and confirming
Site . right of the accused to haves. list of witnesses was
vapid. it
,was hailed as an act of mercy. anal every one
thought It natural to expect that the benefits of it
would be executed immediately, But the fact was,
Ain it was not to come into operation till after the
tmernder's death ; and seventy years after It passed,
k was first carried into effect in the case of Lord tileco.
24kardou. A great lawyer, a constitutional man, and
•• -o,Bfeat friend to liberty, had given it as hie opinion,
Nest 4he statute might serve a very bad purpose; it
•gare some advantage ; but this might be outweighed
leg; tae injuries which it effected. and the King WIS
C 114144 to the saute benefit as the *ceased. He was
• p,opsral to say that more isijytOe was likely, to /ow
•feose gieing each a liai ,146 'Arrest many instances
theo advantage; it gave ait opportunity pfletting up
• taioe &few ; it gave the power of acAin/liy intimi-
dation and violence ; it in short wayilaid justice In its
,ceassa, and provented,the witnesses from coming into
Onus with freedom and command. If the land of power
toe to be yarded o 0 on one side. so, was popular cla-
mour to be averted on time other. The state of the id-
u.inlstration of justice in this country, he was happy
to say, was at great awl singular boast of its inhabit-