The Massachusetts spy. [volume] (Boston [Mass.]) 1770-1772, 1772-04-30

And therefore as nothing now could be eN-
espted, Judgment 0agbi TO be feDcd. had
the court on this motion have adlndged q
netV niai, though the ground OF that might
have been queGioned they would have beer
! in The kgai courfe. But when after all th'
kgal Ielources had failed, fill TO luipene
judgment, cannot be iuaihed.
will now look into Judge BIackitone's sc-
count of this matter, and endeavour to col
eef his opinion. He Jays p. 3o8 "wher
the iury have brought in their verdict guilty
he IS either Immediately, or at convenient
time foon after, aJRsd by the cour;,1 he ba'
any thing TO o6ir, sUby Judgment 6'an not b
aloard1d qgaigR him" Thus agreeable &c
he Judge, is the common and kgal courfe Of
procedure. IF the prifoners cafe is hard
and he not legally found guilty, the 6e"ignitj
Of the law, has allowed him this Legal method
Of deliverance. He has liberty to offer any
thing to anef judgment, and if his Otjsth
oni are good, the court will fay Judgment
This mode Ct refpi'iag judgment is eDf"fialg
varient, from that when the court do IT a'6i
frariJ, jfcrefly and 1oitboat any rea('n at al
what thele kgal objections are, Backbone G.
numerates, and undoubtedly 70 great wrl'
ter mentions every one that is known IN to
lorU. Such as want Of certainty in .iettInt
forth either the perfon, the time, the place
or the offence" Again " a pardon may b
pleaded in aTeR of judgment. s. Praying
the benefit of the clergy" il aHfbejs Tgf0Hr
ces fail, the court myf pronounce that judg
ment which the law hath annexed 't
the cTime." . +'
Now take il to be a clear conequerce
from theie psfIages of Judge Backbone, &
am at prelent only coniidering t1m) that y
in the cafe at bar, neither OF theie legal 0d
vanfaes here mentioned can be found, and
tbelf keairelources fail, Judgment puff be
pronounced. If the jury's diAen'lng from
the court in their opinion Of the latter he al
mitfed to be grouod for aueiting Judgment.
let il be pleaded legally. And IN fact tins
was the cafe. Upon the motion for ne"
trial this matter was argued. The court
then reiolved it was no e, onnd for new I'll
al. And yet this very court, that we've ienii
bic, this could not in The LEGAL form srrei'
Judgment, took upon them by apriOate de-
termination in the lobby on this ground, by
their ouva oatbrify to Gay the proceedings
Yet, even here again, they find their inablli.
~ to countersa Judge Blackaones rHIts
As. no exception could be taken to the IN
di6fment, benefit OF Clergy was not allowed
and new uia refuied, recourfe mutt be hac
| for a pardon pardon was jfnt boms for
the prifoner reipiied, and at length afteI
twenty two months his pardon is plead.
Its now plain, tiethink, that by the law'
we have quoted, yAe act the court in itay
ing Judgment WIS not Legal, if we excep
this pleading the pardon. Ihepoint there
fore 20 be det. rmined is, whether upon thu
pri(oners being sfked, if he has nothing tt
offer in auell of judgment, he has no par
don to plead, judgment fhall not pats fb0
term, but be relpited, until the court haV'
fen, for pardon for him to plead. This
the immediate coniequence Of the above
Backbone declares, if no legal advantage Cal
| be taken, in behalf Of the priioner, the cour
NUT pronounce judgment. Common feni'
tells US, that the deferriag TO do this for
number Of terms, with pretence to DO .
hereafter, q \ never come within either tn
paint or the meaning Of thefe words. ! h
court are ex Geblts Tyfitie bound thus to DO
when the hg0l reiources fail. For thus lay
the erea, oracle of The Law, Chief Juitic'
Coke, {" Juftice mutt have three qualities
it mutt be E5sra, free pLsaa, full, for JuitIc'
ought not TO limp, or be granted BY Piece
ma! and crisriS, fpsedy for DiSafi' 81