to his disadvantage. Even those who are cited to the bar for
murder or for treason, are tried only by the evidence of that crime for
which they are indicted.
That this house is not bound to strict forms, and is not accountable for
the exercise of its power, is easily granted; but authority cannot
change the nature of things, and what is unjust in a lower court, would
be in us not less unjust, though it may not be punishable.
* * * * *
It was replied that this question had been before sufficiently
discussed.
The attorney general not being present, the debate was adjourned to the
next sitting.
On the next day of the session, the lord BARRINGTON proposed, that the
adjourned debate might be resumed, and several members interceded for
the petitioner, that he might be released; to which it was objected,
that it was not proper to release him, unless an information was lodged
against him, without which he could not be held to bail; and the
question being put, whether he should be released, was determined in the
negative.
At the sixth sitting, the author of the libel, who was committed to the
common prison of Middlesex, petitioned the house to permit him to
implore pardon on his knees, and promising, by the strongest and most
solemn assurances, not to offend again, was ordered to be discharged the
next day, paying his fees.
On the forty-seventh sitting, the printer of the daily paper again
petitioned the house, representing, that he most heartily bewailed his
offence, that he was miserably reduced by his confinement, having
borrowed money of all his friends to support himself, his wife, and
children, and praying the mercy of the house. He was then ordered to be
discharged, paying his fees, and giving security for his appearance to
answer the prosecution.
On the eighty-fifth day, Mr. George Heathcote offered another petition
for the said printer, and represented, that the fees amounting to one
hundred and twenty-one pounds, he was not able to pay them, that,
therefore, he hoped the house would consider his case; but the petition
was not allowed to be brought up. On which he remained in custody
fourteen days longer, till the end of the session, and, the authority of
the senate ceasing, had his liberty without paying any fees.
HOUSE OF COMMONS, DEC. 4-11, 1740.
ON INCORPORATING THE NEW-RAISED MEN INTO THE STANDING REGIMENTS.
On the 4th of December, sir William YONGE,
|