errors on the part of the prosecutors and
judges, from the heat of the times, arising from the great interests
then agitated. But it is plain there may be perjury in witnesses, or
even conspiracy unjustly to prosecute, without the least doubt of the
legality and regularity of the proceedings in any part. This is too
obvious and too common to need argument or illustration. The proceeding
in Lord Stafford's case never has, now for an hundred and fourteen
years, either in the warm controversies of parties, or in the cool
disquisitions of lawyers or historians, been questioned. The perjury of
the witnesses has been more doubted at some periods than the regularity
of the process has been at any period. The learned lawyer who led for
the Commons in that impeachment (Serjeant Maynard) had, near forty years
before, taken a forward part in the great cause of the impeachment of
Lord Strafford, and was, perhaps, of all men then in England, the most
conversant in the law and usage of Parliament. Jones was one of the
ablest lawyers of his age. His colleagues were eminent men.
In the trial of Lord Strafford, (which has attracted the attention of
history more than any other, on account of the importance of the cause
itself, the skill and learning of the prosecutors, and the eminent
abilities of the prisoner,) after the prosecutors for the Commons had
gone through their evidence on the articles, after the prisoner had also
made his defence, either upon each severally, or upon each body of
articles as they had been collected into one, and the Managers had in
the same manner replied, when, previous to the general concluding reply
of the prosecutors, the time of the general summing up (or recollection,
as it was called) of the whole evidence on the part of Lord Strafford
arrived, the Managers produced new evidence. Your Committee wishes to
call the particular attention of the House to this case, as the contest
between the parties did very nearly resemble the present, but
principally because the sense of the Lords on the Law of Parliament, in
its proceedings with regard to the reception of evidence, is there
distinctly laid down: so is the report of the Judges, relative to the
usage of the courts below, full of equity and reason, and in perfect
conformity with the right for which we contended in favor of the public,
and in favor of the Court of Peers itself. The matter is as follows.
Your Committee gives it at large.
"After this, the Lo
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