The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12) by Edmund Burke
page 19 of 406 (04%)
page 19 of 406 (04%)
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did inspect and report accordingly. But the report is not entered on the
Journals. It is, however, to be presumed that the greater number and the better precedents supported the judgment. Allowing, however, their utmost force to the precedents there cited, they could serve only to prove, that, in the case of _words_, (to which alone, and not the case of a _written_ libel, the precedents extended,) such a special averment, according to the tenor of the words, had been used; but not that it was necessary, or that ever any plea had been rejected upon such an objection. As to the course of Parliament, resorted to for authority in this part of the protest, the argument seems rather to affirm than to deny the general proposition, that its own course, and not that of the inferior courts, had been the rule and law of Parliament. As to the objection, taken in the protest, drawn from natural right, the Lords knew, and it appears in the course of the proceeding, that the whole of the libel had been read at length, as appears from p. 655 to p. 666.[10] So that Dr. Sacheverell had _substantially_ the same benefit of anything which could be alleged in the extenuation or exculpation as if his libellous sermons had been entered _verbatim_ upon the recorded impeachment. It was adjudged sufficient to state the crime _generally_ in the impeachment. The libels were given _in evidence_; and it was not then thought of, that nothing should be given in evidence which was not specially charged in the impeachment. But whatever their reasons were, (great and grave they were, no doubt,) such as your Committee has stated it is the _judgment_ of the Peers on the Law of Parliament, as a part of the law of the land. It is the more forcible as concurring with the judgment in the 11th of Richard II., and with the total silence of the Rolls and Journals concerning any objection to pleading ever being suffered to vitiate an impeachment, or |
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