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L. H. J.
Liber No. 54
Nov.30
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on the Principle that, to you belongs the Authority of punishing any
Deviation from the Line of your Opinion; That if a precise Rule
had been regularly preordained by the Law, an Offence against it
ought to be prosecuted in a legal ordinary Judicatory; That a Prose-
cution and Punishment in a different Course are highly oppressive
to the Subject affected thereby; That in the ordinary regular Ad-
ministration of Justice our Polity has applied various excellent Pre-
cautions for the Protection of the Subject against Injury, which
would be lost, if your House were suffered to execute the Powers you
had assumed: for in the ordinary legal Course of Proceeding, the
Fact is triable by Jury; the Party charged is not bound to disclose
what may expose him to Penalty; the Jury are sworn, and as far as
the Impression of Religion, and a Sense of Justice can influence, a
just and impartial Determination may be expected. If there be reason-
able Cause to suspect of Partiality any called to serve on the Jury,
a Right to challenge is conferred; if the Jury corruptly render an
injurious Verdict, they are liable to Punishment; if mistaken, the
Consequence of their ffallibility may, often be controuled by the Dis-
cernment of a second Jury; as the Jury are punishable, so are the
Witnesses if perjured: The ffact is tried in one Way, the Law de-
termined in another; As these [sic] are Provisions to guard against
the Injuries of corrupt, and mistaken Verdicts, so are there, against
the Oppression of partial, and erroneous Judgments. Judges are
upon Oath to do equal Right, and Justice to all Persons; They are
punishable for Corruption; their Decisions are not conclusive, in the
first Instance, but are subject to Revision, for which important
Purpose, a Gradation of Jurisdiction is appointed; the Party is not
liable to be harrassed by a second Prosecution for the same Matter.
As these Guards and Securities are of such admirable Efficacy in
protecting the Property, Reputation and personal Liberty of the
Subject, and to which every Subject (whether in or out of Office) is
as well intitled, as any, so ought they be zealously, and firmly main-
tained, and if the Measure proper for their Defence, should, occa-
sionally, suspend the Transaction of other Affairs, for a much
longer Term than for a Day, or Two, the comparatively insignifi-
cant Interruption would not deserve a Moment's Deliberation; That
these Guards and Securities so essential to the Stability of Prop-
erty, and the personal Liberty of the People, upon which so
great, and invaluable Interests depend, would become precarious,
indeed, if through the Acquiescence, or Inattention of Government
your House should be permitted to assume, and exercise the Power
you claimed. You are not sworn to determine according to Evidence;
to do equal Right and Justice to all Men indiscriminately. The Wit-
nesses examined before you, in a Case of this Nature, would be
liable to no Prosecution, if perjured. There would be no distinct
Cognizance of ffact, and Law; no Challenge allowed to prevent Par-
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