They went upon the question Lord Notingham had ask't the Judges in Westminster Hall, wch was whether by the laws of England in all indictments and charges the very words that are said to be criminal ought to be in the indictment or charge. All the Eleven Judges declared thier opinion that by the Law of England the very word shou'd be exprest, but Lord Sommers and Lord Chancelor and Lord Hallifax, answered all th' other lords objections so clarely that Mr. Lechmore and S"^ Joseph jekel* that were next me concluded the Drs. business done, for they carry'd the matter so as to have this question put that in the judgement they wou'd give of the Dr. they wou'd be guided or the rule they wou'd go by shou'd be by the Laws of England and the Laws and usuages of Parliament. There was some strugle to have the words
Laws and Usuages of P left out for they came at last to
own that the laws and Usuages of P were the Laws of
of England, but the question was put with those words, and carry'd with out any divission. Then Lord Treasurer mov'd
that the clerks shou'd make out extracts of the books of P
of Paralel cases, against munday and so to adjourn till that day, wch was readily agreed to. Lord Wharton said in the Debate the question that had been askt the judges, and some lords seem'd to lay such a stress upon, was nothing at all to the purpose, for it only respected tryals in the courts below, and if any question had been askt the judges as to the Laws of
P he did declare that none of the judges wou'd dared to
have answered it. Lords Sommer and Hallifax, produced the treason act made in the of^ of K. W. as an Act of the greatest benefitt to the subject, and even in that act there was a Saving clause, that not withstanding any thing therein, the rules and customes of impeachments shou'd be in full force. The Scotch Lords and some reputed Whig Lords knew how to make their court, that tho' they let it be carry'd that the commons had made out their charges yet when it come to the punishment they carry'd it to be very slite.
If you were plenipotentiary your ten pound a day wou'd
- Nicholas Lechmore sat for Cockertnouth, and Sir Joseph Jekyll
afterwards Master of the Rolls, for Eye.
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