The Works of the Right Honorable Edmund Burke

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: criminal proceeding, without certain supplemental powers derived from the Crown. These cases, with the observations I have made on them, I hope sufficiently warrant the opinion of the Judges upon that part of the second question, in the case of the late Earl Ferrers, which I have already mentioned, ? and also what was advanced by the Lord Chief-Baron in his argument on that question, ? That, though the office of High Steward should happen to determine before execution done according to the judgment, yet the Court of the Peers in Parliament, where that judgment was given, would subsist for all the purposes of justice during the sitting of the Parliament, and consequently, that, in the case supposed by the question, that court might appoint a new day for the execution. No. II. Questions referred by the Lords to the Judges, in the Impeachment of Warren Hastings, Esquire, and the Answers of the Judges. ? Extracted from the Lords' Journals and Minutes. First. Question. ? Whether, when a witness produced and examined in a criminal proceeding by a prosecutor disclaims all knowledge of any matter so interrogated, it be competent for such prosecutor to pursue such examination, by proposing a question containing the particulars of an answer supposed tohave been made by such witness before a committee of the House of Commons, or in any other place, and by demanding of him whether the particulars so suggested were not the answer he had so made ? 1788, February 29. ? Pa. 418. Answer. ? The Lord Chief-Baron of the Court of Exchequer delivered the unanimous opinion of the Judges upon the question of law put to them on Friday, the 29th of February last, as follows: ? That, when a witness produced and examined in a criminal proceeding by a prosecutor disclaims all knowled...