tre of
the great square, where your head will be severed from your body by the
public executioner, without benefit of clergy; after which your
remains are to be consigned to the public hospitals for the purposes of
dissection."
The words were scarcely out of Baron Longbeard's mouth, before both
the attorneys-general started up, to move the court in behalf of the
separate dignities of their respective principals. Mr. Attorney-General
of the crown prayed the court so far to amend its sentence, as to give
precedency to the punishment on account of the offence against the king;
and Mr. Attorney-General for the queen, to pray the court it would not
be so far forgetful of her majesty's rights and dignity, as to establish
a precedent so destructive of both. I caught a glimpse of hope glancing
about the eyes of my brother Downright, who, waiting just long enough
to let the two advocates warm themselves over these points of law, arose
and moved the court for a stay of execution, on the plea that neither
sentence was legal--that delivered by my lord chief-justice containing
a contradiction, inasmuch as it ordered the decaudization to take place
between THE HOURS OF SUNRISE AND SUNSET, and also FORTHWITH; and that
delivered by Baron Longbeard, on account of its ordering the body to
be given up to dissection, contrary to the law, which merely made that
provision in the case of condemned MONIKINS, the prisoner at the bar
being entirely of another species.
The court deemed all these objections serious, but decided on its own
incompetency to take cognizance of them. It was a question for the
twelve judges, who were now on the point of assembling, and to whom they
referred the whole affair on appeal. In the meantime, justice could not
be stayed. The prisoner must be carried out into the square, and matters
must proceed; but, should either of the points be finally determined
in his favor, he could have the benefit of it, so far as circumstances
would then allow. Hereupon the court rose, and the judges, counsel, and
clerks repaired in a body to the hall of the twelve judges.
CHAPTER XXI. BETTER AND BETTER--MORE LAW AND MORE JUSTICE--TAILS AND
HEADS: THE IMPORTANCE OF KEEPING EACH IN ITS PROPER PLACE.
Noah was incontinently transferred to the place of execution, where
I promised to meet him in time to receive his parting sigh, curiosity
inducing me first to learn the issue on the appeal. The brigadier told
me in confidence
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