ay presenting his petition,
expressing his sorrow for the offence, whereby he had justly incurred
the displeasure of the house, and praying to be discharged, he was
brought to the bar on the following day, received a reprimand on his
knees, and was ordered to be discharged, paying his fees.]
On the 12th, lord BARRINGTON presented a petition from the printer of
the daily paper, expressing his sorrow, promising all possible care not
to offend for the future, and praying to be discharged.
This petition being read, a motion was made, that the serjeant at arms
do carry the petitioner to some court of law, to give security for his
appearance to the prosecution to be carried on against him by the
attorney general; which done, that he be discharged, paying his fees.
Sir William YONGE spoke to this effect:--Sir, I know not for what reason
this enormous offender is entitled to so much regard, or by what
interest he has engaged so many, who, I doubt not, abhor his crimes, to
pity his sufferings.
Had he been young and unexperienced, and seduced into the commission of
this offence by artifice or persuasion, his act might have been
reasonably considered rather as an errour than a crime, and it might
have been proper to treat with lenity a delinquent neither obstinate nor
malicious.
But how, sir, can this plea be urged in favour of a man, whose daily
employment it has been, for these two years past, to misrepresent the
public measures, to disperse scandal, and excite rebellion, who has
industriously propagated every murmur of discontent, and preserved every
whisper of malevolence from perishing in the birth.
The proper judge, sir, of this affair, is his majesty's attorney
general, who is not now in the house. I am, therefore, for detaining him
in custody, and for referring the consideration of farther proceedings
against him to that gentleman, whose proper province it is to prosecute
for the crown.
Mr. WALLER spoke next, to the following purpose:--Sir, it is
undoubtedly the duty of every man to oppose the introduction of new
laws, and methods of oppression and severity, which our constitution
does not admit; and what else is the mention of a prisoner's character
as an aggravation of his present offence?
It is well known, and has been already asserted, upon this occasion,
that in the lower courts of justice, though the prisoner may plead his
character, in his own defence, his prosecutor is not at liberty to
produce it
|