the proofs of anything in their
charge which is fully and in terms admitted. The proofs
which they have produced to your Lordships were upon
matters which were contested; but here the facts are
admitted in the fullest manner. We neither have
abandoned them, intended to abandon them, or ever shall
abandon them; we have made them, as a charge, upon
record; the answers to them have been recorded, which
answers are complete admissions of every fact in the
charge.
_Lord Chancellor._ I do not make myself understood. The
objection is not that there has not been evidence given
upon the 17th article, but at the close of the case on
the part of the Managers for the House of Commons no
mention having been made of the matter contained in the
17th article, that therefore, although it may all have
been admitted by the answer to be true, yet in justice,
if from that answer you ground the charge, it is
necessary the defendant should be heard upon it.
_Mr. Burke._ If your Lordships choose that the defendant
shall be heard upon it, we have no kind of objection,
nor ever had, or proposed an objection to the defendant
being heard upon it. Your Lordships know that the
defendant's counsel value themselves upon having
abandoned their defence against certain parts of the
charge; your Lordships know that they declared that they
broke off thus in the middle of their defence in order
to expedite this business.
_Lord Chancellor._ Referring to the proceedings, I think
it a matter perfectly clear, that, in the course of the
charge, after certain articles had been gone through,
the Managers for the Commons closed the case there,
leaving therefore all the other articles, excepting
those that had been discussed, as matters standing with
the answers against them, but not insisted upon in
making out the charge. Of course, therefore, if the
defendant had gone into any of those articles, the
defendant must have been stopped upon them, because he
would then have been making a case in defence to that
which had not been made a case in the prosecution. The
objection, therefore, is not at all that no evidence has
been examined. To be sure, it would be an answer to that
to say, you are now proceeding upon an admission; but
even upon those facts that are admitted, (if the facts
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