Your
Committee entered a protest on the minutes in favor of their right. Your
Committee contended, and do contend, that, by the Law of Parliament,
whilst the trial lasts, they have full right to call new evidence, as
the circumstances may afford and the posture of the cause may demand it.
This right seems to have been asserted by the Managers for the Commons
in the case of Lord Stafford, 32 Charles II.[77] The Managers in that
case claimed it as the right of the Commons to produce witnesses for the
purpose of fortifying their former evidence. Their claim was admitted by
the court. It is an adjudged case in the Law of Parliament. Your
Committee is well aware that the notorious perjury and infamy of the
witnesses in the trial of Lord Stafford has been used to throw a shade
of doubt and suspicion on all that was transacted on that occasion. But
there is no force in such an objection. Your Committee has no concern in
the defence of these witnesses, nor of the Lords who found their verdict
on such testimony, nor of the morality of those who produced it. Much
may be said to palliate errors on the part of the prosecutors and
judges, from the heat of the times, arising from the great interests
then agitated. But it is plain there may be perjury in witnesses, or
even conspiracy unjustly to prosecute, without the least doubt of the
legality and regularity of the proceedings in any part.
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