"Supposing a peer, so indicted and convicted, ought by law to receive
such judgment as aforesaid, and the day appointed by the judgment for
execution should lapse before such execution done, whether a new time
may be appointed for the execution, and by whom?"
On the 18th, the House then sitting in the Chamber of Parliament, the
Lord Chief Baron, in the absence of the Chief-Justice of the Common
Pleas, delivered in writing the opinion of the Judges, which they had
agreed on and reduced into form that morning. His Lordship added many
weighty reasons in support of the opinion, which he urged with great
strength and propriety, and delivered with a becoming dignity.
_To the Second Question._
"Supposing the day appointed by the judgment for execution should lapse
before such execution done, (which, however, the law will not presume,)
we are all of opinion that a new time may be appointed for the
execution, either by the High Court of Parliament, before which such
peer shall have been attainted, or by the Court of King's Bench, the
Parliament not then sitting: the record of the attainder being properly
removed into that court."
The reasons upon which the Judges founded their answer to the question
relating to the further proceedings of the House after the High
Steward's commission dissolved, which is usually done upon pronouncing
judgment, may possibly require some further discussion.
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