Thereupon they severally,
upon their knees, prayed the benefit of the act, and that they might
have their lives and liberty pursuant thereunto. And the
Attorney-General, who then attended for that purpose, declaring that he
had no objection on his Majesty's behalf to what was prayed, conceiving
that those lords, not having made any escape since their conviction,
were entitled to the benefit of the act, the House, after reading the
clause in the act relating to that matter,[93] agreed that they should
be allowed the benefit of the pardon, as to their lives and liberties,
and discharged their recognizances, and gave them leave to depart
without further day given for their appearance. On the 6th of December
following, the like proceedings were had, and the like orders made, in
the case of Lord Nairn.[94]
I observe that the Lord Chancellor did not ask these lords what they had
to say why execution should not be awarded. There was, it is probable,
some little delicacy as to that point. But since the allowance of the
benefit of the act, as to life and liberty, which was all that was
prayed, was an effectual bar to any future imprisonment on that account,
and also to execution, and might have been pleaded as such in any court
whatsoever, the whole proceeding must be admitted to have been in a
court having complete jurisdiction in the case, notwithstanding the High
Steward's commission had been long dissolved,--which is all the use I
intended to make of this case.
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