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question , that the person shall stand committed till he recant , or till the Parliament take further course for his more exemplary punishment , and this may happily give more satisfaction , as well within doors as without . "—Pp . 128—131 . l r
The numbers being 96 to 82 against the greater or capital punishment , a great deal of discussion follows as to the various merits of whipping , pillory , tongue ^ slitting , ear-boring , &c , which ends in a happy combination of pillory , whipping , pillory again , tongue-boring , branding , riding on a horse bare ridged , whipping again , solitary imprisonment and hard labour . It was only by compounding in this manner that the merciful party in the House succeeded in saving the poor man ' s life .
A debate ensues as to whether the prisoner should be allowed to speak before hearing this sentence . The Lord Chief Justice as a lawyer thought this by no means prudent , " If you proceed as a Judicatory , ( as it seems you have implicitly voted it , ) you must ask him what he can say wh y judgment ought not to be passed against him . It is so in all courts of judicature . Admit that he , or the devil within him should say , by what authority do you pass this judgment ? What can you say then ? Though you have the authority of the House of Lords
united to you , yet they would never proceed in a judicial way , but according to the Jaw . I never knew them do otherwise . This is a new case before you , and it will be a precedent . "—P . 163 . ** Major-General Boteler . If it had been in the case of death , I confess I should have given him all the liberty that might be to speak for himself But in the lesser punishment , you need not put an excuse in his mouth . " - ^
P . 164 . " Judge ^ AHvocate Whalley . I hope , if this person should come and recent , you would accept it , more than all jjour judgments uppn him , and \\ will answer more your ends . Jjis reformation , I suppose , 13 the end of pu- > nishment . If you be satisfied in that , you need not sentence him . I desire he may be heard . "—P . 166 .
The prisoner being called , what took p lace is thus reported : " Mr . Speaker [ Widdr ' mgton ] . Now ten or eleven days have bee , n spent in the debating your crimes , which ^ re heinous . You hav ^ troubled the countries up and down , and now you have troubled the Parliament . Yet , in your sentence , mercy is mixed with judgment . It Is a sentence , not of death . They desire your reformation rather Jhan destruction ,
€ C Navler offered two or three times to speak , and to say he desired to know what his crimes were . He knew noue . But the Speaker proceeded to pronounce the sentence , and Nayler said , as he went out— ' God has givem me a body ; I shall willingly endure it ; ' or , * I hope I shall endure it ; ' or , ' that God will , I hope , give me a spirit to endure it : ' I did not well hear : and qaid further , ' The Lord lay not these things to your charge . I shall pray heartily that he may not ; ' or , ' I shall pray fpr you . ' "
" Sir John Reynolds and others said afterwards , it was hard he should not be heard out , and he doubted some were afraid that he should recant . He , doubted thpt was not so charitable . " —JP p * 166 , 1 67-The House , however , had not done with the business . Repeated discus-, sions took p lace as to the remission of parts of the sentence . On the 23 d of December a petition being tendered , tjie petitioner ^ wejoe , \> y 4 xnajority o 91 to 90 , prperecj tp ^ e edited .
* The petitioners were called in , to the number of thirty . One of them made a short speech : ' They are but a few in number that signed the . petition ; but such persons as have done very faithful service , ana have honest
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Review . —Burton ' s Diafa / . 391
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Citation
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Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), June 2, 1828, page 391, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/mruc/issues/vm2-ncseproduct2561/page/31/
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