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Updated: October 28, 2025
The law-officers of the Crown denied the validity of these documents, which emanated from the most suspicious sources some being forwarded by a noted Parisian fortune-teller, called Madlle le Normand; and after Mr.
The merciful spirit in which the prosecutions were conducted by the law-officers of the Crown, was repeatedly pointed out to the misguided criminals by the Judges; who, on many occasions, intimated that the Government had chosen to indict for the minor offence only, when the facts would have undoubtedly warranted an indictment for high treason, with all its terrible consequences.
Lord Normanby's jail deliveries, and the arrangements of his law-officers in regard to the formation of the juries, laid the foundation of the system of terror.
He reserved his decision until advice could be had from the law-officers of the crown in London; and when next term he was instructed by them to grant the writs, this result added fresh impetus to the spirit that Otis's eloquence had aroused. The custom-house officers, armed with their writs, began breaking into warehouses and seizing goods which were said to have been smuggled.
I entertain no doubt of being able to succeed entirely even to the point of having the whole transaction remain unknown and unsuspected by the world. It is so entirely as yet, with the exception of one or two law-officers whose silence I have means of procuring. "May I confess that I am not entirely disinterested? May the selfishness of human nature ask its reward, and own its moving spring?
The law-officers of the Crown were immediately instructed to prosecute the ministers who had attended, and fourteen of them were tried and sentenced to imprisonment two of them, Forbes the Moderator and John Welch, Knox's son-in-law, being sent to Blackness. Six of them having declined the jurisdiction of the Council, were tried for high treason by a packed jury, and found guilty by a majority.
By every possible device, by demurrers and inconsistent pleas, delays were interposed; and though Mr O'Connell withdrew a former plea of not guilty, and pleaded guilty to the counts to which he had at first demurred though Mr Stanley, in the House of Commons, in reply to a question put by the Marquis of Chandos, emphatically declared, that it was impossible for the Irish government, consistently with their dignity as a government, to enter into any negotiation implying the remotest compromise with the defendants and that it was the unalterable determination of the law-officers of Ireland to let the law take its course against Mr O'Connell and that, let him act as he pleased, judgment would be passed against him still, in spite of this determination of the government, so emphatically announced by the Irish Secretary, the statute on which the proceedings were founded was actually suffered to expire, without any previous steps having been taken against the state delinquents.
For though the merit of the trials, or second stage, must also belong to Government, so far as regards the resolution to adopt this course, and the general principle of their movement; yet in the particular conduct of their parts, these trials naturally devolved upon the law-officers. In the admirable balance of firmness and forbearance it is hardly possible to imagine the minister exceeded.
But does it apply to the present case? Is it true that in the time of James the First it was the established practice for the law-officers of the Crown to hold private consultations with the judges, touching capital cases which those judges were afterwards to try? Certainly not. In the very page in which Mr.
At one of his first dinners to the judges and higher law-officers he found himself unable to see any wit, or perhaps any meaning, in Toler's jests, and turning to another barrister, Mr. Garrat O'Farrell, he said that he believed his name and family were very numerous and reputable in the county of Wicklow, as he had met several of them in his late tour there.
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