This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1744. Excerpt: ... a Case of great Difficulty; and as soon as Fitz-Harris had pleaded, and the Attorney-General had demurred to it, the Court ordered the Prisoner to join in Demurrer immediately. Mr. Hunger)"ord. Mv Lord, I beg Leave to set a Matter of Fact right, as to the Cafe of FitZ-Harris, which was mentioned as an Authority against us, but inTruth is not so; for though Fitz-Harns'sCounsel did join in Demurrer immediately, yet that was not by the Coercion of the Court, but they voluntarily offered to join in Demurrer upon an Opinion, as I presume, of their own great Abilities and Self-Sufficiency in the Matter: But we have not that Opinion of our Extempore Performances, but desire Time to consider of this Matter. In my Lord Pre/Io»,s Cafe, 'tis true,-the Court would not give him Leave to fend for his Letters Patent; because, as my Lord had opened it, they were dated at St. Germains, and granted by King "James there, after his Abdication; and it would have been the highest Indignity, both to the Court and the Government, to have such Letters Patent pleaded or insisted on; which, if allowed, would have imply'd, that the Government was not well settled on their Majesties King William and Queen Mary; and that Kingjawe/, though at St. Germains, had a Right to create Peers, and consequently was really King. And though it hath been said we are ty'd down by our Plea, I believe there are Instances, even in a Criminal Cafe, where a Plea hath been amended. I believe it was so done in the Case of my Lord Banbury, which was a Plea to the Jurisdiction of the Court. My Lord we shall desire but a very little Time; which I hope will be granted us. Mr. Kettlebey. In Fitz-Harris's Case the Plea Vol. vi. p. 241. was amended. The first Time it was brought in by himself to the Bar; and...
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