HC Deb 22 March 1819 vol 39 cc1116-7
Sir F. Burdett

presented a petition from John Thelwall, of Lincoln's Inn Fields, gentleman, setting forth,

"That the petitioner, in common with every subject of these realms, hath a vital interest, but he hath also a particular and personal reason for feeling and expressing that interest, in the inviolable preservation of so much of the ancient constitutional right of appeal as is connected with the security of the lives, limbs, and personal liberty of individuals, subjects of these realms, against the violence of abused power, whether civil or military, and in the precautions which that wise and salutary law has for many centuries most jealously preserved, for securing, even against the exertion of royal prerogative, the Just punishment of those who, instigated by the hopes of pardon, might otherwise be induced, in times of political division and party heats and animosities, by kidnapping, by maiming, or by murder, to execute a rigour, not only beyond the law, but in direct violation and defiance of all law, but which nevertheless might happen to be agreeable to a wicked administration; and the petitioner further showeth to the House, that the said law of appeal hath ever been held and declared, by the highest legal and constitutional authorities of this realm, and particularly by that most virtuous and upright judge, the lord chief justice Holt, (who for his firm integrity, and undeviating loyalty to the constitution, was, at the period of that glorious Revolution which prepared the way for the house of Brunswick to the throne, elevated to the presidency of the court of King's-bench), to be a noble privilege, and a true badge of English liberties, and that therefore the liberties of Englishmen, and the security of their lives, limbs, and personal freedom, would be essentially impaired by the total abolition of the said right of appeal; and the petitioner further showeth, that he believes himself capable, if called for such purpose to the bar of the House, and there examined (either upon oath or otherwise as to the House shall seem meet), to lay open a series of most iniquitous practices and conspiracies all tending to show the importance of this law, which iniquitous practices and conspiracies he believes himself also capable of still further proving and exposing, by the testimony of other credible and respectable witnesses, relative to the repeated attempts that have heretofore been made upon the life, limbs, and personal liberty of the petitioner; and from the reiteration and further perpetration of which, and the accomplishment of a formed design to murder the petitioner, or convey him forcibly beyond seas, there is reason to believe there would neither have been prevention nor means of redress, if the law of appeal had not been then in existence; and the petitioner therefore prays, that such parts of the ancient constitutional law of appeal, as have heretofore been regarded, and ought still to be regarded, as protective of the life, limb, and personal freedom of the subject, may not be revoked or abolished; and that the petitioner, and the subjects in general of these united realms, may still continue to enjoy, as their forefathers have enjoyed, the advantage of this sacred and venerable institution, which puts it out of the power even of royal prerogative, however instigated by a corrupt and tyrannical administration, effectually to shelter from due punishment the perpetrators of any murder, or similar atrocity, such as have been attempted upon the person of the petitioner, on any factious, political, or other pretence whatever; hereto the petitioner craves the particular attention of the House."

Ordered to lie on the table.