JOHN THOROGOOD. (Hansard, 25 July 1840)

§ Dr. Nicholl

wished to take that opportunity of saying a word on a subject which was under the consideration of the House last evening. He alluded to the discussion on the case of John Thorogood. He was not present during that discussion, but from accounts which he had seen of what was said, he apprehended that there was a very great misapprehension as to the power supposed to exist of ordering the release of that individual. It had been said that the churchwardens could, by adopting a particular course, procure his liberation from prison. This was an error. The churchwardens had no such power; nor was any such power vested in any judge, or court, or body of men. A reference to the words of the Act of Parliament would put it beyond doubt that there was no authority which could order Thorogood's release save that of an act of Parliament. He felt it necessary to say thus much, because, as the opinions to which he referred had gone forth to the public, they might raise expectations in the mind of that unfortunate individual which could never be realized; for it was certain that if he were brought before his right hon. and learned Friend, the Member for the Tower Hamlets (Dr. Lushington) in his capacity as judge of the Consistorial Court, his learned Friend would at once declare that he had no power to order the release unless Thorogood appeared and submitted. The words of the act were, he repeated, so precise, that no authority but that of another act of the Legislature could authorize his discharge.