HL Deb 13 March 1809 vol 6 c427

Lord Auckland called the attention of their lordships to the further article of Impeachment against lord Melville, with respect to which, he said, the first impression of his mind was, that it ought to be received. He was glad that the house had afterwards referred it to the committee appointed to search for precedents of their lordships' proceedings in cases of Impeachment, as much information was in consequence derived from the committee on the subject. He would not now trouble the house with reading the report of the committee, but should merely refer to three cases which were analogous to the present. The 1st was the case of lord Stafford; the 2d that of the lord mayor of London, in 1643, who, after putting in an answer to articles of Impeachment, also pleaded to further articles, winch were subsequently sent up from the commons; the 3d case was that of lord Danby, in which it was expressly stated, that time should be allowed him to plead to the articles of impeachment preferred against him, or to any further article which might be presented. It was, therefore clear that the principle of calling upon persons impeached to answer to any further articles of impeachment which might be sent up from the commons, was recognized by precedent. As to what would have been the effect if lord Melville had entered a special plea to the articles first presented, whether he could then be called upon to answer a further article, he would not discuss the question, it not being before the house, the plea of that noble lord having been a general one of " not guilty.' In the motion, however, which he intended to make, he wished to give lord Melville the opportunity of either demurring to the further article, of withdrawing his general plea and pleading specially, or of pleading generally to the further article. He concluded by moving, "that a copy of the further article of impeachment be communicated to lord Melville, and that he do put in his answer to the same on to-morrow fortnight."—Ordered. The further article was also ordered to be printed.