[1] See the Judgment of the Judges, ordered by the House of Lords to be
printed, (and from which the quotations in this article have been made,)
read to the House of Lords by Lord Chief-Justice Tindal, on the 2d
September 1844.
[2] State Prosecutions, pp. 9, 10. No. CCCXXXIX. Vol. LV.
[3] Blackstone's Commentaries, vol. i. p. 302.
[4] Several distinct offences may undoubtedly be included, in as many
counts, in one indictment.
[5] Two of the defendants' (the two priests) names do not appear in the
record of the verdict, as one of them (Tyrrell) died before the trial,
and as to Tierney, the Attorney-General entered a _nolle prosequi_.
[6] _Comyn's Digest_, title _Pleader_, 3 B. 18.
[7] This is the proper expression. See _M'Queen's Practice of the House
of Lords,_ p. 256. "They are summoned _for their advice in point of
law_, and the greater dignity of the proceedings" of the
Lords.--(_Blackst, Comm._ p. 167.)
[8] 1 _Blackstone's Commentaries,_ p. 69.
[9] Opinions of the Judges, &c.--(Pp. 1-3.)
[10] Opinions of the Judges, p. 23.
[11] 3 _Blackstone's Commentaries_, p. 395.
[12] We quote from the edition of Lord Denman's judgment, sanctioned by
himself, and edited by D. Leahy, Esq., (one of the counsel in the
cause.)
[13] A "_demurrer_" is the mode by which any pleading, civil or
criminal, is denied to be (whether in form or substance) sufficient in
point of _law_; and a _plea_ is the mode by which is denied the _truth_
of the _facts_ which the pleading alleges.
[14] Opinions of the Judges, p. 19.
[15] Vol. I., pp. 68-9.
[16] Williams v. Germaine, 7 Bar. and Cress. 476.
[17] Opinions of the Judges, p. 17.
[18] Judgment, (by Leahy,) p. 36.
[19] Opinions of the Judges, p. 28.
[20] Judgment, &c., p. 43.
[21] Opinions of the Judges, p. 28.
[22] Lord Denman's judgment.
[23] Ditto.
[24] Ante.
[25] West's Symbolography, and Jacob's and Tomlin's Law.
[26] Opinions of the Judges, p. 29.
[27] 2 Bla. Comm. 169; and see Mr Christian's Note.