[The History of England in Three Volumes, Vol.II. by Tobias Smollett]@TWC D-Link bookThe History of England in Three Volumes, Vol.II. CHAPTER V 117/145
All bills of attainder have passed against persons that were dead or fled, or without the compass of the law: some have been brought in after trials in Westminster-hall; but none of those have been called trials, and they were generally reversed. He denied that the parliament had power to declare anything treason which was not treason before.
When inferior courts were dubious, the case might be brought before parliament to judge whether it be treason or felony; but then they must judge by the laws in being, and this judgment was not in the parliament by bill but only in the house of lords.
Lord Digby, Mr.Harley, and colonel Granville, spoke to the same purpose.
But their arguments and remonstrances had no effect upon the majority, by whom the prisoner was devoted to destruction.
The bill was committed, passed, and sent up to the house of lords, where it produced the longest and warmest debates which had been known since the Restoration.
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