Excerpt from Heads of Consideration on the Case of Mr. Ward That the passages now read are utterly inconsistent with the Articles, 850. It is true that the special passages are not mentioned in the proposed vote of degradation itself we are simply called on to affirm, that the said W. G. Wardhas disentitled himself to the rights and privileges conveyed by his degrees. But this second proposition must stand on the first, else it will be a sentence without specification of crime. And the first proposition again must stand on the alleged passages: for it were against all rules of judicial equity to bring in a verdict of guilty, not on the evidence adduced by the prosecutor, but on other supposed evidence, confined to our own breasts, and therefore impossible to be met and answered by the defendant. Plainly it will be our duty (as judges say to jurymen) to dismiss from our minds all extraneous matter, all that has not been both alleged and proved by those who prefer the charge. Should any Member of Convocation vote for Mr. Ward's degradation, upon any other ground than the very passages cited against him, he will be committing the same injustice, of which a jury would be guilty, who should convict a prisoner upon their own supposed knowledge of some other felonious act of his, not mentioned in the indictment.
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