own forms of justice, ought to incite us to the prevention of any
innovation in the methods of prosecuting offenders.
For my own part, my lords, I cannot approve either the principles or
form of the bill. I think it necessary to proceed by known precedents,
when there is no immediate danger that requires extraordinary measures,
of which I am far from being convinced that they are necessary on the
present occasion. I think that the certainty of a crime ought to precede
the prosecution of a criminal, and I see that there is, in the present
case, no crime attempted to be proved. The commons have, in my opinion,
already exceeded their privileges, and I would not willingly confirm
their new claims. For these reasons, my lords, I openly declare, that I
cannot agree to the bill's being read a second time.
Lord TALBOT spoke next, to this effect:--My lords, so high is my
veneration for this great assembly, that it is never without the utmost
efforts of resolution that I can prevail upon myself to give my
sentiments upon any question that is the subject of debate, however
strong may be my conviction, or however ardent my zeal.
But in a very particular degree do I distrust my own abilities, when I
find my opinion contrary to that of the noble lord who has now spoken;
and it is no common perplexity to be reduced to the difficult choice of
either suppressing my thoughts, or exposing them to so disadvantageous a
contrast.
Yet, since such is my present state, that I cannot avoid a declaration
of my thoughts on this question, without being condemned in my own
breast as a deserter of my country, nor utter them without the danger of
becoming contemptible in the eyes of your lordships; I will, however,
follow my conscience, rather than my interest; and though I should lose
any part of my little reputation, I shall find an ample recompense from
the consciousness that I lost it in the discharge of my duty, on an
occasion which requires from every good man the hazard of his life.
The arguments of the noble lord have had upon me an effect which they
never, perhaps, produced on any part of his audience before; they have
confirmed me in the contrary opinion to that which he has endeavoured to
maintain. It has been remarked, that in some encounters, not to be put
to flight is to obtain the victory; and, in a controversy with the noble
lord, not to be convinced by him, is to receive a sufficient proof that
the cause in which he is engage
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