between the premier peer and the humblest
day labourer. The clause which establishes a time of limitation for
prosecutions protects us all alike. To every Englishman accused of
the highest crime against the state, whatever be his rank, we give the
privilege of seeing his indictment, the privilege of being defended
by counsel, the privilege of having his witnesses summoned by writ of
subpoena and sworn on the Holy Gospels. Such is the bill which we sent
up to your Lordships; and you return it to us with a clause of which the
effect is to give certain advantages to your noble order at the expense
of the ancient prerogatives of the Crown. Surely before we consent to
take away from the King any power which his predecessors have possessed
for ages, and to give it to your Lordships, we ought to be satisfied
that you are more likely to use it well than he. Something we must risk;
somebody we must trust; and; since we are forced, much against our will,
to institute what is necessarily an invidious comparison, we must own
ourselves unable to discover any reason for believing that a prince is
less to be trusted than an aristocracy.
"Is it reasonable, you ask, that you should be tried for your lives
before a few members of your House, selected by the Crown? Is it
reasonable, we ask in our turn, that you should have the privilege of
being tried by all the members of your House, that is to say, by your
brothers, your uncles, your first cousins, your second cousins, your
fathers in law, your brothers in law, your most intimate friends? You
marry so much into each other's families, you live so much in each
other's society, that there is scarcely a nobleman who is not connected
by consanguinity or affinity with several others, and who is not on
terms of friendship with several more. There have been great men
whose death put a third or fourth part of the baronage of England into
mourning. Nor is there much danger that even those peers who may be
unconnected with an accused lord will be disposed to send him to the
block if they can with decency say 'Not Guilty, upon my honour.' For
the ignominious death of a single member of a small aristocratical body
necessarily leaves a stain on the reputation of his fellows. If, indeed,
your Lordships proposed that every one of your body should be compelled
to attend and vote, the Crown might have some chance of obtaining
justice against a guilty peer, however strongly connected. But you
propose th
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