but if punishment
be now to be understood as implying the same idea which has hitherto
been conveyed by it, it will not be easy to show that a man thus
publickly censured is not severely punished, and, if his crimes are not
clearly proved, punished in opposition to law, to reason, and to
justice.

It has been hitherto imagined, my lords, that no punishment is heavier
than that of infamy; and shame has, by generous minds, been avoided at
the hazard of every other misery. That such a censure as is proposed by
the motion, must irreparably destroy the reputation of the person
against whom it is directed, that it must confirm the reports of his
enemies, impair the esteem of his friends, mark him out to all Europe as
unworthy of his sovereign's favour, and represent him to latest
posterity as an enemy to his country, is indisputably certain.

These, my lords, are the evident consequences of the address moved for
by the noble lord; and, if such consequences are not penal, it will be
no longer in our power to enforce our laws by sanctions of terrour.

To condemn a man unheard, is an open and flagrant violation of the first
law of justice, but it is still a wider deviation from it to punish a
man unaccused; no crime has been charged upon this gentleman
proportioned to the penalty proposed by the motion, and the charge that
has been produced is destitute of proof.

Let us, therefore, my lords, reverence the great laws of reason and
justice, let us preserve our high character and prerogative of judges,
without descending to the low province of accusers and executioners; let
us so far regard our reputation, our liberty, and our posterity, as to
reject the motion.

[Several other lords spoke in this debate, which lasted eleven hours; at
length the question was put, and, on a division, carried in the
negative. Content, 59. Not content, 108.]

After the determination of the foregoing question, the duke of
MARLBOROUGH rose up, and spoke as follows:--My lords, though your
patience must undoubtedly be wearied by the unusual length of this day's
debate, a debate protracted, in my opinion, not by the difficulty of the
question, but by the obstinacy of prejudice, the ardour of passion, and
the desire of victory; yet, I doubt not but the regard which this
assembly has always paid to the safety and happiness of the state, will
incline you to support the fatigue of attention a little longer, and to
hear with your usual impartiality anot