t having at a certain period argued or observed upon
the prisoner's answer to the articles not insisted upon
is not conclusive; inasmuch as the record still stands,
and as our charge still stands. It was never abandoned;
and the defendant might have made a justification to it,
if he had thought fit: he never did think fit so to do.
If your Lordships think that we ought not to argue upon
it here in our reply, because we did not argue upon it
before,--well and good; but we have argued and do argue
in our reply many things to which he never gave any
answer at all. I shall beg leave, if your Lordships
please, to retire with my fellow Managers for a moment,
to consult whether we shall press this point or not. We
shall not detain your Lordships many minutes.

(_The Managers withdrew: in a few minutes the Managers
returned, again into the Hall._)

_Mr. Burke._ My Lords, the Managers have consulted among
themselves upon this business; they first referred to
your printed proceedings, in order to see the particular
circumstance on which the observation of your Lordship
is founded; we find it thus stated:--"Then the Managers
for the Commons informed the Lords, that, saving to
themselves their undoubted rights and privileges, the
Commons were content to rest their charge here." We
rested our charge there, not because we meant to efface
any precedent matter of the charge which had been made
by us, and of which the facts had been admitted by the
defendant, but, simply saving our rights and privileges,
that is, to resume, (and to make new matter, if we
thought fit,) the Commons were content to rest the
charge there.

I have further to remark to your Lordships, that the
counsel for the defendant have opened a vast variety of
matter that is not upon record, either on our part or on
theirs, in order to illustrate and to support their
cause; and they have spoken day after day upon the
principles on which their defence was made. My great
object now is an examination of those principles, and to
illustrate the effects of these principles by examples
which are not the less cogent, the less weighty, and the
less known, because they are articles in this charge.
Most assuredly they are not. If your Lordships recollect
the speeches that were made here, you know that great