t, my lords, in their own right administer an oath, they
apparently confess, by the practice of calling in, on that occasion, a
justice of the peace, who, as soon as he has performed his office, is
expected to retire. This, my lords, is an evident elusion; for it is
always intended, that he who gives an oath, gives it in consequence of
his right to take the examination; but in this case the witness takes an
oath, _coram non judice_, before a magistrate that has no power to
interrogate him, and is interrogated by those who have no right to
require his oath.

Such, my lords, is my opinion of the conduct of the committee of the
house of commons, of whom I cannot but conclude that they have assumed a
right which the constitution of our government confers only on your
lordships, as a house of senate, a court of judicature; and therefore
cannot think it prudent to confirm their proceedings by an approbation
of this bill.

The commons may indeed imagine that the present state of affairs makes
it necessary to proceed by extraordinary methods; they may believe that
the nation will not be satisfied without a discovery of those frauds
which have been so long practised, and the punishment of those men by
whom they have so long thought themselves betrayed and oppressed; but
let us consider, that clamour is not evidence, and that we ought not
either to recede from justice, or from our own rights, to satisfy the
expectations of the people.

To remonstrate against this invasion of our privileges, my lords, might
be at this juncture improper; the dispute might, in this time of
commotion and vicissitude, distract the attention of those to whom the
publick affairs are committed, retard the business of the nation, and
give our enemies those advantages which they can never hope from their
own courage, or policy, or strength. It may, therefore, be prudent on
this occasion, only not to admit the right which they have assumed, to
satisfy ourselves with retaining our privileges, without requiring any
farther confirmation of them, and only defeat the invasion of them by
rejecting the bill, which is, indeed, of such a kind, as cannot be
confirmed without hazarding not only our own rights, but those of every
Briton.

For here is a species of testimony invited, which is hitherto unknown to
our law, and from which it may be difficult to tell who can be secure;
the witnesses are required to disclose all matters relating to the
conduct of _lord O