inst another, without specifying the crime of which he is
accused, doubtless he would be considered by the laws of this nation, as
a violator of the rights of society, an open slanderer, and a disturber
of mankind; and would immediately, by an indictment or information, be
obliged to make satisfaction to the community which he had offended, or
to the person whom he had injured.

It has, my lords, I own, been asserted by the noble duke, that the
publick has a right to every man's evidence, a maxim which in its proper
sense cannot be denied. For it is undoubtedly true, that the publick has
a right to all the assistance of every individual; but it is, my lords,
upon such terms as have been established for the general advantage of
all; on such terms as the majority of each society has prescribed. But,
my lords, the majority of a society, which is the true definition of the
_publick,_ are equally obliged with the smaller number, or with
individuals, to the observation of justice, and cannot, therefore,
prescribe to different individuals different conditions. They cannot
decree that treatment to be just with regard to one which they allow to
be cruel with respect to another. The claims of the publick are founded,
first upon right, which is invariable; and next upon the law, which,
though mutable in its own nature, is, however, to be so far fixed, as
that every man may know his own condition, his own property, and his own
privileges, or it ceases in effect to be law, it ceases to be the rule
of government, or the measure of conduct.

In the present case, my lords, the publick has not a right to hire
evidence, because the publick has hitherto subsisted upon this
condition, among others, that no man shall swear in his own cause. The
publick has not a right to require from any man that he should betray
himself, because every man may plead that he is exempted from that
demand by the publick faith.

Thus, my lords, the right of the publick is only that right which the
publick has established by law, and confirmed by continual claims; nor
is the claim of the publick from individuals to be extended beyond its
known bounds, except in times of general distress, where a few must
necessarily suffer for the preservation of the rest.

This necessity is, indeed, now urged; but surely it ought to be shown,
that the present circumstances of affairs differ from those of any
former age, before it can with any propriety he asserted, that meas