Let
the commons proceed with the utmost severity, but let them not deviate
from justice. If he has forfeited his fortune, his honours, or his life,
let them by a legal process be taken from him; but let it always be
considered, that he, like every other man, is to be allowed the common
methods of self-defence; that he is to stand or fall by the laws of his
country, and to retain the privileges of a Briton, till it shall appear
that he has forfeited them by his crimes.
To censure guilt, my lords, is undoubtedly necessary, and to inquire
into the conduct of men in power, incontestably just; but by the laws
both of heaven and earth, the means as well as the end are prescribed,
_rectum recte, legitimum legitime faciendum_; we must not only propose a
good end in our conduct, but must attain it by that method which equity
directs, and the law prescribes.
How well, my lords, the law has been observed hitherto, on this
occasion, I cannot but propose that your lordships should consider. It
is well known, that the commons cannot claim a right to administer an
oath, and therefore can only examine witnesses by simple
interrogatories. That they cannot confer upon a committee the power
which they have not themselves, is indubitably certain; and therefore it
is evident, that they have exceeded their privileges, and proceeded in
their inquiry by methods which the laws of this nation will not support.
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