From thence it will inevitably follow, that where the
circumstances of any transaction are such, that the principles of that
law by which it is cognizable are opposite to each other, some
expedients may be found by which these circumstances may be altered.
Otherwise a subtle or powerful delinquent will always find shelter in
ambiguities, and the law will remain inactive, like a balance loaded
equally on each side.
On the present occasion, my lords, I pronounce with the utmost
confidence, as a maxim of indubitable certainty, _that the publick has a
claim to every man's evidence_, and that no man can plead exemption from
this duty to his country. But those whom false gratitude, or contracted
notions of their own interest, or fear of being entangled in the snares
of examination, prompt to disappoint the justice of the publick, urge
with equal vehemence, and, indeed, with equal truth, that _no man is
obliged to accuse himself_, and that the constitution of Britain allows
no man's evidence to be extorted from him to his own destruction.
Thus, my lords, two of the first principles of the British law, though
maxims equally important, equally certain, and equally to be preserved
from the least appearance of violation, are contradictory to each other,
and neither can be obeyed, because neither can be infringed.
Pages:
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153