These, my lords, are the evident consequences of the address moved for by the noble lord; and, if such consequences are not penal, it will be no longer in our power to enforce our laws by sanctions of terrour.

To condemn a man unheard, is an open and flagrant violation of the first law of justice, but it is still a wider deviation from it to punish a man unaccused; no crime has been charged upon this gentleman proportioned to the penalty proposed by the motion, and the charge that has been produced is destitute of proof.

Let us, therefore, my lords, reverence the great laws of reason and justice, let us preserve our high character and prerogative of judges, without descending to the low province of accusers and executioners; let us so far regard our reputation, our liberty, and our posterity, as to reject the motion.

[Several other lords spoke in this debate, which lasted eleven hours; at length the question was put, and, on a division, carried in the negative.  Content, 59.  Not content, 108.]

After the determination of the foregoing question, the duke of MARLBOROUGH rose up, and spoke as follows:—­My lords, though your patience must undoubtedly be wearied by the unusual length of this day’s debate, a debate protracted, in my opinion, not by the difficulty of the question, but by the obstinacy of prejudice, the ardour of passion, and the desire of victory; yet, I doubt not but the regard which this assembly has always paid to the safety and happiness of the state, will incline you to support the fatigue of attention a little longer, and to hear with your usual impartiality another motion.

The proposition which I am about to lay down, my lords, is not such as can admit of controversy; it is such a standing principle as was always acknowledged, even by those who have deviated from it.  Such a known truth as never was denied, though it appears sometimes to have been forgotten.

But, my lords, as it never can be forgotten, without injury to particular persons, and danger to the state in general, it cannot be too frequently recollected, or too firmly established; it ought not only to be tacitly admitted, but publickly declared, since no man’s fortune, liberty, or life, can be safe, where his judges shall think themselves at liberty to act upon any other principle.  I therefore move, “That any attempt to inflict any kind of punishment on any person without allowing him an opportunity to make his defence, or without any proof of any crime or misdemeanour committed by him, is contrary to natural justice, the fundamental laws of this realm, and the ancient established usage of the senate, and is a high infringement of the liberties of the subject.”

He was seconded by the duke of DEVONSHIRE:—­My lords, though the motion made by the noble duke is of such a kind, that no opposition can be expected or feared, yet I rise up to second it, lest it should be imagined that what cannot be rejected is yet unwillingly admitted.