this occasion to have put forth all their powers.
Conspicuous among them was Charles Montague, who was
rapidly attaining a foremost rank among the orators
of that age. To him the lead seems on this occasion
to have been left; and to his pen we owe an account
of the discussion, which gives a very high notion
of his talents for debate. “We have framed”—such
was in substance his reasoning,—“we
have framed a law which has in it nothing exclusive,
a law which will be a blessing to every class, from
the highest to the lowest. The new securities,
which we propose to give to innocence oppressed by
power, are common between the premier peer and the
humblest day labourer. The clause which establishes
a time of limitation for prosecutions protects us
all alike. To every Englishman accused of the
highest crime against the state, whatever be his rank,
we give the privilege of seeing his indictment, the
privilege of being defended by counsel, the privilege
of having his witnesses summoned by writ of subpoena
and sworn on the Holy Gospels. Such is the bill
which we sent up to your Lordships; and you return
it to us with a clause of which the effect is to give
certain advantages to your noble order at the expense
of the ancient prerogatives of the Crown. Surely
before we consent to take away from the King any power
which his predecessors have possessed for ages, and
to give it to your Lordships, we ought to be satisfied
that you are more likely to use it well than he.
Something we must risk; somebody we must trust; and;
since we are forced, much against our will, to institute
what is necessarily an invidious comparison, we must
own ourselves unable to discover any reason for believing
that a prince is less to be trusted than an aristocracy.
“Is it reasonable, you ask, that you should
be tried for your lives before a few members of your
House, selected by the Crown? Is it reasonable,
we ask in our turn, that you should have the privilege
of being tried by all the members of your House, that
is to say, by your brothers, your uncles, your first
cousins, your second cousins, your fathers in law,
your brothers in law, your most intimate friends?
You marry so much into each other’s families,
you live so much in each other’s society, that
there is scarcely a nobleman who is not connected
by consanguinity or affinity with several others,
and who is not on terms of friendship with several
more. There have been great men whose death put
a third or fourth part of the baronage of England into
mourning. Nor is there much danger that even those
peers who may be unconnected with an accused lord
will be disposed to send him to the block if they
can with decency say ’Not Guilty, upon my honour.’
For the ignominious death of a single member of a small
aristocratical body necessarily leaves a stain on the
reputation of his fellows. If, indeed, your Lordships
proposed that every one of your body should be compelled
to attend and vote, the Crown might have some chance