of obtaining justice against a guilty peer, however
strongly connected. But you propose that attendance
shall be voluntary. Is it possible to doubt what
the consequence will be? All the prisoner’s
relations and friends will be in their places to vote
for him. Good nature and the fear of making powerful
enemies will keep away many who, if they voted at
all, would be forced by conscience and honour to vote
against him. The new system which you propose
would therefore evidently be unfair to the Crown;
and you do not show any reason for believing that
the old system has been found in practice unfair to
yourselves. We may confidently affirm that, even
under a government less just and merciful than that
under which we have the happiness to live, an innocent
peer has little to fear from any set of peers that
can be brought together in Westminster Hall to try
him. How stands the fact? In what single
case has a guiltless head fallen by the verdict of
this packed jury? It would be easy to make out
a long list of squires, merchants, lawyers, surgeons,
yeomen, artisans, ploughmen, whose blood, barbarously
shed during the late evil times, cries for vengeance
to heaven. But what single member of your House,
in our days, or in the days of our fathers, or in
the days of our grandfathers, suffered death unjustly
by sentence of the Court of the Lord High Steward?
Hundreds of the common people were sent to the gallows
by common juries for the Rye House Plot and the Western
Insurrection. One peer, and one alone, my Lord
Delamere, was brought at that time before the Court
of the Lord High Steward; and he was acquitted.
But, it is said, the evidence against him was legally
insufficient. Be it so. So was the evidence
against Sidney, against Cornish, against Alice Lisle;
yet it sufficed to destroy them. But, it is said,
the peers before whom my Lord Delamere was brought
were selected with shameless unfairness by King James
and by Jeffreys. Be it so. But this only
proves that, under the worst possible King, and under
the worst possible High Steward, a lord tried by lords
has a better chance for life than a commoner who puts
himself on his country. We cannot, therefore,
under the mild government which we now possess, feel
much apprehension for the safety of any innocent peer.
Would that we felt as little apprehension for the
safety of that government! But it is notorious
that the settlement with which our liberties are inseparably
bound up is attacked at once by foreign and by domestic
enemies. We cannot consent at such a crisis to
relax the restraints which have, it may well be feared,
already proved too feeble to prevent some men of high
rank from plotting the ruin of their country.
To sum up the whole, what is asked of us is that we
will consent to transfer a certain power from their
Majesties to your Lordships. Our answer is that,
at this time, in our opinion, their Majesties have
not too much power, and your Lordships have quite
power enough.”