are we to assume to ourselves an executive power, with which even the executive power itself is not entrusted? I am aware, my lords, it will be said that this House, in its capacity of a court of justice, has a right to call for evidence at its bar, and to punish the witness who shall not attend. I admit it, my lords; and I admit it not only as a right belonging to this House, but as a right essential to every court of justice; for, without this right, justice could not be administered. But, my lords, was this House sitting as a court of justice (for we must distinguish between our judicial and our legislative capacities) when Mr. Parker was ordered to be taken into custody, and brought before this House? If so, at whose suit was Mr. Parker to be examined? Where are the records? Where are the papers of appeal? Who is the plaintiff, and who the defendant? There is nothing like it before your lordships; for if there had, and Mr. Parker, in such case, had disobeyed the order of this House, he was not only punishable for his contumacy and contempt, but every magistrate in the kingdom was bound to assist your lordships in having him forthcoming at your lordship's bar. _Whereas, as it is, every magistrate in the kingdom is bound, by the law of the land, to release Mr. Parker, if he be taken into custody by the present order of this House._ Nothing can be more true, than that in our judicial capacity, we have a right to call for evidence at our bar, and to punish the witness if he does not appear. The whole body of the law supports us in this right. But, under the pretext of privilege, to bring a man by force to the bar, when we _have our remedy at law; to accuse, condemn, and punish that man, at the mere arbitrary will and pleasure of this House, not sitting as a court of justice, is tyranny in the abstract. It is against law; it is subversive of the constitution; it is incompetent to this House_; and, therefore, my lords, thinking as I do, that this House has no right forcibly to bring any man to its bar, but in the discharge of its proper functions, as a court of judicature, I shall now move your lordships, 'that the body of W. Parker, printer of the General Advertiser, be released from the custody of the Gentleman Usher of the Black Rod, and that the order for the said Parker, being brought to the bar of this House be now discharged.'