I am sensible much is due to the man who has always preferred the public interest to his private advantages as -------- has done. When a man has signalized himself, when he has suffered for that principle, he deserves universal respect. Yet men should act agreeably to the motive of that respect, and not ruin the liberty of their country to shew their gratitude, and so, my lord, where a man has the least pretence to that character, I think 'tis best to pass over small offences, but never such as will entail danger and dishonour upon us and our posterity. The Romans, my lord, when a question was in the senate, whether they should ransom fifteen thousand citizens who had merited much by their former victories, but losing one battle were taken prisoners; were determined by the advice of that noble Roman Attilius Regulus not to redeem them as men unworthy their further care, though probably it was their misfortunes not their faults lost that day. Flagitio additis Damnum: neque amissos colores Luna refert medicata fuco He thought they were not worthy to be trusted again:---- To shew them pity, in his mind, would betray the Romans to perpetual danger: _Et exemplo trahenti_ Perniciem veniens in aevum, Si non periret immiserabilis Captiva pubes I hear some precedents have been lately found out to justify that memorable action; but if precedents must control reason and justice, if a man may swear he will keep his counsels secret, and yet by precedents may be forced to divulge them, I would advise gentlemen very seriously to consider, the danger we are in; and examine what precedents there are on each side of the question, for my part I think the commons of England are not a worse precedent than the judges of England. Besides it must be remembered that precedents in some cases will not excuse a judge, even where they are according to the undoubted law of the land, as for instance,