The Works of Samuel Johnson, LL.D. Volume 11.: Parlimentary Debates II.Johnson, Samuel
History
The Works of Samuel Johnson, LL.D. Volume 11.: Parlimentary Debates II.
Johnson, Samuel
Great Britain. Parliament. House of Commons -- History -- 18th century
These, my lords, are three essentials which the wisdom of our ancestors
has made indispensable previous to the arrest or imprisonment of the
meanest Briton; it must appear, that there is a crime committed, that
the person to be seized is suspected of having committed it, and that
the suspicion is founded upon probability. Requisites so reasonable in
their own nature, so necessary to the protection of every man's quiet
and reputation, and, by consequence, so useful to the security and
happiness of society, that, I suppose, they will need no support or
vindication. Every man is interested in the continuance of this method
of proceeding, because no man is secure from suffering by the
interruption or abolition of it.
Such, my lords, is the care and caution which the law directs in the
first part of any criminal process, the detainment of the person
supposed guilty; nor is the method of trial prescribed with less regard
to the security of innocence.
It is an established maxim, that no man can be obliged to accuse
himself, or to answer any questions which may have any tendency to
discover what the nature of his defence requires to be concealed. His
guilt must appear either by a voluntary and unconstrained confession,
which the terrours of conscience have sometimes extorted, and the
notoriety of the crime has at other times produced, or by the deposition
of such witnesses as the jury shall think worthy of belief.
To the credibility of any witness it is always requisite that he be
disinterested, that his own cause be not involved in that of the person
who stands at the bar, that he has no prospect of advancing his fortune,
clearing his reputation, or securing his life. For it is made too plain
by daily examples, that interest will prevail over the virtue of most
men, and that it is not safe to believe those who are strongly tempted
to deceive.
There are cases, my lords, where the interest of the person offering his
evidence is so apparent, that he is not even admitted to be heard; and
any benefit which may possibly be proposed, is admitted as an objection
to evidence, and weakens it in a measure proportionate to the distance
of the prospect and the degree of profit.
Such are the rules hitherto followed in criminal proceedings, the
violation of which has been always censured as cruelty and oppression,
and perhaps always been repented even by those who proposed and defended
it, when the commotions of party have subsided, and the heat of
opposition and resentment has given way to unprejudiced reflection.
Of these rules, my lords, it is not necessary to produce any defence
from the practice of distant nations, because it is sufficient in the
present case, that they are established by the constitution of this
country, to which every Briton has a right to appeal; for how can any
man defend his conduct, if having acted under one law, he is to be tried
by another?
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