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
His lordship also proved, that we cannot pass this bill without
diminishing our right, bestowing new powers upon the commons, confirming
some of their claims which are most dubious, nor, by consequence,
without violating the constitution.
To all these arguments, arguments drawn from the most important
considerations, enforced by the strongest reasoning, and explained with
the utmost perspicuity, what has been replied? How have any of his
assertions been invalidated, or any of his reasons eluded? How has it
been shown that there is any foundation for a criminal charge, that
witnesses thus procured ought to be heard, or that our rights would not
be made disputable by confirming the proceedings of the commons?
It has been answered by a noble lord, that though there is not _corpus
delicti_, there is _corpus suspicionis_. What may be the force of this
argument, I cannot say, because I am not ashamed to own, that I do not
understand the meaning of the words. I very well understand what is
meant by _corpus delicti,_ and so does every other lord; it is
universally known to mean the _body of an offence;_ but as to the words
_corpus suspicionis,_ I do not comprehend what they mean: it is an
expression, indeed, which I never before heard, and can signify, in my
apprehension, nothing more than the _body of a shadow,_ the substance of
something which is itself nothing.
Such, my lords, is the principle of this bill, by the confession of its
warmest and ablest advocates; it is a bill for summoning a person to a
trial, against whom no crime is alleged, and against whom no witness
will appear without a bribe.
For that those who should appear in consequence of this bill to offer
their evidence, ought to be considered as bribed, will, surely, need no
proof to those who consider, that bribes are not confined to money, and
that every man who promotes his own interest by his deposition, is
swearing, not for truth and justice, but for himself.
It may be urged, and it is, in my opinion, all that the most fruitful
imagination can suggest in favour of this bill, that they are not
required to accuse the earl of ORFORD, but to give in their evidence
concerning his conduct, whether in his favour, or against him.
But this argument, my lords, however specious it may seem, will vanish
of itself, if the bill be diligently considered, which is only to confer
indemnity on those, who in the course of their evidence shall discover
any of their own crimes; on those whose testimony shall tend to fix some
charge of wickedness on the earl of ORFORD; for it cannot easily be
imagined how those who appear in his favour, should be under a necessity
of revealing any actions that require an indemnity.
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