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?

Let us, therefore, my lords, apply these rules to the present bill, and
inquire what regard appears to have been paid to them by the commons,
and how well we shall observe them by concurring in their design.

With respect to the first, by which it is required, that there be a
known and manifest crime, it does not appear to have engaged the least
attention in the other house; for no fact is specified in the bill, upon
which a prosecution can be founded, and, therefore, to inquire after
evidence is somewhat preposterous; it is nothing less than to invite men
to give their opinion without a subject, and to answer without a
question.