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London, England, 1806-03-08 00:00:00

establiub, that he owes a debt, re-overatlle by v
civil suit ?" On this, the opinion of t►te Judges was
called for, and ;t gte.it majority of them were at
opinion, that a witness had no such right to deniur.
After such a decision, and what had been stated by

his Noble and Learned Friend (Lord Eldon), that
in toe course of his long experience, he never heard
of such a clAint, urged on the part of a witness ;
after what his Nnhle Friend, at the head of the

Court of King's Bench had also stated to the like
effect ; and alter what he knew himself , who was Cl-

:ally •in a similar predicament ; he thought the
best mode was, to declare the law as stated in those

opinions and declarations. It did not appear in the
event, that the question proposed by his N,ble and
Learned Friend, was. in point of tad, lialde to any
olrjeflion; neither did it appear, that the answers of
the Learned Judges were not satisfactory to the
House: on this principle, the Bill he held in his
hand proceeded. His Lordship then adverted to
some subordinate legal considerations, which seemed
partly to arise from a contemplation of the particu-
lar circumstance which originally gave birth to the
measure, and which might he thought necessary to
be attended to on such an occasion as the present ;

but he thought it proper to nuke the bill as gene-
rally, and as purely declaratory as possible, and
without reference to any proceeding then bdure
that, or the other House of Parliament. Their Lord-
ships, however, would have an oprortunity of more
minutely consideiing the Bill, on the second read.
ing. He had rendeted its langu ige and tenor ac
guarded as possible, and he could not •help flit-
tering himself, that. with the assistance he should
receive, in perfening the measure, from his Nohle
and Learned Friend, he should be able to make it
Po as to meet the approbation of their Lordships.
Aficr a few further remarks, in which he noticed

what had been thrown out, as to affording, in cer-
utin circumstances, an ulterior protection to wit-
nesses, and the consideration whether the present
moult:raj were the fittest for stch an enalling bill,
he pre:cnted his declaratory measure, which was
intituled, " An Aft to declare the Law with re-
spell to Witnesses being liable to ansuer." His
Lordship then moved, " that the Bill be read a first
time;" which was accordingly &me ; and after-
wards ordered to be printed.
Lord ELUON made a few remarks on the nattre
of the opinions delivered by the Learned Judges ;
of whom, seven. out of the eleven who delivered
their opinions regularly, were, as the Noble Lord oo
the Woolsack stated; at the same time, it should
be recollected, that those who delivered a contrary
opinion, did it as a general rule of law, which they
admitted liable to malty exceptions. This seemed,
in the sentiment or the Noble and hearted Lord, to
he an ad.!itional reason in favour of such a Bill as
his Noble Friend proposed. Ilis Lordship they. al-
luded to a clause ur provision, in ellea, as he had
stated on a former evening, which he should-con-
ceive necesiary to propose, on the second reading of
the Bill.

Lind HOLLAND observed, that after what had
joist taken place, he should nut press the House to
a lit ei,inn upon that measure, which stood as the
principal order of the chy, namely, the Witnesses'
Indemnity Bill; but thought he should decline that,
he could not avoid the opportunity of making a few
observations on what had taken place with respea
to that Bill, and the leading arguments. which, nn-
toundedly, he thought, were urged-against it. The
Noble Lord then adverted to What had taken place
last Session, on the original Bill. which. gave rise to-
that which stood this day for a second reading.
He con"mded, that the present Bill was less liable
to objation, than that which Noble Lords, opposite
to him, let pass without ;sof opposition ; as that Bill
went to *flea the law. and the present did not. He
untended for the correaness of the prineiplis on
which it proceeded, and that its ohjefll was to render
witnesses credible. who otherwise would be 'mita:ant
and sus:ye:led. Not all the arguments adduced by
the Noble and Learned Lord opposite. had, in the
least. altered his mind, as to the measure ; and he
could not allow this. perhaps the last opportunity
he snoutd have of speaking upon the Bill, go by.
w•ithont sayivg so. He referred to one or two au-
thorities, in support of the positions he laid down.
One of these was " Co.rer's Reports," (we believe,
written by the Learned Clerk at the table). He
contended, it was not liable to the imputation of an
er per fife law ; nor w.ts it similar to the Bill of
1742, bought in on the affair of the accusation of
the Earl of Orford, and which Lord llardwicke so
Lighly disapproved. Th: only objea the movers
of the present Bill /14,1 in view by it, was a more
pure administration et national justice. The Noble
Lord concluded an addles of some length, on the
occasion. by moving to discharge the Order of the
Day for the second reading of the Witnesses' In-
demnity Bill; and he should not propose that any
future day should he fixed, except the Bill brought
Ii raard, or any other for the purposes mentioned,
should not meet the approbation of the House.
Lord ELI)ON, in consequence of some points
which transpired from the Noble Lord who spoke
last, offered a few observations to the [louse ; the
substance of those was generally and strongly en-
forcing some of the leading opinions he had before
advanced agajnst the Bill so decidedly supported
by the Noble Lord ; and respelling which he had
not heard the smallest reason to altar a single opi-
nion he had formerly given.
The order of the d..4y was then discharged, agree-
ably to Lord Ilolland's Motion.—Adjourned.