Star.
London, England, 1806-04-16 00:00:00

Wlll4lllllll DICLARATOLY BILL.

The ATTORNEY GENERAL then moved,
that the Houfe refolve itfelf into a Committee on
the Witnelfes Evidence Declaratory Bill.
The bPEAKER having put the quellion, that he
now leave the Chair,

Mr. PERCIVAL faid, that, though in his opinion
there was no neceffity for the prefent Bill, yet he
would defer his obfervations upon it till it had re-
ceived thole amendments which were likely to he
.made in the Committee, and, therefore, he fheuld
not oppofe it in the prefent Rage of its progrefs ; but
he could not avoid making one remark on the Bill,
which had with him confiderable weight. The de-
fign of the Bill was to cued that to be the law, which
was the opinion of a majority of the Judges. But
it appeared to him, that fix out of the eight Judges,
who approved of the principle of the Bill, intended
to give a qualified opinion. They feemed to think
there might be exceptions from the general principle.
The prefent Bill, therefore, feemed to afcribe to them
the unqualified adoption of an opinion which they
entertained with certain exceptions. This was an
objeftion which he flould take an opportunity of
urging againfk the Bill, unlefs certain qualifications
of the general principle were introduced into it.
The ATTORNEY GENERAL faid, that fence
his Learned Friend had expreffed himfelf difatisfied
with the principle of the Bill, he fubmitted it to him,
whether it would not be more confiftent to oppofe
the Bill in its prefent progrefs, and Rate fully his ob-
jedions to the principle, than afterwards to urge
thofe ebjedions, when the Hoak had (pent much
time and attention on the amendment of the Bill, and
which, after all, it might fee reafon to throw out al-
together?

The MASTER of the ROLLS defended the con-
tinency of his Learned Friend. He conld not help
confidering the prefect Bill as unneceffary, but be
would pay every degree of deference to the opinion
of thofe who thought otherwife. If it fhould come
out of the hands of the Committee in a fhape not
very unfatisfatory,lt ntould not then meet with mush
oppofition from him. Had he been called upon to
give his opinion on the fubjetl of the Bill, he fhould
have given that which was held by dm minority of
the Judges. But Race the majority of the Judges
had given a folemu decifion on the point, for the pur-
pote of guiding the opinion of the Lords on a Bill
before that Houfe,he could not help confidering the
matter as fulficiently fet at rel. He fhould think
that no judge would henceforth all upon his own pri
Tate opinion, in oppofition tothat of the majority, fence
it could not fail to be overruled by the majority of the
Judges. Thelaw, therefore, wasalready fufficiently de-
clared: there feemed no occafion for any interference of
the Legiflature,and the Houfe of Lords had atied on
the opinion which had been laid before them. But,
as it had been already Rated by his Learned Friend,
the majority of the Judges had delivered a qualified
opinion. They Paid that, generally (peaking, a wit.
nets was compellable to anfwer. This Bill, how.
ever, converted into a univerfal propofition, what
they only delivered as a general one. But he trolled,
that certain exceptions and qualifications would be
introduced into the Bill ; and in that cafe, from the
deference which he felt for the opinion of the Judges,
he lhould not oppofe its palling into a law.
The Houfe having then refolved itfelf into the
Committee, feveral Amendments were propofed by
Mr. GILES i which were agreed t,, and the report
ordered to be received to-morrow.