The house then took into consideration the amendments made by the Commons in the Declaratory bill respecting the liability of Witnesses to answer. A conversation of considerable length ensued, in which lords Eldon, Hawkesbury, Holland, Ellenborough, and the lord chancellor; the earls of Suffolk, Rosslyn, and Stanhope; and the duke of Norfolk, took a part.
§ Lord Hawkesburymoved,"that the farther consideration of the amendments be post- 951 poned till to-morrow;" in order that the attendance on a topic of such importance should be fuller, and to afford certain peers, who, he had reason to think, wished to speak, an opportunity of delivering their sentiments.
§ Lord Eldonthought the bill wanted some farther alteration or amendment, not deeming it, in its present shape, a bill declaratory of the law, as declared by the learned judges, or the greater part of them; or according to their conceptions of what the law really was, as he had an opportunity of knowing, from a personal communication with some of them. Its tenour was different from that of other declaratory bills, for it went to declare, not what the law was, but what the law was not. He thought, under what had been thrown out on the subject, they should pause, and not pass the bill in its present shape. It involved legal considerations of the greatest importance, and in a way likely to affect many of their lordships, for instance, those who were great landed proprietors. The word "only" in the bill, on which so much stress had been laid, as rendering the declaration sufficiently definite, and as likely to prove a sufficient guide for the judges in the courts below, he thought would not be so efficacious, and in the interval proposed, he thought he should be able to determine upon some further amendments, which would produce the desired effect.
Lords Holland, Stanhope, and other peers, defended the bill, under the circumstances of the case, as it now stood, and were adverse to any further delay to its passing, which they contended ought speedily to take place; it was also observed, that the bill with the amendments had lain on the table for several days, and noble lords had had sufficient time to have called the attention of the house to the subject.
The Lord Chancellordefended the bill in its present shape, upon the legal grounds he had formerly adduced in support of it; and contended, that the declaration, as so worded, would, by confining it to the single species of demurrer, be a sufficient rule for the learned judges. The bill, however, he observed, had improperly been called his bill; though his was the hand that presented it to the consideration of their lordships, it was founded upon the proposition of a noble and learned lord then present. In future, should he propose any 952 thing in the shape of an act of parliament to their lordships' consideration, it should be purely his own; and then he should rightly have to stand or fall by its merits or demerits.
§ Lord Hawkesbury ,in further explanation, observed, that though the bill, with the amendments, might have lain for several days upon the table, yet it was incumbent upon those, in the case of a legislative measure of such importance, urging the passing of the bill so amended, to give some notice of the time they proposed for the consideration of such amendments, and to have the lords summoned thereupon.—After some further discussion, the question was put, and the original motion for taking the amendments into immediate consideration, was negatived without a division. The amendments made by the commons were then formally taken into consideration and agreed to.