The Lord Chancellorquitted the woolsack, and stated, he had a declaratory bill to submit to the consideration of their lordships; he adverted to the proceedings and discussions which had taken place, and which had induced the proposal of the present bill. These, their lordships would recollect, arose principally from a question proposed by a noble and learned friend of his, "Whether, according to law, a witness were bound to answer questions, the answers to which did not tend to accuse himself, but to establish, or tend to establish, that he owes a debt, recoverable by a civil suit?" On this, the opinion of the Judges was called for, and a great majority of them were of opinion, that a witness had no such right to demur. After such a decision, and what had been stated by his noble and learned friend (lord Eldon), that in the course of his long experience, he never heard of such a claim, urged on 361 the part of a witness; after what his noble friend at the head of the court of King's Bench, had also stated to the like effect; and after what he knew himself, who was exactly 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 noble friend, was, in point of fact, liable to any objection; 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 particular circumstance which originally gave birth to the measure, and which might be thought necessary to be attended to on such an occasion as the present; but he thought it proper to make the bill as generally and as purely declaratory as possible, and without reference to any proceeding then before that, or the other house of parliament. Their lordships, however, would have an opportunity of more minutely considering the bill, on the 2d reading. He had rendered its language and tenour as guarded as possible, and he could not help flattering himself, that, with the assistance he should receive in perfecting the measure, from his noble and learned friend, he should be able to make it so as to meet the approbation of their lordships. After a few further remarks, in which he noticed what had been thrown out, as to affording, in certain circumstances, an ulterior protection to witnesses, and the consideration whether the present moment, were the fittest for such an enacting bill, he presented his declaratory measure, which was intituled, "An act to declare the law with respect to Witnesses being liable to answer." His lordship then moved, "that the bill be read a first time;" which was accordingly done; and afterwards ordered to be printed.
§ Lord Eldonmade a few remarks on the nature 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 on 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 many exceptions. This seemed, in the sentiment of the noble and learned lord, 362 to be an additional reason in favour of such a bill as his noble friend proposed. His lordship then alluded to a clause or provision, in effect, as he had stated on a former evening, which he should conceive necessary to propose, on the 2d reading of the bill.