'to common fame? common fame which at least may fometimes err, and which though it may afford fuf'ficient ground for fufpicion and enquiry, was never · yet admitted as conclufive evidence, where the immediate neceffities of the public did not preclude the 'common forms of examination, where the power of the offender did not make it dangerous to attack him by a legal profecution, or where the conduct of the • accufer did not plainly discover that they were more eager of blood than of justice, and more folicitous to ⚫ destroy than to convict.

I hope none of these circumftances, my lords, can at present obftruct a candid and deliberate enquiry; with regard to the public, I am not able to discover any preffing exigences that demand a more compendious method of proceeding than the established laws ' of the land and the wifdom of our ancestors have prescribed. I know not any calamity that will be · aggravated, nor any danger that will become more formidable by fuffering this question to be legally

• tried.

Nor is there, my lords, in the circumstances of the 'perfon accused, any thing that can incite us to a hafty procefs, for if what is alledged by the noble lords is ' not exaggerated beyond the truth, if he is universally detefted by the whole nation, and loaded with exe'crations by the public voice, if he is confidered as the author of all our miseries and the fource of all our corruptions, if he has ruined our trade and depreffed ' our power, impoverished the people and attempted to ' enflave them, there is at least no danger of an infurrection in his favour, or any probability that his party will grow ftronger by delays. For, my lords, to find. friends in adverfity and affertors in diftrefs, is only the 'prerogative of innocence and virtue.

• The

The gentleman against whom this formidable charge is drawn up, is, I think, not fufpected of any inten⚫tion to have recourse either to force or flight: he has always appeared willing to be tried by the laws of his 'country, and to ftand an impartial examination; he • neither opposes nor eludes enquiry, neither flies from juftice nor defies it.

! And yet less, my lords, can I suspect, that those by whom he is accufed act from any motive that may influence them to defire a fentence not fupported by • evidence or conformable to truth, or that they can ⚫ wish the ruin of any man whofe crimes are not notorious and flagrant, that they perfecute from private 'malice, or endeavour to exalt themfelves by the fall • of another.

Let us therefore, my lords, enquire before we determine, and fuffer evidence to precede our fentence. The charge, if it is juft, must be by its own nature eafily proved, and that no proof is brought may perhaps be fufficient to make us fufpect that it ⚫ is not juft.

For, my lords, what is the evidence of common ‹ fame, which has been fo much exalted and fo confidently produced? Does not every man fee, that on fuch occafions two queftions may be afked, of which 'perhaps neither can eafily be answered, and which yet inuft both be refolved before common fame can be • admitted as a proof of facts?

It is firft to be enquired, my lords, whether the ⚫ reports of fame are neceffarily or even probably true. A queftion very intricate and diffufive, entangled with 'a thousand and involving a thousand distinctions:a queftion, of which it may be faid, that a man may " very plausibly maintain either fide, and of which, per

haps,

haps, after months or years wafted in difputation, no • other decifion can be obtained than what is obvious at the first view, that they are often true and often • false, and therefore can only be grounds of enquiry, 'not reafons of determination.

But if it appear, my lords, that this oracle cannot be deceived, we are then to enquire after another dif'ficulty, we are to enquire, What is fame?

Is fame, my lords, that fame which cannot err, a · report that flies on a fudden through a nation, of ' which no man can discover the original? a sudden • blast of rumour that inflames or intimidates a people, and obtains, without authority, a general credit? No 'man verfed in hiftory can enquire whether fuch reports may not deceive. Is fame rather a settled opi'nion prevailing by degrees, and for fome time established? How long then, my lords, and in what degree muft it have been established to obtain undoubt• ed credit? and when does it commence infallible? If the people are divided in their opinions, as in all pub•lic queftions it has hitherto happened, fame is, I fuppofe, the voice of the majority. For if the two parties are equal in their numbers, fame will be equal, then how great must be the majority before it can lay claim to this powerful auxiliary? and how fhall that ⚫ majority be numbered?

• These questions, my lords, may be thought, perC haps with juftice, too ludicrous in this place; but in my opinion they contribute to fhew the precarious • and uncertain nature of the evidence so much confid❝ed in.

• Common fame, my lords, is to every man only • what he himself commonly hears, and it is in the power ' of any man's acquaintance to vitiate the evidence which they report, and to stun him with clamours, and ter

•`rify

rify him with apprehenfions of miferies never felt, ⚫ and dangers invisible.

• But without fuch a combination, we are to remember that most men affociate with thofe of their own opinions, and that the rank of thofe that compofe this affembly naturally difpofes fuch as are admitted to < their company, to relate or invent fuch reports as may be favourably received, fo that what appears to one • lord the general voice of common fame, may by another be thought only the murmur of a petty faction, defpicable with regard to their numbers, and detefta⚫ble if we confider their principles.

So difficult is it, my lords, to form any folid judg'ment concerning the extent and prevalence of any "particular report, and the degree of credit to be given to it. The induftry of a party may supply the defect ' of numbers, and fome concurrent circumftances may • contribute to give credit to a falfe report.

But, my lords, we are ourselves appealed to as witneffes of the truth of facts which prove him to be fole minifter, of the number of his dependants, the advancement of his friends, the disappointments of his ' opponents, and the declarations made by his followers "of adherence and fidelity.

If it should be granted, my lords, that there is no❝thing in thefe representations exaggerated beyond the • truth, and that nothing is represented in an improper light, what confequence can we draw but that the followers of this gentleman make ufe of thofe arts which have always been practifed by the candidates of pre• ferment; that they endeavour to gain their patron's fmile by flattery and panegyric, and to keep it by ⚫ affiduity and an appearance of gratitude? And if fuch <applications exalted any man to the authority and title of first minifter, the nation has never, in my memory, been without fome man in that ftation, for

⚫ there

'there is always fome one to whom ambition and avarice have paid their court, and whofe regards have been purchased at the expence of truth.

Nor is it to be wondered at, my lords, that pofts of honour and profit have been bestowed upon the friends of the administration, for who enriches or exalts • his enemies? Who will increase the influence that is to be exerted against him, or add ftrength to the blow that is levelled at himself?

That the right honourable gentleman is the only 'difpofer of honours has never yet appeared; it is not pretended, my lords, that he diftributes them without • the confent of his Majefty, nor even that his recom⚫mendation is abfolutely neceffary to the fuccefs of any 'man's applications. If he has gained more of his • Majefty's confidence and efteem than any other of his fervants, he has done only what every man endeavours, and what therefore is not to be imputed to ' him as a crime.

It is impoffible, my lords, that Kings like other • men should not have particular motions of inclination or diflike; it is poffible that they may fix their affecti⚫ on upon objects not in the highest degree worthy of their regard, and overlook others that may boast of greater excellencies and more shining merit, but this is not to be fuppofed without proof, and the regard of the King as of any other man, is one argument ' of defert more than he can produce who has endea‹ voured after it without effect.

This imputed ufurpation must be proved upon him either by his own confeffion or by the evidence of others, and it has not yet been pretended that he affumes the title of Prime Minister, or indeed that it is applied to him by any but his enemies, and it may cafily be conceived how weakly the most un'corrupted innocence would be fupported if all the • afperfions