These circumstances being fully discussed in a violent debate, the house ordered lord Lucas, constable of the Tower, to produce the warrants of commitment, and the clerk of the king's-bench to deliver the affidavit of Aaron Smith, the court solicitor, upon which the lords had been remanded to prison.

At the same time the whole affair was referred to a committee, empowered to send for persons, papers, and records.

The judges were ordered to attend: Aaron Smith was examined touching the evidence against the committed lords.

The committee reported their general resolution, which produced a vehement dispute.

The opinion of the judges was unsatisfactory to both parties; the debate was referred to a committee of the whole house, in which it was resolved and declared, as the sense of that assembly, that in pursuance of the _habeas-corpus_ act, it was the duty of the judges and gaol-delivery to discharge the prisoner on bail if committed for high treason, unless it be made appear, upon oath, that there are two witnesses against the said prisoner, who cannot be produced in that term, session, or general gaol-delivery.