The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12) — John Shaqi
The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12)Burke, Edmund
History
The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
Your Committee had reason to entertain apprehensions that certain
proceedings in this trial may possibly limit and weaken the means of
carrying on any future impeachment of the Commons. As your Committee
felt these apprehensions strongly, they thought it their duty to begin
with humbly submitting facts and observations on the proceedings
concerning evidence to the consideration of this House, before they
proceed to state the other matters which come within the scope of the
directions which they have received.
To enable your Committee the better to execute the task imposed upon
them in carrying on the impeachment of this House, and to find some
principle on which they were to order and regulate their conduct
therein, they found it necessary to look attentively to the jurisdiction
of the court in which they were to act for this House, and into its laws
and rules of proceeding, as well as into the rights and powers of the
House of Commons in their impeachments.
RELATION OF THE JUDGES, ETC., TO THE COURT OF PARLIAMENT.
Upon examining into the course of proceeding in the House of Lords, and
into the relation which exists between the Peers, on the one hand, and
their attendants and assistants, the Judges of the Realm, Barons of the
Exchequer of the Coif, the King's learned counsel, and the Civilians
Masters of the Chancery, on the other, it appears to your Committee that
these Judges, and other persons learned in the Common and Civil Laws,
are no integrant and necessary part of that court. Their writs of
summons are essentially different; and it does not appear that they or
any of them have, or of right ought to have, a deliberative voice,
either actually or virtually, in the judgments given in the High Court
of Parliament. Their attendance in that court is solely ministerial; and
their answers to questions put to them are not to be regarded as
declaratory of the Law of Parliament, but are merely consultory
responses, in order to furnish such matter (to be submitted to the
judgment of the Peers) as may be useful in reasoning by analogy, so far
as the nature of the rules in the respective courts of the learned
persons consulted shall appear to the House to be applicable to the
nature and circumstances of the case before them, and no otherwise.[1]
JURISDICTION OF THE LORDS.
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