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.
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