The judges of the inferior courts are by law rendered
independent of the Crown. But this, instead of a benefit to the subject,
would be a grievance, if no way was left of producing a responsibility.
If the Lords cannot or will not act without the Judges, and if (which
God forbid!) the Commons should find it at any time hereafter necessary
to impeach them before the Lords, this House would find the Lords
disabled in their functions, fearful of giving any judgment on matter of
law or admitting any proof of fact without them [the Judges]; and having
once assumed the rule of proceeding and practice below as their rule,
they must at every instant resort, for their means of judging, to the
authority of those whom they are appointed to judge.
Your Committee must always act with regard to men as they are. There are
no privileges or exemptions from the infirmities of our common nature.
We are sensible that all men, and without any evil intentions, will
naturally wish to extend their own jurisdiction, and to weaken all the
power by which they may be limited and controlled. It is the business of
the House of Commons to counteract this tendency. This House had given
to its Managers no power to abandon its privileges and the rights of its
constituents.
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