I will,
therefore, before I conclude, mention those which weighed with me, and,
I believe, with many others of the Judges.
_Reasons, &c._
Every proceeding in the House of Peers, acting in its judicial capacity,
whether upon writ of error, impeachment, or indictment, removed thither
by _Certiorari_, is in judgment of law a proceeding before the King in
Parliament; and therefore the House, in all those cases, may not
improperly be styled the Court of our Lord the King in Parliament. This
court is founded upon immemorial usage, upon the law and custom of
Parliament, and is part of the original system of our Constitution. It
is open for all the purposes of judicature, during the continuance of
the Parliament: it openeth at the beginning and shutteth at the end of
every session: just as the Court of King's Bench, which, is likewise in
judgment of law held before the King himself, openeth and shutteth with
the term. The authority of this court, or, if I may use the expression,
its constant activity for the ends of public justice, independent of any
special powers derived from the Crown, is not doubted in the case of
writs of error from those courts of law whence error lieth in
Parliament, and of impeachments for misdemeanors.
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