It hath, indeed, been usual, and very expedient it is, in point of order
and regularity, and for the solemnity of the proceeding, to appoint an
officer for presiding during the time of the trial, and until judgment,
and to give him the style and title of Steward of England: but this
maketh no sort of alteration in the constitution of the court; it is the
same court, founded in immemorial usage, in the law and custom of
Parliament, whether such appointment be made or not. It acteth in its
judicial capacity in every order made touching the time and place of the
trial, the postponing the trial from time to time upon petition,
according to the nature and circumstances of the case, the allowance or
non-allowance of council to the prisoner, and other matters relative to
the trial;[83] and all this before an High Steward hath been appointed.
And so little was it apprehended, in some cases which I shall mention
presently, that the existence of the court depended on the appointment
of an High Steward, that the court itself directed in what manner and by
what form of words he should be appointed. It hath likewise received and
recorded the prisoner's confession, which amounteth to a conviction,
before the appointment of an High Steward; and hath allowed to prisoners
the benefit of acts of general pardon, where they appeared entitled to
it, as well without the appointment of an High Steward as after his
commission dissolved.
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