"[90]
I will make a short observation on this matter. The order, on the 13th
of May, 1679, for varying the form of the commission, was, as appeareth
by the Journal, plainly made in consequence of the resolution of the
12th, and was founded on it; and consequently the constant, unvarying
practice with regard to the new form goeth, in my opinion, a great way
towards showing, that, in the sense of all succeeding times, that
resolution was not the result of faction or a blamable jealousy, but was
founded in sound reason and true policy. It may be objected, that the
resolution of the 12th of May, 1679, goeth no further than to a
proceeding upon impeachment. The letter of the resolution, it is
admitted, goeth no further. But this is easily accounted for: a
proceeding by impeachment was the subject-matter of the conference, and
the Commons had no pretence to interpose in any other. But what say the
Lords? _The High Steward is but as a Speaker or Chairman pro tempore,
for the more orderly proceeding at the trials; the appointment of him
doth not alter the nature of the court, which still remaineth the Court
of the Peers in Parliament._ From these premises they draw the
conclusion I have mentioned. Are not these premises equally true in the
case of a proceeding upon indictment? They undoubtedly are.
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