gers for the Commons, the
competence of the evidence to be produced, who are to be permitted to
appear, what questions are to be asked of witnesses, and indeed, parcel
by parcel, on the whole of the gross case before them,--as well as to
determine upon the order, method, and process of every part of their
proceedings. 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. They were themselves as little disposed as authorized to
make this surrender. They are members of this House, not only charged
with the management of this impeachment, but partaking of a general
trust inseparable from the Commons of Great Britain in Parliament
assembled, one of whose principal functions and duties it is to be
observant of the courts of justice, and to take due care that none of
them, from the lowest to the highest, shall pursue new courses, unknown
to the laws and constitution, of this kingdom, or to equity, sound legal
policy, or substantial justice. Your Committee were not sent into
Westminster Hall for the purpose of contributing in their persons, and
under the authority of the House, to change the course or law of
Parliament, which had continued unquestioned for at least four hundred
years. Neither was it any part of their mission to suffer precedent