either actually or virtually, in the judgments given in the High Court
of Parliament. Their attendance in that court is solely ministerial; and
their answers to questions put to them are not to be regarded as
declaratory of the Law of Parliament, but are merely consultory
responses, in order to furnish such matter (to be submitted to the
judgment of the Peers) as may be useful in reasoning by analogy, so far
as the nature of the rules in the respective courts of the learned
persons consulted shall appear to the House to be applicable to the
nature and circumstances of the case before them, and no otherwise.[1]


JURISDICTION OF THE LORDS.

Your Committee finds, that, in all impeachments of the Commons of Great
Britain for high crimes and misdemeanors before the Peers in the High
Court of Parliament, the Peers are not triers or jurors only, but, by
the ancient laws and constitution of this kingdom, known by constant
usage, are judges both of law and fact; and we conceive that the Lords
are bound not to act in such a manner as to give rise to an opinion that
they have virtually submitted to a division of their legal powers, or
that, putting themselves into the situation of mere triers or jurors,
they may suffer the evidence in the cause to be produced or not produced
before them, according to the discretion of the judges of the inferior
courts.


LAW OF PARLIAMENT.

Your Committee finds that the Lords, in matter of appeal or impeachment
in Parliament, are not of right obliged to proceed according to the