e according to the course of practice and
common justice, before the Judges in their several courts, for the
prosecutors in behalf of the King, _during the time of trial, to produce
witnesses to discover the truth_, and whether the prisoner may not do
the like?' The Lord Chief-Justice delivered this as the unanimous
opinions of himself and all the rest of the Judges: 'That, according to
the course of practice and common justice, before them in their several
courts, upon trial by jury, _as long as the prisoner is at the bar, and
the jury not sent away_, either side may give their evidence and examine
witnesses to discover truth; and this is all the opinion as we can give
concerning the proceedings before us.' Upon, some consideration after
this, the House appointed the Earl of Bath, Earl of South'ton, Earl of
Hartford, Earl of Essex, Earl of Bristol, and the Lord Viscount Say et
Seale to draw up some reasons upon which the former order was made,
which, being read as followeth, were approved of, as the order of the
House: 'The gentlemen of the House of Commons did declare, that they
challenge to themselves, by the common justice of the kingdom, that
they, being prosecutors for the King, may bring any new proofs by
witnesses during the time of the evidence being not fully concluded. The
Lords, being judges, and so equal to them and the prisoner, conceived
this their desire to be just and reasonable; and also that, by the same
common justice, the prisoner may use the same liberty; and that, to
avoid any occasions of delay, the Lords thought fit that the articles
and witnesses be presently named, and such as may be presently produced
to be used presently, [and such as cannot to be used on Monday,] and no
further time to be given.' The Lord Steward was to let them know, that,
if they will on both sides waive the use of new witnesses, they may
proceed to the recollection of their evidence on both sides; if both
sides will not waive it, then the Lord Steward is to read the precedent
order; and if they will not proceed then, this House is to adjourn and
rise."[79]

By this it will appear to the House how much this exclusion of evidence,
_brought for the discovery of truth_, is unsupported either by
Parliamentary precedent or by the rule as understood in the Common Law
courts below; and your Committee (protesting, however, against being
bound by any of the technical rules of inferior courts) thought, and
think, they had a right t