Whilst so much was said on the subject of precedent, he hoped he might offer a few cases to their consideration. He did not come to the House armed with precedents. Neither his health nor leisure permitted him to search for them. Gentlemen of greater industry, and who attached more importance to them than himself, had furnished him with them. For his part he thought precedents had nothing to do with the case, but for the sake of those who thought differently, he would show the course which he advocated was not destitute even of their support. Here Mr. R. referred to Mr. Hatsell’s precedents. “On the 21st of April, 1626, Mr. Glanvylee, from the select committee appointed to consider of the charges against the Duke of Buckingham, reports that they desire the House will resolve whether common fame is a ground for this House to proceed upon?” It is resolved to consider this the next day. After a long debate the House resolve that, “common fame is good ground of proceeding of this House, either to inquire of here, or to transmit the complaint, if the House find cause, to the King or Lords.”
Mr. R. begged to call the attention of the House to the opinion of a gentleman, delivered during the debate, to which he must be permitted to attach more importance than to that of the gentleman from Connecticut. When he mentioned the name of Selden, he believed he should stand justified in the opinion of the gentleman himself, and in that of his warmest admirers. “These cases (said Mr. Selden) are to be ruled by the law of Parliament and not by the common or civil law.” Mr. Littleton says, “this is not a House for definitive judgment, but for information, denunciation, or presentment, for which common fame is sufficient.” Mr. Noy says, “There are two questions--first, Whether a common fame? Second, Whether this fame be true? We will not transmit without the first inquiry: but without the second we may; for peradventure we cannot come by the witnesses; as if the witnesses be in the Lords’ House.”
Again, on the 16th October, 1667, the House being informed “that there have been some innovations of late in the trials of men for their lives and deaths, and in some particular cases restraints have been put upon juries, the matter is referred to a committee.” This case (Mr. R. said) was precisely in point. “On the 18th of November, this committee are empowered ‘to receive information against the Lord Chief Justice Keeling, for any other misdemeanors besides those concerning juries.’” Thus on a particular fact, innovation in trials for life and death, a committee was raised, and yet they were not confined to the examination of that single charge, but empowered to inquire generally into the misconduct of the judge. A stronger or more pointed precedent could not be conceived.