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Hist. of the Reb. 279. On a misdemeanor, his appearance may be in person, or he may answer in writing, or by attorney.-1 Seld. Jud. 100. The general rule on an accusation for a misdemeanor is, that in such a state of liberty or restraint as the party is when the commons complain of him, in such he is to answer.-Seld. Jud. 101. If previously committed by the Commons, he answers as a prisoner. But this may be called in some sort, judicium parium suorum-Seld. Jud. In misdemeanors, the party has a right to counsel by the common law; but not in capital cases.-Seld. Jud. 102.-5.

ANSWER.

The answer need not observe great strictness of form. He may plead guilty as to part, and defend as to the residue; or, saving all exceptions, deny the whole, or give a particular answer to each article separately.-1 Rush. 274-2 Rush. 1374-12 Parl. Hist. 442-3 Lord's Jour. 13 Nov. 1643-2 Woodd. 607. But he cannot plead a pardon in bar to the impeachment.—2 Woodd. 618 -2 St. Tr. 735.

REPLICATION, REJOINDER, ETC.

There may be a replication, rejoinder, &c., Seld. Jud. 114-8 Grey's Deb. 233-Sach. Tr. 15-Jour. H. of Commons, 6 March, 1640, 1.

WITNESSES.

The practice is to swear the witnesses in open House, and then examine them there; or a committee may be named, who shall examine them in committee, either on interrogatories agreed on in the House, or such as the committee, in their discretion, shall demand.-Seld. Jud. 120, 123.

JURY.

In the case of Alice Pierce, 1 R. 2, a jury was empannelled for her trial before a committee.-Seld. Jud. 123. But this was on a complaint, not an impeachment by the Commons.-Seld. Jud. 163. It must have also been for a misdemeanor only, as the Lords Spiritual sat in the case, which they do on misdemeanors, but

not in capital cases.-Seld. Jud. 148. The judgment was a forfeiture of all her lands and goods.-Seld. Jud. 188. This, Seldon says, is the only jury he finds recorded in Parliament for misdemeanors, but he makes no doubt, if the delinquent doth put himself on the trial of his country, a jury ought to be empannelled; and he adds that it is not so on impeachment by the Commons; for they are in loco proprio, and here no jury ought to be empannelled. Id. 124. The Lord Berkley, 6, E. 3, was arraigned for the murder of, L. 2, on an information on the part of the King, and not on impeachment of the Commons; for then they had been patria sua. He waived his peerage, and was tried by a jury of Glouces tershire and Warwickshire.-Id. 125. In one, 1 H. 7, the Commons protest that they are not to be considered as parties to any judgment given or hereafter to be given in Parliament.-Id. 133. They have been generally, and more justly considered, as is before stated, as the grand jury. For the conceit of Seldon is certainly not accurate, that they are the patria sua of the accused, and that the Lords do only judge, but not try. It is undeniable that they do try. For they examine witnesses as to the facts, and acquit or condemn according to their own belief of them. And Lord Hale says, "the Peers are judges of law as well as of fact." 2 Hale, P. C. 275. Consequently of fact as well as of law.

PRESENCE OF COMMONS.

The Commons are to be present at the examination of witnesses.-Seld. Jud. 124. Indeed, they are to attend throughout, either as a committee of the whole House: or otherwise, at discretion, appoint managers to conduct the proofs.-Rushw. Tr. of Straff. 37-Com. Journ. 4 Feb. 1709, 10-2 Wood. 614. And judgment is not to be given till they demand it.-Seld. Jud. 124. But they are not to be present on impeachment when the Lords consider of the answer or proofs, and determine of their judgment. Their presence, however, is necessary at the answer and judgment in cases capital-Id. 58, 159, as well as not capital, 162. The Lords debate the judgment among themselves. Then the vote is first taken on the question of guilty or not guilty; and if they convict, the question, or particular sentence, is out of that which seemeth to be most generally agreed on.—Seld. Jud. 167— 2 Wood. 612.

JUDGMENT.

Judgments in Parliament, for death, have been strictly guided per legem terræ, which they cannot alter; and not at all according to their discretion. They can neither admit any part of the legal judgment, nor add to it. Their sentence must be secundum, non ultra legem.-Seld. Jud. 168, 169, 170, 171. This trial, though it varies in external ceremonies, yet differs not in essentials from criminal prosecutions before inferior courts. The same rules of evidence, the same legal notions of crimes and punishments, prevail. For impeachments were not framed to alter the law, but to carry it into more effectual execution against too powerful delinquents. The judgment, therefore, is to be such as is warranted by legal principles or precedents.-6 Sta. Tr. 14-2 Wood. 611. The Chancellor gives judgments in misdemeanors; the Lord High Steward, formerly, in cases of life and death.-Seld. Jud. 180. But now the Steward is deemed not necessary.-Fost. 144.-1 Wood. 613. In misdemeanors, the greatest corporal punishment hath been imprisonment.-Seld. Jud. 184. The King's assent is necessary in capital judgments, (but 2 Wood. 614, contra,) but not in misdemeanors.-Seld. Jud. 136.

CONTINUANCE.

An impeachment is not discontinued by the dissolution of Par liament; but may be resumed by the new Parliament.-T. Ray, 383-5 Com. Jour. 23 Dec. 1790.-Lord's Jour. May 16, 1791-2 Wood. 618.

INDEX

TO

JEFFERSON'S MANUAL.

Absence, not allowed without leave,.

provision in case of,

Address, how presented,

Adhere, question discussed,

effect of a vote to,

should be two conferences before vote to,
Adjournment, motion for, cannot be amended,.
rules and regulations in respect to.,..
a question is removed by,.

of the session, all unfinished business falls,..
of the session, modes and manner discussed,
to be declared by the Speaker,....

for more than three days by concurrent votes,.
provision for disagreement respecting,..
effect of, on business pending,..

Amendment to Bills-See also Bills,.
proceedings in relation to,...

how to be reported, .

fall on recommitment,..

in the third degree not admissible,

discussion of the nature and coherence of,

Speaker cannot refuse to receive because inconsistent,

may totally change the subject,...........

if House refuse to strike out a paragraph it cannot be amended,..

a new bill may be engrafted on another,

mode of poceeding on amendments between the Houses,.

made in committee of the whole, falls by reference,.

proposed, inconsistent with one adopted may be put,

may be amended, prior to adoption but not after,

(proposed,) by striking out, and lost, the paragraphs proposed to

be stricken out cannot be amended,

not identical or equivalent to one lost, may be proposed,.
by insertion, how far liable to further amendment,.

Apportionment of representatives, table of,

108

103

104, 105

144

145

154

162

161, 162

143

162

162

162

162

162

162

124, 125

124, 125
125

125

184, 154

133, 138

138

189

139

189

155, 156

126

13S

140

139

139

140

101

Appropriation, made by resolution, Arrest, definition of privilege from,.. terminates with the session,..

Assault and Affrays in the House, how settled,..
Assent to bills, by the executive, regulations respecting,
Ayes and Noes, how questions are determined by,.

no member to vote if not present,

Bills, engrossed, must not be looked into,

to be fairly written, or speaker may refuse them, amendments fall, if recommitted,..

a particular clause may be recommitted,

amendments, how proceeded with,

amendments fall if referred to committee,. proceedings on second reading,.

time for attacking or opposing,.

what constitutes possession,.

one bill may be engrafted on another,.

one House may pass with blanks and be filled in the other,

on third reading, forms observed,

on third reading may be committed,.

......... .....

on third reading, amended by riders,.

[blocks in formation]

121

121

121

153 154

158

159

158

158

159

154

155

155

126

151

151, 152

151

151

on third reading, blanks filled,
cannot be altered after passage,.
new, concerning their introduction,.
to receive three readings, &C.,
how brought in on notice and leave,
forms in introducing,

not amended at first reading,..
proceedings on the second reading,
how and to whom committed,

......

........

..........

shall be read twice before commitment,
not to be referred to avowed opponents,..
referred, may be delivered to any of the committee,
amendments between the Houses, mode of proceeding,.
by whom to be taken from House to House,

may be specially commended to notice of the other House,.
rejected, course to be pursued,...

if one House neglects a bill, the other may remind of it,.
how to be enrolled, signed and presented to President,.

amendments cannot be receded from or insisted on, by the
amending House, with a further amendment,

amendment to an amendment has precedence over a motion to
agree or disagree,

amendments to amendments, how far admissible,
proceedings upon in committee of the whole, &c.,.

.............

titles, when made, ...

reconsideration, when and how the question may be moved,
reconsideration, at what time to be moved,..
reconsideration, effect of a vote for,

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