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, of the session, all unfinished business falls,.. for more than three days by concurrent votes,. Amendment to Bills-See also Bills,. 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,. 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, 125 125 184, 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,.. 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,. 121 121 121 153 154 158 159 158 158 159 154 155 155 126 151 151, 152 151 151 on third reading, blanks filled, not amended at first reading,.. ...... ........ .......... shall be read twice before commitment, may be specially commended to notice of the other House,. if one House neglects a bill, the other may remind of it,. amendments cannot be receded from or insisted on, by the amendment to an amendment has precedence over a motion to amendments to amendments, how far admissible, ............. titles, when made, ... reconsideration, when and how the question may be moved, |