Jury. In the case of Alice Pierce, 1 R., 2, a jury was impaneled for her trial before a committee. Seld. Fud., 123. But this was on a complaint, not on impeachment by the Commons. Seld. Fud., 163. It must also have been for a misdemeanor only, as the Lords spiritual sat in the case, which they do on misdemeanors, but not in capital cases. Id., 148. The judgment was a forfeiture of all her lands and goods. Id., 188. This, Selden 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 impaneled, and he adds that it is not so on impeachment by the Commons; for they are in loco proprio, and there no jury ought to be impaneled. Id., 124. The Ld. Berkeley, 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 Gloucestershire and Warwickshire. Id., 126. In 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 Selden 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. Fud., 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. Fourn, 4 Feb., 1709-10; 2 Wood, 614. And judgment is not to be given till they demand it. Fud., 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, 158 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. Fud., 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 omit any part of the legal judgment, nor add to it. Their sentence must be secundum non ultra legem. Seld. Fud., 168, 171. This trial, though it varies in external ceremony, yet differs not in essentials from criminal prosecutions before inferior courts. The same rules of evidence, the same legal notions of crimes and punishments, prevailed; for impeachments are 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 judg ment in misdemeanors; the Lord High Steward formerly in cases of life and death. Seld. Fud., 180. But now the Steward is deemed not necessary. Fost., 144; 2 Wood., 613. In misdemeanors the greatest corporal punishment hath been imprisonment. Seld. Fud., 184. The King's assent is necessary to capital judgments, (but 2 Wood., 614, contra,) but not in misdemeanors. Seld. Fud., 136. Continuance. An impeachment is not discontinued by the dissolution of Parliament, but may be resumed by the new Parliament. T. Ray, 383; 4 Com. Fourn., 23 Dec., 1790; Lords' Four., May 15, 1791; 2 Wood., 618. INDEX TO JEFFERSON'S MANUAL. A. Absence, not allowed without leave.... provision in cases of...... Accusation. Common fame a good ground to proceed by inquiry, Page. 119 119 question shall be: 1st to agree, 2d to disagree, 3d to recede, 4th to insist, 5th to adhere.... one House adhering, the other must recede or also.. where both Houses adhere the matter must fall..... there are instances of having gone to a second adherence. 164 174 174 174 should be two conferences before vote to.. the form fixed by adherence cannot be departed from by the House which adheres.... Adjournment, motion for, cannot be amended... rules and regulations in respect to.. 174 174 183 183 for more than three days, to be by concurrent votes. Amendment to bills, on reading of amendments to bills... in the third degree not admissible Page. 143 143 if House refuse to strike out a paragraph, it cannot be 158 if an amendment be agreed to it cannot be afterward 158 a new bill may be ingrafted on another... 158 174 175 a motion to amend an amendment of the other House on amendments between the Houses, question is: 1st - here 175 164 144 158 158 158 159 made in Committee of the Whole falls by a reference. Apportionment of Representatives, table of, from 1787 to 1893.... terminates with the session Arrest, discussion of privilege from.... Assault and affrays in the House, how settled Ayes and noes, how questions are determined by Assent to bills by the Executive, regulations respecting. no member to vote if not present... 116 136 109 134 130, 131 180 166, 169 170 B. Bills, engrossed, must not be looked into... 128 mistakes not to be corrected without the knowledge of the committee.... 128 not to be taken away or concealed 128 Bills, to be fairly written, or Speaker may refuse them.... introduction, reading, and commitment a particular clause may be recommitted Page. 137 137, 138 142 141 137 157-161 142 proceedings on second reading 138 time for attacking or opposing .... other... if second reading refused, the bill is rejected.. one bill may be ingrafted on another..... one House may pass with blanks and be filled in the on third reading, forms observed.... on third reading, may be committed.. 163 144, 164 158 161 165, 166 165 at the close of session no new bill, unless sent from the referred, may be delivered to any of the committee 139 amendments between the Houses, mode of proceeding. 174, 175 178 may be specially commended to notice of the other House.... 179 179 180 not to be enrolled in paragraphs, but solidly 180 amendments to, cannot be receded from or insisted on by 174 146 amendments to amendments between the Houses, how far 175 amendment to an amendment of the other House takes precedence of a motion to agree or disagree proceedings upon, in Committee of the Whole, etc. titles, when made... 175 140-142 171 |