ment for writing or speaking, the particular words need not be specified.-Sach. Tr., 325- Woodd., 602, 605--Lords' Jour., 3 June, 1701-1 Wms., 616. APPEARANCE. If he appears, and the case be capital, he answers in custody, though not if the accusation be general. He is not to be committed but on special accusations. If it be for a misdemeanor only, he answers, a Lord in his place, a Commoner at the bar, and not in custody, unless, on the answer, the Lords find cause to commit him till he finds sureties to attend, and lest he should fly.--Seld. Jud., 98, 99. A copy of the articles is given him and a day fixed for his answer.-T. Ray., 1. Rushw., 268-Fost., 232--1 Clar. Hist. of the Reb., 379. 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 Lords' 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, etc. 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 empanneled 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 empanneled; 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 empanneled. 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 an 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. --1d., 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 and 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., 37Com. 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 Woodd., 612. JUDGMENT. Judgments in Parliament for death, have been strictly guided per legem terra, 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 misdemeanor; 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 corporeal 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 Parliament, but may be resumed by the new Parliament.-T. Ray, 383— 5 Com. Jour. 23 Dec. 1790.-Lord's Jour. May 16, 1691.-2 Wood., 618. INDEX TO JEFFERSON'S MANUAL. of the session, all unfinished business fall.. effect of a vote to...... 21 21 should be two conferences before vote to..................................................................................................................... 59 Adjournment, motion for cannot be amended............................................... rules and regulations in respect to........................ a question is removed by of the session, modes and manner discussed.. to be declared by the Speaker for more than three days by concurrent votes..................................................................................................... effect of, on business pending.......... fall on recommitment........ in the third degree not admissible.. discussion of the nature and coherence of.. 44, 48 Speaker cannot refuse to receive because inconsistent..................................................... if House refcse to strike out a paragragh it cannot be amended................................... mode of proceeding on amendments between the Houses. made in committee of the whole, falls on reference.............................................. .............................. may be amended, prior to adoption but not after not identical or equivalent to one lost, may be proposed Assault and Affrays in the House, how settled Ayes and Noes, how questions are determined by... Apportionment of representatives, table of......... Appropriation, made by resolution......................................................................................................... Assent to bills, by the executive, regulations respecting.... no member to vote if not present....... Bills, engrossed, must not be looked into......... to be fairly written, or Speaker may refuse them a particular clause may be recommitted ................................................................................................................... amendments fall if referred to committee...................................................... ................ one House may pass with blanks and be filled in the other .................................................... Bills, on third reading, amended by riders........................................................................ on third reading, blanks filled cannot be altered after passage...... new, concerning their introduction....... to receive three readings, etc...... how brought in on notice and leave..... 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.... by whom to be taken from House to House may be specially commended to notice of the other House if one House neglects a bill, the other may remind of it.... 54 54 54 83 33 33 ..34, 39 amendments cannot be receded from or insisted on, by the amending amendment to an amendment has precedence over a motion to agree or amendments to amendments, how far admissible proceedings upon in committee of the whole, etc.............................................................................. rǝconsideration, when and how the question may be moved. reconsideration, effect of a vote for ........ (rejected) relating to their being brought in during the same session originating in one House, rejected in the other, may be renewed in the rejecting House..... expedient for remedying omissions in........ mode of proceeding, when founded on facts requiring an explanation........ 58 conference upon, at what stages, and by whom asked..... 60, 61 papers relating to, to be left with the conferees of the House acceeding to the conference........... !..................... • enrolling proceeding when disaproved...... not returned in ten days, to be laws, unless an adjournment intervene...... 64 bills may be passed with, and filled in other House.. may be filled in engrossed bills construction of the rule of filling..... Breach of Peace, mode of proceeding on charge of..... a settled order in its arrangement useful............ of committee of the whole, may be elected... Change of Vote, right to Clerk, puts the question before the election of Speaker to read standing numbers the sections may correct his errors Committee, cannot inquire concerning their members ................................................................. must not sit when House is in session 66 16 22 22, 34 a member elect, though not returned, may be appointed on ..................... forms and proceedings in........................... |