Judgment. Judgments in Parliament, for death, have been strictly guided per legem terræ, which they can not 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. Jud., 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 judgment 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; 2 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 Parliament, but may be resumed by the new Parliament. T. Ray., 383; 4 Com. Journ., 23 Dec., 1790; Lords' Journ., May 15, 1791; 2 Woods., 618. INDEX TO JEFFERSON'S MANUAL Page Absence not allowed without leave.... provision in cases of------_. and even by.. Address, how presented.. Adhere, question discussed.. effect of a vote to.. 347 347 Accusation. Common fame a good ground to proceed by inquiry, 352 348 393 393 question shall be: 1st, to agree; 2d, to disagree; 3d, to 393 one House adhering, the other must recede or also____ 393 393 there are instances of having gone to a second adherence. 393 the form fixed by adherence can not be departed from 393 should be two conferences before vote to. 393 Adjournment, motion for, can not be amended. 414 rules and regulations in respect to- 413 a question is removed by... 392 of the session, all unfinished business falls...---- 430, 415 of the session, modes and manner discussed____ 413 to be declared by the Speaker____ 414 for more than three days, to be by concurrent Amendment to bills, the House can not recede from or insist on its own amendment with amendment.. Speaker can not refuse to receive, because inconsistent.---- Amendment, may totally change the subject.......... Page 405 386 386 if House refuse to strike out a paragraph, it can 387 if an amendment be agreed to it can not be after- 387 a new bill may be ingrafted on another. 386 mode of proceeding on amendments between the 404 a motion to amend an amendment of the other 406 an amendment of one House to a bill of the other 406 on amendments between the Houses, question is: 393 made in Committee of the Whole falls by a 372 proposed, inconsistent with one adopted, may be 386 may be amended prior to adoption, but not after_ 387 387 not identical or equivalent to one lost may be proposed_____ 387 by insertion, how far liable to further amend- Assault and affrays in the House, how settled... 359 Assent to bills by the Executive, regulations respecting- 411 396 400 to be fairly written, or Speaker may refuse them.... 365 time for attacking or opposing_ one bill may be ingrafted on another.. proceedings on second reading-- if second reading refused, the bill is rejected... one House may pass with blanks to be filled in the other. 365 392 374, 402 386 389 on third reading, forms observed----- 394 on third reading, may be committed for certain action.. 395 at the close of session no new bill, unless sent from the other House, to be brought in.. 362 to receive three readings, etc. -- 364 how brought in on notice and leave. proceedings on second reading.. how and to whom committed. shall be read twice before commitment.. not to be referred to avowed opponents.--- not to be enrolled in paragraphs, but solidly____ 32369-59-28 365 365 365 367 366 366 367 404 409 410 410 411 411 405 374 |