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. Judd., 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. Seld. Judd., 100. The general rule on accusations 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. Ib. 101. If previously committed by the commons, he answers as a prisoner. But this may be called in some sort judicium parium suorum. Ib. 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; 1 Rush., 1374; 12 Parl. Hist., 442; 3 Lords' Jour., 13 Nov., 1643; Woodd., 607. But he cannot plead a pardon in bar to the impeachment. 2 Woodd., 615; 2 St. Tr., 735. Replication, rejoinder, &c. Jud., 114; 8 Grey's Deb. 233; 1640, 1. There may be a replication, rejoinder, &c. Sel. 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 empaneled for her trial before a committee. Seld. Jud., 123. But this was on a complaint, not on impeachment by the commons. Seld. Jud., 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 misdemeanor; but he makes no doubt, if the delinquent doth put himself on 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 empaneled. 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 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., 125. 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. Seld. Jud., 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, and 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 Woodd., 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 of 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 terræ, which they cannot alter; and not at all according to their discretion. They can neither omit any legal part of the 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 two powerful delinquents. The judgment, therefore, is to be such as is warranted by legal principles or precedents. 6 Sta. Tr., 14; 2 Woodd., 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 Woodd., 613. In misdemeanors the greatest corporal punishment hath been imprisonment. Seld. Jud., 184. The King's assent is necessary in capital judgments, (2 Woodd., 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; Lord's Jour., May 15, 1791; 2 Woodd., 618. INDEX. A. Absence, not allowed without leave.. provision in case of.. Address, how presented Adhere. question discussed. effect of a vote to should be to conferences before vote to. 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. Amendment to Bills-See also Bills proceedings in relation to... how to be reported.. fail on recommitment.. in the third degree not admissable. 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 Page 74 74 75 111 111 112 117 117 103 117 117, 118 117 117 117 117 99 99 99 91 97, 112 99 99 99 100 100 91 91 100 100 mode of proceeding on amendments between the houses. made in Committee of the Whole, falls on 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 paragraph proposed to be not identical or equivalent to one lost, may be proposed. Apportionment of representatives, table of... Appropriation, made by resolution.. Arrest, definition of privilege from.. terminates with the session.. Assaults and Affrays in the House, how settled. B. Bills, engrossed, must not be looked into.. to be fairly written, or Speaker may refuse them. one bill may be engrafted on another.. one House may pass with blanks and be filled in the other. 80 86 90 90 90 91 92 92 93 101 101 Page. Bills, on third reading, forms observed.. .91, 104 105 not to be referred to avowed opponents. on third reading, amended by riders. how brought in on notice and leave.. not amended at first reading. shall be read twice before commitment. referred may be delivered to any of the committee. amendments between the houses, mode of proceedings. by whom to be taken from House to House. may be specially commended to notice of the other House 105 105 106 86 86 86 86 86 87 .87, 90 87 87 87 .110, 112 114 114 114 if one House neglects a bill, the other may remind of it. 114 115 amendments cannot be receded from or insisted on, by the amend- amendment to an amendment has precedence over a motion to agree reconsideration, when and how the question may be moved. 109 109 (rejected) relating to their being brought in during the same ses- 109 originating in one House, rejected in the other, may be renewed in 110 expedient for remedying omissions in. 110 mode of proceeding, when founded on facts requiring an explana- 110 effect of a vote to insist or adhere.. 111 conference upon, at what stages, and by whom asked 111 papers relating to, to be left with the conferees of the House acceding not returned in ten days, to be laws, unless an adjournment inter- vene 115 Blanks, longest time, largest sum first put 101 bills may be passed with, and filled in other House.. 101 105 construction or the rule in filing. Breach of peace, mode of proceeding on charge of.. Bribery, (Randall & Whitney's case) breach of privilege. a settled order in its arrangement useful 101 70 67 .78, C. Call of the House, proceedings in case of.. Challenge, breach of privilege. Chairman, of Committee elected. of Committee of the Whole, may be elected Change of vote, right to Clerk, puts the question before election of Speaker. to read standing numbers the sections. may correct his errors Committee, cannot inquire concerning their members. must not sit when the House is in session. may elect chairman. manner of proceeding in. .73, 74 67 75 76 108 74 92 101 114 75 75 75 75, 76 Committee, members of the House may be present at their sittings. how they report amendments.. cannot sit in recess after Congress has expired.. a member elect, though not returned, may be appointed on. standing.. forms and proceedings in. joint, how they act.. who shall compose. how appointed in Senate. time and place of meeting. Page. 88 # 89 89 118 69 75 majority of to constitute a quorum. Committee of the Whole, great matters usually referred to. effect of a reference to, when a bill has been amended in Committee subjects which have passed through may be referred to special com- Conferences, common to have two before vote to adhere. 112 cannot alter anything upon which the House have agreed. when, by which House, and what stages to be asked 113. Co-existing Questions, discussed.. 103 Counsel, may be heard on private bills and law points. (See Division of the House.) Covered, when members are not to be 78 1C6 83 D. Debate, no one to speak impertinently, superfluously or tediously. the Speaker not allowed to engage in, except on points of order.. violation of order in, to be suppressed by the Speaker.. disorderly words not noticed until the member has finished.. members concerned or implicated by the subject of, ought to with- Decorum, points, (see Debate) 80, 83 Defamatory publications, breach of privilege Disorder in Committee of the Whole, Speaker to resume the Chair if great 77 ought not to be shut, to be kept by persons appointed.. 84 Duel, challenge to, breach of privilege... 67 |