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. 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, 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. Jud., 167; 2 Wood., 612. 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 Wood., 618. INDEX TO JEFFERSON'S MANUAL. A. Page. Absence not allowed without leave. provision in cases of.. Accusation. Common fame a good ground to proceed by inquiry, and even by... . . . Address, how presented... Adhere, question discussed. effect of a vote to. 127 ིཚོ ཚོཚནྡྲིནྡྲི 84 127 question shall be: Ist, to agree; 2d, to disagree; 3d, to 127 one House adhering, the other must recede or also..... 137 137 137 137 should be two conferences before vote to. 137 Adjournment, motion for, can not be amended. rules and regulations in respect to. 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. 138 120 120 if House refuse to strike out a paragraph, it can not 121 if an amendment be agreed to it can not be after- 121 120 a new bill may be ingrafted on another a motion to amend an amendment of the other House 137 138 138 on amendments between the Houses, question is: made in Committee of the Whole falls by a refer ence. proposed, inconsistent with one adopted, may be may be amended prior to adoption, but not after... 127 107 120 121 121 121 80 by insertion, how far liable to further amendment 120, 121, 122 Apportionment of Representatives, table of, from 1787 to 1900. Appropriation may be made by resolution Arrest, discussion of privilege from. terminates with the session.. Assault and affrays in the House, how settled.. Assent to bills by the Executive, regulations respecting. 100 71 98 94, 95 143 130-132 133 B. Bills, engrossed, must not be looked into 92 mistakes not to be corrected without the knowledge of the 91 |