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 Selden 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 particu. lar 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 imprison ment. 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; Lords' Jour., May 15, 1791; 2 Woodd., 618. INDEX. A. Page. 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 Bulls. how to be reported.. fail on recommitment 76 76 77 113 113 114 119 119 105 119 .119, 120 119 119 119 119 102 102 91 92 if House refuse to strike out a paragraph it cannot be amended. 102 102 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: not identical or equivalent to one lost, may be proposed. 93 93 102 102 (proposed) by striking out, and lost, the paragraph proposed to be Bills, engrossed, must not be looked into.. to be fairly written or Speaker may refuse them. a particular clause may be recommitted.. one House may pass with blanks and be filled in the other.. 104 referred may be delivered to any of the committee 89, 92 89 89 90 amendments between the Houses, mode of proceedings....... 112, 114 may be specially commended to notice of the other House.. 116 116 ...... 116 if one House neglects a bill, the other may remind of it. amendment to an amendment has precedence over a motion to 117 reconsideration, when and how the question may be moved.. 111 111 (rejected) relating to their being brought in during the same ses- sion. 112 originating in one House, rejected in the other, may be renewed in 112 expedient for remedying omissions in . 112 mode of proceeding, when founded on facts requiring an explana- conference upon, at what stages, and by whom asked 113 papers relating to, to be left with the conferees of the House acced- 115 enrolling 117 proceeding when disapproved.. 117 not returned in ten days, to be laws, unless an adjournment inter- vene.. 117 Blanks, longest time, largest sum first put 103 bills may be passed with, and filled in other House construction of the rule in filling.. Breach of peace, mode of proeeding on charge of. Bribery, (Randall & Whitney's case) breach of privilege. a settled order in its arrangement useful. Committee, cannot inquire concerning their members... must not sit when the House is in session.. may elect chairman manner of procoeding in 75, 76 69 77 78 110 76 94 104 116 77 ..... 77, 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... joint, how they act forms and proceedings in.. who shall compose. how appointed in Senate.. time and place for meeting..... majority of to constitute a quorum Committee of the Whole, great matters usually referred to.. their power over a bill have entire control over a report committed.. dissolved by a report.. how revived may be discharged from instructions.. 78, 89, 90 78 when they may sit during recess. effect of a reference to, when a bill has been amended in Committee subjects which have passed through may be referred to special com- particulars which attach to. Communications, confidential, to be kept secret... Common fame, a ground for proceeding Conferences, common to have two before vote to adhere. cannot alter anything upon which the House have agreed.. report of, cannot be amended or altered.. papers left with conferees of House agreeing to.. when, by which House, and what stages to be asked. Co-existing Questions, discussed. Counsel, may be heard on private bills and law points. (See Division of the House.) Covered, when members are not to be D. 121 114 115 114 115 115 115 105 80 108 85 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... 83 disorderly words not noticed until the member has finished.. 84 disorderly words, when taken down.. 84 proceedings of the House not to be noticed in. Decorum, points, (see Debate) members concerned or implicated by the subject of, ought to with- Defamatory publications, breach of privilege.. 69 Disorder in Committee of the Whole, Speaker to resume the Chair if great 79 ought not to be shut, to be kept by persons appointed. 86 Duel, challenge to, breach of privilege... 9-MANUAL. 69 |