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. T., 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. 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.. Adjournment, motion for cannot be amended.. of the session, all unfinished business falls for more than three days by concurrent votes.. Amendment to Bills-See also proceedings in relation to how to be reported. fail on recommitment may totally change the subject..... 102 a new bill may be engrafted on another if House refuse to strike out a paragraph it cannot be amended.... 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 (proposed) by striking out, and lost, the paragraph proposed to be 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.. not identical or equivalent to one lost, may be proposed. 102 93 93 102 102 102 102 102 74 B. Bills, engrossed, must not be looked into... to be fairly written or Speaker may refuse them. one House may pass with blanks and be filled in the other........ 104 Bills, on third reading, forms observed on third reading, may be committed. on third reading, blanks filled.. 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 amendments between the Houses, mode of proceedings.. may be specially commended to notice of the other House. Page. 93, 106 107 107 107 108 88 89 89 90 112, 114 116 116 116 if one House neglects a bill, the other may remind of it... 117 117 amendments cannot be receded from or insisted on, by the amending House, with a further amendment ... 114 amendment to an amendment has precedence over a motion to agree or disagree.... reconsideration, when and how the question may be moved.. 111 (rejected) relating to their being brought in during the same session. 111 112 originating in one House, rejected in the other, may be renewed in the rejecting House 112 expedient for remedying omissions in 112 mode of proceeding, when founded on facts requiring an explanation.... 112 effect of a vote to insist or adhere. .... 113 conference upon, at what stages, and by whom asked 113 papers relating to, to be left with the conferees of the House acceding to the conference. 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 bills may be passed with, and filled in other House construction of the rule in filling.. Breach of peace, mode of proceding on charge of. Bribery, (Randall & Whitney's case) breach of privilege. 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 election of Speaker. Committee, cannot inquire concerning their members. must not sit when the House is in session... may elect chairman manner of procoeding in .................. 103 103 107 103 72 69 80, 81 80 75, 76 69 77 78 110 76 94 104 116 INDEX TO JEFFERSON'S MANUAL. 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 for meeting.. ..... majority of to constitute & 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.. when they may sit during recess.. ....... Page. 77, 89 79, 92 79, effect of a reference to, when a bill has been amended in Committee of the Whole.. may elect their Chairman Speaker may resume Chair if in great disorder. manner of doing business, in Senate proceedings in..... irregularly dissolved cannot adjourn.. report proceedings 78, 89, 90 subjects which have passed through may be referred to special com- mittee 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.. Count of the House, may be called (See Division of the House.) Covered, when members are not to be D. 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.. disorderly words not noticed until the member has finished.. members concerned or implicated by the subject of, ought to with- Decorum, points, (see Debate) .. 82, Defamatory publications, breach of privilege. Disorder in Committee of the Whole, Speaker to resume the Chair if great 79 84, Disorderly words, how and when taken down Division of the House, practice in ascertaining.. 108 of questions discussed 104 Doors, rule respecting their being closed 86 onght not to be shut, to be kept by persons appointed.. 86 Duel, challenge to, breach of privilege.. 9-MANUAL. 69 |