Rush. 274. 2 Rush. 1374. 12 Parl. Hist. 442. 3 Lords' Journ. 13 Nov. 1643. 2 Wood. 607. But he cannot plead a pardon in bar to the impeachment. 2 Wood. 615. 2 St. Tr. 735. Replication, Rejoinder, &c. There may be a replication, rejoinder, &c. Seld. Jud. 114. & Grey's Deb. 233. 8 Sachev. Tr. 15. Journ. H. of Commons, 6 March, 1640.... 1. 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 interrugatories agreed on in the House, or such as the committee in their discretion shall demand. Jud. 120, 123. Seld. Jury. In the case of Alice Peirce, 1 R. 2. a jury was impanueled 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 capitai cases. Ib. 148. The judgment was a forfeiture of all her lands and goods. Ib. 188. This, Selden says, is the only jury he finds recorded in Parliament for misdemeanors: but he makes no doubt, if the delinquent doth put himself on the trial of his country, a jury ought to be impanneled, 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 impannelled. Ib. 121. The Ld. Berkeley, 6 E. 3. was arraigued 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 waved his peerage, and was tried by a jury of Gloucestershire and Warwickshire, Ib. 125 But 4 Hats. 73, says he was a Commoner, and that there was no waiver of privilege. In 1 H. 7. the Commoners protest that they are not to be considered as parties to any judgment given, or hereafter to be given in Parliament. Ib. 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. Rush. Tr. of Straff. 37. Com. Journ. 4 Feb. 1709....10. 2 Wood. 614 And judg ment 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, ib. 158, 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 Wood. 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 cmit 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 prevail. 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 judgments 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 Wocd. 813. In misdemeanors, the greatest corporal punishment hath been imprisonment. Seld. Jud. 181. 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 16, 1791. 2 Wood. 618. AN ALPHABETICAL LIST OF THE COUNTIES OF THE STATE OF NEWYORK AND THE NAMES OF THE SEVERAL TOWNS IN EACH COUN TY, ALPHABETICALLY ARranged, undER THE NAME OF THE COUNTY. CITY AND COUNTY COUNTY OF BROOME. OF ALBANY. Albany (City,) Five Wards, Berkshire, Chenango, Lisle, Owego, Bethlehem, Bern, Coeymans, Union, |