XXIII. disfranchised. In 1870, the boroughs of Bridgwater, Chapter Beverley, Sligo, and Cashel, and certain voters of the cities of Norwich and Dublin, were disfranchised by special Acts;1 and in 1871, certain other voters of Norwich were disfranchised. In 1876, after the reports of two commissions, an Act was passed forbidding an election for Norwich until the end of the Parliament, and disfranchising several persons for a period of seven years, in Norwich and Boston.2 133 & 34 Vict. cc. 21. 25. 38. 54. 239 & 40 Vict. c. 72; see also the Acts 44 & 45 Vict. c. 42; 45 & 46 Vict. c. 68, prohibiting elections for Boston, Canterbury, Chester, Glou- modern times. IMPEACHMENT by the Commons, for high crimes and mis- Rarity of impeach Impeachments are reserved for extraordinary crimes and Grounds of extraordinary offenders: but by the law of Parliament, all ment. persons, whether peers or commoners, may be impeached for any crimes whatever. com It was always allowed that a peer might be impeached for Peers and any crime, whether it were cognizable by the ordinary moners. tribunals or not: but doubts have been entertained, upon the authority of the cases of Simon de Beresford, in the 4th Edward III.,2 and of Fitzharris, in 1681, whether a commoner could be impeached for any capital offence. 1 The earliest recorded instance of impeachment by the Commons was in the reign of Edward III., 1376. During the next four reigns, cases of impeachment were frequent; but none occurred in the reigns of Edward IV., Henry VII, and VIII., Edward VI., Queens Mary and Elizabeth, Hallam, 1 Const. Hist. 357. In the reign of James I., the practice of impeachment was revived. Between 1620, when Sir Giles Mompesson and Lord Bacon were impeached, and the Revolution, 22 Rot. Parl. 53, 54; 3 Edward III. XXIV. The authority of the cases of Simon de Beresford and Chapter of Fitzharris has been superseded.1 When on the 26th Case of Sir June, 1689, Sir Adam Blair and four other commoners and others, were impeached of high treason, the Lords, after receiving A. Blair Commence. ment of proceedings. Articles of impeach ment. and considering a report of precedents, including that of It rests, therefore, with the House of Commons to deter- A committee is appointed to draw up the articles, and on their report, the articles are discussed, and, when agreed to, are ingrossed and delivered to the Lords, with a proviso that the Commons shall be at liberty to exhibit further articles from time to time. The accused sends answers to each article, which, together with all writings delivered Judicature of Parliament, 3 Seld. Works, part ii. 1589; see also Lord Hale, Jurisd. of the Lords, c. 16; 4 Hatsell, 60, n., 84. 163. 187. 216, n.; 2 Hallam, Const. Hist. 144; Sir R. Belknap and others, and Simon de Beverley and others, 1383, 3 Rot. Parl. 238. 240; 13 L. J. 755; 8 Howell's St. Tr. 231-239; 2 Burnet, Own Times, 280; 4 Hans. Parl. 3 Hist. 1333; 8 Howell's St. Tr. 326; Chapter in by him, are communicated to the Commons by the XXIV. taken into If the accused be a peer, he is attached or retained in Accused custody, by order of the House of Lords; if a commoner, custody. he is taken into custody by the Serjeant-at-arms attending the Commons, by whom he is delivered to the gentleman usher of the Black Rod, in whose custody he remains, unless he be admitted to bail by the House of Lords, or be otherwise disposed of by their order.2 summoned. The Lords appoint a day for the trial, and in the mean Managers time the Commons appoint managers to prepare evidence appointed. and conduct the proceedings, and desire the Lords to sum- Witnesses mon all witnesses, who are required to prove their charges.3 The accused may have summonses issued for the attendance of witnesses on his behalf, and is entitled to make his full defence by counsel.1 be confined articles. The trial has usually been held in Westminster Hall, The trial. which has been fitted up for that purpose. In the case of peers impeached of high treason, the House of Lords is presided over by the lord high steward, who is appointed by the Crown, on the address of their lordships; but, at other times, by the lord chancellor or Lord Speaker of the House of Lords. The Commons attend the trial, as a com- Charges to mittee of the whole house, when the managers make their to the charges, and adduce evidence in support of them: but they are bound to confine themselves to charges contained in the articles of impeachment. Mr. Warren Hastings complained, by petition to the House of Commons, that matters of accusation had been added to those originally laid to his charge, and the house resolved that certain words ought not to have been spoken by Mr. Burke. When the case has been completed by the managers, they are answered by the counsel for the accused, by whom witnesses are also examined, if necessary; and, in conclusion, the managers, as in other trials, have been allowed a right of reply. 120 L. J. 297; 18 C. J. 391; 61 ib. 164. 220 L. J. 112; 27 ib. 19; 16 C. J. 242; 42 ib. 793. 796; 37 L. J. 714. 361 C. J. 169. 224. 20 Geo. II. c. 30; 45 L. J. 439. 5 45 ib. 519. 644 C. J. 298. 320. Lords determine if the accused XXIV. When the case is thus concluded, the Lords proceed to Chapter determine whether the accused be guilty of the crimes with be guilty. which he has been charged. The lord high steward puts to each peer, beginning with the junior baron, the question upon the first article, whether the accused be guilty of the crimes charged therein. Each peer, in succession, rises in his place when the question is put, and standing uncovered, and laying his right hand upon his breast, answers "guilty," or "not guilty," as the case may be, "upon my honour." Each article is proceeded with separately, in the same manner, the lord high steward giving his own opinion the last.1 The numbers are then cast up, and, being ascertained, are declared by the lord high steward to the lords, and the accused is acquainted with the result.2 Commons demand If the accused be declared not guilty, the impeachment is judgment. dismissed; if guilty, it is for the Commons, in the first place, to demand judgment of the Lords against him; and they would protest against any judgment being pronounced until they had demanded it. The judg ment. 3 When judgment is to be given, the Lords send a message to acquaint the Commons that their lordships are ready to proceed further upon the impeachment; the managers attend; and the accused, being called to the bar, is then permitted to offer matters in arrest of judgment. Judgment is afterwards demanded by the Speaker, in the name of the Commons, and pronounced by the lord high steward, the lord chancellor, or Speaker of the House of Lords.1 The necessity of demanding judgment gives to the Commons the power of pardoning the accused, after he has been found guilty by the Lords; and in this manner an attempt was made, in 1725, to save the Earl of Macclesfield from the consequences of an impeachment, after he had been found guilty by the unanimous judgment of the House of Lords.5 1 Printed trial of Lord Melville, p. 402, 2 Ib. p. 413. 3 Commons' resolutions, Earl of Winton's and Lord Lovat's impeach ments, 18 C. J. 405; 25 ib. 320. 22 L. J. 556, 560; 27 ib. 78. |