A manual of parliamentary practice, composed originally for the use of the Senate of the United States. By Thomas Jefferson. With references to the practice and rules of the House of representatives. The whole brought down to the practice of the present time; to which are added the rules and orders, together with the joint rules of both houses of Congress. And accompanied with copious indices.

IMPEACHMENT. 11
in writing, or by attorney.- Seld. Jud. 100. The
general rule on accusation for a misdemeanor is, that
in such a state of liberty or restraint as the party is
when the Commons complain of him, in such he is to
answer.-Seld. Jud. 101. If previously committed
by the Commons, he answers as a prisoner. But this
may be called, in some sort, judicium parium suorum.
-Seld. Jud. In misdemeanors, the party has a right
to counsel by the common law; but not in capital
cases.-Seld. Jud. 102-5.
Answer. - The answer need not observe great
strictness of form. He may plead guilty as to part,
and defend as to the residue; or, saving all exceptions,
deny the whole, or give a particular answer to each
article separately.-1 Rush. 274; 2 Rush. 1374; 12
Parl. Iist. 442; 3 Lords' journ. 13 Nov. 1643; 2
Wood. 607. But he cannot plead a pardon in bar to
the impeachment.-2 Wood. 618; 2 St. Tr. 735.
Replication, rejoinder,.c.-There may be a replication, rejoinder, &c.-Seld. Jud. 114; 8 Grey's Deb.
233; Sach. Tr. 15; Journ. House 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 interrogatories agreed on in the
House, or such as the committee, in their discretion,
shall demand.-Seld. Jud. 120, 123.
Jury.-In the case of Alice Pierce, 1 B. 2. a jury
was empannelled for her trial before a committee.Seld. Jud. 123. But this was on a complaint, not
an 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 capital cases.-Seld. Jud.
148. The judgment was a forfeiture of all her lands
and goods. -- Seld. Jud. 188. This, Selden says, is