_Accusation._--The Commons, as the grand inquest of the nation, become suitors for penal justice.--2 _Woodd._ 597; 6 _Grey_, 356. The general course is to pass a resolution, containing a criminal charge against the supposed delinquent, and then to direct some member to impeach him by oral accusation, at the bar of the House of Lords, in the name of the Commons. The person signifies, that the articles will be exhibited, and desires that the delinquent may be sequestered from his seat, or be committed, or that the Peers will take order for his appearance.--_Sachev. Trial._ 325; 2 _Woodd._ 602, 605; _Lords' Jour._ 3 June, 1701; 1 _Wms._ 616; _Grey_, 324. _Process._--If the party do not appear, proclamations are to be issued giving him a day to appear. On their return they are strictly examined. If any error be found in them, a new proclamation issues, giving a short day. If he appear not, his goods may be arrested, and they may proceed.--_Seld. Jud._ 98, 99. _Articles._--The accusation (article) of the Commons, is substituted in place of an indictment. Thus, by the usage of Parliament, an impeachment for writing or speaking the particular words, need not be specified.--_Sach. Tr._ 325; 2 _Woodd._ 602, 605; _Lords' Journ._ 3 June, 1701; 1 _Wms._ 616. _Appearance._--If he appears, and the case be capital, he answers in custody; though not if the accusation be general. He is not to be committed but on special accusations. If it be for a misdemeanor only, he answers a Lord in his place, a Commoner at the bar, and not in custody, unless, on the answer, the Lords find cause to commit him till he find sureties to attend, and lest he should fly.--_Seld. Jud._ 98, 99. A copy of the articles is given him, and a day fixed for his answer.--_T. Ray_; 1 _Rushw._ 268; _Fost._ 232; 1 _Clar. Hist. of the Reb._ 379. On a misdemeanor, his appearance may be in person, or he may answer 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. Hist._ 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.