_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 _R._ 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 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 empannelled: and he adds, that it is not so on impeachment by the Commons; for they are in _oco proprio_, and here no jury ought to be empannelled.--_Ib._ 124. The Lord Berkley, 6 _E._ 3, was arranged 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 waived his peerage, and was tried by a jury of Gloucestershire and Warwickshire.--_Ib._ 125. In one, 1 _H._ 7, the Common 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.--_Rushw. Tr. of Straff._ 37; _Com. journ._ 4 Feb. 1709, 10; 2 _Wood._ 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 or proofs, and determine of their judgment. Their presence, however, is necessary at the answer and judgment in cases capital.--_Ib._ 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 particular sentence, is out of that which seemeth to be most generally agreed on.--_Seld. Jud._ 167; 2 _Wood._ 612.