PARLIAMENT.
All the peers who have a right to sit and vote in Parliament, are to be summon ed at least twenty days before the trial of a peer indicted for treason or felony : the method of proceeding in which is, after the indictment is found, the King, by com mission under the great seal, appoints one of the peers, and generally the Lord Chancellor, " to be Lord High Steward, who in these cases sits as judge. In or der to bring the indictment before him, a certiorari is issued out of the Court of Chancery ; and another writ also issues for bringing up the prisoner, a precept being made for that purpose by the Lord High Steward, assigning a day, and the place of trial, and for summoning the peers, twelve of whom are at least to be present, and as many more as choose to be present. The day of trial being come, and the Lord High Steward being seated in his usual state, after the com mission is read, and the particular cere monies are over, his lordship declares to the prisoner at the bar the cause of their assembly, assures him of justice, and at the same time encourages him to answer Without fear ; on which the indictment is read over, and the prisoner arraigned ; when, after hearing all the evidence pro duced for the King, and the prisoner's an swer, the prisoner is ordered to withdraw from the bar, when the lords go to some place by themselves, to consider of the evidence ; and afterwards, being returned in order to give their verdict, the Lord High Steward openly demands of the lords, one by one, beginning with the puisne lord, whether the prisoner, calling him by his name, be guilty of the crime for which he is when, laying their right hand upon their left breast, they separate ly answer, either guilty, or not guilty, up on their honour ; and Wile be found gull ty by a majority of votes more than twelve, he is brought to the bar again, when the Lord High Steward acquaints the prison er with the verdict of his peers, and pass es sentence and judgment accordingly. It
has been adjudged, that where such trial is by commission, as above, the Lord High Steward, after a verdict given, may take time to advise upon it, and his of fice continues till he passes judgment.
A peer is not to be put upon any in quest, even though the cause has a rela tion to two peers ; but in trials where any peer is either plaintiff or defendant, there must be two or more knights returned on the jury. Where a peer is defendant in a court of equity, he is not to be sworn to his answer, but it may be upon his honour, as in the trial of peers: however, when a peer is to answer to interrogatories, or to make an affidavit, or is to be examined as a witness, he is to be sworn.