To the
first the Judges answered,--"_It is necessary_ that there be a _certain_
day laid in such indictments, on which the fact is alleged to be
committed; and that alleging in such indictments that the fact was
committed at or about a certain day would not be sufficient." To the
second they answered, "that, although a day certain, when the fact is
supposed to be done, be alleged in such indictments, yet it is not
necessary upon the trial to prove the fact to be committed upon _that
day_; but it is sufficient, if proved to be done _on any other day
before_ the indictment found."
Then it was "agreed by the House, and ordered, that the Lord High
Steward be directed to acquaint the prisoner at the bar in Westminster
Hall, 'that the Lords have considered of the matters moved in arrest of
judgment, and are of opinion that they are not sufficient to arrest the
same, but that the _impeachment_ is sufficiently certain in point of
time _according to the form of impeachments in Parliament_.'"[14]
On this final adjudication, (given after solemn argument, and after
taking the opinion of the Judges,) in affirmance of the Law of
Parliament against the undisputed usage of the courts below, your
Committee has to remark,--1st, The preference of the custom of
Parliament to the usage below.
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