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. By the very latitude of the charge, the
Parliamentary accusation gives the prisoner fair notice to prepare
himself upon all points: whereas there seems something insnaring in the
proceedings upon indictment, which, fixing the specification of a day
certain for the treason or felony as absolutely necessary in the
charge, gives notice for preparation only on _that day_, whilst the
prosecutor has the whole range of time antecedent to the indictment to
allege and give evidence of facts against the prisoner. It has been
usual, particularly in later indictments, to add, "at several other
times"; but the strictness of naming one day is still necessary, and the
want of the larger words would not quash the indictment. 2dly, A
comparison of the extreme rigor and exactness required in the more
_formal_ part of the proceeding (the indictment) with the extreme laxity
used in the _substantial_ part (that is to say, the evidence received to
prove the fact) fully demonstrates that the partisans of those forms
would put shackles on the High Court of Parliament, with which they are
not willing, or find it wholly impracticable, to bind themselves. 3dly,
That the latitude of departure from the letter of the indictment (which
holds in other matters besides this) is in appearance much more contrary
to natural justice than anything which has been objected against the
evidence offered by your Managers, under a pretence that it exceeded the
limits of pleading. For, in the case of indict