His speech when elected. House may adjourn before being assembled in their own House, a member reminds When but one person is proposed, and no objection made to him, it has not been usual (k) to put any question to the House, but members proposing, conduct him at once to the chair. But if any objection be made, and any other person proposed, the sense of the House must be taken by a question thereon, which is put by the Clerk. On a division upon the question for Speaker, the House divides, as in committee, to the right and left, and tellers are appointed by the Clerk. As soon as the Speaker is chosen, and in the Chair, the Mace should be laid upon the table; for the House cannot proceed to the election of Speaker without the Mace (7). It has been usual for persons, when proposed to be Speaker, to decline the office "from a sense of their own insufficiency," and "even on the steps of the Chair to beg the House to excuse them" (m); at the same time it was the practice to request permission to plead his excuses and inability to discharge the office "in another place," and this the Speaker was wont to do upon being presented to the King. the ap If the House do not come to a decision upon pointment of Speaker the same day, the Clerk puts the Speaker chosen. question of adjournment (n). The House has debated and exchanged messages with the King for a week, without a Speaker, till they were prorogued (o). They have also done it de die in diem for fourteen days (p). in the middle of When a Speaker has, from continued illness, been una- Speakers elected ble to discharge the duties of his office, the House have a Parliament. discharged him, and elected another--as in the case of Sir John Cheney, 1 Henry IV., and Sir John Tyrrell, Jan. 27, 1656. Also, a Speaker, for having offended the House by an indiscreet speech, has been discharged (Stourton, 1 Henry V.) But Speakers so elected on vacancies should be presented to the King for his approval (q), but confine themselves to making their own excuses, and not re-demand the privileges, for that being a demand of right (r) should Speakers pro be made but once-at the beginning of a Parliament (s.) If the Speaker should be taken temporarily ill, or be necessarily engaged upon some important duty which renders his presence in the House impossible, it has been the practice to elect a Speaker pro tempore, to serve during his absence (t). Upon attentive examination of the usage in this respect, the correct mode of proceeding in such a case seems to be this. The gentleman proposed as Speaker pro tem., should be elected with all the formality of the other Speaker, and in like manner be conducted to the Chair, and there plead his insufficiency (v). He should receive all the honor and profit of the situation (w). If the absent Speaker return to his duties during the Session, the other should resign his seat to him without any formality, or notice thereof on the Journals (x.). And, if the real Speaker should die without retaking his seat, it would be necessary, provided the House desires to retain the other in his office, to re-elect him (y), he having been chosen merely pro tem. tempore. H Presentation to the King. For acceptance or refusal. Claims privileges. Freedom from Freedom of Being chosen, the Speaker is presented to the King in the House of Lords, and for form's sake, used to excuse or as it is more quaintly expressed "to disable himself" (z), and he still expresses a diffidence of his capacity to exercise so great a trust. To the Speaker's excuse the Chancellor was accustomed to reply in an answer of compliment and encouragement, but he now shortly informs the Commons that His Majesty approves their choice. But instances have occurred of the King exercising his prerogative in refusing to approve of the Speaker, or in accepting his excuses-as in the case of Sir John Popham, who pleaded his age, and was disallowed (a),—and the cases of Sir Edward Seymour (in 1678) and of M. Papineau, in Lower Canada, who were not accepted (b). The Speaker then claims from the King the ancient privileges of the Commons; "such petition, or prayer," says Hatsell," was considered as a public claim and notification "to the King and to the people of the privileges of the "House of Commons, solemnly made in order that no man might plead ignorance." (c) The privileges claimed are: 1. Freedom from arrest and disturbances. 66 The first Speaker who made this claim, was Sir Thomas Gargrave, anno 1 Elizabeth, although the privilege did always belong to the Houses of Parliament (d).—and also to servants of the members, until taken away by 10 Geo. III. ch. 50. For an account of this privilege see ante page 22, as to Peers-and page 34, as to Members of the House of Com mons. 2. Freedom of Speech in their own House. Thomas Moyle, Esq. is said to the first Speaker who made this claim-(33 Henry VIII). But, though not finally claimed, says Elsynge, neither was it ever denied them. This privilege, so essential to the very existence of a Growth of this free Council, was frequently cavilled at by the Courtiers Privilege. in the reigns of Queens Mary and Elizabeth, as intrenching upon the royal prerogative, and the House in general acquiesced too easily in these doctrines. 66 60 The Parliament of James I. justly anxious that a privilege so important should not be lost sight of, or suffered to be wrested from them by the hand of arbitrary power, made a solemn protestation to the King on the 18 Dec. 1621 (e), setting forth "That the liberties, franchises, privileges and jurisdictions of Parliament are the ancient “and undoubted birth-right and inheritance of the subjects “of England. * * * and that in the handling and proceed'ings upon the affairs of the realm, every member of the "House hath, and of right ought to have, freedom of speech "to propound, treat, reason and bring to conclusion the "same." The King, unwilling to acknowledge the existence of a principle, which, though one of the dearest constitutional rights of Britons, was totally inconsistent with his lofty ideas of monarchical supremacy, sent for the Journal book of the Commons, and with his own hand, tore the obnoxious document from its pages. This weak act was, however, futile, and while the principles contained in that document are now part of the acknowledged constitution of the realm—the tyrannical act of that monarch is remembered, but to be condemned. sion by the This indispensable privilege was expressly guaranteed Cases of its invaat the Revolution by the Bill of Rights. The instances Crowů. of its serious invasion principally occur, where they were chiefly to be apprehended, from the power of the Crown. Interference on the part of the executive would naturally be regarded with greater jealousy, than any stupid con (e) Commons Journals. 2 Rapin, 211, 212. By others. Free access to the King. Favorable construction on proceedings. Others formerly asked. tempt, or perverse obstruction from other quarters. Still It appears that the Commons ever enjoyed this privilege (i), but Richard Rich, Esq., anno 28 Henry VIII., is the first Speaker who is recorded as having made the petition. 4. That all their proceedings might receive a favorable construction (k). The Speaker who first made this petition is not recorded, although it appears that Sir John Cheney, anno 1 Henry IV., made a general request, that the Commons might enjoy all their ancient privileges and liberties, not naming any in particular; and he is noted to be the first on record to have made such a request (7). In addition to the usual claims, Sir Arnold Savage (5 Henry IV.) further asked of the King, in the name of the Commons, that they might freely make complaint of anything amiss in the Government; and that the King, by plaints might be the sinister information of any one (m), would not take offensively that which they should complain of,-which That their com graciously received. (h) Commons Journals, 18 James I., 12 Febr.; and see the case of Frower, |