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though a form,
was granted by the King (n), and acted upon two years after (o).
And Sir John Tiptoft also, anno 7 Henry IV., asked Leave to amend further, that if any writing were delivered by the Commons during the Parliament, and they should desire to have it again to amend anything therein, it might be restored to them, which was granted (p); of which Hakewill says (9), that “never any Speaker did the like before or since.”
But it is sometimes the practice for the Speaker to make petition to the King in general terms, for all their ancient privileges (~).
Though the asking for their privileges by the Commons This asking, from the King, be now but a matter of form, yet the peo- should be obple, in addressing their Sovereign, should ever approach him with the reverence due to his station, and not demand of him their privileges as a right, or withhold asking for them because they deem them in their possession. Such a course was pursued by the Assembly of the Island of Jamaica, and the Governor very properly dissolved the Parliament (s).
On the return of the Commons to their Chamber, it is Speaker reports the duty of the Speaker to report his approval by the takes Oath. King, and that he had claimed and been allowed their ancient privileges. He then reminds the House that they must proceed to take the Oaths, if it be the beginning of a Parliament, taking them first himself (t).
II. His Rank, Salary, 8c.
Since the Parliamentary declaration of the rank of the His Rank, Speaker contained in the 1. Wm. and Mary ch. 21 " That
(n) Elsy. 181.
(0) Dwar. 72. (P) Rot. Parl. 7 Hen. IV.
(9) Hakew. 204. (r) Elsy. 170. (8) See Annual Register for 1765, p. 183. (t) C. J. v. 56, p. 7, &c.
“ Lords Commissioners for the office of Lord Chancellor “or Keeper of the Great Seal, shall have precedenice next “after the Peers of the realm, and the Speaker of the House • of Commons,” the Speaker has constantly taken place next to the Peers, both in Parliament and during the recess (v).
He is the great functionary of the Commons House ; indeed, this branch of the Legislature is in most respects entirely regulated by him.
His emoluments formerly did not amount to more than £3,000 per annum ; in consequence of which, some Speakers held, at the same time, Offices under the Crown; so sensible, however, did the House at length become of the inadequacy of the salary; and so justly jealous of the dependence of their Speaker upon the Executive part of the Government, that the sum was doubled (w), making his Salary together with his fees, amount to about £8,000 a year; but by the Statute 4 & 5 Wm. IV. ch. 70, his salary is reduced to £5,000.
In addition to this, the Speaker receives £1,000 of equipment money, and 2,000 ounces of plate,* immediately on his election; two hogsheads of claret wine, and £100 for stationary annually; besides a house, with extensive offices (w). During the Session he holds Parliamentary levees, which are attended by the Members, dressed in full court costume, with bag-wigs and swords,—and gives dinners in a princely style, for which he has a separate allowance; to which all the Members are, in turn, invited.
As to his authority in the appointment of the Officers of the House, see Chapter XVII. Officers, 8c. of both Houses,
(0) 2 Hats. 236.
(w) By 2 & 3 Wm. IV. ch. 105. (r) Key to both Houses, 846. * By a recent arrangement, the service of plate is to be considered his property only whilst he fills the situation, and on his retirement it is to be banded over to his successor.-Mirror of Parlt. 1835, p. 198.
question first.ee for the same Member, Maire, &c
III. His Duties generally.
1. To take the Chair, which he cannot do until there is a quorum; and to adjourn the House if there be not a quo- Chair. rum, without a question first put. Also, to resume the Chair in the midst of a Committee for the same reason.
2. To maintain order; to name a disorderly Member, Maintaining who then receives the censure of the House (y). [In Order, &c. what manner, &c. see Chap. IV. On Members (of the House of Commons).] Also, to thank and reprimand Members and other persons (2).
3. To make a plain and short narrative of the effect and to explain all objects of every Bill before the House, from a Breviate to be given him for that purpose, but not to dissuade or persuade.
4. To put the House in mind of the sitting of Commit- Remind the tees (a), and other things necessary for their information, and to state to the House whether any alterations that may be made by the Lords to a Money bill, come within the allowable limit (6).
5. To report to the House the King's speech; and to Speech on preaddress the King on delivering the Bills of Supply on the Bill. last day of the Session, or any bill for the particular service of the Crown during the Session (c). This speech may either be immediately arising out of the subject matter of the bill itself, or it may recapitulate the principal objects which have employed the attention of the Commons during their sitting (d). This speech is not entered upon the Journals unless by order of the House (e), neither are his speeches on reprimanding or thanking persons (f).
(y) See instances in C, J.5 May, 1641; 22 Jan. 1693; and 27 Feb. 1810.
(6) C. J. 22 June 1831. Ibid, 13 Sept. 1831. (6) 3 Hats. 145.
(d; Dwar. 244, 245, (e) Index, C. J. (Speaker). (f) 2 Hats. 235.
To present Addresses.
To issue Warrants during Recess for new Elections.
6. To present Addresses to the King, passed by the House. See Chapter XIII. On Addresses.
7. To issue his warrant* during the recess, upon due notice being given him by a certificate signed by two memberst, for the election of a new Member in the place of one who may vacate his seat by death, or the acceptance of a peerage ; but this is not to extend to any case where there is a petition depending for such vacant seat; or where the writ for the late member had not been returned fifteen days before the end of the last sitting of Parliament; or when the new writ cannot issue before the next meeting of the House for despatch of business (g). And by a later act (h), he may cause a writ to be issued for a new election in the place of a Member who has been declared a Bankrupt, and has not superseded the fiat of bankruptcy within twelve months after it is issued. These are the only cases provided for by statute; so, for any other species of vacancy, no writ can issue during a recess. And to prevent any impediment in the execution of these acts by the absence of the Speaker from the Kingdom, or by the vacancy of his seat, he must appoint, at the beginning of every Parliament, any number of Members, from three to seven, who shall have the same authority for this purpose, in his absence, as the Speaker himself (i).
The Speaker cannot give his opinion, or argue any question in the House, unless the numbers upon a division are equal, when he has a casting vote; and it is usual, in giving this vote, for the Speaker to state at the same time the reasons which influence his opinion. But if he is in the possession of any facts necessary for the information of the House, he may, with leave of the House, state
* For the form of the Speaker's Warrant for issuing Writ for New Election on a Vacancy, see Appendix I.
† For the form of this Certificate, see Appendix II.
them (k). And when he rises up to speak, the Member Speaking. standing up should sit down that he may be first heard (1).
In committee of the whole House he is not obliged to be present (m); and when he is, is considered as a private member, and has a voice accordingly.
The Speaker is the servant of the House, who is to cbey Sunmary of his implicitly the orders of the House (n), without åttending Duties. to any other commands. In matters of doubt, he is to explain (6), but not to sway. In matters of difficulty, or if he be referred to, to inform the House on a point of order or practice-it is his duty to state everything he knows from the Journals or the History of Parliament, but not to draw conclusions. In short, he has no voice,* but to declare the sentiments of the House when he has ascertained them; to collect faithfully the genuine sense of a numerous assembly, and “10 represent their conclusions *« with life, with lustre, and with full advantage” (p).
(%) 3 Grey, 38.
(1) Town. Col. 205; Hale's Parl. 133; and see Mirror of Parliament, 1837-8, p. 455.
(m) 2 Hats. 231.
* And the Speaker is said to be not only the mouth, but also the eyes and ears of the House. Hence the Speaker (Lenthall) replied to King Charles I. when commanded to disclose certain transactions in the House, “That he had neither “ eyes to see, ears to hear, nor mouth to speak, but as the House should direct