that no man had a right to speak against the determination of the House, unless he meant to conclude with a motion for rescinding such determination (7). But while a proposition is still under consideration-is still in fieri— though it has even been reported by a Committee, reflections upon it are no reflections on the House (m). opinion of the pending. It is highly disorderly to repeat any opinion, or pre- Or to report tended opinion of the King, on any proceeding depending King on matters in either House, with a view to influence the House thereby (n)—or to speak of the King irreverently or seditiously (o). reports. Rules. No Member should be called upon by another to state Newspaper whether a Report in a newspaper of certain expressions made use of by him, be correct or not (p). Walking up and down the House, standing on the floor Disregard of (q), in the passages, or in the gallery, taking books or papers from the table, or writing there, to the interruption of the Clerks, are instances of disregard of rules. ing between the Chair and a Member that is speaking, or between the Chair and the table, or between the Chair and the mace when the mace is taken off the table by the Serjeant, are disorderly proceedings. Cross No person,. in speaking, is to mention a Member then present by his name, but to describe him by his seat in the House, the place he represents, or "who spoke last," &c. (r)-nor to digress from the matter to fall upon the person (s), by speaking reviling, nipping, or unmannerly words against any particular Member (t). The consequences of a measure may be reprobated in strong terms, be imputed in but to arraign the motives of those who propose or advo (7) Rushw. p. 3, fol. 42. (m) 9 Grey, 508. 2 Hats. 251, 6. 2, ch. 3. (q) Scob. 6; 3 Grey, 403. (s) Hale of Parl. 133; Scob. 31. Motives not to Debate. Order in Debate. Excepting against certain words of a Member. Punishment of such words. Words of heat. cate it, is against order, and should be suppressed by the Speaker (v). No one is to disturb another in his speech by hissing, coughing, or spitting (w), speaking or whispering to another (x), or any other interruption (y). Nevertheless, if a Member find that it is not the inclination of the House to hear him, and that by conversation, or other disturbances, they endeavour to drown his voice, it is his most prudent course to submit to the pleasure of the House, and sit down; for it scarcely ever happens that they are guilty of this piece of ill manners without sufficient reason; or inattentive to a Member who says anything worthy their attention (2). If, in the debate, words are let fall which give offence, the person excepting against them must do so immediately (a) on the conclusion of the speech, but not before (b), by repeating them aloud, and the Speaker must desire the Clerk to take them down. If there be any doubt as to the precise words, the sense of the House is to be taken upon them; and in case the Member using them desire it, or the House command it, he is to explain himself, which, if he refuse to do, or the House be not satisfied with his explanation, then he is to withdraw (c). The Speaker then states the offence committed, and the sense of the House is taken upon the subject (d). When words of heat or contumely escape any Member, the Speaker should not permit them to pass unnoticed; and, on his observing them, the Member offending must make an apology, in as general terms as possible, so that it may include the person of whom the words were used. When Members have deviated into warm and personal (v) S. O. H. of C. 19 April, 1604. (b) 5 Grey, 356; 6 Grey, 60. (20) 6 Grey, 332; D'Ewes, 640, col. 1. (y) Town. Col. 205. (a) C. J. v. 68, p. 322. (c) Scob. 81. altercation, the House frequently requires from them assurances that they will not proceed further in the business (e); or orders them to attend the Speaker, who is to accommodate their differences, and report to the House thereon (ƒ), and they are put under restraint if they refuse, or until they do (g). from rules. It has been observed, that nothing tends more to throw Evil of departure power into the hands of the majority than a neglect or departure from the rules of the House. The forms of proceeding have been, in many instances, a shelter and protection for the minority. Member. The House having considered the offence committed by Reprimanding a a Member to be worthy of reprimand, after the debate is over he is called to the Bar, where, commonly on his knees, he receives a reprimand from the Speaker (h); and if the offence be great, he is expelled the House, or sent to the Tower (i), and sometimes both. and Release of If a Member be imprisoned by order of the House for a Imprisonment term uncertain, a motion is generally made by one of his Members. friends, at the expiration of a few days, that he be discharged upon payment of the required fees to the Sergeantat-arms; but if no such motion be made, or if it be reject ed, he remains confined until the prorogation of parliament, beyond which the power of the Commons to imprison does not extend. bers. The House has, besides this, always exercised the Expelling Mempower of expelling its members, for libel upon themselves, or upon complaint or proof of any crime in him (k); and Blackstone lays it down as a rule (1), that a person can be incapacitated for that parliament by a vote of the House (e) 5 Grey, 289; C. J. 13 April, 1813. (g) 9 Grey. 235, 312, (i) C. J. 4 Dec. 1717. (f) 3 Grey, 419. (h) C. J. v. 65, p. 136. (k) Whitelock, 102. See instances in L. J. 3 May, 1620; 13 May, 1624; 26 May, 1725; and in C. J. 14 Feb. 1580; 21 June, 1628; 9 Nov. & 21 Jan. 1640; 6 Mar. 1676; 6 Mar. 1711; 17 Feb. 1769. (1) 1 Bl. Com. 176. Proceedings if privilege of one by a Member of the other. of Commons, and for ever by an act of the Legislature (m). But, with respect to the former part of this, it would seem that he over-rates the power of the House of Commons, for, some years after the case of the expulsion of Wilkes (when it was declared that having been expelled, he was no longer eligible for that parliament (n), ) it was ordered ́ that all the Resolutions, orders, &c. with respect to him. should be expunged from the Journals, as being subversive of the rights of the whole body of electors of England (o). Thereby implying, that although a member may, for any crime or other offence, be expelled the House, yet he may be re-elected by his constituents, if they, with a full knowledge thereof, think proper to do so. Thus each House may be said to exercise unlimited house be violated power over its own members, but in the event of a breach of their privileges by a member of the other House, the mode of proceeding is, to examine into the fact, and then lay a statement of the evidence thereon before that House of which the person complained of is a member, that they may, in their discretion, determine upon his offence. For neither House can take upon themselves to redress any Of proceedings injury, or punish any breach of privilege offered to them between the two by any member of the other House. The leading prin Houses. ciple which appears to pervade all the proceedings between the two Houses of Parliament is, that there shall subsist a perfect equality with respect to each other, and that they shall be, in every respect, totally independent one of the other. Where the cause of complaint is words spoken by a member of either House, reflecting upon the other House, or upon any of its members, it appears from other House, &c. the several instances to be extremely difficult to obtain redress, not only from the difficulty of ascertaining the exact expression, and the meaning which it is intended Disorderly to reflect upon during debate. they shall convey, but because it is the practice of the House of Commons, that if exception be not taken against the expressions at the time, they cannot afterwards be called in question, even by the House itself. And therefore, it is the more incumbent upon the Speaker to interfere immediately, and not permit such expressions to pass unnoticed. Where offending persons are in custody by order of Offenders in the Custody of the either House, it is not consistent with the independent other House. equality which subsists between the two Houses for the other to interfere, but if they have occasion for the presence of the person so committed, leave is usually asked of the House that he may be brought before them for examination (p). draw if concern No member may be present in the House when a Bill, Member to withor any other business concerning himself is debating (q); ed in debate. while the Bill is but reading or opening, he may. And if he appear to be "somewhat" concerned in a question he must not vote upon it (7). If a charge against any member be clear and definite, as being contained in a Report, or made by a witness during an examination in the House (s), or founded on any previous proceeding (t), the member accused, knowing from that to what points he is to direct his exculpation, is to be heard in his place and to withdraw before any question is moved thereon, as in Mr. Walpole's case (v); a decision which has been uniformly supported since (w). But where the question itself is the charge, as for any breach of the orders of the House, or for any matter that has arisen in the debate, the charge must be stated, that is, the question moved, before he withdraws. The Member is (w) See Mirror of Parliament, 1837-8, v. 3, p. 2159.-O'Connell's case. When to withdraw. |