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man of the Committee, as prescribed by the 9 Geo. IV. ch. 22, sec. 38.
You shall faithfully and truly take down in short-hand the evidence adduced before this Committee, and, from day to day, as occasion may require, transcribe, or cause the same to be transcribed, in words at length, for the use of the Committee.- So help you God.
XIII. Appendix XIII. The Speaker's Warrant for the production of Papers,
and Attendance of Witnesses. Whereas, by an order of the House of Commons, the the matter of the petition of complaining of an undue election and return for is appointed to be taken into. consideration by the House upon
at of the clock in the afternoon. These are, therefore, to requ you, and each and every of you to bring in your custody, (description of the papers, books, fc. required;) and with them to be and appear at the bar of the House of Commons upon the said
at of the clock in the afternoon, to receive and obey such further order as the said House shall make concerning the said petition, as you will answer to the contrary at your peril. Given under
C. M. S., Speaker.
Inasmuch as, by the advice and consent of our Privy
and the imminent dangers, laying aside all excuse, you be Appendix XIV. personally present, on the said day and place, with us and the prelates, bishops, and peers aforesaid, to treat and give your
advice on the said affairs; and this you are in nowise to omit, as you love us, our honour and safety, and the defence of the aforesaid kingdom and church, and the dispatch of the aforesaid affairs.
Witness Ourself at Westminster, the in the year of our reign.
Writ to a Sheriff on a General Election.
Appendix XV. Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, and so forth, To the Sheriff of the County of (Oxford), Greeting
Whereas, by the advice and consent of our Council, for certain arduous and urgent affairs concerning Us, the state and defence of our said United Kingdom, and the Church, we have ordered a certain parliament to be holden at our city of Westminster, on the ing, and there to treat and have conference with the prelates, great men, and peers of our realm: We command and strictly enjoin you, that (proclamation being made of the day and place aforesaid, in your next county court to be holden after the receipt of this our writ) two knights of the most fit and discreet of the said county, girt with swords, (and of the University of Oxford two burgesses, and of every city of that county two citizens, and of every borough in the same county two burgesses, of the most sufficient and discreet, freely and indifferently by those who at such proclamation shall be present, according to the form of the Statute in that case made and provided, you cause to be elected; and the names of those knights, citizens and burgesses so to be elected (whether they be present or absent,) you cause to be inserted in certain indentures to be thereupon made between you and those who shall be present at such election, and them, at the day and place aforesaid, you cause to come in such manner that the said knights, for themselves and the commonalty of the same county, and the said citizens and burgesses for themselves and the commonalty of the said universities, cities, and boroughs, respectively, may have from them
Appendix XV. full and sufficient power to do and consent to those things
which then and there by the common council of our said kingdom (by the blessing of God) shall happen to be ordained
upon the aforesaid affairs, so that, for want of such power, or through any improvident election of the said knights, citizens or burgesses, the aforesaid affairs may in no wise remain unfinished; willing, nevertheless, that neither
you nor any other sheriff of this our said kingdom be in anywise elected, and that the election in your full county so made, distinctly and openly, under your seal and the seals of those who shall be present at such election, you do certify to us in our Chancery, at the day and place aforesaid, without delay, remitting to us one part of the aforesaid indentures annexed to these presents, together with this writ.*
Witness Ourself, at Westminster, the in the
year of our reign.
1. The day when this writ is received is to be indorsed, and a receipt given to the person delivering it, at the time of delivery, expressing the day and hour of receiving it.
2. When returned, it is to be indorsed thus—" The execution of this writ appears in certain schedules horeunto annexed.-A. B. Sheriff.”
3. The writs to the sheriffs are all in the same form, except that in the above for Oxfordshire, and that for Cambridgeshire, there is a clause for the election of Members for the respective Universities.
* Every writ of summons formerly contained the following clause, kpown by the name of the “ Nolumus clause;"_"Nolumus autem quod tu aut aliquis alius “ Vicecomes regni nostri, aut apprentius, aut aliquis alius homo ad legem ali" qualiter sit electus.” The history of this clause is given by Lingard (Hist. of England, 4th vol. p. 170), from which it appears to have origioated in the following manner. Parliament, as the supreme court for the redress of all grievauces, as well of the state as of individuals, was then (as now) in the habit of receiving petitions froin all persons who complained of any kind of oppression. The number of petitions bad increased during the reign of Edw. III. to an enormous amount, when, in the year 1372, a singular species of fraud was discovered. Attorneys and barristers, practising in the courts of law, procured themselves to be returned knights of the shire, and took advantage of the opportunity to intro. duce the cases of their clients among the petitions which were presented to the king in the name of the lower house. To correct this abuse, it was enacted, that no practising lawyer should for the future be chosen knight of the shire, and that, if any such lawyer had been returned for that parliament, he should forfeit his wages. Accordingly, this new clause was first introduced in the writs of the 47 Edw. III., and was then omitted in those sent to the Cinque Ports; in the 49 Edw. III. it is to be found in all writs, except in that for Bristol ; in the 50 Edw. III, in all without exception; omitted again in the writ for Bristol, 1 Rich. II. ;,
XVI. Form observed by House of Commons in attending the Appendix XVI.
Coronation of Her Majesty Queen Victoria.
(Commons' Journals, 28 June, 1838.) PRAYERS. The House having met,
And the time being arrived for the House to proceed to be present at the solemnity of Her Majesty's Coronation, Mr. Speaker desired the members to take their places and to remain therein, until the names of their respective counties should be drawn, and then to go forth and proceed towards the Abbey; whereupon the members took their places accordingly:-Then the Clerk drew from a glass the name of one of the counties, and the members serving for that county, and for all the places within the same, rose from their places and went forth. Then the Clerk drew the name of another county, and the members went forth in the same manner; and the names of all the counties having been drawn, and all the members having gone forth, Mr. Speaker adjourned the House till to-morrow, and left the Chair.
And the House accordingly adjourned at half an hour after nine of the clock in the morning.
Mr. Speaker and the House then went in procession to Westminster Abbey, to a gallery directly over the altar, which had been provided for their accommodation, in the following order, viz :
Some of the Serjeant's Messengers went first,
Then the Members, two and two, according to the counties, as they were drawn.
after which year it was replaced, and the writs all continued uniform till the 12th year of that reign, when they underwent some alteration, and have continued in the form so altered until modern times, when that part of it which relates to lawyers, having always been a dead letter,t was at length omitted ; still leaving, however, the prohibition upon the return of Sheriffs to Parliament. But see, as to Sheriffs, ante p. 83.
+ Two attempts were made in the reign of Charles I. to exclude lawyers from the House of Commons, under the authority of this clause, but both proved unsuccessful. One was made by the army duriog the trial of that ill fated king (see Parl. Hist. v. 18, p. 527); and the other by the Long Parliament in 1649 (see Parl. Hist. v. 19, p. 226;
Appendix XVI. Mr. Speaker's Secretary.
The Serjeant, carrying the Mace, as usual, before Mr.
Mr Speaker sat in the centre of the gallery, in a chair
of this House were placed at the doors of the gal. lery in the Abbey, with orders that none but members should be let into the same; and the better to keep off the crowd, a platform and covered way were erected, from the Members' waiting room, across Saint Margaret's street, at the door of the Abbey in Poet's Corner, and several of the police were placed along the passages*.
PUBLIC BILLS. Appendix XVII. MOTIONS TO BE MADE DURING THE VARIOUS STAGES OF A BILL.
Motion for leave to bring in a Bill.
moves for leave to bring in a Bill to alter the mode of holding County Elections.)
The motions for its first reading, second reading, and committal, being questions of course, are made by the Speaker without a formal motion put, when the time appointed for the same has arrived. But if a member be desirous of bringing up a Bill out of its turn, the following inotion is required:
* This plan is similar (though with a few alterations) to that adopted by the House on the occasion of the Coronation of Queen Anne, and entered on the Journal book of the 230 April, 1702.