as others may; but if their business is unfinished, they rise, on a question, the House is resumed, and the chairman reports that the committee of the whole have, according to order, had under their consideration such a matter, and have made progress therein; but not having had time to go through the same, have directed him to ask leave to sit again. Whereupon a question is put upon their having leave, and on the time the House will again resolve itself into a committee. Scob., 38. But if they have gone through the matter referred to them, a member moves that the committee may rise, and the chairman report their proceedings to the House; which being resolved, the chairman rises, the Speaker resumes the chair, the chairman informs him that the committee have gone through the business referred to them, and that he is ready to make report when the House shall think proper to receive it. If the House have time to receive it, there is usually a cry of "now, now," whereupon he makes the report; but if it be late, the cry is tomorrow, to-morrow," or "Monday," &c., or a motion is made to that effect, and a question put that it be received to-morrow, &c. Scob., 38.

66

In other things the rules of proceedings are to be the same as in the House. Scob., 39.

SEC. X.-EXAMINATION OF WITNESSES.

Common fame is a good ground for the House to proceed by inquiry, and even to accusation. Resolution House of Commons, 1 Car., 1, 1624; Rush, L. Parl., 115; 1 Grey, 16-22, 92; 8 Grey, 21, 23, 27, 45.

Witnesses are not to be produced but where the House has previously instituted an inquiry (2 Hats., 102), nor then are orders for their attendance given blank. 3 Grey, 51.

When any person is examined before a committee, or at the bar of the House, any member wishing to ask the person a question must address it to the Speaker or chairman, who repeats the question to the person, or says to him, "You hear the question-answer it." But if the propriety of the question be objected to, the Speaker directs the witness, counsel, and parties to withdraw, for no question can be moved or put or debated while they are there. 2 Hats., 108. Sometimes the questions are previously settled in writing before the witness enters. Ib., 106, 107; 8 Grey, 64. The questions asked must be entered in the journals. 3 Grey, 81. Bat the testimony given in answer before the House is never written down; but before a committee it must be, for the information of the House, who are not present to hear it. 7 Grey, 52, 334.

If either house have occasion for the presence of a person in custody of the other, they ask the other their leave that he may be brought up to them in custody. 3 Hats., 52.

A member, in his place, gives information to the House of what he knows of any matter under hearing at the bar. Jour. H. of C., Jan. 22, 1744-'45.

Either house may request, but not command, the attendance of a member of the other. They are to make the request by message to the other house, and to express clearly the purpose of attendance, that no improper subject of examination may be tendered to him. The House then gives leave to the member to attend, if he choose it; waiting first to know from the member himself whether he chooses to

ARRANGEMENT OF BUSINESS-ORDERS.

63

attend, till which they do not take the message into consideration. But when the peers are sitting as a court of criminal judicature, they may order attendance, unless where it be a case of impeachment by the Commons. There it is to be a request. 3 Hats., 17; Grey, 306, 406; 10 Grey, 133.

Counsel are to be heard only on private, not on public bills, and on such points of law only as the House shall direct. 10 Grey, 61.

SEC. XI.-ARRANGEMENT OF BUSINESS.

The Speaker is not precisely bound to any rules as to what bills or other matter shall be first taken up; but is left to his own discretion, unless the House on the question decide to take up a particular subject. Hakew., 136.

A settled order of business is, however, necessary for the government of the presiding person, and to restrain individual members from calling up favorite measure, or matters under their special patronage, out of their just turn. It is useful also for directing the discretion of the House, when they are moved to take up a particular matter, to the prejudice of others having priority of right to their attention in the general order of business.

SEC. XII.-ORDER.

In Parliament "instances make order," per Speaker Onslow. 2 Hats., 141. But what is done only by one Parliament cannot be called custom of Parliament; by Prynne. 1 Grey, 52.

SEC. XIII.-ORDER RESPECTING PAPERS.

The clerk is to let no journals, records, accounts, or papers be taken from the table or out of his custody. 2 Hats., 193, 194.

Mr. Prynne having at a committee of the whole amended a mistake in a bill without order or knowledge of the committee, was reprimanded. 1 Chand., 77. A bill being missing, the House resolved that a protestation should be made and subscribed by the members "before Almighty God and this honorable House, that neither myself nor any other to my knowledge have taken away, or do at this present conceal a bill entitled," &c. 5 Grey, 202.

After a bill is engrossed it is put into the Speaker's hands, and he is not to let any one have it to look into. Town., col. 209.

SEC. XIV.-ORDER IN DEBATE.

When the Speaker is seated in his chair, every member is to sit in his place. Scob., 6; Grey, 403.

When any member means to speak, he is to stand up in his place uncovered, and to address himself, not to the House, or any particular member, but to the Speaker, who calls him by his name, that the House may take notice who it is that speaks. Scob., 6; D'Ewes, 487, col. 1; 2 Hats., 77; 4 Grey, 66; 8 Grey, 108. But members who are indisposed may be indulged to speak sitting. 2 Hats., 75, 77; 1 Grey, 143. When a member stands up to speak no question is to be put, but he is to be heard unless the House overrules him. 4 Grey, 390; 5 Grey, 6, 143.

If two or more rise to speak nearly together, the Speaker determines who was first up, and calls him by name; whereupon he proceeds, unless he voluntarily sits down and gives way to the other. But sometimes the House does not acquiesce in the Speaker's decision, in which case the question is put, "Which member was first up?" 2 Hats., 76; Scob., 7; D'Ewes, 434, col. 1, 2.

No man may speak more than once on the same bill on the same day, or even on another day, if the debate be adjourned. But if it be read more than once in the same day, he may speak once at every reading. Co., 12, 115; Hakew., 148; Scob., 58; 2 Hats., 75. Even a change of opinion does not give a right to be heard a second time. Smyth's Comw., L. 2, c. 3; Arcan Parl., 17.

But he may be permitted to speak again to clear a matter of fact, 3 Grey, 357, 416; or merely to explain himself (2 Hats., 73) in some material part of his speech, Ib., 75; or to the manner or words of the question, keeping himself to that only, and not traveling into the merits of it, Memorials in Hakew., 29; or to the orders of the House, if they be transgressed, keeping within that line, and not falling into the matter itself. Mem. Hakew., 30, 31.

But if the Speaker rise to speak, the member standing up ought to sit down, that he may be first heard. Town., col. 205; Hale Parl., 133; Mem. in Hakew., 30, 31. Nevertheless, though the Speaker may of right speak to matters of order, and be first heard, he is restrained from speaking on any other subject, except where the House have occasion for facts within his knowledge; then he may, with their leave, state the matter of fact. 3 Grey, 38.

No one is to speak impertinently or beside the question, superfluous or tediously. Scob., 31, 33; 2 Hats., 166, 168; Hale Parl., 133.

No person is to use indecent language against the proceedings of the House; no prior determination of which is to be reflected on by any member, unless he means to conclude with a motion to rescind it. 2 Hats., 169, 170; Rushaw., p. 3, v. 1, fol. 42. But while a proposition under consideration is still in fieri, though it has even been reported by a committee, reflections on it are no reflections on the House. 9 Grey, 508.

No person, in speaking, is to mention a member then present by his name, but to describe him by his seat in the House, or who spoke last, or on the other side of the question, &c., Mem. in Hakew.,3; Smyth's Comw., L. 2, c. 3; nor to digress from the matter to fall upon the person (Scob., 31; Hale Parl., 133; 2 Hats., 166) by speaking reviling, nipping, or unmannerly words against a particular member. Smyth's Comw., L. 2, c. 3. The consequences of a measure may be reprobated in strong terms; but to arraign the motives of those who propose to advocate it, is a personality, and against order. Qui digreditur a materia ad personam, Mr. Speaker ought to suppress. Ord. Com., 1604, Apr. 19.

No one is to disturb another in his speech by hissing, coughing, spitting (6 Grey, 332; Scob., 8; D'Ewes, 332, col. 1, 640, col. 1), speaking or whispering to another (Scob., 6; D'Ewes, 487, col. 1), nor stand up to interrupt him (Town., col. 205; Mem. in Hakew., 31); nor to pass between the Speaker and the speaking member, nor to go across the House (Scob., 6), or to walk up and down it, or to take books or papers from the table, or write there. 2 Hats., 171.

Nevertheless, if a member finds that it is not the inclination of the House to hear him, and that by conversation or any other noise they endeavor to drown his

voice, it is his most prudent way 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 worth their hearing. 2 Hats., 77, 78.

If repeated calls do not produce order, the Speaker may call by his name any member obstinately persisting in irregularity; whereupon the House may require the member to withdraw. He is then to be heard in exculpation, and to withdraw. Then the Speaker states the offense committed, and the House considers the degree of punishment they will inflict. 2 Hats., 166, 7, 8, 172.

For instances of assaults and affrays in the House of Commons, and the proceedings thereon, see 1 Pet. Misc., 82; 3 Grey, 128; 4 Grey, 328; 5 Grey, 382; 6 Grey, 254; 10 Grey, 8. Whenever warm words or an assault has passed between members, the House, for the protection of their members, requires them to declare in their places not to prosecute any quarrel (3 Grey, 127, 293; 5 Grey, 280); or orders them to attend the Speaker, who is to accommodate their differences, and report to the House (3 Grey, 419); and they are put under restraint if they refuse, or until they do. 9 Grey, 234, 312.

Disorderly words are not to be noticed till the member has finished his speech. 5 Grey, 356; 6 Grey, 60. Then the person objecting to them, and desiring them to be taken down by the clerk at the table, must repeat them. The Speaker then may direct the clerk to take them down in his minutes; but if he thinks them not disorderly, he delays the direction. If the call becomes pretty general, he orders the clerk to take them down, as stated by the objecting member. They are then part of his minutes, and when read to the offending member, he may deny they were his words, and the House must then decide by a question whether they are his words or not. Then the member may justify them, or explain the sense in which he used them, or apologize. If the House is satisfied, no further proceeding is necessary. But if two members still insist to take the sense of the House, the member must withdraw before that question is stated and then the sense of the House is to be taken. 2 Hats., 199; 4 Grey, 170; 6 Grey, 59. When any member has spoken, or other business intervened, after offensive words spoken, they cannot be taken notice of for censure. And this is for the common security of all, and to prevent mistakes which must happen if words are not taken down immediately. Formerly they might be taken down at any time the same day. 2 Hats., 196; Mem. in Hakew., 71; 3 Grey, 48; 9 Grey, 514.

Disorderly words spoken in a committee must be written down as in the House; but the committee can only report them to the House for animadversion. 6 Grey, 46.

In Parliament, to speak irreverently or seditiously against the King is against order. Smyth's Comw., L. 2, c. 3; 2 Hats., 170.

It is a breach of order in debate to notice what has been said on the same subject in the other house, or the particular votes or majorities on it there; because the opinion of each house should be left to its own independency, not to be influenced by the proceedings of the other; and the quoting them might beget reflections leading to a misunderstanding between the two houses. 8 Grey, 22.

Neither house can exercise any authority over a member or officer of the other,

but should complain to the house of which he is, and leave the punishment to them. Where the complaint is of words disrespectfully spoken by a member or another house, it is difficult to obtain punishment, because of the rules supposed necessary to be observed (as to the immediate noting down of words) for the security of members. Therefore it is the duty of the House, and more particularly of the Speaker, to interfere immediately, and not to permit expressions to go unnoticed which may give a ground of complaint to the other house, and introduce proceedings and mutual accusations between the two houses, which can hardly be terminated without difficulty and disorder. 3 Hats., 51.

No member may be present when a bill or any business concerning himself is debating; nor is any member to speak to the merits of it till he withdraws. 2 Hats., 219. The rule is, that if a charge against a member arise out of a report or a committee, or examination of witnesses in the House, as the member knows from that to what points he is to direct his exculpation, he may be heard to those points before any question is moved or stated against him. He is then to be heard, and withdraw before any question is moved. But if the question itself is the charge, as for breach of order or matter arising in the debate, then the charge must be stated (that is, the question must be moved), himself heard, and then to withdraw. 2 Hats., 121, 122.

Where the private interests of a member are concerned in a bill or question, be is to withdraw. And where such an interest has appeared, his voice has been disallowed, even after a division. In a case so contrary not only to the laws of decency, but to the fundamental principle of the social compact, which denies to any man to be a judge in his own cause, it is for the honor of the House that this rule, of immemorial observance, should be strictly adhered to. 2 Hats., 119, 121; 6 Grey, 368.

No member is to come into the House with his head covered, nor to remove from one place to another with his hat on, nor is to put on his hat in coming in or removing until he be set down in his place. Scob., 6.

A question of order may be adjourned to give time to look into precedents. 2 Hats., 118.

In Parliament all decisions of the Speaker may be controlled by the House. 3 Grey, 319.

SEC. XV.-ORDERS OF THE HOUSE.

Of right, the doors of the House ought not to be shut, but to be kept by porters, or sergeants-at-arms, assigned for that purpose. Mod. Ten. Parl., 23.

The only case where a member has a right to insist on anything, is where he calls for the execution of a subsisting order of the House. Here, there having been already a resolution, any person has a right to insist that the Speaker, or any other whose duty it is, shall carry it into execution; and no debate or delay can be had on it. Thus any member has a right to have the House or gallery cleared of strangers, an order existing for that purpose; or to have the House told where there is not a quorum present. 2 Hats., 87, 129. How far an order of the House is binding, see Hakew., 392.

But where an order is made that any particular matter be taken up on a particular day, there a question is to be put, when it is called for, whether the House