PARLIAMENT, IMPERIAL. 303 one The constitution of these councils cannot be known with any IRELAND. certainty, and there has been much controversy on the subject, and 64 knights of shires especially as to the share of authority enjoyed by the people. 41 citizens and burgesses Total, 105 Total of the United Kingdom, 654. POWER AND JURISDICTION OF PARLIAMENT. lates, earls, and barons, and the commonwealth of the realm, according as had been before accustomed.” In reference to this statute, Mr. 1. LEGISLATIVE AUTHORITY COLLECTIVELY.—The authority of parHallam observes, " that it not only establishes by a legislative decla- liament extends over the United Kingdom and all its colonies and ration the present constitution of parliament, but recognises it as foreign possessions. There are no other limits to its power of making already standing upon a custom of some length of time.” (1 'Const. laws for the whole empire than those which are common to it and to Hist.,' 5.) all other sovereign authority, the willingness, of the people to obey, CONSTITUENT PARTS OF PARLIAMENT. or their power to resist them. It has power to alter the constitution of the country, for that is the constitution which the last act of These have been treated of in separate articles, and nothing more parliament has made. It may take away life by acts of attainder, and will be attempted in this place than a brief analysis, which will bring make an alien be as a natural-born subject. the whole under one view. Of the king (or queen), the first in rank, Parliament does not in the ordinary course legislate directly for the nothing need be repeated. colonies. For some, the queen in council legislates, and others have The House of Lords is at present composed of, legislatures of their own, and propound laws for their internal govern ment, subject to the approval of the queen in council; but these may LORDS SPIRITUAL. afterwards be repealed or amended by direct statutes from this 2 archbishops (York and Canterbury) country. Their legislatures and their laws are both subordinate to the 24 English bishops mother country: Irish representative bishops The power of imposing taxes upon colonies for the support of the parent state was attempted to be exercised by parliament upon the Total, 30 provinces of North America ; but this attempt was the immediate occasion of the severance of that great country from our own. The LORDS TEMPORAL. injustice and hardship of colonial taxation must be admitted; but the 3 princes of the blood royal legal power of parliament to impose such taxes can only be restrained 20 dukes by its own acts conferring constitutions and privileges upon the 21 marquesses colonies, which are all subject to its authority. 111 earls There are some subjects indeed upon which parliament, in familiar 22 viscounts language, is said to have no right to legislate; such for instance as the 213 barons Church ; but no one can intend more by that expression than that it is inexpedient to make laws as to such matters. The very prayers 16 representative peers of Scotland 28 representative peers of Ireland and services of the Church are prescribed by statute. Parliament has changed the professed religion of the country, and has altered the Total, 461 hereditary succession to the throne. To conclude, in the words of Sir Edward Coke, the power of parliament "is so transcendent and The number has been greatly augmented from time to time, and absolute, that it cannot be confined, either for causes or persons, there is no limitation of the power of the crown to add to it by within any bounds." further creations. The titles of all temporal peers are now hereditary; -Custom and convenience have assigned to different branches of the 2. DISTRIBUTION OF POWERS BETWEEN KING, LORDS, AND COMMONS. since the decision of the House of Lords in 1856 (when by letters legislature peculiar powers. These are subject to any limitation or patent Baron Wensleydale was created "for and during his natural life"), that neither such letters patent, nor the writ of summons, could at the coronation to govern “according to the statutes in parliament even transference which parliament may think fit. The king swears enable the person named therein to sit or vote in parliament. The agreed upon," and these of course may be altered. Prerogatives of the introduction of the representative peers of Scotland and Ireland was effected on the union of those kingdoms respectively with England. king, with the consent of the three estates of the realm. The king crown which have ever been enjoyed might yet be taken away by the The former are elected by the hereditary peers of Scotland descended sends and receives ambassadors, enters into treaties with foreign from Scottish peers at the time of the Union, and sit for one par: powers, and declares war or peace, without the concurrence of lords liament only; the latter are chosen for life by the peers of Ireland, and commons; but these things he cannot do without the advice of whether hereditary or created since the Union. The power of the his ministers, who are responsible to parliament. Without entering crown to create Irish peers is limited by the Act of Union, so that into a view of his general prerogatives, which are treated of elsewhere one only can be created when three of the peerages of Ireland have [KING), it will be necessary to advert to certain parliamentary functions become extinct. The House of Commons properly consists of 658 members, but exercised by him, and which are most important in the conduct of St. Albans and Sudbury having been disfranchised, and not having legislation. been replaced by any other towns, it now consists of 654 only, dis- | assembled. There have been only two instances in which the lords Summons.—It is by the act of the king alone that parliament can be tributed as follows: and commons have met of their own authority, namely, previously to ENGLAND AND WALES. the restoration of King Charles II. and at the Revolution in 1688. 159 knights of shires The first act of Charles II.'s reign declared the lords and commons 337 citizens and burgesses to be the two houses of parliament, notwithstanding the irregular manner in which they had been assembled, and all their acts were Total, 496 confirmed by the succeeding parliament summoned by the king; which however qualified the confirmation of them by declaring that SCOTLAND. “the manner of the assembling, enforced by the difficulties and exigencies which then lay upon the nation, is not to be drawn into 30 knights of shires example.” In the same manner the first act of the reign of William 23 citizens and burgesses and Mary declared the convention of lords and commons to be the two houses of parliament, as if they had been summoned according to Total, 53 the usual form, and the succeeding parliament recognised the legality . of their acts. But although the king may determine the period for calling parliaments, his prerogative is restrained within certain limits; as he is bound by statute to issue writs within three years after the determination of any parliament; while the practice of providing money for the public service by annual enactments renders it compulsory upon him to meet parliament every year. There is one contingency upon which the parliament may meet without summons, under the authority of an Act of parliament. It was provided by the 6 Anne, c. 7, that "in case there should be no parliament in being at the time of the demise of the crown, then the last preceding parliament should immediate convene and sit at Westminster, as if the said parliament had never been dissolved." By the 37 Geo. III., c. 127, a parliament so revived would only continue in existence for six months, if not sooner dissolved. As the king appoints the time and place of meeting, so also at the commencement of every session he declares to both houses the cause of summons by a speech delivered to them in the House of Lords by himself in person, or by commissioners appointed by him. Until he has done this, neither house can proceed with any business. The causes of summons declared do not make it necessary for parliament to consider them only, or to proceed at once to the consideration of any of them. After the speech, any business may be commenced; and the commons, in order to prove their right to act without reference to any authority but their own, invariably read a bill a first time pro forma before they take the speech into consideration. Other business is also done very frequently at the same time. New writs are issued for places which have become vacant during the recess, returns are ordered, and even addresses are presented on matters unconnected with the speech. Prorogation and Adjournment.-Parliament, it has been seen, can only commence its deliberations at the time appointed by the king; neither can it continue them any longer than he pleases. He may prorogue parliament by having his command signified in his presence by the lord-chancellor or speaker of the House of Lords to both houses, or by writ under the great seal, or by commission. The effect of a prorogation is at once to suspend all business until parliament may be summoned again. Not only are the sittings of parliament at an end, but all proceedings pending at the time, except impeachments by the commons, are quashed. A bill must be renewed after a prorogation, as if it had never been introduced, though the prorogation be for no more than a day. William III. prorogued parliament from the 21st October, 1689, to the 23rd, in order to renew the Bill of Rights, concerning which a difference had arisen between the two houses that was fatal to it. It being a rule that a bill cannot be passed in either house twice in the same session, a prorogation has been resorted to in other cases to enable a second bill to be brought in. Adjournment is solely in the power of each house respectively. It has not been uncommon indeed for the king's pleasure to be signified, by message or proclamation, that both houses should adjourn. Either of them however may decline complying with what can be considered as no more than a request. Business has frequently been transacted after the king's desire has been made known, and the question for adjournment put in the ordinary manner. Dissolution.-The king may also put an end to the existence of parliament by a dissolution. He is not however entirely free to define the duration of a parliament, for after seven years it ceases to exist under the statute of George I., commonly known as the Septennial Act. Before the Triennial Act, 6 Wm. & Mary, there was no limit to the continuance of parliament, except the will of the king. Parliament is dissolved by proclamation, after having been prorogued to a certain day. This practice, according to Hatsell, "which has now been uniform for above a century, has probably arisen from those motives that are suggested by Charles I., in his speech in 1628, that it should be a general maxim with kings themselves only to execute pleasing things, and to avoid appearing personally in matters that may seem harsh and disagreeable." tion of this rule was found to be attended with much inconvenience, and a standing order was made in 1831, directing the Speaker in each case to report whether the object of the lords appears to be "to impose, vary, or take away any pecuniary charge or burthen on the subject," or " only to relate to the punishment of offences, and the house shall determine whether it may be expedient in such particular case to insist upon the exercise of their privilege." one. On May 21, 1860, the bill for the repeal of the paper duty was thrown out by the House of Lords, after having been passed by the commons. This excited much attention, as it was contended that the power of refusing to repeal a tax was in fact equal to that of imposing It was, however, generally agreed that the lords had the power of refusing to pass any bill of which they disapproved. On July 5, the House of Commons, on the motion of Lord Palmerston, unanimously resolved, "1. That the right of granting aids and supplies to the crown is in the commons alone, as an essential part of their constitution; and the limitation of all such grants, as to the matter, manner, measure, and time, is only in them. 2. That although the lords have exercised the power of rejecting bills of several descriptions relating to taxation, by negativing the whole, yet the exercise of that power by them has not been frequent, and is justly regarded by this house with peculiar jealousy, as affecting the rights of the commons to grant the supplies and to provide the ways and means for the service of the year. 3. That to guard for the future against an undue exercise of that power by the Lords, and to secure to the commons their rightful control over taxation and supply, this house has in its own hands the power so to impose and remit taxes, and to frame bills of supply, that the right of the commons as to the matter, manner, measure, and time, may be maintained inviolate." Right of determining Elections.-Another important power peculiar to the commons is that of determining all matters touching the election of their own members, and involving therein the rights of the electors. Upon the latter portion of this right a memorable contest arose between the Lords and Commons in 1704. Ashby, a burgess of Aylesbury, brought an action at common law against the returningofficers of that town for having refused to permit him to give his vote at an election. A verdict was obtained by him, but a judgment was given against him in the Queen's Bench, which was reversed by the House of Lords upon a writ of error. The commons declared that "the determination of the right of election of members to serve in parliament is the proper business of the House of Commons, which they would always be very jealous of, and this jurisdiction of theirs is uncontested; that they exercise a great power in that matter, for they oblige the officer to alter his return according to their judgment; and that they cannot judge of the right of election without determining the right of the electors, and if electors were at liberty to prosecute suits touching their right of giving voices in other courts, there might be different voices in other courts, which would make confusion, and be dishonourable to the House of Commons; and therefore such an action was a breach of privilege." In addition to the ordinary exercise of their jurisdiction as regarded the right of elections, the commons relied upon an Act of the 7 Will. III., c. 7, by which it had been declared, that "the last determination of the House of Commons concerning the right of elections is to be pursued." On the other hand, it was objected that "there is a great difference between the right of the electors and the right of the elected: the one is a temporary right to a place in parliament pro hac vice; the other is a freehold or franchise. Who has a right to sit in the House of Commons, may be properly cognizable there; but who has a right to choose, is a matter originally established, even before there is a parliament. A man has a right to his freehold by the common law, and the law having annexed his right of voting to his freehold, it is of the nature of his freehold, and must depend upon it. The same law that gives him his right must defend it for him, and any other power that will pretend to take away his right of voting, may as well pretend to take away the freehold upon which it depends." These extracts from the Report of a Lords' In addition to these several powers of calling a parliament, appoint- Committee, 27th March, 1704, upon the conferences and other proing its meeting, directing the commencement of its proceedings, deter-ceedings in the case of Ashby and White, give an epitome of the main mining them for an indefinite time by prorogation, and finally of arguments upon which each party in the contest relied. The whole of dissolving it altogether, the crown has the creation of one entire this Report, together with another of the 13th March, may be read branch of the legislature; together with other parliamentary powers, with great interest. which will hereafter be noticed in treating of the functions of the two houses. The judicial functions of the lords and their right to pass bills affecting the peerage which the commons may not amend, are the only properties peculiar to them, apart from their personal rights and privileges. Taxation.-The chief powers vested in the House of Commons are those of imposing taxes and voting money for the public service. Bills for these purposes can only originate in that house, and the Lords may not make any alterations in them, except for the correction of clerical errors. On the opening of parliament, the king directs estimates to be laid before the house, but the amount may be varied by the commons at pleasure. Grants distinct from those proposed in the estimates cannot be made without the king's recommendation being signified. The commons will not allow the right of the lords to insert in a bill any pecuniary penalties or to alter the amount or application of any penalty imposed by themselves; but the rigid asser ARTS AND SCI. DIV. VOL. VI. Encouraged by the decision of the House of Lords, five other burgesses of Aylesbury, now familiarly known as "the Aylesbury men," commenced actions against the constables of their town, and were committed to Newgate by the House of Commons for a contempt of their jurisdiction. They endeavoured to obtain their discharge on writs of habeas corpus, but did not succeed. The commons declared their counsel, agents, and solicitors guilty of a breach of privilege, and committed them also. Resolutions condemning these proceedings were passed by the lords; conferences were held, and addresses presented to the queen. At length the queen came down and prorogued parliament, and thus put an end to the contest and to the imprisonment of the Aylesbury men and their counsel. The question which was agitated at that time has never since arisen. The commons have continued to exercise the sole right of determining whether electors have had the right to vote while inquiring into the conflicting claims of candidates for seats in parliament, and specific modes for trying the right of election by the house have been pre Σ 307 PARLIAMENT, IMPERIAL. scribed by statutes, and its determination declared to be "final and Strode, a member, who was fined and imprisoned by that court for conclusive in all subsequent elections, and to all intents and purposes having proposed a bill to regulate the tinners in Cornwall, were de. whatsoever." clared illegal, and the repetition of similar encroachments upon the Connected with the right of the commons to adjudicate upon all privilege of parliament provided against. The language however was matters relating to elections, may be mentioned their power over the thought ambiguous, and it was by limiting its operation to the case of eligibility of candidates. John Wilkes was expelled, in 1764, for being Strode, that a judgment was obtained in the King's Bench against Sir the author of a seditious libel. In the next parliament (February 3, John Elliot, Denzil Hollis, and Valentine, in the reign of Charles I. 1769) he was again expelled for another libel; a new writ was ordered A true interpretation of the law was subsequently established by for the county of Middlesex, which he represented, and he was re- resolutions of both houses of parliament, and by a formal reversal of elected without a contest; upon which it was resolved, on the 17th of this judgment by the house of lords. The most solemn recognition of February, " that having been in this session of parliament expelled the privilege is contained in the Bill of Rights, which declares “ that this house, he was and is incapable of being elected a meinber to serve the freedom of speech and debates and proceedings in parliament in this present parliament.” The election was declared void, but Mr. ought not to be impeached or questioned in any court or place out of Wilkes was again elected, and his election was once more declared void, parliament.” and another writ issued. A new expedient was now tried. Mr. Lut- There are however certain legal incidents to this privilege, which it trell, then a member, accepted the Chiltern Hundreds, and stood is necessary to notice. The law presumes that everything said in against Mr. Wilkes at the election, and, being defeated, petitioned the parliament is with the view to the public good and necessary for the house against the return of his opponent. The house resolved that conduct of public business; but should the member publish his speech, although a majority of the electors had voted for Mr. Wilkes, Mr. he is viewed as an author only, and if it contain libellous matter, he Luttrell ought to have been returned, and they amended the return will not be protected by the privilege of parliament. In 1795, an accordingly. Against this proceeding the electors of Middlesex pre- information was filed against Lord Abingdon for libel. His lordship sented a petition, without effect, as the house declared that Mr. Luttrell had accused his attorney, in parliament, of improper conduct in his was duly elected. The whole of these proceedings were severely con: profession. He afterwards published his speech in several newspapers demned, and on the 3rd of May, 1782, the resolution of the 17th of at his own expense. His lordship pleaded his own cause, and conFebruary, 1769, was ordered to be expunged from the journals as tended that he had a right to print what he had, by the law of parlia subversive of the rights of the whole body of electors of this king- ment, a right to speak; but Lord Kenyon said, "that a member of dom.” A resolution similar to that expunged had been passed in the parliament had certainly a right to publish his speech, but that speech case of the unfortunate Hall, in 1580, as part of the many punishments should not be made a vehicle of slander against any individual ; if it inflicted upon him, which we shall have occasion to mention. was, it was a libel.” In 1813, a much stronger case of the same kind Oaths.- The power of administering oaths exercised by the lords is occurred. Mr. Creevey, a member, had made a charge against an not claimed by the House of Commons. They formerly endeavoured | individual in the House of Commons, and incorrect reports of his to attain the end supposed to be secured by the administration of an speech having appeared in several newspapers, Mr. Creavey sent a oath, by resorting to the authority of justices of the peace who hap- correct report to an editor, requesting him to publish it in his news. pened to be members of their own body; but all such expedients paper. A jury found Mr. Creevey guilty of libel, and the court of have long since been abandoned, and witnesses guilty of falsehood are King's Bench refused an application for a new trial; on which occasion punished by the house for a breach of privilege, not being annenable Lord Ellenborough said, “a member of that house has spoken what he to the laws regarding perjury. Election committees have power by thought material and what he was at liberty to speak, in his character statute to administer oaths, and witnesses giving false evidence are as a member of that house. So far he is privileged: but he has not guilty of perjury. stopped there; but, unauthorised by the house, has chosen to publish 3. Privileges. --Both houses of parliament possess various rights an account of that speech in what he has pleased to call a corrected and privileges for the maintenance of their collective authority, and form, and in that publication has thrown out reflections injurious to for the protection, convenience, and dignity of individual members. the character of an individual.” At the commencement of each parliament, the Speaker, on behalf of Freedom from Arrest.–The Speaker's petition prays on behalf of the the commons, has “laid claim to them of the king” since the reign of cominons, “ that their persons, their estates, and serrants, may be free Henry VIII., but they appear to have been always enjoyed with equal from arrests and all molestations." These words are not more extencertainty before that time. Some of them have been subsequently sive than the privilege as formerly enjoyed, and instances in which it confirmed, modified, and even abolished by acts of parliament, but the has been enforced may be found in nearly every page of the earlier petition of the Speaker remains unchanged, and prays for some which volumes of the Journals. This privilege has however been limited by have been disallowed by law since the original form was adopted. statutes, the last of which (10 Geo. III., c. 50) states in the preamble Commitment and Fines. The power of commitment for contempt that the previous laws were insufficient to obviate the inconveniences has always been exercised by both houses. It has been repeatedly arising from the delay of suits by reason of privilege of parliament, and brought under the cognisance of the courts, and allowed without enacts that " any person may at any time commence and prosecute any question. Mr. Wynn, in his ' Argument,' states that there are up-action or suit, &c., against any peer or lord of parliament, or against wards of one thousand cases of commitment by the House of Commons any of the knights, citizens, or burgesses for the time being, or against to be found in their Journals since 1547. Breaches of privilege com- any of their menial or any other servants, or any other person entitled mitted in one session may be punished by commitment in another, as to the privilege of parliament, and no such action shall be impeached, in the well-known case of Murray, in 1751-2, who was imprisoned in stayed, or delayed by or under colour or pretence of any privilege of Newgate for a libel until the end of the session, and on the next meet- parliament.” Obedience to any rule of the courts at Westminster ing of parliament was again ordered to be committed; but he had may be enforced by distress infinite, in case any person entitled to the absconded in the meanwhile. Contempts of a former parliament may benefit of such rule shall choose to proceed in that way. also be punished. The lords may commit for a definite period beyond The persons of members are still free from arrest or imprisonment the duration of the session of parliament; but a commitment by the in civil actions, but their property is as liable to the legal claims of all commons holds good only until the close of the session. other persons as that of any private individual. Their servants do not The House of Lords, in addition to the power of commitment, may enjoy any privilege or immunity whatever. impose fines. This privilege is not exercised by the commons, although The privilege of freedom from arrest has always been subject to the there is a case in D'Ewes's 'Journal of Queen Elizabeth,' in which Mr. exception of cases of “ treason, felony, and surety of the peace;” and Hall, a member who had incurred their displeasure, by publishing a though in other criminal charges each house may, if it see fit, prevent work“ very slanderous and derogatory to the general authority, power, the abstraction of a member from his parliamentary duties, the case of and state of the house, and prejudicial to the validity of its proceedings Lord Cochrane, in 1815, will show how little protection the House of in making and establishing laws,” was ordered to " ‘pay a fine to the Commons extends to its members in such cases. Lord Cochrane, queen of five hundred marks.” The house at the same time assumed having been indicted and convicted for a conspiracy, was committed to a power not found to have been exercised in other cases. It committed the King's Bench prison. He afterwards escaped, and was arrested by Mr. Hall to the Tower, and ordered that he should remain there for the marshal while sitting on the privy counsellor's bench in the House "six months, and until he should made retraction of the book.” This of Commons, on the right hand of the chair, at which time there was punishment was commitment for a time certain without reference to no member present, prayers not having been read. The committee of the continuance of the session, and, in the event of a refusal to retract privileges declared that by this proceeding of the marshal of the King's the book, amounted to perpetual imprisonment. A practice still exists Bench the privileges of parliament did not appear to have been which partakes of the nature of a fine. There are certain fees payable violated so as to call for the interposition of the house." by persons committed to the custody of the serjeant-at-arms, and it is Courts of justice have committed privileged persons for contempt, usual on discharging them out of custody to attach the condition of and parliament has refused to protect them. By a standing order of the payment of the fees.” These fees are occasionally remitted under the House of Lords, Sth June, 1757, it was declared " that no peer or particular circumstances—in one case, on account of the poverty of the lord of parliament hath privilege of peerage or of parliament against prisoner. being compelled by process of the courts of Westminster-hall to pay Freedom of Speech.— Freedom of speech is one of the privileges obedience to a writ of habeas corpus directed to him;" and in the case claimed by the Speaker on behalf of the commons, but it has long of Earl Ferrers, it was decided that an attachment may be granted if a since been confirmed as the right of both houses of parliament by peer refuses obedience to the writ of habeas corpus. There have been statutes. It was acknowledged by an act in the reign of Henry VIII., two more recent cases, that of Mr. Long Wellesley in 1831, and that of by which the proceedings of the stannary court with respect to Richard Mr. Lechmere Charlton in 1837, in which members committed by the 6 60 Lord-Chancellor for contempt have laid claims to privilege, which were to the chair, where, standing on the upper step, he thanks the house not admitted by the House of Commons. and takes his seat. It is usual for some members to congratulate him Peers are always free from arrest; and as regards the commons, when he has taken the chair. As yet he is only Speaker elect, and as their privilege is supposed to exist for 40 days after every prorogation, such presents himself on the following day, in the House of Lords, and and 40 days before the next appointed meeting. acquaints the lords commissioners that the choice of the commons has Jurisdiction of Courts of Law in Matters of Pririlege.--In connection "fallen upon him," that he feels the difficulties of his high and arduous with the exercise of privilege, an important point of law arises as to office, and that, “if it should be her Majesty's pleasure to disapprove of the jurisdiction of courts of justice. Each house of parliament is this choice, her Majesty's faithful commons will at once select some acknowledged to be the judge of its own privileges. Sir Edward Coke other member of their house better qualified to fill the station than affirms," whatever matter arises concerning either house of parliament, himself.” It is stated by Hatsell, that there have been only two inought to be examined, discussed, and adjudged in that house to which stances " in which neither this form, of having the royal permission to it relates, and not elsewhere.” (4. Inst.) But again, in the disputes proceed to the election of a Speaker, nor the other, of the king's approin the case of the Aylesbury men, which has been already referred to, bation of the person elected, have been observed. The first is the the lords communicated to the commons at a conference a resolution | election of Sir Harbottle Grimstono, on the 25th of April, 1660, to be " that neither house of parliament have power by any vote or declara- Speaker of the Convention Parliament which met at the Restoration ; tion to create to themselves new privileges not warranted by the known the other, is the election of Mr. Powle, 22nd January, 1688-9, in the laws and customs of parliament," which was assented to by the Convention Parliament at the Revolution.” The only instance of the communs. (14. Commons' Journals,' 555, 560.) The degree of juris- royal approbation being refused is in the case of Sir Edward Seymour, diction to be exercised by the courts, and the proper mode of dealing in 1678. Sir John Topham indeed was chosen Speaker in 1450, but with actions involving matters of privilege, it would indeed be difficult his excuse was admitted by the king, and another was chosen by the to determine, after the inconsistencies which have been shown in commons in his place. In order to avoid a similar proceeding on the practice and the great variety of opinions expressed by learned men. part of the king, Sir Edward Seymour, who knew that it had been No more than a concise statement of a few cases will be needed to determined to accept his excuse, omitted the usual form. show the difficulties in which the question is involved. When the Speaker has been approved, he lays claim on behalf of the First, as to the right of courts to inquire into the existence and commons," by humble petition, to all their ancient and undoubted nature of privileges claimed by either house of parliament. Coke lays rights and privileges,” which being confirmed, the Speaker with the it down that “judges ought not to give any opinion of a matter of commons retires from the bar of the House of Lords. parliament, because it is not to be decided by the common laws, but Both houses then proceed to take the oaths required by law. In secundum leges et consuetudinem parliamenti; and so the judges in the commons the Speaker takes them before any other member. divers parliaments have confessed.” (4. Inst.,' 15.) When Paty, one Three or four days are usually occupied in this duty before the of the Aylesbury men, was brought before the Queen's Bench on a sovereign declares to both houses, in person or by commission, the writ of habeas corpus, Mr. Justice Powell said “this court may judge causes of calling the parliament. From this time business proceeds of privilege, but not contrary to the judgment of the House of Com regularly. The first thing usually done in both houses is to vote an mons : " and again,“ this court judges of privilege only incidentally : address in answer to the speech from the throne. for when an action is brought in this court, it must be given one way Before any business is undertaken, prayers are read; in the House or other.” (2 Lord Raymond, 1105.) The opinions of other judges to of Lords by a bishop, and in the Commons by their chaplain. the same effect, expressed at different times, might also be given. The Conduct of Business, Divisions, dc.-In the House of Lords business words contained in the Bill of Rights, that the “debate and proceedings may proceed when three peers are present. In the House of Commons in parliament ought not to be impeached or questioned in any court or forty members are required to assist in the deliberations. If that place out of parliament,” are generally relied upon in confirmation of number be not present at four o'clock in the afternoon, or if notice be this doctrine. If this view were always taken of the question, little taken, or if it appear on a division that less than that number are difference between parliament and the courts of law would arise. The present, the Speaker adjourns the house until the next sitting day; course would be simple. Whatever action might be brought would be but at the morning sittings, which are held on Wednesday for private determined in a manner agreeable to the house whose privileges were business, petitions, &c., twenty members are sufficient, and they sit questioned ; and if the lords, in case of appeal, were to abide by the from twelve at noon till six, unless previously adjourned. Towards same rule, there would be no dissensions. But as such unanimity of the end of a session morning sittings are held on other days. The opinion has not always existed, there has been a clashing of juris- house then meets at twelve, and precisely at six the Speaker adjourns dictions which nothing probably but a statute can prevent for the the house, without putting the question, and the business in hand future. stands as orders of the day for the next sitting. Except on Wednesday A judgment was obtained against Sir W. Williams, the Speaker of or Saturday, on which days there is generally no evening sitting, after the House of Commons, in the second year of James II., for having the adjournment the house resumes at six o'clock. In both houses all caused a paper entitled • Dangerfield's Narrative' to be printed by order questions are decided by a majority, and none may vote but those preof the house. This the house declared to be "an illegal judgment,” sent in the house when the question is put, though in the lords proxies and against the freedom of parliament. A bill was also brought in to are counted if held by a lord who is present. When any question arises reverse the judgment, but it miscarried in three different sessions. upon which a difference of opinion is expressed, it becomes necessary (10 • Commons' Journals,' 177, 205.) to ascertain the numbers on each side. In the lords, the party in The denial of the exclusive jurisdiction claimed by the commons in favour of the question are called “content,” and that opposed to it, 1704, in respect of the right of elections, as stated above, is another "non-content." In the commons these parties are described as the important occasion in which the privilege of the commons has clashed “ayes” and “noes.” When the Speaker cannot decide by the voices with the judgments of legal tribunals. which party has the majority, or when his decision is disputed, a The only other case which need be mentioned in this place is that division takes place. This is effected now (since 1836 in the commons of Stockdale v. Hansard. In this case an action was brought against and 1857 in the lords) by one party being sent to each of the two lobbies the printers for a libel published in the papers printed by the order of attached to either house. All within the house when the question is the house. The litigation was long and intricate. The house passed put must vote. Two clerks are stationed at each of the entrances to certain resolutions, declaring that no court of law had power to decide the house, holding lists of the members in alphabetical order printed as to their privileges, but the courts did not hold themselves bound by upon large sheets of thick pasteboard so as to avoid the trouble and resolutions only. At length a bill was brought in and passed, by which delay of turning over pages. While the members are passing into the proceedings, criminal or civil, against persons for publication of papers house again, the clerks place a mark against each of their names, and printed by order of either house of parliament, are to be stayed by the the tellers count the number. This plan has been quite successful ; courts, upon delivery of the certificate and affidavit to the effect that the names are taken down with great accuracy, and very little delay is such publication is by order of parliament. occasioned by the process. FORMS OF PROCEDURE. In committees of the whole house, divisions are taken by the members of each party crossing over to the opposite side of the house, Mecting of Parliament : Preliminary Proceedings.--On the meeting unless five members require that the names shall be noted in the usual of a new parliament it is the practice for the lord chancellor, with other manner. peers appointed by commission under the great seal for that purpose, In addition to the power of expressing assent or dissent by a vote, to open the parliament by stating “that her Majesty will, as soon as peers may record their opinion and the grounds of it by a "protest," the members of both houses shall be sworn, declare the causes of her which is entered in the Journals, together with the names of all the calling this parliainent; and it being necessary a Speaker of the House peers who concur in it. of Commons should be first chosen, that you, gentlemen of the House When matters of great interest are to be debated in the upper house, of Commons, repair to the place where you are to sit, and there the lords are “summoned;" and in the House of Commons an order proceed to the appointment of some proper person to be your Speaker; is occasionally made that the house be called over, and members not and that you present such person whom you shall so choose here attending when their names are called, are reported as defaulters, and to-morrow (at an hour stated) for her Majesty's royal approbation.” | ordered to attend on another day, when, if they are still absent and no The commons then proceed at once to the election of their Speaker. excuse be offered, they are sometimes committed to the custody of the If any debate arises, the clerk at the table acts as Speaker, and standing serjeant-at-arms. up, points to the members as they rise. He also puts the question. T'he business which occupies nearly the whole attention of both When the Speaker is chosen, his proposer and seconder conduct him houses (if we except the hearing of appeals by the lords and the trial a of controverted elections by the commons) is the passing of bills; and houses of parliament. There is, however, a slight distinction in the the mode of proceeding with respect to them may be briefly described title of a bill while pending in the lords, which is always " intituled in the first place. an act,” whether it has originated in the lords or has been brought up from the commons. BILLS, PUBLIC AND PRIVATE. When the commons have passed a bill, they send it to the lords by Bills are divided into two classes such as are of a public nature one of their own members, who is usually accompanied by others. affecting the general interests of the state, and such as relate only to The lords send down bills by two masters in chancery; unless they local or private matters. The former are introduced directly by the relate to the crown or the royal family, in which case they are generally motions of members; the latter are brought in upon petitions from the sent by two judges. parties interested, after the necessary notices have been given and Prirate Bills.—In deliberating upon private bills parliament may be all forms required by the standing orders have been complied with, considered as acting judicially. The conflicting interests of private With few exceptions, public bills may originate in either house, parties, the rights of individuals, and the protection of the public, have unless they be for granting supplies of any kind, or involve directly or to be reconciled. Care must be taken, in furthering an apparently indirectly the levying or appropriation of any tax or fine upon the useful object, that injustice be not done to individuals, although the people. The exclusive right of the commons to deal with all legisla- public may derive advantage from it. Vigilance and caution should tion of this nature affects very extensively the practice of introducing be exercised lest parties professing to have the public interests in view private bills into either house. Thus, all those which authorise the should be establishing, under the protection of a statute, an injurious levying of local tolls or rates are brought in upon petition to the lower monopoly. The rights of landowners amongst themselves, and of the house. These compose by far the greater part of all private bills. All poor, must be scrutinised in passing an enclosure bill. Every descripmeasures of local improvement, whether for enclosing lands, lighting, tion of interest is affected by the making of a railway. watching, and improving towns, establishing police, or making roads, The inquiries that are necessary to be conducted in order to deter. bridges, railways, canals, or other public works, originate in the mine upon the merits of private bills are too extensive for the house commons; though in the session of 1860, in consequence of the to undertake, and it has therefore been usual to delegate them to compressure of business, many bills of this kind were first introduced in mittees. To prevent parties from being taken by surprise, the standthe House of Lords. On the other hand, many bills of a personal ing orders require certain notices to be given (to the public by adsernature are always sent down from the lords, such as bills affecting tisement, and to parties interested by personal service) of the intention private estates, divorce bills, and bills for the naturalisation of aliens. to petition parliament. The first thing which is done on receiving the Bills affecting the peerage must originate in the lords, and acts of grace petition therefore, is to inquire whether these notices have been with the crown, where the prerogative of mercy is vested. properly given, and if all other forms prescribed by the standing orders Progress of Bills: Public Bills.—Motions for leave to bring in bills have been observed. This inquiry is confided to the examiners of of a public nature are not very frequently refused. The more usual private bills, two officers who act for both houses, who report their time for opposing any measure in its progress is on the second reading, determination to the house. When a private bill has been read a when all the provisions are known, and the general principle and effect second time, it is commmitted, according to its character, to the com. of them may be considered. When leave is given to bring in a bill, mittee of selection, to the general committee on railway and canal certain members are ordered to prepare it, being the proposer and bills, or to the select committee on divorce bills. The committee of seconder of the motion, to whom others are sometimes added. It is selection consists of the chairman of the standing orders committee and then brought in and read a first time, and a day is fixed for the second five other members nominated by the house, of whom three are a reading, which generally leaves a sufficient interval for the printing and quorum. This committee classifies the bills, and nominates the chaircirculation of the bill. man and members of the committee for each. The railway and divorce It has been already said that the second reading is the occasion on committees proceed in the like manner. For every opposed railway, which a bill is more particularly canvassed. Its principle is at that canal, or road bill, the committee consists of five members not time made the subject of discussion, and if it meet with approval, the interested in the bill in progress. Unopposed bills are referred to the bill is committed, either to a committee of the whole house or to a chairman of the committee of ways and means and two other members, select committee, to consider its several provisions in detail. A com- The committees on opposed bills may hear counsel and examine mittee of the whole house is in fact the house itself, in the absence of witnesses,-divisions amongst the committee are decided by a majority, the Speaker from the chair; but the rule which allows members to and the result of their labours is reported to the house. speak as often as they think fit, instead of restricting them to a single Public bills are occasionally referred to select committees; these, speech, as at other times, affords great facilities for the careful examina- however, must also pass through a committee of the whole house. tion and full discussion of details. The practice of referring bills of It will not be necessary to pursue any further the progress of private an intricate and technical description to select committees has become bills, which differs only from that already described in respect of bills very prevalent of late years, and might be extended with advantage. of a public nature, in the necessity for certain specified intervals Many bills are understood by a few members only, whose observations between each stage, and for notices in the private bill office. are listened to with impatience, and thus valuable suggestions are often In the House of Lords, when a private bill is unopposed, it is comwithheld in the house, which in a committee might be embodied in mitted to the permanent chairman of committees, and any other peers the bill. By leaving such bills to a select committee, the house is may attend; but when a bill is to be opposed, the committee on standenabled to attend to measures more generally interesting, while othering orders inquires whether the standing orders have been complied business, of perhaps equal importance, is proceeding at the same time; with, and if so, the bill is referred to a committee of five, and a similar and it has always the opportunity of revising amendments introduced course is followed to that of the lower house. by the committee. In order to ensure a proper acquaintance with the provisions of Before a bill goes into committee there are certain blanks for dates, private bills, some of which are very voluminous, the House of amount of penalties, &c., which are filled up in this stage. Bills of Commons have adopted a rule requiring breviates of the bills to importance are often recommitted, or in other words, pass twice, and be laid before them six days before the second reading, and breviates even in some instances three or four times through the committee. of the amendments made by the committee, before the house take the When the proceedings in committee are terminated, the bill is reported report into consideration. with the amendments to the house, on which occasion they are agreed Conferences between the two Houses. The progress of bills in each to, amended, or disagreed to, as the case may be. If many amend. house of parliament having been detailed, it still remains to describe ments have been made, it is a common and very useful practice to the subsequent proceedings in case of difference between them. When reprint the bill before the report is taken into consideration. After a bill has been returned by either house to the other, with amendments the report has been agreed to, the bill with the amendments is ordered which are disagreed to, a conference is desired by the house which to be engrossed previous to the third reading. A proposition was disagrees to the amendments, to acquaint the other with reasons for made not long since, but without success, for discontinuing the custom such disagreement; in order , to use the words of Hatsell," that after of engrossment upon parchment, and for using an examined copy of considering those reasons, the house may be induced, either not to the printed bill, signed by the clerk of the house, for all the purposes insist upon their amendments, or may, in their turn, assign such for which the engrossed copy is now required. arguments for having made them, as may prevail upon the other house The third reading is a stage of great importance, on which the to agree to them. If the house which amend the bill are not satisfied entire measure is reviewed, and the house determines whether, after and convinced by the reasons urged for disagreeing to the amendments, the amendments that have been made on previous stages, it is fit on but persevere in insisting upon their amendments, the form is tó the whole to pass and become law. The question, “that this bill do desire another conference; at which, in their turn, they state their pass,” which immediately succeeds the third reading, is usually no arguments in favour of the amendments, and the reasons why they more than a form, but there have been occasions on which that cannot depart from them; and if, after such second conference, the question has been opposed, and even negatived. The title of the bill house resolve to insist upon disagreeing to the amendments, they is settled last of all. ought then to demand a 'free conference,' at which the arguments on An interval of some days usually elapses between each of the prin- both sides may be more amply and freely discussed. If this measure cipal stages of a bill; but when there is any particular cause for haste, should prove ineffectual, and if, after several free conferences, neither and there is no opposition, these delays are dispensed with, and the house can be induced to depart from the point they originally bill is allowed to pass through several stages, and occasionally through insisted upon, nothing further can be done, and the bill must be lost.” all, on the same day. Whether the conference be desired by the lords or by the commons, This statement of the progress of bills applies equally to both the former have the sole right of appointing the time and place of a a |