SECTION XII.

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 honourable 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.]

SECTION XIII.

ORDER IN DEBATE.

WHEN the Speaker is seated in his chair, every member is to sit in his place. [Scob. 6. 3 Grey, 403.]

J

When any member means to speak, he is to stand up in his place, Rule. 31, Ho. Reps. uncovered, and to address himself, not to the House, or any particular page 76. 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, 195.]

Re. 3, Sen. p.125.

Rule 33,

p. 76.

When a member stands up to speak, no question is to be put, but he is to be heard, unless the House overrule him. [4 Grey, 390. 5 Grey, 6, 143.]

If two or more rise to speak nearly together the Speaker determines Ho. Reps. 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 Re. 5, Sen. case the question is put, which member was first up?' [2 Hats. 76. p. 125. Scob. 7. D'Ewes, 434. Col. 1, 2.]

Re. 34, & 37, H. Rep. pp. 76, 77. Re. 4 Sen.. p. 125.

No man may speak more than once to 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, 116. Hakew. 148. Scob. 58. 2 Hats. 75.] Even a change of opinion does not give a right to be heard a second time. [Smyth 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 travelling 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. in Hakew. 30, 31. ]

Rule 39 Ho. Reps

But if the Speaker rises 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 P. 78. 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, superfluously 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. Rushw. p. 3, v. 1, fol. 42.] But while a proposition is 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 or advocate it, is a personality, and against order. Qui digreditur a materia ad personam.† Mr. Speaker ought to suppress. [Ord. Com. 1604, April 19.]

No one is to disturb another in his speech by hissing, coughing, spitting, [6 Grey, 332. Scob. 8. Dewes, 332, col. 1. 640, col. 2, speaking or whispering to another, [Scob. 6. D'Ewes, 487, col. 1. nor to stand up or 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 any thing worth their hearing. [2 Hats. 77, 78.]

* Progress.

†Those who depart from the subject to personality.

Rule 6,

Sen. p. 125.

Re. 35 &

Reps. page

77.

Rule 7, Sen. page

126.

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 offence committed, and the House considers the degree of punishment they will inflict. [2 Hats. 167, 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. Grey, 254. 10 Grey, 8. Whenever warm words, or an assault, have 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, 128, 293. 5 Grey, 289,] 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 36, House 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 any time the same day. [2 Hats. 196. Mem. in Hakew. 71. 3 Grey, 48. 9 Grey, 514.]

Joint Re. 5, p. 108.

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 of 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 particu

larly 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 of a Committee, or examination of witnesses in the House, as a 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, there the charge must be stated, that is, the question must be moved, himself heard, and then to withdraw. [2 Hats. 121, 122. ]

Rule 40,

H. Repres.

Where the private interests of a member are concerned in a bill or question, he is to withdraw. And where such an interest has appeared, his voice has been disallowed, even after a division. In a case so contrary, ||p. 78. 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 remove from one place to another with his hat on, nor put on his hat in coming in, or removing until he be set down in his place. p. 78. [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.]

Rule 39, Ho. Reps.

Re. 2, H. Reps. p. 78.

Rule 6, Sen. p. 125.

SECTION XIV.

ORDERS OF THE HOUSE.

Rule 67,

Or right, the door of the House ought not to be shut, but to be kept by porters, or serjeants at arms, assigned for that purpose. [Mod. Ho. Reps. Parl. 23.]

page 85.

The only case, where a member has a right to insist on any thing, is where he calls for the execution of a subsisting order of the House. Here, there having been already a resolution any member 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, Sen. p. 127 an order existing for that purpose; or to have the House told when

Rule 18,

Rule 27,

P 74.

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 H. Repres. on a particular day, there a question is to be put when it is called for, whether the House will now proceed to that matter? Where orders of the day are on important or interesting matter, they ought not to be proceeded on till an hour at which the House is usually full.

Orders of the day may be discharged at any time, and a new one made for a different day. [3 Grey, 48, 313.]

When a session is drawing to a close, and the important bills are all brought in, the House, in order to prevent interruption by further unimportant bills, sometimes come to a resolution that no new bill be brought in, except it be sent from the other House. [3 Grey, 156.]

All orders of the House determine with the session; and one taken under such an order may, after the session is ended, be discharged on a habeas corpus.* [Raym. 120. Jacob's L. D. by Ruff head. ment, 1 Lev. 165. Prichard's case. e. ]

Parlia

SECTION XV.

Rule 23 & 24, Ho.

Repres. p.

73.

PETITIONS.

A PETITION prays something. A remonstrance has no prayer. [1 Grey, 58. ]

Petitions must be subscribed by the petitioners, [ Scob. 87. L. Parl. c. 22. 9 Grey, 362, ] unless they are attending, [1 Grey, 401,] or unable to sign, and averred by a member. [3 Grey, 418.] But a petition not subscribed, but which the members presenting it affirmed to be all in the hand writing of the petitioner, and his name written in the beginning, was on the question (March 14, 1800,) received by the Senate. The averment of a member or of somebody without doors that they know the hand writing of the petitioners is necessary, if it be questioned. [6 Grey, 36. ] It must be presented by a member, not by the petitioners, and must be opened by him, holding it in his hand. [10 Grey, 57.]

Regularly a motion for receiving it must be made and seconded, and Rule 24, a question put whether it shall be received? But a cry from the House Sen. page of received,' or even its silence, dispenses with the formality of this question. It is then to be read at the table and disposed of.

128.

"Have you the body." This phrase designates the most emphatic words of a writ issued by a Judge or Court, commanding a person, who has another in custody, or in imprisonment, to have his body before the Judge or Court at a particular time and place, and to state the cause of imprisonment. The person, whether a sheriff, jailor, or other person, is bound to produce the body of the prisoner at the time and place appointed; if the prisoner is illegally detained, the Judge or Court are bound at once to set him at liberty.