At these committees the members are to speak standing, and not sitting; though there is reason to conjecture it was formerly otherwise. D'Ewes, 630. col. 1-4 Parl. Hist. 440-2 Hats. 77.

Their proceedings are not to be published, as they are of no force till confirmed by the House. Rushw. part 3, vol. 2, 74-3 Grey, 401-Scob. 39. Nor can they receive a petition but through the House.-9 Grey, 412.

When a committee is charged with an inquiry, if a member prove to be involved, they cannot proceed against him, but must make a special report to the House; whereupon the member is heard in his place, or at the bar, or a special authority is given to the committee to inquire concerning him.-9 Grey, 523.

So soon as the House sits, and a committee is notified of it, the chairman is in duty bound to rise instantly, and the members to attend the service of the House.-2 Nals. 319. Vide Rules H. R. 78.

It appears, that on joint committee of the Lords and Commons, each committee acted integrally, in the following instances-7 Grey, 261, 278, 285, 338-1 Chandler, 357. 462. În the following instances it does not appear whether they did or not-6 Grey, 129-7 Grey, 213.229. 321.

SECTION XII.

COMMITTEE OF THE WHOLE.

The speech, messages, and other matters of great concernment, are usually referred to a committee of the whole House-6 Grey, 311, where general principles are digested in the form of resolutions, which are debated and amended till they get into a shape which meets the approbation of a majority. These being reported and confirmed by the House, are then referred to one or more select committees, according as the subject divides itself into one or more bills-Scob. 36, 44. Propositions for any charge on the people are especially to be first made in a committee of the whole-3 Hats. 127. Vide Rules H. R. 101. The sense of the whole is better taken in committee, because in all committees every one speaks as often as he pleases--Scob. 49. Vide Rules H. R. 104. They generally acquiesce in the chairman named by the Speaker; but, as well as all other committees, have a right to elect one, some member, by consent, putting the questionScob. 36-3 Grey, 301. Vide Rules H. R. 96. The form of going from the House into committee, is for the Speaker, on motion, to put the question that the House do now resolve itself into a committee of the whole, to take under

consideration such a matter, naming it. If determined in the affirmative, he leaves the chair, and takes a seat elsewhere, as any other member; and the person appointed chairman seats himself at the clerk's table.-Scob. 36. Vide Rules H. R. 96. Their quorum is the same as that of the House; and if a defect happens, the chairman, on a motion and question, rises, the Speaker resumes the chair, and the chairman can make no other report than to inform the House of the cause of their dissolution. If a message is announced during a committee, the Speaker takes the chair, and receives it, because the committee cannot.-2 Hats. 125, 126.

In a committee of the whole, the tellers, on a division, differing as to numbers, great heats and confusion arose, and danger of a decision by the sword. The Speaker took the chair, the mace was forcibly laid on the table; whereupon, the members retiring to their places, the Speaker told the House "he had taken the chair without an order, to bring the House into order." Some excepted against it; but it was generally approved as the only expedient to suppress the disorder. And every member was required, standing up in his place, to engage that he would proceed no further, in consequence of what had happened in the grand committee, which was done.--3 Grey, 139.

A committee of the whole being broken up in disorder, and the chair resumed by the Speaker without an order, the House was ad

journed. The next day the committee was considered as thereby dissolved, and the subject again before the House; and it was decided in the House, without returning into committee. 3 Grey, 130.

No previous question can be put in a committee; nor can this committee adjourn 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 time to go through the same, have directed him to ask leave to sit again. Whereupon, a question is put on their having leave, and on the time when 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 "to-morrow, to-morrow," or 64 on Monday," &c. or a motion is

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made to that effect, and a question put, that it be received to-morrow, &c.—Scob. 38.

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

SECTION XIII.

EXAMINATION OF WITNESSES.

Common fame is a good ground for the House to proceed by inquiry, and even to accusation.-Resolution of House of Commons, 1 Car. 1, 1625-Rush Lex. 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.

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