according to the strict rule of the house, the speaker should put all the questions to the witness, and members should only suggest to him the questions which they desire to be put; but, for the sake of avoiding the repetition of each question, members are usually permitted to address their questions directly to the witness. When a witness is in the custody of the serjeant-at-arms, or is brought from any prison in custody, it is the usual, but not the constant practice, for the serjeant to stand with the mace at the bar. When the mace is on the serjeant's shoulder, the speaker has the sole management; and no member may speak, or even suggest questions to the chair.1 In such cases, therefore, the questions to be proposed should either be put in writing, by individual members, or settled upon motions in the house, and given to Mr. Speaker before the prisoner is brought to the bar.2 If a question be objected to, or if any difference should arise in regard to the examination of a witness, he is ordered to withdraw, before a motion is made, or the matter is considered. Lords of Parlia ment, &c. Members of the house are always examined in their Members, places; and peers, lords of Parliament, the judges, and the lord mayor of London, have chairs placed for them within the bar, and are introduced by the serjeant-at-arms. Peers sit down covered, but rise and answer all questions uncovered. The judges and the lord mayor are told by the speaker that there are chairs to repose themselves upon; which is understood, however, to signify that they may only rest with their hands upon the chair backs.3 When a peer is examined before a select committee, it is the practice to offer him a chair at the table, next to the chairman; where he may sit and answer his questions covered. When a witness is summoned at the instance of a party, Expenses of witnesses. his expenses are defrayed by him; but when summoned for any public inquiry, to be examined by the house or a committee, his expenses are paid by the Treasury, under orders signed by the assistant clerk of the Parliaments, the clerk of the House of Commons, or by chairmen of committees in either house. In order to check the expenses of witnesses examined before committees, the House of Commons have adopted certain regulations, by which the following particulars are annexed, in a tabular form, to the printed proceedings of every committee:1. The name of the witness; 2. His profession or condition; 3. By what member the motion was made for his attendance; 4. The date of his arrival; 5. The date of his discharge; 6. Total number of days in London; 7. Number of days under examination, or acting specially under the orders of the committee; 8. Expenses of journey to London and back; 9. Expenses in London; 10. Total expenses allowed to each witness, and to all collectively. No witness residing in or near London is allowed any expenses, except under some special circumstances of service to the committee.' Every witness should report himself to the committee clerk on his arrival in London, or he will not be allowed his expenses for residence, prior to the day of making such report. The lords have sometimes appointed a select committee to inquire into the expenses that should be allowed to witnesses, and have received their report in detail before the items were agreed to.2 1 See Report, 1840, No. 555. 2 62 Lords' J. 910. COMMUNICATIONS BETWEEN LORDS AND COMMONS. 249 CHAPTER XVI. COMMUNICATIONS BETWEEN THE LORDS AND COMMONS. MESSAGES AND CONFERENCES; JOINT COMMITTEES, AND modes of communication. THE two houses of Parliament have frequent occasion Different to communicate with each other, not only in regard to bills which require the assent of both houses, but with reference to other matters connected with the proceedings of Parliament. There are four modes of communication; viz. 1. By message; 2. By conference; 3. By joint committees of lords and commons; and, 4. By select committees of both houses communicating with each other. These will each be considered in their order. to the com 1. A message is the most simple and frequent mode of Messages. communication; it is daily resorted to for sending bills from one house to another, for communicating various matters of an ordinary description; and it is always the commencement of the more important modes of intercourse, by means of conference and joint committees. The main From the lords difference between the modes of sending messages by either house is, that the lords ordinarily send messages by the masters in chancery, their attendants; and on special occasions by their assistants, the judges: while the commons. always send a deputation of their own members. The practice is thus defined by a standing order of the House of Lords: "Here it is to be noted, that we never send to the lower house by any members of our own, but either by some of the learned councel, masters of the chancery, or such like which attend us, and in weighty causes some of the judges; but the lower house never send unto us any but of their own body." 1 Lords' S. O. No. 36. 1 mons. By the judges. By masters in chancery and others. Messages from the commons to the lords. The weighty matters here spoken of are generally bills relating to the Crown or royal family, which are sent to the commons by two judges; but when the judges are on circuit, or for other causes are not in attendance, such bills have been sent by one judge and one master in chancery.2 3 It has often happened, that two masters in chancery have not been in attendance when the lords have desired to send a message; in which case, they have sent one master in chancery and the clerk assistant of the Parliaments. But whenever this deviation from the ordinary practice occurs, the lords acquaint the commons that, from the absence of one of their usual messengers, and from the urgency of the case, or in consideration of the late period of the session, they had been induced to send the message by the clerk assistant, and by one of their usual messengers. On other occasions no master in chancery has been in attendance; when the lords have sent messages by their clerk assistant, and additional clerk assistant or reading-clerk, with similar explanations of the cause of sending the messages in an unusual manner. But whenever the commons receive a message brought by any officers not being assistants or attendants of the House of Lords, they always agree to a resolution, "That this house doth acquiesce in the reasons assigned by the lords," &c., "trusting that the same will not be drawn into precedent for the future." The commons send messages to the lords by one of their own members (generally the chairman of the committee of ways and means, or a member who has had charge of a bill,) who is accompanied by at least seven others. Eight was formerly the common number which formed a quorum of a select committee, and was probably, for this reason, 180 Com. J. 573. 86 Ib. 514. 805. 286 Ib. 713. 4 72 Ib. 5. 85 Ib. 652. adopted as the number for carrying a message to the House of Lords.1 The form of receiving the messengers from the commons, Messengers by the House of Lords, is thus laid down in the standing mons, how re orders of the latter house : "For our meeting with any of the lower house, it is either upon occasion of messages, which they send up to us, or upon conference when they come up unto us; the manner is thus: After we have notice given us by our usher that they have sent unto us, they attend till we have put that business to some end, wherein we are, and then we (sitting all covered) send for them in, who stand all at the lowest end of the room, and then the lord chancellor (with such as please) riseth and goeth down to the middle of the bar; then the chief of the committee in the midst, and the rest about him, come up to the bar with three courtesies, and deliver the message to him, who, after he hath received it, retires to his former place, and the house being cleared and settled, he reports it to the lords, who do help his memory if anything be mistaken; and after the lords have taken resolution (if the business require any answer), they are either called for in, and approaching to the bar, with three courtesies (as before), and the house sitting in order, and covered (as before), the lord chancellor sitting upon the woollsack covered, doth give them their answer in the name of the house; or else, if the resolution be not so speedye, we send them word by the usher, that they shall not need stay for the answer, but we will send it by some express messengers of our own." 2 The messengers from the lords proceed to the House of Commons, and if that house be then engaged in business which will not admit of immediate interruption, the messengers take a seat below the bar until they can be received. It is usual, however, to admit them when the member then addressing the house has resumed his seat. For this purpose the serjeant-at-arms goes up to the table, making three obeisances, and acquaints the speaker that there is "a message from the lords;" after which he retires to the bar. The speaker then acquaints the house that there is a message from the lords, and puts a question, that the messengers be now called in; which being agreed to, as a matter of course, he directs the serjeant See also Chapter XVIII. on Bills, p. 287. 2 Lords' S. O. No. 35. from the com ceived. Messengers from the lords, how received. |