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Chapter
VII.

For first

occasion of

prayers in

a new Parlia

ment, see p. 159.

during the session.

In the event of a vacancy during the session, similar Vacancy forms are observed in the election and approval of a drin Speaker;1 except that, instead of his Majesty's desire being signified by the lord chancellor in the House of Lords, a minister of the Crown, in the Commons, acquaints the house that his Majesty "gives leave to the house to proceed forthwith to the choice of a new Speaker;" and when the Speaker has been chosen, the same minister acquaints the house that it is his Majesty's pleasure that the house should present their Speaker to-morrow (at an hour stated) in the House of Peers, for his Majesty's royal approbation. Mr. Speaker elect puts the question for adjournment, and when the house adjourns, he leaves the house, without the mace before him. On the following day, Mr. Speaker elect takes the chair, after prayers have been read, and awaits the arrival of the Black Rod from the royal commissioners, by whom the royal approbation is given under a commission for that purpose, with the same forms as at the meeting of a new Parliament, except that the claim of privileges is omitted.1

3

to these

The ceremony of receiving the royal permission to elect Exceptions a Speaker, and the royal approbation of him when elected, forms. has been constantly observed, except during the Civil War,

Evelyn Denison, 127 C. J. 9; Mr.
Speaker Brand, 139 ib. 68; Mr.
Speaker Peel, 150 ib. 139; Mr.
Speaker Gully, 160 ib. 243.

These forms preclude the pro-
posal of any member as Speaker dur-
ing the session, who has not taken
the oaths and his seat. See case of
Mr. Charles Dundas, proposed by
Mr. Sheridan, 11th Feb. 1801, 35
Parl. Hist. 951. In 1822, this con-
sideration prevented Mr. Speaker
Manners Sutton from vacating his
seat in order to stand for the Uni-
versity of Cambridge. 1 Court and
Cabinets of Geo. IV. 394; Lord
Colchester's Diary, iii. 260.

294 C. J. 274; 127 ib. 23; 139 ib. 74; 150 ib. 149; 160 ib. 249. For early instances of proceedings on

the death of a Speaker, see D'Ewes's
Journal, 95. 120; 1 C. J. 116; 1
Parl. Hist. 811.

3 In 1895 and in 1905 the Speaker
was elected on the day upon which
the house adjourned for the Easter
and Whitsuntide holidays respec-
tively, and was presented for the
sovereign's approbation on the first
day on which the house met after
the holidays, 150 C. J. 149; 160 ib.
249.

471 L. J. 308; 11 C. J. 272; 94 ib. 274; 127 ib. 23; 139 ib. 74; 150 ib. 149; 160 ib. 249. On the election of Mr. Addington, in 1789, the king himself came down to the House of Lords, to signify his approbation in person, 44 C. J. 435; 1 Pellew, Life of Lord Sidmouth, 68.

Royal approbation refused.

and the Commonwealth, and on three other occasions, when Chapter from peculiar circumstances it could not be followed.

1. Previous to the Restoration in 1660, Sir Harbottle Grimston was called to the chair without any authority from Charles II., who had not yet been formally recognized by the Convention Parliament. 2. On the meeting of the Convention Parliament on the 22nd January, 1688, James II. had fled, and the Prince of Orange had not yet been declared king; when the Commons chose Mr. Henry Powle as Speaker, by their own authority. 3. Mr. Speaker Cornwall died on the 2nd January, 1789, at which time George III. was mentally incapable of attending to any public duties; and on the 5th, the house proceeded to the choice of another Speaker, who immediately took his seat, and performed all the duties of his office.1

So strong had been the sense of the Commons, of the necessity of having their choice confirmed, that in 1647, when the king had been delivered up by the Scots, and was under the guard of the Parliament and the army, they resorted to the singular expedient of presenting their Speaker, Mr. Henry Pelham, to the Lords, who signified their approval.2

The only instance of the royal approbation being refused was in the case of Sir Edward Seymour, in 1678.8 Sir John Popham, indeed, had been chosen Speaker in 1449, but his excuse (see p. 156, n. 1) being admitted by the king, another was chosen by the Commons in his place ; * and Sir Edward Seymour, who knew that it had been determined

1 8 C. J. 1; 10 ib. 9; 44 ib. 45. 25 ib. 259. 260; 5 Clarendon, Hist. 462.

3 6th March, 1678-79, 4 Parl. Hist. 1092; 6 Grey's Deb. 404, et seq., 424. Mr. Parry inadvertently states that Mr. Serjeant Gregory was elected on that day, and rejected by the king (Parliaments and Councils of England, 586): but the latter was not elected until the 17th, after a short prorogation, by which the contention between the court

and the Commons, arising out of
the disapproval of Sir E. Seymour,
had been compromised.

1 Hans. Parl. Hist. 385; 5 Rot.
Parl. 171. The excuse was genuine.
Sir J. Popham had been wounded in
the wars of the late reigns. See also
the case of John Cheyne, 1st Henry
IV., 1399, who excused himself on
account of illness, after he had been
approved by the king, 3 Rot. Parl.
424.

VII.

VII.

Oath, demise of

the Com

Chapter to take advantage of his excuse, purposely avoided making any, so as not to give the king an opportunity of treating him as his predecessor had been treated in a former reign. The Speaker, who has been elected at the commence- Oath in ment of a Parliament, on returning from the Lords, reports mons. to the house his approval by the king, and the confirmation of their privileges, and "repeats his most respectful acknowledgments to the house for the high honour they have done him." He then puts the house in mind that the first thing the Crown, to be done is to take and subscribe the oath required by see p. 171. law; and himself first, alone, standing upon the upper step of the chair, takes and subscribes the oath accordingly; in which ceremonies he is followed by the other members who are present. On the following day, the daily prayers are read, for the first time, by Mr. Speaker's chaplain; 2 and Quorum of the Speaker, if the necessity arises, counts the house, and see p. 228. cannot take the chair unless forty members are present; as the oath must, under sect. 3 of the Parliamentary Oaths Act, 1866, be taken whilst a full House of Commons

the house,

Prayers, deputy Speaker, see p. 196.

1 A Speaker who has been elected in the course of a session reports on returning from the House of Lords his approval by the king, and repeats his acknowledgments to the house. The appointed business for the day is then entered upon, 150 C. J. 149; 160 ib. 249.

2 135 C. J. 123; 150 ib. 341; 155 ib. 408. In case of the accidental absence of the chaplain, Mr. Speaker reads prayers, as took place 8th May, 1856, 26th July, 1858, and 31st March, 1860. No entry is made of the occasion in the journal. Both houses of Parliament use the same form of prayer. On the Restoration in 1660, it was referred to the Committee of Privileges by the House of Lords to consider of what prayers were formerly used in the house. On their report the use of the old form of prayers was revived (11 L. J. 36. 50), and the same form was, presumably, in the absence of direct evidence, adopted, at that time, by the Commons (Mem

orandum prepared by the late Mr.
James B. Bull, the clerk of the
journals of the House of Commons,
1871-95). Chaplains, or ministers,
were first appointed "to pray with
the house daily," during the Long
Parliament, 3 C. J. 365; 7 ib. 366.
424. 595. Before that time prayers
had been read by the Clerk, and
sometimes by the Speaker. On the
23rd March, 1603, prayers were
read by the Clerk of the house (to
whose place that service anciently
appertains), and one other special
prayer, fitly conceived for that time
and purpose, was read by Mr.
Speaker; which was not of duty or
necessity, though heretofore of late
time the like hath been done by
other Speakers," 1 C. J. 150. On
the 8th June, 1657, there being no
minister present, and it being un-
certain whether the Speaker or
Clerk should read prayers, the house
proceeded to business without any
prayers, 2 Burton, Diary, 191,

Oaths formerly taken.

One oath

1

VII.

is duly sitting, with their Speaker in his chair. The chapter
members continue to take the oath on that and the
succeeding day, after which the greater part are sworn,
and qualified to sit and vote.

The oaths of allegiance, supremacy, and abjuration, were formerly prescribed by the statutes 30 Chas. II. stat. 2, the 13 Will. III. c. 6, and 1 Geo. I. stat. 2, c. 13; and were required to be taken by every member. By the 10 Geo. IV. c. 7, a special oath was provided for Roman Catholic members. By the 21 & 22 Vict. c. 48, one oath for substituted Protestant members was substituted for the oaths of The parlia allegiance, supremacy, and abjuration; and by the 29 & 30 oath must Vict. c. 19, a single oath was prescribed for members of all religious denominations. The oath is now in the following the practice of Parliaform :-"I do swear that I will be faithful and bear ment, see true allegiance to his Majesty King Edward, his heirs and successors, according to law. So help me God." 2

oaths.

Time and manner of

Under standing order No. 84 members may take and taking the subscribe the oath, at any time during the sitting of the oath. house, before the orders of the day and notices of motions Appendix I. have been entered upon, or after they have been disposed of but no debate or business can be interrupted for that

S. 0. 84,

Affirma

of oath.

purpose.

Members who object to be sworn, may avail themselves tion in lieu of the power granted by sect. 1 of the Oaths Act, 1888, which enacts that a solemn affirmation may be made in lieu of an oath by every person who states, as the ground of such objection, either that he has no religious belief, or that the taking of an oath is contrary to his religious belief.

Right of a

member to take the oath.

On the occasion of a member coming to the table to be sworn, 26th July, 1858, a member rose to speak upon a point of order: but Mr. Speaker Denison maintained "that the taking of his seat by a member is a matter of privilege,

1 Certain members took the oath, 5th June, 1855, while the chair was occupied by the chairman of ways and means, as deputy Speaker, before the arrangement was confirmed by statute. Doubts were raised as to

the validity of an oath administered
in the absence of the Speaker. An
Act was accordingly passed to es-
tablish the legality of the proceed-
ing (see p. 196).

231 & 32 Vict. c. 72, s. 2.

mentary

be taken

pursuant to

p. 167.

VII.

Chapter and ought not to be interrupted by any discussion whatever." Nor can any appeal be made to obtain the interference of the Speaker (see p. 167) to stay a member from taking the oath on any ground whatever.2

House of

Under standing order No. 16, the oath or affirmation is Oath, taken or made by members of the House of Peers at any Lords. convenient time when the House is sitting, either for judicial or other business.

take oaths.

When the oaths of allegiance and supremacy were re- Refusal to quired, members who refused to take them were adjudged by the house to be disqualified by the statutes from sitting, and new writs were issued in their room. Soon after the Revolution of 1688, Sir H. Mounson and Lord Fanshaw refused to take the oaths, and were discharged from being members of the house; and on the 9th January following, Mr. Cholmly, who said he could not yet take the oaths, was committed to the Tower for his contempt.3 But the most remarkable precedent is that of Mr. O'Connell, who had been returned for the county of Clare, in May, 1829, before the passing of the Roman Catholic Relief Act. On the oaths being tendered to him by the Clerk, he refused to By a take the oath of supremacy, and claimed to take the new Catholic, oath contained in the Roman Catholic Relief Act, 10 Geo. IV. c. 7, which had been substituted for the other oaths, as regards Roman Catholic members to be returned after the passing of the Act. Mr. O'Connell was afterwards heard upon his claim: but the house resolved that he was not entitled to sit or vote, unless he took the oath of supremacy.. Mr. O'Connell persisted in his refusal to take that oath, and a new writ was issued for the county of Clare.1

' 151 H. D. 3 s. 2106. For the circumstances which arose on Mr. Bradlaugh's first claim to take the oath, see p. 164.

2 In one case, an attempt was made to obtain from a member, who was about to bring forward a motion, a repudiation of statements made elsewhere, which were alleged to be at variance with the oath he had P.

taken: but the Speaker stated that.
it was no part of his duty to deter-
mine what was consistent with that
oath, and that the terms of the
motion were not in violation of
any rules of the house, 210 H. D.
3 s. 252.

310 C. J. 131. 328; 5 Parl. Hist.
254.

4 84 C. J. 303. 311. 314. 325.

M

Roman

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