ÆäÀÌÁö À̹ÌÁö
PDF
ePub

VII.

1

Chapter death of its most distinguished member, Sir Robert Peel; and on the 14th April, 1863, the like tribute was paid to the memory of Sir George Cornewall Lewis. On Friday, 31st May, 1878, the house adjourned, in the course of a debate, in consequence of the sudden death of one of its members, Mr. Wykeham-Martin, in the library of the house, where his body was then lying. On Monday, 8th May, 1882, both houses adjourned, without transacting any but formal business, on account of the assassination of Lord Frederick Cavendish, chief secretary to the LordLieutenant of Ireland, and Mr. Burke, under secretary, on the previous Saturday, in Phoenix Park, Dublin. On the 24th June, 1861, the Lords adjourned, nem. diss., on the death of the lord chancellor, Lord Campbell.

On Thursday, 19th May, 1898, in consequence of the death of Mr. Gladstone, the House of Commons, after resolving that it would on the following day resolve itself into a committee to consider of an address to the Crown praying for the interment of his remains in Westminster Addresses Abbey, and the erection of a monument at the public for public money, see expense, adjourned without transacting any other busi

p. 570.

ness.5

funerals.

Occasionally the house adjourns on the occasion of royal Royal funerals. The funeral of the Duke of Sussex was appointed for 4th May, 1843, and the house adjourned over that day. The Duke of Cambridge was buried on the 16th July, 1850, when the house sat from twelve till three, and then adjourned in consequence of the funeral. But on the funeral of the Princess Sophia, 5th June, 1848, the house did not adjourn; and again, the Duchess of Gloucester was buried on Friday, the 8th May, 1857 (the day after the lords commissioners' speech had been delivered), but the

1 105 C. J. 484. The French Assembly, in their Procès Verbal, expressed regret at the loss of this eminent statesman, 163 H. D. 3 s. 772.

Notwithstanding the universal regard for Sir G. Lewis, the propriety of this proceeding was ques

tioned, in private, by eminent
statesmen, as invidious distinctions
might be drawn between the claims
to such an honour.-Mr. Speaker
Denison's Diary, p. 131.

3 133 C. J. 264.

4 114 L. J. 139; 137 C. J. 185.
5153 ib. 213.

Ascensionday, &c.

Other days.

Speaker of the House

of Lords.

VII.

house sat on that day as usual; and not without due con- Chapter
sideration. The funeral was at Windsor, at twelve; and
the house did not meet until a quarter before four.1

committees,

On Ascension-day, since 1849,2 orders have been usually Select made by the House of Commons, that no committees shall see p. 413. have leave to sit until two o'clock, in order to give members an opportunity of attending divine service. This motion was negatived in 1872. In 1873, however, it was carried by a large majority, and has since been repeated in every succeeding year. On the 19th March, 1866, appointed by the Bishop of London as a day of prayer and humiliation, it was ordered that no committees do meet before one o'clock.

In connection with the commemoration of the completion of the sixtieth year of Queen Victoria's reign in 1897, the house adjourned over the day of the Queen's procession through London.5

The duties of the Lord Speaker of the upper house, and of the Speaker of the Commons, will appear in the various proceedings of both houses, as they are explained in different parts of this work: but a general view of the office is necessary, in this place, for understanding the forms of parliamentary procedure.

The house having resolved to attend the funeral of the Duke of Wellington adjourned for that purpose, 108 C. J. 21. 29.

2 So far back as 15th May, 1604, it "being put to question whether we should sit on Ascension-day," upon division "resolved to sit." But on the 1st June, 1614, it was resolved, upon division, not to sit.

3 122 C. J. 255; 126 ib. 202; 146 ib. 264; 147 ib. 283; 159 ib. 179. This order was repeated on nine occasions between 1856 and 1871 inclusive. For the same purpose from 1853 till 1902, when the House of Commons met on Wednesdays at twelve o'clock, it was customary for the House to meet on Ash Wednesday at two o'clock, 28th Feb. 1854, 109 ib. 106; 214 H. D. 3

s. 901; 14th Feb. 1893, 8 Parl. Deb.
4 s. 1397.

20th May, 1873.

5 152 C. J. 299. For adjournments over Queen Victoria's birthday when it was kept on a day other than Saturday, see 119 ib. 256; 120 ib. 298; 124 ib. 219. For many years it was customary to adjourn over the Derby day. This adjournment was generally moved by the leader of the house from 1856 until 1878, and on subsequent occasions the adjournment was moved by independent members (see p. 256, n). The motion was negatived, Tuesday, 31st May, 1892, 147 C. J. 306; but the house was counted out on the following day. The motion was negatived in succeeding years, until 1896, since which year it has not been moved.

Chapter
VII.

Lord

to attend.

The lord chancellor, or lord keeper of the great seal of His duty England, is Prolocutor or Speaker of the House of Lords, Vote of the by prescription; and by standing order No. 5, it is declared to be his duty ordinarily to attend as Speaker: but if he be absent, or if there be none authorized under the great seal to supply that place in the House of Peers, the Lords may choose their own Speaker during that vacancy.2

Speaker,

see p. 359.

Duties of It is singular that the president of this deliberative body Not necesSpeaker sarily a when not a is not necessarily a member. It has even happened that peer. peer, see p. the lord keeper has officiated, for years, as Speaker, without

191.

having been raised to the peerage. On the 22nd November,
1830, Mr. Brougham sat on the woolsack as Speaker, being
at that time lord chancellor, although his patent of creation
as a peer had not yet been made out.4

in com

When the great seal has been in commission, it was usual Great seal for the Crown to appoint (if he be a peer) the chief justice mission. of the Court of King's Bench or Common Pleas, the chief baron of the Exchequer, or the master of the Rolls, to be Lord Speaker.5 In 1827, Sir John Leech, master of the Rolls, and Sir William Alexander, chief baron of the Court of Exchequer, and in 1835, Sir L. Shadwell, vice-chancellor, though not peers, were appointed Lord Speakers, while the great seal was in commission. On the meeting of Parliament, in 1819, the lord chancellor

1 Lord Ellesmere, Office of Lord Chancellor, ed. 1651.

2 See also observations as to the obligations of the lord chancellor to attend, 23rd Aug. 1831, and 20th June, 1834, 6 H. D. 3 s. 453; 7 ib. 646-662; 24 ib. 597. 600. 604.

"When Sir Robert Henley was keeper of the great seal, and presided in the House of Lords as lord keeper, he could not enter into debate as a chancellor, being a peer, does, and therefore, when there was an appeal from his judgments in the Court of Chancery, and the law lords then in the house moved to reverse his judgments. . . the lord keeper could not state the grounds of his opinions given in judgment

and support his decisions." Lord
Eldon's Anecdote Book; 1 Twiss,
Life, 319; 5 Lord Campbell, Lives
of Chancellors, 188.

63 L. J. 114; so also Sir E.
Sugden, 1852, 84 ib. 34; Sir F.
Thesiger, 1858; Lords' Minutes,
1858, p. 123; Sir R. Bethell, 1861;
Sir W. Page Wood, 1868; Sir
Hardinge Giffard, 25th June, 1885.
566 L. J. 113; 70 ib. 42; 82 ib.
71; 84 ib. 126.

659 ib. 278.

767 ib. 291. On the 25th Oct. 1566, Sir R. Cattelyn, C. J. of Q. B., was appointed Lord Speaker, by commission, which appears to be the first instance of a commoner holding that office, 1 ib. 637.

Deputy

VII.

being absent, the prince regent appointed Sir R. Richards, chapter lord chief baron of the Exchequer, to supply his place, as Speaker.1

At all times there are deputy Speakers, appointed by Speakers. commission to officiate as Speaker during the absence of the lord chancellor or lord keeper. When the lord chancellor and all the deputy Speakers are absent at the same time, the Lords elect a Speaker pro tempore: 2 but he gives place immediately to any of the lords commissioners, on their arrival in the house; who, in their turn, give place to each other according to their precedence, and all at last to the lord chancellor. In 1824, Lord Gifford, chief justice of the Common Pleas, was appointed sole deputy Speaker. And on the 22nd April, 1831, when the king was approaching to prorogue Parliament, the lord chancellor suddenly left the woolsack to attend his Majesty, upon which Lord Shaftesbury was appointed Speaker pro tempore, and the debate, which had been interrupted for a time, proceeded until his Majesty entered the house. For several years from 1851, there was only one deputy Speaker in the commission-the chairman of the Lords' committees: but on the 24th April, 1881, the lord chancellor acquainted the house of the appointment by the Crown of four peers to be deputy Speakers, in the absence of the lord chancellor and the chairman of committees.5 On the 6th July, 1865, the lord president of the council, being unanimously chosen Lord Speaker pro tempore, in the absence of the lord chancellor, and of Lord Redesdale, the deputy Speaker sat as Lord Speaker, and, as one of the lords commissioners, delivered the royal speech, and prorogued the Parliament.

Duties of The duties of the office are thus generally defined by
Speaker in
the Lords, standing order No. 20—

1 52 L. J. 7. This was said to be in accordance with the precedent of Sir Robert Atkins, in the reign of King William, Lord Colchester's Diary, iii. 68.

2 Lord Sheffield, 80 L. J. 10; 24th Feb. 1873, Lord Chelmsford; and again in 1882.

3 56 L. J. 39; Lord Colchester's Diary, iii. 311.

63 L. J. 511.

5267 H. D. 3 s. 1204. For later cases of appointments of deputy Speakers, see 119 L. J. 28; 136 ib. 198.

6 97 ib. 639.

Chapter
VII.

Position of
Speaker,

see pp.

349.

"The lord chancellor, when he speaks to the house, is always to speak uncovered, and is not to adjourn the house, or to do anything else as mouth of the house, without the consent of the Lords first had, except the ordinary thing about bills, which are of course, wherein the Lords may likewise overrule; as, for preferring one bill before another, and such-like; and in case of difference among the Lords, it is to be put to the question; and if the lord chancellor will speak to anything particularly, he is to go to his own place as a peer."

[ocr errors]

The position of the Speaker of the House of Lords is His anomalous posisomewhat anomalous; for though he is the president of a tion." 311, 323, deliberative assembly, he is invested with no more authority than any other member. Upon points of order, if a peer, he may address the house; though, if not a member, his office is limited to the putting of questions, and other formal proceedings.2

of the

Commons.

Election of, The duties of the Speaker of the House of Commons are Duties of see p. 154. the as various as they are important. He presides over the Speaker's Speaker reprimand, deliberations of the house, and enforces the observance of see p. 94. His casting all rules for preserving order in its proceedings; he puts p. 364; his every question, and declares the determination of the house. speech and As "mouth of the house," he communicates its resolutions

voice, see

vote in com

mittee, see to others, conveys its thanks, and expresses its censure,
p. 368;
his specch its reprimands, or its admonitions. He issues warrants to
(money
execute the orders of the house for the commitment of
bills),
p. 208.
offenders, for the issue of writs, for the attendance of wit-
nesses in custody, for the bringing up prisoners in custody,

Fixes hour of meeting of the house, P. 212.

1 By virtue of his office he goes to the left of the chamber, above all dukes not being of the blood royal, 31 Hen. VIII. c. 10, s. 4.

2 See Debate in the Lords, 22nd June, 1869, in which it was suggested that the chancellor should be invested with more extended powers: but it was pointed out, on the other side, by some peers and by the chancellor himself, that as he was a minister of the Crown, not chosen by the house itself, and was often a member of the least experience in the house, he could not properly exercise the same powers as those of the Speaker of the Commons. See also, 136 Parl. Deb. 4 s. 1394; 137

ib. 121.

3 When the words uttered by Mr. Speaker from the chair are called forth by the proceeding then before the house, his words are entered, either with or without the order of the house, in the "votes," and upon the journal. An address, however, delivered from the chair on the 31st July, 1893, made on the request of the prime minister at the close of a personal explanation relating to the disorder which had arisen in committee on a previous day, was entered in the journal, on the motion of the prime minister on the 1st August 148 C. J. 477.

« ÀÌÀü°è¼Ó »