Against a statute. cision. XII. ground thereof but public and common fame only.1 In Chapter Disrespectful or abusive mention of a statute would seem Matters (6) Matters awaiting the adjudication of a court of law Reflections on the sovereign, &c. 12 L. J. 713; see also 4 ib. 582; 5 2nd Sept. 1886, 308 H. D. 3 s.1108. of allegations of bribery and cor- 7312 H. D. 3 s. 1061; 338 ib. Chapter the Viceroy and Governor-General of India, the Lord- XII. 4 and means, members of either house of Parliament, and allusions, (8) In order to guard against all appearance of person- Personal ality in debate, it was formerly the rule, in both houses, that no member should refer to another by name. In the upper house, however, a lord is now alluded to by name, but in the Commons, each member must be distinguished by the office he holds, by the place he represents, or by other designations, as "the noble lord the secretary for foreign affairs," "the honourable" or "right honourable gentleman the member for York," or "the honourable and learned member who has just sat down." The use of Against temperate and decorous language is never more desirable members. than when a member is canvassing the opinions and conduct of his opponents in debate. The imputation of bad motives, or motives different from those acknowledged; misrepresenting the language of another, or accusing him, in his 1 137 Parl. Deb. 4 s. 1045. 2 311 H. D. 3 s. 954; 313 ib. 472; 234 ib. 1558; 238 ib. 1953; 142 Parl. Deb. 4 s. 1507. 3 302 H. D. 3 s. 1710; 95 Parl. Deb. 4 s. 235. Lord Chancellor, 56 Parl. Deb. 4 s. 859; 75 ib. 890; 156 ib. 597. See Speaker's ruling, that the explicit statement of the prime minister must be accepted, 8th June, 1883, 280 H. D. 3 s. 116. Discussion of the conduct of a peer as chairman of a joint committee on a bill has been ruled out of order in committee on the recommitted bill, 111 Parl. Deb. 4 s. 19. 27. 707. 5 276 H. D. 3 s. 934; 287 ib. 1732; 320 ib. 1024. 1031; 322 ib. 463; 12 Parl. Deb. 4 s. 1807; 14 ib. 1090; 8 9 36 ib. 201; 52 ib. 23; 75 ib. 891; The Speaker has also ruled out 714th Feb. 1878, 237 H. D. 3 s. 1639; 6th March, 1878, 238 ib. 799; 22nd Feb. 1897, 46 Parl. Deb. 4 s. 892. 8 3 Burton's Parliamentary Diary, 140. 141, 8th Feb. 1658. Mr. Berkeley was called to order, 20th March, 1860, for referring to members by name, as having spoken, in former sessions, against the ballot, 157 H. D. 3 s. 939. 748. 125 Parl. Deb. 4 s. 1530; 133 ib. turn, of misrepresentation; charging him with falsehood Chapter The rules of the House of Lords upon this point are very distinctly laid down in standing order No. 28, which directs "that all personal, sharp, or taxing speeches be forborne in the house; and that if any offence be given of that kind, the house "will sharply censure the offender." 5 1 A charge that a member has obstructed the business of the house, or that a speech is an abuse of the rules of the house is not out of order, 308 H. D. 3 s. 1170; 125 Parl. Deb. 4 s. 945. 2 For examples of unparliamentary expressions, see 28th Nov. 1770 (Mr. Charles Fox), 2 Cavendish Deb. 118. 120; Debates, 3rd March, 1864; 173 H. D. 3 s. 1406; and cases of Viscount Palmerston and Mr. Layard, 27th April, 1855, and of Mr. Gathorne Hardy and Mr. Layard, 7th July, 1864 (vote of confidence) as to the words, "calumnious charges," 137 ib. 1895; 176 ib. 1003; also 186 ib. 173. 422. 441. 884; 187 ib. 953; 188 ib. 1895. "Dodge" ruled to be an unparliamentary expression, 193 ib. 1297; so also "factious opposition," ib. 1741; and "jockeyed," 198 ib. 521; and accusing a member of having "deliberately raised a false issue," 205 ib. 1743; and having " passed a somewhat impertinent censure," 206 ib. 1685; "hypocritical lovers of liberty," 237 ib. 1639; "rude remarks," 320 ib. 763; "falsehood," 96 ib. 1206; 314 ib. 258; 92 Parl. Deb. 4 s. 159; "gross calumny," 106 28th Feb. 1890, 341 ib. 1570. Chapter Offensive words committee, words dealt with by Parlia heat. On the 10th December, 1766, notice was taken of some Words of words that had passed between the Duke of Richmond and the Earl of Chatham; upon which they were required by the house to declare, upon their honour, "that they would not pursue any further resentment.” 1 The Lords also, to prevent quarrels in debate between Lords. their members,2 have ordered, by standing order No. 29, that a lord who conceives himself to have received an affront or injury from another member within the precincts of the house, shall appeal to the Lords in Parliament for his reparation; or shall, if he declines the justice of the house, undergo their severe censure. Sometimes the Lords have extended this principle to the prevention of quarrels which have arisen out of the house. On the 6th November, 1780, the Lords being informed that the Earl of Pomfret had sent a challenge to the Duke of Grafton, upon a matter unconnected with the debates or proceedings of Parliament, declared the earl "guilty of a high contempt of this house," and committed him to the Tower.8 The House of Commons will insist upon all offensive Commons. uttered in words being withdrawn, and upon an ample apology being see p. 386, made, which shall satisfy both the house and the member Offensive to whom offence has been given. If the apology be refused, or if the offended member decline to express his satisfaction, the house takes immediate measures for preventing the quarrel from being pursued further, by committing both the members to the custody of the Serjeant; whence they are not released until they have submitted themselves to the house, and given assurance that they will not engage in hostile proceedings.5 ment, see p. 99. In 1770, words of heat having arisen between Mr. Fox 131 L. J. 448. 216 ib. 378; Earl Rivers, 8th Feb. 1698. 3 36 ib. 191. 478 C. J. 224; 96 ib. 401; 103 ib. 442. 443; 107 ib. 143. Sir R. Peel and the O'Donoghue, 1862, 117 ib. 64; 165 H. D. 3 s. 617; 167 ib. 854. $8 H. D. 2 s. 1091; Lord Althorp XII. and Mr. Wedderburn, the former rose to leave the house, Chapter upon which the Speaker ordered the Serjeant to close all the doors, so that neither Mr. Fox nor Mr. Wedderburn should go out till they had promised the house that no further notice should be taken of what had happened.1 If words of heat arise in a committee of the whole house, they are reported by the chairman, and the house interposes its authority to restrain any hostile proceedings.2 Challenges The Commons will also interfere to prevent quarrels quarrels. between members, arising from personal misunderstanding and in a select committee, as in the case of Sir Frederick The sending a challenge by one member to another, in 1 MS. Officers and Usages of the 391 ib. 464. 468; 34 H. D. 3 s. + Case of Mr. Roebuck and Mr. Somers, 16th June, 1845, 100 C. J. 589; 81 H. D. 3 s. 601. Notice taken of a challenge sent to a member, on remarks made outside the house, |