XVI. Chapter request that their lordships will give leave to " the peer in 3 If either The same ceremony is maintained between the two Officers of houses in requesting the attendance of officers connected house. with their respective establishments: but when leave is given them to attend (see p. 431), the words "if they think fit," which are used in the case of members, are omitted in the answer.6 1 12 L. J. 84; 16 ib. 33. 747. 3 Liverpool Docks Bill (Lord desired by the committee itself, and * 3 Hatsell, 21. 11 C. J. 296. 305; 15 ib. 376; Peers, not Whether a peer, who is not a lord of Parliament, may be Chapter being lords ordered to attend in the same form as a commoner, is a matter of Parlia ment. Peers under upon which the two houses have not agreed, as although In 1805, the Commons having sent a message to the accusation. Lords, desiring the attendance of Viscount Melville, to be examined before the committee of Naval Inquiry, the Lords acquainted them, at a conference, that the course adopted by the Lords " has been to permit their members, on their own request, to defend themselves in the House of Commons on points on which the Commons have not previously passed criminating resolutions against them, and to give evidence before the house, or any committee thereof, on those points only on which no matter of accusation is depending against them;" and within these limitations they gave leave to Lord Melville to attend, though the Commons did not think fit to examine him.3 Inquiry to be previously ordered. Before any such message is sent to the other house, or any witness is otherwise summoned, it is right that the house should previously have directed an inquiry into the matter upon which evidence is sought.1 1 3rd May, 1779, Earl of Balcarras, 37 C. J. 366; proceedings regarding the attendance of Lord Teignmouth, sess. 1806, 61 ib. 374. 2 45 L. J. 812; see 2 Hatsell, App. 9; 2 Lord Colchester's Diary, 69. 73, 1st June, 1825. "The chancellor, by Mr. Cowper's advice, thought it necessary to have leave given by the house for the Archbishop of Dublin's attendance before the Commons' committee, although, not being on the rota, he has no seat in the House of Peers, or duty to discharge there." -3 Lord Colchester's Diary, 394. 360 C. J. 265. 272; 1 Lord Colchester's Diary, 558; and see 4 Hatsell, 485. By standing order No. 71, "No lord shall either go down to On the 31st March, 1813, a XVI. Chapter amination. These being the various modes of securing the attendance Mode of exof witnesses to give evidence before either house of Parliament, the mode of examination is next to be considered. Lords of Parliament, and peers not being lords of Parlia- Lords. ment, and peeresses, are sworn at the table of the house, 1 by the lord chancellor ; 1 and other witnesses who are to be ministered com Formerly, every witness about to be examined before a Oaths adselect committee, was required to attend previously at the by Lords" bar to be sworn; but since 1858, by statute 21 & 22 Vict. mittees. c. 78, any committee of the House of Lords may administer an oath to the witnesses before such committee. Witnesses, however, in accordance with the resolution, 11th June, 1857, "that select committees, in future, shall examine witnesses without their having been previously sworn, except in cases in which it may be otherwise ordered by the house," 5 have only been sworn upon inquiries of a special character. any sort, excepting upon a matter 138 L. J. 68. 69; 77 ib. 725; 87 2 Viscount Palmerston, 16th July, 1844. 324 L. J. 136; 14 ib. 18. 4 25 ib. 303; see also ib. 100; 38 ib. 69; 46 ib. 172. 189, where the judges of the Court of Justiciary in Scotland had chairs set for them at the bar, to be examined. 89 ib. 60; Report on Oaths of Witnesses, 1857 (15). -Committees. Oaths. Oaths by com mittees. XVI. In select committees of the Lords, witnesses are placed Chapter in a witness-box or at the shorthand writer's table, to be examined: but members of the House of Commons are allowed a seat near the table, where they sit uncovered. Besides the infliction of punishment for perjury, false evidence before the Lords, prevarication, or other misconduct of a witness, is punishable as a contempt.1 3 The Commons, except during the Commonwealth,2 never asserted the right of administering an oath; though during the seventeenth century they were evidently alive to the importance of such a power, and resorted to various expedients in order to supply the defect in their own authority. 1. They selected some of their own members who were justices of the peace for Middlesex, to administer oaths in their magisterial capacity. 2. They sent witnesses to be examined by one of the judges. 3. They sought to aid their own inquiries by having their witnesses sworn at the bar of the House of Lords: and by examining witnesses on oath before joint committees of both houses; in neither of which expedients were they supported by the Lords. The Commons also assumed a right of delegating to others a To examine power which they did not possess. On the 27th January, solemn 1715, they empowered justices of the peace for Middlesex to examine witnesses in the most solemn manner before a committee of secrecy; and the same practice was resorted to in other cases. Between this time and 1757, several similar instances occurred: but from that year the most important inquiries were conducted without any attempt Power of to revive so anomalous and questionable a practice. At ing oaths length, in 1871, in pursuance of the recommendations of conferred a select committee of 1869, Act 34 & 35 Vict. c. 83 was by statute, in the most manner. administer 1871. passed, empowering the House of Commons and its com- 1 48 L. J. 371, &c. 2 See 6 C. J. 214. 451; 7 ib. 55. 287. 484, &c.; see also 2 ib. 455. See further the author's evidence before the committee on Witnesses (House of Commons), in 1869. 32 Hatsell, 151, et seq.; 9 C. J. 521; 10 ib. 682; 10 ib. 415. 417; 8 18 ib. 353. 596; 19 ib. 301. The . XVI. S. 0. 86, 87, Appendix I. Oath administered by joint committees, Chapter false evidence the penalties of perjury. By standing p. 825. Evidence before Parliament, see p. 427, macious to wit. writers. witnesses. Offences against Parliament committed by those who with- Contuhold or give false evidence are treated as a breach of witnesses. privilege (see p. 75). Though while the house punishes Protection misconduct with severity, it is careful to protect witnesses nesses. from the consequences of their evidence given by order of Shorthand the house (see p. 125); and on extraordinary occasions, Indemnity where further protection has been deemed necessary to elicit to full disclosures, Acts have been passed to indemnify witnesses from all the penal consequences of their testimony.2 The practice of the house regarding evidence sought for Clerks and outside the walls of Parliament touching proceedings the house not to give that have occurred therein is regulated by the resolution of evidence session 1818, which directs that no clerk or officer of the without house, or shorthand writer employed to take minutes of evidence before this house, or any committee thereof, shall give evidence elsewhere, in respect of any proceedings or examination had at the bar, or before any committee of the house, without the special leave of the house. Accordingly The committee on Foreign Loans in 1875 was the first to examine witnesses upon oath under the Act; again by the committees on Privilege (Tower High Level Bridge); Mr. Goffin's certificate, 1879; Contagious Diseases Acts, 1882. By an instruction, the committee on London Corporation (Charges of Malversation), 1887, were directed to take evidence on oath, 142 C. J. 97. 2 Election Compromises, 1842, 5 & 6 Vict. c. 31; Sudbury Disfranchisement, 1843, 6 & 7 Vict. c. 11; 3 Gaming Transactions, 1844, 7 & 8 3 73 C. J. 389. Under sect. 24 of officers of leave. |