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Chapter request that their lordships will give leave to” the peer in
question“ to attend, in order to his being examined” before
not by the parties. 3 Liverpool Docks Bill (Lord * 3 Hatsell, 21. Harrowby), 103 C. J. 438; Salford 511 O. J. 296. 305; 15 ib. 376; Borough Bill, 108 ib. 434; Thames (Mr. W. S. O'Brien), 101 ib. 603. Embankment Approaches Bill, 1873 6103 ib. 658; 112 ib. 61 ; 113 ib. (Duke of Northumberland). In this 255. case the attendance of the duke was
of Parlia. ment,
Peers, not · Whether a peer, who is not a lord of Parliament, may be Chapter being lords adorndt
as ordered to attend in the same form as a commoner, is a matter
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
Commons did not think fit to examine him.3
any witness is otherwise summoned, it is right that the ordered.
house should previously have directed an inquiry into the
1 3rd May, 1779, Earl of Balcarras, 37 C. J. 366; proceedings regarding the attendance of Lord Teignmouth, sess. 1806, 61 ib. 374.
? 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. . 3 60 C. J. 265. 272; 1 Lord Col. chester's Diary, 558; and see 4 Hat. sell, 485. By standing order No. 71,
“No lord shall either go down to the House of Commons, or send his answer in writing, or appear by counsel, to answer any accusation there, upon penalty of being committed to the Black Rod, or to the Tower, during the pleasure of this house."
- On the 31st March, 1813, a motion being made for a message to the Lords for the attendance of Lord Moira to give information concern. ing the Princess of Wales, the Speaker desired the attention of the house to the proceeding as novel and unparliamentary; "the rule being, according to all precedents, not to desire the attendance of witnesses of
Chapter These being the various modes of securing the attendance Mode of ex-
of witnesses to give evidence before either house of Parlia-am
Formerly, every witness about to be examined before a Oaths ad-
any sort, excepting upon a matter pending in the house, and which the house had previously resolved to examine.” The motion was superseded by reading the order of the day, 68 C. J. 364; 2 Lord Colchester's Diary, 434.
1 38 L. J. 68. 69; 77 ib. 725; 87 ib. 213.
? Viscount Palmerston, 16th July,
" 25 ib. 303 ; see also ib. 100; 38
689 ib. 60; Report on Oaths of Witnesses, 1857 (15).
In select committees of the Lords, witnesses are placed Chapter mittees
in a witness-box or at the shorthand writer's table, to be -
allowed a seat near the table, where they sit uncovered. Oaths. Besides the infliction of punishment for perjury, false
evidence before the Lords, prevarication, or other miscon
duct of a witness, is punishable as a contempt.1 Oaths by The Commons, except during the Commonwealth, never Commons'
3 asserted the right of administering an oath ; though during
the seventeenth century they were evidently alive to the
Commons also assumed a right of delegating to others a
* 1715, they empowered justices of the peace for Middlesex
important inquiries were conducted without any attempt Power of to revive so anomalous and questionable a practice. At administer,
the length, in 1871, in pursuance of the recommendations of
passed, empowering the House of Commons and its com-
521; 10 ib. 682; 10 ib. 415. 417; 8 2 See 6 C, J. 214. 451 ; 7 ib. 55. ib. 325. 327; 2 ib. 502; 8 ib. 647. 287. 484, &c.; see also 2 ib. 455. See 655. further the author's evidence before 18 ib. 353. 596 ; 19 ib. 301. The the committee on Witnesses (House committee on the South Sea Comof Commons), in 1869,
pany, 1721, 19 ib. 403; 21 ib. 851. 32 Hatsell, 151, et seq.; 9 C. J. 852; 2 Hatsell, 151-157.
Chapter false evidence the penalties of perjury. By standing .XVI.
_orders Nos. 86 and 87, oaths and affirmations, under the 8.0.86, Oaths Act, 1888 (see p. 160), are administered to witnesses, 87, Appendix I." before the house or a committee of the whole house, by a Oath ad.
clerk at the table; and before a select committee, by the by joint chairman, or by the clerk attending the committee. It committees, see p. 423 ; is not usual, however, for select committees to examine by private bill com- witnesses upon oath, except upon inquiries of a judicial or mittees, see other special character. p. 825. Offences against Parliament committed by those who with- Contu
macious hold or give false evidence are treated as a breach of witnesses. privilege (see p. 75). Though while the house punishes Protection
to wit. 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. The practice of the house regarding evidence sought for Clerks and
officers of outside the walls of Parliament touching proceedings the house that have occurred therein is regulated by the resolution of session 1818, which directs that no clerk or officer of the without house, or shorthaud 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 Eridence house, without the special leave of the house. Accordingly before Parliament, see p. 427,
1 The committee on Foreign Gaming Transactions, 1844, 7 & 8 Loans in 1875 was the first to ex. Vict. c. 7. amine witnesses upon oath under 3 73 C. J. 389. Under sect. 24 of the Act; again by the committees the Election Petitions Act, 1868, the on Privilege (Tower High Level shorthand writer of the House of Bridge); Mr. Goffin's certificate, Commons shall attend to take notes 1879; Contagious Diseases Acts of the evidence before the election 1882. By an instruction, the com. judge. An order of the house is not mittee on London Corporation required to enable the shorthand (Charges of Malversation), 1887, writer who has attended a trial of were directed to take evidence on an election petition to give evidence oath, 142 C. J. 97.
thereon elsewhere, as the trial is not · 2 Election Compromises, 1842,5 a proceeding of the house (private & 6 Vict, c. 31 ; Sudbury Disfran. ruling, 7th Feb. 1873). chisement, 1843, 6 & 7 Vict. c. 11;