Proceed

Lords.

deemed it right to call them together, several vacancies had
been caused by the acceptance of office from the Crown;
and that it was her Majesty's pleasure that an opportunity
should be given to issue writs for supplying the vacancies
so caused, and that after a suitable recess they might pro-
ceed to the consideration of such matters as would then be
laid before them.1 This proceeding obviated the necessity
of an address; the new writs were issued, and both houses Regarding
adjourned. On a similar occasion, when a sitting of the election
house was appointed for the issue of the new writs occa- are pend-
sioned by a change of ministry, it has been ruled that no ing, see pp.
632, 636.
debate can be raised, nor business transacted of a con-
tentious character.2

writs when

petitions

the Lords,

But, to proceed with the accustomed forms, the Commons ings in the withdraw immediately after the king's pleasure for the election of a Speaker has been signified, and return to their own house, while the House of Lords is adjourned during Prayers. pleasure, to unrobe. On that house being resumed, the prayers, with which the business of each day is commenced, are read, for the first time, by a bishop, or if no bishop be present, by any peer in holy orders; or if there be none Places in present, then by the lord chancellor or lord on the woolsack, see p. 177. or by any peer who may be in the house. The lord chancellor first takes and subscribes the oath singly, at the table. The clerk of the Crown delivers a certificate of the return of the sixteen representative peers of Scotland; and Garter king-of-arms the roll of the lords temporal; after which the lords may present their writs at the table, and take and subscribe the oath required by law (see p. 161).

4

3

3 Usually the junior bishop, i.e. the bishop last admitted to the house.

A new writ is issued to every peer, except Scotch representative peers, at the commencement of each new Parliament. A peer by descent, before he can take his seat for the first time, proves his right, to the satisfaction of the lord chancellor.

Chapter A peer of the blood royal takes the oath singly, like the lord chancellor.1

VII.

tion of

At this time also peers are introduced who have received Introducwrits of summons, or who have been newly created by letters peers. patent, and they present their writs or patents to the lord chancellor, kneeling on one knee. They are introduced in their robes, between two other peers of their own dignity, also in their robes, and are preceded by the gentleman usher of the Black Rod (or in his absence by the yeoman usher), by Garter king-of-arms (or in his absence by Clarenceux kingof-arms, or any other herald officiating for Garter king-ofarms), and by the earl marshal, and lord great chamberlain. It is not necessary, however, that the two last officers should be present. Being thus introduced, peers are conducted to their seats, according to their dignity.

When a new representative peer of Ireland has been elected, he is not introduced, but simply takes and subscribes the oath. The clerk of the Crown in Ireland attends with the writs and returns, with his certificate annexed, which certificate is read and entered on the journal.3

A bishop is introduced by two other bishops, presents his And bishops. writ, on his knee, to the lord chancellor, and is conducted to his seat amongst the spiritual lords, but without some of the formalities observed in the case of the temporal peers. Peers by descent, or by special limitation in remainder, Peers by are introduced under standing orders Nos. 13 and 14—

"All peers of this realm by descent, being of the age of one and twenty years, have right to come and sit in the House of Peers without any introduction: no such peers ought to pay any fee or fees to any herald upon their first coming into the House of Peers: no such peers may or shall be introduced into the House of Peers by any herald, or with any ceremony; but such peers may, if they shall think fit, upon taking their seats, lay on the table of the house the letters patent, by

Prince of Wales, 95 L. J. 6; Duke of Edinburgh, 98 ib. 382; 118 ib. 6.

273 ib. 569; 89 ib. 6. The lord chancellor lays his patent, kneeling, on the chair of state. For proceed

ings on the introduction of the
Prince of Wales, also of the Duke
of York, see Lords' Minutes, 5th
Feb. 1863; 14th and 17th June,
1892.

3 73 L. J. 575.

descent.

VII.

which the peerages in right of which they are severally summoned to Chapter Parliament shall have been granted, in order that the same may be entered on the journals of the house, and the said letters patent having By special been so entered, shall be delivered back to such peers; every peer of limitations this realm claiming by virtue of a special limitation in remainder, and mainder. not claiming by descent, shall be introduced."

in re

The lord chancellor explains to the house the descent. of a peer who comes to take the oath, on occasions when such explanation is necessary.1

Election of The Commons, in the mean time, proceed to the election Duties of a Speaker Speaker, by the of their Speaker. A member, addressing himself to the see p. 191. Commons. Clerk (who, standing up, points to him, and then sits down),

3

proposes to the house some other member then present,
and moves that he "do take the chair of this house as Rank of
Speaker,
Speaker," which motion is seconded by another member.2 see p. 195.
If no other member be proposed as Speaker, the motion is
ordinarily supported by an influential member (generally
the leader of the House of Commons), and the member
proposed is called by the house to the chair, without any
question being put. He now stands up in his place, and
expresses his sense of the honour proposed to be conferred.
upon him, and submits himself to the house; the house
again unanimously call him to the chair, when his proposer
and seconder take him out of his place and conduct him
to the chair. If another member be proposed, a similar
motion is made and seconded in regard to him; and both
the candidates address themselves to the house. A debate

1 120 L. J. 6.

2 Mr. Pitt was desirous of proposing Mr. Addington himself: but Mr. Hatsell, on being consulted, said, "I think that the choice of the Speaker should not be on the motion of the minister. Indeed, an invidious use might be made of it, to represent you as the friend of the minister, rather than the choice of the house." Mr. Pitt acknowledged the force of this objection. 1 Pellew, Life of Lord Sidmouth, 78. 79. A county and a borough member are generally selected for proposing and seconding

the Speaker. In 1868, a borough and
a university member performed this
office. When a Speaker is re-elected
without opposition, it has been usual
for the proposer and seconder to be
taken from different sides of the
house, as in 1852, 1859, 1866, 1868,
1874, 1880, 1886, 1892, 1895 (sess.
II.), and 3rd Dec. 1900, 155 C. J.
406.

3 2 Hatsell, 218; 112 C. J. 119;
121 ib. 9; 139 ib. 74; 141 ib. 315;
147 ib. 412; 150 ib. 340; 155 ib.
406; 160 ib. 249.

VII.

Chapter ensues in relation to the claims of each candidate, in which the Clerk continues to act the part of the Speaker, standing up and pointing to the members as they rise to speak, and then sitting down. When this debate is closed, the Clerk puts the question that the member first proposed "do take the chair of this house as Speaker," and if the house divide, he directs one party to go into the right lobby, and the other into the left lobby, and appoints two tellers for each. If the majority be in favour of the member first proposed, he is at once conducted to the chair: but if otherwise, a similar question is put in relation to the other, which being resolved in the affirmative, that member is conducted to the chair by his proposer and seconder.1 According to usage, the two members who are proposed for the chair take part in the division, each member giving his vote in favour of his rival.2

elect

The Speaker elect, on being conducted to the chair, Speaker stands on the upper step, and expresses "his grateful returns thanks," or "his humble acknowledgments," "for the high thanks. honour the house had been pleased to confer upon him;"

and then takes his seat. The mace, which up to this time The mace.
has been under the table, is now laid upon the table, where
it is always placed during the sitting of the house, with the
Speaker in the chair. Mr. Speaker elect is then con-
gratulated by some leading member; he puts the question
for adjournment, and when the house adjourns leaves the
house without the mace before him.

The house meets on the following day, and Mr. Speaker Royal ap

190 C. J. 5.

2 Election of Mr. Abercromby, 19th Feb. 1835, 26 H. D. 3 s. 56. Election of Mr. Shaw Lefevre, 94 C. J. 274; Division List, 27th May, 1839, No. 75. On the occasion of the election of Mr. Gully, 10th April, 1895, both candidates abstained from voting. In accordance with precedent government tellers were appointed.

3 90 C. J. 5; 108 ib. 7; 112 ib. 119; 135 ib. 123; 139 ib. 74; 141 ib.

probation of the 315; 147 ib. 412; 150 ib. 149. 340; Speaker 155 ib. 406; 160 ib. 249.

The present mace dates from the restoration of Charles II., when a new mace was ordered, 21st May, 1660, 8 C. J. 39. After the death of Charles I., in 1648, a new mace had been made, which was the celebrated" bauble" taken away by Cromwell's order, on the 19th April, 1653, and restored on the 8th July of the same year, 6 ib. 166; 7 ib. 282.

elect.

Lays claim to the

VII.

elect takes the chair and awaits the arrival of the Black Chapter
Rod from the lords commissioners. When that officer has
delivered his message, Mr. Speaker elect, with the house,
goes up to the House of Peers, and acquaints the lords.
commissioners

"That in obedience to his Majesty's commands, his Majesty's faithful
Commons, in the exercise of their undoubted right and privilege, have
proceeded to the election of a Speaker, and as the object of their choice
he now presents himself at your bar, and submits himself with all
humility to his Majesty's gracious approbation."

In reply, the lord chancellor assures him of his Majesty's sense of his sufficiency, and "that his Majesty most fully approves and confirms him as the Speaker." 1

petition for

When the Speaker has been approved, he lays claim, on Speaker's privileges behalf of the Commons," by humble petition to his Majesty, Commons" to all their ancient and undoubted rights and privileges," privileges, which being confirmed, the Speaker, with the Commons, retires from the bar of the House of Lords.

of the Commons.

Speaker elected for the whole

Parliament.

see p. 59.

absence of

The Speaker thus elected and approved, continues in that See als office during the whole Parliament, unless in the mean time Speaker, he resigns or is removed by death. If the vacancy in the P. 195. chair is caused by the Speaker's acceptance of office, protracted illness or death, the Clerk, at the ensuing meeting of the house, announces the death of the Speaker, or reads a letter which the Speaker, stating the cause of his retirement, has addressed to the Clerk. Immediately after the announcement has been made, the mace is brought into the house by the Serjeant, and is laid under the table. A member then rises, and, addressing the Clerk, moves the adjournment of the house, who puts the question "by the direction of the house." The Speaker, on other occasions, informs the house of the cause that compels his retirement from the chair.2

180 L. J. 8; 89 ib. 6, &c. It was formerly customary for the Speaker elect to declare that he felt the difficulties of his high and arduous office, and that, "if it should be his Majesty's pleasure to disapprove of this choice, his Majesty's faithful

Commons will at once select some
other member of their house, better
qualified to fill the station than
himself (see also p. 158).

2 44 C. J. 45; 56 ib. 33; 57 ib.
92; 72 ib. 306; Mr. Speaker Shaw
Lefevre, 112 ib. 89; Mr. Speaker