VII. Chapter occasion, subjected to the decision of a court of justice.1 On the 11th February, 1884, however, he voted twice during the proceedings caused by the course that he had taken; and an action was brought against him by the Crown, to enforce the penalty consequent upon the vote of an unsworn AttorneyPenalties member.2 The Court of Appeal decided, 28th January, Bradlaugh. general v. taking the 1885, that the parliamentary "oath must be taken by a cath, see p. member, with the assent of the house, according to the on not 168. Right of a member to take his 160. requirements of the standing orders, and after he has been On the opening of the new Parliament, 13th January, 1886, the Speaker, directly after he had taken the oath, seat, see p. informed the house that he had received an appeal, in the form of letters addressed to him by several members, suggesting that the oath should not be administered to Mr. Bradlaugh until the house had expressed an opinion on the matter, in consequence of the decision by the Court of Appeal, that Mr. Bradlaugh was incapable of taking an oath. The Speaker then stated that no case had been cited showing that a Speaker had, in the administration of the parliamentary oath, taken upon himself original and independent authority. If the Speaker had intervened in the matter, it was in consequence of the action of the house, A friendly suit was not tried to test the legality of this act, as, in the judgment of the court, the pleadings were collusive. Gurney v. Bradlaugh, 1882. 2 12th Feb. 1884, the Chiltern Hundreds granted to Mr. Bradlaugh (see p. 645). 3 Law Reports, 1885, part v. p. 667; 14 Q. B. D. 101, Omission to take the oaths. VII. based on something that had occurred during that Parlia- Chapter By the 30 Chas. II. stat. 2, 13 Will. III. c. 6, and 1 Geo. I. stat. 2, c. 13, severe penalties and disabilities were inflicted Penalties. upon any member of either house who sat or voted without having taken the oaths. By the 29 & 30 Vict. c. 19, any peer voting by himself or his proxy, or sitting in the House of Peers without having taken the oath, is subject, for every such offence, to a penalty of 500l.; and any member of the House of Commons who votes as such, or sits during any debate after the Speaker has been chosen, without having taken the oath, is subject to the same penalty, and his seat is also vacated in the same manner as if he were dead. When members have neglected to take the oaths from haste, accident, or inadvertence, it has been usual to pass Acts of indemnity, to relieve them from the consequences of their neglect. In the Commons, however, it is neces- Exception sary to move a new writ immediately the omission is of Mr. discovered, as the member's seat is vacated.3 1 141 C. J. 5; 302 H. D. 3 s. 21. n 9th March, 1882, the Speaker tated that to object to any member taking the oath except on grounds public or notorious, or within the cognizance of the house, would be simply vexatious, 267 H. D. 3 s. 442. 2 45 Geo. III. c. 5 (Lord J. Thynne); 56 Geo. III. c. 48 (Earl Gower); 1 Will. IV. c. 8 (Lord R. 360 C. J. 148; 67 ib. 286; 69 ib. in the case Salomons, sec p. 162. Chapter VII. of the Chiltern Hundreds, member may not entitled to are sworn. But although a member may not sit and vote until he has Members taken the oath, he may vacate his seat by the acceptance privileges Acceptance of the Chiltern Hundreds, and is entitled to all the other before they privileges of a member, being regarded, both by the house see p. 642, and by the laws, as qualified to serve, until some other disqualification has been shown to exist. Thus, on the 13th April, 1715, it was resolved "that Sir Joseph Jekyll was Anunsworn capable of being chosen of a committee of secrecy, though he had not been sworn at the Clerk's table." On the 11th May, 1858, acting upon this precedent, the house added Baron Rothschild, who had then continued a member for eleven years without having taken the oaths, to the committee appointed to draw up reasons to be offered to the Lords for disagreeing to the Lords' amendments to the Oaths Bill, at a conference of which he was appointed one of the managers. On the 11th May, 1880, Mr. Bright, who had not yet made his affirmation, was appointed a member of the Parliamentary Oath Committee, upon which he served and voted, before he had made his affirmation. present a petition, see p. 530. 2 It is usual for members who have not yet taken the oaths, to sit below the bar; and care must be taken that they do not, inadvertently, take a seat within the bar, by which they would render themselves liable to the penalties and disqualifications imposed by the statute. of a return. At the beginning of a Parliament, the Return Book, Certificate received from the clerk of the Crown (see p. 150), is sufficient evidence of the return of a member, and the oatlis are at once administered. If a member be elected after a general election, the clerk of the Crown sends to the Clerk of the house a certificate of the return received in the Crown Office; 5 and the member must obtain a certificate 1 18 C. J. 59; Chandler's Debates; 7 Parl. Hist. 57; 2 Hatsell, 88, n. 113 C. J. 167; 150 H. D. 3 s. 336.430. 3 113 C. J. 162. When, 18th May, 1849, notice was taken that strangers were present, Baron Rothschild retained his seat below the bar, although he had not taken the oath; and Mr. Brad- During the session of 1889, the Subscription of oath and VII. from the Public Bill Office of the receipt of that certificate Chapter On the 10th May, 1858, Baron Rothschild having been So soon as a member has been sworn, or has made his affirmation, he subscribes at the table the "test-roll," which affirmation. is a roll of parchment folded into the shape of a book, headed by the oath and affirmation which he has taken or made; and the member is then introduced to the Speaker by the Clerk of the house. New members Members returned upon new writs issued after the general sworn after election, take the oath or make their affirmation in the same manner; and, under the resolution of the 23rd February, 1688, "in compliance with an ancient order and general election. o'clock. On the meeting of the See, when 640. delay in the delivery of the return 1 Parl. Paper, sess. 1848, No. 2 113 C. J. 162. VII. Chapter custom, they are introduced to the table between two members, making their obeisances as they go up, that they may be the better known to the house: " but this practice is not observed in regard to members who, having been chosen at a general election, have established their claim to a seat by an election petition; for they are supposed to Members have been returned at the beginning of the Parliament, petition. when no such introduction is customary. 2 Another difference of form is to be remarked, in reference to new members, and members seated on petition, when coming to be sworn. The former not being in the original Return Book, must bring with them, as already stated, a certificate of their return from the clerk of the Crown: but the latter having become members by the adjudication of an election judge, the clerk of the Crown amends the return by order of the house (see p. 658); and he does not certify to the house the return of such members. seated on the Crown. In the event of the demise of the Crown, all the members Demise of of both houses again take the oath. speech. To return to the ordinary business of the session. When King's the greater part of the members of both houses are sworn, the causes of summons are declared by the king in person, or by commission. This proceeding is the commencement of the session; and in every session but the first of a Parliament, as there is no election of a Speaker, nor any general swearing of members, the session is opened at once by the King's speech, without any preliminary proceedings in either house. Both houses usually meet at Reassembly two o'clock in the afternoon. In the Commons, prayers are of the said before the King's speech, but in the Lords usually not until their second meeting, later in the afternoon. The Commons at four o'clock, see p. 174. 1 10 C. J. 34. 18th Feb. 1874, Dr. Kenealy, a new member, came to the table to be sworn, without the introduction by two members. The Speaker acquainted him with the order of the house, and, refusing to hear any comments from him, directed him to withdraw; whereupon the house resolved that the 4 order be dispensed with, on this 2 2 Hatsell, 85, n. 3 6 Anne, c. 7; 37 Geo. III. c. 137 ; 92 C. J. 490, &c.; 156 ib. 5, &c. When a prince of the blood is to be introduced, prayers are said before the sovereign's arrival. |