« PreviousContinue »
self to that only, and not travelling into the merits of it, Memorials in Hakew. 29; or to the orders of the House, if they be transgressed, keeping within that line, and not falling into the matter itself.-Mem. Hakew. 30, 31.
But if the Speaker rises to speak, the meinber standing up ought to sit down, that he may be first heard.-Town. col. 205-Hale. Parl. 133.
-Mem. in Hakew. 30, 31. Nevertheless, though the Speaker may of right speak to matters of order and be first heard, he is restrained from speaking on any other subject, except where the House have occasion for facts within his knowledge; then he may, with their leave, state the matter of fact.-3 Grey, 38.
No one is to speak impertinently or beside the question, superfluously or tediously.-Scob. 31. 33-2 Hats. 166. 168-Hale. Parl. 133.
No person is to use indecent language against the proceedings of the House, no prior determination of which is to be reflected on by any member, unless he means to conclude with a motion to rescind it.-2 Hats. 169, 170-Rushw. p. 3. v. 1. fol. 42. But while a proposition is under consideration, is still in fieri, though it has even been reported by a committee, reflections on it are no reflections on the House.-9
No person, in speaking, is to mention a member then present by his name; but to describe him by his seat in the House, or who spoke
last or on the other side of the question, &c. Mem. in Hawk.-3 Smyth's Comw. L. 2. c. 3; nor to digress from the matter to fall upon the person. Scob. 31-Hale. Parl. 133--2 Hats. 166, by speaking, reviling, nipping, or unmannerly words against a particular member. Smyth's Comw. L. 2. c. 3. The consequences of a measure may be reprobated in strong terms; but to arraign the motives of those who propose or advocate it, is a personality, and against order. Qui digreditur a materia ad personam, Mr. Speaker ought to suppress.-Ord. Com. 1604, Apr. 19.
When a member shall be called to order, he shall sit down until the President shall have determined whether he is in order or not.-Rule 16.
No member shall speak to another, or otherwise interrupt the business of the Senate, or read any printed paper, while the journals or public papers are reading, or when any member is speaking in any debate.--Rule 2.
Whilst the Speaker is putting any question, or addressing the House, none shall walk out of or across the House; nor, in such case, or when a member is speak ing, shall entertain private discourse; nor whilst a member is speaking, shall pass between him and the chair.-Rules H. R. 25.
No one is to disturb another in his speech, by hissing, coughing, spitting, 6 Grey, 332-Scob. 8-D'Ewes, 332, col. 1; nor stand up to interrupt him, Town. col. 205-Mem. in Hakew. 31; nor to pass between the Speaker and the speaking member; nor to go across the House, Scob. 6; or to walk up and down it; or to take
books or papers from the table, or write there. 2 Hats. 171.
Nevertheless, if a member finds it is not the inclination of the House to hear him, and that, by conversation or any other noise, they endeavour to drown his voice, it is the most prudent way to submit to the pleasure of the House, and sit down; for it scarcely ever happens that they are guilty of this piece of ill manners without sufficient reason, or inattentive to a member who says any thing worth their hearing.-2 Hats. 77, 78.
If repeated calls do not produce order, the Speaker may call by his name any member obstinately persisting in irregularity; whereupon the House may require the member to withdraw. He is then to be heard in exculpation, and to withdraw. Then the Speaker states the offence cominitted, and the House considers the degree of punishment they will inflict.-2 Hats. 169, 7, 8, 172.
For instances of assaults and affrays in the House of Commons, and the proceedings thereon, see 1 Pet. Misc. 82-3 Grey, 128-4 Grey, 328-5 Grey, 38-26 Grey, 204-10 Grey, 8. Whenever warm words or an assault have passed between members, the House, for the protection of their members, requires them to declare in their places not to prosecute any quarrel, 3 Grey, 128. 293-5 Grey, 289; or orders them to attend the Speaker, who is to accommodate their differences, and to report to
the House, 3 Grey, 419; and they are put under restraint, if they refuse, or until they do. 9 Grey, 234. 312.
Disorderly words are not to be noticed till the member has finished his speech.-5 Grey, 356 -6 Grey, 60. Then the person objecting to them, and desiring them to be taken down by the clerk at the table, must repeat them. The Speaker then may direct the clerk to take them down in his minutes. But if he thinks them not disorderly, he delays the direction. If the call becomes pretty general, he orders the clerk to take them down, as stated by the objecting member. They are then part of his minutes, and when read to the offending member, he may deny they were his words, and the House must then decide by a question whether they are his words or not. Then the member may justify them, or explain the sense in which he used them, or apologize. If the house is satisfied, no further proceeding is necessary. But if two
members still insist to take the sense of the House, the member must withdraw before that question is stated, and then the sense of the House is to be taken.-2 Hats. 199-4 Grey, 170-6 Grey, 59. When any member has spoken, or other business intervened, after offensive words spoken, they cannot be taken notice of for censure. And this is for the common security of all, and to prevent mistakes, which must happen, if words are not taken down immediately. Formerly, they might be taken
down any time the same day.-2 Hats. 196Mem. in Hakew. 71-3 Grey, 48-9 Grey,
Disorderly words spoken in a committee, must be written down as in the House; but the committee can only report them to the House for animadversion.-6 Grey, 46.
The rule of the Senate says, If a member be called to order for words spoken, the exceptionable words shall be immediately taken down in writing, that the President may be better enabled to judge.-Rule 17.
In Parliament, to speak irreverently or seditiously against the King, is against order. Smyth's Comw. L. 2. c. 3-2 Hats. 170.
It is a breach of order in debate to notice what has been said on the same subject in the other House, or the particular votes or majorities on it there; because the opinion of each House should be left to its own independency, not to be influenced by the proceedings of the other; and the quoting them might beget reflections leading to a misunderstanding between the two Houses.- -8 Grey 22.
Neither House can exercise any authority over a member or officer of the other, but should complain to the House of which he is, and leave the punishment to them. Where the complaint is of words disrespectfully spoken by a member of another House, it is difficult to obtain punishment, because of the rules supposed necessary to be observed (as to the immediate noting down of words) for the security of members. There