differing as to the numbers, great heats and confusion arose, and danger of a decision by the sword. The Speaker took the chair, the mace was forcibly laid on the table, whereupon, the members retiring to their places, the Speaker told the House "he had taken the chair without an order, to bring the House into order." Some excepted against it; but it was generally approved as the only expedient to suppress the disorder. And every member was required, standing up in his place, to engage that he would proceed no further in consequence of what had happened in the grand committee, which was done. 3 Grey 128.

A committee of the whole being broken up in disorder, and the chair resumed by the Speaker without an order, the House was adjourned. The next day the committee was considered as thereby dissolved, and the subject again before the House; and it was decided in the House, without returning into committee. 3 Grey 130.

No previous question can be put in a committee; nor can this committee adjourn as others may; but if their business is unfinished, they rise, on a question, the House is resumed, and the chairman reports that the committee of the whole have, according to order, had under their consideration such a matter, and have made progress therein; but not having had time to go through the same, have directed him to ask leave to sit again. Whereupon a ques. tion is put on their having leave, and on the time when the House will again resolve itself into a committee. Scob. 38. But if they have gone through the matter referred to them, a member moves that the committee may rise, and the chairman report their proceedings to the House; which being resolved, the chairman rises, the Speaker resumes the chair, the chairman informs him that the committee have gone through the business referred to them, and that he is ready to make report when the House shall think proper to receive it. If the House have time to receive it, there is usually a cry of "now, now," whereupon he makes the report: but if it be late, the cry is " to-morrow, to-morrow," or " on Monday, &c." or a motion is made to that effect, and a question put that it be received to-mor Tow, &c. Scob. 38.

Examination of Witnesses.

91

In other things the rules of proceeding are to be the same as in the House. Scob. 39.

SECTION 13.

EXAMINATION OF WITNESSES.

COMMON fame is a good ground for the House to proceed by enquiry, and even to accusation. Resolution House Commons 1. Car. 1. 1625. Rush. L. Parl. 115. 1 Grey 16....22. 42. 8 Grey 21, 23, 27, 45.

As the heads of impeachment were severally read against the Lord Clarendon in 1667, some member in his place, stated to the House, " that several persons had undertaken to make that head good." Or, "that the member had heard this from a certain great lord." Or," that this was too public to stand in need of proof." Or, in one instance, "that the member did not doubt that it will be made out." St. Tr. 558. 4 Hats. 137.

Witnesses are not to be produced but where the House has previously instituted an enquiry. 2 Hats. 102. nor then are orders for their attendance given blank. 3 Grey 51. The process is a summons from the House. 4 Hats. 255, 258.

When any person is examined before a committee, or at the bar of the House, any member wishing to ask the person a question, must address it to the Speaker or Chairman, who repeats the question to the person, or says to him,

you hear the question, answer it." But if the propriety of the question be objected to, the Speaker directs the witness, counsel and parties, to withdraw; for no question can be moved or put, or debated while they are there. 2 Hats. 108. Sometimes the questions are previously settled in writing before the witness enters. Ib. 106, 107,. 8 Grey 64. The questions asked must be entered in the journals. 3 Grey 81. But the testimony given in answer before the House is never written down; but before a com mittee it must be, for the information of the House, who are not present to hear it. 7 Grey 52, 334.

If either House have occasion for the presence of a per

son in custody of the other, they ask the other their leave that he may be brought up to them in custody. 3 Hats. 52.

A member, in his place, gives information to the House of what he knows of any matter under hearing at the bar. Jour. H. of C. January 22, 1744....5.

Either House may request, but not command the attendance of a member of the other. They are to make the request by message to the other House, and to express clearly the purpose of attendance, that no improper subject of examination may be tended to him. The House then gives leave to the member to attend, if he choose it; waiting first to know from the member himself whether he chooses to attend, till which, they do not take the message into consideration. But when the peers are sitting as a court of criminal judicature, they may order attendance ;unless where it be a case of impeachment by the Commons. There it is to be a request. 3 Hats. 17. 9 Grey 306, 406. 10 Grey 133. Counsel are to be heard only on private not on public bills, and on such points of law only as the House shall direct. 10 Grey 61.

SECTION 14..

ARRANGEMENT OF BUSINESS.

The Speaker shall cause the Clerk of this House to make a list of all bills, resolutions, reports of committees, and other proceedings in this House, which are committed to a committee of the whole House, and which are not made the order of the day, for any particular day, which list shall be called "the general orders of the day."-R. of A. 40.

When the House have proceeded to "the general orders of the day," no other business shall be in order until the House have disposed of the same, by laying them upon the table, or by postponing them until the next day.R. of A. 42.

A settled order of business is necessary for the government of the presiding person, and to restrain individual members from calling up favorite measures, or matters un

der their special patronage, cut of their just turn. It is useful also, for directing the discretion of the House, when they are moved to take up a particular matter, to the prejudice of others having priority of right to their attention in the general order of business.

1. After the reading and reference of petitions, however, bills for a second reading are read, that they may be re-committed to a committee of the whole House, and so put under way.

2. Bills ready for it, are read the third time, and the question taken thereon, which is either to lie on the table, postponed to a day certain, to reject, to re-commit or that the same do pass. If the latter, the Speaker puts the question "Shall this bill pass? Gentlemen as many as agree that this bill do pass, will say aye-those opposed say no." The Speaker then pronounces the vote, " 'tis carried," or "tis lost," as the case may be.

Reports of committees are next in order. These should all be delivered in, that the business may take its proper place upon the general orders of the day.

3. Bills and other matters before the House, and unfinished on the preceding day, whether taken up in turn or on special order, are entitled to be resumed and passed on through their present stage.

4. These matters being dispatched, the general orders of the day is again taken up, and each article of it is brought on according to its priority of entry thereon. And although many bills were passed over the day preceding, the general order, except as to the unfinished business, is to be taken up from the beginning of the list of bills undisposed of by the House.

In this way time is not wasted in debating what shall be taken up; one thing is done at a time: thus the House follows up a subject while it is fresh, and till it is done with; clears the House of business grad atim, and prevents, to a certain degree, its immense accumulation towards the close of the session.

Orders of the day may be called for, even when another question is before the House.

The order of the day shall have the preference to any motion before the House.-R. of A. 31.

SECTION 15.

ORDER.

IN Parliament "instances make order," per Speaker Onslow, 2 Hats. 141. but what is done only by one Parliament, cannot be called custom of Parliament, by Prynne, 1 Grey 52.

SECTION 16.

ORDER RESPECTING PAPERS.

THE Clerk is to let no journals, records, accounts, or papers be taken from the table, or out of his custody. 2 Hats. 193, 194.

Mr. Pryone having at a committee of the whole amended a mistake in a bill without order or knowledge of the committee, was reprimanded. 1 Chand. 77.

A bill being missing, the House resolved that a protestation should be made and subscribed by the members "before Almighty God and this honorable House, that neither myself nor any other to my knowledge, have taken away, or do at this present conceal a bill entitled, &c." 5 Grey

202.

After a bill is engrossed, it is put into the Speaker's hands, and he is not to let any one have it to look into. Town. col, 209.

SECTION 17.

ORDER IN DEBATE.

WHEN the Speaker is seated in his chair, every member is to sit in his place. Scob. 6. 3 Grey 403.

When any member means to speak, he is to stand up in his place, uncovered, and to address himself, not to the