To evade question or alter its meaning, 175. Object and principle of an amend- ment, 180. Forms of amendment: to leave out words, 181. To leave out words and to insert or add others, ib. To insert or add words only, ib. When to be moved, ib. Restrictions in proposing, 182. Amend- ments to amendments explained and illus- trated, 183. Moved before previous ques- tion, 184. Moved afterwards, 185. In the commons must be seconded, ib. AMENDMENTS (BILLS);
In regard to public bills; to questions for second reading of bills, 277. To ques- tion for speaker leaving the chair, 279. Amendments to bills in committee, when to be offered, 280. What amendments admissible in committee, 280, 281. Autho- rized by instruction, 281. Amendments to preamble, ib. Amendments to bills on the report, 283. On the third reading, 285, 286. Proceedings upon amendments made to bills by the other house, 288. And amendment of such amendments, 288, 289. Consequential amendments, 289. Conferences when amendments disagreed to, 289, 290. Free conferences, 290. AMIENS, Peace of; amendment of question concerning, 175.
APOLOGIES; when required of members, 205.
APPROPRIATION ACT; reserved until the
end of the session, 319. How effect is given to the votes of the commons in the meantime, 320. Its enactments, 333. Presented by the speaker for the royal assent, 334.
ARREST, FREEDOM FROM;
Antiquity of this privilege, 83. Extends to members of both houses, ib. And for- merly to their servants, ib. Freedom of members and their servants from liability to answer subpoenas, and to serve on juries, ib.; and from commitments by courts of justice, 84. Servants at present have no privilege, ib.
Earliest recognition of the privilege, 84, 85. Exception in the case of Mr. Speaker Thorpe, 85, 86. Vindicated in the case of George Ferrers, 1543, 86-88. Case of Smalley, the servant of a member, 88. Fitzherbert's case, ib. Neale's case, 89. Cases in the lords, ib.
Sir T. Shirley's case, 90. Statutes re- lating to the privilege, 90-92. Servants' privilege discontinued, 92, 93. Members, how released at present, 93. Duration of privilege, and to whom extended, 94-97.
Whether enjoyed by members in execution before their election, 97.
Privilege has not been allowed to inter- fere with the administration of criminal justice, 104. Causes of commitment on criminal charges must be communicated to the house, 105, 106. Commitments for contempt, 106-109. Privilege extends to all witnesses summoned to attend before either house of Parliament, and to others in personal attendance upon the business of Parliament, 110-112.
ARTICLES of Impeachment, 377.
ARUNDEL, Earl of; privilege of Parliament asserted in the case of, in staying pro- ceedings in the Star Chamber for contempt, 108.
ASGILL, Mr. (1707); exercise of the privi- lege of the commons in the case of, 93. ASHBY & WHITE; case of, in 1704, referred to, 41. 50. Outline of the proceedings, 123, 124.
ASSAULT, or Obstruction of Members pu- nished; resolution of the commons con- cerning, 64, 65.
ASSISTANTS OF THE LORDS; enumerated; how summoned, 155. Were present in the consilium regis, 156. Their attend- ance and place in the House of Lords, ib. Occasionally employed in carrying bills to the commons, 249, 250. 287.
ATHOL, Earl of, v. DERBY, Earl of, 95. ATTAINDER, Acts of; Judicature of Par- liament in passing, 38. Forms observed, 382. The highest form of parliamentary judicature, ib. How reversed, 445. ATTENDANTS OF THE LORDS, 156. 250. 287.
ATWYLL'S Case, 17 Edw. 4; 45. 85. 99. AUBREY, Mr. (1756); privilege extended to,
while promoting a bill in the house, 112. "AYES" and "NOES" on a division, 178. "AYLESBURY MEN," The; case of, re- ferred to, 40. 50. 116. Outline of the proceedings in the case of, 123, 124.
BAIL; the courts of law will not admit to bail persons committed by either house of Parliament, 56-59.
BALCARRAS, Earl of; summoned to attend the House of Commons, 242. BALLOT; for notices of motion, 168. Se- lect committees occasionally appointed by, 232. For petitions, 308. Formerly used in the appointment of election com- mittees, 342.
BALTINGLASSE, Lord (1641); case of, 92. BAMPFIELD, Sir William (1614); case of, 107.
BANKRUPTS; members found bankrupt in-
capable of sitting and voting for 12 months, 28. Powers given to the speaker in a recess to issue warrants for new writs, 341.
BARNARDISTON v. SOMES (1674); jurisdic- tion of the courts in matters of privilege explained by Lord Chief Justice North in, 116.
BARONS; inquiry into the origin of the title, 9.
BARWELL, Mr.; his refusal to withdraw from a committee; speaker's opinion that he ought to withdraw, 235.
BATH, Archdeacon of; committed by the commons, in 1640, for libel on Parlia- ment, 63.
BEAUMONT, John Viscount; created by Henry 6, being the first upon whom the title was conferred, 8.
BENEDICT ABBAS; his mention of the commons (A. D. 1176), 16.
BENYON v. EVELYN; jurisdiction of the courts in matters of privilege, defined by Sir Orlando Bridgman in, 118.
BILL OF RIGHTS; to be considered but a declaration of the ancient law of Eng- land, 4. Extract from, declaring the sus- pending or dispensing with laws, without consent of Parliament, to be illegal, 4. n. Freedom of speech in Parliament con- firmed by, 80.
Public bills presented in the Lords, 271. In the Commons leave given to bring them in, ib. Motion for such leave, ib. Instructions to gentlemen appointed to bring them in, 272. Preliminaries to mo- tions for bringing in bills, in certain cases, ib. Bills originating in committee, ib.; relating to religion and trade, ib. The grant of public money, 273; or the impo- sition of a charge upon the subject, ib. Construction of these rules, with prece- dents, 273-275.
Preparing bills, 275. Blanks; italics, ib. Bills presented, ib. First reading, 276. Second reading ordered on a future day, and bill printed, ib. Reading bills, explained, ib. Ancient custom of bre- viates, 277.
Second reading; forms of amendments, 277, 278. Bills rejected; and rejected and torn, 278. In what cases counsel heard, ib. Committees on bills, Lords and Commons, 279. Proceedings in com- mittee, 279, 280. Amendments when to be offered, 280. Blanks filled up, ib. What amendments admissible, ib. structions to enable committee to consider clauses extraneous to the title, 281. Bills divided into two by instruction, &c. ib.
Report of progress; and report of the bill, 281. Proceedings on report of bills, 282. Bills reprinted, 283. Clauses added, and amendments made, ib. Bills re-com- In- mitted; again re-committed, 284. grossment, 284, 285. Third reading, 285. Time of proposing new clauses, 286. Bill passed, ib. Title of the bill, ib.
Form in which bills are communicated from lords to commons, 287. Bills sent by mistake, 288. Bills communicated from commons to lords, ib. Amendments of the other house, agreed to or amended, ib. Consequential amendments, 289. Dis- agreed to; conferences and free conferences, 255, 256. 289, 290. By whom and when desired, 290. Indorsement of bills, 291.
Royal assent, 291. By commission; origin of giving royal assent by commis- sion, 291, 292. Form of commission; form of royal assent by commission, 293. Form of words used for different classes of bills, ib. Form in which the royal assent is refused, ib. Use of the Norman French, ib. Royal assent by the Queen in per- son, 294. Ingrossment rolls, ib.
Intermediate forms and stages of bills not binding, 295. Bills passed with un- usual expedition, ib. Informalities in the agreement of both houses, 296. Pylking- ton's case, 297. Factories Bill of 1829, ib. Schoolmasters' Widows' Fund (Scot- land) Bill, 1843; 298. Imperfect indorse-
ment of bills, 298. Informalities in the royal assent, ib. Duke of Norfolk's at- tainder declared void, 299, 300.
The lords spiritual, an estate of the realm, 5. Their tenure, 5, 6. Represen- tative bishops of Ireland, 6. Their posi- tion in Parliament, 10, 11. How intro- duced on taking their seats, 135. Repre- sentative bishops of Ireland not intro- duced, ib. Read prayers in the House of Lords, ib. Doubts whether, by law, they are required to be summoned at the trial of peers, 381. They attend, but withdraw before the vote of guilty or not guilty, with a protestation saving their rights in judicature, 381, 382.
BLACKSTONE's Commentaries cited, 5. 16. 83. 94.
BLACKSTONE, Mr. Justice; affirmed it to be the duty of the courts to presume the orders of the commons and their execu- tion to be according to law, 117, BLAIR, Sir Adam; impeached of high trea-
son, with four other commoners, 376.
BLANKS IN BILLS, explained, 274, 275. In private bills, 406.
BLOOD; restitution in, 271. 445.
BOARD OF TRADE; Assist in the examina-
tion of private bills, 386. Copies of pri-
vate bills and breviates to be sent to Pri- vate Bill Office for, 406.
BOOKS AND LETTERS; not to be read by members in their places, 207.
Publication of evidence and documents not reported to the house, 237, &c. See also PRIVILEGES.
BRERETON, Mr. ; Case of (1605), 107. BREVIATES. Of Public Bills; ancient custom; suggestions thereon, 277.
Of Private Bills; 408. Breviate of amendments made by the committee, submitted to the chairman of ways and means, 431.
BRIBERY; special reports of election com- mittees, 366. Proof of agency not to pre- cede evidence of bribery, 367. Results of this law, ib. Writs suspended, 368. And election committees re-assembled, ib. When charges of bribery abandoned, ib. Election committees appointed to investi- gate charges of bribery in petitions, or when petitions have been withdrawn, ib. BRIDGMAN, Sir Orlando; jurisdiction of the courts in matters of privilege defined by, 118.
BRITISH CONSTITUTION; how far within the design of this treatise, 1. BRITISH INDIA; the government of, by the East India Company, controlled by ministers responsible to Parliament, 30. BROUGHAM, Mr.; sat as speaker of the lords, 22d November 1830; 152.
BROWN, T.; committed by the lords for publication of debates, 61.
BRUDENELL, Lord; withdraws on question concerning him, 211.
BRYERS, J. (1626); privilege extended to, whilst attending the house as witness,
BRACTON, Judge; limits of royal preroga- BUCKINGHAM, Duke of; proceedings of, tive as laid down by, 4.
BREACHES OF PRIVILEGE;
A contempt of the High Court of Parlia- ment, 49. How punished, ib. Different modes of punishment by lords and com- mons, 70 Defined, 59, et seq. Not punished without due inquiry into alleged offence, 68. Order of the lords, 11th Ja- nuary 1699, ib. Of the Commons, 31st January 1694, and 3d January 1701, ib. Present practice on complaint being made, 69. Resolution 11th February 1768, dis- couraging frivolous complaints, ib. House may punish in one session offences com- mitted in another, ib. Order of 4th and 14th April 1707, ib. Or in a former Par- liament, 70. Disobedience to chairman's order for attendance of a witness, 233.
committee on charges against, in 1626; 235.
BUDGET, the; its nature described, 330. BURDETT, Sir Francis; his case referred to, 50. 118, 119. Power of the serjeant-at- to break into a dwelling-house affirmed in the case of, in 1810; 52-55. Committed to the Tower by the commons in 1810 for libel on the house, 64. The power of the house to commit for libel questioned in this case, but confirmed, ib. Withdraws, on question concerning him, 210.
BURDETT v. ABBOT; dictum of Lord Ellen- borough in, as to jurisdiction of the com- mons, 118, 119. The authority of the house sustained and vindicated in this case, 124, 125.
CALL OF THE HOUSE; in the lords, 148. CHALLENGES, by Members; how prevented 382. In the commons, 149. CANADA, Lower; the constitution of, sus- pended in 1838, and provisional govern- ment established by the British Parlia- ment, 30.
CANDIDATES, Petitioning; eligible to Par- liament, 341.
CANDLES; motions for bringing in, 177. CANNING, Mr. Secretary, withdraws on question concerning him, 211.
CANTERBURY, Archbishop of, 6; privilege in the case of the servants of, (1597), 89. CARR, William; fined and imprisoned by the lords in 1667, for libel on Lord Gerard of Brandon, 65.
CAUSES OF SUMMONS; declared, 34; Parlia- ment not bound to consider causes of sum- mons alone, but may proceed with other business, 34. Declared by the Queen in person, 142. By commission, 143. Bill read pro forma in both houses, 143, 144. CHAIRMAN OF COMMITTEES OF
WHOLE HOUSE; performs, in committee, the duties of speaker, 225.
CHANDOIS, Lord (1597); case of the scr- vants of, 89.
CHAPLAIN (Mr. Speaker's); reads prayers daily in the house, 139.
CHARGES UPON THE SUBJECT; construc- tion of rules concerning imposition of by bills, 273, 274. Rule in regard to lords' amendments, 321, 322.
See also SUPPLY AND WAYS AND MEANS.
CHARITIES, Trustees of; their consents how to be taken, 441. CHARLTON, Mr. Lechmere; committed by the lord chancellor in 1837, for contempt, 109.
CHATHAM, Earl of; exception taken to words used by, 202. Misunderstanding with Duke of Richmond, 204.
CHEDDER, Richard; case of privilege, 84. CHERBURY, Lord Herbert, of; exception taken to words used by, 203. Ordered to withdraw, 211.
Lords. Not to leave the chair without CHILTERN HUNDREDS, Stewardship of; leave of the committee, 226.
Commons. Reports pr gress, 227. On points of order, ib. Effect of motions for chairman to report progress or to leave the chair, 229.
CHAIRMAN OF LORDS' COMMITTEES; no- minated at the commencement of each session, 224. Takes the chair, except where otherwise directed, ib. His duties in regard to private bills, 386. 435. 439. 453.
CHAIRMAN OF COMMITTEE OF WAYS AND MEANS; Usually takes the chair in com- mittees of the whole house, 224. And carries bills and messages to the lords, 250. 288. His duties in regard to private bills, 386. 408. 414. 430.
vacates seat in Parliament, 340.
CHURCH DOORS; notices of applications for private bills affixed on, 390, 391. See also NOTICES.
CHURCH RATES; motion decided to be irregular, in 1840; 187. CHURCH TEMPORALITIES (IRELAND) BILL, 1833; did not concern religion so as to originate in a committee, 273. Im- posed a tax, and was therefore with- drawn report of precedents, 274, 275. CINQUE PORTS; the representatives of the, styled barons, 22. n.
CITIES AND BOROUGHS; state of the elec- tive franchise, in England, 24. In Scot- laud, 25. In Ireland, ib.
CITIZENS AND BURGESSES; their addition | CLERK OF THE PARLIAMENTS; office exe-
to the legislature, 15. 17. 20. Amount of their wages in the time of Edward 3; 21. Qualification of estate by Act 1 & 2 Vict. c. 48; 26.
CLARE, BOGO DE; case of, 18 Edw. 1; 98.
CLARENDON, Constitutions of; cited in re- ference to the voting of spiritual lords in cases of blood, 381.
CLARENDON, Lord; jurisdiction of the commons in matters of privilege, defined by, 116.
CLAUSES; added, divided, &c. in commit- tee, 281. If added in committee, must be within the title of the bill, 280, 281. Unless authorized by instruction from the house, 281. Added on report; proceedings and rules, 283. Clauses con- taining rates, &c., 283, 284. Added to bills on third reading, 285. Time of pro- posing new clauses, 286.
How considered in committee on a private bill, 425. 440.
CLERGYMEN; are ineligible to seats in the House of Commons, 27. Act of 41 Geo. 3, c. 63, ib. Act of 10 Geo. 4, c. 7, s. 9, excluding the Roman-catholic clergy, ib.
CLERK OF THE CROWN; delivers the re- turn book to the clerk of the House of Commons, 134. His certificate of the election of representative peers of Scot- lund, 135; and of Ireland, ib. Ordered to attend and amend returns, 42. Warrants directed to him to issue new writs, 42. 337. His duties on the royal assent being given to bills, 291. 293.
CLERK OF THE HOUSE OF COMMONS; appointed by letters patent, 157. Clerk assistant and second clerk assistant, ib. General view of his duties, 157, 158. Puts questions on the election of speaker, 136; and for adjournment, in his absence, 154. Administers oaths to members, and receives the account of their qualification, 139. Calls over names on a call of the
house, 149. Clerk assistant or second clerk assistant goes to the bar of the lords on further prorogations, 166. No- tices of motions entered by the latter, 168. Signs orders for attendance of witnesses, 239; and for their expenses, 248. Ordered to take down words spoken, 197. 206. Indorsement of bills by, 291; or by clerk assistant, in his absence, 291. n. Petitions may be read by, 307. Duties in regard to controverted elections, 351. 355. 359.
cuted by deputy; his duties, 156. Authen- ticates copies of Journals, 161. Receives money bills from the speaker at the bar, 165. 334. Signs orders for the attendance of witnesses, 239. Swears them at the bar, 243. Occasionally sent with messages to the commons, 250. 287. Indorses bills, 291. Waits upon the Queen when about to give royal assent to bills in person, ib. Signifies the royal assent, 293. Appoints taxators of costs in private bills, 458; and prepares list of charges, 459.
CLERK OF THE PEACE; plans, duplicates, books of reference, sections, &c., to be deposited with, 392, 393. Memorial to be indorsed by him, of the time at which they were lodged with him, &c., 392. Alterations of plans, &c., after the intro- duction of the bill into Parliament, 437. COCHRANE, Lord; privilege not extended to, 105.
COKE, Sir Edward; his opinions referred
to, as to the separation of the two houses, 18, 19. The authority of Parliament un- limited, according to, 31. The law of Parliament defined by, 48. Maintained the claim of the commons to be a court of record, 71. Referred to, 84. Affirmed either house of Parliament to be the only judge of its privileges, 115, 116. Moved that a bill be torn in the house, 278. COLEPEPPER, Thomas; committed by the commons, in 1701, for libel on Parlia- ment, 64. COLERIDGE, Mr. Justice; duties of the courts in matters of privilege, explained by, 120.
COLONIES; the legislatures and laws of, subordinate to the Imperial Parliament 29, 30. Legal right of Parliament to im- pose taxes upon colonies for the support of the mother country, 30.
COMMISSION for Royal Assent to Bills; makes a house, 151. Origin of giving the royal assent by, 292. Form of com- mission, ib. Of royal assent by commis- sion, 293. 299.
COMMISSIONS, in the Army and Marines; do not vacate seats in Parliament, 340. COMMITMENT; the right of, for contempt, belongs equally to both houses, 49. Re- garded with jealousy when exercised by the commons, ib. Right of commons es- tablished by immemorial usage, &c. 50. Right of the lords to commit questioned, and confirmed in cases of Earl of Shaftes- bury in 1675, and of Flower in 1779, ib.
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