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AMENDMENTS TO QUESTIONS;

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.

See also JUDGES.

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.

INDEX.

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.

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467

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.

In-

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-

HH 2

BILLS, PUBLIC-continued.

ment of bills, 298. Informalities in the
royal assent, ib. Duke of Norfolk's at-
tainder declared void, 299, 300.

BISHOPS;

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,

111.

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.

arms

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.

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and punished, 205.

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

THE

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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