only one nomination is made, the member proposed is called by the House to the chair without the question being put. The Speaker elect, standing up in his place, expresses his sense of the honour proposed to be conferred upon him, and submits himself to the House. Having been again unanimously called to the chair, he is conducted thither by his proposer and seconder. He then expresses his deep acknowledgments for the honour conferred upon him, and takes his seat. The Sergeant-at-Arms next places the mace on the table, and the Speaker elect having received the congratulations of the House, an adjournment is taken until the appointment has been sanctioned by the Queen. On the next day, the Speaker elect and the Commons are again summoned to the House of Lords, when the Speaker elect announces his choice and submits himself with all humility for her Majesty's gracious approbation. The Lord Chancellor thereupon assures him of her Majesty's sense of his efficiency, and adds that "she does most readily approve and confirm you as the Speaker." The Speaker then makes the famous declaration on behalf of the Commons, laying claim to all their undoubted rights and privileges, "especially to freedom of speech in debate to freedom from arrest of their persons and servants, and, above all, freedom of access to her Majesty whenever occasion shall require it." In conclusion, he prays that if any error be committed, it may be imputed to him alone, and not to her Majesty's faithful Commons. The Lord Chancellor, on behalf of the Queen, confirms all the rights and privileges of the Commons, and with this the ceremony ends. On his return to the House of Commons, the Speaker informs the members of what has transpired in the Lords, repeats his acknowledgments of the honour conferred upon him, and swearing-in is proceeded with. The Speaker first takes the oath, and then it is administered in the first instance to such members, not exceeding five in number, as are of the Queen's Privy Council, and to members who have held office under the Crown, and afterwards to such members as may present themselves for that purpose at the table. Quakers, Moravians, Separatists, and others are permitted to make an affirmation in lieu of, but to the same effect as, the oath; and those who have no religious belief, or who object to an oath as being contrary to their religious belief, are permitted to make an affirmation under the act 51 and 52 Vict. The form of oath taken by members is as follows: "I, -, do swear that I will be faithful and bear true allegiance to her Majesty Queen Victoria, her heirs and successors, according to law. So help me, God." Two or more days are generally allowed for the process of swearing-in, and then the Queen's Speech is read in person or by the Lord Chancellor in the Upper House, before the assembled members of both Houses. The Commons then return to their House, and in the evening the debate on the Address is opened.

The House of Lords is composed of two of the estates of the realm, the lords spiritual and temporal, but both sit and vote together. The lords spiritual embrace the Archbishops of Canterbury and York and twenty-four bishops of the Church of England. The Archbishops and the Bishops of London, Durham, and Winchester are always entitled to sit; but other

bishops only receive a writ of summons when the voidance of a see decreases the total number of lords spiritual to less than twenty-six, and then in order of seniority of appointment. The Bishop of Sodor and Man has no seat in Parliament at any time, and any other bishop ceases to be a lord of Parliament on resigning his see. The lords temporal consist of peers whose right to sit and vote in the House is hereditary, representative peers of Scotland and Ireland, and lords of appeal in ordinary, of whom not more than four may be appointed. The peers are divided into five classes: dukes, marquises, earls, viscounts, and barons, these titles taking precedence in the order given; but a peer may hold a superior Scotch or Irish title to that under which he sits as a peer of the United Kingdom. Each peer must attend to record his vote, proxies having been abandoned. A newly created peer or one elevated to a higher title is introduced by two other peers of his own degree, and he takes the oath, and subscribes the roll with considerable formalities. The lords spiritual sit permanently on the upper benches to the right of the throne; on the same side, but nearer the centre of the House, sit the Ministry, with their supporters behind and below them; while the left front bench is occupied by the leaders of the Opposition, with their adherents behind them. In both Houses the two parties cross the House on a change of Ministry. The Upper House has both legislative and judicial powers. It is the highest appellate court of the United Kingdom, and, as thus constituted (by the legal lords), may sit during a Parliamentary recess. With regard to precedence in the House of Lords, the Prince of Wales stands first on the roll; then come the royal dukes, who are followed, in the order given, by the Archbishop of Canterbury, the Lord Chancellor, the Archbishop of York, the Lord President of the Council, and the Lord Privy Seal. Then follow the dukes-headed by the Duke of Norfolk as Earl Marshal and premier duke-the marquises, earls, viscounts, bishops, and barons. The Lord Chancellor, or Keeper of the Great Seal, acts as Speaker for formal purposes, but he does not keep order, as the lords do that for themselves. It is not necessary that the Chancellor should ever be a lord of Parliament, and he sits on the woolsack, which is supposed to be outside the House. A peer when speaking addresses the whole House, and not the president. Deputy Speakers are appointed when necessary, and there is a salaried Chairman of Committees, who has large powers over private bills, etc. The judges and law officers rank as assistants of the House; they are summoned to attend in Parliament, and they are present on occasions of state; the judges also attend and sit together on the woolsack when the Lords desire to consult them on a point of law. In olden times, when the Houses differed, formal conferences were held in the Painted Chamber, the Lords sitting with their hats on, the Commons standing and uncovered; but the modern practice of party government renders these conferences unnecessary. While the House of Lords declares its own privileges, it is bound by law, and cannot create a new privilege by mere declaration. It can censure, fine, or imprison persons guilty of breach of privilege; and it can protect the House and its com38

VOL. II.

mittees, as well as all persons concerned in the business before the various committees. The House of Lords, besides being a court of final appeal, exercises original jurisdiction in peerage cases, in trials of peers for treason or felony, and in impeachments by the Commons. It also has exclusive power to originate bills for a restitution in blood and a restitution in honours. It is also understood that bills of pains and penalties, or other measures founded on oral testimony, originate with the Lords; and until 1871 the House of Commons had not the power which their lordships had of examining witnesses on oath. Any member of the House of Lords may introduce a bill affecting the public interest, and the House claims the right to initiate bills which directly affect its own rights and privileges, but, according to constitutional custom, it cannot initiate money bills; it may accept or reject a money bill sent up by the Commons, but it cannot amend it in detail. Bills are frequently read a first time without discussion; if they pass the second reading this means that their general principle has been accepted. They are then discussed in detail in committee, after which they are read a third time and passed. The royal assent to bills is always given in the Lords, the Commons being summoned thither. The ceremony is generally performed by commission, and the French forms are still employed. If a public bill be approved, the Clerk says, "Le roy” (or “La reyne”) "le veult." If the measure be a private one, he says, "Soit fait comme il est désiré." Should the bill have subsidies for its object, the Clerk says, “Le roy" (or "La reyne ") "remercie ses loyaux sujets, accept: leur bénévolence, et aussi le veult." If the Sovereign refuses approval to a measure, the Clerk says, “ Le roy" (or "La reyne ") "s'avisera." This power of rejection, however, has not been exercised since 1707, when Queen Anne refused her assent to a Scotch militia bill. Bills awaiting the royal assent are usually deposited in the House of Lords for that purpose, but all money bills are brought up to the bar of the Lords by the Speaker of the Commons to receive the royal assent. Members of the House of Lords are free from arrest on civil process in coming, going, or returning. They are free to speak without being liable to action or indictment. They can claim access to the Crown to explain their proceedings. It is a breach of privilege to reflect on the honour of the House or on the Parliamentary conduct of its members. Technically it is a breach of privilege to report its proceedings, but now sessional arrangements are made for the admission of reporters. Formerly printers of Parliamentary papers for both Houses could be sued or prosecuted for libel, but, under the act of 1840, all such proceedings can now be stayed on the production of a certificate that such papers are printed by order.

The House of Commons is now by far the more important branch of the Legislature. All its members are equal within the House, but the bench immediately to the right of the chair is reserved for Ministers having seats in the House, and their supporters sit behind them. To the left of the chair are the Opposition benches, the front bench above the gangway being reserved for ex-Ministers and Privy Councillors. Independent members sit below the gangway, and since 1880 the Irish members generally have sat

below the gangway on the Opposition side of the House. Members enjoy privilege of Parliament: they are free from arrest on civil process while attending the House, and in coming or returning; but no person is privileged against arrest for crime or contempt of court. Formerly privilege could be pleaded by members, and even for their servants, in actions for debt; but now an action or a bankruptcy petition is not impeded by privilege. No member who becomes bankrupt can sit or vote in either House of Parliament. The Commons enjoy freedom of speech, and as a House may claim free access to the Sovereign. They can prosecute offenders against their privileges, and may commit a person to prison during pleasure; but persons so imprisoned cannot be detained after the close of the session. The House declares its own privileges, but cannot create new ones by a mere declaration. Since 1840 it has been able to protect its own printers against actions for libel. A member has no privilege except when he is performing his Parliamentary duty. While the Commons assume no general judicial authority, they claim to deal judicially with cases of privilege, and with questions relating to the election and conduct of members. The House may exclude, suspend, or expel a member, but it cannot disqualify him for re-election.

The Commons have an exclusive right to vote supplies of money and to prescribe the ways and means by which it shall be raised. Estimates of public expenditure are produced by Ministers and discussed in Committee of Supply, which is a committee of the whole House. The Speaker leaves the chair, the mace is taken from the table, and the Chairman of Committees presides over the debate, in which members may speak more than once to the same question. After certain necessary votes have been taken in Supply, the House resolves itself into a Committee of Ways and Means, which deals with the proposals relative to old or new taxes and duties, and votes sums of money from the Consolidated Fund to make good the supplies. Resolutions adopted in committee are embodied in bills, which are sent up for the assent of the Lords. At the close of every financial year the Chancellor of the Exchequer, in committee of the whole House, brings forward his budget of expenditure and revenue for the ensuing year.

As regards legislative business, a member must ask leave to introduce a bill. When a bill has been read a second time, it is considered in detail by a committee of the whole House or by a select committee. The committee reports to the House, the Speaker resuming the chair for the purpose. The House of Commons, as the "grand inquest" of the nation, takes cognisance of all matters of public concern, as well as of the conduct of Ministers. No Government can hold office without the confidence of the Commons, but it may if its supporters are in a minority in the House of Lords.

The Speaker is the first commoner of the realm, and takes precedence as such. The Chairman of Committees is empowered to act as deputy Speaker. The Clerk of the Parliaments is the chief officer of the House of Lords. The Assistant Clerk of Parliaments is the clerk of the House of Commons. He reads the order of the day, turns a sand-glass when a division is called, reads

petitions if required, and takes charge of accounts and papers. He has two assistant clerks, whose chief duty is to keep the journals, which are accepted by all other authorities as evidence of what is done by the House. The Sergeant-at-Arms is the executive officer of the Commons.

The public acts of Parliament passed in a session form one statute, which for convenience is divided into chapters. Copies of the statutes are preserved among the Rolls of Parliament, and printed copies are sent to judges and magistrates; but no form of publication is required to give validity to a statute; and all subjects are bound to take note of and obey the law. As a rule, acts come into force immediately after they have received the royal assent. All Parliamentary papers, votes, etc., printed during the session may be obtained from the Parliamentary publishers. Prorogation puts an end to all sessional orders and to all pending business, except impeachments, writs of error, and appeals to the House of Lords. No bills may be introduced twice in the same session; and it has sometimes been found necessary to prorogue Parliament in order that a rejected bill may be brought in again without delay. Members of either House of Parliament may obtain information from the executive departments by asking for returns and papers. With regard to subordinate departments or departments created or regulated by statute, either House may order returns; but touching the higher departments and matters affecting the royal prerogativė, it is usual to move a humble address, praying that the documents required may be ordered. Neither House orders returns regarding the proceedings of the other; papers desired can generally be obtained without difficulty. Unless under the provisions of an act of Parliament, no return can be ordered from private persons and associations. Cabinet memoranda, opinions of the law officers of the Crown, and other confidential documents are never laid on the table of either House, except the Government has special reasons for doing so.

Divisions are taken by the voices of the members present. In the Lords the cry is "Content" or "Not content," in the Commons "Aye" or "No." If the Speaker's decision be challenged, members pass out into the lobbies, and are counted by members appointed for that purpose, who are called "tellers." When the numbers are equal, in the Lords the question is decided in the negative; but in the Commons the Speaker gives a casting vote. Many matters are for the sake of convenience referred to a committee of the whole House or to a select committee. Witnesses can be examined before committees of both Houses on oath. In the case of a private bill referred to a committee, its promoters and opponents attend with their counsel and agents; and the expense of the inquiry, which partakes of a judicial character, is very heavy. Formerly there were four grand committees of the House of Commons for religion, for grievances, for courts of justice, and for trade. These were discontinued in 1832; and in 1882 two standing committees were appointed for the consideration of bills relating to law and courts of justice, and to trade. They have not, however, relieved the House so much as was expected.

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Parliamentary procedure now demands attention. It is out of order for