Serjeant-at arins. when a cause is tried in London; but when it is tried at the assizes, or at a distance, a party may either obtain from the Journal Office a copy of the extract required, without the signature of any officer, and swear himself that it is a true copy; or, with the permission of the speaker or the house, he may secure the attendance of an officer with the printed Journal; or with extracts which he certifies to be true copies; or, if necessary, with the original manuscript Journal Book.1 This notice with regard to the Journals has necessarily interrupted the account of the chief officers of the House of Commons, to which it is now time to return. The serjeant-at-arms is the last officer immediately connected with the proceedings of the house, to whom reference need be made. He is appointed by the Crown, under a warrant from the lord chamberlain, and by patent under the great seal," to attend upon her Majesty's person when there is no Parliament; and, at the time of every Parliament, to attend upon the speaker of the House of Commons."2 But after his appointment he is the servant of the house, and may be removed for misconduct. On the 2d June, 1675, the house committed Sir James Norfolke to the Tower, for "betraying his trust," and addressed the Crown to appoint another serjeant-at-arms "in his stead." His duties are, to attend the speaker with the mace on entering and leaving the house, or going to the House of Lords, or attending her Majesty with addresses; to keep clear the gangway at the bar and below it; to take strangers into custody who are irregularly admitted into the house; to give orders to the doorkeepers and other officers under him, for the locking of all doors upon a division; to introduce peers or judges attending within the bar, and messengers from the lords; to attend the sheriffs of London at the bar, on presenting petitions; to bring to the bar, 2 Officers and usages of the house, MS. 1805. 39 Com. J. 351. 1 13th March 1844. with the mace, prisoners to be reprimanded by the house, or persons in custody to be examined as witnesses. For the better execution of these duties he has a chair close to the bar of the house, and is assisted by a deputy serjeant. Out of the house he is entrusted with the execution of all warrants for the commitment of persons ordered into custody by the house; and for removing them to the Tower or Newgate, or retaining them in his own custody. He maintains order in the lobby and passages of the house, and gives notice to all committees when the house is going to prayers. He has the appointment and supervision of various officers in his department; and, as housekeeper of the house, has charge of all its committee rooms and other buildings, during the sitting of Parliament. strangers. By the ancient custom of Parliament, and by orders of Admission of both houses, strangers are not to be admitted while the houses are sitting. It is ordered by the lords, "That for the future no person shall be in any part of the house during the sitting of the house, except lords of Parliament and peers of the United Kingdom, not being members of the House of Commons, and heirs apparent of such peers or of peeresses of the United Kingdom in their own right, and such other persons as attend this house as assistants."" This order, however, can only be taken to apply to such parts of the house as are used for the lords, in their sittings; as strangers are regularly admitted below the bar, and in the galleries. Lords. By a sessional order of the commons, the serjeant-at- Commons. arms is directed, "From time to time to take into his custody any stranger or strangers that he shall see, or be informed of to be, in the house or gallery, while the house, or any committee of the whole house, is sitting; and that no person, so taken into custody, be discharged out of custody without the special order of the house;" and it is also ordered, "That no member of this house do presume to bring any stranger or strangers into the house or gallery thereof, while the house is sitting." 1 Lords' S. O. No. 130. Parliament prorogued before its first meeting. After its first meeting, But these orders have latterly been interpreted to apply to such parts of the house only as are appropriated for the exclusive use of members; and galleries and certain places below the bar are set apart for strangers. The exclusion of strangers, however, can at any time be enforced without an order of the house; for, on a member taking notice of their presence, the speaker is obliged to order them to withdraw without putting a question; and, upon divisions of the house, the speaker orders them to withdraw immediately, and the messengers under the orders of the serjeant see that they are excluded. They are present upon sufferance, and upon no other ground has their presence ever been recognized. The only other matters connected with the meeting and sitting of the two houses, which will not be more particularly described elsewhere, are the forms observed on the prorogation of Parliament. Some of these, also, will be adverted to again; but a general description of the ceremony of prorogation will bring this chapter to a close. If, after a dissolution, Parliament be prorogued to any further day than was appointed for its meeting by the writ of summons, it is done by writ directed to both the houses. On the day first appointed for the meeting of Parliament, the commons proceed directly to the door of the House of Lords, without going into their own house, or expecting any message from the lords. They are admitted by the usher of the black rod to the bar, and stand there uncovered, while the lords remain sitting and covered. The lord chancellor then declares that a writ has been issued under the great seal for proroguing the Parliament; "which he doth standing up uncovered, in respect he speaks to the lords as well as to the commons:" and, after the writ is read, the Parliament stands prorogued by virtue of the writ, without further formality.' But the form is different in the prorogation of Parlia 1 Lords' S. O. No. 7. 59 Lords' J. 3. 82 Com. J. 4. 66 ment after its first meeting. If her Majesty attend in person to prorogue Parliament at the end of the session, the same ceremonies are observed as at the opening of Parliament: the attendance of the commons in the House of Peers is commanded; and, on their arrival at the bar, the speaker addresses her Majesty, on presenting the supply bills,' and adverts to the most important measures that have occupied the attention of Parliament during the session. The royal assent is then given to the bills which are awaiting that sanction,2 and her Majesty reads her speech to both Houses of Parliament; after which, the lord chancellor, having received directions from her Majesty for that purpose, addresses both houses in this manner,— My lords and gentlemen, it is her Majesty's royal will and pleasure that this Parliament be prorogued to" a certain day, "to be then here holden; and this Parliament is accordingly prorogued," &c. When her Majesty is not present at the end of the session, Parliament is prorogued by a commission under the great seal, directed to certain peers, who, by virtue of their commission, prorogue the Parliament. The attendance of the commons is desired in the House of Peers; and, on their coming, with their speaker, the lord chancellor states to both houses, that her Majesty, not thinking fit to be personally present, has caused a commission to be issued under the great seal, for giving the royal assent to bills. The commission is then read, and the speaker, without any speech, delivers the money bills to the clerk assistant of the House of Lords, who comes to the bar to receive them. The royal assent is signified to the bills in the usual manner; after which the lord chancellor, in pursuance of her Majesty's commands, reads the royal speech to both houses. The commission for proroguing the Parliament is next read by the clerk, and the lord chancellor, by virtue of that commission, prorogues the Parliament accordingly. On further * See chapter XVIII. See chapter XXI., Supply. prorogations the Queen never attends personally; and, the speaker being in the country, the commons are represented at the bar of the House of Lords by their clerk assistant, or second clerk assistant; the commission is read, and the lord chancellor prorogues the Parliament in the usual manner. Questions a part of every proceeding. Notice of motion. CHAPTER VIII. MOTIONS AND QUESTIONS. NOTICES OF MOTIONS. QUES- EVERY matter is determined in both houses, upon questions put by the speaker, and resolved in the affirmative or negative, as the case may be. As a question must thus form part of every proceeding, it is of the first importance that good rules should prevail for stating the question clearly, and for enabling the house to decide upon it. However simple such rules may be, the complexity of many questions, and the variety of opinions entertained by members, must often make it difficult to apply them. Very few general rules have been entered on the Journals of either house; but the practice of Parliament has established certain forms of procedure, which numerous precedents rarely fail to make intelligible. Any member may propose a question, which is called "moving the house," or, more commonly, "making a motion." But in order to give the house due notice of his intention, he is required to state the form of his motion on a previous day, and to have it entered in the House of Lords. Order Book or Notice Paper. In the House of Lords, |