1796 Hatsell 2 Members/Speaker
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1796_HATSELL_2 MEMBERS/SPEAKER [John Hatsell] Precedents of Proceedings in the House of Commons; Under Separate Titles. With Observations. Vol. II. Relating to Members, Speaker, &c. The Third Edition. (London: Printed for T. Payne, at the Mews-Gate; and T. Cadell, Jun. and W. Davies (Successors to Mr. Cadell) in the Strand M.DCC.XCVI). \\Ed. Note: Research Note No. 1 titled ‘Editorial Practices’ covers the basic details of transcription and presentation of this volume of Hatsell’s Precedents of Proceedings in the House of Commons. What follows is the machine-readable edition (my MS Word, your PDF) that includes all text of the original as follows including title page/s, preface/s, table of contents and footnotes but excluding running chapter heads and index. The raw/gross word count is 154,048. The entry above is a bibliographic entry I composed that has been checked against the English Short Title Catalogue entry. Original pagination indicated by numbers within squiggly brackets { }. A very few backwards slashes \\ \\ embrace an editorial note that I crafted, including this note. \\ PRECEDENTS OF PROCEEDINGS IN THE HOUSE OF COMMONS; UNDER SEPARATE TITLES. WITH OBSERVATIONS. --------------------------- Vol. II. Relating to Members, Speaker, &c. ================== The Third Edition. ========== L O N D O N: Printed for T. Payne, at the Mews-Gate; and T. Cadell, Jun. and W. Davies (Successors to Mr. Cadell) in the Strand. ================== M.DCC.XCVI. TO THE RIGHT HONOURABLE CHARLES WOLFRAN CORNWALL, SPEAKER OF THE HOUSE OF COMMONS, THE FOLLOWING COLLECTION OF PRECEDENTS, IS, WITH GREAT RESPECT, INSCRIBED, BY HIS MOST OBLIGED AND A HUMBLE SERVANT, JOHN HATSELL. {v} PREFACE TO THE FIRST EDITION. The following Collection of Precedents is formed upon the same plan with a work printed in the Year 1776, intituled, “Cases of Privilege of Parliament, &c. &c.”─In the Preface to that Book, the Compiler explained his reasons for adopting that plan, and expressed a wish, that some person, of greater leisure than himself, would select certain titles relating to Parliamentary Proceedings, and, pursuing the idea which he there suggested, would collect from the Journals, and from other Records, such matter as was referable to any of those titles, and would, from time to time, communicate those observations to the Public. Nothing of this kind having appeared from any other quarter, the following Collection of Cases is submitted to the public inspection. The titles which compose it, happened to stand first in a Collection of Precedents, which the Compiler made several years ago for his own use; and, from that accidental circumstance, are now those which he has first completed, with the addition of Notes and Observations, in the form in which they now appear. There are several other Heads, which are certainly of greater importance than those which form the following Collection, viz. Lords, Impeachment, Conference, Supply, Proceedings on passing Bills, and some others. These, if he has health and leisure to proceed upon, and to complete, will he the subjects of another volume. It is unnecessary again to put the Reader in mind, that this Work, as well as the former of “Cases of Privilege of Parliament,” are to be considered in no other light than as Indexes to refer him to the Journals at large, and to other Historical records, from whence alone can be derived a perfect knowledge of the Law and Proceedings of Parliament: It is also needless to repeat, that it never was the intention of the Publisher of this work to insert every precedent {vi} that is to be found in the Journals under these titles; a repetition of similar cases would only swell the volume, without affording information, or suggesting any matter, from which useful observations might be drawn. Besides, since the publication of the former volume, General Indexes of the Journals, from the Restoration to the present time, have been printed, under the authority of the House of Commons, which, to those who are desirous of studying the Journals with accuracy, will prove of great use and assistance. It will be impossible to peruse a page of the following Work, without observing the great advantage that it derives from the notes and observations of Mr. Onslow, the late Speaker of the House of Commons, which have been very obligingly communicated upon this occasion by his Son, the present Lord Onslow. It would be impertinent in the Editor of this Collection to suppose, that any thing, which he can say, will add to the reputation of a character so truly eminent as that of Mr. Onslow; but, as it was under the patronage, and from the instructions of that excellent man, that he learnt the first rudiments of his Parliamentary knowledge; and, when Mr. Onslow retired from a public station, as it was permitted to the Compiler of this work, to visit him in that retirement, and to hear those observations on the law and constitution of this Government, which, particularly in the company of young persons, Mr. Onslow was fond of communicating, he may perhaps be allowed to indulge himself for a moment, in recollecting those virtues which distinguished that respectable character, and in endeavouring to point them out as patterns of imitation to all who may wish to tread in his steps. Superadded to his great and accurate knowledge of the history of this country, and of the minuter forms and proceedings of Parliament, the distinguishing feature of Mr. Onslow’s public character was, a regard and veneration for the British constitution, as it was declared and established at the Revolution. This was the favourite topic of his discourse; and it appeared, from the uniform tenor of his conduct through life, that to maintain this pure and inviolate, was the object {vii} at which he always aimed.—In private life, though he held the office of Speaker of the House of Commons for above three and thirty years, and during part of that time enjoyed the lucrative employment of Treasurer of the Navy, it is an anecdote perfectly well-known, that, on his quitting the Chair in 1761, his income from his private fortune, which had always been inconsiderable, was rather less than it had been in 1727, when he was first elected into it. These two circumstances in Mr. Onslow’s character, are of themselves sufficient to render the memory of that character revered and respected by all the world; but the recollection of them is peculiarly pleasant to the Editor of this work, who, amongst the many fortunate events that have attended him through life, thinks this one of the most considerable, that, in a very early period of it, he was introduced and placed under the immediate patronage of so respectable a man; from whose instructions, and by whose example, he was confirmed in a sincere love and reverence for those principles of the constitution, which form the basis of this Free Government; the strict observation of, and adherence to which principles, as well on the part of the Crown as of the People, can alone maintain this country in the enjoyment of those invaluable blessings, which have deservedly drawn this eulogium from the best-informed writers of every nation in Europe, “That as this is the only constitution which, from the earliest history of mankind, has had for its direct object ‘Political Freedom;’ so there is none other in which the laws are so well calculated to secure and defend the life, the property, and the personal liberty of every individual.” COTTON-GARDEN, Sept. 22, 1781. CONTENTS. ---------------- MEMBERS 1 RULES OF PROCEEDINGS 81 SPEAKER 212 CLERK 251 FEES 276 KING 289 APPENDIX 393 1. Substance of Conversation between Lord Egmont and Mr. Onslow, relating to the Peerage 2. Reasons of the Lords, at a Conference, touching Members of Parliament holding Offices 3. A List of the Names of the Persons returned to serve for England, Scotland, and Ireland, in the Parliament called by Cromwell in 1656; together with List of the places which returned Members at the time of the Accession of Henry the Eighth; and also a List of the Counties and Boroughs, to which the Privilege of sending Members has been restored or granted since that Period 4. Ordinance of the Rump Parliament, for dissolving the Parliament of 1640 5. Entries in the Lords Journal, touching the legal Existence of the Parliament, after the long Prorogation in 1676 6. Representation of the House of Commons, in 1693, on the King’s refusing the Royal Assent to a Bill 7. Remonstrance to the King, in 1641, on his taking Notice of Business depending in the House of Commons 8. Clause in a Private Act of Parliament, ratifying and confirming the Letters Patent by which the Barony of Lucas was granted to the Countess of Kent, and the Heirs of her Body, with a particular Limitation {1} PRECEDENTS OF PROCEEDINGS IN THE HOUSE OF COMMONS. I Aliens, and Persons naturalized. II. Minors. III. Clergy. IV. Heirs apparent of Peers. V. Ambassadors or Foreign Ministers. VI. Attorney General and Attendants on the House of Lords. VII. Sheriffs, Returning Officers. VIII. Sick. IX. Outlaws and in Execution. X. Accepting Offices. XI. Whether eligible. XII. Whether they can relinquish. MEMBERS. I. Aliens, and Persons naturalized. 1. On the 6th of December, 1606, motion made, That it might be entered for a general order, that no person naturalized should be capable of a seat in Parliament. {2} 2. On the 23d of May, 1614, a Committee is appointed to consider of a motion of Sir Robert Phelips, “That persons naturalized may not be Members of the House of Commons.” 3. On the 7th of February, 1620, a doubt is conceived, whether //2-1// Lord Falkland, a Peer of Scotland, was eligible; but no decision upon it.