may be moved at before the House. reports on bills.

any time, when no question is Such are original motions, and Such are bills from the other House, which are received at all times, and receive their first reading as soon as the question then before the House is disposed of; and bills brought in on leave, which are read first whenever presented. So messages from the other house, respecting amendments to bills, are taken up as soon as the house is clear of a question, unless they require to be printed, for better consideration. Orders of the day may be called for, even when another question is before the House.]

SEC XV.-ORDER.

[Each house may determine the rules of its proceedings; punish its members for disorderly behaviour; and, with the concurrence of two-thirds, expel a member. Const. 1. 5.

In parliament, "instances make order," per speaker Onslow. 2 Hats. 141. But what is done only by one parliament, cannot be called custom of parliament, by Prynne. 1 Grey, 52.

SEC. XVI.-ORDER RESPECTING PAPERS.

The clerk is to let no journals, records, accounts, or papers, be taken from the table, or out of his custody. 2 Hats. 193, 194.

Mr. Prynne having at a committee of the whole amended a mistake in a bill without order or knowledge of the committee, was reprimanded. I Chand. 77,

A bill being missing, the House resolved that a protestation should be made and subscribed by the members, "before Almighty God, and this

honourable House, that neither myself, nor any other, to my knowledge, have taken away, or do at this present conceal a bill entitled,” &c. 5 Grey, 202.

After a bill is engrossed, it is put into the Speaker's hands, and he is not to let any one have it to look into. Town. col. 209.

SEC XVII.-ORDER IN DEBATE.

When the Speaker is seated in his chair, every `member is to sit in his place. Scob. 6. Grey. 403.

When any member means to speak, he is to stand up in his place, uncovered, and to address himself, not to the House, or any particular member, but to the Speaker, who calls him by his name, that the House may take notice who it is that speaks. Scob. 6. D'Ewes, 487. Col. 1. 2 Hats. 77. 4 Grey, 66. 8 Grey, 108. But members who are indisposed may be indulged to speak sitting. 2 Hats. 75, 77. 1 Grey, 195.

[In Senate, every member, when he speaks, shall address the Chair standing in his place, and when he has finished, shall sit down. Rule 3.]

When a member stands up to speak, no question is to be put, but he is to be heard, unless the House overrule him. 4 Grey, 390. 5 Grey, 6, 143.

If two or more rise to speak nearly together, the Speaker determines who was first up, and calls him by name, whereupon he proceeds, unless he voluntarily sits down and gives way to the other. But sometimes the House does not acquiesce in the Speaker's decision, in which case the question is put, "which member was first up?" 2 Hats, 76. Scob 7. D'Ewes, 434. col. 1, 2.

[In the Senate of the United States, the presi-, dent's decision is without appeal. Their rule is in these words: when two members rise at the same time, the president shall name the person to speak: but in all cases, the member who shall first rise and address the chair, shall speak first. Rule 5.1

No man may speak more than once to the same bill on the same day; or even on another day, if the debate be adjourned. But if it be read more than once in the same day, he may speak once at every reading. Co. 12, 115. Hakew. 148. Scob. 58. 2 Hats. 75. Even a change of opinion does not give a right to be heard a second time. Smyth Comw. L. 2, c. 3. Arcan. Parl. 17.

[The corresponding rule of Senate is in these words: no member shall speak more than twice, in any one debate, on the same day, without leave of the Senate. Rule 4.]

But he may be permitted to speak again to clear a matter of fact. 3 Grey, 357, 416. Or merely to explain himself, 2 Hats. 73, in some material part of his speech, Ib. 75, or to the manner or words of the question, keeping himself to that only, and not travelling into the merits of it; Memorials in Hakew. 29; or to the orders of the House, if they be transgressed, keeping within that line, and not falling into the matter itself. Mem. Hakew, 30, 31.

But if the Speaker rises to speak, the member standing up ought to sit down, that he may be first heard. Town. col. 205. Hale parl. 133. Mem. in Hakew. 30, 31. Nevertheless, though the Speaker may of right speak to matters of or

der, and be first heard, he is restrained from speaking on any other subject, except where the House have occasion for facts within his knowledge; then he may, with their leave, state the matter of fact. 3 Grey, 38.

No one is to speak impertinently or beside the question, superfluously or tediously. Scob. 31, 33. 2 Hats. 166, 168. Hale parl. 133.

No person is to use indecent language against the proceedings of the House, no prior determination of which is to be reflected on by any member, unless he means to conclude with a motion to rescind it. 2 Hats. 169, 170. Rushw. p. 3. v. 1. fol. 42. But while a proposition under consideration is still in fieri, though it has even been reported by a committee, reflections on it are no reflections on the House. 9 Grey, 508.

No person in speaking, is to mention a member then present, by his name; but to describe him by his seat in the House, or who spoke last, ór on the other side of the question, &c. Men. in Hakew. 3 Smyth Comw. L. 2, c. 3, nor to digress from the matter to fall upon the person; Scob. 31. Hale parl. 133. 2 Hats, 166, by speaking, reviling, nipping, or unmannerly words against a particular member. Smyth Comw. L. 2, c. 3. The consequences of a measure may be reprobated in strong terms; but to arraign the motives of those who propose to advocate it, is a personality, and against order. Qui digreditur a materia ad personam, Mr. Speaker ought to suppress. Ord. Com. 1604, Apr. 19.

[When a member shall be called to order by the president, or a senator, he shall sit down; and

every question of order shall be decided by the president, without debate, subject to an appeal to the senate; and the president may call for the sense of the senate on any question of order. Rule. 6.]

[No member shall speak to another or otherwise interrupt the business of the senate, or read any printed paper while the journals or public papers are reading, or when any member is speaking in any debate. Rule 2.]

No one is to disturb another in his speech, by hissing, coughing, spitting, 6 Grey, 332. Scob. 8. D'Ewes, 332. col. 1. 640. col. 2, speaking or whispering to another, Scob. 6. D'Ewes 487. col. 1, nor to stand up or interrupt him; Town. col. 205. Men. in Hakew. 31, nor to pass between the speaker and the speaking member, nor to go across the house, Scob. 6. or to walk up and down it, or to take books or papers from the table, or write there. 2 Hats. 171.

Nevertheless, if a member finds that it is not the inclination of the house to hear him, and that by conversation or any other noise they endeavor to drown his voice, it is his most prudent way to submit to the pleasure of the house, and sit down; for it scarcely ever happens that they are guilty of this piece of ill manners without sufficient reason, or inattentive to a member who says any thing worth their hearing. 2 Hats. 77, 78.

If repeated calls do not produce order, the speaker may call by his name any member obstinately persisting in irregularity, whereupon the house may require the member to withdraw. He is then to be heard in exculpation, and to with