INTRODUCTION.

CHAPTER THE FOURTH.

Of the Officers of the House.

Of the Sessional Chairman of Committees, and his Counsel, 62.—Of the Clerk of the Parliaments, and his Deputies, &c., 63.-Of the Clerk of the Crown, 65.-Of the Masters in Chancery, 66.-Of the Gentleman Usher of the Black Rod, and his Deputy, 68.-Of the Serjeant-at-Arms, and his Deputy, &c., 69.

On the 23rd of July, 1800, the following resolutions were moved and agreed to:

1. That the House would, at the commencement of every session, proceed to nominate a Chairman of Committees.

2. That such Lord, as should be so nominated, should take the Chair in all Committees of the whole House, unless where it should be otherwise directed by the House. And

3. That such Lord, so nominated, should also take the Chair in all Committees upon private Bills, unless where it should be otherwise directed by the House.

It was shortly afterwards found necessary to appoint a member of the Bar to act as Assistant and Adviser of the Chairman of Committees.

The Chairman of Committees usually presides in the Appeal Committee; but his services are chiefly exhi bited in the superintendence of the Private and Local Bill Department of the business of the House; wherein his especial province is to secure compliance with the

Standing Orders, by all parties appearing before Parliament as Promoters of Estate Bills, Canal and Harbour Bills, and Bills for the Establishment and Regulation of Railways, Joint-Stock Companies, &c.; a range of duty much extended of late years.

The Clerk of the Parliaments is a very ancient and important officer, whose appointment is in the gift of the Crown, and conferred by Letters Patent (a).

The "Memoranda" of the Parliament, held at Lincoln, in 9 Edward II., 1315, were taken by William de Ayremynne; "Cleric. de cancellar. regis, per eundem regem ad hoc nominatum et specialiter deputatum.”

In 14 Edward IV., the Lords directed Sir William de Drayton, Clerk of the Parliament, to repair to the Justices of the Common Pleas, to desire they would proceed" to give judgment in the case of Geoffrey de Staunton."

The Clerk of the Parliaments was usually an ecclesiastic. Thus we find it stated in the Journals of 3 Hen. VIII., 1511, that "the Earl of Wilts had granted to John Tayler, Clerk of Parliament, a presentation to the living of Skirby, in Lincolnshire." Of this John Tayler there is a curious notice in the Journal of 7 Hen. VIII., 1515, stating that he was a "Doctor of Laws (Juris Pontifici Doctor), Clerk of the Parliaments, et eodem tempore prolocutor convocationis cleri,-quod raro accidit."

On the 12th of March, 1620, the Lord Chancellor Bacon acquainted the House, "that Mr. Bowyer, the Clerk of the Parliament, was so dangerous sick, that he might

() The very title, "Clerk of the Parliaments," proves the antiquity of the office; showing that it must have been created at a period when the entire Parliament formed but one assembly.

He was called Clerk of the Parliaments (in the plural number) because he held the office, not for one Parliament, but for life.

not come to the House without peril of his life; and, therefore, was an humble suitor that he might make Henry Elsynge his deputy, who had also a patent from his Majesty of the Clerk's place in reversion; and his Lordship moved the pleasure of the House "Whether the said Henry Elsynge should be admitted as deputy-clerk;" and the Lords agreed generally.

On the 21st of March, 1620, there is a memorandum stating that Mr. Elsynge "did take the oath set down in the Parliament Roll, amongst the oaths of the great officers; the tenor of which oath followeth," &c.

On the 5th of February, 1640, it was ordered, “That the commission for swearing of witnesses to be examined before the Lords' Committees, shall be made and directed to the Clerk of the Parliament only; and not to the Masters of the Chancery."

On the 22nd of February, 1661, it was ordered, "That the Clerk of the Parliaments is hereby authorised to issue out warrants to witnesses from time to time, as their names shall be returned in to him, to give their testimony in such causes as shall be appointed to be heard at this Bar; and this to be his warrant in that behalf."

Within the last century and a half, the office of Clerk of the Parliaments has become very much, if not entirely, a sinecure; the duties being now almost wholly performed by deputy.

The Deputy Clerks officiating at the Table of the House, are the first Clerk Assistant, the second Clerk Assistant, and the Reading Clerk, who occasionally acts as Clerk of private Committees. By these together are performed all the duties which strictly belong to the office of the Clerk of the Parliaments; duties which have increased, with the increasing business of Parliament, in number and variety.

Those duties are, to attend the House when sitting; to take minutes and make proper entries of all its proceedings; to draw up Orders and Judgments; and, as their Commission expresses it-" to set their names, as such Clerks of the Parliaments, to such copies of Acts of Parliament, orders on Petitions, and to all other matters relating to the said office, as may be necessary or usual to be delivered out in the business of the House."

It is the province of the Clerk of the Parliaments to give the answer of the Sovereign to such Bills as, having passed both Houses, require the Royal assent. This duty is usually performed by the first Clerk Assistant.

The Clerks of the Parliaments are invariably selected from the legal profession. The noble person who lately filled the office of first Clerk Assistant (the present Earl of Devon) had previously been a Master in Chancery.

The Clerks of the Parliaments are, in fact, the Registrars of the House of Lords. They are invested with direction and control over sundry subordinate officers; such as the Clerk of the Journals; the Chief Clerk of the Parliament Office; the Clerk of Inrolments; the Clerk of Ingrossments; with their respective assistants in their several departments (").

The duties of the Clerk of the Crown do not now, as heretofore, require his constant attendance in the House of Lords. He assists when the Royal assent is given to Bills; but has no concern with the business of the Appellate Jurisdiction. In an ancient manuscript, preserved in the office of the Clerk of the Crown in Chan

(b) "Ordered, that the Clerk Assistant, and other Clerks officiating at the table of this House (except the Clerk of the Parliaments), shall not be at any time suspended or removed from their

offices or employments without the order of this House." Standing Order, No. 115, 10th February, 1723; emendat 8th February, 1825. See Statute 5 Geo. IV. c. 82, s. 2 and 3.

F

cery, the following particulars are given respecting this ancient officer:-"The Clerk of the Crown in Chancery, sitteth in the Upper House of Parliament by the Clerk of that Court upon the Woolsack, attending there all the Parliament, and is sometimes sent on messages to the Lower House; and on the last day of the Parliament he readeth the Acts, and the Clerk of the Parliament giveth the King's answer; where it is to be noted that all the time of Parliament he sitteth on the right hand of the Clerk of Parliament, and when he readeth the Acts, he standeth on his left hand, which is the higher place, being on the King's right hand."

The Masters in Ordinary in Chancery appear now to be the only functionaries who officiate in the capacity of Attendants to the House of Lords. They have little or no concern with the judicial business of the House upon Writs of Error or Appeals; and are chiefly employed in carrying bills and messages to the other House of Parliament; for which purpose two of them attend daily, by rotation, when the House sits (). They are not summoned by writ, as the Assistants are; but they have seats on the Woolsack. They seem to attend either as accompaniments of the Great Seal, or in pursuance of some direction, real or supposed, of the Lord Chancellor, or Lord Keeper. This suggestion, which is all I am able to offer (and which is purely conjectural), receives countenance from the following entry in the Lords' Journals, of the 26th November, 1647: "Ordered that the Commissioners of the Great Seal do take care that this House

(c) Standing Order, No. 36. "It is to be noted that we never send to the Lower House by any members of our own; but either by some of the learned Counsel, Masters of the Chancery, or

such like, which attend us; and in weighty cases some of the Judges; but the Lower House never send unto us any but of their own body."