The following account of the manner of speaking and voting by the Lords and Commons, is given in A Key to both Houses of Parliament:
"In the House of Lords, the Peers give their votes or suffrages, by beginning with the lowest baron; and so on with the rest, seriatim, until all have expressed their opinions; each one answering apart, 'Content,' or 'Not Content.' If the affirmatives and negatives should happen to be equal in number, the question is invariably presumed to be in the negative, (semper praesumitur pro negante,) and the Not Contents have the effect of an absolute majority. In the House of Commons, the members vote by Ayes and Noes, altogether: but if it be doubtful which is the greater number, the House divides. If the question be whether any bill, petition, &c. is to be brought into the House, then the Ayes, or approvers of the same, go out; but, if it be upon anything which the House is once possessed of, the Noes go out. Upon all questions where the House divides, the Speaker appoints four tellers—two of each opinion; who, after they have told or numbered those within, place themselves in the passage between the Bar and the door, in order to tell those who went out; who, till then, are not permitted to re-enter the House. This being done, the two tellers who have the majority take the right hand, and all four placing themselves within the bar, make three reverences as they advance towards the table, where they deliver the written numbers, saying, 'the Ayes that went out are so many: the Noes who remain are so many:' and vice versa as it may happen. This the Speaker repeats, declaring the majority.
"In a committee of the whole House, the way of dividing is by changing sides, the Ayes taking the right, and the Noes taking the left hand of the Speaker's chair. On such occasions there are but two tellers.
"In each House the act of the majority binds the whole. This majority is openly declared, and the votes, with the names of their authors attached, are generally published in the newspapers; so that the people at large are well enabled to judge of the conduct of their legislators and representatives. This notoriety doubtless produces a very beneficial effect in preserving the integrity of the members of both houses. It is true that when the House of Commons is about to divide, the speaker orders the gallery to be cleared, and all strangers are compelled to withdraw, that the members may be free from popular influence in giving their votes. But, as tellers are appointed to count the votes on each side, there can be no collusion or deception in the decision of any question; at the same time, this method is attended with sufficient publicity for every constitutional purpose. Indeed, it has ever been held the law, rule, and usage of the House of Commons, that all strangers are there only by sufferance, consequently, whenever a member gives notice to the Speaker that he perceives a stranger or strangers, it is the invariable custom of the latter to order them to withdraw; otherwise the sergeant-at-arms will take them into custody, and so enforce the Standing Orders of the House for their exclusion. The publication of the speeches and votes delivered in Parliament is a modern practice, and certainly a breach of the privileges of the members; consequently it may at any time be prohibited by the enforcement of the Standing Orders of either House.
"In the House of Commons, the Speaker never speaks to any question, except the House be in a committee; nor does he even vote, unless the number of votes on both sides of the House be equal; when his casting vote decides the majority. In the Lords, if the Chancellor be desirous of giving his opinion, he must leave the woolsack, and go to his place among that rank of nobility to which he belongs. If he be not a peer, he may neither speak to the question, nor vote upon it; but if a peer, he has a vote on every question. The Speaker of the Commons is prohibited by the rules of that House from persuading or dissuading the members in the passing of any bill: his duty is merely to make a plain and short narrative of its objects. When any member of the Commons is desirous of speaking on a bill before the House, he stands up in his place; uncovered, and directs his speech to the Speaker. In the House of Peers, on the contrary, the orator addresses himself to the Lords generally, only. In either case he may remain on his legs for an indefinite length of time: using whatever arguments, and entering into as many details, as he pleases; but, having once sat down, he is not permitted, unless personally reflected on, to speak again on the same day, to the same matter; or on the same reading of the same bill, even although his arguments be confuted by another member: but, if the whole house should be turned into a committee on any business, then any member may reply as often as he pleases, or as the chairman of the said committee may judge expedient. If it happen that any member of either House should utter words offensive to the King's majesty, or to the House itself, he is immediately called to the bar: in the House of Commons he sometimes, on his knees, receives a reprimand from the Speaker, and is obliged to apologize: if the offence be great, he may, by the Speaker's warrant, be sent to the Tower, or even to Newgate. When a member, during the heat of debate, happens to be betrayed into intemperate language towards another member he is merely called to 'Order' by the Speaker, and this call has generally the desired effect of quelling all animosity between the parties; but if, as sometimes has happened, anything should be uttered amounting to a challenge to settle the dispute 'out of doors,' the Speaker invariably insists upon a pledge from both, 'upon their honour,' that there shall be no fight, and generally succeeds in making them shake hands; otherwise, he has it in his power to commit the would-be combatants to the safe-keeping of the sergeant-at-arms, and to bind the mover to keep the peace. If any member, notwithstanding the call to 'Order,' persist in being disorderly, it is customary for the Speaker to name him; by which indication he is sure to incur the displeasure or censure of the House."
W.G.C.
POOR LAWS
Before the Reformation there were no Poor Rates; the charitable dole given at the Religious Houses, and church-ale in every parish did the business. In every parish there was a church house, to which belonged spits, pots, crocks, &c. for dressing provision. Here the housekeepers met and were merry, and gave their charity. The young people met there too, and had dancing and bowling, shooting at butts, &c. A. Wood says there were few or no alms-houses before Henry VIII. In every church and large inn was a poor man's box.—From Aubrey's MSS. Collections.
It should be recollected that the present mode of assessment for the relief of the poor in England, was not adopted till every other mode had been tried. Before the dissolution of the religious houses, temp. Henry VIII., paupers were licensed to beg within certain limits (22nd. Henry VIII., chap. 12.) and magistrates were authorized to receive and support them, coming to the places of their birth, by voluntary and charitable alms, and a method was prescribed for collecting those alms. In the reign of Edward VI., laws were passed for enforcing charitable voluntary contributions (5th and 6th Edw. VI., chap. 2.) Persons refusing to give according to their means were to be admonished; first by the minister, and then by the bishop. These provisions were found insufficient, and it was enacted early in the reign of Elizabeth, that if the parties were insensible to the clerical and episcopal admonitions, they should be bound over by the minister or bishop to the quarter sessions; where they were again to be admonished; and if they remained refractory, the justices and churchwardens were to assess them according to their discretion. (5th Eliz. chap. 3.) In the 14th year of her reign the act was passed and provision made for regular assessments, and the appointment of overseers provided for; which the subsequent acts of the 18th, 39th, and 43rd of the same reign completed, and which has still remained.