EXAMINATION OF WITNESSES.
Common fame is a good ground for the House to proceed by inquiry, and
even to accusation.--_Resolution of the House of Commons_, 1 _Car._ 1,
1625; _Rush. Lex. Parl._ 115; 1 _Grey_, 16. 22. 92; 8 _Grey_, 21, 23,
27, 45.
Witnesses are not to be produced but where the House has previously
instituted an inquiry, 2 _Hats._ 102, nor then are orders for their
attendance given blank.--3 _Grey_, 51. The process is a summons from
the House.--4 _Hats._ 255, 258.
When any person is examined before a committee, or at the bar of the
House, any member wishing to ask the person a question, must address it
to the Speaker or chairman, who repeats the question to the person, or
says to him, "You hear the question, answer it." But if the propriety of
the question be objected to, the Speaker directs the witness, counsel,
and parties to withdraw; for no question can be moved, or put, or
debated, while they are there.--2 _Hats._ 108. Sometimes the questions
are previously settled in writing before the witness enters.--2 _Hats._
106, 107; 8 _Grey_, 64. The questions asked must be entered in the
journals.--3 _Grey_, 81. But the testimony given in answer before the
House is never written down; but before a committee it must be for the
information of the House, who are not present to hear it.--7 _Grey_,
52, 334.
If either House have occasion for the presence of a person in custody
of the other, they ask the other their leave that he may be brought up
to them in custody.--3 _Hats._ 52.
A member, in his place, gives information to the House of what he knows
of any matter under hearing at the bar.--_Jour. H. of C._, Jan. 22,
1744, 5.
Either House may request, but not command, the attendance of a member of
the other. They are to make the request by message to the other House,
and to express clearly the purpose of attendance, that no improper subject
of examination may be tendered to him. The House then gives leave to the
member to attend, if he choose it; waiting first to know from the member
himself whether he chooses to attend, till which they do not take the
message into consideration. But when the Peers are sitting as a court
of Criminal Judicature, they may order attendance; unless where it be
a case of impeachment by the Commons. There it is to be a request.--3
_Hats._ 17; 9 _Grey_, 306, 406; 10 _Grey_, 133.
Counsel are to be heard only on private, not on public bills; and on
such points of law only as the House shall direct.--19 _Grey_, 61.