§ Mr. Broughamsaid, he wished to bring under the consideration of the House, a matter immediately falling within the scope and intent of two of its standing orders. With a view of protecting themselves against great abuse, every member of that House had been prohibited, by those standing orders, from attending as counsel at the bar of the House of Lords; The first standing order referred to common law proceedings, and the other to judicial proceedings by bill. These rules were laid down at a period when it was necessary to raise their privileges to a high ground, and the practice had been during the last century, ever since the year 1710, for members of that House to attend without let or hindrance, in their profestional capacity in the House of Lords. This, however, had not been the case with respect to bills; and for the best reason—because those bills had been or must come before them as members of parliament. Still, if the principle were extended to all cases whatever, great inconvenience must arise—an inconvenience that must be obvious from the mere etiquette of the profession. Another purpose for which the standing order was framed was to guard against an improper influence with respect to private bills exercised in the other House by the members of that; and he certainly had no wish to open the door wider than it now stood for the admission of such bills. His proposition now was, that the case he had to submit furnished fair ground for an exception to the rule. It was on behalf of her majesty's law officers that he made his appeal; 364 and it was in respect of their being so, and of a proceeding by bill having commenced against her majesty in the other House, where she had no officers, and where it was therefore the question whether she ever should. His majesty the other party, had his ministers in that House; he had his household officers; but as the bill originated there, and the queen had no person who could act as the nominee of a committee, she was left under peculiar disadvantages. Supposing too, an event which he could not anticipate—that of the bill coming down to that House—he should have to request for himself and his learned friend permission of the House not to vote on any stage of it. He should now move "That her Majesty's Attorney and Solicitor General be at liberty to attend the bar of the House of Lords as counsel for her Majesty."
Lord Castlereaghthought the House ought not to be called on to decide upon such a motion instanter. Some notice ought to be given, as it appeared to him to be a question that well deserved consideration.
§ Mr. Broughamsaid, he was sorry that it should be viewed in that light; he had himself deemed it a matter of course, and had not anticipated any objection. The consequence of not acceding to his application would be, that no member of that House would hereafter appear in cases of appeal or writs of error at the bar of the other House, as, in duty to his client, he should feel himself compelled to enforce the standing order upon every occasion.
Mr. Wynnsaid, there were two standing orders—one passed in 1666, and the other in 1669—relating to this question. The first provided, that no member of the House of Commons, and who was of the long robe, should act as counsel before the Lords; the second reserved to the House the power of granting exemption. The present case seemed to present sufficient ground for exercising this power, provided an entry was made on the Journals of the special circumstances attending it. He agreed, however, with the noble lord, that it would be better to give some notice.
§ Mr. Broughamsaid, if it could not be regarded as a matter of course, he would give notice for to-morrow.
Sir F. Burdettsaid, they ought to take care that they did not surrender their just rights by a partial proceeding. He under- 365 stood his majesty's attorney-general was commanded by the House of Lords to attend, in order to conduct the prosecution. Certainly, the same course ought to be adopted towards him that was meant to be pursued with reference to the Queen's legal advisers.
The notice of motion was then entered for to-morrow.