HL Deb 21 June 1880 vol 253 cc397-8
THE MARQUESS OF HUNTLY

I wish to put to the noble and learned Lord on the Woolsack a Question of which I have given him private Notice. I wish to know, Whether any intimation had been made to the Lord Clerk Register, in accordance with the Resolution adopted by the House, relative to the Earl of Mar Peerage, on the 14th instant?

THE LORD CHANCELLOR

I believe no intimation has been made, and that none properly can be made, to the Lord Clerk Register with regard to this Resolution. The Resolution adopted by the House was—"It is incumbent on the House to rescind their Order of the 26th February, 1875." Before the House can rescind that Order there must be a Motion and a vote to do so. There has been no such vote passed; and if any noble Lord should propose one, I must assume that he would come prepared to recommend to the House the adoption of what he may consider a more proper form of Order to be substituted for that which has been made. The Order that was made was consequential on a judicial act of the House, founded on a Report of the Committee of Privileges; and if that is rescinded, beyond all question some other must be made. I hope that anyone who moves such Order will consider whether it shall be in a form which will put on the Union Roll of Scotland two Earldoms of Mar, or in a form which, leaving only one Earldom of Mar, will change its precedence, and whether there are not ob-jections of the gravest character to either of those courses.

THE EARL OF GALLOWAY

My Lords, I gave Notice—a full fortnight's Notice—of my intention to move that the Order be rescinded, and that was fully debated on Monday last. I had originally put down "and it is hereby rescinded;" but I afterwards thought that would be rather offensive in form, and I considered that if the House adopted the Resolution saying that it was "incumbent on them to rescind the Order," that was virtually the same as saying they intended to rescind it; and, therefore, I still hold that the division that took place a week ago was, to all intents and purposes, a decision of the House that the Order should be rescinded. Of course, after what has fallen from the noble and learned Lord on the Woolsack, all I can do is to give Notice that on the first available day I shall move that due effect be given to the Motion of Monday last, the 14th instant, which stands already officially recorded on the Journals of the House as having been resolved in the affirmative.