Lords Sitting of 25 October 1935

Preamble
The House met at eleven of the clock, The LORD CHANCELLOR on the Woolsack.

LORD DE CLIFFORD.
Order of the Day for the consideration of the Report from the Select Committee read.
The Committee reported as follows:
That the Committee have met and considered the subject referred to them, and have agreed to the following Report, namely:
1.That it appears desirable for the end of public justice that the trial of Edward Southwell, Lord de Clifford, should take place with all convenient speed.
2. That the Committee are of opinion that the trial should take place in the Royal Gallery.
3. That the Committee are of opinion that it is expedient that a decision as to the date to be fixed for the trial should be deferred until the assembly of the new Parliament.
4. That the Committee are of opinion that the Judges be summoned to attend.
5. That the Committee are of opinion that the Lord Chancellor be requested, as soon as the date of the trial has been fixed by the House, to write a letter to every Lord to acquaint him that the trial of the Lord de Clifford has been ordered to take place on such a date at eleven o'clock in the forenoon, and that it will be convenient if his Lordship will signify before a date to be named in the said letter whether he intends to be present and to take part in the trial.
6. That on the day appointed for the said trial the Lords do meet in the House of Lords in their Robes at eleven of the clock in the forenoon.
7. That every day during the trial the names of the Lords present be set down by the Clerk of this House.
8. That the Lord High Steward do acquaint the Lord to be tried and all other persons who may have occasion to speak in the Court, that they address themselves to the Lords in general and not to the Lord High Steward.
9. That the Lords do keep their places in the Court during the said trial.
10. That, save as hereinafter provided, no person whatsoever, except the Lords of this House, be admitted within the Bar.
D. That in case the Lord indicted should plead guilty to his indictment, the Lords do immediately withdraw to the House of Lords.
12. That if any doubt shall arise during the said trial no debate shall be had thereupon till the Lords be first withdrawn.
13. That every Lord when he gives his judgment shall declare his opinion upon his honour, laying his right hand upon his breast.
14. That a Proclamation to be made in the Court during the said trial be made in the King's name.
15. That none be covered at the trial but the Lords.
16. That the Serjeant-at-Arms be within the House to make Proclamations, which are to be made in the King's name, for keeping silence.
17. That the Lord de Clifford be seated within the Bar uncoverd and without his robes.
18. That forty seats be reserved for such Peers of Scotland and Ireland as do not sit in the House, Minor Peers and the eldest sons of Peers, and that each person to be so admitted be provided with a non-transferable ticket for such admission upon application to the Lord Great Chamberlain at his office, at the House of Lords, and that if the number of applications exceeds the number of tickets available, the tickets should be allotted by ballot.
19. That eighty seats be reserved for Peeresses for which non-transferable tickets will be issued to Lords of Parliament upon application to the Lord Great Chamberlain at his office, at the House of Lords, and that if the number of applications exceeds the number of tickets available the tickets should be allotted by ballot.
20. That 200 tickets for places below the Bar be issued: one of these tickets to be delivered to each Lord of Parliament upon application to the Lord Great Chamberlain at his office, at the House of Lords, and that if the number of applications exceeds the number of tickets available the tickets should be allotted by ballot.
21. That 100 tickets be set apart for Members of the House of Commons.
22. That Counsel for the Crown and the prisoner, and other persons necessary for the due conduct of the trial, be admitted to places assigned for the purpose within the Bar and that tickets be issued to such persons.
THE LORD CHANCELLOR (VISCOUNT HAILSHAM): My Lords I beg to move, that the Report of the Select Committee in regard to the trial of the Lord de Clifford be now considered.
Moved accordingly, and, on Question, Motion agreed to.
THE LORD CHANCELLOR: My Lords, in moving that this Report be now agreed to, I should like to explain that the Committee whom your Lordships appointed met yesterday afternoon and

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reached agreement in the recommendations which they have to make to your Lordships. I would suggest, therefore, that your Lordships accept the recommendations which they have framed and which are based, in the main, upon the Report in a previous case at the beginning of the century. I beg to move.
Moved, That this Report be now agreed to.—(The Lord Chancellor.)
On Question, Motion agreed to.