Constitutional History of England, Henry VII to George II. Volume 1 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 1 of 3
Hallam, Henry
Constitutional history -- Great Britain
This power of punishment, as it were for contempt, assumed in respect of
those who molested members of the Commons by legal process, was still
more naturally applicable to offences against established order
committed by any of themselves. In the earliest record that is extant
of their daily proceedings, the Commons' Journal of the first parliament
of Edward VI., we find, on 21st January 1547-8, a short entry of an
order that John Storie, one of the burgesses, shall be committed to the
custody of the serjeant. The order is repeated the next day; on the
next, articles of accusation are read against Storie. It is ordered on
the following day that he shall be committed prisoner to the Tower. His
wife soon after presents a petition, which is ordered to be delivered to
the Protector. On the 20th of February, letters from Storie in the Tower
are read. These probably were not deemed satisfactory, for it is not
till the 2nd of March that we have an entry of a letter from Mr. Storie
in the Tower with his submission. And an order immediately follows, that
"the king's privy council in the nether house shall humbly declare unto
the lord protector's grace, that the resolution of the house is, that
Mr. Storie be enlarged and at liberty, out of prison; and to require the
king's majesty to forgive him his offences in this case towards his
majesty and his council."
Storie was a zealous enemy of the reformation, and suffered death for
treason under Elizabeth. His temper appears to have been ungovernable;
even in Mary's reign he fell a second time under the censure of the
house for disrespect to the speaker. It is highly probable that his
offence in the present instance was some ebullition of virulence against
the changes in religion; for the first entry concerning him immediately
follows the third reading of the bill that established the English
liturgy. It is also manifest that he had to atone for language
disrespectful to the Protector's government, as well as to the house.
But it is worthy of notice, that the Commons by their single authority
commit their burgess first to their own officer, and next to the Tower;
and that upon his submission they inform the Protector of their
resolution to discharge him out of custody, recommending him to
forgiveness as to his offence against the council, which, as they must
have been aware, the privilege of parliament as to words spoken within
its walls (if we are right in supposing such to have been the case)
would extend to cover. It would be very unreasonable to conclude that
this is the first instance of a member's commitment by order of the
house, the earlier journals not being in existence. Nothing indicates
that the course taken was unprecedented. Yet on the other hand we can as
little infer that it rested on any previous usage; and the times were
just such, in which a new precedent was likely to be established. The
right of the house indeed to punish its own members for indecent abuse
Public-domain text, read in full here on John Shaqi.
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