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
of the liberty of speech, may be thought the result naturally from the
king's concession of that liberty; and its right to preserve order in
debate is plainly incident to that of debating at all.
In the subsequent reign of Mary, Mr. Copley incurred the displeasure of
the house for speaking irreverend words of her majesty, and was
committed to the serjeant at arms; but the despotic character of that
government led the Commons to recede in some degree from the regard to
their own privileges they had shown in the former case. The speaker was
directed to declare this offence to the queen, and to request her mercy
for the offender. Mary answered, that she would well consider that
request, but desired that Copley should be examined as to the cause of
his behaviour. A prorogation followed the same day, and of course no
more took place in this affair.[445]
A more remarkable assertion of the house's right to inflict punishment
on its own members occurred in 1581, and being much better known than
those I have mentioned, has been sometimes treated as the earliest
precedent. One Arthur Hall, a burgess for Grantham, was charged with
having caused to be published a book against the present parliament, on
account of certain proceedings in the last session, wherein he was
privately interested, "not only reproaching some particular good members
of the house, but also very much slanderous and derogatory to its
general authority, power, and state, and prejudicial to the validity of
its proceedings in making and establishing of laws." Hall was the master
of Smalley, whose case has been mentioned above, and had so much
incurred the displeasure of the house by his supposed privity to the
fraud of his servant, that a bill was brought in and read a first time,
the precise nature of which does not appear, but expressed to be against
him and two of his servants. It seems probable, from these and some
other passages in the entries that occur on this subject in the journal,
that Hall in his libel had depreciated the House of Commons as an estate
of parliament, and especially in respect of its privileges, pretty much
in the strain which the advocates of prerogative came afterwards to
employ. Whatever share therefore personal resentment may have had in
exasperating the house, they had a public quarrel to avenge against one
of their members, who was led by pique to betray their ancient
liberties. The vengeance of popular assemblies is not easily satisfied.
Though Hall made a pretty humble submission, they went on, by a
unanimous vote, to heap every punishment in their power upon his head.
They expelled him, they imposed a fine of five hundred marks upon him,
they sent him to the Tower until he should make a satisfactory
retractation. At the end of the session he had not been released; nor
was it the design of the Commons that his imprisonment should then
terminate; but their own dissolution, which ensued, put an end to the
business.[446] Hall sat in some later parliaments.
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