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 is the leading
precedent, as far as records show, for the power of expulsion, which the
Commons have ever retained without dispute of those who would most
curtail their privileges. But in 1558 it had been put to the vote
whether one outlawed and guilty of divers frauds should continue to sit,
and carried in his favour by a very small majority; which affords a
presumption that the right of expulsion was already deemed to appertain
to the house.[447] They exercised it with no small violence in the
session of 1585 against the famous Dr. Parry, who having spoken warmly
against the bill inflicting the penalty of death on jesuits and seminary
priests, as being cruel and bloody, the Commons not only ordered him
into the custody of the serjeant, for opposing a bill approved of by a
committee, and directed the speaker to reprimand him upon his knees, but
on his failing to make a sufficient apology, voted him no longer a
burgess of that house.[448] The year afterwards Bland, a currier, was
brought to their bar for using what were judged contumelious expressions
against the house for something they had done in a matter of little
moment, and discharged on account of his poverty, on making submission,
and paying a fine of twenty shillings.[449] In this case they perhaps
stretched their power somewhat farther than in the case of Arthur Hall,
who, as one of their body, might seem more amenable to their
jurisdiction.
_Privilege of determining contested elections claimed by the
house._--The Commons asserted in this reign, perhaps for the first time,
another most important privilege, the right of determining all matters
relative to their own elections. Difficulties of this nature had in
former times been decided in chancery, from which the writ issued, and
into which the return was made. Whether no cases of interference on the
part of the house had occurred, it is impossible to pronounce, on
account of the unsatisfactory state of the rolls and journals of
parliament under Edward IV., Henry VII. and Henry VIII. One remarkable
entry, however, may be found in the reign of Mary, when a committee is
appointed "to inquire if Alexander Nowell, prebendary of Westminster,
may be of the house;" and it is declared next day by them, that
"Alexander Nowell, being prebendary in Westminster, and thereby having
voice in the convocation-house, cannot be a member of this house; and so
agreed by the house, and the queen's writ to be directed for another
burgess in his place."[450] Nothing farther appears on record till in
1586 the house appointed a committee to examine the state and
circumstances of the returns for the county of Norfolk. The fact was,
that the chancellor had issued a second writ for this county, on the
ground of some irregularity in the first return, and a different person
had been elected. Some notice having been taken of this matter in the
Commons, the speaker received orders to signify to them her majesty's
Public-domain text, read in full here on John Shaqi.
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