Constitutional History of England, Henry VII to George II. Volume 2 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 2 of 3
Hallam, Henry
Constitutional history -- Great Britain
Eliot, the most distinguished leader of the popular party, died in the
tower without yielding to the submission required. In the long
parliament, the commons came to several votes on the illegality of all
these proceedings, both as to the delay in granting their habeas
corpus, and the overruling their plea to the jurisdiction of the
King's Bench. But the subject was revived again in a more distant and
more tranquil period. In the year 1667, the Commons resolved that the
act of 4 H. VIII. concerning Strode was a general law, "extending to
indemnify all and every the members of both houses of parliament, in
all parliaments, for and touching any bills, speaking, reasoning or
declaring of any matter or matters, in and concerning the parliament
to be communed and treated of, and is a declaratory law of the ancient
and necessary rights and privileges of parliament." They resolved also
that the judgment given 5 Car. I. against Sir John Eliot, Denzil
Holles, and Benjamin Valentine, is an illegal judgment, and against
the freedom and privilege of parliament. To these resolutions the
Lords gave their concurrence. And Holles, then become a peer, having
brought the record of the King's Bench by writ of error before them,
they solemnly reversed the judgment.[6] An important decision with
respect to our constitutional law, which has established beyond
controversy the great privilege of unlimited freedom of speech in
parliament; unlimited, I mean, by any authority except that by which
the house itself ought always to restrain indecent and disorderly
language in its members. It does not, however, appear to be a
necessary consequence from the reversal of this judgment, that no
actions committed in the house by any of its members are punishable in
a court of law. The argument in behalf of Holles and Valentine goes
indeed to this length; but it was admitted in the debate on the
subject in 1667, that their plea to the jurisdiction of the King's
Bench could not have been supported as to the imputed riot in
detaining the speaker in the chair, though the judgment was erroneous
in extending to words spoken in parliament. And it is obvious that the
house could inflict no adequate punishment in the possible case of
treason or felony committed within its walls; nor, if its power of
imprisonment be limited to the session, in that of many smaller
offences.
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