Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
2. The power of each house of parliament over those who do not belong
to it is of a more extensive consideration, and has lain open, in some
respects, to more doubt than that over its own members. It has been
exercised, in the first place, very frequently, and from an early
period, in order to protect the members personally, and in their
properties, from anything which has been construed to interfere with
the discharge of their functions. Every obstruction in these duties,
by assaulting, challenging, insulting any single representative of the
Commons, has from the middle of the sixteenth century downwards, that
is, from the beginning of their regular journals, been justly deemed a
breach of privilege, and an offence against the whole body. It has
been punished generally by commitment, either to the custody of the
house's officer, the serjeant-at-arms, or to the king's prison. This
summary proceeding is usually defended by a technical analogy to what
are called attachments for contempt, by which every court of record is
entitled to punish by imprisonment, if not also by fine, any
obstruction to its acts or contumacious resistance of them. But it
tended also to raise the dignity of parliament in the eyes of the
people, at times when the government, and even the courts of justice,
were not greatly inclined to regard it; and has been also a necessary
safeguard against the insolence of power. The majority are bound to
respect, and indeed have respected, the rights of every member,
however obnoxious to them, on all questions of privilege. Even in the
case most likely to occur in the present age, that of libels, which
by no unreasonable stretch come under the head of obstructions, it
would be unjust that a patriotic legislator, exposed to calumny for
his zeal in the public cause, should be necessarily driven to a
troublesome and uncertain process at law, when the offence so
manifestly affects the real interests of parliament and the nation.
The application of this principle must of course require a discreet
temper, which was not perhaps always observed in former times,
especially in the reign of William III. Instances at least of
punishment for breach of privilege by personal reflections are never
so common as in the journals of that turbulent period.
Public-domain text, read in full here on John Shaqi.
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