Opening the text

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

Name: Constitutional History of England, Henry VII to George II. Volume 3 of 3
Author: Hallam, Henry

Hallam, Henry

Constitutional history -- Great Britain

3. A more important class of offences against privilege is of such as
affect either house of parliament collectively. In the reign of
Elizabeth we have an instance of one committed for disrespectful words
against the Commons. A few others, either for words spoken or
published libels, occur in the reign of Charles I. even before the
long parliament; but those of 1641 can have little weight as
precedents, and we may say nearly the same of the unjustifiable
proceedings in 1680. Even since the revolution we find too many proofs
of encroaching pride or intemperate passion, to which a numerous
assembly is always prone, and which the prevalent doctrine of the
house's absolute power in matters of privilege has not contributed
much to restrain. The most remarkable may be briefly noticed.

The Commons of 1701, wherein a tory spirit was strongly predominant,
by what were deemed its factious delays in voting supplies, and in
seconding the measures of the king for the security of Europe, had
exasperated all those who saw the nation's safety in vigorous
preparations for war, and led at last to the most angry resolution of
the Lords, which one house of parliament in a matter not affecting its
privileges has ever recorded against the other.[384] The grand jury of
Kent, and other freeholders of the county, presented accordingly a
petition on the 8th of May 1701, imploring them to turn their loyal
addresses into bills of supply (the only phrase in the whole petition
that could be construed into disrespect), and to enable his majesty to
assist his allies before it should be too late. The tory faction was
wrought to fury by this honest remonstrance. They voted that the
petition was scandalous, insolent, and seditious, tending to destroy
the constitution of parliament, and to subvert the established
government of this realm; and ordered that Mr. Colepepper, who had
been most forward in presenting the petition, and all others concerned
in it, should be taken into custody of the serjeant.[385] Though no
attempt was made on this occasion to call the authority of the house
into question by habeas corpus or other legal remedy, it was discussed
in pamphlets and in general conversation, with little advantage to a
power so arbitrary, and so evidently abused in the immediate
instance.[386]

Public-domain text, read in full here on John Shaqi.

Opening the text

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

3. A more important class of offences against privilege is of such as
affect either house of parliament collectively. In the reign of
Elizabeth we have an instance of one committed for disrespectful words
against the Commons. A few others, either for words spoken or
published libels, occur in the reign of Charles I. even before the
long parliament; but those of 1641 can have little weight as
precedents, and we may say nearly the same of the unjustifiable
proceedings in 1680. Even since the revolution we find too many proofs
of encroaching pride or intemperate passion, to which a numerous
assembly is always prone, and which the prevalent doctrine of the
house's absolute power in matters of privilege has not contributed
much to restrain. The most remarkable may be briefly noticed.

The Commons of 1701, wherein a tory spirit was strongly predominant,
by what were deemed its factious delays in voting supplies, and in
seconding the measures of the king for the security of Europe, had
exasperated all those who saw the nation's safety in vigorous
preparations for war, and led at last to the most angry resolution of
the Lords, which one house of parliament in a matter not affecting its
privileges has ever recorded against the other.[384] The grand jury of
Kent, and other freeholders of the county, presented accordingly a
petition on the 8th of May 1701, imploring them to turn their loyal
addresses into bills of supply (the only phrase in the whole petition
that could be construed into disrespect), and to enable his majesty to
assist his allies before it should be too late. The tory faction was
wrought to fury by this honest remonstrance. They voted that the
petition was scandalous, insolent, and seditious, tending to destroy
the constitution of parliament, and to subvert the established
government of this realm; and ordered that Mr. Colepepper, who had
been most forward in presenting the petition, and all others concerned
in it, should be taken into custody of the serjeant.[385] Though no
attempt was made on this occasion to call the authority of the house
into question by habeas corpus or other legal remedy, it was discussed
in pamphlets and in general conversation, with little advantage to a
power so arbitrary, and so evidently abused in the immediate
instance.[386]

Public-domain text, read in full here on John Shaqi.

Constitutional History of England, Henry VII to George II. Volume 3 of 3

Constitutional History of England, Henry VII to George II. Volume 3 of 3

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