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
These vigorous resolutions produced a conference between the houses,
which was managed with more temper than might have been expected from
the tone taken on both sides. But, neither of them receding in the
slightest degree, the Lords addressed the queen, requesting her to
issue the writs of error demanded upon the refusal of the king's bench
to discharge the parties committed by the House of Commons. The queen
answered the same day, that she should have granted the writs of error
desired by them, but finding an absolute necessity of putting an
immediate end to the session, she was sensible there could have been
no further proceeding upon them. The meaning of this could only be,
that by a prorogation all commitments by order of the lower house of
parliament are determined, so that the parties could stand in no need
of a habeas corpus. But a great constitutional question was thus
wholly eluded.[388]
We may reckon the proceedings against Mr. Alexander Murray, in 1751,
among the instances wherein the House of Commons has been hurried by
passion to an undue violence. This gentleman had been active in a
contested Westminster election, on an anti-ministerial and perhaps
jacobite interest. In the course of an inquiry before the house,
founded on a petition against the return, the high-bailiff named Mr.
Murray as having insulted him in the execution of his duty. The house
resolved to hear Murray by counsel in his defence, and the
high-bailiff also by counsel in support of the charge, and ordered the
former to give bail for his appearance from time to time. These,
especially the last, were innovations on the practice of parliament,
and were justly opposed by the more cool-headed men. After hearing
witnesses on both sides, it was resolved that Murray should be
committed to Newgate, and should receive this sentence upon his knees.
This command he steadily refused to obey, and thus drew on himself a
storm of wrath at such insolence and audacity. But the times were no
more, when the Commons could inflict whippings and pillories on the
refractory; and they were forced to content themselves with ordering
that no person should be admitted to him in prison, which, on account
of his ill-health, they soon afterwards relaxed. The public voice is
never favourable to such arbitrary exertions of mere power: at the
expiration of the session, Mr. Murray, thus grown from an intriguing
jacobite into a confessor of popular liberty, was attended home by a
sort of triumphal procession amidst the applause of the people. In the
next session he was again committed on the same charge; a proceeding
extremely violent and arbitrary.[389]
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