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
released on bail ten days afterwards.[392] But, without minutely
considering the questionable instances of privilege that we may regret
to find, I will select one wherein the House of Commons appear to have
gone far beyond either the reasonable or customary limits of
privilege, and that with very little pretext of public necessity. In
the reign of George I., a newspaper called _Mist's Journal_ was
notorious as the organ of the jacobite faction. A passage full of the
most impudent longings for the Pretender's restoration having been
laid before the house, it was resolved, May 28, 1721, "that the said
paper is a false, malicious, scandalous, infamous, and traitorous
libel, tending to alienate the affections of his majesty's subjects,
and to excite the people to sedition and rebellion, with an intention
to subvert the present happy establishment, and to introduce popery
and arbitrary power." They went on after this resolution to commit the
printer Mist to Newgate, and to address the king that the authors and
publishers of the libel might be prosecuted.[393] It is to be observed
that no violation of privilege either was, or indeed could be alleged
as the ground of this commitment; which seems to imply that the house
conceived itself to be invested with a general power, at least in all
political misdemeanours.
I have not observed any case more recent than this of Mist, wherein
any one has been committed on a charge which could not possibly be
interpreted on a contempt of the house, or a breach of its privilege.
It became however the practice, without previously addressing the
king, to direct a prosecution by the attorney-general for offences of
a public nature, which the Commons had learned in the course of any
inquiry, or which had been formally laid before them.[394] This seems
to have been introduced about the beginning of the reign of Anne, and
is undoubtedly a far more constitutional course than that of arbitrary
punishment by overstraining their privilege. In some instances, libels
have been publicly burned by the order of one or other house of
parliament.
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