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
I have principally adverted to the powers exerted by the lower house
of parliament, in punishing those guilty of violating their
privileges. It will of course be understood that the Lords are at
least equal in authority. In some respects indeed they have gone
beyond. I do not mean that they would be supposed at present to have
cognisance of any offence whatever, upon which the Commons could not
animadvert. Notwithstanding what they claimed in the case of Floyd,
the subsequent denial by the Commons, and abandonment by themselves,
of any original jurisdiction, must stand in the way of their assuming
such authority over misdemeanours, more extensively at least than the
Commons, as has been shown, have in some instances exercised it. But,
while the latter have, with very few exceptions, and none since the
restoration, contented themselves with commitment during the session,
the Lords have sometimes imposed fines, and, on some occasions in the
reign of George II., as well as later, have adjudged parties to
imprisonment for a certain time. In one instance, so late as that
reign, they sentenced a man to the pillory; and this had been done
several times before. The judgments however of earlier ages give far
less credit to the jurisdiction than they take from it. Besides the
ever memorable case of Floyd, one John Blount, about the same time
(27th Nov. 1621), was sentenced by the Lords to imprisonment and hard
labour in Bridewell during life.[395]
_Privileges of the house not controllable by courts of law._--It may
surprise those who have heard of the happy balance of the English
constitution, of the responsibility of every man to the law, and of
the security of the subject from all unlimited power, especially as to
personal freedom, that this power of awarding punishment at discretion
of the houses of parliament is generally reputed to be universal and
uncontrollable. This indeed was by no means received at the time when
the most violent usurpations under the name of privilege were first
made; the power was questioned by the royalist party who became its
victims, and, among others, by the gallant Welshman, Judge Jenkins,
whom the long parliament had shut up in the Tower. But it has been
several times brought into discussion before the ordinary tribunals;
and the result has been, that if the power of parliament is not
unlimited in right, there is at least no remedy provided against its
excesses.
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