Great Britain. Parliament; Great Britain. Parliament -- History; Representative government and representation
Exemption from arrest on a civil process during the session, or for
forty days before and after, is a privilege which members of the House
of Commons as well as the Lords have always enjoyed.[257] It extended
to their estates until 1857, and to their servants until 1892. This
immunity does not, however, extend to breaches of the criminal law,
nor can it be claimed in the case of an indictable offence or of
contempt of court, its original object being merely to secure freedom
of arrival and attendance. The Speaker of the Commons, Thomas Thorpe,
who was summoned in Henry VI.'s time for carrying away certain goods
and chattels from the Bishop of Durham's Palace, was fined £1000, and
committed to the Fleet until this sum should be paid. The question of
privilege was raised, but the House of Lords decided that the culprit
must remain in prison, and the Commons were directed to elect another
Speaker.
[257] Peeresses may also claim this as a right.
In the early days of Parliament, privilege from arrest was generally
enforced by a resolution of the House or by a Chancery writ, though
there is at least one instance of a member being released without any
such formality. This occurred in the case of a member named Ferrars,
who had been arrested for debt by the Sheriff of London in 1543. The
Sergeant-at-Arms who went to demand his release was illtreated, and
sent back empty-handed. The House thereupon summoned the sheriff to
the Bar, and with him the creditor who had sued Ferrars, and committed
both to prison.
In 1575 the privilege was extended, the servants of members of the
House of Commons being included within the pale of its protection.
This naturally led to many abuses, culminating in the case of the
notorious Colonel Wanklyn. This member gave a signed "protection" to a
wealthy friend whom he falsely named as his servant in order to
enable him to escape the payment of a debt which he owed to his own
wife. The fraud being made public, the culprit was expelled from the
House, and went away weeping bitterly, "to the scandal of his brother
officers."[258] In the same year a man named Smalley, the servant of
Arthur Hall, member for Grantham, was arrested for debt and released
by the Speaker's order. It was afterwards discovered that he had
arranged his arrest so as to elude his financial liabilities, and the
indignant House ordered him to be imprisoned and fined £100.[259]
Further discredit was cast upon one of the ancient privileges of
Parliament by another member named Benson, who was found guilty of
selling "protections" at sixteen shillings apiece, and was turned out
of the House.
[258] Townsend's "History," vol. i. p. 253.
[259] Raikes's "Journal," vol. i. p. 320.
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