Great Britain. Parliament; Great Britain. Parliament -- History; Representative government and representation
[270] In bygone days his duties evidently entailed much pedestrian
exercise, as may be gathered from an Order of the House issued in
Queen Elizabeth's time. "Upon Motion of the House" (say the records),
"in regard to the Infirmity and Pains in the Sergeant's Feet, he is
licensed by the House to ride a Footcloth Nag." "Observations, Rules,
and Orders Collected out of Divers Journals of the House of Commons"
(1717), p. 138.
Only once since the attempt of Colonel Pride to purge the House have
representatives of the law traversed the bar of the Commons. The
Palace of Westminster, within and without, is guarded by members of
the Metropolitan Police, but they studiously refrain from trespassing
upon the sacred ground that lies within the bar of either House.
During the Speakership of Mr. Gully, however, in 1901, several Irish
members declined to leave the House when ordered to do so for a
division, and resisted the Sergeant-at-Arms and his myrmidons. Stout
police-constables were therefore summoned, and bore the unwilling
members struggling to the door in that kindly but determined grasp
which, as Suffragettes have since learnt by experience, is one of the
chief charms of the A Division.
The right of the Houses of Parliament to regulate their own internal
concerns has always been admitted. In Henry VI.'s reign the Lord Chief
Justice informed the House of Lords that the High Court of Parliament
"is so high and mighty in its nature that it may make law, and that
that is law it may make no law, and the determination and knowledge of
that privilege belongs to the Lords of the Parliament, and not to the
Justices."[271] Courts of law have never interfered with anything that
took place in Parliament unless it were of an essentially criminal
character. Parliament, however, has not always shown the same
consideration for courts of law. In 1703, a man named Ashby brought an
action against the constables of Aylesbury for refusing to record his
vote at an election. The Commons thereupon declared it a gross breach
of privilege that any court other than themselves should presume to
try a case that had any reference to an election, and proceeded to
take into custody everybody concerned in the affair. The Speaker went
in person to the Court of Queen's Bench to summon the Lord Chief
Justice to attend upon the Commons and explain the law's unjustifiable
interposition. For once, however, the representative of Parliament was
forced to beat an undignified retreat. Old Lord Chief Justice Holt was
a quick-tempered man, and not at all awed by the presence of Speaker
Smith. "If you do not depart from this court," he said to him in his
sternest voice, "I will commit you, though you have the whole House of
Commons in your belly!"
[271] "Rot. Parl;" vol. v. 239-240.
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