Great Britain. Parliament; Great Britain. Parliament -- History; Representative government and representation
This was but one example of the numerous collisions between Parliament
and the law, resulting from the former's rigid insistence upon bygone
privileges, and the difficulty of settling which questions should be
left to the arbitrament of either authority. If matters were left to
the decision of the Commons, it is clear that everything would
probably be brought within the scope of privilege; if to courts of
law, all privilege would possibly be abolished. Some thought the
former alternative was the least to be feared. "While men are but
men," said Lord Jeffrey, "we must be at the mercy of a fallible and
irresponsible despotism at best; and if we have to choose, as in an
open question, few would hesitate to say that they would rather have
the House of Commons for a despot than the courts of law."[272] But
the matter became ridiculous when Parliament insisted on interfering
in questions which it had clearly no right to decide. In 1721, for
instance, the House of Commons committed the proprietors of a paper
called "Mist's Journal" to Newgate for publishing an article favouring
the restoration of the Pretender. This could scarcely be considered a
breach of privilege, but the House thought itself empowered to deal
with all political offenders. Since that time no one has been
committed, except for a distinct breach of privilege, or for contempt
of Parliament. The latter term, however, embraces the most trivial
offences. In 1827, a stranger who was visiting the House of Lords left
his umbrella in the cloak-room, by order of the attendant. On
returning to claim his property at the end of the sitting, he found
that his umbrella--following the universal fashion of that elusive
article--had disappeared. He proceeded to bring an action against the
doorkeeper, and was awarded damages amounting to £1 0_s._ 4_d._ Lord
Chancellor Eldon thereupon summoned him to the bar of the Lords, and
forced him, on pain of imprisonment, to refund the value of his
umbrella and apologise. Four years later, the printer of "The Times"
was fined £100 and sent to Newgate for having dared to call the Earl
of Limerick "a thing with human pretensions."
[272] Cockburn's "Life of Jeffrey," vol. ii. p. 354.
The House of Lords has always considered itself empowered to inflict
fines as well as imprisonment for a fixed period. When the Commons
confine an offender they may put no term to his sentence, and he is
released automatically on a prorogation. For the last two hundred
years they have ceased to exercise the right of fining delinquents,
but in early days, as we have seen, they often inflicted financial
penalties, and stimulated the attendance of their own members by an
inroad upon their pockets.
Public-domain text, read in full here on John Shaqi.
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