The Works of Samuel Johnson, LL.D. in Eleven Volumes, Volume 06: Reviews, Political Tracts, and Lives of Eminent PersonsJohnson, Samuel
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The Works of Samuel Johnson, LL.D. in Eleven Volumes, Volume 06: Reviews, Political Tracts, and Lives of Eminent Persons
Johnson, Samuel
English essays -- 18th century
That this man cannot be appointed one of the guardians and counsellors
of the church and state, is a grievance not to be endured. Every lover
of liberty stands doubtful of the fate of posterity, because the chief
county in England cannot take its representative from a gaol.
Whence Middlesex should obtain the right of being denominated the chief
county cannot easily be discovered; it is, indeed, the county where the
chief city happens to stand, but, how that city treated the favourite of
Middlesex, is not yet forgotten. The county, as distinguished from the
city, has no claim to particular consideration. That a man was in gaol
for sedition and impiety, would, I believe, have been, within memory, a
sufficient reason why he should not come out of gaol a legislator. This
reason, notwithstanding the mutability of fashion, happens still to
operate on the house of commons. Their notions, however strange, may be
justified by a common observation, that few are mended by imprisonment,
and that he, whose crimes have made confinement necessary, seldom makes
any other use of his enlargement, than to do, with greater cunning, what
he did before with less.
But the people have been told, with great confidence, that the house
cannot control the right of constituting representatives; that he who
can persuade lawful electors to choose him, whatever be his character,
is lawfully chosen, and has a claim to a seat in parliament, from which
no human authority can depose him.
Here, however, the patrons of opposition are in some perplexity. They
are forced to confess, that, by a train of precedents, sufficient to
establish a custom of parliament, the house of commons has jurisdiction
over its own members; that the whole has power over individuals; and
that this power has been exercised sometimes in imprisonment, and often
in expulsion.
That such power should reside in the house of commons, in some cases, is
inevitably necessary; since it is required, by every polity, that where
there is a possibility of offence, there should be a possibility of
punishment. A member of the house cannot be cited for his conduct in
parliament before any other court; and, therefore, if the house cannot
punish him, he may attack, with impunity, the rights of the people, and
the title of the king.
This exemption from the authority of other courts was, I think, first
established in favour of the five members in the long parliament. It is
not to be considered as an usurpation, for it is implied in the
principles of government. If legislative powers are not coordinate, they
cease, in part, to be legislative; and if they be coordinate, they are
unaccountable; for to whom must that power account, which has no
superiour?
The house of commons is, indeed, dissoluble by the king, as the nation
has, of late, been very clamorously told; but while it subsists it is
coordinate with the other powers, and this coordination ceases only,
when the house, by dissolution, ceases to subsist.
Public-domain text, read in full here on John Shaqi.
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