The History of England in Three Volumes, Vol. I., Part E.: From Charles I. to Cromwell
David Hume · en
The general question, we may observe, with regard to privileges of
parliament, has always been, and still continues, one of of the
greatest mysteries in the English constitution; and in some respects,
notwithstanding the accurate genius of that government, these privileges
are at present as undetermined as were formerly the prerogatives of
the crown. Such privileges as are founded on long precedent cannot be
controverted: but though it were certain, that former kings had not in
any instance taken notice of bills lying before the houses, (which yet
appears to have been very common,) it follows not, merely from their
never exerting such a power, that they had renounced it, or never were
possessed of it. Such privileges also as are essential to all free
assemblies which deliberate, they may be allowed to assume, whatever
precedents may prevail: but though the king's interposition, by an offer
or advice, does in some degree overawe or restrain liberty; it may
be doubted whether it imposes such evident violence as to entitle the
parliament, without any other authority or concession, to claim the
privilege of excluding it. But this was the favorable time for
extending privileges; and had none more exorbitant or unreasonable been
challenged, few bad consequences had followed. The establishment of this
rule, it is certain, contributes to the order and regularity, as well as
freedom, of parliamentary proceedings.
The interposition of peers in the election of commoners was likewise
about this time declared a breach of privilege, and continues ever
since to be condemned by votes of the commons, and universally practised
throughout the nation.