from the City of London upon the passing of
that bill, one of them a thousand, one two
hundred, and the other twenty guineas. They were
all expelled as guilty of high crime and
misdemeanour.
The Lords, claiming to be a Court of Record,
punish by imprisonment for a fixed time, and
impose a fine. The Commons imprison in
Newgate or the Tower; but for no specified period;
and, of late years, they have not imposed fines.
But since fees have to be paid on release from
imprisonment, the punishment inflicted by the
House of Commons still includes what is in
fact a fine.
Freedom of speech is, of course, an essential
privilege of Parliament. In the reign of Richard
the Second, Haxey, a member of the Commons,
having displeased the king by offering a bill to
reduce the excessive charge of the royal household,
was condemned in Parliament as a traitor.
But, on the accession of Henry the Fourth,
Haxey on his part, and the Commons on their
part, urged their privilege, and the judgment
passed, in derogation of the privileges of
Parliament, was "annulled, and held to be of no
force and effect" by the whole Legislature. Since
that time there have been days, in which the
Parliament has fought hard for this essential
privilege. It was directly impeached for the
last time by Charles the First, in the case of Sir
John Elliot, Denzil, Hollis, and Benjamin Valentine.
This was, indeed, one of the illegal acts
for which that king finally suffered. The last
formal confirmation of this privilege was at the
revolution of sixteen eighty-eight, in the ninth
article of the Bill of Rights, which declares
"that the freedom of speech, and debates or
proceedings in Parliament, ought not to be
impeached or questioned in any court or place
out of Parliament." It is to be observed,
however, that since published speeches are not
recognised by Parliament, they cannot be protected
by its privileges.
The privilege of freedom from arrest in civil
cases or distress of goods is enjoyed by members
of Parliament, in accordance with most ancient
custom. Freedom from arrest was granted also
formerly to fair-goers and others. It is now
enjoyed by members of the Legislature during
the existence of a Parliament, and for a
convenient time before and after it, which fairly
answers to the forty days allowed for going
to and coming from the great assembly. Freedom
from arrest in criminal cases can form
no part of this privilege. To witnesses and
other persons summoned upon business of
the House in going, staying, and returning,
the same privilege of freedom from arrest
also extends. No statement made to Parliament
in the course of its proceddings can be
made the ground of any action at law. There is
still, however, a wide margin of debatable land
between the jurisdiction of the law courts and
the privileges of the courts of Parliament.
Public opinion has of late years checked the
number of disputes between the legislators and
the law. The House of Commons has been
chilled in the ardour of its self-assertion, and in
its most recent battle, ignominiously wreaked
vengeance upon the sheriff who had executed
judgment of the court opposed to it; but shrank
from a committal of the judges by whom the
obnoxious judgment was pronounced.
The swearing-in of members, while there
were oaths necessary to be taken, though
repugnant to some consciences, has, in all recent
parliaments before the present one, made one
or two representatives who could not represent.
Baron Rothschild was thus for eleven years
Member of Parliament without a seat or vote;
he might indeed vote at the election of
Speakers, which occurs before the taking of the
oath, for the oaths must be taken in a full
House, before the Speaker in his chair, between
the hours of nine in the morning and four in the
afternoon. An oath taken at nine in the evening
would not be valid. For this reason, except
on Wednesday, when the House of Commons
meets from twelve to six, a quarter before the
magic hour of four is the time appointed for
the ordinary meeting of the House of Commons.
Four years ago some members took the oaths
when, the Speaker being ill, the Chairman of
Ways and Means fulfilled his duties. Question
arose as to the validity of oaths so taken, and
they were sanctified by an especial Act of
Parliament.
The Queen's speech opens the work of a
session. No business of legislation can be done
until the Crown has opened Parliament. Therefore,
the Speaker, when awaiting summons of
the Commons to the House of Lords to hear the
speech read, goes, after prayers, to the Clerk's
table in the middle of the room, and sits there.
He does not sit in his own chair until her
Majesty has set the State clock going.
The address in answer to the speech having
been voted, it is the glorious privilege of the
House of Commons to proceed to the palace
through the central mall in St. James's Park.
The Lords are obliged to advance by the ordinary
carriage road. A privilege of the Commons
more to be prized is exemption from the necessity
of solemnly appearing at court in burlesque
attire. They are allowed to wear the ordinary
dress of English gentlemen. Upon one point only
are they restricted. They may not bring into
the presence of her Majesty sticks or umbrellas.
The House of Commons has a holiday on
Saturday. The House of Lords has holidays on
Wednesday and on Saturday. But the Saturday
holiday of the Commons has to be secured from
week to week, by formal adjournment from Friday
until Monday. It is in the power of any
member who sees less than forty members in the
house to ask that they be counted. Strangers are
then ordered to withdraw. The two-minute
glass on the clerk's desk is turned, as in the case
of a division; and, while the sand runs, there is
time for any members in adjoining rooms to
hurry to their places. If the time has expired,
and the Speaker is yet left unable to count forty
members, there is an end of business till next
day. A count out on Friday might now and
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