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Chapter as having been guilty of forgery;of perjury;? of frauds
and breaches of trust; 8 of misappropriation of public
Mr. Ward, 1726, 20 C. J. 702. 24; Sir J. Trevor (Speaker), 1694, ? Mr. Atkinson, 1783, 39 ib. 770. 11 ib. 274; 5 Parl. Hist. 900–910.
3 South Sea Directors, 1720, 19 Mr. Hungerford, 1695, 11 C. J. 283. ib. 406. 412. 413; Commissioners of Col. Cawthorne, 1796, 51 ib. Forfeited Estates, 1732, 21 ib. 871; 661 ; Mr. Verney, 1891, 146 ib. 208. Benjamin Walsh, 1812, 67 ib. 176; 272. 282. Lord Colchester's Diary, ii. 373; 10 1 ib. 917; 2 ib. 301. 537; 9 ib. Mr. Hastings, 1892, 147 C. J. 120. 431; 17 ib. 513; 18 ib. 411 ; 20 ib.
* Earl of Ranelagh, 1702, 14 ib. 391 ; 137 ib. 61. See also Report of 171; Mr. Hunt, 1810, 65 ib. 398. Precedents, 1807.
• Lord Cochrane and Mr. Cochrane 1139 C, J. 770 ; 67 ib. 176; 69 ib. Johnstone, 1814, 69 ib. 433.
433. 6 Sir J. Bennet, 1621, 1 ib. 588. 1: 11 ib. 283 ; 20 ib. 141. 391; 21
· Mr. Walpole and Mr. Car. ib. 870; 65 ib. 433, &c. bonell, 1711, 17 ib. 30. 97.
13 51 ib. 661 ; 65 ib. 399; 67 ib. * Mr. Ashburnham, 1667, 9 ib. 176; 69 ib. 433; 111 ib. 367. See
Members have also been expelled who have fled from Chapter justice, without any conviction, or judgment of outlawry. _ On the 18th July, 1856, a true bill was found against James Sadleir for fraud, and a warrant was then issued for his apprehension. On the 24th, a motion was made for his expulsion, on the ground of his baving absconded, which, being considered premature, the house refused to entertain. But on the 16th February, 1857, when the reports of the Crown solicitor and officers of the constabulary, showing the measures which had since been ineffectually taken to apprehend Mr. Sadleir, and bring him to trial, had been laid before the house, he was expelled, as having fled from justice.
Mr. Speaker's remarks (Mr. Verney's case), 12th May, 1891, 353 H. D. 3 s. 574.
1 143 H, D. 3 s. 1386; 144 ib. 702;
111 C. J. 379; 112 ib. 48. See also the case of Mr. De Cobain, 1891, 146 ib. 456. 469; 26th Feb. 1892, 147 ib. 67.
custom of Parliament
GENERAL VIEW OF THE PRIVILEGES OF PARLIAMENT.
Both houses of Parliament enjoy various privileges in their Privileges
Some privileges rest solely upon the law and custom of
"In the name, and on behalf of the Commons, to lay claim by Speaker's humble petition to their ancient and undoubted ? rights and privi- petition,
leges; particularly that their persons and servants 3 might be free from Freelum of arrests and all molestations; that they may enjoy liberty of speech in spech, see all their debates; may have access to his Majesty's royal person whenP. 96.
ever occasion shall require; and that all their proceedings may receiro
To which the lord chancellor replies that
first time on the 5th Nov. 1852. · See the protestation of the Com. The claim for servants was retained mons, in answer to James I., who until the 5th Aug. 1892, when the took offence at the Speaker's prayer claim was omitted, their privileges for their privileges as “their antient being wholly abolished (see p. 108). and undoubted right and inherit The officers of the house are still ance," 5 Parl. Hist. 512; 2 Proceed- privileged, within its precincts, ī ings of the Commons, 1620-1, 359. Parl. Deb. 18; 2 Hatsell, 225; Lord
3 The claim of privilege in respect Colchester's Diary, i. 64. of their estates was omitted for the
which have ever been granted to or conferred upon the Commons, by Chapter
This custom probably originated in the ancient practice
But whatever may have been the origin and cause of this custom, and however great the concession to the Crown may appear, the privileges of the Commons are nevertheless independent of the Crown, and are enjoyed irrespectively of their petition. Some have been confirmed by statute, and are, therefore, beyond the control either of the Crown or of any other power but Parliament; while others, having been limited or even abolished by statute, cannot be granted or allowed by the Crown.
Every privilege will be separately treated, beginning with such as are enjoyed by each house collectively, and proceeding thence to such as attach to individual members : but, before these are explained, two of the points enumerated in the Speaker's petition may be disposed of, as being matters of courtesy rather than privilege. The first of these is for freedom of access to his Majesty, and the second “that their proceedings may receive a favourable
is recorded in the 28th Henry VIII. : “but,” says Elsynge,
? 73 L. J. 571 ; 80 ib. 8, &c. case (p. 104), that their liberties and ? 112 C. J. 119, &c.
franchises had been confirmed to 3 See statement in the Commons' them by the royal authority, 6 Rot. petition, 17th Edward IV., Atwyll's Parl, 191.
the Com mons.
Chapter " times of Richard II., Henry IV., and downwards, the
_Commons, with the Speaker, were ever admitted to the king's
presence in Parliament to deliver their answers; and often-
but by the house at large, with their Speaker; and the only
privilege, it is undeniable that the king might refuse to
The only right claimed and exercised by individual mem
bers, in availing themselves of the privilege of access to the See p. 455. king, is that of accompanying the Speaker with addresses,
and entering the presence of royalty, in their ordinary attire.
Far different is the privilege enjoyed by the House of Free access
construcfrom the king the most favourable construction, is con- tion of the ducive to that cordial co-operation of the several branches of Con
u proceedthe legislature which is essential to order and good govern- ings. ment: but it cannot be classed among the privileges of Parliament. It is not a constitutional right, but a personal
Elsynge, 175. 176. .