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II.

Chapter as having been guilty of forgery;1 of perjury; 2 of frauds and breaches of trust; 3 of misappropriation of public money; of conspiracy to defraud; 5 of corruption in the administration of justice, or in public offices, or in the execution of their duties as members of the house; of conduct unbecoming the character of an officer and a gentleman; and of contempts, libels, and other offences committed against the house itself.10

11

8

offences.

Where members have been legally convicted of any Evidence of offences, it is customary to lay the record of conviction before the house. In other cases the proceedings have been founded upon reports of commissions, or committees of the house, or other sufficient evidence.12 And it is customary to order the member, if absent, to attend in his place, before an order is made for his expulsion. Service is made upon him of the order of the house for his attendance; or evidence is furnished proving that service is impossible. Lord Cochrane, imprisoned in the King's Bench for conspiracy to defraud (see p. 116), was brought, in deference to the order of the house, to the bar by the marshal of the prison. Lord Cochrane was desired by the Speaker to take his place, whence he addressed the house in support of his innocence. In the cases of Mr. Verney and Mr. Hastings, lying in prison under sentence for their offences, a communication was made, through the Home Office, of the order for their attendance, and of the intended motion for their expulsion.13

1 Mr. Ward, 1726, 20 C. J. 702.
2 Mr. Atkinson, 1783, 39 ib. 770.
South Sea Directors, 1720, 19
ib. 406. 412. 413; Commissioners of
Forfeited Estates, 1732, 21 ib. 871;
Benjamin Walsh, 1812, 67 ib. 176;
Lord Colchester's Diary, ii. 373;
Mr. Hastings, 1892, 147 C. J. 120.

* Earl of Ranelagh, 1702, 14 ib.
171; Mr. Hunt, 1810, 65 ib. 398.

Lord Cochrane and Mr. Cochrane
Johnstone, 1814, 69 ib. 433.
"Sir J. Bennet, 1621, 1 ib. 588.
Mr. Walpole and Mr. Car-
bonell, 1711, 17 ib. 30. 97.

Mr. Ashburnham, 1667, 9 ib.

24; Sir J. Trevor (Speaker), 1694,
11 ib. 274; 5 Parl. Hist. 900-910.
Mr. Hungerford, 1695, 11 C. J. 283.
Col. Cawthorne, 1796, 51 ib.
661; Mr. Verney, 1891, 146 ib. 268.
272. 282.

10 1 ib. 917; 2 ib. 301. 537; 9 ib.
431; 17 ib. 513; 18 ib. 411; 20 ib.
391; 137 ib. 61. See also Report of
Precedents, 1807.

11 39 C, J. 770; 67 ib. 176; 69 ib. 433.

11 ib. 283; 20 ib. 141. 391; 21 ib. 870; 65 ib. 433, &c.

13 51 ib. 661; 65 ib. 399; 67 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 having 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.1

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.

II.

Chapter
III.

Table of
Contents,

duction.

CHAPTER III.

GENERAL VIEW OF THE PRIVILEGES OF PARLIAMENT.

enjoyed by

Parliament

see Intro- BOTH houses of Parliament enjoy various privileges in their Privileges collective capacity, as constituent parts of the High Court the law and of Parliament; which are necessary for the support of their custom of authority, and for the proper exercise of the functions and by entrusted to them by the constitution. Other privileges, again, are enjoyed by individual members, which protect their persons and secure their independence and dignity.

Some privileges rest solely upon the law and custom of Parliament, while others have been defined by statute. Upon these grounds alone all privileges whatever are founded. The Lords have ever enjoyed them, simply because "they have place and voice in Parliament: "1 but a practice has obtained with the Commons, that would appear to submit their privileges to the royal favour. At the commencement of every Parliament since the 6th Henry VIII., it has been the custom for the Speaker,

statute.

"In the name, and on behalf of the Commons, to lay claim by Speaker's humble petition to their ancient and undoubted 2 rights and privi- petition. leges; particularly that their persons and servants 3 might be free from Freedom 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 whenever occasion shall require; and that all their proceedings may receive from his Majesty the most favourable construction."

P. 96.

To which the lord chancellor replies that

"His Majesty most readily confirms all the rights and privileges.

1 Hakewel, 82.

See the protestation of the Commons, in answer to James I., who took offence at the Speaker's prayer for their privileges as "their antient and undoubted right and inheritance," 5 Parl. Hist. 512; 2 Proceedings of the Commons, 1620-1, 359.

The claim of privilege in respect of their estates was omitted for the

first time on the 5th Nov. 1852.
The claim for servants was retained
until the 5th Aug. 1892, when the
claim was omitted, their privileges
being wholly abolished (see p. 108).
The officers of the house are still
privileged, within its precincts, 7
Parl. Deb. 18; 2 Hatsell, 225; Lord
Colchester's Diary, i. 64.

Freedom of access for

which have ever been granted to or conferred upon the Commons, by Chapter
his Majesty or any of his royal predecessors." 1

The authority of the Crown in regard to the privileges of
the Commons, is further acknowledged by the report of the
Speaker to the house, that their privileges have been con-
firmed in as full and ample a manner as they have been
heretofore granted or allowed by his Majesty, or any of his
royal predecessors.2

This custom probably originated in the ancient practice
of confirming laws in Parliament, that were already in
force, by petitions from the Commons, to which the assent
of the king was given, with the advice and consent of the
Lords.3

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 construction."

1. The first request, for freedom of access to the sovereign, the Com- is recorded in the 28th Henry VIII.: "but," says Elsynge, "it appeareth plainly they ever enjoyed this, even when the kings were absent from Parliament;" and in the

mons.

1 73 L. J. 571; 80 ib. 8, &c.

2 112 C. J. 119, &c.

3 See statement in the Commons' petition, 17th Edward IV., Atwyll's

case (p. 104), that their liberties and
franchises had been confirmed to
them by the royal authority, 6 Rot.
Parl. 191.

III.

Chapter
III

"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 oftentimes, under Richard II., Henry IV., and Henry VI., they did propound matters to the king which were not given them in charge to treat of." The privilege of access is not enjoyed by individual members of the House of Commons, but by the house at large, with their Speaker; and the only Addresses occasion on which it is exercised is when an address is prereign, see p. sented to the king by the whole house. Without this 452. privilege, it is undeniable that the king might refuse to receive such an address presented in that manner; and that so far as the attendance of the whole house may give effect to an address, it is a valuable privilege. Addresses of the house may also be communicated to the sovereign by any members who have access to him as privy councillors or as members of his Majesty's household.

to the sote

The only right claimed and exercised by individual members, 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.
Such a practice is, perhaps, scarcely worthy of notice, but
it is probably founded upon the concession to the House of
Commons, of a free access to the throne, which may be
supposed to entitle them, as members, to dispense with the
forms and ceremonies of the court.

for Peers.

Far different is the privilege enjoyed by the House of Free access Peers. Not only is that house, as a body, entitled to free access to the throne, but each peer, as one of the hereditary counsellors of the Crown, is individually privileged to have an audience of the king (see p. 49).

construc

proceed

2. That all the proceedings of the Commons may receive Favourable from the king the most favourable construction, is con- tion of the ducive to that cordial co-operation of the several branches of Commons' the 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

1 Elsynge, 175. 176.

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