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be a court
of the prorogation, certain prisoners were committed for a Chapter
the prisoner ought to have been discharged. 3
doned, although never distinctly renounced. In Fitzherbert's
fines and imprisoned offenders for a time certain.5
concerning the daughter of James I. and her husband, the
1 82 L. J. 478.
? Lord Denman's judgment in Stockdale v. Hansard, Proceedings printed by the Commons, 1839 (283), p. 147.
36 Howell, St. Tr. 1296; 1 Mod. Rep. 144; see report by the Serjeant of a prisoner's discharge, “ of course” by a prorogation, 26 L. J.
"D'Ewes, 502; 1 Hatsell, 233; see also Sir E. Coke's statement, 1 C. J. 604; 1 Cowp. 17.
5 Smalley's case, 1575; Hall's case, 1580; 1 C. J. 112. 113. 125. 126; also 7 ib. 531. 591; 9 ib. 543. 687. 737 ; 10 ib. 84 ; 12 ib. 255, 256 ; D'Ewes, J. 366.
Chaptar and to ride backwards on a horse, with the horse's tail in
_ his hand. Upon this judgment being given, first the king
and then the Lords interfered, because the offence was
The last case of a fine by the Commons occurred in 1666,
modes of sons to the custody of the Serjeant-at-arms, to Newgate, or punishto the Tower, during the pleasure of the house; and to keep offenders there until they present petitions praying for their release, and expressing contrition for their offences ; 4 or until, upon motion made in the house, it is resolved that they shall be discharged. It is then usual for the parties to be brought to the bar, by the Serjeant with his mace, and, after a reprimand from the Speaker, to be discharged on payment of their fees (see p. 94). But occasionally their attendance at the bar, and the reprimand, have
11 C. J. 609; 1 Hans. Parl. Hist. 1250.
? 1 C. J. 619; 3 L. J. 134; “Pro. ceedings and Debates of the Com. mons,” 1620, 1621 (Oxford); and 1 Hans. Parl. Hist. 1259; see also the treatment of Nayler by the Protec. torate Parliament, 7 C. J. 465; Palgrave's Oliver Cromwell, 187.
• 8 C. J. 690.
such petitions to be printed and con-
S 95 C. J. 291. 337 ; 97 ib. 224.
« On the 9th May, 1604, it was "delivered for a rule, that no delinquent is to be brought in, but by the Serjeant with his mace," 1 ib. 204; 82 ib. 399; 87 ib. 365; 97 ib. 240; 106 ib. 289.
been dispensed with. A member, if in custody of the Chapter Serjeant, is reprimanded at the bar; but, otherwise, in
unless he be in custody, though there are some examples
motions, reprimand or admonition is always ordered to be entered p. 215; in the journals. Where the offence has been slight, or the apology is accepted as satisfactory, even an admonition contis in.
*** journal, see has been dispensed with; and the house has resolved to p. 191, n. 3. proceed no further in the matter (such resolution being communicated to the person concerned, by the Speaker); 6 or that the person be excused or discharged from further
special circumstances : 8 but, according to present usage,
by the nature of the offence. Imprison.
No period of imprisonment is named by the Commons, ment by
and the prisoners committed by them, if not sooner dis-
confinement on a prorogation, whether they have paid the
Chapter would be discharged by the courts, upon a writ of habeas
wth, kneeling at
1 Lord Denman's judgment in Stockdale v. Hansard, Proceedings printed by the Commons, 1839, (283), p. 142. But this law never extended to an adjournment, even when it was in the nature of a prorogation; see 10 C. J. 537.
• Resolution 16th March, 1772, 33
3 14 Hans. Parl. Hist. 894; 1 Walpole's Memoirs of George II. 15.
- Report of Precedents, 26 C. J. 48. There had, however, been simi. lar cases before the Lords, 3 Parl. Hist. 844. 880.
PRIVILEGE OF FREEDOM OF SPEECH.
Table of Contents,
see IntroNecessity FREEDOM of speech is a privilege essential to every free duction. of freedom of speech. council or legislature. Its principle was well stated by the
Commons, at a conference on the 11th December, 1667 :
propounded and debated before it can be enacted.” 1
the “Commons did oftentimes, under Edward III., discuss
may appear also by the answers to the said petitions.” 2 Hixey's In the 20th Richard II., however, a case occurred in
which this ancient privilege was first violated, and afterwards
? Elsynge, 177.