Page:Encyclopædia Britannica, Ninth Edition, v. 18.djvu/333

PARLIAMENT 311 precedence of their several dignities, and are hereditary councillors of the crown. Collectively with the Lords Spiritual they form a permanent council of the crown ; and, when assembled in parliament, they form the highest court of judicature in the realm, and area co-equal branch of the legislature, without whose consent no laws can be made. Their judicature is of various kinds, viz., for the trial of peers ; for determining claims of peerage and offices of honour, under references from the crown ; for the trial of controverted elections of Scotch and Irish peers; for the final determination of appeals from courts in England, Scotland, and Ireland ; and, lastly, for the trial of impeachments. Powers of the House of Commons. The House of Com mons also has its own peculiar privileges and jurisdictions. Above all, it has the paramount right of originating the imposition of all taxes, and the granting of supplies for the service of the state. It has also enjoyed, from early times, the right of determining all matters concerning the election of its own members, and their right to sit and vote in par liament. This right, however, has been greatly abridged, as, in 1868, the trial of controverted elections was trans ferred to the courts of law ; but its j urisdiction in matters of election, not otherwise provided for by statute, is still re tained intact. As part of this j urisdiction, the House directs the Speaker to issue warrants to the clerk of the crown to make out new writs for the election of members to fill up such vacancies as occur during the sitting of parliament. Privileges of Parliament. Both Houses are in the enjoy ment of certain privileges, designed to maintain their authority, independence, and dignity. These privileges are founded mainly upon the law and custom of parliament, while some have been confirmed, and others abridged or abrogated by statute. The Lords rely entirely upon their inherent right, as having " a place and voice in parliament "; but, by a custom dating from the 6th Henry VIII. , the Commons lay claim, by humble petition to the crown at the commencement of every parliament, " to their ancient and undoubted rights and privileges." Each House has its separate rights and jurisdictions ; but privileges properly so-called, being founded upon the law and custom of parlia ment, are common to both Houses. Each House adjudges whether any breach of privilege has been committed, and punishes offenders by censure or commitment. This right of commitment is incontestably established, and it extends to the protection of officers of the House, lawfully and properly executing its orders, who are also empowered to call in the assistance of the civil power. The causes of .such commitments cannot be inquired into by courts of law, nor can prisoners be admitted to bail. Breaches of privi lege may be summarized as disobedience to any orders or rules of the House, indignities offered to its character or proceedings, assaults, insults, or libels upon members, or interference with officers of the House in discharge of their duty, or tampering with witnesses. Such offences are dealt with as contempts, according to the circumstances of the respective cases, of which numerous precedents are to be found in the journals of both Houses. The Lords may imprison for a fixed period, and impose fines ; the Commons can only imprison generally, the commitment being concluded by the prorogation, and have long dis continued the imposition of fines. Freedom of Speech. Freedom of speech has been one of the most cherished privileges of parliament from early times. Constantly asserted, and often violated, it was finally declared by the Bill of Rights " that the freedom of speech, and debates and proceedings in parliament, ought not to be impeached or questioned in any court or place out of parliament." Such a privilege is essential to the independence of parliament, and to the protection of mem bers in discharge of their duties. But, while it protects members from molestation elsewhere, it leaves them open to censure or other punishment by the House itself, when ever they abuse their privilege and transgress the rules of orderly debate. Freedom from Arrest, Freedom from arrest is a privi lege of the highest antiquity. It was formerly of extended scope, but has been reduced, by later legislation, within very narrow limits. Formerly not only the persons of members but their goods were protected, and their privilege extended to their servants. At present members are themselves free from arrest, but otherwise they are liable to all the pro cesses of the courts. If arrested, they will be immediately discharged, upon motion in the court whence the process issued. Peers and peeresses are, by the privilege of peerage, free from arrest at all times. Members of the House of Commons are free only for forty days after prorogation and forty days before the next appointed meeting ; but prorogations are so arranged as to ensure a continuance of the privilege. Formerly, even suits against members were stayed, but this offensive privilege has been abolished by statute. Exemption from attending as witnesses upon sub poena, once an acknowledged privilege, is no longer insisted upon; but immunity from service upon juries is at once an ancient privilege and a statutory right. The privilege of freedom from arrest is limited to civil causes, and has not been suffered to exempt members from the operation of the criminal law, nor even from commitments for contempt by other courts. But, whenever the freedom of a member is so interfered with, the courts are required immediately to inform the House of the causes of his commitment. Witnesses, suitors, counsel, and agents in attendance upon parliament are protected from arrest and molestation, and from the consequences of statements made by them, or other proceedings in the conduct of their cases. Conflicts between Privilege and Law. As both Houses, in enforcing their privileges, are obliged to commit offenders or otherwise interfere with the liberty of the sub ject, the exercise of these privileges has naturally been called in question before the courts. Each House is the sole judge of its own privileges; but the courts are bound to administer the law, and, where law and privilege have seemed to be at variance, a conflict of jurisdiction has arisen between parliament and the courts. Many interesting controversies have arisen upon such occasions ; but of late years privilege has been so carefully restrained within the proper limits of the law, and the courts have so amply recognized the authority of parliament, that unseemly con flicts of jurisdiction have been averted. PARLIAMENTARY PROCEDURE. We may now present a general outline of the proceed ings of parliament during the transaction of its multifarious business. On the day appointed by royal proclamation for the meeting of a new parliament, both Houses assemble in their respective chambers, when the Lords Commissioners for opening the parliament summon the Commons to the bar, by the gentleman usher of the black rod, to hear the commission read. The Lord Chancellor then states that, when the members of both Houses shall be sworn, Her Majesty will declare the causes of her calling this parlia ment ; and, it being necessary that a Speaker of the House of Commons shall be first chosen, the Commons are directed to proceed to the appointment of a Speaker, and to present him, on the following clay, for Her Majesty s royal approbation. The Commons at once withdraw to their own ITcuss and proceed to the election of their Speaker. The next day the Speaker-elect proceeds, with the House to the House of Lords, and, on receiving the royal approbation, lays claim, in the accustomed form, on