before the house of lords; upon which occasion Lord Chancellor Brougham expressed himself in the negative, and the other law lords, Eldon and Tenterden, in the affirmative; but the point was not then solemnly decided.[1] It had, however, been previously affirmed by the house of lords in the case of Rex v. Flower, (8 T.R. 314,) in case of a libel upon one of the Bishops. Lord Kenyon then said, that in ascertaining and punishing for a contempt of its privileges, the house acted in a judicial capacity.[2]
§ 847. The sixth section of the first article contains an enumeration of the rights, privileges, and disabilities of the members of each house in their personal and individual characters, as contradistinguished from the rights, privileges, and disabilities of the body, of which they are members. It may here, again, be remarked, that these rights and privileges are, in truth, the rights and privileges of their constituents, and for their benefit and security, rather than the rights and privileges of the member for his own benefit and security.[3] In like manner, the disabilities imposed are founded upon the same comprehensive policy; to guard the powers of the representative from abuse, and to secure a wise, impartial, and uncorrupt administration of his duties.
- ↑ See a learned article on this subject in the English Law Magazine for July, 1831, p. 1, &c. Parliamentary Debates, 1831.
- ↑ In Yates v. Lansing, (9 Johns. R. 417,) Mr. Justice Platt said, that "the right of punishing for contempts by summary conviction is inherent in all courts of justice and legislative assemblies, and is essential to their protection and existence. It is a branch of the common law adopted and sanctioned by our state constitution. The decision involved in this power is in a great measure arbitrary and undefinable; and yet the experience of ages has demonstrated, that it is perfectly compatible with civil liberty, and auxiliary to the purest ends of justice."
- ↑ Com. Dig. Parliament, D. 17.
