CHAPTER X

PARLIAMENTARY PRIVILEGE AND PUNISHMENT

Parliament has ever been most tenacious of its historic and

traditionary rights and privileges. Of these, freedom of speech and

freedom from arrest may be considered the most important. The right of

personal access to the Crown is claimed by peers, any one of whom may

demand a private audience with the sovereign, and, though the Commons

are not granted a similar privilege, it is permissible for them to

accompany their Speaker when he presents an address to the King, and

to wear ordinary dress on such an occasion.

In olden days peers enjoyed other indulgences denied to their humbler

brethren. They were, for instance, permitted to kill deer in the

King's forests whenever, in obedience to a royal summons, they

journeyed to or from the sovereign. At such times the bag was limited

to two deer, and these might only be slain in the presence of the

King's Forester. If that official were not at hand, the sporting peer

was enjoined to blow several loud blasts upon his hunting-horn before

pursuing his quarry to the death.[256] Peers were further allowed

"benefit of clergy," in the good old days, for such crimes as highway

robbery, horse-stealing and house-breaking, but only for a first

offence. If they took up burglary as a hobby, or if the robbery of

churches became with them a daily habit, they could no longer escape

from the consequences of their misdeeds, and were haled to prison just

as though they had been mere ordinary mortals. "Benefit of clergy"

was a privilege which was repealed by Act of Parliament in 1801, and a

peer to-day cannot steal a single gold watch with impunity.

[256] Pike's "Constitutional History," p. 267.

Exemption from arrest on a civil process during the session, or for

forty days before and after, is a privilege which members of the House

of Commons as well as the Lords have always enjoyed.[257] It extended

to their estates until 1857, and to their servants until 1892. This

immunity does not, however, extend to breaches of the criminal law,

nor can it be claimed in the case of an indictable offence or of

contempt of court, its original object being merely to secure freedom

of arrival and attendance. The Speaker of the Commons, Thomas Thorpe,

who was summoned in Henry VI.'s time for carrying away certain goods

and chattels from the Bishop of Durham's Palace, was fined £1000, and

committed to the Fleet until this sum should be paid. The question of

privilege was raised, but the House of Lords decided that the culprit

must remain in prison, and the Commons were directed to elect another

Speaker.

[257] Peeresses may also claim this as a right.

In the early days of Parliament, privilege from arrest was generally

enforced by a resolution of the House or by a Chancery writ, though

there is at least one instance of a member being released without any

such formality. This occurred in the case of a member named Ferrars,

who had been arrested for debt by the Sheriff of London in 1543. The

Sergeant-at-Arms who went to demand his release was illtreated, and

sent back empty-handed. The House thereupon summoned the sheriff to

the Bar, and with him the creditor who had sued Ferrars, and committed

both to prison.

In 1575 the privilege was extended, the servants of members of the

House of Commons being included within the pale of its protection.

This naturally led to many abuses, culminating in the case of the

notorious Colonel Wanklyn. This member gave a signed "protection" to a

wealthy friend whom he falsely named as his servant in order to

enable him to escape the payment of a debt which he owed to his own

wife. The fraud being made public, the culprit was expelled from the

House, and went away weeping bitterly, "to the scandal of his brother

officers."[258] In the same year a man named Smalley, the servant of

Arthur Hall, member for Grantham, was arrested for debt and released

by the Speaker's order. It was afterwards discovered that he had

arranged his arrest so as to elude his financial liabilities, and the

indignant House ordered him to be imprisoned and fined £100.[259]

Further discredit was cast upon one of the ancient privileges of

Parliament by another member named Benson, who was found guilty of

selling "protections" at sixteen shillings apiece, and was turned out

of the House.

[258] Townsend's "History," vol. i. p. 253.

[259] Raikes's "Journal," vol. i. p. 320.

If the Commons were justly severe in their treatment of members who

abused this particular privilege, they punished with even greater

severity any unfortunate persons who attempted to violate it. In 1584

an official of the mighty Star Chamber was committed to the Tower for

daring to serve a _subpoena_ on a member of Parliament. At the

beginning of the next century, two officers who had arrested a

member's servant were condemned to ride together upon a single horse,

back to back, through the streets of London. In this insecure and

undignified position they were taken from Westminster to the Exchange,

wearing upon their breasts a placard inscribed with their offence, an

awful example to all who would dream of laying hands on the sacred

persons of parliamentarians or their dependents.

The immunity which members had hitherto enjoyed was slightly modified

in 1700, when an Act was passed permitting civil suits to be commenced

against them after a dissolution or prorogation, or during any

adjournment of more than fourteen days. Later on, in George III.'s

reign, their privileges were still further curtailed, their persons

alone being held sacred, and that for a period of only forty days

before or after the meeting of Parliament. Use was still made of this

privilege as a shield from the power of the law, and as late as 1807

there are instances of the unscrupulous purchase of seats in the

Commons for the sole purpose of obtaining release from prison or

escaping the payment of debt.

To this day members of Parliament are safe from arrest within the

precincts of the Palace of Westminster. Irish members who had been

convicted under the Coercion Act, in the palmy days of the Land

League, found in the House of Commons a useful if only temporary

sanctuary. Dr. Tanner took his seat there at a time when a warrant for

his arrest had been issued, and it was not until the adjournment of

the House and the return to his hotel of this member, so badly "wanted

by the police," that he could be lawfully apprehended.

The jealous care with which Parliament guarded its rights in olden

days often threatened to bring the very name of privilege into

contempt. The Commons especially acquired the pernicious habit of

voting that whatsoever displeased them was an insult to Parliament,

requiring instant and drastic punishment. Books or sermons which

criticized or reflected upon the doings of either House were condemned

wholesale, confiscated, and publicly burnt by the common hangman;

authors or preachers were imprisoned and otherwise penalized. "The

Parliament-men are as great Princes as any in the World," says Selden,

"when whatsoever they please is privilege of Parliament; no man must

know the number of their privileges, and whatsoever they dislike is

breach of privilege."[260]

[260] "Table Talk," p. 109.

Impeachment, imprisonment, fines, confiscation of property, or

committal to the Tower, were among the penalties meted out with a

lavish hand to all who gave offence to the Commons. In 1624, Dr.

Harrys, vicar of Blechingly, was brought to the bar of the Commons for

interfering at elections, and compelled to confess his guilt, and

afterwards to apologise to his parishioners. A Welsh judge named

Jenkins was summoned before the Long Parliament for having called the

House of Commons a den of thieves, and, on refusing to "bow himself in

this house of Rimmon," was sentenced to death.

The most trivial faults, the most innocent acts, were from time to

time voted contempts of Parliament, and the offenders chastised with a

barbarity which was out of all proportion to the nature of their

misdeeds. So harmless an offence as crowding or jostling against a

member of Parliament was at one time considered a crime. In the days

when the great Arthur Onslow occupied the Chair of the House of

Commons, it was his custom to traverse Westminster Hall on his way to

the House, saluting the Judges as he passed. An unfortunate man who

accidentally blocked the Speaker's path on one occasion was instantly

ordered into custody.[261]

[261] Hatsell's "Precedents," vol. ii. p. 241 n.

Poaching the game of a member of Parliament was also adjudged a

misdemeanour worthy of severe retribution. A poacher who trespassed on

the fishing rights of Admiral Griffiths, M.P., in 1759, was

reprimanded on his knees at the bar of the Commons.[262]

[262] Lord Russell's "Essays and Sketches," p. 346.

The presentation of fraudulent petitions has always been regarded as a

breach of parliamentary privilege; and, in 1887, a man named Bidmead,

who presented a petition which was found to be full of false

signatures, was brought to the bar and severely reprimanded. This

process of haling an offender to the bar to receive the censure of the

House was an impressive one, calculated to strike fear into the

boldest heart. The culprit was brought in, in the custody of the

Sergeant-at-Arms, and compelled to kneel at the bar, where the Speaker

sentenced him in his severest tones to such penalties as the House

deemed sufficient to expiate his crime. One wretched prisoner was so

alarmed that he had a fit, and was carried out in an unconscious

condition.

The rule requiring an offender to kneel was not finally repealed until

the middle of the eighteenth century. In 1751 an attorney named

Crowle was reprimanded on his knees for misconduct of some kind or

other at an election. On rising to his feet Mr. Crowle carefully wiped

the knees of his trousers, remarking contemptuously that he had never

before been in so dirty a house.[263] In this same year Alexander

Murray, brother of the Jacobite Lord Elibank, was summoned for

obstructing the High Bailiff of Westminster at election time. He

resolutely declined to kneel when brought to the Commons bar, nor

could the threats or entreaties of the Sergeant-at-Arms prevail upon

him to conform to the rules of the House in this respect. "I never

kneel but to God," he said. "When I have committed a crime I kneel to

God for pardon, but, knowing my own innocence, I can kneel to no one

else." As a punishment for his obstinacy, Murray was committed to

Newgate, and remained there until the prorogation of Parliament. The

close of the session operated as his release, and he was acclaimed in

triumph by the City populace. When Parliament met again he was once

more committed, but fled abroad, and so escaped further imprisonment.

[263] Oldfield's "History of the House of Commons," vol. i. p. 420.

This ceremony of enforced kneeling was a humiliation repulsive to

many. Windham told Fanny Burney that the sight of Warren Hastings on

his knees at the bar was so repugnant to his feelings that he looked

the other way to avoid seeing the degradation of the impeached

statesman. "It hurt me," he says, "and I wished it dispensed

with."[264] This wish soon became universal, and the practice was

discontinued in 1772, Baldwin, the printer of the "St. James's

Chronicle," who was reprimanded for publishing a report of the

parliamentary proceedings, being the last man to kneel at the bar of

the House.

[264] "Diary and Letters of Mme. D'Arblay," vol. iv.

When a member of Parliament incurs the displeasure of the House its

censure may be visited upon him in various ways, either by a

reprimand, or by fine, or by committal to prison. The first instance

of the Commons punishing one of their own number occurs in 1547, when

a member named Storie was arrested by the Sergeant-at-Arms for

speaking disrespectfully of the Duke of Somerset, and was confined to

the Tower. The House of Commons has never allowed its members to

reflect upon the conduct of those in high places. It also forbids any

criticism of a Resolution of the House, unless the critical member

intends to conclude with a motion for rescinding it. Eight years after

the committal of Storie, another member, Dr. Parry by name, was

brought to the bar for speaking in the House against a Bill that had

already passed its third reading, saying that it was "full of

confiscations, blood, danger, despair, and terror to the English

subjects of this realm, their brothers, uncles, and kinsfolk."[265]

Dr. Parry absolutely declined to give his reasons for holding this

view, nor would he deign to explain why the Bill should cause his

uncles to become desperate and terrorstricken. He was therefore

committed to the Tower, and expelled from the House. Later on an

accusation of treason was brought against him, and a motion made (but,

let us hope, not carried) that he be executed. In 1581, another

member, Arthur Hall, was fined and imprisoned in the Tower for

publishing a book of a slanderous character.

[265] D'Ewes' "Journal," p. 341.

When the House of Commons punished in those days it certainly never

erred on the side of leniency. A Roman Catholic member named Floyd,

who had made use of insulting expressions with reference to the

daughter of James I., was found guilty of gross breach of privilege.

He was sentenced to be degraded, branded, whipped, fined £1000, and to

stand twice in the pillory. After this, whatever was left of him was

to be imprisoned for life. The pillory was evidently a favourite

punishment for recalcitrant members, and as late as 1727 we find a

legislator named Ward suffering this unpleasant penalty in addition to

expulsion from the House.[266]

[266] Ward was expelled for forgery. He is referred to in Pope's

"Dunciad"--

"As thick as eggs at Ward in pillory."--

Book iii. line 34.

In James I.'s reign a certain Sir Giles Mompesson, member of

Parliament, was accused of "being a Monopolist." For this crime he was

turned out of the House, perpetually outlawed, excepted from all

general pardons, bereft of his goods, imprisoned for life, and, last

of all, sentenced to be "for ever held an infamous person."[267]

Another member was sent to the Tower for "speaking out of season," an

offence which is fortunately no longer considered particularly

heinous, or perhaps few members would be at liberty to-day.

[267] "Lex Parliamentaria," pp. 94, 101.

In 1642 Parliament appears to have been especially pitiless,

dispensing fines and imprisonments right and left upon any one who

displeased it. Sir Edward Dering was impeached for promoting a

petition from the county of Kent, and the petition itself was ordered

to be burnt at the hands of the common hangman. Sir Ralph Hopton was

imprisoned in the Tower for saying in the House that his

fellow-members seemed to ground their views of the King's apostacy

upon evidence insufficient to convict a horse-thief; and a wretched

tradesman named Sandeford, who cursed Parliament and all its works,

was fined a hundred marks, pilloried, whipped, and sentenced to

life-long confinement in a House of Correction. So assertive of their

power and so jealous of their privileges were the Commons at this time

that they even made an order to issue a warrant for the apprehension

of all such persons as one of their members, Sir Walter Erie, should

name.[268]

[268] Sir Walter had lodged information of scandalous words spoken by

certain individuals. See Lister's "Life of Clarendon," vol. iii. p.

125.

Peers and prelates were no safer than the humbler members from the

vindictive spirit of Parliament, and any breach of its privileges on

their part brought instant punishment. In 1603 the Bishop of Bristol

published a book which was considered by Parliament to be most

offensive. At a conference of both Houses he was sternly rebuked "for

presuming to see more than a Parliament could," when he at once

recanted, withdrew his obnoxious presumptions, and declared, "first,

that he had erred; secondly, that he was sorry for it; and, thirdly,

that if it were to do again, he would not do it."[269] Only on these

abject terms could he expiate his offence. A hundred years later, in

1712, a volume of sermons written by the Bishop of St. Asaph,

deploring the terms of the peace with France and Spain, was condemned

to be burnt in Palace Yard.

[269] Petyt's "Miscellanea Parliamentaria," p. 64.

The Sergeant-at-Arms is the official entrusted with the duty of

enforcing the penal decisions of the House of Commons. All warrants

issued by the House are executed by him. He brings witnesses and

culprits to the bar, sees that members and strangers do not infringe

its resolutions, and has the custody of such persons as may be

committed to his charge. The doorkeepers, messengers, and police

employed in the Commons are under his control, as are the buildings

themselves while Parliament is sitting. As an officer of the Crown, he

may be summoned to attend upon the sovereign on such occasions as the

opening of Parliament, when the Deputy Sergeant-at-Arms takes his

place as the personal escort of the Speaker. Like his colleagues, the

Sergeant used formerly to eke out a precarious living upon fees, and

received all or a part of the fines inflicted upon members for absence

or unpunctuality. To-day, however, he enjoys a regular salary, and an

official residence.[270]

[270] In bygone days his duties evidently entailed much pedestrian

exercise, as may be gathered from an Order of the House issued in

Queen Elizabeth's time. "Upon Motion of the House" (say the records),

"in regard to the Infirmity and Pains in the Sergeant's Feet, he is

licensed by the House to ride a Footcloth Nag." "Observations, Rules,

and Orders Collected out of Divers Journals of the House of Commons"

(1717), p. 138.

Only once since the attempt of Colonel Pride to purge the House have

representatives of the law traversed the bar of the Commons. The

Palace of Westminster, within and without, is guarded by members of

the Metropolitan Police, but they studiously refrain from trespassing

upon the sacred ground that lies within the bar of either House.

During the Speakership of Mr. Gully, however, in 1901, several Irish

members declined to leave the House when ordered to do so for a

division, and resisted the Sergeant-at-Arms and his myrmidons. Stout

police-constables were therefore summoned, and bore the unwilling

members struggling to the door in that kindly but determined grasp

which, as Suffragettes have since learnt by experience, is one of the

chief charms of the A Division.

The right of the Houses of Parliament to regulate their own internal

concerns has always been admitted. In Henry VI.'s reign the Lord Chief

Justice informed the House of Lords that the High Court of Parliament

"is so high and mighty in its nature that it may make law, and that

that is law it may make no law, and the determination and knowledge of

that privilege belongs to the Lords of the Parliament, and not to the

Justices."[271] Courts of law have never interfered with anything that

took place in Parliament unless it were of an essentially criminal

character. Parliament, however, has not always shown the same

consideration for courts of law. In 1703, a man named Ashby brought an

action against the constables of Aylesbury for refusing to record his

vote at an election. The Commons thereupon declared it a gross breach

of privilege that any court other than themselves should presume to

try a case that had any reference to an election, and proceeded to

take into custody everybody concerned in the affair. The Speaker went

in person to the Court of Queen's Bench to summon the Lord Chief

Justice to attend upon the Commons and explain the law's unjustifiable

interposition. For once, however, the representative of Parliament was

forced to beat an undignified retreat. Old Lord Chief Justice Holt was

a quick-tempered man, and not at all awed by the presence of Speaker

Smith. "If you do not depart from this court," he said to him in his

sternest voice, "I will commit you, though you have the whole House of

Commons in your belly!"

[271] "Rot. Parl;" vol. v. 239-240.

This was but one example of the numerous collisions between Parliament

and the law, resulting from the former's rigid insistence upon bygone

privileges, and the difficulty of settling which questions should be

left to the arbitrament of either authority. If matters were left to

the decision of the Commons, it is clear that everything would

probably be brought within the scope of privilege; if to courts of

law, all privilege would possibly be abolished. Some thought the

former alternative was the least to be feared. "While men are but

men," said Lord Jeffrey, "we must be at the mercy of a fallible and

irresponsible despotism at best; and if we have to choose, as in an

open question, few would hesitate to say that they would rather have

the House of Commons for a despot than the courts of law."[272] But

the matter became ridiculous when Parliament insisted on interfering

in questions which it had clearly no right to decide. In 1721, for

instance, the House of Commons committed the proprietors of a paper

called "Mist's Journal" to Newgate for publishing an article favouring

the restoration of the Pretender. This could scarcely be considered a

breach of privilege, but the House thought itself empowered to deal

with all political offenders. Since that time no one has been

committed, except for a distinct breach of privilege, or for contempt

of Parliament. The latter term, however, embraces the most trivial

offences. In 1827, a stranger who was visiting the House of Lords left

his umbrella in the cloak-room, by order of the attendant. On

returning to claim his property at the end of the sitting, he found

that his umbrella--following the universal fashion of that elusive

article--had disappeared. He proceeded to bring an action against the

doorkeeper, and was awarded damages amounting to £1 0_s._ 4_d._ Lord

Chancellor Eldon thereupon summoned him to the bar of the Lords, and

forced him, on pain of imprisonment, to refund the value of his

umbrella and apologise. Four years later, the printer of "The Times"

was fined £100 and sent to Newgate for having dared to call the Earl

of Limerick "a thing with human pretensions."

[272] Cockburn's "Life of Jeffrey," vol. ii. p. 354.

The House of Lords has always considered itself empowered to inflict

fines as well as imprisonment for a fixed period. When the Commons

confine an offender they may put no term to his sentence, and he is

released automatically on a prorogation. For the last two hundred

years they have ceased to exercise the right of fining delinquents,

but in early days, as we have seen, they often inflicted financial

penalties, and stimulated the attendance of their own members by an

inroad upon their pockets.

At the very commencement of parliamentary history the shires or

boroughs whose representatives did not appear in their places in

Parliament were fined £100. In 1580, any knight who stayed away for a

whole session was fined £20, while citizens and burgesses were fined

£10. Besides this, members lost their pay during absence, and, by an

Act of Henry VIII., boroughs and shires were exonerated from the

payment of wages to members who left Parliament before the end of the

session without the Speaker's permission.

In similar fashion peers and bishops were punished for non-attendance,

the size of their fines varying in proportion to the rank of the

offender. An ordinance framed in Henry VI.'s time, about 1452, imposed

fines of from £40 to £100 upon absentee peers, the sum thus raised to

be appropriated to the defence of Calais.[273] In 1625 a fine of 5_s._

per day was imposed upon peers who disregarded their summons to

Parliament, and we read of the Cinque Ports being mulcted in the sum

of a hundred marks because their baron absented himself.[274] When the

Bill for degrading Queen Caroline was before the Lords a fine of £100

was imposed during the first three days, and £50 for any subsequent

day, on which any peer did not attend, unless he could prove illness

or unavoidable absence. By a former Standing Order, every lord who

entered the House after prayers was fined, if a baron or a bishop,

1_s._; if of higher rank, 2_s._ What a contrast to these degenerate

days in which the Lord Chancellor, the bishop, and one peer, hunted

up for the purpose, form a reluctant congregation!

[273] Nicholas's "Proceedings of the Privy Council," vol. vi. p. lxv.

[274] "Modus Tenendi Parliamentum," p. 28.

In the days of Charles I. penalties were extremely necessary if the

business of Parliament was to be carried on at all. Members took their

duties lightly, and at times not more than a dozen would appear in

their places at Westminster. Prynne describes them as wasting their

time in taverns, playhouses, dicing-houses, cockpits, and bowling

alleys, "rambling abroad to such places at unreasonable Hours of the

Night in antique Parliamentary Robes, Vestments fitter for a Mask or

Stage than the gravity of a Parliament House." They would only come to

peep into the House once or twice a week, he says, to show themselves

in such disguises, and ask, "What news?"[275]

[275] "Brief Register of Parliamentary Writs," p. 672.

In the Parliament which passed the Grand Remonstrance there were

sometimes as many as two hundred absentees. To remedy this evil it was

proposed by Strode that any member who stayed away without leave

should be fined £50, or expelled. This proposal, says D'Ewes, "was

much debated, but laid aside."[276] Even those members who attended

did so in a casual and perfunctory fashion, which proved a source of

great inconvenience to colleagues who took their responsibilities more

seriously. In order, therefore, to enforce punctuality, minor fines

were inflicted, and in 1628 an order was made that any member who came

in late for prayers must contribute 1_s._ to the poor box. The House

met at seven or eight o'clock in the morning in those days; members

therefore had some excuse for arriving late, and the system had to be

temporarily abandoned in 1641, owing to the interruption of business

resulting from the cries of "Pay! Pay!" with which unpunctual persons

were greeted. "Scenes" would often take place when members arrived

just as the clock was striking, and either refused to pay their

shillings, or flung them angrily upon the floor for the Sergeant to

pick up. Later on, when the House rose at midday, instead of in the

afternoon, the regulation was revived. Speaker Lenthall himself was

late on one occasion, much to the delight of the House, and, his

attention being drawn to the fact, threw his shilling down on to the

table with every sign of annoyance.

[276] Forster's "Grand Remonstrance," p. 316 n.

[Illustration: THE HOUSE OF COMMONS IN 1835

FROM AN ENGRAVING BY SAMUEL COUSINS FROM THE PAINTING BY H. W.

BURGESS]

As late as the middle of the eighteenth century members did not allow

their parliamentary duties to interfere with their social pleasures.

Burke once complained because the Commons rose early in order to

attend a _fête-champêtre_ given by Lady Stanley.[277] And in 1751

Horace Walpole told a friend that on the day appointed for the debate

on the Naturalization Bill the House "adjourned to attend Drury

Lane."[278]

[277] Townsend's "History," vol. iii. p. 377.

[278] "Letters," March 7, 1731.

From time to time attempts were made to secure the attendance of

members by means of a "call of the House," of which due notice was

given, members who failed to answer their names being punished. A

"call" which was taken in October, 1647, resulted in the discovery

that one hundred and fifty members were absent, and after a prolonged

debate it was decided that they should be ordered to pay a fine of £20

each. This system has fallen into disuse, the last "call" taking place

in 1836.[279] Five years before this date, however, on March 17, 1831,

three members, including Lord F. L. Gower, who were not in their

places when their names were called, were given into the custody of

the Sergeant-at-Arms, and compelled to pay fines ranging from £8 to

£10.[280]

[279] The last "call" of the Lords took place in 1901 on the trial of

Earl Russell.

[280] Grant's "Recollections," p. 52.

A member who offends against any of the rules or orders of the House

of Commons may be dealt with in several ways, either by being

silenced, suspended, expelled, or committed to prison. If any member

indulges in irrelevance or tedious repetition the Speaker can call

upon him to discontinue his speech. Should the offence against order

be more serious the Speaker may either order the offender to

withdraw from the House or may "name" him, whereupon, on the motion of

the Leader of the House, he is suspended from its service. The

practice of "naming" originated in 1841, when Speaker Lenthall, after

trying in vain to silence certain noisy members who were chatting

together under the gallery, called upon Sir W. Carnabie by name. In

former days little unpleasantness seems to have attached to the

process of "naming," and when Speaker Onslow was asked what the result

would be of "naming" a refractory member he could but answer, "Heaven

only knows!"[281]

[281] Fox asked Sir Fletcher Norton the same question. "What will

happen?" replied the Speaker: "hang me if I either know or care!"

"Life of Sidmouth," vol. i. p. 69 n.

To-day a Speaker may order any member whose conduct is unruly to

withdraw from the House for the remainder of the sitting. By a

Standing Order any member wilfully abusing the regulations of the

House can be "named" by the Chairman or Speaker, and suspended until

the end of the session, unless the House decides to re-admit him

sooner. When a member is "named," the Sergeant-at-Arms escorts him

from the precincts of the chamber, and he is seen off the premises by

the police. Should he decline to obey the Sergeant's invitation to

accompany him beyond the bar, a couple of elderly attendants step

forward and prepare to expedite his progress towards the door. If

force has to be used in order to make a member withdraw, his

suspension lasts unquestionably until the end of the session.

The punishment of suspension had not been used for two hundred years

when it was revived in 1877. Immediately following the extraordinary

scenes of obstruction which gave rise to Speaker Brand's resolute

action, a wholesale suspension of Irish members took place. On

February 3, 1881, Parnell and more than a score of his colleagues were

named and suspended for refusing either to take part in a division or

to withdraw from the House. When the "closure" was applied for the

first time in February, 1885, a scene of uproar ensued, as a result

of which Mr. O'Brien was suspended, and in March, 1901, as already

mentioned, twelve Irish members who declined to leave their places for

a division were forcibly removed by the Sergeant-at-Arms and police,

and subsequently suspended.

Committal to the custody of the Sergeant-at-Arms is nowadays an

uncommon parliamentary punishment, Bradlaugh being one of the last

members to be confined in the Clock Tower.[282] Both Houses, however,

have the legal right of imprisoning (at Holloway or elsewhere) any

British subjects who offend against their privileges.

[282] In 1834 Lord Althorp and Sheil were locked up by the

Sergeant-at-Arms, by order of the Speaker, until they had apologised

to the House and one another for the use of unparliamentary language.

Cf. O'Connell's "Recollections and Experiences," vol. i. p. 169.

Expulsion from the House of Commons is, perhaps, the direst penalty

that can be inflicted upon a member. In 1714, Lord Cochrane and Steele

the essayist were both expelled--the one for spreading false reports

on the Stock Exchange, the other for publishing "The Crisis," a

pamphlet antagonistic in tone to the Government. Some fifty years

later Wilkes, who had been prosecuted for his articles in the "North

Briton," was also expelled from the House. The voters of Middlesex at

once re-elected him, but Parliament declared his opponent, the

defeated candidate, to be duly elected. In 1782, however, the

resolution against Wilkes was erased from the journals of the House.

At the time of the South Sea Bubble a number of members were turned

out for fraud. Since then, however, the list of expulsions has

dwindled, until to-day such a thing would be considered a rare and

unique occurrence. Though expulsion does not preclude re-election, a

grave moral stigma attaches to the penalty, and a modern member who

incurred it would find but little consolation in the reflection that

he shared this invidious distinction with men of no less eminence than

Steele and Walpole.

The Mother of Parliaments · 第 10 / 16 章