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 free dom 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 members in discharge of their duties. But, while it protects members from molestation else where, it leaves them open to censure or other punishment by the house itself, whenever they abuse their privilege and transgress the rules of orderly debate.
Freedom from arrest is a privilege 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 per sons of members but their goods were protected, and their privi lege extended to their servants. At present members are them selves free from arrest, but otherwise they are liable to all the processes 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 ar rest at all times. Members of the House of Commons are free only for 4o days after prorogation and 4o days before the next appointed meeting; but prorogations are so arranged as to ensure a continuance of the privilege. Formerly, even suits against mem bers 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 priv ilege and a statutory right. The privilege of freedom from arrest is limited to civil causes, and has not been suffered to exempt mem bers from the operation of the criminal law, nor even from corn mitments for contempt by other courts. But, whenever the free dom of a member is so interfered with, the courts are required im mediately to inform the house of the causes of commitment. Witnesses, suitors, counsel and agents in attendance upon parlia ment are protected from arrest and molestation, and from the con sequences of statements made by them, or other proceedings in the conduct of their cases.
As both houses, in enforcing their privileges, are obliged to com mit offenders or otherwise interfere with the liberty of the subject, the exercise of these privileges has naturally been called in ques tion 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 carefully restrained within the proper limits of the law, and the courts have amply recognized the authority of parliament.