A member of the house of commons can not, in theory, resign his seat, but on the acceptance of any office of profit under the crown, his election is, by an act of queen Anne, declared void, and a new writ issues, he being, however, eligible for re-election. By the reform act of 18(57, members who already hold certain offices do noi vacate their seats on the acceptance of certain other offices enumerated, the list seemingly compre hending all offices usually held by members. The resignation of office is held not to be complete until the appointment of a successor; and on the resumption of office, the seat is held not to have been vacated. A first commission in the army or navy vacates a seat; subsequent commissions do not do so. A member wishing to resign usually applies for the stewardship of the Chiltern Hundreds (q.v.).
Privilege.—Both houses of parliament possess extensive privileges for the maintenance of their authority and the protection of individual members. Some of these privileges have well-defined limits; others are so vague in their extent as occasionally to lead to conflicts between parliament and the courts of law. The privilege of speech is claimed of the sovereign by the speaker o: the house of commons at the opening of every new parliament. At the same time, an: member using offensive expressions may be called to the bar to receive a reprimand from the speaker; or, if the offense be grave, may lie committed for contempt, in which case he is sent either to the tower or to Newgate. Persons not members of the house may also he committed for breach of privilege, and no one committed for contempt can lie admitted to bail, nor can the cause of commit ment be inquired into by the courts of law. The publication of the debates of either house has repeatedly been declared a breach of privilege; but for a long time back this privilege has been practically waived, except where the reports are false and perverted. Publication of the evidence before a select committee previously to its being reported is punished as a breach of privilege. Libellous reflections on the character and proceed ings of parliament, or of members of the house, come under the same category, as also does assaulting or threatening a member. Willful disobedience to the orders of the house is punishable as a breach of privilege; but if orders be given beyond the jurisdic tion of the house, their enforcement may be questioned in a court of law. The offer of bribe to, or its acceptance by a member, is a breach of privilege; so also is any inter ference with the officers of the house in the execution of their duty, or tampering with witnesses who are to be examined before the house, or a committee of the house. tampering
bers of both houses are free from arrest or imprisomcnt in civil matters, a privilege which is permanent in the case of peers, extending also to peeresses, whether by crea tion or marriage (though the latter lose it by subsequently marrying it commoner), and to peers and peeresses of Scotland and Ireland, whether representative or not. It con tinues in the case of members of the house of commons during the sitting of parliament, for forty days after each prorogation, for 40 days prior to the day to which parlia ment is prorogued, and for a reasonable time after a dissolution. Witnesses summoned to attend before parliament or parliamentary committees, and other persons in attend ance on the business of parliament, are also protected from arrest. Protection is not claimable from arrest for any indictable offense. Counsel are protected for any state ments that they may make professionally.
Meeting of a New the day appointed for the meeting of a new parlia ment, the members of the two houses assemble in their respective chambers. In the lords, the lord chancellor acquaints the house that "her majesty, not thinking it fit to be personally present here this day, had been pleased to cause a commission to be issued under the great seal, in order to the opening and holding of the parliament," the lords commissioners, being in their robes, and seated between the throne and woolsack, then command the gentleman usher of the black rod to let the commons know that the "lords commissioners desire their immediate attendance in this house to hear the commis shit] read." Meantime, in the lower house, the clerk of tile town in chancery has delivered to the clerk of the house a list of the members returned to serve; and on receiv ing the message from black rod the commons go up to the house of lords. The commis sion having been read in presence of the members of both houses, the lord chancellor opens the parliament by stating " that her majesty will, as scion as the members of both houses shall be sworn, declare the causes of her calling this parliament: and it being necessary that a speaker of the houseof commons should first be chosen, that you, gentlemen of the commons, repair to the place where you are to sit, and there to the appointment of seine proper person as your speaker, and that you present such person whom you shall so .choose here to-morrow at o'clock, for her majesty's royal approbation." The commons immediately withdraw, and, returning to their own house. proceed to elect a speaker.