Encouraged by the decision of the House of Lords, five other burgesses of Aylesbury, now familiarly known as "the Aylesbury men," commenced actions against the constables of their town, and were committed to Newgate by the House of Commons for a contempt of their jurisdiction. They endeavoured to obtain their discharge on write of habeas corpus, but did not succeed. The commons declared their counsel, agents, and solicitors guilty of a breach of privilege, and committed them also. Resolutions condemning these proceedings were passed by the lords ; conferences were held, and addresses pre sented to the queen. At length the queen came down and prorogued parliament, and thus put an end to the contest and to the imprison ment of the Aylesbury men and their counsel.
The question which was agitated at that time has never since arisen. The commons have continued to exercise the sole right of determining whether electors have had the right to vote while inquiring into the conflicting claims of candidates for seats in parliament, and specific modes for trying the right of election by the house have been pre scribal by strautes, and Its determination declared to be "final and conclusive In all subsequent elections, and to all Intent& and purposes whatsoever." Connected with the right of the commons to upon all matters relating to elections, may be mentioned their power over the eligibility of candidates. John Wilkes was expelled, in 1704, for being the author of • mildew libel. In the next parliament (February 3, 1769) he wu again expelled for another libel ; a new writ was orders! for the county of Middlesex, which he represented, and he was re elected without • °outset ; upon which it was resolved, on the 17th of February, " that haring been in this session ofparlament expelled this house, be was and la Incapable of being elected • member to serve in this present parliament" The election was declared void, but Mr. Wilkes was again elected, and his election was once more declared void, and another writ issued. A new expedient was now tried. Mr. Lut trell, then • member, accepted the Chiltern Hundreds, and stood against Mr. Wilkes at the election, and, being defeated, petitioned the house against the return of hi. opponent The house resolved that although a majority of the electors had voted for Mr. Wilkes, Mr. Luttrell ought to have been returned, and they amended the return accordingly. Against this proceeding the electors of Middlesex pre sented • petition, without effect, as the house declared that Mr. Luttrell was duly elected. The whole of these proceedings were severely con demned, and on the 3rd of May, 1782, the resolution of the 17th of February, 1709, was ordered to be expunged from the journals as "subversive of the rights of the whole body of elector, of this king dom." A resolution Kindler to that expunged bad been passed in the
ease of the unfortunate Hall, in 1580, as part of the ninny punishments Inflicted upon him, which we shall have occasion to mention.
Oarks.— The power of adruiniatering oaths exercised by the lords is not claimed by the House of Commons. They formerly endeavoured to attain the end supposed to be secured by the administration of an oath, by resorting to the authority of justices of the peace who hap pened to be members of their own body ; but all such expedients have long since been abandoned, and witnesses guilty of falsehood are punished by the house for a breach of privilege, not being amenable to the laws regarding perjury. Electiou committees have power by statute to administer oaths, and witnesses giving false evidence are guilty of perjury.
3. Pririkges.—Both houses of parliament possess various rights and privileges for the maintenance of their collective authority, and for the protection, convenience, and dignity of individual members. At the commencement of each parliament, the Speaker, on behalf of the commons, has "laid claim to them of the king" since the reign of Henry VII L, but they appear to have been always enjoyed with equal certainty before that time. Some of them have been subsequently confirmed, modified, and even abolished by acts of parliament, but the the Speaker remains unchanged, and prays for some which have been disallowed by law since the original form was adopted. Commitroent end Filta.—The power of commitment for contempt has always been exercised by both houses. It has been repeatedly brought under the cognisance of the courts, and allowed without question. Mr. Wynn, in his ' Argument,' states that there are up wards of one thousand cases of commitment by the House of Commons to be fouud in their Journals since 1547. Broaches of privilege com mitted in one session may be punished by commitment in another, as in the well-known case of Murray, in 1751-2, who was imprisoned in Nowgate for a libel until the end of the session, and on the next meet ing of parliament was again ordered to be committed ; but he had absconded in the meanwhile. Contempts of a former parliament may also be punished. The lords may commit for a definite period beyond the duration of the session of parliament; but a commitment by the commons holds good only until the close of the session.