By this means the parlements took part in the administration, except in matters the cognisance of which was attributed to another supreme court as that of taxation was to the cours des aides. They could also, within the same limits, address injunctions {injunctions) to officials and individuals.
See La Roche-Flavin, Treize livres des parlements de France (1617); Felix Aubert, Histoire de parlement de Paris, des origines à Francois I. (2 vols., 1894); Ch. V. Langlois, Textes relatifs à l'histoire du parlement depuis les origines jusqu'en 1314 (1888); Guilhiermoz, Enquêtes et procès (1892); Glasson, Le Parlement de Paris, son rôle politique depuis le règne de Charles VII. jusqu'à la revolution (2 vols., 1901). (J. P. E.)
PARLIAMENT (Anglo-Lat. parliament um, Fr. parlement, from
parley, to speak), the name given to the supreme legislature of
the United Kingdom of Great Britain and Ireland. (For the
old French parlement, see Parlement; and for analogous
foreign assemblies see the articles on their respective countries.)
The word is found in English from the 13th century, first for a
debate, then for a formal conference, and for the great councils
of the Plantageiiet kings; and the modern sense has come to be
applied retrospectively. William the Conqueror is said in the
Chronicle to have had "very deep speech with his Witan ";
this " deep speech " (in Latin colloquium, in Frer.ch parlement)
was the distinguishing feature of a meeting between king and
people, and thus gave its name to the national assembly itself.
The Statute of Westminster (1275) first uses " parlement " of
the great council in England.
The British Parliament consists of the King (or Queen regnant), the Lords spiritual and temporal, and the Commons'; and it meets in two houses, the House of Lords (the Upper or Second chamber) and the House of Commons.
The Crown, pre-eminent in rank and dignity, is the legal source of parliamentary authority. The sovereign virtually appoints the lords spiritual, and all the peerages of the lords temporal havs been created by the Crown. The king summons parliament to meet, and prescribes the time and place of its meeting, prorogues and dissolves it, and commands the issue of writs for the election of members of the House of Commons. By several statutes, beginning with the 4 Edward III. c. 14, the annual meeting of parhament had been ordained; but these statutes, continually disregarded, were virtually repealed in the reigns of Charles II. and William and Mary (16 Ch. 11. 31; 6 & 7 Will. & Mary, 32). The present statute law merely exacts the meeting of parliament once in three years; but the annual voting of supplies has long since superseded obsolete statutes. When parliament is assembled it cannot proceed to business until the king has declared the causes of summons, in person or by commission; and though the veto of the Crown on legislation has long been obsolete, bills passed by the two houses only become law on receiving the royal assent.
The House of Lords is distinguished by peculiar dignities, privileges and jurisdictions. Peers individually enjoy the rank and precedence of their several dignities, and are hereditary councillors of the Crown. Collectively with the lords spiritual they form a permanent councO of the Crown; and, when assembled in parliament, they form the highest court of judicature in the realm, and are (in constitutional theory at all events) a co-equal branch of the legislature, without whose consent no laws can be made (see below, House of Lords Question). Their judicature is of various kinds, viz. for the trial of peers; for determining claims of peerage and offices of honour, under references from the Crown; for the trial of controverted elections of Scotch and Irish peers; for the final determination of appeals from courts in England, Scotland and Ireland; and lastly, for the trial of impeachments.
The House of Commons also has its own peculiar privileges
I and jurisdictions. Above all, it has the paramount right of
originating the imposition of all taxes, and the granting of
supplies for the service of the state. It has also enjoyed, from
early times, the right of determining all matters concerning the
Or rather, the representatives of the Commons (see Representation); but the terra has long been used for the deputies themselves collectively.
election of its own members, and their right to sit and vote in parliament. This right, however, has been greatly abridged, as, in 1868, the trial of controverted elections was transferred to the courts of law; but its jurisdiction in matters of election, not otherwise provided for by statute, is still retained intact. As part of this jurisdiction the house directs the Speaker to issue warrants to the clerk of the Crown to make out new writs for the election of members to fill up such vacancies as occur during the sitting of parliament.
Privileges of Parliament. — Both houses are in the enjoyment of certain privileges, designed to maintain their authority, independence and dignity. These privileges are founded mainly upon the law and custom of parliament, while some have been confirmed, and others abridged or abrogated by statute. The Lords rely entirely upon their inherent right, as having " a place and voice in parliament "; but, by a custom dating from the 6th Henry VIII., the Commons lay claim, by humble petition to the Crown at the commencement of every parliament, " to their ancient and undoubted rights and privileges." Each house has its separate rights and jurisdictions; but privileges properly so-called, being founded upon the law and custom of parliament, are common to both houses. Each house adjudges whether any breach of privilege has been committed, and punishes offenders by censure or commitment. This right of commitment is incontestably established, and it extends to the protection of officers of the house, lawfully and properly executing its orders, who are also empowered to call in the assistance of the civil power. The causes of such commitments cannot be inquired into by courts of law, nor can prisoners be admitted to bail. Breaches of privilege may be summarized as disobedience to any orders or rules of the house, indignities offered to its character or proceedings, assaults, insults, or libels upon members, or interference with officers of the house in discharge of their duty, or tampering with witnesses. Such offences are dealt with as con tempts, according to the circumstances of the respective cases, of which numerous precedents are to be found in the journals of both houses. The Lords may imprison for a fi.xed period, and impose fines; the Commons can only imprison generally, the commitment being concluded by the prorogation, and have long discontinued the imposition of fines.
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 freedom 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 elsewhere, 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 persons of members but their goods were protected, and their privilege extended to their servants. At present members are themselves 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 arrest at all times. Members of the House of Commons are free only for forty days after prorogation and forty days before the ne.xt appointed meeting; but prorogation's are so arranged as to ensure a continuance of the privilege. Formerly, even suits against members were stayed, but this offensive privilege has been abolished by statute. Exemption from attending as witnesses upon subpoena, once an acknowledged privilege, is no longer insisted upon; but immunity from service upon juries is at once an ancient privilege and a statutory right. The privilege of freedom from arrest is limited to civil causes, and has not been suffered to exempt members from the operation of the criminal law, nor even from commitments for contempt by other courts. But, whenever the freedom of a mem.ber is so interfered with, the courts are required immediately to inform the house of the causes of his commitment. Witnesses, suitors, counsel and agents in attendance upon parliament are protected from arrest and molestation, and from the consequences of statements made by them, or other proceedings in the conduct of their cases.
As both houses, in enforcing their privileges, are obliged to commit offenders or otherwise interfere with the liberty of the subject, the exercise of these privileges has naturally been called in question 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.
