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The New Hampshire Gazette And Historical Chronicle
Portsmouth, Greenland, Rockingham County, New Hampshire
What is this article about?
Historical account from 1704: Freemen of Aylesbury denied voting in parliamentary election; Lord Chief Justice Holt ordered officer's arrest, defying House of Commons interference and threatening the Speaker with imprisonment.
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In the reign of Queen Anne, in 1704, several Freemen of the Borough of Aylesbury had been refused the Liberty of voting at an Election for a member of Parliament, though they proved their Qualifications as such : The law in this Case imposes a Fine on the Returning Officer of 100 l. for every such Offence. On this Principle they applied to Ld. Ch. Jst. Holt, who ordered the Officer to be arrested. The House of Commons, alarmed at this step, made an order of their House to make it penal for either Judge, Council or Attorney, to assist at the trial ; however, the Ld. Chief Justice, and several Lawyers, were hardy enough to oppose this order, and brought it on in the King's Bench. The House, highly irritated at this contempt of their orders, sent a Serjeant at Arms for the Judge to appear before them : but that resolute defender of the Laws bade him, with a voice of authority. Be gone ! on which they sent a second message by their Speaker, attended by as many members as espoused the measure. After the Speaker had delivered his message, his Lordship replied to him in these remarkable words--
" Go back to your chair, Mr Speaker,
" within these five minutes or you may
" depend on't I'll send you to Newgate :
" You speak of your authority, but I tell
" you I sit here as an Interpreter of the
" laws, and a distributor of justice, and,
" were the whole House of Commons in
" your belly, I will not stir one foot."
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Foreign News Details
Primary Location
Aylesbury
Event Date
1704, Reign Of Queen Anne
Key Persons
Outcome
lord chief justice holt defied the house of commons, ordering the speaker to leave under threat of imprisonment in newgate.
Event Details
Several freemen of Aylesbury were refused voting rights at a 1704 parliamentary election despite qualifications. They applied to Lord Chief Justice Holt, who ordered the returning officer's arrest for the 100l fine. The House of Commons ordered penalties for judicial assistance, but Holt and lawyers proceeded in King's Bench. The House sent a serjeant-at-arms, then the Speaker with members; Holt rebuked the Speaker forcefully.