DISAGREEMENT ON THE SUBJECT OF THE AYLESBURY CONSTABLES.

While the house of commons, in two successive addresses, thanked the queen for the treaty which the duke of Marlborough had concluded with Prussia concerning the troops to be sent to the duke of Savoy, and desired she would use her interest with the allies that they might next year furnish their complete proportions of men by sea and land; the lords examined into all the proceedings at sea and all the instructions of the admiralty, and presented an address to the queen, explaining all the different articles of mismanagement. She promised to consider them particularly, and give such directions upon them as might be most for the advantage of the public service. The remaining part of the session was consumed in disputes and altercations between the two houses on the subject of the Aylesbury constables, who were sued by five other inhabitants for having denied them the right of voting at the election. These five persons were committed to Newgate by order of the house of commons. They moved for a habeas-corpus in the King’s Bench, but the court would take no cognizance of the affair. Two of the prisoners petitioned the queen that their case might be brought before her majesty in parliament. The commons, in an address, besought the queen to refuse granting a writ of error in this case, which would tend to the overthrowing the undoubted rights and privileges of the commons of England. She assured them she would not do any thing to give them just cause of complaint, but this matter relating to the course of judicial proceedings being of the highest importance, she thought it necessary to weigh and consider very carefully what might be proper for her to do in a thing of so great concern. They voted all the lawyers, who had pleaded on the return of the habeas-corpus in behalf of the prisoners, guilty of a breach of privilege, and ordered them to be taken into custody. They likewise ordered the prisoners to be removed from Newgate into the custody of their serjeant-at-arms, lest they should have been discharged by the queen’s granting writs of error. The prisoners, finding themselves at the mercy of the exasperated commons, petitioned the lords for relief. The upper house passed six different resolutions against the conduct of the commons, as being an obstruction to justice, and contrary to Magna Charta. The lower house demanded a conference, in which they insisted upon the sole right of determining elections: they affirmed that they only could judge who had a right of voting, and that they were judges of their own privileges, in which the lords could not intermeddle.

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