8 er — GE — PIs MT ng ar 
. ; 2 r . s k —_ — WI — 


co . ro hae rt bh = — — | c EOS © tb F 
* 22 i ͤ—. ee nr 2 AA NG RR 
SS — I EEE eee ee — ee Ie «ð˙‚—— ˙ — En ne oe to === 
f . | 6 — — — — 
N 
, 7 
— 
? 
5 4 ” = 
1 
/ 
. : * : 
© 00 © 1 | 
s - | 3 
& es 2. 
— 
& 1 i 
"A " 8 | de 
O | Q — 
85 4 2 28238 
| | A - 
pd * - * S 
= . 
— © 
3 — ch - Aa 2 O 
1. | 3 ay 
M O 
* n 5 * f 
N 
a * [1 
, * 
f wn g p 
* 5 - 
* * * 
5 We 5 
5 I 4 3 — 
- * 


S 


T O 


THE RIGHT HONOURABLE 
JE RE MIAH DYSON, 
COFFERER TO HIS MAJESTY'S HOUSEHOLD, 


: - AND 


ONE OF HIS MAJESTY'S 
MOST HONOURABLE PRIVY COUNCIL, 
IHE FOLLOWING COLLECTION OF | 
CASES OF PRIVILEGE OF PARLIAMENT, 
A 
WITH THE MOST SINCERE RESPECT 
AND GRATITUDE, 


INSCRIBED, 


BY HIS FAITHFUL 


FRIEND AND SERVANT, — 


JOHN HATS ELI. 


— — 


| 
; 
- 15 
2 
” : 
bY : 
E | 
4 « : 
I : 
2 | 
. - 
* 
* [ 
3 
{? 
4 
. 
4 
: 
— 
” 
* 
* 
* 4 
ey 4 
12 — 
= * 
* 
* 
- 
\ 
Oo 
* 
j / 
4 
1 — 
43 
* 
A 
* 
: I 
* 
* 
- 
O% 4. 2 I 
I 
” * 
* — 
4 
f 
- \ 
© - 
a 2 1 ds —äa e —R 2 — —— —— — — — — —— — — . * er . M4 r Ron r. —— . — 
— — — — — — — eee 2 OR | = 7 — | — — 2 — — . — 
* * , : a 1 4 2 
8 1 en _ ny _ —_ »% — r * * — r 5 . > 
1 


— . 
— net NOPE ab. ME. iS 


PREFACE. 


HE following Caſes are part of a larger Col- 
lefion, extracted from the Journals of the Houſe 
of Commons, and other Parliamentary Records. 


The Compiler of theſe has always been of opinion, 
that the eaſieſt method of conveying to the Public the 


very uſeful information contained in thoſe voluminous 
Collections, is, to ſelect particular heads or titles; and, 


having brought together every thing that has any refe- 
rence to any of theſe heads, to digeſt the whole in a chro- 
nological order, and to publiſh it in a ſeparate volume. 
He has, upon this principle, ventured to ſend forth this 
work, relating to the Privilege of Members of the Houſe 


of Commons, only by way of ſpecimen, and as an exam- 


ple for thoſe who' may adopt this idea, and who may have 


more leiſure to purſue /o laborious an undertaking. 


1 The 


— — — - 
— ——— — DIP 06 — 


— — —— ' G——ůj—— — cnn 8 
* > 


vi SS M0 40.0. 


The Reader will not ſuppoſe, that the Obſervations 
upon the ſeveral Caſes are made with a view of declar- 
ing what the Law of Privilege is, in the inſtances to 
which thoſe Obſervations refer : they are deſigned merely 
70 draw the attention of the Reader to particular 
points, and, in ſome degree, t0 aſſiſt him in ant 
his own opinion upon that queſtion. 


This Work wil! be therefore confidered only in the 
light of an Index, or a Chronological Abridoment of 
the Caſes to be found upon this ſubject. The Pub- 
liſber cannot but ſuppoſe, that, notwithRanding his 
moſt accurate ſearch, many inſtances muſt have eſ- 
caped his obſervation; he has however endeavoured, 
with great diligence, to examine every Work, which 
he thought might contain any thing relating to this 
matter; and pretends to no other merit, than the 
having faithfully extracted, and publiſhed, what ap- 
peared to him * for the 3 of the 
Reader. . 


Perhaps ſome apology is neceſſary, for his having 
preſumed, without leave or any previous notice, to in- 
feribe this Collection to a Perſon, whoſe univerſal know-- 
| ledge upon all ſubjects, which relate to the Hiſtory of 
Parliament, will render this, and. every work of this 


fort, 


8 n n AGK vii 


fort, to him unneceſſary : But the Publiſher could not 
prevail upon himſelf to omit ſuch an opportunity of ex- 
preſſing to that Gentleman, and to the World, the very 
grateful ſenſe he entertains of that kindneſs and gene- 
rofity, which firſt placed him, even without any appli- 
cation on his part, in a ſituation, that has made it his 
duty to apply himſelf more particularly to the exami- 
nation of the Fournals of the Houſe of Commons, and 

zo fludies of a fumilar nature. 


The public character of that Gentleman, his com- 
HpPrebenſive knowledge, his acuteneſs of underſtanding, 
and inflexible integrity, are ſufficiently known and ac- 
knowledged by all the world : but it is only within the 
circle of a ſmall acquaintance, that he is admired as 
a man of polite learning and erudition, a moſt excel- 
tent father, and a moſt valuable friend; they only who 
have the pleaſure and advantage to know him inti- 
mately, know, that the warmth and benevolence of his 


heart, are equal to the clearneſs and ſagacity of his 
head, ST 


A very ill fiate of health has, at preſent, unfortu- 
nately withdrawn this Gentleman from the ſervice of 
the Public ; but all who remember his abilities in Par- 


b 2 liament, 


viii £22 4.0.2 


lament, will lament the loſs of that information, which 
his knowledge of the Hiſtory, and of the Laws and 
Conſtitution of this Country, enabled him to give, and 


which he was at all times ſo ready, in private as well. 


as public, to communicate. 


00 Nx 


CONTENTS. 


CHAT. FE 


FROM the earlieſt Records 70 the end of the 
Reign of Henry VIII. — — _ 
| CHAP. II. 
From the Reign of Henry VIII. 20 the end of the 
Reign al Queen Elizabeth — 5 
C H A P. II 


From the Acceſſi jon of James I. zo #08 end - & the 
Parliament of 1628 BE Bo: 


CH A p. IV. 
Appendix of Caſes between the Year 1 549 and 
the Year 1628 — — = 8 


5 CHAP. V. 
Conchufion = = RE 


FR 
7 
70 
MN 
*' 
100 
* 

j 

*. 
* 
5 
' 
bt 


. 
a 
1 31 
. 
wt 
A £ 

- $6 
5 
js 

A 

P 


> 
2 
O 
* 
I 


. 
— — —ͤ— — —ꝛ̃ —äͤ— 


4 GER ares ——— 87> 


—————— ꝛ—- et een nds dad. Moe 


——̃ ak.” ˙— a aa Laban Re 


NW Ry 


8 


F 


2 
© 
4 

2 

. 


1. 


1 


O 


„„ : — PO OO 


——— — 


— —ñ—3ĩ̃— 2 * N i ene 


1 mw S Ld a 3 
—ůä — —¼ P 2 2 — 
— 4 > 


rr ar Er en OO? 
N 4 
1 8 * a OE 


OI . a art a acid. So 


2 > , „ „ 


A . ee i” 


—_—  —  — 


— 


——ä—ñä— ——— — — — rs 15) 


— ͤ— , ̃⏑§˖⏑«ÜrñF¶ , ,, re ü.. ̃]«—¼⅜e , ¼ . —r⅛H . re oe 
* 1 — 


— —— 6 


COLLECTION OF 
P 
PRIVILEGE OF PARLIAMENT, 


FROM THE EARLIEST RECORDS TO THE YEAR 1628. 


CHAS. I. 


FROM THE FARLIEST RECORDS TO THE END OF TER 
REIGN OF HENRY VIII. 


S it is an eſſential part of the conſtitution of every 
court of judicature, and abſolutely neceſſary for 
the due execution of its powers, that perſons reſort- 
ing to ſuch courts, whether as judges or as parties, 
mould be intitled to certain Privileges to ſecure them from 
moleſtation during their attendance; it is more peculiarly 
eſſential to the Court of Parliament, the firſt and higheſt 
court in this kingdom, that the Members who compoſe it, 
ſhould not be prevented by trifling interruptions from their 
attendance on this important duty, but ſhould, for a cer- 
tain time, be excuſed from obeying any other call, not ſo 


B immediately 


1 
7 wg 


* — R ER 
r . ; ARS 


: n 
r 


1 
o 
1 
% 
4 
J 
f 
5 
* 15 
” ; 
"2 
$ 
4 
** 
2 
Ss. 
f 
v5 1 
. pA 


JT. 
es es EE IOC opt Ee 8 
— 8 ˙ A ontionge be. r t, 


= 
n 


3 . : 9 — 
een 


ne  * 
w_— 


1 


| * 
= — — OY er pots —TT—Q—ü— — —— — I r i 
gs FE I EY 


n [FEY 


n - ———.——— th. are 4 ot > 


PR 8 * * * 1 
— _ x — S % 
* 
” 
PT as ——ů — — 


Parliament; The Caſe of the Maſter of the Temple in 


2 From the earlieſt Records to the Chap. r. 


immediately neceſſary for the great ſervices of the nation: it 


has been therefore, upon theſe principles, always claimed 
and allowed, that the Members of both Houſes ſhould be, 


during their attendance in Parliament, exempted from ſeveral 


duties, and not conſidered as liable to ſome legal proceſſes, to 
which other citizens, not intruſted with this moſt valuable 
franchiſe, are by law obliged to pay obedience. 


What is the extent of theſe Privileges, and how long their 
duration, has been always uncertain, and frequently matter of 
diſpute ; nor are they even now ſettled, with reſpect to either 
of theſe points, except in thoſe particular inſtances where Acts 


of Parliament, or the Reſolutions of either Houſe of Par- 


liament, have aſcertained and defined them. The only method 


therefore of knowing what are the Privileges of Members 


of the Houſe of Commons, is to conſult the Records of that 


Houſe, and to ſearch into the hiſtory of Parliament for thoſe 


Caſes, where a Claim of Privilege has been made, and to ex- 
amine whether it has been admitted or refuſed. For this 
purpoſe, as the Journals of the Houſe of Commons are pre- 


ſerved no further back than from the firſt year of the reign 


of Edward VI, and are indeed but conciſe and imperfect till 
the time of James I, I have found it neceſſary to look 
into the Rolls of Parliament, and into other Records; and 
having extracted every Caſe that has occurred to me in this 
ſearch, I have here ſtated them at length, with ſuch obſerva- 
tions as have ſuggeſted themſelves to me on the circum 
ſtances of the particular Caſe. 


1. The firſt s that cited by Sir Edward Coke in the 
Fourth Inſtitute, page 24, under the title Privilege of 


the 


Chap. 1. Eud of the Reign of Henry VIII. 3 


the eighteenth year of Edward I, and is entered in the Roll 
of Petitions in P ee 18 nn 1* isn bo, : 
6 Mag r Militie Templi vote quod. 428 poli Epiſcapo 
Menevenſ' xxx5. redditus annui, & arrerag' x annorum, 
pro quadam domo in Lond' in qua non poteſt diſtrin- 
gere niſi tempore Parliamenti ; petit quod habeat heen- 
tiam diſtringendi tempore Parliamenti. 


© Reſh. Non videtur oneſtum q& Rex concedat quod 


A * N 


KA 


6 


* 


alio tempore diſtringat per hoſtia et — prout moris 
c eſt,” 


« Whereby,” ſays Sir Edward Coke, „it appeareth that a 

Member of the Parliament ſhall have Privilege of Parlia- 

« ment, not only for his ſervants, as is aforeſaid, but for 
4 his horſes, &c. or other ou diſtrainable.” 


2. The next Caſe is alſo Sead in the Fourth Inſtitute from 
18 Edward I, fol. 1. It is quoted at length in Prynn's 
Fourth Regiſter, p. 820, and in Ryley's Placita Parliamen- 
taria, p. 6, and is as follows+ : 


Prior Ecclefie ſancte Trinitatis London' & Bogo de Clare 


attach fuerunt ad reſpondend' Domino Regi, Petro de Chanet 


* Seneſcallo Domini Regis, Waltero de F anecurt Mareſcallo 


* It 1s remarkable that Prynn, in the that at laſt he has found it in the Trea- 
Fourth part of his Regiſter of Writs, p. 817, fury of the King” > Receipt in the Exche- 
and 1188, twice aſſerts, that after the molt quer. 
accurate ſearch no ſuch petition is to be + See Rotul. de Ann. 18 & Ar Fd. I. 
found; however, in his Animadverſions p. 17, 
on the Fourth Inſtitute, p. 18, he admits, 


B 2 Domini 


illi de Conſilio ſuo diſtringantur tempore Parliamenti, Set 


: 
| 1 
"1 
; 
* 
*; 1! 
3} 
q 
7 ad 
: 
F 
: . 
5 4 
* 
. +1 
n 
0 
Fi 
7 * 
N Fo 
C 


r . 
5 


1 — ö 77 w— Ty, 444 - 
s . 0 >. 4 — * nn * 1 4 
+ I 1 F; 8 4 * 1 . * Gy. 
” SG AY ET 1 p ett, % ” 33 wo 


* 


? 7 — r 


— * Ch 1 eee A — 
— n ", > n 1 3 ES ws es — — 
5 we ag <5 & . — ag =>, a So ar ord Sngoma rm i en 
—— 3 _ TW — 1 
— — => 


— 2c. ts 10 ere as, or ee 


* 3 — - 


* 
— 


apy. FOI, 


— — — AIG tet il ⏑ tr BE aw > — — 
wo 4 


r ̃ —˙» n 7” “ woe 3.0.» eh IS 3 40% 
* —_— —  w." * 
o 


* 


* 


4 From the earlief Records to the Chap. r. 


© Domini Regis, Edmundo. Comiti Cornub' & Abbati Weſtm⸗ 
de hoc, quod cum idem Comes, ad mandatum Domini Re- 


gis ad iſtud Parhamentum ſuum London' veniſſet, & per 
medium Majoris Aule Weſtm' verſus Conſilium Domini 
Regis tranſiſſet, ubi quilibet de regno & pace Domini 
« Regis licite & pacifice venire, & negotia ſua proſequi 


«« debet, abſque hoc q& aliquas citationes vel ſummoni- 


ce tiones ibidem admuttat,” predictus Prior, ad procurationem. 
< 1pſfius Bogonis, die Veneris proxima ante feſtum Purifica- 


© tionis beate Marie, hoc anno, predictum Comitem in pre- 
« difta Aula citavit qd compareret ad certos diem. & locum 


© coram Archiepiſcopo Cantuar' ſuper ſibi objiciend reſponſ? 


in contemptum Domini Regis manifeſtum, & dedecus ſuum 


decem mille libr' & in leſionem libertatis Eccleſie predicti 
Abbatis, conceſſe per Curiam Romanam, cum predictus 
Locus omnino ſit exemptus a juriſdictione Archiepiſcopo- 
rum, ſeu Epiſcoporum quorumcumque, per Libertates ſibi 
& Eccleſie ſue Weſtm' conceſſas, et ad dampnum ipſius 
* Abbatis mille librarum, et in prejudicium officii predictorum 
© Seneſcalli & Mareſcalli manifeſtum, & dampnum non mo- 
dicum, cum ad. ipſorum officium, & non ad alium, ſum- 
* monitiones & attachiamenta infra Palacium Domini Regis 

* pertineat faciend'; et etiam ad dampnum predicti Comitis 

« quinque Mille libr' ;. et inde producunt ſectam, &c. 

Et Prior & Bogo ven' & Prior bene cognoſcit, quod 


_« ipſe citavit, predictis die & loco, predictum Comitem, ut 


predictum eſt; et ſimiliter predictus Bogo bene cognoſcit, 
quod ipſe fecit citare predictum, Comitem, ut predictum 


eſt; ſet dicit quod ipſe omnino ignoravit quod predictus 


Locus fuit exemptus, et quod non intellexit aliquem con- 
£ temptum Domino Regi, ſeu aliquod Prejudicium ejus Mi- 
« niſtris,, per citationem illam feciſſe; et omnino ponit ſe 

| = in 


Chap. 1. End of the Reign of Henry VIII. 5 
in gratiam, miſericordiam, & voluntatem Domini Regis 
alto & baſſo. 
Et quia predicti Prior & Bogo cognoſcunt predictam cita- 
tionem predictis die & loco per ipſos fuiſſe factam; et que 
manifeſte facta fuit in contemptum Domini Regis; Con- 
ſideratum eſt, quod predicti Prior & Bogo mandentur Turri 
London' & ibidem cuſtodiantur ad voluntatem Domini Re- 
* gis &c. Et quoad predictos Com' & Abbatem, datus eſt 
« dies eis die Veneris in craſtino Purificationis beate Marie &c. 
Piooſtea predictus Bogo invenit pleg' ſubſcriptos, ad ſatiſ- 
© faciend' Domino Regi de predicta Tranſgreſſione ante re- 
ceſſum ſuum de Weſtm' de inſtanti Parliamento, alioquin 
quod ipſi reſtituent Corpus ejus Turri London' in receſſu 
Domini Regis; ſcilicet, Johannem de Eyuille, Henricum 
Hoſe &c. &c. qui ipſum plegiaverunt in forma predicta. 
Et predictus Prior invenit pleg” ſubſcriptos, ſcilicet, 
Robertum de Melkele &c. &c. qui ipſum Priorem. pleg' 
* ſub eadem forma qua predict: Johannes de Eyuille, et alii 
ſuperius, predictum Bogonem pleg'. Poſtea venit predictus 
Bogo, & finem fecit Domino Regi pro predicta Tranſ-- 
greſſione per ... . . mille marcas, et recipitur per pleg', &c. 
Et quoad predictum Com' poſtea venit predictus Bogo, 
& vad' eidem Comiti mille libr' pro Tranſgr' ſibi facta; et 
idem Comes ad inſtantiam Epiſcopi Dunelm', Epiſcopi 
- Elienſ', & aliorum de Conſilio ipſius Domini Regis, remiſit 
eidem Bogoni pred' mille libr uſque ad centum libr* & c. 
Et Sciend' quod Plegu de predicto Fine admittuntur 
coram Theſ' ad Scaccarium, per preceptum Domini Regis; 
et predictus Prior mittitur ibidem ad faciend' ſecundum: 
« quod Theſ' ei dicet ex parte Domini Regis &c. 


Q 


* N K 


Q 


a ba 


* 


K aA AG 


* 


* (Duas) in Ryley's Placita Parliamentaria. 


This 


* ** 
— i 


cn —— N . — 5 3 >» 9 4 5 0 — * » 2 R 2 — 
fin” EC c es 5a . * * — Ty *. , Sr * 2 * * 
a+ "5A 4 8 r . ® r WIE pe Reg * 2 -S * __ Sd . — — ws 8 * DES naw Di 2 — —— : C v0 , 
I LT TE Ls 2 owe al ² ů IAA aaa ts Wo mW. 2 8 2 — 8 * 


— 


. 0 * N — 8 
„ Re Ts Yon ef 
— 
» 


— — * 
7 D 


* 1 Po EC? — 


* 
— 222 
1 


4 K 1 
„ „ eee PERO 


— 
ww 


———— 


6 
N . . „ 


——_ * 
— —— Gb —————kꝛ mb 2 — BS —— Mr nes 53 


— p OP we EO Coe ile RARE i du 7 ere Fo "x 
— — — — —— 2 — 
. 


3 


5 From the earlieſt Records to the Chap. 1. 


This Record does not appear to me to warrant the con- 
cluſion Sir Edward Coke draws from it, viz. © That the 
% ſame Privilege holdeth in caſe of Subpœnæ, or other pro- 
4 ceſs out of any Court of Equity.” The contempt in this 
Caſe ſeems to have been not ſo much in breach of the Pri- 
vilege of Parliament, as that the citation was ſerved in the 
King's palace, and in a. privileged place belonging to the 


| Abbot of Weſtminſter, contrary to the rights of the King's 


ſervants, the Lord Steward and Lord Marſhal, and of the 
faid Abbot. And Prynn's obſervations upon it in the 
Fourth Regiſter, P. 822, are in my 118 25 ſenſible and well 
founded *. 


3. The third precedent cited by Sir Edward Coke, is that 
of Writs of Superſedeas iſſued to the Juſtices of Aſſize in 
favour of Members of Parliament. The writs are at length 
in the Fourth Regiſter, p. 834, and in the Appendix to 
Ryley's Placita Parliamentaria, p. 551, and are as follows Þ : 


« Clauf. 8 Ed. II. Memb. 22. dorſo. 
Rex dilectis & fidelibus ſuis Henrico Spigurnel, &c. 
Juſtictarus ad Aſſiſas, Juratas, et Certificaciones, in Co- 
mitatibus Kancie, Surr', & Suſſex, Salutem. Cum nuper 
Parliamentum noſtrum, ob certa & ardua negocia Nos 
et ſtatum Regni noſtri contingencia, apud Weſtm' die 


KR «a 


= 


„It has been very properly hed 
to me, that in differing from ſo great an 
authority as Sir Edward Coke, one ſhould 
ſpeak with diffidence; eſpecially in mat- 
ters in themſelves obſcure, on account of 
their remoteneſs from the preſent times.— 
J have always endeavoured to do ſo, 

There is a very ſimilar caſe quoted in 


the Fourth wt P- 1189, of a Cita- 


tion ſerved in the 8th year of Edward II. 
on Joan de Barro, Counteſs of Warren, 


at that time reſident in the King's palace. 


The Record at large, and Prynn's obſer- 


vations upon it, are worth conſulting. 


+ See Appendix ad Rotulos Parlia- 
menti, temp. Ed. II. p. 449. 


Chap. 1. End of the Reign of Henry VIII, 7 


© Lune in octabis Sancti Hillarii proximo futuri, tenendum 
fecerimus ſummoneri; ac Prelatis, Comitibus, Baronibus, 
* & aliis quampluribus fidelibus noſtris” per Brevia noſtra ſpe- 
cialiter mandaverimus, quod, omnibus aliis pretermiſſis, 
© diftis die & loco in Parliamento predicto perſonaliter inter- 
„ fint, Nobiſcum & aliis de Conſilio noſtro tunc ibidem ex- 
iſtentibus ſuper dictis negocus tractaturi, et ſuum Conſilium 
impenſuri: Nos indempnitati Prelatorum, Comitum, Ba- 
ronum, & aliorum fidelium noſtrorum, qui ad dictum Par- 


liamentum taliter ad mandatum noſtrum ſunt venturi, vo- 


* lentes proſpicere, ut tenemur, ne per eorum abſenciam, 
dum fic in dicto Parliamento ſteterint, exheredacionem ali- 
quam ſuſtineant, aliqualiter vel incurrant, vobis manda- 
mus, quod captionibus Aſſiſarum, Juratarum, & Certifica- 
tionum aliquem Prelatorum, Comitum, Baronum, & alio- 
«© rum fidelium noſtrorum, quem vobis conſtiterit de man- 
dato noſtro predicto ad dictum Parliamentum venire, tan- 


* gentium ſuperſedeatis, durante Parliamento ſupradicto. 


'© Teſte Rege, apud Langele, xv* die Januarii. 
Eodem modo mandatum eſt Juſticiariis ad Aſſiſas, Jura- 
tas, & Certificaciones, in ſingulis Comitatibus Anglie ca- 


« piendas aſſignatis. 


a Ibidem, m. 33. dorſo. 
Rex dilectis & fidelibus ſuis Willielmo de Ormelby, & 


N 


* dempnitati illorum, qui ad preſens Parliamentum noſtrum 
* uſque Eborum ad ſummonicionem noſtram perſonaliter 
venerunt, & ſimiliter aliorum qui 1bidem per preceptum 
* noſtrum moram faciunt, proſpicere volentes, preſertim cum 

« abſentes 


Q 


Roberto de Maddingle, Juſticiariis ad Aſſiſas in Comita- 
tibus Norff' & Suff' capiendas aſſignatis, Salutem. In- 


'Y 
2 
F 
$ 
** 
1 
bet 
, 
a 
$] 
x 
”" 
+1 
+1 
y 
& Vs 
11 
z 
be! 
1 
140 
1 
bt 
45) 
+3 
Ai) 
1 
8H 
24 
13 
* 1 * 
i 


\ 
Til 
1 
1 

. 


— 


* 


1 ww » ELIE . — — 
” * 
—— 2 2 ab tn ne) —— 6: r 508 Vt rs Bt. ag; 
> 


—_—_ — conan > w p 
” 
44 


—_ 


fret WA gc. 
a 


——̃ — —— 
— — — z p - g . 
* We — A — — — Gee, 
. * — 
" * <= 
— — 


— 22 re 2 2 AA 
2 S 33 : 


8 From the earlieſt Records to the Chap. I, 


* 


abſentes jura ſua defendere nequeant ut preſentes ; vobis 
mandamus, quod ad aliquas Aſſiſas illos qui ad Parliamen- 
tum noſtrum predictum ad ſummonicionem noſtram vene- 
< runt, ac alios qui ibidem per preceptum noſtrum ut pre- 
mittitur moram trahunt, vel eorum alquem, tangentes 
capiendas, eodem Parliamento durante, minime procedatis. 
< Teſte Rege, apud Eborum, xii' die Septembris. 

Eodem modo mandatum eſt Lamberto de Trykyngham, 


ry 


* 


<4 & Johanni Chaynel, Juſticiariis ad Aſſiſas in Comitatu 


* 


Lincolnie capiendas aſſignatis, de verbo ad verbum. Teſte 
ut ſupra. 
s Per you Regem & Conſilium.” 


It is very remarkable what Mr. Prynn obſerves, that theſe 
two precedents of General Writs of Superſedeas are ſin- 


gular, there being none of this kind extant on record before 
or ſince this 8th year of Edward II. — And they are the more 


extraordinary, as it is 150 years before the Houſe of Com- 
mons appear to have claimed a Privilege of not being im- 
pleaded during the fitting of Parliament x. 


Theſe writs were certainly iſſued upon thoſe very rational 
principles, to which I have before alluded, That the attend- 
« ance on Parliament ought not to be interrupted by the 
«« proceſs of any inferior Court in matters of Civil Juriſ- 
« diction ;” a maxim that muſt have been coeval with the ex- 
iſtence of Parliaments, and which muſt by ſome method or 
other have been always adhered to and enforced. 


* How far the diſtinction made in the other 3 and perſonal action, is true, 


Fourth Regiſter, p. 836, (quod vide) be- I leave to abler lawyers than Jam to de- 


tween Captions, ſworn Aſſizes, and any termine. 


= The 


As 


Chap. 1. End of the Reign of Henry VIII. 9 


4. The next and laſt Caſe produced by Sir Edward Coke, 


is thus cited from the Patent Rolls in the Tower, of 10 Ed- 
ward III. Mem. 23, in the Fourth Regiſter, p. 829. 


Rex omnibus Ballivis et Fidelibus ſuis ad quos &c. 
< Salutem. Sciatis, quod cum Curiz noſtre, in quibus ne- 
gotia Regni noſtri deducuntur ubiq; adeo liberæ fint et 
* exemptz, et a tempore quo non extat memoria liberæ et 
exemptæ fuerint, quod nec aliqua Forum Eccleſiaſticum 
« concernentia in eiſdem Curus noſtris fieri ſeu exequi, nec 
« aliqui eaſdem Curias noſtras ad aliqua Forum Eccleſiaſ- 
ticum contingentia faciendum vel exequendum ingredi de- 
beant vel conſueverint aliquibus temporibus retroactis : ac 
Magiſter Henricus de Harewedon, Clericus, Edmundus de 


* Lewkenore, et Johannes de Wedlingburgh, de eo quod 


< ipfi nuper in Cancellaria noſtra in præſentia venerabilis 
Patris J. Cantuarienſis Archiepiſcopi Cancellarii noſtri 
« quaſdam citationes ſive monitiones dilecto Clerico noſtro 
Magiſtro Johanni de Thoreſby, nec non, provocationes, 
* appellationes et inſtrumenta publica ſuper citationibus 
£ ſeu monitionibus prædictis, in noſtri contemptum et co- 
ronæ noſtre, ac Regiæ dignitatis noſtræ præjudicium, et 
contra libertatem et exemptionem prædictas fecerunt, per 
* inquiſitionem in quam fe inde in Curia noſtra coram dicto 


Cancellario noſtro et aliis de Concilio noſtro poſuerunt, 


convicti fuiſſent, et ea occaſione priſonæ noſtræ manci- 
pati, in eadem ad voluntatem noſtram moraturi: Nos 


de gratia noſtra ſpeciali, ad requiſitionem Philippæ Re- 


« ginz Angliæ Conſortis noſtræ chariſſimæ, perdonavimus 
eiſdem Henrico, Edmundo, et Johanni impriſonamentum 
prædictum, ita tamen quod nobis ſatisfaciant de redemp- 
tione ſua occaſione præmiſſorum, et quod ſuper citationi- 


C | bus, 


— * Wee. 
I anc 


Faw of oe I. * 

2 - — 
rr 
Tr, 


* vF ** * 
3 
— 2 de” 
* Woes > 
74 — mn — 


g 
f 
bY: 
1 


[7 
| 

| 
1 
5 


3 


— —— — — 
. r * þ 


* l _ 
—_— — — I 
© 4 - TAE W 2 . n „ as 
C4 Gee 7 et 7 Wet ww ett 7 A vc E A a — - - 
2 < = — — — N ws 
— —— * oh — — Me 64. ature —-„VT— —_ * um, — 
— wr 0 — mr 92 — — wi een eeoeue dj * 
<> * . 


— — 


— 


— — ů ů 
— —ͤ 


* 
* 
— Ü— ee 


— 22 
5 n 
. . 


2 NE on i ee 
* —— 2 ͤ 


— . 
—— — 


—— K —2— 


a 


—— 
. —— tb RA oe 
—— — :. 


— 
— ee 
hte 


— 2 * 

46” 4 wt LO —— 

FS „ 2 * 1 1 oa 
—— * — 


—— 


mo ͤ wVO! 44. ic oo 
teat CH 
. 


——— — 


— by 
* . 


* 
——— 2 
oor: ne 


3 2 HEX Pens. 
— 


" * 
* ai Fee 1 —— ad BI 233 SY WEI"; OR 
" ——— — —Uꝓ E = ps — - 
* EY 2 * 4 g 
0 anew ett 1 .. — — — 
— 4 — 


Rn 


—— — ̃ͥ - ot 


a — — 
. 
— — — * 

x —— On Oy I OO - 


U— — T E ̃ — 
ws Kong 4 
— EO 


10 From the earlieft Records to the Chap. 1. 


bus, monitionibus, provocationibus, appellationibus, ſeu 
inſtrumentis prædictis in dicta Cancellaria noſtra ſic factis 
proceſſum aliquem non faciant, nec quicquam, quod in 
* noſtri vel juris coronæ noſtræ præjudicium cedere poſſit, 
attemptent vel attemptari faciant de cætero quovis- modo. 
In cujus &c. Teſte Rege apud Turrim London. 15 die 
Aprilis. 

Per ipſum Regem.“ 


«a 


A 


To which there is this additional memorandum ſubjoined 
in the Patent Roll: 


© Be Mem que Radulphus de Upton &c. &c. vene- 
© runt in Cancellariam Regis apud Novum Templum Lon- 
don. 21 die Aprilis anno prædicto, et manuceperunt, viz. 
« quilibet eorum corpus pro corpore pro prædicto, Ma- 
* piſtro Henrico de ſatisfaciendo Regi de redemptione præ- 
dicta quandocunque Regi placuerit. Et quod idem Hen- 
ricus proceſſum aliquem non faciat ſuper citationibus, pro- 
vocationibus, appellationibus, ſeu inſtrumentis prædictis, 
nec quicquam, quod in juris coronæ Regis præjudicium 
cedere poterit, attemptabit, vel attemptari faciet ſub peri- 
culo quod incumbit. 


It will certainly be very difficult for the moſt attentive 
reader of this Caſe to gueſs in what manner it is tlie leaſt 
applicable to the Privileges of either Houſe of Parliament: 
The only crime of Henry de Hareweden, and the others, 
ſeems to have been ſerving Eccleſiaſtical Proceſs in the 
Court of Chancery, in breach of the known liberties and 
exemptions of the King's Courts. Sir Edward Coke how- 
ever, in order to bring it within the ſubject of which he is 

treating, 


Chap. 1. End of the Reign of Henry VIII. -: a 


treating, ſubjoins a note in the margin“, That this 


% Thoreſby was then Clerk of the Parlament, but does 


not refer to any hiftory or record to prove the truth of this 
anecdote. Prynn, in the Fourth Regiſter, p. 830, poſitively 
denies it ; but even admitting that he was ſo, the puniſhment 
inflicted upon the offenders does not ſeem to have been for any 
breach of the Privilege of Parliament, which is not ſo much 
as hinted at, but for their open contempt and violation of 
the franchiſes of the Court of pa 


Theſe are all the Caſes which Sir Edad Coke produces 


under the title of Privilege of Parliament.“ What au- 


thority they will have, or how far they are applicable, to 


prove the exiſtence of any Privilege now claimed by 
Members of the Houſe of Commons, muſt be left to the 
judgment of the reader. It would be very unbecoming in 
me to pretend to offer my opinion againſt that of this great 
Oracle of the Law; I can therefore only refer to Prynn's 
Animadverſions on the Fourth Inſtitute, and to the Fourth 
Part of the Regiſter of Writs, where there will be found a 


very laboured collection of arguments on the other ſide of 
the queſtion. 


5. There is a Record cited in Prynn's Animadverſions, 
p. 20, relative to this ſubject, and prior in point of time to 
the laſt Caſe of Sir Edward Coke; it is an original Writ of 


the ninth Vear of Edward II. found in the White Tower 
chapel; and is as follows: 5 


1 Qu. Whether this Marginal Note 1s Sir Edward Coke's or fome eee 
Editor 8 


8 Edwardus 


OE 
ww S ©. mace 


3 
1 
— 
1 
* 7 
* 
©] 
ö 4 
4 } 
1 
i 
fl 
M4 
a; 
14 
Fi 
(4 
1 
: 4 
Bp 
an 
& 
x 
1 
0 
* 
* 
: 
75 
& 


2221 5 L 
: Y 


An pdt 


" 
K 4 - 
- . . Fry _ 


I2 From the earlieſt Records to the Chap. r. 


© Edwardus Dei gratia Rex Angliz &c. Vice Comiti Ebo-- 
rum, Salutem. Pone per vadium & falvos pleg. Walterum 
le Flemmyng, &c. &c. quod ſint coram nobis a die Paſ- 
chæ in tres ſeptimanas ubicunque tunc fuerimus in Anglia, 
oſtenſ. quare, cum ad Parhamenta, in quibus tam noſtri 
quam regni noſtri negotia debent pertractari, Prelatos, Co- 
mites, Barones, & alios tam Clericos quam Laicos, per 


* 


* 


N 


< quorum induſtriam ſuper negotio hujuſmodi conſilium ſa- 


* 


lubrius poterit adhiberi, ad mandata noſtra vocatos et com- 
« parentes, © in veniendo ad eadem Parliamenta, ibidem mo- 
« rando, et exinde redeundo,” ab omnimodis injuriis, op- 
preſſionibus et gravaminibus nos oportet protegere et tueri; 
« prefati Walterus &c. &c. dilectum nobis in Chriſto Pri- 


orem de Malton, nuper de Parhamento noſtro quod apud 
Lincoln in quindena S. Hillarii prox. præterita ſummoneri 
fec. ad propria redeuntem, in civitate noſtra Eborum per 


* equos et herneſia ſua, quo minus idem Prior quaſdam. | 


« cartas et quædam munimenta, hereditatem Willielmi de 


Veſci jam defuncti contingentia, et in cuſtodia gjuſdem 


© Prioris apud Malton reſidentia, prout ſibi per nos in Par- 
liamento prædicto plenius fuerat injunctum, deferre po- 
« tuiſſet, arreſtarunt et ſub arreſto diu detinuerunt, in noſtr?; 
contemptum, et coronæ noſtræ prejudicium, ac dampnum 
ipſius Prioris ducentas libr. et contra pacem noſtram. Et 
* habeas ibi nomina pleg. et hoc breve. Teſte Meipſo apud 
* Lincoln 22 die Feb. anno reg, noſt. 9e. 
Per Conſilium. 


Mr. Prynn adds, that he never was able to find what 
Judgment was given for the Kang. or Prior upon this 
Writ. 


6. In 


1 
1 
2 
[2 
2 
* 
be. 
. 
1 
4 
F- 
b 
4 
. K 
181 
bs <2 
e 
<> 
© 
Ro 
AY 
+ 8 
*f 
: 
: = 
> ; 
1 
1 
% 4 
£88 
1,8 
77 
3 
1 
"= 
#8 
1" 
1 
-» 2-8 
"* 
1 
4 
4 
by 


6. In the Parliament of the fifth year of Henry IV. 


there was a petition from the Commons to the Kang, 


tranſlated by Elſynge *, but thus entered at large on the 
Parliament Roll + ; 


Item priont les Communes, 4 come *© ſolone la cuſ- 
« tume de Rotalme,” Seigneurs, Chivalers, Citezeins & 


Burgeiſes, a voz Parlementz de Fre commandement “ ve- 


« nantz, illeoqes demurrantz, & a lour propres retour--. 
« nantz,” & lour hommes & ſervantz ove eux en le dit 
Parlement“ deſoutz Fre eſpeciale protection & defenſe, ne. 


devoient pur aſcun dette, accompt, treſpas, ou autre con- 
tract ꝗᷓconque, eſtre areſtuz, ou en aſcun manere empri- 


« ſonez en le meſne temps; & ja ſoit enſy q ſovent foitz. 


pluſours de autiels hommes venantz. a voz Parlementz, & 


A 


La 


« enſy areſtuz furent de Parlement, ou des hommes & ſer- 


* vantz d'iceux de Parlement, come eſt dit; en contempt de 


vous, grande damage de partie, & retardacion des be- 


„ ſoignes de vos Parlementz: Pleiſe eſtablier, q̃ fi aſcun 
deſore en avaunt face areſter aſcun tiel homme venant al 
Parlement, come eſt dit, ou aſcun de lour hommes & ſer- 
vantz en le dit Parlement, ove eux demurantz durant le 
dit Parlement, ou aſcun choſe attempte enconter la cuſtume, 


6 


N 


face fyn et ranceon a vous, & rende al partie greve ſes da- 
mages a treble. 


KReſponſio. Y. ad ſufficient remede en le cas. 


A 


What this ſufficient remedy was does not appear; Elſynge, 


arguing from the Caſe of the Earl of Cornwall mentioned 


Page 186, + Page 541. bef 
before, 


Chap. 1. End of the Reign of Henry VIII. 13 


autres lour hommes & ſervantz durant le dit Parlement, 
ont eſte areſtuz par ceux q' ont eu plein coniſance qᷓ ceux 


$1 
1 
IS 

FP 
1 

\ 

. 

*. 


3 „ 1 
r 0 


. . 1 4h Aga 
. 1 ar ie ²˙ w ˙ rt hp BO nottones, 


—_ 


. r 
gore RO EW ner hb 


MS new 


9 


U—h— — — nan * * 
— Wa + — — 


2 — 


— — — — — 
P aa — 
* * ” N — g — Doo 2 5 — 


—— * 
—— 3 3 


—— — — 
— 2 ́ — —— 
— RT 


panes energy” ns nn 


* 


* — 4 * * 
is 2 2 — < 


a. 
You BP cs oo 


{& 
: 
*f 


— — — 
. 


» — . 
— — , — * 
+ 2 


- . x . 
4 ” — 5 
— D- * 4 
— We * * 
4 —— — 

a 2 —ͤ—KA on Rr ˙ UA 

Se uy — 46% > 2 — 

1 


nf 


14 From the earlieſt Records to the 


Chap. 1. 


before, N*. 2, ſuppoſes that as the law then ſtood, the 


66 


cc 


46 


cc 


ce 


_ 


4 6 


ce 


cc 


66 


party contemning the Privilege of Parliament was to be 
committed to priſon, to make fine and ranſom to the 
King, to render to the party grieved ſuch damages as the 
Lords of the Parliament ſhall award; and to anſwer the 
King's Steward and Marſhal, if the contempt be within 
the Verge, for the wrong done to them; which (ſays he) 
is a greater puniſhment than the Commons required; and 
happily they knew it not; but this being an antient cuſ- 
tom, and due by preſcription, the Lords thought 1t more 
honourable to retain it than to enact a new law,” p. 187. 


This interpretation of the anſwer appears to me extra- 


ordinary, and not fo probable as what Prynn ſuppoſes in the 


Fourth Regiſter, p. 725, That the King refuſed to grant 


cc 


.CC 


CC 


6 


cc 


cc 


4 6 


cc 


«Cc 


cc 


cc 


6 


this their petition or paſs it into a future ſtanding law, 
becauſe he reputed the penalties in it againſt ſuch as ar- 


cc 


reſted any Members or their Servants by legal proceſs, 
though knowing them to be ſuch by fine and ranſom to 
himſelf, and treble damages to the party,” to be overharſh 
and penal, againſt ſuch who had juſt cauſe. of action 
againſt them, and a means to obſtruct the free courſe of 
the common law and juſtice ; their prevention of arreſts or 
enlargement by a Writ of Privilege or Habeas Corpus, 
which the law allowed them in ſuch caſes, (if not in exe- 
cution,) being a ſufficient remedy, whereby the proſecutor 
loſt the benefit of his arreſt, and was put to the charge of 
new proceſs without any arreſt, during the ſeſſion.” 


I do not however agree with Mr. Prynn in ſuppoſing that 


this petition was grounded on a violent aſſault which was 
made, during the fitting of this Parliament, on one Richard 


— 


4 

*. 

9 

7 

4 

N 
1 
5 
2 1 
181 
KY 
N 


Chap. 1. End of the Reign of Henry VIII. 1 5 


Chedder, a menial ſervant attending upon Sir Thomas Brooke, 
one of the Knights for the county of Somerſet; the ſubject- 
matter of it is totally different, and complains only of Ar- 
reſts or Impriſonment by virtue of legal proceſs in Actions 
of Debt, Account, Treſpaſs, or other Contract; and beſides 
in Chedder's Caſe there was a particular petition of the 
Commons in his behalf, which ſtates a very different offence, 
and prays a very different remedy. 


7. It 18 as follows 2 


Rot. Parl. 5. Hen. IV. N*. 78 *. 

© Item priont les Communes, 4 come toutz les Seigneur * 
Chivalers, Citezeins, & Burgeis, ove lour ſervantz venantz 
* a Parlement, p brief le Roy, en venant, demurant, & 
«« retournant” ils ſont ſoutz voſtre protection Roiall, & plu- 
ſours meſchiefs & diſeaſes ſovent aveignont as ditz Seig- | 
* neurs, Chivalers, Citeins, Burgeys, & lour ſervantz mey- 
nales, en temps avan dit, come p murdre, maheymes, & 
bateries ꝑ gentz giſantz en agaite, ou autrement, dount 
due remedie n'eſt unqore purveu ; & noment en eſpal en 
« ceft preſent Parlement de le orrible baterie & malfait q eſt 
fait a Richard Cheddre, Eſquier, q fuiſt venuz a y ceſt 
« preſent Parlement oveſq Sire Thomas Brook, Chivaler, un 


des Chivalers pur le Courte de Somers & meynall' ove luy, 


© par Johan. Salage, autrement appelle Savage, dount Vavant 


dit Richard Cheddre eſt emblemiz et mahemiz, & tout ſar 


le peril de mort : qe pleiſe ordeiner remedie ſur ceſte ma- 
tire, ſuffiſant remedie, & pur autres tieux caſes ſemblables 
« enſi,” q le puniſſement de luy purra doner enſample & 


K 


Page 542. 
terrour 


2 . 
* > 
— — — 1 
— {vx — 4 


— Roe — 
— — — 2 — 


—— 2 — 


1 — 0 + ; Wy 


4c * 2 33 a8" * 4 * * 
* 
1 * 
a 
rr * - : : — * 
—— — "a64 Oct - 
ax — —_ ——— £an8 1 de SSE v8 . on — 


e r — 
PPP A EE EE ney 4. 


—— of Wie eh en —— — 
— 
2 "RR 4 


ene ">, - - C — — * a 8 - = 
— I— — 
— Cn nn 


—— 
* — 


— — — —— — — 
Py GI 1 
—.— — — 
— 
1 


a __ 
— 8 3 
—ę—ũUö—ĩũ — ——— ͤ ͤ—1EVv—— 
- — — 
. * OY — 


16 From the earlieſt Records to the Chap. 1. 
terrour a autres d'enſi malefaire en temps avenir; C'eſt 
* aſſaver, qᷓ fi aſcune tue ou murdre aſcun q' eſt venuz ency 
ſoutz Fre protection al Parlement, q'il ſoit ajugge Treſon, 
E& ft aſcun maheyme ou disfigure aſcun tiel enſi venuz 
ſouth protection, q'il pde fa mayn. Et fi aucun naufre ou 
bate aſcun de tieux enſy venuz, q'il eit la priſone d'un an, 
& fyn & raunſon a Roy: Et ꝗqᷓ vous pleiſe de Fre grace 
eſpecial deſore en avant de vous abſtiner des cHres de pardon 
en tiel cas, ſaunz ceo q les parties ſoient pleinement ac- 
« cordez. e Is D 

* Reſponſio. Pur ceo q̃ le fait feuſt fait deinz le temps de 
ceſt Parlement, ſort fait proclamation la ou le dit fait ſe fiſt, 


* 5 Johan. Sallage deinz eſcript appierge & ſoi rende en Bank 


* le Roy deinz un quarter d'un an apres la proclamation faite. 
Et s'il ne le face, ſoit le dit Johan. atteint de le fait ſuiſdit, 
& paie au partie endamagee ſes damages, au double, a 
* taxer p diſcretion des Juges du dit Bank pur le temps 
« efteantz, ou þ Enqueſt, sil emboſoigne, & face fyn & 
* raunceon a volunte du Roy. Et ſemblablement ſoit fart 
« en temps a vener en cas ſemblable. 

The concluſion of this anſwer with reſpeCt to ſimilar 
«« Caſes in time to come,” certainly made this a general law, 


and fo it is conſidered by all the writers who have men- 


tioned this Caſe, and 1s accordingly entered on the Statute 
Roll, 5 Hen. IV. ch. 6, and continues a ſubſiſting law at 
this day. No notice is taken in the anſwer, of the very 
rigorous puniſhments prayed for by the Commons againſt ſuch 
as make the aſſault, or maim, &c. it being thought perhaps, 
that, as in the former Caſe, the preſent remedy was ſufficient, 
and therefore no new puniſhment is created by this law for 
theſe offences ; it only gives a remedy to compel the perſon 
Senn complained 


Chap. 1. End of the Reign of Henry VIII. 17 


complained of to appear, then to be dealt with according to 
the law as it then ſtood. The title therefore of this act, 
as it is in the Statute Book, „The Penalty of making an 
« Aſſault upon any Servant of any Knight in Parliament,” 
is by no means juſt; as the ſtatute is only in the nature of 
a proclamation to compel the offender to appear, and de- 
clares what ſhall be the penalty in caſe of non- appearance. 
This conſtruction of the ſtatute is confirmed not only by 
the opinion of Elſynge, p. 191, who ſays, © this law was 
« made to provide for him that could not be apprehended af- 
« ter the fact done,” but by its being found neceſſary, within 
a very few years after, to make another Act of Parliament 
« for the puniſhment of thoſe that make aſſault upon any 
„that come to the Parliament,” 11th Henry VI. chap. 11; 
an Act, which comprehends both theſe points, and which, af- 
ter reciting, word for word, the penalties inflicted by the ſta- 
tute of 5th Henry IV. chap. 6, upon ſuch offenders as ſhould not 
appear, goes on and declares, © That if he do come and be 
« found guilty by Inqueſt, by Examination, or otherwiſe, of 
_ ««£ ſuch Affray or Aſſault, then he ſhall pay to the party fo 
grieved his double damages found by the Inqueſt, or to be 
« taxed by the diſcretion of the ſaid Juſtices, and make fine 
« and ranſom at the King's will.” Mr. Elſynge ſays, “ Con- 
« ſtat that the ſaid John Sallage did yield himſelf according 
« to the proclamation ;” but I don't find that it is any 
where recorded what puniſhment he underwent, and indeed 
by the act of 11th Henry VI. following ſo ſoon after, it looks 
very much as if, at this period, no particular penalties were 
aſcertained by the law for this and ſimilar offences. 


8. The next Caſe in point of FIR 1s that of 8 in the 
cighth year of Henry VI. which is thus entered on the Roll : 


D Rot. 


e x 
s - 


—— 


** 


2 A A ratio aero ro 5.” Shs 
* 


—_ ale 4 
„ 


3 
9 * 
. 


— 
r * 


—— — Pa — ha, 
e He ; 


— 


2 EEE HE Taree 
— aa On. ies 


2 


— < -- 4 — 


A * — = 2 A * A 
2 M4 N * 5 * 2 5 %z TW 22 


2 


0 
= 


ods 
FW"; 
% 2 
— en i 
— — 


2 N — — 
ꝗ—ZJ“e—y—̃ꝛ — —yꝓ— — — 
- — 

— — 
. 
C 


3 27 
— 4 rt no - vo lg ds — = 


— — — 


— ee —— 
— IE PE — 2 23 arg — 2a 


420 vi 4 
LE 


4 * 5 9's. 
— Ah * 4. 

5 — — —— — 

22 — "Y 


* * ——ũ—6 c — — 
— 


4 . 
32 — * — [7 
* 
* „ n 1 5 — — 
* 5 Ft — — * a r 1 
* 5 — 2 2 E e * 
navy * — res ps — * BOL 4 — 
5 — —— — : 
oy % 24 5 — N — mee 0 „ — 
* — q 
Baa - 
—— 


8 
oat; "C65 8 — > 
— AS Lede S 
4 Pg. x he r 355 
— ISTH ee, 
Fee 1 


— 


18 From the earliaſt Records io the Chap. x. 
Rot. Parl. 8 Hen. VI. N'. 57 *. 


* Priount les Communes qᷓ la ou un William Larke, Ser- 
* yaunt a William Milrede, venant al Fre Court de iceſt Par- 


« lement” pur la Citee de Londrez, en le ſervice le dit Wil- 
liam Milrede alors eſteant, p ſotiell ymagination & conjecture 


* 


de un Margerie Janyns, fuiſt arreſtez en le Courte I Abbe de 
Weſtm' de pipoudrez, p ſez Officers illoeq̃s, & d illoeqͥs re- 
© moeve en Fre commune Bank, p Br' de corpus cum cauſa, al 


* 


© ſuyte de dit Margerie, & p voz Juſticez de Fre dit Bank com- 


maundez a Fre priſone de Flete; & la en priſon detenez a 
preſent, ꝑ force d'un juggement donez envers le dit William 
Larke, en vre dit Bank, ꝑ voz ditz Juſticez, ** fibn au cauſe q 
le dit William Larke fuiſt condempne al ſuyte de dit Marge- 
« rie, en Fre dit Bank, en un action de treſpas, au cez dama- 
« gez de ccvIII II. vis. viIIId. devaunt le jour de ſummo- 
« nez de iceſt fre Parlement, come pur fyne a Vous a faire, 
« purceo q le treſpas fuiſt trovez ove force & armes. Pleaſe 
© 2 Fre Roial Majeſte de confiderer, coment “ le dit William 


Aa 


6 
ry 


KL Larke, al temps de dit areſte, fuiſt en la ſervice le dit Wil- 


« ham Milrede, ſuppoſant verraiment p la previlege de Fre 
« Court de Parlement, d'eſtre quietez de toutz areſtez, durant 
« Fre dit Courte, forpriſe pur trefon, felonie, ou ſuerte de 
« pees;” d' ordeigner p auctorite de nk Fre Parlement, q̃ 
le dit William Larke purra eſtre deliverez. hors de Fre dit 
« priſon de Flete, le dit condempnation, juggement & execu- 
tion, ou aſcun dependantz ſur icell envers & ſur luy nient 
obſtant. Salvant toutz foitz au dit Margerie, & a cez Execu- 
tours, lour execution hors de dit juggement envers le dit Wil- 
« liam Larke, apres le fyne de dit Parlement; & auxi de 
40 grauntier ꝑ auctorite ſuiſdite, q null de voz ditz Lieges, c eſt 


* Page 357. 
& aſſavoir, 


Chap. 1. End of the Reign of Henry VII. 19 


«« aſſavoir, Seignrs, Chivalers pur voz Countees, Citezeins, Bur- 
<< geys, au voz Parlementz deſore a venirs, lours ſervauntz & 
« familiers, ne ſoient aſcunement areſtez, ne en priſon detey- 
„ nez, durant le temps de voz Parlementz, fil ne ſoit pur 
<< treſon, felonie, ou ſuerte de pees, come deſuis eſt dit.“ 

«* Reſponſia. Le Roi, p advis des Seighnrs Eſpirituelx & 
* Temporelx, & a les eſpeciales requeſtes des Communes, 
eſteantz en ceſt preſent Parlement, & auxint de Vaſſent 


du Counſeill du Margerie Janyns nomez en ceſt Petition, 


voet & graunte p auctorite du dit Parlement, q William 
Larke nomez en la dite Petition, ſoit deliverez au preſent 
* hors de la priſon de Flete. Et q la dit Margerie, apres le 
* fyne de ceſt Parlement, ait ſa execution del juggement, 
* qele aveit envers le dit William, en le commune Bank, 
« ſicome il eſt continuz en meſme la Petition, en meſme la 
forme come ele deuſt avoir eu, fi ſon dit juggement ungs ne 
feuſt execut. Et q̃ les Juges del dit Bank facent au dite 
Margerie, apres la fyn de ceſt Parlement, execution du 
dit juggement, p Capias ad fatisfaciend', & p Exigent ; & 
auxint facent proceſſe pur are SF le Roi, pur {on fyne envers 
le dit William, p Cap' & Exigent, ſicome eux ferroient, fi 
< le dit William ungs n'uſt eſte pris ne empriſone, p cauſe 
du juggement ſuiſdit.— Et outre le Roi voet, p autorite de 
< meſme Parlement, & le Chaunceller d' Engleterre pur le 


. 


Ly 


temps eſteant, depuis le fyn du dit Parlement, face Com- 


« miſſions as divers perſones p fa diſcretion aſſigners, de 
prendre le dit William, & luy deliverer au Gardein de Flete, 
gj ſoit tenuz de luy receiver & garder, tan q gree ſoit fait 


a Vavauntdite Margerie, de la ſomme p luy recovere p le 


juggement deſuiſdit, & au Roi, de ceo q a luy appartient 
celle partie. Et q ell deliverance au dit Gardein, ſoit de 
< meſme Veffect pur la dite Margerie, come ſerroit execution 

| WJ 2 * pur 


L 
: 
: o 
£ 
* 
„ 
CY 
* 
: 
4 1 
1 
. 
« 
7 
188 
7 
F: 
1 
"3 
"= 
"THAN 
op 
ni 
?! 
i 
C4 
* 
j 
** 
21 
>; 
; 
I 
* 
"a 
} 
14 
+, 
F 
* 
1 
5 * 
2 
10 
7 7 
& 
1 
1 
* 
FY 
„ 
5 
1 
*8 
7 
1 
1 


N 


9 PT wa 2 


2 * 


20 From the earlieſt Records to the ; Chap. 1. 


« pur luy fait per Capias ad ſatisfaciend', aſcune variance p la 
dicte Petition, ou Vendorſement d'icell', & le recorde du dit 
© recoverer, ou aſcun autre choſe nient contreſteant. Et 
&« gant a la remanent de la Petition, Le Roi $adviſera.” 


This is the Caſe to which Sir Edward Coke refers, when 
he ſays, in the Fourth Inſtitute, p. 25, © Privilege of Par- 
« hament in Informations for the King.—Generally the Pri- 
“ vilege of Parliament does hold, unleſs it be in three Caſes, 
* yiz. Treaſon, Felony, and the Peace.” The Commons cer- 
tainly declare it to be their opinion, that they had clearly the 
Privilege of being free from all arreſts, during the Parlia- 
« ment, except for Treaſon, Felony, or Surety of the Peace :” 
But when at the cloſe of the petition they pray, „that for 
« the future it may be enacted into a law, that no Knights, 
« Citizens, or Burgeſſes, or their Servants, may be arreſted or 
« detained in priſon during the time of Parliament, except 
«. for Treaſon, Felony, or Surety of the Peace;” the King 
refuſes their requeſt, and gives a Parliamentary Negative; and 
therefore, the more natural concluſion to be drawn, as welt 
from the petition itſelf as from the King's anſwer, appears 
to be that, at that time, this propoſition was not acknow-- 
leged to be law in the extent in which they laid it down *. 


The Houſe of Lords in their anſwer to this Caſe, when 
cited by the Attorney General in Lord Arundel's Caſe, ſup- 
poſe the ground upon which the King gave this negative to 
| have been, © that the latter part of the Bill did comprehend 


- 


* Tt ſeems diflicult to aſcertain what the King would conſent to no general law- 
the meaning of the King's Negative is.— on the ſubject. 
Perhaps it meant nothing more than that, 7 Elſynge, p. 217. 

the particular Caſe being provided for, | 


6. C6 mo re. 


> 


Chap. 1. Eud of the Reign of Henry VIII. 21 
«© more than it was fit the royal aſſent ſhould be given unto, 
6 or more than was, or at this day is, the Law of Parlia- 
ment; for it is, that no Member of either Houſe be ar- 
* reſted or detained in priſon during the Parliament, ſaving 
* in theſe three Caſes. To be arreſted, is to be taken by the 
« officers, by proceſs, or otherwiſe : To be detained in pri- 
« ſon, is either to be detained alter an arreſt, or after a 
«© commitment from the bar of ſome court, which is never „ 
ce called an arreſt, though in truth it be one. So that the q 
«© Bill deſired, not only that none ſhould be arreſted or de- 1 
. « tained upon any arreſt, during the Parliament (which is | "Wi 
« the only Privilege ſuppoſed in the body of the Bill) but 1 
« alſo, that none ſhould be detained in priſon during the _ Fl 
« Parliament; whereas there is no doubt, but that any of 
% the Houſe of Commons or their ſervants, or the ſervants 
«© of Lords, being detained in priſon upon an execution, 
&« ſerved upon them before the time of Privilege of Par- 
« Hhament, or being in execution, in any other ordinary 
« courſe of juſtice, before that time, ought to be detained till, 
« as it is practiſed at this day. And accordingly, alſo a fourth 
limitation is added to thoſe three, in the 31ſt Henry VI. 
«© in Thorpe's Caſe, where Treaſon, Felony, Surety of 
« the Peace, and Condempnation before the Parliament are 
« the caſes excepted, ſo that there being more aſked by the Bill + 
« than the Privilege of Parliament allowed, there was reaſon 
enough why the King aſſented not. to it.” It is certainly 
impoſſible at preſent to determine preciſely on what ground 
the King refuſed to grant this part of the petition : ſup- 
poſing the explanation of the Houſe of Lords to be the true 
one, it was by no means neceſſary to give a general negative 
to the whole of the prayer ; the King's anſwer might in this, 
as it had done in many other caſes, have qualified the gene- 
ral 


. ao r R 
r - N 3 I — 3 
2 2 "EF — » 6 * n * ny * 2 2 Lr * — r 3 n 


— — — 0 —ͤ—ũ—ÿ᷑— —— u — — — 


he * 
As 


, 
4 
9 
* 
1 
$* 
3 
4 
? 
+ | 
15 
7 
i 
\ 
1 15 
3 1 
by. 


— 
— — — 


— 


— , * B 
bg 2 5 CCC 
— i War” 


Load 
So. on Sie ww 


P * 0 2 * » 6 —— * 5 — <9 — _ wa 
” _ " * Why + — 4 NE Dr n — - 
q — mw ng; Frier n., — ere N ** 7 — . 1 Sp» LI Wh — x 5 2 
_— . Ig, B72.” — * 3 8 n Fans, ff 3 n *+ BO tt 2 EAN 2 He — Er ey 
: .... . . PP.... 8 n 8 
» 2 ** ; a * — : 3 : \ - : . : a . * 


if - T 
* —— ů 
* * 


—— 
— 
_ 
«a 
" os 


* 


- — 


n 
—— + «> — 4 9 N 
Þ NG l a r r 4 OW 7. — — 
- 


— — 


. IR 
_—— _ 4 
on * 

2 - — — 
* 


rr * 
- — 


22 From the earlieſt Records to the Chap. 1. 


ral words of the petition, and have enacted, ** That perſons 
«« intitled to Privilege ſhould not be arreſted, or detained in 
« priſon on any arreſt made during the time of Parlia- 
% ment, except for Treaſon, Felony, or Surety of the Peace,” 
which would not have included perſons in execution on con- 
demnation before the Parliament, and yet would have ſatiſ- 
fied the Commons, by declaring the law in as large a ſenſe as 
they themſelves explained it in the former part of the peti- 
tion. Such however are the doubts, and ſo different are the 
opinions which may be formed from this Record, as to the 
queſtion of What the Law of Privilege really was at that 
« time,” that the concluſion drawn by Sir Robert Cotton 
in his Abridgement, p. 596, that herein it is to be noted, 
« that there is no cauſe to arreſt any ſuch man, but for 
« Treaſon, Felony, or the Peace,” though the remark of fo 
learned an antiquarian, ought not to be haſtily and raſhly 
adopted. 


9. In the tenth year of Henry VI. the following Record is 
entered on the Roll, N'. 39 K. 


« Priont les Communes, pla ou Chivalers, Citizeins, & 
oy Burgeiz, venauntz a Fre Parlement ꝑ Fre commaundement, 
« de droit & p le ley devoient au dit Parlement franchement 
«« & peſiblement venir, la repairere & demurer, & ſalvement 
g temps covenable retourner; que pleaſe a vous, tres 
«© ſoveraigne Sf, d'ordiner p auctorite de ceſt preſent Parle- 
ment, q̃ fi aſcun treſpas, offence ou damage ad eſt, ou ſerra 
© fait, as perſons des Chivalers, Citizens ou Burgeis, ou 
£ 2a lour ſervauntes, ou a aſcun d'eux venuz a ceſt preſent 


6 Page 404. 
Parlement, 


Chap. 1. End of the Reign of Henry VIII. 23 


E 


« 


6 


* 


o 


C 


Parlement, p Fre commaundement ; ou as Chivalers, Ci- 
tezens ou Burgez, a eflers a venir a vre Parlement en 
apres, ou de vous heires ; q le partie q̃ ſoy ſente ou ſentera 
iſlint greve, ait breve de treſpas fur ſon cas, vers ceſty ou 
ceuz q luy ad fait, ou ferra tielx treſpas, offence ou damage, 
directe all Vic', ou les treſpas, offence ou damage eſt, ou 


ferra fait, au tiel partie greve, retournable devaunt vous en 


vre Bank iſſint q ꝑ entre la date du dit bre, & le jour de re- 


tourne d'ycell, foit contenuz PFeſpace de deux mois; deinz 


quele temps, a le Countee a tenur' proſchein apres le hvere 


du dit br̃e, meſme le Viſcount fra Proclamation ; q ceſty 


q fait ou ferra tielx treſpas, offence ou damage, ſoit de- 
vaunt vous are Seignur, en Fre Bank ſuiſdit, pur reſpoun- 
dre all partie q ſoy ſente ou ſentera iſſint greve, a le jour 
contenuz deinz meſme le breve, iſſint q p entre le dit Coun- 


tee, & le jour de retourne du dit br̃e, ſoit Veſpace de xv 


jours; a quele jour ceſty q ad fait ou ferra tielx treſpas, 
offence ou damage, & le Proclamation p le Viſcount teſ- 
moigne, ne veigne, . ſoit il atteint del fait ſuiſdit, & maun- 


dent adongs lez ditz Juſtices un breve directe all dit Viſ- 


count, d'enquerer des Damages q le partie greve ad ſuffiert, 
p Fencheſon del treſpas & offence ſuiſdit, & Venquiſition p 
luy apprendre, de retourner devaunt eux a certeine jour, 


iſſint q le partie greve ait execution ꝑ agard des ditz Juſti- 


ces de ces damages, au double de ceo q̃ᷓ ſerra trove devaunt 
le dit Viſcount; & fi a jour de retourne du dit bfe, ceſty q̃ 
ad fait ou ferra tielx treſpas, offence ou damage, veigne de- 
vaunt les ditz Juſtic', & ſoit trove culpables, paie adongs all 
partie q ſoy ſente ou ſentera iſſint greve ſes damages au 
double auxi &c. | 
* Reſponſio. Le Roy $'adviſera.” 


Sir 


«a 


6 
Mi 


24 From the earlieſt Records to the Chap. 1. 


Sir Robert Cotton in his Abridgement of this Record, 
p. 605, calls it A Motion for ſpeedy redreſs of and in the 
« actions of all ſuch as were or ſhould be of the Commons 


Houſe.“ With reſpect to the former part of the petition, 


which deſires a remedy to compel the offender to appear; 1 
apprehend there was already a ſubſiſting law to this effect, 
made but a few years before in Chedder's Caſe, 5th Henry IV. 
the purport of which 1s almoſt the ſame with that prayed for 


in the preſent petition, and therefore a new act upon this 
ſubject was unneceſſary: with regard to the puniſhment of the 


offender, when he ſhould deliver himſelf up to juſtice, it is 
remarkable how much more moderate the Commons are in 
their preſent demand than they had been in the former 
caſe, as they defire nothing more than * that the party fo 
« committing the treſpaſs, offence, or damage to the perſons 


of the Members or their ſervants, and being found guilty, 


« ſhould pay to the party aggrieved his double damages.” 
And yet even to this the King refuſes his aſſent, leaving them 
to obtain redreſs according to the law as it then ſtood. 


10. However, the next year, the ſame miſchief continuing, 
and it being found neceſſary, from the frequent aſſaults made 
on Members attending their duty in Parliament, to apply 
ſome more ſpeedy and effectual remedy than what the common 


law allowed, the Houſe of Commons again are obliged to 


enten d the 5 for en which * do in the following 


manner: 


Rot. Parl. 11 Hen. VI. N* 602. 
Item, priount les Communes, q come au Parliament tenuz 


* Page 453. - 
| : £ a Weſtm' 


Chap. 1. End of the Reign of Henry VIII. 25 


a Weſtm' lendemayn de Seint Hillarie, Van du reigne le 
noble Roy Fre aiel quint, entre autres ſoit contenuz en h 
fourme q enſuyt: 

* Item, pur ceo q Richard Chedder, Eſquier, quy fuiſt 
« venuz a ceſt preſent Parliament oveſq Thomas Brooke, 


„ Chivaler, un des Chivalers eſluz en meſme le Parliament 


„ pur le Counte de Somers', & mayneall ove le dit Thomas, 
«* fuiſt horriblement naufrez, emblemez & maheymez, p 
„John Salege, autrement appelle John Savage; ordeine eſt 
& eſtablie, q p tant 4 le dit horrible fait fuiſt fait deinz le 
temps du dit Parlement, q Proclamation ſoit fait la ou 
« meſme Torrible fait ſe fiſt, q le dit John appierge, & loy 
„rende en Bank le Roy, deinz un quarter d'an apres la Pro- 
<< clamation fait; & sil ne face, ſoit meſme celuy atteint de 
la fait ſuiſdit, & paie al partie greve ſes damages a double, 
* a taxer p diſcretion des Juſtices du dit Bank pur le temps 
« eſteantz, ou p enqueſt s'il boſoigne, & face fyn & raun- 
* ceon a la voluntee du Roy: Et outre ceo, accordez eſt en 
« Parlement, q ſemblablement ſoit fait en temps a venir en 
« cas ſemblable,” ſicome * en le dit Eſtatuit,” pluis au pleine 


« eſt contenuz. Et ore eſt enſy, q'en meſme ceſt preſent Par- 
* lament, un graund aſſaut & affraie encountre la peas are 


tres ſovereigne SF le Roy, eſt fait a Richard Quatremains, 
un des Chivallers pur le Countee d'Oxentord en ceſt preſent 
Parliament. 

sur quoy pleaſe a nre SF le Roy, p auctorite de ceſt pre- 


« ſent Parlement d' ordeigner, q fi aſcun affraie ou aſſaut ſoit 


fait, p aſcun perſone, a aſcun Chivaler, Citezin ou Burgeys, 
venuz a ceſt preſent Parlement, ou a aſcun Chivaler, Cite- 
« zyn ou Burgeys, eſſier au Parliament en temps a venir; q 
Proclamation ſoit fait la ou meſme Vaſlaut eſt fait, ou temps 

E © a venir 


3 _ 
— >. — — * — 
— Dorf Pa - - => _—— I a et —ů———— — 

= 1 _ =_ ure tt Le wy 1 e * 2 — 2 3 
— ö — en n 8 — — — 4 - hy 2 a 2 3 

P — — — — . ECTS 

5 — IE —— — — of —— — — — — — = — Pars - 8 

* 
— 


ein 
n 
1 
9 3 » 7 
1 
$ Fas ! 
HAIRS 
v7 
+8 
1 
bk *Fy 
2 1. 
Fs, 
5 i 
1 * 
. 1 
i 2 
6k ESI 
0 


e eee — noo + 
pats 3 r . 


— 


* — 
22 — TN * —- WE: — 
3 3 oth ot 
. 2 x wat Rc 1 * 
* - 7 : 8 5 
— 8 3 — — as - 
* 1 — - 
— 
7 — _ | — 
— — 1 — 
7 . +» # 
* * . 4 wt 


— ß 
5 . „„ rg . 


2 0 — — e 22 - * 
— 2 - * — 3 1 % n =. 8 * 
- P n . — $5 BED: * N — £ 
* am.” 4,” . 5 1 2 a 4 . * TOW: 
g 22 - 
- Sd 


Wu Eo es ont Sn, 24 
* A - 
Ts E 


* . 2 
* Sands bc 
+ e 
—— *r 


— — 
— —— 
- 


26 From the earlief} Records to the Chap. r. 


a venir ſerra fait, q celuy q face tiel aſſaut ou affraie, ſoy 
rende en Bank le Roy, deinz un quarter d'un an apres la. 
= * Proclamation fait; & s'il ne face, q'il ſoit atteint de le fait 

EE * ſuiſdit, & paie al partie greve ſes damages au double, 
* taxer p le diſcretion des Juſtices du dit Bank pur le temps 
« eſteantz, ou p enqueſt $'il boſoigne, & face fyn & raunceon 
* a la voluntee du Roy'. Et s'il veigne & trove ſoit coupable 
: «£ p enquelt, p examination, ou en autre manier, de tiel affraie 
* ou aſlaut, paie il donges al partie enſy grevee ſes damages a 
double, trovez p le enqueſt, ou a taxer p le diſcretion des 
« ditz Juſtices, & face fyn & raunſeon a la volunte le Roy, 

come deſuis eſt dit. 

* Reſponſjo. Le Roy voet, q fi aſcun * ou affraye ſoit 
fait a aſcun Seighr Eſpirituel ou Temporell, Chivaler de 
Countee, Citezein ou Burgeis, venuz au Parlement ou 
« au Counſeil du Roy” p ſon commandement, & la eſteant 
b & entendant au Parlement, ou au Counſeil; qadongs 
« ſoit Proclamation fait p trois jours ſeveralx, en la pluis 
covert lieu de la Ville ou Tafſaut ou affraye fuiſt enſy fait, q 
la partie qi face tiel Vaſſaut ou affraie, ſoy rende devaunt le 


>” Yn — — eg 8 2 * 
* — 
3 ² 2 OE NI Ce PS 


2 =) * * . _ 
— * WERE = 


EC AO 9 + 

„ * 4 a — — 

— — — — O , - 
— 2 — — AY l 


. P 
* ; ä „ — 
bs 3 8. — — — TRE 


3 


* = o o N 5 
, DEN OO Ec e SR IE en, 


8 

% 

uw 

A 

Lol 

# 

£24 

N 

＋. 

A 

2 

£S 
N wy 
* 
. 
1 
25 'y 
«IE 
Ws - F 
9-2 
4: 
3 
por } 
1 
27 
2 7 
* 
35 

: 


EC IE WE EE eds, Ta ̃ĩ⸗ !! 

e d RE EE I ons 

PFC TED = 1 
7 Ml C ] Do te EE 2 28 N 
EA Wart B25 HD REG cure e IRA 


; ; © Roy en ſon Bank, deinz un quarter d'un an apres la Pro- 
| | « clamation fait, $'il ſoit el temps du terme, ou autrement all 
i | « prochein jour en temps de terme, enſuant le dit quarter, a 
| 8 . & receivere en manere come il eſte deſire ꝑ la Petition. 
BM 1 
| - And from this petition and anſwer the Act of 11 Henry vi. 
1 ch. 11, : for me puniſhment of thoſe that make aſſault 
1 % upon any that come to the Parliament,” is drawn up and 

[ entered on the Statute Roll; and, as I obſerved before under 


Chedder's Caſe, not only enforces the proviſions of the 5th. 
Henry IV. ch. 6, to compel the appearance of the offender ; 
| but, 


z 


Chap. 1. End of the Reign of Henry VIII. 27 


but, on his conviction, gives double damages to the party 
grieved, with fine and ranſom to the King “. 


11 Notwithſtanding theſe repeated Acts of Parliament to 
ſecure the Members of both Houſes from any inſults on 
their perſons, ſuch was the licentiouſneſs of the times, or 


rather, ſo ſlow and ineffectual were the remedies given by 
theſe laws, that in a very few years the Commons again 


apply to the King for farther proviſions to — this very 


dan * practice. 


Rot. 23 Hen. VI. N'. 41 T. 
Prayen the Communes in this preſent Parlement aſſem- 


* * R <6 


* 


* The very ingenious Author of Ob- 
<< ſervations on the Statutes, chiefly the 


<< more antient,“ has, in a note in his 


Commentaries on- the 5th Henry IV. 
ch. 6, page 301, made a ſlight miſtake, 


which, in a work abounding with ſuch a 


variety of uſeful and excellent learning, 
I am almoſt aſhamed to take notice of; 
he ſays that it deſerves notice that 


«© Richard Chedder (this ſhould be John 


Salage; the names are right in the text) 
on ſurrendering himſelf is to make ſa- 
<< tisfaction, either by the award of the 
4 Judges of the King's Bench, or by a 
«© Jury: and I do not recolle& an in- 
«4 ftance of ſuch an alternative.” Now, 


it is clear that the act 5 Henry IV. ch. 6, 


bled, that it pleaſe unto the Kyng oure Soveraigne Lorde, 
by thavis of his Lordes Spirituell and Temporell in the ſeid 
Parlement beyng, to ordeine, eſtable and auctoriſe in the 
ſeid Parliament, ant by auctorite of the ſame ; that if any 
perſon or perſones make any aſſault or affray upon the ſeid 


is made in order to compel John Salage to 


ſurrender, and that theſe penalties are only = 


to take place if he does not appear within 


three months.— However, in the Statute 


of 11th Henry VI. ch. 11, wherein it is de- 
clared what puniſhment ſhall for the future 
be inflited on ſuch offenders when they 
do ſurrender ; it is ena&ed, ** that if he 
come and be found guilty by inqueſt, 
& by examination or otherwiſe, of fuch 
*© affray or aſſault, that he ſhall pay to 
* the party ſo grieved his double da- 
mages found by the inqueſt, or to be 
*« taxed by the diſcretion of the ſaid Juſ- 
c tices, and make fine and ranſom at 
ce the King's will,” 
+ Page 111, 


cc 


E 2 | « Lordes 


: 
: 
. 
C 
os 2 


* 
7 
- 
, 
1 
1 
1 
bi 
1 
Xx 
i 6 
N 
5 
ö 1 
1 
1 17 
1 
18 
165 
19 
WA - 
1 
1 
1 
1 4 
1 
3; «44 
+ 
. 
8 op 
1 
79511 
Wk 
. £ 
1 
3% 
PE | 
1 
” : 
1 
. 
1 
* 
WE! 
55 þ 
1 
45 
1 
14 5 
XV 
„ 
# 
5 
„ 
5 
. o& 
Fi 
133 
Wy 17 
1 
i 
4 FP 
- pt 
1. 
£1 01 
19 
1 
4 
1 
"2 WF 
2 F 
142 
5 
Mi 48 
} 18 
10 
19 
5 
1 
1 
14 2 
1 
14 
> 
1 
* 4 
mY 
by y 
SJ 
+ 
17 
44 
BY; 
1 "Si 
La 
12 
. 
1 
1 
3 *% 
T3738 
1. 
1 
1 
K 
13 
15 
* 
Fl 
* 
5 25 
* . 
. 5 1 
1 
45 
9 
1 


2 Y * 8 1 8 2 A Wn 4 
22 Pe; © % 5 A 2 
F a” 8 — . 
— * 
— q OE. 
ha 1 
ra — — — 122 323 . 
8 — 2 — 
- 7+ es „ 
8 we _ 


r — 
£ Ore nes Ic 


. —— as ˖ e 3 2 
— n 2 im be Ih — - 

I5 8 — . 2 bh Oe ——— — — 
— — ar, erty — —ͤ—-% —— —— 4 


3 
iff 

1 
1 


e 


28 From the earliest Records to the Chap. 1. 


* Lordes or Communes, or upon any of hem, „ beyng in 
* the ſeid Parliament, or from thens retournyng homeward,” 
or upon any Lord, Knyght of the Shire, Citezein or Bur- 
geis, at any tyme hereafter by the Kynge's commaunde-- 
* ment © comyng to high Court of Parliament, there abid- 
« yng, or from thens retournyng to his dwellyng place,” 
that then the ſeid Lord, Knyght of the Shire, Citeſein or 


Burgeis, upon whom ſuch aſſault or affray is made, have 


* ſuch Writte or Writtes of Proclamation, as by an Act in. 
this ſaide preſent Parlement for Sr Thomas Parr' Knyght,, 
is in like cas ordeined to be hade, to be directed to ſuch 
« Shirif or Shirifs where the treſpas is ſuppoſed to be done, 
« retournable or retournables at eny day to be deſired by 
the ſame partie compleignant,, afore the Kyng in his 
* Benche; the ſame partie compleignant, to have therupon 
* ſuch appance, or els upon ye defaute of appaunce of the 


© perſon or perſones upon whom it is in that partie com- 


e pleigned, ſuch execution as Dn ordeined alſo in the ſaid. Acte, 
for ye ſeid ST Thomas. | : 
KReſponſio. Soient * TEfſtatutz faitz devaunt cez heures 

en ceſt partie, tenuz, gardez & obſervez, en toutz poyntes. 


0 


I cannot, upon the moſt accurate ſearch, find any thing 
relating to this Sir Thomas Parr, either in the Records them- 


ſelves, the Statutes, or the Parliamentary Hiſtory, and am 


therefore at a loſs to know what particular remedy he had. 
obtained on this occaſion. 


12. The next in point of time is the famous Caſe of Tho- 
mas Thorpe, who was Speaker of the Houſe of Commons, 


and being arreſted at the ſuit of the Duke of York, and then 


UN. 


— 


That is, the Statutes of 5 Henry IV. ch. 6, and 11 Henry VI. ch. 11. 


\ 


Chap. 1. End of the Reign of Henry VIII. 29 


in priſon, the Commons make the — · application t to the 
King for his releaſe: 


© Rot. "HA & 32 Hen. VI. N'. 25, 26, 27, 28, 29 *. 
25. Fait a remembrer, q le dit quatorziſme jour de Feverer, 


« Yan ſuiſdit, les Communes, ** þ certeyns de lour Com- 


«© paignons,” firent requeſt au Roy, *©* & les Seighrs Eſpi- 
„ rituels & Temporelx”” en le dit Parlement eſteantz, 


* qu'eux peuſſent avoir & ensjoier toutz tielx Libertees & 


« Privileges, come ount eſte accuſtumes & d'auncien temps 
« uſez pur venantz au Parlement; & concordaunt a meſmes 


© les Libertees & Privileges, 4 Thomas Thorp lour commune 
« Parlour, & Walter Rayle, Membres de le dit Parlement, 

© adonqes eſteantz en priſon, peuſſent aler a lour large & 
lübertee, pur le boon eſploit du dit Parlement. 

© 26. Item, the Friday the xv day of Feverer, it was 


© opened and declared to the Lordes Spirituelx and Tem 
« porelx beyng in the Parlement Chambre, by the Coun- 


ſaill of the Duke of Vork; That where Thomas Thorp, 


the Monday the. .. day of the moneth of ...... the 


© yere of the reigne of Kyng Harry the: Sexte xxx1, came 
* to the place of the Biſhop of Durham, and then and there 
© toke and bare away certeyn godes and cateles of the ſeid 
Dukes, agayn his will and licence; and theruppon the 
* ſame Duke camed and toke an action by Bille in Michell 


terme laſt paſt agayn the ſeid Thomas, in the Court of 


+ tt Eſchequer, accordyng to the Privilegge of the ſame 
Court, for ſomuche that the ſame Thomas was oon of the 


Court, by which Privelegge he ought to be enpleted in 


Page 239 and 240. 


; 
B.. 2 — 


that 


— — 
> - * 


$323 
3 * 
1 565 


8 — —__ 8 * * „ RR gen * N 9 —— aon; 1 1 
* . - — 25 = 2 * 8 1 GR _ 
1 2 Sr 4 8 22 — ne —ͤ— — — - of Sore — I — — o —— * * * * — 
— — 75 3 E - 2 IC. 2 _ 22 — * 85 * = = 1 — "30 ** N Fe \ —_ = : __ — 9 = ” = fat Pp 2 — . * = : 
2 ">, _ x I * = 3 1 8 r N n * a” = * 5 8 r 
5 5 3 A 22 : 7 6 ON 4 4 oY, N 3 % * n CS a, 8 a N 4 Ys 4 in „ = 4 2 N 
£ — n 8 1 ——— tat ey» ara) LY ES —— — — — — mo — 2 — ::. — Ra tc, * — * 
— — — OY mare — — — . — — — — — — — — — = — —_— = R = 
E 2 7 — py * 7 
| <p" yg . * 


1 


30 From the earlieſt Records to the Chap. 1. 


that Court of th' Efchequer in fache caſes, and in noon 
other Court 7 to the which Bille the ſeid Thomas wilfully 
* appered, and had diverſe daies to emparle atte his requeſte 
and deſire, and to the faid Bille and Action aunſwered and 
© pleted not gylty: Whereuppon ther was awarded in the 
ſeid Eſchequer, a Venire Fac' to the Shirreve of Midd', 
« retornable in the ſeid Eſchequer, and there by the Jurre 
that paſſed betwene the ſaid Duke and the ſaid Thomas, 
it was founde that the ſame Thomas was gylty of the treſ- 
pas conteigned in the ſeid Bille. And the fame Furr” aſ- 
ſeſſed the dampmages to the faid Duke for the ſeid treſpas 
* toaMli., and for his coſtes x li., and therupon juggement 
* was yeven in the ſeid Eſchequer, and the ſaid Thomas 
* accordyng to the cours of the lawe was committe to the 
« Flete, for the fyne belongyng to the Kyng in that behalve. 
And thereupon it was praied humbly of the behalve of the 
* ſeid Duke, that it ſhuld like theire goode Lordſhips, con- 
« ſideryng that the ſaid treſpas was doon and committe by 
the ſaid Thomas fith the begynnyng of this preſent Par- 
lement, and alſo the ſaid Bille and Action were take and 
* camed, and by proceſſe of lawe juggement theruppon 
« yeven. agayn the ſaid Thomas, in tyme of vacation of the 
« ſame Parlement, and not in Parlement tyme; and alſo that 
if the ſaid Thomas: ſhuld be releſſed by Privelegge of 
Parlement, or the tyme that the ſeid Duke be ſatisfied of 
his ſaid dampmages and coſtes, the ſame Duke ſhould be 
« withoute remedie in that behalve ; that the ſeid Thomas, 
accordyng to the lawe, be kepte in warde to the tyme 
that he have fully content and ſatisfied the ſaid Duke of 
his ſaid dampmages and coſtes: The ſeid Lordes Spirt- 
tuelx and Temporelx, not entendyng to empeche or hurt 

5 8 8 the 


* 


* 


. * 4 


* 


N 


— 


Chap. 1. End of the Reign of Henry VIII. 31 


the Libertees and Privelegges of theym that were com̃en 
for the Commune of this lande to this preſent Parlement, 
but egally after the cours of lawe to mynyſtre Juſtice, 
and to have knowlegge what the lawe will wey in that 
© behalve, opened and declared to the Juſtices the premiſſez, 
and axed of theym whether the ſeid Thomas ought to be 
delivered from priſon, by force and vertue of the Prive- 
-8 legge of Parlament or noo. To the which queſtion,” the 
chefe Juſticez in the name of all the Juſticez, after ſadde 
* communication and mature deliberation hadde amonge 
theim, aunſwered and ſaid; That they ought not to aun- 
« {were to that queſtion, for it hath not be uſed aforetyme, 
« that the Juſticez ſhuld in eny wyſe determine the Prive- 
“ legge of this high Court of Parlement; for it is ſo high 
« and ſo mighty in his nature, that it may make lawe, and 
% that that is lawe it may make noo lawe; and the deter- 
« mination and knowlegge of that Privelegge belongeth to 
« the Lordes of the Parlement, and not to the Juſtices. 

« 27, But as for declaration of procedyng in the lower 
* Courtes, in ſuche caſes as writtes of Superſedeas of Prive- 
* legge of Parlement be brought and delivered, the ſaid chief 
« Tuſtice ſaid, that ther be many and diverſe Superſedeas. 
6 of Privelegge of Parlement brought in to the Courtes, 
« but ther ys no generall Superſedeas brought to ſurceſſe of 
all proceſſes; for if ther ſhuld be, it ſhuld ſeeme that this 
« high Court of Parlement, that miniſtreth all juſtice and 
« equitee, ſhuld lette the proceſſe of the commune lawe, 
« and ſo it ſhuld put the partie compleynaunt withoute 
« remedie, for ſo muche as actions atte commune lawe be 
not determined in this high Court of Parlement; and if 
« any perſone that is a membre of this high Court of Par- 
« lement be areſted in ſuche caſes as be not for treaſon or 

„ felony, 


32 From the earligſt Records to the Chap. r. 


<< felony, or ſuerte of the peas, or for a condempnation 
«© hadde before the Parlement, it is uſed that all ſuch per- 
ſones ſhuld be releſſed of ſuch arreſtes and make an 
attourney, ſo that they may have theire fredom and liber- 
tee, frely to entende upon the Parlement.“ 
28. After which anſwere and declaration, it was hea 
rowly agreed, aſſentid and concluded by the Lordes Spiri- 
tuelx and Temporelx, that the ſeid Thomas, accordyng to 
the lawe, ſhuld remayne ſtille in priſon for the cauſes 
aboveſaid, the Privelegge of the Parlement, or that that 
the ſame Thomas was Speker of the Parlement, notwith- 
ſtondyng; and that the premiſſes ſhould be opened and de- 
clared to theym that were com̃en for the Commune of 
this land, and that they ſhuld be charged and com- 
maunded in the Kynges name, that they with all goodly 
haſt and ſpede, procede to th' election of an other Speker. 
The which premiſſes, foraſmoche as they were materes in 
lawe, by the commaundement of the Lordes were open'd 
and declar'd to the Commons, by the mouthe of Walter 
Moyle, oon of the Kynges Sergeauntz atte lawe, in. the 
preſence of the Bisſhop of Ely, accompanyed with other 
* Lordes in notable nombre; and ther it was commaunded 
and charged to the ſaid Commons, by the ſeid Bisſhop of 
_ « Ely in the Kynge's name, that they ſhuld procede to th' 
election of an other Speker with all goodly haſt and ſpede, 
ſo that the materes for the which the Kyng called this his 
Parlement might be proceded yn, and this Parlement take 
« goode and effectuell concluſion and ende. 
29. Item, Sextodecimo die Februarii tunc prox' ſequen', 
« prefati Communes, per quoſdam de Socis ſuis declarave- 
runt Dominis Spiritualibus & Temporalibus in preſenti 
Parliamento, quod ipſi mandatum ex parte Domini Regis 
« pridie 


=.) 


a - 7 n *% 6 , ß 0 a 0. 


A 


9 6 


Chap. 1. End of the Reign of Henry VIII. 33 


pridie ſibi injundtum cum omni diligentia exequentes, 
elegerunt loco prefati Thome Thorp, Thomam Charleton 
Militem Prelocutorem ſuum, humillime deprecando qua- 
tinus prefatus Dominus Rex hujuſmodi electionem vellet 
acceptare. Quibus, per Dominum Cancellarium Angle, 
de mandato dicti Domini Regis, & aviſamento Conſilii 
ſui, extitit reſponſum, Quod idem Dominus Rex de 
« electione prefati Thome Charleton ſe bene contentavit, 
* injungendo eis quatinus ad expeditionem negotiorum Par- 
* hamenti predicti cum omni diligentia procederent.' 


* KA * * * 0 


A 


It appears from the Fourth Regiſter, p. 683, * that the 
Parliament was adjourned from the 22d of November to 
© the 11th day of February next following :” Or, as 1s per- 
haps more accurately ſtated in the ſecond volume of the Par- 
liamentary Hiſtory, p. 270, that the Lord Chancellor, on 
the 2d day of July, prorogued the Parliament to Reading 
to the 7th day of November following ; and that on that day 
it was from thence adjourned to the 11th day of February, 
and then prorogued to the 14th of February: — “ That 
the Duke immediately after the adjournment ſued Thorpe 
« in the Exchequer by Bill, and proſecuted him fo cloſe, 
though Speaker, and a Baron of the Exchequer, in his own 
“ Court, that between the 23d of October and 11th of Fe- 
« bruary, he got both a verdict againſt him by a Jury of 
Middleſex for one thouſand pounds damages, and ten 
« pounds coſts of ſuit, and likewiſe a judgment, and took 
« and detained. him priſoner in the Fleet thereon, between 
« this adjournment and the Parliament's meeting, ſome few 
« days before their re-aſſembling.” _ | | 


* 


* 


Indeed the method of proceeding, as well as the expedition, 
F 3 — Nat 


34 From the earlieſt Records to the Chap. r. 
that was uſed throughout the whole of this Caſe, appear 
at firſt ſight very extraordinary; Firſt, That the Commons. 
ſhould apply to the Lords, as well as to the King, for re- 
dreſs in a matter in which their own Privileges were effen- 
tially concerned : Secondly, That, notwithſtanding the opi- 
nion of the Judges moſt formally declared, That perſons 


« arreſted for any other cauſe than for Treaſon, Felony, 


« or Surety of the Peace, or for a Condempnation had: 
6 before the Parliament, ought to be releaſed,” the Lords 
ſhould adjudge that Thorpe, who came within none of theſe 
deſcriptions, ſhould according to the law remain till in pri- 
fon: And thirdly, That the Commons ſhould ſo eaſily ac- 
quieſce in this decifion, and immediately proceed to. the elec- 
tion of another Speaker; and the whole of this tranſaction 


was but the buſineſs of three * the 14th, 15th, and 16th 


of Februxey. 


But when we compare the uncommon expedition with: 
which this very important affair was hurried over; the judg- 
ment of the Lords, ſo directly contrary to the concluſion 
which ought to have been drawn from the opinion delivered 
by the Chief Juſtice ; the command of the. Biſhop of Ely to. 
elect another Speaker, ſignified immediately ſubſequent on. 


the judgment, and, as far as appears, without any commu- 


nication with the King; and the obedient ſubmiſſion of the 
Commons; I ſay, all theſe circumſtances, compared with the 
very high ſituation in which the plaintiff Richard Duke of 
York then ſtood, being, as appears from the Parliamentary 
Hiſtory, that very day, the 14th of February, appointed Pre- 
ſident in the ſaid Parliament, and himſelf preſent and taking 
a part in the hearing of his cauſe, may be thought fully to 
juſtify the opinion of Sir N. Rich, who, when this precedent 
was. 


Chap. 1. End 757 the Reign of Henry VIII. 35 


was cited in a debate on the 8th of March 1620, ſays, It is 
« a Caſe begotten by the iniquity of the times, when the Duke 
« of York might have an overgrown power in it; and I 
e therefore wiſh it may not be meddled with*.” 


13. In the 39th year of Henry VI. the Commons petition 
the King in favour of Walter Clerke, a Member then in 
_ priſon: 


© Rot. Parl. 39. Hen. VI. N'. gÞ. | 
Item, quedam alia Petitio exhibita fuit eidem Domino 
Regi in Parliamento predicto, per prefatos Communes, ſub 
eo qui ſequitur tenore : 

* To the Kyng oure Soverayne Lord; Prayen the Com- 
© mons, for als moch that grete delaye hath been in this Par- 
< lement, be that that Waulter Clerke Burgeyes of Chypen- 
ham in the Shire of Wiltes', which com by your high com- 
< maundement to this youre preſent Parlement, and attend- 
« yng to the ſame in the houſe for the Commens accuſtumed, 
the fredome of which Commens ſoo called, hath ever 
« afore this tyme been and oweth to be, the ſame Commens 
to have fre commyng, goyng, and there abidyng ; ayens 
© which fredome, the ſeid Waulter was, after his ſaid com- 
< myng, and duryng this your preſent Parlement, areſted at 
« your ſute, for a fyne to be made to youre Highnes, and 
inpriſoned in the Counter of London, and from thens 
© remoeved into your Eſcheker, and then committed into 
your pryſone of Flete, aſwell for XLII. in which he was 
< condempned to youre Highnes, and alſo for xx Mark', in 
„which he was condempned to Robert Baſſet, in an action 
of treſpas, and alſo for xxli. in which he was condempned 


* Commons Journals, Vol. I. p. 546. I Page 37. 
= * to 


® 


36 From the earlieſt Records to the Chap. x1. 
to John Payne, in an action of mayntenaunce, and for the 


fynes due to youre Highnes in the ſame condempnation ; 
and ſithen that committyng, the ſeid Waulter was oute- 


* 


© lawed at the ſute of the ſaid John Payne, and for that and 


other premiſſes, in the ſame pryſon of Flete is reteigned, 
© ayens the Libertees and Fredomes uſed, had and — 
afore this tyme by youre ſeid Commons. 


HG 


« Pleaſe it youre Highnes, in eſchewyng the ſeid delaye 


cauſed by the premiſſes, by th'avis and aſſent of the Lordes. 
Spirituell and Temporell in this preſent Parlement aſſem- 


bled, and by auctorite of the ſame, to ordeyne and ſta- 


A 


blyſsh, that your Chaunceller of Englond have power to 
direct youre Writte or Writtes to the Warden of the ſeid 
« priſon of Flete, commaundyng hym by the ſame, to have 


© the ſeid Waulter afore hym without delaye, and then hym 
to dyſmyſle at large, and to diſcharge the ſeid Warden of 


hym, of and for every of the premiſſes, ſo that the ſeid 
« Waulter may tende daily of this youre Parlement, as his 
« dute is to doo. And that by the ſeid auctorite, nouther 
your ſeid Chaunceller, Warden of Flete, nor any other per— 


« ſone nor perſones, in eny wiſe be hurt, endamaged nor 


« greved, becauſe of the ſeid diſmiſſyng at large of the ſeid 
« Waulter. Savyng alway aſwell to you, Soverayne: Lord, 


youre execution of youre ſeid xL li., and of youre ſeid fyne, 
and all other youre intereſe in that partie, as to the 


- 


N 


ſeid Robert Baſſet, and John Payne, and iche of theym, 


their execution in the premiſſes, after the diſſolvyng of this 


s your preſent Parlement, the ſeid areſt of the ſeid Waulter, 
and the ſeid committing and priſonyng of hym to Warde 
notwithſtandyng. Alſo plenerly and effectually as if the 
« ſame Waulter at eny tyme for any of the premiſſes neven 
© had been areſted nor committed to Warde : Savyng alſo to 
voure ſeid Commens called nowe to this youre Parlement, 


4 and 


5 
n 
38 5 * 

* 


enn yp 
3 2 * « 7 
. 90 f ; FFP I 
FFF 24 1 N 2 TE 5 %% / VVV L 1 
95 5 8 TY 8 n 5 n D F * v2 07 F, LOOT etl or EINE ( RS ER 8 

3 . r % ¾ —— r —²—5,t, . ]7««r ◻ͥů̈ don ß —q¼pä̃᷑˙:!ẽ ! ̃———”⁰ . al LOI N . £ 8 1 9 , a © he : = T . 
N r ae Þ INS i of eb An as bs oe 49 1 2 F ES S n e e e N N N - See abs N 8 

5 re nnn WHT 3 ' 4 n — 4 ce En IST Loa 1 n : 7 D wry ee ERR EI I id nn gt oo ooh Aon a. 2 o 


2 
1 
p 
Ee 
a EIS * 


5 et . N 2 
J OY N lat 
F 


2 


. n 5 
* Pres 
r 
n 
1 e 


Chap. 1. End of the Reign of Henry VIII. 37 


© and their ſucceſſours, their hole Libertees, Fraunchiſes and 
« Privileges, in alſe ample fourme and manere as your ſeid 
* Commens at eny tyme afore this day have had, uſed and 


enjoyed, and oweth to have, uſe and enjoye, this preſent 


Acte and Petition in eny wiſe notwithſtandyng. 
* Qua. quidem Petitione, in Parliamento predicto lecta, 
* audita & plenius intellecta, de aviſamento & aſſenſu Do- 
minorum Spiritualium & Temporalium in ditto Parlia- 
© mento exiſten', & ad requiſitionem Communitatis predicte, 
« reſpondebatur eidem in forma ſequenti: N 
Reſponſio. Le Roy le voet. 


On comparing this Caſe with that of Lark, N'. 8, who 
was likewiſe a priſoner in Execution on a Judgment, and was 
releaſed by Act of Parliament, ſaving to the creditors their 
right of taking him again in execution when the time of 
Privilege ſhould expire, I cannot find upon what particular 
ground it was thought neceſſary, in the preſent inſtance, to 
indemnify. the Chancellour for iſſuing the writ for his diſ- 
charge; or the Warden of the Fleet for obeying it. El- 
ſynge, p 245, raiſes a ſtill further doubt, Whether there 
« was even a neceſſity for an Act of Parliament to deliver 
the party privileged out of execution.” He ſays, There 
« may be much diſpute upon this queſtion. The ſtrongeſt 
e allegation againſt it is, that it will prejudice the plain- 
« tiff's execution: but ſince the party privileged is not to be 
« arreſted for any debt, treſpaſs, or contract, prout an. 5 
« Hen. IV. No. 71, nor can be arreſted during the Parlia- 
« ment, but for Treaſon, Felony, or Breach of the Peace, 
« prout an. 8 Hen. VI. N'. 57, my opinion is, that the 
« arreſt upon an execution for debt, treſpaſs, or contract, 
is merely void, and then it can be no prejudice to the 

„ plaintiff, 


— — —— 


3 


38 Fron the earlieſt Records to the Chap. 1. 


« plaintiff, but he may have a new execution after the end 
* of the Parliament, fo that an Act to deliver him that is 
“ ſo arreſted, or to fave the plaintiff's rights for a new exe- 
c cution is ex abundanti, and needleſs.” But Mr. Elſynge 
had forgot that the Judges, in giving their opinion of the 
extent of Privilege of Parliament in Thorpe's Caſe, had, to 
| | the three exceptions of Treaſon, Felony, and Surety of the 
Þ | Peace, added a fourth, viz. © A Condemnation had before 
} « the Parliament,” which expreſſion, though Mr. Elſynge 
| © thinks, p. 247, © that it cannot be underſtood to except Ar- 
ö « reſts upon execution ſitting the Parliament, but only ſach 
« arreſts as happen in the interim between the adjournment 
« and the acceſs, as Thorpe's was,” will certainly bear the 
other conſtruction, and may be underſtood to mean that for 
any judgment or condempnation had before the Privilege 
of Parliament, the party may be taken in execution even 
* ſitting the Parliament, as he might be for Treaſon, Felony, 
Þ or on Surety of the Peace: and if this was then underſtood 
i= to be the law, no Writ of Privilege, nor any thing leſs 
| it | than an Act of the Legiſlature, would certainly have been 
: admitted to releaſe him. I do not preſume to give any opi- 
nion myſelf upon this queſtion ſtarted by Elfynge, « Whe- 
«© ther the party ſo taken in execution could be delivered 
« without an Act of Parliament: But that an Act of Par- 
liament was neceſſary to ſave: the plaintiff's right to a new 
execution, appears not only from ſeveral inſtances which 
follow, but from the ſtatute of the iſt James I. chap. 13, 
which was made expreſly to allow new executions to be 
<< ſued againſt any which ſhall hereafter be delivered out of 
execution by Privilege of Parliament, and for diſcharge of 


£6 ; them out of whoſe cuſtody ſuch perſons ſhould be de- 
4 hvered.” 


— — 


— 
— 


— . A 
—. . — ay — 
—_— —̃ H— —.— 2 — — — — — — 5 
1 : — ny — — — — ty 
2 — — .. — — = — — * 
— by — — — — _ - — DD 1 _ dl — - _ 
— ——̃ — — non CE 2TH 2 2 — — 
— : > — — Pe” 2233 — > — — > 
— ” 8 2 þ 8 - -4 — — —>—__— nn ts — 


— 
———_— 


... SR = = 


—_ 
> p " 
— — 2 

* K * 3 5 <> wo Bum 
& r 
2 = — 


- _ — — 
Q £ "on ns — * 
= Dt inane bo ͤ .. ̃ Her care ĩ—tĩö r Ro > ror 


It 


Chap. 1. End of the Reign of Henry VIII. 39 

It will immediately occur to every one who reads the fore- | 1 
going Caſes as entered at length in the Records, (1) That the | 
Privileges claimed by the Houſe of Commons during this \Þ 
period were only for the Knights, Citizens and Burgeſſes, | 
and their meſnial ſervants, or familiares, preſent with them in _—_—_ 
their attendance on Parliament: (2) That the duration of 
theſe Privileges is in no inſtance carried farther than in their 1 
coming, ſtaying, and returning to their homes: And (3) a 1 
That the extent of the Privilege claimed is to be free from | 
any aſſault, or from arreſts or impriſonment, except for OH 
Treaſon, Felony, or Surety of the Peace. No Caſe has 
hitherto occurred in which the Commons have claimed the 
Privilege of not being impleaded 1 in any action or ſuit during 
their attendance; which is the more remarkable, becauſe 
about this time it appears, from an A& of Parliament made Fi 
in Ireland, that the Iriſh Houſe of Commons conſidered this || 
as a known, avowed, and eſtabliſhed Privilege of Parliament. 
The Act is as FOE : 


%% ²˙A a cod acre al 


Anno 3 Edw. IV. cap. 10. 

At the requeſt of the Commons, where the Privilege of 
* every Parliament and great Council of this land of Ire- 
« land is, that no Miniſter of the ſaid Parliament, coming or 
„ going to the ſaid Parliament during forty days before and 
« forty days after the faid Parliament finiſhed, ſhould not 
<* be impleaded, vexed, nor troubled by no mean: This not- 
« withſtanding, one Lawrence Tathe, Eſq; hath arraign'd. 
Aſſiſe of novel difleizin againſt John Barnewall being 
Knight for the county of Dublin in this preſent Parlia- 
« ment, as it is informed, for two water mills in Athirde, 
« in the county of Lowthe, the writ being returnable be- 


6 fore. « our WT" Lord the King, in | 2s chief place in 
„Ireland, 


6“ 


* 


= 


40 From the earlief} Records to the Chap. 1. 
Ireland, to the intent that he may recover the ſaid two 
«« mills againſt the ſaid John Barnewall, by default, con- 
trary to reaſon and conſcience, and the Privilege afore- 
ſaid : Whereupon, the premiſes conſidered, it is ordained, 
enacted, and eſtabliſhed by authority of the ſaid Parha- 
ment, That the ſaid Writ of Aſſize ſo taken againſt the ſaid 
John in any other Court of the King, or before his Com- 
miſſioners in whatſoever manner it be, againſt him ſolely, 
or againſt him jointly, with any other perſon or perſons 
whatſoever, and all the Records thereunto pertaining, be 
deemed, adjudged, and holden void, and of none effect in 
all points as it had never been ſued nor taken againſt him 
* ſole or him jointly, with any perſon or perſons whatſoever. 
« And further be it alſo enacted and eſtabliſhed, That every 
«© Miniſter, as well Lords, Proctors, as Commons, be diſ- 

charged and quitted of all manner of actions, had or moved 


againſt them, or any of them, during the time aforeſaid, 
4 and this to endure for ever.” 


cc 
„ 
40 
c«c 
6 
4 C 
Ce 
40 
c 


Cc 


cc 


We have ſeen before, by the Writs of Superſedeas iſſued 

in the eighth year of Edward II. that this idea of Members 
not being impleaded, vexed, or troubled during their attend- 
ance, was then known and adopted in legal proceedings; it is 
therefore very ſtrange that, from that time to the twelfth of 
Edward IV. a ſpace of above one hundred and fifty years, no 
Caſe ſhould appear upon the Records of Parliament in which 
that Privilege is ever brought into queſtion : For Prynn ſays, 
in the Fourth Regiſter, p. 735, that of this there is not 
* one petition or complaint to be found in any Parliament 
« Roll in the Tower, or other antient Record that he could 
ever meet with on the ſtricteſt enquiry.” Another circum- 
ſtance that is curious in this law is, that the duration of 


Privilege 


2 
oy 
8 
9 
2 
"46 
IP. 
0-4 
2 
E 
3 
Wok; 
* 
3 
* 
5 
W + 
& 
2 
3 
3 
5 — 
Jos 
R 
"La 
We 
Wo. - 
"= 
Wy 
G WH 
- "= 
-."" 
-- ou 
= 
Wo 
45 e 
1 
1 
A 
* * * 
bn 
"4% 
8 I; 
4-328 
„ 
"2 es 
- "als 
LAT 
Weng 
2 yp 
—_ 
J * 
— > 36 
5 N 
nu”. 3 
6 * 
99 
' 
3 8 
Ws. © 
" "RS 
-'- URL 
28 
Wh 
3 
* PR * 
3 
. 
"TY 
<6 
=. 
"= 
"14.8 
2 
>. *% 
 - 
IR 
3 
2 5 
* bye. 
fe 
1. 
il 
+ 
3 
. 2 be 
Br 
_ 
SES - 
bb, ws 
> 
==, 
+ 
9 
"= 
IN — 
1 
3 
os” - 
+ 
_ 
- + x 
+ © I 
x 
3 
e 
1 
1 
8 
"La 
RY 
7 
"84 
5 "- 
1 
2 
SS 
- = 
1 
8 
- 
7 1 
8 
_ 
3 
1 
1 
1 2 
* 2 
1 


2 
ky 
8 
3 
4 
_, 
"= 
— + "= 
= 
xx 
. © ma 
* 19 
1 
— 35 
3 
N 5 
W's 
PO 
* * 
+ 
a 
8 
8 


r 


airs. 
. 


Chap. 1. End of the Reign of Henry VIII. 41 


Privilege ſhould be aſcertained to forty days before the meeting, 
and forty days after the concluſion of the Parliament; whereas in 
England I recollect nothing eſtabliſhed by law upon this point 
till the 12th and 13th William III. ch. 3, and there it is only 
enacted, © That no Action or Suit ſhall be proſecuted againſt 


« any perſon entitled to Privilege, unleſs the adjournment ſhall 
«© be for above fourteen days.” But as to what the duration 
of Privilege ought to be under the words “ coming, ſtaying, 
and returning to their homes,” we ſhall find in the following 


Caſes a great variety of opinions upon this ſubject, nor do I 


know that even to this hour it is any where preciſely defined 
and determined . 


The two next Caſes which occur, are not taken from the 


Rolls of Parliament, but are copied by Prynn, in the Fourth 


Regiſter, p. 7 52, from the Records 8 the Court of Exchequer. 


14. The firſt is that of "IND and Walſh, twelfth year 
Edward IV. Rot. 20. 


Barthol. Donne brings his Bill agamſt John Walfh, a ſer- 
vant of Henry Earl of Eſſex, for the ſum of fourteen pounds 
eighteen ſhillings, which Walſh owed upon his bond: To this 
John Walſh, in his anſwer, produces the King's Writ under 
the Great Seal; cujus tenor ſequitur in hæc verba : 


Edwardus Det gratia Rex Angliz & Franciæ, & Domi- 
nus Hiberniæ, Theſaur. & Baronibus ſuis de Scaccario, Sa- 


* By ſtatute 4th Geo. III. ch. 24. the any ſummons or prorogation of the ſame. 


right of Members to ſend their letters + See Lord Hardwicke's opinion upon 
free from poſtage, is aſcertained to conti- this queſtion, 1n giving judgment in Co- 
nue, during the ſitting of Parliament, and lonel Pitt's Caſe, which js reported in 
within 40 days before, and 40 days after Strange's Reports, page 985. 


6G * lutem. 


of 
N 
2 
T4 
9 : 
T4 
1 
** 
IS 
= 
« 7” 
» 
2 * 
4 
* 
* 
uy; 
4 
; 5 
* 8 
k 5 
5 2 
* 
* 
7 4 
bs 
$ + 
4 = 
= 
14 
2 
2 9 
1 
- 
© 7 


42 From the earlief Records to the 


8 — 
* 1 : 
G V 
5 ” _ 
B RY 75 * 8 — 
* ; x 
1 $7 
n 
e EIN 
23 1 2 
. * 
& * 


© lute, Cum, ſecundum conſuetudinem in regno noſtro hack 
© tetius optentam et approbatam, Domini Magnates, Milites 
Comitatuum, ac Cives et Burgenſes: Civitatum et Burgo- 
rum, ad Parliamenta noſtra de ſummonitione noſtra venien- 
© tes, ac eorum familiares, ratione alicujus tranſgreſſionis, 
* debiti, computi, conventionis aut alterius contractus cujuſ- 
cunque, dum fic in Parliamentis noſtris morentur, arreſtari 
minime debeant, impriſonari, aut © implacitari; ac jam ex 

« querela &c. &c. vobis mandamus, quod fi ita eſt, tunc pla- 
cito illi coram vobis ulterius tenendo ſuperſedeatis omnino, 
et ipſum a priſona, ſiqua occaſione prædicta, et non alia, de- 
tineatur in eadem, fine dilatione deliberari faciatis.—Teſte 
* meipſo apud W eſtm. 2 5 die Novembris, anno regni noſtri 


3% 


Et prædictus Johannes Walſhe j Jam defendens dicit, quod 


c. ipſe eſt et dicto 25 die Novembris et ſemper poſtea fuit ſer- 


viens familiaris prædicti Comitis, et cum eo ad prædictum 
Parliamentum venit. Et petit judicium &c. Et ſuper hoc 
prædictus Bartholomæus petit, quod breve illud, pro eo 


* quod non habetur nec unquam habebatur talis conſuetudo, 


« quod Magnates, et Milites Comitatuum, ac Cives et Bur- 
« genſes Civitatum et Burgorum ad Parliamentum de ſummo- 


© nitione regia venientium, ac eorum familiares ratione ali- 


«© cujus tranſgreſſionis, debiti, computi, conventus, aut alterius 
© contractus cujuſcunque dum ſic in Parliamento regio mo- 
rentur, minime debeant implacitari, Prout 1 in brevi illo ſpe- 
c cificatur et recitatur, diſallocetur. | 
Et ſuper hoc viſo et prælecto brevi prædicto per Barones, 
« &. habitoque aviſamento Juſticiariorum Domini Regis 


de utroque Banco; Quia videtur præfatis Baronibus de avi- 
« ſamento Juſticiariorum prædictorum, quod talis habetur et 


habebatur conſuetudo, quod Magnates et Milites Comita- 
« tuum, ac Cives et Burgenſes Civitatum et Burgorum ad Par- 
liamentum de ſummonitione regia venientes, ac eorum fami- 

« hares, 


F 
f 
75 
5 
— 5 
5 
1 
CT. 
05S 
1 
«A 
EY 
x 
\- 
7 
* 
Me 
"I 
Ax 
Ga 
5 
* 
% 
* 
* 
3% 
** 
1 
4 
* 
So, + 
7 
Ni 
N 
"54 
a” 
1 
TICS 
1 
3 
2 . FR. 
r 
1 
=.” 
- 8 
"8 
N 1 
bo . 
= -. 
3 
by 8 8 
Wo 
LY 
8 
* >; 
© IG 
8 
* 
BP, * 
8 
4 
2 
9 
Nh 
RY 
* 
2 
7 2 
"Ot 
et 
80 
33 
GEE 
„ 
is 4 
1, 
RN 
e 
3 
. 
* 
e 
N 
„ 
"eB 
2 1 
LY 2 r 
e 
4 
1 
3 
e 
"4 
e 
WE "ok 
5) "a 
7 
28 oy 
+ "LAS 
=>" 8 \ 
_ 
9 
os 
N * 
IS : 
** N 
8 
"Sr 800 
9 0 
15 
1 
JOEY 
N 
D 
I 
1 
Cs 
2 
5 
38 
at 
* 
2. 
=o 
= | 
ww 
bi 
2M 
= 
» 
1 be 
* * 
3 
I 
2A 
2 
7 
- 
7 
. 
= 
-- 
_— 
""__ 
& 
3 
5 
2 


: - ” 3 Fit 8 *: WEN 
Howe CO ICE EE Oe EL AP IE a ET Dad. PET 0s 2 C7 Le TS, % 
b 2 1 4 CERES "BE * 5 wh "> F 2 . e 1 * REES 1 
To ft 55 ENS I SO OR FT nar po EAT RF PSS ORG ? 
e F 8 „„ r 
3 * MUSES HSE A nn es Gt”. 1 e J * 


r 
8 
5 n 


Chap. r. End of the Reign of Henry VIII. 43 
liares, ratione alicujus tranſgreſſionis, debiti, computi, con- 


ventionis, contractus cujuſcunque, dum fic in Parliamento 


* Regis morentur, capi aut arreſtari non debent : ſed nullam 
hujuſmodi conſuetudinem fore, quod quin implacitari de- 


bent, prout in brevi illo ſupponitur; ideo conſideratum eſt 


per Barones prædictos, quod breve illud diſallocetur, et quod 
prædictus Johannes Walſhe reſpondeat, brevi © predict non 
£ obſtante &c. 


T4: The next Caſe is that of Ryver and Coſins, taken from 
the Plea Roll of the Exchequer, Hi]. Term, 12* Edw, 4* 
Rot. 7. Here the defendant pleads the King's Writ, in which 
the cuſtom 3 is ſet forth as followeth: 


* Edwardus Dei gratia Rex &c. Theſ. et Baronibus ſuis de 
E Scaccarto, Salutem. Cum, ſecundum conſuetudinem in reg- 
no noſtro Angliæ hactenus optentam et approbatam, Do- 
mini Magnates et Milites Comitatuum, ac Cives et Bur gen- 
ſes Civitatum et Burgorum ad Parliamenta noſtra de ſum- 
« momitione noſtra venientes, et in eiſdem morantes ſeu reſi- 
dentes, ac eorum familiares et ſervientes ratione alicujus 
tranſgreſſionis, computi, conventionis, ſeu alterius contractus 


K 


a 


«a 


Ccujuſcunque, dum fic in Parliamentis noſtris morentur, ar- 
< reſtari minime debeant, impriſonari, · ſeu implacitari. Et 


< jam ex gravi querela &c. vobis mandamus quod, fi ita eſt, 
* tune placito illi ſuperſedeatis omnino &c. &c. Et prædictus 
Robertus Coſyn jam defendens dicit, quod ipſe ad reſpon- 
dendum non compelli debeat, et petit judicium et breve Pos 
dictum ſibi allocari &c. 

Et ſuper hoc, prædictus Johannes Ryver als. mod 
breve illud, pro eo quod non habetur, nec unquam habeba- 


N 


A 


A 


tur talis conſuetudo, quod Magnates &c. minime debeant 


implacitari, difallocetur,” 125 
G 2 Et 


— — ent cer erny OI 


— = ———— ec CSE (ñũööôR —-—-?:7wäd — —— — 


44 From the earlieſt Records to the _ Chap. r. 


Et ſuper hoc, The Barons, with the advice of the Judges of 
both the other Courts, reciting, verbatim, their opinion in the 
former Caſe of Walſh and Donne, that no ſuch cuſtom ex- 
* iſted to prevent their being impleaded,” diſallow the writ. 


I beg to refer the Reader to Mr. Prynn's Obſervations on 
theſe two Caſes, in the Fourth Regiſter, p. 762, as contain- 
ing matter of much — inſtruction. 


I 6. Within two years after this opinion formally delivered 
from all the Judges of England, that perſons entitled to Pri- 
vilege, capi aut arreſtari non debeant ratione alicujus tranſ- 
greſſionis &c. occurred the Caſe of a Member of the Houſe 
of Commons arreſted, ſitting the Parliament, and detained in 
Newgate for debt. 


The Record, as entered in che Parliament Roll, fourteentle 
Edward IV. N“. 3 Js is as follows: 


Prayen the Commens in this preſent Parlement aſſembled, 
that foraſmoche as William Hyde, Squyer, Burges of the 
toune and burgh of Chippenham in Wiltſhire electe, came 
by your high commaundement to this youre preſent Parle- 
ment, and attendyng to the ſame in the Hous for the Com- 


mens accuſtumed, after his ſaid. comyng, and duryng this 


your ſaid Parlement, was areſted at Lambhith in the counte 
of Surr', by colour of a Capias ad Satisfaciend', that was 
directed to the Shireff of Middleſex, and ſo there by myſche- 
vous men, murtherers, unknowen for any officers, taken and 
« withoute the ſhewyng of any warant, carried hym to Lon- 
don, at the ſute of John Marſhall Citezem and Mercer of 
« the ſame, for 691., ſuppoſed to be due to hym by the ſaid 


* Pa e 160. 2 
, 6 William, 


"ara 


25 r 8 1 r eb. Ont Betpt e 2 : wt x 8 2 
9 3 LS ws F 1 "IE "7 VL ES e %% õp ) nr ee 
n D 3 e FIR 1 I . r DN e 8 A ＋ E 4 * 4 = 
The inks e Re! 2 8 * b 53: iy © 5 = 3 SAY, LEE IEG 4 2 3 „ 


3 * 5 
Fee I”. Ds N 5 8 ; 


7 


* 
«i 
2 
* 
= 
© 
eat” 
FS 
3 
"oa 
70 
"+ 4M 
> 
X 
2 
1 
„ 
3 
e 
1 
Tres 
Koa 
—_ = 
Ws; 
* 5 
1 
5 CORE 
<4 OE 
an 
8 
ON 
. nds. 
_ 
ey 5 d 
© 3x 
Ys 
* 
= 8 2 
+ 
Bl”, 
' +64 
_ 
Es 
2 — * 
WS. 
; 14 5 
WT 
2224 
Re? 
ITE. 
7 oy 
by 
A 
8 
7 


L» 


4 I 
Eon 
37 
£8 
Rs To 
SE 
Pg 
L P2 
& 
1 * 
OF 
» 
82 
5 
5 
32 
< 
(x 
8 
5 
E £ 
E 
+ 
15 
5 
- NG 
BE; 
2 5 
FRESH 
—_— 
Gs 
8 
> 
BER 
3 
CR 
8 
2 
EX 
—_— 
5 . 
3 
N 
* oY 
=> 
FLEE 
ay 
LEGS 
3 <0 
L 
1 
3 
OS 
= 
N 
65 * — 
TX 
5G es 
bob 
3 
1 
3 4 5 
Fu 
- 
AE 
„ 
bs ©} 
3 7 
8 
3 
IS 
50 
2 
"IN 
WE” 
3 
* ” 
- 
3% 
"£250 
34 
n 
3 
pd” 
We 
Ky 
£4 
1 
N 
2 
Foes” 
© 278 
"= 
— 
* bs 
+, 
8 8 
> 
8 
1 
' 3 
- 
2 
1 
* 3 
5 
b x 
38 
8 
> 2M 
he 
by 1 7 
os 
8 
2 
> 
PIN 
"$3 
3 
3 
* 38 
8 
PIs. 
EN 
"ER 
£ * 
2 
5 
« 
34 


Chap. z. End of the Reign of Henry VIII. 45 


E 


„6 


6 


William, and for the ſame enpriſoned in the Counter there, 


and from thens had to Newegate, and as he had bee a trai- 
tour, and then brought to your Bench tofore your Juſtices, 


and by theym remytted to Newegate, and there in execu- 
tion for the ſaid 691. and for a fyne or fynes that belong- 
eth to your Highnes by meane and cauſe of the ſaid Suyte 
or Condempnation, or for other Sutes; and alfo for 
41. 6s. 8d. in which he was condempned to Thomas Gay 
the yonger, Citezein and Taillour of London, in an action 
of dette: and ſo for the premiſſez in the ſaid priſone of 
Newgate is reteyned, to grete delay and retardation of pro- 
cedyng, and goode expedition of ſuch matiers and be- 


ſoignes, as for your Highnes and the common wele of this 


your reame in this preſent Parlement were to be doon and 
ſpedde.— It pleas your Highnes by the advis and aſſent of 
the Lordes Spirituelx and Temporelx in this preſent Parle- 
ment aſſembled, and by auctorite of the ſame, to. ordeyne 
and ſtabliſh, that your Chaunceller of Englond have power 
to direct your writte or writtes to the Shirefs of London, 
commaundyng theym, and everych of theym, by the ſame, 


to have the ſaid William Hyde afore hym withoute delay ; 


and then to diſmyſſe hym at large, and to diſcharge the ſaid 
Shirefs and everych of theym of hym, of and for every of 
the premyſles, ſo that the ſaid William Hyde may attende to 
this your Parlement, as his duetie is to doo; and. that by 


the ſaid auctorite, neither your ſaid Chaunceller, Shirefs, 
neither any of theym, or any other perſone neither perſones 


in any wyſe be hurt, endamaged, charged, neither grieved by 
cauſe of the ſaid diſmyſſyng at large of the ſaid William 
Hyde. And alſo to ordeyne by the ſaid auctorite, that your 
right and entereſſe be ſaved in this behalf: and that the ſaid 


John Marſhall and Thomas Gay, and either of theym, have 


writte or writtes of execution in, of and for the premyſſes, 
after 


46 From the earlieſt Records ta the Chap. 1. 


© after the diſſolvyng of this preſent Parlement, as plenerly 
and effectuelly as if the ſaid William Hyde at any tyme for 
any of the premiſſes never had been areſted; the ſaid ar- 
reſtyng of the ſame William and comittyng of him to warde 
< notwithſtondyng : Savyng alwey to your Commens called 
© nowe to this your Parlement, and their Succeſſours, their 
© hoole Liberties, Fraunchiſes, and Priveleges, in as ample 
«© fourme and maner as your ſaid Commens atte any tyme 


< afore this day have had, uſed, and enyoied, and owe to have, 


< uſe and enyoie, this preſent Acte and Petition in any wiſe 
» notwithſtondyng. a 
KReſponſio. Le Roy le voet. . 


The only object which the Commons ſeem to have had in 
this application to the Crown was the releaſe of their Member ; 


for the law that a Member was not liable to be impriſoned 


for debt, ſitting the Parliament,” had been too lately and 
too ſolemnly adjudged, for them not to know how groſsly it 
had been violated in this inſtance : Mr. Hyde, however, being 
a priſoner in execution, it was neceſſary, as in the Caſe of 
Lark, Ne. 8, and Clerk's Caſe Ne. 13, to have an Act of Parlia- 
ment to ſave to the parties a right of a new Execution after 
the time of Privilege ; but the Commons did not think it ne- 


ceſſary to apply to the Crown for any redreſs for this breach 


of their Privilege; they had on a ſimilar occaſion received 


for anſwer from the King, v. Ne. 6, © that there was already 


« ſufficient remedy by law in theſe caſes;” they therefore 
cautiouſly provide by their petition, that this application ſhall 
not be underſtood in the leaft to infringe their whole Liber- 
ties, Franchiſes, and Privileges.—lIt is, indeed, ſomething ex- 
traordinary that, when all the twelve Judges had but two 
years before in two ſeveral inſtances adjudged, that a Member 
ought not to be impriſoned ratione — tranſgreſſionis, 

debiti, 


"If 
IM 


Chap. 1. End of the Reign of Henry VIII. 47 
debiti, computi, conventus aut alterius contractus cujuſcunque, 
yet when Mr. Hyde is brought up to the Court of King's 
Bench, that Court ſhould remand him to Newgate, and not 
immediately order him to be ſet at hberty : This circumſtance, 
added to the neceſſity which there appears to have been of in- 
demnifying the Chancellour and Sheriffs againſt any proſecu- 
tion at law as for his eſcape, induces me to ſuſpect that the 
opinion of the Judges, as delivered in the two former inſtances 
in the 12th Edward IV. was confined only to the caſe of per- 
ſons entitled to Privilege of Parliament, who ſhould be ar- | 
reſted and impriſoned on meſne proceſs, and that the right, 
which ſuch perſons had by law to Writs of Privilege and Ha- 
beas Corpus for their delivery, did not extend to perſons im- 
priſoned under a Writ of Execution; for if it was otherwiſe, 
1 Members and their ſervants had, when in execution for 
debt, a right by law to be releaſed by a Writ of Privilege, or 
that the law then was, that ſuch impriſonment was illegal, it 
is highly abſurd to ſuppoſe that the Lord Chancellour, who 
was by his office to iſſue this writ, or the Sheriffs, who 
were bound to obey it, ſhould, by their obedience to the law, 
make themſelves hable to the proſecution of the creditor, as 
for the eſcape of his debtor, or that the law would not at the 
ſame time have provided for a renewal of the Writ of Exe- 
cution ; both which however, we ſee, were neceſſary to be 
ſpecially declared by Act of Parhament*. This, therefore, I 


* It has been ſuggeſted to me, that the 
obſervation on this Caſe is not ſettled with 
ſufficient preciſion ; it being of great im- 


portance to determine this queſtion, — | 


Whether the Superſedeas and Habeas 
4 Corpus, and conſequently the real Pri- 
«< yilege of the Houſe of Commons, ex- 


* tended only to Arreſts on Meſne Pro- 


© ceſs, or to Executions alſo ??—And. 
that this is a point which a Commentator 
ſhould ſettle. _ 

To which I beg leave to anſwer, that 
the intention of this work is principally 
to produce the Caſes, and to leave to 
others to ſettle the law which ariſes out 


of them, | 
lay, 


48 From the earlieſt Records to the Chap. 1. 


ſay, makes me think that, at this time, the claim of Privi- 
lege of Parliament extended only to ſecure. perſons entitled 
to ſuch Privilege from being arreſted for treſpaſs, debt, &c. 
on meſne proceſs; and againſt ſuch arreſts the law gave the 
remedy of a Writ of Privilege, which releaſed the perſon of 
the debtor, and did not affect the rights of the creditor ; but 
from an arreſt on a judgment, it appears, both from Lark's and 
Clerk's Caſe, and the preſent, that there was, at this time, 
no other redreſs than a ſpecial Act of Parliament. 


17. Three years after this, happened the Caſe of John 


Atwyll, Burgeſs for Exeter, which is thus entered on the Par- 


hament Roll * 


1 Rol Parl. 17 Edw. IV, N.. 38. 


To the Kyng oure Sovereigne Lord, pr ayen the Comons 


in this preſent Parlement aſſembled, That, whereof tyme 
that mannys mynde is not the contrarie, it hath been uſed, 

that the Knyghtes of the Shires, Citezeins of Citees, Bur- 
* gies of Burghes, and Barons of Five Portes, of this your 
* reame, called to any of the Parlementes of your noble pro- 
« genitours, or your's, amonges other Libertiees and Fraun- 
£ chiſes, have had and uſed Pryvylege that eny of theym ſhuld 
not be empleded in any action perſonell, nor be attached 
by their perſone or goodes in their comyng to any ſuch 
Parlement there abidyng, nor fro thens to their propre home 
reſortyng, which Liberties and Fraunchiſes your Highnes to 
your Lieges called by your auctorite roiall to this your high 
Court of Parlement for the Shires, Citees, Burghs, and Five 
Ports of this reame by your auctorite roiall, atte commenſe- 
ment of this Parlement graciouſly have ratified and confirmed 
to us youre ſaid Comens nowe aſſembled by your ſaid roiall 


* Pape 191, 
* commaundement 


" * 5 
e T . 85 8 5 " r IN 8 
3 A 1 r / ET AER a OO SEN 1 * JF 
/ 77 
4 * * - BF. © C r LE hex... F : _ 


Chap. 1. End of the Reign of Henry VIII. 49 


£ commaundement in this your ſaid preſent Parlement :— 


.c 
4 
= 
6 
4 
£ 


'C 


N 


* 


And it 1s ſo, Sovereigne Lord, that where oon John Atwyll, 


one of the Citezeins of the cite of Exeter, comen to this 


preſent Parlement, and here contynielly attendyng uppon 
the ſame ſithen the commenſement therof, oon John 
Tayllour, callyng hym Merchaunt of the ſaid cite of Exeter, 


by vertue of eight dyvers feyned enformations made in your 
Eſcheker, hath condempned the ſaid John Atwyll duryng 


this preſent Parlement, by the defaute of aunſwere of the 
ſaid John, in eight times 201. the ſame John dayly attend- 
yng uppon the ſame Parlement, and not havyng knowe- 
lege of the ſaid condempnations ; uppon which condempna- 
tions dyvers and ſeverall writtes been directed to dyvers 
Shirefs of this your reame, ſome of Fieri facias, and ſome 
Capias ad Satisfaciend', ſo that the ſaid John Atwyll may 
not have his free departyng from this preſent Parlement to 


his home, for doute that booth his body, his horſes, and his 


other goodes and catalles neceſſarie to be had with hym, 
ſhuld be put in execution in that behalfe, contrarie to the 
Pryvilege due and accuſtumed to all the Membres uſuelly 
called to the forſeid Parlementes ; Be it therefore ordeigned, 


by the advis and aſſent of the Lordes Spirituelx and Tem- 


porell in this preſent Parlement aſſembled, and by the auc- 
torite of the ſame, That the ſaid Writtes of Executions, and 


every of theym, to be had uppon the ſame, in no wyſe to be 


executour, nor hurtfull to the ſaid John Atwyll, his heires 


nor executours, nor any of theym; and that the Chief 


Baron of the ſaid Eſcheker for the tyme beyng, have poiar 
by this ordenaunce to graunte withoute denyer, to the ſaid 


John Atwyll, his heires and executours, and every of theym, 
ſuch and als many Writtes of Superſedeas, uppon this or- 


1 | denaunce, 


1 
e q * 1 2 g e, 2 * 9 3 8 3 ed ERIE 4 : 
a e,, rn mere ng 7. 3 a n 2 ; OY . wr. e © "os * n _ 
2 e ? * * $4. * A 1 it: 4 + 7 FI l "Is 
— ä ů ey es ws _ 
4 . 


ö 
n 


1 2.6 os "oy 5 * 
2 8 e . 
EWG * 


2 
75 
9 
N 
f 
1 
4 
. 
* 
: 


$I oo Sean a 
"ty 3 : : ** 


3 een 
* ate * "RR n ryan ey tr 3 31 
82 2 WY YR” F , & © 6% 


. 


50 From the earlieſt Records to the Chap. 1. 
« denaunce, to every ſuch Shiref or Shirefs of this reame to be 
directe, to ſurceſſe of eny maner of execution, in that be- 
* halfe to be made or had, as to the ſaid John Atwyll, his 
heires and executours, and every of theym, ſhall be requi- 
* ſite : Savyng alwey to the forſeid John Tayllour his forſeid 
jugementes and executions, and every of theym, to be had 
and ſued atte his pleaſure ayenſt the ſaid John Atwyll at eny 
tyme after the ende of this preſent Parlement, this orde- 
naunce notwithſtondyng. 

Rep. Le Roy le voet.“ 


0 


LY 


FR, 


There are ſeveral matters worthy of obſervation in this Re- 
eord. (I.) This is the firſt inſtance I have met with, in 
which the Commons themſefves have claimed the Privilege of 
not being impleaded in any perſonal action, during the time 
of Privilege; it is alſo remarkable, that though they entirely 
ſuperſede theſe Writs of Execution, as having been obtained 
contrary to their Privileges, yet they pray no redreſs for this 
ſo extraordinary a violation of them. (2.) There is another 
claim made by the Commons in this Petition, of which kind 
nothing has occurred ſince the Caſe of the Prior of Malton, 
Ne. 5, in the ninth year of Edward II. above one hundred 
and ſixty years before, viz. ** that of not being attach'd in 
e their horſes or neceſſary goods and cattales; the King's 
anſwer, however, being general, Le Roy le voet,” confirms 
this to have been the Law of Parliament ; and as Prynn ob- 
ſerves, in the Fourth Regiſter, p. 775, This was the judg- 
ment of the King, Lords, Judges, and Commons too in that 
age, that the Members Privilege extended to protect their 
66 perſons, horſes, and neceſſary goods, which they carry with 
« them, from arreſts and executions during the Parliament, 
« and. 


es, 
3 
3 


Chap. 1, End of the Reign of Henry VIII. 51 
« and in coming to, and returning home from it.“ (3.) * They 
here certainly declare, that it is contrary to the Privilege of 
Parliament, that the body of any Member ſhould be put in 
execution, ſitting the Parliament; and yet we have ſeen, in ſe- 
veral foregoing inſtances, that, when this Privilege was broken, 
and the body of a Member was put in execution, fitting the 
Parliament, it was found neceſſary to make a ſpecial Act of 
Parliament for his releaſe; which ſeems to imply that the com- 
mon law had not in this inſtance provided any remedy for this 
right. (4.) They conſider the proſecuting and obtaining theſe 
Writs of Execution, fitting the Parliament, ſo totally irregu- 
lar, and againſt their Privileges, that they ſuperſede the opera- 
tion of them even in favour of Mr. Atwyll's heirs and exe- 
cutors. And yet, (5.) They think themſelves obliged, at the 
ſame time, to fave to this creditor his right to ſue theſe Judg- 
ments and Executions after the expiration of the Parliament. 


18. Notwithſtanding this formal claim by the Houſe of Com- 
mons, of their Privilege of not being impleaded in any Per- 
ſonal Action, and that this claim was admitted by the Lords, 
and confirmed by the King, the next Caſe, which occurred 
within a very few years, and in which the defendant ſets forth 
what he conceives to be the cuſtom and law of Privilege of Par- 
liament, does not include this privilege of not being impleaded 
in Perſonal Actions. Indeed we have ſeen in the two former 
Caſes, Ne. 14 and 15, that when this was attempted to be in- 
troduced as law, the Barons of the Exchequer, ſupported by 
the opinion of the reſt of the Judges, had diſallowed it. 


The Record is as follows : 


* See the Note Page 47. + Prynn's Fourth Regiſter, p. 576. 
H 2 Hil, 


* — — - 
— — —— —— —— — — — — — 


© 


52 From the earlieft Records to the Chap. r. 
*© Hil. 1. Hen. VII. Rot. 104.—Roo v. Sadcliffe. 


Et prædictus H. venit, & dicit quod ipſe eſt ſerviens fa- 


a) 


miliaris Johannis Savage, Mil. unius Militum Com. Staff. 
qui ad Parliamentum Domini Regis nunc de mandato ſuo 
« yenit. Et dicit, quod ſecundum conſuetudinem in regno ip- 
* fius Regis Angliz hactenus obtentam et approbatam, Do- 
mini Magnates, et Milites Com. et Cives et Burgenſes Civi- 
© tatum et Burgorum ad Parliamentum ipſius Dom. Regis de 
.*£ ſummonitione ſua venientes, aut eorum ſervientes et fami- 
liares ratione alicujus tranſgreſſionis, debiti, computi, con- 
ventionis aut alicujus contractus cujuſcunque, dum fic in 
* Parhamento prædicto morentur, arreſtari minime debeant 
aut impriſonari. Et hoc paratus eſt verificare. Et profert 
hic in curia breve Domini Regis nunc Juſtic. ſuis hic direc- 
tum, quod ſequitur in hæc verba: | 


a 


a 


A 


Henricus Dei gratia Rex &c. Juſticiarus ſuis de Banco. 


© Salutem. Cum ſecundum conſuetudinem &c.* and then 
the writ recites the cuſtom, as ſet forth before in the words of 


the plea; Vobis mandamus, quod placito illo ſuperſedeatis, 


_* ipſum contra conſuetudinem prædictam non moleſtantes 1 in 
aliquo, ſeu gravantes. 
Et ſuper hoc, iidem Juſticiarii viſo brevi illo ac allega- 


« tione ipſius defend. plenius intellecta, conſideratum eſt quod: 


prædictus defend. eat fine die &c. 


It may, indeed, be faid that it was not neceſſary to ſtate in 
this writ any more of the cuſtom than was abſolutely ſuffi 


cient for the particular ſituation of the defendant: Sadcliffe 
was arreſted and impriſoned under Meſne Proceſs; he only 
wanted to be releaſed; it was, therefore, not incumbent upon 


him to ſet forth in the writ any thing of the cuſtom of not 


being liable by the Privilege of Parliament to be impleaded; 


and. 


de * " 8 E 
: l 2 U SHEN 3 4 
* C — . Y > R . . 
- 63 | k * of 5 5 5 Ge N 
, : \ 3 8 8 8 C VVV 
: = 2 5 4 ; ! N x . „ 8 D 3 15 F CT nl 1 2 0 D 5: en ot edt ee UI ROE : r : word , - x Rob ale 
. 1 Ferre 5 : * 3 n J 3 > Root, IF . ON TRACI TEN NYSE n 3 RY „ I 5 Wy 2 & 
Re xy Tt — — 1 Ke $7 ? 3 2 SO IE TH EUs LS F * 1 des „ N e bm, 2 * 8 2 . x; Pe N . F n N 4 x 
- : » . 3 N. 5 . > LIBS "HOTEL 1 o e 4 EINE 2 ? 7 e 7 9 S . 4 ; 
, d . i WO LO Al I es Edt ah : As ; 
y —_ 1 . n WAITE 4 V * 8 2 * $0) 8 8 4 f 2 * N Ear * 
5 * <= RIC 3 D GD 8 WV 8 8 2 1 * 4 f 7 8 9 N 4 Sar Ih A mk > A ; A 
E I 7 TY -D 8 N > a8 — of Pres lo ne I goin e * r 3 CR ed are, * 5 
n Tags BR CN 8 REES . n 8 - e ; 


Chap. 1. Eud of the Reign of Henry VIII. 53 


and that therefore the authority of this Caſe, as to no ſuch 
euſtom's exiſting, is of no weight. 


Hitherto we have ſeen, that when a Member, or his ſer- 
vant, has been impriſoned, the Houſe of Commons have 
never proceeded to deliver ſuch perſon out of cuſtody by vir- 
tue of their own authority; but, if the Member has been in 
execution, have applied for an Act of Parliament to enable 
the Chancellor to iſſue his writ for his releaſe, or if the party 
was confined only on Meſne Proceſs, he has been delivered by 
his Writ of Privilege, which he was entitled to at common 


law. The next Caſe which occurs 1s therefore remarkable, as 


it introduces a new mode of . in this particular ; 


c 19. In the Lent ſeaſon, whilſt the Parliament yet con- 
© tinued, one George Ferrers, Gentleman, ſervant to the 
King, being elected a Burgeſs for the towne of Plimmouth, 


in the county of Devon, in going to the Parliament Houſe 


was arreſted in London by a proceſs out of the King's 
Bench, at the ſuit of one White, for the ſum of two hun- 
« dred Marks, or thereabouts, wherein he was late afore con- 
demned, as ſurety for the debt of one Welden of Saliſbury ; 
* which arreſt being ſignified to Sir Thomas Moile, Knight, 
then Speaker of the Parliament, and to the Knights and 


© Burgeſſes there, order was taken that the Serjeant of 


the Parliament, called S. J. ſhould forthwith repair to 
the Counter in Bread-ſtreet, whither the ſaid Ferrers was 
carried, and there to demand delivery of the priſoner. 
* Thereupon the Serjeant, as he had in charge, went to the 
Counter, and declared to the Clerks there what he had in 
« commandment ; but they, and other officers of the City, 
were ſo far from obeying the ſaid commandment, as, after 

many 


- £ bo = 45 cen 
a p — Scar * 
—— we? „„ 


54 From the earlieſt Records to the Chap. 1. 


* 


many ſtout words, they forcibly reſiſted the ſaid Serjeant ; 
whereof enſued a fray within the Counter gates, between 
the ſaid Ferrers and the ſaid officers, not without hurt of 
either part, ſo that the ſaid Serjeant was driven to defend 
himſelf with his mace of armes, and had the crown thereof 
broken by bearing off a ſtroke, and his man ſtroken down. 
During this brawle, the Sheriffs of London, called Rowland 
Hill and H. Suckley, came thither ; to whom the Serjeant 


complained of this injury, and required of them the delivery 


of the ſaid Burgeſs, as afore ; but they bearing with their 
officers, made little account either of his complaint or of his 
meſſage, rejecting the ſame contemptuouſly, with much 
proud language, ſo as the Serjeant was forced to return 
without the priſoner; and finding the Speaker and all the 
Knights and Burgeſſes ſet in their places, declared unto 
them the whole cauſe, as it fell out; who took the ſame in ſo 
ill part, that they all together (of whom there were not a 
few, as well of the King's Pryvy Counſel, as alſo of his 
Pryvy Chamber) would fit no longer without their Burgeſs, 
but roſe up wholly, and retired to the Upper Houſe ; where 
the whole Caſe was declared by the mouth of the Speaker, 
before Sir Thomas Audley, Knight, then Lord Chancellour 
of England, and all the Lords and Judges there aſſembled : 
who, judging the contempt to be very great, referred the 
puniſhment thereof to the order of the Commons Houſe. 

They, returning to their places again, upon new debate of 
the Caſe took order, that their Serjeant ſhould eftſoon re- 
pair to the Sheriffs of London, and require delivery of the 
ſaid Burgeſs, without any writ or warrant had for the ſame, 


but only as afore : Albeit the Lord Chancellour offered there 


to grant a writ, which they of the Commons Houle re- 
fuſed, being of a clear opinion, that all commandments and 
| | other 


- 
* 
9 
N 
my 
C 
* 
A 
4 
FE 
Ft 
; 
. 
x 
8 
8 
2 
{4 
po 
IF 
ke” 
*3H 
4 TX 
2 
a * 
13.8 
7 
* 
ITY 
- 
— 
„ 
0 
N . 
FF 
9 
Fs 
* 
FTA 
oy * 
2 
r 
3 
Yak 
Ke 
wa 1 
88 
py G 
$ 

* * 

CI? 

% 

75 

* Y 
mp7 

3 

& W 

7 a 

£4 

5 3 

8 . 
N : 

3 

pag, 

» * 
55 
1 Ws 

G 2 
4 #\ 

» 

[nr 
A 2 
= 

- [= 

* > 
* oe 

© 

IF 5 

© 

"a 
i. 

A 

* 

2 
'S 
"th 
* 2 
72 
IN 
Wy 
A - 

* 

XN 

2 
WR 
- SOR 
e 
"ER 
4 RO 
1 

be 
5 
„ 
* * 
3 
UN * 

> om. 

* * 
ys ts 
a, > 

"Its £7 
1 
e 
We © 
PR 
n 
© pq 

; 2 

6 
PR 
eee. 

I WIE 

4 > 

© IS 
8 
EOS 
BY 
SF 

J 1 
3 

* 
9 

* > 

A # 
© 
1 
bY . 
2 
ND 
x 
3 
— * 
2 
LG 
RX 
i 
os 


Chap. 1. End of the Reign of Henry VIII. 5 5 


other acts proceeding from the Neather Houſe, were to be 
done and executed by their Serjeant without writ, only by 
© ſhew of his mace, which was his warrant. But before the 
« Serjeant's return into London, the Sheriffs having intelli- - : | 
« gence how haynouſly the matter was taken, became ſome- 
* what more milde, ſo as upon the ſaid ſecond demand they 
delivered the priſoner without any denyal. But the Serjeant 
having then further in commandment from thoſe of the 
« Neather Houſe, charged the ſaid Sheriffs to appear perſon- 
« ally on the morrow, by eight of the clock, before the Speaker 
of the Neather Houſe, and to bring thither the Clerks of the 
Counter, and ſuch other of their officers as were parties to the 
« ſaid affray, and in like manner to take into cuſtody the ſaid 
White, which wittingly procured the ſaid arreſt, in con- 
« tempt of the Privilege of the Parliament. Which com- 
* mandment being done by the ſaid Serjeant accordingly, on 
the morrow, the two Sheriffs, with one of the Clerks of the 
Counter (which was the chief occaſion of the ſaid affray) 
* together with the ſaid White, appeared in the Commons 
« Houſe; where the Speaker charging them with their con- 
c tempt and miſdemeanor aforeſaid, they were compelled to 
make immediate anſwer, without being admitted to any 
« Counſel! ; albeit Sir R Cholmley, then Recorder of London, 
and other the Counſell of the City then preſent, offered to 
« ſpeak in the cauſe, which were all put to filence, and none 
« ſuffered to ſpeak but the parties themſelves ; whereupon 
in the concluſion the ſaid Sheriffs, and the fame White, 
c were committed unto the Tower of London, and the ſaid 
« Clerk (which was the occaſion of the fray) to a place there 
called Little Eaſe, and the officers of L. which did the ar- 
reſt, called Bayley, with four officers more, to Newgate, 
where they continued from the 28th until the zoth of 
March, 


1 
i 11 
1 
| 


} | 
47 
7 
! 
4 1 
10 
* 
3 
1 
Ly 
ta 
16 
4 


N 


2 
* 


55 From the earlieft Records to the Chap. 1. 


* March, and then they were delivered, not without humble 
* ſuit made by the Mayor of L. and other their friends.— And 
« foraſmuch as the ſaid Ferrers being in execution upon a con- 
* demnation of debt, and ſet at large by Privilege of Parlia- 
ment, was not by law to be brought again into execution, 
and ſo the party without remedy for his debt, as well againſt 
him as his principal debtor, after long debate of the ſame by 
the ſpace of nine or ten days together, at laſt they reſolved 
upon an Act of Parliament to be made, and to revive the 
execution of the ſaid debt againſt the ſaid Welden, which 
was principal debtour, and to diſcharge the ſaid Ferrers. 
But before this came to paſs, the Commons Houſe was 
divided upon the queſtion : but in concluſion the Act paſſed 
for the ſaid Ferrers, who won by fourteen voyces. —The 
King being then advertis'd of all this proceeding, called be- 
fore him immediately the Lord Chancellour of England, and 
his Judges, with the Speaker of the Parliament, and other 
the graveſt perſons of the Neather Houſe, to whom he de- 
clared his opinion to this effect: Firſt commending their 
wiſdome in maintaining the Privileges of the Houſe (which 
« he would not have to be infringed in any point) alledged 
„„ that he, being head of the Parliament, and attending in his 
«© own perſon upon the buſineſs thereof, ought in reaſon to 
have Privilege for him, and all his ſervants attending there 
« upon him. So that if the ſaid. Ferrers had been no Bur- 
« geſs, but only his ſervant, that in reſpect thereof he was to 
* have the Privilege, as well as any other. For I underſtand, 
quoth he, that you, not only for your own perſons, but alſo 
for your neceſſary ſervants, even to your cooks and horſe- 
„ keepers, enjoy the ſaid Privilege, inſomuch as my Lord 
« Chancellour here preſent hath informed us, that he being 
Speaker of the Parliament, the cooke of the Temple was 


6 arreſted ' 


-- ol 


60 


Chap. 1. End of the Reign of Henry VIII. 87 


6 * 


arreſted in London, and in execution upon a ſtatute of the 


« Staple. And foraſmuch as the ſaid cook during the Parlia- 


* ment ſerved the Speaker in that office, he was taken out of 
execution by the Privilege of the Parliament. And further, 
wwe be informed by our Judges; that we at no time ſtand ſo 
highly in our Eſtate Royal, as in the time of Parliament; 
* wherein we as Head, and you as Members, are conjoin'd and 
e knit together into one Body Politick, ſo as whatſoever of- 
e fence or injury (during that time) is offered to the meaneſt 
Member of the Houſe, is to be judg'd as done againſt our 
«© Perſon and the whole Court of Parliament; which preroga- 
tive of the Court is ſo great (as our learned Counſel inform- 
eth us) as all acts and proceſſes coming out of any other 
« inferior Courts, muſt for the time ceaſe and give place to 
3 "Ts higheſt. And touching the party, it was a great pre- 
« ſumption in him, knowing our ſervant to be one of this 
« Houſe, and being warn'd thereof before, would nevertheleſs 
« proſecute this matter out of time, and therefore well wor- 
„ thy to have loſt his debt, which I would not wiſh, and 
therefore do commend your equity, that having loſt the 
« ſame by law, have reſtor d him to the ſame againſt him who 


« was the debtor ; and this may be a good example to other, 


« not to attempt any thing againſt the Privilege of this Court, 
* but to take the time better.“ Whereupon Sir Edward 
0 Montague, then Lord Chief Juſtice, very gravely declared 


his opinion, confirming by divers reaſons all that the King 
« had ſaid, which was allented unto 13 all the e none 
« ſpeaking to the contrary. 


Such is the hiſtory of this tranſaction, as related by Hol- 
linghead, to have paſſed in the thirty- fourth year of the Reign 
of Henry VIII. It is certainly very extraordinary, that every 

I | Privilege, 


58 From the earlieſt Records to the Chap. 1. 
Privilege, which has been in later times claimed by the Houſe 
of Commons on the arreſt of any of their Members, ſhould be 
here inſiſted on and exerciſed, to as great an extent, in this firſt 


inſtance, as it has ever been ſince admitted by law to exiſt. 
(1.) Firſt, the Member arreſted was delivered, not by virtue of 


an Act of Parliament, though in execution, nor by any Writ of 


Privilege, but by the Serjeant, without any other warrant than 
his mace, even though the Lord Chancellor offered them ſuch 
a writ. (2.) The parties, who oppoſed his delivery, were im- 
priſoned, by the Houſe of Commons, ſome in the Tower, ſome 


in Newgate. (3.) The creditor himſelf, who procured the ar- 


reſt, was alſo committed for his contempt of the Privilege of 
Parliament. And theſe powers, ſo exerciſed, though I have not 
found the leaſt trace of any one of them in the foregoing in- 
ſtances, were admitted by all the Judges of England to be le- 
gal. It is ſaid, indeed, in Moore's Reports *, that afterwards, 
in the ſixth year of Queen Elizabeth, Dyer, when Chief Juſ- 
tice, ſaid, That if a man is condemned in debt or treſpaſs, 
« and is elected a Member of Parliament, and then is taken 
* in execution, he cannot have the Privilege of Parliament; 
« and ſo it was held by the ſages of the law, in the Caſe of 
« Ferrers, in the time of Henry VIII. Et coment que le 
« Priviledge a ceo temps fuit a luy allow, ceo fuit minus 
c juſt,” But Dyer himſelf citing this Caſe of Ferrers, in his 
Reports+, mentions it without blame. 


There are, however, ſo many new and extraordinary circum- 


ſtances attending this Caſe of Ferrers, that I own I am apt to. 


ſuſpect that the meaſures which were adopted, and the doc- 
trine which was now firſt laid down with reſpect to the extent 
of the Privileges of the Houſe of Commons, were more owing 


Page 57. Page 61. 


— 


2 
* 1 1 5 


. 7 4 . 8 7 » . 
. 3 5 5 3 6 
jon” OI a 3 — x4 8 23 
Fin NF N en — 8 be 4 1 F le aa ot. 5 SPY D 2, 
9. AS . 8 r n Fu ; 
F R * 5 2 r 


Fs FF CEN PII 


. 
JET 
Sn 
K's, 
42 2 
1 
3 
Ne 
* os 
24 
FF 
CPE) 
IE 
7 
* 
bs 
N A, 
2 ES 2 
8 
rec Ws 
Wo the * 
3 


Chap. 1. End of the Reign of Henry VIII. 59 
to Ferrers's being a ſervant of the King's, than that he was a 
Member of the Houſe. of Commons. The King, in his argu- 
ment in favour of Parliamentary Privilege, relies much upon 
this; and it is difficult to explain, why, if Ferrers had been 
conſidered only in the light of a Member, the Commons, in the 
Bill which they paſled to reſtore to the creditor his debt againſt 
the principal, did not alſo revive it againſt the ſurety, agree- 
able to the principles both of Law and Equity, upon which they 
had acted in every former inſtance*. Prynn, in the Fourth 
Regiſter , very juſtly obſerves, that there were aggravating 
circumſtances attending the manner of the arreſt, which might 
provoke this extraordinary interpoſition of the Houſe of Com- 
mons.—(1.) Ferrers was only ſecurity for the debt. (2.) He 
was arreſted as he was actually going to the Parliament Houſe. 
(3.) White, who procured the arreſt, knew him to be a Mem- 
ber, and a ſervant of the King's. —The mode of interpoſition 
was however certainly new, and perhaps Lord Herbert judges 
right, when he ſuppoſes it gained the King's approbation, * that 
He, whoſe maſter-piece it was to make uſe of his Parlia- 
<< ments, might not only let foreign Princes ſee the good in- 
<< telligence between him and his ſubjects, but might alſo keep 
«© them all at his devotion.” . 


20. Within two or three years after this very memorable 
Caſe, occurs that of Trewynnard, in the 36th and 37th Henry 
VIII. of which the Record is as follows : 


* The following obſervation was made 


by a friend, to whom I ſhewed the work 


before it was printed. It is true they 
certainly had done ſo in former inſtances ; 
but whether that was agreeable to the 
principles of Law and Equity, depends 
on the queſtion of What was the real Pri- 
vilege of Parliament in Caſes of Execu- 


I 2 


tions ?—lIf the Privilege did extend to Exe- 


cutions, thoſe Acts in favour of the plain- 
tiff were ex gratia, and might be made 
in what proportion the Houſe thought pro- 


per for his benefit, under the particular 


circumftance of the Caſe, 

+ Page 859. 

4 Prynn's Fourth Regilter, p. 780. 
Ait. 


60 From the earlieſt Records to the Chap. 1. 


A HFil. 36 Hen. VIII. Rot. 39. in Ban. Regis. 
Laurence Courtney and Richard Tomyewe, executors of 
John Skewes, Eſq; brought an action of debt againſt Ri- 
* chard Chamond, Eſq; late Sheriff of Cornwall, for 741. 158. 


pro eo, viz. quod cum prædictus Johan. Skewes in vita ſua. 


« proſecutus eſt quoddam Breve Dom. Regis Vice Comiti dicti 


« Comit. Cornubiæ directum, et coram Juſticiariis dicti Dom. 
Regis de Banco retorn. recitans quod idem Vice Comes præ- 


© ciperet Willo. Trewynnard, quod reddat prædicto Johanni. 


* Skewes, 751.'—After a long recital of the proceedings, and of 
the judgment given againſt Trewynnard for the rent due, 


and his damages . Poſtea, ſcilicet præceptum fuit per Breve 
Dom. Regis Vic. Cornub. quod exegi faceret prædict. Wil- 


« lielmum Trewynnard, quouſque ſecundum legem et conſue- 


a) 


tudinem Angliæ utlagaretur, fi non comparuiſſet, et fi com- 
paruiſſet, tune eum caperet et in priſona ſalvo cuſtodiri face- 
ret. On 12th November after, Will. Trewynnard, quinto 
* exactus, comparuit, & ſe reddidit Vice Com. Cornub.'— 
And that, afterwards, the ſaid Trewynnard being then in cuſ- 
tody of the Sheriff, on. the 2oth. of March, the ſaid Richard, 
Chamond let the ſaid Trewynnard go at large, without ſatiſ- 
fying the ſaid Skewes (then alive) in his rent and damages. — 
To this Richard Chamond pleads, that the ſaid executors 


ay 


ought not to have their action againſt him, becauſe that the 


ſaid William Trewynnard being, as ſtated, in his cuſtody, 
he received the King's Writ on the. 21ſt day of February, 
directed to the Sheriff of the county of Cornwall, in theſe 


words: 


Henricus Octavus, Dei gratia Rex &c. Vic. Cornub. Sa- 
© lutem. Cum ſecundum conſuetudinem in regno noſtro An- 
« glix hactenus obtentam et approbatam, Domini Magnates, 

© et 


WAS eat Bs Doe; I oe > « - 8 5 
2 S F > n 1 8 8 n n 1 
ow r e in Ge TI SR 88 8 0 nt” 5 es 8 2 
r Eo 28 >. 5 „ e af 2 ob ne Eg Ade rn RS 
4%": PC 3 2 75 IE LS l ME Is +, = 5 y - 
2 * Su FERC N , Tn 5 x FEM 4 - — * n 1 ; . 8 


= 2 7 £ 

2 1 3 I Yrs 2 bt N ; 7 A 
J nee ERNIE 
JELLY. 4 _ o7 8 7 OY he PE Bi «nt 
% WT 3; 5 . <4 58 ON 
* eee ee . a 


Chap. 1. End of the Reign of Henry VIII. 617 


c 
Cc 
C 
c 
6 
6 
1 


C 


et Milites Comitatuum, ac Cives et Burgenſes Civitatum et 
Burgorum ad Parliamenta noſtra de ſummonitione noſtra ve- 
nientes, ſeu venire intendentes, aut in eiſdem circa ardua ne- 
gotia ſtatum et utilitatem regni noſtri prædicti concernentia 
attendentes, ſub protectione noſtra liberi et quieti de omni 
arreſtatione aut impriſonamento corporum ſuorum ratione 
alicujus tranſgreſſionis, debiti, computi, conventionis, aut 
alicujus alterius contractus cujuſcunque eſſe debeant, ac tem- 
poribus retroactis conſueverunt: Ac jam ex querela dilecti 
noſtri Willielmi Trewynnard unius Bergenſium Villæ ſive 
Burgi noſtri de Helſtone, in comitatu Cornubiæ predicto, ac- 
cepimus, quod ubi ipſe ad præſens Parliamentum de ſummo- 
nitione noſtra venire intendiſſet et paraſſet: tu tamen ad hoc 


conſiderationem non habens, præfatum Willielmum virtute 


cujuſdam Brevis noſtri de exigend. verſus ipſum Willielmum 
ad proſecutionem cujuſdam Johannis Skewys extra Curiam 


noſtram ad placita coram nobis tenend. remanent. ſub ar- 


reſto ac in priſona detines, ut dicitur, ita quod ad Parlia- 
mentum noſtrum prædictum venire non poteſt, in ipſius 


Willielmi dampnum non modicum et gravamen, et contra 


conſuetudinem ſupradictam. Tibi præcipimus, quod fi ita 
eſt, tunc ipſum Willielmum dearreſtari, et a priſona qua, ea 
occaſione, ſeu alia occaſione quacunque, contra conſuetudi- 
nem ſupradictam detinetur, ſine dilatione deliberari facias. 

* Teſte meipſo apud Weſtm. 22 die Febr** anno regni 
noftri 33 | 


By virtue of which Writ of Privilege, afterwards, on the 


2oth of March, Chamond pleads that he delivered Trewyn- 


nard, and ſuffered him to go at large. Unde petit judicium 
fi prædicti Laurentius et Ricardus actionem ſuam habere de- 
beant. To this plea the plaintiffs demur.—Prynn, in the 


Fourth 


— 


- 
—— 2 — rr Ws 7 
— — 


0 
— 
— 
— 

. 4 


i . —— oa l 
— - — — 
a — CEE DIY TAL I Hs ry So Ts nts 11> LE ILSS SO 6 Pete 
> * r 
. En N 2 ; 7 
; * . - — 
7 + . » P » 
" s 85 e 
0 * * Os — » 
* n — 1 2 Fs OLE OP COS S 
dS re a Slog * 5 7 29 5 


62 From the earlieſ} Records to the Chap. 1. 


Fourth Regiſter *, ſays there was no Judgment or Reſolution 
of the Court entered in the Record; and Dyer, who reports 
the Caſe, ſays , Quære ſequelam hujus placiti.—I ſhould not, 
therefore, have taken any notice of this Caſe, but in order to 
introduce what Dyer, who appears to have argued the point 
as Counſel for the Sheriff, has ſaid upon it in his Reports . 
« And there are three matters to be conſidered in this Caſe : 
(I.) Ou le privilege ſoit grantable, en ce cas, pur un Bur- 
10 geſs de Parlt. eſteant arreſt ſur le br dexet. (2.) Item, Si 
le privilege ſoit grantable, ou le partie per & enlargement 
« ſerra clere diſcharge dexeẽ a touts jours enũs le partie, ou 
« forſque pur le temps del Parliament. (3.) Item admit que le 
1 priviledge neſt allowable en le caſe, unc ou le viẽ per ceſt br̃ẽ 
ce et garrant del Roy, precedant del Parliament, ſerra ſufficient 


A 


© excuſe et diſcharge vers le partie pltf del debt.—Et al prim. 


il ſemble le privilege allowable, car quand les Members ſont 
% returne, lour parſonal attendance eſt cy neceſſary al Parlia- 
% ment, que ils ne doient pur aſcun buſineſs eſtre abſents, et 
« doncques il enſua que le perſon de cheſcun tiel Member 
« doiet eſtre privilege d' arreſt al ſuit d'aſcun private perſon, 
durant cel temps que il eſt embuſied entor les affaires del 


« Roy et ſon realme. Et tiel priviledge ad eſtre touts foits 


« graunt per le Roy a ſes Commoners, al requeſt del Prolocu- 
« tor del Parliament le primer jour &c. Dongs common rea- 
„ ſon voit que' entant que le Roy et tout ſon realme ad un 


« jntereſt en le corps de cheſcun des dits Members, il ſemble 


que le private commoditie de aſcun particuler homme ne 
«« doiet eſtre regard, car eſt un maxime, ꝗd' magis dignum 
« trahit ad ſe minus dignum, iſſint eſt a conclude que ceſt 
«« Court de Parliament eſt le pluis haut Court, et ad pluſors 


» Page 789. + Page 61. 1 } Page 39. 


«« priviledges 


. AAA ² 
2 SES — ry G — * * n. 
e - 7 F nba 3 
* 8 PRE dau 


* . . 
ls 
2 Fogel I PE STE Hers WES 


Chap. 1. End of the Reign of Henry VIII. 63 


cc 


6c 


cc 


cc 


6c 


66 


6c 


cc 


ce 


cc 


cc 


«cc 


EC 


cc 


£6 


«cc 


c6 
cc 


c 


cc 
cc 
cc 
cc 
£4 
cc 
6c 
on 
cc 
10 
ec 


cc 


priviledges que aſcun auter Court del realme ; per que ſem- 
ble, que en cheſcun caſe ſans aſcun except, cheſcun Burgeſs 
eſt priviledge, quant larreſt neſt forſque al ſuit dun ſubject : 
Et le caſe icy eſt melior, entant que execut® fuit ſue durant 
le Parliament, en quel caſe le pltf fuit al election de ſuer 
execution de ſon corps, ou de ſes terres et biens. Et auxi 
cheſcun priviledge eſt per preſcription, et cheſcun preſerip- 

tion que ſound al common weale eſt bon, coment que il ſoit 
prejudice a aſcun private perſon. —Al ſecond matter; il 
ſemble que le party neſt diſcharge dexecution a touts jours, 
mes pur certain temps, car il neft impertinent meſque un 
judgement poit un foits eſtre executed, ct auterfoits execu- 
torie. Et al tierce, Semble que le Vicont neſt chargeable : 
Et mittomus que le Vicount uſt diſobey ceſte briefe, quel 
damage eſteroit il? Verament endaunger de perjury, et auxy 
de impriſonment de ſon corps, et raunſome al volunt le 
Roy: et ceo fuit en ure en meſme le Parliament vers Row- 
land Hill et Suckley, les Viconts de Londres, queux fue- 
rent commit al Tower pur lour contempt, pur ceo que ils 
ne voile leſſer George Ferris, que fuit arreſt ſur un execu- 
tion, d' aler a large, quant les Serjeants del Armes vient pur 
luy ſans aſcun briefe. Et il appiert pleinement per le 
briefe, que ils fuerent clere en le Parliament que le partie 
duiſt aver le privilege en ceſt caſe, car auterment le briefe 


ſerroit forſque Habeas Corpus cum cauſa, quel brief eſt 


ſouvent foits graunt devaunt ceo que les Juſtices ſont agrees 

le quel le priviledge giſt en le caſe ou nemy, et ſils trove 
que neſt grauntable en le caſe, doncques ils remaund le mat- 
ter ove procedendo &c. per que &c. coment que le Parlia- 
ment erra en le graunt del briefe, uncore ceo neſt reverſible 
en auter Court, ne aſcun default en le Vicont, per que.” 


We 


64 From the earlieſt Records to the Chap. 1. 


We muſt remember, in reading this Report, that Dyer was 
not at this time pronouncing the law as a Judge, but arguing 
in ſupport of his client; and therefore, as it was his duty to 


lay down the extent of Privilege of Parliament as large as poſ- 


fible, it may fairly be concluded, that the law of Privilege was 
at this time confined within the limits that he has here de- 
ſcribed. This conſideration may excuſe me for preſuming 
to differ from ſo great an authority with reſpect to his 
opinion on the ſecond point, viz. © That the party was diſ- 
* charged from the Execution only for a certain time.” All 


the preceding Caſes, confirmed by the ſubſequent ſtatute of 


James I. ſhew that the law was otherwiſe, and that the Writ 


of Execution, when executed, could not be revived but by Act 
of Parliament. 


It ſhould ſeem, from the concluding words of the Report, 
that this Writ of Privilege was directed to be iſſued by an Or- 
der of the Houſe of Commons ; and though nothing appears 
in the Record to juſtify this ſuppoſition (nor has any thing of 
this ſort yet occurred in any of the former inſtances) we ſhall 
fee that, within a very few years, this idea was adopted by the 
Houſe of Commons; and it was eſtabliſhed, that no perſon 
ſhould apply for a Writ of Privilege without a warrant for 
that purpoſe firſt obtained from the Speaker. It appears, from 


the dates of the proceedings in this buſineſs, that this Seſſion of 


Parliament began on the 14th of January; that Trewynnard 
had ſurrendered himſelf on the 12th of November preceding ; 
that the Writ of Privilege was iſſued on the 22d of February; 


and that he was not delivered out of priſon till the 2oth of 


March. Why then did the Houſe of Commons, who had fo 
lately been alarmed, and proceeded in ſo extraordinary a man- 
ner on the impriſonment of Ferrers, ſuffer this Member to 


continue 


Chap. 1. End of the Reign of Henry VIII. 55 


continue in cuſtody above two months after their meeting ? 
Perhaps his being in cuſtody at the commencement of the 
Seſſion, on a judgment iſſued during a very long prorogation, 
might, in their opinion, diſtinguiſh this caſe from that of a 
Member arreſted as he was coming to the Parliament Houſe ; 
or perhaps, as I have ſuggeſted before, they would not have acted 
as they did in the caſe of Ferrers, if he had not been a ſervant 
of the King, and if, for that reaſon, the affront had not 
been conſidered by the King's Privy-Counſellors, and thoſe of 
His Privy Chamber, of whom there were not a few, as offered 
to the King himſelf. pigs 


| Theſe twenty Caſes, though there may be many more, are 
all that I have met with, prior to the Reign of Edward VI. 


And here it may not be diſagreeable to the Reader to ſtop 
for an inſtant, and to endeavour to collect from theſe inſtances, 
what was the more ancient doctrine of the extent of Privilege 
of Parliament, as claimed by Members of the Houſe of Com- 
mons. 


And firſt, It has hitherto been confined expreſsly to the Mem- 


bers themſelves, and to their ſervants, “ familiares, waiting 


on them during their attendance in Parliament. 


Secondly, It has not been extended, in point of duration, 
beyond the time of their coming to Parliament, their reſiding 
there, or returning to their homes; except in the Writ of Pri- 
vilege ſued out in the laſt Caſe of Trewynnard, which was to 
perſons „ venientes ſeu venire intendentes.“ 


Thirdly, No Caſe has occurred where the ſuit or proſecu- 
tion, againſt the perſon claiming Privilege, has been for any 
| K e other 


— ——— — —E—ER8ðññ—ꝛ—ñꝛ ⁵ — — — 


1 29 W 


. 
* * . * 
RR - 


e 


2 — 


3 * * 4 wet 
2 nes, > 7 
. 4 "Sor Ld 2 
„„ 


—— 
Go gs 


66 From the earlief} Records to the Chap. 1. 


other than a civil cauſe, *«* tranſgreſſionis, debiti, computi, 
* conventionis, aut alterius contractus cujuſcunque.” In- 
deed, in Lark's Caſe, in the year 1430, the Commons ſtate 
their Privilege to be free from all arreſts, except for treaſon, 
«« felony, or ſurety of the peace; and in Thorpe's Caſe, in 
14.56, the Judges declare, that if any Member of Parliament 
* be arreſted in ſuch Caſes as be not for treaſon, or felony, or 
& ſurety of the peace, or for a condempnation had before the 
„ Parliament, it is uſed that all ſuch perſons ſhould be re- 
« leaſed of ſuch arreſts and make an attorney, ſo that they 
may have their freedom, and liberty freely to intend upon 
« the Parliament.“ But in neither of theſe Caſes,. nor in any 
other that we have yet met with, 1s there any proceeding, to 
explain the preciſe meaning of theſe words * Surety of the 
« Peace,” or to ſhew how far they were then underſtood to 

extend to indemnify perſons, entitled to Privilege of Parlia- 
ment, from any ſpecies of eriminal proſecution. 


Fourthly, Though the elaim of perſonal Privilege, or of 

being free from arreſts in civil ſuits, is general, I cannot, as I 
ſaid before, but ſuſpe&, as well from the expreſſions uſed by 
the Chief Juſtice, in delivering the opinion of the Judges in 
Thorpe's Caſe, condempnation had before the Parliament,” 
as from other circumſtances,. that originally it was underſtood 
to extend only to perſons arreſted on meſne proceſs, and not: 
to thoſe taken in execution; and I am ſupported. in this. 
opinion, by the argument, which ariſes from the remedy pro- 
vided by the Common Law for the delivery of perſons arreſted 
on meſne proceſs, viz. a Writ of Privilege; whereas in 
the other caſe, we have ſeen that it was thought neceſſary to 
apply for a ſpecial Act of the Legiſlature, not only to enable the 
Chancellour to iſſue his writ for the releaſe of the Member ſo 
taken in execution, but even to indemnify him for the iſſuing 
| that 


8 7 * . 75 A "AT ö » * 6 5 MAE. * 3 
F 3 ; 3 TAE WOE 3 EFT 8 
nd Is het \ 3 CF 5 Cc n . 3 8 
5 J TTT Ss TIT tn er EIA PRs. OS enn e ? w 
D ate a Le AE IE et es n 9 2 N * Q 8 Pos 0 ” ! 12 6 : 
. . e r * my 
5 . . 


n ö GE. 
2 Ae IEC 0 * 8 CCF 
1 CC e 
8 2 5 | ES a Ss 
n!!! of tbe hes 33 3 n 
A. Ra 6 * - at") LEGS 4 Dy” 5 2 > 
E Hogs $55 ECW OW te Fe 
ue FC 1 . r ** 7 5 - 2 
> 3 5 5 5 


8 writ, and the ſheriffs and other miniſterial officers for 


obeying it. And, when the Judges ſay, in Thorpe's Caſe, 


ce that the perſon arreſted is to be releaſed and to make his 
«« attorney,” this ſeems to imply that he is to be releaſed only 
on ſome proceſs prior to the final judgment; for to a judg- 


ment I apprehend the party could not anſwer by his attorney, 


but, if he does not ſatisfy the debt and coſts, muſt ſuffer in 
his proper perſon. 


Fifthly, The only Caſes I have hitherto met with, which 
ſeem to imply a Privilege, that the goods of a Member ſhall 
not be taken in execution, are (1) That of the Maſter of the 
Temple, N' 1. (2) The Caſe of the Prior of Malton, N* 5. 
(3) Atwyll's Caſe, Ne 17. And this laſt is the only one that re- 
lates to Members of the Houſe of Commons; and in the two 
latter of theſe Caſes, the claim is expreſsly confined to ſuch goods 
and chattels, as it was neceſſary the Member ſhould have with 
him during his attendance in Parliament, or in returning to 
his home. 


There is an expreſſion in Dyer's argument in Trewynnard's 
Caſe, from which one may collect that it was his opinion, 
«< that the lands or even goods of a Member were liable to 
* execution, even during the fitting of Parliament ;” for he 


ſays, Et le Caſe icy eſt melior, entant que Execution fuit 


4 ſue durant le Parliament, en quel caſe le Pltf. fuit al Elec- 


* tion de ſuer Execution de ſon cor ps, ou de ſes terres et 


6 biens. 


1 The laſt "IF of Privilege which may be col- 
lected from any of the foregoing Calm... is, that of not being 
impleaded dur; ng the attendance in Parliament. I have 

| K 2 obſerved 


- _ 
A : - —_- — 
0 — Ec ant — — — * 
0 —ͤ—ũ—E . — — — 


68 From the earlieſt Records to the Chap. r. 


obſerved before, that, except the Caſe of Bogo de Clare, Ne 2. 
and the Writs. of Superſedeas, Ne 3. cited by Sir Edward Coke, 


nothing appears in favour of this claim till the two Caſes in 


the Exchequer, N* 14. and 15. in the year 1474: in which the 


Barons, aſſiſted by the reſt of the Judges, declare that no ſuch 


cuſtom did then exiſt. In Atwyll's Caſe, 17 Edward IV. 
where the Commons, for the firſt time, inſiſt on the Privilege 


of not being impleaded in any perſonal action, though they 
complain that the judgments obtained againſt Atwyll were 


on feigned informations, he being then attending in Parlia- 
ment, and not having knowledge of the ſaid condempnations, 
yet, notwithſtanding this irregularity, ſo ſubverſive of their 
Privileges, and indeed ſo contrary. to the principles of natural 
juſtice, they think themſelves. bound to ſave to the creditor 


his right to a judgment, and new executions, to be ſued after 
the concluſion of the Parliament. 


Seventhly, We have. ſeen in theſe-ſeveral inſtances the dif- 
ferent modes, by which perſons, who have been arreſted or 


impriſoned, have been releaſed from their confinement. In 


the Caſes of Lark Ne 8. of Clerk Ne 13, and of Hyde N' 16. 
which were. of perſons taken in execution after judgment, no 
Writ of Privilege appears to have been applied. for, but tho 
Commons went by petition. to the King, and obtained a 
ſpecial Act of Parliament for their releaſe. In Sadcliffe's Caſe 
Ne 18, where the Defendant was arreſted on meſne proceſs, 
a Writ. of Privilege iſſued, under which he was ſet at liberty 


by order of the Court. It does not appear that any judgmens 
was ever given in the Caſe of. Trewynnard N' 20, from whence- 
one might have. collected, how far the Sheriff was juſtified, 


by law, in obeying that Writ of Privilege, which iſſued to re- 


teaſe, a Member then a priſoner in execution. The only in- 


ſtance. 


* 
l e p I 
. : EG 2 ͤ˙ . ET 

K Org; n 2 n as Ho e 1 

N A 8 þ 8 1 * N 8 W 
7 #7 I 

8 RS ado 

8 e 

r SOTO 
zei 


— >." . a 1 - TRY 
toc re - : 3 5 W 
FE . V i ERS 9 3 3 n 5 e e dg, 
8 8 3 r e Le Be * Ta EIS Pr * +. 22 * JA ern She np, 
es 2 TEL 2 . NR . 5 r 8 5 % N 8 r 7 2 3 p 
OPER > Fed ih” FL IT, ß re WA 9ST LS . "Ss d ae So E224 RAYS FE; D n , 
% on ro Ib at AD BID 1 Er en ð ßßßßßßß do io OR Ro RET M60. tb oe ARS ET NS 


- "x 
"8 


Chap. r. End of the Reign of Henry VIII. 69 


ftance in which we have ſeen the Houſe of Commons inter- 
poſe by their own authority, and deliver their Member with- 
out the aſſiſtance of a Writ of Privilege, or of an Act of Par- 
hament, is that of Ferrers ; and of this, and the ſeveral cir- 
cumſtances attending it, having before given my opinion, I 
{ball leave it to the judgment of the Reader. 


CHAP, 


(90-3 


CHAF. I 


FROM THE REIGN OF HENRY VIII. TO THE END OF 
THE REIGN OF QUEEN ELIZABETH, 


E are now come to a period from which the original 

Journals of the Houſe of Commons are extant; though, 
during the reigns of Edward VI. Queen Mary, and Queen 
Elizabeth, the entries are ſhort and imperfect, and for ſome 
years, at the end of the reign of the latter of theſe monarchs, 
the Journals themſelves are miſſing. I do not mean to in- 
ſert, in the future progreſs of this work, every inſtance that 
is to be found of Privilege claimed or allowed, eſpecially 
where there are, as in the more common complaints of breach 
of Privilege, ſeveral entries of the ſame ſort : I ſhall confine 
myſelf to thoſe Caſes which appear to me the moſt intereſt- 
ing, and theſe I ſhall diſpoſe in the order of time in which 
they happened. 


his 


21. On the 14th of January 1548, the Privilege of the 
Houſe is granted to John Keyſar, ſervant to Sir Ralph Vane *. 
On the 7th of February 1 548, it is ordered, That J. S. ſervant to 
Sir A. Wyngfylde, ſhall have a Writ of Privilege . And there 
are ſeveral other ſimilar inſtances in the reigns of Edward VI. and 
Queen Mary, of Privilege allowed to the ſervants of Members. 


* See the 21 January 1548. - February 1552; the 24th February 15523 
+ See the 18th January 1549; the 19th and the 15th November 1553. 


22. On 


Yi 


4 Ft od > \ Wh. 3 2 . = 8 N $ 3 - x; o * . 5 7 8 « 
; | - ; 8 oe Te PPP WP 3 . N N 
, N n 1 W C ˙ Rr Poon ys, «2 8 WA „ ę c cc e e 9 WWWWWWWWCWWTWTTTWWTTWWWWW 5 . 
E x T : ** 6 * Sk * * % — 7 9 * 5 7 * reer 8 WY. 4 2 AAA Sch ETD —2 1 N —— rr 2 r i © * n n 8. 2 5 > +2 * 8 * ere * I 
NE fared aa , E PH GER 7 Eran we 3 3 e 2 SLED 5 W ee er IO RE E 7 n Ao tr Bb CooL aL Fnee OT: 4 r md * 7 
5 Ns SC el ²˙ e 6 oe ES . v5 Os RE: 8 u EE WE TSS . 3 OK, b 
A or WR AT tera y DER and ee Pye EE EO OE "WR ADH 


POE CIOS ; 2 7 N 15 A Y _ 
ad ne Rt Ego Re NL 
222ͤ;̃ ] d 1 LE NE eToys OT, 

KITS 


A 4 
8 Pee 2 1 mk ES - 
S 
8 8 S Ä 
S 1 oF TY nf Th, 
. 1 N a Ls 
z N 1 2 — 
9 at EA, on NR 
— * A rern 
2 ; 


- - * — x of Tg << I» Hs 
2 8 SIP} 8 N r — K 8 pb 5 
$ of n TTY, * — * S pe x ad 8 Sar PPC "> \ 
1 . Pe F DT Le er te nl 3 T1171!!! DT NECTISED 
7 8 ; 555 8 8 7 1 e S 2 Fo S 3 8 hs * EOS r n 2 ve * » >. 8 gs Si, v + 1 : x" - . . i * 
Fa . 4 „ - 2 2 > 3 E enn N WE fe Ng 92 4 $64 447 ths Fo + . 8 5 X HIT 2 4 
2 ene ( ES e 5 n 4 SDSS; 5 rer . - x s. * p » 
B ED A es It 3 Co LESSER 2-4 2 . > - - wy f 3 . ” 5 — 0 : 4 
F A ß EY * EI Ed : L 5 N 5 * 5 


Chap. 2. From the Reign of Henry VIII. c. 71 
22. On the 22d of February 1552, it is ordered, That 
if any Burgeſs require Privilege for himſelf, or his ſervant, 
(he) ſhall, upon declaration, have a warrant ſigned by Mr. 
Speaker to obtain the Writ.“— And, For that William 
Ward, Burgeſs of Lancaſter, obtained a Writ of Privilege 
out of the Chancery, without a warrant from this Houſe; 
it is committed to Mr. Maſon, and others, to examine the 
matter, and certify. We have ſeen before, in Dyer's Ar- 
gument in Trewynnard's Caſe, ſome alluſion to a practice of 
this kind, viz. the obtaining the previous conſent of the 
« Houſe to an application for a Writ of Privilege.” Upon 
what grounds the Houſe of Commons took this power into 
their hands, I will not pretend to decide; it is certain that the 
Speaker's Warrant could not be, in all Caſes, neceſſary, as the 
duration of Privilege, and conſequently the legal right of the 
party entitled to a Writ of Privilege, extended even beyond 
the exiſtence of the Parliament itſelf. 


«K „% X & @a 


« 


23. On the 18th of March 15 52, it is ordered, That 
Hugh Fludde, ſervant to Sir A. Wyngfylde, ſhall have Pri- 
* vilege.” On the 26th a Supplication is exhibited by John 


Gurdon, Frenchman, to undo the Privilege granted to Hugh 


Fludde, ut ſupra : On the 28th it is ordered, © That a Pro- 
* cedendo ſhall be. directed to ſet Hugh Fludde without the 
Privilege of this Houſe, as he was before, and the Serjeant 
* to deliver him priſoner to the Sheriffs of London; on the 
next day, here the Serjeant delivered H. Fludde to a Ser- 
« jeant of London, he made an aſſault upon that Serjeant, and 
* eſcaped out of his ward; whereof, by credible report made 
to this Houſe, it is ordered, that the Serjeant ſhall require 
Mr. Comptroller to ſend to this Houſe, to-morrow by eight 


o' clock, H. Fludde, and - Creketoſte, to know the 


further 


72 From the Reign of Henry VIII. to the Chap. 2. 


c 


* 


6 


6 


4 


= 


further pleaſure of the Houſe. On the zoth, Mr. Comp- 
troller did ſend Fludde and Cryketoſte to the Houſe, where- 


upon was declared by the Sheriffs Serjeant, the miſde- 


meanour and eſcape of Fludde, by the means of Cryketoſte ; 
whereupon it is ordered that Fludde. and Cryketoſte ſhal} 
be ſent priſoners to the Gatehouſe till to-morrow. — On 
the morrow, the giſt of March, It is ordered, that H. 
Fludde ſhall be remitted to the Counter. of London, 

ſuch caſe as he was before the Privilege granted 


by this Houſe unto him, and if Fludde ſhall agree 
with Gurdon, that notwithſtanding, to abide the order of 


this Houſe, if it be fitting; and if not, then to abide 


the order of the King's Majeſty's Council, for the puniſh- 


ment of this demeanor, when it ſhall be ordered. For 
Cryketoſte, it is ordered that he ſhould remain in ward, 
where he was, and to bring him hither to-morrow at 10 
o'Clock; and it is ordered, that two Members ſhall make 


report to Mr. Comptroller of the miſdemeanour of Fludde 


and Cryketoſte: On the next day, it is ordered, that 
Cryketoſte ſhall be ſent priſoner to the Tower, by the 


Serjeant of this Houſe : On the 5th April he is ordered to 
be diſcharged of the 1mpriſonment, paying his fees. On 


the 15th of April, the day of the diſſolution of the Parlia- 


ment, it is ordered, that Hugh Fludde, priſoner in the 


Counter, ſhall ſo remain until he have ſatisfied or agreed 
with John Gurdon, and that then the ſaid Fludde ſhall be 
delivered to the Serjeant of this Houſe, and diſcharged of 
his impriſonment there, notwithſtanding any other action 
brought againſt him in London, fithence his firſt arreſt 


for this matter.. Mr. Prynn, in the Fourth Regiſter, p. 


1202 ſays, that this is obſcurely entered, but that it clearly 
4 implies, that Fludde was arreſted and impriſoned an the 


46 Counter, 


— 
[LY — 
40 4 * ” * 3 £ 3 2 
« Ay * o — 2 
\ 8 1 * S; * . 2 > ON * * " ＋ n ko 41 * 
n , I * 6, * 2 7 8 n = C TEL EATS” EW 2 A 8 2 
e eee - 3 — 8 1 8 0 3 F 3 EY 2 8 Los 
Cons ** 3 * * * 8 2 
7 - * £ 
DB 11 


= 


8 re 


"= 
1 * 
+4 
LE), ry 
4. 7 
7 {ef \- 
7 7 
2 5 yy 
7558 
N 
— 
+; 
* Fs - 
i Lo 
l „ 
* 1 7 Wi 
2 7 
„. 
I 
* is 3 
9 
+2 2 
8 * 7 
AR. ” 
_ 
- 2, 
_ 
_ 
= 
WW - 
* 5 36 
2 008 
+68 
oy _- 
BY. 
1 
LM 
0 7 X A. 
"FM 
8 1 
1 
1 1 + 
= 
* 
9 
; 
A * 
7 2 ** 
1 
1 
1 
PAS 
Ks 
1 
2 
[Zo 
* 
aj 
8 
por 
120 
«i 
Wt 
. 
2 
"09 
gl 
9 
* > 
wa 
2 * 
et 
i &, 
2 3 
i 
— it by 
1 
* J 9 
© 
* * 
d 
"6 
8 


Chap. 2. End of the Reign of Queen Elizabeth. 73 


% Counter, at the ſuit of Gordon, either upon an execution, 
«© or for ſome high breach of the peace, and miſdemeanour 
«© againſt him, of which when the Houſe underſtood the 
„truth, though they had granted him his Privilege, they 
« recommitted him priſoner to the Counter in the ſame ſtate 
as before, till he had ſatisfied Gordon.” —I have entered the 
Proceedings 1n the Journal at length, in order that the Reader 
may be able to collect, as clearly as Mr. Prynn, for what cauſe 
Fludde was originally arreſted, and why the Privilege allowed 
him was withdrawn. It may not be here improper to take no- 
tice of the puniſhments which the Houſe inflicted on Creketoſte 
(for his contempt and breach of their Privileges in aſſiſting 
Fludde to make his eſcape from the Sheriffs, to whom they 
had remanded him) by firſt committing him to the Gatehouſe, 
and then to the Tower ; becauſe 1t 1s the firſt inſtance that 
has occurred, except in the Caſe of Ferrers, in which the 
Houſe of Commons have taken occaſion themſelves to puniſh 
a violation of their own privileges, 


* 


* 


24. On the 17th of April, 1554, Mr. Rede and Mr. Erm- 
ſtead brought from the Lords a Subpœna, that Mr. Bea- 
mond, of this Houſe, and his wife cauſed to be ſerved upon 
the Earl of Huntingdon, in this Parliament time, and 
prayen the order of this Houſe, for that offence : —It is or- 
dered, that eight of this Houſe ſhall declare to the Lords, 
that they take this Writ to be no breach of Privilege.“ 
Neither Mr. Prynn, nor the compilers of the Parliamentary 
Hiſtory, who both cite this Caſe, attempt to give any account 
of the tranſaction, either out of what Court the Subpana 
iſſued, for what purpoſe it was ſerved, or of what nature the 
ſuit was in which this proceſs was uſed. 


6 


« 


A 


N 


K 


L | 25. On 


| 


1 
* 
I 
- 
- 
8 
5 
{ 
n 
2 
? 
: 
3 
2 
1 
T1 
'S 
S > 
$ 7 
3 
: 
$ 
11 
i 
” 7 
7 
% 
: 
J 
1 
1 
j 
£1 
* 
14 
4 
f 
3 


7 — 1 4 Dans eats. LA . Za N 
* 
— — —— ＋DꝓW«»—.; ) — * 
: , 
- OE 4 — * - — * 1 


74 From the Reign of Henry VIII. to the Chap. 2. 


25. On the 23d of April, 1554, William Johnſon, one of 
the Burgeſles, complained upon Monyngton, who had beaten 


N 


A 


ton came to this Houſe, and not knowing Johnſon to be a 
£ Burgeſs, confeſſed he had ſtricken him, for that he took 
away a net out of Mr. Bray's houſe in Bedfordſhire, and 
Johnſon ſaid it was Lord Mordaunt's net, and as Under- 
Sheriff he took it; whereupon it was ordered, that Mo- 
* nyngton was ſent priſoner to the Tower. — On the next 
day, it is ordered, that the Serjeant ſhall fetch Monyngton 
from the Tower to this Houſe ; whereupon Johnſon re- 


* 


* 


Monyngton diſcharged. f 


26. On the 20th of November, 1 555, it is ordered, that 


2... . « Tuſfard, who cauſed Mr. Mynne to be arreſted, ſhall 
pay the Serjeant's fees and withdraw his action.” 


27. On the 6th of December, 1555, it is ordered, that 
« Mr. Comptroller, with other of the Houſe, ſhall declare to 


© the Lords, that their opinion is, that their Privilege is 


broken, for that Gabriel Pledall, a Member of this Houſe, 
was bound in a recognizance in the Star Chamber to ap- 
* pear before the Council, within twelve days after the end 
* of this Parliament : — Whereupon Mr. Comptroller, from 
the Lords, ſaid, that they would ſend anſwer thereof to the 
* Houſe : — Mr. Marten and Mr. Lewis, from the Lords, 
* ſaid, they required ſix of the Houle to confer with the Lords 
for that cauſe ; and Mr. Comptroller, Mr. S. Petre, with four 
© others, went up: and they reported, that the Chief Juſtices, 
« Maſter of the Roa, and Serjeants, do clearly affirm that the 


; recog- 


him, and put him in fear of his life: Whereupon Monyng- 


quired that he might go ſafe in body, and that was com— 
* mitted to Mr. Higham and Mr. Pollard ; and thereupon. 


9 


Ws 


— 


TEES! 


8 
3 
3 
. 
7 7 
2 +8 
pr 
_ 
©. 
1 
Wo 
Y 
x 
7 
2 ay 
3 JM 
SF: 3 
=” 
9 


© - 
£7 
O £7 
2 
[1 . 
* 
_ 
= 
PE 
: 
3 
8 
I 


Chap. 2. End of the Reign of Queen Elizabeth. 75 


© recognizance 1s no breach of the Privilege.” It does not 
appear upon what grounds the Judges formed this opinion; 
whether upon the nature of the ſuit in which the Member was 
bound to appear, or upon the length of time after the diſſo- 
lution of the Parliament; nor do I underſtand for what reaſon 
the Commons made any application to the Lords in this in- 
ſtance. —This conference was on Friday, and on Monday the 
Parliament was diſſolved; ſo that we have no opportunity of 
OY how far the Commons acquieſced in this doctrine. 

28. On the 29 h of January, 1557. Thomas Eyms, 
Burgeſs for Thuſke, complained, that a Subpœna was deli- 
vered to him to appear in the Chancery, wherefore he re- 
quired the Privilege of this Houſe : whereupon Sir Cle- 
ment Higham and Mr. Recorder were ſent to the Chancel- 
© Jour, to require that the proceſs might be revoked. This 
demand it is probable the Chancellour complied with, as 
the Seffion continued till the 7th of March, and no further 
entry appears upon the ſubject. 


A 


oo 


* 


* 


29. On the 5th of February, 1557, A Committee 1s aſ- 
ſigned to examine a matter againſt Walter Rawley, a Bur- 

_ © -pols complamed of out of the Admiral Court by Dr. Cooke's 
< Letter :'— And on the 8th of February, Walter Rawley, 
one of the Burgeſſes for the Borough of Wareham, at- 


tached in the Admiral Court, hath a Warrant to obtain a 
. of Privilege. | 


* 


A 


* 


We are now come to the "PR of Queen Elizabeth ; and it 
appears from the Journals of the Houſe of Commons, that 
Sir Thomas Gargrave, who was elected Speaker in Her firſt 
Parhament, did, on his being preſented to the Queen, make 
*X ED certain 


| 6 


76 From the Reign of Henry VIII. to the Chap. 2. 


certain petitions for the antient Liberties of the Commons, 
which were granted by Her Majeſty to be uſed reverently and. 
decently; but it is not there ſtated what theſe Liberties were. Sir 
Simonds Dewes, in the ſpeech he has given us of Sir Thomas, 
Gargrave, expreſſes them as follows: k <« (1.) Liberty of Acceſs. 


for the Houſe to Her Majeſty. (2.) Pardon for himſelf, if 


* he ſhould miſtake: or miſreport any matter that he was or- 
«« dered to declare. (3.) That they might have Liberty and. 
« Freedom of Speech. And, (4.) That all the Members. of 
the Houſe, with their ſervants and neceſſary attendants, 
„ might, be exempted. from all manner of Arreſts and Suits 
« during the continuance of the Parliament, and the uſual. 
« ſpace both before the beginning, and after the ending there-. 


* 


« of, as in former times hath always been accuſtomed.“— As. 


I did not recollect to have hitherto met with any inſtance of. 


Members' ſervants claiming an Exemption from Suits, I. own. 


this petition of Sir Thomas Gargrave appeared. to me rather. 
extraordinary, till I found an explanation of it in the words of. 
Sir Simonds Dewes himſelf, who ſays, page 43, * This Ex- 
« emption from Suits at Law I have cauſed to be inſerted into 


the preceding Abſtract of Sir T. Gargrave's Speech, be- 


« cauſe he either did petition for Freedom from Suits, as well. 
* as for Freedom from Arreſts, or he ought to have done it:“ 
and then refers, for his authority, to the two aforementioned- 
General Writs.of Superſedeas, in the eighth year of Edward . 
N* 3. 


I truſt it will not be thought an improper digreſſion from 
my ſubject to remark here, that it is ſaid by Elſynge, p. 176, 


and by Sir Simonds Dewes,. p. 42, and is alſo mentioned in: 


See Sir Simonds Dewes's Journal, p. 16, 


the. 


* 18 2 8 


„ Om . W 
_ * 8 e 2 a hd ** a * 8 06,5 00S s 
4 * "—> » A any 44 Aw voy — 2 * 


RE 2 n * 
1. OS 6 0 1 2 we kh * 
Wr TE 90: E n e 
D 4 8 pt, = Fs 
Cn 42s Sa Pf td 
8 STE Bn iN 
rd ND NE ᷣ . Ns a CS 2 Mt, 5, 
1 n . N Ig F 


e 


— 
1 
883 e 


hon 8 Fg =o fat 2 3 3 1 ä l 
J ³o³ ⁵ð-A ⁵ 


_ 
_—_ 


1 * —_—— 
e Ee n 
2 l 1 - 
$454 "VE e +. 
3 BE. . 


Chap. 2. End of the Reign of Queen Elizabeth. 77 
the Liſt of Speakers Names, publiſhed by Hakewill, p.. 212, 


cc 


cc 


cc 


That the requeſt for Acceſs unto his Majeſty 1s firſt recorded, 
in the twenty-eighth year of Henry VIII. to be made by 
Richard Riche, Speaker; but that the Speaker's. petition 
for Freedom of Speech is not recorded before the thirty- 
fourth Henry VIII. when it was made by Thomas Moyle, 
Speaker.” Hakewill, in page 213, ſays, The petition 
for Privilege from Arreſts is of latter days ; but 1t appears, 
in the firſt Henry IV, that Sir J. Cheney, then Speaker, 
made a general requeſt that the Commons might enjoy their 
antient Privileges and Liberties, not naming any Liberty in 
particular ; and he 1s noted to be the firſt that made this re- 
queſt.” Elſynge, p. 184, ſays, This petition for Free- 
dom from Arreſts was never made until of late years, yet this 
Privilege did ever belong to the Lords and Commons, and: 
to their ſervants alſo, coming to the Parliament, ſtaying 
there, and returning home *. In a debate upon this ſubject, 


on the 17th of December, 1621, Mr. Hakewill ſays, „The 


cc 


CC 


ILY 


6 4 


64 


prayer for theſe Privileges, in the beginning of Parliaments, 
is a matter of good manners, never uſed till of late years: 
Antiently, proteſtations were made by the Speaker in 
this point: The firſt prayer was in the firſt year of 
Henry IV +.” This debate had ariſen on a letter ſent by 


* It appears from the preamble to the ** perſonal, or of being attached by their 


Petition of the Commons in Atwyll's Caſe “ perſons or goods, &c.” This muſt pro- 
(vide page 48.) that, at the commence- bably have been in his anſwer to the 
ment of the Parliament of. 17th Ed- Speaker's petition, and if ſo, this obſerva- 


«© ward IV. the King ratifed and con- tion of Elſynge is not accurately true. 


© firmed to the Commons their Privilege + See Vol. I. Commons Journal, 
& of not being impleaded in any action p. 667. 


«c James 


78 From the Reign of Henry VIII. to the Chap. 2. 


James I. * to be communicated to the Houſe of Commons, in 
«© which, ſpeaking of their Privileges, he ſays, © We could not 
* allow of the ſtyle, calling it Their antient and undoubted Right . 
« and Inheritance; but could rather have wiſhed that they had L 
« ſaid, their Privileges were derived from the grace and per- | 
« miſſion of our anceſtors and us; (for moſt of them grow 
« from precedents, which ſheweth rather a toleration than 
“ mheritance ;) the plain truth is, we cannot with patience 
« endure our ſubjects to uſe ſuch anti-monarchical words to 1 
«© us concerning their Liberties, except that they had ſub- | f 
«« joined, that they were granted to them by the grace and 
« favour of our predeceſſors.. This very monarchical meſ- I 
ſage immediately produced a violent ſpirit in the Houſe, and a 1 ; 
Committee of the whole Houſe was appointed to meet the 

next morning, to conſider all things incident to, or con- 

* cerning the Privileges of the Houſe.” Accordingly, the 

next morning, the 18th of December, the Committee met, and 

having, by the aſſiſtance of Sir Edward Coke, Mr. Noy, and 

Mr. Glanville, prepared the following Proteſtation, it was 

reported to the Houſe, and, having been read ſeveral times, 

Wl was, upon the queſtion, allowed, and ordered to be preſently 

| | entered of Record in the Journal of the Houſe : It was ex- : 
þ Preſſed in theſe terms; | 


MP ITT [7 

"NADL 33 
JJV 
* . 
12 2 0 ** 8 


. li 2B 24S 8 . . | . . . 
1 | The Commons, now aſſembled in Parliament, being juſtly 
| * occaſioned thereto concerning fundry Liberties, Franchiſes, 
i ; * See the King's letter, dated from vert, dated from Royſton, 16th Decem- 
. Newmarket, December 11th, 1621. — ber, 1621. in 2d Vol. of Proceedings 
} Parliamentary Hiſtory, Vol. V. p. 497. and Debates of the Houſe of Commons | 1 
And another letter to Mr. Secretary Cal- in 1620-1, p. 339. Hg 


— — 
—ſ——— — — — 


— 


and 


— Do ered ER, Wo = ho EEE 

* — — 7 — * N — O * 

— EE En RE IDE = 
8 ——_ * _ - —— — 


— — 
99797 SITE 


_ „ e 
Rn 


Chap. 2. End of the Reign of Queen Elizabeth. 79 


6 


« 


4 


and Privileges of Parliament, amongſt others not herein 
mentioned, do make this Proteſtation following; That the 
Liberties, Franchiſes, Privileges, and Juriſdictions of Parlia- 
ment, are the antient and undoubted birthright and inhe- 
ritance of the ſubjects of England; and that the arduous 
and urgent affairs concerning the King, State, and the De- 
fence of the Realm, and of the Church of England, and 
the Making and Maintenance of Laws, and Redreſs of Miſ- 
chiefs and Grievances, which daily happen within this realm, 
are proper ſubjects and matter of counſel and debate in Par- 
liament : And that, in the handling and proceeding of thoſe 
buſineſſes, every Member of the Houſe hath, and of right 


ought to have, Freedom of Speech to propound, treat, rea- 


ſon, and bring to concluſion the ſame : And that the Com- 
mons in Parliament have like Liberty and Freedom to treat 
of thoſe matters in ſuch order, as in their judgments ſhall 
ſeem fitteſt : And that every ſuch Member of the ſaid Houſe 
hath like Freedom from all Impeachment, Impriſonment, or 
Moleſtation (other than by cenſure of the Houle itſelf ) for 


or concerning any Bill, ſpeaking, reaſoning, or declaring of 
any matter or matters touching the Parliament, or Parlia- 


ment buſineſs : And that, if any of the ſaid Members be com- 
plained of, or queſtioned for any thing done or ſaid in Par- 
liament, the ſame is to be ſhewed to the King, by the advice 
and aſſent of all the Commons aſſembled in Parliament, be- 
fore the King give credence to any private information.” — 


This Proteſtation accorded ſo ill with the King's ideas of the 
Liberties of the Commons, that he ſoon after ſent for the 
Journal Book, and, in Council, with his own hand rent it out; 

and by a memorial of the zoth of December, which he ordered 


to be entered in the Council Book, His Majeſty did, in full 


« aſſembly of his Council, and i in the preſence of the Judges, 


6 declare 


Bo From the Reign of Henry VIII. to the Chap, 2. 1 
«« declare the ſaid Proteſtation to be invalid, annull'd, void, 4 
and of no effect: and not long after diſſolved the Parlia- 
ment. But notwithſtanding all the pains taken by this ſimple 
King to obliterate this glorious monument of the ſpirit and 
wiſdom of thoſe great men who directed the councils of that 
memorable Parliament of 1621, this Proteſtation is till 
happily preſerved, and remains a proof of the temper and mo- 
deration of that wiſe Houſe of Commons, ſo frequently pro- 
voked by attempts on their Liberties by mT 3 and 
conceited Monarch „ 


* 


Perhaps I ought to make an apology to the Reader, for 
having inſerted this Proteſtation, and the Proceedings re- 
lating to it, out of the order of time in which they happened ; 
but I was led to do it from the reference which they bore to 
the ſubject of Sir Thomas Gargrave's ſpeech. — To return 
However to the precedents : 


30. On the 24th of February, 1558, John Smyth, re- 
turned Burgeſs for Camelford, upon a declaration by Mr. 
«* Marſh, that he had come to this Houſe, being outlaw'd, 
and alſo had deceived divers Merchants in London, taking 4 
* wares of them to the ſum of three hundred pounds, mind- 1 


ing to defraud them of the ſame, under the colour of Privi- 4 
lege of this Houſe; the examination whereof, committed to 2 
Sir Jo. Maſon, and other of this Houſe, was found and N 
reported to be true; and that a Writ of Cap. Utlag. againſt 5 
him, was directed to the Sheriffs of London, returnable 1 5? 1 
* It is to be found in Ruſhworth, occaſion to it, in Vol. II. of Proceedings 3 
Vol. I. page 53; in the Parliamentary and Debates of the Houſe of Commons in 7 
Hiſtory, Vol. V. page 512; and, together 1620-1, Page 359. | A 
with the Debates and Proceedings that gave : 


Os 


. 5 
1 


Ws Py "33.2 

25 4 AL —— 

3 3 
R r 


« paſchæ 


4 "WF Oe Es WD. abc PP — — A oh = — y 


Chap. 2. End of the Reign of Queen Elizabeth. 81 
* Paſchz next, at the ſuit of William Pinchebek and his wife, 
in a Plea of Detinue:—Upon which matters, and conſultation 
had in the Houſe, the queſtion was aſked by Mr. Speaker, 
If he ſhould have Privilege of this Houſe or not? And by 
© the more number of voices, it ſeemed that he ſhould not 
have Privilege: But, upon the diviſion of the Houſe, the 
„number that would have him not to have Privilege, was 
10%, and the number that would he ſhould be privileged 
was 112; and therefore ordered, That he ſhall ſtill con- 
tinue a Member of this Houſe.“ It ſhould ſeem, from the 
words of the order, that the doubt was, not whether he ſhould 
have a Warrant for a Writ of Privilege againſt the execution 
of the Writ of Capias Utlagatum, (which, as Prynn obſerves, 
in the Fourth Regiſter, p. 1209, was returnable on a day then 
to come ;) but whether a man, who appeared to the Houſe to 
have been guilty of ſo groſs a cheat, ought any longer to con- 
tinue a Member: And, as Prynn ſays, How honourable 
« this vote was for the Houſe, in the caſe of ſuch a cheat- 


« ing Member, carried only by five VOICES, 1s not fit for me 
4 to determine.” 


31. On the 5th of February, 1562, Sir H. Jones com- 
plains all his ſervants to be impriſoned, and prays Privi- 
lege: but, after long arguments for the Privilege, commiſ- 
ſion was given to Mr. Sackvill, and other, to examine and 
certify of the matter.— On the 8th, Mr. Sydney declared, 
upon examination, the fray to ſeem to be begun by Sir H. 
Jones's ſervants: On the 12th of February, a Bill is brought 
in againſt Sir H. Jones's ſervants for the fray and riot; and 
the ſame day the Committees do certify to the Houſe, that 
Mr. Jones's men may be committed to the Serjeant, and 
that he attend Mr. Recorder and Mr. orgrave with the 


M « priſoners, 


N 


82 From the Reign of Henry VIII. 70 the Chap. 2. 


priſoners, before the Lord Chief Juſtice, to enter with ſure-- 
ties in bond of five hundred pounds to appear, perſonally, 


® „ = 


«A 


Queen's behalf, and ſo ſet at liberty.” I do not find that 


this Bill went further than the firſt reading; but it is remark- 
able that, in the interval of theſe proceedings about Sir: H.. 
Jones's ſervants for a fray and riot, it was ordered, on the 
roth of February, That ſeveral perſons, ſervants to Sir H. 
Jones, attached in London in three actions of Trans', da- 


© mage three thouſand Marks, ſhall have a Writ of Privi- 


lege. It is probable that theſe were the ſame perſons, 


and that the fray aroſe on their being attached: in theſe ac- 
tions; and though a Writ of Privilege was granted them for 
theſe, the Houſe took care that they ſhould not be ſet at. 
liberty on the riot till they had entered into a very large ſecu- 


rity to appear in the Queen's Bench, to anſwer to what ſhould 


be. objected againſt them. on account of this Breach of the: 
Peace. 


32. On the 16th of February, 1562, R. P., ſervant to Sir 
William Woodhouſe, attached in London at the ſuit of 


* 


_ 


T. R. Baker, in Trans', hath a Warrant for Privilege, 


K 


* 


Marks. 


33. On the 8th of October, 1 566, © Gardiner, a Burgeſs, 
« priſoner in the Fleet, deſireth to be reſtored : —Whereupon. 
the Maſter of the Rolls, and Maſter of Requeſts, were ſent 


N 


« by the Houſe to know the cauſe of the Lord Keeper; and 


the next day * the Maſter of the Rolls declared, from 74 
Lord — that Gardiner might be reſtored to this Houſe, 


© with 


in the Queen's Bench, in Trinity Term next,. to anſwer: 
to ſuch things as ſhall then be objected to them on the- 


notwithſtanding ** given againſt him for four 


3 


Chap. 2. Eud of the Reign of Queen Elizabeth. 83 
with condition, upon prorogation or diſſolution, to be 
-« eftſoons priſoner.” This is the whole of the entry in the 
Tournal, and it does not appear to me to warrant what Prynn 
collects from it kl, That Gardiner was kept priſoner for a 
4 contempt of a decree in Chancery, as the Journal im- 
% ports.” Nor do I find any notice taken by the Houſe of 
the conditions propoſed by the Lord Keeper. | 


34. In the fourth volume of the Parliamentary Hiſtory, 
p. 153, it is reported That Mr. Strickland, having in one of 
«© his ſpeeches earneſtly preſſed the reformation of the Book of 
Common Prayer, was the next day called before the Queen's 
% Council, and commanded by them to forbear going to the 
„ Houfe till their pleaſure was further known: this occa- 
* ſioned great clamour within doors; and divers ſpeeches 
«© and motions were made relating to Breach of Privilege, by 
<« reſtraint of one of their Members from attending; although 
«© he was neither impriſoned nor confined. But the Speaker 
<< got up, and deſired the Houſe to forbear any further debate 
on that matter; and the next day Mr. Strickland came again 
* to the Houſe, by the Council's allowance, to the no ſmall 
«© joy of his brethren.” It appears from Dewes , that 
Mr. Strickland had, en Saturday the 14th of April, 1571, 
brought in a Bill for reformation of the Book of Common 
Prayer, which, among other matters, forbad the kneeling at 
the receiving the Communion. The Houſe adjourned from 
this day to Thurſday the 19th ; and though Mr. Strickland 
was then under the reſtraint of not coming to the Houſe, no 
notice is taken of it on that day: On Friday Mr. Carlton, 
„ with a very good zeal and orderly ſhew of obedience, made 


La) 


Fourth Regiſter, P+ 1209. + Page 166. 
Mz - * ſignification, 


84 From the Reign of Henry VIII. to the Chap. 2. 


cc 


cc 


cc 


c 


* 


cc 
Cc 
.CC 


cC 


66 


cc 


ſignification, that a Member of the Houſe was detained; 
from them ; by whoſe commandment, or for what cauſe, he: 
knew not : but foraſmuch as he was not now a private 
man, but to ſupply the room, perſon. and place of a multi-- 
tude ſpecially choſen,. he. thought that, neither in regard. 
of the country, which was not to be wronged, nor for. 
the liberty of the Houſe, which was not to be infringed,, 
we ſhould permit him to be detained from us, but, what- 
ſoever the intendment of this offence might be, that he 


ſhould be ſent for to the Bar of this Houſe, there to be. 


heard and there to anſwer.” To this Mr. Treaſurer adviſed. 


the Houſe to be wary in their proceedings, and not to think. 


cc 
Cc 
Cc 
CC 
cc 
cc 


6c 


worſe than there was cauſe; „for the man, quoth he, that. 


is meant, is neither detained, nor miſuſed, but, on conſi- 
derations, is deſired to expect the Queen's pleaſure, upon. 
certain ſpecial points. He further ſaid, that he was in no 
ſort ſtayed. for any word or. ſpeech by him in that place 
offered, but for the exhibiting a Bill into the Houſe againſt 
the Prerogative of the Queen, which was not to be tole- 
rated. This doctrine being ſupported by another Privy. 


Counſellor, Mr. Comptroller; they were anſwered by Mr. 
Yelverton. * Firſt, he ſaid, the precedent was perilous; and 


«c 


ce 


[AL 


cc 


cc 


though, in this happy time of lenity, among ſo good and 
honourable: perſonages, under ſo gracious a. Prince, no- 
thing of extremity or injury was to be feared, yet the times 
might be altered, and what now is permitted, . hereafter 
might be conſtrued. as of duty, and enforced even on this 


ground of the preſent permiſſion. He further ſaid, that 
all matters not treaſon, or too much to the derogation of 
the Imperial Crown, were tolerable there, where all- things 


come to be conſidered of, and where there was ſuch full- 
neſs of power, as even the right of the crown was to 
iN 4 15 | "os be 


e 
2 1 ny 
1 

1 


Chap. 2. End of the Reign of Queen Elizabeth, 8 5 


„be determined. — Beſides, that the ſpeech uttered in 
ce that place, and the offer made of the Bill was not to be 
“ condemned as evil.” The ſpirit and manly ſenſe of this 


ſpeech had its immediate effect; for the Privy Counſellors 


whiſpering together, the Speaker moved, © that the Houſe 
% ſhould make ftay of any further conſultation thereupon ;” 
and the next morning, almoſt as ſoon as the Houſe was met, 
Mr. Strickland coming in, whilſt the Bill “ for coming to 
church and receiving the Communion” was referring to a 
Committee, the Houſe did, in witneſs of their joy, pre- 
« ſently nominate him one of the ſaid Committees; and his 
name accordingly appears in the Journal, in which there is 
ſcarce any notice taken of all. this proceeding. The great 
warmth with which this matter was taken up in the Houſe, 
and the immediate ſubmiſſion of the Council, ſhews, with 
what little foundation the following remark, among many 
others equally unfounded, is made by the Compilers of 
the Parliamentary Hiſtory, That, when, at | any time, 
ce this Parliament touched upon the Queen's Prerogative, ei- 
&« ther in religious or civil matters, a haughty meſſage or two 


brought them tamely to ſubmit, and calmly bear the bur- 


c then *.“ The ſpeech of Mr. Yelverton, which is reported at 
length in Dewes, and from which I have given the foregoing 
extracts, breathes a ſpirit of freedom, and contains a know- 
ledge of the conſtitutional powers of the Houſe of Commons, 
not to be exceeded even by that Parliament which eſtabliſhed 

and confirmed the Revolution.. 2 


As this of ͥ¶ A the fk Cafe: in which wo 


Have met with any attempt to reſtrain the Freedom of Speech 


* Sce 4th Vol, of Parliamentary Hiſtory, p. 155. 


86 From the Reign of Henry VIII. 20 the Chap. 2. 


in the Houſe of Commons, it may not be 1 improper here to 


obſerve, how jealous that Houſe has always been of this 
moſt valuable and moſt eſſential Privilege. So long ago as in the 
fourth year of Henry VIII. Mr. Strode, a Member, having 
Propoſed a Bill in Parliament for the regulation of the Tin- 


ners in Cornwall, was proſecuted in the Stannary , Courts for 
that. offence, and there being condemned in a large ſum of 
money, was impriſoned in Lidford Caſtle till he was deli- 


vered by a Writ of Privilege; but not till he had given ſecurity 


to ſave harmleſs the Warden's Deputy in whoſe cuſtody he 
was. This very extraordinary proceeding being repreſented 


by him in a petition to the Houſe of Commons , an Act of 


Parliament was immediately paſſed 4, to annul and make void 


theſe ſeveral judgments and executions; „ and it was further 
«© enacted, that all Suits, Condemnations, Executions, Fines, 
« Amerciaments, Puniſhments, Corrections, Grants, Charges, 
« and Impoſitions, put or had, or hereafter to be put or had, 
upon the ſaid Richard, and to every other of the perſon or 
% perſons afore ſpecified, that now be of this preſent Parha- 
«© ment, or that of any Parliament thereafter ſhall be, for any 
Bill, ſpeaking, reaſoning, or declaring of any matter or 


«© matters concerning the Parliament, to be communed and 


treated of, be utterly void and of none effect.” Theſe ge- 
neral words have operated to make this a general ſubſiſting 


law, not only in the opinion of Sir Edward Coke, Mr. Prynn, 
and other great lawyers, but it is now ſo declared by the for- 
mal Reſolutions of both Houſes of Parliament: And that 
it extends to indemnify all and every the W of both 


* 


+ I cannot find either in Lord Her- relating to this very extraordinary tranſ- 
bert, or the Parliamentary Hiſtory, or action. 


in Rapin, or Mr. Hume, any thing f dee the 4th Henry VIII. Ch. 8. 


% Houſes 


Ig 
2 


Fee 8 <5 4+ , 2 12 * % 20 2 
= 


net Been * b n 
* K 

= es we e W 
6 


rr ae i Sh WD 

* — * COON It ho 5 * » A 9d £5 

8 3 3 e 3 
l * CORTE) 2 _ <Q 

g CC SI on Lag r 3 * 

rr ens r 


OW tte j 
Vn ACE 1 
* * 45 - 8 n 1 1 
r r eee 
— 4 i Vp EI Reon Xo e 1 2 ed 


- 3:40 PORE 2 


* * BEES e 
EE 8 n 8 3 7 a 3 


# s 
EET : en, 
2 8 3 e 


BENT - 


* * 4 + Nn * > > OO * "a> 2 
V;; 
EC bs. nuts 1 
ee TICS ah UN SEL de 
tl Se: Org 
2 . 


3.1/4; 
Ke. 2 "0" 
2 77 — 


Dr 
os 


Chap. 2. End of the Reign of Queen Elizabeth. 87 
« Houſes of Parliament, in all Parliaments, for and touching 
« all Bills, ſpeaking, reaſoning, or declaring of any Matter or 
« Matters in and concerning the Parliament, to be communed 


« and treated of, and is only a. declaratory law of the an- 
tient and neceſſary Rights and Privileges of Parliament *.“ 


35. The next Caſe I ſhall cite is not ſtrictly within the 
line which I have laid down, being that of a Lord of Parha- 
ment, but it is curious, as it ſhews the ideas which the Houſe 
of Lords at that time entertained, even of the Privilege of 
Perſon. —lt is thus reported in the Fourth Regiſter, p. 790 &: 


© On the zoth June, 14 Elizabeth, 1.572, in the Parliament 
Chamber, where the Lords Spiritual and Temporal aſſem- 
„ bled; Cog. 

Whereas, upon complaint and declaration made to the 
© ſaid Lords Spiritual and Temporal, by Henry Lord Crom- 
« well, a Lord of the Parliament, that in a Caſe between one 
James Taverner, againſt the ſaid Lord Cromwell, for not 
obeying to an injunction given im the Court of Chancery, in 
the abſence of the Lord Keeper of the Great Seal, at the ſuit 
of the ſaid Taverner, the perſon of the ſaid Lord Cromwell 
& was, by the Sheriff of the county of Norfolk, attached, by. 
virtue of a Writ of Attachment proceeding out of the ſaid: 
Court of Chancery, contrary to the antient Privileges and 

6 Immunities, time out of mind, unto the Lords of Parlia- 
ment, and Peers of this realm, in ſuch caſes uſed and allow- 
ed; as, on the behalf of the ſaid Lord Cromwell, was de- 


K 


KA 


* See the Commons Journal, 12th No- s See alſo the Lords Journal, 1ſt Vol. 
vember, 1667; and the Lords Journal, p. 727. | 
11th December, 1667, 


« clared 


pay, pt rg DIS 
i — - — — $974 
1 i 
1 2 

Wi 

- 


= —B— i ee. eat wr 
Cs ; 


—— 2 
— _ 


- 2 — — — —. — 
— C ˙ 1 ST OA air IT A BET Is re et - — 


88 From the Reign of Henry VIII. to the Chap. 2. 


AN 


* 


5 


- 


CY 


£ bled, << That the perſon of the ſaid Lord Cromwell be from 
„ henceforth diſcharged of and from the ſaid attachment.” 
Provided, nevertheleſs, and ſo is the minds of the ſaid Lords 


K 


clared and affirmed, wherein the ſaid Lord Cromwell, as a 
Lord of Parliament, prayed remedy. Foraſmuch as, upon 
deliberate examination of this cauſe in the Parliament Cham- 
ber, in the preſence of the Judges, and others of the Queen's 
Majeſty's learned Counſel, there attendant in Parliament, 
and upon declaration of the opinions of the ſaid Judges and 
learned Counſel, there hath been no matter directly produced 
nor declared, whereby it did appear or ſeem to the faid 
Lords of Parliament there aſſembled, that by the common 
law or cuſtom of the realm, or by any ſtatute law, or by the 
precedents of the ſaid Court of Chancery, it is warranted, 
that the perſon of any Lord having place or voice in Parlia- 
ment, in the like caſe in the ſaid Court of Chancery, before 
this time hath been attached ; ſo as the awarding of the ſaid 
attachment, at the ſuit of the ſaid Taverner, «pwn the ſaid 
Lord Cromwell, for any thing as yet declared to the ſaid 
Lords, appeareth to be derogatory and prejudicial to the an- 
tient Privilege claimed to belong to the ſaid Lords of this 
realm : therefore it is this day and year aforeſaid ordered, by 
the conſent of all the ſaid Lords in Parliament there aſſe m- 


„ 6-0 


* 


N 


N 


a 


A 


A 


N 


A 


A 


oo 


La) 


in Parliament, plainly by them with one aſſent declared, 
That if at any time during this Parliament, or hereafter in 
any other Parliament, there ſhall be ſhewed ſufficient matter, 
that, by the Queen's Prerogative, or by the.common law or 
cuſtom of this realm, or by any ſtatute law, or ſufficient 
precedents, the perſons of any of the Lords of Parliament, 
in ſuch caſe as this Caſe of the Lord Cromwell is, ought to 
be attached or attachable ; then, and from thenceforth, it. 1s 
by this order intended, that to take place which ſhall be ſo 
* ſhewed 


A 


Py * A 


LI 


Chap. 2. End of the Reign of Queen Elizabeth. 89 
< ſhewed us, warranted as is aforeſaid ; this order, or any 
thing to the contrary, notwithſtanding.” 


Dyer, who was at this time Chief Juſtice of the Common 
Pleas, reports the judgment of the Houſe of Lords in this 
Caſe * almoſt in the ſame words; but does not explain on what 
cauſe this injunction was iſſued: it appears, however, that the 
Lords, even where the perſon of a Peer was concerned, were 


extremely cautious that their determination ſhould not ſuper- 


ſede the authority of the Common Law. Prynn, in a note on 

that part of the Caſe which ſays, that if it can be ſhewn, by 
£ ſufficient precedents, that the perſons of Peers are attach- 
able, obſerves, that the chief authorities againſt it are only 
5 1n caſes of Breach of the Peace and Contempts with Force, 
« where fines are impoſed, and a capias pro fine awarded, if 
«© not paid, for the King, not party, but not for Breach of an 
«© Injunction, for which there is no fine to the King by law +.” 


36. On the 16th of February, 1575, it appears from the 
Commons Journals, * that a Committee was appointed to ex- 
amine the matter touching the arreſt of Mr. Hall's ſervant.” 
On the 2oth it is ordered, upon Debate and a Diviſion, 
That he ſhould have Privilege. On the 21ſt a Committee 
is appointed to conſider * touching the manner of his de- 
© livery. And on the 22d, Mr. Attorney of the Duchy re- 
ported, that the Committee found no precedent for ſet- 
ting at large by the Mace any perſon in arreſt, but only by 
« Writ; and that, by divers precedents of Record, it appeareth, 
that every Knight, Citizen, and Burgeſs of this Houſe, who 
« requireth Privilege, hath uſed in that caſe to take a Corporal 
Oath before the Lord Chancellor, or Lord Keeper of the Great 
Seal, that the party, for whom ſuch Writ is prayed, came up 


oO, 


A 


* 


* Page 314. + See the fourth Regiſter, p. 792. : 
N — « with 


— 
— r — — — 


go From the Reign of Henry VIII. to the Chap. 2. 
s with him, and was his ſervant at the time of the arreſt made:* 


And thereupon Mr. Hall was moved by the Houſe, that he 
ſhould repair to the Lord Keeper and make Oath in form 


- aforeſaid, and then proceed to the taking of a Warrant for a 


Writ of Privilege for his ſaid ſervant, according to the ſaid 


report of the ſaid former precedents.—W hether Mr. Hall did 


apply to the Lord Keeper, in conſequence of this motion, does 


not appear, but it is certain his ſervant did not obtain his re- 


leaſe; for on the 27th of February, after ſundry reaſons, ar- 
guments, and diſputations, it is reſolved, That Edward Smal- 
© ley, ſervant unto Arthur Hall, Eſquire, ſhall be brought 
< hither to-morrow by the Serjeant, and ſo ſet at liberty, by 
Warrant of the Mace, and not by Writ.” And on the 28th, 
being brought to the Bar by the Serjeant, accompanied with 
two Serjeants of London, he was preſently delivered from 
his Impriſonment and Execution, according to the former 
Judgment of the Houſe ; and the ſaid Serjeants of London 
were diſcharged of their priſoner and ſent out of the Houſe. 
The Houſe afterwards finding that Smalley had fraudulently 
procured this arreſt, in order to be diſcharged of the debt 
and execution, commit him to the Tower for a month, and 
antil he ſhould pay to William Hewet the ſum of one hun- 
dred pounds, which was probably the amount of the debt for 


which he had been arreſted *. 


The report from the Committee, that they could find no 
* precedent for ſetting at large by the Mace any perſon in ar- 
« reſt, but only by Writ +,” ſhews that they did not make a 
very diligent ſearch, or proves that they did not conſider Fer- 
rers's Caſe merely in the light of an arreſt for debt, but as 


| an 
See the Journal of the 7th, and 1oth nious friend of mine, that the heſitation of 
of March, 1575. the Houſe touching the manner of deliver- 


1 It has been ſuggeſted by a very inge- ing Smalley, may be accounted for by con 
| ſidering. 


Chap. 2. Endo the Reign of Queen Elizabeth. 91 
an infult on the King and the Houſe.—It is very remarkable, 
that neither Elſynge nor Prynn mention any thing more of 
this Caſe than the Report from the Committee of the 22d of 
February.—Indeed it did not fuit Prynn's argument fo to do ; 
but that Elſynge, who inclines to the enlargement of the 
Privileges of the Houſe of Commons, ſhould omit taking no- 
tice of the very circumftantial manner of the delivery of Smal- 
ley by the Mace, (a proceeding fo much in favour of his doc- 
trine, and which, as well from its novelty, as from its being 
adopted in direct contradiction to the opinion of a Com- 
mittee appointed to examine into precedents, could not have 
_ eſcaped his obſervation) appears rather extraordinary. There 
is another very peculiar circumftance attending this Cafe of 
Smalley, which 1s, that he is committed not only for a 
month, which was a puniſhment for his inſult on the Houſe, 
but till he has paid the ſum of one hundred pounds, or 
given ſecurity for the payment of it, which is to be cer- 
< tified by the Recorder of London, to the Lieutenant of the 

Tower, before any delivery or ſetting at liberty of the faid 
Edward Smalley to be in any wiſe had or made, at any time 
< after the expiration of the ſaid month; and that he ſhall 
not be delivered out of priſon before ſuch notice certified, 
whether the fame be before the firſt day of the next Term, 
< or after. The effect of this Judgment, ſo awarded, might 
Have detained him even beyond the term of the exiſtence of 
the Court which pronounced it +: Or, if it is ſuppoſed 


A 


K 


ſidering that he was only a Member's ſer- 
vant; and therefore, when the report ſays 
© that they could find no precedent for ſet- 
< ting at large by the Mace any perſon in 
arreſt, but only by Writ,* it ſhould be 
underſtood to mean any perſon of the ſame 
deſcription with Smalley, 1. e, any Mem- 
ber's ſervant, 


2 


+ In fact, this judgment was pro- 


nounced by the Speaker on the 1oth of 


March, 1575, and on the 14th of March 


the Parliament was prorogued.—If, there- 


fore, the judgment was executed, he was 
certainly impriſoned for ſeveral days after 
the concluſion of the Seſſion, 


that 


92 From the Reign of Henry VIII. to the Chap. 2. 
that he was ſet at liberty when the Parliament was pro- 
rogued, he thereby obtained the end he had in view, and de- 


frauded his creditor; no Act having been paſſed, as in the 
former inſtances, to ſave the right of a new execution. 


37. On the 29th of February, 157 5, Mr. Bainebrigg com- 
plains that one Williams had aſſaulted and threatened him; 
upon which the Serjeant is ordered to go directly for the ſaid 
Williams, that he may anſwer to the Houſe of ſuch matters 


as ſhall be objected againſt him: And the ſame day, Williams 


being brought to the Bar, and confeſſing that he did ſtrike 
Mr. Bainebrigg, it is ordered, That he do remain in the 
„Serjeant's ward, till the order of the Houſe be further known 
© to-morrow.” But I do not find any entry of any further 
proceeding. — In this Caſe, the Houſe of Commons (with- 


out applying to the Queen) followed the precedent they had 
eſtabliſhed in Mr. Johnſon's Caſe in 1554. See Ne 25.. 


38. The ſame mode of proceeding was adopted in a ſimilar 
Caſe, when, on the iſt of February 1580, Mr. Norton com- 


plains that two porters had much miſuſed him in his at- 


. = . 
e ⁰ ˙T! (.me §—% .,, 


* tendance on the ſervice of the Houſe. The Serjeant is 
ordered immediately to fetch them ; when they being at the 
Bar, and charged with their miſbehaviour, and rather 
excuſing than ſubmitting themſelves; and the matter being 
proved by evidence, they are both committed to the Serjeant 8 
ward till further order; but that the Speaker may, in the 
mean time, ſet one of them, who was only ſervant to the 
other, at liberty, upon his ſubmiſſion, if he thinks fit. On 
the 3d of February, the porter of Serjeant's Inn, (the Maſ- 
ter) © priſoner at the Bar, is, upon his humble ſubmiſſion 


and acknowledging his fault, remitted and ſet at liberty, 
2 his fees. | 


39. on 


Chap. 2. End of the Reign of Queen Elizabeth. 93 


39. On the 4th of February, 1580, Mr. Norton complains 
of a Book not only as reproaching ſome particular good 
Members of the Houſe, but alſo very much flanderous and 
« derogatory to the general authority, power and ſtate of 
this Houſe, and prejudicial to the validity of its proceed- 
« ings, in making and eſtabliſhing of laws. And it ap- 
pearing to the Houſe, that Mr. Hall, a Member, was the 
procurer that the ſaid Book was printed and publiſhed, he 1s 
ordered immediately to be apprehended by the Serjeant at 
Arms, aſſiſted by Sir Thomas Scott and Sir Thomas Browne: 


and a Committee is appointed to ſend for the Printer and 
examine him. — On the 6th of February, this Committee 


make a report, and Mr. Hall and the Printer being brought to 
the Bar, and further examination had, Mr. Hall is commit- 
ted to the cuſtody of the Serjeant, and other Committees are 
added to the former Committee to inquire further into this 
matter. On the 14th of February, Mr. Vice-Chamberlain 
reports what had appeared to the Committee; when Mr. 
Hall being again brought to the Bar, he ſubmitted himſelf to 
the Houſe and aſked pardon: And being withdrawn, ſun- 
dry motions, and arguments were had, touching the qua- 
lity and nature of his faults, and of ſome proportionable 
forms of puniſhment for the ſame, as, Impriſonment, 
Fine, Baniſhment from the fellowſhip of this Houſe, and 
an utter Condemnation. and Retractation of the Book.” 
But at laſt it was reſolved, without one negative voice; © that 
he ſhould be committed to priſon ;' and, upon another 
queſtion, * that he ſhould be committed to the priſon of the 


« Tower, as the priſon proper to the Houſe :* And it was 


further reſolved, © that he ſhould remain in the ſaid priſon 
for ſix months, and until he ſhould make retractation of 
the Book, to the ſatisfaction of the Houſe ; that he ſhould 


pay a fine to the Queen of five hundred marks; and that 


4 


& 


[ he 


94 From the Reign of Henry VIII. 2 the Chap. 2. 


he ſhould be preſently ſevered and cut off from being a 
Member of this Houſe any more during the continuance 
of this preſent Parliament: And a new Writ is ordered, 
in the room of Mr. Hall, fo as before diſabled to be any 
© longer a Member of this Houſe.'—And Mr. Hall being 
brought to the Bar, Mr. Speaker pronounces this Judgment 
againſt him.— After which, the courſe and form of theſe 
proceedings and Judgment of the Houſe are ordered to be 
digeſted and ſet down in due form, and entered by the Clerk, 
as other orders and proceedings are ; which was done accord- 
ingly *.—The offences, which drew upon Mr. Hall this very 
extraordinary puniſhment, are recited at large in the Journal, 
and were certainly a very high and dangerous contempt of 


the authority of the Houſe ; he had been before charged 


before the Privy Council for the ſame crime, and it appears 
from the names of the Committees, that the moſt confider- 
able Members of the Houſe, lawyers and others, were ap- 
pointed to examine into and conduct this matter; and yet, 
I ſhould ſuſpe& from the number of puniſhments which 
were heaped upon him, © Expulſion, Fine, and Impriſon- 
«« ment,” that there was ſome private hiſtory in this affair; 
ſome particular offence againſt the Queen, with which we 


are not acquainted ; for neither Prynn, nor the compilers of 
the Parliamentary Hiſtory, do, as I can find, mention a 


ſingle ſyllable of this very new and extraordinary proceed- 
 1ng.— On the 18th of March, being the laſt day of the 
Seſſion, Mr. Hall having not then made any revocation or 
retractation of the errors, flanders, and untruths contained 
in his Book, the Houſe appoint ſeveral Members of the 
Houſe, the moſt conſiderable in rank, to receive ſuch revoca- 
tion, when he ſhall pleaſe to make it, to be by them reported 


* It is extremely well worth while to whole of this proceeding, of which I have 
read the Entries in the Journal of the only given an abſtract. 
| — to 


r neee N — 
. Fiz” 99 n 
8 J . « PL. SL N r 8 n 5 * Fo BE 
5 N « . — «SEXES 4 4 . Ad 8 e 1 7 * 
83 13 8 7 e . U 4 3 r 1 £ , a 0 "> 8 rn. r n L Y 
* 5 A 4 Theft IO I IAN 2 pet — SR bar os fo OT ir vs es ee re a , - * 5 CR; — S . „% ns REN 
3 R FORD 8 = . F wN = 25 8 Ct 8 1 ard . „ ß III TA ES, ag WET > 
. 88 2 wh 2 he 2, ns Eh a 3 N e 255 n — > n 2 * 8 7 ” 2 N 4 Z \ 7 
3 CTC / OG te 0 ye 3 Er wt i Win SE hs Oy 5 
bs 3 Jr AT E e n 14 3 
At O Fae "5 v f * ann 5 * — Oo N , . 
2 C : 4 Pl ES . Cu STAT : 


Chap. 2. Eud of the Reign of Queen Elizabeth. 95 


to the Houſe in the next Seſſion ; but the Houſe does not 
ſhorten the time of his commitment, or remit any part of 
the Judgment pronounced againſt him. This Parliament 
being afterwards diſſolved, we find nothing more of this mat- 
ter in the Journal. But ſome years after, on the 21ſt of No- 
vember, 1586, Mr. Markham, Member for Grantham, ac- 
quaints the Houſe, on the part of the inhabitants of that 
Borough, that Mr. Arthur Hall, having been in ſome for- 
mer Parliaments returned a Burgeſs for the ſaid Borough, 
and in ſome of thoſe Parliaments diſabled for ever after- 
< wards to be any Member of the Houſe at all, hath of late 
© brought a Writ for his wages, (amongſt other times) for 


his attendance at the late Seſſion of Parliament, holden at 


« Weſtminſter *, in the 27th year of the Queen, during 
© which time he did not ſerve in the Houſe, but was, for 
£ ſome cauſes, diſabled to be a Member.“ This matter was 
referred to a Committee, who, on the 21ſt of March, report 
at large a ſtate of the facts; that Mr. Hall had commenced 
'< ſuits for his wages, as one of the Burgeſſes of the Parlia- 


ment in the 13th, 14th, 18th, and 23d years of the Queen, 


(not in the 27th,) but that the Committee having deſired 
him to remit the ſaid wages which he had demanded of 
the ſaid Borough, Mr. Hall had very freely and * 
« remitted the ſame T- 


The 1 Sw of the Houſe of Commons being 


miſſing, from the concluſion of the Parliament of the 23d of 


* It ſhould ſeem from this, that Mr. diately ſucceeding that in which he was 
Hall was elected for Grantham, in the expelled) ; and again in that which met on 
Parliament which met on the 23d of No- the 29th of October, 1586. 


vember, 1584 (the Parliament imme- + See this Report in Dewes, page 417. 


Queen 


— 
— 


A 
—— - - - 
— . — 


1 
he _ 4 — 9 . 
= PAPA — 5 A 
| ——— — — 


La 


— 
bn 
_ 


2 > Ke — 2 — 
—— „TTT 
Pig al," \ Tg = EW a P —— — 
1 "cles awe ens es —— ure acl p 7 1 
—— 


— 


. 
= X2 EO 
n E, l 


— 


J 1 15 


5 * 
1 f 
4 1 x 
's 5 
| K. 
* 4 : 
SSM a 
. r 4 
$14 + 1 7 
1's 


PI „. 
1 K 
y. 


** 
. a 4 0 
RL] ; 
1 Þ { 
* 


8 
4 * "1 ” * by 1 * ye 1 4 1 - Poo E * v 
a. — * *. 4 ne EI - kf $6 * n * 2 og «<P « piper + Anda oe. CITIES 1 IF. - oe 5 * . — 2 — . mY 
> Ws RS = — $$ - g hk , _ > r nr i a2. n 3 * * > en — 5 * a 2 . ſte 2 ae 3 $7 n OY a — * 
K = DSC . r 7 d nd 5 6 255 1 2 — 3 — 5 pd ET . . 1 n 9); ee I ** Eh > ts Lads: . La Lon bY 
— — l X e — * N : a 1 p — n 8 3 A SIS 1 Sow * : Les N ” . A EL A 8 . n Q 4 — : . 933 A 
Wen = - 5 * „ 1 . 2 a 4 Þ Sy IS 4 0 d ey 5 - PS A 2 4 — * Sing, ai et 1 > 74 \ 3 2 * 2 0 — 2 — . yo 5 
Fi * . _ — 2 1 N — — tp 4 * ++ * Ar . - ** In rr r R — OI * Kine CI 8 — — — : 1 IT p — — — — * - 4 
r 1 0 _— 8 - L „57% )))) TC 2 « e Dre : 
2 - - Or * p * 3 3 5 4 Y _ I Hs. 


er — 5 * "_ on 


LF 
"4 
» 

- 
Wks 
» 

98 7 
17 

+ 
: * 

2 
1 

7 
* 

" 1 . 
** 
=} 
5 

b 1 
*\f 
1 
1 

* 

a 

* 
* 
19 
124 
#7 
#7 
$57 
4 
1 
13 

of 

* 48:3 - 
KY 
va 

- 
2 
US 
4-4 
3 
5 
we 
* 
cl 
. 
1 
— 
* 

: Jr 
2 
* 

: 

: * 

. Tt 
. 
4.3 
* 

1 

„ 99925 
x ” 

1 15 
12 
1 

x 

Bos 

35 * 

FJ 

- o 7 
* 

-y 

i 
* 
5 
25 

> 

4 I ö 
i 

1 

= 

2% 

1 k. 
© : 

* 

1 
, 

- Cs. 
. 

* 

£ o 

1 * 

$4 . 

1 

I 
Iv 

4 P * 

N — 

1 

„ 47 
2 

I 

; 5 of 

1 
, 

++ 
17 
1 

"a 

=: 

"WP 

"1.0 

Tr 
> * 

* 

433d 
Ws 

4 

2 
* 
Loh 
2 

12 

7 * . 

1 

4 

. 
1 #:, 
=. 
ry. 

8667 + 
% » 

"3 

©. 

13/7 

1 
n 
- 

t 
7 
4 
* 


— 5? 
a> 


: 
0 
.N 
* 
: 
F 


TT 4 


. . J 
, . 


— 
4 
r 

32 


96 From the Reign of Henry VIII. to the Chap. 2. 
Queen Elizabeth, to the end of her reign, we are obliged to 
conſult the collection made by Sir Simonds Dewes for the 
proceedings of the Houſe during this period, through fix ſuc- 
ceſſive Parliaments: Sir S. Dewes informs us, in his preface, 
from what materials he compiled this Work; and as it is a 
very laborious, ſo it has been in general conſidered as an im- 
partial collection, and is now become very valuable from the 
loſs of thoſe originals from whence it was extracted. 


40. On the 1oth of February, 1584, a motion was made 
touching the opinion of the Houſe for Privilege in Caſe of a 
Subpœna out of the Chancery, ſerved upon Richard Cook, 
Eſquire, a Member; and it was ordered, That Mr. Re- 
© corder of London, Mr. Sands, and Mr. Cromwell, attend- 
ed on by the Serjeant of the Houſe, ſhall preſently repair, in 
the name of the whole Houſe, into the body of the Court of 
Chancery, and there to ſignify to the Lord Chancellour 
and the Maſter of the Rolls, that, by the ancient liberties of 
this Houſe, the Members of the ſame are privileged from 
being ſerved with Subpœnas; and to require withal not 
only the diſcharge of the ſaid Mr. Cook's appearance before 
them on the ſaid Subpœna, but alſo to deſire that from 
« henceforth, upon like Caſes, the ſaid Lord Chancellour and 
« Maſter of the Rolls, will allow the like Privileges for other 
Members of this Houſe, to be ſignified to them in -writing 
under Mr. Speaker's hand.” The next day, the 11th of Fe- 
bruary, Mr. Recorder, Mr. Cromwell, and Mr. Sands be- 
ing returned from the Chancery, declare unto the Houſe, 
that they have been in Chancery within the Court, and 
there were very gently and courteouſly heard in the delivery 
* of the meſlage and charge of the Houſe committed to them ; 
and were anſwered by the Lord Chancellour, that he thought 


© this 


Chap. 2. End of the Reign of Queen Elizabeth. 97 


this Houſe had no ſuch liberty of Privilege for Subpcenas, 
as they pretended, neither would he allow of any precedents 
of this Houſe committed unto them formerly uſed in that 
behalf, unleſs this Houſe could alſo prove the ſame to have 
been likewiſe thereupon allowed and ratified alſo by the 
« precedents in the ſaid Court of Chancery; and after ſome 
« ſpeeches and arguments, the ſaid Mr. Sands and Mr. Crom- 
well were further appointed to ſearch the precedents of 
« this Houle againſt the morrow, that thereupon this Houſe 
* may enter into further conſideration of the ſtate of the Li- 
© berties and Privileges of this Houſe accordingly*.” I do not 
find that theſe Gentlemen, or either of them, ever made any 
report of the precedents they found on this ſubject; nor in- 
deed has any thing of this ſort yet occurred, except in the 
two before recited Caſes, of Mr. Beaumont N* 24, and Mr. 
Eyms Ne 28, neither of which would have been of much 
ſervice to them in ſupport of the doctrine advanced * the 

Houſe to the Lord Chancellor. 


41. In the next t Caſe which occurred, and which was of a 
ſimilar kind, the Houſe finding that they might meet with 
difficulties in applying to the Courts, took the remedy into 
their own hands, and adopted from this time a mode of 
proceeding, which proved more effectual to correct the 
evil. 


On the 1oth of February, 1584, Mr. Anthony Kirle is or- 
dered to attend the next day, to anſwer to ſuch matters as 
ſhall be objected againſt him on the behalf of Mr. Stepneth, 
Member for Haverford-Weſt: Being the next day brought to 


the Bar, he is charged by Mr. Speaker, in the name of the 
* whole Houſe, with a contempt to the Houſe, for that he 


* See Dewes's Journal, p. 347. 


O had 


98 From the Reign of Henry VIII. to the Chap. 2. 


© had ſerved Mr. Stepneth, a Member, with a Subpœna out 
of the Star Chamber in Parliament time, and within the 
palace of Weſtminſter, as the ſaid Mr. Stepneth was com- 
ing to the Houſe to give his attendance there, and had fur- 
ther procured an attachment out of the ſaid court againft 
him, to the great hinderance and impediment of Mr. 
« Stepneth's ſervice and attendance in the Houſe, and alſo to 
his great coſt and charge.“ To this charge Mr. Kirle was. 
heard in his excuſe; and then it was reſolved, © That the 
« ſaid Mr. Kirle had committed a great contempt to the 
* whole Houſe, and the Liberties and Privileges of the ſame, 
both in ſerving the ſaid Subpœna upon the ſaid Mr. Step- 
neth, and alſo in procuring the ſaid attachment againſt him, 
and in all the reſidue of the parts of the ſaid ſuit from the 
time of ſerving the ſaid Subpœna hitherto.” And there- 
upon it was ordered and adjudged by the Houſe, * That the- 
« ſaid Anthony Kirle ſhall, for his ſaid contempt, be commit- 
ted priſoner to the Serjeant's ward and cuſtody, there to- 
remain during the pleaſure of the Houſe; and ſhall alſo 
ſatisfy and pay unto the ſaid Mr. Stepneth, as well all ſuch 
his coſts, charges, and expences by him expended in and 
about the ſame ſuit, as ſhall be ſet down and agreed upon: 
by Mr. Morrice and Mr. Sands, (who were for that pur- 
poſe appointed by the Houſe to confer with the ſaid Mr.. 
Stepneth, and to examine thoſe charges) as alſo all other 
charges and expences which the ſaid Mr. Stepneth hath. 
been at, or defrayed unto the ſaid Serjeant, in or about the 
* arreſting which ſhould have been executed upon him by. 
virtue of the foreſaid attachment out of the Star Chamber, 
* at the ſuit of the ſaid Mr. Kirle.“ After which the ſaid. 
Mr. Anthony Kirle was brought again to the Bar, and there: 
kneeling upon his knees, Mr. Speaker pronounced unto him 
the ſaid Judgment in form aforeſaid, in the name of the whole 

5 I 6 


N 


* 


* 


A 


SM * N N * 


* 


Chap. 2. End of the Reign of Queen Elizabeth. 99 
Houſe.—And, on the 16th of February, a motion was made 
for Mr. Kirle's releaſement from his Impriſonment; and 
thereupon he was brought to the Houſe, and kneeling 


upon his knees, making very humble ſubmiſſion to the 


* Houſe, and acknowledging his fault, alledging it alſo to 
have proceeded of ignorance, and not of wilfulneſs ; and 
* likewiſe having paid to the Serjeant, to Mr. Stepneth's uſe, 


the money ſet down by Mr. Morrice and Mr. Sands, ac- 
« cording to the former order of the Houle,' he was diſ- 


charged, paying his fees, after he had firſt taken the Oath of 
Supremacy *. 


42. On the 27th of February, 1 586, the Houſe was in- 


formed, that one William White had arreſted Mr. Martin, a 
Member of the Houſe; therefore it was ordered, That the 


< Serjeant ſhould warn White to be here to-morrow, fitting 


the Court.” On the 6th of March, William White was 
brought into the Houſe, to anſwer his contempt for arreſt- 
ing Mr. Martin; who anſwered, * that he cauſed him to be 
< arreſted the 22d day of January, which was above fourteen 
days before the beginning of the Parliament.“ The Houſe 
upon this appoint a Committee to ſearch precedents, who 
on the 11th of March make report, of the Privilege of Mr. 
Martin, arreſted upon meſne proceſs by White above twenty 
days before the beginning of this Parliament, holden by 
< prorogation, (miſtaken for adjournment) and in reſpect that 
the Houſe was divided in opinion, Mr. Speaker, with the 
conſent of the Houſe, moved theſe queſtions to the Houſe : 


* 


K 


1.) Whether they would limit a time certain, or a rea- 


Aa 


ſonable time, to any Member of the Houſe for his Privilege ? 


* See Dewes's Journal, p. 347, et ſeq. 
| 0 2 . The 


— 


— 2 5 . . 5 * 5 23 * 2 — 
1 = £'% - £ * * E . 5 3 * - 

RE 2ERN __ 1 r — > 8 — lng te 
n > 3 5 wg — 
——— — 2 2 I eg des SEE SIS 4 7 4 - 
III ben were 


- 43.994 Do — 4 


LITER 
— 


„ 
— 


— 


* 
1 * 


8 1 5 3 OE r he om. 
bers „ 8 8 ſp \ * 8 i hk 4. g * 
n = ware. rr « VIV s — 5 : 
. Ge In HIV : — —— — — 
. S : 
es aa 


be ; — — 
* *-. —_ * — * 1 2 — — — 
. * =: E 2 ; — — 2 — 2 
55-- * — 43244 * = = 
LY — —- 2 
— N ＋ 5 o hk — — i CER P= 
SI, n D — 2 = 
a * — * - bad ke = 7 — — — 
— = — — * — _ 2 P y - = 


. — 
2 


— 


_— —. . 
— 


4 
AS ER 
— * 
. 


— 


hy * hs 
3 OO, 3s oe 
x = owe —— * 


e : 
* — 
Loh — mpeg 
5 * 8 ** ts Re 
— 5 I." on s 
. 
1 2 


100 From the Reign of Henry VIII. to the Chap. 2. 


* The Houſe anſwered, A convenient time. 


© (2.) Whether Mr. Martin was arreſted within this reaſon- 
able time? 
0 The Houſe anſwered, Vea. 


c. 40 if White ſhould be puniſhed for arreſting; Martin ? 
The Houſe anſwered, No; becauſe the arreſt was twenty 
days before the beginning of the Parliament, and unknown 
© to him that would be taken for reaſonable time. But 
the principal cauſe why Martin had his Privilege, was, for 


© that White the laſt Seſſion (miſtaken for Meeting) of Par- 


* hament arreſted Mr. Martin, and then knowing him to 
be returned a Burgeſs for this Houſe, diſcharged his. ar- 
« reſt; and then afterwards Mr. Martin again returning to 


London to ſerve in the Houſe, Mr. White did again arreſt 


* him; and therefore the Houſe took in evil part againſt 
* him his ſecond arreſt, and thereupon judged, that Martin 
« ſhould be diſcharged of his ſecond arreſt out of the Fleet, 
5 the ſaid Mr. White *. 


This Parliament met on the 29th of October, 1 586: On the 
2d of December, they were adjourned, by Commiſſioners from. 
the Queen, to the 1 5th of February following; ſo that this ar- 


reſt was not either before the beginning of the Parliament, or 


during a prorogation, but on the 22d of January, during an 
adjournment, and conſequently clearly within Privilege. But 
we learn from this Caſe, how very cautious the Houſe of Com- 


mons were in aſcertaining the time and duration of Privilege 


beyond the actual ſitting of Parliament, not chooſing to limit a 
time certain, but to reſerve, within their own judgment, the de- 
finition of what ſhould be thought reaſonable or convenient. 


See Dewes's Journal, p. 410. et ſeq, 


This: 


Chap. 2. End of the Reign of Queen Elizabeth. 101 


This too being an arreſt only upon meſne proceſs, there was no 


difficulty as to the propriety of diſcharging Mr. Martin, or doubt 
about the mode of delivery, as he was liable to be again arreſt- 


ed immediately after the expiration of the time of Privilege. 


43. On the 27th of F ebruary, I 586, Mr. Cope ©« firſt uſing 


© ſome ſpeeches touching the neceſſity of a learned Miniſtry, 


and amendment of things amiſs in the Eccleſiaſtical State, 


offered to the Houſe a Bill, and a Book written; the Bill, 
containing a petition, that it might be enacted, * that all laws 
© now in force touching Eccleſiaſtical Government ſhould 
be void; and that the Book of Common Prayer now of- 
fered, and none other, might be received into the Church 


to be uſed. The Book contained the Form of Prayer, with 


the Rites and Ceremonies to be uſed. -A debate aroſe whe- 


ther this Book ſhould be read, the Speaker and one Mr. Dalton 


objecting, * that her Majeſty, before this time, had command- 
© ed the Houſe not to meddle with this matter, and that this 
* might bring her Majeſty's indignation againſt the Houle, 
thus to enterprize the dealing with thoſe things, which her 
* Majeſty had taken into her own charge and direction. Mr. 
Lewknor, Mr. Hurlſton, and Mr. Bainbrigg ſpoke on the 
other ſide; and fo, the time being paſt, the Houſe roſe with- 
out either the Petition or Book being read. On this the 
Queen ſent to the Speaker for the Petition and Book; and the 
next day, the 28th of February, the Houſe did not ſit, the 
Speaker being with the Queen; but on the 2d of March, 


Mr. Cope the propoſer of the Bill, and Mr. Lewknor, 


Mr. Hurlſton, and Mr. Bainbrigg, the ſupporters of it, were 
ſent for to the Lord Chancellor, by divers of the Privy 
Council, and from thence were ſent to the Tower. The day 


before, viz. the 1ſt of March, Mr. Wentworth had ſhared. 


the ſame fate, probably for a Speech which he made touch- 
X ing 


* 


9 755 . — a. 
. NE 


—_—_———— 


= 1 —— — 
8 _ - pes FG — 
EY "_ 
Et RET 
1 9 
= — ” - = = 


— — — 


2 - — 


Won 


ET 


. 4 mu" . _ 
3+ gp ogg eng Mb” Ct 
— — 


«1 
— * — 
— 


- mo god — 
— —— Fs 7 
SS - 


— 22 
— _ 


ä 


E 7 
— — "hs <f 
i > * £73 BE 


* — 22 
= — * < = — — offs 
— 5 SS = 


3 
Fe MES; g : » _—_ - — . 3 — : — — 5 —— — 88 8 
- 5 SA _ — AT >a 2 — 0 * 3 0 7 - 2 — . 
7 c 8 5 5 1 9 Yon: . % ne on a 8 Yap * * . AX L; I" T 
82 — - = SA; n n Fn. a 33 — IN = NO — — = 2 * — —— — a . 
——- $5 b rr ions EC. — 5 — + 3 2 2 — „ — 5 — 2 5 - 7 —— (— 
MOV Ines ok Be — 3 — * ISNT r Fa. - N r 8 r n — 2 => ke 2 > 
* r * 2 4 hs: Rm E 3 to TP XY. > I, LR 7 E — 2». * y Pe 2 — „ 8 — EC 5 1 . I AE re ID , l 
I Te; — 2 _— ˙ 300 re 2 * 33 — ar — WE — —⅛ = — — 7 oth 
th 3 * — * 5 8 r r In — - — — 
. , 8 


* 
E 
r 
et A ables 
* 


ö 
— — 
2 . 1 

— * 


102 From the Reign of Henry VIII. to the Chap. 2. 


ing the Liberties of the Houſe of Commons, and ſome 
queſtions which he propoſed to Mr. Speaker upon that ſub- 


ject; © which queſtions Mr. Serjeant Puckering (then Speaker) 


pocketed up and ſhewed to Sir Thomas Heneage, who ſo 


© handled the matter, that Mr. Wentworth went to 


the 


Tower, and the queſtions not at all moved“. The Houſe, 
not warmed with that ſpirit of freedom which their prede- 
ceſſors had ſo properly exerted, in the ſimilar Caſe of Mr. 
Strickland, in the year 1571, ſat, without taking any notice 


of this groſs violation of their Privileges, till the 4th of March; 


when Sir John Higham made a motion, for that divers 
good and neceſſary Members thereof were taken from them, 


that it would pleaſe the Houſe to be humble petitioners to 
her Majeſty, for the reſtitution of them again to the Houle.” 


To which Mr. Vice-Chamberlain (Sir Chriſtopher Hatton) 
anſwered, that if the Gentlemen were committed for matter 


* within the compaſs of the Privilege of this Houſe, then 


there might be a Petition; but if not, then we ſhould give 
© occaſion of her Majeſty's further diſpleaſure ; and there- 
fore adviſed to ſtay until they heard more, which could 


not be long; and further, he ſaid, touching the Book 
the Petition, © her Majeſty had for divers good caules, 


— 


* known to herſelf, thought fit to ſuppreſs the ſame, without 


and 


beſt 


any further examination thereof; and yet conceived it very 
< unfit for her Majeſty to give any account of her doings.” 


With this evaſive anſwer of Mr. Vice - Chamberlain, 


the 


Houſe waited patiently till the 14th, when Mr. Cromwell 
moved < to have ſome conference with the Privy Council of 
this Houſe, and ſome others, concerning thoſe Gentlemen, 
Members of this Houſe, lately committed to the Tower: 
Whereupon a Committee was appointed ; but they made 
no report ; nor do I find that any thing further was done in 


* For Mr. Wentworth's ſpeech and queſtions, ſee Dewes's Journal, p. 410. 


this 


5 5 
2 
+ 
nm * 
1 
8 
— 2 
7 
SE 
4” 
Ez 
F: 8 
T 
X 
% 
IJ 
Y 
© 
9 
* 8 
. i 
F 
— 
5 
+; 
7% 
. 
5 
5 
1 


3 
* 
2 . 
2 75 k 
r . 
2 
$5 
* 
FREY 
RV 
{hex 
2 
74 
94 
- 
1 — 
— n 
3 


. 
A 


ey 
))) 
* 


Chap. 2. End of the Reign of Queen Elizabeth. 10 3 
this matter during the remainder of the Seſſion, which cloſed 
on the 23d of March. 


44. On the 12th of February, 1588, Mr. Puleſton, Mem- 


ber for the County of Flint, complains, © that William Ayl- 
mer, Eſquire, did, ſince the beginning of the Seſſion, cauſe a 
« Subpcena to be ſerved on him out of the Star Chamber, to 
the prejudice of the Liberties and Privileges of this Houſe, 


* 


and offers the precedent of Mr. Stepneth, under the hand 
of the Clerk; which precedent being read, (Vide N* 41,) Mr. 
Aylmer is brought to the Bar, where Mr. Speaker, in the name 
of the Houſe, charges him with the contempt, and requires 


his anſwer; who, thereupon, in all reverent and humble 


* ſort, ſhewed that the ſaid Bill, whereupon. the ſaid Subpana. 
was awarded, did concern a wrong, not only to her Ma- 
« jeſty, but alſo. unto this honourable Houſe, m an indirect 
_ © courſe of proceeding in the election of the Knights for the 
© County of Denbigh, into this preſent Parliament, procured 
by the ſaid Mr. Puleſton; and fo intimating, that the 


ſaid Bill and ſerving of the ſaid Subpœna did tend to the 


maintenance. of the Liberties and Privileges of this Houſe *. 
Mr. Aylmer being withdrawn, it is reſolved, after ſome de- 
bate, that this matter ſhould be conſidered of by a Com- 


* mittee ; and that Mr. Aylmer (partly, for that he had been 


oftentimes heretofore a Member, and was an honeſt and grave 
Gentleman) ſhould be left at liberty, but ſhould be charged 
by Mr. Speaker, in the name of this whole Houſe, to ſur- 
ceaſe his ſuit againſt Mr. Puleſton in the mean time. A Com- 
mittee is accordingly appointed, and Mr. Aylmer being again 


* 


6 


Ka 


brought to the Bar, Mr. Speaker ſignified to him the order of the 


* It has been very properly obſerved, filing a Bill in the Star-Chamber, ſhould. 
that it is rather extraordinary, that Mr. allege that the Bill was for election mat- 
Aylmer, in alleviation of his contempt in ters. 

; Houſe, 


to anſwer there to a Bill, and prays the order of the Houſe ; 


_ 

BIS. , — 24 
23 4 * - 

—— — SS - 


* & —V — * — 
— 2 a b — = IR - = 2 - 
4 * 5 3 — * -, - 2 15 9 =_ ls 2 — = 2 - 4 \ = — -Y 2 "LG SD \ 
* r - oe PLS x - ” 4 a — — — — 4 — * 
— po 7 7 _— or 4 ——— —— — — - _- * 
m . atten > a . W 
— ah l . 2 


1 
oy 
At 
by 
' +2 
* 
— in 
i ! J 
” # 
i o 
„ 
Tn" 90 
1 
1 3 
1 f 
k- 44 
{ ; 
Rk 
FA 9 
1 
„ 
\ BIG 
tad, 
* 
0 " 
von! 
LURE 
1 ics 
Sd 
: ml 
T Mt 
(3 $7; Y 
11506 
l F 4 
' * 
e 
1 
7 jt 
N 
1 
1 1 
' * 
i [ 
1 * 
| % 
; Re 
IT] 
1 ” 
} 
} Ll 
] iy 
4 
M 
* 
4 
þ 
1 0 
1 
14 
ny 
7 ob} . 
f *7 
1 
j . 
1 
1 * 
þ { iT 
{ NIV 
l 14d 2.4 
f ALES 
i SLY 
K 
1 Tho”; 
AS 
F N. 
134 
n 
$45 
fs 
i 147 
8 
W N 
$3.6 
WY 
19 
1 * 
7 ; 
55 
N 
1 
; 10 
"2 
. 4 
4 V 
5 ** 
Ts. 
425 
: 4 
1 54 
RS 
| 3 
Tit 


= a 
. - I LL 
r 2 fe * 

R's LIT E > as 


: 2 — 
r ERR 
r 3 2 
* i — 4 * — — - 


_ 


104 From the Reign of Henry VIII. to the Chap. 2. 


Houſe, diſcharged him from the cuſtody of the Serjeant, and re- 


quired him to attend the Committee from time to time, and 
to forbear, in the mean time, to proceed againſt Mr. Puleſton ; 
to which he readily aſſented.— On the 19th of February, Mr. 


Vice-Chamberlain reports from the Committee, their opinion 


upon all the circumſtances of the Caſe, © that Mr. Aylmer 
had committed a contempt unto this Houſe, in prejudice of its 
« Liberties and Privileges.” He however recommended mercy 
to the Houſe, not only on account of Mr. Aylmer's hum- 


ble and dutiful behaviour before the Committee, but from 
other favourable circumſtances attending his Caſe, and there- 


fore propoſed, © that he might (acknowledging his fault, and 
upon his humble ſubmiſſion to be made to the Houfe, and 
craving pardon for his ſaid contempt) be ſet at liberty and 
£ diſcharged, paying the Serjeant's fees: After ſundry ſpeeches 
and arguments, wherein it appeared, that Mr. Puleſton had 
already voluntarily, without the privity of the Houſe, and 


© ſince his complaint, put in his anſwer to the Bill, and that 
ſo the matter was actually at iſſue, the Houſe ordered, 


That Mr. Aylmer ſhould not only be at liberty to proceed 
in his ſuit, without offence to the Houſe, but ſhould alſo, 
upon his humble ſubmiſſion to be made to the Houſe, be diſ- 
charged of his ſaid contempt, paying his fees to the Serjeant 


of the Houſe ;*' which order and judgment of the Houſe 


(Mr. Aylmer being again brought in by the Serjeant) Mr. 
Speaker pronounced unto him, and then, yielding unto the 
Houſe his moſt bumble thanks, he departed and went his 


way *. 


45. On the 21ſt of February, 1 588, upon a motion made 
by Mr. Harris, that divers Members of this Houſe, having 
5 Writs of N if Prius brought againſt them to be tried at the 


* Vide Dewes's Journal, page 431. ct ſeq. 


Chap. 2. Eud of he Reign of Queen Elizabeth. 10 5 


« Aſſizes, in ſundry places of the realm, to be holden and kept 
in the Circuits of this preſent vacation, and that Writs of 
< Superſedeas might be awarded in thoſe Caſes, in reſpect of 
< the Privilege of this Houſe, due and appertaining to the 
Members of the ſame.” It is agreed, that thoſe of this 
* Houſe, which ſhall have occaſion to require ſuch benefit of 
Privilege in that behalf, may repair unto Mr. Speaker to 
declare unto- him the ſtate of their Caſes, and that he upon 
his diſcretion (if the Caſe ſhall ſo require) may direct the 
Warrant of this Houſe to the Lord Chancellor of Eng- 
< land, for the awarding of ſuch Writs of Superſedeas accord- 
< ingly. It is remarkable, that this propoſal of Mr. 
Harris, made almoſt as a motion of courſe, ſhould be im- 
mediately and without debate adopted by the Houſe, when 

nothing ſimilar to- this proceeding has occurred ſince the 
Writs in the eighth year of Edward II. cited by Sir Edward 


Coke, (N' 3.)—The Houſe of Commons continued fitting 


till the 2gth of March; and, as we hear of no further com- 
plaint upon this ſubject, it muſt be taken for granted, that the 
Lord Chancellor (then Sir Chriſtopher ra) obeyed the 


Speaker's Warrant“ *, 


46. On the 24th of February, 1592, Mr. Peter Went- 
worth and Sir Henry Bromley delivered a petition unto the 


Lord Keeper, therein defiring the Lords of the upper Houle, 
to be ſuppliants with them of the lower Houſe, unto her 


« Majeſty, for entailing the ſucceſſion of the Crown, whereof 
a Bill was ready drawn by them.“ The Queen, always ex- 
tremely jealous upon this ſubject, as well as upon every thing 
which affected her prerogative in matters of Religion, was ſo 


much offended, that ſhe charged the Council to call the 


parties before them.” Ty were accordingly ſummoned the 


P next 


* — 4 +. 4 wa & > ns = 
= — ene — — 
— re POR — — — — — — 
A nw <q ano, >, 3 — — — — — a — — — 
— . —ů — — 4 - — _ 1 


re 1 — —— — — 
— oy — . * = 
——ů—— ů ů — — — on I, 2 —ͤ 


— 


1 SS —— es "I may He 
— — —— — ꝝ¶— — — — Go 


o 
Abo s 
—— — ů — 


r - 


106 From the Reign of Henry VIII. to the Chap. 2. 


next day, Sunday, before the Lord Treaſurer, the Lord Buck- 
hurſt, and Sir Thomas Heneage, and were told, that her 


Majeſty was ſo highly offended, that they muſt needs com- 
mit them: Mr. Wentworth was accordingly ſent priſoner 
to the Tower, and Sir Henry Bromley, and one Mr. Richard 
Stevens, to whom Sir Henry Bromley had imparted the mat- 
ter, and Mr. Welſh, the other Member for Worceſterſhire, to 

the Fleet. Though this was not literally a commitment for 
their ſpeeches or behaviour in Parliament, yet it had ſo near a 
relation to it, that one is ſurpriſed to find no notice taken of 
it for ſeveral days; however, on the roth of March, the Houſe 


being engaged on the ſubject of granting ſubſidies, Mr. Wroth 


made a motion, That in reſpe& that ſome Counties might 
* complain of the tax of theſe many ſubſidies, their Knights and: 
* Burgeſles never conſenting unto them, nor being preſent at 
the grant; and becauſe an inſtrument, taking away ſome of 
© its ſtrings, cannot give its pleaſant ſound ; he therefore de- 
fired, that we might be humble and earneſt ſuitors to her Ma- 
jeſty, that ſhe would be pleaſed to ſet at liberty thoſe Mem- 
bers of the Houſe that were reftrained.' To this it was an- 
ſwered by all the Privy Counſellors, « That her Majeſty had 
committed them for cauſes beſt known to herſelf; and for 
us to preſs her Majeſty with this ſuit, we ſhould but hinder 
them whoſe good we ſeek ; and it is not to be doubted but 


PR 


La) 


© her Majeſty, of her gracious diſpoſition, will ſhortly of her- 
« ſelf yield to them that which we would aſk for them, and 


it will UK her better to have it left unto herſelf, than ſought 


© by us.” With theſe aſſurances the Houſe acquieſced ; and 


though they continued fitting above a month, it does not 
appear from any circumſtances, that theſe Gentlemen were 
ever releaſed, or that any farther motions were made about 
them *. 


See Dewes, p. 470, et ſeq. | 


Chap. 2. End of the Reign of Queen Elizabeth. 107 


47. On the 1ſt of March, 1592, Mr. Serjeant Yelverton, 
from the Committee of Privileges and Elections, reported the 
following Caſe, Thomas Fitzherbert of Staffordſhire, being 
« outlawed upon a Capias Utlagatum after judgment, is elected 
«< Burgeſs of this Parliament: two hours after his election, be- 
fore the indenture returned, the Sheriff arreſted him upon 
this Capias Utlagatum: the party is in execution: now he 
< ſendeth his ſupplication to this Houſe, to have a Writ 
from the ſame to be enlarged to have the Privilege in this 
Caſe to be grantable. Several queſtions aroſe out of this 
Caſe ; (1.) Whether Mr. Fitzherbert, being outlawed, was 
« eligible ?” (2.) If he were eligible; yet whether, under the 
« circumſtances' of his Caſe, he was entitled to Privilege?” 
(3.) and laſtly, If entitled to Privilege, in what manner he 
* ought to be delivered? Very long and almoſt daily debates 
enſued upon theſe Queſtions, until the 5th of April; for which 
I ſhall refer the Reader to Dewes's Journal, where they are en- 
tered at length, and from which much Parliamentary learning 
1s to be collected. On the 5th of April, the Houſe came to 
the following reſolution, * That Thomas Fitzherbert was, by 
his election, a Member thereof; yet that he ought not to 
have Privilege, in three reſpects ; (I.) becauſe he was taken in 
execution, before the return of the indenture of his election; 
(2.) becauſe he had been outlawed at the Queen's ſuit, 
and was now taken in execution for her Majeſty's debt ; 
(3.) and laſtly, in regard that he was ſo taken by the Sheriff, 
neither ſedente Parliamento, nor eundo, nor redeundo.'—1 
cannot help obſerving, that there was ſomething very par- 
ticular in this determination, it being the firſt inſtance in 
which the Houſe had permitted their Member to be detained 
from his ſervice, by any proceſs whatever, in a Civil Suit; as 
to the third reaſon, which Prynn, in the fourth Regiſter, P- 
648, calls the grand reaſon,” viz, that he was taken nei- 


P 2 | or ther 


A 


a 


K 


108 From the Reign of Henry VIII. to the Chap. 2. 
ce ther ſedente Parliamento, nor eundo, nor redeundo;” the 
Houſe muſt have forgot the doctrine laid down but a 
very few years before, in Mr. Martin's Caſe, (N* 42.) about 
« what was the reaſonable time of Privilege ;” when, in the 
5 preſent inſtance, Mr. Fitzherbert was arreſted on the 3d of 
February, and the Parliament met on the 19th of the ſame 
month. Sir Edward Coke, at that time Speaker and her 
Majeſty s Solicitor General, took a very extraordinary part 
in the arguments upon theſe queſtions, as may be ſeen in 
Dewes, p. 482. and 515; and having propoſed © that, before 
© a Writ of Privilege ſhould be granted, it would beſt ſuit 
the gravity of the Houſe to grant a Habeas Corpus cum 
© cauſa, returnable in Chancery, the Sheriff to appear, and 
the whole matter being tranſmitted out of the Chancery, 
© the Houſe then to judge upon the whole Record ; by 
which means it would be no eſcape in the Sheriff, nor would 
the party loſe his action of debt, though Fitzherbert ſhould 
be delivered ;* the Houſe (it is ſaid) well hked and adopted 
this novel and very ſtrange mode of proceeding forgetting that, 
in former Caſes, theſe difficulties, now ſtarted by Mr. Speaker, 
had been eaſily obviated by a ſpecial Act of Parhament.—But,, 
to their great ſurpriſe, on the 7th of March, Sir Edward 
Hobby reports, © that, having moved the Lord Keeper touch- 
ing the ſaid Writ of Habeas Corpus, his Lordſhip thinketh 
© beſt, in regard of the ancient Liberties and Privileges of this 
'«£ Houſe, that a Serjeant at Arms be ſent by order of this 
« Houſe for the ſaid Mr. Fitzherbert, by which he may be 
brought hither without peril of being further arreſted by the 
© way, and the ſtate of the matter then conſidered of and ex- 
« amined into.” And this advice of the Lord Keeper Pucker- 
ing was well liked and allowed by the Houſe ;* as more con- 
ſonant to their own dignity, and more agreeable to former pre- 


cedents, than the advice of Mr. Speaker Coke. On the 12th 
— 


* a 


Chap. 2. End of the Reign of Queen Elizabeth. tog 
of March, Mr. Serjeant Moore,, being heard at the Bar as 
Counſel for the Sheriff, not only miſtakes the fact of the time 
of the arreſt, * as being three hours before the election, inſtead 
of two hours after, but gives that as the reaſon why the 


© Houſe did not allow him Privilege, becauſe he was arreſted 


© before he was elected a Burgeſs x. However, after a long hear- 
ing of the parties by their Counſel, the Houſe returned again 
to the Writ of Habeas Corpus ; and, on the 17th of March, it 
was reſolved by the Houſe, * That this Houſe, being a Court 
of Record, would take no notice of any matter of fact at all 
in the ſaid Caſe, but only of matter of record; and that Mr. 
Speaker ſhould move the Lord Keeper for a return, to be 
made by the Sheriff into the Chancery, of the Writ of 
Habeas Corpus, awarded by his Lordſhip upon motion. 
from this Houſe. On the zd of April, the Lord Keeper 


* A ry A 


K 


ſent the Record of Fitzherbert's execution to the Houſe; and 


the Chancery men who brought it, were called into the 
* Houle to the Bar, and were appointed to read it, ut Clerici; 
and the Houſe ordered the Writ ſent out of Chancery, to be an- 
nexed to the Record: A very learned debate then aroſe, as to 
what power the Houſe could exerciſe, in conſequence of this 
Writ and the Sheriff's return; which ended, on Friday the 
5th of April, in the final reſolution and determination of the 
Houle, as ſet down before, that Mr. Fitzherbert ought not 


to have Privilege. There would have ariſen a very great 


difficulty, if the Houſe had come to a different determination, 
and had thereupon proceeded to deliver Fitzherbert out 
of cuſtody, viz. that the right of taking him in execu- 
“tion for this debt would have been gone, the Capias being 


5 See Moore's Reports, p. 340. From grounds on which the Houſe proceeded ; 
whence it appears that the Serjeant, as may be ſeen from the Hiſtory of this 


though himſelf Counſel in the cauſe, en- Caſe in Dewes, Townſhend, and Prynn. 
tirely miſtook both the fact and the 


« ſatisfied,” 


4% 
7 
$ 
Fe 
| 

+ 


110 From the Reign of Henry VIII. to the Chap. 2. 


< ſatisfied.” This difficulty did not occur (in the only in- 
ſtances in which the Houſe hitherto had adopted this mode 
of proceeding) in Ferrers's and Smalley's Caſe ; for in the firſt, 
(N' 19.) Ferrers was only a ſecurity, and the debt was ſtill 


recoverable againſt the Principal ; in the latter, (N* 36.) the 


Houſe made it part of the condition of Smalley's releaſe, that 
* the debt ſhould be firſt ſatisfied :” Elſynge indeed *, is of 
opinion, „that an arreſt upon an execution for debt, treſ- 
« paſs, or contract, 1s merely void, and that it can be no 
<< prejudice to the Plaintiff ; but he may have a new execu- 
tion after the end of the Parliament.“ This however was 
not a doctrine eſtabliſhed at the time of Fitzherbert's Caſe ; 


and the proceedings of the Houſe, in the ſubſequent Caſe of Sir 


Thomas Shirley, in the firſt year of James I. and the Act of 
Parliament of that.year, Ch. 13. certainly prove this opinion 
of Elſynge to be ill- founded in point of law ; the debt 
therefore to the Queen, and others, for which Fitzherbert 
was taken in execution, and the right to arreſt him again, 
could only have been ſaved by a ſpecial Act of Parliament, 
as in the Caſes of Lark, Clerk, Hyde, and Atwyll . 


48. On the 5th of April, 1593, Mr. Neale, Burgeſs for 
Grantham, complains, © That he had been arreſted, the Sunday 
before, upon an execution; that he had paid the money due 
upon the execution, but that, out of regard to-: the Liberties 
and Privileges of the Houſe, he thought it his duty to ac- 


quaint them with it.“ The next day, the 6th of April, Web- 
len, the perſon at whoſe ſuit the execution was had, and the 


officer who executed it, were, for their contempt, committed 


_ priſoners to the Tower, there to remain during pleaſure ; and, 


* Page 245. | _ Caſe of Fitzherbert, but will conſult the 


The curious Reader will not be con- ſeveral Entries in Sir $. Dewes's Journal, 


tent with the abſtract I have given of this p. 479, et ſeq. 


on ' 


* 

7 

N 

. 
A. 
7 
a> 
So, 
| 
f 
5 
# Wl 
T7 
* 

» 
*X 
* 

* 

* 
We 
8 
* 


* by 
2 
oP 
$i 
V 
Ke 
ZE 
XY 


5 a = RO | 
8 ra wh oo 5 3 3 . * 5 3 
8 PWW REY 
Sago 7 hs ne + vc v6. ts aaa 

7 i 


8 


r Fg . Lal 


2 4. 
oe - 227 3 IT LES SE ION | 8 1 : bs It RA, r POR NPR a ee I FENG te es es es F cc He IAN - . 8 7% 3 FFT „„ VVA ĩ˙ d a I a te. 
r eee Bape FFF ß ß ⁊ d TI ISIS oe 2 5 e * AZ, 222277 od RL GA bo apoio get ß PEAR Tp LATE 7s 3 „ ß FONT P EN9L3 e r y TOE TIT pany 63 9h. > SS 6 
* n = RES: WW <8 þ 7 3 x 4 FFF L N 2 . 8 8 S © r 0 r 4 — ee 35 a ” 2 n 4 8 RE. E PS a 4 2 10 5 3 . * n n Ten BRACE « WOT POS 5; => Re of e Shs SIE INCA EH tg DO ENS ISS r C 
5 ee ee IE a Tb a Ee A A FEES. Re Ae ES” ES} : JJ LE NICE A : 5 8 28 ! . « 
Jo " * c 5 5 . x T4 p : : 0 0 


4 . . 


N 
2 
* 

3 
, '# 
£8 
4 "We 
4 
* 
#7. 
£4 
7 
1 
AR 
FO 
2 
* 28 
«a 
I 
56 
= N 
* 
%> 
by”? 
* 
o 
1 
by 
2 
5 
% 
* 
2 
= 
a2 
34 
255 
1 
Js 
0% 
4506 
* 
4 
3 
3 
a. 

7 

3 

* 
LES 
W 

8 

© 4 

1 
3% 
4% 
bg.” 
«I 

* 
1 
oy 9 

af . 

- 

- 4 

» ov 

2 
2 
2 
5 
EN, 
a 8 
1 
3 
6 
„ 
By 
8 
4 
v0 
Wy 

oF 

75 

— 8 
* 
2 

8 Y 
13 
3 
3 
LI 
Re” 
£572 
Cutts 
- 
1 
# 

$ 3 
oy 
« a2 
Me? - 
[4x 
Fl 
Ig 

* — 
3 
09 
«v3 

3 
; * 
pe, 

Ef 
fy 
7h 
Is 
N 
= 

2 Ke 
v.k% 
An 
22 
2 

x 

CT 1 
71 

29 
7 1 
+ 
92 

- * 
25 

FX 

+ Sos 
Ex 

l 

4 

, 851 
: 1 
FS. 

* £3 
2 

18 
* 
a #*Þ& 
* 8 
. 
+ '* 
i: 

1 

8 

} 8 
1 
8 
3 
24 

% 

f 

« * 
IR 5 
«= $3 

of 

x 0 

LE 
14508 
* 

75 

i 87 
7: 
= 
*«£ 

5 

1 

8 

R * 

7 * 
<a 

1 

Fl i 
"Fs 
$38 
4. 5848 
KS. 
N 
. 
) Us 
72 * 
5." 
AE 
Ho tg 
>; * 
2 5 
1 v. 
0 
9 
3 
„* 
by 
9 
oy 
9 
* 
* 
38 
i 
ws 
2 7 
F 4 
. 
6 
+ 
* 
5 
8 
"A 


* 


2 With - Se . 


n 


Chap. 2. End of the Reign of Queen Elizabeth. 111 


on the gth of April, they were reprimanded and diſcharged. — 
In this Caſe, the debt was diſcharged, and the Member ſet at 
liberty, and yet the Houſe of Commons puniſhed theſe men for 
this contempt, almoſt in the ſame breath that they determined 
that Fitzherbert, though actually under confinement, ought 
not to have Privilege: It is curious to compare the deep and 
ample charge of the Speaker, Mr. Solicitor General Coke, 
againſt theſe poor offenders, with the opinion given by him in 
the foregoing Caſe of Fitzherbert, and his obſervations on 
the two Caſes of Thorpe and Trewynnard *. 


49. On the 22d of November, 1597, Sir Edward Hobby 
moved the Houſe for Privilege for Sir J. Tracy, a Member, 
* now preſently at the Common Pleas, to be put on a Jury:“ 
Whereupon the Serjeant was preſently ſent with the Mace 
to call the ſaid Sir J. Tracy to his attendance in the Houſe, 
which was thereupon ſo done accordingly, and the ſaid Sir 
John then returned to the Houſe .—This is the firſt inſtance 
that I have met with of a complaint of this nature: It is 
to be obſerved, that this Member is ſummoned to be upon 
the Jury, during the actual fitting of Parliament, and that 
he is thereby withdrawn from his attendance on the Houſe 
of Commons. 


50. On the 28th of November, 1597, Mr. Bowyer com- 
ns, that he was this day ſerved with a Subpœna, to ap- 
© pear in the Chancery, by one Biddel ; that he told Biddel, 

he was a Member, and willed him to forbear the proceſs, 
as being againſt the Liberties of the Houſe ;* who anſwered, 
that he would do it, notwithſtanding any ſuch Liberties 


See Dewes, p. 518, 519, 520. | + Dewes, p. 560. 
or 


| 


14 
14 
[1 
17 
1 
4 
wt 
; P 
8 & 
-.K 
» J 
9 
IE 
N. 
7 
1 
1 
Y 
4} 
oo 
Y 
4 + 
. 
29 34 
„ 
11 
71 1 
19 þ 
„ 
N 
5 A 
3 Y 
12 bl 
| i 
i ! 
a vi q 
7 1 
2 
"Xt 
4 <a 
+ 1 
4 3s; 1 
* 7 
TT 
bo I» 5 
+3 
- i 
4 
. A 
* 
rH * 
1 
* 
1 2 
* ) 
Ng F 
4 
? * 
{*; 
7 
* 
1 
WIE 4 
= + 
1 
z 
5 
* 
* + 
_ 
k 4 
4 
% * 
* WP 
* 
_ 
L J 
3 
, 1 
„ 
yy 
_ 
ER - 
#4 
1 + 
. 
by | 
2 
5 / 
* 
0 50 
4 
4 
7 
5 
7 
3 N 1 
= ; 
1 
* 
r 
8 1 4 
. * 
n 
11 
WY : 
2 . 
* 
2 


VE, 2937 1 q- 


— 


112 From the Reign of Henry VIII. to the Chap. 2. 


or Privileges of this Houſe whatſoever.'—At the ſame time, 
two other Members complain, that they were this day ſerved 
with a Subpcena ad teſtificandum, and ſo in like manner moved 
for Privilege. The Serjeant is thereupon ordered to bring in 
the parties ſo offending, to anſwer the contempt. —The prin- 
ciple, upon which this proceeding was had, muſt have been, as 
in the laſt Caſe, That no ſummons to any other Court ought 
to be admitted to interfere with the Member's attendance on 
his more eſſential duty in the High Court of Parliament *. 


51. On the 6th of February, 1597, the Houſe proceeded 
upon the ſame grounds, and in the ſame manner, againſt one 
Thomas Baſhfield, for a contempt againſt the Privilege of 
the Houſe, in diſturbing, by way of an appearance, of Robert 
Sherry, a Member of the Houſe . 


£2. On the 7th of November, 1601, a ſervant of Mr. 
Coke, a Member, being arreſted on a Bill of Middleſex, the 
Serjeant was ſent to Newgate to bring the priſoner imme- 
diately to the Houſe ; and on his being brought to the Bar, 
with his Keeper attending him, he 1s by order of the Houſe 
diſcharged from his ſaid Keeper, and from his ſaid Impriſon- 
ment ; and Robinſon, the party at whoſe ſuit he was ar- 
reſted, was brought by the Serjeant to the Bar, and being 
reprimanded, was diſcharged, paying his fees . 
53. I cannot avoid inſerting here a very curious Entry in 
Dewes's Journal, p. 603. of a Caſe, in which the Houſe of 
Lords interfered, on the arreſt of one of the Queen's ſer- 
vants. On the 12th of November, 1601, a Report being 


* Dewes, p. 564. I Dewes, p-. 593. + Dewes, p. 629. 633. 


made 


Chap. 2. End of the Reign of Queen Elizabeth. 113 


made by the Lord Zouch, that William Hogan, an ordinary 
ſervant of the Queen, was arreſted and impriſoned upon an 
execution by one Tolkerne, ſince the beginning of the Parlia- 
ment; his Lordſhip deſired the Judgment of the Houſe, (1.) 
Whether an ordinary ſervant of her Majeſty (though he be 
none of the Parliament) be not privileged from arreſt dur- 
ing the time of Parliament, in like fort as the ſervants of 
the Lords of the Parliament are privileged ? and, (2.) « Whe- 
ther being arreſted in execution, he may in this Caſe, by 
order of the Houſe, be diſcharged ?* Upon this informa- 
tion, the Lords ordered Tolkerne to be ſent for, and directed 
that ſuch precedents as the Clerk of the Parhament could 
| ſhew, ſhould be looked out and made known to the Houſe. 
n the 14th, the Clerk acquaints the Houſe, that, out of 
all the Journal Books in his cuſtody, there were to be found 
only theſe four here under mentioned, and no more ; viz. 


(1.) Anno, 27 Eliz. iſt of December, the Caſe of James 
Diggs, ſervant to my Lord's Grace of Canterbury. 


(2.) Anno, 27 Eliz. 7th of December, of Robert Fiennes, 
ſervant to the Lord Binden. 


(3.) Anno, 39 Eliz. 26th of November, of Edward Bar- 
ſton, ſervant to the Lord Chandois ; and, Sth of De- 
cember, of John Vorke, the Lord Archbiſhop's ſervant. 


(4.) Anno, 14 Eliz. zoth of June, it appeareth that Lord 
Cromwell complains to the Parliament of an attach- 
ment ſerved upon his perſon out of the Court of Chan- 
cery; and that his Lordſhip was, by order of the Par- 
lament, diſcharged of the attachment; but whether 


1 | this 


114 From the Reign of Henry VIII. to the Chap. 2. 


this attachment was ſerved in the time of the Parlia- 
ment, it doth not certainly appear. 


Before I proceed with the principal Caſe, it may be worth 
while to conſider a little theſe four Caſes, produced by the 
Clerk ; obſerving, that none of them relate to ſervants of the 
King or Queen, and are therefore only applicable to the ſe- 


cond point propoſed by the Lord Zouch, that is, as to the 


mode of diſcharge.' 


(J.) The firſt in point of time is that of Lord Crom 
well, which I have inſerted Aran = TG Ne 35 x. 


"i ) The next is the Caſe of Diggs, ſervant to the Arch- 


biſhop of Canterbury, who, ſince the beginning of the Par- 
liament, was committed to the Fleet, upon a Reddit-ſe in the 
Exchequer :—The Lords having heard the Lord Chief Baron, 


and other the Barons of the Exchequer, order, That the ſaid. 


* Diggs, by virtue of the Privilege of this Court, ſhould be 


« ſet at liberty, and that the Warden of the Fleet ſhould. 


be diſcharged of the priſoner, and of any action that 
might be brought againſt him for the ſame; it was further 
ordered, That the appearance of the ſaid Diggs ſhould be a 


« ſufficient diſcharge of his Sureties and their Bonds, and that 


the Bonds ſhould be re-delivered : Provided, that as the ſaid 
* Diggs was not arreſted in execution at the ſuit of Howe, 


but committed upon a Reddit-ſe in diſcharge of his Sure- 


A 


ties, it 1s further ordered, that touching the ſum of mo- 
ney recovered by Howe, againſt the ſaid Diggs, Howe and 
Diggs ſhall ſtand to ſuch order as the Barons of the Exche- 


* 


N 


4 See the Lords Journals, Vol. I. p. 727. 
EE gquer 


Chap. 2. End , the Reion of Queen Elizabeth. 115 


quer ſhall ſet down for the ſame. —Here, though the Lords 
order the immediate diſcharge of the priſoner, they take 


care, as the Commons had done in Smalley's Caſe, in 1 574» 


{N* 36.) that the cr editor ſhould be ſatisfied as to the ori- 
ginal debt . | | 


There is another rocket which the Clerk might have 
found in his Journal Book, of the 6th of March, 1585, of 
one Clerk f, ſervant to the Earl of Leiceſter, but which is in- 
deed. only a repetition of the e in the Caſe of 
Diggs. 


{ 3.) La Caſe of Fiennes ſeems a very extraordinary one 


to be produced on the preſent queſtion, becauſe the Lords, 


after hearing of the cauſe, reſolve, © That he ſhall not enjoy the 
Privilege of the Houſe, as well becauſe he did not claim 
this Privilege when he was firſt arreſted, nor in the Counter 


when he was charged in execution; as alſo, that he was 
not a menial ſervant, nor yet ordinarily attendant upon 


the ſaid Viſcount Bindon.” Nothing very material can be 
therefore collected from this precedent . 


(4.) The Caſes of Barſton and Yorke appear to have been 
arreſts on meſne proceſs, and not in execution ; as there is no 
proviſion for ſecuring the debt 5. 


To return to the Caſe of Hogan.—The Lords having heard 
theſe precedents read, together with certain obſervations, (out 
of a Book, written by Richard Crompton, Eſquire,) concern- 


See the Lords Journals, Vol. II. p. 66, S See the Lords Journals, Vol. II. p. 
+ See the Lords Journals, Vol. II. p. 93. 201, et ſeq. 


3 See the Lords Journals, Vol. II. p. 69. 


— — 


„rr 
2 3 
TS 


2 | ing 


II — 


* LISLE... .. - <- + 


4 — 


— - = 
— >= + =" 
r — 
—— —„Vr.3ĩ— "mY 
— r — = 


2X: 2 is, 


* 


* > rr —— 5 
„5 
OST DES EE Pt. 


os, 
3 Doo 

4 —— . 

1 228 . 


e — " 
—_— 
agg 

=D Om = 
> EE 


© "opt Ie 
— — — 
- RES 
= N — 
— 5 ” — 2 
5 x 


116 From the Reign of Henry VIII. t0 the Chap. 2. 
ing the proceedings of the Houſe in the like Caſe of George 
Ferrers, an ordinary ſervant of King Henry VIII.* order, that 
Tolkerne ſhould be ſent for; and a motion being made, 
That Hogan ſhould be ſent for out of priſon, and brought 
before the Lords to be examined, and to make relation of 
« his Caſe,” it was debated by what courſe the ſaid Hogan 
ſhould be brought, being then in execution, whether by 
Warrant from the Lords to the Lord Keeper, to grant forth 
a Writ in her Majeſty's name for the bringing of the ſaid 
Hogan, or by immediate direction and order of the Houſe, 
(to the Gentleman Uſher, or Serjeant at Arms, ) without any 
ſuch Writ; which being put to the queſtion, it was reſolved 
and ordered by general conſent, © That it ſhould be done by 
immediate direction and order from the Houſe, without 


any ſuch Writ.” Accordingly, Hogan being brought upon 


the 19th, and having made relation of his arreſt, and that 
the Under Sheriff knew he was her Majeſty' s ordinary ſer- 
vant, but that Tolkerne was not privy to his arreſt; and 
Hogan offering and petitioning to pay the principal debt of 
fifty pounds; it was reſolved and ordered, that the ſaid Ho- 
gan ſhould enter into ſufficient Bond, to abide by the order 
and judgment of the Earl of Cumberland, the Biſhop of 
London, and Lord Zouch, for the fſatisfattion of the debt of 
fifty pounds, with coſts and charges, and thereupon be 
« diſcharged out of priſon, and out of execution; and that 
the Warden of the Fleet ſhould be free from any trouble, 
damage, or moleſtation, for the ſaid diſcharge.”—The Under 


a) 


* 


A 


' Sheriff being afterwards ordered to attend, was, on the 23d 


of November, for his offence in arreſting Hogan, her Ma- 


jeſty's ſervant, committed to the priſon of the F leet, from. 


* See before Ne 19, 
whence: 


7 
Fr, " _ 
by 
"0.00 
WT U 
-5 I 4 
8 
„ 
1 
n: 
op. # o 
r 
wy 
© 
.— xt 7 
r 
* 
„ 
5 4 
I's * 
4 
WE. 
1 1 
SI 4 1 Þ- by 
: — . 
BE. 
n 
1 
1 
2 1 
+4 * 
1 1 N. 
1 0 
1 
9 
* 
N 7 2 
3 
e 
5 
4 2 
2 WI, 
79 * 
How” | 
F: 6 
11 
7 


i 
5 N a 
2 


* 


2 HOST « > 
wane. 2 58 3 
8 Tr yo 3 is 
6. Kats Br; oy. oY LISA ro 
— 


* 9 
n 3 8 
8 r 


9 Sy rn, EL ES 
3 
* i 7 3 31 Y 2 Fe 


Chap. 2. End of the Reign of Queen Elizabeth. 117 


whence he was ſet at — on the 26th, _ his nn 
petition *. | 


e META X 
e 
7 * . ** Þi 


WI Ig, 


8 
7 $8 
* As 
% ws * 0 
"I 
3 
7 RAS. . 
1 WOE. 
. 
1 
2 1 
8 
1 9 
1 
Fees 
* 
1 
4 
g 


— 3 


* ws \ 
D 1 7 = 
- Thi o — 
o -. _ Ez 
— S — — 


54. But a ſimilar Caſe to this, which happened on the 
1ſt of December following, was proceeded in very differently: 
— Vaughan, ſervant to the Earl of Shrewſbury, being ar- 
* reſted in execution, and in Newgate, and the Keeper of 
* Newgate refuſing to obey an order of the Houſe of Lords, 
for the bringing up the ſaid Vaughan ; the Lords commit- 
ted the Keeper to the priſon of the Fleet, for his refuſal and 

«* contempt ;* but, order being likewiſe given that ſuch prece- 
dents as could be found, touching the proceeding of the Court 
in like caſe of arreſt in execution, ſhould be produced at the 
next ſitting, the Lords (upon view and conſideration of di- 
vers precedents and remembrances, produced this day, and 
differing from the manner of proceeding now followed,) or- 
dered, That the Lord Keeper ſhall forthwith make out a 
© Writ of Privilege of Parliament to the Sheriffs of London 
and Middleſex, to have the body of the ſaid Vaughan, with 
the cauſe of his impriſonment, before the ſaid High Court 
the next day.” The Lord Keeper accordingly made out the 
Writ ; and the ſame, together with the priſoner Vaughan, and 
the cauſe of his impriſonment, being returned, and brought 
into Court by the Under Sheriff, the Lords, on the 4th of De- 
cember, on hearing all parties, proceeded as in the former Caſe 
of Hogan : They diſcharged Vaughan from his impriſonment 
and execution, on his giving ſecurity for the debt, and ordered 
the immediate releaſe of the Keeper of Newgate from the Fleet. 


— 


x — 
dT HED: 
2 * 


— 
— 


—— Rn. 4. a fat} * — 
2 Fa 
ts 


.. 
— = 


* 3 
— Iu, 
— — + was — — vet 
„ IEEE op 
% — —ũͤö—y—äͥ— — — 


N 
ergy 
"RS 


A 


3 
Th 
Kb T 
Js N 

be 
bu 
i 


Woes ap ng 


1 - 
F +; 
= a 4 
Pri 
7 
M$ 
. 80 
. \ 
M4 
HET 
"no 7 
a 
* 
1 
1 
p . 
ol 
1 
* 
13 
7 
! 
75 
s 
4 5 
4 
*. 
2 
1 
* 
8 
„ 
I 
* 
12 
* 
8 
2 
1 
= 
17 
* 
k 
7 
333 
if 


- 
2 5 
Op CPR 


4-5 £ r 3 "Mtn 
—. REPEL. 
3 


Re 
Oy ——— —— 
re II IR 


8 - 2 . — - "gt f 
. 2c ri. As tt FAD - FREY = þ — 
1 a7. 4d. ab - 4 8 W page 3 — — 4 g 
TRE WF > ML of ot or NOTES TED male TS: ze gs 
þ 247 o__ CO . — | — EO — — 8 
DI: ” 7 - _— 2 *. wy 4 aa — 


n n 
2 7 r Rea 5c" - > 
. —— c ETD - 
* „ = 


ves PIR» 
3 n 


But it appears from this Caſe, that the Lords, upon 
* For the ** at large i in this Caſe, ſee the Lords Journals, Va.. NH. p. 230, 


and Dewes, p. 603. 
: view 


% 


118 From the Reign of Henry VIII. to the Chap. 2. 


view and conſideration of precedents, were of opinion, that the 
regular and legal mode of bringing before them any priſoner in 
execution, was not, as they had decided upon queſtion in Ho- 
gan's Caſe, by their Warrant ſent by a Serjeant at Arms, but 


by an order to the Lord — for a Writ of "FI of. 
Parliament *. 


55. On the 14th of November, 1601, Complaint is made of 
ſeveral Members having been ſerved with Subpœnas, ſome ad 
reſpondend“, others ad teſtific®. And after a debate, which 
may be ſeen in Dewes +, and in which, an ancient Member 
of the Houſe ſhewed divers precedents, © how that the minds 
* of the Members of this Houſe ought to be freed, as well 
© as their bodies,” the Houſe reſolved, © That the ſerving theſe 
« Subpcenas of teſtific®, without leave or information given 
to the Houſe, was a breach of Privilege; whereupon two 


Members were ſent to require the Lord Keeper to reverſe the 


Subpcenas, and the perſons who had procured them, were or- 
dered into the cuſtody of the Serjeant 7. 


56. On the roth and 2oth of November, 1601, Two ſer- 
vants of Members being arreſted, were, by order of the Houſe, 
diſcharged, and the perſons procuring the arreſt, and the offi- 


cers, were ordered into the cuſtody of the Serjeant 8. 


57. On the 27th of November, 1601, On a complaint 
againſt one Holland, and Laurence Brook, for abuſing and 
beating Mr. Fleetwood, a Member, and his ſervant ; they were 


brought to the Bar, and committed to the Serjeant for the 


* See Lords Journals, Vol. II. p. 238, in Dewes, p. 647, 651, 655, 656. 

and Dewes, p. 607, |  { See alſo another Caſe, on the 14th 
+ Page 637. of December, 1601. — Dewes, p. 642, 
1 See other Caſes of the like nature 643, 685, 686. 


ſpace. 


x Pe 8 od > * - 42* 5 4 \ l * N . * — day 
*x £ F 3 / i af” 1 4 - - s 0 4 Ps k 1 2 8 2 e 2 = n 
8 e 8 : r of 4 ; \ 5 7 A * 1 dr 2 * 21 5 83 . * 4 b _ — "_= 
7 N I ONS HEE SOS IN: 8 _ 0 * 1 a - « 1 PIG ; 5 2 1er. gab - * 1 5 5 * OS ans 2 © LS 5 — — 1 ME) 5 * r 
* M0 OE CRIT AE, 7 8 pt 2 IS N re rene RS oy © a + : Fang ” —— . 2 * * 8 2 2 8 4 r A [ PI . 8 42 S oe IS IL, * n & ob ts ee ESE ” I e * 
as . ey LN « Mo Pg. FIR ARTS, oe 2 r ANT.” We 8 VIV 3 - 5 . FN n N A448 8 4 * fr x L 4. CL oy” wb 1 2 - * 3 4 bs I 2 2 2 5 1 5 £ Os S > OE LL 4, Aud” 5 37 ow, 22 r 0 - 
PE Fob 3 ig 3 3 * 2 phos Woes. 13 8 239 RA 5 N a 3 at ns N PW ( $457 OY Wet ah, 88 « N 8 N 8 Is Res * e S n FSF ERC to 2 3 8 ade WEE 25 ns 22 __ 5 77 n 
A 8 | 2 n n " . , . «.. ESO EF A oo 3c c ä . SECT . r LE OC EEO 
Oe A NG: ee Ep I OY Ian 77 TVS EM EI a eto ae GR ent oo ns 2 er EE EN c SEES T.. 5 ee ts 2 Ne I d OE Ry Cu ego ted e SES wt 25 - 
ENS Sr LOND AT // Ss CE Ie £4 . Sis? 8 5 1 S Ada Su £ Y = C F x get, i rig T5 oe? Ig r ONS 8 8 n as „ is RIES TEST 3 "FITS fo 8 go”; 8 2 a IEEE _— 
— £ * = e J. . * — ba 5 * 5 r * T + 2 1 . F y % * en 29 = 72 n 1 . 1 - 4 Pe * = 3 . , Por F 5 S 2 2 ,; 2 1 (Iv; . Þ a 
5 PT Fe hon Oe Men Fon 0 Dan7 bo 2 . r d . e Ee EO 3 8 KEC 8 CC N . , es A 9 6 y ___ 


Chap. 2. End of the Reign of Queen Elizabeth. 119 


ſpace of five days, and then to be diſcharged, paying their 
fees *. 


58. On the zd of December, 1601, Complaint is made to 


the Houſe, of an information exhibited by the Earl of Hun- 


tingdon, in the Star Chamber, againſt Mr. Belgrave, a Mem- 
ber, (as it ſnould ſeem, for ſome offence, committed by Mr. 


Belgrave, at the election for the town of Leiceſter). This 
matter being referred to the Committee of Pr wileges, they 


report on the 7th of December, That Mr. Belgrave admitted 
the ſubſtance of the ſuggeſtion to be true, but denied the 


© circumſtance. - Some of the Committees cenſured it to be 


an enormous fault to inveſt himſelf (for ſo the words of the 
* information are) in a blue coat, but others were of a con- 
« trary opinion; but as the information was put in ſedente 
Curia, and at the ſuit of the Attorney General, in order 
that he ſhould be debarred of his remedy againſt the par- 
ty, the Committee thought it a diſgrace :' And on the 8th 


of December, 1t 1s reſolved, to demand a conference with the 


Lords upon this point; at which conference the Commons 


inform the Lords, that there were two exceptions to be 


taken to this information, (1.) That Mr. Belgrave, being 


* a Member of the Houſe of Commons, was thereby vexed 


* and moleſted during his ſervice in the time of Parliament, 


« contrary to the honour and Privilege of the Houſe ; ſay- 
ing, that no Member of that Houſe ought, by any ſuch 


means, in time of his ſervice to be diſtracted either in body 


or mind; and, (2.) That in the ſaid Bill preferred by 


the Attorney General, certain words and clauſes were in- 
ſerted, which were taken to be prejudicial and derogatory 


* 


Dewes, p. 656, 657. . 


i 
4 
* 
7 
oF 
* 
1 . 
or 
C. 
{i 
8 
« 
1 
3 
*% N 
2 * 
* 4 
Eo 
9 Ki 
” * 
1 
74 * 
"4 
1 
* 
10 
14 
1 
_2 
ry 
S 


to 


= 


238 8 * —_— —— 4 
= . TS. = 2 22 1 22 
4 - = 22 — 2 Oo BL, 
& = 2 — — DO ION. — 4 —— hy _ r 3 
1 TA © > E = - 3 525 * f — — LPS) 2 2õ** Os 2 * 
n n Ai A Wn. os A 3 „ 
n 2 * 0 1 A A K 5 - - 7 Om 4 — « — 
ER —_ — . — — * * * y —— — * : \ 2 
— 0 — oF. =_ \ 


N 5 n 
—— Rad oi FN, 
— 


"Yup PER 
n Ag 
— = = « * wy 
* „57 
* 32 * 
eV? — * 
— Ds # 


120 From the Reign of Henry VIII. to the Chap. 2. 


© to the honour of the Houſe. The Lords, without en- 
tering into any conſideration of theſe points, objected that 
the Bill ſo brought by the Commons was not teſtified by 
the hand of the Clerk of the Star Chamber, and therefore 
ſent it back to the Commons as informal ; and afterwards on 
the 14th of December, when it was returned properly ſigned, 
it does not appear that they had any further proceeding 
upon this matter: Upon this the Commons, on the 17th of 
December, having firſt referred the whole to a Committee, 
reſolve, upon their report, That the ſaid Mr. Belgrave is 
free from any abuſe offered to this Houſe, and that he is 
© not to be moleſted for any ſuch S's ; and that this 
ſhall be entered as an Act of the Houſe * 


Theſe are all the precedents, or at leaſt the moſt material 
ones, that I have found from the earlieſt hiſtory of the Houſe 
of Commons, to the end of the Reign of Queen Elizabeth, 
which relate to the Privileges of the Members of that Houſe, — 
And it appears, from ſome of the later Caſes, that the Houſe 
had, at this period, laid it down as the eſtabliſhed law of 
Privilege, That no Subpœna or Summons, for the attend- 
£ ance of a Member in any other Court, ought to be ſerved 
without leave obtained, or information given to the 
Houſe ; and that the perſons, who procured and ſerved 
ſuch proceſs, were guilty of a breach of Privilege, and 
« were puniſhable by commitment or otherwiſe by the or- 
der of the Houſe.” The refuſal of the Lord Keeper, in 

1584, in the Caſe of Mr. Cook, (N' 40.) to revoke this 
proceſs, ſeems to have given the firſt riſe to this method of 
proceeding ; and upon the ſame proveple, VIZ. that the 


A 


S See this Caſe at length, and the de- 666, et ſubſ. to p. 688, 5 Lords Jour- 
bates upon it, in Dewes, p. 610, 614, nals, Vol. II. p. 247. 


minds 


Chap. 2. End of the Reign of Queen Elizabeth. 121 


minds of the Members ought to be free, as well as their bo- 
dies, the exemption from being compelled to ſerve upon 
juries, (N' 49.) or to any other attendance (Ne 51.) which 
might interfere with their firſt and principal duty, viz. 
their attendance in Parliament, were inſiſted on by the 
Houſe of Commons.—In earlier times, when a Seſſion of 
Parliament was ſhort, theſe avocations could not ſo often 
oceur, ſo that ſuch Summonſes were no interruption to 
the attendance of the Members, and conſequently did not 
call for the interpoſition of the authority of the Houſe ; but, 
during the latter part of the Reign of Queen Elizabeth, this 
interpoſition became abſolutely neceſſary ; and it was eſſential 
to the public buſineſs, that, during the fitting of Parlia- 
ment, the Members ſhould not be hable to be compelled, by 
the Summons of any inferior Court, to abſent themſelves 
from their attendance in the High Court of Parliament. 


Another exertion of the authority of the Houſe of Commons, 
which ſeems to have grown into conſtant practice, during 
the latter part of this Reign, 1s, © the ſending for perſons in- 
< titled to Privilege, (when under arreſt,) by the Serjeant at 
Arms; and the committing the bailiffs, and perſons pro- 
© curing the arreſt, for their contempt to the Houſe.” The 
firſt inſtance in which the Houſe appear to have exerciſed 
this power, 1s in Smalley's Caſe, in 1575, (N* 36.) and this 
after great deliberation, and long debate and conſultation : I 
call 1t the firſt inſtance, becauſe, as I have obſerved before, 
Jam convinced that the proceedings of the Houſe in the 
Caſe of Ferrers (Ne 19.) were grounded more on the very 
particular circumſtances of inſult and aggravation which at- 
tended that arreſt, than on the arreſt itſelf, and not a little 
on his being a ſervant of the King; and we ſee that, from 
R that 


122 From the Reign of Henry VIII. zo the Chap. 2. 
that time to Smalley's Caſe, for above thirty years, the Houſe, 
inſtead of adopting this mode of delivery by the Mace, order 
Writs of Privilege to be iſſued in almoſt every inſtance *: 
Between the year 1575 and the end of Queen Elizabeth's. 
Reign, there are one or two other inſtances of their exer- 
ciſing this more ſummary method of proceeding +. It appears 
from Hogan's Caſe (Ne 53.) that it was ſtill later before the 
Houſe of Lords exerted this Privilege. Where the perſon. 
ſo delivered was a priſoner in execution, a very great incon- 


venience attended this mode of proceeding, viz. that the 
« creditor loſt his right of arreſt ;” this inconvenience had, as. 


we have ſeen, in all the earlier inſtances, been obviated by a 
ſpecial Act of Parliament, and, in a few years, compelled 
the Legiſlature to paſs the General Law of the iſt Jac. I. 
Ch. 13. 4 


I do not find any inſtance, during the Reign of Queen 
Elizabeth, of a complaint of breach of Privilege for the 
proſecution of ſuits againſt Members, fitting the Parliament, 
except in the Entry of the 21ſt of February, 1588, (Ne 45.) 
and there the Houſe are ſatisfied with ordering the Lord 
Chancellor to iſſue Writs of Superſedeas, but they do not pro- 


ceed againſt the perſons proſecuting ſuch ſuits. This is the 


more remarkable, as we have ſeen ſeveral attempts made ſo 


long ago as in the Reign of Edward IV. (Ne 14 and 15.) to 


eſtabliſh this Privilege by Law ; and in Atwyll's Caſe, (N- I7.) 
the Houſe of Commons themſelves claim it as the right of 
every Member, not to be impleaded in any action perſonal,” 
and this right is allowed them : Now, it is difficult to. con- 
ceive, that from Atwyll's Caſe, which happened in the ſeven- 
teenth year of Edward IV. to the end of the Reign of Queen. 


* See before No 22, I dee Huddleſton's Caſe in Dewes, p. 685, 686. 
Elizabeth, 


Chap. 2. End of the Reign of Queen Elizabeth. 123 


Elizabeth, a ſpace of above one hundred and twenty years, no 
action or ſuit ſhould be proſecuted in any of the Courts of 
Weſtminſter Hall, or at the Aſſizes, againſt a Member of the 
Houſe of Commons, fitting the Parliament; or, that if ſuch 
proſecution had exiſted, that the Houſe of Commons ſhould 
acquieſce in it, after the very clear deciſion of this Privi- 
lege in their favour, in Atwyll's Caſe, both by the King and 
Houſe of Lords; and yet, on the examination I have been 
able to make into the ſeveral precedents relating to Privilege 
during this period, I do not find one, except that of (N* 45.) 
It ſhould ſeem therefore, that the principal object of the Houſe 
of Commons, in the preſervation of their Privileges at this 
time, was, the ſecuring the perſons of the Members, and of 
their menial ſervants from arreſts, and the not permitting 
the attendance of the Members to be interrupted by the 
Summons of any inferior Court; but as to the inconveni- 
ence which might ariſe to Members, from ſuits being carried 
on againft them during the time of Privilege, they do not 
ſeem to have adopted this idea in fo large an extent, as was 
entertained after the acceſſion of James I.—There are, indeed, 
two Caſes (N' 44 and 58.) in the Star Chamber, where the 
proſecution of the ſuit may perhaps be conſidered as the 
object of complaint: though in the firſt, Mr. Puleſton 
complains only “ of the ſervice of the Subpœna,“ and, in 
the courſe of this matter, it appearing that Mr. Puleſton had 
put in his anſwer, and that ſo the matter was actually at 
iſſue, the Houſe give leave to Mr. Aylmer to proceed in 
his ſait, without offence to the Houſe : and in the latter 
Caſe of Mr. Belgrave, the information ſeems to have been 
filed for offences committed by him, at an Election of Mem- 
bers of Parliament; and the Houſe, having determined 
ce that therein he is free from any abuſe to the Houſe, 
R 2 declare, 


124 From the Reign of Henry VIII. to the Chap. 2. 


declare, that he is not to be moleſted for any ſuch imputation. 
But both theſe inſtances, being in the Court of Star Chamber, 
and in their forms partaking of the nature of criminal proſecu- 
tions, and for offences in matters of Election, which were not. 
cognizable but by the Houſe of Commons, can hardly be produ- 
ced as precedents, in favour of the doctrine laid down in Atwyll's: 
Caſe, that no Member is to be impleaded in any perſonal ac-- 
« tion, during the time of Privilege.” There is another Caſe, 
which is cited on the 2d of May, 1604, in the Commons 
Journal, as of the 16th of December, and forty-fourth year 
of Queen Elizabeth; where one Curwen, a ſervant of the 
« Knight of the Shire of Cumberland, being arreſted and in 
execution, ſues out his Writ of Superſedeas; the words of 
which, ſtating the Privilege of Parliament, are, that Lords, 
Members, and their ſervants, ratione alicujus debiti, com- 
puti, &c. arreſtari minime debeant, implacitari, aut im- 
priſonari; and therefore, quibus libet placitis, querelis, ac- 
« tionibus ſeu demandis verſus ipſum Anthonium Curwen, ſu- 
« perſedeatis omnino et ipſum Antonium deliberari faciatis.” 
No proceeding was had upon this Writ, becauſe, as ap- 
pears from a note annexed to it, the officers of the She- 
« riff, although they made doubt of this Warrant, for his 
enlargement, yet, becauſe the matter was but ſmall, de- 
* livered Curwen out of cuſtody, rather than ſo honourable 
a Court of the Parliament ſhould be farther troubled there- 
* in.” And indeed it appears from the report of this 
Caſe in Dewes *, that the principal offence was the arreſting” 
Curwen, and not the . impleading” him; and the Houſe only 
reſolve, © that the ſaid Anthony Curwen ſhould have Pri- 
vilege, without any cenſure on the perſons concerned in 


Page 685, 686. 
the 


Chap. 2. End of the Reign of Queen Elizabeth. 125 


the proſecution of the ſuit. This reſolution was on the 1 5th 
of December, and the Writ bears date the next day. 


The power exerciſed by the Miniſters of the Crown, in 


committing Members, (as in N* 34, 43, 46. ) for a ſuppoſed 


breach of the Prerogative, by their ſpeeches in the Houſe of 
Commons, was indeed a very. dangerous power, and moſt 
alarming to the eſſential Privileges of the Houſe. If, in the 

two laſt inſtances, the Houſe had taken up the queſtion with 
the ſame ſpirit, as they had done in the Caſe of Mr. Strickland, 
in 1571, I have no doubt but that the conſequences would 
have been the ſame: for although Queen Elizabeth carried 
her ideas of ſovereignty very high, and, from the accidental 


circumſtances of the times, had perhaps more power, and in 


 fome. inſtances exerciſed a greater authority than the legal 
conſtitution of this country, even at that time, admitted of ; 


yet ſuch was the wiſdom of her Counſellors, and ſuch her 
own good ſenſe, that, in points in which ſhe ſaw the Houſe of 


Commons were reſolute and determined, ſhe was not aſhamed 
to give. way,. even where the Prerogative of the Crown was 
really and eſſentially concerned; and this was never more 
apparent, than in her ſubmiſſion to deſtroy the patents for 


monopolies, on the repreſentations of the Houle of Commons 
upon this ſubject *. 


This Privilege of liberty of 3 though from the thirty- 
third year of Henry VIII. it had always made one of the 
articles of the Speaker's petition. to the Throne, was fre- 
quently cavilled at by the courtiers, both in the Reign 
of Queen Mary and Queen Elizabeth, when. they thought 
it. intrenched upon the Royal Prerogative; and, in gene- 


* See Vol. IV. of Parliamentary Hiſtory, from p. 452 to 482. 


Pay od ALES UPI tos oa * 
* te 0 4 * © - 


ral. 


+ = 
rr 
— 


—— —— 
N 9 28 
> by, * - — 
N ee 


e os 
1 * je * 
* 5 E AIRS Sb _ an - 
. * 
eo 1 2 DAT IS "= LAT - 4 — ; — — _—_— 
* ' = n : 4 0 9 - 3 K > 1 ts IS — 1 = K * tb 
8 ; » Y * 44 —— — — f gn „ = — — = 
„ ** * * ** 7 82 * 5 — % 1 . 2 d A. + - \ - » \ \ — 
A PER ; x ; renn pos FE — — hes 
— 6 5 3 2 2 2 2 — , * 1 1 1 
VE Is, 46 . , * — — il, D. Ny a 
RB » - 


pay ta : 
1 a 1 
OT 2 
2 ee ee 
4 mo = 
* 


rd * 
l 62 aa iv Seine > NG wen 
wy „„ CE AE 
_ 8 
2 * «i 7 


et 


126. From the Reign of Henry VIII. to the Chap. 2. 


ral, the Houſe acquieſced too much in this doctrine. It 
was reſerved for a more enlightened age, and for times 
when the true ſpirit of liberty ſhould be better underſtood, 
to aſcertain and eſtabliſh this Privilege in its utmoſt extent, 
conſiſtently with the language of good-breeding, and the 
behaviour of men of liberal education. Indeed this Privi- 
lege is ſo eſſential to the very exiſtence of a Free Council, 
that it always made a part of the Liberties of the Houſe 
of Commons ; and we ſee that, in the Caſe of Mr. Strode, 
ſo early as in the fourth year of Henry VIII. in the A& of 
Parliament which paſſed upon that occaſion, this doctrine is 
clearly and explicitly declared, and all proceedings on con- 
demnations for ſuch ſpeaking are held to be void *. 


We have ſeen in Chedder's Caſe, (Ne 7.) in the fifth year of 
Henry IV. that, on an aſſault made on the perſon of a Mem- 
ber's ſervant, the Houſe apply by petition to the King, and 
deſire ſeveral puniſhments to be inflicted on the perſons mak- 
ing the aſſault, according to the degree of their offence: This, 
however, the King declined at this time to grant, and only 
directed ſuch proceſs to iſſue, as ſhould compel Salvage the 
offender to appear, then leaving him to the courſe of the 
law.— In Prynn's animadverſions on the fourth Inſtitute, p. 

31, there is a record of a ſpecial commiſſion, from Rich- 
= II. to ſeveral Gentlemen of the North, to enquire into 
a riot and affault made on the lands and ſervants of John 
de Derwentwater, then Knight of the Shire for the County 
of Cumberland, during his attendance in Parliament ; and 
we have ſeen (N' g, 10, and 11.) ſeveral other inſtances, 
avhere the Commons apply to the King for redreſs, on aſſaults 

* See the 4th of Henry VIII. Ch. 8.—Commons Journal, 12th of November, 1667. 
— Lords Journal, 11th of December, 1657. 7 

made 


Chap. 2. End of the Reign of Queen Elizabeth. 127 


made upon the perſons of Members, or their ſervants ; 
and that theſe applications produced the Acts of the 
fifth of Henry IV. Ch. 6. and. of the eleventh of Henry 
VI. Ch. 11. by the latter of which a puniſhment is enacted 
on thoſe that make aſſault on Members coming to the Par- 
liament : But 1n later times, even theſe laws being found inef- 


fectual, it appears from the Caſes, (Ne 25, 37, and 57.) that 


the Houſe of Commons very properly took the enquiry into 
theſe offences, and the puniſhment of the offenders, into their 
own hands. 5 


The Caſe of Mr. Arthur Hall, in 1580, (N' 39.) is the 


only inſtance that I have hitherto met with, or that, I be- 
lieve, occurs upon the Journals before the Long Parliament 


of 1640, in which the Houſe of Commons proceed upon a 


complaint againſt any perſon, for printing or publiſhing mat- 


ters derogatory from the Honour or Privileges of the Houſe *. 


It appears from the report of the Committee appointed to 
examine Mr. Hall's book, that 1t contained a variety of 


„The only Caſes that appear to be Committee appointed to enquire 


exceptions to this obſervation, are, into a printed book, Who printed 

(1.) On the 5th of April, 1626, Sir it, and by what allowance ?— 
T. Hobby moveth, ** That a ſcri- (3.) Though it is not immediately ap- 
« yener hath ſold a copy of the Re- plicable to this point, [ cannot help 
« monſtrance, this day preſented referring the curious Reader to the 
% to his Majeſty, before the ſame proceedings of the two Houſes, in 
«« was preſented unto him.” —Re- relation to a Book publiſhed by the 
ſolved, ** he ſhall be ſent for pre- Biſhop of Briſto! about The Union, 
<« ſently.” The ſcrivener is one which was then in agitation ; par- 
Turner, dwelling without Weſtmin- ticularly, the Biſhop's acknowledg- 
ſter Hall Gate- ment in the Lords Journals of the 

The Serjeant ſent for him, but an- 5th of June, 1604.= See the Jour- 
ſwer brought, he was not with- nals of the Lords and Commons, 
6 from the 26th of May, 1604, to the 

{2.) See the Appendix, (No 11.) a end of the Seſſion, 


offenſive 


— 
. — — L 8 — — — | 
4 = T = cm — = - 
RT. ee rr - 3 . 
— 5 — ———— —— 
— = — 


{ 
1 9 
i 4 7 | 
N 
9 1 t 
1. I 


e «7 
þ les 
Wa is : 
4 4 
KAY | 
£5 [7 
11, 
IN 
7 Fo EM! 
11 
4 94} 
ie 
Wien 
| U be | 
"Han 
r 
71 
4 
5 
TS 10 
* 4 


— — 


128 From the Reign of Henry VIII. to the Chap. 2. 
offenſive matter, and that he had been guilty of a contempt of 
the Houſe, in going out of town after having been enjoined 
to appear. The articles ſelected by the Committee out of the 
Book, and with which he was charged, were, firſt, * the 
« publiſhing the conferences of the Houſe abroad in print, 
and that in a libel, with a counterfeit name of the Author, 
and no name of the Printer, — and containing matter of 
infamy of ſundry good particular Members of the Houſe, 
and of the whole ſtate of the Houſe in general, and alſo 
of the power and authority of the Houſe ; affirming, that 


A 


N 


A 


© he knew of his own knowledge, that this Houſe had de 


facto judged and proceeded untruly: He was further 
charged, that he had injuriouſly impeached the memory 
© of the late Speaker, deceaſed ; and had impugned the au- 
« thority of the Houſe, in appointing Committees without 


© his conſent; and that, in defacing the credit of the Body 


* and Members of the Houſe, he practiſed to deface the au- 
<£ thority of the laws, and proceedings in the Parliament; 
and fo to impair the ancient orders. touching the govern- 
© ment of the Realm, and Rights of the Houſe, and the 
form of making laws, whereby the ſubjects of the Realm 
are governed.” Upon this complicated charge, increaſed by 


N 


« by him to the Houſe,” he was ſentenced, as we have ſeen 
before, to be impriſoned, fined, and expelled : And it 
was alſo ordered, „that the ſaid Book ar Libel ſhould be 
« taken and adjudged to be condemned.” —Whoever will give 
themſelves the trouble to read the Entry of this proceeding 
in the Journal of the 14th of February, 1580, from whence 
I have given the foregoing Extracts, will find it difficult, 
from the variety of offences of different natures tharged 
again; Mr. Hall, to deduce any preciſe idea of the Law of 

Privilege, 


his wilful contempt, teſtified by an unſeemly letter addreſſed 


::: SE 


Chap. 2. End of the Reign of Queen Elizabeth. 129 


Privilege, as underſtood by that Houſe of Commons, © with 
« reſpect to the printing or publiſhing the debates or proceed- 
* ings of the Houſe ;' provided that ſuch publication was not 
made in a falſe and infamous Libel, injuriouſly reflecting 
on the characters of Members, or impeaching the Rights 
and Authority of Parliament. Faq 


2 
SN 
> 
bo 


* 8 . 
A hs 
* 1 
2 r cad 


DOE TS op ons r= 
2 n . L — 9888 


Dy 


- 


mp ta cndterg 1 


—_——_ 
41383 
, 
4 
3 
. 
„ \.: 
= n _ 
| i'% 
' t 1 
=_ 
2 0 
6 . 
f 3 
4 
' fq 
1* 
J." fl 
on} 
+ 48 
43 
191} 
a, 7 
4 # 
Rs] 
Ant 
IId 
9 
0 * 
1 4 
1 
» 3x 
- Wan 
10 l 
«7 
P 5 
0 5 
11 . 
Pit 0. 
8% 4 
n 
} 6 
oy 
10 
„ „ 
; ot as 
4. - 
v7 409, 
gs tf us 
F ''.&. * 
1. 
N 
17. 
[ . 
_ » 
U I 
* 
4 . Y 
n 1 
n 
bi 2Y 
& i \ 3 
4 
f 1 
1.3; 
4 
eng 
: 9 
398 
1114 
5 al U 
Oo 7 y - 
e 
a * 
1 
0 3. 4 
E 
1 8 
1 
11 
13 
Ni! 
: * 19 
J 4+ 
© & 
1197 
1 
9 . 
N 
1 
4 8 
44. 
S947 
A 
Fugs t 
1 1 * 
4 
{Wh a + 
1 « 
If 7 
(Fg 9 
\ TH. 
i l q - 
» * 1 1 
1 5 5 
N 4 
12 
1 
7 1 
1 
9 £ 
1 
N. 
IH) \ l 
N W 
R. 
5 - 4 
1:6 8201-6 1 
2 70) 
7 5 
4 1 3 
$ +; 3's 
BK ©: :: $4 
4 } q , 
1.9 l 
9 9 
Y * 5 
Fr 4 
L's \ 
a 4 14 
« FL : 
: - 
WS * 2 
N 
RX: - 
14 
3. ey 
5 4 1 
4 * 
nl 
A; | 
| o it ' 
4 
+> 455 
n. 
9 * 4 
7 22 bg 
1 
bl 
e 
Mr 
* 1 4 
#1. 448 + © 
1 er 
+. 14 
F 4 
91 W 
1 4 £ * C 
5 3 5 2 | 
4 , {kv 
A F . 
f +; *] 
I Ft, 
Ro * 2 


* *Q 1 
1 

Ff. 
MERE © 
15 - 
% * of 
V4 4 
$4 i 
bi | ; 


E Ano 
4. 


( 230 ) 


CHAP. III. 


FROM THE ACCESSION OF JAMES I, TO THE END OF 
. THE PARLIAMENT OF 1628. 


S from this period of the acceſſion of James I. com- 
plaints of breaches of Privilege will become exceed- 

ingly frequent, I ſhall not think it neceſſary to. inſert in this 
Work every Entry that occurs upon the Journals of thoſe 
which are the moſt common, unleſs the debate turns. upon a 
new point, or that the proceeding of the Houſe upon 1t ap- 
pears to be in any wiſe extraordinary : And for the more 


eaſily underſtanding theſe Caſes, I ſhall ſeparate them under 
the following heads ; 


1 Firſt, The commitment of Members or their ſervants 
by the Privy Council, or by any court of Juſtice or other 
magiſtrate. 


(2.) Secondly, The arreſt and impriſonment of Members, 
or their ſervants, 1 in civil ſuits. 


144 Thirdly, The ſummoning of Members, or their ſer- 
vants, to attend inferior courts, as witneſſes, jurymen, &c. 


(4.) Fourthly, The proſecuting of ſuits at law, againſt: 
Members, or their ſervants, during the time of Privilege. 


(.) Fifthly, 


MEA þ 4 R - N 28 nn N 
: k N FL Pears 5M he ro Ne EE P77 REA of Ea 
: % 7 4 Oe s t J!... ? COB DIS, FE DEG / S 3 . ee r a 
4 y F at $278 3 half EY WS 265, FS 1 26 Wy $25 oo 2 Wot al . e 3 9 . 925 ps N No 3 N LETS: fr 3 1 1 5 DV * = 
x 4 9 8 * a3 Ce AO ͤJ RA 1 , a S * e I es Pe 8 SR r e 4 
3 . SINN: 8 E Pun os E CESS n ene * 4 rte — 
p . Na 2 n r 3 2 . 
1 . . N 2 Tv o 1 : N 
8 Bar n e . 6 #0 23 
„ . f * 
5 . 


Chap. 3. From the Acceſſion of James I. Sc. 131 


(5.) Fifthly, The taking the goods or effects of a Mem- 
ber in execution, or otherwiſe. 


(6.) Sixthly, The aſſaulting or inſulting a — or his 


ſervant, or traducing his character. 


I think that all the Caſes, relating to the Privilege of Mem- 
bers of the Houſe of Commons, which occur between the 
acceſſion of James I. and the diſſolution of the third Parlia- 


ment of Charles I. in 1628, to which period I ſhall now 
confine myſelf, will fall under one or other of theſe fix 


heads, 


And firſt therefore, I ſhall give the inſtances which are to 
be found of Members, or their ſervants, being committed or re- 


ſtrained by order of the Privy Council, by the courts of juſ- 


tice, or any inferior magiſtrate. 


1. On the 3d of February, 1605, Mr. Brereton, Mem- 
ber for Flint, being committed by the Judges of the King's 
Bench for a contempt, during a prorogation, this matter 
is referred to a Committee; on the 13th, a Writ of Habeas 
Corpus 1s ordered for Mr. Brereton, which 1s returned and 


read in the Houſe on the 1 5th, and Mr. Brereton is received. 


I do not find any report from the Committee, or any other 
entry of this matter. 


2. On the 18th of February, 1605, Complaint is made 
of Sir Edwyn Sandys's ſervants being committed to Newgate, 
by a Juſtice of Peace, for being engaged in a riot, and that 
he refuſed to bail them; a Habeas Corpus is ordered for the 
ſervants, and the complaint is referred to the Committee of 

8 2 Privileges ; ; 


h 


'v + 
n 4 


ves 


132 From the Acceſſion of James I. to the Chap. 3. 


Privileges ; on the 19th they report, and the Juſtice 15 com-- 


mitted to the Serjeant. On the 21ſt and 22d, he is heard by 
his Counſel, and, on his ſubmiſſion and acknowledging his 
fault, is diſcharged. The entry of this Caſe in the Journal 
is ſo very confuſed, that it is difficult to know the exact ſtate 
of it; the principal charge upon the Juſtice ſeems to have 


been, his refuſing bail when 1t was offered, [I the parties 


would Pay ten —— 


3. On the 10th of March, 1609, and 12th, 14th, 15thz 
and 16th, is a very obſcure entry of a breach of Privilege; 


committed by a conſtable on the ſon and ſervant of a Member. 


4. On the 14th of June, 1610, Dr. Steward's ſervant is 


taken up for getting a woman with child; the Warrant was 


ſigned by four Juſtices before the Parliament, but executed 
now; it is referred to the Committee of Privileges, who 
report on the 16th, and it is determined he ſhould have Pri- 
vilege; there is ſome debate on the 20th, about paying the: 


charges. 


5. On the gth of April, 1614, the Houſe are informed 
that Sir William Bampfylde is committed by the Lord Chan- 
cellor, ſince the ſummons to Parhament, but before his 


election; this matter 1s referred to the Committee of Privi- 
leges, who report on the 14th, that he was committed: before 


the election for a contempt * for not accepting Sir J. Went- 


« worth's offer; it is however ordered, that he ſhall have 
© his Privilege, by Writ of Habeas Corpus.” Accordingly on 
the 16th, he is brought up by the Warden of the Fleet, by 
virtue of this Writ ; and being brought in by the Serjeant with 
his Mace, to the Bar, the Li wm opens the matter,. and 
deſires 


13 
5 
bs 
55 
11 
Wy 
0 
1745 
* 
9 


| Chap. 3. End of the Parliament of 1628. 133 


3 deſires to know the pleaſure of the Houſe thereupon.— Here 
the entry in the Journal ſtops, and I find nothing farther re- 
lating to this matter, or that the Houſe ever came to any 

determination about it. 


6. It appears from the notes of ſpeeches which are en- 
tered in the Journal of the beginning of the Seſſion of 1620-1, 
(and from the debates which are publiſhed more at length in 
two volumes, from an original manuſcript in Queen's Col- 

lege, Oxford) that, at the end of the laſt Seſſion of Parlia- 
ment in 1614 *, fome Members had been committed for 
ſpeeches they had uttered in Parliament. This matter being 
now taken up, though at ſo great a diſtance of time, and being 
diſcuſſed for ſeveral days, but without heat or paſſion, many mo- 
tions and propoſitions were made, in what manner the Houſe 
might beſt aſſert this Privilege of freedom of ſpeech, whether by 
bill, as in Strode's Caſe, or by petition to the King; after long 
conſideration, it was determined on the 15th of February, 
to proceed by meſſage to the King, and not by petition in wri- 
ting, to deſire, that if any of the Houſe ſhould ſpeak in any 
« undutiful manner, they may be cenſured here, and not. be 
<£ puniſhed in or after the Parliament.“ But during the debate 
upon this queſtion,. a meſſage to-the Houſe was brought from 
the King, by Mr. Secretary Calvert, to ſay, that his Ma- 
« jeſty did grant liberty and freedom of ſpeech in as ample 
manner as any of his. predeceſſors ever did; and. if any 
* ſhould ſpeak undutifully, (as he hoped none would) he 
*- doubted. not but we ourſelves would be more forward to 
« puniſh it, than he to require it, and he willed us to reſt 


Or of the laſt convention, as it is more pro- * regalis afſenſus aut reſponſio, per nos, 
perly called in the debates; the King alſo * preſtita fuit.“ Parliamentary Hiſtory, 
in his commiſſion for the diſſolution, ſaying, Vol. V. p. 303. 
that it was no Seſſion, pro eo quod nullus | 


« ſatisfred 


ih 


134 From the Acceſſion of Yames 1 I. to the Chap. 3. 


« ſatisfied with this, rather than to trouble him with any 
© petition or meſſage, and ſo caſt ourſelves upon one of theſe 
rocks; that, if we aſked for too little, we ſhould wrong 
« ourſelves; if too much or more than right, he ſhould be 
forced to deny us, which he ſhould be very loath to do. 
This meſſage from the King put an end, for the preſent, to 
any farther proceeding upon this matter *.— It 1s remark- 
able, that, notwithſtanding the impartiality profeſſed by the 
writers of the Parliamentary Hiſtory 4, I do not find that 
they take any notice of theſe debates, (although they appear 
upon the Journal, to which they pretend ſtrictly to adhere) 
or of the proceedings of the Houſe of Commons in appoint- 
ing a Committee, and Sub-Committee, ** for free ſpeech,” of 
which Sir Edward Coke and Mr. Glanvylle were chairmen ; 
nay, which is more extraordinary t, they cenſure the biogra- 
pher Wilſon, and other Hiſtorians, for ſaying, “ that after 
« the diſſolution of the laſt Parliament, ſeveral Members 
«© were committed for their behaviour in Parliament,” whereas 
the truth of this aſſertion appears from the debates $, and 
that theſe Members were impriſoned, * for ſpeaking freely 
their conſciences in the Houſe of Commons, and for which 
being before queſtioned, they had been cleared by the Houſe 
that they had ſpoken nothing but what was lawful and 
fitting, and for which they gave good reaſon and ſatisfac- 
tion to the Houſe.” But this is only one of the many 
very glaring miſrepreſentations and omiſſions by the com- 
pilers of the Parliamentary Hiſtory, which they will be found, 

upon examination, to have made in favour of James I. and 
Charles I. | 


* Vide Journal the rh, 12th, and 15th + Vol. V. p. 320. 


of February, 1620.—Debates, vol. I. p. I In p. 3o5 of the 5th volume. 
14, 32, and 47. and vol, H. in the Ap- $ Vol. I. p. 15. et ſeq, 
3 5 


Notwithſtanding 


Chap. 3. End of the Parliament of 1628. 135 


- Notwithſtanding the fine words of his Majeſty's meſſage, in 
favour: of liberty and freedom of ſpeech, ſoon after the ad- 
Journment of the Parliament, in the month 'of June, 1621, 
Sir Edwyn Sandys was committed *, probably for ſomething 
he had ſaid on the 29th of May, on the report of the con- 
| ference with the Lords, touching the breaking up of the Par- 
liament + : I fay it was probably for this, becauſe on the 2d 
of June, Sir Edwyn Sandys informs the Houſe, © that he 
< had heard that ſome words of his had been miſconſtrued, 
and that out of the Houſe ;* he then explains what he ſaid 
at that time, not to have meant any ſlander againſt his Ma- 
« jeſty's government; and the Houſe reſolve upon queſtion, 
nemine contradicente, That Sir Edwyn Sandys is free 
from any juſt cauſe of offence to his Majeſty, or any other, 
by the particular words now related by him, or by any 
© other words he hath ſpoken in this Houſe.” This ſhews 
that exception had been taken to Sir Edwyn Sandys's ſpeeches, 
for ſlander to his Majeſty's government.” On the 4th of June, 
the Houſe of Commons adjourn to the 14th of November, 
and from thence to the 2oth of November. — On the meeting 
of the Houſe of Commons, on the 20th of November, Sir 
Edwyn Sandys being ſtill in cuſtody, or reſtrained by the 
King's order from attending, Mr. Mallory moved to know, 
* what was become of him.“ This queſtion was renewed on 
the 23d, when it appears that Sir Edwyn Sandys had in the 
Interim written a letter to the Speaker, in which he informed 
the Houſe, that he had been confined; but does not make 


* It appears from the Appendix to the + See Sir Edwyn Sandys's Examinations, 
debates of 1621, in the Note on Vol. II. as preſerved in the Britiſh Muſzum, and 


p- 182, that Sir Edwyn Sandys was com- printed in the Appendix to the debates 
mitted on the 16th of June; the two of 1621, 


houſes had adjourned on the 4th of June, 
any 


136 From the Acceſſion of James I. to the Chap. 3. 
any complaint to the Houſe © of the cauſe of his confine- 
© ment.” However, many Members expreſſing their appre- 
henſions, that this commitment could be for no other cauſe 
than for Parliamentary buſineſs, Mr. Secretary Calvert af- 
ſures the Houſe, © that he was not committed for any thing 
« faid or done in Parliament; but, it is ſaid in the debates *, 

* that the Houſe will ſcarce believe Mr. Secretary, but 
« thinketh he equivocateth; and accordingly deſire that his 
proteſtation may be entered in the Clerk's book, which was 
done: Sir Edwyn Sandys however not appearing, the matter is 
again taken up on the 1ſt of December, when, notwithſtand- 
ing ſeveral attempts of the Privy Counſellors to ſtop any far- 

ther proceeding, it is ordered, That Sir Edwyn Sandys ſhall 
be preſently ſent for to come and attend the ſervice of the 
'Houſe, if he be' able to come, and, if he be not able 
to come; then to ſet down a declaration in writing, whether 
© he were examined or committed for any Parliamentary bu- 
ſineſs; and that Sir Peter Hayman and Mr. Mallory ſhall 
go to Sir Edwyn Sandys, and bring his anſwer. —The Houſe 
having in the mean time reſolved to ſend a Petition and Re- 
monſtrance to the King, ſetting forth the grievances under 
which the Kingdom then ſuffered ; the King, then at New- 
market, hearing of their intentions, immediately diſpatched 
a letter to the Speaker, in which, after ſeverely reprimanding 
«thoſe fiery and popular ſpirits of ſome of the Houſe of 
Commons, who had preſumed to argue and debate publicly 
© of matters far above their reach and capacity, tending to our 

high diſhonour, and breach of Prerogative Royal; he 
adds, And whereas we hear, they have ſent a meſſage to Sir 
Eqdwyn Sandys, to know the reaſons of his late reſtraint, you 


* 


* Vol. 8 P · 200. 


6 ſhall 


Chap. 3. End of. the Parliament of 1628. 137 
< ſhall in our name reſolve them, that it was not for any miſ- 
« demeanor of his in Parliament ;—but to put them out of 


doubt of any queſtion of that nature, that may ariſe among 


them hereafter, you ſhall reſolve them in our name, that 
< we think ourſelves very free and able to puniſh any man's 
 < miſdemeanors in Parliament, as well during their ſitting as 
« after, which we mean not to ſpare hereafter, upon any oc- 
caſion of any man's inſolent behaviour there, that ſhall be 
© miniſtered unto us.” This raſh and ill adviſed meſſage 
brought on ſeveral debates touching the Liberty of Speech, in 
which no man expreſſed himſelf with more honeſt warmth 
than Mr. Crewe, and with ſome ſtrokes of eloquence, that 
would do honour to the moſt admired ſpeakers; I would 
< not, ſays he, have ſpoken about our Privileges, if the thing 
* queſtioned were only matter of form, and not of matter; 
but this is of that importance to, us, that if we ſhould 
yield our Liberties to be but of grace, theſe walls, that have 
known the holding of them theſe many years, would bluſh ; 
* and therefore we cannot, in duty to our country, but 
* ſtand upon it, that our Liberties and Privileges are our un- 
< doubted Birthright and Inheritance. The Commons, hav- 


PY 


KR 


ing ſent down another petition in anſwer to this letter of 


the King's, were told again, That although we cannot al- 
* low of your ſtile, calling it your ancient and undoubted 
* right and inheritance, but could rather have wiſhed that ye 


& 


and permiſſion of our anceſtors and us; yet we are pleaſed 


to give you our royal aſſurance, that, as long as you contain 
« yourſelves within the limits of your duty, we will be as 


&. 


careful to maintain and- preſerve your lawful Rights and 


* 


preſerve our own Royal Prerogative. This open declara- 
LH. 1 tion 


had ſaid, that your Privileges were derived from the grace 


Privileges, as ever any of our predeceſſors were, nay, as to 


Me REM + > . 
— r 8 
5 p 9 "_— 
„ e y 
w_ » $a 


W — > 
LET \ : 3 3 — 
E en ons 

bigs = 13 * 


. 


i 
k 
4) J 
= 
1 
17 
nn 
105 
oy 
1 
= 
4 #11 
71 } 
7 
.. 
ah 
* 
x o 
44. 
7 4. „ 
5 
42 
r 
4. 
4 
n 
4; 17 
1 5 
7 
14 
1 
i 
* 1 
73 
4% x 
'*$ ©; 
17 
A 
4 
18 
9 
42 
i x 
+4 F Li 
& 
1 
* 
* 
. 
7 
*2 
2 
61704 
1 17 
A | 1 
1 
N 
4 
FI 
134 
e 
1 
4 
1 
þ [7 \ 
63 1 
We. F 
147 
ih 34 
LE 7 
5 2 * 
1. 
21 C 
e 
22 
l 
( 1 
* 4 
* Is 3 
7 
oy 1 1 
4 
Y 430 
1 ; 
r + 
7 
"IS. 
-F 
{Ty 
os + 
1 
6 
4 4 
. 
Je R 
VIS 
bf 
© 
vs ; 
iy 
a2 \ 
1 3 # 
ps T: 
4 
4 $R."Y 
"fre * 
1 
140 # 
4:5 -3$E- 
DOTS + 
wt f 7 = 
1 
—_— :' - 
0 1 & 
. 
i 2 , 
7 » 4% 4] 
— ; z 
4 1.3" 
137 
1 
i, LE 
187 +, 
be) 4 . 
* 1 4 
139 * * 
1 
3 = - 
. ' 
wh. 3 
r 
T5 & * 
. 1 
1 
14 7 
ms © 
i 
ISS. £ 
py 7 * 
N 
i 
bal * 
= . * 
iN 5 
3 22% 5-8 
* v0 ; 
1 N 1 
r 
; KW 
*.. I 
iD - 
WS: 3 
b 
I #5 
. 
* 
5 
r 
[34 
1 = ? 
47. 4 4 
of 4 
"IS - 
« q * N 
) 1 C 
wo [ 
IS | © 
v:4 1 
1 1 
1 5 
N 
2 121 Ne 
FISH :; £5 
© i 4. * : 1 
IIS | i 
= 
A. 
17 
* . 
7 — 
* Il 1 
£4 . 
, 1 
9 
* 4 N 
r 
2. N * 
ps & 'S. 
7 
a 4 
- 
\ 
3 
l 
4 
* 
1 
+ 
4 
l 
* 
*7 


— 


2 — ts 
7889 ** 


I 38 From the Acceſſion of James I. to the Chap. 3. 


tion of the King's, touching the foundation of the Privi- 
leges of the Houſe of Commons, brought the matter to a 
eriſis, and produced that famous proteſtation in vindication 
of their Rights and Privileges, which brought on the imme- 
diate diſſolution of the Parliament, and which (though the 
King, by ſending for the Journal Book, and ſtriking out the 
Entry with his own: hand, was in hopes to have obliterated 
all traces of it,) is ſtill preſerved, and will for ever remain a 
memorial of the true ſpirit of the Great Leaders of that Houſe 
of Commons, who ſtood firm in oppoſition to the attempts 
of an arbitrary Monarch, wiſhing to. trample upon the . 
and Liberties of his people *. 


This:proteſtation, made and recorded in the Journal of the 
18th of December, differed ſo widely from the King's princi- 
ples upon this queſtion, that his Majeſty thought fit to ſend 
for the Book, and, in full aſſembly of his Council, and in 
the preſence of the Judges, did declare the ſaid proteſtation 
to be. invalid; annulled, void, and of no effect; and did 
further, mani ſua propria, take the ſaid proteſtation out of 
the Journal Book of the Clerk of the Commons Houſe of 
Parliament, and commanded an Act of Council to be made 
* thereupon, and this Act to be. entered in the Regiſter of 
Council cauſes :'. Intending, as it is expreſſed in the Entry 
in the Council Books, that hereby this proteſtation ſhould: 
© be eraſed out of all memorials, and utterly annihulated.” 
Immediately on the diſſolution of the Parliament, thoſe 1] 
* tempered ſpirits, Sir Edward Coke, Sir Robert Philips, Mr. 
Pymm,. Mr.. Selden, and Mr. Mallory, who, had been the 
moſt forward in aſſerting the Privileges of the Houſe of Com- 
mons, were committed to the Tower and other _ ; the 


U 
K 


'P See this proteſtation b. before in p. 78. 


locks 


Chap. 3. End of the Parliament of 1628. 139 
locks and doors of Sir Edward Coke's chambers in London, 
and in the Temple, were ſealed up, and his papers ſeized ; 


Sir Dudley Diggs, Sir Thomas Crewe, Sir Nathaniel Rich, and 
Sir James Perrot, as a lighter puniſhment, were ſent, under 


pretence of enquiring into matters concerning his Majeſty's 
ſervice, into Ireland, and Sir Peter Hayman into the Pala- 


tinate. 


And thus ended this very important queſtion between the 
King and the Houſe of Commons, which the Reader will 
find his pains amply rewarded in ſtudying more at large, 


in the Journals, from the 1ſt of December to the end of the 


Seſſion ; in the ſecond volume of the debates, from p. 179 to 


the end, and the Appendix; and in the fifth volume of the 


. 3 


7. On the ch of eee 1620, ſeveral pages, ſervants 
to Members, having been guilty of a riot and aſſault, in the 
face of the Judges of the King's Bench, were committed by 
that Court, but afterwards ſent by them to the Houſe of 
Commons, to be puniſhed there. 


8. The next Caſe I ſhall produce, is that of Lord Arun- 
del, which, though it is not ſtrictly within the line J ori- 
ginally propoſed to myſelf, yet, as the proceedings upon it 
contain much curious learning, touching the Privilege of 


Parliament, I truſt it will not be thought entirely foreign to 


the preſent Work. As theſe proceedings are to be found, 
collected together from the Journals of the Houſe of Lords, 
both in the ſeventh volume of the Parliamentary Hiſtory, p. 


168, and in Elſynge, p. 192, I ſhall not inſert them at length, 


but ſhall only give ſuch extracts as may be ſufficient for un- 
T4 5 derſtanding 


* 
Fe 

©: 

5 

G 

— 


ys wn A . : 5 1 "= 2423 „48 2 a * » HT a 
n ” 2 3 reren oy — 3 E > cy 48, per Ae — J 

* 5 J ITE — 4 94 * 8 > Lit; * _— ——— We, a * . K 5 n — ga RY © MS n „ 42 Þ 4 + 6 > - 4,5: ap arg es — 9 

WF, * bg.” *: 4 vu het 5 * WY * * > Ny 5 8 8 - 1 13 * A > E. 0 A —— 
n 8 F * 2 e are ee py 5+ (04 gy * 1 n * 5 woe - LN 2 1 > EE * 12 2 * — 2 „ . 5 
"x * - b 4 P 8 . — ” EE , 6 £ . r 2 + "©, = — r 8 

e eee Cough e — e he een 1 e —— 83 We ee 4p 3 9 Nen r Nom EW, 2 
„ Les ES LY oo ANY Roger ny Rs REES < þ wt IEA 1 * Py. „ Med e 4 . $ N * n : Fl GE ern 
© — ry 4 — — eu r 


Lb 


KK 
- vt 2% 
4. «  £ T. - 

1650: 1 


3 2. *. 
e SIO, ee 
- o * 7 
5 — 9 
ot. 


enten 
8 F on 2 1 
n e 
2 . — 


5 
2 
44 


mY D 72 5 


3 * . 
. 


N 


* 


2 4 — 5 - "% 0 
S n 
ccc 
$ © See + it „ »- ” 
: ; Fe * 5 = 4 n 5 


vn 


Me TK iu es: 


Ts > md Los % Py Ny ME: 25 
> La K * +. * 3 g % 


5 "ES 
np role. — - p * 
9 4 
p 3 1 


xy — 
b. eee ey e 
x #2, 5 . 8 & 
N r 
1 +... Sy cw 8 * 
" « f "We 
— * 2 * : 
wor eo 


140 From the Acceſſion of James I. to the Chap. 3. 


derſtanding the . 1 which this Lords nn in 
this matter. / 


on the * of March, ON 4 charles I. had committed 


the Earl of Arundel to the Tower, but the cauſe of his com- 


mitment was not expreſſed; it was ſuppoſed to be on ac- 
count of the marriage of his eldeſt ſon with the ſiſter of the 
Duke of Lenox, a relation of the King's. The Lords highly 
diſcontented that he was committed, ſitting the Parliament, 
reſolved to take the matter into conſideration; and ſo to pro- 
ceed, as to give no juſt offence to his Majeſty, and yet pre- 
« ſerve the Privilege of Parliament.” Upon this the Lord 
Keeper acquainted the Houſe, that he-was commanded by 


his Majeſty to _— this meſſage to their Lordſhips, viz. 


"0 


That the E Arundel was reſtrained for a miſdemeanor, 
which was pert to his Majeſty, and lay in the proper 
knowledge of his Majeſty, and had no relation to matters 
of Parliament.” The Lords, however, immediately reſolved 


N 


R 


themſelves into a Committee, and the Houſe being reſumed, 


the Lords Sub- Committees for Privileges were appointed to 


ſearch for precedents, concerning the commitment of a Peer 


of this Realm, during the time of Parliament; and ſeveral of 


the Judges were ordered to attend their Lordſhips.— The next 


day, the 15th of March, the Lord Treaſurer Ley, brought 


another meſſage to the Lords, to ſay, That the King avowed 


the meſſage delivered yeſterday to their Lordſhips, by the 
Lord Keeper, to have been done punctually according to 
* his Majeſty's own diſcretion ; and he knoweth that he hath 


therein done juſtly, and not diminiſhed the Privilege of 


the Houſe,” But, the Lords Committees not yet having 
reported the precedents, the Lords do not proceed any further 
at mn! On the 18th of April, the Lord Preſident re- 

ported 


5 
8 
05 
NG 
: 
85 


'L 5 
_—_ 


So 


Chap. 3- End of the Parliament of 1628. 141 
ported the proceedings of the Sub-Committees ; © Firſt, that 
* the King's Counſel had ſearched and acquainted the Lords 
« with all that they had found in records, chronicles, or 
« ſtories” touching this matter, unto which the Lords Com- 
* mittees had given a full anſwer; and alſo ſhewed ſuch pre- 
cedents as did maintain their own right *.“ This report 
being read, it was agreed upon the queſtion by the 
whole Houſe, nemine contradicente, That the Privilege of 
this Houſe is, that no Lord of Parliament, fitting the Par- 
liament, or within the uſual times of Privilege of Parlia- 
ment, is to be impriſoned or reſtrained, without ſentence 
or order of the Houſe, unleſs it be for Treaſon, or F elony, 
< or for refuſing to give Surety for the Peace. And a Com- 
mittee was appointed to conſider of a Remonſtrance of the 
Privileges of the Peers of Parliament, and of an humble Pe- 
tition to be made unto his Majeſty, to enjoy the ſame. The 
next day, the Lord Preſident reported this Remonſtrance and 
Petition, which was agreed to, and ordered to be preſented 
by the whole Houſe ; to which the King made anſwer, That 
* 1t being a matter af ſome conſequence, he would adviſe of 
it, and give full anſwer in convenient time: This was on 
the 19th of April. — On the 24th, the Houſe was called 
over ; and the Earl of Arundel being called, the Lord Keeper 
ſignified to the Houſe, © That his Majeſty having taken into 
* conſideration the Petition of their Lordſhips, touching the 
Earl of Arundel, will return anſwer thereto with all expe- 
dition. — On the 2d of May, the Lords, finding that not- 
withſtanding the King's promiſes, the Earl of Arundel was 
ſtill reſtrained from coming to the Houſe, and that no notice 


* 


Theſe precedents, with the anſwers to found in Elſynge; to which books 1 beg 
them, are entered at length in the Journal leave to refer the Reader, 
of the Houſe of Lords, and are alſo to be 


142 From the Acceſſion of James I. to the Chap. 3. 


was taken of their Petition, order the Lord Keeper again to 
move his Majeſty, * for a ſpeedy and gracious anſwer: On 
the 4th of May, the Lord Keeper acquainted the Houſe, 
That in purſuance of their order he had moved his Majeſty, 
on behalf of the Earl of Arundel ; and that his Majeſty gave 
for anſwer, © That it is a cauſe in which his Majeſty is willing 
to give ſatisfaction to your Lordſhips, and hath it in con- 
« ſideration how to do it; but, having been interrupted by 
* other buſineſs, will, with all conveniency, give your 
Lordſhips ſatisfaction, and return you an anſwer.” The 
Lords waited patiently till the 9th of May, when, finding 
it was with no effect, they again petition the King, for a gra- 
cious and preſent anſwer.” The King, highly offended at 
this expreſſion, © and wondering at their impatience, fince he 
© had promiſed them an anſwer in convenient time; tells 
them, That when he receives a meſſage fit to come from 
them to their Sovereign, they ſhall receive an anſwer.” Upon 
this ſignification of the King's diſpleaſure, the Lords ſtrike 


out the word * preſent,” and direct the Petition ſo altered to 
be again preſented to the King; to which the King again 


anſwers, for the fourth time, that they ſhall have his an- 
* ſwer, as ſoon as conveniently he can: This was on the 
13th of May, and the firſt Petition, with the King's promiſe 
to give an anſwer in convenient time, was on the 19th of 
April. — On the 17th of May, the Lords renewed their Peti- 
tion upon this ſubject, to which, on the 19th, the King an- 


ſwers, That they have no reaſon to miſtruſt the ſincerity 


« of his promiſes ; that the Lord Arundel was committed 
« for a fault directly againſt the King himſelf, having no 
« relation to the Parliament ; that, on the word of a King, 
* he does not ſpeak out of a deſire to delay them, but, as ſoon 
as it is poſſible, that they ſhall know the cauſe: Upon 

this 


S_ 
- 


Chap. 3- Eud of the Parliament of 1628, 143 


this evaſive anſwer, the Lords immediately dire& the Com- 
mittee of Privileges to conſider, © how farther to proceed with 
dutiful reſpect to his Majeſty ; and yet, ſo as may be for 
« preſervation of the Privileges of the Peers of this land, and 
the Liberties of the Houſe of Parliament.“ On the 24th 
of May, the Lord Preſident reports another Petition to the 
ſame purport, and this is again to be preſented by the whole 
Houſe ; to which the King again replies, That he will uſe - 
all poſſible ſpeed to give them ſatisfaction, and at fartheſt 
© before the end of the Seſſion. The Lords ſeeing that, not- 
withſtanding the moſt ſolemn promiſes fo frequently repeated, 
the King intended to delay giving them ſatisfaction till the 
end of the Seſſion, and by that pitiful evaſion perſiſt in the 
violation of their Privileges, immediately reſolve, « That all 
* other buſineſs ſhall ceaſe, and that conſideration be had 
how their Privileges may be preſerved to poſterity; and then 
adjourn to the next day. On the 26th, the King finding the 
matter grow ſerious, ſends a meſſage by the Lord Keeper to 
acquaint the Lords, That he doth much marvel that his 
meaning in his laſt anſwer ſhould be miſtaken ; and for 
the better clearing his intentions, to aſſure the Lords, that 
their laſt petition was ſo acceptable to his Majeſty, that 
his intent was then, and he is {till reſolved, to ſatisfy their 
* Lordſhips fully in what they then deſired. The Lords de- 
termined to be no longer inſulted with this farce of words, 
that ſignified nothing, immediately reſolve (without taking 
notice of the meilage,) to adjourn to that day ſevennight; and 
though the Duke of Buckingham wiſhed only to ſignify to 
their Lordſhips, that he would decline his deſire of having 
the King's Counſel to plead. for him, the Lords would 
not hear him, becauſe they would entertain no buſineſs. On 
that day ſevennight, the 2d of June, the Lord Keeper de- 
| livered 


— = 25 
2 — 9 n — 2 
— 8 Ree rn nn TY, —.— 
2 R a * 2 - 
3 * = - 
* - — 2 — - — g 
"y . * r — 5 
py 1 z . 
— — „ 3 „ — rt 
W —— —— — U —— 963ꝙ*— rey wu * 


? 


144 From the Acceſſion of James I. to the Chap. 3. 
livered another meſſage from the King, That his Majeſty hath 
© thought of the buſineſs, and hath reſolved that by Wed- 
* ne{day ſevennight at fartheſt, he will either declare the 
© cauſe, or admit Lord Arundel to the Houſe; and addeth 
further, upon the word of a King, that if it ſhall be ſooner 
ripe, he will declare it ſooner, and that he doth not mean 
to put ſo ſpeedy an end to the Seſſion, but that there ſhall 
be an ample ſpace for the diſpatch of public affairs. Upon 
this, the Lords again reſolve, « That all other buſineſs ſhall 
« ceaſe, but this of the Earl of Arundel's, concerning the 
« Privileges of the Houſe ;' and that this matter be conſidered 
in a Committee of the whole Houſe the next day. On the 
next day, the 3d of June, the King, finding it was to no pur- 
poſe any longer to contend with the Lords, upon a point 
which they were determined to maintain, and which, by their 


* 


N 


reſolution to proceed upon no other buſineſs, muſt be brought 


to an iſſue ſooner or later, ſends another meſſage by the 
Lord Keeper, That, in the matter concerning the Earl of 
Arundel, his Majeſty hath been very careful and deſirous to 
avoid all jealouſy of violating the Privileges of this Houle ; 
© that he continueth ſtill of the ſame mind, and doth much 
« deſire to find out ſome expedient, which might ſatisfy their 
Lordſhips in point of Privilege, and yet not hinder his 
« Majeſty's ſervice in that particular: But, becauſe this will 
require ſome time, his Majeſty is content that their Lord- 
« ſhips ſhall adjourn till Thurſday next; and, in the mean 
time, his Majeſty will take this particular buſineſs into far- 
ther conſideration.” Upon which the Houſe immediately 
adjourns itſelf to Thurſday, and all buſineſs to ceaſe until 
that day. Upon Thurſday the 8th of June, the Lord Keeper 
delivered this meſſage from his Majeſty, « That in purſuance 
of his meſſage of Saturday laſt, to take away all diſpute, 

On = 


Chap. 3. End of the Parliament of 1628. 145 
and, that the Privileges of the Lords may be in the ſame 
£ eſtate as they were when this Parliament began, his Ma- 

« jeſty had taken off his reſtraint of the Earl of Arundel, 
« whereby he hath liberty to come to the Houſe :” And the 
Earl of Arundel, being preſent, did render his moſt humble 
thanks to his Majeſty for this his gracious favour to him ; 
and gave their Lordſhips alſo moſt hearty thanks, for their 
often interceſſions for him to the King, and proteſted his 
loyalty and faithful ſervice unto his Majeſty. 


What a faithful picture of the character of Charles I. doth 
this ſhort hiſtory exhibit ! Arbitrary, imperious, obſtinate, 
and deceitful ! Secretly wiſhing to trample upon the Privi- 
leges of Parliament, yet not daring to avow his inten- 
tions, he endeavours by falſe inſinuations and untrue aſſer- 
tions to protract the time, till it ſhould be no longer in the 
power of the Lords to contend with him; and, when at 
laſt their cool but manly perſeverance compels him to ſub- 
mit, he is not aſhamed to give the Earl of Arundel his li- 
berty, without ſuggeſting even a hint of that * moſt juſt cauſe,” 
for which he ſo often pretended to detain him. Whoever is 
acquainted with the hiſtory of this unfortunate Monarch, 
will ſee in theſe outlines the ſketch of that character, which 
was afterwards more fully portrayed in the affair of Lord 
Strafford, and of the Biſhops, and which (the repeated vio- 
lation of his royal word rendering all confidence impoſſible) 
neceſſarily brought on that ſcene of confuſion, which ended 


in his own deſtruction, and in the overthrow of all order 
and government. 


9. On the Sth, gth, and roth of May, 1626, at a con- 
ference with the Lords, on the charge againſt the Duke of 


"7 Buckingham, 


146 From the Acceſſion of James I. to the Chap. 3. 


Buckingham, Sir John Eliot and Sir Dudley Digges, hav- 
ing uſed expreſſions that were thought to reflect upon the 
King and upon the Duke, were both committed to the 
Tower. The Houſe of Commons, inflamed with this moſt 


flagrant violation of their Privileges, reſolve upon the 12th of 


May, © That this Houſe will not proceed in any other buſi- 
© neſs, till we are righted in our Liberties ;* and therein ſet 
that example, which, we have ſeen in the foregoing Caſe, was 
followed by the Lords with ſo much fucceſs about a fortnight 
after. The accuſation againſt Sir Dudley Digges was, that 
in ſpeaking of the late King's death, he had uttered words 
touching upon the King's honour :' But the Houſe having 
appointed a Committee to enquire into this breach of their 
Privileges, that Committee reſolve, © That a ſolemn proteſta- 
tion ſhould be taken by every Member of the Houſe, 
againſt their giving their conſent to the ſpeaking any ſuch 


* R La) 


* 


Dudley Digges did ſpeak ſuch words, or any to that effect.“ 
And this proteſtation each Member ſolemnly made, as his 
name was called over from the book: And on the 15th of 
May, upon this matter being moved in the Houſe of Lords, 
thirty Peers and fix Biſhops made this voluntary proteſtation, 
upon their honour, * That Sir Dudley Digges did not ſpeak 
any thing at the ſaid conference, which did or might trench 
upon the King's honour.' Upon theſe aſſurances the 


King was fatisfied, and Sir Dudley Digges was ſet at liberty, 
and on the 16th, in his place in the Houſe of Commons, mak 
eth his proteſtation fully, That, as the words charged. 


« againſt him were far from the words he uſed, ſo they never 
came into his thoughts. — One of the charges againſt Sir 


John Eliot was of a very ridiculous nature; That in ſum- 


, _ 4 the whole againſt the Duke of Buckingham, he 
had 


words, and denying that they had affirmed to any that Sir 


"8 
- 
2 q 


1 
— A 


Chap. 3. End of the Parliament of 1628. 147 
had inſolently called him ' the man,” ſaying, ©* you ſee 


c the man,” which, as was obſerved by that grave but ſup- 


ple courtier, Sir Dudley Carlton, were extraordinary terms 
to uſe of ſo high a perſonage, ſuch as he never heard the 
© like in Parliament before. Though this free language of Sir 
John Eliot's at the conference was the true reaſon of his com- 
mitment, it was a cauſe too ridiculous to be avowed ; and 
therefore the King ordered the Chancellor of the Exchequer to 
inform the Houſe, © That the charge againſt Sir John Eliot 
„was with things extrajudicial to this Houſe ;* and on the 
Houſe deſiring an explanation of this word extrajudicial, 

Mr. Chancellor ſaid, * It was his Majeſty's word, and there- 
fore he could not explain it without his Majeſty's leave; 
Mr. Chancellor little conſidering what a charge of untruth 
and inſincerity he hereby brought upon his Majeſty. But the 
King, being probably adviſed no longer to inſiſt upon a 


point which he could not maintain, on the 19th of May 


ſigned with his own hand a warrant for Sir John Eliot's 
releaſe; and on the 2oth he was ſent for to come into the 
Houle : As ſoon as he had taken his place, Mr. Vice-Chamber- 
lain repeated the charge againſt him, in order (it is ſaid) to give 
him an occaſion to diſcharge himſelf of whatever might be 
4 objected againſt him; to which Sir John Eliot, inſtead of de- 
nying any thing he had ſaid at the conference, or meanly endea- 
vouring to explain away the harſhneſs of the terms he had 
made uſe of, warmed with a ſpirit that did him honour, and 
which, with the whole of his behaviour during thoſe times, 


will render his memory always dear to every lover of Liberty, | 


avowed and ſupported every name he had given to this over- 
grown favourite; to the particular objeftion of the words, 
the man, he ſaid, he thought it not fit at all times to reiterate 
0 his titles, and yet he thinketh him not to be a God.” The 
IJ 2 Houie, 


e TO” e ENT ary, > = OT Cy Dad Co - 
*% 1 n 1 r. * Fakes | * rs p L Sx * p * . 3 
. Apo 9 2 : 7 — 2 r * * * 
75 — — » <>-4.4 N Prep." "oh 
1 = 1 " 8 * & 


, * 6 N . 4 1 99 

3 2 5 * 155 — 2 D , * L - 
ED gw, 7 4 . hs f p . > by N k * g , - 44 - * 

r "TI. * 5 s | g OE | . My " 4 PR « Sl 4 L —_ - 

2 r 0 2 2 9 0 . ade 3 . 3 LOS Sow. * n N 1 8 — * 1 — — — 2 2 
＋ * [a 2 * 
a4 4 2 n WET 7 — * was Mes <4 OO D a "= n ** 4 my * 5 = FE” 
CY +. p was © — a * hs 4 bod q coke y A *X<Y J 8 . I — a. is Sv. 1 = * 

a — A 2 5 * 5 . = Red. ES aa ** = - 

1 7 m3 9 2 * 2 — RO 3 on = — wb k 
. e 4 - * N — 2 _ 
CON ET > * * * 


+ ” o *. = 2 
g F 
POET : — 
9 8 74 "tis 2 2 
hy 2 N 8 * * 


148 From the Acceſſion of James I. to the Chap. 3. 
Houſe, catching the ſpirit of this great patriot, immediately 
reſolved without one negative, and even refuſing to order him 
to withdraw, That Sir John Eliot had not exceeded the com- 
* miſſion given him by the Houſe, in any thing which paſſed 
© from him in the late conference with the Lords: And the 
like reſolution paſſed for Sir Dudley Digges. 


Thus ended this impotent attack of that raſh Monarch on 
the Liberties of the Houſe of Commons, to the diſgrace both 
of himſelf and his favourite. —The Compilers of the Parlia- 
mentary Hiſtory cannot let this aſſertion of the Privileges of 
the Houſe of Commons paſs, without obſerving, * That 
the impriſonment of Commoners, however unjuſtifiable 
ein itſelf, was no unprecedented ſtretch of the Royal Prero- 
« gative.“ How much then are we obliged to thoſe great 
men, Sir John Eliot, Sir Dudley Digges,. Sir Edward Coke, 
Mr. Selden, Mr. Pymm, Mr. Mallory, and many others, for 
putting a ſtop. to theſe precedents ; and when this argument; 
drawn from Precedents, was urged againſt them by the baſe and 
fawning flatterers of thoſe days, they ſenſibly replied, © As to the 
«« queſtion, whether theſe liberties are old or new, whether by 
the King's grant or by preſcription, it is immaterial ;.if Iam 
« ſure of my title, it is indifferent to me, whether I claim by 
« deſcent or by purchaſe. Or, as the ſame thought is expreſſed 
by a noble Writer of the preſent age, If liberty were but a 
« year old, the Engliſh would have juſt as good a right to 
« claim and to preſerve it, as if it had been handed down 
to them from many ages .“ 


10. The laſt Caſe I ſhall mention under this head, is that 
of Sir Henry Stanhope, who was committed by the Council 


1 Vol. VII. p. 168. Lord Lyttelton's Perſian Letters. 
Table 


Chap. 3. End of the Parliament of 1628. 149 


Table for a challenge, and to prevent further danger : It ap- 
pears from the Journal of the 3d, 5th, and 8th of May, 1628, 
and from Prynn *, that a Warrant had iſſued for apprehend- 
ing him without expreſſing the cauſe of commitment, but 
that in the ſecond Warrant it was declared to be for the 
breach of the peace, and refuſing to give ſecurity for the 
«© peace. The Houle ſent for Sir Henry Stanhope by their 
Serjeant with the. Mace, but on examination remanded him to 
the priſon of the Marſhalſea ; and on the 8th of May, he, 
having given ſecurity for the peace, was ſet at liberty by order 
of the Houſe.—Prynn has given a particular account of the 
debate upon this ſubject, for which he only cites the Journal: 
| Now there is not a word of the debate entered there, nor in 
Ruſhworth, and therefore his authority upon this. occaſion 1s 
to be ſuſpected, eſpecially as he 1s totally miſtaken in the manner 
of its being concluded; for he ſays +, © the quarrel was taken 
e up, and ſo the Lords diſcharged him, not the Houſe.” —The 
alteration, which the Lords of the Council made in their 
ſecond Warrant of the 4th of May, after the matter had 
been moved in the Houſe of Commons, 1s very remarkable ; 
as it is expreſſed in the very words uſed by the Houſe of Lords, 
in their reſolution on Lord Arundel's Caſe, and was certainly 
meant to meet the interpoſition of the Houſe. 


I do not obſerve that, among theſe complaints of breaches 
of Privilege, by the Impriſonment of the Members, or their 
ſervants, there 1s any one of a perſon committed by any pro- 


ceſs of a Court of Law, on any proceeding by Indictment or 


Information, in order to bring him to trial, or on any Capias 
to receive Judgment; and yet in a courſe of five and twenty 


Fourth Regiſter, p. 714. + Page 716. | 
years, 


n 


ne 
— * 


R a. — „ 1 


mm 
— 


„ 8 
: SS I, — - . 
» l Py : * — m had 
- v4 n | N 
* 4 * 8 - ov >. : _— | E 
LIP * = OW". ELIT) | = 
* F — _ > 


LS 


7 bo 5 * 85 E OWLS IEF on — : g 
FF ³ĩ¹1e¹ꝛÜðꝛ •»mÿ m H EISE 
2 1 Lie: , . Oe 
4 ; 


" ia 


1 
3 * 5 7 i 


er. 

1 
1 
* * *.2 


I» 


Da an 
- 


* 5 = 
73-v A Fo wr 


r. 


* 


0 — 9 - EY * 2 * — ; . " 1 7; £ 
Tags 8 4 3 8 8 * i y — FO 14 5 A W > 4 %, * - * . Ra e IX n 
Rey e 5 1 Oz * +> 2 - 8 3 5 * * . 5 VE. * as EC "EASE „ * r * * * * + * 3 - bs © 5 
n t 7 ** . 2 a 7 * N r 3 SPS, : P 2 * ? £44 8 Fo” wot IRE p 
* : Pi 3 by a Ard _— * A . : ns Y ne 3 
* 1 , v. n E * one WITTY A TY CRT g IN. b 27 „ D WI „ 
N „ "| * 8 He AR r n . y 2 Pa 2; oo.” 
5 5 8 K * K+, © roy | r » Fi AY 
N . X 4 En me * : * — 


256 MAE ama, wn 3s <1 . 
8 N. 3 —— es = B 4 2 + 

* 3 

l 1 —_— ® 


ol ö 
* big ha. 
CIOS . wag 
IVE” n 
be 4 het A 
* "IFN N } 


150 From the Acceſſion of Fames I. to the Chap. 3. 


years, it is but reaſonable to ſuppoſe ſuch an event muſt have 
happened. —The firſt, fifth, and ſeventh Caſes are commitments 
by Courts of Juſtice, for a contempt to the Court: In theſe in- 
ſtances, the Houſe claim their right to the perſonal attend- 
ance of their Member ; and, in the ſeventh Caſe, where the 
ſervants deſerved puniſhment, they are ſent by the Judges of 
the King's Bench to the Houſe of Commons, to be puniſhed 
there ; though they had been guilty of ſo high an inſult on 
that Court, that it was obſerved, © many for leſſer offences had 
< loſt their hands. 


The ſecond, third, and tenth Caſes are in matters of the 
peace : If the Juſtice of the Peace in the ſecond Caſe had taken 
the bail, or the ſecurity of the peace, which was offered, it 
does not appear that the Privilege of the Houſe would have 
been broken; but being a trading Juſtice, (a character very 
much complained of about this time) he inſiſted on the pay- 
ment of ten ſhillings, and in this he undoubtedly exceeded 
any powers given him by law, and by that rendered himſelf 
a very proper object of the juriſdiction of the Houſe. In Sir 

Henry Stanhope's Caſe, the Houſe on finding it a matter of 
the peace, remand him, till he procures his liberty by giving 
ſecurity of the peace.—Theſe inſtances, with that of Lord 
Arundel, (Ne 8.) may, I think, be very properly conſidered as 
a Parliamentary explanation of the expreſſion in Thorpe's 
Caſe, of Surety of the Peace,” and of what Sir Edward 
Coke ſays in the fourth Inſtitute, p. 25, © That the Privi- 
< lege of Parliament does hold unleſs it be in three Caſes, 
«© Treaſon, Felony, and the Peace.” 


” 
* "7 
4 
WI 
7 
75 
$ 
oo 
4 
* 
5 
1 
3x0 
53 
3 
* 
o 
7 
. 
"> 
I 
7 
E 
% * 
— 
* 
9 
1 
of 
be 
- 
* 
© 
* 
* 
18 
. 
oz 
Ps 
"3+ 
Mx 
5 
* 
* 
Te 
ts 


1285 
5 
FLAX 
> 
* 
3 
1 
e143, 
—— 
Pg 
2 
1 
BY 
2 
2 5 
PR 
DR 
5 
Ne. 3 
2 
OY 
£ 


| 1 to the Caſe of Dr. Steward's ſervant, (Ne 4.) I believe 
the law, with reſpect to baſtards, ſtood at that time on the 
ceighteenth 


Chap. 3. End of the Parliament of 1628. 15 
eighteenth of Queen Elizabeth, Ch. 3. by which the Juſtices 
are empowered to puniſh the reputed father, and to make 
* proviſion for the care of the child, and to charge ſuch fa- 


* ther with a weekly payment of a ſum of money, which if 
© he refuſes to pay, then to commit him to the common 
« gaol.* It does not appear from the Journal, on what 
ground this commitment was made; whether only as being an 
offence contra bonos mores, or, upon the Act of Parliament, 
on his refuſal to pay the money ; it was however in neither 
Caſe clearly a © matter of the peace, and therefore the Houſe, 
confiſtently with that doctrine, determined he ſhould have 
Privilege. | 


The ſixth, eighth, and ninth Caſes are commitments by the 
King or Council, for offences againſt the Court, by ſpeaking 
too freely of the Prerogative, or by ſome act by which the 
King thought himſelf perſonally injured. In theſe inſtances, 
both Houſes, with equal ſpirit, aſſert their indubitable and 
eſſential right of freedom of ſpeech, and of the perſonal free- 
dom of their Members, and refuſe to proceed in any buſi- 
neſs, till their Members are reſtored to them. —If this claim, 
ſet up by James I. and Charles I. to impriſon the Members of 
either Houſe of Parliament, at any time, and under any pre- 
tence, could have been eſtabliſhed and carried into execution, 
without being oppoſed by the Parliament, it certainly would 
have made no inconſiderable part of that ſyſtem of Prerogative 
Government, which theſe ill-adviſed Princes were fo deſirous 
of erecting : The terrors of hard impriſonment, and Star- 
Chamber puniſhments, would undoubtedly have prevented 
many Members from voting or ſpeaking againſt the meaſures. 
of the Court; while the more firm and reſolute, the Went- 
worths, Eliots, and other manly ſpirits, whom no terrors 

Z could 


| 
JS. 
| 
| | 
j 
: 
N 
N 
| 
1 
| 
{ 
' 
| 
' 


152 From the Acceſſion of Fames 1. to the Chap. 3. 


could -affright, would, by this power, have been withdrawn 
from the Houſe ; and the Court would have eaſily prevailed 
with the timid herd, which were left behind, to have given 


the countenance of Parliamentary authority to thoſe mea- 


ſures which they were aiming againſt the conſtitution ; 


and would thereby have .eſtabliſhed the power of the Mo- 


narch on a foundation, perhaps never afterwards to be 
ſhaken. —.In theſe commitments, which we have hitherto 
met with, made either by the Council Table, or by the order 
of .the King, there 1s generally that modeſty in the miniſters 


to wiſh, that it may be ſuppoſed that ſuch commitments were 


not for any liberties taken in ſpeeches, or for particular votes 


or behaviour in either Houſe of Parliament, but for offences 


of another ſort committed out of Parliament ; well knowing, 


that if the Parliament could be deluded by theſe pretences, 


their end would be equally anſwered, and they ſhould avoid 
conteſting thoſe liberties which they could not deny to exiſt, 
and which they were aware the Parliament could never re- 
ſign. —Yet in the inſtance of Sir Edwyn Sandys, (Ne 6.) 
that weak Prince, James I. drawn in by his fondneſs for big 


words, and angry menaces, cannot help in his meſſage to 


the Houſe of Commons, openly avowing his right to puniſh 
any man's nuſdemeanors in Parliament; though, in the ſame 
breath, he is puſillanimous enough to tell a manifeſt untruth, 
that, in this particular Caſe, Sir Edwyn Sandys was not com- 
mitted for any ſuch behaviour. This tranſaction is a true 
picture of the character of that unwiſe Monarch; loud, ob- 
ſtinate, boaſting, threatening in words, but, when matters 
were brought to a criſis, mean, cowardly, trifling, and ſup- 
ple: It is however providential for this country that he ex- 


iſted ſuch as he was; if he had made fewer claims in favour 


Of the Prerogative, he would not have excited thoſe active 
| | and 


3 
oo,” 


Chap. 3. End of the Parliament of 1628. 153 
and determined patriots, who, in oppoſition to his arbitrary 
meaſures, examined into the Hiſtory of the Conſtitution of 
this Government, and brought forth thoſe rules and princi- 
ples, which were afterwards ſo juſtly applied in reſiſting the 
power of the Crown, and reducing it within its legal limits: 
Sir Edward Coke, Sir Dudley Digges, Sir Robert Philips, Mr. 
Crewe, and many others, might have paſſed unobſerved through 
life, and this country might never have reaped the advan- 
tages of thoſe ſtudies and that knowledge, to which the pa- 
triots in the ſucceeding Reign, and thoſe who brought about 
the Revolution, were ſo much indebted. If, on the contrary, 
he had had more true ſpirit, and wiſdom, and reſolution to 
have abided by and ſupported thoſe claims, on the foundation 
of the precedents made by his predeceſſors of the Houſe of 
Tudor; it is impoſſible to ſay, what might have been the 
event: I truſt the great men of thoſe days would not have 
been found an eaſy conqueſt; they would, I make no doubt, 
have continued the ſame oppoſition, though they had been 
obliged to purchaſe their liberty with their lives: Happily 
however for us, they were not put to ſo ſevere a trial; the 
weakneſs of their competitor always gave the victory on their 
ſide. | 


19 
1 


. = (2.) The ſecond general head, 1s the arreſt, or impriſonment 
: of Members, or their ſervants, in civil ſuits. 


1. And the firſt Caſe which occurs, is that of Sir Thomas 
Shirley, on a complaint made on the 22d of March, 1603, of 
his being arreſted at the ſuit of a creditor, and impriſoned 
four days before the ſitting of Parliament. The proceedings 

of the Houſe upon this complaint, and the Bills which were 
brought in in conſequence of it, take up a conſiderable part of 
= the 


154 From the Acceſſion of Fames I. to the Chap. 3. 


the Journal of this Seſſion *; I ſhall here therefore only inſert a 


ſummary account of the Caſe, copied from the fifth volume of 
the Parliamentary Hiſtory fr. 


Sir Thomas Shirley, Member for Steyning, had ben com- 
mitted priſoner to the Fleet, ſoon after his return, and before 
the Parliament met, on an execution. The Houſe ſent their 
Serjeant at Arms to demand the priſoner, which was refuſed 
by the Warden; on this he was himſelf ſent for to the 


Houſe, where he, ſtill perſiſting in refuſing to releaſe the pri- 


ſoner, was committed to the Tower for the contempt. On 
the gth of May, a debate aroſe in the Houſe, in what 
manner they could releaſe their Member ; ſome arguing that 
the Houſe could not, by law, ſecure the Warden from an 
eſcape of his priſoner : But the Recorder of London ſaid, 
That this was not a time to treat about matters of law, but 
ho to deliver Sir Thomas Shirley. He moved therefore that 
« fix of the Houſe might be ſelected and ſent to the Fleet, 
with the Serjeant and his Mace to attend them; there to 
require the delivery of Sir Thomas Shirley; and, if it 
was denied, to preſs to his chamber, and, providing for 
« the ſafety of the priſon and priſoners, to. free him by force, 
„and bring him away with them to the Houſe.”—This mo- 
tion of Mr. Recorder of London was put to the queſtion, 
and carried by one hundred and ſeventy ſix, againſt one hun- 
dred and fifty three, on which it was reſolved to ſend, with 
diretion and authority as before: But the Speaker, putting 


the Houſe in mind, that all thoſe, ſo ſent to enter the priſon 


in that manner, were, by law, ſubject to an action upon the 
Caſe, it was thought meet to ſtop the proceeding.— Many 


* Which is very well worth the Reader's peruſal. + Page 113. 
| projects 


* 


7 428 n p x 
, IR NT TRI Ro Ie ty JETER . 
Z %%% TTTpfdßßßßfßßß c ILT aris ea, ce ARA "PII. 28 
"SF , W * P * 7 2 + S 1 OLE j 2 n 8 7 * 4 
os 7 > * I pf 5 8 — / * * WJ. . FA 2 * 
Y s oy % 3 nu reads r 4 «7, * nn Sh 
1 15 6 A + 8 he - W-, n n= C 


EA 


Chap. 3. End of the Parliament of 1628. 155 
projects were formed in the Houſe, for ſeveral days together, 
for the delivery of the priſoner, but to no purpoſe ; when the 
Warden was again ordered to be brought before them, and 
though told of the greatneſs of his contempt, and terrified 
with further puniſhment, if he would not yield, he ſtill re- 
fuſed to deliver his priſoner to them. On this another de- 
Þate aroſe, and having come to a reſolution, the Warden was 
again called in, when he, ſtill perſiſting in his obſtinacy, Was 
told by the Speaker, That as he did increaſe his contempt, 
« ſo the Houſe thought fit to increaſe his puniſhment, and 
< that their judgment was, now, that he ſhould be commit- 
ted to the priſon called Little Eaſe, in the Tower.“ The 
next day, the Lieutenant of the Tower ſent a letter to the 
Speaker, importing, that he had talked with the Warden his 
priſoner, and that he now ſeemed to have fome feeling of 
his error and obſtinacy ; and that if the Houſe would ſend 
two of their Members, which he named, to ſatisfy him in 
the point of his ſecurity, he would deliver up his priſoner to 
their Serjeant, when they would pleaſe to fend for him. But 
the Houſe would not conſent to this ; and the day after, they 
came to a reſolution, to ſend another Warrant of Habeas 
Corpus to releaſe their Member ; and that the Warden 
ſhould be brought from the Tower to the. door of the Fleet, 
and there to have it ſerved upon him by the Serjeant, and 
then to be returned to his dungeon of Little Eaſe again. 
The form of all theſe Warrants are in the Journal ; but there 
is a memorandum added to this laſt, « That Mr. Vice-Cham- 
< berlain was privately inſtructed to go to the King, and 
humbly deſire, that he would be pleaſed to command the 
Warden, on his allegiance, to deliver up Sir Thomas; not 
as petitioned for by the Houſe, but as if himſelf thought 
it fit, out of his own gracious Judgment. Alt is likely this 
X 2 laſt 


——— Cn —— . 
Fg SN OS LAT RIES Ws => w 
_ : — * — OB 


ec: 
EI ORE IIS Li MET EE > 


r N 
3 Ten * 
n 8 
NE Liga 
———— . WR "TR ͤ bd IR => — 
—.— 5 2 af 4 3 —— * 


PN 5. 
n n 
— 2 1 
. n = — —F SIE, CS 
ee, "bg — > —_—_— 7 _ 7 [i ne * 
<7. 2 * = 5 =- 
_ — - 


* 2 3 Aa 
r 
— * — 
—— 1 1 
Lo. 83 


. n 
— — . — 


OE TERS . ̃ . M Ä CE RI. 7 85 F "Sa 1 7 VE ENCE 0 Os CO PSs, 16 I = gp er, 
e n I el EE RI NO IT A - a $04 4 p . . £7 J 
$845 r rr FVV 5 . I T4 4 F 
wy Fe 2 a= Be "of 23» RC * Ani * 25 - « 
3 8 / 
— . - 4 
- __ . N . 2 2 RL fo oy 5 2 < 3 — 2 
* . 2 ye « 2 —— > 9 "> — N 5 . 2 . ge - I LE —1 — = ? — = : DET 2 2 2 Ore > 
332 gem "oo . . 1 1 1 5 D - > "7 * — 2 22 — — 5 "7 by, * — — * 6 R PI = 28 —— oo * * * 
- — . = 7 . — » R 8 9 31 2 5 * 3 — - - D | "4 x — = wy os 
— 2 e 1 . N. - 2 * „364 8 Py & 7.4 1 „ $6: * ; þ on 2322 ˙ TINNIENS 5 . 2 * N — » — — * 
* 1 5 — — 2 2 2 * : = Fe d 5 2 1 day FL - * ä — —— 9 
. . 989 E . W — ” OE IE — E * _ * 7 — * g p 18 A 25 * > 0 IST 6 — = . a b * —— — — — * 
„ n Nr . eee 0 — — —— PRs 0 ee N Y g — — ö . - 
— £ — A Ion WB iF- - I 2 8 S 8 _ PRO ä — Pg + 


YT II ITT 
8 n 


o 


— 
* 


5 ” 6 4 r * 
r Ap eo ET WAI oo TE 


— — 


= —_—_— 
be: a ** — — 22 2 
— ers : 

— - bs 
— —— 

* — ä — ů —-— = - - 


1 
i 
Ti LE: 
, 1 
1 
: : 
15 
38 
| 
* 4 
KY 
1 
141 : 
I 
\ 
"2 
EH © 
4 
2 
LY 2H, p 
„ 777 
8 8 
* * F: L 
n 
. 
4 
= % 
a 
* 8 
4 ; 
AA 
1 ; 
n 
1 
£38 
[9 1 J 
Bp 
WY + 
| © (86s * 
+ 1 
1 0 
* EK 
. Fg I 
* 
Ss 
+; 
SY " 
3 2 
. =>, 
"ES 
Wis | 
4 £6 £ 
& VE} 
Gon: © 
3386 
* 4 EY 
D 
9 
187 
+413; 
55 is 
1 
18 
j 4 
. . 
por” 
< + # 
KK, 
\ 
"4 
FR 
4 4 
3 
IL 
N 
4 24% 
1 
HE 
hs © 
td 3 
* 
TIED 
8 bh 
t- 
2 
= if 
v3 43> 
* 
1 
5. 
9 
44. 
1% 
$- x 
"73 
1 
by 1 
. ** 
47 
W 
387 
T T7 
1 
x 
2 


— 
2 een 
bo 4 if 
. 7 2 7 
2 Al 4 


_— — 5 — — 
—ͤ A 
pu > — 
2.4 — 
Lay 7, s 


_ > 
- — 
7 A 


156 From the Acceſſion of James I. 70 Re Chap. 3. 


laſt method prevailed, for we find that Sir Thomas was de- 
livered up, by a petition ſent to the Houſe from the Warden 
in his durance, and praying to be releaſed from it. The Houſe 
however thought fit to continue him, in the ſame diſmal hole; 
ſome time longer, when at laſt, being ordered to be brought 
to the Bar, on his knees, he confeſſed his error and pre- 
ſumption, and profeſſed that he was unfeignedly ſorry that 

she had ſo offended that honourable Houſe.” On which, 
the Speaker, by direction of the Houſe, pronounced. his par- 
don and diſcharged him, paying the ordinary fees. 


\ ak * * . C 0 LAS. I 
. 22ͤöXV ANN +: E i ab 
d : . N % 's sf, * * . 7 
— * 


855 


„ IEP ST. En IRE ISo 3 
2 mw wel; 5 * N n 
. . 5 


TS 
* * y 
$5.59 
2 
28 
23 
7 
25 
. 
la 
Ia 
5 
* 
6 
LY} 
8 
Ws 
5 
85 
5 
$ 
4 
pM 
«4 
a7 
4 
7 
- 


It appears that the principal difficulty attending the re- 
leaſe of Sir Thomas Shirley, was the ſame that had occurred: 
in the former Caſes of this nature, viz. © That the Warden 
« would: have been liable to an action of eſcape, and the cre- 
« ditor would have loſt his right to an execution :* Nor was it 
in the power of the Houſe of Commons alone to give any 
ſecurity upon either of theſe points; it therefore became ne- 
ceſſary in this Caſe, as in the inſtances. of Lark, Atwyll, &c. 
to make a particular law, to ſecure the debt of the cre- 
- © ditor, and to ſave harmleſs the Warden of the Fleet.” 
And in order to avoid this difficulty for the future, it was 
thought expedient to paſs. the general law of the firſt of 
James I. Ch. 13. © for new executions to be ſued againſt any 
* which ſhall hereafter be delivered out of execution by Pri- 
« vilege of Parliament, and for diſcharge: of them out of 
* whoſe cuſtody ſuch perſons ſhall be delivered. It appears 
however, from the words of this Act, (and from. the proviſo. 
at the end of it, That nothing therein contained ſhall ex- 
tend to the diminiſhing of any puniſhment, to be hereaf- 
ter, by cenſure in Parliament, inflicted upon any perſon 
vrhich hereafter ſhall make, or procure to be made, any ſuch 
arreſt 


"a 


1 
i | 
: 
U 
. 2 
4 
GJ 
- : : 
N 
73 
1 7 
1 . 
+ 1 
x 4 . 
"| 1 
5 1 
8 : 
| 4 
* * 
1 
= = 
i 
x 
is 
4 
9 : 
.*# : 
o : 
* i 
"33 0 
A 
4 
4 7 
19 1 8 
4 
: 
4 
15 
* N 
1 
' : 
or 
4 
7 4 4 ; 
os 
% 
"i 
13 
ore : 
[| 1 
8 : 
4 
_ > 
4 M8 
Tok 
vel : 
1 
1 
1 
' 1 
4 
„ 
1 
a: & 
U 9 
8 
11 : 
„ 
2 f 1 
1 
1 
& 
; 
5 8 
1 
— 
by / 
= 
1 
4.5 } 
i 4 
- U 1 
1 
F * 
> 
1 
_ 
« q e 
1 : 
[4 * 1 
1 
UN 
f BS - 
3 
* ; ' 
a "| [4 
HEM 
. Fi 
3 
[ 1 7 
t 
„ 
N 1 
© 
4 "1 
"++ NY 
1 ) 
44.4 * 
. 
1 1 
4! 7 
is : 
i : 
i RY 
::.4 : 
r 
_ 
J : 
_ 
{ ö 
1 
* 1 
* : 
„ 4 
1 k 
* . 5 
I 4 4 
'8 
9 
i 
od 
bf 7 
f 
1 
i A 
. 
1 
i 4 
/ F 
'%Y % 
* 9 
1 
SY 
i | 


5 
. 


+ 


Chap. 3. End of the Parliament of 1628. 157 


© arreſt as is aforeſaid, ) that the opinion of both Houſes of 
Parliament at that time was, that, during the Privilege of 
Parliament, it was not lawful to arreſt, even in execution, any 
Member of either Houſe of Parliament ; and yet it is clear from 
the former inſtances, and from the variety of expedients pro- 
poſed by the Houſe of Commons in this Caſe of Sir Thomas 
Shirley, in every one of which they failed, that hitherto 
neither the law of Parliament, nor any ſtatute had pointed 
out a mode, by which the Member ſhould be delivered, 
or had taken care to ſecure the Gaoler from an action for 
an eſcape, or to inſure to the creditor his right to. a new Writ 
of Execution . 


2. On the 13th of February, 1605, Complaint is made 


that Mr. Brook, a Member, had been arreſted, by virtue of a 
bill of Middleſex, by one Mallorie, three days after the laſt 


Seſſion; the next day, Mallorie is brought to the Bar, in cuſ- 


tody of the Serjeant, but on his proteſting ignorance of Mr. 
Brook's being a Member, and being commanded to withdraw 
his action, he is pardoned and diſcharged. 


3. On the roth of February, 1606, Thomas Finch, ſer- 
vant to Sir Michael Sandys, had been arreſted in an action of 


debt, at the ſuit of Thomas Knight, a Fiſhmonger ; and be- 


ing priſoner in the Counter, an execution was laid againſt 


him for forty pounds: A Habeas Corpus was ordered to be 


awarded, for the bringing the body of Finch to the Houſe 
on the Friday following (a copy of which is inſerted in the 
Journal of the 13th of February, with the Speaker's Warrant, 
and the return of the Sheriffs to the Writ) ; by virtue of this 
Writ, Finch was brought up, and the other parties attend- 


See Note, p. 47, and 59. 


ing 


— . — —— bo — 


— 


5 


—— 


— 
— - — 
— — — — — 
4 . 2 


* Jon <7 
KK —  — 


* 
— 232 
. Ep 2 E * 
— nt td 3 - oy 
—ͤ — — 


—— 


— = * — — 
— — — ——— 
— — — r - > 
— — — — "I Ir 
— — — — RX 


1:8 From the Acceſſion of James I. to the Chap. 3. 
ing were heard in their defence, and were excuſed ; but Finch 


was privileged, and ordered to be delivered, according to for- 
mer precedents,” 


4. On the ſame day, the roth of February, 1606, Com- 
plaint was made that Mr. James, a Burgeſs, had been arreſted 
on an execution: The Attorney who procured the arreſt, and 
the officer who arreſted Mr. James, were the next day brought 
to the Bar, and for their contempt were committed to the 
cuſtody of the Serjeant for a month; which judgment was 
pronounced againſt them, kneeling at the Bar, by Mr. Speaker. 
On the 19th of F ebruary, Sir Noel de Caron, miniſter from 
the States General, intercedes for Bateman the Attorney by a 
letter to the Speaker ; and on the 2oth, Bateman petitioning, 
he, and the officer who arreſted Mr. James, are both brought 
to the Bar, and diſcharged.— do not recolle& any inſtance, 
prior to this, of perſons being committed to the cuſtody of the 
Serjeant by way of nen. 1 


. On. the. 20th of February, 1606, Hawkins, ſervant to 
Sir Warwick Heale, was arreſted in an action of eight thou- 
ſand pounds: A Habeas Corpus was ordered to be iſſued to 
bring up Hawkins, and the other parties were to be ſum- 
moned to appear; but the affair was, the ſame day, reported 
to be ſtayed and appeaſed by mediation. 


— — — 


—— 


* * 2 
„„ 


6. On the 16th of June, 1607, a Member's ſervant was ar- 
reſted : On the 1 of July, Paſmore, the officer who had ar- 
reſted him, is brought to the Bar by the Serjeant, and, having 
been heard in his defence, is committed to the Serjeant dur- 
” the 2 of the Houſe, and ordered to eee the 


f 
— 14 
1 : 
WW. 
1 
14 
IT 
7 
24 
F 
- U 
. k 
o 
. . 
b- 
j | 
w og 
= 
s 4 : 
1 
1 
1 
* 
L ö 
13 
= 
Fl 
+ 
Fs 
2 
5 
Pu 
7 
_ 
WS. 
F 
a 
-* 
. 
7 
[ : 
N 
; 2 
tt 
—_ 4 
1 3 
wy x 
14 
16 4 
| : 


—— 


to 


Chap. 3. End of the Parliament of 1628. 159 


to the officers of the Houſe; and on the 4th of July, the 
Houſe being informed that theſe conditions had been com- 
plied with, he was ordered to be diſcharged upon his ſub- 
_ miſſion. 


7. On the 5th of March, 1609, Euſtace Parry, ſervant to 
Sir James Scudamore, was taken in execution : The Houſe im- 


mediately order a Warrant for a Writ of Privilege; on the 


15th, this matter is referred to the Committee of Privileges, 
and, on the 16th, report is made from the Committee, that the 


party ſhall have his Privilege, and be delivered; but that the 
Sheriff be excuſed, as not knowing him to be a Member's ſer- 


vant: There is much debate, who 1s to pay the fees, 1. e. the 
expences of the arreſt and impriſonment; and it was reſolved, 
that the conſtable arreſting ſhall not, but the party accuſed 
| ſhall; this party was Wayte, at whoſe ſuit and by whoſe di- 
rection the arreſt was made: On the 28th, Wayte 1s examined 
and pardoned, paying his fees. | 


8. The very memorable Parliament of 1621, being engaged 
in many very important purſuits for the public ſervice, it 
was thought adviſable, in order not to interrupt their pro- 
ceedings, that they ſhould not be prorogued, but only ad- 


Journed during the ſummer months: As ſoon as this was de- 
termined, it appears from the Journals, and from the pro- 


ceedings of that Parliament, that there were great doubts 
and debates, as to the mode and effect of this ſo long an 
adjournment, with reſpect to Privilege. —On the firſt of June, 


1621, the opinions of Sir Dudley Digges, Sir Robert Philips, 


Sir Edwin Sandys, and many other experienced Members, 
are delivered upon this occaſion ; but it appears from the ſe- 


cond 


_—— —2— 


e 
—— Ee 
3 * 
CY 
— CCS. 
— — 


2 
—— 


— — — od 
F 


— EY 


= — — 3 


7 ier 11 


1 1 ' . * 8 3 phe FR 5.0 3 
wa . # , 1 1 N — 4 _ 74 , wh 37 ” - — — — 2 na . A 8 2 2 »- © 1.406. « * . D 
_ — . r Pp ror reg Dre 2 8 2 rags bo. * <2 1 —— oxy gt Ks A 2 ® Ns * Bos. Ds => - * ENT — 22 
hy « p 11 e - ao; * n _— . —_ A 2 * r =» * x & "* 8 3 KI > * — _ — * — 
4 ” my ET. 1 . 4 ; Hes en 7 J . . 2 be . 2 > * 
£ . 4 5 2 8 2 a reg a9, ve 5 FT A ” 3 re - > — . — »: 8 4 not — 21 ee onus a . We. 12 — . 0 5 
— n - — N r n WS ad © a, 2 F ws 2 2 2 2 1 . . ed pF "bm 2 r or TIES TT. > oo — 
» Are os oy Ne I IEICE OT EY II CT eu Tang KA. WE Wn WED 3 —— — 2 mes er = Wi 7 . . i 
r 3 r +; „ — 12 we 37 — 222 . — . 1 — ere 2 2 by 4 0 — 5 TE 8 2 2 
—— — - r 7 Þ rr 2 EC ad. — ns... Baron am — —- — 
FE — £ * n 5 * 7 12 troy Rt = Te; re ROD — 2 
- Wm A 2 . 5 oe 


160 From the Acceſſion of James I. to the Chap. 3. 


cond volume of the Parliamentary proceedings *, and from 
the Journal, that the reſolution to which the Houſe came, 
was upon the motion, and in the words of Sir Edward Coke, 
That in caſe of any arreſt, or any diſtreſs of goods, ſerving any 
' © proceſs, ſummoning the land of a Member, citation or ſum- 
* moning his perſon, arreſting his perſon, ſuing him in any 
© court, or breaking any other Privilege of this Houſe ; a let- 
« ter ſhall iſſue, under Mr. Speaker's hand, for the party's 
« rehef therein, as if the Parliament was fitting ; and the 
party refuſing to obey it, to be cenſured at the next acceſs. 
It is remarkable that Sir Dudley Digges moves, That in con- 
ſideration of payment of debts, the lands and goods of any 
Members, being debtors, may not be privileged during this 
long receſs: But this humane and juſt propoſition was over- 
ruled. As from the debate, both on this and the day before, 
it appears to be univerſally agreed, that the Privileges of the 
Members continue, during an adjournment, the ſame as dur- 
ing the ſitting of the Houſe, we may conſider this re- 

ſolution, drawn up in the words of Sir Edward Coke, as a 
recapitulation of all the Privileges, which were at this time 
claimed by Members of the Houſe of Commons, either for 
their perſons or eſtates, and as Sir Edward Coke expreſles 
himſelf <« clear both for Members, and their ſervants.” It is 
curious to compare the part, which .Sir Edward Coke took 
upon this occaſion, with the doctrine that he laid down 
thirty years before in Fitzherbert's Caſe T, when Speaker 
and Solicitor General to the Queen.—We hear nothing now 
of Writs of Habeas Corpus, Writs of Privilege, Petitions 
to the King or Houſe of Lords, but in every Caſe recited in 
the reſolution, or the breaking any other Privilege of the 


Page 146. | + See page 108, 


G Houſe, 


, Chap. 3. End of the Parliament of 1628. 161 


Houſe, a letter is to iſſue under Mr. Speaker's hand for the 
party's relief; and diſobedience to that letter is to be conſidered 
as a contempt of the Houſe, and to be puniſhed at their next 
meeting : And this 1s to continue during an adjournment of 
above five months.—Though I have a very great eſteem for 
the character which Sir Edward Coke ſuſtained throughout 
this Parliament ; and am of opinion, that this country is more 
indebted for the freedom of its conſtitution to his learning and 
determined ſpirit, than perhaps to that of any other man, 
J could not, conſiſtently with that fairneſs and impartiality 
which ought to guide the pen of every, even the moſt in- 
ſignificant, writer of hiſtory, omit to remark this difference 


in his ſentiments, according to the different ſituations in which 
he acted. 


9. On the 4th of June, 1621, the Houſe is informed of 
Johnſon, Sir James Whitlock's man, being arreſted : The par- 
ties are immediately called to the Bar, and heard, on their 
knees, in their defence; and, after a variety of propoſitions 
made for ſeveral degrees of puniſhment, it is ordered upon 
the queſtion, * That they ſhall both ride upon one horſe 
© bare backed, back to back, from Weſtminſter to the Ex- 
change, with papers on their breaſts with this inſcription, 
For arreſting a ſervant to a Member of the Commons Houſe 
„of Parliament; and this to be done preſently, ſedente 
« Curia:* And this their judgment was pronounced by Mr. 
Speaker to them, at the Bar, accordingly. This very new and 


extraordinary puniſhment was awarded, notwithſtanding it 


appears. from the Journal, and the Parliamentary proceed- 
ings *, that both theſe parties: had acknownnged their fault, 


8 vol. II. p. 164. 
Y and 


_ neg Io——_ — #2 Ys. <= 


* 4 . 
— 
S 


: — © — — ent > _ 


tb...» 


. 9 
Y 8 


—— 


162 From the Acceſſion of James I. to the Chap. 3. 


and craved forgiveneſs of the H ouſe, and of Sir — 
Whitlock. 


10. On the 28th of April, 1624, a Warrant is ordered to h 
iſſue from the Speaker, for a Writ of Privilege, to bring up 
a ſervant of a Member, in execution with the Sheriff of 
Kent, 


11. On the 4th of July, 1625, the Caſe of Mr. Baſſett is re- 
ferred to the Committee of Privileges, who report on the 8th, 
that he was impriſoned upon meſne proceſs, and afterwards 
* choſen a Burgeſs.“ There is a debate in the Journal, whether 
under theſe circumſtances he is eligible, or to be allowed Pri- 
vilege: Great diſtinction is made between a perſon arreſted on 
meſne proceſs, or in execution; and it 1s at laſt reſolved, up- 
on the quettion, That Mr. Baſſett ſhall have the Privilege of 
the Houſe; and a Warrant is ordered to the Marſhal to 
bring him up the next morning, which is done accordingly. 


12. On the gth of February, 162 5, a motion was made, 
that Mr. Giffard, returned a Member of the Houſe, and now 
in execution, may be ſent for. On this matter being examined 

into, it appears from a report of the Committee of Privileges 
on the 1 5th, © that one of the Burgeſſes for Bury was elected on 
the 6th of January, that Mr. Giffard was elected on the 11th 
of January, but that the indenture was not dated till the zoth 
* of January; the Town Clerk conceiving it was to bear date 
the day of the next County court; and that Mr. Giffard was 
« arreſted on the 23d of January, after his election but before 
< the return. After much debate and conſideration of this dif- 
ficulty, on the 17th of F — the Clerk of the Crown, the 
Sheriff 


Chap. 3. End of the Parliament of 1628. 163 


Sheriff of Suffolk, and the Town Clerk of Bury, are all called 


up to the Table, and there, by order of the Houſe, amend the 


return from the zoth of January, to the 11th; and then it is 
ordered, that Mr. Giffard ſhall have Privilege, and be delivered 
out of execution; and a Warrant is iſſued to the Clerk of 
the Crown, for a Habeas Corpus to bring him up the next 
day: On the 18th, he is accordingly brought in, with the 
Keeper of the Gatehouſe, the Bar down ; the Writ of Habeas 
Corpus is handed up to the Clerk, and the Writ and Re- 
turn are read by him, and then Mr. Speaker diſcharged Mr. 
Giffard, and wiſhed him to take the oath, and then his ſeat 
in the Houſe. 


13. On the gth of February, 1625, Complaint is made of 


Sir Thomas Badger's ſervant being arreſted at his maſter's. 


heels, as he came to the Parliament Houſe. On the next day, 
when this debate is reſumed, it is ordered, that the conſi- 
* deration of the manner of delivery of one in execution, be 
referred to the Committee of Privileges, for them to report 
to the Houſe: On the 15th, Sir Jo. Finch reports, that 
the Committee are of opinion, that Sir Thomas Badger's 
man {hould be delivered by Habeas Corpus, by Warrant 
* from the Houſe ;* and accordingly the Houſe order a War- 
rant for that purpoſe, to iſſue to the Clerk of the Crown, un- 
der Mr. Speaker's hand ; but they at the ſame time declare, 
< that, notwithſtanding the ſaid opinion of the Committee, the 
* Houſe hath power, when they ſee cauſe, to ſend the Ser- 


« jeant immediately to deliver a priſoner. On the 17th, he is 


brought up by the Keeper of the Gatehouſe; and the Writ and 


Return being read by the Clerk, he 1s ordered by the Speaker 
to be diſcharged. . 


. 14. On 


— 


31 
o ” 
"50 
1 ; 
9 
$482 - 
ap! 

d'.J& 0 4 

U 1 

U 
11745 
117, 

HARMS 

144 
FIRM 

$1- 
139 
111 
' 7 
e q 
1 1 s y 
37 

8 5 
' th 

TOLL 

> 17 

I 

: 

1 14 
2 4 

+ 19 

1 

My 3 

* N 

bn 

41.9 

. 

+ 
fr 
#* 

15 
N 
alt 

fa 

i. 

9 

Ws Mu bs 
1 0 
8 1 0 

A 
, 
2:4 
N 
1 
911. 
2M 

7. 

4 

1 

18 

e 
1. 

1 4 
v4. | 

PH 
4 
; if 
* 

1 
21 

by 
+: 

. 
. 

1 

"mY 

Ti 
„ 

1 
; þ 
I 
* 12 
. "i 
. 
3: nt: 

TH 2+ 

# 

1 1 

4 15 

1 

. 15 

«0% 4 

N 1 
Ty 
FT! 

1 

b $40 
-©* x 
"$6.40 
Fai 
Ic 
bh . 

. 

3 His 

4 4 1+ 

Ny * 

1 
1 $1 
4 
+ 
= * 4 = 
|| ä 1 
* 
EE 
„ 

F : 

* 
4 
N 
2 t 5 

99 5 

A} 77 

£7, 

.. 

fe 
+ 
WY 

„ 

1299 
0 

1 

Pa 


3 — 
. 
= de _ — 


— — 1 n 
8 r 


0 = 

CT - 

— 5 - 
— — 


L . 5 _— 
& wots. EASE a: 2 Vo 
22 OI. nuts.” Bebe _— +> 
> 8 5 TOE: 5 
= 3 — ob. $1 oy ; 
2 nd TO EEO 
22 — hw = 


ts 


— — £ 3 
5 


ES 
n 


= 
— — — by 
— — — < ls ay Ss Rn a — 2 — _ . — = — - 9 — ——— — 
—— Wy - _ Sh Y —— — — — — — — — — p Oo - —— = —— * 2 — — page — — 
a 2 — — - = — — — 3 — nt on 7g SS — — 8 2 =: = _— 7 — ————— — 2 7 — — 5 m 
tr rer wy oo our nn 1 — — 2 YR — 4 — — — — — — = = 1 — — — — — — — — — = 2 —— = - 7 
Ts 8 . — — —— * A 2 — — - — 2 : 8 SER —.— 5 — — 8 — 
Err ns omen — : — ——— = 3, — I" : - ——— —— — = — — EY — — — = 
2 £ ER ty © me gd . — 7. _— Fo 4 4 — — > — = — 8 — * 5 —— — 
— a FIXES —Y "gm thes — <ntgy — — — pet, 5 pn PREY ce — S - p 
OE 2 of * 29 — — - Fer : 
a 2 3 — 0 = 4 
* 


— 2 = 

a5 N A * R 

- IE on i, — E 5 — a "7 

> ... —— 

— r 4 * r > FX 
—— 2 — — 2 1 r 7 < 2 2 

r 
— 


N U 

1/4 = 

4.24 
. N 


164 Prom the Acceſſion of Janies I. to the Chap. 3. 

14. On the 16th of May, 1626, on a complaint made, that 
one Colley, ſervant to a Member, had been arreſted the day 
before, and taken in. execution and detained ; it is ordered 
that he have Privilege, and that a-Warrant for a Habeas Cor- 


pus be iſſued to. bring him up: On the 23d, he is brought! in 
obedience to this Writ, and diſcharged. 


Notwithſtanding che reſolution 1 the Houſe came to 
in the Caſe of Sir Thomas Badger's ſervant; that they have 
power, when they ſee cauſe, to ſend the Serjeant immediately 


to deliver a. priſoner ;* yet, ſince the end of Queen Eliza- 


beth's reign, we have not actually met with any inſtance, 
where a perſon entitled to Privilege, if in cuſtody in execu- 
tion, hath been delivered by any, other mode, than by virtue 


of a Writ of Privilege, or by a. Writ of Habeas Corpus, 


iſſued in obedience to a Warrant under the Speaker's hand; 
and indeed it ſhould ſeem neceſſary, that there muſt be ſome 


formal proceſs at law, to give the Act of the firſt of James I. 
Chap. 13. its full operation. —As the Houſe of. Commons 


had determined, that this Writ of Privilege could be iſſued 
« only by virtue of a Warrant under the Speaker's. hand, and 
that by order from the Houſe; Members and their ſervants 
were ſtill liable to be arreſted during an adjournment or pro- 
rogation, and were without remedy, except from the appre- 


henſions which the party offending might be under of in- 


curring thoſe cenſures in the approaching Seſſion, which, by Sir 
Edward Coke's advice, were threatened in the reſolution of the 
Houſe in 1621. This however not being ſufficient, it appears 
from the Journals of both Houſes, that a further remedy was in 
agitation, viz. * a Bill for the releaſement of ſuch privileged per- 
* ſons as ſhould be urrefped after the Parliament ended, but 


« during 


Chap. 3. End of the Parliament of 1628. 165 


« during the Privilege thereof . — On the 27th of May, 1628, 
a Bill was brought from the Lords, for explaining and enlarg- 


ing the Act of James I. touching delivering perſons taken in 
© execution ; and in the next Seſſion, on the 37ſt of Janu- 


ary, 1628, the Lords ſent down the ſame Bill again. Whether 
the purport of either of theſe Bills was to carry this remedy 
into effect, I don't know; as it appears that the Commons took 


ſo little notice of them, as never to give exther of them even 
a firſt reading. 


+ 44 The next general head is, the ſummoning of Members, 
or their ſervants, to attend inferior Courts as witneſſes, jury- 


men, &c.—We have ſeen that this Privilege, of being exempted 
from the obligation of attending in an inferior Court, had been. 
claimed and. exerciſed even earlier than the Reign of Queen 


Elizabeth : From what happened in the year 1584, in the two 


Caſes of (40.) and (41.) + the Commons found themſelves 
obliged to take the puniſhment of this breach of their Privi- 


leges into their own hands, whereas, till that time, the mode 


of redreſs had been different. 


1. On the 8th of May, 1604, a Subpœna out of Chancery 
being ſerved on the perſon of Sir Oliver St. John; the per- 
ſon, at whoſe ſuit it was ſerved, was ſent for by the Serjeant 


to anſwer the contempt.. 


. On the 10th of May, 1604, ſeveral Subpœnas for dif- 
ferent purpoſes having been ſerved upon Members ; the Writs 


are read, and Warrants ordered for attaching the bodies of 


* See the Parliamentary Hiſtory, Vol. VIII. p. 105. 


e 


+ See before Page 96 and 97. 
--the- 


— 


TP 4 Io. Ae. Garten $. "_ 6 
— — - -_ l 
b r ˙—. oo. - TT — — 
ES. . 8 
— — —_ AJ - 2 = 
— — — - 
— —_— c<_ 


— IR 


* " " - 2 IE * F — 
1 . 
I —— 


a 
- 
- Gm — 2 
7 — 


+ j 


SK BS AAA BEIT eb. 


=. - 
1 £40 SO” e 3 2 = SS —— 
* * * . 7 2 r 2 4 - * 7 * — 
. 8 — 8 1 3 . - > SE 8 — 
. ? r 5 - 5 — 2 24 mn. ' os, 3 
> . N „ e 22 * A — Y / m . d „ * 822 n n 
ES 2 25 5 Taft STEER ar th. mY _ . ks ot I I 4 4 " 2 * —— ＋ OY —— Tu - 
{ 22 N Ia 3 n 4 _ 22 her * Hoe Bo Wu ot is r 4 * - + i ws L . 5 5 5 "Rs. . 
* * nn _—— 8 a 9 þ, » * THE 8 me OT) = — r 3 % Bi the 4 SE 8 
<<p< TT 396 ak - / — . — * * 22 — bo 5 64 v4 £4 7 
2 2 22 — Y N — + S > --& - Wy 
” 7 ” 9 - ww - FER ae Ix N = ** 1 7 
x - 7 1 _ 7. An. Pi * J << So 
4 — L > S» ret I” - 1 — - 
a. 3-6 — — k * 
mo. Ts 


r - 
"_— — N oy 
ge em > » — — 
— 


8 n Ve 0 To 2 F 
— — n we ng po m_— 

2 r =. 2. 
* * - 


a» 
. 


— o 


— <A — 


— — — 


166 From the Acceſſion. of James I. to the Chap. 3. 


the delinquents by the Serjeant, and a: . to the Bar 
to anſwer their contempts “. 


7.1.8 


3. On the 14th of May, 1604, Sir Edward Montagu in- 


forms the Houſe, that he was warned to appear upon a trial 
at Guildhall to-morrow ; and prays to know whether he ſhould 


have Privilege: It is ordered, that he ſhall have Privilege, and 
in the order it is expreſſed, © becauſe his ſaid appearance muſt 
* neceſſarily withdraw his preſence and attendance upon the ſer- 


vice of this Houle ; and therefore it is thought fit, and ſo or- 


« dered, that he be excuſed in that behalf, according to ancient 


« cuſtom of Privilege.” It is obſervable that, though Sir Edward 


Montagu is ſtated as defendant in this cauſe, there is no com- 


plaint made of the ſuit being carried on againſt him in time 


of Privilege, but only that he was warned to appear. 


4. On the 13th of February, 1605, Mr. Stepney complains, 

that ſeven days before this Seſſion, he was ſummoned upon a 
| Subpcena in the Star-Chamber : On the 14th, this matter is 
examined into, and referred to the Committee of Privileges ; 
on the 15th, it is ordered, that Mr. Stepney ſhall have Pri- 
« vilege, and that Warren, who ſerved the proceſs, be commit- 
2 ted to the Serjeant for three days. 


OE On the 12th of May, 1606, Subpcena ad Rejungendum is 
ſerved on Sir Richard Bulkley : The party at whoſe ſuit, and 
the party who ſerved it, are ordered to be ſent for; on the 19th 


and 2oth, Owen ap Rice who ſerved it, and his maſter, Mr. 


| Lloyd, who delivered the proceſs into his hands, are com- 
mitted to the Serjeant. 


 * See the 1 5th of May, 1604, FE 11th of February, * | 
6. On 


* 
3 
BY 
IE 
Feng 
3 
= 5 * 
2 
Eg 
* 9 
IF 5 
8 
T4 
15 
5 ö 
wh 
Ng 
Ny 
N 
> 
489 
5 
3 
A 
4] 
Ne 
x 
WAI 


ws OR ID b ** n 8 % 
e 8 22 
1 3 Se Hh + 


Chap. 3. Eud of the Parliament of 1628. 167 
6. On the 31ſt of March, 1607, is an entry of a letter 
written by the Speaker, Sir: Edward Phelips, during an ad- 
journment, for excuſing Sir Edmund Ludlow and his ſon from 
attending at the execution of a commiſſion, awarded out of 
Chancery, for the examination of witneſſes.— And this is ſaid 
to be warranted * by former general Order,” 


7. On thi th of 1 1607, is a complaint of a "=" 


pœna, to anſwer to a proſecution in the Exchequer, on the 
part of the Crown, ſerved on Sir Richard Pawlett : 'The Writ 
is read, and then the Serjeant is ordered, by his Mace, to 
attach the parties delinquent, and to bring them to the Bar 


to receive the judgment of the Houſe ; and on the next day, 


the Speaker writes a letter to the Lord Chief Baron, to in- 
form him, that ſuch a Subpœna, ad comparendum, has been 
© ſerved upon Sir Richard Pawlett, contrary to ancient and 
© known Privilege; becauſe the perſonal attendance of the 
« ſaid Sir Richard is here neceſſarily required, during the time 
© of Parliament: I therefore thought good, as well to make 
known the privilege and pleaſure of the Houſe, as to pray 
« your Lordſhip, that no farther proceſs iſſue againſt him, 
until he may have time and leiſure to follow his own cauſe.” 


8. On the sth, 7th, and 8th of May, 1607, Subpœnas are 
ſerved, and the . are committed to tht een and to 
pay fees. 


9. On the 6th of May, 1607, two Members inform the 
Houſe, that they were returned by the Sheriff | Jurors in the 
Court of King's Bench: It was ordered, that, by the Privi- 
lege of the Houle, they ſhould be poems from their attend- 


© ances; 


= 2 as 
— — * FI as 
b * 4 ob... a. > : =? Sa — = 
D. oy + ht 3 Lo = 4/4 Sree — a Ap ar 2 — 2 "a I —_— = - - 
—— db yy * - — _—_—_ _ > -_ 8 irs rw +. f 8 24 —_- 2 Xe > 
2 - oooh N r p LS e „ — \ e — cs = — — 2 — 1 * - 
1 15 — n =o > N r 8 > 5 0 8 . 15 — — 1 — — — — — — — — — "4. 2 22 
EE Pit +”, TN. do $1 © . * 2 > — — >, S - 5 22 6 Ny — % <4: —— x I. 4 3 — 2 - 
— _—_— PARITITEL IS 1. « a 4 = r * 1 — * Is ih 72 8 e . Rr — — — 
: £ , i» * Me = — & : ; = 2 — 
- "NE rere 2 
re , 


ä — — Eä— — < 
— r — 


„ 7 ” PR IT. 
** 5 e * 
— mm e — Cs * 
r 
SIRI — ww - ay 
> R_ a. 


* T * 2 
— d — - -.4 2 PRIN 
a 3 —— — . — — 


168 From the Acceſſion of James I. to rhe Chap. 3. 
ance; and Mr. Serjeant is commanded to go with his Mace, 
and deliver the pleaſure of the Houſe to the Secondary 


of the King's Bench, the Court then fitting.” 


20. On the 8th of May, 1607, a Subpœna ad comparen- 


dum was ſerved out of the Star-Chamber upon Sir Edmund 
Ludlow: The Writ was read, and it appeared to be at the ſuit 
of Mr. Attorney General, which made the queſtion diſputa- 
ble; it is therefore referred to the Committee of Privileges, 


to conſider whether he ſhall have Privilege or. no.—1 do not 
find that they _ any report, 


11. On the 5 of F ebruary, 1609, Complaint of a Sub- 
pœna out of Chancery ſerved on Sir William Bowyer: On 
the 27th, the perſon who ſerved the Subpcena, is brought to 


the Bar, and becauſe he did it * 18 3 Paying 


his fees. 


12. On the 21ſt of March, 1609, a Writ is ſerved on Mr. 
Pelham, ad audiendum judicium: This is referred to the Com- 
mittee of Privileges, to conſider, as appears from the 5th of 
May, 1610, whether a Plaintiff may have Privilege, on a Sub- 
« pena ad audiendum judicium being ſerved upon him. 


Oo 13. On the 14th of May, 1621, Sir H. North produces a 
| 306 0 : Sir Edward Coke cites a precedent of the tenth 
year of Edward III. where the Clerk of this Houſe had a 
© Subpcena ſerved upon him; and had Privilege, and the party 


£ was committed for breaking the Privilege of the Houſe.'—It is 
not ſaid where Sir Edward Coke found this precedent ; but the 


note which is written in the original Journal, that there was 


© no 


Chap. 3. End of the Parliament of 1628. 169 


© no Parliament that year, is a miſtake, as appears from the 
commiſſion, which is in the fourth volume of Rymer's Fœdera, 
p- 701, dated at Newcaſtle the 2oth of June, in the tenth year 
of his reign -x. | 


14. On the 29th of November, 1621, Subpœna ſerved on Mr. 
Bruerton : Napper, who ſerved it, is ordered to be ſent for by 
the Serjeant ; on the zoth, a Warrant for this purpoſe is given 
to the Serjeant, and alſo againſt one Minott, who had hkewiſe 


ſerved a citation on Mr. Bruerton. On the 3d of December, 


Napper, after debate, is committed to the Serjeant for three 


days, and then to be diſmiſſed, paying his coſts to Mr. Bruer- 


ton, and his due fees to the Clerk and Serjeant. 


15. On the 28th of April, 1628, Sir Simeon Stuart is ſerved 
with a proceſs, at the ſuit of the Attorney General, ad audi- 


endum judicium: He deſires time to prepare for the hearing, 


being bound in a recognizance of five hundred pounds not 
to claim his Privilege; but it is ordered, that, notwithſtand- 
ing his recognizance, he ought to have the. Privilege of . Par- 
hament if he deſire it. On the 3oth, the perſon ſerving the 
Subpœna was ſent for to anſwer the contempt : It was re- 
ferred to the Committee of Privileges, to conſider what was 


fit to be done about the recognizance ; and Sir Simeon Stuart 


was enjoined by. the Houſe, to attend the ſervice of the Houle, 
and not to attend the hearing of his cauſe in the Star-Cham- 
ber. On the 1oth of May, a petition from the inhabitants 
of the Ifle of Ely is preſented, complaining, as appears from 
Prynn's fourth Regiſter, p. 842, of this delay of trial, and 


deſiring that he might be ordered to wave his Privilege: This 


* See this commiſſion, intitled, © Aſſignatio perſonarum loco Regis ad inchoandum 
«© concilium ſuum.“ 


2 petition 


„ 


e 
1 1 


W 


170 From the Acceſſion of James I. to the Chap. 3. 


petition is referred to a ſelect Committee to examine, but 


there is no report upon it. Prynn has made ſome very judi- | 


cious obſervations. upon this Caſe, and particularly upon ſome 
doctrines laid down, in the debate upon it, by Sir Edward 
Coke *. | 


16. On the 15th of May, 1628, Sir William Alford, re- 
turned of a jury this day in the Common Pleas, is to have 


Privilege of Parliament not to ſerve; and a letter is ordered 
to be written by Mr. Speaker to the Judges, that he be not 


amerced for his not appearance. 


17. On the 29th of January, 1628, A motion is made, that a 
Member have leave to anſwer a petition preferred againſt him 
in the Houſe of Lords ; but it is refuſed, and the Member is 


ordered not to anſwer, upon pain of the diſpleaſure of the 
Houſe, and expulſion ; and the perſon, who preferred the pe- 


tition, is ſent for to anſwer his contempt. 


18. On the roth of February, 1628, It is ordered that a ſer- 
vant to Sir William Brereton, a Member of the Houſe, ſhall 
have Privilege of Parliament, and the perſon, who ſerved him 


with a Subpcena to anſwer in the Star- Chamber, to be ſent for. 


19. On the roth of February, 1628, Mr. Rolle informs 


the Houſe, that he had the day before a Subpœna from the 
Attorney General ſerved upon him, to appear in the Star- 
Chamber; but that he had in the evening received a letter 


from the Attorney General, excuſing this by the miſtake of 


his meſſenger, and promiſing to withdraw the information. 


Fourth Regiſter, p. 843. | 
The 


eee eee . 4 ” 3% o N 
b EILEEN. e, N We. WY + or ECL ACTIN EIT PT COIN x F » 
EPR A n e / or a Y ; 


vp; 

. 

phe, ; 
Phe”! 

# 
+ 


2 — rer 9 ack pe DER: N $5 £m Ae 
V 


Chap. 3. End of the Parliament of 1628. 171 


The Houſe, without permitting the letter to be read, imme- 
diately reſolve, © that Mr. Rolle ſhall have Privilege, and that 


the perſon who ſerved the Subpcena, ſhall be ſent for to 
6 anſwer his contempt. 


Theſe are the principal Caſes, which occur during this pe- 
riod, of complaints of Subpœnas, and other proceſſes being 
ſerved upon Members, by which they might be withdrawn 
from attending their duty in the Houſe. Whoever will con- 
ſult the Journals of the Houſe of Commons will find ſeveral 
other inſtances of a ſimilar kind, which I have purpoſely 
omitted, as they are little more than a repetition of ſome of 


thoſe I have inſerted : Even many of theſe might perhaps 


have been more properly introduced under the next general 
head, as they are, in ſubſtance, rather complaints of being 
compelled to plead, than of being obliged to make a perſonal 
appearance * ; there are, however, among theſe, ſufficient in- 
ſtances to ſhew, that at this time the Houſe of Commons had 
eſtabliſhed it to be one of their undoubted Privileges, that 
the Members ſhould be at perfect liberty to attend the ſer- 
vice of the Houſe, and that no call of an inferior nature, or 


obedience to the ſummons of an inferior Court, ſhould be 


permitted to interfere with this, their firſt, their e 
and moſt important duty. 


9 The next general head, is that of proſecuting of ſuits 
at law againſt Members, or their ſervants.— I have obſerved 


It has been properly ſuggeſted to me, as in the caſe of jurors and witneſſes ; or 
that there is ſome confuſion between theſe whether it is only @ notice of trial; eſpeci- 
heads: It is not always poſſible, from the ally in the proceedings of the Star-Cham- 
ſhortneſs of the entry, to diſtinguiſh, whe- ber, where, even in civil caſes, the Court 
{her the ſummons is to attend perſonally, exerciſed a ſort of criminal juriſdiction. 


Z 2 before, 


172 From the Acceſſion of James I. to the Chap. 3. 


before, that except in the inſtance of the 21ſt of February, 
1588, (N' 45.) I have not hitherto met with any complaint in 
the Journals of a breach of this Privilege: But from the com- 
mencement of the Reign of James I. they became very frequent, 
upon this principle, That, during the attendance of Mem- 
* bers in Parliament, it was impoſſible for them to go down 
to the Aſſizes, or to the other Courts of Law, to defend 
thoſe ſuits; beſides, that it was inconvenient that their at- 
« tention, from the more weighty buſineſs of the public for 
which they were ſummoned, ſhould be diſtracted by avoca- 
tions of a private and lefs important nature.'—As the law 
had provided no remedy for this inconvenience but a Writ 
of Superſedeas, the- Houſe of Commons in many inſtances 
order a letter to be iſſued under the Speaker's hand. for 
ſtay of trial ; what reception theſe letters met with, and the 
progreſs of this claim of 2 will be ken from the fol- 
en Caſes. 


N 


* 


K 


1. On the 19th of March, 1605, Mr. Speaker moveth the 
Houſe, that Sir Thomas Strickland, having a cauſe at trial at 
Vork Aſſizes, may be privileged in ſtay of the ſaid trial: 
This is aſſented to by the Houſe, and a letter is ordered to be 
written by Mr. Speaker to Mr. Baron Savill.. 


| 2. On the 2d of February, 1606, in a cauſe depending in 

the Court of Wards and Liveries, in which a ſervant of. the 
Speaker's was intereſted as Aſſignee of the Ward, the Speaker 
writes a letter, and this during an adjournment, to the Sur- 
veyor of the Court ; that his ſervant, being his Clerk, and 
a neceſſary and daily attendant, ſhould be excuſed from 


© being compelled from being joined in commiſſion with the 
wal Plaintiff, 


Chap. 3. End of the Parliament of 1628. 173 


© Plaintiff, his Privilege being now as warrantable as in the 
time of ſitting *. 


3. On the 26th, 27th, and 28th of February, 1606, are ſe- 
veral letters from the Speaker to the Juſtices of Aſſize, for the 
ſtay of trials in which Members were intereſted, *< as in other 
the like Caſes hath been uſual :'—And, as the Speaker ex- 
preſſes it, fearing leſt the cauſe might receive ſome prejudice 
© by the abſence of the Member, or withdraw his attendance 
from this great ſervice, which is the principal care of his 
* Majeſty and the Houſe to prevent; a general authority 
is therefore, on the 27th, given to the Speaker to write theſe 
letters, for ſtay of proceeding againſt any Mender that would 
require it. 


4. On the 13th of May, 1607, the Houſe was informed, 
that a Member of the Houſe ſtood outlawed at the ſuit of 


one Palmer; and that Allen, the Attorney in the ſuit, did 


threaten to proceed to trial : The Plaintiff and Attorney are 
both ordered to be brought to the Bar by the Serjeant. 


5. On the 1 3th of May, 1607, upon information of an 


attachment being ſerved upon the perſon of a Member, the 
Speaker writes to the Plaintiff's Attorney, directing him to 
foreſee, * that no farther proceſs iſſue againſt the Member: 
And, on the 6th of June, the perſon who ſerved the Writ, 
and the Plaintiff, are ſent for by the Serjeant, cas is uſual ; in 
8 ſuch Caſes.” 


6. On the 20th of May, 1607, the Speaker writes a letter, 
during an adjournment, to the Lord Preſident and Council 


* It appears from the Sd that the Hoſes had adjourned from the 18th of. De- 
ember, to the 10th of F ebruary. 


at 


n E 5 22 
: 5 2 2 
A 3 7 © I 
* * "4 2 
= * —— — 
„ — 


* 1 
1 
„ 
117604 
1 hs 
«a \ 
4 uy 
1 
* 1 
N 1 
. H 
4 £ 
1 1 4 197 
1 
14 4 
ine 
1 * 6 
N Net ! 
- þ "mY 
p 4 
Wy 32 
i 1 8 
1740 
ia N 
J 1 1 
"WY 
if i ; bi 
i. 
Til 
"= 0 
10 
* 10 
AP 
1 A 
$4 141 
She? 
1 1 
43 9 . 
een 
0 | 
5 0 
A&W? 
18 [il 
N 1 * 
11 
Rs 3 
14 6 L l 
11011 $814.15 
1 44 
i 7 1 
1 4 
1-120 : 
AY Ti 
A '* : f 
of" 6:48 
15 14 
* 4 
„ s 
: 
"07%; 
wy LH 
"04s! 4 if 
1 
ne 
SY * 
9 4 
Wi oy 
e 
4%. 
e 
Ls 14 
. 4 
e 
: TOUTE 
7 1 1 
1 178 -51þ 1 
TTY |» 
Wet | 
| 1460) WY 
4! f 5 
My . f L 
TRAIT! 
i , J by 
e 8% : 
ern 
iin 
. 44 
nn 
f 1-29 
* Lain 
1 
"3 AJ 
+» T3238 
Ss 19; 18 
Nun. 
a "Tal 
Kr 1 ; 
ine 
a 
of 91; 1.0 
! \ 4s 1 
F Wap | 
* 7 | 
4 1 1 IV 
L | * 5 
1 1 
WRITE FP i 
74. 
SH 
i 
80 2 1 
. 
ine 
oils a 
wt 8-4; 
WE! { 1 
fi, "3 
in 
ene 
1 4 
Fl. N 
8950 8 . | 
5: 
T: 
N. ry 
ö 4 
: j 
1 
WT 
figs 5 
l 
11770 
T; 1 
1 
1 
Wk 
ot 4 
1 
N 
"FETs 
Lug, 
FR 
. 
183; 
”* 
555 * 
1 
14 
1 
2 F 
Bos! 
U. 
Rk 
114 
- * 
1 
. 
PX 
} 4 
By. . 
# * 
4 \ 
| 
Kat 
Wi 
8 
21778 8 
1 
1 
1 it 
3 
d 
29 
* 
ey 
? 
* 
ov? 
K, 
Ne 
6 
1 
7 
9 1 
1 >. 
1 
997 
wy { 
i 1 


"© 
if 
i 
7 
1 

; 

140 

10 

5 
* 

1 

* 

8 

8 
5 

N. 

it 

5 

1 
1 
3 
ee 4 
1 
#17? 
it F 

10 

. 

1 

1 

1 

= # 
r 
3 

n 

160 

. 

Fl 

7 

IE» | 
1 
$63 | 
1... 
5.215. 5708 
ms | 

* * 
37 8 Th 
mes. i} 

3 1 

1 
"$47 „ 

14 95 
. 
4 zz 

15 
m5 
Welt! 
Ig. 

N 

* 

155 
17 40 
4. 
mis £ 
15 0 ' 
n 
14 5 
Nl 
U. 

SP 

1 

A 

7 

0 : 

' BY 
. 
A 

1 
1 

A. 

N 
, 

{4 

141 

* [1 

13 "#1 : 

i 
"FF 
"I 

. 
. * 
WINE. 
1 
74 
7 
* 
þ 7 
n 
# } : 
* : 
1 
165 
$5 145 
IN 4 
F 

* 

1 
4 
7 


174 From the Acceſſion of James I. to the Chap. 3. 


at York, for ſtay of the proceeding of a cauſe depending be- 
fore them, in which the tenants of a Member are defendants. 


7. On the roth of June, 1607, a letter is ordered to be 
written by Mr. Speaker to the Barons of the Exchequer, in 
form as hath been accuſtomed in like Caſes, for ſtay of a 
trial, in which a Member was defendant : On the 13th, the 
Plaintiff complains of the hardſhip he ſuffers by this delay, 
and prays by petition, that there may be no further ſtay of 
proceeding ; but the petition being read, and underſtood, the 
former order of the Houſe was notwithſtanding affirmed.— 
This, and the letter in the Caſe of Sir Richard Pawlett, on 
the 4th of May, 1607, are the firſt inſtances of letters written 
to any of the ſuperior Law Courts of Weſtminſter Hall, the 
former being to Juſtices of Aſſize, or to inferior Courts. It 
appears from a complaint made by Sir Robert Johnſon, on 
the 4th of July, that the Plaintiff, Sir Robert Brett, finding 
he could get no redreſs by courſe of law, had employed force, 
and had entered upon the houſe and goods in queſtion, and 
kept poſſeſſion by force and violence; but, ſays the Journal, 
No order enſued upon this and upon that day the Parlia- 
ment was prorogued. 


8. On the 16th of June, 1607, on complaint of a Writ 
iſſued in the Court of Common Pleas, for levying iſſues againſt 
a Member for default of appearance; it is ordered, © That if 
the iſſues are not diſcharged before the next night, the 
parties delinquent, that is, the Attorney, the Solicitor, and 
the Under Sheriff, ſhall be brought in by the Serjeant to an- 
ſwer their contempt.” 


do On the 26th of April, 1610, are ſeveral orders for ſtay of 
trial, and one of them in the Court of King's Bench. 
10. To 


% 


Chap. 3. End of the Parliament of 1628, I75 


10. To prevent theſe repeated and almoſt daily applications 
to the Houſe; on the 17th of February, 1620, a general 
order is made, That where any Member hath cauſe of Privi- 
© lege, to ſtay any trial, a letter ſhall iſſue under Mr. Speak- 
© er's hand, for ſtay thereof, without further motion in the 
Houſe. On the 1ſt of March, a motion is made about the 
form of theſe letters, and the Committee of Privileges are 
directed to view precedents, and to conſider of the courſe and 
manner of writing and entering them: On the zd of March, 
Sir George Moore reports from the Committee, that they 
have found ſeveral precedents, in the King's time, of theſe 
letters, and that they are recorded in the Journal Bock : This 
courſe of writing letters to the Juſtices of Aſſize is ordered to 
be continued, and, if required, a Warrant for inhibition to 
the party.—lIt ſhould ſeem by this report from the Committee 
of Privileges, that the practice of writing letters for the ſtay of 
trials took its riſe after the acceſſion of James I. | 


11. This general order related only to letters to Juſtices 
of Aſſize; for in the ſame Seſſion, on the 1ſt of June, 1621, 


a letter is ordered to be written by Mr. Speaker, to the Court 


of the Duchy, for ſtay of a ſuit concerning Sir Francis Pop- 
ham's inheritance. 


12. Although it was intended to adjourn from June to No- 
vember, inſtead of a prorogation, in order that ſome very im- 


portant Bills, Enquiries, and Proſecutions, in which the Com- 


mons were at this time engaged, might not be interrupted ; 
and though, by ſo long an adjournment, every argument, that 


had been employed for the eſtabliſhment of this Privilege of 


ftaying ſuits againſt Members, or their ſervants, was taken 
away; yet we ſee from the Journal of the 1 of June, 
| | p 1621, 


* 
L 1 
4 
* 
x 
45 
Rf 
1 
i 
* 
gi 
"8 
” 
7 
+. 
ba ls 
rs 
Fs? 
418 
10 
919 
3 4 * 
1 
7 * 
» 4 $ 
12 
3s 
hy 
Fi 
ui 
„ 
ra 
* 
* 
3 
a: 
L *. 
$i] 
1 
5 
* 
14 
"$1 
x ? 
"= 
| . 
r 
F © 
2 
ns 
* * 
5 f 
1 
* 
5 
LOS ; + 
3 8 
+; 
4 
#94 
1 
4 1 
28 
ifs 4 
<< 
1 
! 
ns 
* 
2 
1 
7 
bat 
Rs | 
#3 
a 1 
Mo; 
+ * 
— 
51 
a £ 
= 7 
x" 
- * 
1 
1 * 
L j 
© 
* 
J 
8 
„. 
* 
WM 
2 
W. 5 
of 
dud v4 
4 
- id 
3 
= 
8%" 
T N 
9 
5 
8 
3 
1 
2 
- > 
8 
= 
+ N 
* i 
$ + 
wy 
"+ 
N 
1 
. 
48; 
1 % 
2B 
R 
& 
Wo. 
SRL 
- o 
2 1 


1 

5 

4 

i 

a 

q 

„ 

4 
4 6 N 
Nr 
oe * 
$3. 
4 
1 
8 $8 4 
4 * 

1 

. 
75 
x 1 
Me \ 

y +5 4} 
1 
1 
y ; 
1 
. 

N 9 
whe 
$ 93, 91 
7 wi vi 
. { 4 
er 
7 PT. '1 41 
I 

1 
8 
4 Y 
wr 
a 
4 2 TH 
WE | 
. 
.' 
T1 
e 
1 Fi 
45 
T7235 
7 
4 
$0 
1 1 
1 
1 
717 
1 
45 
t 
; 
in 
, 
11 
5 
2: 
s 
. 14 
2 4 
4 
4 
[3 C71 
£4 
N 
x 
*. 
ff l 
1 
A 
3 
1 4 
£ OS 
1 
'Þ 
F 4 
— „ Y 

, 

, . 

1 

14 
3 
N 
4 
4 
r 9 
% v7 
® 49 
* 
1 
$i: 
#3 
1 ns 
5 N 
1 
Irn 
1 
* 
vl 
be > 
Ny 
* 
. 
18185 
8 
« 2 
6% 
7 oat 
: 
* at 1 
1 
12 
420! 
1 
. 
e 
1 * 
143 
. 
"ti 
1 * 
7% 
* 
V 
. 

5 

8 

£8 

ans 
4 
, þ 
4 
* 
vo 
4 
$59 
+4 hl 
! 
3 
572 
745 
r 
. 
. 
re 
FS -5 4 
f L 
74 
„ 
bk 41 
* 8 
2 Þ 
128 
3 
„ 
* 
1 
7 ; 
> \& 
WE 
uz 3 
= 7 
+ - 

* 

4} 

4 

£7 
4 
SS $4 
To 

8 

=, = 
# N * 


176 From the Acceſſion of James I. to the Chap. 3. 
1621, and from the printed debates of this Seſſion, that it 
was the opinion and advice of Sir Edward Coke, Mr. Noy, 
Mr. Hakewill, and others, very reſpectable Members of 
this Houſe of Commons; © that during this adjourn- 
ment, no ſuits againſt Members, or their ſervants, ſhould be 
« proceeded in, in any Court of Law; and if they were, that 
a letter ſhould iſſue under the Speaker's hand, for the par- 
« ty's relief therein, as if the Parliament was fitting, and the 
party refuſing to obey it, to be cenſured at the next ac- 
ceſs: And an order was made accordingly, and probably 
executed, though the adjournment was for above five months, 
from the 4th of June, to the 14th of November. —I confeſs 
that this appears to me to have been a very extraordinary ex- 
tenſion of this claim of Privilege. We have ſeen, that the 
claim itſelf began but ſince the commencement of this 
Reign, or, at leaſt, that the power of ſtaying ſuits, by a let- 
ter from the Speaker, .had never been exerciſed before the ac- 
ceſſion of James I. The reaſons given in theſe letters, © that 
the Member might not be withdrawn in his attendance from 
the ſervice of the Houſe,” did not apply in an adpurnment 


N — 
* - 2m» — * & 4. 5 — - N - 
\ — A 5 3 n 2 — — 1 
" HA - — ra 8 8 — — PIES N 2 3 8 q 9 * = - 8 — 5 — a . — * - = = 2 2 - . - 
PS ILY anne, IN 2X Ee f ä — —— IO DAS es I nts — — = ü ᷣ —Äo᷑ 
2 4 — * r — A r — 7 A * gf Ge - — : 
* 1 5 22 — IS. £5 * % * - ws of 7 5 - 
* 4 4 : - I-45 5 * * * 2 * * - . 8 = 
— — — — = . 42 8 ot PLES Bo te 1 * 2 —— n ae „„ͤ; 0 od, Porn Sn bat < 8 53 n . 4 " - > _ N 
2 r 3 — ann ny ? fa — * wy F —_ * * n 2 » c 
* p ” ** — * * — - * — — * * A — 2 * * — — — — — — — — — — He IR — 4 „ 1 * —— 


_ — * 
— 
mas p . 


ber of the Houſe of Commons was at this time thought to be 
entitled“ .— As it was intended that this adjournment of the Par- 


q of five months, and muſt have been productive of great in- 
Þ conveniencies to the ſuitors of the-ſeveral Courts. The order 
1.4 : . | . 

ih which was made upon this occaſion, and which appears to have 
1 | been dictated by Sir Edward Coke, is worth remarking, from 
4 its comprehending every ſort of Privilege, to which a Mem- 


Though this order is inſerted before, breaking any other Privilege of this 
J have repeated it here; That, if any *©« Houſe, a letter ſhall iſſue under Mr. 
© arreſt, or any diſtreſs of goods, ſerving * Speaker's hand for the party's relief 
© any proceſs, ſummoning his land, cita- therein, as if the Parliament was ſitting, 
tion or ſummoning his perſon, arreſting and the party refuſing to obey it to be 
© his perſon, ſuing him in any Court, or * cenſured at the next acceſs.” 


oo 


A 


lament 


U 
e 
* 
* 
72 
— 5 
5 
de 5 
* 
* 
. 
Fes 
"5 
Pe 
22 
5 
. 
wt 
> 
* 
{Fe 
* ky 
Js 
r 
. 
£58 
os 
IMF 
5% 
7 
ry oP 
18 
5 
8 1 
* 
5% "> 
= 
"2 1 
3 F 
3; 
5 
„ 
* 
2 v 
8 
. 
. 
2 
ab 
38 
8 
ty 
Ke 4 
25 
+" 4 — 
bo 
oz 
E. 
. 
„* 
3 
—＋ 
15 
27 * 
r 
. 
* 
. 
8 
2 
$5. 
* 
: ; 
Bc” 
9 
. 
2 
2 
* 
bu 


% 
NA 
33 
4 
A 
ED 
ey 
*** 

as - 
2— 8 
8 

[4 

25 

* 

995 

2 

ke” 
<2 

2 

x 

. 
vp 

EF 
SS 

* 

eg 

| * 

25 

Wt” 

OY 

£f 

. * 

1 
I 
Fa 
7 
HP 
5 
BY. 
N 
— x 
5.1 
* 
: 5 
. 
Ix 
"ov 
Wy 
3 
-Y 
IT 
> 
. 
* 


be 
£2D8 
2 
4 . 
. 
"a * 
Ch 
*S 
: 
: 


Chap. 3. End of the Parliament of 1628. 177 
Hament ſhould be by the King's commiſſion, doubts aroſe, 
whether this circumſtance made any alteration in the ſtate of 


Committees and other buſineſs, from what the uſual adjourn- 
ment of the Houle by itſelf would have done. The King had 


propoſed to the Lords to take the opinion of the Judges upon 


this point, and ſeveral meſſages and conferences had paſled 
between the two Houſes upon this ſubject : in one of theſe 


debates, Mr. Alford ſays, © Heretofore the Judges have been 
very wary, and would not meddle to deliver their opinion 


of what belongeth to the juriſdiction of a Parliament; I 
would have them warned of it, for it were dangerous for the 
ſtate and liberty of the ſubject, if the Parliament ſhould 
« ſtand on the opinion of the Judges; it is uſual that the Par- 


© liament hath judged the actions of the Judges, but never, 


that the Judges have meddled with the ſtate or buſineſs of 
a Parliament: I deſire therefore, that they may have a 


Warning, how they cenſure, or deliver their opinion of 


the Privileges of Parliament.“ When the commiſſion is 
brought down from the Lords, by the Chief Baron and ſeve- 
ral of the Judges, the Commons decline to have it read ; but 


at the ſame time, taking notice of the commiſſion, and of 


his Majeſty's pleaſure, ſignified to them by the Judges, that 


all Committees, and other Parliamentary buſineſs, ſhould 
« reſt in the ſame ſtate, till the next meeting; the Houſe 


reſolves to adjourn itſelf accordingly ; z and then, Sir Edward 
Coke ſtanding up *, with tears in his eyes, recited the Collect 
for the King and hls children, and deſired the Houſe to ſay 
after him; adding only to it,“ and defend them from their 


e cruel enemies: And then the Speaker adjourned the Houſe, 


ſaying, This Houſe doth adjourn itſelf till the 14th of No- 


« vember next +." 


* This venerable old patriot was at this 1621, and the ſecond volume of the printed 


time upwards of ſeventy years of age. debates of this Parliament. 
+ See the Journal of the 4th of June, 


Aa 13. 4 


1 1 


178 Prom the Acceſſion of Fames I. to the Chap. 3. 

13. I do not find any general order made at the beginning 
of the Parliament of 1623; but on the 27th of February, 
in the ſecond * Journal of this Seſſion, (which 1s, in many in- 
ſtances, more compleat than the firſt,) a motion is made to 
ſtay a trial, in the behalf of Sir John Eliot, and a Warrant 
is ordered to go out. Indeed there are few Caſes upon this 
head in the courſe of this Seſſion: The Houſe of Commons 
were engaged in buſineſs of too great importance, to attend 
to matters of an inferior nature ; they were pulling down 
thoſe enormous grievances to the ſubject, patents and mono- 
polies ; and were employed in attacking the exorbitant increaſe 
of power in the King and his favourites, by the impeachment 
of Lord Middleſex, Lord High Treaſurer ; a work, as ap- 
pears from the ſixth volume of the Parliamentary hiſtory, of 
conſiderable length and difficulty. 


14. On the 5th of July, 1625, Mr. Speaker is ordered to 
write a letter for ſtay of a ſuit in the Star-Chamber ; and the 
contempt is referred to the Committee of Privileges. —Sir 
Edward Coke ſays, that in the ſeventeenth year of Edward 
IV. informations by the Attorney General, in the King's 
* own name, were ſtayed by order here.“ The only Caſe 
that happened, in that Parliament, to which Sir Edward 
Coke could allude, is Atwyll's Caſe, (Ne 17.) where the pro- 
ceedings were not ſtayed by an order of the Houſe of Com- 
mons, but reverſed by Act of Parliament. 


15. On the 17th of February, 1625, Sir Robert Howard, 
during Privilege of Parliament, was excommunicated for not 
taking the oath ex officio: This matter is referred to the exa- 
mination of a ſelect Committee, and on the 21ſt of March, 


Mr. Selden reports the proceedings of the High Commiſſion 


* There are two ſeparate Journals preſerved of this Seſſion; which are both in the firſt 
volume of the printed Journals. 


court, 


Chap. 3. End of the Parliament of 1628. 179 


Court, from whence the proceſs iſſued; the only doubt was 
whether, on account of the adjournment, this proceſs had 
iſſued in the time of Privilege: It is reſolved, nem. con. that 
© he ought to have had Privilege *; and on the roth of June, 
Sir George Moore informs the Houſe, that he was preſent 
at an High Commiſſion Court, where ſeven Biſhops were 
« preſent, and knoweth, that all the proceedings againſt Sir Ro- 
bert Howard, from the 1ſt of February, in the twenty-ſecond 
year of Jac. I. were fruſtrated and made void; and Sir Harry 
Martin affirmed, that the order of the Houſe was there 
© read and allowed, and all ordered to be there done accord- 
ingly.— In the debate upon this queſtion, Mr. Selden ſays, 


A 


X 


< It is clear that breach of Privilege in one Parliament, may 


„ 


be puniſhed in another ſucceeding.” — The Caſe of Bogo 
de Clare, (N' 2.) and the Writs of Superſedeas, (N' z.) are 
cited by Mr. Noy, in his argument for the Privilege of Sir 
Robert Howard. Mr. Selden mentions the Caſe of the Coun- 
teſs of Warren, which I have referred to before +, with Mr. 
Prynn's very judicious obſervations upon it. 

16. On the 25th of February, 1625, Sir Harry Martin 
hath privilege in a ſuit between him and the Biſhop of Ox- 
ford: A letter is ordered to iſſue under the Speaker's hand, to 
the Lord Keeper, to ſtay the hearing and proceeding ; and a 


ſelect Committee is appointed to conſider of the contempt, and 
what courſe 1s to be taken. 


17.-In the fourth Regiſter, p. 810, Prynn reports the Caſe 
of Hodges and Moore, in the firſt year of Charles I. as follows : 
Moore, having the Privilege of Parliament, procures the 
ee the further proceedings in this Caſe, in the Journal of the 29th of April, and 
2d of May. = 

+ See the Note, p. 6, 
A a 2 Speaker, 


EE — 82 2 — a4 m—_— 27 o 
SR AE. 
22 2 * — — . 
. © Ot Se ES, = hn 8 7 
— — — — — > - l \ 
4, — 3 — = - —— = 
— — —ͤ— — — — - l 
- 
— —„— bs — — 9 —=— 
* cr 


n 
- — * 
— — — 
— —— 
I 


180 From the Acceſſion of James I. to the Chap, 3. 


Speaker, Sir H. Finch, to write his letter, in the name of the 
Parliament, to the Court of King's Bench, to ſtay judgment: 
The Court was greatly offended at this, and would have re- 
turned a ſharp anſwer to the Parliament, if it had not been 
diſſolved, becauſe it is againſt the oaths of the Judges to ſtay 
judgment, nec per Grand Seal, nec per Petit Seal per le ſta- 
tute; but the way in ſuch caſe 1s to procure a Superſedeas, 
* which is a ſpecial Writ appointed in theſe caſes ; and this is 
© to be allowed, being the legal courſe : But the letter is not to 
be regarded. And in another report of this caſe,. the effect 
of this letter was diſallowed by the whole Court, and the 


Court ſaid, the defendant ought to have brought a Writ of 


Privilege; and when Thorpe, who was Speaker, had a Su- 

« perſedeas for all actions, this was bad; for he ought to have 
hadi a particular Superſedeas for each action: And the Par- 
< hament hath privilege for the perſon, but not for the pro- 
« ceedings by any letter.” Lord Chief Juſtice. Crewe (who had 


been himſelf Speaker) ſaid, Que il voet eſtoyer ſur le Juſ- 


« tice del Court: Et fi, come ils eſtoyent ſur lour Priviledges, 
« iſſint nous voylomus, en aſcun Caſes poent ils reſtreyn le 
« Counſel del party, ou le party luy meſmes, mes nemy le 


« Court, que n'eſt lye de prender notice ſans ſpecial breve, 


« mes les partyes queux proſecute font en danger.” This 
Caſe is reported in Latch *, and in Noy there is a very ſhort 
note of it T. It appears upon the Journals of the 2oth of 


May, 1626; and it is referred to: the ſelect Committee, to 
whom Sir Robert Howard's Caſe had been referred. This 


Committee make no report, and the Parliament is diſſolved 
upon the 15th of June. If the Judges had continued of the 
ſame mind, which the reporter, Latch, ſays they were, to 


Page 15, 48, and 150. | + Page 83. 


66 have : 


Chap. 3. End of the Parliament of 1628, 181 


« have written a ſharp anſwer to the Parliament ;” it is proba- 
ble that that Houſe of Commons, which had compelled the High 


Commiſſion Court to vacate and annihilate” all their pro- 


ceedings againſt Sir Robert Howard, when in breach of their 


Privilege, (proceedings ſubſcribed by the Lord Archbiſhop of 
Canterbury, Lord Keeper, Lord Preſident, Lord Lincoln, and 


ſeveral others,) would not have quietly acquieſced in this diſ- 
obedience of the Court of King's Bench to an order, which, 
from the beginning of the century, had been ſent to all the 


Courts of Weſtminſter Hall, and, as far as appears, had been 


always attended. to. 


18. The Caſe of Sir Thomas Hubbeck, cited in the fourth 


Regiſter, p. 845, can be no other than that in the Journal of 


Sir J. Hotham, of the 13th of June, 1628. This Parlia- 


ment ſat on, with a prorogation intervening, till the March 
following, and there is no complaint of the Speaker's letter 
being diſobeyed.. 


19. On the 29th of January, 1628, Mr. Speaker is ordered 
to write a letter to the Court of Chancery, for the ſuppreſſing 
of depoſitions taken in a cauſe between Sir Henry Bagot and 


Sir Edward Littelton, by virtue * a commiſſion executed the 
firſt day of the Seſſion. 


I need not to repeat what I ſaid at the conclufion of the 


former head, that theſe are the principal, but a very ſmall part 


in number of the Caſes which are to be found in the Journals 
upon this ſubject: It 1s obſervable that, during this period, there 
is not. a ſingle inſtance of a Writ of Superſedeas being applied 
for, or iſſued by Warrant from the Speaker, though this would 


have been abſolutely neceſſary, if the Courts of Law had al- 


ways 


— 


. 2 — — 2 — 
—— — U — —— 


—— —— 
— 


— — _ 
2 2. — 


r 
—— 
D 
3 
3 
p . FP 


a nd 


— * — 
: = 2 — a — 0 22 - 2 ITE) r I LEE 2k” on DD — — = — A — —— — — = > RI — 
IDES AT CAL, /.. £27 EM — ee I — 7 2 . hen ni — r 7 ” = —— = = En CIS, — 2 — 7 => —— 1 — _ gr gee — 
Q . — ; ” — DS 7 <3 5 — ve, — \ — — — — — — — N == — — — — —— > 2 2 A — 47 IJ — — — — 
= — DEE p — n — — by * — —— 2 —.— RD — —— 2 — = 2 — po. - —IE> —— < ww — —_— — — 
— * — 8 L F = - 2 r. : r — — — — _ " 2 
* 4 AY - - . — - f * 3 8 2 L r ppp Rs * — —— * — 2 2 = 2 — = = = _ ——— 2 — 
” E — 7 9 — r — - n 4 . 2 — nes pry * — ITED 6, . S — — - 
— — — ä oC x WS on. © O — 2 r — — — . EEE NS 1 * = > > * — 
— * - WOE TE OE 7 TIE * 2 x. — AE LNCS 3 * — — 
„r 7 ag * — _ LO 
„ — IL COURT FI . 1 3 
— — —_ _ 


- 
a — . _ 1 —_—_— „ ” 3 9 — — 132M 5 = — ons ts „ — — pas os dt "hip." 3 G17 : - 3 | , by F 
* — bs 22 — 5 — — WMS; 8 DJ 1 - SL bat LEI I _— IS — 2 — 5 - — 2 ä ORF A a 
+ 4 e —˙ DE ORE 4 Sri SR _ 5 . 1 u g r ” . 0 by F —— — J — ” 4 C —_— — — —— ˙ ! 7 ny re ooo * — = — 2 — 4 
— 7 22 — — ö > apt net — — 2 2 4 — — Nane 5 2 * 4 * 3 2 . — — 1 « * - 2 O — — — — — — — — — * 8 — - pe 3 = 
—— — — — 22 a —. — 2 — — 2 4 5 4 — * 2 4 4 * q WT b - ö IG. N 8 2 * — — — — - — . 1 A > — — — jou P * = YI Ez — —— — n. 27 . r 7 2 — - 3 
- - 2 1 > 2 5 "ID 1 — — _— y* * IP" 2 * ws ie. — > > 2 2 — — So: — - 2 >> o < 8 10 r 2 e — — — — — = 2 2 — — 3 2 a Fe -— — — PE 7 5 — — : O — — 
ꝶ6v-̃ Wt re eo JERSEY « 2 pes 2 3 e DESI SIS ST eo2, - — = | EZ : . — — — > 8 . — 2 — — — . 
— * —— > i 2 : * > 283 — — — : : — — ow Tana — - nr arent : — - = — — — —ñ6 — a — TI — — . = EE 3 * * - 
8 — 2 5 — 2 ow; 2 : * 5 2 — — — — —— — 2 — — CARS - - — —— _ N — 2 4 LY — _—_ * — RS >, A ' EN \ 
” CAL 8 * ” * 2 8 ö I "S, $ Y - ; -—— hn,” —_ — 3 - — : — pn — > p = — —— x : om —— » — png 2 F Sl FS. 
—— I SIS — — 5 — - 2 — © | . = —— $ 2 — - —— — I — 2 2 TEES — = 
—. r — — O_ PX” = 2 2 - * — — — CIR — —— — Q "I Ss: — Ros 2 . 2 a — — i - if "RE" * - — . —— — — — ͥ oc —. + — = KLE 
: « — 4 — — , * ny " — 8 — + 2 — 
2 4 — a — eo — — . 4 . — — _ 
- — ye; $2 ne In I II, — — —— — . — ' — — : " E 22 
a a HP 


43 1 
5 1 
e 
1 ly 
£ Ef $5} 
ns $1 
A\ 
& +3 
4 1 
9 
4.% 
'8. 
3 11 
1 t 
Y : . 
9 4 
4 
10 i 
' B. «£ 1 
+2 +87 k 


L III ES 
— — Hm 
— I 2 


| 
| 
; 


„ wet a me; as 


ä—Bnöu—ꝛ — łwtMa2—2——̃ —— — — 


182 From the Acceſſion of James I. to the Chap. 3. 
ways held the language of Sir Randolph Crewe, in the Caſe 


of Hodges and Moore. The Houſe of Commons were ſa- 


tisfied with having introduced a more ſummary method of 
ſtaying the proceedings, by the terrors of their own authority, 


and having thereby ſhaken off all dependance upon the Courts 


of Law, for their iſſuing or obeying the Writ of Superſedeas. 


(5. ) The next general head is the taking the goods or effects 
of a Member, in execution, or otherwiſe. 


I have already ſtated at large the Caſe of the Maſter of the 
Temple, (Ne 1.) that of the Prior of Malton,(N? 5.) and Atwyll's 
Caſe, (N* 17.) in the latter of which, the claim of the Commons 


not to be attached in their goods, ſeems by the King's anſwer 


to be admitted. From this time, viz. from the year 1477, to 
the Reign of James I. I find no claim of this ſort made, nor 
any complaint in the Journals, or elſewhere, of this Privilege 
being infringed. —This is the more remarkable, as the claim 
of ſecuring their neceſſary goods and chattels ſeems to be a 


very reaſonable one, and was probably never laid aſide ; and yet 
it is difficult to ſuppoſe, that no Caſe occurred in a period of 


one hundred and thirty years, in which this Privilege could 
be brought in queſtion : I would therefore by no means be 
underſtood to aſſert, that no ſuch inſtance exiſts, but only 
that, in the opportunities I have had of conſulting the Jour- 
nals, and other Parliamentary Records, I do not find any, 
but the three Caſes I have mentioned, prior to the Reign of 
James I. b 


1. On the 24th of March, 1603, a cloak is taken from a 
Member's ſervant, and left at a Tavern in lieu of payment; 


the Vintner and his ſervant, who kept the cloak by force from 
N the 


Chap. 3. End of the Parliament of 1628, 183 


the owner, are committed to the Serjeant, and on the 5th of 
April are diſcharged. 


2. On the 26th of February, 1606, the Speaker writes a 
letter to the Sheriff of Hampſhire, on his having cauſed a ſei- 
zure to be made of the goods of Sir William Kingſwell, a 
Member ; theſe goods, being ſeized in the country, could not 
be brought within the words of the claim, in Atwyll's Caſe, 


of goods and chattels neceſſary to be had with him ;* and 


therefore the Speaker in this letter lays down the rule more at 
large, That the Privilege of Parliament, during the time of 
« ſervice there, (haply not ſo well known to yourſelf) reacheth 


N 


* 


for the time; I am therefore to adviſe and require you, that 
« you forthwith procure the reſtitution of the ſaid goods, ac- 
cording to the ſaid Privilege, leſt that queſtion and danger 


grow upon it, which I would be loth you ſhould undergo.” 
By the expreſſion, haply not ſo well known to yourſelf,” it 


ſhould ſeem, that this claim had not been frequently made, 
or to this extent, or it 1s difficult to imagine that the Sheriff 
of a neighbouring County, making a diſtreſs or taking goods 
in execution, would have been ignorant of it; it is probable 


the Sheriff, Sir William Oglander, took the Speaker's advice, 
as the Seſſion continued till July, and we hear no more of 
this matter. 


3. On the 12th of March, 1606, a Member's horſe being 
taken away for the uſe of the poſt ; the poſt-maſter, and the 
ſervant who took the horſe, are ordered to be brought to the 
Bar by the Serjeant the next day: They are brought accord- 


ingly, and the ſervant is, for his contempt, committed to the 


Serjeant, during pleaſure. On the 23d of March he is ſet at 
liberty ; though at this time the Speaker was detained by 
ſickneſs, 


as well to the goods, as perſon of every Member attendant 


— — 2 —— £ y — We. > x — == 
— = * — / IS. "4 
E . 
22 - * - 


—— — — 
2 2 


— — 


- — — — "4p —2 . - — 
— „ ³· e ol tr 
— — — Ig Rs on ode oo £2 ot - — 
— —— — —4 —— LE — 8 — = = — 


4 2 2 L Je KA ˙ in wg. y 2 ———— 8 — 
3 FE ˙ A 7˙ ˙—— . 5 — : ” 


— — —  — — ——— — 


184 From the Acceſſion of James I. to the Ohap. 3. 


* ſickneſs, for ſeveral days, from attending the ſervice of the 
Houſe *. 


4. On the 14th of May, 1628, a ſervant of a Member 
has Privilege for his goods, diſtrained by Sir Nicholas Row, 
and a Warrant for thoſe which diſtrained them. 

5. On the 22d of January, 1628, Mr. Rolle complains of 
his goods being ſeized by an officer of the cuſtoms for dues; and . 
this complaint is immediately referred to the conſideration of a 
ſele&t Committee . The ſubſtance of this Caſe was, that theſe 
goods were ſeized by the cuſtomers, or thoſe who had a leaſe of 

the cuſtoms, to a conſiderable amount, and belonging to Mr. 
Rolle, for refuſing to pay the duties of tonnage and poundage, 
which the Commons had not yet granted to the King; but which 
the King, as appears from his Warrant, in the eighth volume of 
the Parliamentary Hiſtory, p. 311, had directed to be levied by 
his own authority.— The Commons ſeem to have wiſhed not 
to have brought the King's authority into diſpute, but to 
ſuppoſe the cuſtomers to have made this ſeizure, by virtue 
of their leaſe, without any Warrant from the Crown; and 
that the reſentment of the Houſe ſhould have been directed 
only againſt thoſe officers, for this violation of their Privi- 
leges: But the King, with his uſual imprudence, ſends a 
meſſage on the 23d of February, by Mr. Secretary Cook, in 


The entries in the Journals for ſeveral 


days begin, Ab/ente Prolocutore.— But it ap- 
pears that very little buſineſs was done, ex- 
cept the appointing a Committee to conſi- 
der of ſuch precedents, as could be found, 
for the proceeding of the Houſe, in the ab- 
ſence of the Speaker 3 this Committee 


make no report, as the Speaker returns the 


next day. 


+ In the eighth volume of the Parlia- | 


mentary Hiſtory, p. 247, and 254, et fub-. 


ſeq. there is an account of this tranſaction, 
publiſhed from a Book, collected by Sir 
Thomas Crewe, and which the Compilers 
of that Hiſtory ſay is fuller than what is in 
Ruſhworth, Vol. I. p. 642. et ſubſ. 


which 


Chap. 3. End of the Parliament of 1628. 185 


which he avows, © that what had been done was in obedience 
* to his ſpecial order in council ; and that it concerned his 
.* Majeſty, in high degree of juſtice and honour, that truth 
be not concealed, and therefore he would not have the act 
of the cuſtomers divided from his act.“ Notwithſtanding 
this meſſage, the Houſe of Commons, upon the report from 
the grand Committee upon this violation of their Privileges, 
reſolve, (1.) That every Member of this Houſe is, during the 
time of Privilege of Parliament, to have Privilege for his goods 
and eſtate ; (2.) That the goth of October laſt was within the 
Privilege of Parliament *; and (3.) That Mr. Rolle ought to 
have Privilege for his goods ſeized the zoth of October laſt, 
the 5th of January laſt, or at any time ſince.—It was in this 
Seſſion, though not upon this queſtion, but upon matters of 


religion, that Oliver Cromwell firſt appears to have taken part 


in the debates . 


(6.) The ſixth and laſt general head of Caſes of Privilege, 


be Pelicment had been prorogued 
from the 26th of June, to the 20th of Oc- 
tober, and then further e to the 
20th of January. 
I + See, in the firſt volume of Ruſhworth: 
p. 655, the firſt ſpeech, which this extraor- 
dinary man appears to have made.—The 
following extract from Sir Philip War- 
wick's Memoirs, p. 247, is very curious. — 
The firſt time that ever I took notice of 
Cromwell, was in the very beginning 
of the Parliament held in November, 
* 1640, when I vainly thought myſelf a 
* courtly young Gentleman; (for we Cour- 
© tiers valued ourſelves much upon our 
good cloaths.) I came one morning into 
the Houſe well clad, and perceived a Gen- 
tleman ſpeaking (whom I knew not) very 


N 


B b 


© ordinarily apparelled, for it was a plain 


3 cloth ſuit, which ſeemed to have been 


made by an ill country taylor; his linen 
* was plain, and not very clean; and I re- 
member a ſpeck or two of blood upon 
© his little band, which was not much larger 
© than his collar; his hat was without a 
© hat-band ; his ſtature was of a good ſize, 


© his ſword ſtuck cloſe to his fide, his coun- 


* tenance ſwoln and reddiſh, his voice 


© ſharp and untunable, and his eloquence 


full of fervor. —Yet I lived to ſee this 
very Gentleman, by multiplied, and good 
ſucceſſes, and by real (but uſurpt) power, 
© (having had a better taylor, and more 


© converſe among good company) in my 


own eye appear of a great and majeſtic 
8 deportment, and comely preſence.“ 


within 


| 
N 
{ 
| 
| 
| 


186 From the Acceſſion of James I. to the Chap. 3. 


within this period, is the aſſaulting or RR a Member;. 
or his ſervant, or traducing his character. 


1 have taken notice before of ſuch inſtances as occur- 
red prior to the Reign of James I. of this breach of Pri- 
vilege, and of the meaſures taken by the Houſe of Commons 
to puniſh them. 


1. On the 19th of March, 1603, Complaint is made of 


Bryan Taſh, a Yeoman of his Majeſty's guard, who, on the 


Houſe of Commons going into the Houſe of Lords, ſtopt 
Sir Herbert Croft, and ſhut the door upon him, ſaying, Good- 
man Burgeſs, you come not here: Some debate aroſe how 
the Houſe ought to proceed; but on the 22d, he is committed 


to the Serjeant, and on the 23d, he is brought in cuſtody to 


the Bar, and on his ſubmiſſion and confeſſion of his default, 
is diſcharged with a warning from the Speaker, Paying his 
fees. 


2. On the 26th of April, 1604, Mr. James, of Briſtol, com- 
plains of ſome contemptuous expreſſions uſed of himſelf by 
Sir Richard Browne : The next day, he produces a witneſs 
at the Bar, in ſupport of this complaint ; © but the words 
« were conſtrued to be of ſmall weight, and therefore pardoned: 


by the Houſe.” 


3. On the 16th of June, 1604, Complaint is made of one Ro- 
gers, for abuſing Sir John Savill in ſlanderous and unſeemly 
terms, upon his proceeding as a Committee, in the Bill touching 
tanners and curriers: Rogers is ordered to be brought by the 


Serjeant to the Bar on Monday next, but probably was not 


to be found, as I find no further entry in the Journal, during 
this Seſſion. | 


4. On 


Chap. 3. End of the Parliament of 1628. 187 


4. On the 12th of February, 1620, Mr. Lovell complains, 
that one Dayrell had threatened his perſon: He is ordered to 
be ſent for by the Serjeant; the ſame day he is brought to the 
Bar, but denying that he ſpake the words charged upon him, 
he is ordered to attend again the next day with his witneſſes; 
he accordingly attends on the 13th, but one of his witneſſes 
being a woman, Mr. Crewe and Sir Edward Coke oppoſe her 
being called in, very gravely objecting, on the authority of St. 
Bernard, That a woman ought not to ſpeak in the congre- | 
« oation.” A Committee is therefore appointed to go out, 
and examine her at the door ; and Sir Edward Gyles reports 
the examination, and Dayrell is ordered to be committed to 
the Serjeant, and then to come and acknowledge his fault, which 

if he does not do, then to be committed to the Tower. 


5. On the 15th of March, 1620, Complaint is made that 
-one Bryers, a Regiſter, had affronted and threatened Sir 
Richard Gifford.: He 1s s ordered immediately to be ſent or by 

the Serjeant. | 


6. On the 28th of April, 1626, Mr. Crooke complains, 
that Sir Thomas Horwood reviled him, ſaying, That he 
came to be a Member of this Houſe by bribery and cor- 
ruption. Sir Thomas Horwood is ordered to be ſent for 
to anſwer the ſaid words, 


7. On the 14th of April, 1628, information is given, that 

a Lord, viz. the Earl of Suffolk, had ſaid, That a gentleman 
of this Houſe (innuendo Mr. Selden) deſerved to be hanged 
for raſing a record, with ſome other ſpeeches to the like 
purpoſe. Sir John Strangways acquainted the Houſe, that 
he was preſent when Lord Suffolk uſed theſe expreſſions ; up- 
Bb 2 on 


188 From the Acceſſion of James I. to the Chap. 3. 


on which, Sir Robert Philips is ordered to go up with a 
meſlage to the Lords, to defire juſtice from the Lords againſt 
the Earl of Suffolk, for the wrong done to the Houſe of 
Commons in general, and to a Member thereof, Mr. Selden, 
in particular, employed in their ſervice :* The meſſage, as 
delivered by Sir Robert Philips, 1s in the Lords Journals of 

this day; and the meſſengers being withdrawn, the Earl of 
Suffolk proteſts upon his honour, and upon his ſoul, that 
© he never ſpake thoſe words to Sir John Strangways.” Up- 
on this denial, the Houſe of Commons appoint a ſele&t Com- 
mittee to conſider of the words, and to make further enquiry 

into the proofs: On the 15th, Sir John Strangways publicly 
« avows the words, and that the Earl of Suffolk ſpake them 
* poſitively ; Sir William Owen alſo informs the Houſe, that 
Sir Chriſtopher Nevill yeſterday told him, that he alſo heard 
Lord Suffolk ſpeak the words charged upon him. - On the 
17th, Sir John Eliot reports from the Committee the evi- 
dence that had come out before them, and their reſolutions, 
to which the Houſe agree; That the Earl of Suffolk, not- 
« withſtanding his denial, has laid a moſt unjuſt and ſcan- 
« dalous imputation upon the Houſe ; that they are fully 
« ſatisfied, that Sir John Strangways hath affirmed nothing 
but what is moſt certain and true; and that theſe particu- 
lars ſhall be again preſented to the Lords, and the Lords 
be deſired to proceed in juſtice againſt the Earl of Suffolk, 
and to inflict ſuch puniſhment upon him, as ſo high an 
« offence againſt the Houſe of Commons doth deſerve. It 
appears from the Lords Journals, that when Sir John Eliot 
delivered this meſſage, he referred to ſeveral Lords who were 
preſent at the converſation, * and who, the Commons had 
* cauſe to believe, could juſtify the ſame. The Houſe of 
Lords promiſe to take. this meſſage into conſideration, and 


N 


A 


A 


to 


% 
4 
* 
ts 
* : 
vs 

73 . 

co 
Wo 

5 4 * 
3 
\ 

2 44 
„ 
E. *> 
a 
e 
LF 
x — 
8 

x 

* 

I 

=> 
E 

* 
aj 
8 

1 

"= 

3 

„ 

1 NY * 
. 
* 
by? 

-# 
"> 
$ 

- By 

7 

K 
Wow 
- 64 
"> 
K 
* 

* 

* * 

xx 
. 
Fr 
5 1 ! 

4% 
> 
E. 

* 
B 

7 
* 
* 
1 
3 
* 

3 
be 
* 
ws 
= 
* 
* 
* 
. 
be 
= 
23 
MX 

Ws 

_— 

I 

* 

bY”. 

8 

38 
»'S 

3 
I 

© 

* 

_— 

9 
3 
41S 
» 
oO. 

* 

. * 


Chap. 3. End of the Parliament of 1628, 189 


to return an anſwer, in due time, by meſſengers of their own; 


but I do not find that any thing further was ever done upon 
this matter. 


I have now gone through the ſeveral heads, under which 
I had claſſed the Caſes of Privilege, from the acceſſion of 
James I. to the end of the Parliament of 1628 ; but there 


are ſtill to be found, in the Journals of the Houſe of Com- 


mons, ſome other inſtances, as well in. this as in the former 


periods, which having omitted to inſert in their proper place 


in the courſe of this Work, I ſhall now give to the Reader 


in an Appendix, obſerving only the order of time in which 


they occurred. *. 


* It has been obſerved, that theſe Caſes of the Work, and as it would have required 
would have been more properly inſerted more trouble, than I thought ſuch an al- 
under the ſeveral heads, to which they re- teration would deſerve, I truſt I ſhall be 
late.— It is very true: but as they occurred excuſed in giving them in the form in 
to me, after I had finiſhed the former part which they appear.. | 


F 


( 190 ) 


CH AP. IV. 


APPENDIX OF CASES BETWEEN THE YEAR 1549 AND 
THE YEAR 1628. 


N the ʒth of November, 1 549, it is ordered, that Mr. 

Hare, and ſeveral other Members, ſhall excuſe the 

appearance of Mr. Palmer, Burgeſs, before the Juſtices of 
the Common Pleas, returned in attaint. 


4. On the h February, 1557, Mr. Marſh, one of the 
Burgeſſes of London, complained that Mr. Wylde, Burgeſs 
of Worceſter, had ſlandered him to the drapers of London: 


This matter is referred to a Committee, for them to examine 
and report. 


3. On the 15th of April, 1559, Trower, a ſervant to the 
Maſter of the Rolls, is ordered to attend, to anſwer to certain 
evil words, ſpoken by him againſt the Houſe : He attends on 
the 17th, and 1s charged with ſaying, againſt the ſtate of 
the Houſe, © That if a Bill were brought in for women's wyers 
in their paſtes, they would diſpute it, and go to the queſ- 
tion; for which offence, though he denied the words, he 
is committed to the Serjeant's keeping. 


= N 4. On 


Chap. 4. Appendix of Caſes between, &c. 191 

4. On the 1oth of April, 1606, Motion for Privilege, for 
one Sayre, ſervant to the Clerk: On the zd of May, it is 
ordered, That Sayre, ſervant and bag-bearer to the Clerk, 
© being arreſted the 2oth of November laſt, upon an execu- 
tion, be, by order and judgment of the Houſe, diſcharged *. 


5. On the 31ſt of March, 1610, Mr. Craford, coming into 
the Houſe, and ſtanding awhile, not being a Member, is, af- 
- ter much debate,. admoniſhed by Mr.. Speaker for his con- 


tempt, kneeling on his knees at the Bar; and then the Houſe, 


in favour, was content to remit him +.—And on the 5th of 
March, 1557, Mr. Perne, affirming that he is returned a 


Burgeſs for Plympton, but having brought no Warrant thereof 


to the Houſe, nor being returned hither by the Clerk of the 
Crown by Book or Warrant, is awarded to be in the cuſtody 
of the — till the Houſe have further conſidered | * 


the Virginia Company, having, in his ſpeech at the Bar, of- 


be brought to the Bar, and reprimanded by the Speaker; but, 
though the practice of the Houſe required that he ſhould re- 
ceive this judgment upon his knees, yet from a regard to his 
former ſervices in the Houſe, when a Member, this order is 
diſpenſed with, and Mr. Speaker is to charge him, ſtanding; 
and the next day, the 18th, the Speaker accordingly repri- 
mands him ſtanding at the Bar, and he makes a very humble 
ſubmiſſion. 


. Note, the Parliament was prorogued February, 1575, 23d of January, 1580, and 
from the gth of November, to the 21ſt of many others. 


January. | 2 See allo the Cafe of Bukeley, 1 
+ See a ſimilar inſtance of the 13th of of May, 1614. 


7. On 


6. On the- wth of May, 1614, Mr. Martin, Counſel for 


fended the Houſe by taxing the laſt Parliament, is ordered to 


<< 290 7 2 Ra 4 — 22 
m rn — _— 33% J —— — — ——_—_— - — — 
. 1 * Te Is o D 3 «> — To. 
- — * 2 * —.— >. - — — 2 - * - — = — - _ — x — WP ” * — 
. rr EF — — . — 4 4 — Ir 2 — NI = = — OR — w — 8 _ — L 4 Sa Os 83 - — 8 — ode lbs _ 
A > : — — 5 — 5; —_ - ns os EET — 9 en ro . < 
: xa . trade cok AL 1 6 2 — . EET I DOI" 6 : — — - — : — ” — — — ———ů — 8 — — > 0 . A => : 2 — 
9 — — 2 > — c eos 2 — = Oe ny 4 2 — 5 * — 7 — — —— . — 3 Y - —— xe ok. * — — ——— 
R . - — — "6 * ernps 3 ͤ — — p ns td ps 2— n — - - — 4 + * — 8 + - 8 ws - — 7 * — 7 — — 2 < - — 7 — 
1 — 2 — 2 * — —— 22 — . — — — — 7 82 F — - = - - - --t YL — — . So — — 2 — - — — - _ - b 
— —— : —— ——_— — . EE IRIS II Room inn a EA NNE TER — = = =o << — ac — — 
: r — — 2 : 23 * p * — 1 _ * — — — 7 D 
af 1 9 — - * — = . 28 
3 92 —— — 2 th * 1 m— a 8 3 _ * py 
< » — * 7 aſs. - * * 


< 
— — ů > —— — . indiS3 el 
— FOES he oe ® Poon A LE = ny : 
S 5 
d ne ä e 


= 
7 r 

N 

At * 


N > 
=> S 


W az * 
SS 


re 
” — 
1. =_ ” 2 — . 
= SS ä Ed 
— rr "9 * 1 > 
Ares 


— — a 
1 ——— — — — 
* n n * * 


192 Appendix of Caſes between the Chap. 4. 


7. On the 25th of May, 1614, there is a complaint of ſome 
words, reflecting on the honour of the Houſe, that had been 
uſed by the Biſhop of Lincoln : Different methods were pro- 
poſed of proceeding to have ſatisfaction for this affront ; but at 
laſt it is agreed to appoint a ſelect Committee, to conſider of 
the words, © the ground thereof, and the fitteſt courſe to take by 
* ſearch of precedents, or otherwiſe.” On the next day, Mr. 
Hakewill reports the matter, and the words; and, after much 
debate upon what had been the practice of the Houſe in ſimi- 
lar Caſes, the Houſe reſolve to ſend a meſſage to the Lords, 
and to forbear proceeding in all other buſineſs, ſave this, till 
they have an anſwer from the Lords : This meſſage, which 
is carried by Sir Edward Hobby, is in the Journal of the 
Houſe of Lords of the 28th of May, to which the Lords 
return for anſwer, That they will take the meſſage into con- 
« ſideration, as the weight thereof requireth ; and will have 
* reſpect both to their own honour, and the honour of the 
Houſe of Commons, and will ſend an anſwer, as ſoon as 
_ * conveniently they may, by meſſengers of their own.” On 
the zoth of May, the Lords ſend another meſſage to the 
Commons relative to this matter ; to which, on the 31ſt, the 
Commons reply, repeating their former complaint, and con- 
cluding, -* That now the Knights, Citizens, and Burgeſſes, of 
the Commons Houſe, do deſire the Lords, if the words were 
not ſpoken, ſo to ſignify to that Houſe ; otherwiſe, if they 
were uſed, then they hope their Lordſhips will do as they 
* promiſed; laſtly, that the Commons know not, what other 
© courſe they could have taken, to bring the matter to exami- 
nation, nor otherwiſe how any undutiful ſpeech which may 
be uttered in this Houſe, or in theirs, can be called in 
« queſtion.” Upon this meſſage, the Biſhop of Lincoln en- 
treated the Lords, that he might be heard to expound himſelf ; 

which 


A 


Chap. 4. Tear 1549 and the Year 1628. 193 


which being granted to him, he did make ſolemn proteſta- 
© tion, upon his ſalvation, that he did not ſpeak any thing 
with evil intention to that Houſe ; expreſſing, with many 
tears, his ſorrow that his words were ſo miſconceived and 
© ſtrained further than he ever meant: Upon which ſub- 
miſſion and ingenuous behaviour, the Lords are fatisfied, 
* that however the words might ſound, the Biſhop's intention 
* was not as it hath been taken ;' and they accordingly aſſure 
the Commons, That if they had conceived the Biſhop's 


words to have been ſpoken, or meant to caſt any aſperſion 


of ſedition or undutifulneſs upon that Houſe, their Lord- 
© ſhips would forthwith have proceeded to the cenſuring and 
© puniſhing thereof with all ſeverity. Nevertheleſs, their 
Lordſhips think fit to ſignify, that although they have been 
careful at this time to give them contentment, for the bet- 


8 


A 


— 


* 


are of opinion, that hereafter no Member of their Houſe 
ought to be called in queſtion, when there is no other 
ground thereof but public and common fame only.“ Upon 


this N the Commons were ſatisfied, and returned to 
buſineſs * 


E 


8. On the 27th of April, 1621, Sir Edward Coke reports 
the Lady Coppin's petition; that Sir William Cope con- 
ſented ſhe might ſue him at law: Upon which, it is reſolved, 
that ſhe may proceed; and Sir William Cope, by his own 
conſent, to have no Privilege of the Parliament. On the 
21ſt of June, 1625, another petition from the ſame Lady is 


This Biſhop cf Lincoln was the fa- ſtrance preſented by the Commons to 


mous Dr. Richard Neil, who was afterwards Charles I. in 1628, was complained of, to- 
advanced to the Biſhoprics of Durham and gether with Biſhop Laud, as being à fa- 
Wincheſter; and who, in the Remon- vourer of Arminianiſm. 


8 tendered 


ter expediting his Majeſty's buſineſs ; yet their Lordſhips 


. - ow > — — 2 7 — 
— * — 2 ——— ͤͤ 4. 9 „ A ; r 
— 2 n * p 1 by 5 a * 
4 1 27 EE IO — — 


194 Appendix of Caſes between the Chap. 4. 
tendered againſt Sir William Cope; and on the 22d, a pe- 


tition from Sir William Cope is read, and, by a general voice, 
rejected. 


9. On the 21ſt of November, 1621, one was taken at the 
riſing of the Houſe, with a piſtol charged with three bullets, 
who had abuſed a Member, and called him Knave ; and ſaid, 
he would kill one of the Houſe before he had done: He is, 
by Sir Edward Coke's advice, committed cloſe priſoner to 
the Gatehouſe, and a Committee is appointed to examine him. 


10. On the 14th of April, 1624, one Arnold, maſter of the 
Felt-makers, that came to prefer a Bill to the Houſe, is taken 
by a Serjeant, and committed to the Fleet: On the 12th of 
May, he petitions the Houſe, and it is ordered, That the 
« Felt-makers, now impriſoned in the Fleet, ſhall be enlarged, 
and have the Privilege of the Houſe, eundo, redeundo, et 
* morando, for the proſecution of their Bill; and the Com- 
mittee of Privileges are to examine, whether the former ar- 
reſting of theſe men was an impeachment to the Privileges 
of the Houſe. On the 28th of May, Mr. Glanville reports, 
that the Committee had no time to examine this petition ; 


and it is therefore reſolved to let it reſt in ſtatu quo, till next 
Seſſion. 


11. On the 11th of April, 1628, a Book in print, con- 
* cerning ſome proceedings in Parliament: It is referred to 
Sir Edward Coke, and ſeveral other Members, to conſider 
whether this Book is fit to be read in the Houſe ; and if it is, 
then they are to ſend for any to inform them, who printed 
it, and by what allowance. do not find that this Committee 
made any report, 


--28, On 


Chap. 4. Year 1549 and the Year 1628. I95 


12. On the 22d of April, 1628, one Pemberton, a Brewer, 
ordered to attend: On the 25th, the Speaker informs the 
Houſe, that he ſaid, he would not come; upon queſtion, to 
be preſently ſent for by the Serjeant ; but on the 3oth, he is 
diſcharged, the words being denied, and not proved. 


13. On the iſt of May, 1628, Privilege is granted to Henry 
Billingſley, to go abroad with his Keeper, to inſtruct his 
Counſel, and proſecute his petition “. 


14. On the 8th of May, 1628, Sir Edward Coke moveth, 
that Pecke, being ordered by the Committee of Grievances to 
bring in his patent, hath contemned it: The Serjeant is or- 
dered to go for Pecke, to bring in his patent, and to anſwer 


his contempt ; on the 12th, he PO, and 1s diſcharged, 
IO" in the patent, &c. 


15. On the 21ſt of February, 1628, one Burgeſs, who had 
called ſome of the Parliament men, Hell hounds and Puritans,” 


is ordered to be preſently ſent for by the Serjeant ; and a 
Warrant likewiſe to go for the parties that are witneſſes 


againſt him. 


See the 24th of June. 


Ces Ci AP. 


* 
1 
3 
y ) 
1 
== 
, 4 
ö x 1 
1 
; 
N » 
* 
1 
1 [ 
' 
: FX] 
1 
ry AY 
1-807? 
Ci. 
. 
pn 
* 
Wl 
” 
+] 
N 
AT 
'» 141 
- xe 
. 
ERR 
N A 
124% 
© 007 
4 
4 
iii! 
. 
Vs 
43: _ 
1 L 
i; | 
1} 
vw" 
4 
1 
# ' : 
EF 3: 7 
1337 
- 
74 | 
pf 1 
p 
{4 
* 5 
[ ii 
by 
1 
4 
"8-1 
v8 126 
4 : 
Er | 
* ey” 
£85 ; 
Ray 1 
44444 
4 
i 
17 0911 
45 * 
{ 
wn 
a. 
* 
. 4 
$44 
5 * 
Th 1 
Wit) 
VF 
k . 
1 
5,65? ; 
7 75 a 
W121; 
17 
Fj J. 
15 
1 
* 1 
4 8 
1 
ms; 
”; SH 
1 
* "A : 
18! 
81 
18 
145 
4 
10 
\ at 
iP} 
U 
1 
1 
{ {45 
i 9 
* 
in 
Wi 
mr bh 
= IX} 
A 
44 
5 18 
2 WE 
4 
a 4 4 
9 
. 42 x1 
4 * 
ie 
140 * 
. 1 
N 
14 
u 
n 
WT 4” 
3$£FYE 
. 14 
1 
i2'} T 
KA: 
4% + 
. 
124 FH 
21 
* 1 
1 
1 
$1. 
"Fan 
1 
. 
3.4 iS 
$907k 
© $$ 
$51 
Yo 
wth '$ 
Kher ts” 
* 155 
ox 
n 
e 
wy 
ti; 
1 . 
N 
"A 2AJ 7 
vp. 15 
45 
s * 
eie 
MAP 
1 
An, 
en 
Aids | 
het 
11:00 
e 
1 d 
BK 
þ * 
. 
2 
Fer 
+. 
I 5 
1 
119 
. 
TIE 5 
WF! 
N 
7 
1 
RT" 6 
1 
99 
. 
[1 1 
1:18 i 
2k ©; 
ut 
F > k 
Pt 35 
I 
$7 
5% - 
A 
© 
ö 1 
1 1 
. 
I 
„ 5 
* 43 
it * 
5 
* ; 
1 
. 
1 
3% 4 
£ : 
<3 F* 
"3% 
A, 
I: | 
BY 
A 
1 
1 + 
— * 
E +3 
+ 
** 
2 
* 
EIT 
F- + 
N 
948 
1 
watt 
1 
27 


—— 
- = 


. 
* 
f 
= 
| 
1 x 
4F 
> 
: 
1 
i 
. 
r 


— — — 
1 : 
> N ES. o 
* 


= - . , * 
— ee eden a | 


i. 


hs __ ach Ge abs ith 
* n * on 
oy — 


( 196 ) 


Los 


UNO AF . 


6-06-04 V-$ 1 © NM, 
/ 


Have thus given at-large the ſeveral Caſes, relative to the 
Privileges of the Members of the Houſe of Commons, and 
their ſervants, from the earlieſt times to the end of the Parlia- 
ment of 1628, and have made ſuch obſervations as have oc- 
curred to me upon them. We have ſeen in what manner the 
Commons were, at different periods, obliged to claim new 
Privileges, and exert new modes of maintaining and de- 
fending thoſe Privileges, in proportion as the lengthening the | 
duration of the Seſſion made other avocations inconvenient 
and incompatible with their firſt duty, and as the increaſe of 
their conſequence in the ſtate, and their influence in the ma- 
nagement of public affairs, rendered them more an object of 
the attention of the Miniſters of the Crown.—The principal 
view, which the Houſe of Commons ſeem always to have had 
in the ſeveral declarations of their Privileges, was this, of 
« ſecuring to themſelves, (1.) their right of attendance in Par- 
« hament, unmoleſted by threats or inſults of private perſons ; | 
„ 2.) their thoughts and attention undiſturbed by any con- 
| cern for their goods or eſtate ; (3.) their perſonal preſence 
in the Houſe, not to be withdrawn, either by the ſummons 
of inferior Courts, by the arreſt of their bodies in civil 

« cauſes, 


R 


> 


Chap. 5. Conclufion. 197 


* cauſes, or, what was of more importance, by commit- 
ment by orders from the Crown, for any ſuppoſed offences. 
Beyond this, they ſeem never to have attempted ; there is not 
a ſingle inſtance of a Member's claiming the Privilege of 
Parliament, to withdraw himſelf from the criminal law of the 
land ; offences againſt the public peace they always thought 
themſelves amenable for to the laws of their country; they 
were contented with being ſubſtantially ſecured from any 
violence from the Crown, or its Miniſters ; but readily ſub- 
mitted themſelves to the judicature of the King's Bench, the 
legal Court of criminal juriſdiction ; well knowing that Pri- 
© vilege, which is allowed in caſe of public ſervice for the 
* Commonwealth, muſt not be uſed for the danger of the 
Commonwealth *; or, as it is expreſſed in Mr. Glynn's 
Report of the 6th of January, 1641 +, They were far from 
any endeavour to protect any of their Members, who ſhould 
be, in due manner, proſecuted according to the Laws of the 


* On the 17th of Auguſt, 1641, Mr, 
Pym reports from the Committee ap- 
pointed to prepare heads for a conference 
with the Lords — To let the Lords un- 
« derſtand that the conviction of divers 
© recuſants hath been hindered under pre- 
«© tence of Privilege of Parliament from 
their Lordſhips; and to declare unto their 
Lordſhips, that the opinion of this Houſe 
© 15, That no Privilege of Parliament ought 
© to be allowed in this caſe, for theſe rea- 
< ſons; (I.) Privilege of Parliament is not 
< to be allowed 1n caſe of peace, if the 
peace be required, (2.) It is not to be 
© allowed again/? any indictment for any 
thing done out of Parliament. (;.) It 


is not to be allowed in caſe of public 
© ſervice for the Commonweal ch, for that 


© it muſt not be uſed for the danger of the 
Commonwealth. In the report of this 
conference in the Lords Journals of the 18th 
of Auguft, 1641, theſe reaſons are ſome- 
what differently expreſſed. (1.) © That 
© no Privilege is allowable in caſe of the 
peace betwixt private men, much more 
© in caſe of the peace of the Kingdom. 
(z.) That Privilege cannot be pleaded 


© againit an indictment for any thing done 


© out of Parliament, becauſe all indict- 


© ments are contra pacem Demini Regis. 


« (3.) Privilege of Parliament is granted 
in regard of the ſervice of the Common- 
© wealth, and is not to be uſed to the dan- 
ger of the Commonwealth.“ 
+ See the ſecond Volume of Commons 
Journals, p. 374. 
Realm, 


198 Concluſion. Chap. 5. 
© Realm, and the Rights and Privileges of Parliament, for 
* Treaſon, or any other Miſdemeanour ; being ſenſible, that it 
* equally imported them, as well to ſee juſtice done againſt 
them that are criminous, as to defend the juſt Rights and 
Liberties of the Subjects, and Parliament of England.” 


KA 


A 


It may be proper to make ſome pauſe at this period of the 
diſſolution of the Parliament of 1628, becauſe the conduct 
of Charles I. during the next twelve years, opens a very dif- 
ferent ſcene. Finding that it was impoſlible to prevail on any 
Houſe of Commons (of which he had tried three in three 
years) to comply with his exorbitant ideas of Regal Preroga- 
tive, or to give countenance to the arbitrary meaſures of his 
Miniſters, he reſolved to get rid of all reſtraint, and accord- 
ingly introduced ſuch a ſyſtem of tyranny into every part of 
the Government, that the Conſtitution was entirely deſtroyed, 
and loſt in the power of the Crown. —Notwithſtanding that 
he had ſo lately given the moſt folemn aſſent to the Petition 
of Right, he now as publicly violated it in every inſtance : 
(1.) He, by his circular letters to the Lords Lieutenants of 
Counties, exacted loans and benevolences without pretence 
of law ; and Gentlemen of fortune and rank in the country 
were impriſoned for refuſing to contribute ; Tonnage and 
poundage were taken without the conſent of Parliament, 
and ſuch as would not ſubmit to pay, had their goods ſeized, 
their perſons impriſoned, and heavy fines impoſed upon them. 
(2.) The rigorous powers of the Star-Chamber were executed 
_ with unlimited ſeverity, and the moſt trifling offences were 
- puniſhed without mercy. (3.) Soldiers were billeted on the 
houſes of -private perſons ; (4.) and Martial Law executed, 


attended with the moſt provoking outrages committed by the 
ſoldiers : 


Chap. 5, Concluſion. 199 


ſoldiers : Add to theſe, the grievous impoſition of ſhip mo- 
ney ; the cruelties exerciſed by the High Commiſſion Court ; 
the rigorous execution of the foreſt laws, and the ſevere ad- 
miniſtration of eccleſiaſtical affairs; together with the tyran- 
nical oppreſſions in the government of Scotland, and of Ire- 
land, under that able arch-traytor the Earl of Strafford ; 
and we ſhall have ſuch a regular and comprehenſive plan of 
arbitrary government, as was not to be exceeded in the moſt 
deſpotic ſtates of Europe *.—But what rendered all this moſt 
odious and terrible was, that this government was ſo admi- 
niſtered under the pretence of law ; and the Courts of Juſtice 
were filled with wretches, ready to declare the will of the 
Prince to be the law of the land. —Hitherto the people might 
have ſubmitted ; but, as Lord Clarendon obſerves T,. when 
« they ſaw in a Court of Law (that Law which gave them a 
ce title to and poſſeſſion of all they had) reaſons of ſtate urged 
<< as elements of law; Judges as ſharp ſighted as Secretaries 
of State, and in the myſteries of State ; judgment of law 
grounded on matter of fact, of which there was neither 
* enquiry nor proof, the burthen became intolerable.” 


The Compilers of the Parliamentary Hiſtory have, with 
their uſual attachment to Charles I. endeavoured to repreſent 
theſe twelve years of intermiſſion from Parliament, as the 
moſt halcyon days this nation ever ſaw. During this period, 


* For proof of theſe particulars, con- by the ſucceſs) are not to be imputed-to 
ſult Lord Clarendon, Whitelocke, and the Court, bur to the ſpirit and over ac- 
other contemporary Writers. © tivity of the Lawyers ; who ſhould more 
+ Lord Clarendon's Hiſtory of the Re- carefully have preſerved their profeiZon, 

bellion, Vol. I. p. 54.—To which he adds, and its profeſſors, from being profaned b; 
in p. 57, ©* Theſe errors (for errors they * thoſe ſervices, which have rendered both 
were in view, and errors they are proved * ſo obnoxious to reproach,” 


* 


o 


ſay 


200 Concluſion. Chap. 5. 
ſay they, „this kingdom, and all the King's dominions, en- 
«« joyed the greateſt calm, and the fulleſt meaſure of peace 
« and plenty, that any people, in any age, for fo long a time 
« together, were ever bleſſed with, to the wonder and envy of 
all other parts of Chriſtendom : Indeed ſome little diſturb- 
« ances happened in Scotland, in the year 1637, by the intro- 
«© duction of the Engliſh liturgy into that kingdom: The 
« doctrine of J. Knox had gained ſo faſt a footing there, that 
« all Archbiſhop Laud's injunctions and admonitions. could 
de not remove it *.“ 


Fortunately for this country, that bigotted Miniſter thought 
proper to ſupport his injunctions and admonitions, by the 
more prevailing argument of force; and for that purpoſe, 
in the year 1639, the King marched with an army to the 
borders, and encamped within two miles of Berwick. The 
terrors of this force had their effe&, and the Scotch promiſed 
to be better ſubjects for the future; but, though this army 
was diſbanded, there being reaſon to fear an immediate re- 
newal of theſe inſurrections to oppoſe the tyrannical mea- 
ſures in religion which Laud was determined to introduce into 
Scotland, it was thought neceſſary to raiſe another army; 
and the Exchequer being already exhauſted, no other means 
could be . to ſupport this army. but the aſſiſtance of 
Parliament. 


The greateſt admirers of Charles I. and the moſt warm 
defenders of his conduct, admit this difficulty to have been 
the ſole cauſe of calling the Parliament of April, 1640. His 
Miniſters were not ſuddenly ſeized with any violent attach- 


* Eighth Vol. p. 393. 
ment 


Chap. 5 Concluſion. 201 


ment for theſe national Councils ; they expreſſed no remorſe 
for thoſe oppreſſive meaſures, which, for twelve years toge- 
ther, their enemies charge them to have adviſed ; they thought, 
(with the Compilers of the Parliamentary Hiſtory) that the 
peace and plenty, the eaſe and ſecurity, with which the na- 
tion had been ſo long bleſſed, were owing to this very inter- 
miſſion : Nothing therefore could have prevailed with them 
to have called another Parliament, but the diſtreſs from want 
of money, which the King's peculiar fituation at that time 
brought on, and which was not to be repaired by any of thoſe 
| fruitful and ingenious reſources of tonnage and poundage, 
knighthood, monopolies, ſhip-money, and military impoſi- 
tions, which, though ſufficient for the peaceful expence of 
maſks and revelling, were not adequate to the charge of raiſ- 
ing and paying a conſiderable army. 


If any further arguments were neceſſary to prove this pro- 
poſition, the King's frequent ſpeeches and meſſages upon 
this ſubject, during this ſhort Parliament, are fully ſuf- 
acient; befides the ſpeech on the 13th of April, the day of 
opening the Parliament *, the Commons were again preſſed 
by the Lord Keeper on the 21ſt, at Whitehall, in the King's 
| Preſence, to enter ſpeedily and effectually into this matter of 
tupply ; this done, ſays Lord Keeper Finch, his Majeſty will 
give you ſcope and liberty to preſent your juft grievances to 


„ The charge of ſuch an army hath ** hauſted by unneceſſary triumphs, or 
* been thoroughly adviſed, and muſt *© ſumptuous buildings, or other magnifi- 
needs amount to a very great ſum, ſuch & cence : Wherefere his Majeſty hath now 
as cannot be imagined to be found in called this Parliament.“ Lord Keeper's 5 
c*- bes Maje/ty's ceffers; which, how ſpeech, eighth Volume of Parliamentary 
empty ſcever, have neither yet been ex- Hiſtory, p. 403. 


D d | „ him. 


202 Concluſion. Chap. 4. 


him.“ On the 24th of April, the King came himſelf to the 
Houſe of Lords, and, without his robes, made a ſpeech to the 
Lords only, in which he urged. their Lordſhips on this. head ; 
he complained, that the Commons, inſtead of preferring his 
* occaſions in the firſt place, have held conſultation of in- 
* novation of religion, property of goods, and Privileges of 
Parliament, and ſo have put the cart before the horſe :—If 
© it were a time to diſpute, I ſhould not much ſtand upon it; 
but my neceſlities are ſo. urgent, that there can be no delay *. 
The Lords immediately take this ſpeech into conſideration, 
and, in obedience to his Majeſty's recommendation, reſolve, 

(.) © That the ſupply ſhall have precedency, and be reſolved. 
upon before any other matter whatſoever.” And, (2.) That 
there ſhall be a conference deſired. with the Houſe of Com- 
* mons, to diſpoſe them thereunto. 


At this conference which was held on the 25th of April, the 
Lord Keeper, after recapitulating what he had ſaid before on 
the 13th and 21ſt, aſſured the Commons, That his Ma- 
« jeſty's neceſſary affairs will admit of no delay, but require a 

-© preſent and ſpeedy ſupply ;. that therefore the Lords had 
© voted, that his Majeſty's ſupply ſhould have precedency, . 
and that they deſired the Commons would go on with that 
« firſt, as that which, in the opinion of the Lords, is moſt 
neceſſary; and that this being done, their Lordſhips will. 
be ready to join in any thing to carry on this great bu- 
* ſineſs.” 


Every meaſure taken by this unfortunate King throughout 


* See the Lords Journals, Vol. IV. p. 66. = 
| theſe 


Chap. 5. Conclufion. 203 
theſe two laſt Parliaments of .1640, ſeems to have been the 
effect of infatuation : At a time when he was courting the 
Houſe of Commons, and when it was his moſt eſſential intereſt 
that they ſhould be retained in good-humour, what but the 
moſt violent folly could have adviſed this moſt flagrant and 
outrageous breach of their Privileges? If they had before 
been ever ſo well diſpoſed to have given the ſupply the pre- 
ference to every other conſideration, this ſtep taken by the 
Lords, in conſequence of the King's earneſtneſs, muſt have 
prevented them ; the warmeſt friends to the King could not 
now, conſiſtently with their regard for the Privileges of the 
Houſe of Commons, propoſe proceeding in the ſupply in the 
firſt place. The interfering of the Lords had precluded this 
courſe of proceeding, and it became the immediate duty of 
the Commons, to reſolve, That in this conference the Pri- 
vileges of the Houſe are violated ; and that their Lordſhips 
voting, propounding, and declaring touching matters of 
« ſupply, before it moved from this Houſe, is a breach of the 
Privilege of this Houſe. A Committee is accordingly appointed 
to prepare in writing, an addreſs to the Lords for righting the 
| Privileges of the Commons; and this addreſs is ſent on the 
28th to the Lords by Mr. Pym *. Upon which, after 
long and ſerious debate, the Lords reſolve, That this vote 
was no breach of the Privileges of the Houſe of Commons.” 
And on the 1ſt of May, the Lords at a conference give their 
reaſons for this vote, by the mouth of the Lord Keeper ; but 
on the 2d of May, before the Commons had time to conſider 
of theſe reaſons, the King, growing out of all patience, ſent 


* See Lords Journals, Vol. IV. p. 72.et ſubſ. 
D d 2 5 another 


e e r 


E ; — | Sa Chet 
* | * = 2 | te 
* 2 2-4 JS 1 n 


F N du . 4 2 
n ** P 1 8 
f 12 - A 
* E N > n 4 TO en 
— T 2227 608 ch te — — | 
s . 2 „ * * K 
1 = « Br ' "_ ond en nn ot af LS 2 es * 1 
att | the CEN . A's F 5 


204 Concluſion. Chap. 5. 
another meſſage by Sir Harry Vane, Treaſurer of the Houſe- 
hold, defiring a preſent anſwer concerning his ſupply.” The 
debate upon this meſſage. laſted till ſix o'clock on Saturday 
night, and was then adjourned till Monday. morning at eight 
o'clock.: But, on Monday, Mr. Treaſurer brings another meſ- 
ſage, in. which his Majeſty propoſes the quantum of the ſup- 
ply, and expects a preſent and poſitive anſwer, upon which 
he may rely.” This day was alſo taken up in preparing an 
anſwer to the King's meſſages, and the debate adjourned till. 
the next morning at eight o'clock : But before they could- 
meet on the 5th of May, the King ſent for them to the Houſe 
of Lords, and diſſolved the Parliament *. 


I hope this ſummary account of the proceedings of the 
ſhort Parliament of 1640, will not be thought inconſiſtent 
with my general plan of treating on the Privileges of the 
Houſe of Commons, ſince the whole diſpute between the 
King and the Commons was, as to the right of precedency of 
buſineſs; Whether they ſhould firſt have redreſs for the ſe- 
veral violations of their Privileges, in the former Parliaments; 
or ſhould, by virtue of his Majeſty” s- preſſing: directions, be 
obliged to proceed firſt in the matter of ſupply ;—a queſtion 
eſſentially material to their exiſtence. For if the King's pro- 
poſition had been adopted, it is not. difficult to foretell what 
would have been the conſequence ; © this done, his Majeſty 
would have given them liberty to preſent. their juſt griev- 


* See Parliamentary Hiſtory, Vol. VIII. intention, and to bring all into confu- 
p. 436 to 468, — Lord Clarendon ſup- ſion.— Hiſtory of Rebellion, Vol. I. p. 
poſes, that the part which Sir H. Vane 110. h 
took in this affair was with a malicious | 

6 ances. 


TE TRE Ä „ K TT TT "TT CR [5s 


Chap. 5. Concluſion. 20 5 
« ances to him.“ This difference alſo between the two Houſes 
would give me an opportunity of going more largely into 74 
the conſideration of that moſt antient, moſt important, and 4 
eſſential Privilege of the Houſe of Commons, reſpecting their {i 
* ſole right of beginning the grants of aids, and ſupplies, and | 
of directing and limiting the ends, purpoſes, conſiderations 
* and qualifications of ſuch grants, without the Lords having 
© the power to alter or to change them *.'—But the diſcuſſion 
of this queſtion, and a collection of the precedents, upon 
which this right has been ſupported, 1s too great to be 
inſerted in this Work, and deſerves to be treated of by, 
itſelf. | 


The proceedings of the Court on the diſſolution of the 
Parliament of 1628, againſt thoſe Members that had then 
taken an active part; the impriſonment of thoſe reſpectable 
men, Mr. Holles, Sir M. Hobart, Sir J. Eliot, Sir P. Hay- 

man, and others +, together with the proſecutions and judg- 
ments obtained againſt them in the Star-Chamber, and Court 
of King's Bench, for their ſpeeches and behaviour in Parlia- 
ment, brought on at the commencement of the Seffion, in 
April 1640, an enquiry into theſe breaches of their Pri- 
vilege. It was obvious, that if ſuch proceedings were paſſed _ | 
over without notice, and if it ſhould, by their ſilence, be ad. 1 
mitted, that Members of the Houſe of Commons are puniſh- 
able, after a diſſolution, for actions or ſpeeches in Parliament; 
the freedom of ſpeech, and with that, the freedom of acting 
and voting, would be at an end. It had been in vain to plead 


* Sce Commons Journals, 3d of July, 1678. 
+. See the Parliamentary Hiſtory, Vol. VIII. p. 354. 


Strode's 


Sa. 


n 
* 


— eo 
ä 
— — — 1 * 


— . 


206 Concluſion. Chap. 5. 


Strode's Law, the fourth of Henry VIII. as a general law 
in favour of this liberty, or to ſhew that offences, ſuppoſed to 
be committed in Parliament, are not cognizable in any other 
Court : The Judges of that day had been too well ſchooled 
to admit the force of ſuch trifling objections; they determined 
Strode's Law to be a private Act of Parliament“; and as to the 
Privilege of Parliament of not being queſtioned elſewhere, 
they ſaid, We are judges of their lives and lands, therefore of 
their liberties; no outrageous ſpeeches were ever uſed 
* againſt a great Miniſter of State in Parliament, that have 
not been puniſhed ;*' and agreeable to theſe doctrines, Mr. 
Juſtice Jones, on the laſt day of the term, pronounced the 
judgment of the Court, That all the defendants ſhould be 
* impriſoned, during the King's pleaſure, not to be delivered 
till they had given ſecurity for their good behaviour, and 
« made ſubmiſſion and acknowledgment of their offence ; Sir 
J. Eliot to pay a fine of two thouſand pounds, as the greateſt 
«© offender and the ringleader ; Mr. Holles of one thouſand 
„ marks; and Mr. Valentine of five hundred pounds +.” 


A 


* 


Notwithſtanding the temper and moderation, with which 
this Parliament of April, 1640, is acknowledged to have met, 
theſe breaches of Privilege, ſo deſtructive of the very exiſtence 
of a free Council, became an immediate object of their con- 
ſideration; petitions were preſented from all parts, complain- 
ing of the ſeveral grievances under which the nation had long 
laboured, and in theſe debates even the moſt courtier-like 
Members, Mr. Waller, and others, could not help expreſſing 


See Whitelocke's Memoirs, p. 12, f See the Parliamentary Hiſtory, Vol. 
and 13, VIII. p. 354 to 389. 
| their 


Chap. 5. Concluſion, 207 


their 1 of the — of ſuch unjuſtifiable 
proceedings * 


This matter did not reſt here; in the next Parliament, on 


the 6th of July, 1641, the Houſe of Commons again took 
up this breach of their Privileges in 1628, and came to reſo- 
lutions : 


(1.) That the Warrants of the Lords, and others of the 
Privy Council, compelling Mr. Holles and others to appear 
before them during that Parhament ; that the committing of 
Mr. Holles and others,. by the Lords and others of the Privy 
Council, in 4* Car. during that Parliament; that the 
ſearching and ſealing of the chambers, ſtudies, and papers of 
Mr. Holles, Mr. Selden, and Sir J. Eliot, being Members of 
that Parliament, and iſſuing out Warrants for that purpoſe ; 
and that the exhibiting an information in the Court of Star- 
Chamber, againſt Mr. Holles and others, for matters done 
by them in Parliament, being Members of Parliament, are 
breaches of Privilege. — (2.) That Sir Robert Heath, Sir H. 
Davenport, and others who ſubſcribed the ſaid informations, 
are guilty of a breach of Privilege. — And on the Sth of 
July, the Commons came to ſeveral other reſolutions 
touching this matter, and committed Mr. Laurence Whita- 
ker, who had entered the chamber of Sir ]. Eliot, and 


been concerned in ſearching his trunks and Papers, to the 


"1 ower. 


But, as if the heinouſneſs of this crime could never be ex- 


See Ruſaworth, Vol. III. p. 1149. ; 
plated, 


Wr WE rr wo, png * > x 
* 


2 
. 
4 
4 2247 EIN <=, 14. wth » x N * — — 8 1 ed 
a. R 4 - * 8 E F * , — > WE A — : SIE — — 8 
12 tt wats 4 r . _ «i *> GAL 5 * 4 — Ee nike SIE; .* r * 1 4 % = y By 4. 
: ca — es 1 — 1 fb er os 22 3 7 1 F Pn _—_— ih, * + p 2 2 * 5 
6 4 e 22 2 Hm 45 4 CLI bn 2 3 S : „ a % 2359 - i n 2 _— bg A > he ER A 2 * — 
„*—— we — 2 ” - % . ö . — r 1 . 4 50 - * 8 e 2 5 bf 
2%. : 1 — LOS * * Oo en 2 5 s 6 . 2 2 2 wes . — gh r . 2 . * 8 
F de 8 7 25S, ace ... ͤ SIDES — * mas” ; ES. p 
41 * 2 * is - oh — — * _ * 
ck eld - . N — — 
Mee r ts es 0 1 ew 26d N 
4 * : _- ug We of 
4 : 1 0 3 2 + 
k RY * r — a 4 — ran. + 
FOR — * — * — 
ru b A + jm oe IE * 1 — <> 
q * N . c c ES N 
2 > 8 * - ot 3 he 
1 —_ 


208 Concluſion. 


plated, :on the 15th of October, 1667, at the diſtance of 
almoſt forty years, a Committee is appointed to conſider of 
this Caſe, of the information brought in the King's Bench, 
and how the Law and Report 1s in that particular. On the 
12th of November, Mr. Vaughan reports from this Commit- 
tee, and on the 23d of November, the Houſe reſolve, That 
the judgment given in the fifth Car. I. againſt Sir J. Eliot, 
* Denz1l Holles, and Benjamin Valentine, Eſquires, in the 
„King's Bench, was an illegal judgment, and againſt the 
« freedom of Privilege of Parliament.“ To this vote, the 
Commons at a conference deſire the concurrence of the Lords, 
and on the 11th of December *, the Lords report this confe- 


rence, and agree to the reſolution. 


Chap. 5. 


In Mr. Pym's ſpeech + 1s a ſummary of all the oppreſſions 
of which the public had had reaſon to complain, during the laſt: 
twelve years; and in the Journal of the 24th of April, 1640, theſe 
are all recapitulated in a report from a Committee, appointed 
to prepare the inducements for the conference with the Lords : 
——]n p. 106, he mentions a circum- 


ſtance only “ that the temper and ſo- 
“ briety of the Houſe may be taken notice 


_ ® Vide Lords Journals. 
+ Parliamentary Hiſtory, Vol. VIII. p. 


425 


t Lord Clarendon's encomiums on the 
temper and moderation of this Parliament, 
render the Report from this Committee 
(which was agreed to by the Houſe) ſuffi- 
cient evidence of the truth of the charges 
againſt the King and his Miniſters, for 
their tyrannical behaviour during this pe- 
riod, In the firſt volume of the Hiſtory 
of the Rebellion, p. 110,—he ſays, It 
© could never be hoped that more ſober 


« and diſpaſſionate men would ever 


«© meet together in that place, or fewer 
Who brought ill purpoſes with them,” 


of, and their diſſolution, which ſhortly af- 
c ter fell out, the more lamented.” — This 
Report therefore, which is to be found at 


length in the ſecond volume of the Com- 


mons Journals, p. 11, contains a complete 
anſwer to the Compilers of the Parliamen- 


_ tary Hiſtory, and to thoſe other Hiſtorians, 


who have ſo artfully laboured to prove, that 
the Civil War was more owing to the vio- 
lent ſpirit, and illegal pretenſions of the 
Commons, than to the arbitrary meaſures 


of the Court. | b 


But 


—— — — LS — — —e—— ͤ— nent — $Y=ors fy WED. <—. r 
a — — — — —ů—ů—ů— — . — q ¶¶——— ³ wm ̃ ἄ:!l! 


— N 


Chap. 5. Concluſion. 


But this conference was never held, the King was unfortu- 
nately adviſed to diſſolve this Parliament on the 5th of May, 
much to the diſſatisfaction of the more moderate part of the 
nation; and ſo much to his Majeſty's own, that, upon recol- 
lection, Lord Clarendon ſays, he wiſhed to recall them, and 
conſulted whether he could not do it by . proclamation *,— 
Notwithſtanding all that had paſſed, the very next day after 
this Parliament was diſſolved, freſh violences of the ſame na- 
ture were committed ; Sir Henry Bellaſyſe, and Sir John Ho- 
tham were called before the Council, and, upon their refuſing 
to anſwer to queſtions about matters done in Parliament, were 
committed to the Fleet; and Mr. Crewe, who was chairman 
to the Committee on religion, was, for refuſing to deliver up 
the petitions and complaints made upon thoſe matters, com- 
mitted to the Tower +. When therefore the neceſſities of 
government, adminiſtered by the advice of the bold and daring 
Strafford, and the bigotted Archbiſhop Laud, had ſo involved 
the King, that he was again compelled within a few months, 
contrary to his own inclinations, to call another Parliament ; 
it is no wonder that they met, determined to have ample fa- 
tisfaction for theſe enormous breaches of the conſtitution. 
They had had too long experience of the King's own diſpoſi- 
tion, and of the wiſdom of his Counſellors, any longer to truſt 
the reins of government in ſuch hands ; they knew they were 
called together, not from any affection the King had taken to 
Parliaments, but, < becauſe his Miniſters were puzzled how to 
« find ſupplies 4. —They were therefore naturally led, in the 
firſt place, to ſecure their own exiſtence, and no longer to de- 
pend on the capricious temper of the King they accordingly 


209 


* Lord Clarendon's Hiſtory, Vol. I. p.111. 1 See the Sidney FRO, Vol. II. p. 
+ See Parliamentary Hiſtory, Vol. VIII. 623. 

p. 489. LE 
E e obtained 


210 Concluſion. Chap. 5. 


obtained the Act for preventing their diſſolution “: This ſe- 
curity, though it altered the Conſtitution, gave a new fpirit to 
the leading Members of the Houſe of Commons ;—all fears of 
a diſſolution being removed, they were enabled to inſiſt upon 
every meaſure, which they thought neceſſary for the ſecurity of 
the State: They had the ſatisfaction and the merit of bringing 
down juſt puniſhments on Laud and Stratford ; they aboliſhed 
the Courts of Star-Chamber and High Commiſſion ; they re- 
duced the influence of the Crown, by taking away the votes of 
the Biſhops in the Houſe of Lords.— If both fides had ſtopt 
| here, all might have been well; but ſo rooted was the jealouſy 
of the Commons againft the King, and fo averſe was the King, 
in his own nature, from ſubmitting. to any reſtraints on the 
Regal Power by his ſubjects, that no conceſfions on his part, no 
intentions for the public good on theirs, however upright, could 

induce confidence and harmony between them: Every day pro- 
duced bickerings and heats, which were probably fomented by 
deſigning perſons on both ſides, till at length the King was 
perſuaded to take the fatal ſtep of going in perſon to the Houſe: 
of Commons, and endeavouring to ſeize the Members, who: 
(he thought) had offended. him : From this day, the 4th of Ja- 
nuary, 1641, there could be no hopes of a reconciliation; the 
King foon withdrew into the North, and the Civił War be- 
gan. This violent and fatal ſtep, as it was ſubverſive of every 
idea of the Privileges of the Houſe of Commons, was the 
ſignal to all, who wiſhed: ill to the King's power, to go every 
length, however little to be juſtified by the ancient laws of the 
Conſtitution, or the rules of proceeding in Parliament. On 
the King's retiring from London, the Popular Leaders in the 


9 do not mean to approve of this mea- yet, if this Act had not been obtained, per- 
ſure — it was certainly a violent breach in haps it would have been impoſſible to op- 
the Conſtitution of this Government; and poſe the King's attempts with effect. 


Houſe 


Chap. 5. Concluſon. 211 


Houſe of Commons proceeded to take ſuch meaſures, as ap- 
peared to them to be neceſſary to protect the State from the 


revival of arbitrary power; meaſures, which however they 


might then be excuſed from the very particular circumſtances 
of the times, or juſtified by the confuſion into which the 
King's retiring from the Government had thrown the Conſti- 
tution, I cannot look upon as precedents to be followed in times 
of peace and quietneſs.— And therefore, if I ſhall ever have 
leiſure or inclination to continue this Work, I ſhall think 
myſelf obliged to paſs over every thing that occurred after this 
unhappy day, and ſhall collect only ſuch precedents as are to 
be met with in the two Parliaments of 1640, till the 4th of 
January, 1641, and then proceed directly to the Reſtoration. 


S 2 2 INDEX. 


r — os ee 


- I — 


— ä T—— 


A. 
4 DJOURNMENT of the Houſe for five months, and 
no ſuits. to be proceeded in — — — 
Alford, Sir William, returned on a jury in the Common Pleas, to 


have privilege, and a letter to be written by the Speaker to the 
Judges — — 


Arnold, maſter of the felt- makers, who in coming to prefer a bill 
to the Houſe was committed to the Fleet, to have privilege 
Arreſts, a petition of the Commons for freedom from — — 
Arundel, Lord, committed to the Tower by Charles the Iſt, the 
caſe of — — — — 


Aſſaults on Members, a * of the Commons for redreſs — 


Atwyll, Mr. a petition of the Commons for writs of ſuperſedeas 


in the caſe of — 3 


B. 
1 Sir T komas: his ſervant 1 at his maſter”: $ 1 
report of the Committee of privileges NE 


Bagot, Sir Henry, and Sir Edward Littelton, Mr. 3 to 


write a letter to the court of Chancery for the ſuppreſſing of 
depoſitions in a cauſe between — 


INDE x 


163 


181 
Bampfylde, 
( 


— 


— , 0 ER no ee — r — te 1 09 


= — 


I N D E X. 


banotvide, Sir William, committed by the Lord ee has 


Page 


privilege by writ of habeas corpus = = 132 
Barſton, Edward, ſervant to lord Chandois, the caſe of 113 and 115 
Baſſet, Mr. his caſe referred to the Committee of privileges — 162 
Belgrave, Mr. complaint of an information in the Star Chamber, 
exhibited by the Earl of Huntingdon againſt him — — 119 


Billingfley,” Henry, Privilege granted to go with his keeper to 


inſtruct his counſel. 


Bowyer, Mr. complains that he was ſerved with a ſubpcena to 
appear in Chancery 
Bowyer, Sir William, complains of a ſubpoena ſerved on him ; 
the perſon who ſerved it brought to the bar PE 
rd adi Mr. committed by the Judges of the King's Bench for 
4 contempt, a writ of habeas corpus ordered for — CARE 
Brereton, Sir William, his ſervant to have privilege — 


— 


entailing the ſucceſſion of the crown 5 

Brook, Mr. complaint made of his being arreſted by Mallorie ; 
Mallorie is diſcharged on his proteſting ignorance of Mr. 
Brook's being a Member | 

Bruerton, Mr. a ſubpœna ſerved on him ; Napper who ſerved it 
is ordered to be ſent for by the ſerjeant ms 


Bulkley, Sir Richard, ſubpoena ad rejungendum ſerved on; the 
parties ſent for 


— 4, — 


Burgeſs, who had called ſome of the parliament men Hell Hounds 


and Puritans, ordered to be ſent for by the ſerjeant 


Co 


Chancery, eccleſiaſtical proceſs ſeryed in the court of, the caſe 
of Henry de Harewedon, &c. and J. de . — 
Charles the Iſt, a ſhort character of — 
Charles the Iſt, the arbitrary proceedings i in the reign « of from 
1628 to 1640 — 
Chedder, Mr. ſervant to Sir Thomas Brooke, a petition of the 
Commons to prevent aſſaults during the Parliament, the caſe of 


* 


— : 


Bromley, Sir H. &c. committed for delivering a petition for 


*3 


Clarendon, 


rr I ca. oO — OSS „„ 


f. # : kk: 3 


Clarendon, Lord, his encomiums on the Parliament of April 1640 
Clerk, ſervant to the earl of Leiceſter, his caſe omitted by the 


clerk of the Parliament — — — 
Clerk of the Houſe, motion for Sayre, his bag-bearer, to have 
privilege — — — — 
Clerke, Walter, a member in priſon, a petition of the Commons 
in favour of — — — — i 
Coke, Sir Edward, &c. committed for aſſerting the privileges of 
the Houſe of Commons — — — 


Coke, Sir Edward, cites a precedent of the roth of Edward III. 
where the clerk of the Houſe had a ſubpœna ſerved upon him, 


and had privileges — — — — 
Coke, Sir Edward, his different behaviour in the year 1592, when 
Solicitor General to the Queen, and in 1621 — — 
Coke, Sir Edward, ſtands up, and with tears in his eyes recites 
the collect for the King and his Children — — 
Coke, Sir Edward, reports the lady Coppin's petition, that Sir 
William Cope conſents ſhe might ſue him — — 
Coke, Mr. a ſervant of his, being arreſted, the ſerjeant was ſent 
to Newgate. to bring him immediately to the Houſe — 
Colley, ſervant to a Member, has privilege — — 
Cook, Mr. a motion made for privilege in caſe of a ſubpœna out 
of the Chancery ſerved upon him — — — 


Commons, a petition of the, for freedom from arreſts — — 
Commons, a petition of the, to prevent aſſaults during the par- 
liament; the caſe of Mr. Chedder, ſervant to Sir Thomas 


Brooke — . Wa ae OP 
Commons, a petition of the, in the caſe of William Larke, ſer- 
vant to Mr. Milrede — — — 


Commons, a . of the, for ſpeedy redreſs of and in the 


Houſe — _ — 3 = 
Commons, a petition of the, for redreſs for frequent aſſaults on 


Page 
208 


115 
191 
35 


138 


168 


161 


15 


18 


22 


24 


Commons, 


— — — — eo 
. —— * 


— —ũ——h—— — 


P'S N = 
— tt > = > 2 
—— — RE a — a —— 
— 5 


——— ä — — 
— . an err 


{ 
; 
; 
: 
| 


I N I BS X. 


Page 
Commons, a petition of the, to prevent aſſaults and affrays, as 
in the caſe of Sir Thomas Parr — — — 27 
Commons, application of the, for the releaſe of Mr. Thorpe 
their Speaker — — 2 
Commons, a petition of the, for diſcharge of Mr. Hyde, a 
Member, detained in Newgate for lebt — — 14 
Commons, a petition of the, for writs of ſuperſedeas in the vaſe © 
of Mr. Atwyll — — — — 48 
Cope, Mr. the caſe of, committed for uſing ſome ſpeeches 
touching the neceſſity of a learned miniſtry — — 10 
Cornwall, earl of, the caſe of the — — — 1 
Coſins and Ryver, the caſe o ß — — — 43 
Craford, Mr. coming into the Houſe (not being a Member) i is 
admoniſhed by Mr. Speaker _. — — 191 
Croft, Sir Herbert, ſtopt by Bryan Taſh, a yeoman of the n . 
from going into the Houſe of Lords — — 186 
Cromwell, Henry, Lord, the caſe of, between him and Taverner 87 
Cromwell, Oliver, Sir Philip Warwick in his Memoirs firſt 
takes notice of him in parliament — — 185 
Crooke, Mr. complains that Sir Thomas Horwood ſaid he came 
to be a Member by bribery and corruption — — 187 
Curwen, a ſervant of the knight of the ſhire of Cumberland, 
ſues out his writ of ſuperſedeas — — 124 
D. 
Derwentwater, John de, a commiſſion from Richard the IId, to en- 
quire into a riot and aſſault made on the lands and ſervants of 126 
Digges, Sir Dudley, committed by order of the King for ex- 
preſſions uſed at a conference — — 146 
Diggs, James, ſervant to the archbiſhop of 2 . 
YT | _ — — — 113 and 114 
Donne and Walſh, the caſe of; Walſh in anfeer produces the 
| Kang's Writ — — — — 41 


E. Eliot, 


I N D E X. 
E. 
Page 

Eliot, Sir John, and Sir Dudley Digges committed, by order of 

the King, for reflecting upon the King and the Duke of Buck- 

ingham at a conference — — — 146 
Eliot, Sir John, the Houſe put a queſtion relating to him, with- 

out ordering him to withdraw — — 148 
Eliot, Sir John, a motion made for ſtay of trial in his behalf; 

a warrant ordered to go out — — — 178 
Eyms, Mr. ſubpoena delivered to, to appear in the Chancery — 75 
F. 

Ferrers, George, the caſe of, a ſervant of the King's — — 53 
Fiennes, Robert, ſervant to Lord Bindon, the caſe of — — 115 
Finch, Thomas, ſervant to Sir Michael Sandys, a priſoner in the 
Counter delivered — — — 157 
Fitzherbert, Thomas, being outlawed upon a capias utlagatum, _ 
after judgment is elected a Burgeſs ; report of the caſe — 107 
Fleet, the warden of the, committed to the Tower for refuſing 
to releaſe Sir Thomas Shirley _ — — 154 
Fleetwood, Mr. and his ſervant, complaint of their being abuſed 
by Holland and Lawrence Brook — — — 118 
Fludde's caſe, ſervant to Sir A. Wyngfylde — — 7 
G. 
Gardiner, a Burgeſs, priſoner in the F. leet, deſireth to be 
reſtored — — — — 22 
Giffard, Mr. a Member in execution; report from the Committee 
of privileges on this matter — — — 162 
Gifford, Sir Richard, complaint is made that Bryers, a regiſter, 
had affronted and threatened him — — — 1587 
F f H. Hall 


1 N 1 E X. 


TH 


Hall, Mr. the caſe of, for publiſhing a book — 2 a 


Hall, Mr. his ſervant Smalley ſet at liberty by the mace — 89 


Harewedon, Henry de, &c. and J. de Thoreſby, the caſe of — & 


Hawkins, ſervant to Sir Warwick Heale, arreſted, a habeas corpus 


ordered — — — — 158 
Hodges, and Moore; Mr. Prynn reports the caſe * — 179. 
Hogan, William, an ordinary ſervant of the Queen's, impriſoned 

upon an execution by Tolkerne — — 113 and 115 
Hotham, Sir J. or the caſe of Sir Thomas Hubbock, cited in 

the 4th regiſter. — — — — 181 
Houſe, motion for privilege for Sayre, bag-bearer to the clerk of 

the — — — — 191 


Howard, Sir Robert, excommunicated for not taking the oath 


ex officio; the matter is referred to a ſelect committee, and 


report — — — — 178 
Huntingdon, che Earl of, a ſubpœna ſerved upon by Mr. 
Beamond _ — — — 73 


Huntingdon, the Earl of, the caſe between him and Mr. Belgrave 119- 
Hyde, Mr. detained in Newgate for debt; a. petition- of the 


Commons for his diſcharge — — — 44 
I. 
James the Iſt ſends a meſſage to the Houſe of Commons relating 
to liberty and freedom of ſpeech — — — 133 
James the Iſt takes the proteſtation of the Commons out of the 
journal book — — — — 138 
James the Iſt, a true picture of the character of — — 152 


James, Mr. complaint of his being arreſted on an execution — 158 


James, Mr. complains of words uſed of him by Sir Richard 


Browne — * — — 186 


Johnſon, and n the caſe of, for an aſſault — e 
6 | : | | Johnſon, 


1 N. i E X. 

Johnſon, Sir James Whitlock's man, a very extraordinary puniſh- 
ment for arreſting of _ — — 
Jones, Sir H. complains that all his ſervants are impriſoned, 
and prays privilege — — — 
Ireland, an act of parliament of 3d Edward the IVth, relating to 
privilege of parliament — _ — 
Judges of the King's Bench commit ſeveral ſervants of Members 


for a riot, but afterwards {end them to the Houſe of Commons 
to be puniſhed — — — — 


K. 


Kent, the ſheriff of, a writ of privilege, to bring up a ſervant of 
a Member in execution, with _ _ — 
Keyſar, John, Sir Ralph Vane's ſervant, privilege granted to — 
Kingſwell, Sir William, Mr. Speaker to write a letter to the ſhe- 
riff of Hampſhire, on his having cauſed a ſeizure to be made 
of the goods of — — — — — 


1. 


Larke, William, ſervant to Mr. Milrede, a petition of the Com- 
mons in the caſe of _ — — — 
Lincoln, biſhop of, (Dr. Neil) complaint of words uſed by him, 
reflecting on the honour of the Houſe of Commons, and pro- 
ceedings thereupon _ — — — 
Lords, two bills from the, for explaining che act of James 
the Iſt, touching delivering perſons taken in execution, not 
read the firſt time — „„ — 
Lovell, Mr. complains that Dayrell had threatened his perſon; 
Mr. Crewe and Sir Edward Coke oppoſe the witneſs (becauſe 
ſhe was a woman) being called to the bar — — 
Ludlow, Sir Edmund, ſerved with a ſubpœna out of the Star 
Chamber; it is referred to the Committee of privileges — 


”" "MM 


162 
8 


183 


18 
192 
165 


187 


168 


"£0 Mallory, 


I N D E X. 


M. 


Mallory, Mr. and others, committed for aſſerting the privileges 


of the Houſe of Commons — — — 
Malton, the caſe of the prior of — — — 
Marſh, Mr. complains that Mr. Wylde had ſlandered him to the 
Drapers company of London — — 5 
Martin, Mr. the caſe of, for William White's arreſting him above 


fourteen days before the beginning of the parliament — 


Martin, Sir Harry, hath privilege in a ſuit between him and the 
biſhop of Oxford — — — — 
Martin, Mr. counſel at the Bar for the Virginia company, of- 


190 


179 


fended the Houſe by taxing the laſt parliament; he is repri- 


manded and diſcharged ſtanding — — 
Members, committed for ſpeeches uttered in parliament — 
Members, ſeveral committed for aſſerting the privileges of the 
Houſe of Commons — — — 


Members inform the Houſe that they were returned j jurors in the. 


King's Bench; they are ſpared from their attendance ; and the 


ſerjeant is commanded: to go with his mace, and deliver the 


pleaſure of the Houſe, the court then ſitting — PE 
Member; a motion made that a Member have leave to anſwer a 


petition preferred againſt him in the Houſe of Lords; the 


Member is not to anſwer; and the perſon who preferred it is 
ſent for — — — aw WE 
Member ; the Houſe 1s informed that a Member ſtood outlawed ; 


the plaintiff and attorney to be brought to the bar — — 
Member; upon. an. information- of an attachment being ſerved 


upon a Member, the perſon who ſerved its and: the plaintiff, 


are ſent for by the ſerjeant — — — 


Member; complaint of a writ iſſued in the common Pleas againſt 
a member; ordered, that if the iſſues are not diſcharged before 


the next night, the parties delinquent ſhall be brought to 
anſwer their contempt — — 


191 
133 


138 
167 


170 


173 


174 


ö NELLA 


I, . 


Member's ſervant has a cloak taken from him, and left at a ta- 


vern; the vintner and his ſervant are committed to the 
ſerjeant 
Member has a horſe taken for the uſe of the poſt; the poſt- 
maſter, and ſervant who took it, to be brought to the bar — 


Member's ſervant has privilege for his ITT diſtrained by Sir 
Nicholas Row 


Member; a perſon who had abuſed a baker was taken with a 
piſtol charged; he is committed to the Gate-houſe, and. a 


committee appointed to examine him 
M.ilrede, Mr. the caſe of his ſervant William Larke — 
Montagu, Sir Edward, warned to appear at a trial at Guildhall, 
has privilege 
Moore and Hodges, Mr. Tas reports the caſe of 
Mynne, Mr. arreſted by Tuſſard; Tuſſard to pay the ſerjeant's 

fees, and withdraw his action 


— _ — — 


N. 


Neale, Mr. complains of being arreſted upon an execution 
Niſi Prius, motion made by Mr. Harris that divers Members had 
vrits of, brought againſt them to be tried at the aſſizes, &c. 
Norton, Mr. complains that two porters had much miſuſed him 
in his attendance on the ſervice of the Houſe 
Norton, Mr. complains of Mr. Hall's book 
North, Sir H. produces a ſubpœna 


P. 

Palace, a citation ſerved in the King's, the caſe of the ear] of 
Cornwall 
Palmer, Mr. Mr. Hare, and ſeveral Members to excuſe his ap- 
pearance before the juſtices of the Common Pleas — 


Parr, Sir Thomas, a petition of the Commons to prevent aſſaults 
and affrays, as in the caſe of 


194 


166 
179 


3 


190 


27 


Parliamentary Hiſtory, compilers of, their partiality 8 G, 1 34. 148, 199 
Parliament, 


77 20 


Parliament, privilege of, an act of 3d Edward the IVth in Ireland 


relating to — — — — 
Parliament, the clerk of the, acquaints the Houſe that he had 


found four precedents of ſervants of Lords having been ar- 


reſted 3 4 4 — 


113 


Parliament, a book concerning ſome proceedings in; Sir Edward 


Coke, and other Members, to conſider whether the book is fit 


to be read in the -Houſe — — — 
Parry, Euſtace, ſervant to Sir James Scudamore, taken in exe- 
cution, has privilege, and the matter is referred to the Com- 


mittee of privileges — — — 
Paſſinore, an officer, committed to the ſerjeant for arreſting a 


Member's ſervant — — — — 
Pawlet, Sir Richard, complaint of a ſubpcena from the Exche- 


quer: the delinquent to be brought to the bar, and the 
Speaker writes a letter to the lord chief baron — — 


Pecke; Sir Edward Coke moveth, that Pecke being ordered 


by the Committee of grievances to bring in his patent, hath 


* 


contemned it . 3 . 3 


Pelham, Mr. a writ ad audiendum judicium 18 ſerved on; it is 


referred to the Committee of privileges _ 


Pemberton, a brewer, ordered to attend, and refuſing to come, 
- ſent for by the ſerjeant — — — 
Perne, Mr. affirming he is a burgeſs, but having brought no 

warrant, nor being returned by the clerk of the crown, is or- 


dered into cuſtody of the ſerjeant — _ 


Pitt, Colonel, his caſe ; Lord Hardwicke's opinion — 
Popham, Sir Francis's, inheritance; Mr. Speaker ordered to 
write a letter to the court of the duchy for a ſtay of ſuit con- 


| cerning — — 3 os 


194 


159 


158 
167 


195 


168 


935 


191 
$4 


FRY 


Pledall, Gabriel, the caſe of, who was bound in a recognizance "4 


the Star Chamber — — — RE 
Privilege of the houſe granted to. John Keyſar, ſervant to Sir 


Ralph Vane — — | — | — 


4 


9 


Privilege, 


S. . N D E X. 
Page 
Privilege, that if any burgeſs require privilege, he ſhall, upon de- 
claration, have a warrant ſigned by Mr. Speaker to obtain the 
writ — — — — — 71 
Privilege granted to H. Fludde, ſervant to Sir A. Wyngfylde — 71 
Privilege, writ of, Walter Rawley attached in the admiralty 
court, hath a warrant to obtain a — — — 75 — 
Privilege, Sir William Woodhouſe's ſervant hath a warrant for 82 
Privileges of the Houſe of Commons, Sir Edward Coke, Sir Ro- 
bert Philips, Mr. Pym, Mr. Selden, and Mr. Mallory, com- 
mitted for aſſerting the — — — 138 
Privilege, duration of, not aſcertained — — 41 and 99 
Privileges, reſolution of the Houſe of Commons comprehending 
all the — — — — 160 
Privilege, debates relating to, during a long adjournment — 159 
Proteſtation of the Houſe of Commons, 18th December, 1621 78 
Proteſtation taken out of the journal book by James the It — 138 
Puleſton, Mr. complains that Mr. Aylmer did cauſe a ſubpœna 
cout of the Star Chamber to be ſerved upon him — — 103 
Pym, Mr. and others, committed for aſſerting the privileges of 
the Houſe of Commons — — — 138 
Pym, Mr. reports from the Committee appointed to prepare 
heads for a conference with the Lords relating to certain pri- 
vileges — — — — — 197 
R. 
Rocker, Walter, attached in the ry court, hath a warrant 
to obtain a wnt of privilege — — — 75 
Remonſtrance, a complaint made that a 1 had fold a 
copy of, before preſented to the King — — 127 
Roo, v. Sadcliffe, the caſe of — — — 52 
Rolle, Mr. a ſubpœna ſerved upon him; the perſon who ſerved 
it to be ſent for — — nn — 170 
Rolle, Mr. complains of his goods being ſeized by an officer of the 
cuſtoms for dues; this complaint is referred to a ſelect committee 184 


Rolls, 


—— „— Moan. th _ 
— — ——— A —U — ls 


E 641M 


Rolls, maſter of, Trower, a ſervant of his, to attend to anſwer to 


evil words ſpoken by him againſt the Houſe — 8 
Ryver and Coſins, the caſe of; the delendant pleads the King's 


Sadcliffe, (v. Roo) the caſe of — hw cis 


Sandys, Sir Edwyn, his ſervants being committed to Newgate for 


a riot, a writ of habeas corpus is ordered for them _ 


Sandys, Sir Edwyn, committed for what he had ſaid on the re- 
port of a conference with the Lords, and proceedings there- 


— Savile, Sir John, complaint is made of Rogers abuſing him in 


ſlanderous terms ; — — FOOT 8 


Selden, Mr. and others, committed for n the privileges 
of the Houſe of Commons — — — 


Servants, Sir H. Jones complains of all his ſervants being im- 


priſoned, and prays privilege 8 = pd 


Servants, two, of Members, arreſted ; diſcharged by order of the 


Houle — — — — 
Sherry, Mr. the Houſe proceed againſt Baſhfield for a contempt 
in diſturbing him by way of an appearance — — 


Shirley, Sir Thomas, committed to the Fleet on an execution, 
the caſe of _ — — — 


Shrewſbury, lord, the caſe of his ſervant Vaughan -— — 


Smalley, Edward, Mr. Hall's ſervant, ſet at liberty by the mace 
Smyth, John, the caſe of, coming to the Houſe outlawed, and 


having deceived divers merchants — — 
Speaker, (Sir Edward Philips) writes a letter, turing an adjourn- 
ment, for excuſing Sir Edmund Ludlow and his ſon from at- 
tending a commiſſion out of the court of Chancery — — 


Speaker, Mr. abſent from illneſs 8 = . 
Speaker, Mr. his clerk to have privilege i in a cauſe depending in 
the court of wards a — 5 3 


167 
184 


172 


Speaker, 


n 


Page 


Speaker, ſeveral letters from the, to the juſtices of aſſize for the 
ſtay of trials in which Members are intereſted — — 173 
Speaker writes a letter, during an adjournment, to the Lord Pre- 
ſident and council at York, for ſtay of the proceedings of a cauſe 
depending before them, in which the tenants of Members are | 
defendants — — — 173 | 
Speaker, ordered to write a letter to the barons of the Wa 
for ſtay of a trial in which a Member was defendant — — 174 
Speaker, Mr. ordered to write a letter for ſtay of a ſuit in the Star 
Chamber, and the contempt is referred to the Committee of 
privileges — — — — 178 
St. John, Sir Oliver, a ſubpœna out of Chancery ſerved on — 165 
Stanhope, Sir Henry, committed by the council for a challenge 148 
Stepneth, Mr. ſerved with a ſubpœna out of the Star Chamber in 
parliament time, by Mr. A. Kirle — — 97 
Stepney, Mr. complains that he was ſummoned upon a ſubpœna 
in the Star Chamber; Warren, who ſerved the proceſs, com 


mitted to the ſerjeant — — — — 166 
Steward, Dr. his fervant taken up for getting a woman with 
child, has privilege — — — 132 


Strickland, Mr. the caſe of, reſtrained from coming to the Houſe, | 
for preſſing the reformation of the book of common prayer — 83 Cy 
Strickland, Sir Thomas, the Speaker moveth the Houſe that | 
Sir Thomas may be privileged in ſtay of a trial at York 
aſſizes: a letter is ordered to be written by the Speaker to Mr. 
Baron Savile — — — — 172 
Strode's Act, a general ſubſiſting 1 — 86, 126, and 206 
Stuart, Sir Simeon, ſerved with a proceſs at the ſuit of the attor- 
ney general; it is referred to the Committee of privileges to 
conſider what was fit to be done relating to a recognizance he 
was bound in; and a petition of the inhabitants of the Iſle of 
Ely, that he might be ordered to wave his privilege — 169 


G g Subpœna 


Fs | | | 
N 
85 1 ES r 
| Subpcena ſerved upon the Earl of Huntingdon by Mr. Bea- 
mond and his wife, declared to be no breach of privilege — 73 
Subpœna delivered to Mr. Eyms to appear in the Chancery "OE: 
. . Subpcena out of the Star Chamber; Mr. Puleſton complains tat: 
Mr. Aylmer did, ſince the beginning of the ſeſſion, cauſe one 
| to be ſerved on him — — — — — 103 
Subpœna, to appear in Chancery, Mr. Bowyer complains that he | 
was ſerved with a — — — — 111 
Subpcenas ad reſpondendum & ad teſtificandum, complaint made 
of ſeveral members having been ſerved with — — 118. 
Subpcenas for different purpoſes ſerved upon Members; the de- 
linquents ordered to be brought to the bar by the ſerjeant — 165 
Subpœnas are ſerved, and the parties are committed to the | 
ſerjeant — — — — 167 
Suffolk, the Earl of, information given that he had "ITY Mr. 
Selden deſerved to be hanged for raſing a record; the pro- 
ceedings thereupon — — — — 187 
Superſedeas, writs of, iſſued in favour of Members, to juſtices ons 
of aſſize, in the 8th year of Edward II. — 6 and 7 
Superſedeas, writs of, a petition of the Commons for, in the 
caſe of Mr. Atwyll — co — 48 
Superſedeas, writ of, ſued out by Curwen, a ſervant of the 
knight of the ſhire of Cumberland — — — 124 
12 
Taſh, Bryan, a yeoman of the guards, prevents Sir Herbert | 
Croft, a Member, going into the Houſe of Peers — 186 
The maſter of the Temple, a petition of, for leave to diſtrain for 
the rent of an houſe — — — 3 
Thoreſby, Mr. and Henry de Hareweden, the caſe of — — 9 
Thorpe, Mr. Speaker, the application of the Commons for the 
releaſe of — — 8 — 29 


Tracey, 


| | | Page 
Tracey, Sir John, motion for privilege, he going to be put on 
a jury at the Common Pleas — — — 111 
| Trewynnard, the caſe of - — — — 59 
Trial, ſeveral orders for ſtay of, and one of them in the King Et, 
Bench — — — — — 174 
Trial, ſtay of, a general order made relating to; it related only 
to letters to juſtices of aſſize— — — 175 
Trower, a ſervant to the maſter of the Rolls, to attend. to 
anſwer to evil words ſpoken by him againſt the Houſe — 190 
Tuſſard, who cauſed Mr. Mynne to be arreſted, to pay the ſers 
Jeant' s fees, and withdraw his action — — 74 
U. 
Vane, Sir Ralph, his ſervant, John Keyſar, has privilege granted 
5 — — — — — — 70 
Vaughan, ſervant to Lond Shrewſbury, the caſe of — — 117 
nion, a book publiſhed by the biſhop of Briſtol relating to the, 
with the proceedings of the two Houſes thereypon — 127 
W. 
Walſh, and Donne, the caſe of — — — 41 
Ward, Mr. obtains a writ of privilege out of the Chancery with- 
out a warrant from the Houſe — — — 71 
Warren, Joan de Barro, Counteſs of, citation ſerved upon her — 6 
Wentworth, Mr. Peter, Sir H. Bromley, &c. the caſe of, com- 
mitted for preferring a petition for entailing the ſucceſſion of 
the crown | — — — 105 
Woodhouſe, Sir William, his ſervant hath a warrant for privilege 82 
Wyngfylde, Sir A, his . ſervant has writs of privilege 
oranted — — wn — 70 and 71 
Y, Torke, 


9 ih. 


. 


* 


„ 


1 
V = 
I * 0 
: « 4 
4 
1 — — 


© 
„ 
. 
» 
p 
= 
+2 
» 
» PE 
* 


. 


— 


3 Page 


Torke, John, ſervant to the archbiſhop, the caſe of — 114 and 115 


Zouch, Lord, 


* * 9 
© © = % 
* 1 
. 
” 
: —_— 
= 
* 
mn d 
4 + 
6 * * 
g. 7 L 
* * - hy 
— — 
1 
4 
—— woe 
£ » +, 
- - 
* ( 
rh = «. t * 
* 
— 
1 
” 
8 
— — 


* 
v % 
d 
* * 
* 
710 
. 
vi 
. 


* 


— — 


* 

i 
«„ © * 

4% 
+ » v 

va 


2 
5 £ 
-, 
- 
— — 
2 2 * 
— 


«„ --— 


* 


2 


Z. : 


complains that William Hogan, an ordinary ſer- 
vant of the Queen, was impriſoned upon an execution. by 


Tolkerne 


nn — 
. K * a * 


1 
” * . 0 — 
£ * - 
— 
.. 
* 
* 
% - * 
* — - 
9 — 
- % * 
0 . * 
* 2 % » . 
00 af * . ws x ws "4s 
— — 
* » 
Te - S * 
* 
2 
— « 
- 
v 
. * 
* 
» 
- 
* — 
8 
1 
8 


8 


e 7 — 


. 


4a 
% 
—— 
«„ 
” 


— 113 and 115 


= 
= > 
* — — 2 _ 
[4 ” - 
| + a - — 1 
Rog 
* 
5 * + > 
* 
a oy * 
* * 
— * = . - 0 
e * 
— * # * * E * * 
* * . ” 
if 
* 
* 
© 4 
= 
& 
ws 
ag. wo 
= 


