tion of their orders, by the following methods; | House, under colour and pretence of law; it apnamely,

4thly, By committing those judges who have proceeded to the trial of, or pronounced sentence upon, persons entitled to the privilege of this House, for words or actions spoken or done under the protection of the privilege of this House (10).

Your Committee have selected a few cases, from among the many referred to in the margin of this Report, which, from the nature of their circumstances, or the importance of the doctrine which they illustrate, or the consequences which they produced, seemed to your Committee fit to be more fully stated than the margin would admit; and are therefore added as an Appendix. Your Committee beg leave to observe, that, in the diligent search they have made in the Journals, they have not been able to find an instance, that any court or magistrate has presumed to commit, during the sitting of parliament, an officer of the House, for executing the orders of the House.

They farther beg leave to observe, that they have not been able to find, that there has ever been an instance, wherein this House has suffered any person, committed by order of this House, to be discharged, during the same session, by any other authority whatsoever, without again committing such person.

Serjeant to repair to the Compter in Bread* street, whither the said Ferrers was carried, and there to demand the delivery of the prisoner. The serjeant went to the Compter, and declared to the clerks there, what he had in commandment; but the clerks and other officers of the city, after many high words, forcibly resisted the serjeant. Whereupon ensued a fray, in which the serjeant's man was knocked down, and the serjeant was driven to defend himself with his mace of arms. During this fray, 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 prisoner; but they took part with their officers, and gave no attention to his complaint, and contemptuously refused to deliver the prisoner. The serjeant returned to the House, and made his report of the above transaction; who thereupon would sit no longer without their burgess, but rose and repaired to the upper House, where the whole case was declared by the mouth of the Speaker, before the lord chancellor, 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 House of Commons; who, being returned to their House, ordered the serjeant to repair immediately to the sheriffs of London, and to require the delivery of the prisoner, without any writ or warrant, though the lord chancellor offered to grant a writ, which the House of Commons refused, being clearly of opinion, that all commands, and other acts proceeding from their House, were to be done and executed by their serjeant, without writ, only by shew of his mace, which was his warrant.-The sheriffs, upon this second de mand, delivered the prisoner; but the serjeant, in pursuance of his orders, charged the said sheriffs to appear before the House the following day, by eight of the clock in the morning, and to bring thither the clerks of the Compter, and such other of their officers as were parties to the fray.-The serjeant had also orders to take into custody the said White, who had procured the said arrest, in contempt of the privi lege of parliament. The sheriffs, on the next day, with one of the clerks of the Compter, who was the chief occasion of the fray, together with the said White, appeared before the House; where the Speaker charging them with their Crompton on Jurisdiction of Courts, fo. 9, 10. contempt and misdemeanor aforesaid, they were "In the 34th of Henry 8th, one George Fer-compelled to make immediate answer, without rers, a burgess for the town of Plymouth, was arrested in London, by a process out of the King's-bench, at the suit of one White; of which the House being informed, ordered the

And therefore, with regard to J. Miller, who was delivered from the custody of the messenger by the lord mayor, who for the said offence is now under the censure of the House; as it appears to your Committee, that it highly concerns the dignity and power of the House, to maintain its authority in this instance, by re-taking the said J. Miller; The Committee recommend to the consideration of the House,

Whether it may not be expedient, that the House should order, That the said J. Miller be taken into the custody of the Serjeant at Arms attending this House.

And that the Serjeant at Arms, his deputy or deputies, be strictly enjoined to call upon the magistrates, officers of the peace, and other persons, who, by the terms of the Speaker's Warrant, are required to be aiding and assisting to him in the execution thereof, for such assistance as the said Serjeant, his deputy or deputies, shall find necessary to enable him or them to take into custody the said J. Miller.

APPENDIX.

6 July 1641, vol. ii. p. 202 and 203.-Jay and Topham, 4 June 1689, vol. x. p, 64, 210, 213, and 227.-Elford, 13 and 14 April 1716, vol. xviii. p. 420; and on the 16 April the clerk of the peace was ordered to erase the name at the table,

(10) Case of the Five Members, 18 Jan. 1641, vol. ii. p. 337,-Jay and Topham, as above.

being admitted to any counsel, although sir Ro bert Cholmley, then recorder of London, and other the counsel of the city there present, offered to speak in the cause, which were all put to silence, and none suffered to speak but the parties themselves: whereupon, in conclusion, the said sheriffs and White were committed to the Tower of London; and the said clerk, who was the occasion of the fray, to a place there called Little Ease, and the officers of London call Taylor, with four other officers, who had arrested Ferrers, were committed to Newgate.

"The king, being informed of this proceeds

swer, and he claiming privilege as before, they, because he shewed no record to prove him a parliament man, pronounced him Contumax, and excommunicated him; ordering him further, he should, before the 19th of March, attend one of the Commissioners, and be bound in 3,000l. to appear the Wednesday after, and stand to the order of the court.

"Resolved, upon question, That sir Robert Howard ought to have had privilege of parlia

ing, called before him the lord chancellor of
England, and the judges, with the Speaker,
and many others of the House of Commons, to
whom he declared his opinion to this effect: He
commended their wisdom in maintaining the
privileges of their House; he, among other
things, further declared, That he was informed
by his judges, that he at no time stood so highly
in his estate royal, as in the time of parliament,
when he as head, and they as members, are
conjoined and knit together, into one body poli-ment, nem. con.
tic; so as whatsoever offence or injury, during
that time, is offered to the meanest member of
the House, is to be judged as done against his
royal person, and the whole court of parliament;
which prerogative of the court is so great (as
his learned counsel inform him) that all acts and
processes coming out of any other inferior
courts, must for the time cease, and give place
to the highest.

"Whereupon sir Edward Montagu, then lord chief justice, declared his opinion, confirming by divers reasons what the king had said; which was assented to by all the rest, none speaking to the contrary.'

This case is also referred to by sir Robert Atkyns, in his tract On the Power, Jurisdiction, and Privilege of Parliament, and in Dyer's Reports.

Sir ROBERT HOWARD'S CASE, February 17, 1625, vol. 1, p. 820.

"Motion made, where sir Robert Howard, during privilege of parliament, was excommuBicated for not taking the oath ex officio. "Resolved, upon question, to refer this to the examination of a select committee, Mr. Selden and others.

"This committee to take consideration of the restraint and excommunication of sir Robert Howard, and to make their report to the House of their proceedings and opinions therein," p.

821.

March 21, p. 839. "Mr. Selden reports from the committee, That sir Robert stood privileged by the House, when these proceedings were had against him. That upon his appearance before the court, an oath was tendered him, to answer things objected against him; he answered, he was a burgess of parliament. They pressing him notwithstanding to answer, they at length committed him close prisoner to the Fleet. Having laid two days, he petitioned the lord keeper for a corpus cum causa; and upon Mr. Bembow's certificate that he was a parliament man, the lord keeper enlarged him by the 10th of March.-That day the court of high commission pressed him again to answer; he claimed the privilege of parliament again; they (the parliament approaching) gave him tine of deliberation. On the 15th of March the parliament sat and adjourned. On the 17th of March they called him again; when he brought them the copy of the indenture of return under Bembow's hand, and the copy of the Habeas Corpus upon which he had been delivered. That, he being again pressed to an

"2ndly, Resolved, upon question, That sir Robert Howard claimed his privilege of parliament in due manner, nem. con.

"Resolved, upon question, That a day be assigned to the members of our House, and those other which are commoners, to answer in the House their proceedings against sir Robert Howard. This to be done upon Friday next,

nine o'clock.

"Those of our own members to be made acquainted with the day; for the other commoners, a warrant shall issue under Mr. Speaker his hand, for their appearance that day."

3rd May, p. 854. "Sir John Hayward called in about sir Robert Howard's business, and interrogated by Mr. Speaker, &c.

"Dr. Pope called in, and interrogated. "Mr. Mottersey, the Register, called in, and interrogated.

"Upon question, all the proceedings in the high commission court against sir Robert Howard, from the 1st of February 22 James, at which time he ought to have had his privilege of parliament, declared to be void, and ought to be vacated and annihilated.

"Secondly, upon question, whether a letter to be written, by Mr. Speaker, to the lord of Canterbury and the rest of the Lords, and others of the high commissioners, for annulling of the said proceedings? the House divided. Carried for the negative.

Upon question, sir John Hayward, Dr. Pope, and the Register, called in; and the effect of the said order declared to them by Mr. Speaker; and that the House expecteth it to be done, and to hear by Monday next that this be done; and in the mean time, the House will respite any resolution concerning themselves; and that they attend the House again on Monday morning: And the like notice to be given to Mr. Comptroller and sir H. Martyn, by the serjeant: all which was done by Mr. Speaker accordingly."

10 June, p. 869. "Sir George More informeth the House, That he was present at an high commission court, where seven bishops present; and knoweth, that then all the proceedings against sir Robert Howard, from the 1st of February, 22 Jac. were frustrated and made void. And sir H. Martyn affirmed, that the order of the House there read and allowed; and all ordered to be done there accordingly.

"Tuesday next, for full satisfaction to be given to this House, of the performance of the order concerning sir Ro. Howard."

On June 15th, the parliament was dissolved.

1661, 18 December, vol. 8, p. 335. STERLING.

CASE of

was over-ruled; the then judges ruling the Petitioner to plead in chief, and thereupon he pleaded the orders in bar to the actions; notwithstanding which plea and orders, the then judges gave judgment against him, &c.”

"Upon information given to this House, That alderman Sterling, one of the sheriffs of London, being served with an order, signed by Mr. Speaker, to discharge James Lyde, menial servant to sir Henry Herbert (who was arrested and imprisoned in the Poultry Compter) out of prison; the said sheriff refused to obey the said order, or discharge the said Lyde; but put the order up in his pocket, and said, he would answer it to the Speaker in

the House.

"Resolved, That the said sheriff Sterling be forthwith this morning sent for, in custody of the serjeant at arms, to this House, to answer his misdemeanor and breach of privilege." Dec. 19. "Resolved, That sheriff Sterling be called to the bar of this House; and shall, upon his knees, receive the reprehension of Mr. Speaker, for his contempt and breach of the order of this House; and that he be continued in the custody of the serjeant at arms, till he do cause Lyde, servant to sir Henry Herbert, to be released out of prison, without any fees or charges.

5th July, p. 209. "Colonel Birch reports from the Committee of privileges and elections, to whom the petition of J. Topham was referred, &c.

"Whereupon the House Resolved, That this House doth agree with the committee, that the judgment given by the court of King's-bench, in Easter Term, 34 Car. 2. Regis, upon the plea of John Topham, at the suit of John Jay, to the jurisdiction of that court; and also the judgments given against the said Mr. Topham, at the suit of Samuel Verdon, &c. are illegal, and a violation of the privileges of parliament, and pernicious to the rights of parliament,

"Ordered, That sir Francis Pemberton, sir Thomas Jones, and sir Francis Wythens, do attend this House, on Wednesday morning next."

19 July, p. 227. "Sir Francis Pemberton and sir Thomas Jones attending, were called in; and having been heard in their defence, were committed to the Serjeant at Arms, for their breach of the privileges of this House, by giving judgment to over-rule the plea to the jurisdiction of the court of King's-bench, in the case between Jay and Topham."

The Case of sir William Williams; against whom, after the dissolution of the parliament held at Oxford, an information was brought, by the Attorney General, in the King's-bench, in Trin. Term, 36 Car. 2, for a misdemeanor for having printed the information against Tho

"The sheriff being called in, and kneeling at the bar, Mr. Speaker gave him a grave reprehension; and told him, That some sheriffs of London, for a less offence, had been sent to the Tower; but, in regard of his loyal affections to his majesty, the House was pleased to remit his offence, upon the enlargement of the prisoner: but that he should remain in the serjeant's custody until the prisoner was released, as aforesaid." 4 June, 1675, p. m. vol. 9, p. 353. "Or-mas Dangerfield, which he had ordered to be dered, That Mr. Speaker do issue out a warrant to John Topham, esquire, serjeant at arms now attending this House, to authorize and require him, that, if any person or persons shall attempt or go about to arrest, imprison, or detain, him from executing his office, or from his attendance upon this House, to apprehend such persons, and bring them in custody to answer their breach of privilege; and to require and authorize all persons to be aiding and assisting to him

therein."

4th June, 1689, vol. 10, p. 164. “A Petition of John Topham, esquire, was read; setting forth, That he, being a serjeant at arms, and attending the House, in the year 1679 and 1680, when several orders were made and directed to the Petitioner, for the taking into his custody the several persons of sir Charles Neal, &c. &c. and others, for several misdemeanors by them committed, in breach of the privilege of the House; and after that the Commons were dissolved, the said persons, being resolved to ruin the Petitioner, did, in Hilary Term the 33rd or 34th of king Charles sue the Petitioner in the King's-bench, in several actions of trespass, battery, and false imprisonment, for taking and detaining them as aforesaid: To which actions the Petitioner pleaded to the jurisdiction of the court the said several orders; but such his plea

printed, when he was Speaker, by order of the House. Judgment passed against him on this information in the second year of king James the Second. This proceeding the Convention Parliament deemed so great a grievance, and so high an infringement of the rights of parliament, that it appears to your committee to be the principal, if not the sole, object of the first part of the eighth head of the means used by king James to subvert the laws and liberties of this kingdom as set forth in the declaration of the two Houses; which will appear evident from the account given in the journal, 8th Feb, 1688, of the forming of that declaration, the eighth head of which was at first conceived in these words; viz. "By causing informations to be brought and prosecuted in the court of King's-bench, for matters and causes cognizable only in parliament; and by divers other arbitrary and illegal courses."

11 February 1688. "To this article the Lords disagreed; and gave for a reason, because they do not fully apprehend what is meant by it, nor what instances there have been of it; which therefore they desire may be explained, if the House shall think fit to insist further on it."

12 February 1688. "The House disagree with the Lords in their amendment in leaving