That, upon no occasion of marriage or treaty or other request in that behalf from any foreign prince or state whatsoever, you will take away or slacken the execution of your laws against Jesuits, priests and popish recusants. To which our humble petitions... we do most humbly beseech your Majesty to vouchsafe a gracious answer. Lords' Journals, III. p. 298.

II. PRIVILEGES AND JUDICature.

1. PRIVILEGE OF FREEDOM FROM ARREST.

Case of Sir Thomas Shirley, 1604.

(a) Debates in the House of Commons, &c.

1

Die Jovis, 220 Martii 1603[-4] . . . This being a motion tending to matter of privilege was recorded with another by Mr Serjeant Shirley, touching an arrest made on the 15th of March last, . . . four days before the sitting of the parliament, upon the body of Sir Thomas Shirley, elected one of the burgesses for the borough of Steyning, . . . at the suit of one Gyles Sympson, a goldsmith, by one William Watkyns, a serjeant at mace, and Thomas Aram, his yeoman; and prayed that the body of the said Sir Thomas might be freed, according to the known privilege of the House.

Hereupon the House, in affirmation of their own privilege, assented and ordered, That a warrant according to the ancient form should be directed, under the hand of Mr Speaker, to the Clerk of the Crown, for the granting of a writ of Habeas Corpus to bring the body of the said Sir Thomas into the house ..

The form of the warrant was:

Jovis 220 Martii, 1603.

It is this day ordered and required by the Commons House of parliament that a writ of Habeas Corpus be awarded for the bringing of the body of Sir Thomas Shirley knight, one of the

1 The reference is to a motion in the case of Goodwin and Fortescue.

members of this House and now prisoner in the Fleet, into the said House, upon Tuesday next, at eight a clock in the morning, according to the ancient privilege and custom in that behalf used. And this shall be your warrant. Your loving friend, Edward Phelips, Speaker.

Directed, To my very loving friend, Sir George Coppyn knight, Clerk of the Crown in his Majesty's High Court of Chancery.

Upon this warrant issued a writ of Habeas Corpus . . .

The serjeant of the House was also commanded by the House to bring in at the same time the bodies of W. Watkyns, the serjeant, and T. Aram, his yeoman ...

...

[27 March]... This day the writ of Habeas Corpus, formerly awarded by order of the House for the bringing in of the body of Sir T. Shirley . . . was returned by the warden of the Fleet, the prisoner himself brought to the bar, and Simpson, the goldsmith, and Watkyns, the serjeant at mace, as delinquents, brought in by the serjeant of the House... Mr Speaker proposed divers questions to be answered by the said offenders . . . The case being understood by the House and the parties withdrawn, sundry learned members delivered their opinion, both in the point of privilege and in the point of law. . . The dispute ended for this day with . . . a motion that a special committee might be named for the consideration of all the questions and doubts in this case; and thereupon were named [a committee of 18]...

[After an adjournment for the Easter recess.]

[11 April]... Mr Hitcham reporteth the travel of the committees in Sir T. Shirley's case. . . Upon this report, the question was moved, . . . Whether Simpson, the serjeant, and his yeoman should be committed, viz. to the Tower, the proper prison of the House. Resolved, that they should be committed ... According to former order, a warrant for a writ of Habeas Corpus to bring in the body of Sir T. Shirley issued . . . A warrant was also directed for the bringing in of Simpson .. and Watkins, . . . to this effect:

...

Whereas Gyles Sympson and William Watkins have committed a manifest contempt against the privileges of this parliament and now remain prisoners in the Fleet, it is

Y

required by the Commons House of Parliament, that you take the bodies of the said Gyles and William into your custody and bring them into the said House upon Friday the 13th of this month at 8 a clock in the morning, to answer to such matters as shall be objected to them. And this shall be your warrant.

Directed, To my loving friend Mr Roger Wood esquire, . . . serjeant of the Commons House of Parliament.

[13 April]... Counsel in Sir T. Shirley's case came to the bar... Ordered, upon this argument, That Simpson ... and Watkins... be committed to the prison of the Tower.

[8 May]... Sir T. Shirley's case remembered by Sir John Shirley, and moved that a warrant might be directed from this House for committing the warden of the Fleet close prisoner in the Tower. Which was ordered and done in this form: Whereas the serjeant at arms, attendant upon the Commons House of Parliament, was by order and commandment sent to bring the body of Sir Thomas Shirley knight, one of the members of the House and now prisoner in the Fleet, into the said House, according to their known privilege, and the warden of the Fleet being required by the same order to deliver him did deny to do it, to the manifest contempt of the said privilege; it is this day ordered, That the serjeant shall apprehend the body of the said warden and convey him to the prison of the Tower and there deliver him to the lieutenant, with direction in the name of the House that he be committed close prisoner until the further pleasure of the House be known. And this shall be to the said serjeant and lieutenant a sufficient warrant. Edw. Phelips, Speaker.

... The warden of the Fleet was brought to the bar by the serjeant, and being charged with his obstinacy and contempt he offereth the writ of Habeas Corpus, with the return, which was read as followeth :

Jacobus Dei gratia [etc.] guardiano prisonae nostrae de le Fleet salutem. Praecipimus tibi quod habeas coram nobis, in praesenti parliamento nostro apud Westm., in die Martis octavo die instantis mensis Maii, circa horam octavam ante meridiem ejusdem diei, corpus Thomae Shirley militis, capti et in prisona nostra sub custodia tua, ut dicitur, detenti, quocunque

nomine aut cognomine idem Thomas censeatur, una cum causa captionis et detentionis ejusdem Thomae, ad respondendum super hiis quae sibi tunc ibidem objicientur, et ad faciendum ulterius et recipiendum quod per nos in parliamento nostro praedicto consideratum et ordinatum fuerit. Et hoc nullatenus omittas, sicut nobis inde respondere volueris. Et habeas ibi hoc breve. Teste meipso, apud Westm., septimo die Maii, anno regni nostri... secundo . . .

Responsum Johannis Trench armigeri, gardiani: Ego Johannes Trench armiger, gardianus prisonae Domini Regis de le Fleet, Domino Regi in parliamento suo certifico, quod istud breve adeo tarde mihi advenit quod corpus infra nominati Thomae Shirley ad diem, horam et locum infra content. habere non potui, prout interius mihi praecipitur.

[The warden was then examined at the bar and, refusing to discharge Sir T. Shirley at the bidding of the House, was committed to the Tower. The serjeant was again sent to the Fleet and in vain demanded the release of the prisoner.]

[11 May] . . . The House finding him [the warden] still perverse,... Mr Speaker pronounced his judgment (as he was formerly directed), that, as he doth increase his contempt, so the House thought fit to increase his punishment, and that their resolution was now, he should be committed to the prison called Little Ease, in the Tower [which was accordingly done.]

[15 May. The warden having at length offered to discharge his prisoner, Sir T. Shirley was released, and being admitted took the oath and his seat.]

[19 May]... The warden of the Fleet, attending at the door, was called in and, on his knees at the bar, confessed his error and presumption and professed that he was unfeignedly sorry that he had so offended this honourable House. Upon this his submission, Mr Speaker, by direction of the House, pronounced his pardon and discharge.

Commons' Journals, I. pp. 149-214.

(b) Shirley's Act.

I JAC. I. PRIVATE ACTS, CAP. 10.

An Act to secure the debt of Simpson and others, and save harmless the warden of the Fleet in Sir Thomas Shirley's case. Humbly pray the Commons of this present parliament that, whereas Thomas Shirley knight, which came by your Highness' commandment to this your present parliament, being elected and returned a burgess for the borough of Steyning in your Highness' county of Sussex, was upon the 15th day of March last past arrested by the sheriff of London at the suit of one Giles Simpson first upon an action of debt, and afterwards the same day laid and detained in execution upon a recognisance, of the nature of the statute staple, of £3000, in the prison commonly called the Compter in the Poultry in London, at the suit of the said Simpson, and from thence by Habeas Corpus was removed to your Majesty's prison of the Fleet, . . . contrary to the liberties, privilege and freedom accustomed and due to the Commons of your Highness' parliament, who have ever used to enjoy the freedom in coming to and returning from the parliament and sitting there without restraint or molestation, and it concerneth your Commons greatly to have this freedom and privilege inviolably observed; yet, to the end that no person be prejudiced or damnified hereby, May it please your Highness by the assent of the Lords spiritual and temporal and Commons in this present parliament assembled, and by the authority of the same, it may be ordained and enacted, That the said sheriff of London, the now warden of the Fleet, and all others that have had the said Thomas in custody since the said first arrest... may not nor shall in any wise be hurt, endamaged or grieved because of dismissing at large the said Thomas Shirley saving always to the said Giles Simpson and other the persons before said, at whose suit the said Thomas is detained in prison, their executions and suits at all times after the end of this present session of parliament to be taken out and prosecuted as if the said Thomas had never been arrested or taken in execution, and as if such actions had never been brought or sued against him; saving also to your Majesty's