the Officers and Persons making or procuring the same and every or any of them at his Election in any of his Majesty's Courts of Record at Westminster and shall recover double the Damages he shall sustain by reason thereof together with his full Costs of Suit And if any Officer shall willfully Like Action given the elected against Officer c. falsly c. making double Returns and the Prosecuters of such Returns Contracts Bonds c. given to procure the Return of any Members adjudged void and such Members as make or give them to procure any false or double Return forfeit 300 l. One third to the King another to the Poor of the County City c. and a third to the Informer with his Costs to be recovered by Action of Debt c. wherein no Essoign c. and but one Imparlance falsly and maliciously Return more Persons than are required to be chosen by the Writ or Precept on which any Choice is made the like Remedy against him or them and the Party or Parties that willingly procure the same or any of them by the Party grieved at his Election All Contracts Promises Bonds and Securities whatsoever hereafter made or given to procure any Return of any Member to Parliament or any thing relating thereunto shall be adjudged void and whoever makes or gives such Contract Security Promise or Bond or any Gift or Reward to procure such false or double Return shall forseit the Sum of 300 l. one third part to his Majesty another third part to the Poor of the County City Borough or Place concerned England and one third part to the Informer with his Costs to be recovered in any Court of Record at Westminster by Action of Debt Bill Plaint or Information wherein no Essoign Protection or Wager of Law shall be allowed nor more than one Imparlance The Clerk of the Crown to keep a Book of Entry of every single and double Return Clerk of the Crown to keep Books of Entry of Returns c. and of every Alteration and Amendment in every such Return whereto all Persons are to have access and take Copies of so much as desir'd at a reasonable Fee The Parties prosecuting such Suit Candidates may give such Book or a true Copy thereof in Evidence and have like Advantage as by producing the Record itself And if the Clerk of the Crown makes not such Entry within six Days after any Return or alters any Return without Order of the House of Commons or gives a Certificate of any Person not returned or wilfully neglects or omits his Duty herein he shall forfeit 500 l. for each Offence to the parth grieved Candidate to be recovered as aforesaid and lose his Office and be for ever incapable of holding it Every Information or Action upon this Statute England shall be brought within two Years after the cause of Action shall arise Informations or Actions on this Statute to be brought within 2 Years and not after That upon every Election to be made of any Knight or Knights of the Shire in case a Poll shall be requir'd the Sheriff or his Under-Sheriff shall appoint for each Candidate such one Person as shall be nominated to him by each Candidate Candidates for Knights of the Shire may nominate Persons to be Inspectors of the Poll and may require each Freeholder to be sworn before admitted to Poll. to be Inspectors of every Clerk who shall be appointed for taking the Poll and every Freeholder before he is admitted to Poll at the same Election shall if required by the Candidates or any of them first take the Oath in this Act contained Vide ante And if any Person do unlawfully and corruptly procure or suborn any Freeholder or Person to take the said Oath in order to be Polled Any Person procuring a Freeholder or other to take the Oath for the Poll whereby he commits Perjury and convicted of such Subornation for every Offence forfeits 40 l. and be incapacitated as a Witness till such Judgment reversed and for want of 40 l. imprisoned half a Year and stand in the Pillory an Hour per Stat. 5 Eliz. ch 9. whereby he shall commit wilful and corrupt Perjury and shall be thereof convicted he for every such Offence shall incur the like Pains and Penalties as are in and by one Act made in the 5th Elizabeth c. enacted against all such who shall c. Suboru or Procure any Person to commit any unlawful and corrupt Perjury contrary to the said Act. England The said Sheriff Without the Candidates consent the County Court not to be adjourned from the place of Election nor the Poll discontinued or in his Absence his Under-Sheriff or such as he shall depute shall not adjourn the County-Court from the Place of Election to any other Town or Place within the same County without consent of the Candidates but shall duly and orderly proceed to take the Poll from Day to Day and Time to Time without any further or other Adjournment without the Consent of the Candidates for such Adjournment Every Sheriff Any Person may demand a Copy of any Poll which the Sheriffs Mayors c. are required to deliver paying reasonably for writing it To each Party grieved Mayors Sheriffs c. for every wilful offence forfeit 500 l. to be recover'd by such Party his Executors or Administrators with full Costs by Action of Debt c. wherein no Essoign c. Under-Sheriff Mayor Bailiff and other Officer to whom the Execution of any Writ or Precept shall belong for the electing Members to Parliament shall forthwith deliver to such Person or Persons as shall desire the same a Copy of the Poll taken at such Election paying only a reasonable Charge for writing And every Sheriff Under-Sheriff Mayor Bailiff and other Officer to whom the Execution of any Writ or Precept for electing Members to Parliament doth belong for every wilful Offence contrary to this Act shall forfeit to every Party so aggrieved the Sum of 500 l. to be recovered by him or them England his or their Executors or Administrators together with full Costs of Suit and for which he or they may Sue by Action of Debt Bill Plaint or Information in any Court at Westminster wherein no Essoign Protection Wager of Law Privilege or Imparlance shall be allowed No Person shall be capable of being elected a Member to Parliament who is not of the Age of 21 Years None shall be elected under the age of 21 Years The choice of any elected under that Age declared void and such Minor sitting c. in Parliament shall incur like Penalties as if sitting c. unchosen or returned and every Election or Return of any Person under that Age is declared Null and Void And if any such Minor chosen shall presume to sit or vote in Parliament he shall incur such Penalties and Forfeitures as if he had presumed to Sit and Vote in Parliament without being chosen or returned The Sheriff of
made in like Manner and Form to all Intents Constructions and Purposes as is used within the County Palatine of Lancaster or any other County and City within England which said Knights and Burgesses and every of them shall be returned by the said Sheriff into the Chancery of England in due Form and upon like Pains as is ordained that the Sheriff or Sheriffs of any other County should make their Return England Sheriff of Chester to make like Returns and on like Pains as other Sheriffs That the Burgesses of all Cities Stat. 35 H. 8. c. 11. Mayors Bailiffs c. of the twelve Shire-Towns in Wales and of Monmouth-Shire shall summon the Burgesses as well of all other Cities Boroughs and Towns in those Counties as of Burgesses of those Towns themselves to come to Elections Boroughs and Towns in the twelve Shires within Wales and County of Monmouth not finding Burgesses for the Parliament themselves and contributary to Wages of Burgesses of such Shire Towns shall be lawfully admonished by Proclamation or otherwise by the Mayors Bailiffs and other Head Officers of the said Towns or by one of them to come and give their Elections for the Electing the said Burgesses at such Time and Place lawful and reasonable as shall be assigned for the same by the said Mayors Bailiffs and other Head Officers of the said Shire Towns or by one of them That the County Palatine of Durham may have two Knights for the same County St. 25 C. 2. c. 9. Writ of Election under the Great Seal for Elections in Durham to be directed to the Bishop of Durham c. and his Precept thereon to the Sheriff of that County and the City of Durham two Citizens to be Burgesses for the same City to be elected by Writ to be awarded by the Lord Chancellor or Lord Keeper to the Lord Bishop of Durham or his Temporal Chancellor of the said County England and a Precept to be thereupon grounded and made by the said Lord Bishop or his Temporal Chancellor to the Sheriff of the said County and the same Election to be made in Manner following viz. the Elections of the Knights to be made by the greater Number of the Freeholders of the said County Palatine which shall be present at such Elections as is used in other Counties of this Kingdom and that the Election of the said Burgesses for the City of Durham to be made by the major part of the Mayor Aldermen and Freemen of the said City which shall be present at such Elections which said Knights and Burgesses Sherish of Durham to make like Returns and under like Pains as other Sheriffs St. 7 and 8 W. 3. c. 7. continued by St. 12 and 13 W. 3. c. 5. False Returns illegal and prohibited and all made contrary to the last Determination of the Right of Election in the House of Commons adjudged a false Return so elected shall be returned by the said Sheriff into the Chancery in due Form and upon the like Pains as be ordained for the Sheriff or Sheriffs of any other County in like Cases That all false Returns wilfully made of any Knight of the Shire Citizen Burgess Baron of the Cinque-Ports or other Members are against Law and are hereby prohibited and in case that any Person or Persons shall return any Member for any County City Borough Cinque-Port or Place contrary to the last Determination in the House of Commons of the Right of Election in such County England City Borough Cinque-Port or Place such Return is hereby adjudged a false Return The Party so grieved to wit He that shall be duly elected for any County Officers c. making such false Return liable to an Action at the Suit of any duly elected in any of the Courts at Westminster with double Damages and full Costs City Borough Cinque-Port or Place by such false Return may sue the Officers and Persons making or procuring the same and every or any of them at his Election in any Court of Record at Westminster and shall recover double Damages with his full Costs Any Officer that shall wilfully Officers c. falsly c. making double Returns liable to the like Action falsly and maliciously return more Persons than are required to be chosen by the Writ or Precept on which any Choice is made the like Remedy may be had against him or them and the Party or Parties that willingly procure the same by the Party grieved All Contracts Contracts Bonds c. given to procure the Return of any Member adjudged void and such as make or give them to procure any false or double Return forfeit 300 l. one third to the King another to the Poor of the County City c. and a third to the Informer with his Costs to be recovered by Action of Debt c. wherein no Essoign c. Promises Bonds and Securities whatsoever hereafter made or given to procure any Return of any Member or any thing relating thereto be adjudged void and that whoever makes or gives such Contract Security Promise or Bond or any Gift or Reward to procure such false or double Return England shall forfeit 300 l. one third Part to his Majesty another third Part to the Poor of the County City Borough or Place concern'd and one third Part to the Informer with his Costs to be recovered in any Court of Record at Westminster by Action of Debt Bill Plaint or Information wherein no Essoign Protection or Wager of Law allowed nor more than one Imparlance The Clerk of the Crown to keep a Book of Entry of every single and double Return and of every Alteration and Amendment in every such Return whereto all Persons to have Access and take Copies of so much as desired at a reasonable Fee And if the Clerk of the Crown makes not such Entry in Six Days after any Return or alters any Return without Order of the House of Commons or gives a Certificate of any Person not returned or wilfully neglects or omits his Duty herein to forfeit 500 l. for each Offence to the Party grieved to be recovered as aforesaid and lose his Office England and be for ever incapable of holding it Every Information or Action brought upon this Statute Informations or Actions on this Statute to be brought within two Years after the Cause shall be brought within the Space of two Years after the Cause of Action shall arise That when any New Parliament shall at any Time hereafter be Summoned or called Staf. 8 W. 3. c. 25. Writs of Summons to Parliament to have forty Days between the Teste and Returns and be issued with all Expedition and delivered to the proper Officer to whom its Execution belongs who shall indorse thereon the Day he received it and within three Days issue out his Precept to the like proper Officer of each Borough c. who shall also indorse the Day of his Receipt of the Precept in the former's Presence and proceed to Election in
by him commenced he shall not be barred by any Statute of Limitation nor non-suited dismist or his Suit discontinued for want of Prosecution but shall from Time to Time on the rising of the Parliament be at Liberty to proceed to Judgment and Execution Sect. IV. That no Action Suit Process Order Judgment Decree or Proceedings in Law or Equity against the King's original and immediate Debtor for Recovery or obtaining of any Debt or Duty originally and immediately due or payable to his Majesty his Heirs or Successors or against any Accomptant or Person answerable or liable to render an Account to his Majesty his Heirs or Successors for any Part or Branch of their Revenues or other original and immediate Debt or Duty or the Execution of any such Process Order Judgment Decree or Proceedings shall be impeached stayed or delayed by or under the Colour or Pretence of Parliament Yet so that that the Person of any such Debtor or Accomptant or Person answerable or liable to account being a Peer of this Realm or Lord of Parliament shall not be liable to be arrested or imprisoned by or upon any such Suit Process Order Judgment c. or being a Member of the House of Parliament shall not during the Continuance of the Privilege of Parliament be arrested or imprisoned by or upon any such Order Judgment Decree Process or Proceedings Sect. V. Provided That this Act or any Thing therein shall not extend to give any Jurisdiction Power or Authority to any Court to hold Plea in any real or mixed Action in any other Manner than it might have been done before the making of this Act. Jovis Bohun's Collection pag. 27. 13 Feb. 1700. Resolved That no Member have any Privilege in any Case where he is only a Trustee Resolved Nem. Cont. That no Peer of the Realm hath any Right to vote in the Election of any Member to serve in Parliament And Declared by the House as a standing Order Ibid. That no Member have any Privilege except for his Person only against any Commoner in any Suit or Proceeding at Law or Equity for any longer Time than the House shall be actually sitting for the Dispatch of Business in Parliament Martii Ibid. pag. 230. 28 Nov. 1699. Resolved That no Member of this House acting as a Publick Officer hath any Privilege of Parliament touching any Matter done in Execution of his Office APPENDIX The Report of a Case happening in Parliament in the first Year of King James the First which was the Case of Sir Francis Goodwyn and Sir John Fortescue for the Knights Place in Parliament for the County of Bucks Translated out of the French IN this Case after that Sir Francis Goodwyn was elected Knight with one Sir William Fleetwood for the said County which Election was freely made for him in the County and Sir John Fortescue refused notwithstanding that the Gentlemen of the best Rank put him up the said Sir John Fortescue complained to the King and Council-Table he being one of them to wit one of the Privy Council that he had been injuriously dealt with in that Election which does not appear to be true But to exclude Sir Francis Goodwyn from being one of the Parliament it was objected against him That he was Outlawed in Debt which was true scilicet he was outlawed for sixty Pound the 31st of Queen Elizabeth at the Suit of one Johnson which Debt was paid and also the 39th of Eliz. at the Suit of one Hacker for sixtteen Pounds which Debt was also paid and that notwithstanding this the King by the Advice of his Council at Law and by the Advice of his Judges took Cognisance of these Outlawries and directed another Writ to the Sheriff of the said County to elect another Knight in the Place of the said Sir Francis Goodwyn which Writ bore Date before the Return of the former And this Writ recites N. B. Here the King assumes the Power of judging and determining the 〈◊〉 of Members Parliament Sed 〈◊〉 That because the said Sir Francis was outlawed prout Domino Regi constabat de Recordo and for other good Considerations which were well cognisant to the King and because he was Inidonious for the Business of the Parliament therefore the King commanded the Sheriff to elect one other Knight in his Room which Writ was executed accordingly and Sir John Fortescue elected And at last Day of the Return to wit the first Day of the Parliament both Writs were return'd the first with the Indenture sealed between the Sheriff and the Freeholders of Bucks in which Sir Francis Goodwyn and Sir William Fleetwood were elected Knights for the Parliament and also the Sheriff returned upon the Dorse of the Writ That the said Sir Francis was outlawed in two several Outlawries and therefore was not a meet Person to be a Member of the Parliament House The second Writ was returned with an Indenture only in which it was recited That Sir John Fortescue by reason of the second Writ was elected Knight Both these Returns were brought the third Sitting of the Parliament to the Parliament House by Sir George Copping being Clerk of the Crown And after that the Writs and Returns of them were read it was debated in Parliament Whether Sir Francis Goodwyn should be received as Knight for the Parliament or Sir John Fortescue And the Court of Parliament after a long Debate thereupon gave Judgment That Sir Francis Goodwyn should be received And their Reasons were these First because they took the Law to be That an Outlawry in Personal Actions was no Cause to disable any Person from being a Member of Parliament and it was said That this was ruled in Parliament 35th of Queen Elizabeth in the Parliament House in a Case for one Fitz-Herbert Another Precedent was 39 H. 6. Secondly The Pardons of the 39th of Queen Eliz. and 43 Eliz. had pardoned those Outlawries and therefore as they said he was a Man able against all the World but against the Party Creditor and against him he was not But in this Case the Parties were paid Also Thirdly it was said That Sir Francis Goodwyn was not legally outlawed because no Proclamation was issued forth to the County of Bucks where he was Commorant and Resiant And therefore the Outlawry being in the Hustings in London and Sir Francis Goodwyn being Comorant in Bucks the Outlawry no Proclamation issuing to the County of Bucks was void by the Statute of the 31st of the Queen which in such Cases makes the Outlawries void Fourthly It was said that the Outlawries were 1. Against Francis Goodwyn Esq 2. Against Francis Goodwyn Gent. And 3. The Return was of Francis Goodwyn Knight Et quomodo constant that those Outlawries were against the said Sir Francis Goodwyn For these Reasons also they resolved That the Outlawries were not any Matter against Sir Francis Goodwyn to disenable him to be a Knight for the County of Bucks Fifthly It was said That by the Statute
coming to the Lower House of Parliament told them Hebert's Hen. 8.136 That he desired to reason with them who opposed his Demands But being answered That it was the Order of that House to hear and not to reason but among themselves the Cardinal departed If any sit in the House Scobel 84. who are not returned by the Clerk of the Crown in Chancery it is accounted a great Crime and severely punished 5 Mar. 1557. 4 5 Ph. Mar. For that Christopher Pern affirmed Ibid. That he is returned a Burgess for Plimpton in Devon and hath brought no Warrant thereof to the House nor is returned hither by the Clerk of the Crown by Book or Warrant he is awarded to be in the Custody of the Serjeant till the House have further considered 13 Eliz. 1571. The House was called Sir Simon d'Ewe 's Jour 156. Col. 1 2. and thereupon Edward Lewknor John Bullock Nicholas Plumtree Edward Goodwyn and John Garnons were commanded to attend the Order of this House To-morrow for that the House being this Day called they had entered into the House and had not as then been returned by the Clerk of the Crown except Garnons whose Case is for that he is said to be excommunicated 9 Jan. 1562. Scobel 85. For that it seemed to the House being very full that there were a greater Number than was returned therefore the Names were immediately called over and as they were called departed out of the House 7 Feb. 1588. Ibid. The House was called and every one answered to his Name and departed out of the House as they were called Chiefly the Calling of the House is Ibid. to discover what Members are absent without Leave of the House or just Cause in which Case Fines have been imposed If the House be called Ibid. the Manner has been to call over the Names and each Member to stand up at the Mention of his Name uncovering his Head Such as are present are marked and the Defaulters called over again the same Day sometimes the Day after sometimes summon'd sometimes sent for by the Serjeant Upon calling the House Ibid. if the Person be present he riseth up bare-headed and answereth if absent he is either excused and so entered Licentiatur per speciale Servitium excusatur ex gratiâ or aegrotat or if none excuse him he is entered Deficit That no Man may sit in the House Id. 86. Vide Sir Simon d'Ewe's Jeur. passim till he be legally returned appears by several Instances of Persons who were not Members and for coming into the House were brought to the Bar and some committed and some sworn before they departed to keep secret what they had heard there 5 April 1571. Sir Simon d'Ewe 's Jour 156. Col. 1. 13 Eliz. Thomas Clerk and Anthony Bull of the Inner Temple London Gent. were by this House committed to the Serjeant's Ward until further Order should be taken with them for that they presumed to enter into this House and were no Members of the same as themselves at the Bar confessed 18 Eliz. 1575. Charles Johuson Id. 248. Col. 1. of the Inner Temple Gent. committed to the Serjeant's Ward till surther Order be taken by this House for coming into this House this present Day the House sitting confessing himself to be no Member of this House 27 Eliz. 1584. Charles Morgan Gent. Id. 334. Col. 1. Servant to Sir George Cary Knight of a Shire being himself no Member of this House was found to be standing within the House next to the Door and as it was thought of meer Ignorance and Simplicity without any evil Purpose or Meaning and yet was committed by Order of the House to the Serjeant's Ward 30 Nov. Eodem An. Richard Robinson being found to be sitting in the House by the space of two Hours Ibid. Col. 1. while several Speeches were made was stripp'd to his Shirt and his Pockets searched and being brought to the Bar was censured by the House after taking the Oaths to suffer Imprisonment in the Serjeant's Ward till Saturday next and then having sworn to keep secret what he had heard to be released 28 Eliz. 1586. Id. 394. Col. 2. Edmund Moor and John Turner presumed to come into the House being no Members and upon their Submission discharged because it was done of Simplicity and meer Ignorance Id. 394. Col. 2. So John Legg Vide Id. 486. Col. 2. So Matthew Jones Id. 511. Col. 1. So William Hanner Id. 288. Col. 2 Petitions are usually presented by Members of the same County Scobel 87. If they be concerning private Persons they are to be subscribed and the Persons presenting them called in to the Bar to avow the Substance of the Petition especially if it be a Complaint against any 18 Nov. 1640. Ibid. One Vivers presenting a Petition in the Name of the Mayor Aldermen Burgesses and other Inhabitants of Banbury was called in and did acknowledge the Hand to the Petition to be his and that he did deliver it by Order and on Behalf of the Town of Banbury and thereupon it was committed The like in the same Parliament Ibid. upon reading the Petition of one Ward of Salop and likewise on reading the Petition of Henry Hogan Though Freedom of Speech and Debates Scobel 72. be an undoubted Privilege of the House yet whatsoever is spoken in the House is subject to the Censure of the House Though the Committee examine not upon Oath Id. 17. yet they may punish any that shall testify untruly In the Parliament Hakewel 93. if the greatest Part of the Knights of the Shire do assent to the making of an Act of Praliament and the lesser Part will not agree to it yet this is a good Act or Statute to last in perpetuum and that the Law of Majoris partis is so in all Councils Elections c. both by the Rules of the Common Law and the Civil Tenants d'ancient Baronies sont discharge de Contribution al Gages de Chivaliers del Parliament Moor fol. 768. quia lour Seigneurs servent pur eux in Parliament i. e. Tenants in antient Demeasn Tenants of ancient Baronies are discharged from Contribution to the Wages of Knights of Parliament because their Lords serve for them in Parliament April Scobel 14. 1640. It was ordered by the Commons That if any sit in that House that are returned by more Indentures then usual they should withdraw till the Committee for Privileges had sarther ordered In the Beginning of every Parliament Id. 40. some Persons have been appointed to consider of such Laws as had Continuance to the present Session whether they were fit to be coutinued or determined as also of former Statutes repealed or discontinued whether fit to be revived and what are fit to be repealed Any Member of the House may offer a Bill for publick good Ibid. except it be for imposing a Tax which is not to be done but by Order of the House first had A private Bill that concerns a particular Person Id. 41. is not to be
agreed That regularly he cannot be compelled out of Parliament to answer Things done in Parliament in a Parliamentary Course but it is otherwise where Things are done exorbitantly for those are not the Acts of the Court. No Privilege is allowable in Case of the Peace betwixt private Men 2 Nalson 450. much more in Case of the Peace of the Kingdom Privilege cannot be pleaded against an Indictment for any Thing done out of Parliament Ibid. because all Indictments are contra Pacem Domini Regis Privilege of Parliament is granted in regard of the Service of the Commonwealth Ibid. and is not to be used to the Danger of the Commonwealth All Privilege of Parliament is in the Power of Parliament Ibid. and is a Restraint to the Proceedings of other inferior Courts but is no Restraint to the Proceedings of Parliament 16 Car. 1 Resolved Rush 2 vol. 2d Part. 1147. That the Lords voting the propounding and declaring Matter of Supply before it was moved in the House of Commons was a Breach of Privilege of the House Dec. 1641. Resolved 2 Nalson 729. That the setting of any Guards about this House without the Consent of the House is a Breach of the Privilege of this House and that therefore such Guards ought to be dismissed Resolved upon the Question Id. 743. Nemine Contradicente That the Privileges of Parliament were broken by his Majesty's taking Notice of the Bill for suppressing of Soldiers being in agitation in both Houses and not agreed on Resolved upon the Question Ibid. Nemine Contradicente That his Majesty in propounding a Limitation and provisional Clause to be added to the Bill before it was presented to him by the Consent of both Houses was a Breach of the Privilege of Parliament Resolved upon the Question Ibid. Nem. Con. That his Majesty expressing his Displeasure against some Persons for Matters moved in the Parliament during the Debate and Preparation of that Bill was a Breach of the Privilege of Parliament Whereas his Majesty 2 Nalson 823. in his Royal Person the 4th of Jan. 1641. did come to the House of Commons with a great Multitude of Men armed in a warlike Manner with Halberts Swords and Pistols who came up to the very Door of the House and placed themselves there and in other Places and Passages near to the House to the great Terror and Disturbance of the Members then there sitting and according to their Duty in a peaceable and orderly Manner treating of the great Affairs of both Kingdoms of England and Ireland and his Majesty having placed himself in the Speaker's Chair did demand the Persons of divers Members of the House to be delivered unto him It was thereupon declared by the House of Commons Ibid. That the same is a high Breach of the Rights and Privileges of Parliament and inconsistent with the Liberty and Freedom thereof and therefore the House doth conceive they could not with Safety of their own Presons or the Indemnities of the Rights and Privileges of Parliament sit there any longer without a full Vindication of so high a Breach of Privilege and a sufficient Guard wherein they might confide The Lords cannot proceed against a Commoner Sleden's Jud. p. 84. but upon a Complaint of the Commons But Note as to Freedom from Suits and Arrests Stat. 12 13. Wil. 111. that in the Parliament of 12 13 William the Third an Act passed entitled An Act for preventing any Inconveniencies that may happen by Privilege of Parliament Which enacts Sect. I. That any Person may prosecute any Peer of this Realm or Lord of Parliament or any of the Knights Citizens and Burgess of the House of Commons for the Time being or their or any of their menial or other Servants or any other Person entitled to the Privilege of Parliament in any of the Courts of Record at Westminster or high Court of Chancery or Court of Exchequer or the Dutchy Court of Lancaster and in the Court of Admiralty and in all Causes Matrimonal and Testamentary in the Court of Arches the Prerogative Courts of Canterbury and York and the Delegates and in all Courts of Appeal from and after the Dissolution or Prorogation of any Parliament until a new Parliament shall meet or the same be reassembled And from and after any Adjournment of both Houses for above fourteen Days until both Houses shall meet or reassemble And that the said Courts respectively shall and may after such Dissolution Prorogation or Adjournment proceed to give Judgment and make final Orders Decrees and Sentences and award Execution thereon any Privilege of Parliament to the contrary notwithstanding Sect. II. Provides against subjecting the Person of any Knight Citizen or Burgess or any other intitled to the Privilege of Parliament to be arrested during the Time of Privilege Nevertheless allowing the Liberty that any Person having Cause Action or Complaint against any Peer of the Realm or Lord of Parliament so that after any Dissolution Prorogation or Adjournment as aforesaid or and before any Session of Parliament or Meeting of both Houses as aforesaid shall and may have such Process out of the Courts of King's Bench Common Pleas and Exchequer against such Peer or Lord of Parliament as he might have had against him out of the Time of Privilege And if any Person having Cause of Action against any of the said Knights Citizens or Burgesses or any other intitled to Privilege after any such Dissolution Prorogation or Adjournment or before any such Sessions or Meeting of both Houses ut supra he shall and may prosecute such Knight Citizen or Burgess or other such privileged Person in the said Courts of King's Bench Common Pleas or Exchequer by original Bill and Summons Attachment and Distress infinite out of the same Courts who are respectively impower'd to issue the same against him or them until the Defendant shall enter a Common Appearance or file Common Bail to the Action according to the Course of each Court. And that any Person having Cause of Suit or Complaint may in the Time aforesaid exhibit any Bill of Complaint against any Peer of the Realm or Lord of Parliament or against any Knight Citizen or Burgess or other Person so intitled to Privilege in the Chancery Exchequer or Dutchy Court and proceed thereon by Letter or Subpoena as usual And upon leaving a Copy of the Bill with the Defendant or at his House or Lodging or last Place of Abode may proceed thereon and for Want of an Appearance or Answer or for Non-Performance of any Order or Decree or for Breach thereof may sequester the real or personal Estate of the Party as is used and practised where the Defendant is a Peer of the Realm but shall not arrest or imprison the Body of any of the said Knights Citizens or Burgesses or other privileged Person during the Continuance of Privilege of Parliament Sect. III. That where any Person by reason of Privilege of Parliament is stayed or prevented from prosecuting any Suit