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A62383 Memorials of the method and maner of proceedings in Parliament in passing bills Together with several rules and customs, which by long and constant practice have obtained the name of Orders of the House. Gathered by observation, and out of the journal books from the time of Edward 6. By H. S. E. C.P. Scobell, Henry, d. 1660. 1656 (1656) Wing S922; ESTC R219927 41,650 125

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inclusivè before and after every Parliament The like mention is made in several Parliaments by Members in Debate How Obtained For the maner of Obtaining this Priviledge 22. March 18. Jac. It was resolved That no protection under any mans hand of this House is good 22. Febr. 6. Edw. 6. It is Ordered If any Burgess require Priviledge for himself or his servant upon declaration thereof to the Speaker he should have a Warrant signed by Mr. Speaker to obtain the Writ 22. Febr. 18. Eliz. Aug. 1575. A report was made by the Attorney of the Dutchy from a Committee for delivery of Smaley a servant to Arthur Hall before mentioned That they found no President for setting at large by the Mace any person in arrest but onely by Writ And that by divers Presidents of Record perused by them it appears That every Knight Citizen or Burgess of this House which doth require Priviledge hath used in that Case to take a Corporal Oath before the Lord Chancellor or Lord Keeper That the party for whom such Writ is prayed came up with him and was his Servant at the time of the arrest made But on the 27. Febr. after sundry Reasons Arguments and Disputations in the House It was resolved That the said Smaley should be brought the next day to the Bar by the Serjeant and so set at Liberty by warrant of the Mace and not by Writ According to which resolution the next day Smaley was brought to the Bar in the House by the Serjeant accompanied with two Serjeants of London and was presently delivered from his Imprisonment and Execution according to the former Judgement of this House and the said Serjeants discharged of their said prisoner 2. March 1592. Upon a Report from the Committee of Priviledges and Elections That one Mr. Fitzherbert was returned a Burgess and excepted against because he was alledged to be out-lawed and detained upon such Outlawry the House Ordered That Mr. Speaker should move the Lord Keeper for an Habeas corpus cum causa to bring up the Body and Cause of Mr. Fitzherbert But the next day Sir Henry Knivet entring into a discourse touching the Priviledges of the House of ancient times used and accustomed for the conventing of any persons into this Court declared his opinion That Mr. Fitzherbert was rather to be called to appear in this House by the Serjeants Mace of this House then any Writ of the Chancery and quoted a Case of George Ferrers but was put in remembrance by Mr. Speaker That the maner for bringing Mr. Fitzherbert had received the Order of the House yesterday and was therefore now neither to be recalled nor further treated of by this House till the Appearance of the said Mr. Fitzherbert be first made in this House according to the said former Order for the same On the 7th of the same Moneth The House being acquainted by Sir Edward Hobby that the Lord Keeper having been moved for a Writ of Habeas corpus cum causa for Mr. Fitzherbert his Lordship thought it best in regard of the ancient Liberties and Priviledges of this House That the Serjeant at Arms be sent by Order of this House for the said Mr. Fitzherbert at his own charge by reason whereof he may be brought hither to the House without peril of further being arrested by the way which was also approved of Injuries offered to the Members and their Servants during the Session have been usually punished by the House upon complaint 29º Febr. 1575. One Williams for assaulting a Burgess of this House was upon complaint sent for by the Serjeant and brought to the Bar and committed to the Serjeants Ward 23º April 1º Mariae One Monington for striking William Johnson a Burgess was sent for and confessing it was committed to the Tower 28º Nov. 1601. Complaint being made by Mr. Fleetwood a Member of the House That one Holland a Scrivener and one Brooks his servant had evil intreated and beaten the servant of the said Mr. Fleetwood in his presence they were both sent for by the Serjeant and brought to the Bar and for the said Offence committed for five days to the Serjeant 12º Febr. 18º Jacobi Mr. Lovell a Member of the House informed that one Daryell threatned his person That for a Speech spoken by him in the House he should be sent to the Tower during the Parliament or presently after Daryell was sent for by the Serjeant to answer it to the House and upon testimony of it he was committed to the Serjeant till Thursday following and then to acknowledge his fault or to be committed to the Tower 16. Iune 1604. Complaint being made of one Tho Rogers a Currier dwelling in Coleman-street for abusing Sir Iohn Savill in slanderous and unseemly terms upon his proceedings as a Committee in the Bill touching Tanners c. he was sent for by the Serjeant at Arms to the Bar to answer his offence CHAP. XVI Amendment of Returns 18º JAcobi The Sheriff of Leicestershire having returned Sir Thomas Beaumont upon Report from the Committee for Elections That Sir George Hastings was duly chosen the Sheriff was ordered to return Sir George Hastings to the Clerk of the Crown and he to accept it and file it 21º Iacobi Upon Report from the Committee of Priviledges That in the Election of Mr. Iohn Maynard for Chippingham Mr. Iohn Maynard was chosen but by a mistake Charls was afterward written in stead of Iohn It was resolved The Return should be amended without a new Writ and the Question being who should amend it Resolved The Bayliff should do it and not the Clerk of the Crown and that it should be sent down to the Bayliff in the Countrey and he to return Iohn Maynard Esq the first Burgess 1º Febr. 1640. It being Resosved That the Election of Mr. Erle for one of the Burgesses of Wareham is a good Election It was Ordered That the Officer that was the Officer when the Return was made or his Deputy or the Electors should amend the Return But the next day it was Ordered That Edward Harbin the late Mayor of Wareham's Deputy should come to the Bar of the House and amend the Return 20º Febr. 1640. The Bayliff of Midhurst in Sussex came to the Bar being sent for by Order of the House and amended one of the Indentures of Return of Burgesses for that Town and the other was taken off the File FINIS The Contents CHAP. I. The maner of chusing a Speaker in Parliament Fol. 3 CHAP. II. Decorum to be observed in the House Fol. 6 CHAP. III. Standing Committees Fol. 9 CHAP. IV. Power and proceedings of the Committee for Priviledges Fol. 10 CHAP. V. Members chosen in several places Fol. 18 CHAP. VI. New Writs for Vacant Places Fol. 20 CHAP. VII Rules and Methods of Debates in the House Fol. 21 CHAP. VIII Grand Committees and their maner of Proceedings Fol. 35 CHAP. IX Publique Bills and maner of Proceeding on them Fol. 40 CHAP. X. Private Bills and Proceedings on them Fol. 66 CHAP. XI In what Cases Members are to withdraw Fol. 70 CHAP. XII Censures of Members for offensive Words or Misbehavior Fol. 72 CHAP. XIII Calling the House Fol. 84 CHAP. XIV Petitions in Parliament Fol. 87 CHAP. XV. Priviledge of Parliament Fol. 88 Subpoena ibid. Arrest Fol. 92 Vtlary ibid. Attachment ibid. Issues Fol. 93 Tryals ibid. Iuries Fol. 96 Commitment ibid. Sheriff ibid. Priviledge to Servants Fol. 97 Goods Fol. 101 In Adjournments ibid. Priviledge as well before as after the Parliament Fol. 103 For how long time before and after the Parliament Fol. 108 How obtained Fol. 110 CHAP. XVI Amendment of Returns Fol. 115 FINIS
a Contempt after the Writ of Summons but before the Election Ordered upon the Question That he shall have his Priviledge by Writ of Habeas corpus Sheriff 1º Iacobi 2d Sess Sir Iohn Peyton Knight for Cambridge being returned the last Session and since chosen Sheriff Mr. Speaker moved to know the pleasure of the House Whether he should attend his Service here And it was resolved upon the Question in the House he should attend his Service here Priviledge to Servants Priviledge was also granted to the Servants of Members during the sitting of Parliament 16º Febr. 5º Eliz. Robert Parker Servant to Sir William Woodhouse Knight for Norfolk being attached in London at the Suit of one Baker in a Trespass had a Warrant of priviledge notwithstanding Judgement given against him for Four Marks 20º Febr. 18º Eliz. 1575. Upon the Question and also upon Division of the House Edward Smaley Servant unto Arthur Hall Esq one of the Burgesses for Grantham being arrested upon an Execution had Priviledge 16º Decembr 44º Eliz. Anthony Curwen Servant to William Huddleston Esq one of the Knights of Cumberland being arrested upon a Capias ad satisfaciendum out of the Common-Pleas for Six pounds Debt and Forty shillings Damages and detained in Execution a Supersedeas was awarded and he was delivered 11º Maii 19º Iacobi The Undersheriff of Middlesex was called to the Bar for causing Alexander Melling Servant to the Chancellor of the Dutchy to be arrested he denied he knew him to be his Servant Mr. Speaker let him know the House had ordered him to have Priviledge and therefore ordereth the Undersheriff to discharge him 2. Session of the Parliament 1º Iacobi Sir Edward Sandys moveth a breach of Priviledge by Sir Robert Leigh a Justice of Peace for committing his Coachman to Newgate Sir Robert Leigh was sent for by the Serjeant and an Habeas corpus for the prisoner Sir Robert Leigh being brought to the Bar acknowledged his fault and was discharged and so was the prisoner 3º Maii 1606. Valentine Syre Servant and Bag-bearer to the Clerk of the Commons House being arrested upon an Execution was by Order and Judgement of the House enlarged 7º Sep. 1601. Woodal Servant of William Cook Esq a Member of the House being arrested and in prison in Newgate the Serjeant at Arms was presently sent to Newgate to bring him to the House sedente Curia and being brought to the Bar with his Keeper was discharged by Order of the House from his said Keeper and from his Imprisonment 1. Iuly 1607. Iohn Pasmore the Marshals man being sent for fnd brought to the Bar for arresting Iohn Iessop Waterman Servant to Sir Henry Nevil a Member of the House he denied that he knew he was Sir Henry's Servant until afterwards notwithstanding he took an Assumpsit from him to answer the Action The House thought fit to commit him to the Serjeant till the House's pleasure were further known and till he had discharged the Assumpsit and paid the Fees 17. Iune 1609. Upon a Report of the Committee for Priviledges That a menial Servant of Sir Robert Wroth was arrested eight days before this Session the Serjeant was sent for the prisoner and the Serjeant that made the arrest one King who followed it and Fisher at whose Suit he was arrested 4º Junii 19º Iacobi Johnson a Servant to Sir James Whitelock a Member of the Commons House was arrested upon an Execution by Moor and Lock who being told Sir Iames Whitelock was a Parliament man Fulk one of the prosecutors said He had known greater mens men then Sir Iames Whitelock taken from their Masters heels in Parliament time This appearing Lock and Moor were called in to the Bar and by the Judgement of the House they were sentenced 1. That at the Bar they should ask forgiveness of the House and of Sir Iames Whitelock on their knees 2. That they should both ride upon one horse bare-backed back to back from Westminster to the Exchange with papers on their breasts and this Inscription For Arresting a Servant of a Member of the Commons House of Parliament and this to be presently done sedente Curia which judgement was pronounced by Mr. Speaker against them at the Bar upon their knees 28º Aprilis 22º Iacobi A Warrant was Ordered to be issued by the Speaker for a Writ of Priviledge to bring up Andrew Bates Servant to Mr. Richard Godfrey of the House in Execution with the Sheriff of Kent at the Suit of one Hunt Goods That the Members of this House have also Priviledge for their Goods is not without some President 12. March 1606. Complaint was made by Mr. Iames a Burgess of Parliament That his horse standing at his Inn was taken by the Post-masters servant both the Post-master and his servant were sent for and brought to the Bar Moreton the Post-master appearing to be ignorant of what his servant had done and disavowing it was by Order of the House discharged But upon the testimony of a witness at the Bar that he told the servant when he took the horse That a Member of Parliament was owner of it the servant was committed In Adjournments During the Adjournment like Priviledge was granted and affirmed In December 1606. Thomas Finch a servant to Sir Nicholas Sandys Knight one of the Burgesses for Quinborough was arrested during the Adjournment which being conceived to be a great Contempt to the Priviledge of the House an Habeas corpus was awarded to bring him to the House and he was accordingly brought and also one Knight who procured the arrest and Harrison the Yeoman The excuse was Finch was an Attorney at Law yet it being avowed by Sir Nicholas Sandys that Finch lay in his house solicited his Causes and received Wages from him and it being insisted on that all menial and necessary servants are to be priviledged and instance given of a President of the Baron of Walton's Solicitor and Huddleston's Solicitor in the time of Queen Elizabeth upon the Question Finch was priviledged and delivered according to the said Presidents During that Adjournment a Suit was prosecuted in the Court of Wards against Nicholas Potts Esq and Francis Wethered Gent. Committees of a Ward which concerned Mr. Nicholas Davyes servant to the then Speaker as Assignee of the Ward The Speaker by virtue of a former general Order of the House wrote a Letter to Sir Cuthbert Pepper Surveyor of the Court of Wards and Liveries to make known to the Court That the said Davyes was one of his Clerks and nearest Servants and the Priviledge now as warrantable as in time of sitting and therefore prayed him and the Court to take notice of it During another Adjournment in March following the Speaker warranted by the like general Order at the desire of Sir Edmund Ludlow who was summoned to attend the Execution of a Commission out the Chancery wrote a Letter to the Commissioners to excuse his attendance and that he should not be prejudiced by his