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1796 Hatsell 1 Privilege of Parliament 1796_HATSELL_1 PRIVILEGE OF PARLIAMENT John Hatsell, Precedents of Proceedings in the House of Commons; With Observations. Vol. 1. Relating to Privilege of Parliament. The Third Edition. (London: ‘Printed for T. Payne, at the Mews-Gate; and T. Cadell, Jun. and W. Davies (Successors to Mr. Cadell) in the Strand. M.DCC.XCVI.’ 1796). \\Ed. Note: Research Note No. 1 titled ‘Editorial Practices’ covers the basic details of transcription and presentation of this volume of Hatsell’s Precedents of Proceedings in the House of Commons. What follows is the machine-readable edition (my MS Word, your PDF) that includes all text of the original as follows including title page/s, preface/s, table of contents and footnotes but excluding running chapter heads and index. The raw/gross word count is 84,358. Original pagination indicated by numbers within squiggly brackets { }. A very few backwards slashes \\ \\ embrace an editorial note that I crafted, including this paragraph.\\ Precedents of Proceedings in the House of Commons; With Observations. Vol. I. Relating to Privilege of Parliament. The Third Edition. London: Printed for T. Payne, at the Mews-Gate; and T. Cadell, Jun. and W. Davies (Successors to Mr. Cadell) in the Strand. M.DCC.XCVI. {iii} TO THE RIGHT HONORABLE JEREMIAH DYSON, COFFERER TO HIS MAJESTY’S HOUSEHOLD, AND ONE OF HIS MAJESTY'S MOST HONORABLE PRIVY COUNCIL THE FOLLOWING COLLECTION OF CASES OF PRIVILEGE OF PARLIAMENT, IS, WITH THE MOST SINCERE RESPECT, AND GRATITUDE INSCRIBED, BY HIS FAITHFUL, FRIEND AND SERVANT, JOHN HATSELL. {v} PREFACE TO THE FIRST EDITION The following Cases are part of a larger Collection, 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 these voluminous Collections, is, to select particular heads or titles; and, having brought together every thing that has any reference to any of these heads, to digest the whole in a chronological 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 example for those who may adopt this idea, and who may have more leisure to pursue so laborious an undertaking. {vi} The Reader will not suppose, that the Observations upon the several Cases are made with a view of declaring what the Law of Privilege is, in the in stances to which these Observations refer: they are designed merely to draw the attention of the Reader to particular points, and, in some degree, to assist him in forming his own opinion upon that question. This Work will be therefore considered only in the light of an Index, or a Chronological Abridgment of the Cases to be found upon this subject. The Publisher cannot but suppose, that, notwithstanding his most accurate search, many instances must have escaped 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 appeared to him essential for the information of the Reader. Perhaps some apology is necessary, for his having presumed, without leave or any previous notice, to inscribe this Collection to a Person, whose universal knowledge upon all subjects, which relate to the History of Parliament, will render this, and every work of this {vii} sort, to him unnecessary: But the Publisher could not prevail upon himself to omit such an opportunity of expressing to that Gentleman, and to the World, the very grateful sense he entertains of that kindness and generosity, which first placed him, even without any application on his part, in a situation, that has made it his duty to apply himself more particularly to the examination of the Journals of the House of Commons, and to studies of a similar nature. The public character of that Gentleman, his comprehensive knowledge, his acuteness of understanding, and inflexible integrity, are sufficiently known and acknowledged 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 excellent father, and a most valuable friend; they only who have the pleasure and advantage to know him intimately, know, that the warmth and benevolence of his heart, are equal to the clearness and sagacity of his head. A very ill state of health has, at present, unfortunately withdrawn this Gentleman from the service of the Public; but all who remember his abilities in {viii} Parliament, 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. Cotton-Garden, April 5, 1776. CONTENTS. CHAP. I. From the earliest Records. to the end of the Reign of Henry VIII. 1 CHAP. II. From the Reign of Henry VIII. to the end of the Reign of Queen Elizabeth 70 CHAP. III. From the Accession of James I. to the end of the Parliament of 1628 130 CHAP. IV. Additional Cases between the Year 1549, and the Year 1628 194 CHAP. V. Conclusion 200 APPENDIX 1. Apology of the Commons on 20 June 1604 77 and 137 2. Report of the Conference in 1667 touching Freedom of Speech 214 3. Report of 24 April touching Grievances 214 4. Rushworth’s Account of Charles the Ist com- ing to the House of Commons 217 {1} PRECEDENTS OF PROCEEDINGS IN THE HOUSE OF COMMONS, RELATING TO PRIVILEGE OF PARLIAMENT CHAP. I. FROM THE EARLIEST RECORDS TO THE END OF THE REIGN OF HENRY VIII. As 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 resorting to such courts, whether as judges or as parties, should 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 {2} trifling interruptions from their attendance on this important duty, but should, for a certain time, be excused from obeying any other call, not so 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.//2-1// What is the extent of these Privileges, and how long their duration, has been always uncertain, and frequently matter of dispute; nor are these points settled even at present, except in those particular instances where Acts of Parliament, or the Resolutions of either House of Parliament, 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, in which a Claim of Privilege has been made, and to examine whether it has been admitted or refused. For this purpose, as the Journals of the House of Commons are preserved 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 {3} observations as have suggested themselves to me on the circumstances of the particular Case. Case No. 01 The Case of the Master of the Temple 18 Edward I [1289/1290] 1. The first is that cited by Sir Edward Coke in the Fourth Institute, page 24, under the title "Privilege of Parliament;” The Case of the Matter of the Temple in the eighteenth year of Edward I, and is entered in the Roll of Petitions in Parliament, 18 Edward I. //3-1// The master of the order of the Temple requests that he may be able to distrain the bishop of St David’s for 30s. of annual rent, and the arrears for ten years, for a certain house in London in which he cannot distrain except during the time of parliament; and he requests that he might have permission to distrain during the time of parliament. It does not seem honourable for the king to allow members of his council to be distrained during the time of parliament: but let him distrain at some other time through the doors and windows, as is the custom. “Whereby,” says Sir Edward Coke, “it appeareth that a Member of the Parliament shall have Privilege of Parliament, not only for his servants, as is aforesaid, but for his horses, &c. or other goods distrainable.” Case No. 02 Earl of Cornwall v. Bogo de Clare 18 Edward I [1289/1290] 2. The next Case is also cited in the Fourth Institute from 18 Edward I, fol. 1. It is quoted at length in Prynn’s Fourth {4} Register, p.
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