1818 Hatsell 1 Privilege of Parliament
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1818_HATSELL_1 PRIVILEGE OF PARLIAMENT [John Hatsell] Precedents of Proceedings in the House of Commons; Under Separate Titles. With Observations. In Four Volumes. Vol. I. Relating To Privilege Of Parliament; From The Earliest Records, To The Year 1628: With Observations Upon The Reign Of Car. I. From 1628 To 4 January 1641. A New Edition, with Additions. (London: Printed by Luke Hansard and Sons, Near Lincoln’s-Inn Fields and Sold by Payne and Foss, Pall-Mall; Cadell and Davies, in the Strand, and Clarke and Sons, Portugal-Street, Lincoln’s-Inn. 1818). \\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 101,989. Original pagination indicated by numbers within squiggly brackets { }. A very few backwards slashes \\ \\ embrace an editorial note that I crafted, including this paragraph.\\ {iii} PRECEDENTS OF PROCEEDINGS IN THE HOUSE OF COMMONS; WITH OBSERVATIONS. _____________ IN FOUR VOLUMES: VOL. I.—PRIVILEGE OF PARLIAMENT. VOL. II.—MEMBERS, SPEAKER, &c. VOL. III.—LORDS, AND SUPPLY. VOL. IV.—CONFERENCE, AND IMPEACHMENT. -------------------- A NEW EDITION, WITH ADDITIONS. ------------------- LONDON: PRINTED BY LUKE HANSARD AND SONS, NEAR LINCOLN’S-INN FIELDS AND SOLD BY PAYNE AND FOSS, PALL-MALL; CADELL AND DAVIES, IN THE STRAND, AND CLARKE AND SONS, PORTUGAL-STREET, LINCOLN’S-INN. ------------------- 1818. {iv} TO THE RIGHT HONORABLE CHARLES BARON COLCHESTER, ONE OF HIS MAJESTY’S MOST HONOURABLE PRIVY COUNCIL &c. &c. &c. THIS NEW EDITION OF PARLIAMENTARY PRECEDENTS, IS, WITH THE GREATEST RESPECT, INSCRIBED, BY HIS FAITHFUL FRIEND AND OBEDIENT HUMBLE SERVANT, JOHN HATSELL. {v} PREFACE TO A NEW EDITION OF PRECEDENTS OF PARLIAMENTARY PROCEEDINGS It is now above Forty Years since the publication of the First Volume of this Work; and more than Twenty Years have elapsed, since the whole, in Four Volumes, has been submitted to the Public.—Within that time, many Cases have occurred, and several Acts of Parliament have been passed, which, in some instances have explained and illustrated, in others have made an alteration in the Law of Parliament, as it was then to be collected from the Precedents referred to under the several Titles. This consideration alone would be a sufficient reason for publishing a New Edition of this Work; but whoever has leisure to compare these Volumes with the former, will immediately perceive the advantages, which they derive from {vi} the Notes and Observations, that have been communicated to the Editor by the Right Honourable Charles Abbot, late Speaker of The House of Commons, now Lord Colchester, who presided in that Assembly for more than Fifteen Years, with so much honour to himself, and with such satisfaction to the Public. Mr. Abbot’s constant and uniform attention to the Rules and Orders of the House, and to the Public and Private Business, His intimate knowledge of the Antient Records and Journals of Parliament, His acute and accurate investigation of all the circumstances which have any reference to the History and Constitution of this Country, cannot fail to stamp the highest value on these communications. In contemplating the merits and services of Mr. Abbot, in the eminent situation in which he was placed, the Editor of this Work cannot refrain from adverting particularly to the dignified and impressive manner in which he delivered the Thanks of The House of Commons, to the {vii} distinguished Officers to whom they were voted in the late War! The Speeches of Mr. Abbot, on those occasions, may justly be considered as perfect models in that species of eloquence. It is a source of great comfort to the Editor of these Volumes, to think that, though at a very advanced age, he has been blessed with health and spirits sufficient to permit him to attend to this Republication. And he has the satisfaction to reflect, and to express his hopes, that, when he shall be removed from this World, he shall be thought not to have lived in vain; but to have employed his studies and leisure hours, in putting together a Work, which he trusts may be of public utility; and which may, in however inferior a degree, contribute to the support and preservation of our justly admired, and most excellent Constitution. Cotton Garden, J. H. January 1818. {viii} PRECEDENTS OF PROCEEDINGS IN THE HOUSE OF COMMONS: WITH OBSERVATIONS. __________ RELATING TO PRIVILEGE OF PARLIAMENT; FROM THE EARLIEST RECORDS, TO THE YEAR 1628: WITH OBSERVATIONS UPON THE REIGN OF CAR. I. FROM 1628 TO 4 JANUARY 1641. ___________ A NEW EDITION, WITH ADDITIONS. ___________ LONDON: PRINTED BY LUKE HANSARD AND SONS, NEAR LINCOLN’S-INN FIELDS AND SOLD BY PAYNE AND FOSS, PALL-MALL; CADELL AND DAVIES, IN THE STRAND AND CLARKE AND SONS, PORTUGAL-STREET, LINCOLN’S-INN. {ix} TO THE RIGHT HONOURABLE JEREMIAH DYSON, COFFERER TO HIS MAJESTY’S HOUSEHOLD, AND ONE OF HIS MAJESTY’S MOST HONOURABLE 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. {x} 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. 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 instances to which these Observations refer: they are designed merely to draw the {xi} attention of the Reader to particular points, and, in some degree, to assist him in forming his own opinion upon that question. This Work ought therefore to be 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 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 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. {xii} 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 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. {xiii} CONTENTS OF THIS VOLUME. CHAP. I. CASES from the earliest Records to the end of the Reign of Henry VIII. 1 CHAP. II. CASES from the Reign of Henry VIII. to the end of the Reign of Queen Elizabeth 70 CHAP. III. CASES 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 190 CHAP. V. Conclusion; being a Parliamentary View of the Reign Car. I. from 1628 to 4 January 1641 205 APPENDIX 1.—Apology of the Commons on 20 June 1604 227 2.—Report of the Conference in 1667 touching Freedom of Speech 250 3.—Report of 24 April 1640, touching Grievances 259 4.—Rushworth’s Account of Charles I.