Page:Precedents of Proceedings in the House of Commons (4th ed, 1818, vol I).djvu/152

132 (5.) Fifthly, The taking the goods or effects of a Member in execution, or otherwise.

(6.) Sixthly, The assaulting or insulting a Member, or his servant, or traducing his character.

I think that all the Cases, relating to the Privilege of Members of the House of Commons, which occur between the accession of James I. and the dissolution of the third Parliament of Charles I. in 1628, to which period I shall now confine myself, will fall under one or other of these six heads.

(1.) And first, therefore, I shall give the instances which are to be found of Members, or their servants, being committed or restrained by order of the Privy Council, by the courts of justice, or any inferior magistrate.

1. On the 3d of February, 1605, Mr. Brereton, Member for Flint, being committed by the Judges of the King's Bench for a contempt, during a prorogation, this matter is referred to a Committee; on the 13th, a Writ of Habeas Corpus is ordered for Mr. Brereton, which is returned and read in the House on the 15th, and Mr. Brereton is received. I do not find any report from the Committee, or any other entry of this matter.

2. On the 18th of February, 1605, Complaint is made of Sir Edwyn Sandy's servants being committed to Newgate, by a Justice of Peace, for being engaged in a riot, and that he refused to bail them; a Habeas Corpus is ordered for the servants, and the complaint is referred to the Committee of Privileges; on the 19th they report, and the Justice is committed to the custody of the Serjeant. On the 21st and 22d, he is heard by Rh