Page:Precedents of Proceedings in the House of Commons (4th ed, 1818, vol I).djvu/40

20 dicte Petition, on I'endorsement d'iceir & le recorde du dit recoverer, ou ascun autre chose nient contresteant. "Et qant a la remanent de la Petition, Le Roi s'advisera."

This is the Case to which Sir Edward Coke refers, when he says, in the Fourth Institute, p. 25, "Privilege of Parliament in Informations for the King.—Generally the Privilege of Parliament does hold, unless it be in three Cases, viz. Treason, Felony, and the Peace," The Commons certainly declare it to be their opinion, that they had clearly the Privilege "of being free from all arrests, during the Parliament, except for Treason, Felony, or Surety of the Peace:" But when at the close of the petition they pray, "that for the future it may be enacted into a law, that no Knights, Citizens, or Burgesses, or their Servants, may be arrested or detained in prison during the time of Parliament, except for Treason, Felony, or Surety of the Peace;" the King refuses their request, and gives a Parliamentary Negative; and therefore, the more natural conclusion to be drawn, as well from the petition itself as from the King's answer, appears to be. That, at that time, this proposition was not acknowledged to be law in the extent in which the Commons laid it down.

The House of Lords in their answer to this Case, when cited by the Attorney General in the Case of Lord Arundel, suppose the ground upon which the King gave this negative to have been, "that the latter part of the Bill did comprehend more than it was fit the royal assent should be given unto, Rh