Page:United States Reports, Volume 1.djvu/316

Rh 

1788.

and, by the ftrongeft implication, fhews, that it could not be done at the fuit of a private perfon. A little higher, in the fame page, a general pofition of Judge Blackʃtone will be found, which fully reaches the cafe in queftion. ‘‘Neither (fays he) can any member

‘‘ of either Houfe be arrefted, or taken into cuftody, nor ʃerved with

‘‘ any proceʃs oƒ the Courts oƒ Law, nor his fervants arrefted &c. without

‘‘ a breach oƒ the privilege oƒ Parliament. ’’

In the cafe before us, the Defendant appears to have been ferved with a Summons out of this Court, during the time oƒ the actual ʃitting oƒ the Convention. – Whether we take the law to be, as it ftood in England before, and at the time of paffing the act of W. 3. ; or as it ftood after the paffing that act down to the 10th oƒ Geo. 3. about fix years before our revolution, it is clear that no members of Parliament, other than thofe particulary excepted, could be arreʃted or ʃerved with any proceʃs out of the Courts of Law, during the ʃitting oƒ Parliament.

We cannot but confider our Members of Affembly, as they have always confidered themfleves, initled by law to the fame privileges. They ought not to be diverted from the public bufinefs by law fuits, brought againft them during the fitting of the Houfe ; which, though not attended with the arreft of their perfons, might yet oblige them to attend to thofe law fuits, and to bring witneffes from a diftant county, to a place whither they came, perhaps foldly, on account of that public bufinefs.

The Defendant, therefore, muft be difcharged from the action. 

OVENANT.– The argument arofe upon the following cafe, ftated for the opinion of the Court:–‘‘ John Kunckle on the 7th day  ‘‘of Oct. 1784, conveyed to Nicholas Wynick, in fee fimple, alot of ground ‘‘ in Since thefe Reports were committed to the Prefs, I have been favored with a note of another cafe in this Court, upon the queftion of privilege ; and, I hope, I fhall be excufed for introducing it here.