Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/182

162 bankrupt may be iued againt uch privileged traders, in like manner as againt any other.

only way by which courts of jutice could antiently take cognizance of privilege of parliament was by writ of privilege, in the nature of uperedeas, to deliver the party out of cutody when arreted in a civil uit. For when a letter was written by the peaker to the judges, to tay proceedings againt a privileged peron, they rejected it as contrary to their oath of office. But ince the tatute 12 W. III. c. 3. which enacts, that no privileged peron hall be ubject to arret or imprionment, it hath been held that uch arret is irregular , and that the party may be dicharged upon motion. It is to be oberved, that there is no precedent of any uch writ of privilege, but only in civil uits; and that the tatute of 1 Jac. I. c. 13. and that of king William (which remedy ome inconveniences ariing from privilege of parliament) peak only of civil actions. And therefore the claim of privilege hath been uually guarded with an exception as to the cae of indictable crimes ; or, as it hath been frequently expreed, of treaon, felony, and breach (or urety) of the peace. Whereby it eems to have been undertood that no privilege was allowable to the members, their families, or ervants in any crime whatoever; for all crimes are treated by the law as being . And intances have not been wanting, wherein privileged perons have been convicted of midemenors, and committed, or proecuted to outlawry, even in the middle of a eion ; which proceeding has afterwards received the anction and approbation of parliament. To which may be added, that, a few years ago, the cae of writing and publihing editious libels was reolved by both houes not to be intitled to privilege; and that the reaons, upon which that cae proceededz,