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For the manner of Obtaining this priviledge, 22. March 18 Jacobi. It was resolved, that no protection under any Mans hand of this House is good.
22. Febr. 6. Edw. 6. It is Ordered, that if any Bur∣gess required Priviledge for Himself or his Servant, up∣on declaration thereof to the Speaker, he should have a Warrant signed by Mr. Speaker to obtain the Writ,
22. Febr. 18, Eliz. Aug. 1575. A report was made by the Attorney of the Dutchy from a Committee for
••elivery of Smaley a Servant to Arthur Hall, before mentioned, that they found no Precedent, for setting at arge by the Mace any Person in Arrest, but only by Writ. And that by divers Precedents of Record per∣used by them; it appears, that every Knight, Citizen, or Burgess of this House, which doth require Priviledge, hath used in that Case to take a Corporal Oath before the Lord Chancellour or Lord Keeper. That the party for whom such Writ is prayed, came up with him, and was his Servant, at the time of the Arrest made. But on the 27th Febr. after sundry Reasons, Arguments and Disputations in the House; It was Resolved, that the said Smaley should be brought the next day to the Bar by the Serjeant, and so set at Liberty by Warrant of the Mace, and not by Writ.
According to which Resolution, the next day Smaley was brought to the Bar in the House by the Serjeant, ac∣companyed with two Serjeants of London, and was pre∣sently delivered from his Imprisonment, and Execution, according to the former Judgement of this House, and the said Serjeants descharged of their said prisoner.
2. March. 1592. Upon a Report from the Commit∣tee of Priviledges and Elections; that one Mr. Fitzhe••∣bert was returned a Burgess, and excepeted against, be∣cause he was alledged to be Out-lawed, and detained upon such Out-lawry: The House Ordered, that Mr. speaker should move the Lord Keeper for an Habeas Corpius cum causa, to bring up the Body and Cause of Mr. Fitzherbert.
But the next day Sir Henry Knivet entring into a Dis∣course, touching the Priviledges of the House of ancient times, used and accustomed for the conventing of any persons into this Court, declared his opinion, That Mr. Fitzherbert was rather to be called to appear in this House by the Serjeants Mace of this House, then any Writ of the Chancery, and quoted a Case of George Ferrers; but was put in remembrance by Mr. Speaker that the man∣ner for the bringing Mr. Fitzherbert had received the Order of the House yesterday, and was therefore now
neither to be recalled, nor further treated of by this House, till the Appearance of the said Mr. Fitzherbert be first made in this House, according to the said for∣mer Order for the same.
On the 7th of the same Month, The House being ac∣quainted by Sir Edward Hobby, that the Lord Keeper having been moved for a Writ of Habeas corpus cum cau∣sa, for Mr. Fitzherbert, his Lordship thought it best, in regard of the ancient Liberties and Priviledges of this House, That the Serjeant at Arms be sent, by Order of this House, for the said Mr. Fitzherbert, at his own charge; by reason whereof he may be brought hither to the House, without peril of further being arrested by the way: which was also approved of.
Injuries offered to the Members and their servants, during the Session, have been usually punished by the House, upon Complaint.
29. Febr. 1575. One Williams, for assaulting a Bur∣gess of this House, was upon Complaint sent for by the Serjeant, and brought to the Bar, and Committed to the Serjeants Ward.
23 April. 1. Mariae. One Moning••on for stricking William Johnson a Burgess, was sent for, and confes∣sing it, was Committed to the Tower.
28. Nov. 1601. Complaint being made by Mr. Fleetwood a Member of the House, that one Holland a Scriviner, and one Brooks his servant, had evil Intreat∣ed and beaten the servant of the said Mr. Fleetwood in his presence; they were both sent for by the Serjeant, and brought to the Bar; and for the said Offence Com∣mitted for five days to the Serjeant.
12 Febr. 18 Jacobi, Mr. Lovell, a Member of the House, informed, that one Daryell threatned his per∣son, That for a speech spoken by him in the House, he should be sent to the Tower during the Parliament, or presently after: Darvell was sent for by the Ser∣jeant, to Answer it to the House; and upon Testimony of it he was Committed to the Serjeant till Thursday fol∣lowing, and then to acknowledge his fault, or to be
Committed to the Tower.
16. June 1604. Complaint being made of one Tho. Rogers, a Currier dwelling in Cole-man-street, for abusing Sir John Savill in slanderous and unseemly terms, upon his proceedings, at a Committee in the Bill touching Tanners. &c. he was sent for by the Serjeant at Arms to the Bar, to answer his offence.