Tryals.
14. May, 1576. Sir Edward Montague, a Member of the House, was warned to attend a Tryal in London, which was to be had against him; and was by Order of the House priviledged; and the party that gave the
This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.
14. May, 1576. Sir Edward Montague, a Member of the House, was warned to attend a Tryal in London, which was to be had against him; and was by Order of the House priviledged; and the party that gave the
warning, was summoned to appear at the Bar the next morning.
21. Feb. 1588. Upon Motion made by divers Members of the House, having Writs of Nisi prius brought against them, that Writs of Supersedeas might be awarded, in respect of the Priviledge of this House, due to the Members: It was Ordered, That those Members of the House, who have occasion of such Pri∣viledge, should declare their Case to the Speaker, who shall thereupon direct the Warrant of this House to the Lord Chancellour for awarding such Writ of Supersedeas.
3 Martii. 18 Jacobi, Upon a Report from a Com∣mittee appointed to consider of a way of staying Tryals against Members of the House; That by several Prece∣dents, the Custom appeared to be in such Cases, That on Motions and Orders in the House, Letters were writ∣ten to the Justices of Assize for stay of Tryals against Members of the House; which Letters were entred in the Journal Book, and that it belongeth to the Clerk to write the same. It was thereupon resolved, That the former course of writing Letters to the Justices of Assize, should be held according to former Precedents.
10 Junii, 1607. Sir Robert Johnson a Member of the House moved for a Letter to stay a Tryal against him in the Exchequer, which was granted, as appeareth by the Entry on the 13th day, when a Petition of Sir Robert Brett was read against that Priviledge. The Priviledge formerly granted was affirmed, upon this Reason. That no man should have any thing to withdraw him from his Service in the House. The like 14. Feb. 18 Jacobi.
And so much this Priviledge hath been insisted on by the House, that it hath been a Question. Whether any Member of the House could consent that himself should be sued during the Session; because the Priviledge is not the persons so much as the Houses: And therefore, when any person hath been brought to the Bar for any Offence of this nature, the Speaker hath usually charged the per∣son in the name of the whole House, as a breach of the Priviledge of the House.
And when, 3. June, 1607. Sir Thomas Holcroft a Member of the House, had occasion to sue at Law, and was sued, with which he was content, and desired the leave of the House; there was a Question, whether the House should give leave for a breach of Priviledge, and it was resolved The House might give leave.