By ftatutes

fome privileges

Jution and prorogation.

and in a commoner for forty days after every prorogation, and forty days before the next appointed meeting; which is now in effect as long, as the parliament fubfifts, it feldom being prorogued for more, than fourfcore days at a time. As to all other privileges, which ceafe after diffo- obftruct the ordinary course of juftice, they ceafe by the ftatutes, 12 W. III. c. 3. and 11 Geo. II. c. 24. immediately after the dif folution or prorogation of the parliament, or adjournment of the houses for above a fortnight; and during these receffes a peer, or member of the houfe of commons may be fued like an ordinary fubject, and in confequence of fuch fuits may be difpoffeffed of his lands and goods. In thefe cafes the king has alfo his prerogative: he may fue for his debts, though not arreft the perfon of a member, during the fitting of parliament; and by ftatute 2 & 3 Ann. c. 18. a member may be fued during the fitting of parliament for any misdemeanor, or breach of trust in a public office. Likewife for the benefit of commerce, it is provided by ftatute 4 Geo. III. c. 33. that any trader, having privilege of parliament, may be ferved with legal procefs for any just debt, to the amount of £.100, and unless he make fatisfaction within two months, it fhall be deemed an act of bank

Other abridgments of the privileges of parliament.

ruptcy;

ruptcy; and that commiffions of bankrupt may be iffued against such privileged traders in like manner, as against any other.

How procefs to members of

be had against

parliament in

civil cafes.

"The only way, by which courts of juftice could antiently take cognizance of privilege of parliament was by writ of privilege, in the nature of a fuperfedeas, to deliver the party out of cuftody, when arrefted in a civil fuit. For when a letter was written by the Speaker to the judges, to ftay proceedings against a privileged perfon, they rejected it, as contrary to their oath of office. But fince the statute 12 W. III. c. 3. which enacts, that no privileged perfon fhall be fubject to arrest or imprisonment, it hath been held, that fuch arreft is irregular ab initio, and that the party may be discharged upon motion. It is to be obferved, that there is no precedent of any fuch writ of privilege, but only in civil fuits; and that the ftatute of 1 Jac. I. e. 13. and that of king William, (which remedy fome inconveniences arifing from privilege of parliament) fpeak only of civil actions. And therefore the claim of privilege hath been ufually guarded with an exception, as to the cafe of indictable crimes; or, as it How in crimi hath been frequently expreffed, of treason, felony, and breach (or furety) of the peace. Whereby it feems to be understood, that no privilege

Dal cafes.

lers not now

privileged.

privilege was allowable to the members, their families, or fervants in any crime whatsoever; for all crimes are treated by the law as being contra pacem domini regis. And instances have not been wanting, wherein privileged perfons have been convicted of misdemeanors, and committed, or profecuted to outlawry, even in the middle of a feffion; which proceeding has afterwards received the fanction and apSeditious libel probation of parliament. To which may be added, that a few years ago, the cafe of writing and publishing feditious libels was refolved by both houfes not to be intitled to privilege; and that the reasons, upon which that cafe proceeded, extended equally to every indictable offence. So that the chief, if not the only, privilege of parliament in fuch cafes, feems to be the right of receiving immediate information of the imprisonment or detention of any member with the reafon, for which he is detained; a practice, that is daily ufed upon the flightest military accufations, preparatory to a trial by a court martial; and which is recognized by the feveral temporary ftatutes for fufpending the babeas corpus act, whereby it is provided, that no member to the houfe of of either house shall be detained, till the matter, of which he ftands fufpected, be first communicated to the house, of which he is a

Communica

tion to be made

the detention of its member.

member,

member, and the confent of the faid houfe obtained for his commitment or detaining. But yet the ufage has uniformly been ever fince the revolution, that the communication has been fubfequent to the arrest."

When an act of parliament is once completed, it is the exercife of the highest authority, that this kingdom acknowledges

parliament.

upon earth. It hath power to bind every Sovereignty of fubject in the land, and the dominions thereunto belonging †; nay, even the king himfelf, if particularly named therein. And it cannot be altered, amended, difpenfed with, fufpended, or repealed, but in the fame forms, and by the fame authority of parliament: for it is a maxim in law, that it requires the fame ftrength to diffolve, as to create an obliga

tion."

Every natural born fubject, as a member of this community, has a perfonal intereft in the enjoyment and preservation of the before mentioned rights, liberties, and prerogatives, by his reprefentatives in parliament; for the maintenance and prefervation of them will alone maintain and preferve facred and in

Blak. ubi fupra, p. 185.

Since this was written by Judge Blakistone, by the 23 Geo. III. c. 28. a separate and independent legiílature has been allowed to the kingdom of Ireland.

violate,

Our intereft to

preferve the

rights and pri liament.

vileges of par

of the people of England.

violate, the rights and liberties of all Britons, which are common both to the reprefentatives and represented.

I have already endeavoured to fhew the general rights, which every man is entitled to, by becoming a member of civil fociety; thofe, to which he is entitled as a member of this community, may be called, *« in a peculiar and emphatical manner, the rights General rights of the people of England. And these may be reduced to three principal or primary articles; the right of perfonal fecurity, the right of perfonal liberty, and the right of private property; because as there is no other known method of compulfion, or of abridging man's natural free will, but by an infringement or diminution of one or other of these important rights, the prefervation of these inviolate may juftly be faid to include the prefervation of our civil immunities, in their largeft and moft extenfive fenfe.

The right of perfonal fecurity.

Of perfonal liberty.

"I. The right of perfonal fecurity, confifts in a perfon's legal and uninterrupted enjoyment of his life, his limbs, his body, his health, and his reputation.

"II. Next to perfonal property, the law of England regards, afferts, and preferves

* Blak. Com. b. i. c. i. p. 129.

+ Blak. ibidem.

the