Journal of the House of Lords: Volume 1, 1509-1577. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lune, ultimo Junii,
Delays in Judgments.
Complaint of a Breach of Privilege, for attaching the Person of Lord Crumwell.
"Whereas, upon Complaint and Declaration made to the said Lords Spiritual and Temporal, by Henry Lord Crumwell, a Lord of the Parliament, that, in a Cause between one James Tavernor, against the said Lord Crumwell, depending in the Court of Chancery, for not obeying to an Injunction given in the said Court of Chancery, in the Absence of the Lord Keeper of the Great Seal, at the Suit of the said Tavernor, the Person of the said Lord Crumwell was, by the Sheriff of the County of Norff. attached, by virtue of a Writ of Attachment, proceeding out of the said Court of Chancery, contrary to the ancient Privilege and Immunity, Time out of Memory, unto the Lords of Parliament, and Peers of this Realm, in such Case used and allowed, as on the Behalf of the said Lord Crumwell was declared and affirmed; wherein the said Lord Crumwell, as a Lord of Parliament, prayed Remedy.
Ld. Crumwell discharged by the House from his Attachment.
"Forasmuch as, upon deliberate Examination of this Cause, in the said Parliament-Chamber, in the Presence of the Judges, and others of the Queen's Majesty's Learned Counsel, there attendant in Parliament, and upon Declaration of the Opinions of the said Judges and Learned Counsel, there hath been no Matter directly produced nor declared, whereby it did appear or seem to the said Lords of Parliament there assembled, that, by the Common Law or Custom of the Realm, or by any Statute Law, or by any Precedent of the said Court of Chancery, it is warranted, that the Person of any Lord, having Place and Voice in Parliament, in the like Case, in the said Court of Chancery, before this Time, hath been attached; so as the awarding of the said Attachment, at the Suit of the said Tavernor, against the said Lord Crumwell, for any Thing as yet declared to the said Lords, appeareth to be derogatory and prejudicial to the ancient Privilege claimed to belong to the said Lords of this Realm: Therefore, it is, the Day and Year aforesaid, Ordered, by Consent of all the said Lords in Parliament there assembled, That the Person of the said Lord Crumwell be from henceforth discharged of and from the said Attachment.
Proviso-in case of Precedents hereafter to be produced.
"Provided nevertheless, and so is the Mind of the said Lords in Parliament, plainly by them with one Consent declared, That if, at any Time during this Parliament, or hereafter in any other Parliament, there shall be shewed sufficient Matter, that, by the Queen's Prerogative, or by the Common Law or Custom of this Realm, or by any Statute Law, or sufficient Precedents, the Persons of any of the Lords of Parliament, in such Case as this Case of the Lord Crumwell's is, ought to be attached, or attachable; then, and from thenceforth, it is, by this Order, intended that to take place, which so shall be shewed and warranted, as above is said; this Order, or any Thing therein contained, to the contrary notwithstanding."