BHO

William III, 1700 & 1701: An Act for preventing any Inconveniencies that may happen by Priviledge of Parliament [Chapter III. Rot. Parl. 12 & 13 Gul. III. p. 1. n. 3.]

Pages 638-639

Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.

This free content was digitised by double rekeying. All rights reserved.

Citation:

In this section

Actions may be brought against Peers and Members of Parliament, and Judgment given therein during the Intervals of Parliament, as herein mentioned

For the preventing all Delays the King or His Subjects may recieve in any of His Courts of Law or Equity and for their Ease in the Recovery of their Rights and Titles to any Lands Tenements or Hereditaments and their Debts or other Dues for which they have Cause of Suit or Action Be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by the Authority of the same That from and after the Four and twentieth Day of June One thousand seven hundred and one any Person and Persons shall and may commence and prosecute any Action or Suit in any of His Majesties Courts of Record at Westminster or High Court of Chancery or [Court of Exchequer or the Dutchy Court of Lancaster or in the Court of Admiralty and in all Causes matrimoniall and testamentary in the Court of the Arches the Prerogative Courts of Canterbury and York and the Delegates and all Courts of Appeal (fn. 1) ] against any Peer of this Realm or Lord of Parliament or against any of the Knights Citizens and Burgesses of the House of Commons for the Time being or against their or any of their meniall or other Servants or any other Person intituled to the Priviledge of Parliament at any Time [from and immediately after the Dissolution or Prorogation of any Parliament until a new Parliament shall meet or the same be reassembled and from and immediately after any Adjournment of both Houses of Parliament for above the Space of Fourteen Days untill both Houses shall meet or reassemble (fn. 1) ] And that the said respective Courts shall and may after such Dissolution Prorogation or Adjournment as aforesaid proceed to give Judgment and to make finall Orders Decrees and Sentences and award Execution thereupon Any Priviledge of Parliament to the contrary notwithstanding

II. Proviso against Arrest of Members during Time of Priviledge; but Process may be had against Peers, as herein mentioned.

Proviso for Proceedings against Members of the House of Commons during the Intervals of Parliament; and for Proceedings against Peers and Members in Courts of Equity and Duchy Court; Members not to be arrested during Time of Priviledge.

Provided neverthelesse that this Act shall not extend to subject the Person of any of the Knights Citizens and Burgesses of the House of [Commons (fn. 2) ] [or any other Person intituled to the Priviledge of Parliament to be arrested during the Time of Priviledge (fn. 1) ] Nevertheless if any Person or Persons having Cause of Action or Complaint against any Peer of this Realm or Lord of Parliament [such Person or Persons after any Dissolution Prorogation or Adjournment as aforesaid or before any Sessions of Parliament or Meeting of both Houses as aforesaid shall and may have such Process out of His Majesties Courts of Kings Bench Common Pleas and Exchequer against such Peer or Lord of Parliament as he or they might have had against him out of the Time of Priviledge and if any Person or Persons having Cause of Action (fn. 1) ] against any of the said Knights Citizens or Burgesses or any other Person intituled to Priviledge of Parliament after any Dissolution Prorogation or such Adjournment as aforesaid or before any Sessions of Parliament or Meeting of both Houses as aforesaid such Person or Persons shall and may prosecute such Knight Citizen or Burgess or other Person intituled to the Priviledge of Parliament in His Majesties Courts of Kings Bench Common Pleas or Exchequer by Summons and Distress infinite or by originall Bill and Summons Attachment and Distress infinite thereupon to be issued out of any of the said Courts [of Record (fn. 2) ] which the said respective Courts are hereby impowered to issue against them or any of them until he or they shall enter a common Appearance or file common Bail to the Plaintiffs Action according to the Course of each respective Court [And any Person or Persons having Cause of Suit or Complaint may in the Times aforesaid (fn. 1) ] exhibit any Bill or Complaint against any Peer of this Realm or Lord of Parliament or against any of the said Knights Citizens or Burgesses or other Person intituled to the Priviledge of Parliament in the High Court of Chancery Court of Exchequer or Dutchy Court of Lancaster and may proceed thereupon by Letter or Subpena [as is usuall (fn. 2) ] and upon leaving a Copy of the Bill with the Defendant or at his House or Lodging or last Place of Abode may proceed thereon and for Want of an Appearance or Answer or for Non Performance of any Order or Decree or Breach thereof may sequester the Reall and Personall Estate of the Party as is used and practised where the Defendant is a Peer of this Realm but shall not arrest or imprison the Body of any of the said Knights Citizens & Burgesses or other priviledged Person during the Continuance of Priviledge of Parliament

III. Proviso in respect of Bar by Statute of Limitations, where Plaintiff stayed by Priviledge of Parliament.

And be it enacted by the Authority aforesaid That where any Plaintiffe shall by Reason or Occasion of Priviledge of Parliament be stayed or prevented from prosecuting any Suit by him commenced such Plaintiff shall not be barred by any Statute of Limitation or nonsuited dismissed [or (fn. 3) ] his Suit discontinued for Want of Prosecution of the Suit by him begun but shall from Time to Time upon the rising of the Parliament be at Liberty to proceed to Judgment and Execution

IV. Proceedings at Law or in Equity against Debtors to the King, not stayed by Priviledge of Parliament.

Proviso for Freedom from Arrest.

And it is hereby enacted That no Action Suit Process Order Judgment Decree or Proceeding in Law or Equity against the Kings originall and immediate Debtor for the Recovery or obtaining of any Debt or Duty originally and immediately due or payable unto His Majesty His Heirs or Successors or against any Accomptant or Person answereable or liable to render any Account unto His Majesty His Heirs or Successors for any Part or Branch of any of his or their Revenues or other originall [or (fn. 5) ] immediate Debt or Duty or the Execution of any such Process Order Judgment Decree or Proceedings shall be impeached stayed or delayed by or under the Colour or Pretence of any Priviledge of Parliament yet so nevertheless that the Person or Persons of any such Debtor or Accomptant or Person answereable or liable to account being a Pee of this Realm or Lord of Parliament shall not be liable to be arrested or imprisoned by or upon any such Suit Order Judgment Decree Process or Proceedings or being a Member of the House of Commons shall not during the Continuance of the Priviledge of Parliament be arrested or imprisoned by or upon any such Order Judgment Decree Process or Proceedings. (fn. 4) ]

V. No further Jurisdiction given to Courts than before this Act.

[Provided novertheless That neither this Act nor any thing therein contained shall extend to give any Jurisdiction Power or Authority to any Court to hold Plea in any reall or mixt Action in any other Manner than such Court might have done before the making this Act (fn. 4) ]

Footnotes

  • 1. annexed to the Original Act in a separate Schedule.
  • 2. interlined on the Roll.
  • 3. nor O.
  • 4. annexed to the Original Act in a separate Schedule.
  • 5. and O.