Page:Precedents of Proceedings in the House of Commons (4th ed, 1818, vol I).djvu/89

This page needs to be proofread.
Chap. ].]
End of the Reign of Henry VIII.
69

which were of persons taken in execution after judgment, no Writ of Privilege appears to have been applied for, but the Commons went by petition to the King, and obtained a special Act of Parliament for their release. In Sadcliffe's Case N° 18. where the Defendant was arrested on mesne process, a Writ of Privilege issued, under which he was set at liberty by order of the Court. It does not appear that any judgment was ever given in the Case of Trewynnard N° 20. from whence it might have been collected, how far the Sheriff was justified, by law, in obeying that Writ of Privilege, which issued to release a Member then a prisoner in execution. The only instance in which we have seen the House of Commons interpose by their own authority, and deliver their Member without the assistance of a Writ of Privilege, or of an Act of Parliament, is that of Ferrers; and of this, and the several circumstances attending it, having before given my opinion, I shall leave it to the judgment of the Reader[1].

CHAP.
  1. See page 58.