houſe, or his menial ſervants, is a high contempt of parliament, and there puniſhed with the utmoſt ſeverity. It has likewiſe peculiar penalties annexed to it in the courts of law, by the ſtatutes 5 Hen. IV. c. 6. and 11 Hen. VI. c. 11. Neither can any member of either houſe be arreſted and taken into cuſtody, nor ſerved with any proceſs of the courts of law; nor can his menial ſervants be arreſted; nor can any entry be made on his lands; nor can his goods be diſtrained or ſeiſed; without a breach of the privilege of parliament.
These privileges however, which derogate from the common law, being only indulged to prevent the member’s being diverted from the public buſineſs, endure no longer than the ſeſſion of parliament, ſave only as to the freedom of his perſon: which in a peer is for ever ſacred and inviolable; and in a commoner for forty days after every prorogation, and forty days before the next appointed meeting[1]; which is now in effect as long as the parliament ſubſiſts, it ſeldom being prorogued for more than four-ſcore days at a time. As to all other privileges which obstruct the ordinary courſe of juſtice, they ceaſe by the ſtatutes 12 W. III. c. 3. and 11 Geo. II. c. 24. immediately after the diſſolution or prorogation of the parliament, or adjournment of the houſes for above a fortnight; and during theſe receſſes a peer, or member of the houſe of commons, may be ſued like an ordinary ſubject, and in conſequence of ſuch ſuits may be diſpoſſeſſed of his lands and goods. In theſe caſes the king has alſo his prerogative: he may ſue for his debts, though not arreſt the perſon of a member, during the ſitting of parliament; and by ſtatute 2 & 3 Ann. c. 18. a member may be ſued during the ſitting of parliament for any miſdemeſnor or breach of truſt in a public office. Likewiſe, for the benefit of commerce, it is provided by ſtatute 4 Geo. III c. 33, that any trader, having privilege of parliament, may be ſerved with legal proceſs for any juſt debt, (to the amount of 100l.) and unleſs he makes ſatisfaction within two months, it ſhall be deemed an act of bankruptcy; and that commiſſions of
- ↑ 2 Lev. 72.
