I Perceive that the maine doubt upon the late questioning of some of the Members of the House of Commons as whither or no there be any priviledge of Parliament in matter of Vide Rot. [...]ar. de An [...]1. & 32. [...]. 6. n. 27. Treason or other capitall offences, in which I cannot deny but that there is a common saying (and yet not more common then erroneous) That priviledge of Parliament doth not extend to Felony and Treason; For there is a double priviledge of Parliament, the one finall, and the other tempora­rie. Our finall priviledge extends to all civill causes and Suites in Law, and that continues during the Parliament. The other priviledge that is temporary extends to all Capitall causes, as Treason or the like, in which the persons and goods of the members of both Houses are freed from sei­zure till the said Houses be first satisfied of their crimes, and so doe deliver their bodies up to be committed to safe custody; and the reason of it is evident because their crime must either be committed, within the same houses or without them; as for example if any member of the House of Commons be accused for treasonable actions or words committed or spoken within the walls of the same house then there is a necessitie that not only the matter of fact, but the matter of crime also, must bee ad­judged by that house; for it can appeare to no other Court what was [Page 6] there done in respect that it were the highest treachery and breach of priviledge for any Member of that House, to witnes or reueale what was there done or spoken without the leave and direction of the same House. And if it be for treason committed out of the House, yet still the House must bee fi [...]st satisfied with the matter of fact; before they part with their members, for else all priviledge of Parliament must of necessitie bee destroyed, and by the same reason that they accuse one of the said Members they may accuse fortie, or fiftie, upon imaginary and false Trea­sons, and so commit them to custody and deprive the house of their Members; whereas on the contra [...]y side the House of Commons hath ever beene so just as to part with such Members when they have beene discovered. As in the Parliament de Anno 27. of Queene Elizabeth. Doctor Parry being a Member of the House of Commons, had no Articles of Treason preferred against him till the House had discompo­sed him from being one of their members, and that the chiefe heads and branches of his said Treason had beene made knowne unto the House partly by his owne confession, and partly by other proofes; and yet if ever Treason required a speedy tryall that did, for it concerned no lesse then the murder and assassination of the Queene her selfe, [See the ori­gininall Journall booke of the House of Commons, de Anno 27. Regin. Eliz. pag. 85 & pag. 103.] And so likewise in Master Cop­leys case in the Parliament in the last yeare of Queene Mary, who spake very dangerous words against the said Queene; yet it was tried in the House of Commons as apeeares in the originall Journall booke of the same House, and the said Queene at their intreaty did afterwards remit it. But for the case of these Gentlemen that are now in question it doth not yet appeare to us whether it bee for a crime done within the Walles of the House of Commons or without, so as for ought wee know the whole judicature thereof must first passe with us, for the LORDS did make an Act Declaratory in the Parliament, Roll de An. 4. E. 3. Num. 6. that the judgments of Peeres only did properly be­long to them, so as I hold it somewhat cleere, that these Gentlemen cannot bee condemned but by such a judgement onely as wherein the Lords may joyne with the Commons, and that must bee by Bill; and the same priviledge is to the members of the Lords House, for wee must not thinke that if a private person should come there and accuse any of them of Treason that they will at all part with that member, or commit him to safe custody till the matter of fact be first proved be­fore them.

Tis true indeed that upon the empeachment of the House of Com­mons [Page 6] for Treason or other capitall crimes, they doe Immediately com­mit their members to safe custody, because it is first admitted that we ac­cuse not till wee are satisfied in the matter of fact, and secondly, it is al­so supposed in Law that such an aggregate body as the House of Com­mons is will doe nothing, ex livore, vel ex odio, seeing they are entru­sted by the whole Commons of England with their estates and fortunes. So as upon the whole matter, I conclude that the proceedings against these five Gentlemen have beene hitherto illegall and against the privi­ledge of Parliament.