The Lower House. 389

manner is a Breach of Privilege so far from that the Instances he
produces in the Reigns of Eliz^a & James I^st on this Subject are only
where the members were actually restrained by an Order from the
King the privi Council or a Court of Law and were not permitted to
Attend the Parliament

L. H. J.
Liber No. 46

It is very true that when Iames the first endeavoured to stretch
Prerogative the Commons to be even with him made one or two
Extraordinary Declarations in point of their Privileges of Speech
and of their Members But I do not know or ever heard of one single
Instance where the House of Commons Either in the Reign of Iac 1^st
or at any other Time before 1641 or since 1660 took notice of any
Person for reproving a Member in Conversation in any Point de-
bated in the House for indeed to suppose the Contrary would be to
suppose the Electors gave up their Liberty instead of preserving it
by their Election of a Representation
It is well known that in the Reign of Charles the I^st there were
many Encroachments by the King on the Privileges of Parliament
and afterwards more by the House in 1641 on the Liberties of the
Subject under pretence of privileges: In the period I do agree you
may find some Votes and Resolutions agreeable to your present
Claim but which can never take Effect in this or any other Country
of Liberty. I pass by the Usurpation of Oliver Cromwell with only
this Remark, That both it and the Blood and Confusion which pre-
ceded were in a great measure the Consequences of the House of
Commons intimidating the Nation by extending their privileges and
Votes and Resolutions concerning them.
In the Reigns of Charles 2^d & James 2^d there is not one instance
that I Know of any Person being censured by the House of Com-
mons for what passed either in a Dispute or Quarrel where words
were only used towards a Member concerning any Matter debated
in the House; and surely if the Words Questioning or Place bore
the signification you Concent for, many Instances must have hapened
where the member might think himself so ill treated as to be ready
and willing to revenge himself by the Authority of the House of
Commons
We may now come to the happy Ara of our Constitution when
the Statute for preserving the Rights and Liberties of the Subject
was made. Hitherto sometimes the King incroached on the Privi-
leges of the Commons and at other Times the House of Commons
by their Votes usurped, under Pretence of their Privileges upon the
Liberties of the people Therefore it was necessary to prevent further
Doubt or Cavil to ascertain and declare what Privilege was in that
Point of Freedom of Speech and Accordingly the Legislators made
use of those words That the Freedom and Debates of Proceedings
in Parliament ought not to be Impeached or Questioned in any Court
or Place out of Parliament One would think the plainess of these

p. 649