Parliamentary Privilege Act, 1770

PARLIAMENTARY PRIVILEGE ACT 1770

CHAPTER L.

Preamble.

After 24 June, 1770, suits may be prosecuted in courts of record, equity, or admiralty, and courts having cognizance of causes matrimonial and testamentary, against peers, and members of the House of Commons, and their servants, &c.

WHEREAS the several laws heretofore made for restraining the privilege of Parliament with respect to actions or suits commenced and prosecuted at any time from and immediately after the dissolution or prorogation of any Parliament until a new Parliament should meet, or the same be reassembled, and from and immediately after an adjournment of both Houses of Parliament for above the space of fourteen days, until both houses should meet or assemble, are insufficient to obviate the inconveniences arising from the delay of suits by reason of privilege of Parliament, whereby the parties often lose the benefit of several terms: For the preventing all delays the King or his subjects may receive in prosecuting their several rights, titles, debts, dues, demands, or suits for which they have cause, be it enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, that from and after the twenty-fourth day of June one thousand seven hundred and seventy, any person or persons shall and may at any time commence and prosecute any action or suit in any court of record or court of equity or of admiralty, and in all causes matrimonial and testamentary, in any court having cognizance of causes matrimonial and testamentary, against any peer or lord of Parliament of Great Britain, or against any of the knights, citizens, and burgesses, and the commissioners for shires and burghs of the House of Commons of Great Britain for the time being, or against their or any of their menial or any other servants, or any other person intitled to the privilege of Parliament of Great Britain; and no such action, suit, or any other process or proceeding thereupon shall at any time be impeached, stayed, or delayed by or under colour or pretence of any privilege of Parliament.

But the persons of members of the House of Commons not to be arrested or imprisoned.

2. Provided nevertheless, . . . that nothing in this Act shall extend to subject the person of any of the knights, citizens, and burgesses, or the commissioners of shires and burghs of the House of Commons of Great Britain for the time being, to be arrested or imprisoned upon any such suit or proceedings.

[Ss. 3, 4 rep. 42 & 43 Vict. c. 59.]

Obedience to rule of the Court of King's Bench, Common Pleas, or Exchequer may be enforced by distress infinite.

5. And . . . obedience may be enforced to any rule of his Majesty's courts of King's Bench, Common Pleas, or Exchequer against any person intitled to privilege of Parliament by distress infinite, in case any person or persons intitled to the benefit of such rule shall chuse to proceed in that way.

This Act to extend to Scotland.

6. And . . . . . . . . . from and after the said twenty-fourth day of June, . . . . . . . this Act shall extend to that part of Great Britain called Scotland