The Statesman.
London, England, 1810-04-20 00:00:00

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PRIVILEGES OF PARLI43IIO7.
TIIFtS.ASE OF MR. TOBRAt 41SRLEANT,0
• ARMS, tsr WILLIAM AND 'MALAY. .
Sir 'Francis Pemberton, Chief Justice Of
King's Bench, and Sir Thomas Jew' One of din
Judges of the same Court, were ordered
the House of Commons in consequent* of tliiihitfi
tition of Mr. Topham, the Scrjeant at Arms,_.
On the 10th of Suty, 1689, Sit Francis VI
Berton being at the Bat—the Speaker said, iaTIW
House has been acquainted there wu as
brought in the King's Bench, 34 Cir. I, by, oak
Jay against Scrjeaut Topham. To which action
he pleaded the jurisdiction of this Howe ; and
that it proceeded to &demurrer, and the plea'wat
oeer.rtiled by you as Chief Justice ; so the Movie
has sent for you to know upon what Vella 70a
did it."
Sir FRANCIS PEMBERTON:—Under fa‘
Sour I can say nothing to this action ; but this I
can say, if the Defendant should plead he did ar-
rest him by the command of this Reuse, tial,
should plead that to the juri.diction of the Courtl
df King's Bench (I can say nothing toil& par,-
titular action), but I think, with subadilinn,• I
can satisfy you that such a plea ought to be
ever-ruled ; and I take it the law is eery clear as.
to this.
The SPEAKER demanded that he Awed forth.
with give the reasons that' would satisfy the House
it Wu 10. •
.Sir I.II,AKIS PEMBERTON said, he could
only speak generally—and whether the order for
taking lay into cuatudy was pleadable to the ju.
risinction, apprehend by the taw it was net
Pleadable. As to the justification of this, I can.
get, may be, upon the sudden, be prepared with
such reasons as Till satisfy the House. if they pat
it-apon ate to tall
,nay present apprehtusious, that
is bnuther thine. • •
• 'Mr. SPEAKER'- 11 believe the House will be
willing to hoar your present apprehensions:
Sir FRANCIS PEMBERION.—The gela-
tion is of the manner of pleading this Order of
the House—whether it may be pleaded to the ju-
risdiction of the Court or not. And under fa-
vour, I have always taken it that such' a plea
could nut be pleaded to the jurisdiction of the
Court, but it is a good pica by way of bar. The
justification here is a proper matter ot, bar, and
'tit a good justification but whether the Cleat
441 Iris excluded their jurisdiction, that they shall
Dot know Whether this is trim. or no is the quo.
Lion ; fur if this be pleaded to ibirliarisilietiou there
is au end of it. 'Now here it is *Hawaii by "Jr pen.
pie livirsik I think do Judgollust denied it, that
tbrOrder of this• litmus was sae** to 44* say
oepluto custody. tiToj W' +-; praterawerer thought
othorwioa; hot U Nsis be ohmdmi to the jack..
dickos,lthe liasdlsof of the: nth" helot. •Se
-lbeti whether UM& stilt it di." lit 110.' it 1046,
be inquired at by do Comet! 3k that .I:apy
chi gun em AO or Parlisisto.oo4;4llf.sal
high as authority as ae teas '
ray of this flows foithei *AIM • *uf the
ugliest:. yids those cases,' fhtsieglilkiothtildlls,
that same torpojeditlad torsi iar • 'WIWI%
pot yes brill awe vaedr:iiilmoe4sti
atlghl he plostkel to, thole , . •
*nib tads a rascal le `. _
edge that are dews, trtalkerikielly This
plea is allowabityared Writ tillaasable to
soy action of Impala to Ant. nailer
Woes! meat salmalt It to yoss:-I *w tits law to
he manifestly plain—That by may of flea to the
jurisdiction it mist be, bit it SOU vier.
ruled. This boy present • "
Thokedgos thee withdrew,
to the Miami% Resohtlion ;
" Rinairsd,
_That de tie rikrp aolars,i
emehelag posestitiotot
toruoilim the,
Dosch mot set toe hethe overlalail;
Ou the 19th July the-Jedgas attended again,
Sir FRANCIS PEMBMITON then stated the
particular cue- of Jay v. Topham. The eau
was en setion of trespass for arresting and de.:
taining hint in prison' fur the space of ten days,
and keeping hint tillhe paid 301. to let him out
of prison. to this the Defendant pleaded, that
he did it by au order of the House, and this he
pleaded to the jurisdiction Of the Court, that the
Court had nothing to do with it, nor ought fur.
,ther to examine the matter; and upon that there
was a demurrer • and upon the demurrer, it was
by the Court adjudged that he should answer over
—that is, that he should plead in bar of the ac.
tion. . ,
Now, Sir, as to the reasons. When this action
was pleaded to the jurisdiction 'of the Court,. I
could find no judgmeut at all against the jurisdie.
tion of the. Court in any such case, nor any vote
of this House, or any thing or'arder against it
all. And finding as footsteps Of law, I tild'coit.-
side! then what Was reasonable and- fitting to be
dane. I Irate we bad a juristlistiopis the con
of such an *then as this is—that- this House is
a superior Coact, of a kiglser ' nature than the
King's Beach, end of .a. greataiautharity ; but
then, on the 040 side, 1 bansidered if *Courts
of Law- -stfuld:•ftot• • it, there would
be a cause struck of by a bare allegation
without stay mess' to &tiler if we bett no cog.
nieauce of it; if we Scold not examine the mat.
ters that were dame la possesses of the Orders of
°tie House, boll :Ala we blissener aJury, and
so what purpose shield we try it ; for, if- we
could not gireimoggiir he exceeded his author.
rity, %Ord sbaritilitokasitei aWI Wberi jos.,
tificattons are Justin '691:41;411-ef*Paillaseet, 'yet
forced as the Massi,intAlitia .rnew is, I never
heard there was any peodrillr.Pll4ll for, pleading
to the jurisdietion„ though 0 .by 4 higher au.
thority than this Mouse is; nor is this ill—tor in
this cue if we could sat- &aided if the man
would be without any remedy. is • the world--so
that if vas of your Oifiemah should. abuse your
orders, the persoa that be had abused could have
no help if the'Courts of Law could not help him
- —so that my apprehensions were, that WAN; the
Courts of 14 kW had jurisdiction of all soch' ic-
tioes as these were, this man must be reasediless
•if hi lual ',fretted wrong. . •
SirTBO,MAS;JONE .4. spoke to the same et'
fact; sad Wadded, " Where the entire matter is
trataladed In this House, there a plea to the juris.