A Constitutional History of England

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The privilege was successfully asserted in the case of Lark in 1429 and Smalley in 1575. In 1584, in the case of Digges, the Lords successfully established a similar claim. This immunity of members' persons, their property and their servants from prosecution for debt and similar offences, bore very heavily on ordinary folk, especially as the privilege held good, not only while Parliament was sitting, but for forty days before and after the session, so that members might come and go in safety.
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...n consequence, it was enacted in 1770, that any suit might be commenced or prosecuted at any time against members or their servants and the privilege of freedom from arrest or imprisonment was limited to the members themselves. On the plea that their presence is required in a higher court, both Houses enjoyed two privileges alUed to that of freedom from arrest, namely exemption from appearing as witnesses and from serving on juries.
The former privilege is now waived, the latter was con- firmed by statute in 1870.


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