and declaratory of the antient Law and Custom of Parliament [1]; and this Opinion is supported by the following Resolution of the House of Lords:
"Resolved, &c. that the Act of Parliament 4 Hen. VIII. commonly intitled, 'An Act concerning Richard Stroud,' is a general Law, extending to indemnify all and every of the Members of both Houses of Parliament, in all Parliaments touching any Bills, speaking, reasoning, and declaring, of any Matter or Matters concerning the Parliament, to be communed and treated of, and is a declaratory Law of the antient and necessary Rights and Privileges of Parliament[2]." The Commons likewise, on the Consideration of this Act, held, that whatever concerns Privilege of Parliament, must be a general Law [3].
But with regard to Lord Coke, it must be observed, that he has misquoted the Words of the Statute. He says, it is enacted, That " all Suits, &c. from that Time " and thenceforth, to be put and had upon any Member, either of that present Parliament, or at any Parliament at any Time after that Act to be holden, for any Bills, speaking, reasoning, or declaring, of any Matter or Matters concerning the Parliament to be communed or treated of, be utterly void, &c." Now the Words of the Act are, that "all Suits, &c. put or had, or hereafter to be put or had unto or upon the said Richard, and to every other of the Person or Persons above specified, that now be of this present Parliament, or that of any Parliament thereafter, shail be, &c.".
This Act, it must be confessed, is not very accurately worded. But the Provision of the foregoing Clause is evidently retrospective, and by grammatical Construction seems confined to Richard Strode, and to every other of the Person or Persons ABOVE SPECIFIED: that is, to the Persons who agreed with him in bringing in certain Bills to Parliament concerning the Tinners, which made him obnoxious to the Stannary Court, by the Authority of which he was condemned and imprisoned, &c.
It is true that the Words, "or that of any Parliament thereafter, shall be, &c." do seem to intend a general Import: But to make the Clause general, something must be supplied, and it must be amplified thus —— That all such Suits, &c. put upon the said Richard, and every other of the Person or Persons before specified, or hereafter to be put on any other Member or Members, that now be, or hereafter shall be, &c.
It is to be observed likewise, that it was considered in a restrictive Sense by the Judges in the 5 of Car. 1. to whom a Question was propounded by the Attorney General upon this Act, and they resolved that this Statute "was particular Act of Parliament, and extended only to Richard Strode and to those Persons that had joined with him to prefer a Bill to the House of Commons concerning the Tinners:" But they added "that although the Act be private, and extendeth to them alone, yet it was no more than all other Parliament Men, by Privilege of House, ought to have, &c." viz. Freedom of Speech concerning the Matters debated in Parliament, in a parliamentary Course[4].
