366. Proceedings in Parliament upon the Case of JAY and TopllAm; and the Defence made by Sir Francis Pemberton and Thomas Jones, for their Judgment given therein : 1 WILLIAM & MARY, A. D. 1689.* MR. TOPHAM,-I- Seijeant, attending the House of Commons, having by his Petition complained, That he had been a great std. ferer by several lirosecutions at law for executing the Orders of the House ; and that hay ing pleaded those Orders to the jurisdiction of the Court of Kings Bench, his pleas had not been allowed, but judgment was given against him : the House referred the examination and consideration of this matter to the Committee of Privileges. Accordingly the Committee met and examined the matter. July 6, 1 Will. and Mar. Cot: Byrch reported the tact as it appeared to the Committee, with the opinion of the Committee thereupon, with which the House agreed, hi these words : * With respect to Privilege of Parliament, see in this Collection, the Cases of Shirley and Fagg, vol. 6, p. 1121 ; of the Earl of Shaftesbury, on a Habeas Corpus, vol. 6, p. 1269 ; of Richard Thompson, vol. 8, p. 1; of John Wilke.) A. D. 1763; of Brass Crosby, A. D. nil; and Flower, A, D. 1799, with the notes, books and cases there referred to. See, also, the Speech of Lord Erskine in the House of Lords, May -7th, 1810, 16 Cobb. Pail. Deb. 850. t Concerning this Topham, see an Extract from Norths Examen, given in vol. 8, p. 12, of this Collection. Resolved," That the House doth agree with the Committee, That the Judgment given by the Court of Kings Bench in Easter Term, 34 Car. 2, Regis, upon the Plea of John Popham. (at the suit of John Jay) to the jurisdiction of that court ; and also the judgments given-against the said Mr. Topham, at the suit of Samuel Verdun, John Hillard, Thomas Staples, Richard Blyth, John Nelson, Thomas Here.. bert, Nathaniel Reading, and Richard Har~ neqge, are illegal, and a violation of the privileges of parliament, and pernicious to the rights of parliament." The House being informed, That sir Francis Pemberton and sir Thomas Jones were Judges of the Kings Bench at that time, ordered them to attend upon Wednesday next fol- lowing. July 10, 1689. The House being informed, That sir Francis Pemberton and sir Thomas Jones attended, pursuant to the Order of the House; sir Francis Pemberton was first brought in, and Mr. Speaker spoke to him to this effect : Mr. Speaker (Mr. Henry Powle). The House has been acquainted, there was an action brought in the Kings Bench in Easter Term, 34 Car. 2, by one Jay against Serjeant Popham. To which action he pleaded the jurisdtction of this House ; and that it proceeded to a demurrer, and the Plea was overruled by you as Chief J ustice ; so the House has scut 823J Asu I1. Proceeaisgs i Parliament, 185* for you to know upon what ground you did it. ; mantled, to attend- you upon ; whether I Sir Francis Pemberton. Sir, know nothing give any such judgment or no, it will appear of this action, I have been out of the Court by the record itself. now six years this vacation. If I saw the Mr. Speaker. We have examined the offi- pleadings, it may, be I might give you some cers, and they give us an account, that sir F. account of it, but I cannot remember so many Pemberton was chief justice, and you another thousand actions as were brought at that time. judge then. Hut if you will let me know what the charge Sir Thomas dimes. I was a judge of the court is, I do not doubt but I can give you a good ac- at that time, but I cannot certainty say, we did Count of it. You say, Sir, he pleaded the ju. give judgment to over-rule the plea ; I hope; if lisdietion of this Rouse. we did, it was according to law. Mr. Speaker. That is, there was a Plea to Mr. Speaker. Well,Sir, you may withdraw, the jurisdiction of the Court of Kings Bench, if you please. [Sir Thomas Jones withdraws. That it was done by Order of, this House; so Sir Francis Pemberton brought iu again. fit concerns the jurisdictiou of this House. Sir Francis Pemberton. This is quite new to Mr. ,Speaker. Sir Francis Pemberton, the me, for I know not what I was sent for. You House took notice when you were in before, were pleased M summon me to attend, but I you said, when an order of this House was aid not know for what, nor do I remember any pleaded to the jurisdiction of the Kings-bench, such action brought by day; I remember only you conceived by the law it ought to he over-an action was brought by Verdona against ruled ; ;anti that you could give those reasons Topham. And .I remember there was a too- that would satisfy the House it was.so.; they tion made to us for a new trial in the case, expect you should give them now. where there was 5001. damages given. And Sir E Pemberton. Mr. Speaker, as to this we did give them a new trial, for we thought it question concerning this particular case I know monstrous and nnreasonable damages. nothing; I know not what the pleading was. 11r. Speaker. There were several actions Mr. Speaker. The House does not expect brought, but that which the -House would be any thing of your answer as to this particular informed of, is the action that was between case; but you seemed to make your assertion John Jay and John Topham. general, and therefore they desire to hear what Sir Francis Pemberton. Under favour, I can you can say as to your general assertion. say nothing to this action ; but this I can say, Sir E Pemberton. To satisfy the House of if the defendant should plead he did arrest him all together, C would desire to look into this by the command of this House, and should particular case ; for -I do not know whether I plead that to the jurisdiction of the court of was judge or not then : if they will give me Kings Bench (I can say nothing to this par- some time, I will give them an account of the titular action, but) I think, with submission, I whole. can satisfy you, that such a plea ought to be Mr. Speaker. The House expects to have eetrer.ruled, and I take it, the law ie very clear some account now of what you said, that a as to this ; but as to what is laid to my charge, plea to the jurisdiction of the court of Kings-with respect to this particular action, if you bench ought to be over-ruled. please to give me some time to look into the Sir F. Pemberton. It they please, since they records of the court. charge me with this particular case, I wilt au- Mr. Speaker. The House will consider of it, swer to the whole together. if you please .to withdraw, and then give you Mr. Speaker. Well, Sir, if you please to their resolution., [Sir Francis Pemberton with- withdraw, [Sir Francis Pemberton withdraws.) draws.] He, is brought in again. Sir Thomas Jones brought in. Mr. Speaker. Sir Francis Pemberton, the Mr. Speaker. Sir Thomas Jones, the occa- House did take notice that you did affirm here...
