House of Lords Journal Volume 3: 17 June 1624

17 Junii, 1624.

Alexander Auchmooty, King's Servant. Privilege.

Whereas the Lords Spiritual and Temporal, in the Upper House of Parliament assembled, did, on the 28th Day of May last, declare and order, That the Privileges and Freedoms of the Nobility and their Servants doth begin with the Date of the Writ of Summons, and continue for Twenty Days after the End of every Session of Parliament; and whereas Alexander Auchmootye, Esquire, one of the Gentlemen of His Majesty's Privy Chamber in ordinary, was, on the 15th Day of this Instant June, arrested (contrary to that Order), at the Suit of William Haye, and detained in Prison upon an Execution by the Bailiffs of Westm. whereof the said Alexander Auchmootie made Complaint unto the Lord Keeper of the Great Seal of England, petitioning to be relieved according to the said Order; and his Lordship commanded His Majesty's Writ of Habeas corpus cum causa, etc. to be awarded, and directed unto the said Bailiffs of Westm. to bring the said Alexander immediatly before his Lordship; and did cause the said William Haye to be brought also before him; and, for that it appeared that the said Alexander was arrested and detained in Prison contrary to the Privilege of Parliament, his Lordship did set the said Alexander at Liberty; saving nevertheless unto the said William Haye his Execution for the said Debt, after the Time limited for the said Privilege of Parliament, according to the Statute in that Case provided: But his Lordship did forbear to lay any other Punishment, or Imprisonment, upon the said William Haye, or the Under-bailiff, because the said Auchmooty had, under his Hand, at that Time, disclaimed all Privilege in this Kind; which his Lordship held a sufficient Excuse for Haye and the Bailiff; and yet proceeded in the Delivery of the said Archmooty, because, as the Privileges are originally grounded with Respect unto His Majesty, his Highness, and the Lords, and not unto their Servants; so his Lordship conceived, that the disclaiming or disavowing of those Privileges must be an Act of the Lords, and not of the Servants; and that they may not, without the Lords Consent (who may have Occasion to use their Service and Attendance), dis-privilege themselves after this Manner: All which his Lordship commanded to be entered in the End of the Journal Book of this last Session of Parliament.