ocesses upon ground of privilege had not
been known, to say that, "if any person that is a member of this high
court of parliament be arrested in such cases as be not for treason, or
felony, or surety of the peace, or for a condemnation had before the
parliament, it is used that all such persons should be released of such
arrests and make an attorney, so that they may have their freedom and
liberty freely to intend upon the parliament."

Notwithstanding this answer of the judges, it was concluded by the lords
that Thorp should remain in prison, without regarding the alleged
privilege; and the commons were directed in the king's name to proceed
"with all goodly haste and speed" to the election of a new speaker. It
is curious to observe that the commons, forgetting their grievances, or
content to drop them, made such haste and speed according to this
command, that they presented a new speaker for approbation the next
day.[239]

This case, as has been strongly said, was begotten by the iniquity of
the times. The state was verging fast towards civil war; and Thorp, who
afterwards distinguished himself for the Lancastrian cause, was an
inveterate enemy of the duke of York. That prince seems to have been
swayed a little from his usual temper in procuring so unwarrantable a
determination. In the reign of Edward IV. the commons claimed privilege
against any civil suit during the time of their session; but they had
recourse, as before, to a particular act of parliament to obtain a writ
of supersedeas in favour of one Atwell, a member, who had been sued. The
present law of privilege seems not to have been fully established, or at
least effectually maintained, before the reign of Henry VIII.[240]

No privilege of the commons can be so fundamental as liberty of speech.
This is claimed at the opening of every parliament by their speaker, and
could never be infringed without shaking the ramparts of the
constitution. Richard II.'s attack upon Haxey has been already mentioned
as a flagrant evidence of his despotic intentions. No other case occurs
until the 33rd year of Henry VI., when Thomas Young, member for Bristol,
complained to the commons, that, "for matters by him showed in the house
accustomed for the commons in the said parliaments, he was therefore
taken, arrested, and rigorously in open wise led to the Tower of London,
and there grievously in great duress long time imprisoned against the
said freedom and liberty;" with much