case case OF John pit esquire in sergeant inn how far privilege of parliament  after dissolution shall be extend fort Barnard Str Cas tempt Hardw Cunn SC Tid  bring the case refer to the consideration of the judge assemble at sergeant  inn be thus John Pitt be burgess in parliament for the borough of Camelford  and on the that of may the parliament be prorogue by the king to the of June  next and on the ensue day videlicet the that of may it be dissolve by  proclamation the first question be if John Pitt be entitle to the privilege  after the dissolution and it be agree by all the judge that member of  parliament have title to the privilege to go to delay Of persons appendix to  Reg a writ for the abbot of Malton against those who have arrest he in his  return home recite that whereas the noble in go to parliament and stay there  and return from thence c a citizen of Exeter be condemned on several  information in the exchequer during the session of parliament Edward a Act be  make that he shall have as many supersedeass till he shall come home in cotton  record p it be say that the Commons claim privilege forty day before and forty  day after every session but the Commons never have ascertain the time of their  privilege although it be declare by the chancellor upon consultation of the  lord that peer have only twenty day before and after each session and that  their privilege commence from the date of the writ of summons Ch Cas a lev  comens so the privilege of a burgess begin but at his election for if he be  arrest before he shall not have privilege more second question bow long the  privilege continue it be say that the lord have determine their privilege to  have continuance for twenty day before the beginning and twenty after the end  of the session but the Commons claim forty day lev as before but all the judge  seem to think that the Commons ought to have a reasonable time before and  after the session but what time be reasonable never have be by they express  determine yet this arrest seem too hasty and within the time that ought to be  allow for his return the three question be how advantage shall be take of the  privilege and it appear to several that he ought to plead or at least to sue a  writ of privilege before the court can take notice that he be entitle to it  but after consideration it be agree by ten judge that although a writ of  privilege be more proper before the stat W c yet after this statute no plea of  privilege can be well plead for such plea conclude si curian understand  lightarmed footsoldier but by this Act it be enact that if any have cause of  action against any of the knight citizen or burgess or other person entitle to  privilege oh parliament he may prosecute c by summons and distress infinite or  by original bill and summons as attachment and distress infinite c provide the  Act extend not to subject the person of any entitle to privilege of parliament  to be arrest during the time of privilege and therefore no plea can be to the  suit but only to the manner of proceed but a plea be never know to process for  irregularity of the process be aid by the appearance of the party and each  plea shall go to the writ or action as to a bill or plaint but the bill here  be well comens er p comens and therefore be only a irregularity against this  Act which be a public Act and express provide that no person entitle c be  arrest during time of privilege it seem reasonable that it shall be remedy by  the court upon motion and due proof of the fact by affidavit as if one arrest  the servant of a ambassador contrary to the statute saint Ann c a annae or  upon a Sunday against the statute saint car c S b car or in other case of  privilege as when aSupra p c juror or witness or the plaintiff himself be  arrest in go to or return from the court which be all discharge upon motion  and by Lord Hardwicke chief justice a writ of privilege be not here usual only  where privilege be plead