case the king against the earl OF Danby a peer of the realm commit by the  house of lord on a impeachment carry up against he by the Commons may on the  session be prorogue or the parliament dissolve he bail by the court of king  bench to appear at the bar of the house of lord on the first day of the ensue  session or meeting of ParIiament SC skin SC saint Tr the defendant have be a  long time in the tower by commitment of the lord house ground on a impeachment  of the Commons for treason be bring hither again on his habeas corpus as he  have be several time before and refuse to be bail Mr Wallop now move for he  the superiority of the lord can hinder I be sure here and there the shower KB  proceed be all in person ring the judgement here and there be the king  judgement this court have a double jurisdiction first a primary direct  jurisdiction second a secondary jurisdiction to correct the error and defect  of other and when the first be want the other may be have to have ex to turn  aside quod non to have in straight he cite Inst and Keilway and coke comment a  where he say placita curiae superioris non to follow curian below unless there  be a failure of justice which there must be here unless your lordship do  relieve he he cite cro James lamb Archaion Inst Mr pollexfen of the same side  first take my Lord danby pardon out of the case whether or no his be impeach  and the parliament dissolve he may not be bail first this be a judicial  proceed in parliament and not relate to their legislative power now during no  parliament this be the Supreme court in be for the defence of the king  prerogative and by the dissolution of the parliament all the judicial proceed  there be discontinue and the inferior court be let into their jurisdiction the  yearbook I Henry pl say if the parliament be dissolve the proceed be discharge  he cite cro James latch Noy it be true there have be some order of the lord  house since to the contrary but that can make any alteration of the law and  the practice be so though proceed in inferior court be supersede during their  session yet upon a dissolution they proceed here below and so be the law and  so be the practice and this be so in case original beginning there if any  person be commit upon complaint there when the parliament be dissolve they  have always be discharge the case of fitzharris do go much further and if that  impeachment do not hinder this court from try sure this will riot hinder from  bail you bail here though you can try here though the fact be triable other  where as for murder or felony commit in Ireland or on the high sea this court  have the general care of the king prerogative and the subject shower KB  liberty   light till within seven year there be never any such question the  Lord shaftsbury case be when the parliament be sit and only adjourn Lord  Stafford case b be upon a prorogation to a day certain beside we have a pardon  to this very impeachment a Richardson case ante a see the commentary on the  twelve chapter of great Charta Inst p b raym see also Carth and hawk p c  shower KB er p which be certain good in the four of Charles the first  Mainwaring be impeach and yet pardon c in Edward it be desire there that no  pardon shall be without consent of parliament d the cause we insist on of his  be bail arise from the parliament videlicet the dissolution for during the  session we have no colour to desire it for then we may be bring to answer but  now we can in Rushworth e as to the order of the house of lord of the nine of  march that be that all impeachment shall stand in position quo not that all  impeachment and commitment shall f impeachment and commitment be not so near  link the one be not a incident to the other for this lord be impeach and not  commit till the next parliament and so be my Lord Scroggss impeachment and yet  not commit at all the commitment be not till he be discharge by this house but  till he be discharge by due course of law this court have jurisdiction of the  cause original Pritchard be commit by the house of lord and on a prorogation  discharge g okey bank and Corbet be attaint in parliament and bring over from  beyond the sea the parliament be prorogue the record be remove by certiorari  to the chancery and from thence by mittimus hither and upon this execution  award c during the session there can not be any proceed yet in the absence of  this parliament a authority be delegate upon this court at last per tout Le  court he be bail to appear at the lord bar the first day of the then next  parliament h and the next day my Lord Bollasyse Lord powis and Lord arundel be  also bail I shower KB memorandum that at the next parliament which be in the  first year of James the second they appear and be discharge and it be note in  the lord house that a prorogation discontinue all proceed there