case the case OF elderton porter and other queen whether the commissioner of  the board of green Cloth can as justice commit a man to the porter of the  verge S c ld ray S c salk S c holt the defendant be take up by a warrant from  the Lord high steward treasurer comptroller and clerk of the green Cloth set  forth a complaint make to the board of green Cloth of a forcible entry make by  they into a house in scotlandyard in the queen royal palace of Whitehall  riotous and in contempt of the privilege of the queen palace and without  warrant from the green Cloth the warrant be direct portatoribus virgar  hospitality of the queen and they not give bail be commit to Lovet porter of  the palace to receive and keep they till they give bail for appearance at the  next session to be hold for the verge or until be receive further direction  from the board of green Cloth and modern be bring up by habeas corpus a return  be make to the commitment for the cause aforesaid by the person aforesaid all  of who be return to be justice of peace for the verge Montague take these  exception first the warrant set forth a information make to this board without  show what board and if it bad express the board of green Cloth it have not  mend the matter for as such their power be only over the servant of the family  and over none else even in case of trespass or bloodshed or any other breach  of the peace for that which give they a power be the statute of Henry c and  therefore they have no far authority than that Act give they second the queen  do not then actual reside there nor do it set forth that she do and it can be  say a breach of privilege for two reason first the queen honour be as much  concern that the process of law shall be duly execute as in the privilege of  her palace second by the late Act of parliament all privilege be take away and  that Act be to be construe favourable in the execution of justice three if it  be say that they have conusance of it as justice of peace they shall have  commit they as such and under a proper officer as constable c fourthly the  conclusion of the commitment be not legal for it shall be till they be deliver  by due course of law but this be till they find surety for their appearance at  the next court of the verge Inst lev cro car Mod hawk p c ch S notorious facts  a and it be not say when that be to be or that ever there will be any five  they say it be in breach of the privilege of the queen court but they do not  state what those privilege be that the court may judge whether this fact be  against they Northey attorneygeneral for the return first the authority of the  party commit never appear upon the commitment but always upon the return and  that be the right way it be object that they have no power to commit as a  board but I answer that it be not necessary to inquire into their power as  they be a board now for though they meet there about other business yet their  be there do not make they cease to be justice of the peace and they have their  session for the verge and the commitment be till they find surety for their  appearance at the next session of the verge it never be the modern er p intent  of the late statute to expose the queen palace to the disorder that often  attend execution of process and he quote Jacob hall case Mod c there needs not  a Act of parliament to make a palace for it be the king right to declare a  royal palace and the privilege follow of consequence king William declare  Kensington a palace modern warrant be not like plead as be make by person  entrust with the execution of the law but have not the nice knowledge of it  commitment till he find bail or commitment general for want of bail be the  same for whoever be commit for want of bail be in truth commit until he find  bail wherever there be a palace the privilege of a palace be incident to it  whether there be a actual residence or not and the statute of Henry c be  needless though it make this case the strong and that statute set limit to  Whitehall show that there be local privilege belong to the palace and what can  they be if they be not that something may be lawful do elsewhere that may not  be so do there this be in the outward part of the palace make no difference  for they shall set no other bind to privilege than the Act have do here holt  chief justice it need not appear in the warrant or commitment that they be  justice of peace but that be always upon the return these fellow be very  wilful for either they be right or they be wrong and why may not they find  bail and have the matter determine legal there be a commission of oyer and  terminer and a commission of the peace for the verge and the Lord steward have  only a commission for the household the matter therefore will be only this  whether this be do within the queen palace and it not be say that the queen be  actual reside there that be whether the privilege be not confine to the  residence another question will be in case it be confine to a residence what  will amount to a residence for suppose the queen be at Windsor and a murder be  commit at Whitehall shall the Lord steward judge of it upon the statute of  Henry c or suppose it be now at Winchester Northey attorneygeneral put the  case of Burchett Inst a who kill his keeper in the tower and though the king  do not reside there yet because it be in his palace his hand be cut off first  and after he be hang holt chief justice though the word of the statute be or  other house where the king be resident those word be only to give the same  privilege to house that be not palace during the king residence as to the  objection that they be commit for not give security to appear at the session  of the verge and it do not appear that they have jurisdiction of it we be  judicial to take notice of all thing belong to the queen and by consequence of  the power and jurisdiction of the session of the verge of the palace Powell  justice sure the word other house where the king reside be only applicable to  house not palace and sure the privilege of a palace be not confine to actual  residence see hawk p c c S b and he insist on Burchetts case aforesaid the  other two judge seem of that opinion and beside if it be confine to a  residence the queen secretary of state keep his office here will be good  evidence modern of a residence Powell justice say that he have know arrest  condemned for be in Whitehall without leave and if a arrest be make in  westminsterhall sit the court it be a contempt and why may not it be the same  if in the queen palace to the disturbance of the queen or her servant and the  consequence may be very dangerous to suffer a number of fellow in a rude  manner under colour of process to enter into the queen palace it be true we do  nor know in this court that the board of green Cloth have jurisdiction here  but the member be return to be justice of the peace and we know there be a  commission of the peace and of oyer and terminer for the verge which give  power to punish riot trespass c he say far that the marshal of the queen house  be the gaoler and that the commitment proper ought to be to he but perhaps it  may be to the porter in order to carry the prisoner to the marshal as in this  court to a tipstaff but still the commitment ought to be to the marshal and  their authority be to commit as justice of peace and not as a board it be true  if the commitment have be by they modern er p general we will have understand  it to have be in that capacity in which they lawful can do it but whether they  have not tie it up to their power as board of green Cloth so as to leave no  room for such intendment be a question however if the commitment shall be bad  for these fault we may indeed discharge the defendant of their present  imprisonment and bind they to appear at the session of green Cloth as if a  commitment be to the new prison it be not lawful as not be a legal gaol yet we  will not set the party at liberty but commit he legal by virtue of the  universal power of the court and though this porter be not a proper officer we  may remand they to he until we consider of the matter and order they to be  bring up again by rule and all matter to stay in the mean time as they be and  after the return be file though they offer bail for their appearance here the  last day of term yet the court remand they and give rule for the bring they up  two day after and will not bail they in the mean time note the chief justice  upon this occasion order the record of Burchetts attainder to be bring into  court and it be Michaelmas term Elizabeth roll and there be no judgement there  that his hand shall be cut off though the chief justice say his hand have be  in truth cut off and so be my Lord coke and stow history nothing further be  ever do in this matter that I have find but vide postea