coke parliament mich James the house of lord and house of Commons can alone  determine and decide upon their own privilege order and custom see hale of  parliament c Bohuns collection to see fare c Com dig parliament g black  command Inst note the privilege order or custom of parliament either of the  Upper house or of the house of Commons belong to the determination or decision  only of the court of parliament a and this appear by two notable precedent the  one at the parliament hold in the that year of king Henry the six there be a  controversy move in the Upper house between the earl of Arundel and of  Devonshire for their seat place and preeminence of the same to he have in the  king presence as well in the high court of parliament as in his council and  elsewhere the king by the advice of the lord spiritual and temporal commit the  same to certain lord of parliament who for that they have no leisure to  examine the same it please the king by the advice of the lord at his  parliament year of his reign that the judge of the land shall hear see and  examine the title c and to report what they conceive herein the judge make  report as follow that this matter videlicet of honour and precedency between  the two earl lord of parliament be a matter of parliament and belong to the  king highness and the lord spiritual and temporal in parliament by they to be  decide and determine yet be thereto so command they show what they find upon  examination and their opinion thereupon another parliament in h which  parliament begin the that coke of march and after it have continue some time  it be prorogue until the that of February and afterward in Michaelmas term  year Henry Thomas Thorp the speaker of the Commons house at the suit of the  duke of Buckingham be condemned in the exchequer in damage for a trespass do  to he the that of February the Commons move in the Upper house that their  speaker may be set at liberty to exercise his place the lord refer this case  to the judge and fortescue and Prisot the two chief justice in the name of all  the judge after sad consideration and mature deliberation have among they  answer and say that they ought not to answer to this question for it have not  be use aforetime that the justice shall in any wise determine the privilege of  this high court of parliament for it be so high and mighty in its nature that  it may make law and that that be law it may make no law and the determination  and knowledge of that privilege belong to the lord of the a that the privilege  of parliament whether in punish a person not one of their member or in punish  one of their own body can be question in a court of commonlaw that their  adjudication be a sufficient judgement that the warrant of the speaker be a  sufficient commitment and that after notice and demand of admission outer door  may be break open to have execution of their process Vid Burdett v abbot east  SC affirmed on error taunt Burdett v colman east and the authority cite there  coke report er p parliament and not to the justice but as for proceed in the  low court in such case they deliver their opinion and in e in sir John Pastons  case it be hold that every court shall determine and decide the privilege and  custom of the same court c