The parliamentary privilege of freedom from arrest, 1603-1629
This thesis considers the English parliamentary privilege of freedom from arrest (and other legal processes), 1603-1629. Although it is under-represented in the historiography, the early Stuart Commons cherished this particular privilege as much as they valued freedom of speech. Previously one of the privileges requested from the monarch at the start of a parliament, by the seventeenth century freedom from arrest was increasingly claimed as an 'ancient', 'undoubted' right that secured the attendance of members, and safeguarded their honour, dignity, property, and 'necessary' servants. Uncertainty over the status and operation of the privilege was a major contemporary issue, and this prompted key questions for research. First, did ill definition of the constitutional relationship between the crown and its prerogatives, and parliament and its privileges, lead to tensions, increasingly polemical attitudes, and a questioning of the royal prerogative? Where did sovereignty now lie? Second, was it important to maximise the scope of the privilege, if parliament was to carry out its business properly? Did ad hoc management of individual privilege cases nevertheless have the cumulative effect of enhancing the authority
Stapylton, K. A. T.
The parliamentary privilege of freedom from arrest, 1603-1629. This thesis considers the English parliamentary privilege of freedom from arrest (and other legal processes), 1603-1629. Although it is under-represented in the historiography, the early Stuart Commons cherished this particular privilege as much as they valued freedom of speech. Previously one of the privileges requested from the monarch at the start of a parliament, by the seventeenth century freedom from arrest was increasingly claimed as an 'ancient', 'undoubted' right that secured the attendance of members, and safeguarded their honour, dignity, property, and 'necessary' servants. Uncertainty over the status and operation of the privilege was a major contemporary issue, and this prompted key questions for research. First, did ill definition of the constitutional relationship between the crown and its prerogatives, and parliament and its privileges, lead to tensions, increasingly polemical attitudes, and a questioning of the royal prerogative? Where did sovereignty now lie? Second, was it important to maximise the scope of the privilege, if parliament was to carry out its business properly? Did ad hoc management of individual privilege cases nevertheless have the cumulative effect of enhancing the authority
parliamentary privilege freedom arrest considers english parliamentary privilege freedom arrest legal process although under represented historiography early stuart particular privilege much value freedom speech previously privilege request monarch start parliament freedom arrest increasingly claim ancient right secure attendance member safeguard honour dignity property necessary servant uncertainty status operation privilege major contemporary issue prompt key_question research first ill definition constitutional relationship crown prerogative parliament privilege lead tension increasingly polemical attitude question royal prerogative sovereignty lie second important maximise scope privilege parliament carry business properly hoc management individual privilege case nevertheless cumulative effect enhance authority