The  action  was  in  indebitatus  assumpsit  for  goods  sold  and  deli-
EtoiaraUon  "^^^  ou  the  Ist  of  April,  1657  ;  plea  non  assumpsit

infra  sex  annos.  Replication,  ''  that  the  defendant
at  the  time  of  the  promise,  and  till  dOth  January,  24  Charles  L
(1649),  was  a  Member  of  the  House  of  Commons,  on  which  day
Parliament  was  dissolved  by  the  death  of  the  King ''  (that  was  when
Charles  L  suffered  at  Whitehall)  ;  "  and  that  by  the  Privilege  of
Parliament  every  person  being  a  Member  thereof  is  and  ought  to  be
free  from  all  actions,  suits,  and  prosecutions,  unless  for  treason,
felony,  or  breach  of  the  peace,  so  that  it  is  not  lawful  to  sue  out
any  original  Writ  or  Bill  against  a  Member  of  Parliament  from  any
Court  of  our  Lord  the  King  sitting  in  Parliament,  and  that  from
30th  January,  24  Charles  I.,  to  29th  May,  12  Charles  II.  (1660,
the  date  of  the  Restoration),  there  was  not  any  Court  of  Chancery
of  our  Lord  the  King  from  which  an  original  Writ  could  issue  ;  nor
any  other  Court  of  Record  of  our  Lord  the  King  open,  in  which  the
plaintiff  could  have  brought  his  action  in  that  interval;  and  that
the  action  was  brought  within  six  years  from  the  29th

Rejoinder.  °  •'

May,  12  Charles  II.  The  rejoinder  by  the  defendant
was,  that  the  cause  of  action,  if  any,  accrued  to  the  plaintiff  on  the
20th  July,  21  Charles  I.  (1646),  and  from  thence  to  the  death  of
the  late  King,  and  from  thence  hitherto  the  Court  of  Chancery  and
other  superior  Courts  at  Wsstminster  were  open ;  so  that  the  plain-
tiff might  have  freely  prosecuted  his  action  with  effect."    There  was

a  sur-rejoinder  by  the  plaintiff,  ''  that  the  defendant;

was  a  Member  of  Parliament,  till  30th  January,  1649,
so  that  the  plaintiff  could  not  sue  out  any  original  Writ  or  Bill
against  him ;  and  that  from  thence  till  the  29th  May,  1660,  there
were  no  Courts  of  our  Lord  the  King  in  which  the  plaintiff  could

have  sued  the  defendant."     Whereupon  there  was  a

demurrer  and  a  joinder  in  demurrer.      Now  your


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318  PARLIAMENTARY  PRIVILEGE.
