Forensic Archival BriefingDie Jovis, 30 Augusti, 1649

The 1649 Table of Fees & The "Delinquent" at the Bar

Advanced Archival Investigation • The 1628 Book, 1640 Bradshaw Forgery & 1738 Cooke Writ

Underground Parliamentary Protections vs. Royal Judicial Writs

Evaluating the 1628 anonymous treatise Priviledges and Practice of Parliaments, its two template writs (pages 20–23), the 1640 Edward Bradshaw counterfeiting scandal, and the contrast with the 1738 George Cooke Yorkshire Sheriff writ.

1. The 1628 Mystery Book

Priviledges and Practice of Parliaments (1628)

Published anonymously on the eve of the Petition of Right. Attributed variously to Henry Elsynge, antiquarian Ralph Starkey, or the John Selden / Dudley Digges constitutional circle.

Why anonymous? Publishing internal parliamentary procedures, standing forms, and the mechanisms of thwarting royal sheriff executions was politically perilous under Charles I.
2. The 1640 Black Market

Edward Bradshaw's Forgery Ring (April 1640)

The House of Lords uncovered that Edward Bradshaw was manufacturing counterfeit parliamentary protections using the exact template from pages 20–21 of the 1628 book, selling them for £3 apiece under Lord Morley’s name!

The Scheme: Wealthy debtors facing arrest for £1,000 debts bought Bradshaw’s forged protections; when the Sheriff came, the debtor brandished the protection, and bailiffs dared not touch them for fear of the Serjeant at Arms.
3. The 1738 Cooke Writ

Sir George Cooke & Baldwin's Attachment of Privilege

Your 1738 document is an Attachment of Privilege (Breve de Privilegio) issued by Sir George Cooke, Chief Prothonotary of Common Pleas at Westminster, on behalf of attorney John Baldwin (signed "Radcliffe for Baldwin").

Jurisdiction Transfer: Baldwin, as an attorney of Common Pleas, used his Westminster privilege to pull Yorkshire defendants Jonas Tillotson & John Holdsworth out of local Yorkshire courts into Westminster on a plea of Trespass.
Civil/Criminal Boundary: In this era, Trespass (contra pacem regis) bridged civil debt and criminal violence, authorizing bodily arrest (*Capias*) and local detention.
"By the Grace of God": Royal court writs ran as sovereign command papers (originating from an ancient petition to the King). In contrast, the 1628 Parliamentary Protections excluded the King's name because they emanated solely from the independent dignity of the Houses!

Did the Official Journals Ever Print the Protection Template?

In the House of Commons Journals:

The Commons NEVER authorized or printed a standing template for written protections.

Instead, the Commons repeatedly condemned written protections as an engine of fraud. On 14 November 1640,26 April 1641, and 17 January 1641/2, the Commons entered landmark resolutions:

"Resolved, upon the Question, That all Protections written, and granted, by any Member of this House, shall be from this Day void, and called in: And that no Member of this House shall grant any Protection to any Person whatsoever, except to his menial Servants, actually and ordinarily employed in his household Service."
In the House of Lords Journals:

The Lords entered individual protections into their manuscript registers, but not as universal printed templates.

In response to scandals like Edward Bradshaw's, the Lords instituted a strict register in the Parliament Office. Peers were limited in the number of servants they could protect, and in 1705 and 1724, the Lords finally passed Standing Orders declaring all written protections void.

Result: The printed templates (such as pages 20–23 of the 1628 book) existed exclusively in "underground" legal manuals, circulating among lawyers and scriveners who copied them for clients!

Exact Transcriptions of the Two Templates in the 1628 Book

Template 1: Form of a Protection (pp. 20–21)

"The forme of a Protection to be made by any person of eyther House of Parliament, vnto such of their Servants as may stand in danger of Arresting in time of Parliament."

"Whereas by the ancient Priviledges, Lawes and Customes of this Realme heretofore used and approved... I being a Baron and Peere of the Realme (or Knight, or Burgesse)... I understand notwithstanding, that you or some of you, haue now in your hands some Processe, Writ or Warrant, to molest, arrest, imprison I. B. my houshold Servant in ordinary..."

"These are therefore to Charge and Command you... both to Withdraw the same Processe... As also... presently set him at Libertie, as you or any of you Will answere the contrary. Given under my hand and Seale the 16. day of February, 1627."

To all Maiors, Sheriffes, Bayliffes, Sergeants, Knights, Marshals-men...
Template 2: Threatening Letter to the Sheriff (pp. 22–23)

"The forme of a Letter to bee directed to the Sheriffe of L. for discharge of a Seruant that is Arrested vpon Execution... notwithstanding his Protection."

"Mr. Sheriffe, Whereas I was to bee attended to the Parliament, I wanted one of my houshold seruants, a Gentleman of mine, called B... I understand hee is in the Custody of the Sheriffe of Middlesex... upon an Execution of 1000. pounds, And that hee doth detaine him and will take no notice of my priuiledge under my hand and Seale..."

"...expecting your answere and the release of my Seruant, otherwise, I purpose not to loose the priuiledge of a Peere of the Realme... in sending for them and the Plaintiffe by a Serjeant at Armes, Or to conuent them before the Lords for their contempt."

Cites 1 Jac. I c. 13 (1604 Parliamentary Privilege Act / Shirley's Case)

The Jason Peacey Collection: Bishops, Triers of Petitions & The Enforcement of Protections

Vol7.JasonPeace.docx • HL/PO/JO/10 Primary Audit
1. Why Petitioners Reached Out to Bishops

From medieval Parliaments through the 1640s, the Crown appointed "Triers of Petitions" (Triatores Petitionum) at the opening of every session. This statutory committee consisted of Archbishops and Bishops alongside senior judges and peers.

Because Bishops held both equitable conscience-jurisdiction and hereditary seats in the Upper House, humble citizens, servants, and debtors viewed Bishops as institutional protectors against rapacious common-law process, exorbitant under-sheriff fees, and bailiff violence.

2. The Petition as a Judicial Surety

Unlike ordinary common law where a writ required monetary pledges (plegii de prosequendo), a Parliamentary petition operated as anindependent judicial surety invoking the supreme equitable jurisdiction of the High Court of Parliament.

When an aggrieved party or protected servant submitted their petition, the House examined the complaint: if true, the House immediately issued a Writ of Habeas Corpus cum Causa to liberate the prisoner and sent the Serjeant to arrest the arresting officer as a Delinquent!

3. Crown Command vs. Parliamentary Injunction

The 1738 Cooke Writ: Runs strictly in the King's style ("George the Second by the Grace of God...")—a royal command paper commanding the Sheriff of Yorkshire to attach bodies for trespass in Common Pleas.

The 1628 Parliamentary Protection: Issued under the private seal of a Peer or MP. It did not invoke royal prerogative; it warned the sheriff that defying the Member was a Breach of Privilege punishable by the Serjeant at Arms.

Primary Verbatim Transcripts from the House of Lords Main Papers (Peacey Collection)
John Bird (Servant to Lord Bishop of Rochester) v. Under-Bailiff Gillett (1621)HL/PO/JO/10/1/16

Westminster bailiff ignores Bishop's livery and refuses 4 bails:

"Most humbly sheweth unto your lordshipps, that beinge suerty for one Anthony Porter for a debte of tenne poundes, he was upon Munday the last day of Aprill arrested by one John Gillett an under-bayliffe of Westminster to whom he signified diveres tymes that he was servant to the Lord Bishop of Rochester, and soe knowne in all Westminster where he dwelt; and att that instant did weare the said Lord Bishop his livery... but the said bayliffe refused to admitt of the privilidge... and delivered the said Bird to the gaoler with all despite."

Parliamentary Order (2 May 1621): "John Gillett to be sent for to be here at the next sitting of the howse." (Arrested by Serjeant for contempt of the Lords Spiritual).
Salomon Browne (Solicitor to Archbishop of York) v. Sheriffs of London (1621)HL/PO/JO/10/1/14

Solicitor to Toby Matthew, Archbishop of York, arrested by London serjeants-at-mace:

"Humblie sheweth to your Honors that whereas by the laudable and ancyent priviledges and customes of this Realme of England the servant and sollicitor of any the lordes spirituall or temporall assembled in the High Courte of parliament are and ought to be protected and freed from arreaste and imprisonment... The peticioner being servant and sollicitor unto the most reverend father in god Tobie Lord Archbishop of Yorke was synce the begining of this parliament arrested by Richard Reynoldes and Robert Wright sergeantes at mace to the Shereifes of London..."

Constitutional Remedy: Lords issue immediate Habeas Corpus directed to the Sheriffs of London for Browne's enlargement.
John Nanton v. Northamptonshire Bailiffs & Sheriff (1621)HL/PO/JO/10/1/17

Peer's testimonial rejected with "contemptible and despightfull wordes":

"And whereas likewise your suppliant did then and there pleade that he was your lordships servant particularly appointed to attend your lordship, and to that purpose produced your lordships testimonyall under your lordships hand and seale; which being refused and rejected with contemptible and despightfull wordes... your suppliant was forthwith convayed by the saide bayliffes unto Northampton gaole, where the sheriffe was ready with an execution upon the same bonde..."

Coercive Order (28 April 1621): Corpus cum causa issued to Sheriff of Northampton, and Serjeant ordered to fetch the plaintiff, under-sheriff, and bailiff to the Bar!
Joseph Bastard (Servant to Lord Mohun) v. Sheriff of Middlesex (1661)HL/PO/JO/10/1/303

Protection entered in Sheriff's office, yet servant detained in Newgate & Fleet:

"That your petitioner was a domesticke servant to the said Lord Mohun in the time of the last Parliament and had the protection of his said lord under his hand and seal which he produced and shewed to the sheriffe of Middlesex and had an allowance theirof at the sherriffes office where the same was entred as also had like allowance theirof with the bailiffe of Westminster nevertheless... was arrested by a warrant of the sherriffe of Middlesex... and hath thereupon bene detained a prisoner in Newgate and the Fleet ever since..."

Remedy: Direct parliamentary intervention to liberate the servant and grant reparation against the malicious prosecutor and sheriff.

Due Process of Law, Article 5 of the 1688 Bill of Rights & The Black Act 1723

42 Edw. III c. 3 • 1 Wm. & Mary sess. 2 c. 2 • 9 Geo. 1 c. 22
1. "None Shall be Put to Answer Without Due Process"42 Edw. III c. 3 (1368)

Originating directly "At the Request of the Commons by their Petitions":

"ITEM, At the Request of the Commons by their Petitions put forth in this Parliament, to eschew the Mischiefs and Damages done to divers of his Commons by false Accusers... It is assented and accorded, for the good Governance of the Commons, that no Man be put to answer without Presentment before Justices, or Matter of Record, or by due Process and Writ original, according to the old Law of the Land: And if any Thing from henceforth be done to the contrary, it shall be void in the Law, and holden for Error."

Constitutional Truth: The foundational statutory barrier against arbitrary royal detention came from a Commons Petition! The King's Council could not haul citizens in on secret accusations without an original writ of record.

2. Bill of Rights (1688) Art. 5: Immunity vs. Detention Power1 Wm. & Mary c. 2

"That it is the Right of the Subjects to petition the King, and all Commitments and Prosecutions for such Petitioning are Illegal."

Protection Without Arrest Power: Under Article 5, you have absolute constitutional immunity from punishment for petitioning. But petitioning grants you NO right to arrest, detain, or attach anyone!

Coercive detention requires an Act of Parliament (granting sheriffs lawful powers) or a Speaker's Warrant / House Order executed by the Serjeant at Arms. No private citizen or petitioner could lawfully imprison another without statutory or royal warrant authority.

3. The Black Act 1723 & Westminster Jurisdiction9 Geo. 1 c. 22

The exact 1720s statutory framework reconciling Westminster jurisdiction with local custody:

Over 200 Capital Offenses: Passed to suppress the armed "Waltham Blacks", covering deer-stealing, poaching in disguise, and malicious trespass (destroying ponds, orchards, livestock).
The Jurisdictional Clause: Allowed trespass and felony indictments to be tried in any county or directly before the Court of King's Bench / Common Pleas at Westminster Hall, breaking local bias and intimidation.
The Detainment Clause: Allowed prisoners to be detained locally in their county gaol (such as York Castle) while Westminster process proceeded, avoiding transit danger and cost.
4. Lord Mohun ("Moon") & The Peerage StandoffsHL/PO/JO/10/1/303

Charles, 4th Baron Mohun (1677–1712)—infamous duelist, twice tried for murder by the Lords:

Privilege by Title Alone: Unlike commoners who needed writs and bonds, a Peer of the Realm needed only to prove WHO HE WAS (his hereditary nobility). His title conferred sacred inviolability upon his person and his domestic retinue.

Armed Defiance of Sheriffs: Lord Mohun became notorious for violent, armed showdowns with local sheriffs and bailiffs. When creditors and bailiffs tried to arrest his servants (like Joseph Bastard), Mohun threatened them with bodily violence and parliamentary retribution. If an under-sheriff dared ignore his hand and seal, the House of Lords stepped in with the Serjeant at Arms!

The Doctrine of Non-Obstruction: Contempts Against Petitioners & Excused Misdemeanours

Erskine May Parliamentary Practice • CDPA 1988 s. 45 • Eundo, Morando et Redeundo
Erskine May's Constitutional Rule: Misconduct Affecting Petitioners
"Petitioners and other persons soliciting business before either House or its committees, e.g. counsel, agents and solicitors, are considered as under the protection of the High Court of Parliament, and obstruction of, or interference with such persons in the exercise of their rights or the discharge of their duties, or conduct calculated to deter them or other persons from preferring or prosecuting petitions or bills or from discharging their duties may be treated as a breach of privilege."
1. Right Not to be Obstructed

While a petitioner cannot personally arrest others, the petitioner holds an absolute, ancient rightNOT to be obstructed, deterred, sued, or molested while invoking the jurisdiction of the High Court of Parliament.

Any act calculated to deter a petitioner is a direct Contempt of Parliament punishable by imprisonment.
2. 1368: Person vs. Evidence

The 1368 statute (42 Edw. III c. 3) forbids taking the body of the accused without due process ("accused Persons, some have been taken"). It never prohibited taking evidence, procuring papers, or compiling testimony to place before Parliament.

Acquiring proof to support a parliamentary petition is privileged at common law.
3. Statutory Exemption (CDPA 1988)

Section 45, Copyright, Designs and Patents Act 1988:"Copyright is not infringed by anything done for the purposes of parliamentary or judicial proceedings."

Copying proprietary files, internal papers, or records is fully excused by statutory law when prepared for Parliament!
4. Eundo, Morando et Redeundo

Petitioners, solicitors, and witnesses are protected from civil arrest while going to (eundo), staying at (morando), and returning from (redeundo) either House.

C.J. (1547–1628) 702, 767, 787; arresting a petitioner on civil process is treated as breach of privilege.
Primary Caselaw: What Common-Law Actions and Misdemeanours are Excused
Gee's Case (1696)C.J. XI. 599, 699
Misdemeanour Excused: Libel & Defamation.

Bringing an action against petitioners for an alleged libel contained in a petition to the House of Commons was declared a breach of privilege, and the plaintiff was committed to custody.

Montagu (1628) & Camphire (1760)C.J. I. 805; XXVIII. 264
Misdemeanour Excused: Contemptuous speech & Threats.

Casting aspersions on persons for petitioning, or threatening petitioners having bills depending with punishment, is punished summarily by the House as an attempt to stifle parliamentary inquiry.

Allison, Abbs & Thorpe (1832)L.J. LXIV. 384, 388
Misdemeanour Excused: Breach of peace & Assault.

Assaulting, insulting, or challenging a solicitor or petitioner to a duel on account of observations made addressing a parliamentary committee resulted in immediate committal to Newgate prison.

The Petitioner's Shield: "As in Duty Bound", Democratic Sovereignty & The Speaker's Petition

Constitutional Covenant • Universal Jurisdiction of Church, State & Law
1. "In Duty Bound" as a Constitutional Badge

The ancient formula "And your Petitioner, as in duty bound, shall ever pray..." is not mere servile etiquette. It is an invocation of a reciprocal constitutional covenant:

Just as a police officer's badge carries state authority within a local county bailiwick, the petitioner's oath cloaks the citizen in the inviolable shield of the High Court of Parliament. Their cause is not narrow or local; it invokes the overarching sovereignty of Church, State, and Law.

2. Democratic Ideology: Voters Police Politics

The foundational democratic premise is that the voters police politics through their ultimate power to remove MPs at the ballot box:

  • The MP: A full-time constitutional fiduciary, carrying the representative burden for all citizens and all causes.
  • The Petitioner: A private citizen with an ordinary livelihood, who steps into the High Court of Parliament for their specific cause as an indispensable civic auditor of the realm.
3. The Speaker's Petition as the Universal Archetype

At the State Opening of every Parliament, the Speaker appears at the Bar of the House of Lords to present the Speaker's Petition to the Monarch:

Claiming the Commons' "ancient and undoubted rights and privileges" (freedom of speech, freedom from arrest, access to the Crown).It is the exact same petition the subject writes to the King: We do not issue the warrant or order ourselves; we possess the fundamental constitutional right to request it, and the absolute right to be protected while making that request.