{
  "url": "https://openlegislation.uk/privilege-of-parliament-act-1700/section-II",
  "json_url": "https://openlegislation.uk/privilege-of-parliament-act-1700/section-II.json",
  "legislation": "aep/Will3/12-13/3",
  "legislation_title": "Privilege of Parliament Act 1700",
  "legislation_url": "https://openlegislation.uk/privilege-of-parliament-act-1700",
  "path": "section/II",
  "kind": "section",
  "number": "II",
  "heading": "Proviso against Arrest of Members during Time of Priviledge; but Process may be had against Peers, as herein mentioned.",
  "text": "Proviso for Proceedings against Members of the House of Commons during the Intervals of Parliament; and for Proceedings against Peers and Members in Courts of Equity and Duchy Court; Members not to be arrested during Time of Priviledge.\nProvided neverthelesse that this Act shall not extend to subject the Person of any of the Knights Citizens and Burgesses of the House of Commons or any other Person intituled to the Priviledge of Parliament to be arrested during the Time of Priviledge Nevertheless if any Person or Persons having Cause of Action or Complaint against any Peer of this Realm or Lord of Parliament such Person or Persons after any Dissolution Prorogation or Adjournment as aforesaid or before any Sessions of Parliament or Meeting of both Houses as aforesaid shall and may have such Process out of His Majesties Courts of Kings Bench Common Pleas and Exchequer against such Peer or Lord of Parliament as he or they might have had against him out of the Time of Priviledge and if any Person or Persons having Cause of Action against any of the said Knights Citizens or Burgesses or any other Person intituled to Priviledge of Parliament after any Dissolution Prorogation or such Adjournment as aforesaid or before any Sessions of Parliament or Meeting of both Houses as aforesaid such Person or Persons shall and may prosecute such Knight Citizen or Burgess or other Person intituled to the Priviledge of Parliament in His Majesties Courts of Kings Bench Common Pleas or Exchequer by Summons and Distress infinite or by originall Bill and Summons Attachment and Distress infinite thereupon to be issued out of any of the said Courts of Record which the said respective Courts are hereby impowered to issue against them or any of them until he or they shall enter a common Appearance or file common Bail to the Plaintiffs Action according to the Course of each respective Court And any Person or Persons having Cause of Suit or Complaint may in the Times aforesaid exhibit any Bill or Complaint against any Peer of this Realm or Lord of Parliament or against any of the said Knights Citizens or Burgesses or other Person intituled to the Priviledge of Parliament in the High Court of Chancery Court of Exchequer or Dutchy Court of Lancaster and may proceed thereupon by Letter or Subpena as is usuall and upon leaving a Copy of the Bill with the Defendant or at his House or Lodging or last Place of Abode may proceed thereon and for Want of an Appearance or Answer or for Non Performance of any Order or Decree or Breach thereof may sequester the Reall and Personall Estate of the Party as is used and practised where the Defendant is a Peer of this Realm but shall not arrest or imprison the Body of any of the said Knights Citizens & Burgesses or other priviledged Person during the Continuance of Priviledge of Parliament",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "X",
      "label": "X1",
      "text": "interlined on the Roll."
    },
    {
      "type": "X",
      "label": "X2",
      "text": "annexed to the Original Act in a separate Schedule."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/aep/Will3/12-13/3/section/II",
    "retrieved_at": "2026-10-28T20:22:10.680574+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}