17 Junii, 1624.
Alexander Auchmooty, King's Servant. Privilege.
Whereas the Lords Spiritual and Temporal,
in the Upper House of Parliament assembled,
did, on the 28th Day of May last, declare and order,
That the Privileges and Freedoms of the Nobility and
their Servants doth begin with the Date of the Writ of
Summons, and continue for Twenty Days after the End
of every Session of Parliament; and whereas Alexander
Auchmootye, Esquire, one of the Gentlemen of His
Majesty's Privy Chamber in ordinary, was, on the 15th
Day of this Instant June, arrested (contrary to that Order), at the Suit of William Haye, and detained in Prison upon an Execution by the Bailiffs of Westm.
whereof the said Alexander Auchmootie made Complaint
unto the Lord Keeper of the Great Seal of England,
petitioning to be relieved according to the said Order;
and his Lordship commanded His Majesty's Writ of
Habeas corpus cum causa, etc. to be awarded, and directed unto the said Bailiffs of Westm. to bring the
said Alexander immediatly before his Lordship; and
did cause the said William Haye to be brought also before him; and, for that it appeared that the said Alexander was arrested and detained in Prison contrary to
the Privilege of Parliament, his Lordship did set the
said Alexander at Liberty; saving nevertheless unto the
said William Haye his Execution for the said Debt,
after the Time limited for the said Privilege of Parliament, according to the Statute in that Case provided:
But his Lordship did forbear to lay any other Punishment, or Imprisonment, upon the said William Haye,
or the Under-bailiff, because the said Auchmooty had,
under his Hand, at that Time, disclaimed all Privilege
in this Kind; which his Lordship held a sufficient Excuse for Haye and the Bailiff; and yet proceeded in the
Delivery of the said Archmooty, because, as the Privileges are originally grounded with Respect unto His
Majesty, his Highness, and the Lords, and not unto
their Servants; so his Lordship conceived, that the disclaiming or disavowing of those Privileges must be an
Act of the Lords, and not of the Servants; and that
they may not, without the Lords Consent (who may
have Occasion to use their Service and Attendance),
dis-privilege themselves after this Manner: All which
his Lordship commanded to be entered in the End of
the Journal Book of this last Session of Parliament.