Rex v Eliot, Hollis and Valentine: 1629

Proceedings were taken in the King’s Bench against three members of the House of Commons, who were charged with seditious speeches, contempt of the King (Charles I) in resisting the adjournment of the House and with conspiracy to keep the Speaker in the chair by force. All pleaded to the jurisdiction. The plea nihil dicit meant that conviction would be inevitable, but if they defended themselves at all, their contention that Parliament was the only body with jurisdiction over these matters would be totally undermined. Eliot’s self-acknowledged dilemma was that if he did not submit he would incur the censure of the Court, but if he did, his act would be considered ‘a prejudice to posterity’ and ‘a danger to Parliament’. So he would be silent, just because his duty was to Parliament.
Held: Members had no privilege to speak seditiously or behave in a disorderly manner.
(1629) 3 St Tr 294
England and Wales
Citing:
See AlsoRex v Eliot, Holles and Valentine 1629
Parliamentary privilege did not protect the maker against seditious comments made in the Chamber of the House. . .

Cited by:
CitedPrebble v Television New Zealand Ltd PC 27-Jun-1994
(New Zealand) The plaintiff, an MP, pursued a defamation case. The defendant wished to argue for the truth of what was said, and sought to base his argument on things said in Parliament. The plaintiff responded that this would be a breach of . .
CitedChaytor and Others, Regina v CACD 30-Jul-2010
The defendants had been members of the Houses of Commons and of Lords. They faced charges of dishonesty in respect of their expenses claims. They now appealed a finding that they were not subject to the exclusive jurisdiction of Parliament under . .
CitedChaytor and Others, Regina v SC 1-Dec-2010
The defendants faced trial on charges of false accounting in connection in different ways with their expenses claims whilst serving as members of the House of Commons. They appealed against rejection of their assertion that the court had no . .
CitedKimathi and Others v Foreign and Commonwealth Office QBD 20-Dec-2017
Parliamentary privilege The claimants sought to have admitted as evidence extracts from Hansard in support of their claim for damages arising from historic claims.
Held: The court set out the authorities and made orders as to each element. . .
CitedKimathi and Others v Foreign and Commonwealth Office QBD 20-Dec-2017
Parliamentary privilege The claimants sought to have admitted as evidence extracts from Hansard in support of their claim for damages arising from historic claims.
Held: The court set out the authorities and made orders as to each element. . .

Lists of cited by and citing cases may be incomplete.
Updated: 20 October 2021; Ref: scu.409974