ON a rule to shew cause, why the arrests in these actions, should not be set aside, it appeared, that Eckart, being the Lieutenant of Bucks county, came to Philadelphia in order to obtain from the Executive Council the commissions of some Officers of the Militia within his department; that Bower, being one of the Sheriffs elect of the same county, came for the purpose of soliciting his commission, and giving the usual security; and that while here for these respective purposes, they were both arrested at the suit of the Plaintiff.

contended, that the Defendants were privileged from arrest, on account of the public nature of the business which brought them to Philadelphia; and stated, as the great principle upon which privilege and protection are founded, that the rights and interest of the Commonwealth must, in many cases, be preferred to those of individuals. Vin. tit. Priv. 84. pl. 1. He then classed the cases of privilege under two general positions:—1st, That where by law it is a man’s duty to attend at a particular place, or Court, he shall be sued there only; and no one shall be compelled to undertake any thing inconsistent with such duty, or with his prosession, in particular cases. Vin. tit. Priv. 509. pl. 1. Cro. Car. 585. Sir W. Jones. 462. Stra. 1107. 3 Leon. 149. Vin. tit. Priv. 513. pl. 8. Barn. Notes. 200. 378.—And, 2dly, That where a man is under a legal obligation to attend, or where he goes to demand justice, he shall not be arrested at all. Vin. tit. Priv. 515. pl. 6. Com. 446. 1 Brownl. 15. 2 Black. Rep. 1113. 1 Atk. 54. Stra. 1094. Vin. tit. Priv. 512. pl. 18. ibid, 514. pl. 12. 13. ibid. 515. pl. 6.

In the present instances, he urged, that it was incumbent upon the Sheriff to wait on the Executive Council, as the law required him to give such security, as they should approve: And, with respect to the Lieutenant of the county, he alledged, if the Court now doubted, they would be satisfied upon enquiry, that he, likewise was in the prosecution of his official duty on the above mentioned occasion.

He then adverted to the impolicy of increasing the jealousy, that seemed to subsist already too much, between the city and the remote parts of the State; but this, he predicted as an inevitable and ruinous consequence, if, whenever a countryman came hither upon public business, he was liable to be arrested and detained. The city would soon be likened to the Lion’s den, towards which innumerable tracts of feet might be traced, sed nulla vestigia resorsum.

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