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had in waiting to convey sir Francis to the Ilow soon did you see the under secreTower. I thought myself justified on the tary of slate ? --Iis under secretary, Mr. opinion the Attorney General had given Beckett, went with me from the House of in carrying my duty into execution, Commons, which I was so anxious to fulfil; it had How soon did you see Mr. Ryder I-I cost me a great deal of uneasiness that I saw Mr. Ryder I should suppose about had not had the means of doing it before. lwenty minutes after I left the House, as I forced an entrance into sir F. Burdett's far as my recollection serves me. house down the area, attended by some How long did you wait at the secretary police officers, and got up into his hall, of state's office before you saw Mr. where I left a party of the joot guards and Ryder?--I had very little communicawent up into a room with the police of- tion with Mr. Ryder at all upon this ficers, where sir F. Burkeit was; I told subject. sir Francis that I had that force that it When had' you any communication was quite unnecessary his making any re- with Mr. Ryder, and what was it?- I was sistance, however painful it was to me to coming out of the secretary of state's ofproceed in this way; that he was my pri- tice and met Mr. Ryder; he said, he soner, and must immediately come into thought the business had been very much the carriage that was prepared for him. mismanaged. I said, I was sorry to hear He asked me to shew him the warrant: I that, that I thought I had done every told him I arrested him by virtue of that thing in my poiver, and was in hopes I and a former warrant be had been served should be borne out; I asked him, if he with, which he had already read, and did | wished to speak to me, and he said no, not wish to have read again. As soon and went, I believe, to lord Liverpool's: as the carriage was got round to the door, in short he went away, and I did not see sir F. Burdett got into the carriage, at him again that evening to the best of my tended by Mr. Clementson, a' messenger, recollection; the business I transacted and his brother, and I on horseback at- was with Mr. Beckett, relative to the force tended him, and delivered him to the I was to have. charge of the deputy lieutenant of the Where did the communication between Tower. If I have in any way exceeded you and Mr. Ryder take place which you or not acted up to the spirit of my duty, have related ? - In the street the first time it has been done, I can assure the House, that I saw Mr. Ryder. from motives of delicacy that I wished to To whom did you apply, at the secreshew towards a member of parliament, the tary of state's office. or elsewhere, in case being quite unprecedented, and not consequence of recommendation of the expecting any resistance, never dreaming Speaker to apply to the secretary of state? of resistance, thinking that if I told sir F. – To Mr. Beckett, and to magistrates that Burdett he was to go with me to the Tower were there. he would immediately have gone. I What was the nature of the application submit to the House these considerations. made by you to Mr. Beckett I-I told Examined by Mr. Whitbread.
Mr. Beckett that I thought I should have
a sufficient civil force, and at the same At what hour on Friday did you first time that I thought it absolutely necesinform the Speaker that sic F. Burdett in- sary, in my own opinion, that I should tended to resist the warrant ? --Between have an escort of cavalry, for that police five and six o'clock.
officers on foot I thought would be unable Did you communicate personally with to keep up with the carriage in their way the Speaker, or write to him a letter upon to the Tower, and that I conceived it abthis subjeci ? --I communicated with him solutely necessary that a military escort personally.
should attend me. Where? - In the Speaker's private What answer did Mr. Beckett make? chamber behind the chair.
- He referred me to the magistrates. Was the House then sitting ?-It was. Who were the magistrates then preWhen did you first go to the Secretary sent?–Mr. Read, and I think Mr. Graham, of State's office, by direction of the Speaker? who both said, that if military assistance Immediately after this period when the was found to be wanting, it would be sent Speaker had told me to put my warrant
to my relief. into execution ; it was about a quarter be
Did Mr. Beckett, in consequence of fore six, or about six.
communication with you, or during the communication with you, refer to the House at its sitting, to report what he had principal secretary of state for the home done. Between ihree and four o'clock, department ? -I believe he might; I fancy being at the table of the House, informahe went out of the room once or twice : tion was brought to me that the Serjeant I rather believe he did.
was preparing to make his report, but Did he state to you that he was about so that sir Francis Burdett had been seen in to do?-I do not recollect.
the streets ; I immediately sent out word Had you any communication wiih any to the Serjeant not to stop to make any other of his Majesty's ministers previous report here, but to go and take sir Francis to the period of which you are now speak. Burdert into custody : From that time till ing? - With none.
half past five o'clock in the afternoon I Did you ask to see Mr. Ryder when at heard no more; the House was then in a the office ?-I believe I must be allowed committee, and it was intimated to me to correct myself; I saw Mr. Ryder be that the Serjeant desired to speak with me. fore I left the House, for a moment, be. The state iri which the House then was, hind the chair in the House of Commons, rendering it possible, I immediately went in my way to the Speaker's chamber. to my private room; the Serjeant came to
That was on the Friday?-Yes, me ihere, and my first words to the Ser
What passed, or did any thing pass jeant were, “ All I can have to say to you between you and Mr. Ryder at that time? is, to ask where is the receipt of the lieu. -He told me that Mr. Beckett was within tenant of the Tower for your prisoner ?” the House, and that I might speak to him; Thereupon the Serjeant proceeded to state, I had forgotten the circumstance.
that he had seen sir Francis Burdett, and Did you, at that time, communicate to
an arrangement had been made between Mr. Ryder that sir Francis Burdett in- him and sir Francis Burdett that he should tended to resist the warrant ?-No, I had
the next day to the Tower at eleven not seen sir Francis Burdett for the second o'clock; and that was the footing on time then; I think in my way to sir Fran. which things were left : To which I recis Burdett's I went to the secretary of plied, “ Possibly you may be in the Tower state's office, and afterwards went to sir “ to-morrow or sooner; but what you Francis Burdett ihe second time.
“ have to do now is to go and take your When the Speaker directed you to make prisoner to the Tower, before dark;" he application to the secretary of state's departed. I never heard one word of the office, you had not informed the Speaker intention of sir Francis Burdett to resist, that you understood sir Francis Burdett till the Serjeant came to me again at night, intended to resist the warrant? -No, I between nine and ten o'clock, the House only had informed the Speaker, that I had having risen that evening between six and fixed eleven o'clock the next morning for seven ; I am sure it was past nine, and going with sir Francis Burdett to the that it was not tell, for sir Francis BurTower.
dett's letter came at ten; and the Serjeant The Speaker.—Before this examination then stated (as he has done now) the subis proceeded in, I would take the liberty stance of the conversation with sir Francis to suggest, that I might perhaps call 10 Burdett, in which that passage occurred, the Serjeant's recollection, specifically, that, “ on his shewing my warrant, sir what passed : I had directed the Serjeant Francis Burdett gave him to understand, to serve his warrant, if possible, before he should resist it," it was the relation of ten of the clock that morning, assigning that conversation which gave me the first as my reason, that I should be desirous knowledge that any resistance was intendthat he should not convey sir Francis ed on the part of sir Francis Burdett. Burdett through the streets of London in the middle of the day if that could be well
Examination by Mr. Whitbread continucd. avoided. The next intercourse I had with When did you next visit the secretary the Serjeant (if such it may be called) of state's office ? - Immediately after was by hearing from the deputy Serjeant leaving sir Francis Burdett’s house, I went at two o'clock that a letter had been to the secretary of state's ofiice. written by the Serjeant. to sir Francis About what time did you arrive at the Burdett. No copy of the letter was com- office? I should think about nine o'clock municated to me; but the general con- in the evening : nearly nine I think. tents were stated to me; and it was stated Did you see Mr. Ryder at that time? also, that the Serjeant would be at the No.
Whom did you see?--Mr. Read the Any persons ?-I recollect that night magistrate, Mr. Beckett, and Mr. Gra- Colonel Grant of the 15th dragoons came ham I think.
in. What passed between you and Mr. When
inade your communication Beckett at that time? --Very little passed; to Mr. Beckett, did Mr. Beckett refer to the chief conversation was relative lo the the magistrates and take upon himself to military assistance I was to have, which give you the answer, or were the magisI endeavoured to impress upon them, and trates the principal persons convereng ? they did not seem inclined to grant. I think the magistrates were the prin
State the substance of the conversation cipal persons conversing, but Mr. Beckett as far as you can recollect. I wished to appeared to be perfectly of their opinion. impress upon them that I thought a civil What was the termination of the con. force insufficient, and that I very much versation between you and Mr. Beckett doubted whether I should undertake it that night as far as you can recollect, or with a civil force only of constables walk what was the purport of the last thing ing by the side of the carriage for so great said by Mr. Beckett to you that night:a distance as the Tower was from sir To the best of my recolleetion, he urged Francis's house; that I thought those men me to undertake it with the force that he would be unable to keep up with the car- | thought necessary. riage, and unable to make any resistance Can you recollect what passed between in case it should be attempted to rescue Mr. Ryder and you at the House of Comsir Francis Burdett.
mons, during the short moment you saw What was the answer they gave?-Mr. Mr. Ryder? -Very little more than saying Read, the magistrate, chiefly thought that Mr. Beckett was in the House I think. that it might be done with that, without What passed from you to him to induce military force, but that military force that answer, “ Mr. Beckett is in the should be ready if any body came and House?”-Saying, I was going to his ofstated upon oath that it was necessary Ifice, and wished to apply for assistance to should have it. I thought this quite im- put my warrant into execution. possible, for that a mob might meet the Did you ever go to the secretary of carriage on the Islington road (the road I state's office again after that second visit meant to take) and that if then attacked on the Friday night?-I did; the pest it would be too late before any military time I communicated with Mr. Read, the assistance could be sent from the Horse magistrate, was on Mr. Clementsor's obGuards to my relief; they seemed to taining entrance into sir F. Burdett's house, imply that I had my warrant, and that I I rode on horseback down to the secretary was to put it into execution, and that they of state's office, to tell him Mr. Clementthought those means sufficient; and rather son was gone in, and I hoped he would than give up trying to effect my purpose see sir F. Burdett, and that they should I did consent to go to sir Francis Burdett's prepare for me an escort of cavalry in house, and begin my business with thirty case I was so fortunate as to succeed in constables the next morning, trusting to taking him into custody. chance, and to their sending me a military Whom did you see at that time?-Mr. escort.
Read. How long did you remain at the secre- Did you see Mr. Beckett at that time? tary of state's office in conversation with --I think not. Mr. Beckett and the two magistrates ?--A Did you see Mr. Ryder at that time? very considerable time, till a very late No; I was not three minutes there. hour ; till twelve o'clock to the best of my What answer did you obtain from Mr. recollection
Read on your application at that time? Did Mr. Ryder never appear nor take Not a very satisfactory one; Mr. Read a part in any of the conversations that asked me if sir Francis was in custody? I passed ? Certainly not; those conversa said no, but I hoped he would be, and I tions passed in a room below stairs with wished the escort should be ready to go Mr. Beckett, Mr. Read, and Mr. Gra- with us for that purpose. I had rode down ham.
to the secretary of state's office for the Were there any other persons present purpose of preparing them, that I hoped besides Mr. Beckett, Mr. Read, and Mr. we should get up stairs as we had got into Graham ? --Persons belonging to the office, the house. or strangers.
What was Mr. Read's answer?-'That he thought it would be time enough when , tween you and him? -He asked me as to we had got him, or something of that sort. the general usage in such cases, if I had
Was that all that passed between you any precedents of general usage of exeand Mr. Read at that time?-Yes, to the cuting warrants of this sort. best of my recollection nothing more; I He asked you?-Yes; this conversation went back then to sir Francis's house, and was rather brought on by Mr. Perceval's not finding him, I went to Wimbledon. thinking that the messenger should not
Did you ask to see Mr. Beckett or Mr. have delivered the warrant to sir Francis Ryder at that time?-1 do not recollect, Burdett, and I said that I believed there but I think not.
was no in propriety in it, for it was cusAt what time did you quit the secretary tomary I fancied; the conversation beof state's office, as nearly as you can re- tween Mr. Perceval and myself was merely collect?-About half past seven in the on his asking me as to precedents, and morning, I think.
what view I had of the naiure of my warWhen did you go to the secretary of rant; it was a very short conversation ! state's office again ? -Sometime on Satur. had with him; I do not suppose I could day evening, but I forget when; I went have been in the room above ten minutes, for the purpose of arranging another plan or about a quarter of an hour, and I had for the next morning.
no other conversation with him. Was is by day light?-I believe it was Was that the substance of all which about twelve o'clock at night or one in passed between Mr. Perceval and you at the morning.
that time?--I recollect Mr. Perceval ad.' Whom did you see at that time?—Mr. vised me to take the Attorney General's Read, Mr. Beckett, and I am not sure opinion. whether Mr. Graham was there or not. Did you, in consequence of that advice, Did you see Mr. Ryder?-No.
submit a case to the Attorney General ? When were you summoned to attend -I did. the cabinet council ?--Last night, about Who drew up that case ? --Mr. Bram. half after eight, I think, or between that well. and nine o'clock; I was not at home when At what time did you refer that case to the suminons came to me; I went to the the Attorney General for his opinion?Gloucester Coffee-house for the purpose of About half past nine the same evening I relieving Mr. Clementson, who had been went to the Temple with Mr. Clementson, waiting near sir F. Burdett's house, and I about nine, or a little after nine o'clock got to the cabinet council about nine on Saturday evening, with the warrant, o'clock, I believe.
and desired the attorney to get an opinion From the beginning of the period of upon it as to the legality of my using force. which you have been speaking, namely, By the attorney, you mean the solicitor the delivery of the warrant by the Speaker, you employed? Yes. to your appearance before the cabinet At what time did you receive the Attor.' council, did you see any other of bis Ma- ney General's opinion upon that case? jesty's ministers? I saw Mr. Perceval ; | About half past seven, or eight o'clock. Mr. Clementson reported to me that Mr. On Sunday night!-Yes, not till near Perceval wished to see me, for the purpose eight. of having some conversation with me. Have you that case and opinion by
On what day?-On Saturday; the day you ?-I have. I went to Wimbledon.
Be so good as to produce it to the House. At what time!-Between five and six [The Serjeant at Arms produced the o'clock, I think about half past five. warrant, and the Attorney General's opi
What passed?.Mr. Perceval, on my nion.] coming into the room, said, “Well, Mr. Attorney General -A case was brought Colman, have you executed your war- to me, with the warrant written in the rant?” I said I had not been so fortunate; case, upon which I was desired to give an I said I had got into sir F. Burdett's house opinion: and when I read the warrant, I that morning, but that I did not think my found that instead of being a warrant to warrant justified me in searching it. the Serjeant at Arms to take the body, it
This was on Saturday between five and was a warrant to the lieutenant of the six o'clock-Yes.
Tower to receive the body; and I was deWhat answer did Mr. Perceval make, sired upon that to give an opinion whether. or what further conversation passed be the officer could take him? I said it was VOL, XW,
impossible that should be the warrant they | Query. were directed to execute ; and after that The serjeant at arins attending the they sent me a copy of the other warrant; House of Commons having in the execuas well as I can recollect, I wrote opposite tion of this warrant been resisted, and to that part of the case which contained turned out of sir F. Burdert's private the warrant 10 the Lieutenant of the dwelling-house by force, Tower, that afterwards the warrant to Your opinion is desired, Whether in the Serjeant at Arms was produced to me. the execution of this warrant he will be
Mr. Whitbread, to the Aitorney General. justified in breaking open the outer or any --At what time did you receive the inner door of the private dwelling-house amended copy of the case ?-Late on Sa- of sir F. Burdett, or of any other person turday night.
in which there it reasonable cause io susThat containing the right warrant? - pect he is concealed, for the purpose of Yes: I was not at home when it was first apprehending him. And whether be may brought.
take to his assistance a sufficient civil or
military force for that purpose, such force Examination by Mr. Whitbread continued.
acting under the direction of a civil magis(To the Serjeant.)--Have you got the
And whether such proceedings case now? The case consisted of a copy | will be justifiable during the night as well of the warrant.
as in the day time? Was that the whole of the case ?-There Opinion. was no addition, but a query, Whether I “ No instance is stated to me, and I could force the house.
presume that none is to be found, in which The Case, and Opinion of the Attorney open under the Speaker's warrant for the
the outer door of a house has been broken General were read : viz.
purpose of apprehending the person against Warrant.
whom such warrant issued then being Veneris, 6° die Aprilis, 1810. therein. I must, therefore, form my opi“ Whereas the House of Commons hath nion altogether upon cases which bare this day adjudged, that sir F. Burdett, arisen upon the execution of writs or warbart., who bas admitted that a letter sign. rants issuing from other.courts, and which ed « Francis Burdett,” and a further part seem to fall within the same principle. of a paper, intituled, “ Argument," in “I find it laid down in Semayne's Case, Cobbett's Weekly Register of March 24th 5 Co. 91, that where the king is a party, 1810, was printed by his authority, (which the sheriff'may break open the defendant's Letter and Argument the said House bath house, either to arrest him or to do other resolved to be a libellous and scandalous execution of the King's process, if otherpaper, reflecting on the just rights and pri- wise he cannot enter. So if the defendant vileges of the said House) has been thereby be in the bouse of another man, the sheriff guilty of a breach of the privilege of the may do the same; but he cannot break into said House: And whereas the House of the house of the defendant in the execu. Commons hath thereupon ordered, That tion of any process at the suit of an india the said sir F. Burdett be for his said of- vidual. This distinction proceeds, as I fence committed to his Majesty's Tower apprehend, upon the greater importance of London: These are therefore to require of enforcing ihe process of the crown for you forthwith to take into your custody the public benefit, than that of individuals ihe body of the said sir F. Burdett; and for the support of their private rights, then forthwith to deliver him over into the Reasoning from hence, I should think that custody of the Lieutenant of his Majesty's the Speaker's warrant, which had issued Tower of London.-And all mayors, bai. to apprehend a man under sentence of liffs, sheriffs, under sheriffs, constables and commitment for a breach of the privileges headboroughs, and every other person or of the House of Commons, might be exepersons are hereby required to be aiding cuted in the same manner with criminal and assisting to you in the execution here- process in tbe name of the king, inasmuch ol.-For which this shall be your sufficient as those privileges were given to the House warrant. Given under my hand, the sixth, of Commons for the benefit of the public day of April 1810. Cha. ABBOT, only; and the public are interested in the To the Serjeant at Arms Speaker."
Speaker.” due support of them. If the act had been attending the House of
done, and I were asked whether it could Commons or his Deputy,
be defended, I should say that it could ;