letter; he said he had seen the magistrates at the secretary of state's office, and the magistrates there entertained great doubts whether they could break open an outer door, and, as I understood the Serjeant

Are you quite sure that the Speaker said to you, he did not know whether you could break open the door or not?

The Speaker-If the Serjeant has any doubt upon this point, and one or two other points, I would beg to state to the House the recollection I have upon the subject. In the early part of his evidence, the Serjeant did appear to intimate, that he had informed me that resistance was to be expected from sir Francis Burdett, when he saw me here at the House, and the House was sitting; I wish the Serjeant to recollect, whether when he came to me, the House then sitting and I in my private room, and when I asked him whether he had brought the receipt of the lieutenant of the Tower for his prisoner, he did not at that time mention, that on the contrary, it was then settled between him and sir Francis Burdett that he should go the following day?—Yes.

The Speaker. Did you not afterwards see me between nine and ten o'clock at night, after you had seen sir Francis Burdett the second time, and after you had read the warrant to him, and after sir Francis Burdett had answered that he should resist that warrant ?-Yes.

The Speaker.-Recollecting these two conversations with me, at what time do you think it was that you first informed me of sir Francis Burdett's intention to resist the warrant ?-The last.

The Speaker. And not the first ?-And not the first undoubtedly.

The Speaker. So that the first intimation from you to me of the intention of sir Francis Burdett to resist the warrant, did not come to me till between nine and ten on Friday night?-No.

The Speaker.-Upon the other point upon which the Serjeant bas been asked, I wish to state to the House correctly what the conversation was that passed, and the opinion which he appears to have reported to the chancellor of the exchequer. The Serjeant came to me at eleven at night, after I had received sir Francis Burdett's

the warrant which should require an outer door to be broken. The Serjeant applied to me for my direction: Upon that occasion, as upon all others, I thought it my duty, to yield the Serjeant all the information in my power, but never to give him orders or directions as to the specific mode by which he was to carry his warrant into execution.

Serjeant. That is perfectly correct.

The Speaker-In my desire to give to the Serjeant all the assistance I could, I stated to him that I really did not know of any parliamentary instance upon this point, of breaking outer doors; but I added, that I concluded the magistrates would execute this to at least the same extent as they would any process for criminal contempt of any inferior court; that they must be in the habit of directing or executing that process, and I conceived they would follow that line. This I believe was the substance of the conversation that took place upon the occasion. In the conversation with the Serjeant in my room, after my remonstrance for his not having executed his warran, he may recollect that I told him he should not have lost sight of his prisoner when he once saw him, and that (as indeed I had informed him in the morning) if aid was wanted he might have it at the secretary of state's office; that I had found it my duty to enquire what aid would be given to my warrant; and that I had been told aid would be given there if applied for. Examination continued by sir John Anstruther.

(To the Serjeant.)-Who was it first suggested to you any doubt about executing the Speaker's warrant by force?-I had a conversation with Mr. Read the magistrate about it, but I do not recollect who suggested it to me first.

Was it suggested to you at the secretary of state's office?-No, I think not.

Did you see Mr. Read any where but at the secretary of state's office ?-Never any where else except meeting him in the street; I never did business with him but at the secretary of state's office.

Was it Mr. Read who suggested it to you?-To the best of my recollection it was; but I am not positive,

In the first instance, after you had seen sir F. Burdett?—In the first instance, after I had seen a mob at sir F. Burdett's house, I did think military assistance was absolutely necessary.

Did not the magistrates express a disinclination to employ the military, until they were convinced that a civil force was insufficient?-Yes, but I differed with them.

By Lord Ossulston.

Did not you conceive, that though you were to be furnished by the secretary of state with a military force for the execution of the warrant, the responsibility of the execution would fall upon yourself; and that therefore, if death should ensue, and the warrant should be found to be illegal, you might become subject to an indictment for murder ?~I certainly considered that I was the responsible person in executing that warrant.

Did you not think from the opinion given you by the attorney general, and from the communication you had with his Majesty's ministers, and also with the Speaker, that that responsibility was of a very serious nature?—I certainly thought that it was, but I executed it upon the opinion given me by the attorney general, and wishing to carry my purpose into effect.

By Mr. H. Sumner.

After your last interview with the cabinet council, did you conceive you had any other guide than your own discretion in acting upon the opinion of the attorney general?—No, none, that I acted quite upon my own responsibility.

By Mr. Adam.

In the course of your proceeding upon this warrant, did you at any time make application to the sheriff of Middlesex?I did yesterday shew my warrant to the sheriff of Middlesex, sheriffs Wood and Atkins; they came opposite sir F. Burdett's house to quell the mob; and at the Gloucester coffee-house, where they had a room, I shewed them my warrant, and told them I should call upon them for any assistance I might require to execute my warrant, in case sir F. Burdett came out.

Were both the Sheriff's there?-Yes;

What did they say upon your shewing them the warrant, and saying you should ask for their assistance?-They said, in the first instance, they would afford mẹ any assistance: it was on the supposition thrat sir F. Burdett came out of the house that I asked it, and being on the spot, thought it proper to shew them my warrant, and they said they would do every thing in their power.

They said they would give you assistance if it was required?-They seemed to be most completely disposed to do every thing that was most kind by me.

In point of fact, did not Mr. Read inform you, that on Saturday morning he had applied for a captain's guard to be ready to escort the prisoner in case of caption, and did you not decline that captain's guard, saying, sir F. Burdett was not at home?-Yes; but I never considered a guard being ready for me as sufficient, because I should have had to have sent for it when the evil had begun.

Did you not on Sunday morning pass Mr. Read on horseback in the character of a magistrate attending the captain's guard, knowing that that captain's guard was for the purpose of escorting sir F. Burdett, when he should become a prisoner?-I have already stated, that on Sunday morning I found a party of the horse guards, with Mr. Read at their head, in front of sir F. Burdett's house, and I was rather surprised to see them, for when Mr. Read and I parted on Saturday night, it was only settled that they should be in readiness as before: I believe I have already stated, that I make no doubt that if sir F. Burdett had been captured, that party would have been ordered to escort him, which was exactly what I wished, to have them before the door ready to go, and not to have to send for them when the evil had begun.

You having expressed surprize at seeing them, did not Mr. Read, throughout the whole transaction, express his readiness and wish to support you, but his absolute inability to support you with a military force, consistently with the duties of his office, till some overt act of resistance was made?-Yes; I have said so at all times, but I thought they ought to be there before the necessity began.

In the interview you had with the Under Secretary of State on Friday evening, did not he state his opinion that you had

When you first saw sir F. Burdett, he did not intimate any intention to resist ?— None.

Did he object to the legality of the warrant?—He did not; all that passed was, that he said he should write a letter to the Speaker, and he would be glad to receive me the next day he said, "I have already written to you, to say I shall be glad to receive you to-morrow at eleven o'clock;" and he merely said, that he should write a letter to the Speaker.

Had not you previously asked him to appoint a time for going with you to the Tower in the execution of the warrant ? Yes, what would be the most convenient time to him.

Did you not understand that appointment to be for the purpose of going with him to the Tower?-No doubt about it.

Had you any expectation, that, having gone at that hour, you were to meet any resistance?-Not from sir F. Burdett, certainly; there might have been from the mob in the street; I never dreamt of it from sir F. Burdett.

Was not the expectation of sir F. Burdett complying with the warrant, the reason you did not then take him into custody?-I was under, the impression that he would go quietly with me to the Tower the next day.

Do you possess a copy of the letter you wrote to sir F. Burdett ?--I do. The same was then delivered in, together with sir F. Burdett's answer, and are as follow:

"Piccadilly, April 6, 1810." letter, and shall be at home to receive you "Sir; I have just received your polite

at twelve o'clock to-morrow. Your's, &c. FRANCIS BURDETT."

"F. J. Colman, esq."

What was the precise military force, in point of number, which you conceived to be necessary to enable you to perform your duty-That would depend very much upon the state of the town, as to the number of the mob; and if the town was quiet, I should have wanted no escor at all perhaps, but it depended upon the state of the town as to tumult, and what the number of men assembled were at the

moment.

What was the first demand made by you for a military force?-When I intended to take sir Francis Burdett to the Tower, on the Friday.

On which day, at what time, and to what person, did you make your first demand for a military force?-On Friday afternoon?

What was the force you then demanded?-I do not recollect; I do not know that I named any number.

At any subsequent time, did you make a demand for a specific military force?Last night I was asked what force I required, and I stated 300 infantry and 500 cavalry; I thought it better to have too large than too small a force, as I thought the larger my force was, the less likely it was to meet with resistance, and that there would be less probability of bloodshed.

You did not demand, till last night, that force which you have stated to be necessary for carrying into execution your warrant this day?—I am not certain whether I stated any particular number at any time before.

Did you, on any of the occasions when you were in the secretary of state's department, or in communication with Mr. Beckett, demand an audience of Mr. Ryder, or desire to see Mr. Ryder ?— Never.