108 ANNUAL REGISTER, 1810. 



it by the introduction of foreign 

 libels and treasons that the liberty, 

 or public spirit, of this country 

 was to be asserted and animated ? 

 All such proceedings of the ho- 

 nourable baronet, he should, from 

 the bottom of his heart, disclaim, 

 and was determined to oppose 

 him in every instance. — Mr. Cur- 

 wen said, that his object was, to 

 obtain unanimity, and that, if it 

 was the wish of the House, he had 

 no objection to withdraw his 

 amendment. 



Mr. Whitbread could not con- 

 sent to the word " aggravation" in 

 the original motion, and proposed 

 *« flagrant," as a parliamentary 

 word, and, at the same time, a 

 word sufficiently strong — The 

 Chancellor of the Exchequer be- 

 ing extremely desirous of unani- 

 mity, on the present occasion, 

 wished to adopt this suggestion. 

 In order, however, that it might 

 not appear on the journals that 

 the original words, relative to ag- 

 gravation, had been left out, he 

 requested he might be allowed to 

 propose the words suggestedby the 

 honourable gentleman as a part 

 of the original motion. Mr. Whit- 

 bread consented. It appearing to 

 be the general sentiment of the 

 House, that neither the letter, nor 

 the amendments moved, should 

 appear on the journals, the Speaker 

 said he would give directions ac- 

 cordingly. And the question was 

 put as an original motion, " That 

 it is the opinion of this House, that 

 the said letter is a high and flag- 

 rant breach of the privileges of 

 the House : but it appearing, from 

 the reportof the Serjeant at Arms, 



attending this House, that the war- 

 rant of the Speaker, for the com- 

 mitment of sir Francis Burdett to 

 the Tower has been executed, 

 this House will not, at this time, 

 proceed further on the said letter.'' 

 Agreed nem. con. 



Sir Francis Burdett brought an 

 action at law against the Speaker 

 of the House of Commons, for 

 issuing the warrant for his arrest 

 and imprisonment; one against 

 the Serjeant at Arms, generally 

 for executing the warrant, and, 

 particuIa^l3^ for breaking open the 

 doors of his house, i n the execution 

 of it ; and another against the earl 

 of Moira, as the person who kept 

 him in custody in the Tower. The 

 House of Commons ordered the 

 Attorney-general to defend them. 

 The plea of defence was, that the 

 warrant being issued by the author- 

 ity of that House was a legal war- 

 rant, and therefore rendered the 

 arrest and imprisonment legal. 

 This plea, as was foreseen, was 

 admitted.* The privileges of par- 

 liament were allowed by the 

 judges of the King's-bench not to 

 be cognizable in a court of law, 

 but to be a part of the law of the 

 land. — Thus the attempts of sir 

 Francis Burdett, to overthrow the 

 privileges of the House of Com- 

 mons, as is usual in ail attempts to 

 overturn established authorities, 

 only served to confirm them. It 

 is possible, indeed, that the House 

 of Commons, as well as any of the 

 other two branches of the legisla- 

 ture, might abuse the powers with 

 which they are invested. Nor is 

 it possible to provide againstevery 

 possible or extreme case, by any 



• For ferther particulars respecting the arrest, imprisonment, and release of sir 

 • Francis Burdett, see Appendix to Chronicle, p. 344 ; and State Papers, p. 439. 



