The Sun.
London, England, 1810-04-10 00:00:00

HOUSE OF CO",111102VS.

MONDAY, APRIL 9.
Mr. PRENDRRGAST postponed' his motion for Pa-.
pens relative to the affairs of India, which stood for
to=morrow, fill ,Monday the 16111 inst..
Mr. H. Shirr& gave a
notice of motion for
Monday, relating to the present state of the Col,.
lieries.

, .
Mr. MELLISH moved the third
.reading of the
Gas Light Bill.
Mr. H. SMITH opposed it, as being a bubble to
trick incautious persons out of their money. He
could see no reasonable pretence which they could
urge for wishing to be incorporated. He conclud-
ed, moving as an amendment, that the Bill should
be read on that day six months.
Mr. D. GIDDY gave the Bill his support, under-
standing its operation was to be restricted to the
City, that the period a its continuing in forco
should be limited to t wen ty-one years, the CapitalUever
to exceed .200,,000h and the company never to en-
gage in any other concern. The question was thki
put,. the amendment negatived, and the Bill read a
third time, and passed.
MOTION FOR THE DISCHARGE OP MR. G.
(ONES. , •

Sir S., Rommvir stated, that on Friday when this
question was, ptit,., he had given notice of a motion
for the discharge ef: Mr. (.4. Jones; which notice
stood for that day (yesterday.) The events, how.
ever; which had taken place had inddced many Who
llad intended to suppert his motion, to,think that it
would be' better put off for the present, and not
made till their minds were less agitated by,the
transactions to which. he alluded than they were at
that moment. Whenever he did make the' motion
respeaing Mr. Gale Janes, he should make it on the
ground that the individual had been sufficiently
punished for his offence; He had never intend-
ed to make it on any other grounds. He had never
intended to justify that which had been censured
by Gentlemen
,so superior in learning and talent,
to himself, as those who had pronounced his of-
fence to be a breach of the .privileges of that
House. It was his intention to postpone his mo-
tion to a future day. He would not now name the
day on which he would bring the subject for-
ward, but the time was certainly not very dis-
tant. While on his legs he hoped he Might be .al-
lowed to speak of a matter .concerning himself indi,
vidually : Several of the Newspapers of the day had'
named him as having been with Sir F. Burdett on
Sunday, at the%Hon. Baronet's house. He wished
distinctly to state that siriee the decision of that House.
on Friday he had not seen Sir Francis, though he
trusted in no -case would it have been supposed that
what had occurred would have taken' place through
his counsel. He had had no communicstion what-
ever with-Sir Francis Burdett, and in his life he had
never been in the, Hon. Baronet's houk

SIR FRANCIS BURDETT.
The SPRAKEB had to acquaint-the House as to the
matter of the commitment of Sir Francis Burdett.—
On Friday lait, he (the Speaker) signed the war-
rant
for his (Sir_F. Burdett's) committal, at, half past
eight in the morning, which. he gave to the Sdiff
jeant, ordering him not to defer the execution of it
beyond 10 o'clock of the dap What followed, .the
Serjeant would report to the HOnie
.; but befOre the
Serjeant was called to the Bar 'to give. his report, it -
was proper for him to inform them that late in the
evening of Friday he had received a letter frOM Sit
Francis Burdett, which the Hon. Baronet wished
him to read to the House. This he would accord-
ingly do, if it was their pleasUre that it should be
read,

The sense of the House b6ing in favour of tho
reading of the letter, the Speaker was about to read
it ; when

Mr.
FRBEIWiNTLk gave it as his opinion; that be-
fore the hitter was read it would be proper for the
Speaker to state to the House the hour at which it
had been .received.

The SPEAKER thought he had already stared that
he had received the letter in question late in the ercii..
ing of Friday. He could have no difficulty in stat-
ing precisely the hour at which it had been re—
ceived, having taken. notes of the whole of the oc-
currences to which it related from hour to hour.—
The letter was brought to him at fen O'clock on Fri-
day night.' It, was brought 'by two Gentlemen, Who
sent word in they waited an ansWer, to which he (the'
Speaker) replied there was no answer.
The letter was then read- by the Speaker to the
Hodse as follows •

" Six—When 1 was returned in due form, by the Elec.
tors of Westminster; they imagined theyi had chosen me as
their trustee in the House of Com Mons to maintain the laws
and liberties of the land; Haying accepted that trust, I mut
will betray it.

have also, as a dutiful subject, taken an oath of
glance to the King io.obey his laws; and I never will con-
sent by-Any 'act of mine, to vbey ally set of men, who, Gent

to those laws, shall, under anypretenee whatsoever as.

:T2

zuale vwer of the I(ti

Power and PriVilegc ate got the same thing, and ought not
it! any titne.to be confouteA together. =. Privilege is an ex-
emption trbm tro,ver, anl vitas.by 14w sectiretl to the 3cl-branch
of the kgislaturei'm order to protect them that they might
sitely protect t;;.s.: people; not to give them Vhiliower to des_
troy the people, _

_ .
"Your warrant, Sir, I believe you'know to be illegal. I
know it to be .0. To superior force,lmuSt stilmi,t.. I will
not and dare not incur tlie-danger of continuing voluntarily
to Make ore of any aS,ociation or set of men who shall as-
sume illegiiify'tfieltrvitoie power' of the and who haVe
no mote tight to take razsel for any roe of toy constituents
by force, than I or ihq possess to tak•?.:any of those whO
,are
pourguiity of this Usurpation; and I would condescend to ac-
cept of the meanest office that vacate irty seat, being
more getting Out of •thy pr;:sent as:,cciation than
_other_ men may be deSirous of getting pr into it,

1" Sir, This is not a letter hi answer to a VQte Of Thank's ;
it is in answer to a vote of.a yea-y di!rettn, kind, I P.,now not
what t.. ;.alt it;. but shiee.,}ou lutisA begun this correspon-
d;:pee with nif7„: I must beg you_ to,read this my answer to
those under, whose pre,ers you have coincrienced it;

"1 cc laic, Si;,

" Your most obedient bumble servant',
FRANCIS BuiwEi.r.,'

" April 6, igig."

Having finishelthe letter, the SPEAKER observed,
it remained for the House to decide Whether or not
the-letter should I:‘e on their table.
1:1-,e'clliNCZI,LO. of the EXCHEQUER thought
it woklia not be well to_pass by- the letter, .so as to
deny themselves an opportunity of taking. it into
ftirther c'onsider.ititr,); but it would not be well to
take it into their consideration at that• time;. he
would therefore move that the•letter. shucsid lie 'on,
the table.

Mr2C. W. "WYNNE was of opinion they ought
to pdt off. the taking into their consideration the
letter in which. they were, treated so contemptuous-

ly, but not for any lea'a h of. time. He would, there:,
fore, move that the debate on the subject shoUld lie
adjournedaill, to-morrow.,
Th.- qUestion was then pin; and the motion for an
adjournment of the debate carried non. con,
The SP:KEit obsetved to the Flouk,:. that he
conceived that to he a convenient time for calling in
the Serjeant at Arms,- that he might -make his re- -
port to the:House: ' .
The Serjeant, was then icalled in, and directed by
the .Speaker to state what had attended the execta
tion of the warrant with the. execution of-Which. he
had been Charged.: .
The SELTEANT then read his report to the House,
which was to the following et-1-1-0 On Friday
morning he went to the hoime of- Sir F. Burdett,
knocked at the door, and inquired for Sir •Franeis,
when he was told by his aervapt that he was frOin
borne. He than v,ent to his ownliouse, aid wrote .
a letter-to the Hon..Baroneii infornaing, hint that he
bad called at hiS -house for the purpOse of serving a.
warrant otY him, issued by the Speaker, of- the House
of Commons for his comanitial. to the Tower; at the.
- same time swirl.; It to be Ilia wish tO consolt the
feelings and convenience of, Sir Francis as onicla as
possible as to the tar,e anaamanner of hiSitrrender.
This letaer be sent .by. Mr. Ciernentsota At aa:r
in the afternoon, having leArnett that Sir Trancis‘ Rad
been seen going into. his own house, he again went
there and saw the Hon. Baronet, who told him he
had written an answ tit- to. his frtter, in -which he
had stated that he would see f.im on the follriwing
morning, at,eleven, :as also. that lie had ,waitfon a
lettar to tae Spealter. The Seajyant on this Went.
away, with an impresstora on • his mitid that Sir
Francis wonhl, on the following morailig, surrender
himself.. He thought it his ditty to a& with a feel-
ing of delicaca towards a Mentber of Parliament,
and, if his condtl6l-had' been wrong,- he trusted the
House would be of opinion that he had a6ted from a
proper motive. - Had he wished to have aEted 'other-,
wise. be thought it would have -been itnnasiible for
him to have carried the warrant into'etreet front the
crowd assambled near the House. He informed the
Speaker of a ha, had taken place, who dire6led him
to return itrmiediately and-serve, the,warrant as soon
as possible, adaising, him to call at the Secretary
_of
State's office in his way. He was detained there a
short time.- He then went snit-) to the house of,
Sir Francis, aecoennaniad b.olr. Camentson:
saw Sir. Francis, and told hiria, that he was- veiy.
sorry-he was obliged to name an earlietabour for hia
committal titan eleven on the following morning.
He then shewed the warrant, which .Sir Francis
read ; and having read: it, &vie - and
declared that he .would -riot go to the Tower, unless:
taken there by force ; at
_the same.: tine, stating it
to be his intention to resist the execution of the
warrant by every -legal Means in his power. He
(the' Serjeant) 'tlien withdrew.; 11,here was at that
time a large moh Collededatogether in -front of the
House. Consideripg- the lateness of the- hour, it
being_then nine o'clock, and the. circumstance of
no arrangement havipg been made with the .Lord
MVorloaend arty foree to meet him on the con-
finesof the city, without which; arriving there, he
must have been left Wholly unattended ; he deter-
ruined.on deferring the execution :of the Warrant
till. half-past'six.neat moraing. He then went to
tte,Secreta>y of State's office: to make the arrange...
menta necessary 'for obtaining the assistance be re--
'He also wrote to the Load Mayor on tile
subje&. At half-past six on the following morning
he again went to the-house of Sir Francis Burdett,.
He knocked at the door, and was answered by -the

Oa, Saturday, as he should hare before stated, he
took the Warrant. to the Attorney-Ge•neral, in order
to have his opinion on it, -that he might know how
. far he would be justified in forcibly entering the
House, On the opinion of the Attorney-General he
had subsequently aated. -What hadoccurredsince,
iu consequence, he hoped he might .be-allowed to
state. to the House, ltayidg had no. opportunity of
mintiting down the tr4psaetions of the day.. HAV-
ing• pn Sunday night made the necessary arrange-
, mums as .to the civil and military force to be-ein-
ployelf, be went on Monday morning at ten o'clock,
accompanied by about twenty Police Offieerti, and
a detacirment of C:.valry, who were :Id-escort the
. Honourable Baronet to
,the 'Tower. - He forcibly
entered by the gest= and got up ro the hall, where
being joined by ,patty of Foot Guar4s, he, entered
the room, accompanied by. the Police,• in which Sir
ancis Burdett. was. He. (the Str;_eant), told him
re-tit-mice was osel, 0, and that he would do well,to
snrrender. SrFriincis they asked to se-; the-War-
rant by virtue of which he was arre:,ted.. The Ser-
jeant repli4 that the warrant was.the same he had
aiready,seen: Sir Francis Burdett.then• cinisenied to
gc t into the carriage. He: was accompanied by his
brother :mil Mr. Ciementson. The Serjeatit at-
tended him to the Tower n horseback, and de-
livered him to the. Deputy Lieutenant -of•the Tower.
It in the-course of the business- he had acted im-
properly, .motives by, which be was IL;tuated,
(iliose of delicacy),, added ..to the circuinstance of
the case being,..oll so urprecedented-,- would, he
trusted", disarm the the reseutment of the House.
Sit J. NEWPORT wished, the opinion of the At-
torney General to be laid before the HOuse. • • -
Mr. Wu ITliftE A D Wisholo a* the ljerjeant a few
SC' le 601iS bet OVC he was ordered to withdraw,
'The SPEAKER said theregular,coutse -oro&d he to
hate the Repsrt read by • the
,short
The deficier.cies'naiglit then be -corrected.
The was then read by the shod-hand
write!, . the Serjeant interrupted hint to s.tqle that
whit :'te*NlesSeriger was in the hall of Sir'Fances
Berdett's 464.1-st:c• Sir Francis returned front' tid-
ing. The Warrant was then read to, hint,. the.
Messenger told hip he should be sorry to use force,
to which'Sit Francis replied, that he would resist

•
servant; that Sir Francis was from home, acid be"'
kneW not:when he would return. , Conceiving that
Str FranCis was gone to his house at Wimbeldon, he
immediately went thither. Arriving there ,he vas
infofmed that Sir Francis vins not there 'he was
gohig to consult the Spehker on the subjea, when
he was informed t.hat Sir Francis had been seen in
th.t tteet. On this he again returned_ to Sit Francis
Burdett's houSe. After knocking,..t he door opened
but a little way, being held by, alarge chain. He
asked for Sir Francis Burdett. The servant told
hini that he (the Serjeant) could not come, in, and
shut- the &Or. On the following morning;
day) he again went to Sir- Francis, Burdett's Loose, •
He arrived there at seven o'clock, accompanied by
Mr; Clementson. He knoCked several tunes, :but,
enuld not "gain admitt ,nce, and '4
t length' withdrew.
'Mr. Glementsob and•- himself, hOwever, waited
abont the rest of the day, and all the night, think-
,
iug it'aecessary to watch the avenues of the house.,

al'Or. WIAITBREAD observed it WS& in the power of
the House to determine on than suhjed.
The CH'ANCELLOR Of the EXCHEQUER thought
that. the "examination of the Serjeant 4 the Her
shoeld eed, before 'hit of the Attorney-Geneial
shotildecomMepce. The Clerk then read the Speak-
er's. weirrate for the cornmitial of Si'-F. Burdett.
i\lr. WHITBREAD inquired if there had nut been
. a case-which ac6ompanied the warrant.: ,
'The ATTORNEY-GENERL replied that there was
He conceived it to be thithe purpose of discoveriug •
hishaesnion a end , he'had returned it t e°De ther with
the..Warraiet. . - . . e._
The Clerk then proceeded to read the Opinion,
which 'was in substance as follows:-- •
- "He did not recollect any instance of en outsit'e'
door-being broke open, -in pursuance of a Speaker's'
warrant e he •would form- his: opinion in all cases (10
the same I,I*IRCIAt's ) he , allowed• where' the King
vaaa a party, then there-was full, authotity to beak
openany door.evhetheet hat of the individual, or if
thepersouto be apprehended happened to be in .a
stranger's house. This distirietion arose from private
right, and reaStne permitted it -for petit: importance.
It death was the Consequence of any resistance, the '
Serjeant he conceived to be responsible. . If there
was a neeessity.oh thfcing ah eeirance; the cause of
it should be first- notified, And- no violence- should be
used, unless the party aveie in the house.. • PrevioeS
to.thetaking. a military force, it was necessary he
thought to ire it the eitil power would hesurheient;
if • the party. was once tat; en,. and. then 'eel:A.:tied his
escape-to his own, -r eny other house, it-would ha •
then "perteetly lawful to break it open."
, T!,t.: • exhAninetione of the Serjeant at Arms was
trite resuteed. - • , .
' . Erialibledby Mr,. WHITBREAD: '
..
Q. What 'time did the Serjeant attend. the-Cabi-
net Council ?—A. Nine o'clock tie Saturday even-
ing:
Q. Wlee were present ?—A. Mr. Perceval, Lord
Bethurst, the Attorney-General; Lord Westmore-
lend, LOrd Eldon, Mr.. 11. Dundas; Lord Chember‘
lain, Lord Liverpool, Lord Wellesley, Lord Mul:-
.' grave, Lord HarcoWby. -
Q. Were there any: other persons present ?•---
' -N A. o.
- e
e
• -
The :Serjeant was then examined by Mr, ,N. "4.ruhr- Q. NVas Mr. Becket called in ?—A. No.
Q. Were the Police. Magistrates called in ?--'--
BREADhUt the indiStrna Manner in which the Ser-
eeant replied; the noise which -prevailed :in the (rata 'A' No.' . - . ' . ,
~
9.. Was the Sergeant asked' if. he had received
lery, added to the circtinistance ht. the short-hand
writer's but seldom reading his -notes, though, Often • the :.'sttornerGetieral's opinion. —A. Yes. - •
Q. Did he receive any dirediens. with resped to
•called by the Members so to do, rendered it imPos-
sible-to'colleet the first part of the ex urination with, his mode cif PRx''''''ting ?-A. No. ' .
. precision. . , ~ ._ Q. Did -the Sere:at-it ask for :my force ?—A. Yes
Frorri-ehe answers we celleded, it appeared that. and I was told I should have whatever I required.
the Serjeant first coninumicited to the Speakee the- Q. Wes there eny definitive md'Zie ,of care:acing.
the Warrant then paved of e ?--A. but any defini-
intention of Sir Francis to resist between six aed
hioven-O'clock on Friday. That he first Arent to the tive n'"d';'' • h •
Secrethry of Stateha.office to obtain assistance.- lin- • (1, Il id the Serjeant any communication with
the Secretary of State efter the. Council?—A. No-
areehafety after making that Communication, that he
thing partieuhir ; a few words.
there saw Mr. Beckett and two magistrates (Mi-.
Q ,Did the Serjeant receive any instruaions from
Read and Mr. Graham); Mr. Beckett referred- him' .
to the Magistrates on-the propriety of employing ca- - Ell" —A. No' . ,
vary: 'He had not seen e‘lr. Ryder but on Friday,
Q? From Ni Beckett ?—A. No.
Q. Had the Serjeent any , communication with
et the Freese, Vim theta said little more but " Mr.'
Beckett's 'in the House," he-did not then commit- Mr• RY'ler3.---A' ?'"°' .
With :iny ol the ;elinisters ?a•--A. No. --.
pieate to him the intention of Sir Francis to resht,
as he .harl been but, twice at that time to the Hon.- Ti)( CHAis,:CELLOR of the EXCHEQUER stated. Tien...
Baronet's house, He had been advised to go to the . when he came down to. the Hotee Mr. Ryder we's
Secretary of State's office, on his el-forming the . prevented attending in fits -place Irons indisposition ;
lie wished to put. a quiestien to the Serie.:nt-...
Speaker Sir Felicia had intimated an intention Of
1 Q. The S:hyeant whep he inquired of Dar., Beck-
seeing hie) the next day at eleven..
l
eit, was he euteod the( he should have every requi-
, TheeSrtexpet here thought, it neecasary to state, :
that he had ordered the warrant to be srrred be- sine ' ftece, and refereedto the Magistrates for their
fore ten o clock of the day, . if. possible., as he - assietanae i—A. On my applicatibir to- the. Magis-
thought it advisable to eveid . putting it in fora: at f trate, I eels told theta militiry force was not neees-
mid-day. He •wasinfornied the Serjeant was prapar- sarftiil an appearance of resistance had taken place.
ing a report ol ins having been in quest of Sir Flatlets ' (31. When was the
°first application made at the
without success, when hearing that the Hott Secretary of :State's Ofriee ?-e- Wes
,it before, or afa
had been seen, he (the Speeker) directed,. the . Bart.
Sec- ter' Sir . Francis Burdett said lie would resist the
leant tO lose no time in- making his report, but to go Warrant ?-a-A. Before. ' •
ttnm.ediatelyand serve the warrant. He heard no ' Q. The Serjearit has stated the he saw Mr. Per-
more on the subject till five o'clock that afternoon. .ceval on Saturday afternoon; did he not then say
The House was then sitting, bat in a Committee:—
that the warrant had.been delivered by a Messenger,
He was informed the Seeteant 'wished to seeek with and was nerved upon Sir F. Burdett-I—A. Yes.
Q. Did not Mr. Perceval express his surprise,
him. The situation. of the, Lloose at that time did not
that • when .the Serjeant • did see Sir- Francis, he did
render it ithpossitile, awl he consented to see him in
first .
he, own house: Oti meeting him there, his not then 'erne,t him ?---.A. Yes.
U. Did.not Mr. Perceval - ask if the 'Messenger
ea ord's were, " All I can now say to yeti is, where is
the receipt of the Lieutenant of the Tewer far the • ' had
- .
‘` toothed"- Sir Francis, when. he served him.
body of your prisoner ?" . The-Serjeant' then relate i with trio warrant ?—A. Yes,. .
Q.:. Did not Mr. Perceval then regret that be
ed what had had paased, ieferniing him,. that he .
had not touched him.—A..Yes. - ' •
(the Seijeant) had seen Sir Francis Burdett,
bet that he had made an . arrangement by: vaLch Q. Does the Serjeant recoiled asking Mr. Perce-
Val's epinion of tl..te legality of breeking °pee the
he (Sir. Francis) . was to go to the 'r6wer the
door ?—A.; Yes , and wit leeespeCt to toy going up
next day." To this _he
..(the Speaker) pli
reed.,
the stein,' Cu'. foringemy door on the inside.
" Possibly you may be in the Tottler toemorrow,
Q W M
. as it not r. Pei cevai's opiniou that the out-
but now go and serve jour warrnm, and convey
your Prisoner there before the, dark hour." The . side door could be broke open, but as there were
doubts .on. the subject, he thought it necessary to
Serjeant returned between nine, and tee, 'and then Y
stared it to be. the intention of Sir Francis to resist advise ?—A. es.
oe. Did not Mr. Perceval say
.that- if he were in
the authority of the House:- . .
the Serjeant 's situation, be would take the best legal
[Here the examination was then resumed by Mr.
W• • .
hitbread, from which it appeared, that on -again advice isecould get ?—Yes.
Q. Was not the time of the Serjeant's attendance
visiting the Secretary of. State's office, he the Ser- '
jeant, agaii% saw Mr. Beckett, Mr. • Read , , aiid Mr: - at the Cabinet Council somewhahlater than he had
mentioned ?—A. It was. ; - • '
Graienn, who were of opinion. that Sir Francis. Bur-e
den might be conveyed to the Tower without a I [The Speaker ordered the , short-hand writer to
read- the. minutes slower, and more distinelly," -.-
military force, built. if one were necessary it -.should
be ready. He (the Serjeant) attended a Cabinet Q. Was not the time of attenciath:e about twelve ?
Council on Sunday night at nine o'clock. From the A. I believe it. was.
commencement of the affair to its close, he had seen Q. When the Serjeant attended the Cabinet
none of his" Majesty's Ministers on elle subjed lilt Council was-he not asked what' he intended to do
Mr. Ryder. He then recolleated Sceieg Mr. Perce- with respeB to putting into execution his warrant,
as it was of importance to Government to know
val on Saturday, who- expressed some doubts Las to
the propriety of sending a messeuget frith the. warrant, what steps he would take- ?—A. It was the -first
and made. some inquiries as to the usual. mode of • . , .
qeestion asked.
Q.. Was not the Serjeant then told that every ini-
proceeding on suithohcasiona. He had given in to
the Auoiney-General a case' drawn •up by -• Mr. 'Mary 'and civil assistance ,shoe:
be afforded to put
his warrant lute execution 1— A.. I have already
Bramwell, on Saturday night at half-past nine on
which he received ale AttorneyaGentsral's opinion on .stated that I was told that every assistance which I
Sunday night.] ' I required would-bea-bided. - . '. •-
.
The ATTORNEY-GENERAL said, that be stated Q. Waa• riot-the Seijeant desired to consult with
the Magistrates, • and arrange with them them the
on his- first view Of the warrant, that it was not of •
necessary proceedings ?•••••A.• I 'Wtis. • .
a nature ',le sanction the apprehension, .but to deli- ' .
•
ver the body teihe Lieutenant of the Tower a the Examined by JOHN'ANSTRUTHER. • SIR.
amended copy ,of the warrant N be received late on •.Q. At whet eoier on Fri-lay did the Serjeant re-
,
Sataday nigh.'• .i ceive the Warrant ? A. •At 'about nine o'clock .in the
.. . .
Mr. WifITBREAD inquired it it had been 'the first moruing. . • .
' Q. Why did not the Serjeant proceed to exectre
-time the . Learned Gentleman lied been qiiestioned it, hemediefdy ?• A. I did go to Sir Fraticis Buialete'
Witit respect to the. legality of a warram sientaF,by ~ houses
to him . and tee finding hen' there, .1 wrote a letter
the Speaker.
- • - „ - ! - . e. : a
. . .
The ATTORNEY-GENERAL said, he had .no objec-• f. Q. Why didehe
.Serje tilt write a letter when ena
tion to reply to the questiun, but ee- believed, it, tit a. Irast,:d *wall the execution of a warrant ?--;•ela. That
nut a proper the - • • - , I might a epoiet a time withhitiffor biscotitoyance
. •

to att.: Tower,. and this particularly as'l did not iiud
him at home.

Q. When did i he Serjeant first see Sir Francis
A. At fitkr o'clock the same day. .
Q. ,Why did not th- Serie,mt then arrest him ?--
A.. I believe there was 'o'ne courtesy due from the
Seqept to a Member of Raliarnent. I rethemher
,an ins!ance of arresting a Member at Taunton, -when
the mrssenger did not come within six miles of Abe"
place,' bin the pleasure- of the House was communi-
cated tr)l-44 friend of the .Me.rhher.
When the Serjeant nest saw Sir Francis, On
the afterrwon of Friday', was there any mob, or ap-
pearance of resistance A. There wag.
Q. When did the Serjeaqt see,- Sir Francis the
second lime The same evening. :
. Q. Did the Serjeant gv to the Secrettify of Str,t,:s
Office that evehing---A. I did.
Q. -Did he then mention the ,mob, or make ant
application for a forcr No. •
Was the want-- of coma unication with the
Lord .M,)yor one reason fur not 'making! any
by forc, was -told so in - the- Secretary t.;i
State's Office. , • -

Q: ;:Dues the Serjekt.t know wLether the .Lord
Mayhr- was COmmun,c,ited with soon attet ?—A-
Yits; I went cm S.:land:ly En}a:ll. without 'any parti—
cular direCtions.

Q. When d:d. the Serjeant mention at the' Sccre.-
tary of State's office that he wanrccl a force i.—A• 0.3
Friday el ening.
Q. What was the answer ThAt I.
have.. a proper force; a citli force, fir,. i‘ 11,C-
sary a military (me; there was' a ditiereLcc: Wi
res;)eta "to this necessity.
_ _

Q. Was the (':ant of a sufficient force oiie
why the warrant was not executed before tiiis -
ing ?—A..
Q. bid the Serjeant think that before to II."
ing he had ,a.sufficient forcel—L-NO '; the. I.:A
was a patrole not si-Aci,nt for 'an osi•ort.
Q. Was it the.Serj-,ant's to see Mr. Perce-
val, or was it:Mr. Per, ei's to Sei. 1111 ?.-"*".“
was at Mr. Petcevars &Sire I, kvailvd v. him. ,

Q. ,Did the' FR•tiQaut tell Mr. P tc,N:d, that be
asked the. Speaker's opinion about breaking open
the door "I—A. I. did.
Q, Is the Searje:mt quite sure ?—A. Yes.
The SPEAKER del ;ared, th:u the, Seijeant Ir.+4
informed him he expetted resistance ; he wished tt:
SeriQant to recollect, it he hid not asked him f.cr the
receipt of the pentet:atis (if the fencer;` to this
question be was answetcd, No.
• By the rEAR ER.

Q._ Does the _Scj.,:atii teeoliect the time he in-
fottned him of Sir Francis's intention of resistance?
—A. Between nine and ten on Friths- night. ,
The SPEAKER, Aid colitiiiu tro.. -rnentioaect, that
the Setjcant, on his return tro.a ()Rice of the Se•'•
.cretary or. State, to;d. hits, El:6 ate-, had saint)
doubts of the.legality of •breaking :ty-in the doev,
and applied to him.for -directions, ,o ;his he replied,
it was not his duty to-give either orders or direCtions,
but advise. He said that be did not' know but the
-Magistrates would execute the process for contempt
in the sarne,.way as that of an intetiot Court ;
likew s. mentioned; that if force was requisite, he
01:1(1 have it by applying at the Secretiny.of State's
Office.
A
• Sr tr J. NSTRUTEIER proceeded
Q. Mb° first Suggested the doubt of ex.ecntio4
this •Si•c2ltcr's Warrant,. 12gortz.:r—A, I do not. re-,
convo, •
Q, Was it at the Secretary of State's office
I believe so ; bet am not positive.

i. When executing the %vat-pint this mortlingi
did the Serjseant know who was in the hou•.e A. No;
I only saw Sir Francis and another Gentleman.
Examined.by Mr. STURGES BOURNE.

i Q. Was it not sugested by the Magistrates, that
before force could be used, it would be necessary t°.-
.prote resistance ?—A. Yes.
Q. Did Mr. Read say to the Serjeant theni co' 3
necessity of making an ;11.-i:l.lvit of the resistance
A. Yes. I told him I had no objection tO SWC it tO
any thing- that I had said.
_ _

Q:-Did not Mr. Read send out the Civil force/
both on Saturday and Sunday Yes.
Q.. .Di.l not the Migistrates.state it Was neces.,:iri
to make an affidavit to obtain assistance ?—A..Yes•
Examined by the ATTORNEY-GENERAL.
Q. Was-it-not on-Friday evening that,the Se;Scant
applied for assistance Yes. ,
Q. Was he not told that he. sbould have
civil and military assistance ?—A, Most certainly.
Q. Was not the Set t..ant referred to the
Unto for the Civil force ; and to learn fr cpn ;

they thought it insufficient ?—A. No duult-o1
, Q. Did• Rot the _Serjeant wish to have the
. tag to execute the warrant in the first instance, :If;
ter- he had seen. the Magistrates ?—A. As soon 'OS
saw the mob, I wished to have if.
Q. Did nct the Magistrates expr,ss their
clination-to employ military force, unless they lotio'
the Civil insufficient ?—A. Yes.
Examined ty LORD OS,SULSTONT.
; Did not the Serjeant.cnnceive that though hew"
furnished with a force. from the Secretary of Stak;
office, he would be liable 'to every responsibilitY
and ik dea.h should ensue, and the warrant after-
wards.prove illegal, did ' he not 'conceit,e he w'olll4
be subject to an indictment for murder ZA. I eon-
sidered myself ..-the only responsible person in
execution of the warrant. „
Q. Did .not the" Sedeaet think from what
from the Speaker and' t he: Attorney- General, tliat
that r4sponsibility.•was of a serious nature —A. 1
did.

E:pamined l y Mr. ADA m.

Q, In any time of the proceediigst did the Ser-
.
jeant make an applieatiop to- the Sheriffs of Middle"
i sex )=A._ I did. .

r~.

Q. 'What did they say on the pi-Odutclion of the
ivariant, and the request foraOstarce ey
saki thi y woulcl aff-?rd assiitip theif power,
and tiOs..wa4 on the; suppo,ition,that -Sir F. Burdc:o
bad come out of his hog ,e. ' •