The Sun.
London, England, 1811-05-18 00:00:00

c(,mMITTEE OF WAYS AND MEANS.

Ory the larder of the day kiting read,ior the House
toje.sblve itself into a Committee' of Ways and
Mangi.
Mr. Row'Ails, purgiant ,to notice, called the at-
teroion of the • House to motion which he was
,ibout -to submit,. respeding the repeal of the Act,
which exeiripted Foreigners from the Property .Tax
This.exernption he conceived to be founded in lire
policy arid .injustice. , lie made no detibt but in any
trautis were corrunitted !von the revenue through
stock being Sworn to bdong to foreignt-rs, which, in
tali, belonged to British subjetts. At all events,
the tacility was great, add he wished•the temptAtion
removed, Upon the whole, it it was just to' tax
the natives, he contend-0 that there was' neither
justice nor poliby in exempting, the foreigner. Hb
therefore moved, than an account of the exemp-
tions claimed by Foreigners holding stock in' the
different Public British Funds, be. referred to the
Qommittee. , . • • •
Mr. ALEXANDER, BARING spoke against the mo-
tion, on the ground that it would be highly unjust
to extend the P,roperty Tax to Stock held by Fo-
reigners io this country,.alter the honour Of' Parlia-;
merit was pledged that it should not he done.
The .CHANceLLotrof the EXCHEQUER agreed that
it .would be unjust in Parliament to tax the property
alluded to, afterforeigners had been induced to Vast
it herein conse.quence of the pledge, which [sad been
completzly mat e. lie did not know, however,
whether it would npt be politic to .withdraw the
exempticin at sonic dimatft period, nfter. ParliameOt
should have deelarcd then:intention of so doing, in
order to give Foreigners -who should think proper on
opportunity of, removing their property. , fie did
not think the 'present a proper time for making any
declaration, that it should not serve a colour to Bee-

naparie's constant assertion, that our subjects of
taxation were exhausted.
Sir T. To fITCYN said, that Foreigners ought to be
made to pay tOr 110,5t:421316y for their money winch
they could. not attain abroad.
• Mr. HOWARTH Gold, he should not then ,press his
motion, on an understanding that' it would be Td•
stinted at another rriod.' • . . .
' The House theo retolyed into' Committee
of Ways and Means, whets the following 11csolu-
tions .were voted:
That an additional duty of i be iniPosed upon all worts
made in this country:
9,ioNems was mitered to be raised by
.4schaquer
for the strytees or the pre,ent year.
The House then Y, ent into a Committee of Supply,
whets the following. sums were voted -
241.4fr001. to certain Commissioners; to he expended in re-
pairing Churches and• Chapels in I reland
i s,OOOl, towards dela) im; the. rcroAjoing CXl;eileeS of drain.
log certain hogi in I retain!.
(wool, towards the experee of, building of btidgetin Scot.
Putt.
'PIC ,ChOCObite Imporiation Bill went through a
Conimittee without any amondment. •

artga r,,s, sutra N
..914t.,Natt v..
Mr. 'fa YLea said ha would not be deterred by:the
thin appearance of the House front calling thd.r at-
tention to a very serious ,evil, which was daily in.
creasing, he meant the, delay tha.t took
,place in the
decision Of:appeals to the House. of_ Peers, and suits
in Chancery., He declared lie..had no sinister view
in bringing it forward, -but that he entertained the
highest respe6t for the Noble' Lord who presided in
the 1:10e,.e of Lords, and WAS also at the head ,of the
Court of Chancery. BVlrea he last had the honour
of making a similar parrtion, he was told that some
changes were in conuemplaiion; but still, after 18
months had elsi.sed, noise had taken place. He was
told indeed that a report had been' made upon the
subject in.ntintlier- place, hitt lie was alio toA con-
fideutly that it sct!!gsted,no elierlual• temedy. It
had been suggested that another Master of the itotls
• should be appointed, but that would produce no re-
lief to the Lard 'Chancellor, so long as the final ap-
peal- hy
,to him. Ha knew from an authentic do-
cuirreiit that there were as many :Bina hi Chancery
ftled. in the tittle of. Lord llarclwicke as at preAertl,
but the rnotionstad now greatly increased, and bank-
ruptcies, which Were before unknown, occupied a
very great portion of the time of the Coott, He
therefore thought bankiupt cases shotild be decided
by stune other Judge, because their consideration
did not originally belong to the Lord Chanctllor.
The objet of his present motion was to appoint a
Committee, to inquire had and report -the causes
of delay in the 'Court of Chancery,-and so
the Journals of the Hottseof Lords to ascertzin the

'Es .1-i U N.

SOL ilaUl:ij)lCkft I V ALSUM• AUDIAI

L U N I) 0 N.

SATURDAY, MAY 18, .1811.

The official aspatchOs of the capture of the two
frigates nfthe enemy, actd the boinirig of one, will
be.ptiblished in klo Gazette Of thilintiirt. un.-
derstata that it hag b.3eo one. of the most
atatons that has been fought this war. A fourth fri-
gate struck, but stole off. Captain HOSTS was'
woundedd, but not severely ; bat were sorry to add
that the' number of killed and Wounded was very
considetable.

Tliis morning an Anhc►lt Mil arrived. It brings
no news of importance, hut wa have made a few
extras. • It appears that there has been an' insur-
reaton in Upper Silesia : the accounts of this event
are given rather in a mysterious way.

Last night we received. Paris Papers to the 9th
inst. BonNsr.saTE has at length found it neees-
;:ily to say something respecting, the state 'of the
war in the Peninsula, but, according to his. usual
custcint when he has any bad pews.to communicate,
he contrives, by studied ambigUity on some paints,,
and open falsehood on others, to avoid giving to the
people of-Trance .any real information. The Mani,
tear acknowledges the surrender of FigAteras..

The accounts from the North-east of'Spainare
the most gratifying nature, ttie French' have sustain-,
ed the; most' severe, in Cafelotiia. The ,itn.
pot-hint fortress of Figuetas was given up to the
Sp-,iiiards by 400 italians,--all the French that were
in the place; amounting. to 200,- wete-put to the
sword. Our Readers will, -we are .sure, sincerely
rejoice to learn that Gerona, in the defence of which:
the. Spaniards formerly displayed sty much gallantry,
lies again fallen into their bandit.' Rosas and several
other Tlices were expeaed to shafelhe same fate.

report was -,yesterday circulated,. that 'Josarn
BOON A NAUTU hadarrived'at Paris, as the air of Spain
cloes.nn't agree with hilt,.

All the Letters from Cadiz, concur in stating,
that there is every reason to .expect that the stege
will he immediately raised. Some accounts say ih
the French hail br. ke up from before' that
place, but this ae do riot believe. It is however
quite clear, that if the operations under Generals
BURESFORD) Btiu, and BALLISTSI3O9, should line.

etted, the army before Cadiz 'wilt be pigced in g
most perilous situation.
The following Letterg love been received from
Cadiz

" Ca,liz, M.l a,
• "
The movements we rirceive in the ts;ca,i's
encamp indicate their intention of t;;!,
ment p lain
drawing frunkheir present
pesition, sod
""g
wards eirille."

It':::Stt RNOVIIRE LOTTER, SAO DATIL
" f.ast vveek. the' enemy had the iost)leace,.to,
wo,trld' be granted.' Today' tx e are totti
sir-ninon OS to surrender, observing, if r•,;lo‘ti,ir
inade:l4
Said that they IaVC destroyed the blindly as
advantages,
Na—oh -. , . ..' ~
P c-on, anu %vithdrawn from it tit tenger/14
aiey are marching foisgids Seville; and 't
if
whi'eh. they annoyed its So inuch NOW I;IRC ago,
c, mo, learn" et tho
vy e by Lete,s from 'Drogues, -
ISt of April, that the brave Army of C11,310'014
Jut,
moot.
.w.ust ga:dant atteinpt to storm t;htt..lo.oo;l
in which, At the onset, it had gglt,eor,
'but woo in the end cortvelkd ally.".
quish the" object I,vitli some IVO, Tlit Orli
atC:reustr\
hoWcver, dicinot venture upon a putinit."
..................
sure the deteraii nation of the Court of ginOr''''h'
1 •,,,
on the case of Sir FRANCIS BUI/gll' 01" h.
SPE .„stt
AKER• We trust that the question it 00,
: ,e 0
that the Privileges of the Howe of 0.05041
became we are firai!y coo,"' 1
inseparably, con netted with the Liberty of ib45.11.:
:lea, and. that if the one were taken mc?J''
ether would soon be destroyed.
.................... 0
In the report whiCh we 'Olio' of the pre
Bill, , h'ett oi
made by Mr. wimr,„,,,cy pa, pp tne ni,j
Schools, A alt
0014
Public Education in Ireland, We salliitte`;e ,41,ft'l
were but 10 ;
of
-the nhjeas which he, proposed to oe-ri ,
- !rig°
we take the earliest' opportunity of 1aPP',,,,,,0s
ii:deveer: we
3re
inlre' will rod 0,,1,11,:v
3rid 83 the subje6l is of the inmost iroportiricf.,
omission. Mr. foes s3ld, that iastcid oil 34 i''',.,
is lie
sent to establish the full number of echo„ 5,
poi
posed that it should be 'lwful ter the
81°ners tOaScOtiniegielid°autihttwboYa: virtiot°febauelifi:ll&-ailail'cl _.l ieeDl'''''
. 4,01
for•the purpose of•est at:dishing one rree '''''
, li Vl'
that the Salary to the Schoolmaster SOU., • j,
hild tiyal",
and is it would be at
OP°.
itt the following tnbrwer, vi/.. orl'''''' „14,00
dinary, and the other two-thlds bi 0:0 . ;to,
the owners of tbie apiiroi rhos 014 telt"
,
litiTutebl::eoftoil
tl oil v,11.6i nt
19 :en t :,teitry,was yesterchlY rtcfc„ ttu'i` ' I ............., . 204 ITC
the Continent, .'We,ormot voa'ch tpr.„l„'„lfilsln '4,
the
"anent it contains. if we' ei,"ol'ioloylrly.;
I,r) Boot:sr/44TE an sc:t it
istBtfiro°clicba6clslPj'erl'lr'o.;4l'`.
Letter states:.—"l'hat n detkiciansnt i'',, 0 40,,
roieq• ccl'
sobs (or emissaries as they' ore Ir „ 00 Or;
employed by Buotarsirrs to entrilviii, 0ir,,,,,i
te.X.irig of PRLIS6IA. TileFC Wear it ire o*)esett,„,
near Berlin, are said to have &watch' kookir.i
ti, his Majesty', ititiroating.tbot on i'ia:cireed,te4:,„
nuorrax.inte wins in rho vicinity, 01'
:evi,jo 11,:iii
immediate intoliew„• 1"11Q N.flgit Pthp hietl
CeiVi I).g such summons, had bentJ ole.itim,,,, ,I,e,qooqt,
and either being informe, -or oast' vio. pOP'11;e1
of *their mission,
,dec!itied the iofel,„; oriootiii
and has, harm since stid to love f_tt,:`7,lll,, ,
the protetainn )f the Fopeior of 1%".',,,,,,1fi, ;Arc'
:.
Captain. Ilmtvit*, whe "'',` „I 120, I'l be P
moved to the Boyd Stivteign: ,',,,1e, I,,is t
iliaTihhifFrench. st ore
C4m?sel.t.) who 115 d the Unite Irtbs.
,: r 11.'
by
the 414' ii., ,
li ' 'Jr° q
.90 tons of gun•powder besides NI ,
, 4,
other storos. . 1.03' Yi
' lock, the tli*
Yesterday, about two, 0t , nerafier, 1/4100.7
of London, tiocormianied tq the 'moo. ti A
riffs of London slid I\liddlei,e>,•,o3ooo,
i4o,
0,
Sir WILLIAM PLAINER titi Cj°36 ritol) ~,,jc:IVI
City:ReilletiflbraDCer, What t°, n—of tbo 1,10/,lC'
deputation from the CurP1):111111‘)tho, sverg 1",,,,i ei,'
On., Soon. after their srrirT rtil Tvrts rib
,r2L'i ih''
ship tslteit uy - utvoi
by Colonel,MlMArrort, '''_...,, of bit 1105,,,e,0i
BLoorarrFLti, into the presens7ite ii,,,,0,.5':0.
the PRINCS littOONT, iillll3,.,dcwhi i/!, Ili,:joil 111
Becerder read to his 110Y01,1.'4'11„yol fi';')4 i't
ECorporation, votiog 11'5
.., illy to 10'
Freedorn of the City, onsi..!l)ilelalat,
~,,,,/
he would be pleased to l'eccitv! 0 tost .1L,',14-11;;;,
HIS Royal. Higiinesi 013°' 'Di tbc 1,0,,::.,
ewer, acknowledging h 0 s'"lsf'„tia hii 0 '..
.0:g 4
ed to be Conferred opon iti11'.,.,: too , ' • , ,t
the Corporation ; at tli,d itg:t";o4liol;,.,,i
~ 1,t,•
regret ' that she spirit of the 1 ii„, ,
~,,,,„01
, „ k„er.:, , , .014
hint .fioln receiving it, o'4 '-, iti ii''' '- . e
of Payola', IteoeN. 'PO ~ ..,,1 „i-i,. '
~,,,„ joy.-
received; and invited by tail • iii;::‘:•' •
0.1(4 of a cold collation. .o„vd 0 `:,,lr, PP'
, After the City OfTqlst' die,,,co to •,,,e„,,
Royal Highness gave PI) 1,1°,0100 popso,4r on '
Secretary of State for tile L.1,1i bold a '
~
The Parries csiet'',., vl,l il, prPCSt,'
28th init. at Carlton 1:1007'0,c1041t,r0„; „i 1,11.,
Yesterday morning, sr,l,l•d odier'l'id 14,
arrived at Windsor, nntt plat!Chad prevoPi 11;4
MA.rawitsi till'ofter yoe, w:for. sal),
sewn from tatting !di, moil . dk
1.4 Ili'
UICC. . tesfi'lzh
The Guy ON and Princes, , ont
' f; duo ed 1' tri
,EaCEVAI. Je . . „ 001 002,
took an ailing to Itrogrore' 0 bolt FO' pro
. . mAjos't. dor, I
At two o'clock his ,-- st Win ; sior
the Terrac• 4 1
noon's vatic ott _...,140 se •
nied by Generals °"
walked till' foot, ' i
.

ri

,

NAVAL NEWS.

PLYMOUTH. MAY 16.—Arrivett his Majesty's
ketch 6""eri.of to guns, Lieut. A. PRIHIN, from
the Mediterranean, with dispatches of importance, 's
'OlOl were landed immediately and forwarded to
ionclen. She left the British fleet under the cont.-
inntd of Sir C. COTTON. off Toulon, on the 24th
till well; Gibraltar, one the 4th installs
Iltid Cadiz on the sth. The dispatches brought
.4 the Gleaner, it is said, contain the otEjal
tibial!; of . a most ,des.perate aetiott in the Me-,
diterystreln,' between three English frigates and a
4001, isf war, and five French frigates, a sloop of
vtar.ln-btig, and a ichooner,which ended in the
total defeiit of the enemy, after a most obstinate
battle, in which two of the enemy's frigates were
taken, god one blown up ; the remainder of the
squAroa.est:aped, One of which (a frigate) had pie-
viotiSly snuck. Wis have not been able to ascer-
tain the loss of the enemy, but which' must have
bees. very svr,,,re; our loss, owing to the great dis-.
'3l the enemy's force, is other severe, it is
"Ri, ittninn,ing to 200 killed and wonn&d. The
Glettaer br.neb more important intelligence than the
`finegilirg, %inch is., the
f captdrelof the very strong
Mr ai Fi‘gtren'ts by the SpattiaidS, and the total
t'l'at Id' the Fi:toch e,roly in Catalonia, who, from
accnu its, 0,,,•1e flying in all directions.
e.LI his M,Ck,.,ty's slii, s-Liarra and Peacock on
ui the WestW.nd, rtnri ilie "ill ion cutter
for S.r iIAaRY BLIKHARD NaALE,
its Chief a his Al.ilesty'a ships in
114‘l'ic Boatts.
iiito Barnpuol to refit the Suldanha
fri-
Ba►e:,
• • ,
Arrive(: ilia following vessels, viz.
I;Tile ,\ o rrrsCoitth, 'satin London; Lark, Corley,
,"1 W4l" i l'aAaltlit; Corner, from Sunderfandi Wheat
11141'',Slikr; itod Lively, White, from Chichester; Globe, ""014nt, horn Southampton; the American brig A.
4Amts nt, In,n.(iLlir, from Cowes, and has sailed spin for Bald-
A
,1140
filvtit the brig I' oruinn Momcg , from St.
'
end ael swith a cafe() of fruit for Petersburglt
the 44" and /Wiry, o‘,Vatis, from Cork, last
sott.
111 wit a cargo of provisioni for this

thawa nith
Ira
tmatilli, MAY 15,--41)h ev.poin
often g. apeared
off i,ere o o,rn-bd.Portugul,Cactiz, and M 4;
oein &el% from. port.imouth ; consisting of
About n() hail, and were joined from hence by the
11.T4 GeNe, liAiit and piiiunt, 'FOWLER, for
1- 1'41.4 i Podstow, liskssN, and Lucy, Cam',
lor N 14114 and S)c*. '
.8,ti1.11 about 20 trans orb for Lisbon, but the.
Wd f3iliirg they were. obliged to :jut back..
t Arrived yesterday the Lzprers packet, Captain.
bt''LLock, itt It, (tura from Cadiz, she brings. no
Vr'itutar Ilqws, btli coot-it-Ina the capture of. two.
,eliti) frigani and the destrtunion fit
;‘" two ormer, are carried into• Malta ; alien arrived
threeiot hers,
Nvll lutirii,oun
armed brig :with tires ..from
,16,. - a

: y'4 IBLSNN Or SCILLY" M4Y 14t—Ca
cru,ze, rne in is M-
Jest illop Fox4ound, CiPtain I'AR/4.111
h asfrum
It . .
'ellll4olln HaftwKir the kotth Experiment, T RE-
.4 Joy N .
1, is "a . 4.010 bound, on bet outward voyage to
_..vu,,n •
.

'("4ll)46tPrti, tlAy 7.--Arrive.l his 11,11jt:stY
"IP brorneriar9 and Lropard froth the Downs with
tha bSailtli the Goshawk on a 'Crnize, the Naiad for
Cart,c'wns, end the Thracian with a convoy for
Ureintedary hag coma int() herhonr.

41V1M1,..T
,411,11 L.
-.......:-.- ' •
ITANlscamt, MA,/ 3,--bi the .1/taria IllereurY, of
n'" 201 h Apr;l, there is in article importing, that
16
Lnalibh fleet which eortintonly tnake4 its al)Pear-
'Wet at this season of thehas already hue"
year,
hell i it is as follows :,
.
Ilet.'stNdatti APRIL "22.—Sweral private letters
+h, 'API. have been received 'here bring accounts' that a
larg E .
311.1- lightth &et, ain.ountitig, •it is said, to 25
' PI of the line, has, made Its appearance 011' Vin.
R 1
6 1.
-1'
44r flo`tcntturd It is remarked, that the
Adrnip.l, .
1 "'"" thip bears the great Swittlish flog, which
this •
me to various conjedures," . .
.. - •
this Joni-Old has been too hasty in. corriallnicating
ti't4t'lligettre i it is at pr sent entirely utlfutuld
111.4 It is probable the English -fleet will -arrive
i
I, lII,Yar al it hag dune several loaner ones, and 1
sf,,"'"te probable that it will -excite no kind of
.
cal: ark probable the contittental.troops, 'Pr,oPer 01ea"
la ~,„1,,e been .ttikn to Crust' at a the onjiia-: it has
tit,' -.."""tlit'ittllritig of coottaband. commonica-
I ti14.,,,i.1 her`lnt who engnge in. such specula-
litati„„-li.:' o.'tattdy endanger both their property and
(n ii,'" 1:!.1 by listening to the agents _ol the enemies
flee tc'et:lt.,mtillenl, anti gig credit to the abstt.rdt•
nay im tLy ;ire pi,ased to citculate. .
CR ", Amin. an.--On the ot') April four
thtliti'' were taken by one of the eneeny's cutters, on
to ii,„ 144440 19 Nur way, at obont one D4nisli Lyle
4,,..r. linithward of Cho Scow i and on the 21st of
1,41;s11,t1! itaillit cu, ter took a schooner, which Wl3
Km 1
likilorn e,4 ii. eutl'i to Fiall4trarl, ' Slit. chased the
' 1-
.1114 nu
At lid to k her aunt one Danish
ue so ' I,
ttlllf:i,,t,"6 tunwa'rda GI t°lle St:4w. The enemy
.4 the *We Of her ptitteitimo WinQ4

A

LAW B4roßr.

COURT-OF KING'S BENCH, MAY IY.
uRDETT V. tint SPtiltgEt.

The further 'arguinetit on the demurrer . in this
came 'cattle 'on to he heard this day.
Mr. Arreetter-Getreftete in reply to Mr. Het.-
AOYD, began by owing, that all that learning, deep
research, and ingenuity could do, had been done by
his Learned Friend Mr. Holroyd; and one very
considerable' advantage which lie derived from the
deleywhich had taken place since that argument,
was, that it would enable him. to compress into a
very small compass indeed, those topics which he,
had to urge in reply. In his apprehension, the
statement of the case alone put the whole question
out of Court. It was admitted that this was an
action
,of iiespase against the Right Hon. Charles
Abbott, as Speaker of the House at Commons, for
issuing the warrant under which the plaintiff was
imprisoned ; which warrant he was directed to is-
sue by the House, who had found the plaintiff
had been guilty of a contempt in publishing a defa-
matory libel on the House. This was, therefore,,
an action of trespass against an Officer of a Court of
Competent Juredittion, for obeying the orders or
that 'Court. How it' could ever be considered
that finch a person was liable to an adioe at trespass,
he could never conceive. It was a clear principle
of lee', that an Officer Obeying the orders of a Court
of Cempetent 'Jurisdiction, could never be guilty of
a trespass. It is could be doubted, Bushel's case,
i Modern, 1 19;and 184, was an authority in point.
Lord Hale had there teed !expressly, that no action
would lie against any 'Judi Officer ; and this IA as,so,
whether the judgment of the Court 'es correct or
erroneous. Was it ever heard that ,any 'action of
trespass was ever brought against an Officer, even
when the party had been discharged upon Habeas
Corpus ? And where a party was so discharged, was
not that in effect reversing the judgment of the
Court's cornmittingehe'petty ? It was in tad, say-
ing they had done wrong; and in reversing their
judgment, by dismissing. the pal ty.cortunitted, it was
in feet saying (hit their pelgenetit had ,been,erronee
ous ; but It did not follow that .the. Officer ivho
acted in command ofehis erroneous judgment was
liable to an edict) of trespass.. And he defied any
Lawyer to prodo e authority to show that where
a party was entitled to his discharge by k{abeas
Corpus, that there he was also enabled to maintain
,an action of trespass. Decisive as this anewer was,
lie should, perhaps, not satisfy .the-Com, and stop
shot( here. But he would shortly 'go intnan eta.
ruination of the doetrines of his Learned Friend, and
sites that: they did not apply to the question. He
should just shortly, advert to those propositions
which' he had estanlislied, and shave they del not
militate against the side which he supported. As
for inose propositions whice his Learned Friend lett
in air, he also should lease them there. • That the
House of Commons has a. right to conirnit for a carte
tempt,. is admitted universally; and it is equally
true tkmat they are sole judges of their privileges, and
their judgment cannot be, iropeat bed in any' 'other
Court. But it may be said, that they zwiy ace,ea-
pricionsly—they may chose to consider waiters, in-
eitierent in themselves, as breaches of priolege—.
they may
,commit a man tar wearing a'greert coate
or because. they do not like Ida lace. In answer' to
this, he had to say, it was not decent so to argue,
the question. It was not to be presumed, that those
to wheel the Constitution had trusted this power
would so abuse it. Put the case of a Court b 1 Law
If the question were, whether a certain party had
an; estate for life, or en estate in fee, and all the fuels
evesed an estate for life, the Court might determine
against the law, that it was an estate in fro.. No.,
thing could prevent the Court from so deter Mining,
it they were determined to do it against alt law;
but it was not to bb supposed in this case, any more,
than in the' case of the House of Commons, that
they would so abuse ,the power entrusted into thek
betide for goad and salutary purposes. He stated
this, right unquestionably,lo C
.xitit in the Hottse of
Commons; was there the man breathing, who had
even picked up all his knowledge from. Newspapers
and Coffee-houses, who would deny that the House
of Commons had a right to. commit for an insult
upon itself or, its proceedings? The thing was not
to be doubted, beeause it was denied by some; since
there were those malignant spirits in existeucte who
would deny the plainest ti wits, it the denial could
produce any serious mischief. The propositions
which he had stated were so clear, that.they were
universally admitted by all those, wis. bad advanced
far enough indite to cuter themselves as the stiehents
of the law, If he had to support them he' snort
only cite the case. of. the King u. Almon, where the
Judges (nest dist Maly laid them down : If the power
did not 'exist of punishing manseet intely for contempt,
but the remedy was what, on this ocerisitio, he.woula
,eallehe tardy operation at the• law, all the mischiefs
;would fellow, resulting from a ,want of power.to
command respect in courts, and they. and their dee
crees 'would fall into neglect, and cooiempt. .And
if this power existed. in the common and ordinary
Courts of Judicature, would any one deny,' that it
did not belong to time Hou•s: of Corm-imps, which
was, a Court df paramount .dignity ? Was that
Court less liable to insult than the Courts of Law,
so that it 'should be less proteded, or not have the
same guard thrown Taunt' it ? Had -the policy at
our, ancestors lefts ha tlis() Unprotected,? 'fuere was
not a text-writer, not an historian, not a lawyet;
who had not all diaanctly shown that tkey pos.
sewed dais power. Loict Coke had stated them
.to
be a House . of Judicature. The Reports and the
Journals lurnished a series of,. instances where they
had exercised this right. Having , thus shown their
right to exist iron) principles, irom authority, and
practice, what next remained for him to do
would examinsebrietly what was established by
Learned Friend. who certainly with great.- learning
and ingeouity,,had contrived to give his arghment 'a
most imposing appearance, as if it really affeded the
subject. He cited a great number of eases to sliew
that the Courts of Law took cognisance of the
privileges of Parliameet. True, they did, so he
aemilted they did so, and in, many cases they must
of peceeeity do so. But the proposition was not
general. In sortie cases they 'ten' jurisdiction, but
not itt all. Whetylver, the' privilege of Parliament
1, occurred incidentally or coliaterally, thou they of

necessity took eognizance- of it,. Add liere he
would cite. Belgian s cote, which had 'been relied
upon es.an authority against bins S there it was ex-
nressly said, that the Court tool:' incidentally ?My
cognizance. of the privilege of Parliarnetit; It had
else been argued, that the Court graniihg a Habeas
Cerpus must ae.e ,fit; cause of commitrhent, as 'the
committing Court sew. This certainly svia4 not so ;
and it was not.possibte that dialer's. in . Bushel's case
could be supported. In.answer to tisk he would c'te
Allingliam's case; whi; was.ecrmanitted, -as appeared
by the return -to the Habeas. Corpus, :by Cornice'.
lor Ellesmere, for ascopternet, io not obeying a de-
erste of the Court.of Chancery ; and the Courtheld
the grouhd of detainer sufficient,, though certainly
they did not see all the `circumstances which we're
seen by the Court. of Chancery when it made the
order of committal. The Learned Gentlemati*then
cited,a series of cases, Sir N. Throckinortoo's, the'
first vol. State Trials ; BrasS Creiby's ease ; Murray's
case; ttep! the King 0. Flower; and read the
judgment of the Court in all these cases, in whiCh
it was held that the eile'nreittel by the House of
Commons for a contempt, wai sufficient gieundef
detainer against the parties praying to be 'released.
He apprehended he had ndv adverttd to so much
of h a Learned Friend's arguments as bore upsu the
question. .What remained was only as to the mode
of executing the warrairt in tteakingopen the outer
deor. it. was
,foutril that the Serjeant proclaimed
aloud for what purpose he came. But, said. his
Learnea Friend, there is no instance of breaking
open an outer door, except where the King is a
party. lint thearue way of putting' the proposition
was,. Whether it was the assertion of a public 'or of
*a
private right. Though many of the cases use
words " Where the King is a party,"• yet in fact
it is, a question of- public or private wrongs,—
The law in ease of private wrong will not suffer the
outer door to be broken open.; but, in the vindica-
tion of a .public wrong it does. It was ao held by
Justice Cloaka in 13 Ed. IV. folof. It is su stated
• • •
by Dyer, by Foster; and, it is so held in. Sematne 6
case, as reported by Croke, who nays, the door can-
not be broken open, Unless in the Queen's'case; or
fur a contempt. If therefore *it can be done in the
case of e contempt committed against 6 Court' of
Law,, surely ahe 'House of Commons, which is a
superior Court,
.will not be 'degreded in its right
below a Court of ordinary jurisdiction: There was
also
.another case, Brigs's case, of which only a
short note appeared in the book's,' in whichjt is
stated, that in an• attachment for a contempt; the
Sheriff may bleak the outer door. It had been
suggested, that perhatis this Might he ftiunded on a
breach of the peace; but he had caused .diligerit in=
quiry to be made et the otfices; and he found that
this' attechment issued in a civil case. He had thus
referred to the opinions of the Judges of the Law,
corifirmed by a stream of atithorities ; and the-result;
be. trusted. was, that the Court would. think' there
ought to be judgmeut for the defendant. •
Mr. HOLROYD briefly replied to the several ob-
servation's .thade by . the •Attorney-Generat,
mahltairaing the prinCiPleit which he had. origi-
. Dully supported fotalre plaintiff -
Lord ELLEN.BOROUGH said, that it wat'eertainly
a matter althaether of great import, but peat at, tae
import was, at 'pot necessary .to constatnetter inure
•attne beyond this day upon at, If a &Attn. of Sny
kind retuained on, hisi mind upon the subject, a fur-
ther ilay would be rsllovied for the discussion ; but
in truth, Ills mind was eumpletely and clearly made
up thereon. This, said his Lordship, is an =ion of
trespass (here his• Lordship repeated the whole of
the proceedings as they appear in the pleadings), and
to the plea of justifica.ioe the plaimitldernurs ; and
the points that atise•for discussion, upon this demur-
rer are three ea-First; Whether Inc House of•Com-
mons': has :authority itr cases of breach of privilege to
commit. Secondly, whether havitig that authority,
it is . well executed.: And,. Thirdly, whether' the
*means used to exercise that authority are justifialale
by law, (in these' three st:veral points Iris Lord-
ship argued 'with his usual precision and corupre.
lienslon, and in a must eloquent and argurnetitative
style. He Observed,' that all that was urged -•in re-
speetto-Sir Orlando'Bridgman in a former al guMent,
rind all that was advancedlioncerning Thorpe's ease,
did not apply to this. 'The 49th of: Henry the. 3d,
gives the Parliament distant privileges, had before
that time even, mid down to the present day, this
right had been exercised. Their privileges ere in-
herent in the Legislature, and cannot be taken from,
Own.. He observed, that Ferrar's case, Compton
Dyer's ease, Wentworth's case and Hall's case, All
juirtitied the power in the Commons, But 'that
which, his Lordship contended, put it beyond
the reach of controversy, :which was the Statute of
the Ist of .fainerf I. chap. i a, which„ he maintained,
expresSly gave Parliametit the power, of comatittiag
for breach of their privileges. Lien Lout Holt,
laid it dawn in the case of 'Ashley' and White, as it
was also laid down by him in the case of the Qkieeu
and Paley. In Shaftesbury's case the likst doctrine
was held, and was not by Lawyers doubted, His
Lordship . then noticed tare several cases froth .the
orifeSt tittles dinVP. to the case .of. Aire King. and
Flewer, where, although the. Courts had rehised the'
writof Habeas Corpus to persons so coothitted,
yet abase parsons were never told by the. Court •so
,Committieg them, that though they were refused
their writ, .yet that they might brine their aralen.
for tire refusal; no one would ever expect such art,
absurdity. In this part of his observations, he no-
ticed the ease.of Brass Croaby, who, although coin-,
!flitted by the. Commons, and beMg refused laic writ,
of klabeas Ceatms„ never thought Or bringing an
action against any of the Judges who refriedliiin ;
sod he was refused, it . in all the Com to, The next
point then was, it, the, House liai the .power, has
it in this case been well exectaied ? • He. thought it,
tied. The warrant against Sir Francis was iO the
nature of an attachment for contempt ;, and, in ail
cases of attachment, the Officer executing it has. a
power to break the outer door, if rethsed admataneel
'ln short, in every, point, and every way in: which Le
bad considered the. subject, lie was of opinion that
the attion ‘could not be sustained, end teat thearlea
of the'defendatit was a good plea.
Mr.- Juluice GittiSE :and Mr.-Justicel BATLEY con-
curled ; Mr. Justice BAYLEY adding; that, in' the
case of 'the King v.• Paton, in whirb Lortliiolt dd.
turetl from. the rest of toe Judgesi its dicl hot deny

the ;VA of the tfourg or' Commons to coitmit fof
a contetnpt ; but they having stftted ta4t oti
face of their vro'rrant, which he thought did eu&
.-toloont to a contempt, he tip•rei ore thotalbt the per-
son• committed enti,ied to be dist.hirged.
Judgtnent tor ail defendant.