Burdett (Bart.), - Plaintiff (in Error); Abbot (Speaker, H. C.), - Defendant (in Error): and Burdett (Bart.), - Plaintiff (in Error); Colman (Sergeant at Arms), - Defendant (in Error)
| Jurisdiction | England & Wales |
| Judgment Date | 07 July 1817 |
| Date | 07 July 1817 |
| Court | Exchequer |
English Reports Citation: 3 E.R. 1289
IN ERROR FROM THE EXCHEQUER CHAMBER.
Burdett v. Abbot, Mews' Dig. i. 811, 908; v. 640; x. 272, 273; xii, 1178. S.C. in King's Bench, 14 East, i. (1811), in Ex. Ch. 4 Taun. 402 (1812. Considered in Stockdale v. Hansard, 1839, 9 Ad. & E. 129, 167, 185, 231; Bradlaugh v. Erskine, 1883, 47 L. T. 618, 620; Bradlaugh v. Gossett, 1884, 12 Q. B. D. 271; Howard v. Gossett, 1845, 10 Q. B. 359, 374, and, on the point as to breaking open the outer door, in Harvey v. Harvey, 1884, 26 Ch. D. 644. See also May Parl. Prac., 10th ed., 75; 8 How. St. Tr. 14. Burdett v. Colman, Mews' Dig. ix. 709 x. 273; xi. 445; xii. 1179. S.C. in K. B. 13 East, 27 (1810), 14 East, 163 (1811). Considered (arguendo) in Stockdale v. Hansard, 1839, 9 Ad. & E. at p. 74.
To an action of trespass against the Speaker of the House of Commons for forcibly, and with the assistance of armed soldiers, breaking into the
messuage of the-Plaintiff (the outer door being shut and fastened), and arresting him there, and taking him to the Tower of London, and imprisoning there: it is a legal justification to plead that a Parliament was held which was sitting during the period of the trespasses complained of: that the Plaintiff was a member of the House of Commons: and that the House having resolved, "that a certain letter, etc. in Cobbett's Weekly Register, "was a libellous and scandalous paper, reflecting on the just rights and "privileges of the House, and that the Plaintiff, who had admitted that the "said letter, etc. was printed by his authority, had been thereby guilty of a "breach of the privileges of that House;" and having ordered that, for his said offence, he should be committed to the Tower, and that the Speaker should issue his warrant accordingly; the Defendant as Speaker, in execution of the said order, issued his warrant to the Serjeant at Arms, to whom the execution of such warrant belonged, to arrest the Plaintiff, and to commit him to the custody of the Lieutenant of the Tower: and issued another warrant to the Lieutenant of the Tower to receive and detain the Plaintiff in custody during the pleasure of the House; by virtue of which first warrant the Serjeant at Arms went to the messuage of the Plaintiff, where he then was, to execute it; and because the outer door was fastened, and he could not enter, after audible notification of his purpose and demand made of admission, he, [166] by the assistance of the said soldiers, broke and entered the Plaintiff's messuage, and arrested and conveyed him to the Tower, where he was received and detained in custody under the other warrant by the Lieutenant of the Tower.
And to a similar action against the Serjeant at Arms, a similar plea, with variations, however, adapted to his situation, is a legal justification.-(Vid. 14 East, 163.)
The Lord Chancellor considering it as clear in law that the House of Commons: have the power of committing for contempt, and that this was a commitment for contempt.-(Lord Erskine concurring.)
[165] ENGLAND. IN ERROR FROM THE EXCHEQUER CHAMBER. burdett (Bart.),-Plaintiff (in Error) ; abbot (Speaker, H. C.),-Defendant (in Error): and burdett (Bart.),-Plaintiff (in Error); colman (Sergeant at Arms),-Defendant (in Error) [July 2, 7, 1817]. [Burdett v. Abbot, Mews' Dig. i. 811, 908 ; v. 640; x. 272, 273; xii, 1178. S.C. in King's Bench, 14 East, i. (1811), in Ex. Ch. 4 Taun. 402 (1812). Considered in Stockdale v. Hansard, 1839, 9 Ad. & E. 129, 167, 185, 231; Bradlaugh v. Erskine, 1883, 47 L. T. 618, 620; Bradlaugh v. Gossett, 1884, 12 Q. B. D. 271 ; Howard v. Gossett, 1845, 10 Q. B. 359, 374, and, on the point as'to breaking open the outer door, in Harvey v. Harvey, 1884, 26 Ch. D. 644. See also May Parl. Prac., 10th ed., 75; 8 How. St. Tr. 14. Burdett v. Colman, Mews' Dig. ix.j;709 x. 273 ; xi. 445 ; xii. 1179. S.C. in K. B. 13 East, 27 (1810), 14 East, 163 (1811). Considered (arguendo) in Stockdale v. Hansard, 1839, 9 Ad. & E. at p. 74.] [To an action of trespass against the Speaker of the House of Commons for forcibly, and with the assistance of armed soldiers, breaking into the messuage of the -Plaintiff (the outer door being shut and fastened), and H.L. in. 1289 57* V DOW. BURDETT V. ABBOT-BURDETT V. COLMAN [1817] arresting him there, and taking him to the Tower of London, and imprisoning there : it is a legal justification to plead that a Parliament was held which was sitting during the period of the trespasses complained of : that the Plaintiff was a member of the House of Commons : and that the House having resolved, " that a certain letter, etc. in Cobbett's Weekly Register, " was a libellous and scandalous paper, reflecting on the just rights and " privileges of the House, and that the Plaintiff, who had admitted that the " said letter, etc. was printed by his authority, had been thereby guilty of a " breach of the privileges of that House;" and having ordered that, for his said offence, he should be committed to the Tower, and that the Speaker should issue his warrant accordingly; the Defendant as Speaker, in execution of the said order, issued his warrant to the Serjeant at Arms, to whom the execution of such warrant belonged, to arrest the Plaintiff, and to commit him to the custody of the Lieutenant of the Tower : and issued another warrant to the Lieutenant of the Tower to receive and detain the Plaintiff in custody during the pleasure of the House; by virtue of which first warrant the Serjeant at Arms went to the messuage of the Plaintiff, where he then was, to execute it; and because the outer door was fastened, and he could not enter, after audible notification of his purpose and demand made of admission, he, [166] by the assistance of the said soldiers, broke and entered the Plaintiff's messuage, and arrested and conveyed him to the Tower, where he was received and detained in custody under the other warrant by the Lieutenant of the Tower.] [And to a similar action against the Serjeant at Arms, a similar plea, with variations, however, adapted to his situation, is a legal justification.-(Vid. 14 East, 163.)] [The Lord Chancellor considering it as clear in law that the House of Commons : have the power of committing for contempt, and that this was a commitment for contempt.-(Lord Erskine concurring.)] FIRST CAUSE. This was an action of trespass by Sir F. Burdett against the Speaker of the Commons. The declaration was as follows. Sir Francis Burdett complains of the Eight Honourable Charles Abbot (having privilege of Parliament) of a plea of trespass; for that the said Charles heretofore, to wit on the 6th April, 1810, and on divers other days and times between that day and the day of exhibiting this bill, with force and arms, etc. broke and entered a certain messuage of the said Sir Francis, situate in the parish of St. George, Hanover-square, in the county of Middlesex; and on one of those days, to wit on the 9th of April, in the year aforesaid (the outer door of the said messuage being then, and there shut, and fastened), with divers soldiers, and men armed with offensive weapons, forcibly, and with strong hands, broke open a certain window, and two window-shutters of and belonging to the said messuage of the said Sir Francis, and through the same broke [167] into and entered the said messuage, and made a great noise, disturbance, and affray, in the said messuage : and with force and arms made an assault on the said Sir Francis, and laid hands upon him, and forced and compelled him to go from and out of his said messuage, into a certain .public street there, and also then and there forced and obliged him to go into a certain coach, in, and through, and along divers other public streets and highways to a certain prison, called the Tower of London, and there imprisoned the said Sir Francis, and kept and detained him in prison there, without any reasonable or probable cause whatsoever for a long space of time, to wit from thence hitherto ; contrary to the laws -of this realm, and against the will of the said Sir Francis: whereby, he, the said Sir Francis, during all the time aforesaid was, and still is hindered from transacting his lawful affairs, :etc. to wit at the parish aforesaid and county aforesaid. And.also for that the said Charles heretofore, to wit on the day and year last aforesaid, with force, and arms, etc. made another assault upon the said Sir Francis, to wit at the parish, etc. and then and there seized and laid hold of the said Sir Francis with violence, and forced and compelled him to go in, through, and along, divers public streets to a certain prison, called the Tower of London, and then and there imprisoned 1290 BURDETT V. ABBOT-BT7RDETT V. COLMAN [1817] V DOW. the said Sir Francis, and kept and detained him in prison there without any reasonable or probable cause whatsoever, for a long space of time, to wit from thence hitherto ; contrary to the laws of this realm, and against the will of the said Sir Francis, whereby, etc. And also for that the said Charles heretofore, to wit on [168] the day and year last aforesaid, with force and arms, etc. made another assault upon the said Sir Francis, to wit at the parish aforesaid, etc. and then and there imprisoned the said Sir Francis, and kept and detained him in prison there, without any reasonable or probable cause whatsoever, for a long time, to wit from thence hitherto ; contrary to the laws of this realm, and against the will of the said Sir Francis. There was a fourth count for a common assault. The Defendant pleaded, first, not guilty, to the whole trespasses charged. And secondly, he justified the breaking and entering of the Plaintiffs house by the proper officer (whilst the outer door was shut and fastened), for the purpose of arresting and imprisoning the...
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