stood, that the messenger, to whom the warrant was directed for apprehending Miller, was taken up by a constable, and charged with an assault; that he therefore desired to know, if the messenger had been brought before him. That the lord mayor said, he had been told, that a person, who was called a messenger of the House of Commons, had been brought there, and charged with an assault. That he (Clementson) waited in an anti-room till six o'clock. That the messenger then came, and Miller and a constable (John Downe) and a large concourse of people. Then they went in to the lord mayor; alderman Wilkes and alderman Oliver were there with him. The lord mayor asked, what was the purpose of their coming thither? Miller said, he charged Whittam, the messenger, with an assault: on this, Mr. Robert Morris appeared, and said, he was counsel for Miller the prosecutor. He said, that Miller had been violently assaulted, and falsely imprisoned, by an illegal warrant. Downe, the constable (who was asked for by the lord mayor) said, Miller had applied to him, about one or two o'clock, and had complained of an assault on him, in his own house, by the messenger, and charged him to take the messenger into custody; he therefore took him into custody, in order to carry him before a proper magistrate. "Miller was then called upon; who said, that a person who called himself a messenger of the House of Commons came to him, and took him into custody, by virtue of a pretended warrant. That Miller was then sworn by the lord mayor, and said upon his oath, that what he had before said was true: he went on, and said, he had refused to go with the person. That the person had used violence, and had seized hold of him, and was pulling him along. That the lord mayor asked the messenger, what offence Miller had committed, or what authority he had for assaulting Miller in this manner? The messenger said, he had the Speaker's warrant, directed to him, to take Miller into custody: the lord mayor asked where the warrant was? That he (Clementson) told Whittam to open it, and read it himself. That the lord mayor or Mr. Morris, (he can't say which) said it must be produced. . That he (Clementson) objected to it for some time; but the lord mayor saying it could not be taken notice of, if not produced, he delivered it to the lord mayor, on his promising to deliver it back to him; that he waited till this time, to see the nature of the assault charged on Whittam; and finding that it was for executing the warrant for taking Miller into custody, he then told the lord mayor, that he appeared before him as deputy Serjeant at Arms of the House of Commons; that he came there by the Speaker's directions, and had his commands to demand not only Whittam the messenger, but likewise Miller his prisoner; and he made that demand in the most solemn manner he was able.-That Mr. Morris, on this, desired he (Clementson) might be sworn as an evidence: but he (Clementson) de clared he would not be sworn, and said, He did not come as an evidence, but as an officer of the House of Commons, to execute the commands given him by the Speaker. The lord mayor said he could not take notice of any thing, in his magisterial capacity, that was not given upon oath.-That he was then asked by Morris, if he refused to be examined to any of the facts or circumstances within his know. ledge?-That he doubted at first what answer to give to that; but, on recollec tion, he said, if there was the least doubt either of the warrant being signed by the Speaker, or of his (Clementson's) having the Speaker's commands to demand Whit tam the messenger and Miller his pri soner, he was ready to be sworn to the truth of those matters, but would not be sworn generally.-Finding that to be his resolution, Mr. Morris declined swearing him as to those matters; but he (Clementson) again repeated, that if there was any doubt as to those matters, he was ready to swear to them. "That the lord mayor asked Whittam, if he was a peace officer or a constable? he said, he was not :-if he had ap plied to any city magistrate to back his warrant? he said, he had not:-upon this, the lord mayor declared, that it was very extraordinary for any citizen to be taken up in the city of London, without the knowledge or authority of the lord, mayor, or some other magistrate of the city; and that, if this was permitted to be the case, it would be trampling laws, and there would be an end of the constitution of this country. on the "Then Miller was examined, as to his being a liveryman of the city of London.-The lord mayor said, it was his opinion, that no warrant, but from him or some other magistrate of the city, was good and valid to take up any citizen; that he thought himself bound, so long as he held the great office of chief magistrate of the city of London, to take notice of a proceeding of this sort; and that it was his duty to defend the citizens, and their rights and liberties, to the last extremity. -He said, he was of opinion, the messenger had no right to take up Miller, who was a citizen not being charged with any felony, trespass, or breach of the peace. "That Mr. Morris then took four objections to the warrant; 1. That the words House of Commons' was not a sufficient description of the power which had passed the vote-that it should have been," the House of Commons in parliament assembled.' 2. That' J. Miller' was no sufficient description of the person. 3. That the offence was not inserted; and therefore that it was illegal, and without colour of law. 4. That it did not appear, that Fletcher Norton, Speaker,' who signed the warrant, was the sir Fletcher Norton, who is Speaker of the House of Commons. "That the lord mayor asked Whittam, Whether he intended to carry Miller away as his prisoner? Whittam said, he did. The lord mayor then said, he thought the warrant was illegal; and therefore he discharged Miller out of the custody of the messenger; and said at the same time, This citizen comes here to claim a citizen's protection of me, and I think he is entitled him for the assault and false imprisonment, himself in forty pounds, and two securities in twenty pounds each; and that Miller was to be bound to appear and make out the charge. Mr. Morris, and many others present, were ready to be bail for Whittam; that Whittam was very much frightened, and was ready to offer bail; but he (Clementson) insisted he should not give bail. -The lord mayor desired it might be noticed, that bail was offered, but not accepted by Whittam. 66 Then the lord mayor directed a warrant to be made out; and the person who had these directions he saw fill up what he supposed was the warrant; and the lord mayor declared, it was a warrant for committing Whittam to the Compter.-That he saw the lord mayor sign that paper. On this, Mr. Morris desired the other two aldermen might sign the warrant, as well as his lordship, else it might be supposed, that they did not concur in opinion with his lordship.-The lord mayor said, he did not desire any body else to sign it, though the two aldermen declared themselves ready to do it; and he particularly said to alderman Wilkes, I think you have enough upon your hands already.'-The warrant however was directed to be altered by the clerk into the plural number; and he saw that paper signed by the other two aldermen Wilkes and Oliver. That he asked the lord mayor if it was signed by them all; and he said, it was; and directions were given by the lord mayor "That then the lord mayor proceeded and Mr. Wilkes to the constable, that he on the assault. Miller proved that Whit- (Whittam) might be used kindly in pritam had laid hold of his arm and pulled son. That just before they were going him; and that about five minutes after-to take him away, he thought that, this wards the constable came. After this, three persons were produced to prove the assault: Henry Page of Newgate-street, printer; John Topping, of the Old Bailey, printer; Robert Page, of Newgate-street, printer. They proved, That Whittam laid hold of Miller's arm and said, he was his prisoner; and that Miller said, he should not go, or did not chuse to go. That Whittam said, you must go; and Miller said, he should not; and then Whittam charged every body present to assist him. After this, the constable was brought; and the constable charged all present to assist him. to it. "That the lord mayor, on this, gave it as his opinion, that the assault was fully proved and that Whittam must give security to appear at the next session for the city of London, to answer such indictments as should be then found against [VOL. XVII.] being a commitment, he had gone far enough; and then he offered bail.-That the lord mayor grew warm at this, and said, that he found that this proceeding meant to exaggerate the offence, or business, or the proceeding; he could not recollect exactly the word he made use of. "That, after this was done, he came back immediately to the Speaker; and upon his relating what had happened, he desired him to go back and try to get a copy of the warrant of commitment.-The lord mayor said, he could not tell where to find it then, every body being gone away; but that if it was not destroyed, being now of no use, he should have a copy; but that I knew he had signed it alone first, and that afterwards alderman Wilkes and alderman Oliver desired to sign it too; and that he and alderman [0] Wheble was not at home, but said, he had delivered the message he had left with him, and that his master said, he was very sorry he was obliged to go out, and he left no word when he would be at home. That he called again at eleven o'clock, and he was not at home; but was answered, he might be in, in half an hour. That he went again on Saturday at ten o'clock, and the apprentice said, he was not at home, but would be in the afternoon; and said it with a smile, as if laughing at my frequent calling; and said, if he would Oliver should, in their places in the House of Commons, admit their having signed such a warrant; but that he should have a copy of it in the morning if it could be found. That he applied again on Saturday morning to the lord mayor for a copy of the warrant; he said, he could not yet find it; that some of them had taken it away, and he knew not where it was, but that, if it could be found, Whittam should have a copy of it; that it did not signify, for that he did not mean to deny what had been done, or make use of any subterfuge; and that this was all that he (Cle-leave word where he might be found, we mentson) had done. That he did not go to execute the warrant himself; and that it was not sealed." And he further added this circumstance, "That he recollects, when the lord mayor had signed the mittimus, and he the deputy serjeant had offered bail, the lord mayor grew warm, and made use of some expression, that he should not take bail then, or words to that purpose; saying, that this proceeding meant to exaggerate the offence, or words to that effect; but he soon afterwards said, he must take bail. "That he endeavoured to serve the order of the House on J. Wheble; and went on Thursday the 28th February, to his (Wheble's) shop, and enquired for him, and the servant said, he was not at home, but would be in an hour's time; that he called again, and received the same answer; that he called again, and was answered by a lad in the shop, who said he was an apprentice, that he was not at home, being gone to the other end of the town; and that his master had waited all the day before, expecting him. That he (Clementson) then said, that he would call again in an hour, and bid him tell his master.That he did so; and was told, he (Wheble) had been in, and was gone out again; but if he would let him know where he (Clementson) might be found, he would wait on him. That he went to a coffee-house, and waited; then called again, and was told, Wheble was expected to dinner at three o'clock.-That he called at half an hour past three, and was told Wheble was not at home, but would be soon. That he called again at four and five o'clock, and received the same answers. That he left word, he was the deputy serjeant at arms, and would be there again at half an hour past nine in the morning; which he accordingly was, and was told by the same person, that will send you word when he is at leisure.That he (Clementson) said, he would be there at seven o'clock, which he accordingly was, but was told, he (Wheble) was not at home, and had sent for his linen, and therefore was not expected till Monday. "That he did not go to Thompson till Friday the first of March, because there were two R. Thompsons, one Richard, the other Robert. That he found, at the Stamp-office, that Thompson had been summoned before the commissioners to give security, and said his name was Robert: that he sent a messenger to enquire in the neighbourhood, and found there was but one: that he went to Thompson's house, and was told by a man he was not at home, nor could tell when he would be, or whether he was in town; that he had seen him two or three days before; that nobody knew more about Thompson than himself, and if he (Cle mentson) would leave a message, he would deliver it: that Williams the messenger then said, you know our business; to which he made no answer: that he went again at eleven o'clock; and the servant said, Thompson was not at home; for he had not seen him, and nobody knew better than he; and said, that if he (Clementson) had business with Thomp son, it was usually left with him first, and that no time was more likely to meet with him than that day or to-morrow. "That he (Clementson) went again on Saturday; and the same person told him Thompson was not at home, but would be in half an hour, but had no reason for thinking so: that he went twice afterwards and he was not at home, nor had been, and that he did not know when he would be that he (Clementson) said, then he will not see me; and received for answer, he could not tell.” And he farther said, "That there had been one more attempt since, to execute the warrants on Wheble and Thompson; | House;" and, in order to form their judg. that Mr. Speaker had made an alteration ment upon that matter, they have made a in the direction of the warrants, by insert- diligent search in the Journals, to see what ing the name of Wood the messenger; the proceedings of the House have been that Wood took the warrant, and he on similar occasions, or, if no cases strictly (Clementson) followed after, to endeavour analogous should occur, at least to deto find Wheble and Thompson; that he duce, from the general practice of the (Clementson) waited at a coffee-house in House, such principles of parliamentary Wheble's neighbourhood; that Wood law as might be applicable to the present went and endeavoured to find them, but matter referred to their consideration. without effect." Your Committee then proceeded to examine Charles Williams, the messenger; who said, "he attended the serjeant, in endeavouring to serve the warrants on Wheble and Thompson, on Thursday the 28th day of February: that he went six or seven times to Wheble's house; that he did not find him at home, but was told he would be at home soon. That he went to Thompson's several times, and received the same sort of answers; that the business they came upon was known at both places; and that he had read Mr. Clementson's minutes at the time, which he found were right." The Committee then proceeded to examine Guy Wood, the messenger; who said, "He had the Speaker's warrant, about the tenth or eleventh of March, to arrest Thompson and Wheble; that he received it from the deputy serjeant; that his (Wood's) name was inserted in the warrant; that he went with one Mr. Lee to Thompson's house; that Lee went in and enquired for Thompson; that they had agreed, that if Lee staid above a minute, he (Wood) was to come in after him; but Lee, not finding him at home, came out immediately. That they went from thence to Wheble's, and proceeded in the same manner. Lee went in, and was told Wheble was gone into the country: they then went to the Green Dragon in Fleetstreet, where Wheble's evening papers are delivered, and stayed some time, to try if they could see him come after his papers, or about his business, but could see nothing of him; that they have made several enquiries since, and can hear nothing of him." And in this place the Committee beg leave to observe, that it appears to them that this House has, from the earliest times, asserted and exercised the power and authority of summoning before them any commoner, and of compelling his attendance; and that this power and autho rity has ever extended as well to the city of London, without exception on account of charters from the crown, or any pretence of separate jurisdiction (instances of which appear in the cases referred to in the margin)* as to every other part of the realm. And that the House have ever considered every branch of the civil authority of this government as bound (when required) to be aiding and assisting to carry into execution the warrants and orders of this House. In order to lay before the House the result of their enquiry with tolerable brevity, and some degree of method, the committee have reduced under three general heads the obstructions which have been given at different times to the orders of the House, and under each of these heads have ranged the different modes in which these breaches of privileges and contempts have been offered; and then submit to the consideration of the House * Ferrers' case, in Crompton, fo. 9 & 10.Stanman, 6 E. 6. 1st vol. p. 18.-Boswell, 2 and 3 P. and M. 1555.-Nov. 20, 1st vol. p. 44.-Corbet, 5 and 6 P. and M. 1557, Nov. 10, 1st vol. p. 51.-Six servants of sir H. Jones, 10 Feb. 1562, 1st vol. p. 65.-Wm. Jones, 29 Oct. 8 Eliz. 1566, 1st vol. p. 75.-Sir J. Shirley, March 22, 1608, 1st vol. p. 169.-Sterling, 1666, vol. 8, p. 335.-4 June 1675, vol. 9, p. 354, "It is not against the king's dignity Your Committee having thus stated the for the House of Commons to punish, by imevidence of the facts and circumstances prisonment, a commoner that is guilty of viorelative to the late obstructions to the exe-lating their privileges, that being according to cution of the orders of this House, as it appeared before them, proceeded to the other part of what was given them in charge; namely," to consider what further proceedings may be requisite to enforce a due obedience to the orders of the the known laws and custom of parliament, and the right of their privileges, declared by the and by himself in this."-1 April 1697, vol. 11, king's royal predecessors in former parliaments, p. 765, John Salusbury.-3 Jan. 1703, vol. 14, p. 269, Tutchin, How, and Brag.-27 May 1721, vol. 19, p. 562, Mist. the several methods of proceeding which the House hath opposed to these offences, the proofs of which proceedings appear by cases referred to in the margin of this Report. The three general heads of breaches of privilege and contempts of this House are, namely, those arising from, First, Evasion. Secondly, Force. Thirdly, Colour of law. Offences under the first and second of these heads have been committed-by the| absconding of the parties summoned-by open resistance to the officers of the House-and by riots and tumults-by the refusal of civil officers to assist the serjeants or messengers of this House, or to release persons entitled to the privilege of this House when detained in their custody. It appears also to your Committee, as well from searching the Journals of this House, as from other authentic evidence, that, in order to remedy the abuses, and to remove the obstructions above recited, this House has proceeded to support their privileges, and to enforce the execution of their orders, by the following methods; namely, 1. By addressing the crown to issue proclamations for apprehending those persons who thus stood in contempt of the House.* 2. By renewing their orders against such persons, and committing them in a subsequent session of parliament.+ 3. By orders to mayors, bailiffs, and sheriffs, to assist the serjeant or messenger for the apprehending of such persons; or to the serjeant of this House, to call on the sheriffs of Middlesex, and the sheriffs of other counties, and all other magistrates and persons, for their assistance.* 4. By committing, for breach of privilege of this House, those officers of the peace who have refused their assistance to the serjeant of this House when so called on.t 5. By imprisoning those who refused to release persons entitled to the privi lege of this House, and by increasing the severity of their restraint, according to the nature of the offence, and in consequence of the contumacy of the of fender.‡ With regard to the third head-namely, breaches of privilege, and contempts of this House, under colour and pretence of law; it appears to your Committee, that the same have been attempted, by discharging out of custody persons who have been committed by order of the House: By impleading, in the courts of justice, persons entitled to the privilege of this House, in the cases there brought in question. By prosecutions, before the said courts, for words or actions spoken or done under the protection of this House. By accusations, tending to call in question, before the said courts, words or actions so spoken or done, under false or pretended denominations of offences, not entitled to the privilege of this House. It appears also to your Committee, in searching the Journals, that in the above recited instances this House has proceeded, * Sir Giles Mompesson, 28 Feb. and 3 March 1620, vol: 1, p. 537.-Windebank, Dec. 10, 1640, vol. 2, p. 48.-Sir Basil Brook, April 24, 1641, vol. 2, p. 127.-Sir John Lloyd, &c. Jan. 8, 1680, vol. 9, p. 702.-Brent, Feb. 22, 1688. vol. 10, p. 32.-Sir Adam Blair, June 15, 1689, vol. 10, p. 182.-Standish, March 12, 1694, vol. 11, p. 266.-Mackenzie, vol. 11, p. 486, -Grascomb, Nov. 30, 1696, vol. 11, p. 602.- 1. By taking again into custody persons Soranzie, April 11, 1700, vel. 13, p. 321-discharged without order of the House.§ Jeffreys, Addy, and Clifton, March 25 and 26, 1701, vol. 13, p. 427, 436, 437.-Colepeper and others, March 28, April 2, 1702, vol. 13, p. 826.-Tutchin, &c. printers, Feb. 14, 1703, vol. 14, p. 336.-Rioters, in Sacheverel's case, March 20, 4th, and 6th, 1709, vol. 16, p. 343, 346.-Rebels, 4 and 6 Feb. 1715, vol. 18, p.368. -Wilkinson, 9 June and 4 July 1721, vol. 19, p. 585.-Leverland, 6 March 1746, vol. 25, p. 313.-A. Murray, 26 Nov. 1751, vol. 26, p. 309.-Reynolds, 11, 12, 15, 16, and 18th Feb. 1768, vol. 31, p. 603, 606, 610, 612, 618. Harvey and Martin, 22 April 1713, 17th vol. p. 298.-Inglefield, 29 Jan. 1725, 20th vol. p. 549.-Phillips and Barnes, 22 Jan. 1733, 22d vol. p. 210.-A. Murray, as above. * Ratcliff, 14 Nov. 1640, vol. 2, p. 29.-Sir Basil Brook, Jan. 11 and 25, 1641, vol. 2, p. 371-Nabbs and Thompson, 21 Dec. 1660, vol. 8, p. 222.-Dudley, 24 Jan. 1670, vol. 9, p. 193.-Topham, 4 June 1675, P. M. vol. 9, p. 353. + Hastings and Crook, 19 May 1675, vol. 9, p. 341.-Topham, as above.-Blythe, 7 April 1679, vol. 9, p. 587.—Owen, 28 March 1702, vol. 13, p. 826. ‡ Ferrers.-Sir T. Shirley and Stirling, as above. § Pemberton and others, 2 June 1675, vol. 9, p. 351.-Duncomb, March 22, 1697, vol. 12, p. 174; when the House resolved, That no |