The pageant of Parliament, vol. 1 of 2MacDonagh, Michael
History
The pageant of Parliament, vol. 1 of 2
MacDonagh, Michael
Great Britain. Parliament
But to see the Serjeant-at-Arms in all his glory one must have the
good fortune to be present on one of those rare occasions when some
outside violator of the privileges of the House is brought to the Bar
for judgment. Parliament can itself redress its wrongs and vindicate
its privileges. It acknowledges no higher authority. It has the
power summarily to punish disobedience of its orders and mandates,
indignities offered to its proceedings, assaults upon the persons or
reflections upon the characters of its Members, or interference with
its officers in the discharge of their duties. The Serjeant-at-Arms
can arrest, under the warrant of the Speaker issued by order of the
House, any person anywhere within the limits of the kingdom. In the
execution of the warrant he can call on the aid of the civil power.
If he thinks it necessary, he can even summon the military to his
assistance. He can break into a private residence between sunrise and
sunset, if he has reason to suspect that the person he is in search
of is inside.
The most famous case of house-breaking in execution of a warrant
of the Commons was the forcible entrance into the residence of Sir
Francis Burdett, in Piccadilly, by the Serjeant-at-Arms, supported
by police and military, and the arrest of the Radical Member for
Westminster and his commitment to the Tower. Burdett was pronounced
guilty of a breach of privilege in April 1810 by declaring in a
letter to his constituents that the Commons had exceeded their
powers in sending to prison John Gale Jones, the revolutionary
orator, and an order for his commitment to the Tower was carried by a
Majority of 38—190 against 152. Burdett barricaded his house against
the Serjeant-at-Arms. An entrance was effected by climbing the area
railings and breaking open the area door. The Serjeant-at-Arms found
Burdett in the drawing-room upstairs. “Sir,” said Burdett, “do you
demand me in the name of the King? In that case I am prepared to
obey.” “No, sir,” replied the Serjeant-at-Arms, “I demand you in
the name and by the authority of the Commons of England.” Burdett
protested that the law of the land was being violated, but he was
carried off and lodged in the Tower. An action which he afterwards
brought against the Speaker for false imprisonment failed on
the ground that the Commons are the supreme guardian of its own
privileges and upholder of its authority. Neither does any suit lie
against the Serjeant-at-Arms. Arising out of proceedings brought in
1884 by Charles Bradlaugh for assault against the Serjeant-at-Arms
in having him removed by force from the House of Commons, Lord Chief
Justice Coleridge laid it down that the Serjeant-at-Arms was not
liable for damages in the execution of his duty, and that the court
had no jurisdiction over him.
3
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account