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1 Minutes of the Proceedings Respecting the Execution of the Warrant for the Commitment of Sir Francis Burdett, Bart 1810

handle is hein.trials/aadv0001 and id is 1 raw text is: MINUT ES of EVIDENCE before the O USE of COM O1101NS. SIR FRANCIS flURfDETT's APREST. QuERY.-The Serjeant at Arms attending the House of Com- mons, having in the 'execution of the 7Varrant been resisted, and turned out of Sir Francis Burdett's private dwelling-house by force, Your opinion is desired, whether in the excecution of this warrant be will be justified in breakin- open the outer or any inner door of tfie private dvvelling-house of Sir Francis Burdett, or o! any other person of which there is reason- able cause to suspect he is cenccaled, for the purpose of apprehending him ; and whether be may take to his aisist. ance sufficient civil or military force for that purpose, sch force acting under the direction of a Civil lagktrate. And whether such proceedings will be justifiable during the night as well a, in the daytlime ? OpiNioN.- No instance is stated to me, and I presume that one is to be found, in whici- lhe outer door of a house has been broken open under the Speakcr's warrant for the purpos'e of apprehe.nding theperson against a ,iham such warrant is d then being therein. 1 must, therefore, form mny opinion alteojethcr upon cases which have arisen upon 'e e.'ecution of ri ts o r warrants isuing from other Courts, i which seem to fran within the same principle. I find it laid down in Semaynes case, 5 Co. 91, that wlere the King is a party, the Sherilfay break open tlic dlefendant's house, either to arrest him or to do other execution of the King's process; if otherwise, he cannot enter. So if the de- tendant be in the house of another man, the Sherifmay do the same; btt lie cannot break into the house of the defeidaut in tie execution of any ptrocess at the suit of an individual.- Tiis distinction pr6ceeds, as I apprehend, upon the greater importance of enforciing the process of the Crown for the pmblic benefit, than that of individuals for the support of their private rights. Reasoning from hence, I siouid think that the Speaker's warrant, ssh.lch had been issued to ap- preltend a manl, tnder sentence of commitment for a lireach of the 'rivileges of theI House of Commons, might lie exe- cuted in the same manner with criminal process in the name of the Kivg, inasmuch as those Privileges were given to the 1-ouse of Commons for the benefit of the Public only ; and the Public are interested in the due su pport of them. If the act had been done, and I were asked whether it could be defended I should say that it could ; but where it is previously kno n that the execution of the warrant will be resisted by force, and if death shouldensue in such a conflict, the otficer vho exectes the warrant would stand justified, or not as the breaking of the house may bse held lawful or unlaw ful, I feel myselfobliged to bring thifs under his notice, leaving him to Juige for himself whether he will venture to act upon moyopinion, which has n, direct authority in oint to support it, but rests upon retsoning from other eases, which appear to me to fall within thesamne prin- ciple. Shculd the officer resolve to break into the house, if it be .found necessary, he must be careful, first, to signify the cause of his coming, and make reqiest to open the doors, and lint use ny force nti it alspears that those within willit comply; and he should be assured the party whainhe seeks to apprehend is within the house., For the purpose of executing the warrant, he may take with him a sufficient force of such'description as he nature of the case renders necessary. If lie has reason to apprehend a degree of resistance, which can only be repelled by a military force, he may take such force with him; but in this it will ie prudent to take with him a Civil M\Jagistrate. I do not think it advisable to execute the warrant in the night. ,The officer should understand, that when Sir Francis Enr- dett ha, once been arrested, if he afterwards effects his escape or is rescued, his own hoase, or the house of ony other person into which lie retreats, may be broken for the purpose of re- taking hin. Lincoln's In, April 8, V. GIB13S.

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