The Standard Library Cyclopaedia of Political, Constitutional, Statistical and Forensic Knowledge, Vol. 4 of 4 (Classic Reprint)
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Excerpt from The Standard Library Cyclopaedia of Political, Constitutional, Statistical and Forensic Knowledge, Vol. 4 of 4 In eaking of this proceeding, Lord Ellenborough expressed his surprise that a judge should have been questioned for having given a judgment which no other judge who ever sat in his place could have differed from. In the case of Ashby and White so often referred to, the commons declared that whoever shall presume to commence any action, and all attorneys, solicitors, counsellors, and serjeants-at-law soliciting, prosecuting, or pleading in any case, are guilty of a high breach of the privileges of this house. The effect of this resolution, if obeyed, would be to prevent the courts from coming to any decision at all upon matters of privilege, as an action would be stopped at its commencement; but the principle has not been adhered to. When Sir Francis Burdett brought actions against the Speaker and the serjeant-at-arms, in 1810, for taking him to the Tower in obedience to the orders of the House of Commons, they were directed to plead, and the attorney-general received instructions to defend them. A committee at the same time reported a resolution that the bringing these actions for acts done in obedience to the orders of the house is a breach of privilege, but it was not adopted by the house. The actions proceeded in the vgular conree, and the Court of Kings Bench sustained and vindicated the auliority of the house. It has been already said that Stockdales first action was brought when parliament was not sitting. Having no specific directions from the house, Messrs. Hansard pleaded to the action. On the general issue they proved the ordei-s of the house, which were held to be no protection, but had judgment upon a plea which would have availed them equally had they printed the report complained of on their own account. Notwithstanding its resolutions, the house, on being acquainted with this action, instead of acting upon them when a second was commenced, reverted to the precedent of 1810, and directed Messrs. Hansard to plead, and the attorney-general to defend them. In this case nothing but the privileges of tlie House of ComVOL. II. mons M-ere relied upon in defence oft Messrs. Hansard, and the Court of Queens Bench unanimously decided against them. Still the House of Commons was reluctant to act upon its own resolutions, and instead of punishing the plaintiff and his legal advisers, under the special circumstances of the case, it ordei-ed the damages and costs to be paid. The resolutions however were not rescinded, and it was then determined that in case of futmv actions, Messrs. Hansard should not plead at all; and that the parties should suffer for tlieir contempt of the resolutions and authority of the house. Another action was brought by the same person and for the same publication. Messrs. Hansard did not plead, the judgment went against them by default, and the damages were assessed by a jury in the sheriffs court at (loO. The sheriffs of Middlesex levied for that amount, but having been served with copies of the resolutions of the house, they were anxious not to pay the money to Stockdale until they were unable to delay the payment any longer. At the opening of the session of parliament in 1840, the money was still in their hands. The House of Commons at once entered on the consideration of these proceedings, which had been carried on in spite of its resolutions, and in the first place committed Stockdale to the custody of the serjeant-at-arms. The sheriffs were desired to refund the money, and, on their refusal, were also committed. Mr. Howard, the solicitor of Mr. Stoekdale, was suffered to escape with a reprimand. The sherifis retained possession of the money until an attiichment was issued from the Queens Bench, Mhen they paid it over to Stockdale. Stockdale, while in prison, conmienced a fourth action by the same solicitor, and with him was connnitted to Newgate for the o
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