HC Deb 23 March 1815 vol 30 cc336-7
MR. Rose

made the following Report from the Committee of Privileges: The Committee of Privileges, to whom the Letter of William Jones, esquire, Marshal of the Kings-bench prison, staling, 'that he had taken lord Cochrane (who had made his escape from out of the King's bench prison) into custody, in the House of Commons,' was referred; and who were to examine the matter thereof, and to report the same, together with their opinion thereupon;—

"Having read the Letter from the Marshal of the King's-bench to Mr. Speaker, giving an account of his having arrested lord Cochrane within the walls of this House, on the 21st instant, proceeded to inquire into the circumstances of the subject matter referred to their consideration:

"And they find,

"That lord Cochrane having been indicted and convicted for a conspiracy, was committed by the court of King's-bench on the 21st day of June, 1814, to the prison of that court, to remain as a prisoner there for the space of twelve calendar months; which period will not terminate till the 21st day of June, 1815:

"That from the date of the said commitment no pardon, nor any remission of the confinement of lord Cochrane had been granted:

"That between the 5th day of March and the 10th day of March last, lord Cochrane escaped from the prison above mentioned, and remained at large until the 21st of this month:

"That on the day last mentioned, lord Cochrane went between the hours of one and three to the clerk's room, in which members are usually sworn previously to taking the oaths at the table of the House; and being informed it was necessary he should have the certificate of his return with him, sent for the same to the Crown-office, and went into the House, where he sat down on the Privy Counsellors bench on the right hand of the Chair, at which time there was no member present, prayers not having been read:

"That soon after lord Cochrane had sat down in the House, the Marshal of the King's-bench entered it with two or three of his officers, and other assistants, and carried his lordship away to the prison from which he had escaped; notwithstanding a remonstrance from him, that they had no right to lay their hands upon him there:

"That by a Return in the Crown-office of the 16th day of July, 1814, it appears that lord Cochrane was returned to serve as a citizen for the city of Westminster on the 16th day of July 1814.

"Having ascertained these facts, it became the duty of your committee to consider whether the Marshal of the King's Bench, in the execution of what he conceived to be his duty, has been guilty of a breach of the privilege of this House.

"In deliberating on a matter of such high importance, your Committee have to regret that they could find nothing in the Journals of this House to guide them: the case is entirely of a novel nature; they can therefore only report it as their opinion,—

"That, under the particular circumstances given in evidence, it does not to your committee that the privileges of parliament have beet violated, so as to call for the interposition of the House by any proceedings against the Marshal of the King's-bench."

The Report was ordered to lie on the table.

On the motion of the Chancellor of the Exchequer, the House then adjourned till Monday se'nnight, the 3rd of April.