PRIVILEGE OF PARLIAMENT—ROBERT CHRISTIE BURTON, ESQ. (Hansard, 28 January 1819)

§ Sir James Mackintosh
presented a petition from several persons, merchants at Hull, represent- 134 ing themselves to be creditors of Robert Christie Burton, against whom they had recovered judgment for debt in his majesty's Court of Common Pleas, and who was now confined in the Fleet-prison, by process of execution on the same. They had just learned that the said Robert Christie Burton had applied to that House to be discharged upon his privilege as a member, having previously applied to one of the judges of the court of King's-bench, in chambers, on the same ground, and experienced a refusal. The petitioners submitted, that the privilege of the House did not extend to executions upon judgment previously obtained, but only to mesne process; and that the said Robert Christie Burton was not eligible to a seat in parliament. They prayed, therefore, to be heard by counsel at the bar against his discharge, and that the House would grant them such relief as to their wisdom should seem meet. The hon. mover observed, that he was aware that the first part of their prayer could not be granted, but the second appeared to him to entitle the petition to lie upon the table.

§ The Speaker
suggested, that, independently of the substance of the petition, which he should not examine, there was an irregularity in point of form, which would be fatal to it, the petition having been signed not by the petitioners themselves, but by a person describing himself as agent to the petitioners.
The petition was accordingly withdrawn. Mr. Wynn then brought up the report of the committee of privileges. It was read by the clerk, and stated, "That the said committee have found, that the said Robert Christie Burton is a member of this House, and is in the custody of the warden of the Fleet-prison in execution, and also on mesne process, at the suit of several creditors for civil debts: and the committee have, upon the whole matter resolved, That the said Robert Christie Burton is entitled to privilege of parliament."

Mr. Wynn
said, he should have contented himself with merely moving two resolutions, expressing the concurrence of the House in this report, had it not been for the petition which had been presented and withdrawn on account of an informality. The substance, however, was as open to exception as the form, for it was a complete error to suppose that there was any distinction between the 135 cases of Confinement upon mesne process, or in execution of a judgment. The reason of the privilege applied equally to both, and signified that, as the duty of attendance in parliament was the highest Service which could be required of any man, it ought not to be interrupted by the private claims of any individual. Several cases had fully established this principle, but it would be sufficient to mention two; that of Thomas Brown in the year 1676, who was in custody previous to his election; and that of a person named Asgill in the year 1707,^* who, so far from being a favourite with the parliament which liberated him, was expelled immediately after for an irreligious publication. He did not think it necessary to make any further observations on the present case, and should therefore move, that the House do agree with the committee in the said resolution.