HL Deb 15 July 1845 vol 82 cc493-6
Lord Brougham

presented a petition from John Harlow, now in cus- tody, stating that since the publication of the Report of the Committee before which Mr. Baker gave evidence, the petitioner had suffered in his trade and character by the circulation of that Report; that proceedings in a criminal court were at that time pending in relation to the matter to which Mr. Baker's testimony referred, and Mr. Baker was afterwards examined as a witness in those proceedings, but never attempted to prove what he had stated before the Committee; that the statement was false and untrue; and the petitioner trusted the House would be graciously pleased to make some allowance for his feelings being so wounded; that he would not have taken the present proceedings, if he had been aware of their being a breach of privilege, and he had accordingly instructed his solicitor to withdraw the action; and the petitioner humbly expressed his extreme regret at having committed a breach of privilege, and hoped the House would be graciously pleased to pardon the offence he had so unintentionally committed. The noble and learned Lord added, that it was impossible to express greater contrition for the grave and inexpiable offence of having resorted to the law of the land. It was not known by the petitioner to be a crime; it was known only to Parliament; it had never been promulgated in any law. He moved that John Harlow be discharged out of custody on payment of his fees; for so, he was sorry to say, it must be.

The Lord Chancellor

, on the facts stated in the petition, was willing to accede to the Motion. As the noble and learned Lord was not acting as counsel for this person, the latter must not be held answerable for what he had said.

Lord Campbell

thought it would not be exactly fair to the petitioner to make him answerable for the sarcasms of his noble and learned Friend, and he should, therefore, concur in the Motion.

The said John Harlow was then brought to the bar, and reprimanded in the following terms by

The Lord Chancellor

You have been taken into custody for a breach of the acknowledged privileges of this House, in bringing an action against Thomas Baker, for words which he spoke in the course of giving evidence before one of the Committees of this House. For that offence you have been committed to custody. You have presented a petition in which you have expressed your contrition, and you have also stated that you have given orders to discontinue the action. Their Lordships are disposed to deal leniently with you, and have, therefore, ordered that you be discharged out of custody on paying your fees.

Then he was taken from the bar.

Lord Brougham

said, that, after the rebuke which he had received from his noble and learned Friend the junior law Lord, and almost the junior Peer in that House, he should take care not to fall into the same error again; for he might, peradventure, be committed himself for a breach of those privileges which were so notorious to-night, but which were stated to be unknown yesterday. He begged now to present a petition from Peter Taite Harbin, the attorney who had brought the action, stating that he had submitted the case to a gentleman of great legal acquirements, and by his advice had commenced the action; that he was not aware that he had committed a breach of privilege; that he regretted the course which he had taken, and had now abandoned the proceedings; he hoped, therefore, that their Lordships would pardon the offence which he had unintentionally committed, and order his discharge out of custody. He (Lord Brougham) begged, therefore, to move that the petitioner be discharged upon payment of his fees. He did not move that they should take the learned counsel into custody who was accessory before the fact, and who had certainly been guilty of as great a breach of privilege as the petitioner; but their Lordships would consult their interests by leaving him alone.

Lord Campbell

thought enough had been done for the public good; and he had no doubt his noble and learned Friend (Lord Brougham), who felt so warmly on the subject, would pay the fees both of the attorney and the tobacconist.

Lord Brougham

I think I have done quite enough for the privileges of this House, in keeping my gravity during the operation which has lately been performed.

The said Peter Taite Harbin was then brought to the bar, and reprimanded in the following terms by

The Lord Chancellor

You have been taken into custody for a breach of the acknowledged privileges of this House. There are circumstances which would have led me to suppose that you had advisedly committed this offence. I will not, however, take upon myself to say that you have done so, for you have stated yourself that you did it in ignorance, and have expressed your contrition for the offence. You have also stated that you will discontinue the action, and their Lordships are of opinion that you ought to be discharged on paying your fees.

Then he was taken from the bar.

Lord Campbell

gave notice that he would, early next Session, unless the Government or some Peer entitled to more weight than himself—being the junior law Lord and junior Peer in the House—did it before, introduce a Bill to enable their Lordships, and the other House of Parliament, when an action was brought in violation of their privileges, to stay such action in the same manner as actions were now stayed when they were brought for publishing Papers under the orders of their Lordships' House. Such a measure would give them the power which the Court of Chancery now had to stay proceedings.