Sitting of 19 June 1852

BREACH OF PRIVILEGE—CASE OF MR. SPRYE.
The Governor of Whitecross Street Prison, with Mr. Richard Sprye, a Prisoner in his Custody, also William Willis, an Officer of the Sheriff of Middlesex, attended at the Bar of this House (pursuant to Order of Yesterday): They were called in and examined.
The LORD CHANCELLORasked what the circumstances connected with the arrest were?
Mr. Spryesaid, that he resided in Oakley-square, Chelsea; and on Tuesday last, between nine and ten, he left his house for the purpose of coming down to their Lordships' House. He had presented a petition against a Bill now before their Lordships, called the London Necropolis Bill, and was informed by his agent that it would be necessary for him to be sworn at the bar; and he was then coming down for that purpose. On arriving at the corner of Queen-street, by which way he had gone for the purpose of obtaining a cab, he was met by two men, one of whom asked him if his name was Sprye, and on his rather hesitating to reply, said to him, "I know you are Sprye, and I want you." He then took him into custody for a debt

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of 160 l. He told the sheriff's officer that he was going down to the House of Lords to attend a Committee, and showed him the Bill which he held in his hand. The sheriff's officer, however, said he had nothing to do with that, and persisted in carrying him to Whitecross-street Prison, refusing to allow him to communicate with his family, or with his Parliamentary agent.
The LORD CHANCELLOR: At the time you were arrested, were you on your way to this House?
Mr. Sprye: Yes, certainly.
In reply to the LORD CHANCELLOR,
F. Willis, the sheriff's officer, said, that on Tuesday last he received instructions to arrest the petitioner. He met Mr. Sprye that same morning at the corner of Queen-street, coming in the direction of their Lordships' House, where he took him into custody. Mr. Sprye said he was going down to the House of Lords; hut on being asked to produce the order or subpœna, he said that he had not got one.
Lord TRURO: He did not show me the Bill until I was taking him to White-cross-street.
LORD CHANCELLOR: I distinctly understood him to say that he was coming down to this House, but as he had no order of the House, I did not attend to that.
In reply to the LORD CHANCELLOR,
Mr. Burdon, Governor of the Debtors' Prison, said that on Tuesday he received Mr. Sprye into the prison of Whitecross-street, for debt, where he had kept him ever since.
LORD BROUGHAMmoved that Mr. Sprye be discharged from custody.
LORD TRUROseconded the Motion. He did not think that the fact of Mr. Sprye not having an order of their Lordships' House was of the slightest importance in this case. It was perfectly possible that persons might have to attend before their Lordships on affairs of the greatest importance without having an order, and so long as they were bonâ fide coming down to the House, they had a right to be protected. There was no doubt, however, that any man in a similar position, pretending that he was going down to their Lordships' House, and deceiving the sheriff's officer, would be guilty of a gross breach of privilege, and would be liable to severe punishment. At the same time, it should he understood by the public officers, that if individuals on being arrested stated that they were going down to
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the House, it was their duty to attend with them before the Committee, and there was no doubt that the House, upon application, would take care to protect the public officers in the execution of their duty, and punish individuals who endeavoured to practise a deception upon them in this manner.
LORD BROUGHAMentirely concurred with what had fallen from the noble and learned Lord. It would be, without doubt, a very great contempt, and severely punishable to enter into a plot to deceive the public officer by a pretence of having business before their Lordships, and thus to evade a legal arrest. It would always be the better course for the officer to attend with his prisoner before the Committee, because no injury would then be done to any party, and no responsibility incurred.
The LORD CHANCELLOR,in expressing his concurrence with the noble and learned Lords, stated that the order would extend so far as to enable Mr. Sprye to return home without obstruction, but after that its protection would cease.
LORD BROUGHAMadvised Mr. Sprye not to deviate from his straight line of road in going home; for if he did so, he might be arrested; but if he went by the direct route, the House would protect him until he got home, but no further.
"Ordered—That Mr. Richard Sprye be discharged from the said Prison, and from the Custody of the said Governor."
House adjourned to Monday next.