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THREE:On the following morning, being Monday, the Ministers came to the resolution of entering the baronet's house by force; and, as he sat at breakfast with a considerable company of friends, an attempt was made by a man to enter by the window, which he broke in trying to raise the sash. This man was secured; but a more successful party of officers below dashed in a window on the ground floor, and soon appeared in the drawing-room. Sir Francis was seized and, still struggling and protesting, was conveyed to a carriage. Then, escorted by the military, he was taken to the Tower, amid tremendous crowds, crying "Burdett for ever!" A strong force had occupied the passage through the City, and had drawn up before the Tower before the arrival of the party with the prisoner, whom they had taken round by Pentonville and Islington. The scene during the conveyance of Sir Francis into the old fortress was indescribable for tumult and yelling. As the soldiers were returning they were hooted and pelted with stones, and at last they lost patience and fired, killing two persons and wounding several others.

FORE:Whilst the Gironde was thus weakened by this implacable and incurable feud with the Jacobins, Austria was making unmistakable signs of preparations for that war which Leopold had often threatened, but never commenced. Francis received deputations from the Emigrant princes, ordered the concentration of troops in Flanders, and spoke in so firm a tone of restoring Louis and the old system of things, that the French ambassador at Vienna, M. De Noailles, sent in his resignation, stating that he despaired of inducing the Emperor to listen to the language which had been dictated to him. Two days afterwards, however, Noailles recalled his resignation, saying he had obtained the categorical answer demanded of the Court of Vienna. This was sent in a dispatch from Baron von Cobentzel, the Foreign Minister of Austria. In this document, which was tantamount to a declaration of war, the Court of Vienna declared that it would listen to no terms on behalf of the King of France, except his entire restoration to all the ancient rights of his throne, according to the royal declaration of the 23rd of June, 1789; and the restoration of the domains in Alsace, with all their feudal rights, to the princes of the Empire. Moreover, Prince Kaunitz, the chief Minister of Francis, announced his determination to hold no correspondence with the Government which had usurped authority in France. FORE:[533]Another action was brought by Stockdale; the printers were directed to plead the privilege of the House. The Court gave judgment against the plea, and damages were afterwards assessed, which the House of Commons ordered the Messrs. Hansard to pay. On the 31st of July those gentlemen again communicated to the House that similar legal proceedings were threatened by Mr. Polac, on account of alleged defamatory matter in a Parliamentary Report on the state of New Zealand. The House of Commons passed another resolution, reaffirming its privilege, and directing Hansard not to take any defence to the threatened action, which, however, was not proceeded with. But Stockdale, on the 26th of August, 1839, commenced a third action for the publication of the report, which continued to be sold. The printers then served him with formal notice of the resolutions of the House and of their intention not to plead. Stockdale, notwithstanding, on the 26th of October filed a declaration in the said action, wherein the damages were laid at ��50,000; and on the 1st of November interlocutory judgment was signed for want of a plea. On the 2nd of November notice was served that a writ of inquiry of damages would be executed before the Sheriff of Middlesex on the 12th of the same month. The writ of inquiry was accordingly executed, when the sheriff's jury assessed the damages at ��600; the consequence of which was that the sheriff took possession of the printing-office, premises, and stock-in-trade of the printers of the House of Commons. But he was placed in a dilemma with regard to the sale, which was ultimately prevented by the amount of damages being paid into the sheriff's office on the night previous. On the 16th of January following, Lord John Russell presented a petition from the Messrs. Hansard, which recited the facts of the case, and prayed for such relief as, in the circumstances, the House might think fit. The course which Lord John recommended was, that the persons who had violated the privileges of the House should be summoned to their bar. He therefore moved that Stockdale, with Burton Howard, his attorney, William Evans, the sheriff, the under-sheriff, and the deputy-under-sheriff, be summoned to the bar of the House. There was a long discussion on the legality of the course to be pursued. The motion was carried by a majority of 119. On the 17th of January, therefore, Stockdale was called to the bar, and interrogated by the Attorney-General as to the facts of the different actions. The House then resolved that Stockdale should be committed to the custody of the Serjeant-at-Arms. It was also resolved that the sheriffs should be called to the bar. They were accordingly brought in by the Serjeant-at-Arms, dressed in their scarlet robes. On the 21st of January they petitioned the House, expressing their sorrow for having incurred its displeasure, and stated that they believed that they had only done their duty towards their Sovereign and the Queen's Bench, whose sworn officers they were. They prayed, therefore, that they might not be amerced or imprisoned. Lord John Russell moved that the sheriffs, having been guilty of a breach of the privileges of the House, should be committed to the custody of the Serjeant-at-Arms, which was carried by a majority of 101. The same course was adopted with regard to Mr. Howard, the attorney, who was called in and reprimanded by the Speaker.