The course which he took in the year following on the imprisonment of Gale Jones, and the alleged breach of privilege by Sir Francis Burdett, was again at variance with that adopted by either of the two great parties in the house. The Opposition as well as the Ministry, and all the lawyers who took any part in the debate, concurred in thinking the paper written by Sir Francis Burdett a breach of privilege, and deserving of punishment of one kind or another; while Romilly maintained that the house had no jurisdiction to take cognizance of the offence. He did not dispute the right to imprison for a breach of privilege which obstructed their proceedings, but he denied the right and the policy of doing so for the publication of animadversions on matters already concluded. He urged that these latter questions “ought not to be decided on by the house, which thus constituted itself prosecutor, party, and judge, without affording to the accused the opportunity of even hearing the charges preferred against him; but they ought to be left to the ordinary tribunals, the courts of law.” These arguments, disregarded at the time, were amply justified by the events which followed. The folly of the course adopted was proved by serious disturbances, attended with the loss of life; petitions couched in the most disrespectful language were sent up, and inserted on the Journals; and the question of the privileges of the Commons came, in the first instance, before the courts of law, and was finally decided by the House of Lords. Invitations to public dinners were again sent to him, which he again declined; and addresses of thanks were voted “for the stand he had made in favour of the dominion of the law, against arbitrary discretion and undefined privilege.”
But it was not only in this way that the public showed how much they appreciated his integrity and independence. In 1812 he was pressed to allow himself to be put in nomination for several large constituencies; amongst others for Liverpool, Chester, Middlesex, and Bristol. At Bristol, his past political conduct was considered a sufficient guarantee for the future; no pledge was required of him, he was to be put to no expense, and it was agreed that he should be excused from personal canvas. On terms so honourable he consented to be put in nomination; and although a total stranger in the town, his reception was most encouraging, and there seemed every prospect of success. Nevertheless the common but dishonest maxim, of every thing being fair at an election, being acted upon by the opposite party, it was soon evident that he would not be returned; and on the seventh day he resigned any further contest.