736 ENGL 
repeated conferences, the negociations for that purpofe 
terminated ineffectually. 
In confequence of the ill fuccefs of the recent attempt 
at reconciliation, the rage of party feemed more inflamed 
than ever, and the prefs teemed with political pamphlets 
on each fide, couched in terms of the extreme!! virulence 
and abufe. Thefe the miniftry feemed totally and wifely 
to difregard, till on the appearance of the 45th number 
of a periodical publication ftyled “ The North Briton,” 
containing a perfonal and very indecent attack upon the 
kirtg, charging him with affirming a dirett falfehood in 
his fpeech from the throne; it was in an evil hour judged 
expedient, for the vindication of his majefly’s honour, to 
exert every effort of government to refcue the fovereign 
from an imputation, the impreflion made by which, had 
it been regarded with the dignity of filent contempt, 
■would probably have lafted only till the 46th number 
had promulgated fome new abufe, as impudent, as malig¬ 
nant, and as futile, as the former. No minifter had been 
more virulently attacked than Mr. Pitt, nor did the po¬ 
litical publications of the times fpare the perfon of the 
late king; but Mr. Pitt, on being urged to profecute the 
libellers, replied only with a fmile, that the prefs w>as. 
like the air, “ a chartered libertine.” The well-known 
author of the publication in queftion was Mr. Wilkes, 
member of parliament for Aylefbury, in Buckingham (hi re. 
A warrant was iffued under the hand and feal of lord 
Halifax, directed to certain of his majefty’s meffengers in 
the uftial official form, commanding them to apprehend 
the authors, printers, and publifhers, of that feditious and 
treafonable paper. On the 29th of April, 1763, late at 
night, the meffengers entered the houfe of Mr. Wilkes, 
and produced their warrant, with which, on account of 
the general terms in which it was drawn, he abfolutely 
refufed compliance; but on their return the next morn¬ 
ing, he was compelled to accompany them to the office of 
the Secretary of (late, whence he was committed clofe pri¬ 
soner to the Tovyer, his papers being previoufly Seized 
and Sealed, and all accefs to his perfon ftriCtly prohibited. 
Application bfing made to the court of common pleas for 
an habeas corpus, a writ was accordingly iffued, directed 
to the conftable of the Tower, in confequence of which, 
Mr. Wiikes was brought up the next day to Weftminfter- 
hall; and the cafe being new and important, he was, 
after the pleadings were finiffied, remanded till Friday, 
May 6, that the judges might have leifure to form their 
opinion. On that day, being again brought before them, 
lord-chief-juftice Pratt, afterwards lord Camden, pro¬ 
ceeded to give the opinion of the court. He declared, as 
to the leading points involved in this complex queftion, 
the commitment of Mr. Wilkes to be not in itfelf illegal, 
being juftified by numerous precedents; and though in 
ftrict contemplation of law the warrant of the lecretary 
of (fate was not of Superior force to that of a juftice of 
peace ; where a combination of circumftances gave a 
ftrong fufpicion of fails incompatible with the public 
Safety, he was Supported in the commitment even with¬ 
out receiving any particular information for the founda¬ 
tion of the charge. As to the Second objection, the court 
was of opinion, that there was no neceffity for the Speci¬ 
fication of thofe particular paffages in the 43th number 
of The North Briton, which had been deemed a libel. 
The paper did not, at that time, come under the cogni¬ 
zance of the court, nor could it without the affiftance of 
a jury. As to the third head, the chief-juftice admitted, 
that the privilege of parliament was violated in the per¬ 
fon of Mr. Wilkes; for the privilege of parliament could 
be forfeited only by treafon, felony, or breach of the 
peace ; but Mr. Wilkes Hood accufed only of writing a 
libel, which did not come within that defcription. The 
court then discharged Mr. Wilkes, againft whom never¬ 
theless a profecution was immediately commenced by the 
attorney-general; and he was at the fame time, by an 
official notice from the Secretary of ftate to lord Temple, 
lord-lieutenant of the county of Bucks, difmiffcd from 
A N D. 
his military command as colonel of the Buckinghamshire 
militia ; and lord Temple was himfelf in a (liort time dif- 
miffed from his lieutenancy, to make room for lord Le 
Defpeneer, late Sir Francis Daffiwood. 
Upcn vhe meeting of parliament, November 15, 1763, 
before the king’s fpeech could be reported to the houfe, 
tire minifter, Mr. Grenville, knowing flie intention of 
Mr. Wilkes to prefer a formal complaint of the breach 
of privilege committed in his perfon, declared, that he 
had a-meffage to deliver from the king. The meffage 
being-read, imported, “ that bis majeftv having received 
information that John Wilkes, efq. a member of that 
houfe, was the author of a moft feditious and dangerous 
libel, he had caufed the faid John Wilkes, efq. to be ap¬ 
prehended and fecured, in order to take his trial in due 
courfe of law. And Mr. Wilkes having been difeharged 
out of cuftody by the court of common pleas, on account 
of his privilege as a member of that houfe, and having 
fince refufed to.anfwerto an information filed agair.ft him 
by his majefty’s attorney-general; his majefty, defircus to 
(how all poffible attention to the privileges of the houfe 
of commons, and at the fame time folicitous not to fuft’er 
the public juftice of the kingdom to be eluded, had chofen 
to direCt the faid libel, and alfo copies of the examina¬ 
tions upon which Mr. Wilkes was apprehended and fe¬ 
cured, to be laid before them:” and the minifter then 
delivered the papers in at the table. On this a violent 
debate arofe, and the houfe, moft unwifely making itfelf 
a principal in the quarrel, and entering with violence 
into this vexatious and perplexing bufinefs, voted by a 
great majority, “ that The North Briton, Number 45, is 
a falfe, fcandalous, and feditious, libel, manifeftly tend¬ 
ing to alienate the affections of the people from his ma¬ 
jefty, and to excite them to traitorous infurreCtions ;’“ 
and ordered it to be burnt by the common hangman. 
Thus was this queftion, fo inlignificant in its origin, 
fvvelled to vaft and national importance. No legal con¬ 
viction having as yet taken place, Mr. Wilkes now made 
his complaint to the houfe, of breach of privilege by the 
imprifonment of his perfon, the plunder of his houfe, the 
feizure of his papers, and the ferving him with a fubpeena 
upon an information in the court of king’s bench. The 
complaint being perfectly regular, it was refolved to take 
it into confideration ; and on the 23d of November, the 
houfe refolved, by a majority of 125, in direCt contra¬ 
diction of the late decifion of the court of common pleas, 
and the precedents upon record in their own Journals , “ that 
privilege of parliament does not extend to the cafe of 
libel;” and an addrefs was prefented to his majefty, in 
which the peers concurred, fignifying their deteftation of 
thefe feditious practices, and their warm affection for his 
majefty’s perfon and government. Mr. Pitt, who attended 
the houfe on this occafion, though obliged by illnefs to 
be fupported to his feat, declared himfelf with warmth 
againft the refolution now paffed. No man, he faid, could 
condemn the paper or libel more than he did ; but he 
would come at the author fairly, not by a facrifice of their 
conftitutional privileges, and by fubjeCting every mem¬ 
ber who did not vote with the minifter, to the dread and 
danger of imprifonment. The dignity of parliament called 
upon them doubtlefs to fupport and proteCt the purity 
of his majefty’s character: this they had done by a ftrong 
and decifive condemnation of the libel in queftion; the 
reft belonged to the courts below. 
In purf uance of the former vote, the flieriffs of London 
attempting to execute tire order of the houfe of commons 
for burning the 45th number of The North Briton at the 
Royal Exchange, a violent riot enfued ; the paper was 
refeued from the hands of the executioner, the peace-offi¬ 
cers were attacked, and the ffieriffs themfelves put in dan¬ 
ger of their lives. Upon this the two houfes refolved, 
that the rioters were perturbators af the public peace, 
dangerous to the liberties of this country, and obftruCtors 
of the national juftice. The thanks of the commons were 
voted to the lheriffs, and an addrefs prefented to his 
majefty. 
