which order, though repeatedly requested, was not produced. As no proper or legal authority appeared to countenance fuch refufal, the gentlemen thought themfelves not obliged to obey the commands of officers acting only under verbal authority, and entered, without further queftion or moleftation from thofe officers. Mr. Wood, the deputy fecretary of ftate, being fent for, and demanding the reafon of fuch forcible entry; it was replied, that no force had been ufed, and that the gentlemen thought themselves legally juftified in what they had done. formed them that he had received orders from the secretaries of state not to admit any perfon whatsoever to speak with or fee Mr. Wilkes ; adding, that he had just before refufed the right honourable the earl of Temple fuch admittance. On Sunday, May 1, the fame gentlemen, between the hours of twelve and one, called again upon major Ransford on the fame occafion, but were again denied admittance, as were foon after many noblemen and gentlemen of the first distinction, and Mr. Wilkes's own brother. After fuch denial, Mr. Wilkes's folicitor demanded of the major a copy of the warrant under which Mr. Wilkes was committed to the Tower, which was readily granted by the major, and is as follows: Charles Earl of Egremont and George Soon after this, (whether fent for or not does not appear) Philip Carteret Webb, Efq; follicitor to the treasury, came into the houfe, and fome private converfation between him and Mr. Wood having paft, the latter afked, if any gentleman then prefent would attend or infpect the officers, while they were fealing up the papers, or words to that or the like effect. Mr. Wilkes, brother to the pri-Thefe are in his majesty's name, to foner, having declined this offer, no authorize and require you to receive perfon then prefent thought him- into your cuftody the body of John felf authorised to take upon him Wilkes, Efq; herewith fent you, for fuch infpection. being the author and publifher of a most infamous and feditious libel, entitled the North Briton,No. XLV; tending to inflame the minds and alienate the affections of the people from his majefty, and to excite them to traiterous infurrections against the government. And to keep him fafe. and close until he fhall be delivered by due courfe of law, and for fo deing this fhall be your warrant. Given at St. James's, the 30th of April 1763, in the third year of his majelty's reign. Though it was well known that the court of Common Pleas had granted an habeas corpus, and Philip Carteret Webb, Efq; at that time at lord Halifax's, was then well affured of the fact; yet Mr. Wilkes was committed to the Tower of London. His follicitor and one of his council, foon after they heard of fuch committment, went to the Tower, in order to confult with him, about the legal methods to be purfued for his enlargement, but were, denied admittance major Ransford in figned EGREMONT. L. S. DUNK HALIFAX. L. S. Tq To the right honourable John lord Berkeley of Stratton, conftable of his majesty's tower of London, or to the lieutenant of the faid tower, or his deputy. Philip Carteret Webb, Efq; be ing then prefent in major Ransford's room, Mr. Wilkes's council and follicitor applied to Mr. Webb for admittance to Mr. Wilkes. Mr. Webb defired major Ransford to allow fuch admittance, for which he would indemnify him; the major replied, He could not difobey orders. Mr. Webb re-anfwered, He believed there must have been a miftake in the orders, and that if either of the fecretaries of ftate were in town, he would apply to them, and obtain fuch admittance as aforefaid; and that he would either fend or bring an order for fuch admittance in the afternoon. 1 Upon this affertion, Mr. Wilkes's council and folicitor, between eight and nine o'clock in the evening of the fame day, again went to the tower, and applied for admittance as before the major having received no inftruction from either of the secretaries of state, or Philip Carteret Webb, Efq; ftill perfifted in his refufal. On the morning of Monday, May 2, the court of Common Pleas ordered a return to their writ of habeas corpus; which return not then appearing to the court to be fuffici ent, the court ordered that this return fhould not, at prefent, be filed; but, upon motion, granted another habeas corpus, directed to the conftable, and fo forth, of the tower of London. Mr. Wilkes's council, this fame day, between the hours of two and three, again went to the tower, and made application to major Ransford for admittance to Mr. Wilkes, but were refufed, major Ransford declaring that he had received no orders from either of the fecretaries of ftate for that purpose: there appeared upon the table a written order for him to take down the names of all perfons applying for admittance to col. Wilkes. On Tuesday, May 3, at half an hour paft ten in the morning, Mr. Wilkes was brought to the bar of the court of common pleas, where he made the following speech: My Lords, "I feel myfelf happy to be at 1aft brought before a court, and before judges whofe characteristic is the love of liberty. I have many humble thanks to return for the immediate order you were pleased to iffue, to give me an opportunity of laying my grievances before you. They are of a kind hitherto unparalleled in this free country, and I truft the confequences will teach minifters of Scottish and arbitrary principles, that the liberty of an English fubject is not to be fported away with impunity, in this cruel and defpotic manner. I am accused of being the author of the North Briton, No. 45. I fhall only remark upon that paper, that it takes all load of accufation from the facred name of a prince, whose family I love and honour as the glorious defenders of the caufe of liberty, and whofe perfonal qualities are fo amiable, great, and refpectable, that he is defervedly the idol of his people. It is the peculiar fashion and crime of thefe times, and of those who hold high minifterial offices in government,, to throw every odious charge from themselves upon majefty: the au thor thor of this paper, whoever he may be, has, upon conftitutional principles, done directly the reverfe, and is therefore in me, the fuppofed author, meant to be perfecuted accordingly; the particular cruelties of my treatment, worse than if I had been a Scots rebel, this court will hear, and I dare fay, from your juftice, in due time redrefs. I may, perhaps, ftill have the means left me to fhew that I have been fuperior to every temptation of corruption. They may, indeed, have flattered themfelves, that when they found corruption could not prevail, perfecution might intimi date. I will fhew myfelf fuperior to both. My papers have been feized, perhaps with a hope the better to deprive me of that proof of their meanness and corrupt prodigality, which it may poffibly, in a proper place, be yet in my power to give." The cafe was then learnedly argued by eminent lawyers on both fides, and when they had finished, the court, after making a polite excufe to Mr. Wilkes for the delay, took time to confider the case, and to give their opinion; therefore they remanded him prifoner to the tower till Friday the 6th of May, at which time he was ordered to be brought up, that the affair might be finally determined; but directions were given, that, in the mean time, both his friends and lawyers fhould have free access to him. the militia for the county of Buckingham, I am commanded to fignify his majefty's pleasure to your lordfhip, that you do forthwith give the neceffary orders for difplacing Mr. Wilkes, as an officer in the militia for the faid county of Buckingham. I am, my lord, &c. EGREMONT. In confequence of which letter, his lordship immediately wrote the following to Mr. Wilkes: Sir, Pall-Mall, May 5, 1763. the tower, I received the inclosed "At my return laft night from letter from the earl of Egremont : in confequence of his majesty's commands therein fignified, you will please to obferve, that you no longer continue colonel of the militia for the county of Buckingham. expreffing the concern I feel in the TEMPLE. To which Mr. Wilkes made the following return: My Lord, Tower, May 5, 1763. "I have this moment the honour of your lordship's letter, fignifying his majesty's commands, that I should no longer continue colonel of the militia for the county of Buckingham. I have only to return your lordfhip my warmeft thanks for the fpirit and zeal you have fhewn in the fupport of that conftitutional measure from the very beginning. Your lordship will please to rememWhitehall, May 4, 1763. most who offered their fervices to ber, that I was among the foreMy Lord, "The king having judged it improper that John Wilkes, Efq; fhould any longer continue to be colonel of Next day lord Temple received the following letter ; their country at that crifis. Buckinghamfhire is fenfible, and has always acknowledged, that no man but your lordship could have given fuccefs "Far be it from me to regret that I have paffed fo many more days in captivity, as it will have afforded you an opportunity of doing, upon mature reflection and repeated examination, the more fignal juftice to my country. The liberty of all peers and gentlemen, and what touches me more fenfibly, that of all the middling and inferior class of people, who ftand moft in need of protection, is in my cafe this day to be finally decided upon: a question of fuch importance as to determine at once, whether English liberty be a reality or a fhadow. Your own free-born hearts will feel with indignation and compaffion all that load of oppreffion under which I have fo long laboured. Close imprisonment, the effect of premeditated malice, all accefs for more than two days denied to me, my house ranfacked and plundered, my moft private and fecret concerns divulged, every vile and malignant infinuation, even of high treafon itself, no less induftriously than falfely circulated by my cruel and implacable enemies, together with all the various infolence of office, form but a part of my unexampled ill-treatment. Such inhuman principles of tar chamber tyranny will, I truft, by this court, upon this folemn occafion, be finally extirpated; and henceforth every innocent man, however poor and unfupported, may hope to fleep in peace and fe curity in his own houfe, unviolated by king's messengers, and the arbitrary mandates of an over-bearing fecretary of state. I will no longer delay your juftice. The nation is impatient to hear, nor can be fafe or happy till that is obtained. If the fame perfecution is after all to carry me before another court, I hope I fhall find that the genuine fpirit of Magna Charta, that glorious inheritance, that distinguishing cha racteristic of Englishmen, is as religiously revered there, as I know it is bere, by the great perfonages before whom I have now the happinefs to ftand; and (as in the evermemorable cafe of the imprisoned bishops) that an independent jury of free-born Englishmen will perfift to determine my fate, as in confcience bound, upon conftitutional principles, by a verdict of guilty or not guilty. I ask no more at the hands of my countrymen." When Mr. Wilkes had made an end, lord chief juftice Pratt ftood up, and delivered the opinion of the court on the three following heads, which were chiefly infifted on by council: First, The legality of Mr. Wilkes's commitment. Secondly, The neceffity for a fpecification of thofe particular paffages in the 45th number of the North Briton, which had been deemed a libel. And, Thirdly, Mr. Wilkes's privilege as a member of parliament. In regard to the firit, his lordfhip remarked, that he would confider a fecretary of state's warrant, through the whole affair, as nothing fuperior to the warrant of a common juftice of the peace and that no magistrate had, in reality, a right ex officio, to apprehend any perion, without ftating the particuÎar crime of which he was accufed; but at the fame time he obferved there were many precedents where a nice combination of circumftan ces gave fo ftrong a fufpicion of facts, that though the magiftrate could not be juftified ex officio, he was, nevertheless, fupported in the commitment, even without receiving any particular information for the foundation of his charge, The word charge, his lordfhip took notice, was in general much mifunderstood, and did not mean the accufation brought against any perfon taken up, but his commitment by the magiftrate before whom he might be brought. Upon the whole of this point, according to the customary rule which had been for a series of years obferved by the fages of the law, even in the reign of Charles the fecond, when this matter was fo frequently contefted, his lordship was of opinion, that Mr. Wilkes's commitment was not illegal. In relation to the next article, which required a fpecification of the particular paffages in the North Briton which were deemed a libel, his lordship took notice that the infertion of thefe paffages, fo far as they related to the point in queftion, was not at all neceffary; for even fuppofing the whole of the 45th North Briton had been inferted in the body of the warrant, yet it by no means came under his lordship's cognizance at that time; for the matter in confideration then was, not the nature of the offence, but the legality of the commitment; the nature of the offence not refting in the bofom of a judge without the affiftance of a jury, and not being a proper fubject of enquiry, till regularly brought on to be tried in the cuftomary way of proceeding. With refpect to the third and laft point, how far Mr. Wilkes had a right to plead his privilege as a member of parliament, his lordfhip remarked, that there were but three cafes which could poffibly affect the privilege of a member of parliament, and these were treajon, felony, and the peace. The peace, as it is written in the inftitutes of the law, his lordship explained to fignify a breach of the peace. He remarked, that when the feven bishops were fent to the tower, the plea which was used when the fpiritual lords contended for their privilege, was, that they had endeavoured to disturb the peace. This, at that arbitrary time, was judged fufficient to forfeit their privilege; but his lordship took notice, that, out of the four judges then upon the bench, there was but one honeft man, Powel, and he declined giving any opinion. His lordship then obferved, that the privilege of parliament fhould be held facred and inviolable, and as there were but three particular cafes in which that privilege was forfeited, it only re |