An Authentick account of the proceedings against John Wilkes, Esq; Member of Parliament for Aylesbury, and late colonel of the Buckinghamshire militia. Containing all the papers relative to this interesting affair, from that gentleman's being taken into custody by His Majesty's messengers, to his discharge at the Court of Common Pleas. : With an abstract of that precious jewel of an Englishman, the Habeas Corpus Act. : Also the North Briton no. 45. Being the paper for which Mr. Wilkes was sent to the Tower. : Addressed to all lovers of liberty.

THE PROCEEDINGS, &c.

THE Attention of the public being at this Time entirely taken up with the affair of John Wilkes, Esq member of parliament for Aylesbury, in Buckinghamshire; a gen|tleman of the greatest honor and abilities, and friend to liberty and his country, and a steady asserter of the invaluable rights and privileges of Englishmen; we hope the following impartial state of the case, and authentic account of all the proceedings and papers relative to that interesting and alarming en|croachment on the prerogative of the subject, late|ly exhibited by the most arbitrary and unjust ex|tension of power ever yet known, will meet with the approbation and protection of every honest man, and well-wisher to his Country.

Indeed such is the frame of our government, so prudently and strongly have our ancestors secured liberty and property (rescued by inches out of the hands of encroaching violence) that we cannot be enslaved but by chains of our own making. By the wisdom of our forefathers, the meanest

subject in this kingdom is protected from being given up as a prey to the arbitary pleasure, not only of the Prince, if he should attempt it, but (which is far more grievous) to the unreasonable passions and lusts of Favourites, Chief Ministers, and Women.

There are three things that the Law of England (which is the law of Mercy) principally regards and takes care of, viz. Life, Liberty, and Estate. Next to a man's Life, is the freedom of his person; for what is imprisonment but a kind of civil death? And Fortescue, Cap. 42. justly remarks, Anglioe jura in omni casu libertati dant favorum. "The laws of England do, in all cases, favour liberty."

The Writ of Habeas Corpus, is a remedy granted by the common law, for such as are unjustly de|tained in custody, to procure their liberty; but before this statute was rendered less useful than it ought to be, partly by the judges pretending a power to grant or deny the said writ at their plea|sure, in many cases; and especially by the ill practice of sheriffs and goalers, in putting the prisoner to the trouble of an alies and pluries; that is a second and third writ, before they would obey the first (as at that time there was no penalty till the third) and after all, the judges would fre|quently alledge, that they could not take bail, be|cause the party was a Prisoner of State, &c. Therefore to remedy these inconveniencies, this wholesome law was provided. And as no man is sure but at one time or another he may have oc|casion

to make use of it, we shall give a brief ex|planation of it to the meanest capacities, by divid|ing it into its several branches.

The Habeas Corpus Act concerneth either, 1. Persons committed for some other criminal, or supposed criminal matter, besides Treason or Fe|lony, and these are to have an Habeas immedi|ately. 2. Such who in their Mittimus are charg|ed with Treason or Felony; and these shall have the said writ after the time herein limited. 1. If any goaler, or under-keeper shall not deliver a true copy of the Mittimus within six hours after the prisoner demands it, the head goaler or keeper forfeits to the prisoner, for the first offence, the sum of 100l. for the second offence 200l. and loses his place; nor is there any fee to be paid for the same, the turnkey must deliver it at his peril.—Note, If any prisoner shall be locked up, or no one suffered to come near him, any friend may demand it on his behalf.

2. Whatever the criminal matter may be, if Treason or Felony be not expresly charged, any person on the prisoner's behalf, carrying such true copy of the commitment to the Lord Chancellor, or any of the Judges, or Barons of the Exchequer, or upon oath made that a copy was demanded, and denied, he shall grant an Habeas Corpus, or forfeit 500l. to the prisoner. But such request must be made in writing, and attested by two witnesses.

3. If the sheriff or goaler do not carry up the prisoner, and return the true causes of his detainer within three days, if within 20 miles distance; or within ten days, if above 20 and under 100 miles; or within twenty days if above 100 miles, he for|feits 500l. to the prisoner.—Note, The prisoner must pay the charges of his carrying up, and the Judge when he grants the writ may order how much; but it must not be above 12d. a mile.

If upon the return of such Habeas Corpus it ap|pears that the prisoner is not charged with Trea|son of Felony, especially and plainly expressed, or for such matters as by law are not bailable, the Judge shall discharge the prisoner on bail.

4. If a person once so bailed out shall again be imprison'ed for the same offence, those that do it forfeit 500l.

5. If there be High Treason for Felony, plainly and specially expressed, that is, not only gene|rally for Treason or Felony, but Treason in con|spiring to kill the King, or counterfeiting the King's coin, or Felony for stealing the goods of such an one to such a value, &c. then the priso|ner cannot have his Habeas Corpus, till be has, on the first week of the Term, or first day of sessions of Oyer and Terminer, or general goal delivery, pertitioned in open court, to be brought to his trial the next term or sessions following; on the last day thereof he shall be bailed; and if not indicted the second term or sessions, shall be discharged.

6. This act extends to all places within En|gland and Wales; the Tower cannot be supposed to be exempted, nor Windsor Castle, * 1.1 nor any such royal forts, for the words are general. And be|sides, there is a special Act of Parliament, that unites the King's castles to the counties wherein they stand; there having formerly, it seems, been some pretensions, and ill practices, to hold them distinct, that therein they may detain priso|ners against law, and not admit any writ to en|large them.

Lastly, No person shall be sent prisoner out of England or Wales, into Scotland, Ireland, Jersey, Guernsey, or any other place beyond the seas.

This Act took its rise in 1674, when it was calculated to set bounds to the arbitrary proceed|ings of Ministers. In 1679 the House of Com|mons brought in a bill for excluding placemen and pensioners from seats in Parliament. They also voted the standing army, and even the King's guards, to be illegal. But to compensate for the faction and violence into which they had been led by their prejudices, they got the ever-memorable Habeas Corpus Act pasted into a law; which crowned the security of the subject, by ratifying one of the most essential parts of MACNA CHAR|TA, and the PETITION of RIGHTS.

Having thus given a concise account of the above act, which we hope will not be unenter|taining to our Readers. We shall proceed with the case of Mr. Wilkes.

The North-Briton of Saturday, April 23, 1763, was the cause of Mr. Wilkes's being taken into custody by a warrant from the Secretary of State, for writing the said paper; he was accordingly taken into custody on Saturday the 30th of April, and, after being examined, was committed to the Tower. The same afternoon and Habeas Corpus was granted by the Lord Chief Justice of the Court of Common Pleas.

The following papers being authentic, will give a farther insight into the matter.

The NORTH BRITON, No. 45.

THE King's Speech has always been considered by the legisla|ture, and by the public at large, as the speech of the Mi|nister.

This week has given the public the most abandoned instance of ministerial effrontery ever attempted to be imposed on mankind. I am in doubt, whether the imposition is greater on the Sovereign, or on the nation. Every friend of his country must lament that a Prince of so many great and amiable qualities, whom England truly revers, can be brought to give the sanction of his sacred name to the most odious measures, and to the most unjustifiable, public declarations, from a throne ever renowned for truth, honour, and unfullied virtue. I am sure, all foreigners, especially the King, of Prussia, will hold the Minister in contempt and abhorrence. He has made our Sove|reign declare, My expectations have been fully answered by the happy affects which the several allies of my crown have derived from this salu|tary measure of the definitive treaty. The Powers at war with my good brother, the King of Prussia, have been induced to agree to such terms of accommodations as that great Prince has approved; and the success which has attended by negociation has necessarily and immediately diffused the blessings of peace through every part of Europe. The infamous fallacy

of this whole sentence is apparent to all mankind: For it is known, that the King of Prussia did not barely approve but absolutely dic|tated, as conqueror, every article of the terms of peace. No advan|tage of any Kind has accrued to that magnanimous Prince from our negociations but he was basely deserted by the Scottish prime Mi|nister of England. He was known by every Court in Europe to be scarcely on better terms of friendship here, than at Vienna; and he was betrayed by us in the treaty of peace. What a strain of Insolence, therefore, is it in a Minister to lay claim to what he is conscious all his efforts tended to prevent, and meanly to arrogate to himself a share in the fame and glory of one of the greatest Princes the world has ever seen? The Kings of Prussia, however, has gloriously kept all his former conquests, and stipulated security for all his allies, even for the Elector of Hanover. I know in what light this great Prince is considered in Europe, and what manner he has been treated here; among other reasons, perhaps, from some contemtu|ous expressions he may have used of the Scot: Expressions which are every day echoed by the whole Body of Englishmen through the southern part of this island.

The Preliminary articles of peace were such as have drawn the contempt of mankind on our wretched negociators. All our most valuable conquests were agreed to be restored, and the East India company would have been infallibly ruined by a single article of this fallacious and baneful negociation. No hireling of the Ministry has been hardy enough to dispute this; yet the Minister himself has made our Sovereign declare, the satisfaction which he felt at the approaching re-establishment of peace upon conditions so honourable to his crown, and so beneficial to his people. As to the entire approbation of parliament, which he so vainly boasted of, the world knows how that was obtained. The large debt on the civil list, already half a year in arrear, shews pretty clearly the Transactions of the Winter. It is, however, remarkable, that the Minister's speech dwells on the entire approbation given by parliament to the preliminary articles, which I will venture to say, he must by this time be ashamed of; for he has been brought to confess the total want of that knowledge and Precision, by which such immense advantages both of trade and territory, were sacrificed to our inveterate enemies. These gross Blunders are, indeed, in some measure set right by the definitive treaty; yet the most important articles, relative to cessions, commerce, and FISHERY, remain as they were, with respect to the French. The proud and feeble Spaniard too does not RENOUNCE, but only DESPOTS from all pretensions, which be may have formed, to the right of fishing—where? Only about the island of NEWFOUNDLAND—till a favourable opportunity arises of insisting on it, there, as well as elsewhere.

The Minister cannot forbear, even in the King's Speech, insulting us with a dull repetition of the word Oeconomy. I did not expect soon to have seen the more again, after it had been so excluded, and more than once, by a numerous audience, hissed off the 〈◊〉〈◊〉 of our English theatres. Let the publick be informed of a single Instance of oeconomy, except indeed in the houshold: Is a 〈◊〉〈◊〉 which was compleated as to its compliment of officers, on the Tuesday, and broke on the Thursday, a proof of oeconomy? In the pay of the Scottish Master Elliot to be voted by an English parliament under the head of oeconomy? Is this, among a thousand others, one of the con|vincing proofs of a firm resolution to form government on a plan of strict oeconomy? Is it not notorious, that in the reduction of the army, not the least attention has been paid to it? Many unnecessary ex|pences have been incurred, only to increase the power of the crown, that is to create more lucrative jobs for the creatures of the minister, The Staff indeed is broke, but the discerning part of mankind im|mediately comprehended the mean subterfuge, and resented the in|dignity put upon so brave on Officer, as Marshal Ligonier. The step was taken to give the whole power of the army to the crown, that is to the minister. Lord Ligonier is now no longer at the head of the army; but Lord Bute in effect is: I mean that every preser|ment given by the crown will be found still to be obtained by his enormous influence, and to be bestowed only on the creatures of the Scottish faction. The nation is still in the same deplorable state, while he governs, and can make the tools of his power pursue the same odious measure. Such a retreat, as he intends, can only mean that personal indemnity, which, I hope, guilt will never find from an injured nation. The negociations of the late inglorious Peace, and the Excise, will haunt him wherever he goes; and the terrors of the just resentment which the must be in to meet from a brave and insulted people, and which must finally crush him, will be for ever before his eyes.

In vain will such a minister, or the soul dregs of his power, the tools of corruption and despotism, preach up in the speech that spirit of concord, and that obedience to the laws, which is essential to good order. They have sent the spirit of discord through the land, and I will proprecy, that it will never be extinguished, but by the extinc|tion of their power. Is the Spirit of Concord to go hand in hand with the PEACE and EXCISE through this nation? It is to be expected between an insolent EXCISEMAN, and as Peer, Gentleman, Freeholder, or Farmer, whose private houses are now made liable to be emered and searched at pleasure? Gloucestershire, Herefordshire, and is general all the Cyder countries, are not sarely the serveral countries which are alluded to in the speach. The spirit of concord had not gone forth among them, but the spirit of liberty has,

and a noble opposition has been given to the wicked instruments of opression.

A despotic minister will always endeavour to dazzle his prince with high flown ideas of prerogative and honour of the crown, which the minister will make a parade of firmly maintaining. I wish as much as any man in the kingdom, to see the honour of the crown maintained in a manner truly becoming Royalty. I lament to see it sunk even to prostitution. What a shame was it to see the security of this country, in point of military force, complimented away, contrary to the opinion of Royalty itself, and sacrificed to the pre|judices and to the ignorance of a set of people, the most unfit from every consideration to be consulted on a Matter relating to the se|curity of the House of Hanover? I wish to see the honour of the crown religiously asserted with regard to our allies, and the dignity of it scrupulously maintained with regard to foreign Princes. Is it possible such an indignity can have happened; such a sacrifice of the crown of England, as that a minister should already have kissed his Majesty's hand on being appointed to the most insolent and ungrateful court in the world, without a previous assurance of that reciprocal nomi|nation which the meanest court in Europe would insist upon, before the proceeded to act otherwise so derogatory to her honour? But Electo|ral Policy has ever been obsequious to the court of Vienna, and for|gets the insolence with which Count Colloredo left England. Upon a principle of dignity and oeconomy, Lord Stormont, a Scottish Poer, of the loyal house of Murray, kissed his Majesty's hand, I think, on Wednesday in the Easter Week; but this ignominious act has not disgraced the nation in the London Gazette. The ministry are not ashamed of doing the thing in private; they are only afraid of the publication. Was it a tender regard for the honour of the late King, or of his present Majesty, that invited to court Lord George Sackville, in these first days of peace; to share in the general satisfaction, which all good countiers received in the indignity offered to Lord Ligonier, and on the advancement of——? Was this to shew princely gratitude to the eminent service of the accomplished Gene|ral of the house of Brunswick, who has had so great a share in rescu|ing Europe from the Yoke of France; and whose nephew we hope soon to see made happy in the possession of the most amiable Prin|cess in the World? Or, is it meant to assert the honour of the crown only, against the united wishes of a loyal and affectionate people, founded in a happy experience of the talents, ability, integrity, and virtue of those who have had the glory of redeeming their country from bondage and ruin, in order to support, by every art of corrup|tion and intimidation, a weak, disjointed, incapable set of——I will call them any thing but Ministers—by whom the Favourite still meditates to rule this kingdom with a rod of iron.

[End of the North-Briton.]

MAGNA CHARTA. CAP. 29.

No Freeman may be apprehended, or impri|soned, or disseissed of his Freehold, or LIBERTIES, or free Customs, or be outlawed or banished, or any wise destroyed. Nor will we pass upon him, nor condemn him, but by the lawful Judgement of his Peers, or by the Law of the Land.

As the Apprehension and Commitment of John Wilkes, Esq Member of Parliament, to the Tower, must have raised the curiosity of many people to know the circumstances attending it; the following detail of simple facts (upon which every reader will make his own comments) can|not be unseasonable, and are perhaps absolutely necessary to be laid before the public.

On Saturday the Thirtieth of April, at Ten in the Forenoon, three of his Majesty's messengers, by a warrant from the Secretary of State, seized on the Person of the said John Wilkes, Esq Mem|ber of Parliament; of which warrant the following is a true copy.

George Montagu Dunk Earl of Halifax Viscount Sunbury and Baron Halifax one of the Lords of his Majesty's most honourable Privy Council Lieutenant General of his Majesty's Forces, and Principal Secretary of State.

L.S.

THESE are in his Majesty's Name to authorize and require you (taking a constable to your assist|ance) to make strict and diligent search for the Authors Printers and Publishers of a seditious and

treasonable Paper intitled the North Briton Num|ber XLV Saturday April 23 1763 printed for G Kearsly in Ludgate Street London and them or any of them having found to apprehend and seize to|gether with their papers and to bring in safe custo|dy before me to be examined concerning the pre|mises and further dealt with according to law and in the due execution thereof all Mayors Sheriffs Justices of the Peace Constables and all other his Majesty's officers civil and military and loving subjects whom it may concern are to be aiding and assisting to you as there shall be occasion and for so doing this shall be your warrant. Given at St. James' the twenty-sixth day of April in the Third Year of his Majesty's Reign.

Signed Dunk Halifax,

Directed to Nathan Carrington John Money James Watson and Robert Blackmore Four of his Majesty's Messengers in ordinary.

N. B. The Officers had a verbal order to put this warrant in execution, by entering forceably into the house of John Wilkes, Esq Member of Parliament, at midnight; and those officers are (the hand bill says) now threatened with the loss of their places, for not complying with such ver|bal Instructions.

On the intimation of Mr. Wilkes, Member of Parliament, being in custody, a motion was made in the Court of Common Pleas, then fitting in Westminster-Hall, for a Habeas Corpus, which was

granted; though by reason of the prothonotory's office not being open, such Habeas Corpus could not be sued out till four o'clock in the afternoon.

Several Gentlemen, Friends, and Acquaintance of the said John Wilkes, Esq Member of Parlia|ment, applied for admittance into his house, which was then peremptorily refused by a pretended order from the Secretary of State; which order, though repeatedly requested, was not, nor could not be produced.

As no proper of legal authority appeared to countenance such refusal, the Gentlemen thought themselves no ways obliged to obey the verbal commands of officers acting only under verbal au|thority; and entered accordingly without further question or molestation from those officers.

Mr. Wood, the Deputy Secretary of State, be|ing sent for, demanded the reason of such forcible entry: It was replied, that no force had been used, and that the Gentlemen thought themselves legally justified in what They had done.

Soon after this (whether sent for, or not, does not appear) Phillip Carteret Webb, Esq Solicitor to the Treasury, came into the room, and some private conversation between him and Mr. Wood having past, the latter asked, if any Gentleman then present would attend or inspect the officers while they were sealing up all the papers in the house of Mr. Wilkes; or used words to the like effect.

Mr. Wilkes having declined to accept of the like offer, no person then present thought himself au|thorized to take upon him such inspection.

Notwithstanding it was known, that the Court of Common Pleas had granted an Habeas Corpus, of which fact Philip Carteret Webb, Esq Solici|tor to the Treasury, at that time at Lord Halifax's, was then well assured; yet was the said John Wilkes, Esq Member of Parliament, committed to the Tower of London.

His Solicitor and one of his council, soon after they heard of such commitment, went to the Tower, in order to consult with the said John Wilkes, about the legal methods to be pursued for his enlargement; but were denied admittance; Major Ransford informed them, that he had re|ceived orders from the Secretary of State, not to admit any person whatsoever, to speak with, or see the said John Wilkes: And further informed them, that he has just before refused the right honoura|ble the Earl of Temple such admittance.

On Sunday, May the first, the same gentlemen, between the hours of 12 and 1, called again, up|on Major Ransford, on the same occasion, but were again denied admittance, as were soon af|ter many Noblemen and Gentlemen of the first distinction, and Mr. Wilkes's own Brother.

After such denial, Mr. Wilkes's Solicitor de|manded of the Major, a copy of the warrant un|der which Mr. Wilkes was committed to the Tow|er; which was readily granted by the Major, and of which the following is a true copy.

Charles Earl of Egremont and George Dunk Earl of Halifax, Lords of his Majesty's most Honourable Privy Council, and Principal Secre|taries of State.

These are, in his Majesty's Name, to authorize and require you, to receive into your Custo|dy the Body of John Wilkes, Esq herewith sent you, for being the Author and Publisher of a most infamous and seditious Libel in|titled the North Briton Number 45: tend|ing to inflame the Minds and alienate the Affections of the People from his Majesty and to excite them to traiterous Insurrections against the Government. And to keep him safe and close until he shall be delivered by due Course of law and for so doing this shall be your Warrant Given at St. James', the 30th Day of April 1763 in the third Year of his Majesty's Reign.

L.S.

Signed EGREMONT. DUNK HALIFAX.

L.S.

To the Right Honourable John Lord Berkeley of Stratton Constable of his Majesty's Tower of Lon|don or to the Lieutenant of the said Tower or his Deputy.

Philip Carteret Webb, Esq Solicitor to the Trea|sury, then being present in the said Major Rans|ford's room, Mr. Wilkes's Council and Solicitor applied to the said Mr. Webb for admittance to the said Mr. Wilkes.

Philip Carteret Webb, Esq re-answered, He believed there must have been a mistake in the Orders, and that, if either of the Secretaries of

state were in Town, He would apply to Them, are obtain such admittance as aforesaid; and that he would either send or bring, an order for such ad|mittance in the afternoon.

Upon this assertion the said Mr. Wilkes's Coun|cil and Solicitor, between Eight and Nine o'Clock in the evening of the same day, again went to the Tower, and applied for admittance as aforesaid. The Major, having received no instruction from either of the Secretaries of State, of Philip Carteret Webb, Esq refused, as before.

On the morning of this day (Monday, the se|cond of May) the Court of Common Pleas order|ed a return to their writ of Habeas Corpus; which return not the appearing to the court to be suf|ficient, the court ordered, that the said return should not at present be filed: But, upon motion, granted another Habeas Corpus, directed to the constable and so forth of the tower of London.

Mr. Wilkes's solicitor and council, this same day, between the hours of two and three, again went to the tower, and made application to major Rans|ford for admittance to the said John Wilkes, Esq but were refused such admittance; major Ransford declaring, that he had received no orders from either of the Secretaries of State to that purpose. There appeared upon the table of the said major Ransford a written order for him to take down the names of all persons applying for admittance to Colonel Wilkes.

MAGNA EST VERITAS.

During his consinement, in order to divert the hours of iolitude, he wrote to his Daughter at Paris; and, having obtained a copy (which was sent open to the Earl of Halifax, in order to be forwarded) we take the liberty of presenting it to the public.

Tower, Sunday May 1, 1763.

My dearest Polly,

I Have got half an hour's leisure to pay my compliments to you, and to relieve you from the anxiety you will, from the kind affection you bear to me, be in at hearing of my commit|ment to this place. Be assured that I have done nothing un|worthy of a man of honour, who has the happiness of being your father. You shall never in future life blush for me. I am only accused of writing the last North-Briton, yet my sword has been taken from me, all my papers have been stolen by ruffians, and I have been forceably brought here. I have not yet seen my accusers, nor have I heard who they are. My friends are re|fused admittance to me. Lord Temple, and my Brother, could not be allowed to see me yesterday. As an Englishman, I must lament that my liberty is thus wickedly taken away. Yet I am not unhappy, for my honor is clear, my health good, and my spirit unshaken, I believe, indeed, invincible. The most pleas|ing thoughts I have, are of you, and the most agreeable news I can hear, will be the continuance of your health.

I beg you not to write a word of politics.—The knives you desired are almost finished, and are very elegant. If you with for any thing from England for yourself, or your friends, let me know, and I will give orders for it.

A propos, my dear girl, can you get me made Membre du Parlement de Paris, for our's has lost all their privileges? your's has a few lest.—My best compliments to Madam * 6.1. I hope to kiss her hands by the end of June, and that we shall all make our Tour together, and laugh at all the follies and rogueries of this country. Pray tell Baron * 6.2 that I have finished the business he recommended to me. Kiss for me once—and twice—. Have you been yet on any parties with them? Comment trouvez|vous l'Opera, l'Comedie, &c. Is your old acquaintance Miss Wriothelly still with the Dutchess of Bedford? How does the Person at the Ambassador's Chapel preach? Does M. Neville

make love to you? How do you like Mr. Pottinger? &c. &c. &c. &c. &c. Continue to love me, and believe, me with the greatest warmth of affection,

Your obliged Father, J...W.....

On Tuesday, May 3, at half an hour past ten in the morning, Mr. Wilkes was brought to the Bar of the Court of Common Pleas, where he made the following Speech, truly becoming a Man, and a member of the House of Commons.

My LORDS,

I Feel myself happy to be at last brought before a Court, and be|fore Judges, whose Characteristic is the love of liberty. I have many humble thanks to return for the immediate order you were pleased to issue, to give me an opportunity, of laying my grievances before you. They are of a kind hitherto unparalleled in this free country, and I trust the consequences will teach ministers of Scottish and arbitrary principles, that the liberty of an English subject is not to be sported away with impunity, in this cruel and despotic manner.

I am accused of being the author of the North Briton, No. 45. I shall only remark upon that paper, that it takes all load of accula|tion from the sacred name of a prince, whose family I love and ho|nor, as the glorious defenders of the cause of liberty, whose perso|nal qualities are to amiable, great, and respectable, that he is de|servedly the idol of his people. It is the peculiar fashion and crime of these times, and of those who hold high ministerial offices in go|vernment, to throw every odious charge from themselves upon Majesty. The author of this paper, whoever he may be, has, upon constitutional principles, done directly the reverse, and is therefore in me, the supposed author, meant to be persecuted accordingly.

The particular cruelties of my treatment, worse than if I have been a Scots rebel, this court will hear, and I dare say, from your justice, in due time redress.

I may perhaps still have the means left me to shew that I have been superior to every temptation of corruption. They may indeed have flattered themselves, that when they found corruption could not prevail, persecution might intimidate. I will shew myself superior to both, my papers have been seized, perhaps with a hope the better to deprive me of that proof of their meanness, and corrupt pro|digality, which it may possibly, in a proper place, be yet in my power to give.

He then pleaded by his council, Mr. Sergeant Glynn, for his discharge, alledging that his com|mitment was not valid. The point in debate last|ed from eleven o'clock till a quarter past two; he was offered the liberty of being bailed, which he refused; and after several learned arguments on both sides, he was remanded back to the tower; and his friends had, for the first time, the opor|tunity of free access to him.—At his departure from the hall, the acclamations of the people ec|choed, Liberty! Liberty! Whigs for ever, and no Excise!—The court then adjourned till Friday the 6th of May, at which time he was ordered to be brought up, in order that the affair should be final|ly determined.

His friends now embraced the opportunity of visiting him; and perhaps no prisoner in the tower of London ever before, was attended by such an illustrious train of Wellwishers.

During this respite his Majesty was pleased to issue orders to Lord Egremont, to discontinue him from his being a colonel in the militia of the county of Buckingham, which was signified to him in the following letters.

Whitehall, May 4, 1763.

MY LORD,

THE King having judged it improper, that John Wilkes, Esq should any longer con|tinue to be colonel of the militia from the county of Buckingham, I am commanded to signify His Majesty's Pleasure to your Lordship, that you do

forthwith give the necessary Orders for displacing Mr. Wilkes, as an Officer in the Militia for the said county of Buckingham.

I am, with great Respect, MY LOD. Your Lordship's most obedient Humble Servant, EGREMONT.

Copy. To the Earl Temple.

Pall-Mall, May 5, 1763.

SIR,

AT my Return last Night from the Tower, I received the inclosed Letter from the Earl of Egremont: In consequence of his Majesty's Commands therein signified, you will please to observe, that you no longer continue Colonel of the Militia for the County of Buckingham.

I cannot, at the same Time, help expressing the Concern I fell in the Loss of an Officer, by his Deportment in Command, endeared to the whole Corps.

I am, SIR, Your most obedient And most humble Servant, TEMPLE

To John Wilkes, Esq

To which Mr. Wilkes made the following sen|sible and genteel Answer.

Tower, May 5, 1763.

My LORD,

I Have this moment the honour of your Lordship's Letter, signify|ing his Majesty's Commands, that I should no longer continus Colonel of the Militia for the County of Buckingham. I have only to return your Lordship my warmest Thanks for the Spirit and Zeal

you have shewn in the Support of that Constitutional Measure from the very Beginning. Your Lordship will please to remember, that I was among the foremost who offered their Services to their Country at that Crifis. Buckinghamshire is sensible, and has always ac|knowledged, that no Man but your Lordship could have given Suc|cess to that Measure in our inland Country. I am proud of the Testimony your Lordship is pleased to give me, and I am happy, in these Days of Peace, to leave so amiable a Corps in that perfect Harmony which has from the Beginning subsisted.

I have the Honour to be, With unfeigned Respect, MY LORD, Your Lordship's most obedient, And most humble Servant, JOHN WILKES.

Copy To the Earl Temple.

Here it will not be improper to insert some de|tached Pieces published in the Public Papers re|lative to the Affair, in order to render this Pub|lication more entertaining and complete. The two following were printed in the Public Ledger, on Friday, May 6th, the Day fixed for the De|cision of this important Affair.

To the Printer of the PUBLIC LEDGER.

Remember, O my Friends, the LAWS, the RIGHTS, The generous Plan of Power delivered down, From Age to Age, by your renowned Forefathers; So dearly brought, the Price of so much Blood: O let it never perish in your Hands, But piously transmit it to your Children. Do thou, great LIBERTY, inspire our Souls, And make our Lives in thy Possession happy, Or our Death GLORIOUS in thy just Defence. CATO.

IS there one man, one Englishman, I mean that will not now subscribe to the above quoted lines?

When the people in Westminster-Hall shouted Mr. Wilkes with a plaudit of approbation, it was said to be the voice of clamour. His reply was, No, Sir, it is the voice of LIBERTY. We are now fluctuating between hopes and fears; we are alarmed for our liberty, and it is this, is the crisis by which we may judged of both PREROGA|TIVES.

However trifling this present contest concern|ing the legality of a particular warrant, may seem, to the inattentive part of this nation, thinking per|sons cannot help being alarmed, greatly alarmed, at what may be the consequence, especially when persons already begin publickly to give it as their opinion, that those who expressed themselves by the common methods of approbation, such as clapping of hands, ought to be committed for it.

But thank God, our laws, our liberties, our rights, are not in such peoples possession; they would deal about their power as Phaeton, when driving the fun's chariot, did his father's rays, to the detriment and destruction of the world he should have cherished.

I am yours, &c.

To the Editor of the PUBLIC LEDGER.

The CONTRAST.

COL. WILKES is a contrast to those that have been prisoners, in that repository of rebellious and tyrannical SCOTS, the Tower, of London.

He is a staunch Whig; they were notorious Jacobites.

He is zealously attached to our present royal fa|mily of Brunswick, the glorious maintainers of our civil and religious rights.They were bigot|ted to the tyrant family of the Stuarts, who for repeated attempts to enslave a free people, and re|duce them to the state of SCOTCH VASSALS, was BANISHED.

His conduct has been steady. He was a Whig by family, and he remains so, though Whigs are discarded, and Tories promoted. He was a Whig in 1745, when the Scotch were in Arms against our KING, our LAWS, and our RELIGION. He was at that time a friend to LIBERTY. When the Scotch were in arms, in the cause of Popery, Slavery, and Arbitrary Power. He was a Friend, may he revered the Duke of Cumberland, because he crushed the Scotch Rebellion; for which rea|son he is deserted by the Scotch.

Col. Wilkes's Attachments to the present Royal Family has been gratis: Where is the SCOT that can say the same?

Col. Wilkes, with all his true English Merit, his Zeal for our KING, his Detestation of his MI|NISTRY; his Opposition to the Extension of the EXCISE; his Support of the LIBERTY of the PRESS; his Attention to the Privilege of PARLIA|MENT; and his Attachment to the HABEAS COR|PUS, is, in the Scotch Administration, rewarded with being a close Prisoner in the Tower, and treated with a Severity unknown to a Rebel SCOT. While the Scotch, who supposed Affection, and whose Change of Principles, bear Date with their

Commissions, or Patents, and whose Loyalty is an Appurtinance to Office, and will expire with the Loss of it, are the Rulers of the English. OTER|RIBLE!

I, and every other WHIG, and true Englishman most devoutly pray for the Welfare of our present excellent Sovereign GEORGE the THIRD; and that his Reign may be long, and happy. To ob|tain the latter, they with him a Ministry not to|tally obnoxious to the People; nor absolutely ig|norant of their duty, not quite regardless of our liberties. A Ministry who neither loves the EX|CISE, nor detests, through FEAR, the liberty of the PRESS.

I am, Sir, yours, &c.

On Friday, May 6, about eight o'clock in the morning, Mr. Wilkes was brought from the Tow|er, attended by the proper officers, and reached Westminster-Hall about nine. The Lord Chief Justice and the other Judges came about the, and the court being assembled, Mr. Wilkes himself opened the business upon which they were met, with the following Speech, which was handed about the next day.

My Lords,

FAR be it from me to regret that I have passed so many more days in Captivity, as it will have afferded you an opportunity of doing, upon mature reflection, and repeated examination, the more signal justice to my Country. The Liberty of all Peers, and Gentlemen, and what touches me more sensibly, that of all the midling and inferior class of people, who stand most in need of pro|tection, is in my case this day to be finally decided upon: A ques|tion of such importance as to determine at once whether English Li|berty be a Reality or a Shadow. Your own free-born hearts will

feel with Indignation and Compassion all that load of oppression under which I have so long laboured. Close Imprisonment, the effect of premeditated malice; all access for more than two days denied to me; my house ransacked and plundered; my most private and secret concerns divulged; every vile and malignant infination, even of High Treason itself, no less industriously than falsly circulated, by my cruel and implacable enemies, together with all the various in|solence of office, form but a part of my unexampled ill treatment. Such inhuman principles of Star-Chamber Tyranny will, I trust, by This Court, upon this solemn occasion, be finally extirpated, and henceforth every innocent man, however poor and unsupported, may hope to sleep in peace and security in his own house, unviolated, by King's Messengers and the arbitrary Mandáates of an over-bearing Secretary of State.

I will no longer delay your justice. The Nation is impatient to hear, nor can be safe or happy, till that is obtained. If the same persecution is after all to carry me before another court, I hope I shall find that the genuine Spirit of Magna Charta, that glorious in|heritance, that distinguishing characteristic of Englishmen, is as re|ligiously revered there, as I know it is here, by the great personages, before whom I have now the happiness to stand; and (as in the ever memorable case of the imprisoned Bishops) that an independent Jury of free-born Englishmen. will persist to determine my sate as in con|science bound, upon constitutional principles, by a vereict of Guilty or Not Guilty. I ask no more at the hands of my countrymen.

When Mr. Wilkes had made an end, that dis|tinguished ornament to justice and humanity, Lord Chief Justice Pratt, stood up, and delivered the opinion of the Court to the following purport, arranging the matter in question under these three separate heads.

First, The legality of Mr. Wilkes's Commitment.

Secondly, the necessity for a specification of those particular passages in the 45th number of the NORTH BRITON, which had been deem'd a Libel. And,

Thirdly, Mr. Wilkes's Privilege as a Member of Parliament.

In regard to the first, his Lordship remarked, That he would consider a Secretary of State's Warrant thro' the whole Affair, as nothing supe|rior to the Warrant of a common Justice of the Peace; and that no Magistrate had in reality a Right ex officio to apprehend any Person, without stating the particular Crime of which he was ac|cused; but at the same Time he observed there were many Precedents where a nice Combination of Circumstances gave so strong a suspicion of Facts, that tho' that Magistrate could not be justi|fied ex officio, he was nevertheless supported in the Commitment, even without receiving any particu|lar Information for the Foundation of his Charge. The Word Charge, his Lordship took Notice, was in general much misunderstood, and did not mean the Accusation brought against any Person taken up, but his Commitment by the Magistrate before whom be might be brought. Upon the Whole of this Point, according to the customary Rule, which had been for a Series of Years observed by the Sages of the Law, even in the Reign of Charles the Second, when this Matter was to frequently contested, his Lordship was of Opinion, that Mr. Wilkes's Commitment was not illegal.

In relation to the next Article, which required a Specification of the particular Passages in the 45th North Briton, which were deemed a Libel, his Lordship took Notice that the Insertion of these Passages, so far as they related to the Point in Question, was not at all necessary; for even sup|posing the Whole of the 45th North Briton had been

inserted in the Body of the Warrant, yet it by no Means came under his Lordship's Cognizance at that Time; for the Matter in Consideration then was, not the Nature of the Offence, but the Le|gality of the Commitment; the Nature of the Offence not resting in the Bosom of a Judge, without the Assistance of a Jury; and not being a proper subject of Enquiry, till regularly bro't on to be tried, in the customary Way of Proceeding.

With respect to the third and last Point, How far, Mr. Wilkes had a Right to plead his privilege as a Member of Parliament, my Lord Chief Jus|tice remarked, that there were but three Cases which could possibly affect the Privilege of a Mem|ber of Parliament, and these were Treason, Felony, and the Peace. The Peace as it is written in the Institutes of the Law, his Lordship explained to signify a Breach of the Peace: He remarked, that when the Seven Bishops were sent to the Tower, the Plea which was used when the Spiritual Lords contended for their Privilege, was, that they had endeavoured to disturb the Peace. This, at that Arbitrary Time, was judged sufficient to forfeit their Privilege, but remarked his Lordship, out of the four Judges then upon the Bench, there was but one honest Man; that was Powel, and he declined giving any Opinion. This great and good Man then answered, that the Privilege of Parliament should be held sacred and inviolable, and as there were but three particular Cases in which that Privilege was forfeited, it only remain|ed to examine how far Mr. Wilkes's was endanger|ed.

Mr. Wilkes stood accused of writing a Libel, a Libel in the Sense of the Law was a High Mis|demeanour; but did not come within the Descrip|tion of Treason, Felony, or Breach of the Peace, At most it had but a tendency to disturb the Peace, and consequently could not be sufficient to destroy the Privilege of a Member of Parliament.

Thus this Point of Privilege was determined, and Mr. Wilkes immediately discharged, through the universal Acclamations of an incredible Num|ber of Spectators, all impatient to know the Re|sult of so important a Question. He had however been scarcely discharged, when a Gentleman of Eminence in the Law stood up, and told my Lord Chief Justice, that he had just received a Note from the Attorney and Solicitor General, to in|treat his Lordship would not give Mr. Wilkes leave to depart till their coming, which would be instant, as they had something to offer against his Plea of Privilege. The Motion was however heartily laughed at by the whole Court, as that Gentleman had been discharged already, and the Question finally ended.

'Tis impossible to do sufficient Honour to that amazing Power of Elocution, and Depth of Un|derstanding which My Lord Chief Justice displayed upon this Occasion; he was florid without Parade, and profound without Oftentation; to say all, in one Word, he was a perfect Image of Integrity the most refined, and Wisdom the most elegant. After the Court had proceeded to give their Opini|on, and Mr. Wilkes, was ordered to be discharged,

he then addressed himself to the Court in the Words following:

My Lords,

GREAT as my Joy must naturally be at the Decision which this Court, with a true Spirit of Liberty, has been pleased to make concerning the unwarrantable Seizure of my Person, and all the other consequential Grievances, allow me to assure you, that I feel it far less sensibly on my own Account, than I do for The Public. The Sufferings of an Individual are a trifling object, when compared with the Whole; and I should blush to feel for Myself in Comparison with Considerations of a Nature so transcendently superior.

I will not trouble you with my poor Thanks.—Thanks are due to you from the whole English Nation, and from all the Subjects of the English Crown. They will be paid you together with every Testimony of Zeal and Affection to the learned * 14.1 Serjeant who has so ably and so constitutionally pleaded my cause, and in mine (with plea|sure I say it) the Cause of Liberty. Every Testimony of my Grati|tude is justly due to you, and I take Leave of this Court with a Veneration and Respect, which no Time can obliterate, nor can the most grateful Heart sufficiently express.

When Mr. Wilkes had ended, the Audience burst into an univer|sal Shout, which was often repeated. Mr. Wilkes said some little Time in a Room adjoining to the Court, in Expectation that the Croud would disperse: At last, finding there was no Likelihood of their dispersing, he walked out of the back Door of the Common Pleas, and was received by a prodigious multitude of People, who attended him, amidst continual Acclamations, to his House in Great George|Street, Westminster. As soon as he got in, he went into his Dining Room fronting the Street, and throwing open his Windows, politely paid his Compliments to the People, who joined in the most ser|vent Prayers and Wishes for the Continuance of his Health and Life.

The Evening concluded in several Parts of the Town in a different Manner from the preceding one (though it was the Day appointed for a general Thanks giving on account of the Peace Bonefires and Illuminations were displayed, and the Friends of Liberty spent the Night with an uncommon Satisfaction and Festivity. In short, there never was so much Pleasure to be seen in the Countenances of all Ranks of People on any other occasion.

The next Day the following Letter was printed, and some Thou|sands dispersed through this Metropolis.

A Copy of a Letter.

Great George Street, May 6, 1763.

On my Return here from Westminster-Hall, where I have been discharged from my Commitment to the Tower under your, L——'s Warrant, I find that my House has been robbed, and

am informed that the Stolen Goods are in the Possession of one or both of your L——ps. I therefore insist that you do forthwith return them to

Your humble Servant, JOHN WILKES.

Having given the foregoing candid and complete Account of the Proceedings relative to Mr. Wilkes, we cannot quit the Subject without making some Reflections on this unconstitutional Affair.

By the Laws of England, every Man is sup|posed to be innocent, till it be proved that he is guilty, and has a Right, when accused of any Crime, to make Use of the best Means he can for his Defence. This fundamental Principle was so far violated in the Case of Mr. Wilkes, that, for more than two Days, he was denied the Privi|lege of seeing any Person whatsoever. This surely is making an English Prison but little better than the French Bastile, where Men are often taken up, confined, and executed, without so much as know|ing any Thing of the Crime they are charged with, or even seeing the Face of their Accusers.

Justice and Humanity demands that every man should be allowed the Advice and Assistance of his Friends, to clear up his Character and Repu|tation to the World. It is the Business of Justice to furnish every Opportunity, instead of denying it; and whenever a man is refused this, we can't avoid thinking that his Enemies are less solicitous about the Nature of his Offence, than studious about his destruction; and that so far from pro|secuting from and equitable View, they rather pro|ceed from Motives of a Nature easily to be guessed at, though not so safe to be named.

It is impossible for a man to make a regular Defence without the Help of legal Advice. There|fore to refuse a Prisoner the Benefit of Council, is diametrically opposite to the fundamental Spirit of the British Constitution, which, so far from wanting to condemn, wishes nothing more than to give every Advantage of proving the Innocence of the unhappy Culprit: For if a man is not al|lowed to prepare for his Defence, Sentence may as well pass upon him at once, without the useless Parade and idle Formality of a Trial. How far this had like to have been the Case with Mr. Wilkes, let every unbiassed Person decide within himself, had not the spirited and patriotic Efforts of Lord Temple, and other noble Patrons of Liberty, gone Hand in Hand with his Resolution, Steadiness, and persevering Disposition.

What heavier Crime can be laid to a Subject's Charge than Treason against so gracious a Sove|reign as this Nation is at present blessed with?—And what Reparation is to be made Mr. Wilkes, for the Confinement of his Person, and Injury in|tended his Character? Shall a British Senator suf|fer such Violence and Indignity without finding Redress from the Laws of his Country, merely for standing foremost in the Cause of Liberty!—Forbid it Heaven!

It we look through the whole Course of Mr. Wilkes's Life, we shall find that Liberty has been the governing Principle of all his Actions. He has always been ready to serve our gracious Sove|reign and his Family, knowing his Government

to be founded on Liberty. His was the daring Task to rescue the Royal Person from ill-placed Imputations, and fix them on the Ministers, who alone ought to bare the Blame, nay, the Punish|ment, of their unconstitutional Proceedings. He had the Virtue in these Days of Corruption, to re|sist the most advantageous and lucrative Offers, in order to seduce him to their Party; and rather than associate with Men, who are Enemies to the Liberty of this Country, he chose to suffer the se|verest Persecutions. Hitherto he has had the Happiness to surmount every Difficulty, in a Man|ner becoming an Englishman, and the Friend and Guardian of our Liberties; and as the Validity of the Warrant by which he was committed, will soon be called in Question by Mr. Wilkes, in the Court of Common Pleas, we shall say no more on that Head, until its Legality shall have received a Judicial Determination in that Court; when we shall resume the Subject, and give a further Ac|count of the Affair.

We shall conclude at present with some enter|taining Pieces relative to the Subject:

To John Wilkes, Esq Member of Parliament for Aylesbury, in the County of Buckingham.

SIR,

I Take this publick Occasion to congratulate you upon your having been committed to the Tower; and to express my Gratitude to you, as I am an Individual of this Free People, of

whose Rights and Liberties you stand forth as a Zealous Asserter.

To suffer in the Cause of Virtue, and of public Virtue in particular, is the highest Merit, but be|ieve me, Sir, ministerial Rage has done quite another Thing than it intended; it has committed an Act, which has laid a certain Foundation for transmitting your Name to Posterity, among the 〈◊〉〈◊〉 of Patriots famous for the Love of their country. The Liberty of the Subject has been ••••acked in your Person; and is therefore concern|ed in your Safety; and there is not a Man in En|gland who has not been conversant in Bribery or corruption, or the Writer or Tool of such, but will hereafter mention your Name with Love and Honor.

Vain have been the Attempts, and (if there be any judging with Certainty of the human Kind) always vain will be any Attempts to brand you with Disaffection to your Sovereign. Those who know you well, must testify your Loyalty, Affec|tion, and Zeal for his most gracious Majesty, and the illustrious House of Hanover; and your pub|lick Conduct has been constantly animated by Re|••••••tion Principles (the only Support of this free Nation) which will never admit the Glory and Honour of the Crown, and the Prosperity and happiness of the People, to have opposite or diffe|rent Interests, or that either can flourish while the other languishes; and there is not a Man of Sense who is your Opposer, but is in his Consci|••••en convinced that such are your Principles,

though he be too much warped by Prejudice arising from private Views, to allow you your just Ap|plause.

When such Men as you charge evil Ministers with pernicious Measures, their trite Artifice you know is to cry out that Disrespect is levelled at the Sovereign, and the Measures imputed to him What is this, but in Effect vesting themselves with Sovereignity! But as we all know that the 〈◊〉〈◊〉 is fenced about by our Laws in so sacred a Man|ner, that it is impossible for him to do wrong and that every Misconduct is therefore charges upon the Minister only, who advises; that M••••••|ter who tells his Sovereign that bad Measures, imputed to him, taking Shelter at the same Time under his Wing; this, I say, is the proper 〈◊〉〈◊〉 upon whom the Violation of Majesty should charged: This is he who should be deemed guilty of Tr—son.

It is an unhappy circumstance which 〈◊〉〈◊〉 almost all Princes, that from the Instant they be to govern, they are forever precluded from 〈◊〉〈◊〉 Advantages of sincere Friendship, and are sur|rounded only by those who act from no other Motives than those of Self-interest and Design and are under a Necessity to conduct themselves by the Informations of such. Go on then, gene|rous Sir, to exert that honest and active Spirit which has already gained you so great an Intend in the Hearts of your Fellow-subjects, as by your Perseverance in public Virtue will doubtless be|come universal: Assert the Rights of your 〈◊〉〈◊〉

citizens, and keep a watchful and jealous Eye over the Servants of your Prince, and bring into the Light the iniquitous Attempts of corrupt Mi|nisters, to separate the Interest and Glory of his Majesty from the Prosperity and Happiness of his People, or to raise Distrusts between them: This will make those of your Fellow-subjects who shall never see your Person, take Pleasure in your Name, and call your their Friend; and will gain you an Appellaition of the truest and greatest Honour in Human Life, that is a Guardian of the Rights of a Free People.

I am, Sir, Your most obliged Fellow-subject, and Humble Servant, N. F.

May 6, 1763.

ORDERS issued by the Lieutenant-Governor of the Tower, respecting the Detention of JOHN WILKES, Esq

THAT the Warders appointed to keep a close Prisoner, shall not presume to leave him for a Moment alone, either Nights or Day, or to change their Duty with other Warders, but by particular Leave or Order from the Constable, Lieutenant, Deputy Lieutenant, or in their Ab|sence the Major of the Tower.

They are to permit no Person to have admit|tance into the Room he is confined in, or to speak to him but by a particular Order brought them by the Major or Gentleman Gaoler.

To the Editor of the public Advertiser.

SIR,

I Make Use of the Channel of your Paper to in|vite the Public to join with me in Admirati|on of the Sentiments and Expression of the Letter of a noble Earl. Cautious, you see, and, like the Person it was addressed to, double guarded, (for it was to be conveyed into the Tower, among Messengers who might seize, and might be copied by Secretaries who might give verbal Orders to misinterpret it) and yet so expressive, that it will suit one Person and one Subject full as well as ano|ther; for Instance, it was originally written from Lord T—7mdash;to J. W. Change but the Names, and it might with equal Properiety be sent back from J. W. to Lord T——

Pray observe.

My LORD,

May 6, 1763,

At my return this Morning from the Tower, I saw the enclosed Copy of a Letter from the Earl of——In consequence of his Majesty's Commands therein signified, you will please to observe that you no longer continue Lord Lieu|tenant fro the County of Buckingham.

I cannot at the same Time help expressing the Concern I feel at the Loss of an Officer (a Lieutenant is an Officer) by his Deportment in Command endeared to the whole Corps.

I have the Honour to be, &c.

Shew me a Letter from either of the S——s of State which bears this double Edge, I shall cease to wish the Noble E. in Possession of the Seals.

SIR,

IN case a late close-confined Offender dares to give the Public any Comments on his deserved Treatment, I beg Leave (begging Pardon for this Intrusion on your Press) to recommend the fol|lowing by Way of Motto.

One, two, three, four, and five, I caught a Hare alive; Six, seven, eight, nine, and ten, I let him go agen.

J. FLIMZY.

St. Clement's Coffee-house.

A LETTER versified.

SIR,

RETURNING last Night to Pall-Mall from the Tower, 'Tis needless to tell you exactly the Hour, I found on my Table, and read, tho' 'twas late, A Letter (enclosed) from the Secretary of State. You'll ask, was't a Warrant? No—we've nothing to fear, You've the Mob, I've the J..dg..s, and you know I'm a Peer, But Commoners now may do any thing there. The King (and in this I must see him obey'd) Directs you no longer to wear a Cockade; So you'll please to observe, as I do to my Sorrow, That you're turned out to day—as I may be to-morrow. To be turn'd out just now, and the Service so pressing, The Concern I feel at it, I can't help expressing; This is one of those grievances much want redressing. Such an Officer too—so esteem'd throughout Life, So virtuous, so honest, so fond of his Wife. By Department humane, to the Corps so endear'd, So patient in Marches, in Quarters so fear'd. They could hardly treat worse that Scottish Lord S——ll, Then judge how it grieves your Affectionate

POLITICAL INTELLIGENCE.

Great George-Street,May 1.

SIR,

IN answer to your Letter of Yesterday, in which you take upon you to make use of the indecent

and scurrilous Expressions of your having found your House had been robb'd, and that the stolen Goods are in our Possession; we acquaint you that your Papers were seized in Consequence of the heavy Charge brought against you, for being the Author of an infamous and seditious Libel, tend|ing to inflame the Minds, and alienate the Affec|tions of the People from his Majesty, and excite them to traiterous Insurrections against the Go|vernment; for which Libel, notwithstanding your Discharge from your Commitment to the Tower, his Majesty has ordered you to be prosecuted by his Attorney General.

We are at a Loss to guess what you mean by stolen Goods; but such of your Papers as do not lead to a Proof of your Guilt, shall be restored to you: Such as are necessary for that Purpose, it was our Duty to deliver over to those whose Office it is to collect the Evidence, and manage the Pro|secution against you. We are,

Your humble Servants, EGREMONT, DUNK HALIFAX.

To Mr. Wilkes.

MY LORDS,

Great George-Street,May 9, 1763.

LITTLE did I expect when I was requiring from your Lord|ships what an Englishman has a Right to, his Property taken from him, and said to be in your Lordship Possession, that I should have received in answer, from Persons in your high Station, the Expressions of indecent and scurrilous applied to my legal Demand. The respect I bear to his Majesty, whose servants it seems you still are, though you stand legally convicted of having in me violated, in the highest and most offensive Manner, the Liberties of all the Commons of England, prevents my returning you an Answer in the same Billinsgate Language. If I considered you only in your

private Capacities, I should treat you both according to your Deserts; but where is the Wonder that Men, who have attacked the sacred Liberty of the Subject, and have issued an illegal Warrant to seize his Property, should proceed to such libellous Expression? You say, that such of my Papers shall be restored to me, as do not lead to a Proof of my Guilt. I owe this to your Apprehension of an Action, not to your Love of Justice; and in that Light, if I can believe your Lord|ships Assurances, THE WHOLE will be returned to me. I fear neither your Prosecution, not your Persecution; and I will assert the Security of my own House, the Liberty of my Person, and every Right of the People, not so much for my own Sake, as for the Sake of every one of my English Fellow-Subjects.

I am, my Lords, your humble Servant, JOHN WILKES.

Directed to the Earls of Fgremont and Halifax, two of his Majesty's principal Secretaries of State.

On Saturday Morning Mr. Wilkes in Person, at|tended only by Mr. Grignion, of Russel-Street, Co|vent-Garden, went to Sir John Fielding's in Bow-Street, and demanded a Warrant to search the Houses of the Earls of Egremont and Halifax, his Majesty's Principal Secretaries of State, for Goods stolen from the House of the said Mr. Wilkes, which he had received Information were lodged at the said Houses, or one of them. John Spinnage, Esq the Sitting Justice, refused to issue the said Warrant.

To the Printer of the PUBLIC ADVERTISER.

SIR,

I BEG Leave to observe, that there was lately an Impropriety in a certain Gentleman's Man|ner of Franking, but he can now write himself, as usual, FREE, JOHN WILKES. Yours, &c.

A WARDER of the TOWER.

The following Extracts from the MONITOR of last Saturday, being aplicable to the Subject, we think proper to insert here.

THIS Writer proceeds to enquire, what those Things are, which a Man ought not to ut|ter either in Speech or Writing; and what a good Subject has a Right, and is bound in Duty, as well as Interest, to say.

"He ought not to speak Evil of the Ruler of the People, to cause Disaffection, or to raise Cla|mour, Murmurs of Discontent. He that ruleth with Justice, Judgement and Righteousness, is in|titled not only to our Obedience, but to our Ap|plause."

"He ought not to solicit any one to sell his Vote or Interest either in or out of Parliament. A free Election, and an uncorrupt Parliament is the best Security of our Constitution."

"He ought not to commend bad Men, nor bad Measures; nor defend Men in Power, whose Actions discover their Ignorance or bad Intentions."

"He ought not to favour passive Obedience, and Non-resistance; or to deny the Subject his Right to petition to the King against any Usurpa|tion upon Liberty in a free State. One Step more would reconcile such Advocates to Insallibility: For, if the Subject must take every Thing upon the Word and Authority of a Minister, it is no Matter whether he lives at London, or Rome."

"He particularly ought to be cautious whom he commends; for very often Praises, where not deserved, fit as aukwardly upon the great Man,

who does not fill his Post with Satisfaction to the Publick, as fine Cloaths upon those, who has not been used to Dress; and be careful how he de|tracts from the Merit of him, that has met with universal Applause for his Wisdom and Virtue; because it is not only the Height of Injustice, but it raises this Reflection,

If this Man with all his Virtues, Graces, and Successes be so despiseable; what must be thought of those that succeed him, should they not be able to plume themselves with the Graces of his Person, and Virtues, and glorious Events of his Administration?

"In a Word, it is equally unreasonable and unjust to praise and support, the great undeserv|ing Man, as it is to slight, abuse, and run down the Man, who deserves every Thing of his King and Country."

The following Letters, we are assured, are genuine, and the Originals of some of them in the Possession of the Earls of Egremont and Halifax. They are presented to the Public, because they bear an immediate Relation to the North-Briton, although they relate to a Paper of the 21st of August of the last Year.

LETTERS, &c.

MR. Secker presents his Compliments to Mr. Wilkes: He has been three Times at his House to wait on him from Lord Tolbot. Mr. Secker would be obliged to Mr. Wilkes to let him know, by a Note directed to him at Mr. Holford's, St. James's Palace, where and at

what Time Mr. Secker could speak to him this Af|ternoon. If he does not hear from Mr. Wilkes, will wait on him by 9 o'Clock To-morrow Mor|ning at his House.

Sept. 10. Half an Hour past 2 o'Clock.

Directed to John Wilkes, Esq

MR Wilker's Compliments to Mr. Secker, was not acquaint|ed till this Minute by his Note, that Mr. Secker had once called in Great George-Street. Shall be at Home from seven till eight this Evening, and as Mr. Wilkes shall be alone, he supposes at this Meeting Mr. Secker will bring no Company.

Great George Street, Friday Afternoon, Five, Sept. 10.

Directed to Mr. Secker, at Mr. Holford's, St. James's Palace.

MR. Secker's Compliments to Mr. Wilkes, he will wait on him alone this Evening between Seven and Eight.

St. James's.

Directed to John Wilkes, Esq

Bolton-Street,Sept. 10, 1762.

SIR,

AS I have received no Answer to a Letter I wrote to you on the 25th of August, and find, by sending to your House in Town, that I have no immediate Opportunity of seeing you, I am forced again by Letter to ask if you avow or dis|claim being Author of the Paper entitled the North-Britain of the 21st of August.

TALBOT.

Directed to Colonel Wilkes.

My LORD,

Great George-Street,Friday, Sept. 10.

I BEG your Lordship to do me the Justice to believe that I have never yet received the Letter to me at Winchester, which Mr. Secker tells me was sent there a Fortnight ago. I have just now

the Honour of your Lordship's by that Gentleman. Your Lord|ship asks if I avow or disclaim being Author of the Paper entitled. The North-Britain of the 21st of August. My Answer is, that I must first insist on knowing your Lord|ship's Right to catechise me about any anonymous Paper. If your Lordship is not satisfied with this, I shall ever be ready to give your Lordship any other Satisfac|tion becoming me as a Gentleman.

I am, my Lord. Your Lordship's most obedient, humble Servant, JOHN WILKES.

Directed to Earl Talbot

MY LORD,

WINCHESTER,Sept. 14. 1762.

I LEFT Winchester, with Lord Effingham's Leave, on the second of August, and did not return to this City, till the 12th of this Month. My Drum-Major brought me your Lordship's Let|ter Yesterday. I now return it with the Seal unbroke, as the clearest Demonstration that I never have read the Contents of it. I suppose they are the same, with the Letter I had the Honour of receiving and answering by Mr. Secker.

I am, my Lord, Your Lordship's most obedient humble Servant, JOHN WILKES.

Directed to Earl Talbot.

Bolton-Street,Sept. 12, 1762.

SIR,

I SUPPOSE you have, by this time, found the Letter I wrote directed to you at Winchester, and that hath acquainted you, why I addressed myself to Mr. Wilkes to enquire if the North-Briton of the 21st of August was written by him. I well know every Gentleman, who contributes to sup|port periodical Papers by his Pen, is not answer|able for all the Papers that appear under the Title of that which he affists: But I cannot conceive that any Man should refuse to assure a Person, who hath been the Object of the Wit of any Paper, that he was not the Author of a Paper he did not write. Every Man's Sense of Honour ought to

direct his Conduct; if you prefer a personal En|gagement to the Denying being the Author of a Paper that hath been so free with my Name; I, who am publickly affionted by that Paper, cannot, in Honour, avoid requiring the Satisfaction your seem most desirous to give. Be pleased to write or send to me as soon as you have determined what Part you will act. I shall be in London Thursday and Friday next, and this Day Se'nnighr, after which I shall not be in London till Thursday the 23d.

I am, Sir, Your humble Servant, TALBOT.

Directed to Colonel Wilkes.

My LORD,

WINCHESTER, Sept. 16, 1762.

I HAD not, till Yesterday, the Honour of your Lordship's Let|ter of the 12th, and embrace this earliest Opportunity of acknow|ledging it. Your Lordship has not yet, in my poor Idea, as|certained the Right you claim in interrogating me about the Paper of the 21st of August, and I will first know the very good Authority on which I am thus questioned, before I will return any Answer Whatever.

Your Lordship desires me to write or send to your as soon as I have determined what Part I shall act. I intended my first Letter should have made that sufficiently clear.

I am, my Lord, Your Lordship's very humble Servant, JOHN WILKES.

Directed to Earl Talbot.

Bolton-Street, Sept. 17, 1762.

SIR,

I HAVE this Instant received your's of the 16th, it is your own Declaration before Men of Truth and Honor, that you occasionally assisted the Paper called The North-Briton with your Pen:

That is the Foundation of my interrogating you about the North-Briton of the 21st of August—and whatever may be your Idea, mine is, that, when a Gentleman owns himself an occasional Author of an anonymous satirical Paper, any Person by Name ridiculed in such an Hebdomadal Perfor|mance hath a Right to ask the occasional avowed Writer, if he was the Author of the offending Paper.

You may now, Sir, answer my Question or not, I have offered to put myself on that Footing with you, that became a Man who hath Spirit, and is influenced by Honour—If you do not deny the Paper, I must and will conclude you wrote it.

Your humble Servant. TALBOT.

Directed to Colonel Wilkes.

My LORD,

Winchester, Sept. 21, 1762.

SUNDAY's Post brought me your Lordship's of the 17th, and by the Return of it this waits on your Lordship.

You are pleased to say that it is my own Declaration before Men of Honour, that I occasionally assisted the Paper called The North-Briton. I wish your Lordship had been more explicit, and had mentioned the Name of any one Gentleman before whom I made that Declaration. Was it made in publick? Or was it in private Conversation? Still I have the Misfortune of not yet seeing your Lordship's Right of putting the Question to me about the Paper of the 21st of August, and till I do, I will never resolve your Lordship on that Head, though I would any Friend I have in the World, who had the Curiosity of asking me, if it was in a civil Manner.

Your Lordship says, that if I do not deny the Paper, you must and will conclude I wrote it. Your Lordship has my free Consent to make any Conclusions you think proper, whether they 〈◊◊〉〈◊◊〉 or ill grounded; and I feel the most perfect Indifference about what they are, or the Consequences of them.

I intend at present to make a Tour on Thursday to the Isle of Wight. I shall return to this City the Beginning of the next Week.

I am, my Lord, Your Lordship's most humble Servant. JOHN WILKES.

Directed to Earl Talbot.

SIR,

Winchester,Sept. 30, 1762.

LORD Talbot by your Message has at last brought this im|portant Question to the precite Point, where my first Answer to his Lordship fixed it, if he preferred that. As you have only seen the two last Letters. I must entreat you to cast your Eye over those proceeding, because I apprehend they will justly an Obser|vation or two I made this Morning, when I had the Honor of pay|ing my Compliments to you at Camp.

Be assured that if I am between Heaven and Earth, I will be on Tuesday Evening at Tilbury's, the Red Lion at Bagshot, and on Wednesday Morning will play this Duet with his Lordship.

It is a real Satisfaction to me that his Lordship is to be accompa|nied by a Gentleman of Col. Berkeley's Worth and Honour.

This will be delivered to your by my Adjutant, who attends me to Bagshot. I shall not bring any Servant with me, From the Fear of any of the Parties being known. My Pistols only, or his Lord|ship's, at his Option, shall decide this Point.

I beg the Favour of you to return me the Letters, as I mean to leave Winchester this Evening. I have Lord Bruce's Leave of Ab|sence for ten Days.

I am with sincere Regard, SIR, Your very humble Servant, JOHN WILKES.

I hope that we may make a Partie quarrie for Supper on Tuesday, at Bagshot. Directed to Colonel Berkely.

SIR,

I HAVE read all the Letters and shall depend upon the Pleasure of supping with you at Tilbury's the Red-Lion at Bagshot, Tuesday Eve|ning. My Servant will attend me, as the going alone would give room for Suspicion, but you

may depend upon his following your Direction at Lagshot, and that he shall not be seen where you would not have him—I am much obliged by your favourable Opinion, and am

Your very humble Servant, N. BERKELEY.

Camp near Winchester,Sept. 30th, 1762.

FINIS.

Notes

• * 1.1

  Anno 13. Rich. II. "It is ordained and assented, That the King's castles and goals, which were wont to be joined to the bo|dies of the counties, and be now severed, shall be rejoined to the same counties."
• * 6.1

  W
• * 6.2

  J
• * 14.1

  Serjeant Glynn.