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Wheble taken be

man Wilkes.

the custody of the Black Rod, by order of the Lords, was prevented from attending. Two of them, Baldwin and Wright, were reprimanded on their knees and discharged; and Bladon, having made a very humble submission, was discharged without a reprimand. Evans, who had also attended the order of the House, went home before he was called in, in consequence, it was said, of an accident to his wife. He was ordered to attend on another day; but wrote a letter to the Speaker, in which he questioned the authority of the House, and declined to obey its order. Lastly, Miller did not attend, and was ordered into custody for his offence.1

On the 14th March, Wheble, who was still at large, fore Alder addressed a letter to the Speaker, inclosing the opinion of counsel on his case, and declaring his determination "to yield no obedience but to the laws of the land." The next day, he was collusively apprehended by Carpenter, a printer,-by virtue of the proclamation,—and taken before Alderman Wilkes! This dexterous and cunning agitator had encouraged the printers to resist the authority of the House, and had concerted measures for defying its jurisdiction, and insulting its officers. He immediately discharged the prisoner, and bound him over to prosecute Carpenter, for an assault and false imprisonment. He further wrote a letter to Lord Halifax, the Secretary of State, acquainting him that Wheble had been apprehended by a person who" was neither a ccnstable nor peace-officer of the city," and for no legal offence, but merely in consequence of the proclamation,

"in direct violation of the rights of an Englishman, and of the chartered privileges of a citizen of this metropolis," and that he had discharged him."

1 Parl. Hist., xvii. 90, n.; Com. 2 Parl. Hist., xvii. 95. Journ., xxxiii. 250-259.

liver.

Alderman

On the same day, Thompson was apprehended by And Thompson another printer, and carried before Alderman Oliver at before the Mansion House; but "not being accused of having committed any crime," was discharged. In both cases, the captors applied for a certificate that they had apprehended the prisoners, in order to obtain the rewards offered by the proclamation; but the collusion was too obvious, and the Treasury refused to pay them.

ment of the messenger.

On the following day, a graver business arose. CommitHitherto the legality of apprehending persons under the proclamation, had alone been questioned; but now the authority of the House was directly contemned. In obedience to the Speaker's warrant for taking Miller into custody, Whittam, a messenger of the House, succeeded in apprehending him, in his shop. But Miller, instead of submitting, sent for a constable,-accused the messenger of having assaulted him in his own house,and gave him into custody. They were both taken to the Mansion House, and appeared before the Lord Mayor, Mr. Alderman Oliver, and Mr. Alderman Wilkes. Miller charged the messenger with an assault and false imprisonment. The messenger justified himself by the production of the Speaker's warrant; and the Deputy Sergeant-at-Arms claimed both the messenger and his prisoner. But the Lord Mayor inquired if the messenger was a peace-officer or constable, and if the warrant was backed by a city magistrate; and being answered in the negative, discharged Miller out of custody. The charge of the latter against the messenger was then proved; and Whittam, by direction of the Sergeant, having declined to give bail, was committed under a warrant, signed by the three magistrates. After his commitment, he was admitted to bail on his own application.

The Lord

Mayor (Brass

tends the

House.

The artful contrivances of Wilkes were completely successful. The contumacious printers were still at large; and he had brought the city into

open conflict with the House of Commons. The House was in a ferment. Many members who had resisted the prosecution of the printers, admitted that the privileges of the House had now been violated; but they were anxious to avert any further collision between the House, already too much discredited by recent proceedings,—and the popular magistracy of the city. The Lord Mayor, Mr. Brass Crosby, being a member of the House, was first ordered to attend in his place, on the following day; and afterwards Mr. Oliver, also a member, was ordered to attend in his place, and Mr. Wilkes at the bar, on other days.

At the appointed time, the Lord Mayor, though he had been confined for several days by the gout, obeyed Crosby) at the order of the House. His carriage was escorted by a prodigious crowd,-whose attendance had been invited by a handbill; and he was received with such acclamations in the lobby, that the Speaker desired it to be cleared of strangers.2 The Lord Mayor,--who was so ill as to be obliged to speak sitting,-justified himself by his oath of office, which bound him to protect the citizens in their rights and franchises. He stated that by the charters of the city, confirmed by Act of Parliament, no warrant, process, or attachment could be executed within the city but by its own magistrates, and that he should have been guilty of perjury, if he had not discharged the prisoner. He then desired to be heard by counsel, in support of the jurisdiction of the city. The Speaker intimated that the House could not hear counsel against

1 March 19th; Parl. Hist., xvii. 2 Cavendish Deb., ii. 422. 98; Cavendish Deb., ii. 400.

its privileges; and while this matter was under discussion, the Lord Mayor, being too ill to remain in the House, was allowed to go home. It was at length decided to hear counsel on such points as did not controvert the privileges of the House'; and the same right was afterwards conceded to Alderman Oliver.2 The scene was enlivened by Mr. Wilkes, who having been ordered to attend at the bar, wrote to the Speaker, with his usual effrontery, claiming to attend in his place, as member for Middlesex.3

nizances

So far the House had stood upon its unassailable Record of privilege of commitment; but now it proceeded to a recogviolation of the law, at once arbitrary and ridiculous. erased. The clerk to the Lord Mayor had been ordered to attend with the book containing the recognizance of Whittam the messenger; and on its production by that officer, he was ordered to expunge the entry at the table, which he accordingly did.1 While this scene was being enacted, most of the Opposition members left the House, in order to mark their reprobation of an act, by which a record was effaced, -over which the House had no authority, and the course of justice violently stayed. According to Lord Chatham, it was the "act of a mob, and not of a Parliament." 6

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saved from

The House then ordered that no prosecution should Messenger be commenced against the messenger, for his pretended prosecuassault. He was nevertheless indicted; and a true bill tion. being found against him, he was only saved by the Attorney-General, who entered a nolle prosequi.

Some delay ensued in the proceedings, in consequence

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Mayor and
Alderman
Oliver
heard in

their
places.

House.

The Lord of the continued indisposition of the Lord Mayor; but on the 25th March, he and Mr. Alderman Oliver attended in their places. They were accompanied to the House by immense crowds, who cheered them on their way. Before their case was proceeded with, the order for the attendance on that day of Alderman Wilkes,— the prime mover of all this mischief,—was discharged; the court and the ministers being fairly afraid of another contest with so dangerous an antagonist. The Lord Mayor now declined being heard by counsel; and after the reading of the city charters, and oaths of office, he briefly urged that he had acted in obedience to the laws and constitution, and appealed to the justice of the An endeavour was made to evade any further proceedings, by the previous question; but after an exciting debate,-interrupted by the shouts and uproar of the crowd, by which the House was surrounded',— resolutions were agreed to, declaring that the privileges of the House had been violated.2 The Lord Mayor had been allowed to go home early in the evening; when the crowd took the horses from his carriage, and bore Alderman him triumphantly to the Mansion House. Alderman Oliver com- Oliver being still in the House, was now called upon the Tower. for his defence. In a few words he said that he gloried in what he had done; that he was unconcerned at the punishment intended for him, and which nothing he could say would avert; " and as he expected little from their justice, he defied their power."3 Motions were immediately made that he had been guilty of a breach of privilege, and should be committed to the Tower; and after a debate, protracted,-by earnest protests remonstrances against this proceeding, — till half-past

mitted to

1 Parl. Hist., xvii. 125; Cavendish Deb., ii. 452, 454.

2 Cavendish Deb., ii. 461.
3 Parl. Hist., xvii. 125.

and

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