were found a

against whom two verdicts

but the most

(credite pofteri!)

him, and he was fuffered, notwithstanding the two convictions on record, together with an out-lawry, to depart in as full fecurity as any of the num

erous and astonished spectators. It was then the determination to have

The

delivered

was compofed, or rather

tranflated from the Latin, about that time, evidently as an of it. A week after this,

apology for the

Mr. Wilkes fent to the fheriff's officer to execute the capias utlagatum upon him at a fixed hour in his own apartment. He attended the officer into court the fame morning, on the 27th of april, but it was not till the 9th of june, when the out-lawry was reverfed. It was then at last declared originally null and invalid. This long delay was the more extraordinary, because by his exprefs. orders the council had refused to argue that point any more after the first hearing, although preffed to it by theHis reason was, that the public had declared an entire fatisfaction in the ftate of the argument, as left by Mr. Serjeant Glynn. reverfed

on

an error ftated by the ferjeant in the form, not on the —, on which the greatest ftrefs had been laid in the pleadings. This defect was the omiffion of two words, pro comitatu.

The little piece of chicane I have mentioned in the Englifh law is only to be paralleled by a fimilar nicety among the Romans, which gave the pretext to a like reverfal of the profcription of Cicero. The law against him was bad grammar and false latin, for the tense was miftaken. It was

drawn

drawn by Sextus Clodius, the Wb-n of the Roman bar, but instead of interdicatur it was interdictum fit, which Cicero declares rendered it null. At quid tulit legum fcriptor peritus, callidus? Velitis, jubeatis, ut M. Tullio aqua et ignis interdicatur? non tulit ut INTERDICATUR : quid ergo? ut INTERDICTUM SIT. Afterwards he obferves, Quid fi iis verbis fcripta eft ista profcriptio, ut fe ipfa diffolvat? He gives the reafons at large, quod factum non est, ut fit factum, ferri ad populum, aut verbis ullis fanciri, aut fuffragiis confirmari poteft? &c. &c.

I fhall now, fir, give you my opinion on another point of importance among the charges brought against Mr. Wilkes, He is faid to have spurned at all law and government, to have raised and fomented the riots and tumults, fo frequent of late years in this kingdom. The whole of his conduct demonftrates the injustice and malice of this charge. The diftractions and confufions in all public affairs fpring from a very different cause, from the general discontent of the people, who, in the fatal effects, obferve and fmart for the unhappy influence over the of a FREE country, which a man has obtained, who wants wisdom, and holds principles incompatible with FREEDOM, as Mr. Pitt said, although he has been contradicted by lord Cm. Mr. Wilkes has irreproachably the merit of a good fubject, for he has always paid a due respect to the laws, a reverence to the conftitution, an obedience to the power of the magiftrate, and to all just authority. Under repeated oppreffions by the hand of power he has only fought the legal redress. He has claimed the protection of the laws against acts of injustice, violence, and minifterial robbery. The laws have fully justified the appeal. His enemies have been convicted of many atrocious, illegal acts, and condemned by more than one fovereign court of juftice. He is indeed, fir, a man more finned against, than finning. After the harpeft provocations, the conduct of Mr. Wilkes has been cool, temperate and prudent. When he was released from the tower, he went foon into a retired part of Surry. He vifited his friends in the city, after that triumph of the laws in his perfon over ministerial tyranny, only in the most priVOL. III.

Mm

vate

vate manner, to avoid every poffibility of a tumult among the people, who thought him greatly injured, and had warmly espoused his cause in gratitude to a man, qui libertatem civibus ftabiliverat, in Tully's phrafe. He did not make a vain, foolish progress through several counties, like the mad tory parfon in queen Anne's time. He went only once into Buckinghamshire, and he chofe the king's birth-day for the time of his coming among his conftituents at Aylesbury, that the rejoicings on his return to them might distinguish that auspicious day. On the occafion he gave an entertainment to the Borough, after which he returned to town.

The fame spirit of moderation and prudence dictated all his future measures, and he ftudiously avoided every thing, which could inflame. Since his laft return to England, theCity and Middlesex elections have given us fresh proofs of his love of decency, peace, and order. He exerted himself during the whole time of the poll at Guildhall to preferve the peace of the city, and his laft words on quitting the huftings were, Gentlemen, I recommend it to you in the ftrongest manner to exert yourselves to preferve the peace and quiet of this great city. That attention to the public good in fuch a moment of humiliation to an unfuccefsful candidate carries with it in my idea particular merit, but the action, by which it was followed, gives it great luftre. The livery in general had been disgusted by the partiality of the firft city magiftrate, and irritated by the minifterial orders to vote for their creatures, which were iffued from fome of the boards. Those orders had appeared in most of the public prints. The people were fully informed of every transaction. They thought the election unfair from the beginning, and were farther provoked the last day, at the fhutting the great iron gates during the time of the poll, by which many of the livery were prevented getting into the hall. It was believed that they intended at the close, before the numbers could be caft up and proclaimed, to have seized and destroyed the poll books, that the whole proceedings, which they confidered as irregular, might be void. The moment of the clerks delivering the poil books to the fheriffs on the

buf

huftings in order to be caft up by them, was to have been the fignal. Mr. Wilkes was informed of this, and he prevented it by retiring as foon as the poll was finifhed, before the books could be caft up, even by the clerks, and delivered. The greater part of the people, as on the former days, followed Mr. Wilkes. All the other candidates remained in the hall with their friends, the sheriffs proceeded to caft up the books, and the declaration of the numbers on the final close of the poll was by this prudent measure made with very little confufion. The former days of the poll Mr. Wilkes had attended the cafting up of the books, even by the sheriffs, and the affixing of the numbers for public inspection at the upper end of Guildhall. One of the fuccessful candidates thanked him publickly, as he was retiring from the huftirgs, for the excellency of his conduct.

The Middlesex election furnishes another proof of the care Mr. Wilkes has taken to maintain decency and good order. A great riot was apprehended, which feemed to be the favourite, and indeed then became the only, refource of the other party. The out-lawry fubfifting, they had with the basest views moft falfely and infamoufly afferted in the public papers, that he might be killed like a wild beast, and ought to be shot like a mad dog, that such an action would be not only innocent, but meritorious. He difperfed through the county many thousand addreffes to the freeholders, entreating their affiftance for the preservation of the public peace, without a hint of his private fafety. He might certainly have been attended by a numerous cavalcade to Brentford. Many of the freeholders preffed it as a proper, and the ufual, measure; but he chose the most private manner, and went there the evening before the election with only one gentleman, whofe friendship he ranks among the honours and bleffings of his life. The election was carried through in the greatest freedom and order, with a general sobriety never before seen on fuch an occafion, entirely owing to the influence of Mr. Wilkes and his friends. On the fame principle of preventing even the poflibility of a tumult or riot, he deelined the being chaired, and other ufual honours.

I am afhamed, fir, to have dwelt fo long on a point, which may be proved by the whole of Mr. Wilkes's conduct. Even his present fituation has given him a glo rious opportunity, which I do not recollect has happened to any other man, of fhewing his obedience to the laws and to the civil magiftrate. After the refufal of bail by his judges before fentence, in his way to prifon he was refcued by his countrymen. The officers of juftice, who had the charge of him, were in the utmost danger. Mr. Wilkes had that day the happiness of preferving three lives, although perhaps not the three he would have chofen from the whole fpecies. Afterwards by a ftratagem, and in disguise, he escaped into the prifon, to which he had been fentenced in the morning. The marfhal foon came, ftill pale, trembling, and aghaft, ready to fall on his knees no less from fear than gratitude, thanked him in the warmest terms, and faid, it was impoffible he could continue in the king's bench prifon twenty four hours, if there was any honour in government. He has now been there above half a year, and I dare fay he will pass the next eighteen months in the fame place, for although the envenomed cause of all his, and the nation's, wrongs, is filed, yet the fting is left behind. The accursed thing is not now indeed in the midst of us, but we do not know how foon the vengeance of heaven may for our fins chaftife us in as full a measure of wrath as before. Since his letter to the king in the beginning of march, Mr. Wilkes has made no application to any person whatever respecting his pardon, and I prophecy that he will be left where he is till the 18th of April 1770, with only the teftimony of a good confcience, the fatisfaction of having done real fervices to his country, and the love of a grateful nation. He will then emerge with dignity and glory, for I believe he will have the confidence of the public enough to carry through many conftitutional points of liberty, in conjunction with other true lovers of their country, and perhaps to compleat the plan of freedom, which even the glorious revolution left imperfect.

In