tion, with all the original papers, at the price of a guinea; and the North Briton again made its ap

pearance.

But this fhaft feemed to make little impreffion on thofe it was aimed at; for an information was filed against him in the court of King's Bench, at his majesty's fuit, as author of the aforefaid North Briton, No. XLV. And, as ufual in fuch cafes, on the meeting of parliament a meffage was fent to acquaint the lower house with the informations his majefty had received, that John Wilkes, Efq; a member of that house, was the author of a most feditious and dangerous libel; and with the measures that had been taken thereupon; and the examinations and proofs of faid libel were likewife laid before the house, and the North Briton, No. XLV, was adjudged "a false, fcandalous, and feditious libel, containing expreffions of the most unexampled infolence and contumely towards his majefty, the groffeft afperfions upon both houfes of parliament, and the most audacious defiance of the authority of the whole legiflature, and most manifeftly tending to alienate the affections of the people from his majefty, to withdraw them from their obedience to the laws of the realm, and to excite them to traiterous infurrections against his majefty's government; and or dered to be burnt by the hands of the common hangman.'

On the fame day Mr. Wilkes complained of breach of privilege, by the imprisonment of his perfon,

n

But Samuel Martin, Efq; member for Camelford, and late fecretary of the treafury, having been grofsly affronted in the North Briton, and prefuming, by what had paffed, and other informations received, that Mr. Wilkes was the author of that abuse, took an opportunity of demanding fatisfaction; on which a duel enfued, and Mr. Wilkes received a dangerous wound in the belly with a pistol-bullet. This occafioned various fpeculations, and men of moderate principles were willing to hope, that the divifions, by which the nation in general was agitated, would immediately fubfide by his death, which they looked upon as certain, and that all parties and difputes would ceafe, within doors and without, when that event happened. However, his indifpofition made no other alteration in the courfe of proceedings, than to difable him, if it had been fo determined, to anfwer to a complaint exhibited against him in the upper houfe for affixing the name of a member of that houfe to a most infamous, wicked, and blafphemous book, intituled 'An Effay on Woman'; which book was pub licly produced, to the eternal difgrace of every perfon concerned in writing and printing it As to publifhing this extraordinary pe: formance, it did not appear that there was agy intention to expofeit to fale. But about a dozen copies of it were printed for the ufe, it was faid, of a fele&t ̧ club, to which Mr. Wilkes had the honour to belong; and this, too, with fo much fecrecy, that it was by mere chance fome feraes of it got out of

the

feizing of his papers, and the ferving him with a fubpoena upon an information in the court of King's Bench, &c.

But to returns In the tourfe of bufineis, his majesty's melage com 3

tinued

tinued to be confidered, and the important question, whether privilege of parliament extends to the writing and publishing feditious libels, or ought to be allowed to obftruct the ordinary courfe of the laws in the fpeedy and effectual profecution of fo heinous and dangerous an offence, was finally determined in the negative; by which the authority of warrants from his majefty's principal fecretaries of ftate, and the commitments thereupon, feem, on all fimilar occafions, to be eftablifhed.

So folemn a decifion concerning privilege will, it is hoped, be attended with this good effect, that the ordinary employers of the prefs will be more cautious in their publications, when they perceive that even the great fenators of the realm are not permitted to patronize feditious writings.

When the sentence, paffed on the North Briton, came to be executed at the Royal Exchange, a great mob affembled there, who not only pelted the executioner, the conftables, and the inferior officers, with filth and dirt, but infulted the chief officers prefent in the groffeft manner; the fore-glafs of the chariot of Mr. Harley, one of the high fheriffs, and a member of parliament for the city of London, was broken by a billet thrown at his perfon, which was taken from the fire that was kindled to confume the North Briton. Harley being flightly wounded, and obferving the fpirit of licentioufnefs that prevailed among the multitude, haftened to the manfion house to appiife the lord mayor of the danger. The hangman thinking it his duty to follow the high fheriff, made his retreat too as foon after as he could; and the conflables, most of their ftaves being broken

Mr.

by the furious refiftance they had made, mixed among the crowd, and marched off without further oppofition. However, one of the rioters was taken, and the North Briton was partly confumed by means of a lighted link on which it was placed, by the zeal of the proper officers. The fcraps of it refcued from the flames by the violence of the affailants, were, it is faid, carried off in triumph, and in the evening difplayed at Temple Bar, where a bonfire was made, and a large jack boot committed to the flames in the room of them, amidst the acclamations of a vaft concourse of people.

The house of commons having taken cognizance of this riot, thanked the fheriffs of London for their fpirited behaviour on the occafion, and addreffed his majefty that he might order the offenders to be brought to juftice.

In confequence of this addrefs, a warrant was fent from the secretary of ftate's office to the lord mayor, directing diligent fearch to be made after the rioters; but it does not appear that any have yet been difcovered in confequence of this warrant.

The city of London did not appear to confider the affront thus offered to their officers in as heinous a light, as the house of commons did that offered to their order; for when, fome days after, at a court of common council, a motion was made, "That the thanks of this court be given to the hon. Thomas Harley, and Richard Blunt, Efq; fheriffs of this city, for their fpirited conduct in executing the order of both houfes of parliament, and vindicat ing the honour and authority of the magiftracy of this city, in the late dangerous riot in Cornhill on Saturday laft; and that Mr. William

Huffey,

his

Haffey, the city's follicitor, do profecute John Franklin, now a prifoner in Newgate, for the infolent affault committed by him upon the faid fheriffs in the execution of their duty; it paffed in the negative. Mr. Wilkes, not content with the complaint, which he had made to the houfe of commons, of a breach of their privilege in his perfon, commenced an action in the court of Common Pleas against Robert Wood, Efq; the under fecretary of ftate, for feizing papers; and, on the 6th of December, this caufe was tried before lord chief juftice Pratt, and a fpecial jury at the defendant's defire, when, after a hearing of near 15 hours, a verdict was given for Mr. Wilkes with 1000 1. damages; and full cofts of fuit. The counfel for Mr. Wilkes were Mr. Serjeant Glynn, the recorder of London, Mr. Stow, Mr. Dunning, Mr. Wallace, and Mr. Gardiner. For Mr. Wood, Sir Fletcher Norton, Mr. Serjeant Nares, Mr. Serjeant Davy, and Mr.

Yates.

It is faid the following words clofed the charge to the jury on this important occafion :

"This warrant is unconftitutional, illegal, and abfolutely void: it is a general warrant, directed to four meffengers, to take up any perfons, without naming or defcribing them with any certainty, and to bring them, together with their papers. If it be good, a fecretary of flate can delegate and depute any one of the meffengers, or any even from the lowest of the people, to take examinations, to commit or releafe, and, in fine, to do every act which the highest judical officers the law knows can do or order. There is no authority in our law books that mention these kinds of warrants, VOL. VI.

but in express terms condemn them.

Upon the matureft confideration I am bold to fay, that this warrant is illegal; but I am far from wifhing a matter of this confequence fhould reft folely on my opinion; I am only one of twelve, whofe opinions I am defirous thould be taken in this matter, and I am very willing to allow my felf the meanett of the twelve. There is also a ftill higher court, before which this matter may be canvaffed, and whofe determination is final; and here I cannot help obferving the happiness of our conftitution in admitting these appeals, in confequence of which material points are determined on the moft mature confideration, and with the greateft folemnity. To this admirable delay of the law (for in this cafe the law's delay may be ftiled admirable) I believe it is chiefly owing that we poffefs the best digefted and moft excellent body of laws which any nation on the face of the globe, whether ancient or modern, could ever boast of. If thefe higher jurifdictions should declare my opinion erroneous, I fubmit as will become me, and kifs the rod; but I must say, I fhall always confider it as a rod of iron for the chaftifement of the people of Great Britain."

man

Soon after this verdi was given for Mr. Wilkes, a knocked at his door, defiring to fpeak with him on particular bufinefs; but it appearing by his dialect, that he was a Scotchman, and being befides an entire ftranger, he was refufed admittance; on which he went away to a coffee houfe, near Parliament-freet, where a perfon made an affidavit that he overheard him declare, that himfelf and ten more men were determined to

cut Mr. Wilkes off, let the event be what it would, and next morning gave information of it by letter to to Mr. Wilkes, defiring him to be on his guard. Accordingly on Thursday morning, the perfon fworn against, as is fuppofed, bring. ing a letter to Mr. Wilkes's houfe, figned Alexander Dun, the purport of which was to beg an interview with him on an affair of the most interfting nature, he was defired to call again at one o'clock, which he did accordingly; and feven o'clock being then appointed, as he was going out at the parlour door, into Mr. Wilkes's bedchamber, two gentlemen, who had placed themfelves behind it, feifed him by each arm and flung him on his back. On searching him a new penknife was found in his pocket, which he pretended he had purchafed about nine months ago; on being farther queftioned, he faid fix months; and at last owned he bought it at Chatham about a fortnight fince. Upon this, he was taken immediately into cuftody by a tipftaff then prefent for that purpofe; was carried next morning before one of the judges; and a complaint likewife exhibited against him in the houfe of commons, who thereupon ordered the tipstaff, in whofe cuftody he was, to bring him to the bar; but when he was there, the houfe received fuch proofs of his being infane, ast engaged them to discharge him from any further appearances

When Mr. Wilkes had been wounded, as we have already relat ed, he gave notice of it to the houfe: of commons, who thereupon gave him time for his appearance, and afterwards enlarged it on the report of his phyfician and furgeon; but beginning at last, to fufpect fome collufion between him and

them, on the 16th of December, they ordered Dr. Heberden and Mr. Hawkins to attend him, in order to obferve the progress of his cure, and to report the fame to the house.

In confequence this order, Dr. Heberden next day fent the following letter to Dr. Brocklefby, Mr. Wilkes's phyfician:

"Dear Sir, Cecil-street, Dec, 17.

An order of the house of commons is come to Mr. Hawkins and me, to attend Mr. Wilkes from time to time, in order to obferve the progrefs of the cure, and to make a report to the house together with you and Mr. Graves. You will oblige us by acquainting Mr. Wilkes with this; and if you will let us know at what time you intend to fee Mr. Wilkes on Monday, we will be ready to meet you there. Mr. Hawkins defires that the appointment may be for fome hour after twelve.

I am yours, W. Heberden." And Dr. Brocklesby inclosed the above letter, with the order of the houfe, to Mr. Wilkes in the following letter:

"Dear Sir,

Late last night I received the inclofed letter from my moft ingenious and worthy friend Dr. Heberden, and alfo the inclofed copy of an order of the house of commons, to report upon your cafe on the 19th of January. I am therefore to entreat you to fix the hour for our attendance at your houfe on Monday, and I will take care to appoint Dr. Heberden and Mr. Hawkins.

Yours, &c. R. Brocklefby." In answer to thefe letters, Mr. Wilkes fent the following cards to Dr. Heberden and Mr. Hawkins. The card to Dr. Heberden was as follows:

1

.. Mr.

"Mr. Wilkes prefents his compliments to Dr. Heberden, and is duly fenfible of the kind care and concern of the house of commons, not only for his health, but for his fpeedy recovery. He is attended by Dr. Brocklefby, of whofe in tegrity and ability he has had the experience of many years, and on whofe fkill he has the most perfect reliance. Mr. Wilkes cannot, but fill be of opinion, that there is a peculiar propriety in the choice he at firft made of Dr. Brocklefby, for the cure of what is called a gunfhot wound, from the circumftance of the doctor's having been feveral years phyfician to the army; but at the fame time entertains a real elteem for Dr. Heberden's great merit; and though he cannot fay that he wishes to fee the doctor at prefent, he hopes in a few weeks he fhall be well enough to beg that honour to eat a bit of mutton in Great George-ftreet."

And that to Mr. Hawkins: "Mr. Wilkes prefents his compliments to Mr. Hawkins. He fome time ago, from motives of humanity, readily confented, at the requeft of Mr. Martin, to receive the vifits of Dr. Heberden and Mr. Hawkins. He is now acquainted that the honour Mr. Hawkins intends him, of a vifit to-day, is not at the defire of Mr. Martin; and therefore he begs that it may be deferred till he is more capable of enjoying company. He has every reafon to continue perfectly fatiffied with the conduct of Mr. Graves, a military furgeon of eminence, who extracted the ball. He hopes, in a few weeks, to be fo well recovered, as to be able to receive Mr. Hawkins in Great George-freet; and hall be impatient for an oppor

tunity of fhewing the just regard he will ever pay to fo diftinguished a character. Monday, Dec. 19"

In juftification, however, of the characters of Dr. Brocklefby and Mr. Graves, Mr. Wilkes fent for Dr. Duncan, one of his majesty's furgeons in ordinary, and Mr. Middleton, one of his majesty's ferjeant furgeons, who attended him accordingly.-The reafon he humoroufly gave to these two gentlemen, it is faid, for fending for them was, That as he found the houfe thought it proper that he should be watched, he himself thought two Sco:chmen most proper for his fpies.

This attention, however, of the house of commons to Mr. Wilkes's health feems, alone, to have had a happy influence upon it, for on the 24th he fuddenly fet out for France, to visit his daughter, as he himfelf gave out, then dangerously ill at Paris, and arrived there on the 26th.

Heads of an Act for granting to his Majefty feveral additional Duties upon Wines imported into this kingdom, and certain Duties upon all Cyder and Perry.

THAT from and after the 31ft day of March 1763, the fol lowing additional duties fhall take place, viz.

On French wine and vinegar imported Sl. per ton; and all other wines and vinegar imported, 41. per ton; to be collected, levied, and paid, as expreffed in the act of Jacobus II. or in any other act by which the duties thereby granted are made perpetual.

Damaged and unmerchantable wines fhall be exempted from these additional duties. [2] 2

The