Memoirs of the Reign of King George the Third, Volume 1 (of 4)Walpole, Horace
History
Memoirs of the Reign of King George the Third, Volume 1 (of 4)
Walpole, Horace
Great Britain -- History -- 1760-1789; Great Britain -- History -- George III, 1760-1820
The habeas corpus being granted, Wilkes was carried to the Court of
Common Pleas, May 3rd. He spoke for an hour, said “attempts had been
made to corrupt him, now to persecute him; he had been worse treated
than any rebel Scot.” The crowd in Westminster-hall gave a great shout;
the Chief Justice, with great dignity, reproved them. The judges took
time to deliberate. The people were profuse of their acclamations to
the sufferer.
On the 5th, he wrote a letter to his daughter (a child whom he had
placed in a convent in France for her education), and sent it open to
Lord Halifax; it congratulated her on living in a _free_ country. He
was the same day turned out of his commission in the militia.
On the 6th, being again conveyed from the Tower to Westminster-hall,
Pratt and the other judges of the Common Pleas unanimously discharged
him from his confinement; the Chief Justice delivering their opinions,
and dismissing him on his parliamentary privilege, “_because_, though
privilege of Parliament does not hold against a breach of the peace, it
does against what only _tends_ to a breach of the peace. The case of
the seven bishops was quoted; the judges Wright, Holloway, and Allibone
had been against them. Allibone, said Pratt, was a Papist; Wright and
Holloway had been appointed for the occasion; but Powel, an honest man,
had declared for the bishops. On the other hand, he quoted a recent
case of Lord Tankerville, who having been arrested on a prosecution for
bribery in the election for Windsor, the Lords had declared it a breach
of privilege”--we shall find how much less tender the Commons were of
_their_ privileges.
The Chief Justice had no sooner granted the enlargement of Wilkes,
than two of the King’s serjeants presented letters to the Court, from
the Attorney and Solicitor Generals, demanding to be admitted into
the Court, as the case concerned the King’s interest. The Attorney,
it is said, has a right of interfering in any Court where the King’s
interest is agitated; it is doubted whether the Solicitor has the same
prerogative. To both Pratt answered, that they had applied too late.
Now did the Court feel the consequence of having forced Pratt to be
Chief Justice against his will.
Public-domain text, read in full here on John Shaqi.
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