[99] The report of these proceedings by Sir James Burrow would in some measure justify this observation of Walpole, for there seems from it to have been much coquetting between the Bench and the Attorney-General (De Grey), and an apparent desire by each to shift the responsibility upon the shoulders of the other. In delivering judgment upon the two cross motions then before the Court, viz. that of the Attorney-General for Wilkes’s committal, and that of Serjeant Glynn that Wilkes should be admitted to bail, Lord Mansfield makes this remarkable admission:--“I have no doubt we _might_ take notice of him upon his voluntary appearance as the person outlawed and commit or bail him, but we are not absolutely _bound_ to do it without _some_ reason to excuse the going out of the regular course.” And in reference to the conduct of the Attorney-General he thus expresses himself, “I don’t see why the Attorney-General should demand of _the Court_ to commit the defendant upon the outlawry, when he himself has suffered him to go at large without any attempt to take him up, or even issuing process against him.” (Rex _v._ Wilkes,--Burrow’s Reports, vol. iv. p. 2531–5.)--E. [100] The reason assigned for these voluntary errors is, that the punishment of outlawry is greater than the crime on which it is inflicted--but is it more sensible to facilitate the defeat of an outlawry than to lessen too rigorous a punishment? [This was the ground mainly relied on by Mr. Justice Yates in his judgment, but was not adverted to either by Lord Mansfield, Mr. Justice Acton, or Mr. Justice Willes, in disposing of these preliminary motions. It is now admitted that the object of the process in outlawry is not penal, but to enforce the personal appearance of the party against whom it is issued.--E.] [101] This is probably a mistake for Northampton, in the contest for which and the ensuing petition Lord Spencer expended at least 70,000_l._--E. [102] The Duke of Grafton says in his Memoirs, that at the first Cabinet no one contemplated the difficulties which afterwards arose out of Wilkes’s case. Many persons, among whom was Walpole himself, considered that Parliament was the very place where Wilkes would do least hurt. (Letter to Sir Horace Mann, 31st of March, vol. i. p. 384.)--E.