Memoirs of the Reign of King George the Third, Volume 3 (of 4)Walpole, Horace
History
Memoirs of the Reign of King George the Third, Volume 3 (of 4)
Walpole, Horace
Great Britain -- History -- 1760-1789; Great Britain -- History -- George III, 1760-1820
On the 20th, Wilkes, according to his promise, appeared to his outlawry
in the King’s Bench. He did not avow himself for author of the _North
Briton_, though he owned he had written the forty-fifth number, and
approved every word of it. When he recollected the “Essay on Woman” he
confessed he blushed; yet pleaded that it would not have been published
unless stolen from him. He complained of the usage he had received, and
of the alteration of the record. Lord Mansfield palliated the latter
charge; and then pronounced that Wilkes was not before the court, as
nobody had taken out the writ _capias ablegatum_, which he affirmed the
Attorney-General ought to have done. This implied that an outlaw could
not surrender himself voluntarily, though he might get anybody to take
out that writ. The judges, Yates and Willes, agreed to this jargon,
having been induced by Mansfield to cast the blame on the Attorney.[99]
On this curious reasoning was Wilkes dismissed. His speech had been
received with little applause, and he retired without riot. He had,
indeed, advertised a request to the people to make no disturbance;
yet the Government had been so much alarmed that a field-day had been
appointed in the Park, that troops might be at hand to quell any tumult.
It appeared from this mock scene that an outlawry cannot be set
aside but by a process to show there is a flaw in it. Accordingly
the profession who love to accumulate absurdities[100] rather than
to correct a ridiculous maxim, always take care to prepare a flaw in
an outlawry. Wilkes had demanded from the Attorney-General a writ of
error, and he had promised it, but was dissuaded on the 19th by the
Master of the Rolls, and on the 20th the Attorney came into court
without it. He would have taken it out then, but by some other rule it
was then too late, or Wilkes should have surrendered to the sheriff. It
was on these informalities that Lord Mansfield had argued that Wilkes
was not before the court, for, being an outlaw, the law knew no such
person; yet this nonentity his Lordship had suffered to revile him to
his face on the seat of magistracy.
Public-domain text, read in full here on John Shaqi.
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