The Gallery of Portraits: with Memoirs. Volume 6 (of 7)Malkin, Arthur Thomas
History
The Gallery of Portraits: with Memoirs. Volume 6 (of 7)
Malkin, Arthur Thomas
Biography
In 1763, the legality of what were called general warrants, not directed
against persons by name specifically, but generally against any person
or persons supposed to be guilty of a certain act, was mooted, in
consequence of a secretary of state’s warrant to apprehend the “authors,
printers and publishers” of the celebrated No. 45 of the ‘North Briton.’
Wilkes, being apprehended by virtue of this warrant, was discharged by
Pratt, afterwards Lord Camden, Chief Justice of the Common Pleas, when
brought up before that court by writ of _habeas corpus_. The question
came before Lord Mansfield in a different form. An action of trespass
was brought in the court of Common Pleas against the messengers who
executed the warrant, and a verdict was given for the plaintiff. A bill
of exceptions against Chief Justice Pratt’s directions to the jury was
tendered, in pursuance of which the question was again argued before
Lord Mansfield, who coincided with his brother chief in holding the
instrument illegal under which the defendants had acted. Since this
decision, general warrants have been disused.
In 1768, Wilkes, then at the height of his popularity, returned to
England, and applied for a reversal of his outlawry. The excitement of
his partisans broke out both in riots and in indecent attempts to
intimidate the judges before whom the point was to be argued. Lord
Mansfield pronounced for the reversal upon the ground of a technical
informality, which the Court held fatal to the process; but in his
elaborate judgment he took care strongly to censure the seditious
efforts which had been made to influence the court, and to impress on
his auditors that the apparently trifling objection on which the
judgment turned was fatal in law, and could not have been passed over in
any other case. This speech has been much admired; nor is it easy to
overrate its beauties as a composition: it lies open, however, to the
objection of being too theatrical. After overruling the objections made
by the defendant’s counsel, it rises into eloquent declamation against
the attacks of the press, and the threats of the mob; and, at the moment
when all seems ripe for a contrary decision, proceeds to grant the thing
so loudly clamoured for. He may safely contemn danger who does not
expose himself to it; and it would on this occasion have been more
dignified to make less parade of independence.
Public-domain text, read in full here on John Shaqi.
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