PRIVILEGE OF PARLIAMENT.

sure, and ordered that it should be burned by the hands of the common hangman.

Ch. 4.

1763

163

the House of

Lord North, on the part of the Government, Decision of then pressed for an immediate decision on the ques- Commons. tion of privilege; but Pitt, in his most solemn manner, insisting on an adjournment, the House yielded this point. On the following day, Wilkes, being dangerously wounded in a duel with Martin, one of the joint secretaries to the Treasury, who had grossly insulted him in the House, for the purpose of provoking a quarrel, was disabled from attending in his place; but the House, nevertheless, refused to postpone the question of privilege beyond the 24th of the month. On that day, they resolved 'that the privilege of Parliament does not extend to the case of writing and publishing seditious libels, nor ought to be allowed to obstruct the ordinary course of the laws in the speedy and effectual prosecution of so heinous and dangerous an offence.' Whatever may be thought of the public spirit or prudence of a House of Commons which could thus officiously define its privilege, the vote was practically futile, since a court of justice had already decided in this very case, as a matter of strict law, that the person of a member of Parliament was protected from arrest on a charge of this description. The conduct of Pitt on this occasion was consistent with the loftiness of his character. Despising alike the servility

m See Addenda F, p. 173.

164

Ch. 4.

1763

Conduct of the House of Lords.

PROCEEDINGS IN THE HOUSE OF LORDS.

of the Commons, and the profligacy of the demagogue whom they wished to offer up as a sacrifice to the vengeance of the Court, the illustrious orator reprobated the facility with which Parliament was prepared to relinquish its privileges; and, at the same time, denounced the whole series of North Britons' as 'illiberal, unmanly, and detestable,' not, indeed, retorting upon Wilkes the vague scurrility of the Commons' vote, but denouncing, in language of reprehension not too severe, the base and mischievous spirit of publications which fomented discord and hatred between the different races of the United Kingdom.

The conduct of the Lords was in harmony with that of the Lower House. While the latter had been eager to surrender their privileges and to invade the province of the courts of law, the Lords seemed desirous of showing the same spirit of complaisance to the Court. On the first day of the session, under the pretext of privilege, a new charge was brought forward against Wilkes. The way which this charge had been got up was not merely dishonourable to the individuals concerned in it, but really dangerous to the liberty of the subject.

in

The body of publishers, intimidated by the arbitrary proceedings of the Government, had refused to print Wilkes's productions; and he had consequently set up a private press at his own house, for the purpose of printing an edition of The North Briton,' and some other compositions. Among these was one of an indecent and blasphemous

WILKES'S PRIVATE PRINTING PRESS.

character, called 'An Essay on Woman, with Notes
by Bishop Warburton.' This performance was in
the form of a parody on Pope's poem, and intended
to ridicule the distinguished prelate, who was the
pretended editor.
It was written by Mr. Potter,
himself the son of a primate, and a gentleman well
received in political and fashionable society, al-
though notorious for his dissolute habits. A copy
of the Essay on Woman' was found among the
private papers belonging to Wilkes, which had been
seized under the illegal warrant of the Secretary of
State; and the Government sought to make use of
this discovery for the purpose of assisting them in
the ruin of their virulent opponent. They could
not, however, for very shame, make use of the copy
which they had obtained in such a manner. They
therefore employed one Kidgell, a parson, and
chaplain to the Earl of March," to tamper with
Wilkes's compositor. A copy being by these
means obtained, Lord Sandwich, the new Secretary
of State, who, up to the time of his accession to
high office, had been the companion of Wilkes's
looser hours, undertook, or was selected, to bring
this matter before Parliament, as a breach of public
morals, as well as of privilege. It was proved, on
examination of the man who had betrayed his em-
ployer, that the whole impression of this ribald

n Well known for his vices by this title, but still more celebrated in the same way as the Duke of Queensberry.

• It properly belonged to the department of the other secretary, Lord Halifax.

Ch. 4.

165

1763 Further of Wilkes government.

proceedings

and the

166

Ch. 4.

1763

Theory of libels.

WHAT CONSTITUTES A LIBEL.

production extended only to thirteen copies, and there was no evidence that any one of these had been circulated or seen by any person. The complaint was similar in this respect to that infamous charge which, a century before, had been the pretext for the judicial murder of Algernon Sidney. It was, indeed, a stronger case than that of Sidney; for a paper found in the possession of an accused person is unquestionably admissible to explain the character of his acts and intentions; but in the case of libel, the paper itself is a dead letter, until a criminal character is communicated to it by the act of publication; or, to borrow a fine illustration of this point, a man may keep poisons in his closet, but has no right publicly to vend them as cordials. It is publication, therefore, which constitutes the guilt; but a copy, surreptitiously obtained, cannot constitute publication.

Having entered upon the subject in this spirit, it was not to be expected that the Lords should be restrained from concurring in the votes of the other House of Parliament by any consideration of their particular character, as the Supreme Court of Appeal, and of the possibility that they might be called upon to pronounce judicially, after solemn argument at their bar, on the very questions which were now brought before them in their legislative capacity. So far, indeed, were they from any such misgiving, that they would have adopted the proceedings of the Commons with indecent alacrity: for, had not the Duke of Richmond reminded them

POPULARITY OF WILKES.

that it was not usual to transact any business of importance without being specially summoned, their lordships were prepared to assent to the resolutions of the Commons on the same day that they were communicated. But on the following day the vote was passed, not, however, without strong arguments against it, and a protest, signed by seventeen peers. The House then proceeded to vote the 'Essay on Woman' a breach of privilege and a blasphemous libel; and to order that Wilkes should be prosecuted by the Attorney-General.

167

Ch. 4.

1763

pathy for

The Session was principally occupied by the pro- Popular symceedings against this worthless demagogue, whom Wilkes. the unworthy hostility of the Crown and both Houses of Parliament had elevated into a person of the first importance. His name was coupled with that of Liberty; and when the executioner appeared to carry into effect the sentence of Parliament upon "The North Briton,' he was driven away by the populace, who rescued the obnoxious paper from the flames, and evinced their hatred and contempt for the Court faction by burning in its stead the jackboot and the petticoat, the vulgar emblems which they employed to designate John Earl of Bute and his supposed royal patroness. The Common Council of the City so far countenanced these riotous proceedings as to refuse a vote of thanks to the Sheriff's who had exerted themselves to quell the tumult, and had already received the approbation of both

P See Addenda G., p. 174.