To report the debates in such a spirit, was at once to violate the orders of the House, and to publish libellous insults upon its members. Parliament had erred in persisting in the prohibition of reporting, long after its occasion had passed away; and the reporters had sacrificed a great public privilege, to the base uses of a scurrilous press. The events of the first ten years of this reign, had increased the violence of public writers, and imbittered the temper of the people. The "North Briton" and "Junius," had assailed the highest personages, and the most august assemblies, with unexampled license and audacity. Wilkes had defied the House of Commons, and the ministers. The city had bearded the king upon his throne. Yet this was the time chosen by an unpopular House of Commons, to insist too rigorously upon its privileges, and to seek a contest with the press.

Complaints against Thompson

1771.

On the 8th February, 1771, Colonel George Onslow made a complaint of "The Gazetteer and New Daily Advertiser," printed for R. Thompson, and of and Wheble, the "Middlesex Journal," printed by R. Wheble, as misrepresenting the speeches, and reflecting on several of the members of this House." The printers were ordered to attend, but not without serious warnings and remonstrances from those who foresaw the entanglements, into which the House was likely to be drawn.1 They kept out of the way, and were ordered to be taken into custody. The Sergeant proceeded to execute the order, and was laughed at by their servants.2 Thus thwarted, the House addressed the king to issue a proclamation, offering a reward for their apprehension.

Meanwhile, the offences for which the House was pursuing Thompson and Wheble, were practised by several Complaints against other other printers; and on the 12th March, Colonel printers. Onslow made a complaint against the printers of six other newspapers. The House had not yet succeeded in apprehending the first offenders, and now another host was 2 lbid. 324.

1 Cavendish Deb. ii. 257.

arraigned before them. In some of these papers, the old disguises were retained. In the "St. James's Chronicle" the speeches were entitled "Debates of the representatives of Utopia: "1 Mr. Dyson was described as "Jeremiah Weymouth, Esq., the d―n of this country," and Mr. Constantine Phipps as "Mr. Constantine Lincoln." 2 None of the errors of Parliament have been committed, without the warnings and protests of some of its enlightened members; and this further onslaught upon the printers was vigorously resisted. The minority availed themselves of motions for adjournment, amendments, and other parliamentary forms, well adapted for delay, until past four in the morning. During this discussion there were no less than twenty-three divisions, an unprecedented number. Burke afterwards said of these proceedings: "Posterity will bless the pertinaciousness of that day."

All the six printers were ordered to attend at the bar; and on the day appointed, four of the number appeared, and a fifth, Mr. Woodfall, being already in the custody of the Black Rod, by order of the Lords, was prevented from attending. Two of them, Baldwin and Wright, were reprimanded on their knees and discharged; and Bladon, having made a very humble submission, was discharged without a reprimand. Evans, who had also attended the order of the House, went home before he was called in, in consequence, it was said, of an accident to his wife. He was ordered to attend on another day; but wrote a letter to the Speaker, in which he questioned the authority of the House, and declined to obey its order. Lastly, Miller did not attend, and was ordered into custody for his offence."

On the 14th March, Wheble, who was still at large, addressed a letter to the Speaker, inclosing the opinion of

1 Cavendish Deb. ii. 383.

2 One represented Weymouth, and the other Lincoln.

8 Cavendish Deb. ii. 377.

4 lbid. 395.

6 Parl. Hist. xvii. 90, n.; Com. Journ. xxxiii. 250-259.

Wheble taken

man Wilkes.

counsel on his case, and declaring his determination "to yield no obedience but to the laws of the land." before Alder- The next day, he was collusively apprehended by Carpenter, a printer, by virtue of the proclamation, and taken before Alderman Wilkes! This dexterous and cunning agitator had encouraged the printers to resist the authority of the House, and had concerted meas ures for defying its jurisdiction, and insulting its officers. He immediately discharged the prisoner, and bound him over to prosecute Carpenter, for an assault and false imprisonment. He further wrote a letter to Lord Halifax, the Secretary of State, acquainting him that Wheble had been apprehended by a person who "was neither a constable nor peace-officer of the city," and for no legal offence, but merely in consequence of the proclamation," in direct violation of the rights of an Englishman, and of the chartered privileges of a citizen of this metropolis," and that he had discharged him.1

derman Oli

ver.

On the same day, Thompson was apprehended by another And Thomp- printer, and carried before Alderman Oliver at the son before Al-Mansion House; but "not being accused of having committed any crime," was discharged. In both cases, the captors applied for a certificate that they had apprehended the prisoners, in order to obtain the rewards offered by the proclamation; but the collusion was too obvious, and the Treasury refused to pay them.

Commitment of the mes

On the following day, a graver business arose. Hitherto the legality of apprehending persons under the proclamation, had alone been questioned; but now Berger. the authority of the House was directly contemned. In obedience to the Speaker's warrant for taking Miller into custody, Whittam, a messenger of the House, succeeded in apprehending him, in his shop. But Miller, instead of submitting, sent for a constable, accused the messenger of having assaulted him in his own house,

1 Parl. Hist. xvii. 95.

and gave him intc

custody. They were both taken to the Mansion House, and appeared before the Lord Mayor, Mr. Alderman Oliver, and Mr. Alderman Wilkes. Miller charged the messenger with an assault and false imprisonment. The messenger justified himself by the production of the Speaker's warrant; and the Deputy Sergeant-at-Arms claimed both the messenger and his prisoner. But the Lord Mayor inquired if the messenger was a peace-officer or constable, and if the warrant was backed by a city magistrate; and being answered in the negative, discharged Miller out of custody. The charge of the latter against the messenger was then proved; and Whittam, by direction of the Sergeant, having declined to give bail, was committed under a warrant, signed by the three magisAfter his commitment, he was admitted to bail on his own application.

trates.

The artful contrivances of Wilkes were completely successful. The contumacious printers were still at large; and he had brought the city into open conflict with the House of Commons. The House was in a ferment. Many members who had resisted the prosecution of the printers, admitted that the privileges of the House had now been violated; but they were anxious to avert any further collision between the House, already too much discredited by recent proceedings, - and the popular magistracy of the city. The Lord Mayor, Mr. Brass Crosby, being a member of the House, was first ordered to attend in his place, on the following day; 1 and afterwards Mr. Oliver, also a member, was ordered to attend in his place, and Mr. Wilkes at the bar, on other days.

At the appointed time, the Lord Mayor, though he had been confined for several days by the gout, obeyed The Lord the order of the House. His carriage was escorted Mayor (Brass Crosby) atby a prodigious crowd, whose attendance had tends the been invited by a handbill; and he was received with such acclamations in the lobby, that the Speaker desired it to be cleared of strangers. The Lord Mayor, who was

2

House.

1 March 19th; Parl. Hist. xvii. 98; Cavendish Deb. ii. 400.

2 Cavendish Deb ii. 422.

so ill as to be obliged to speak sitting, justified himself by his oath of office, which bound him to protect the citizens in their rights and franchises. He stated that by the charters of the city, confirmed by Act of Parliament, no warrant, process, or attachment could be executed within the city but by its own magistrates, and that he should have been guilty of perjury, if he had not discharged the prisoner. He then desired to be heard by counsel, in support of the jurisdiction of the city. The Speaker intimated that the House could not hear counsel against its privileges; and while this matter was under discussion, the Lord Mayor, being too ill to remain in the House, was allowed to go home. It was at length decided to hear counsel on such points as did not controvert the privileges of the House; and the same right was afterwards conceded to Alderman Oliver.2 The scene was enlivened by Mr. Wilkes, who having been ordered to attend at the bar, wrote to the Speaker, with his usual effrontery, claiming to attend in his place, as member for Middlesex. So far the House had stood upon its unassailable privilege of commitment; but now it proceeded to a violation of the law, at once arbitrary and ridiculous. The clerk to the Lord Mayor had been ordered to attend with the book containing the recognizance of Whittam the messenger; and on its production by that officer, he was ordered to expunge the entry at the table, which he accordingly did.1 While this scene was being enacted, most of the Opposition members left the House, in order to mark their reprobation of an act, by which a record was effaced, over which the House had no authority, and the course of justice violently stayed." According to Lord Chatham, it was the "act of a mob, and not of a Parliament." 6

Record of recognizances erased.

1 Cavendish Deb. ii 436.

2 Ibid. 442; Parl. Hist. xvii. 119.

8 Parl. Hist. xvii. 113, n.

4 Cavendish Deb. ii. 438; Parl. Hist. xvii. 117; Com. Journ. xxxiii. 275. 6 Ann. Reg. 1771, p. 66; Walpole's Mem. iv. 294.

6 May 1st, 1771; Parl Hist. xvii. 221.