rendering this fuppofed privilege, they

thereby

would be afhamed to protect the offender one moment furely this truft (which has never yet been abused) is not too great to be repofed in the high Court of Parliament; while it is lodged there, the public juftice is in fafe hands, and the privilege untouched; whereas, on the contrary, if, for the fake of coming at the criminal at once, without this application to the House, perfonal privilege is taken away, hot only the offender, but the whole Parliament at the fame time, is delivered up to the Crown.

It is not to be conceived, that our ancestors, when they framed the law of privilege, would have left the cafe of a feditious libel (as it is called) the only unprivileged misdemeanor. Whatever elfe they had given up to the Crown, they would have guarded the cafe of fuppofed libels, above all others with privilege, as being moft likely to be abused by outrageous and vindictive profecutions.

But this great privilege had a much deeper reach, it was wifely planned, and hath hitherto, thro' all times, been refolutely maintained.

It was not made to fereen criminals, but to preferve the very being and life of Parliament; for when our ancestors confidered, that the law had lodged the great powers of arreft, indi&ment, and information, in the Crown, they faw the Parliament would be undone, if, during the time of privilege, the royal procefs fhould be admitted in any misdemeanor whatfoever; therefore they excepted none. Where the abuse of power would be fatal, the power ought never to be given; becaufe redreis comes too late.

A Parliament, under perpetual terror of imprifonment, can neither be free, nor bold, nor honeft;

and

thereby broke in upon the rights of the people of England, in thus fubjecting

their

and if this privilege was once removed, the moft important queftion might be irrecoverably loft, or, carried by a fudden eruption of Mellengers, let loofe against the Members half an hour before the debate.

Laftly, as it has already been obferved, the cafe of fuppofed libels is, of all others, the most dange rous and alarming to be left open to profecution during the time of privilege.

If the severity of the law, touching libels, as it hath fometimes been laid down, be duly weighed, it muft ftrike both Houses of Parliament with terror and dismay.

The repetition of a libel, the delivery of it unread to another, is faid to be a publication: Nay, the bare poffeffion of it has been deemed criminal, unless it is immediately destroyed or carried to a Magiftrate.

Every Lord of Parliament then, who hath done this, who is falfly accused, nay, who is, tho' without any information, named in the Secretary of State's warrant, has loft his privilege by this refolution, and lies at the mercy of that enemy to Learning and Liberty, the Meffenger of the Prefs.

For thefe, and many other forcible reafons, we hold it highly unbecoming the dignity, gravity, and wifdom, of the Houfe of Peers, as well as their justice, thus judicially to explain away and diminish the privilege of their perfons, founded in the wisdom of ages, declared with precifion in our standing orders, fo repeatedly confirmed, and hitherto preferved inviolable by the fpirit of our ancestors, called to it only by the other Houfe, en a particular occafion,

R 2

and

their Representatives to the poffibility of fuch restraints.

and to ferve a particular purpose, ex poft facto, ex parte, et pendente lite, in the Courts below.

Temple,

Devonshire,

Fortescue,

Bolton,

Walpole,

Ponsonby

Portland,

Fred. Litch. Cov. Folkeftone.

Bristol,

Afhburnham,

CHAP.

CHAP XVII.

Continuation of the proceedings against Mr.

: Wilkes.

He retires to France. Cards between him and Mr. Martin, at Paris. Account of the Witnesses against him. Voted the Author of the North-Briton, and expelled. Remarks, The information against him altered by the order of Lord Mansfield. Letters Jent to his Jury, Found guilty, and outlawed.

N the progrefs of the three refolutions

which Parliament had come to, the Administration repeatedly declared, that Mr. WILKES was not in the predicament of a charged man; that these proceedings affected him no more than any other Member; and that nothing which immediately concerned him should be agitated in his abfence. Yet, notwithstanding every Member of the House of Commons knew he was confined to his bed by his wound, on the first of December notice

P

was taken, that in the examination of Kearfly and Balfe, laid before the House (which were disclaimed, even as a fpecies of evidence, before they were read) Mr. WILKES is mentioned, as having been concerned in the writing and publishing the North Briton; and the Houfe being informed that there was evidence ready to be produced at the bar, charging Mr. WILKES with being the Author and Publifher of that paper, it was ordered that Mr. WILKES fhould attend the Houfe on the 8th day of that month, to answer that charge. This was not only a manifeft breach of a public promise, and a grofs deviation from all candour; but charging Mr. WILKES with being the Publisher, was an innovation that exceeded the limits of the King's meffage, which feemed to have been fairly and moft fully anfwered by the determination of privilege, On the 7th Mr. WILKES'S Phyfician and Surgeon attended the Houfe, with an account of his ill ftate of health; upon which a further day was appointed for his attendance; and it then appearing that Mr.

WILKES