mifreprefented, and that the fpeech given in the news-papers as his, had a tendency to injure him greatly in the opinion of his conftituents. This brought on a debate upon the liberty of the prefs. It was faid, that minifterial writers were publicly encouraged in the most flagrant abuses of the prefs, and that while this was done in one instance, whereby fome of the moft refpectable characters in the kingdom were mangled, without regard to fhame or to truth, it was in vain to curb it in other cafes, or to fay to licentioufness, so far fhalt thou go, but no farther; and that altho' mifrepresentations of any member were undoubtedly infamous, yet they ought to be legally punished by the perfon injured, and not by the authority of the houfe; which, however well supported by precedent, not being conducted by the ordinary forms of legal proceeding, had ever an odious and oppreffive appearance. It was maintained, that except the inftances in which the houfe of Commons is a court of judicature, to which, from the nature of their office, a coercive power must belong, and, excepting such contempts as immediately interrupt their proceedings, they have no legal authority to imprifon a man for any supposed violation of privilege whatsoever. The privilege now claimed has never been defined or confirmed by statute; neither can it be faid, with any colour of truth, to be a part of the common law of England, which had grown into prefcription long before we knew any thing of the existence of a house of Commons. The power of creating new privileges has been formally renounced by both houses, and there is no code, fay they, in which we can study the law of parliament. To eftablish a claim of privilege in either house, and to distinguish original right from ufurpation, it must appear, that it is indifpenfibly necessary for the performance of the duty they are employed in, and also, that it has been uniformly allowed. There is no precedent, from the year

1265,

1265, to the death of Queen Elizabeth, of the house of Commons having imprisoned any man, not a member of their house, for contempt, or breach of privilege. They never took the power of punishing into their own hands; they either fought redress by petition to the fovereign, or applied to the house of Lords; and, when fatisfaction was ́ denied them, or delayed, their only remedy was, refufing to proceed on the King's bufinefs.

As the fubject of privilege, as claimed by the house of Commons, now became agitated, the principles of the conftitution, particularly as they affected the rights affumed by the representatives of the people, were enquired into, and much valuable knowledge communicated from the prefs. A writer of diftinguished abilities infifted, that the greatest and most exceptionable parts of the privilege of parliament now contended for, were introduced and afferted by a house of Commons which abolished both monarchy and peerage, and whofe proceedings could be no ways reconciled to the forms of the constitution. It is a leading maxim of the laws of England, and without it all laws are nugatory; that there is no right without a remedy, nor any legal power without a courfe to carry it into effect. Let the power now in queftion be tried by this rule. The courts of criminal juftice are open to profecutions, which the attorney-general may commence by information, or indictment. A libel tending to afperfe or vilify the house of Commons, or any of its members, may be as feverely punished in the court of King'sBench, as a libel upon the King; and the house will confult its real dignity much better, by appealing to the laws when they are offended, than by violating the first principle of natural juftice, which forbids us to be judges, when we are parties to the cause.

It was however the opinion of a very great majority, that the dignity of that house must be supported at all events, and that the delinquents fhould be taken into the cuftody of the ferjeant at arms, for contempt of the orders iffued by the speaker,

At any other time, the offenders would have been left to feel the resentment of that power, whose authority they had trifled with; but it cannot be doubted, that a plan was now formed to fhew to the world, how little able the Commons of England were, to fupport that controling power over the fubject, which they had affumed, whenever the civil magistracy should refufe its concurrence, Those who were most interested in the decifion upon the Middlesex election, were undoubtedly the chief inftigators to this conteft; and the refractory printers were imboldened in their contumacy by a junto, who aimed at difgracing parliament. The language which thefe held was, we have nothing to apprehend from prerogative, but every thing from undue influence. Formerly it was the interest of the people, that the privileges of parliament fhould be left unlimited and undefined: at present, it is not only their intereft, but neceffary, even to the preservation of the conftitution, that the privileges of parliament should be strictly ascertained, and confined within the narrowest bounds the nature of their institution will admit of. Upon the fame principle that prerogative was refifted in the last century, privilege is now to be refifted, It is immaterial, whether the crown, by its own immediate act, imposes new, and difpenfes with old, laws, or whether the fame arbitrary power, produces the fame effects, through the medium of the house of Commons,

In confequence of the orders given to the ferjeant at arms, that officer went to the houses of the parties, but they were

constantly

conftantly denied to him; and their fervants even accompanied their answers with contemptuous fneers, which the officer reported to the house; whereupon it was refolved to address the throne, praying his majesty to issue his royal proclamation against the delinquents, and offering a reward for apprehending them; which was accordingly inferted in the Gazette, and fifty pounds a piece offered for taking them.

Hereupon, Wheble, one of the printers mentioned in the proclamation, was apprehended, and carried before Alderman Wilkes at Guildhall, and was by him difcharged, and bound over in a recognizance to profecute the captor for an affault and falfe imprisonment; who was alfo obliged to give bail for his appearance at the next feffions, to answer for the offence. The magiftrate then wrote a letter to the Earl of Halifax, fecretary of ftate, informing him of his proceeding, and the motives which led him so to act. Wheble, he observed, was not charged with any crime in the proclamation, and without fome crime being charged and proved, it was violating the rights of an Englishman, as well as the chartered privileges of the city of London, to take fuch a man into custody.

Thompfon, the other printer, was apprehended in like manner; and in like manner discharged by Mr. Alderman Oliver. Certificates were given by the two magiftrates to the parties who apprehended Wheble and Thompson, teftifying their having brought the perfons defcribed in the proclamation before them, whereby they might lay claim to the reward offered in the proclamation. The claimants had literally executed the bufinefs for which the reward was promised, in carrying the perfons defcribed before proper magiftrates, as was directed to be done; but the whole was

evidently a mere collufion, and utterly repugnant to the spirit of the proclamation. The lords of the treasury therefore, refufed to pay the reward for a tranfaction fo`nugatory.

The house of Commons feemed to grow more determined in its refentment upon being thus baffled. Six other printers were now named; and a motion was made, feconded, and agreed to, that they should be proceeded againft. Miller, the printer of the London Evening Poft, one of the fix, was apprehended by a meffenger of the house of Commons, in his own house *. He immediately fent for a conftable, whom he charged to take the messenger into cuftody, and carried him to the Mansion-house, before Brass Crosby, the lord mayor; where the aldermen Wilkes and Oliver likewife fat. The deputy ferjeant at arms attended, and demanded in the name of the Speaker, that both the messenger and the printer fhould be delivered up to him; this was refused by the lord mayor, who afked for what crime, and "upon what authority the meffenger had arrefted the printer; it was answered, that he had done it by warrant from the Speaker. It was then asked, if that warrant had been backed by a city magiftrate; which being anfwered in the negative, the warrant was demanded, and after much altercation produced; and its invalidity being argued by the printer's counsel, the three magiftrates prefent discharged him from confinement. Miller then proceeded to lodge a complaint against the meffenger for an affault and false imprisonment, and having proved the facts to the fatisfaction of the court, the meffenger was afked for bail; which the ferjeant having refufed to comply with, a warrant for his commitment to prifon was made out, and figned by the lord mayor and the two aldermen ; which was no fooner exe

* March 15, 1773.

cuted,