cuted, than the ferjeant confented to the giving of bail, which was admitted.

}

The boldness of this proceeding, and the open defiance which was hurled at parliamentary privileges, when claimed independent of law, astonished the nation; whilst the indignation of the house at the infult which their officer had received, rose to a height that seemed to threaten severe chaftisement to the magifterial triumvirate. The lord mayor and Mr. Oliver, being members of the house, were ordered to attend in their places; and Mr. Wilkes, at the bar of the house. The two members accordingly attended. The lord mayor was much indisposed; he juftified his conduct by the oath of office he had taken, and by which he was obliged to obferve inviolable the franchises of the city of London. He farther alleged, that the city charters excepted citizens from any law-process being ferved, by any other than their own proper officers. He pleaded, that these chartered privileges were recognized by an act of parliament. Such being the obligations under which he was laid, as chief magiftrate, it became his indifpenfible duty to act in the manner he had done, and prayed to be heard by counfel; but this was not permitted, it being obferved, that it was abfurd for counsel to be fuffered to plead at the bar of that house, against its privileges: the rejecting this request to be heard by counsel, was also supported by a precedent, drawn from the reign of Henry VIII.

The lord mayor's clerk was then ordered to attend with the book of minutes; and being ordered up to the table, a motion was made and carried, that the recognizance of Whittam the meffenger, which was there entered, should be erased out of the book; after which, a refolution was paffed,

passed, that there fhould be no farther proceedings at law in that case.

Confidering the difpofition which was fhewn to dispute the authority of the house of Commons, the permitting the clerk to attend with the minutes, in confequence of an order from the Speaker, will appear to be giving up the point for which they contended, in that inftance. Indeed, the order might have been complied with, for the purpose of infnaring the house; on the fuppofition that more disgrace would accrue from their erafing a public record, than from reiterated contempt being fhewn to its fummonfes. But the true reason was, that the alderman who then fat, was not difpofed to maintain the contest.

This new kind of noli profequi was ftrongly inveighed against by many members. It was, they said, affuming and exercifing a power of the most dangerous nature, with which the conftitution had not intrufted any part of the legiflature; and that the effacing of a record, stopping the course of justice, and fufpending the law of the land, were among the heaviest charges that could be brought against the most arbitrary despot.

The advocates for the privileges of the houfe maintained, that the charter of the city of London being granted by the crown, no rights, thereby conveyed, could interfere with the inherent privileges of that house; as the crown itself had no power to make fuch grants, the privileges of the houfe of Commons being a check upon the other branches of the legislature; that confequently, their caufe was the cause of liberty, and of the people at large; and, if the powers of the houfe of Commons were weakened, the fecurity to liberty would be equally fo. It was

then

then refolved, that the discharging of Miller from the custody of the messenger, was a breach of privilege. The numbers for the refolution, two hundred and feventytwo against ninety. The house then refolved, that it was a breach of privilege to apprehend the meffenger of the house executing his warrant, under pretence of an affault; and that it was a breach of privilege, to hold the messenger to bail for fuch pretended affault. The bufinefs, when advanced to this ftage, had detained the house till one o'clock in the morning. Mr. Oliver was then asked, what he had to urge in his defence? He replied, that he owned and gloried in the fact laid to his charge; no juftification, he knew, could avert the punishment intended for him; he was conscious of having done his duty, and was indifferent about the confequences; and as he thought it in vain to appeal to justice, so he defied the threats of power.

Hereupon it was moved, that Mr. Oliver fhould be fent to the Tower; which, after much warm debate, was carried by one hundred and feventy to fifty-eight, and he was accordingly conveyed thither at that late hour, by virtue of the Speaker's warrant. The lord mayor being, at that time, much indisposed, the proceedings against him were deferred.

Whilst these matters were depending in parliament, a court of common council was fummoned at Guildhall, when Alderman Trecothick officiated as locum tenens for the lord mayor, Public thanks, in writing, were there voted to the lord mayor and the two aldermen, for having supported the privileges and franchises of the city, and defended our excellent conftitution. A committee of four aldermen and eight commoners, was alfo appointed to affift them in mak

ing

ing their defence, with inftructions to employ fuch counsel as they should think proper upon this important occafion, and powers to draw upon the chamber of London for any fum not exceeding 500l.

Two days after the commitment of Mr. Oliver *, the lord mayor, with his committee, attended the house of Commons to receive his fentence. The populace, on this occafion, affembled in vaft crowds, and many violences were committed on fuch members of parliament as had incurred their refentment. The whole ftrength of the civil power was exerted on this occafion, to repel the popular fury; and, at length, by the interpofition and persuasion of fome members of the house of Commons, who stood on the best terms with the people, the mob were prevailed upon to retire at a greater diftance from Weftminster hall, which they had, in a manner, closely befieged. The military power was not called forth upon this day's tumult, altho' a large body, both of horse and foot, were in readinefs, if exigencies demanded their interpofition,

The houfe being affembled, the lord mayor faid, he looked upon his cafe as already prejudged, and would therefore add nothing to what he had before urged in his defence. The house, however, on account of his ill ftate of health, were inclined to shew him fome indulgence; and it was moved, that he should be taken into the cuftody of the ferjeant at arms, instead of being fent to the Tower, but the magistrate difclaimed all such lenity, and faid, that whatever might be his ftate of health, he gloried in undergoing the fame fate as his friend. The queftion for his commitment to the Tower was then put, and carried by

*March 27, 1771.

two

two hundred and two against thirty-nine. On his way thither, although it was now midnight, the populace took his horfes from his coach, and drew it to Temple-bar. When arrived there, they fhut the city gates, and infifted on the deputy ferjeant, who accompanied the lord mayor, quitting the coach, and proceeding no farther. The lord mayor was hereupon obliged to interpofe, and by affuring them that the gentlemen, who were with him, were his particular friends, and were to accompany him home, removed their apprehenfions. They then proceeded to drag the carriage onwards, with fhouts of applause, to the manfion-house, where the ovation ended. His lordship, as soon as the mob dispersed, proceeded privately to the Tower.

The two prifoners were foon after brought up by writ of habeas corpus to the court of Common Pleas, when, after a full hearing of their counsel, the judges were unanimoufly of opinion, that the court was not competent to judge of the conduct of the house of Commons; whereupon the prisoners were remanded, and continued in their confinement until the end of the feffion, receiving addreffes of thanks and congratulations from various parts of the kingdom.

It required no uncommon share of difcernment to foretel, that the inflexibility of the city magiftrates, would entangle the house of Commons in a dispute, in which they had every thing to lose and nothing to gain; but the difgraces which this precipitate conduct drew after it, were not completed by the commitment of the lord mayor. The supporters of parliamentary edicts, were now extremely embarraffed how to proceed against the other culprit, Mr. Wilkes; they had already experienced both his firmness

and