The University of Texas at Austin

Law in Popular Culture collection

The Complete Newgate Calendar
Volume IV

JOHN WILKES, ESQ., M.P.

Whose Arrest and Conviction for writing Seditious
and Blasphemous Pamphlets led to Riots in
London in 1768

THE year 1768 will ever be remembered in the annals
of English history, on account of the murders and
mischief committed by a deluded mob, stimulated by the
writings and opposition to the Government of John Wilkes,
Esq., an alderman of London, and Member of Parliament
for Aylesbury. The most scandalous and offensive of his
writings were in a periodical publication called The North
Briton, No. 45, and a pamphlet entitled An Essay on Woman.1
   The North Briton was of a political nature, the other a
piece of obscenity: the one calculated to set the people
against the Government, the other to corrupt their morals.
Among the members who found themselves more per-
sonally attacked in The North Briton was Samuel Martin,
Esq., Member for Camelford. This gentleman found his
character, as Secretary of the Treasury, so vilified, that he
called the writer to the field of honour.
   Wilkes had already been engaged in a duel with Lord

   1 This Essay on Woman was a parody on Pope's sublime work, called
An Essay on Man.

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Talbot, and escaped unhurt; but Mr Martin shot him in
the body, of which wound he lay in imminent danger
for several days, and was confined to his house for some
weeks.
   The Attorney-General filed informations against Wilkes
as author of  The North Briton, No. 45,1 and a pamphlet,
entitled An Essay on Woman. On these charges he was
apprehended, and committed as prisoner to the Tower, but
was soon admitted to bail.
   His papers were forcibly seized, for which he charged
the Secretaries of State with a robbery, and which was
afterwards, by the Court of King's Bench, determined to
have been illegal.
   Before his trial came on, Mr Wilkes fled to France, but
under the pretext of restoring his health, which had suffered
from his wound and the harassing measures taken against
him by the Secretaries of State, Lord Egremont and Lord
Halifax. No sooner was he out of the kingdom than they
proceeded to outlawry, dismissed him of his command as
Colonel of the Buckinghamshire Militia, and expelled him
from his seat in Parliament.
In a few months Mr Wilkes returned to London and gave
notice that he would, on a certain day, surrender himself on
the informations filed against him. He then appeared in
his place as an alderman at Guildhall ; and on his return

   1 The paper entitled The North Briton was ordered to be burned by the
common executioner, at the Royal Exchange. Mr Alderman Harley, one
of the sheriffs of London, attending, in his official capacity, to see this
carried into execution, was assaulted and wounded by the mob. A man of
the name of John Franklin was seized as one of the offenders and com-
mitted to Newgate. On the day of the conviction of Wilkes he was tried
for this outrage at the Old Bailey and found guilty. When the trial was
ended, the worthy alderman addressed the Court on behalf of the prisoner.
He said that, for his part, he had forgiven the affront to his own person;
that justice required a prosecution : it had been, by the conviction of the
offiender, in part satisfied, and therefore he hoped the Court would mitigate
the punishment. The Court complied with the prosecutor's humane request,
and sentenced the prisoner to only three years' imprisonment, to pay a fine
of six shillings and eightpence, and to find security for his good behaviour
for one year.

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the mob took the horses from his carriage and dragged it
to his house, crying: " Wilkes and Liberty! "
   On the 21st of February, 1764, the trial of Mr Wilkes
for the libels before mentioned came on before Lord
Mansfield, and on both he was found guilty.
   More than two years were occupied in law proceedings on
the validity of his apprehension, the seizure of his papers
and the outlawry. Meanwhile Wilkes's popularity and the
outrages of the mob daily increased. Finally he was com-
mitted to the King's Bench Prison, where he was visited by
many of his friends, and the prison was surrounded by a
vast concourse of people, who, it was feared, would have
offered some outrage ; but all remained quiet until night,
when they pulled up the rails which enclosed the footway,
with which they made a bonfire. They also obliged the
inhabitants of the borough of Southwark to illuminate
their houses ; nor would they disperse until the arrival of
a captain's guard of soldiers.
   From this time a mob constantly surrounded the King's
Bench Prison for several days. At length the justices
appeared, followed by the military: the Riot Act was read
and, the mob not dispersing, the soldiers were ordered to
fire upon them. Many were killed, and among them some
passengers, at a considerable distance from the scene of
confusion.
   On the 28th of April, 1768, the case of the outlawry
was finally argued in the Court of King's Bench. Serjeant
Glynn, on the part of Mr Wilkes, greatly added to his
reputation as a sound lawyer, and was ably answered by
the Attorney-General ; but the judges, though they some-
what differed in their reasons on the illegality of the out-
lawry, were unanimous in their opinion that it should be
reversed. This was a great point obtained by Mr Wilkes;
tnd, obnoxious as he was to Government, the determination,
consistent with law, was upright and honourable in the
learned Bench.
   Mr Wilkes was not, however, destined to clear himself
by this single point gained, for the Attorney-General imme--

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diately moved that judgment might be passed upon him on
his several convictions. The prisoner's counsel upon this
moved an arrest of judgment, and the Court appointed the
next Thursday to hear the arguments thereon.
   On the day appointed for that purpose the last effort was
made to get rid of the remainder of the proceedings against
Mr Wilkes. The arguments for an arrest of judgment,
though carried on with great ingenuity, would not hold,
and he was found legally convicted of writing the libels.
For that in The North Briton he was fined five hundred
pounds and sentenced to two years' imprisonment in the
King's Bench Prison; and for The Essay on Woman, five
hundred pounds more, a further imprisonment of twelve
months, and to find security for his good behaviour for
seven years.
   Previous to his imprisonment Mr Wilkes was elected
Member of Parliament for Middlesex, when the mob pro-
ceeded to various acts of outrage. They broke the windows
of Lord Bute, the Prime Minister, and of the Mansion
House, even that of the Lady Mayoress's bedchamber, and
forced the inhabitants of the metropolis to illuminate their
houses, crying out, " Wilkes and Liberty! " and all who
refused to echo it back were knocked down.
   The outrages of the populace were too many to be
enumerated; several innocent people were killed and
numbers wounded. They broke windows without number,
destroyed furniture, and even insulted Royalty.
   The metropolis, as well as various other parts of the
kingdom, had not been so convulsed with riots and partial
insurrections since the Civil Wars as during the short time
of Wilkes's popularity.
   These disgraceful tumults, and the lenity or, as some
would have it, the timidity of Government, spread disaffec-
tion into all classes of mechanics, who, thinking the time
at hand when they might exact what wages they pleased,
and perhaps beyond their masters' profits, struck work.

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Newgate Calendar Vol. IV Table of Contents / The Complete Newgate Calendar