warrant was, I thought, illegal, and did not respect me. I applied, by my friends, to the court of common pleas, for a Habeas Corpus, which was granted, but as the proper office was not then open, it could not immediately iffue. • I was afterwards carried, by violence, before the earls of Egremont and Halifax, whom I informed of the orders given by the court of common pleas for the Habeas Corpus; and I enlarged upon this fubject to Mr. Webb, the folicitor of the Treasury. I was, however, hurried away to the Tower by another warrant, which declared me the author and publisher of a moft infamous and feditious libel, intitled, The North Briton, No. 45. The word treasonable was dropped yet I was detained a close prifoner, and no perfon was fuf'fered to come near me for almoft three days, although my council, and feveral of my friends, • demanded admittance, in order to concert the • means of recovering my liberty. My houfe was plundered, my bureaus broke open, by order of two of your members, Mr. Wood and Mr. Webb, and all my papers carried away. After fix days imprisonment I was discharged, by the unanimous judgment of the court of common pleas, "That the privilege of this houfe extended to my cafe." Notwithstanding this folemn decifion of one of the king's fuperior courts of juftice, a few days after, I was ferved with a fubpoena upon an information exhibited against me in the king's bench. I loft no time in confulting the best books, as well as the greatest living authorities; and from the trueft judgment I could form, I thought that the ferving me • with a fubpoena was another violation of the privilege of parliament, which I will neither defert nor betray, and therefore I have not yet entered an appearance. • I now ftand in the judgment of the house, fubmitting, with the utmost deference, the whole cafe 'to their juftice and wisdom, and beg leave to add, that if after this important business has in ' its full extent been maturely weighed, you shall be of opinion, that I am intitled to privilege, 'I fhall then be not only ready, but eagerly defirous, to wave that privilege, and to put myself upon a jury of my countrymen.' . Mr. Wilkes's letter to Mr. Martin. SIR, Great George-ftreet, Westminfier, Nov. 16. • YOU complained yesterday before five hundred "gentlemen, that you had been ftabbed in the dark by the North Briton, but I have reason to believe you was not fo much in the dark as you affected ⚫ and chofe to be. Was the complaint, made before • fo many gentlemen, on purpose that they might interpofe? To cut off every pretence of ignorance as to the author, I whisper in your ear, that every paffage in the North Briton, in which you have 'been named, or even alluded to, was written by Your humble fervant, . SIR, JOHN WILKES. Mr. Martin's Anfwer. Abingdon-street, Nov. 16, 1763. AS I faid in the Houfe of Commons yefterday, that the writer of the North Briton, who had ftabbed me in the dark, was a cowardly, as well as a malignant and infamous fcoundrel; and 'your letter of this morning's date, acknowledges that every paffage of the North Briton, in which I have been named, or even alluded to, was written by yourself, I must take the liberty to repeat, that you are a malignant and infamous fcoundrel, and that I defire to give you an opportunity of fhewing me whether the epithet of cowardly was rightly applied or not. I defire that you may meet me in Hyde • Park immediately, with a brace of piftols each, to determine our difference. I fhall go to the ring in Hyde-Park, with my piftols fo concealed that nobody may fee them; and I will wait in expectation of you one hour. As I fhall call in my way at your houfe to deliver this letter, I propose to go from thence directly to the ring in Hyde-Park, from whence we may proceed, if it be neceffary, to any more private place; and I mention that I fhall wait an hour in order to give you full time to meet me. I am, Sir, Your humble fervant, SAM. MARTIN. The circumftances of the duel related by Mr. W. are as follow: when the gentlemen met in Hyde Park, they walked together for a little while to avoid fome company, which feemed coming up to them. They brought each a pair of piftols. When they were alone, the firft fire was from Mr. M's piftol. Mr M's piftol miffed Mr. W. and the piftol in Mr. W's hand flashed in the pan. The gentlemen then each took one of Mr. W's pair of piftols. Mr. W. miffed, and the ball of Mr. M's piftol lodged in W's belly. Mr. W. bled immediately very much. Mr. M. then came up and defired to give him all the affiftance in his power. Mr. W. replied, that Mr. M. had behaved like a man of honour, that he was killed, and infifted on Mr. M's making his immediate efcape, and no creature fhould know from Mr. W. how the affair happened. Upon this they parted parted, but Mr. M. came up again in two or three minutes to Mr. W. offering him a fecond time his affiftance, but Mr. W. again infifted on his going off. Mr. M. expreffed his concern for Mr. W. faid the thing was too well known by feveral people, who came up almost directly, and then went away. Mr. W. was carried home, but would not tell any circumftance of the cafe 'till he found it fo much known. He only faid to the Surgeon, &c. that it was an affair of honour. The day following Mr. W. imagining himself in the greatest danger, returned Mr. M, his letter, that no evidence might appear againft him; and infifted upon it with his relations, that in cafe of his death no trouble fhould be given Mr. M. for he had behaved as a man of honour. Mr. M. not at the fame time returning Mr. W's letter, occafioned somebody to remark, ‘That in all probability it was kept in order to be made ufe of as a proof of Mr. W. being concerned in the 'North Briton.' I own, faid the remarker, that I can account for this behaviour of Mr. M. no more than I can for his tamely bearing above eight months the abufe upon him. Has he been all this time (Sundays not excepted) practising at a target? that report is confirmed by all his neighbours in the country. Yet, after all, he did not venture to fend to Mr. W. but before five hundred gentlemen, ready to interpofe, feemed to intend to begin a quarrel, I fuppofe, that it might end there. Mr. W. chofe coolly, to take it up the next morning, by a private letter to Mr.M. who infifted on piftols,without naming the fword, though the choice of wear pons, was, by the laws of honour, in Mr. W. A A letter from Dr. Brocklesby to Mr. Wilkes. Dear Sir, LATE last night I received the inclosed letter from my moft ingenious and worthy friend Dr. Hebberden, and alfo the inclofed copy of an order of the house of commons, to report upon your cafe on the 19th of January; I am therefore to entreat you, to fix the hour for our attendance at your house on Monday, and I will take care to appoint Dr. Hebberden and Mr. Hebberden, and Mr. Hawkins, I am, Dear Sir, Norfolk-street, Sunday morning, Dec. 18, 1763. Your moft obedient RICHARD BROCKLESBY. . Letter from Dr. Hebberden, to Dr. Brocklesby, which was the inclofed letter abovementioned Dear Sir, Cecil-ftreet, Dec. 17. AN order of the house of commons is come to Mr. Hawkins and me, to attend Mr. Wilkes from time to time in order to observe the progress of the cure, and to make a report to the house, together with you and Mr. Graves. You will oblige us by acquainting Mr. Wilkes with this; and if you will let us know at what time you intend to fee Mr. Wilkes on Monday, we will be ready to meet you there. Mr Hawkins defires that the appointment may be for fome hours after twelve. I am, Sir, Your most humble fervant, W. HEBBERDEN. A |