[100] The reason assigned for these voluntary errors is, that the punishment of outlawry is greater than the crime on which it is inflicted--but is it more sensible to facilitate the defeat of an outlawry than to lessen too rigorous a punishment? [This was the ground mainly relied on by Mr. Justice Yates in his judgment, but was not adverted to either by Lord Mansfield, Mr. Justice Acton, or Mr. Justice Willes, in disposing of these preliminary motions. It is now admitted that the object of the process in outlawry is not penal, but to enforce the personal appearance of the party against whom it is issued.--E.]
[101] This is probably a mistake for Northampton, in the contest for which and the ensuing petition Lord Spencer expended at least 70,000_l._--E.
[102] The Duke of Grafton says in his Memoirs, that at the first Cabinet no one contemplated the difficulties which afterwards arose out of Wilkes’s case. Many persons, among whom was Walpole himself, considered that Parliament was the very place where Wilkes would do least hurt. (Letter to Sir Horace Mann, 31st of March, vol. i. p. 384.)--E.
[103] Walpole’s statement of the decided view taken by the King of Wilkes’s case from the very first is perfectly correct. In a letter to Lord North of the 25th of April, the King says, “Though entirely relying on your attachment to my person as well as in your hatred of any lawless proceeding, yet I think it highly expedient to apprise you that the expulsion of Mr. Wilkes appears to be very essential and must be effected. The case of Mr. Ward, in the reign of my great-grandfather, seems to point out the proper mode of proceeding. If any man were capable of forgetting his criminal writings, his speech in court last Wednesday, &c.”--(This extract was made by the editor from the King’s letters to Lord North,--a very curious and interesting collection, of which the friendship of Lord Brougham obtained him the perusal from Lady Charlotte Lindsay.)--E.
[104] His daughter returning from France at the time of the Dauphin’s wedding, when all post-horses were stopped for the service and relays of the Dauphiness, who was expected from Vienna, Miss Wilkes was regularly furnished with post-horses to Calais. [There is no confirmation of this statement in Wilkes’s correspondence, nor is it reconcilable with the fact that he was at that period in great distress for even small sums. The suspicion, however, was very general. Lacretelle says, “Wilkes, en agitant sa patrie, servit si bien les desseins du Duc de Choiseul que quelques Anglais le regardèrent comme son agent secret.”--Histoire de France, vol iv. p. 175.--E.]