But though the Court affected to proceed according to law, its votaries acted as if a martial campaign was opened. An advertisement on Lutterell’s side called on _gentlemen_ to accompany and defend him, and not to suffer the mob to govern. Captain Roache, at the same time, advertised that he acted in concert with Wilkes; and told Lutterell, that if there should any disorder arise, he should ask no questions but of him. Lutterell replied, that he would not fight till after the election. The Duke of Northumberland, fearing for his own popularity, gave out that he had influenced no votes on either side.
On the 12th, Colonel Lutterell proceeded to Brentford with a much smaller troop of gentlemen than he had expected; and the mob having assembled before his door, that little band of heroes stole away to the election by breaking down the wall of the garden behind Lord Irnham’s house. This prevented their rendezvous at Holland House, where a great breakfast had been prepared for them. Stephen Fox, Lord Holland’s son, proposed Lutterell, as Mr. Townshend did Wilkes. Townshend desired the people to behave with temper and decency; told them, that was no time to be unruly: if they should be denied justice, then would be the moment to defend themselves by the sword. For Wilkes were given 1143 votes; for Lutterell, 296; for Serjeant Whitaker, who had thrust himself into the contest, only 5; for Captain Roache, not one--but he was hissed, laughed at, and forced to retire, it being suspected that the Court had bought him.
While this business was in agitation, the House of Commons voted the militia perpetual, on a division of 84 to 79. Beckford and Barré abused the Rockingham party; and each faction avoided taking part with Wilkes and the Supporters of the Bill of Rights--a disunion that made the Court amends for the errors of their own conduct.
Wilkes being returned by so great a majority, was again rejected by the House: and the Ministers avowed that they intended, according to precedent, to substitute Lutterell on the poll, as being the legal candidate who had had the greatest number of voices; and the sheriffs were ordered to attend next day on purpose. General Conway strongly supported that intention, for the dignity of Parliament. He had studied the case laboriously, and persuaded himself that it was founded on the law of Parliament; yet neither he nor its warmest advocates could produce a parallel case, all the precedents quoted for establishing the second person on the poll having happened only where the rejected person had been incapacitated by Act of Parliament, as minors, &c.; whereas Wilkes lay under no legal incapacity, but had been declared incapable by a vote of one House only, which does not constitute a law. Had Conway, Sir Edward Hawke, and Lord Granby been firm to their first resolution, the Court would not have ventured on such obnoxious and alarming precedents. It was not less prejudicial, that Lord Chatham, though so long announced by Lord Temple, did not appear during that whole session; whether still temporising with the Court, or that his intellects were yet too disordered, had he stood forth the champion of Wilkes, at that crisis, it might have shaken the predominance of the Court. Norton himself was irresolute; shuffled at the consultations held at Lord North’s, and though bought to be on his own side, could not be steady to it. The House again endeavoured to avoid mention of Townshend and Sawbridge; but Edmondson, a foolish Scot, insisted on having the list read of those who had proposed Wilkes--yet no notice ensued--though Townshend, to force out the name of Lord Holland’s son, asked who had proposed Lutterell?