[97] Mr. Jenkinson had also a powerful family interest in Oxfordshire, being the eldest son of Colonel Charles Jenkinson, whose father and brother, each a Sir Robert Jenkinson, had in turn represented the county for many years. His introduction to public life has been always ascribed to the zealous and effectual support he gave to Lord Parker and Sir Edward Turner in the famous contest for the county, in 1754, when many successful poetical squibs came from his pen. Sir Edward Turner or his friend Lord Harcourt, the chief of the Oxfordshire Tories, certainly obtained for him the post of private secretary to Lord Bute.—E.
[98] Lord Baltimore was properly acquitted, but the trial brought before the public such disgusting instances of his profligacy as to render the intervention of the Methodists to direct the indignation of the people against him quite superfluous. He soon after went abroad, and died at Naples in 1771, and having left no issue by his wife, a daughter of the Duke of Kingston, his title became extinct.—(Selwyn and his Contemporaries, vol. ii.)—He published in 1767 “A Tour in the Year 1763–4, with Remarks on the East, and the Turks, &c.” It was reprinted in 1768, and has since become very rare. A curious account of it and of its author is given in the “Bibliothèque des Voyages,” vol. ii. p. 79.—E.
[99] The report of these proceedings by Sir James Burrow would in some measure justify this observation of Walpole, for there seems from it to have been much coquetting between the Bench and the Attorney-General (De Grey), and an apparent desire by each to shift the responsibility upon the shoulders of the other. In delivering judgment upon the two cross motions then before the Court, viz. that of the Attorney-General for Wilkes’s committal, and that of Serjeant Glynn that Wilkes should be admitted to bail, Lord Mansfield makes this remarkable admission:—“I have no doubt we might take notice of him upon his voluntary appearance as the person outlawed and commit or bail him, but we are not absolutely bound to do it without some reason to excuse the going out of the regular course.” And in reference to the conduct of the Attorney-General he thus expresses himself, “I don’t see why the Attorney-General should demand of the Court to commit the defendant upon the outlawry, when he himself has suffered him to go at large without any attempt to take him up, or even issuing process against him.” (Rex v. Wilkes,—Burrow’s Reports, vol. iv. p. 2531–5.)—E.
[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 70,000l.—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.]
[105] See infra, p. 211.—E.
[106] Lord Mansfield, sitting by the Duke of Bedford in the House of Lords, said, if something vigorous was not done immediately, there would be a revolution in ten days, and the Government overturned,—yet when a motion was made against the riot, that dastardly magistrate sat still and did not utter a syllable.