Committed to the King's Bench, 27 April, 1768.
Determined to take the bull by the horns Wilkes now voluntarily surrendered himself to the King's Bench and demanded to have the former judgments against him reversed on technical grounds. It was decided, however, that nothing could be done in this direction until he was in legal custody by process of outlawry. A writ of capias utlegatum was accordingly taken out, but for some time the sheriffs' officers hesitated to execute it, so popular had he become, and the mayor had to discharge some of them for neglect of duty. At length he was taken into custody and committed to the King's Bench prison (27 April). When he left the Court the mob stopt his coach on Westminster Bridge, took out the horses, and themselves drew him as far as Cornhill. They insisted that he should not go to prison, but were at last, persuaded to disperse, and Wilkes quietly made his way to the King's Bench Prison and there surrendered himself.[204]
The king's letter to Lord North, 25 April, 1768.
Throughout the whole business the prosecution had shown a great want of resolution and decision, everyone trying to throw the onus upon the shoulders of someone else. The same indecision manifested itself in the Cabinet as to whether or not Wilkes should be allowed to take his seat. It was otherwise with the king, however. He had fully made up his mind that Wilkes ought to be expelled the House. Two days before Wilkes's committal he wrote to Lord North: "I think it highly proper to apprise you that the expulsion of Mr. Wilkes appears to be very essential, and must be effected; and that I make no doubt, when you lay this affair with your usual precision before the meeting of the gentlemen of the House of Commons this evening, it will meet with the required unanimity and vigour.... If there is any man capable of forgetting his criminal writings I think his speech in the Court of King's Bench on Wednesday last reason enough for to go as far as possible to expel him; for he declared 'Number 45' a paper that the author ought to glory in, and the blasphemous poem a mere ludicrous production."[205]
Riots at the King's Bench Prison.
So long as Wilkes remained in the King's Bench, the neighbourhood was a constant scene of rioting, and on Tuesday, the 10th May, when the new Parliament met, the mob threatened to release him by force and carry him triumphantly to Westminster. His outlawry had been argued by his friend Glynn on the previous Saturday, but Lord Mansfield had postponed giving judgment until the next term, and Wilkes had thus been prevented taking his seat. Hence the display of feeling on the part of the mob, which at length became so violent that the Riot Act was read, the military fired, and a young man was shot. This roused their indignation the more, and there was more bloodshed; but at last peace was restored.[206]
The Lords pass a vote of thanks to the mayor, 12 May, 1768.
The conduct of Harley—the aristocratic lord mayor—during the disturbance was so much approved that a motion was made in the House of Lords two days after Parliament had assembled to petition the king to confer some mark of royal favour upon him, but the motion was lost. The House, however, instructed the chancellor to convey to Harley a vote of thanks on their behalf for his efforts to preserve the peace of the city.[207]
Sentence pronounced against Wilkes, 18 June, 1768.
On the 8th June Wilkes again appeared in Westminster Hall, when he succeeded in getting his outlawry reversed. Ten days later, however, he was condemned to pay a fine of £500 and to suffer imprisonment for ten months for having written the offensive number of the North Briton, and to pay another fine of similar amount and to suffer a further term of twelve months imprisonment for his Essay on Woman. As if this were not punishment enough he was ordered to find security for his good behaviour for seven years, himself being bound in £1,000 and two sureties in £500 each. Still Wilkes had something to thank his judges for. They had spared him the pillory.[208]