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What fignifies talking about our laws, if the right of making thefe laws is violently torn from us? We cannot, therefore, enter upon any debate in which the Middlefex bufinefs will not be proper, in which it will not be ab folutely neceffary. I shall for my part confider it as the alarm beil to liberty; I fhall ring it inceffintly in the ears of the whole kingdom, till I roufe the people to a proper fenfe of their injuries, and convince our minifters, intrenched as they are in their venal majorities, that the privileges of English men are never to be infringed with impunity.

Victor Americanus was fupported in this argument by Sulpicius Strabo (Lord Cn.)

Moft illuftrious 1-s,

AS this debate feems to turn upon a point of law, and, from a motion for reftraining the depotim of the lower houfe in matters of election, has been changed into a ftricture upon the conduct of the noble judge on the woolfack, it would be highly neceflary to have the direction to the jury before us, which my illuftrious friend, who fpoke laft, has alluded to; if we can obtain this direction, and obtain it fully ftated, I fhall very readily deliver my opinion upon the doctrine it inculcates, and if they appear to me contrary to the known, the established principles of the conftitution, I fhall not fcruple to tell the author of his miftake in the open face of this aflembly. This I fhall think peculiarly my duty, as it may be fuppofed that a man, who has paffed through the highest departments of the law, has made the ftudy of the conftitution a more immediate object of his attention, than thofe 1-s who have not profeifionally taken it

up.

I am but too fenfible, my lords, of the difreputable ftate of our law courts at prefent, and I heartily with that fome effectual method may be taken to recover their former credit, their former dignity. The beft method of doing this, in my opinion, is to afcertain the truth, or the falsehood, of the popular reports, fo boldly, fo generally propagated against their mode of adminiftering juftice. Let us try, my lords, whether they are venal, or whether they are otherwife. As a

lawyer, I am a friend to the courts, and fhould be fincerely concerned, if the spirit of the times has fastened any unmerited ftigma on their characters. If they are, as they ought to be, immaculate, we cannot do them a more effential fervice, than to fix a day for enquiring into their conduct- We fhall then be able to certify in their favour-We fhall then give their probity the fanction of our evidence, and reftore' them to the efteem, to the confidence of their country. On the other hand, should the popular rumours have unhappily a foundation in fact, we owe it to ourfelves, and to pofterity, to drive them indignantly from the feats which they dishonour, and to punith them in an exemplary manner for their malverfation.

The noble lord upon the woolfack has been pleafed to fneer at my illuftrious friend, on account of his unacquaintance with law, and faying, that an action for damages lies against the House of Commons, in confequence of the Middlefex election.The noble lord however triumphs without a victory; if he fuppofes the laws of this country founded upon justice, he must acknowledge the propriety of the very obfervation which excites his ridicule-Will he venture to fay, that in the Middlesex bufinefs, the freeholders have not been grofsly, dangerously injured? Will he venture to fay, that being injured they have not a legal claim to redrefs?-a legal title to compenfation for the damage they have sustained? He knows they have - he cannot deny their claim, unless he places the fimple refolution of the other houfe, entirely above the established laws of the land, and tells us, that the loweft eftate of parliament is confitutionally warranted to annihilate the conftitution.

I am not, my lords, declaiming on this occafion, as the member of a party, as a courtier out of place, or as a man whom private pique, or public difappointment, has rendered at all events determined to oppose the operations of government-No, my lords

I have no attachment to Mr. Wilkes, as Mr. Wilkes; no refentment to Colonel Luttrel, as Colonel Luttrel; the perfon expelled, and the person

feated

feated by the Commons, is alike indifferent to me. I only feel for the liberties of the people; I only speak as the precedent appears dangerous to the pillars of freedom, and likely to weaken the conftitution over the heads of pofterity. On thefe principles I fhall ever follow the lead of my illuftrious friend, and tranfmit my name unfullied to the annals of my country.

Caius Tarquinius (the D. of G-) fpake next in the debate.

Moft illuftrious 1-s,

THE fubject of the original motion upon the table, having been repeatedly difcuffed in this affembly, and a new argument, relative to the conduct of our law courts, having arifen from it, that feems very necellary to be confidered, I fhall take the liberty of making a few remarks on what the noble lord, who fpoke left, has been pleafed to advance, and then move your lordships to adjourn, as there appears no great likelihood of deing any other bufinefs.

The noble lord on the woolfack has accounted, in the most fatisfactory manger, for the fcandalous reports which are propagated against the integrity of our judges, and I believe there is not an individual in this affembly, contrary a language as fome may use, who is not convinced, that thele reports fpring more from the very rectitude of the courts, than

from any real fufpicion of their venality. The great crime of the fages in Weftminiter-hall, my lords, is, their not having proftituted the publie ordinances of the kingdom to the purposes of fedition. Had the judges pronounced defamation legal--had they given a fanétion to outrage-had they declared the fubverfion of all government was right-and held it loyalty to make a noon-day attack upon the palace of the fovereign-had they, my lords, fupported licentioufnefs, by conceffions of this abject nature, then inftead of libels on their ditioncfty, we fhould only hear Io Paans to their praife-Popularity would pour forth all its doggrel to celebrate their unexampled virtue-Grubftrect would ring with miferable dit.ies to their henour, and we fhould fad them inceffantly extolled by the deluded multitude for thofe actions, which would lead the mind of intelligence to doom them to the axe.

The noble lord, who fpoke laft, profeffes himfelf a friend to the law courts, and indeed with good reafon, as he owes every confequence he poffeffes to thefe courts. He tells us, my lords, that we cannot poffibly confer a greater favour on the judges, than to fcrutinize their conduct, than to join with the 1er of the rabble, and give a foundation for clamour, by giving it the confequence of an enquiry. [To be continued in our next.]

THE BRITISH THEATRE.

HE late month has been particularly aufpicious to the the atre-Two new pieces, the one ALMIDA, a tragedy from Voltaire, by Mrs. Cilia of Genoa, a daughter of the late celebrated Mr. Mailet; and the other THE WEST-INDIAN, a comedy by Mr. Cumberland, have been exhibited with great fuccefs at Drury-lane. The tragedy having firft appeared is of course the firft object of our criticifm.

PERSON S. Tancred - Mr. Barry. Arnolph

Aldamon

Orbaan } knts.

Loredan
Catanio
Almida

Mr. Reddif.

Mr. Inchbald.
S Mr. Aickin.

}knts. {Mr. J. Aickin. J. Miskin.

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Mr. Palmer.

Mrs. Barry.

Sophia Squires,

Mrs. H. Barry.
Attendants, Wailing Women,
Soldiers, &c.

SCENE, Syracufe in Sicily.
FABLE.

Tfor a long time difracted by HE city of Syracufe having been inteftine broils the Senate were prevail. ed on by the party which efpouted the caufe of Orbaflan, a nobleman of great military abilities, to banish a young knight called Tancred, who was defcended from a noble Gaulish family, and had enjoyed an honourable poft in the armies of the Syracufans, which, together with his eftates, were given to his rival Orbaffan, by a decree of the national affembly, who made it death to any of their citizens that fhould give entertainment to, or hold

the

the leaft correspondence with the unfortunate Tancred.

During thefe tranfactions the fultan Solyman invaded the Ifland of Sicily with a powerful army, and laid fiege to Syracufe, which made the inhabitants unite for the general good, and defend themselves with fo much valour, that Solyman, tired with the tedioufnefs of the fiege, propofed making peace on certain conditions, one of which was, that Almida, the daughter of Arnolph, one of the first noblemen in the repu blic, a young lady eminently distinguished for her beauty and merit, thould be given him in marriage. This propofal was extremely difagreeable to Arnolph, who could by no means think of making his daughter a facrifice to a Mufiulman, and ufed all his influence with the fenate to make them reject Solyman's terms, which they did accordingly, and enacted, with the confent of Arnolph, that Almida fhould give her hand to Orbaffan, whom they made commander in chief of their forces.

At this period the play commences: Almida, who had been educated at the court of Cæfar, where the was at a very early age betrothed by her mother to Tancred, whofe amiable qualities made a lasting impreffion on her heart, was extremely fhecked at the determination of her father and the fenate, and endeavoured to poftpone the marriage for fome days, in order to find a method of acquainting Tancred with her unhappy fituation.

Orbaflan, who was remarkable for roughness and aufterity of manners, and who confidered the match merely as a political one, calculated to procure public happinels rather than his own, made no difficulty of deferring the nuptials for a fhort time. Almida then acquainted her confidant Sophia, that she had received intelligence that Tancred was in difguife at Meflina, and refolved to feize the first opportunity of prefenting himself before the citizens of Syracufe, and afferting his rights, to the utter confufion of his

enemies.

This information was communicated to Almida by a trufty flave belonging to Tancred, who had found means to pafs through Solyman's troops, and get into the city. To this faithful meffenger Almida delivered a letter

without any fuperfcription for her lover, defcribing her own diftrefs, and inviting him to Syracufe, declaring the doubted not but he would "reign there as much in the hearts of the people as he did in her own." The unfortunate flave had scarcely got without the walls of the city, when he was intercepted by Orbaflan's guards, who, fuppofing him a fpy belonging to the Mahometan army, killed him on the fpot, and, on examining his papers, found Almida's epiftle, which, from the contents, was univerfally believed to be intended for the fultan. Aftonifhed and enraged at the account of this fatal circumitance, Arnolph acquiefced with the fenators in dooming his daughter to immediate death, as the betrayer of her country, and the lady received the news of her fate without difcovering the perfon for whom the letter was really defigned, and with a magnanimity that furprized all the beholders.

At that time an ancient custom prevailed in Syracufe, which was, that if any courteous knight interfered in the favour of a woman who was condemned to death, and challenged, or fought, and conquered her accufer, fhe was by the laws of chivalry deemed guiltless, and preserved from punishment. Orbaffan, who was affected with the diftrefs of the lovely Almida, exprefled fome inclination to itand forth as her champion on this awful occafion, but finding, from a converfation with her, as her foul was above diffembling, that her heart was abfolutely engaged to another, refentment took place of pity, and he not only left her to her fate, but urged it on with all the rancour that difappointment and hatred could infpire.

At this juncture, Solyman having withdrawn his troops to a fhort diftance from the city, Tancred, and his friend Aldamon, arrive in difguife at Syracufe, where they foon hear the ftory of Almida's correfpondence with Solyman; ftruck with horror at her fuppofed infidelity, which is corroborated by feveral circumstances, Tancred refolves to tear her from his heart, but at the fame time penetrated with grief at the diftracted ftate of her father, and burning with rage against Orbaffan, he offers himself as a champion in her caufe, and dares his rival to fin

gle

gle combat. Orbaffan, without knowing his opponent, accepts the challenge, and is killed in the conteft; during which the fultan, at the head of his army, returns to the charge, and prepares to affault the city in feveral places.

Tancred, who is regarded by the people with the highest admiration, for his conduct towards Almida, offers himself to head a party of Syracufans against Solyman, being determined, as he imagines his miftrefs falfe, to feek a glorious death amidit the foes of his country. His offer is gladly accepted by the citizens, and just as he is going off, Almida enters to thank her deliverer; whom the foon difcovers to be her long loft lover, but fears to proclaim it, on account of the edict which had paffed against him, and is not a little diftreffed to guess the caufe of his coldnefs. Tancred, after abfolving Almida, in private, from her vows of fidelity, without aligning the caufe, requests her to forget him, and leaves her abruptly to lead his troops to the attack. Penetrated with anguish, refentment, and despair, Almida grows outrageous, reproaches her father, and execrates the fenators, as the origin of all her forrows, and refolves to follow Tancred to the field, for an explanation of his ambiguous behaviour.

The fally, conducted by Tancred, fucceeded beyond expectation; the Mahometans were put into confufion by the wonderful atchievements of this extraordinary ftranger, who was faluted by the Syracufans as the faviour of their country; and on his true character being at length difcovered, the fenate agreed, as a reward for his fignal fervices, to repeal the act they had paffed against him, and restore him to his hereditary honours.

This news feemed to afford fome profpect of happiness to Almida, who by this time had conjectured the true caufe of her lover's jealoufy; but it was of very short duration, for as he was entering the city, amid the acclamations of the people, the Saracens rallied and renewed the fight, in which Tancred engaged with abfolute defperation, and totally routed Solyman's army, but received a mortal wound that filled all Syracufe with forrow. Finding his death at hand, he fent a note to Almida to this purport: "I die from your Jan. 1771.

perfidy." The unhappy lady had just time to clear up the mystery before ber beloved Tancred breathed his last upon her bofom, and the hertelf explied foon after in a paroxyfmn of diftraction,

Having thus given the fabie of Almida, we cannot exprefs our opinion with respect to the merit of this piece, more fully, than in the words of an ingenious critique, which we have read in the St. James's Chronicle.

IN delivering my fentiments upon this very fuccefsful tragedy (fays the critic) my criticiims will not milio much upon the fair author of Almida, as upon the celebrated Voltaire, who wrote the original, Tancrede. The Lady has followed her French conductor, act by act, and fcene by scene therefore whatever faults may be found with the fable in its foundation and conftruction, they may be imputed to the French Veteran; and whatever alterations have been made in the tranflation, or imitation of particular fpeeches, must be placed to the lady's account. As it will be impoffible to remember, by merely attending the reprefentation, the paffages the may have weakened or improved, I fhail leave a difcuffion of that matter for a future paper, (when the tragedy is published) and only point out the defects and beauties of the drama in general, and recollect fome things in the French play, which have been omitted in the English, and (vice versa) some things added in the translation, and leave the publick to decide upon the merits and demerits of each. I lay it down as one of the most indifputable pofitions, that in a dramatic performance there fhould not be the least doubt or perplexity in the courfe of the story: the leaft mift or darkness will make an audience wander, and the particular fentiments or exprefling of the pathons may give delight; yet if a fpectator is bewildered in the progrefs of the fable, he can receive no joy from the art of the poet, but muit be often at a lots to account for the words that are spoken, and the actions which pafs before him. To begin then with an inftance of this kind in the French original, and which is tranflated into the English: the mistake of the fenate, viz. that the letter which Almida fent to Tancred, was meant for Solyman, is not fo clear B

as

as to be understood by common auditors in the reprefentation; if fo, the jealousy of Tancred is unaccountable, and the great point of the tragedy ineffectual. Suppofing this bufinefs of the letter was fufficiently cleared, is a letter, without direction, a proper foundation to erect an heroic drama upon fo flight a circumstance would hardly be thought fufficient for the plot of a fecond-rate comedy. Monf. de Voltaire has made use of the fame means in his Zara, and the critics even then objected to it; what will they fay to it in Almida, where the whole movement of the paffions, and the tragic confequences of them depend totally and neceflarily upon the fender bafis of an undirected letter? what reafon can be affigned, when Orbaffan fo nobly and difintereftedly offers himfelf to be Almida's knight-errant, and fight for her caufe in fpite of her crime; what can be the reafon, I afk, that the does not as nobly confefs her love for Tancred? There can be none but Mr. Bayes's reafon, viz. for the better carrying on of the plot. It may be anfwered, that he did not care to involve Tancred in her ruin, and bring upon him more perfecution. That could not be; he was already profcribed, condemned, and his inheritance confifcated. In the fecond act (if I remember right) Almida haughtily proclaims, that he has neither betrayed her father, Orbaffan, nor her country; but does not the in the third contradict herfelf, and with humility and forrow confefs that he has betrayed all three? Surely there is fomething improbable in the first interview of Tancred with Almida. It must be allowed a true affecting dramatic fituation; but is it not fomewhat unaccountable, that the lovers do not come to an eclairciffement?

can Almida, at that most critical junc? ture, refrain from declaring the truth, when the must be convinced, by Tancred's behaviour, that be likewife is deceived with the reft, and believes the letter to be meant for Solyman, and not for him -There can be no excufe for not publishing before the world her love for Tancred, and the fatal mistake of the letter. She is at that moment fnatched from the jaws of death by Tancred- not only her gratitude but her paffion urges her to difcover all; and not to do it, thews

2

that fome motive ftronger than both enjoins her filence. A burft of uncontroulable affection and the warmest gratitude would appear more in nature, and what would be expected from her fituation and character. Can Almida have any Thing at heart but her juftification? can Tancred have a with but to find his mistress faithful? and yet Tancred fcarcely hears what Almida has to fay. These are little blemishes. which are concealed by the delufion of the theatre, the fplendor of fentiment, and the animated pathos which runs through the whole. Such indeed is the intereft of the circumstances and the force of the writing, that the underftanding can only play her part when the hurry and warmth of the reprefentation is over; for Dennis himself could not attend the performance of Almida, without being affected with the power of the poet, and the enchantments of fuch an actress as Mrs. Barry. We now come to speak of the WeftIndian.

PERSON S. Bellcour (Weft-Indian) Mr. King Mr. Stockwell Mr. Aickin Captain Dudley Mr. Packer Young Dudley Mr. Cautherley Major O'Flaherty Mr. Moody Fullmore Mr. Baddeley An Attorney Mr. Parfons Stockwell's Clerk Footman Charlotte Louifa Dudley Lady Rufport Mrs. Fullmore Waiting Maids Mrs. Love & Bradshaw Confiables, Sailors, Negroes, Servants &c.

Mr. J. Aickin

Mr. Wright

Mrs. Abington

Mrs. Baddeley

Mrs. Hopkins

Mrs. Egerton

SCENE, LONDON.

FABLE.

MB. Stockwell, at an early period of life, having managed the affairs ofold Bellcour, a confiderable merchant in the Ifland of Jamaica, privately married the only daughter of that gentleman, who finding herfelf with child, and dreading the effects of her father's refentment, took every step in her power to keep her fituation à fecret; and being delivered of fine boy whilft he was negociating fome bufinefs in England, contrived, upon his return, to have the infant introduced to him as a foundling, that had been left at his door. As the boy

grew

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