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Debates of a Political Club

3-7 Caylus's Memoirs of the Court of

The British Theatre; containing an

Lewis XIV.


Account of the new Tragedy, Almi- Moorish Grammar and Vocabulary

da, and the new Comedy, intitled;


The Weft-Indian


Almida, a Tragedy


Essay on the Name Jehovah 17 Village Opprefled, a Poem


A brief Description of the English Furneaux's Letter to Judge Black-

Law Courts



Present State of the British Trade The Youth's Geographical Grammar,

with Europe, Africa, and America &c.


An Elegiac Epistle from John Halsar",

Proceedings of the Benev. Society 24 who was impresled on his Return

History of the Public Funds 26 from the East-indies, &c. ibid.

Origin of the East-India Company 29 The Fables of Flora


of the Bank of England ibid. A Philosophical Enquiry into the Na-

of the South-Sea Company 31 ture and Properties of Water ibid.

Account of the Sea-Ware, of which POETICAL ESSAYS


Kelp is made


Prologue and Epilogue to Aimiva

A Defence of King Charles I. ibid.


Mr. Horne's Letter to Mr. Wilkes 37 Retirement --Imitations of Sheriton's

Testimonies in Mr. Horne's Favour 41 Pastorais


Impartial Review of New Pub. ibid. New Year's Odc-Fatal Sikers

Genealogy and Antiquity of the Kings MONTHLY CHRONOLOGER

of Spain, &c.

ibid. Marriages


Historical Eliay on the English Con- Ecclefialtical Preferments



ibid. Bankrupts


A Sketch of the modern Siberians 43.

Foreiga Affairs

Generous Inconitant: A Novel 46 Stocks, Grain, Wind, and Weather

With a neat Engraving of



A View of the Town of STIRLINO in SCOTLAND.

LONDON: Printed for R. BALDWIN, at No. 47. in Pater nofter Row';

Of whon may be had complete Sets, from the Year 1732, to the prelent Time; ready bound

or idiched, or any single Month to complete Sets.

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JANUARY, 1771.



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Lncius Læna (L-d S-h) in Answer The previous question was acccrdingly

10 Aurelius Atticus (L-d Lớn) put, and the original motion for the continued from our Appendix p. 652. papers was rejected by fixty tive against

twenty-one, foto T is not the house, my Having thus given the public, with 定义 lords, we ever objected our customary fidelity, the desates on I a to, but to the papists of the demand made by Lucius Verus

the house. In the mo. Paterculus, in the upper club-room, for ments of our warmest all the papers neceffary to elucidate the indignation againit the dispute with Spain, we now proceed to

bigot James the Second, the motion made in the same room on we loved his family, we placed his the 28th of Nov. by Victor Americadaughters on the throne , and as I be- nus to ascertain the rights of election fore observed it was our love for the but as the argument on this subject protestant part of his family, that led was barely a repetition of what the reaus to apply to the electrets Sophia, in der will find in the political debates in the settlement of the regal succeilion. our Magazines of February, March The noble lord wishes, he tells us, to and April, we full confine ourselves abslith all party-distinctions, yet he is to that part of the reasoning, which greatly offended that the distinction of brancked into a digressive retrospection whig and tory is not inflexibly kept of our law courts, and the modle' of ad. up; the king must govern by a faction miniitring justice in some late decisions to please his lordship; he must not be of popular causes, on which Visor the common father of his people, but Americanus animadverting with much the monarch only of the whigs ; at a severity, Horatius Tullius (Lord M-d) time that these destructive distinctions made the following reply. are happily hastening to oblivion, they Most illustrious I-S, must be revived by a judicious fi vereign, THE opinion of this house has and to conciliate the attections of ali to been so repeatedly and so fully taken the government of a Brunswick prince, on the business of the Middlesex electhe unoffending posterity of the tories tion, that it is utterly needless for me must be held in a state of eternal pro- to make any answer to what the noble fcription! What weiglit, what re- lord has now been pleated to urge upon gard, my lords, is due to the reasonings the subject; I therefore rise only to of such wretched politicians; these correct these mistakes with respuét to mouniebanks in government, who his charges against me in a judicial prescribe the revival of parties as the character, charges quite remote from means of restoring domestic peace, and the purport of his motion, and introwhen they paint us on the brink of ruin duced merely as a frelh tub to amuse declaim on the necessity of our com- the wretched whale of popularity. mencing an immediate war ? To your It is extremely painful, my lords, Jordihips I submit the debate, and de- where a man is publickiy attacked,not fire the previous question may now de- only to have prejudice to contend with, cide the force of our respective argu- but ignorance; I say ignorance, be xents.

çaule highly as I respect the abilities of Jan. 17794

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my accuser in other matters, this is a sent every criminal of a popular napoint upon which he is entirely defti- ture, a martyr to the public good, and tute of information, indeed só desti- to excite a general abhorrence of all tute, that was I not apprehensive my legal subordination. silence might be liable to misconstruc- The noble lord will probably obtion, I should not have distinguished serve, that apt as the populace are to him with the attention of a reply. imbibe injurious opinions with respect The noble lord is pleased to say, that to men in office, there must neverthe constitution of this country has theless be some foundation for these not only been wounded in the House opinions before they can be universally of Commons in the material right of believed.- This, however, manifestly election, but in the court of King's contradicts his own declaration upon Bench by the immediate dispensers of a very recent occafion; where speaking the law. His lordship tells the house, of the late Lord Anson, he said, that that doctrines no less new, than dan- to the wisdom, experience and care of gerous in their nature have been in- that nobleman the nation was indebted culcated in this court, and that parti- for all the naval glories of the last war. cularly in a charge which I delivered to -Yet Lord Anton according to his the jury on Mr. Woodfall's trial, my account was so obnoxious to the millidirections were contrary to law, re- on, that my accuser thanks God he pugnant to practice, and injurious to had fortitude enough to place him at the deareft liberties of the people. the head of the admiralty, in spite of This is an alarning picture, my lords, all the popular clamours raised against it is drawn with great parade, and him; in direct opposition to the clacoloured to affect the passions ama- mours of the merchants, and the whole zingly. Unhappily, however, for the city of London. painter, it wants the eflential circum- If this is not sufficient to serve the stance of truth in the design, and must noble lord, what mall we say of Sir like many other political pictures be Robert Walpole's administration, thrown, notwithstanding the reputa- which he himself opposed, though he tion of the artist, among the miserable

now favours us with so many complidaubings of faction.

ments on the wisdom, on the rectitude So far in fact, my lords, is the of that celebrated statesman ? Or what charge without foundation, that the will he say to the late Lord Granville's directions now given to juries are the continued want of popularity, to same that ever have been. There is wliofe abilities, to whole patronage he no novelty introduced; no chicanery confelled himself indebted for every attempted; nor has there, till to serve thing he is in politics ?-Here are some interested purposes of late, been proofs of his own producing in favour any outcry raised against the integrity of unpopular characters; and I do of the King's Bench. When indeed not despair on future occasions to hear the abettors of fedition found, that a multiplication of the instances. tlie judges were neither to be flattered In the law particularly, my lords, from their duty by fulsome adulation, it is well worth observing that some of nor intimidated by the daring voice of the names most esteemed by the aclicentiousness; when they found that cusers of the present judges, have been Justice was not afraid of drawing her eminent for maintaining the very

docsword against the greatest favourite of trines, which now expose the King's an inconfiderate multitude, they had Bench to a torrent of unremitted obno resource but to impeach the probity loquy:-I could "quote numerous auof her ministers; to acknouledge the thorities, equally just and respectable, equity of any sentence against them- of this opinion, but I will only menselves, would be to give up their pre- tion three: Mr. Justice Dennison, tensions to patriotism ; and to acknow, Mr. Justice Forster, and Mr. Justice ledge their disregard of those laws, Yates, all independent men; the noble upon an attachment to which, they lord has misconceived the matter, by founded all their reputation with the implicitly believing, as many others people.-What, therefore, was to be do, what bas appeared in print respectdone? to traduce the judges; to re- ing the nature of libels, and directions present them as the servile tools of to juries, whereas much is often printevery arbitrary minister; to repre


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ed totally falfe and groundless; if I patient hearing upon a legal questioa
properly underitood the noble lord, he in this illustrious allembly.
meant to say, that the jury were told Victor Americanus replied to He.
they were only judges of the fact and ratius Tullius thus :
not of the law, but his lordship was

Most illustrious l_s, miitaken; I have always, in one uni- IF I conceive the noble lord on the form manner, told a jury, that they woolfack right, or have been rightly were to judge of what appeared by the informed by the public prints, from evidence in court, both respecting the which I candidly contess, I originally Publication and respecting the justifica- derived my information on this subject, tion of any libel; where no juitifica. the doctrine of the King's Bench is, tion of the matter in the information that a libel or not a libel is a question was entered into, they were :o find ac- of law to be decided only by the cording to their judgement, whether court, and the sole power of the jury the inuendos, and the criminal infe- is to determine upon the fact of printrence in the information, were such as ing and publishing.–This, my lords, the paper deserved. I shall at all I understand to be the noblé lord's times be proud of changing my opi- opinion, but this I never understood nion, when it appears that my judge. to be the law of England, on the conment is improper; many precedents trary I always underitood that the jury of the ableit lawyers doing so, might were competent judges of the law, as be recollected; and upon all trials well as of the fact, and indeed if they where I have presided, I have faid, are not, I can see no esential benefit that it I was wrong in my direction, arising from their institution to the I would most willingly be set right iri community. an arreft of judgement; for if a direc- I am therefore desirous, my lords, tion to a jury is improper, the whole I am earnestly desirous, that a day verdict is null and void, and a new may be appointed for examining into trial must be granted. It may pro. the conduct of such judges as dare to bably surprise the house, that no ob- establih this anticonstitutional practice jection has, in fourteen years, been in our courts.- I am well allured from ever made to my conduct in this par- the most respectable authority that the ticular, though I have so repeatedly de- practice is immediately subversive of fired it whenever I was thought our dearest rights, our most invaluable wrong. Judges, my lords, cannot liberties; and profligate as the times go aftray from the express and known may be, these are objects that interest Law of the land; they are bound by thould lead us to defend, even if we oath punctually to follow the laws. are wholly unactuated by principle. I have ever made it the rule of my In a late trial of an imputed libel, my conduct, to do what was just, and lords, it was declared from the benchi, conscious of my own integrity, am that if the jury instead of adding the able to look with contempt upon libels word only to their verdict had found and libellers. Before the noble loril, the defendant generally guilty of printtherefore, arraigns my judicial cha- ing and publishing, they would have racter, he thould make himself ac- found him guilty of the libel, even quainted with fasts; the scurrility of though the paper might be perfectly a news paper may be good informa- innocent. But where is the wonder tion for a coffee-house politician, but that our laws thould be perverted, a lord of parliament Thould always when the constitution upon which these speak from higher authority; though laws are built has been fo infamoully if my noble accuser is no more ac- wounded? The superstructure may quairted with the principles of law in well give way, when the foundation is the present point, than in what is ad- so notorioully destroyed.–Excuse me, yanced to support the motion, where my lords, for introducing the Midhe told us an action would lie against dlesex election so frequently. I canthe House of Commons for expelling not but introduce it on every occasion. Mr. Wilkes, I am fearful the highest The right of election is the vital cirauthorities will not extend his ideas of ition in the body politic. Stop it jurilprudence, nor entitle him to a and are politically destroyed.


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