not fay any thing that may give pain or difpleasure to others. However, I think I can fay enough on this head to fatisfy the moft fcrupulous without hurting the most tender. I muft premife that I have always carefully avoided three things. I mean the being placed upon any public occafion in any fituation of honour, truft, or profit, from which my name, my ftation, and my inclination equally diffuaded me. I have been regularly and indefatigably the drudge of almost every popular election, profecution, and public bufinefs-but never the object of any one. For three years paft my time has been entirely and my income almost wholly applied to public meafures. But tho with great caution, and fometimes obftinacy, I have taken care never to be the chairman of any company, nor the oftenfible manager or conductor of any matter; yet I have not been able to avoid being on three occafions the receiver of money. One of them was the election of Mr. Glynn. But there were no amazing funs in the cafe. The ten guinea fubfcription amounted to 2621. 1os. of which, for want of a more diligent collector than myfelf, only 220l. 10s. have yet been received; and that fum has been paid away long ago either by me, or by Mr. B, the treasurer of that fubfcription. Mr. Glynn and the fubfcribers muft examine and fettle that bufinefs, and if they have no objection, I am fure I shall have none, to lay each particular article before the public.-And now I have anfwered this charge as far as you have brought it, I defire to strengthen the charge, by informing you, Sir, that there was another fubfcription for Mr. Glynn's election. (Indeed the ten guineas were not fubfcribed for the expences of Mr. Glynn in his election, nor was any fubfcription for that purpofe intended; the ten guineas were fubfcribed to pay the expences of fome dinners which about twenty of us agreed to give to the freeholders in different parts of the county in the fummer, whilft Mr.Glynn was on the circuit. The fecond fubfcription was made only after the rist on the first day of election, in order to pay the additional expences incurred by that most villainous action, it seeming very cruel and unjust that fo barbarous and

wicked a contrivance fhould encrease the expence to Mr. Serjeant Glynn of a contest already fufficiently expenfive, and which had been carried on about feven month aginft all the powers and influence of government.

This fecond fubfcription amounted to 14011. 9811. of which have been paid; 420l. ftill remain unpaid. Of this money 400l. were paid into the hands of Mr. Vaughan, the treasurer on this occafion; 340l. 108. were paid into the hands of Meff. Lowry and Co. bankers in Lombard-ftreet: 240l. 10s. were collected by me from time to time as the fubfcribers fell in my way, and were paid again by me as occafion and opportunity offered: I likewife drew on Mefirs. Lowry and Co. for the money in their hands, with which I paid the demands on Mr. Glynn as far as the money would reach them. On this point I can only fay as before, that if Mr. Glynn and the fubfcribers have no objection, I fhall have none to lay each particular article of receipt and payment before the public.

The third charge is," that I have received fubfcriptions for the widow Bigby's appeal.' The widow Bigby's appeal was not brought by my direction; I do not mean that I difapprove it; I commend the measure,and if I had been applied to, fhould have advised it. I think the pardon granted to the murderers of Bigby was a horrid one, I think the fame of the pardon granted to Mac Quirk, and I do not believe either of them lawful. Mr. Stamford, the attorney who was employed by the widow, applied to a gentleman of character and fortune in the city for afliftance; that gentleman brought Mr.Stamford to me, who told me what he had done and what he intended to do; but he declared himself unable to bear the expence and go on with the appeal, unless he was affifted immediately with money. I undertook the matter, made myfelf anfwerable to him, and affifted him with money, and when I faw my friends I applied to them for their help, becaufe I was unequal to the burden alone. I did not indeed forefee that any member of the Houfe of Commons would move for leave to bring in a bill to take away the right of appeal from the people in cafes of murder; but I did forefee that Lord Mansfield would make such a

motion and fuch a bill unneceffary; and that he would by ftudied delays and difficulties most effectually take away the remedy of appeal; by fhewing us that the most eminent counfel at the bar are not able to proceed in fuch a courfe as to bring it to a trial and I fuppofed that he would, as he has done, fo protract the matter by fhifting his difficulties and his doubts, that either the proceedings on the appeal thould be dropped from the enormity of expence, or the obftinate virtue of the poor appellant have time to be cooled and corrupted. I expected only to fhew, what has been fhewn, that Lord Mansfield, who is fo dexterous at removing difficulties and fhortening the way to a conviction for iibel, according to the modern method of profecution, is as dexterous in finding out or creating obstacles to a trial in the ancient mode of appeal for murder, which was formerly the fubject's only remedy. And for this purpose I was willing, and did declare my willingness, to bear, if it was neceffary, the whole expence of the profecution. The few friends to whom I spoke on this occafion were of the fame fentiments, and they contributed towards the appeal. I afterwards found that good man, Sir, was as warm in this bufinefs, as myself; at his defire I waited on hin, and he was anxious to be a sharer in the burden. I fome time after fent a gentleman to him, with a lift of the fubfcribers, and an account of the money paid to the attorney, and folicited him earnestly to be the treafurer on this occafion. Sir for many reafons, excufed himself. Very lately this office has been kindly accepted by Mr. T-ke; he has the lift and the account, and the trouble of collecting the fubfcriptions. I do not defire any part of it to be kept fecret. I have received 11ol. 16s. and I have paid to the attorney 150l. and I have never been lefs in advance than I am at prefent, which is 30l 4s.

-9

The fourth charge is, "that I have received fubfcriptions for Mr. Gillam's

trial." A copy of his indictment was illegally granted to Mr. Gillam, in order to intimidate and disgrace another gentleman and myfelf. When the request was made, the judges were at first divided: Mr. Justice Afton and Mr. Recorder faw no objection to it, and they at last overperfuaded the Lord Chief Baron Parker: Mr. Justice Gould refufed it to the laft. Notwithstanding this copy of the indictment, I have never hesitated to declare that I did promote, and affift that profecution to the utmost of my power: but I did not at any time receive a farthing from any perfon on the account of Mr. Gillam's trial, or any thing relative to it. and I do affert there was no fubfcription for it. If you, Sir, can discover a fingle perfon who paid any fubfcription to me, or to any other on that account, it is your business to name him; otherwife we shall know how to name you.

The fifth charge is," that I have received fubfcriptions for the affair of the weavers in Spitalfields;" I never did receive any fubfcription for the affair of the weavers in Spitalfields; there never was any fubfcription on that account, or on any other relative to the weavers in Spitalfields. I took no fmall pains with other gentlemen to fave the lives of fome innocent men ; but though one was petitioned for by the Lord Mayor and all the aldermen who fat on the bench at his trial, with the strongest circumstances in his favour, and though another was unanimously and strongly recommended to mercy by the jury, they were both hanged. Their crime was not murder. I believe we had better fuccefs in our endeavours to stop the further mercilefs profecution of that unhappy body of men; but what we did was done without collecting money or fubfcription; and I do not believe that any money was paid, except zol. which I gave out of my own pocket, towards procuring counsel for one Baker, a whom Lord journeyman weaver, Mansfield had refufed to admit to bail

nocence.

till Term time, and till after hearing counfel; although the fame Lord Mansfield confefied that he was committed on a charge for an offence bailable at the very firft view, and which did not admit even the fhadow of a doubt. If any perfon did fubfcribe on this account to me or to any other, it is your business to name him.

Thus, Sir, I have answered your five charges, concerning fubfcriptions. Three of them (one faid to be left unpaid by me, and two faid to have been received by me) are totally falfe; there never were any fuckfubfcriptions. The other two, I hope, I have likewife antwered to your diffatisfaction. Though the proof of fuch charges ought to rest upon him who brings them, yet I think I may venture fafely to take even the oppofite proof on myfelf; for I trust however difagreeable it is to gentlemen to put their names in the papers, I truft Mr. Richard Oliver, who is treafurer to the Society of the Bill of Rights, and Mr. Serjeant Glynn and Mr. T-ke will do me that justice which is due to me, and add the authority of their names to the truth of what I have related.

But, Sir, there is one fubfcription more that I have received, and with which you have not charged me; I mean a fubfcription of 941. 175. 9d. raifed for you in my neighbourhood, which I have brought into the fociety very lately, at the laft meeting but one at the London Tavern.

This fubfcription I did not collect; it was only conveyed by me to the fociety. It was collected publickly in an open book, by Mr. B. H. Mr. B. Mr. D. Mr. H. of my parish; and this book was brought back to me only the day before I delivered it in; however, before this fubfcription, I advanced in the payment of demands upon you 381. Sd. which I am still to receive, and of the fubfcription itself feven guineas ftill remain unpaid to me.

Your last charge is, that I have received money for different publications, and you call upon me to lay before the public "an account of the profts on my vamped-up Sermon, Mr. Foote's Apology, Mr. Milling's letter, &c. allerting at the fame time that I defrauded Mr. Foote of 40 or 5ol. which I took from Meffrs. Davis the

bookfellers; and you bid me give you the evidence of Mr. Davis, both the father and the fon, and Mr. Foote's juftification of my difinterested friendhip to him."

Have you forgotten in how unmanly a manner you lately received the very manly behaviour of Mr Alderman Trecothick, when you were charged with the illiberal anonymous abute caft on that gentleman in the annals of his mayoralty?". - annals of three or four months!If you thought yourself juftified in refuting to acknowledge to the injured perfon an anonymous writing, how can you expect that I fhould give you an anfwer about pamphlets that bear other men's names? It is true I have always avowed whatever I have written ano nymoufly, whenever any perfon has complained that he was injured; as in the cafes of Sir. John Gibbons, Sir W. B. Proctor, Mr. Onflow, &c. it is my general rule when I am treated fairly; but the rule does not extend to, you; for in thofe pamphlets, even if I had written them, there is no reflexion upon you: when you attribute to me the pamphlets that bear the names of other men, and call for an anfwer, you are impertinent to me and injurious to them. Perhaps fome other perfon may think it as probable that you should have written the fermon, as that I fhould have written on fubjects of law and furgery. I know indeed how you will folve that difficulty, by declaring that there is as litthe divinity in the one as law and furgery in the others. Sir, I fhall only anfwer you what you must already uppole, viz. that of all the pamphlets I ever wrote in my life, I have regularly received the profits; and of all the pamphlets which I may hereafter write, I fhall, if I pleafe, regularly receive the profits. But that you may not envy me the amazing fums I have likewife received on that score, I will tell you exactly to what they amount; and that I might be exact I have settled accounts which were never before fettled. Of all the things I ever wrote in my life the profits amount to 661. 4s. id. not fufficient to furnish you with two months claret.

For the fraud with which you charge me on Mr. Foote, through Metrs. Davis, the bookfellers, it is a falfehood,

and

and you ought to be told fo in coarfer language. You bid me give you the evidence of Mr. Davis, both the father and the son, and of Mr. Foote. You who bring the charge fhould take the onus probandi; I can only give my own evidence. They muft, if they pleafe, give theirs for themselves. But why this Judaism, fir? why will not Mr. Davis the father fatisfy you? why vifit the fins of the fathers upon the children?

Sir, I will be bold to fay, the farther and the more particularly you fift into every part of my conduct, the more honourable it will appear; for very many circumstances will come out neceffarily in my defence which could not otherwife have been mentioned without boasting; and I defy all your art and all your abilities to make me, while I am honeft, either deteftable or ridiculous. However you must now do something for your credit's fake: at least be witty, at least entertain the public: fcraps of verfes will not altogether answer the purpose. Ab me! is no argument; quotations are not proofs. But if you will quote an incomparable poet you should take fome of his incomparable poetry. With fuch a choice of beauties before you, to select the paffages with which

you have lately patched your profe, convinces me that no friend can escape you; and that living or dead it is your ftudy and endeavour to fhew, if you can, their weak fides to the public. JOHN HORNE.

The following Letters appeared the Day after the Publication of the foregoing, relative to the Dispute between Mr. Wilkes and Mr. Horne. As they are of too interefting a Nature to be emitted, Impartiality required that we fhould lay them before our Readers. Fenchurch-street, Jan. 16, 1771. Think it my duty to declare that the charge brought against Mr. Horne, relating to the fociety at the London Tavern, of which I am treafurer, is falfe, fcandalous, and groundlefs; and all the other charges, as far as I know or believe, are the fame.

I

RICHARD OLIVER. Piccadilly, Jan. 16, 1771.

Meffrs. R. and W. Davis think it. incumbent on them to declare that the charge brought against Mr. Horne, concerning Mr. Foote's pamphlet, as far as it relates to them, or comes within their knowledge, is totally falfe.

ROBERT DAVIS, WILLIAM DAVIS.

ARTICLE I.

THE Genealogy and Antiquity of the Kings of Spain; Peerage, or different Degrees of Nobility; with their Privileges, and those annexed to the Title of Caftile. By Jofeph Berni & Catala, one of his Catholic Majefly's Counsellors. 1 vol. folio. Cooke.

We are at a lofs to know what end the importation of this article is likely to an fwer; the genealogy of the king of Spain is already well known in the country, and as to the particular privilege annexed to the title of Caftile, we fancy it is an object of very little confequence to the people of England.

11. An hiftorical Effay on the English Confiitution, or an impartial Enquiry into the elective Right of the People, from the first Eftablifhment of the Saxons in this Kingdom; wherein the Right of Parliament to tax our moft diftant Provinces is explained and juftified upen fuck conftitutional Principles, as will of ford an equal Security to the Colonifts, as to their Brethren at Home. 4to. 4s. boards, 45. 6d. bound. Dilly.

We have read this article with much at
Jan. 1771.

"So long as our provinces were in their infancy, it was acting the part of a tender parent to indulge them, by relieving them from all national expence; fince which, we have continued our tenderness to a criminal excefs, both in time, and degree. But now that they are become able, we call upon them to do their duty in a national capacity; by contributing their fhare to the expence of the ftate, with the rest of their brethren at home.

The power of providing for this national expence is the point of contest between Great-Britain and her colonies. Amongst the refolves of the reprefentatives of the Maffachufet's-Bay, unanimoufly paffed in a full house, on July the 8th 1769, we have their fenfe upon this matter. And though F

the rest of our colonies, in America, may not have expreffed themfelves fo clearly, yet their conduct fully manifefts the fame opinion.

I fhall give one of their refolves, as we have it in the public papers: Refolved, as the opinion of this houfe, that the fole right of impofing taxes on the inhabitants of this his majesty's colony, of Maffachufet's-Bay, is now, and ever hath been, legally, and conftitutionally vefted in the house of reprefentatives, lawfully convened, according to the ancient and established practice; with the confent of the council and of his majesty the king of Great-Britain, or his governor for the time being.

I could have wished that the gentlemen of the houfe of reprefentatives in the Maffachufet's-Bay had been more explicit with refpect to the ground upon which they found their opinion, for it is no uncommon thing to find bodies of men refolving what they have no right to refolve. They fay the fole right of taxing the people of their province is veffed in them by law and the conftitution. I fhould be glad to know by what law, or upon what principle of the conftitution they find that right vefted in them. If they had eonfined their right of taxing the people of their province, to pay the neceffary provincial expences of the internal police of their province, there could have been no objeetion.

But if they mean to fay, that they have the fole right of naming the fum of money, and taxing the people of their province to pay that fum which they ought to contribute towards the neceflary expence incurred for the defence and protection, and government of the whole community, of which they are only a part; I will take upon me to anfwer, That their opinion is neither lawful, conftitutional, juft, nor reafonable. If they have got an act of parliament by which they are vefted with fuch a power, let them fhow it; and then we fhall be all fitisfied that the gentlemen of the Maffachufet's-Bay are exempt by that law from the national rule of taxation and that they are permitted to live without paying any taxes at all towards the national expence; or only just as much as they fhall pleafe to afford out of their own bounty.

There is no principle in our constitution, neither was it ever the ancient practice (I do not mean the antient practice of the Maflachufet's-Bay), I mean the antient practice of England for thirteen hundred years paft, that any part of the community had a right to tax themfelves to defray the national expence of government. Let them take it at any point of time they pleafe, even as far back as the Saxon period before the conqueft, when the conftitution was in its perfection; when every fhire was a diftinct province as much as they are now; and a complete go

vernment of itself, fo far as to provide for the civil and military government of the faire; which they did in their fhiregemots, or fhire-affemblies amongst themselves.

But when any national expence became neceffary for the good of the whole, it was absolutely neceffary that a power should be lodged fome where to tax the whole, and not to fuffer every fhire to tax itself; and they very wifely vested that power in the hands of a felect number of men who were elected for that purpofe; and who were to decide upon that point by a majority of voices, which bound the whole community at once; and this put an end to all conteft about the matter. Whereas, on the contrary, had the hire of York, for instance, come to the fame refolution THEN, as the province of the Maffachufet's-Bay hath Now, it would have been a direct violation of the conftitu tion, and an attempt to diffolve the community as far as in them lay; and had they fucceeded, muft have brought on the deftruc tion of their old mode of government, which we call the conftitutional law of the land.

However, not to go fo far back as the Saxon period, we have an example in the city of London, which is a town and county of itself, and whofe government is established upon the old conftitutional principle; where the mayor, aldermen, and reprefentative body of men have a power of taxing the inhabitants to defray the expence of both the civil and military government of the city; yet, notwithstanding this, they are taxed in common with the rest of the people for the national expence of the state.

Our conftitution hath divided the country and people into parts; and fo far as concerns the internal police of the country they are independent of one another. But the fame conftitution hath united all thefe parts into one whole; and made them all obedient to the acts and laws of one legiflative authority. There cannot be a greater absurdity supposed in government, than to admit two legislative authorities in one ftate independent of each other. But upon this North American principle we shall not only have two, but we may have fifty-two. For, according to them, in every province we are now, or may hereafter become poffeffed of; where we provide for the internal police of the country, upon the English conflitutional principles; there we are to establish a legislative authority, independent of the legislative authority of Great-Britain. Such a principle as this, can, in its own nature, produce nothing but diforder and ftrife; is incompatible with the peace of all fociety, and every principle of our conftitution, and not to be admitted without their deftruction.

The predominant principle in our conftitution in this refpect, is to unite many parts into one whole; but this reverfes our conftitutional principle, and divides one whole into

many