duty of their office? Or is he fo ignorant, or fo malicious, as to wish it may be believed by any that the king does this, in any shape whatever? which none who are acquainted with the king's character and difpofitions will believe. Does he think the king is fo liable to infults, that he needs, to prevent them, to declare his determination not to fuffer them with impunity? Is he particularly afraid of infults from the great, that they are marked with a note of diftinction, in his officious, and no lefs offenfive, and ungenuine (as it must be) publication? Does he believe that fuch a declaration as he pretends to promote (if it were ever made) is ftronger, or will have a greater effect, than the laws of the land, which are fufficient to guard the throne from every thing that can be called an infult? Whatever be the mind of this perfon, who I do think must be very weak, if he is not worfe; I, and I dare fay, all the king's good fubjects, rejoice to think that his majesty's princely qualities, his amiable virtues, his love of liberty, and attachment to the conftitution, fo well known to all the people of these kingdoms, that they need no information of his difpofitions, fuch as this (I must think fictitious) declaration feigns to convey; and I fhould hope, few of them need any monitor of their duty to fo excellent a prince :-his own royal character, and the love of his fubjects founded in it, are an impregnable fecurity against all infults ;and if any man is fo mad, as well as undutiful, as to any, the law is fufficient to check his infolence, and prevent his example being followed. The LAW will have its courfe in every cafe, though the king fhould never hear of any particular one that is or may be depending at law, and though he never fhould open his mouth on fuch a fubject. And no fpeeches nor declarations he could make, any where, or to any perfon whatever, except in VOL. I. offer Р fome tome place, or upon fome occafion, when his royal words are the voice of government (if he was fo very ill advised as make any other, which I think the advisers would deferve to fuffer for) will or can have the smallest effect whatever. It is that fame circumftance (THAT THEY CANNOT) however little it may feem to be, that is comprehenfive of the whole of ENGLISH LIBERTY: In it lies the ineftimable bleffing of this happy CONSTITUTION. PHILO REGIS ET LEGIS N the 6th of July the king's meffengers were brought to trial before lord chief justice Pratt at Guildhall in London, for unlawfully feizing fe veral journeymen printers, who were fufpected (for it could be nothing more) of being concerned in printing the 45th number of the North Briton. The points contended for on the part of the crown were, 1. The legality of the warrant. 2. The due execution of that warrant. 3. Two acts of parliament of James I. and one of George II. in the nature of a bar to the action against the defendants, the messengers; and fending the plaintiffs over for remedy against the fecretaries of ftate.-And the council for the crown infifted, that the Juries fhould find a Special Verdict. The Jury infifted on their right to find a GENERAL VERDICT under the direction of the court. The chief juftice gave his opinion that the jury could not be compelled to find a special verdict and likewife his judgment and the reasons of it, on the three points of law, viz. 1. That the warrant was illegal. 2. That it was illegally executed. 3. That the fecretaries of state were not within the acts of parliament of James I. or George II. and confequently that the action will lay against the meffengers. The council for the crown tendered a bill of exceptions against the opinions of the lord chief justice on the points of law, ready engroffed; but which contained fo many impertinent narrations, and falfe ftates of facts, &c. That after many erafures and altercations, it was agreed, that as it could not be admitted in its then form, it should be fettled with the infpection of the council for the plaintiff. The chief justice fummed up the evidence and left the damages to the jury; who brought in a verdict against the Meffengers with 300 l. and cofts. JURYMENS NAMES, who thus bravely and honourably distinguished themfelves, in the caufe of liberty and Englishmen. Peter Cazalet, Foreman. Richard King William Bond Thomas Dickins Thomas Selwin John Daniel Cottin John Wefkett James Randall Frederick Teufh Peter Defchamps May all future juries act with the fame intrepid and impartial fpirit, and may there never be wanting an ENGLISH judge who will hear with patience, and decide with candour. TH Obfervations on the above trial. HE caufe will ever be beft ferved, which its advocates maintain with candour, and reft its fupport on the basis of found reafon and argument, rather than upon the chicanery of law, and thofe mean fubterfuges which the crafts of counfel P 2 have have devised, in order to counteract the fair and equal administration of juftice. The late proceedings at Guildhall, upon the trial of the messengers, are a convincing proof of the truth of this axiom. After all the points, both of law and fact, which were in debate, had been clearly and learnedly argued on both fides, and that fhining ornament of the prefent age, lord chief juftice Pratt, had in confequence of thefe pleadings given his opinion in the most impartial and perfpicuous manner, a bill of exceptions, to his decifions, was then tendered, which appeared to be fairly engroffed on two skins of parchment, confequently had been brought into court before the commencement of the trial, and afforded a convincing proof, that a refolution was previously taken to object to the opinion of the judge, and the verdict of the jury, even before it could be known what that opinion or what the verdict might be. The defendants counsel also fhewed their want of candour, by their endeavours to intimidate the jury, to bring in their verdict special, which did not pafs unnoticed; however, THEY WERE RENDERED INEFFECTUAL, BY THE STEADY PERSEVERANCE WITH WHICH THESE TWELVE WORTHY ENGLISHMEN SUPPORTED THEIR UNDOUBTED RIGHT OF FINDING A GENERAL VERDICT, ACCORDING TO THEIR CONSCIENCES, AND THE OATH THEY HAD TAKEN. A conduct which will render this unbiaffed jury defervedly dear to every true Englishman. I appeal to every impartial fpectator, whether the defendants counfel did not, in the whole of their proceedings, on that memorable day, by their apparent want of candour, prejudice the caufe which they meant to fupport. SCIPIO AFRICANUS. Justum Juftum et tenacem propofiti virum, non voltus inftantis tyranni mente quatit folida. W HEN a nation once lofes its regard to juftice; when they do not look upon it as fomething venerable, holy, and inviolable; when any of them dare prefume to leffen, affront or terrify those who have the distribution of it in their hands; when a judge is capable of being influenced by any thing but law, or a caufe may be recommended by any thing that is foreign to its merits, we may venture to pronounce that fuch a nation is haftening to its ruin. For this reafon the best law that has ever paffed in our days, is that which fecures our judges in the enjoyment of their offices, during their good behaviour, notwithstanding the demife of the crown; and which establishes their falaries during the continuance of their commiffions. His majesty, in his fpeech to the parliament on the above occafion, was pleafed to declare, that he looked upon the independency and uprightness of the judges of the land, as effential to the impartial adminiftration of juftice, as one of the best fecurities to the rights and liberties of his loving fubjects; and as moft conducive to the honour of the crown. I dare fay the extraordinary person who is pofted in one of the chief stations of the law, would have been the fame if that act had never paffed; but it is a great fatisfaction to all honeft men, that whilst we see the greatest ornament of the profeffion in one of its highest pofts, we are fure he cannot hurt himfelf by that affiduous, regular, and impartial adminif tration of justice, for which he is fo uni erfally celebrated by the whole kingdom; fuch men are to be reckoned P 3 |