"Mr. North Briton is the fate of kings, "who, by the circumftances of royalty, "are expofed to have their glory fullied, "and their loyal fubjects oppreffed, by a "deceitful minifter! who is equally an enemy to the royal reputation."

On proceeding by Attachment.

B.

Diffimulabo me HORUM quicquam fcire? PLAUTUS.

ΤΗ

"By this time, Sir," (he went on) you must have fully perceived the ne"ceffity of the task I have undertaken."To publish an hiftory of these matters, in these times, would be dangerous; "but, thanks to the public fpirit of Mr. "Wilkes! (to which the nation is more "indebted than it ever can repay) to "write an hiftory of them, at this æra, "carries no danger with it. The trage"dy of Algernon Sidney cannot now be "prefented again. My private papers, "at leaft, are fafe: and to thefe private papers, written by an eye-witnefs of "the tranfactions they treat of, will it "be owing, that pofterity will ever be "brought to believe, that in the reign "(I fpeak it without flattery, for I fcorn "to flatter even kings) of as amiable and "good a prince as ever fat upon a throne, "a felfifh favourite could have the ad"dress, not only to attain the reins of "adminiftration himself, but to push in"to power, men of the most abandoned "principles-known adulterers-liber"tines-and what not? Thus, to curfe "the honefteft nation in Europe, with the "measures of as prodigal profligates, as "the whole round of human nature can "bestow! I repeat, Sir, that I fancy "pofterity would hardly credit fuch a "tale, if not handed down to them by a "writer who, living, felt the truth of it"

HE public converfation has greatly run of late, and the public papers have been much employed, on the fubject of attachments; but I cannot say I have yet known it treated in fo proper a light, or fo extenfively, as it will admit of: A few thoughts, therefore, on this important matter, may not be unacceptable to the readers of the North Briton.

Attachments, then, were introduced into all the fupreme courts of law and equity upon the most conftitutional ends, viz. to maintain their dignity, enforce their rules and orders, and support their legal authority. Nor can it be doubted, but that the spirit of our conftitution mult approve of an inftitution aptly and strongly calculated to defend a jurifdiction given by itfelf; and fo extremely neceffary to its existence, that without it, justice could not be duly administered.

The adminiftration of juftice is the end of government in general: Without the proper means to protect the authority of our courts, it is manifeft that this great end cannot be obtained: Nor can it be properly compaffed, if the respect due to the procedure of our judges, in their juridical capacity, was fuffered to be infringed. An univerfal apprehenfion of the wifdom and impartiality of the proceedings of our judges is the great basis of their authority; and, therefore, these respectable characters ought to be guarded by the most wholefome leverities. But I, nevertheless, hope, for the fake of public liberty, that the falutary means made ufe of to attain thefe conftitutional purposes, fhall be always as legal, as the ends that are fought to be effected by them are just. Inquifitory methods cannot answer this end; because, the eftablishment of those methods, or even the most diftant supposi

tion of their utility, in any cafe, is a fatire upon common fenfe, and a libel upon the first principles of law and juftice. When the court of Star Chamber, that fate inquifition! fubfifted, too many of its modes of proceedings were unhappily adopted by other courts; and it is much to be feared that fome of this old leaven may even yet be remaining. Wherever this shall be found to be the cafe, it is highly requisite that it should be exterminated; left, instead of preserving the juft authority of the court where it fhall be difcovered to exift, we should, by fuch inadequate practices, actually unhinge that conftitution which gives to our courts of juftice their real ftrength. A measure may be rendered abortive by being too tenaciously pursued and a good purpofe may be fruftrated by using rigorous means to obtain it. Moderation in every purfuit is best. Even religion can fuffer, if enforced with a perfecuting fpirit.

The beft authority that can be produced, affures us, that no man is, in any cafe, bound to excufe himself; and this great maxim of justice ftands fupported by the highest example. The prince of peace, when arraigned at the judgment feat of Caiaphas, lord chief juftice of Judea, fet up this reasonable plea. The interrogatories of that cunning and enquiring judge, Caiaphas, were framed for the purpose of entangling: Our bleffed Saviour, therefore, anfwered them not; but gave him for reply," I spake openly to the world;

in fecret have I said "nothing. Why afkeft thou ME? Ak "THEM which beard me.” *—The propereft return to questions put with a base view of finding a pretence for fome cruel decree! And a most inestimable leffon of reprehenfion to all future Caiaphas's!

Although all offences ought to be punished, yet a generous temper difdains to take any advantage of inadvertant anfwers; but, above all things, fcorns to compel any man to fpeak, when his words may turn to his prejudice, or fubject him to punishment. In all cafes of dubiety, the prefumption of innocence should prevail in favour of the party accused; because every man is to be efteemed guiltless of the crime imputed to his charge, till the contrary is proved; and in cafes of no

* St. John XVIII, 20, 21.

dubiety, there cannot be occafion to inter rogate the culprit himself.

By our common law the defendant is in no cafe obliged to put in his plea upon oath; and though in the courts of equity the confcience of our party may be examined under the facret tye, for the fake of preventing the effects of an obftinate iniquitous purpose where legal evidence is wanting to afcertain the truth of the fact, yet thefe high courts have ever been exceffively careful, that no man should be obliged to difclofe upon oath any secret tranfaction, whereby infamy, or any public infliction, might be incurred. Since, then, the genius of our law abhors this cruel dilemma of forcing any man into a fituation fo injurious to himself, I must fincerely hope, that no mode of proceeding will, hereafter, in any cafe be put into practice, whereby the people fhall be compelled to the horrid alternatives, of committing of perjury; accufing themfelves of punishable offences; or, of fubjecting themselves to the lofs of their liberty for refusing to do either.

The tendency and hardship of fuch a procedure is fo exceedingly obvious, that we cannot fuppofe that a thousand precedents, was it poffible to produce them, could fanctify a practice fo big with danger, and fo fraught with ruin. But, I believe, I may fafely affirm, that none of our conftitutional courts, have ever proceeded in this inquifitory manner, where the common law gives a remedy in its ordinary courfe; becaufe it has been hitherto deemed an inviolable maxim in law, that extraordinary means ought never to be purfaed, where the end proposed may be obtained in the ordinary way, according to the common rules of law,

From general confiderations on the nature, the expediency and inexpediency, of attachments, let us apply our reflections to fome fuppofed particular cafe. For initance, that of publishing a libel. The publication of a libel is a crime, which, by its nature, exposes the publisher to punishment in the ordinary way of indictment ; and, therefore, in that cafe, though never fo fingularly circumftanced, there appears to be no occafion to proceed by attachment to the punishment of the delinquent: because, this end may be readily obtained in the ordinary courfe of justice. The effence of the crime confifts in the publication; the publication, is done in the face of Pp 2

the

"ple, amongst whom there is not to be "found a jury fufficiently generous and "upright to protect the wounded cha"racter of a court of justice, or any par"ticular judge!-Surely, in the opinion

There are fome very material differences to the pannel, between a procedure by attachment and that by indictment. In the former cafe, the profecuted party is deprived of the benefit of a jury, and may be compelled, upon pain of imprisonment, to anfwer interrogatories, upon oath, whereby he may accufe himself and others. In the latter, the pannel must be tried up on the plea of not guilty, by a jury of his peers in curia, when he has no obligation to fay more or lefs, on any occurrence, than he deems convenient or proper for his defence. No principle, therefore, it may be prefumed, can induce a procedure by attachment, where the fame end may be obtained by indictment, other than an inclination to take advantage of compelled anfwers, and to deprive the pannel of a benefit to which his birth, as an Englishman, entitles him. Purposes, fo far beneath a court of law in a free country, that I believe no court in this kingdom will every be justly accused of entertaining them!

The charaters of our courts of juftice, and our judges, ought ever to be etteemed moft facred: But there is a refpect alfo due to the reputation of a people, fo famous all over the world, as the English, for every great and laudable quality. What would the rest of Europe (who are no ftrangers to the excellence of our conftitution) fay, if a mode of proceeding, without a jury, fhould ever be introduced in any of our courts, in the cafe wherein the character of a court of justice, or a learned judge fhould be concerned, and which shall be properly cognizable by a jury? On fuch an occafion, it would be natural for them to deliver themselves in thefe, if not in coarfer terms: "How "much inistaken has been our opinion of the English Their own courts of juf"tice think it imprudent to trust them in "a caufe in which one of their courts, or "one of their learned judges, is intereft ⚫ed. What muft we think of the peo

At this time I can only obferve, that I hope no æra fhall ever prefent the world with fuch a reafon for cenfure, nor our enemies (foreign or domeftic) with such a caufe of triumph. We cannot say that it is in our power to affert, that our liberty and character can ever be fafer than under their care who now preside in Weftminfter-hall. They are all honourable men : and if it should ever occur, that so interefting a question should come under the deliberation of all, or any of them, I do not doubt but their determination would be a thining proof of their being deferving guardians of liberty, and most confcientious difpenfers of juftice; and that, by repofing a confidence in the impartiality and virtue of an English Jury, they would confound the hopes of all thofe foes to our happy conftitution, who rejoice at every infringement that can poffibly take place on the great immunities of this free nation. I cannot believe but that every good Englishman must hudder at the thoughts of deriving fecurity to his fame, his life, or his property, from other hands, than thofe with which our constitution has entrusted all that is dear to him-I mean an English jury; nor can I bring myself to credit, that any person in the prefent age (whatever may chance to happen in any future one) will ever arrive at fuch a fummit of honour and power in the law, as to raife in him the hopes of robbing his fellow-fubjects of a privilege that is the greatest barrier of their liberties; or, to entertain the most distant intention of infnaring defendants, by compelling them to answer entangling interrogatories by ATTACHMENT, where the cafe is fairly cognizable by a JURY.

B.

1. CONSIDERATIONS relative to a bill for taking off the duty on all raw falks, &c. 8vo. p. 38. 18. Wilkie.

This bill, the writer fays, is now under confideration of parliament. With regard to the continuance of this duty, the principal arguments are thefe; 1. that the government cannot give it up, because the annual computed amount of it is actually pledged to the public creditors, and confe. quently an annihilation of it would be a breach of public faith, by weakening that fecurity which the creditors of the nation expect should ever be held facred; and, 2. that the taking off this duty, if it anfwered the end propofed, would be no advantage to the manufacturers of this kingdom, but, perhaps, the contrary; for if the two hillings a pound duty were taken off, much larger orders would, no doubt, be given by the English merchant to his correfpondent abroad; this encreafed demand would naturally enhance the price, the alarm would spread, and the two fhillings in the pound would foon, inftead of being paid to the government in England, be paid to the grower in Italy; fo that by grafping at the fubftance, we should only catch the fhadow.

To these objections the writer anfwers; firft, that the lofs to the revenue may be made good by an equivalent, and that a duty on orgazine, or thrown filk, might anfwer the fame end; and to the fecond objection, though he admits the obvious effects of an increased demand, yet he justly obferves, that as our demands are confined to no particular country, they can have no confiderable local operation; we fhould Rill go to market upon equal terms with our neighbours, the French and Dutch, and have ing no other clog at home than what naturally arifes from the different price of provifions, our manufacturers, who are now at a ftand for want of employment, would be able to furnish the markets upon more equal terms than they can at prefent. One great and recent initance of the deplorable fituation of thefe induftrious but unhappy people, occasioned by the dearnefs of raw fiik, the author, to thew the neceffity of abolishing this duty, has produced -A gentleman, fays he, who has the most valuable filk-mills at Derby, not being able to supply his edifices, and keep

them working in the usual manner, on ace count of the dearness of raw filk, without lofing very confiderably by it, was induced by this confideration, and great tendernefs for his diftreffed labourers, to pay them their ufual prices of hire, without having their labour for it; which, though more eligible than to keep them working for working fake, upon the rifque, nay, upon a certainty of lofing a confiderable fum of money, was nevertheless an act of great humanity and goodness, which does honour to the gentleman.

2. A full and free enquiry into the merits of the peace; with some ftri&tures on the spirit of party, 8vo. p. 160. Payne. This pamphlet is written in a very matterly manner, in juftification of the peace. The author, after admitting the advanta geous fituation of Great Britain, at the time when the negotiations for peace commenced, expatiates largely on the generous motives of fympathy and compaffion in ttopping the effufion of human blood, terminating the defolations of war, and giving repofe to Europe; and, on the great and univerfal principal of the law of humanity, the law of nature, and the christian law, that of doing to others what you would have them do unto you; on these confiderations the peace will not only appear, he fays, a wife and patriotic, but an act of the highest and most exalted benevolence, and fuch as well became the dignity of that king, who is the father of his people, and the friend of man.

3. Confiderations on taxes as they are fuppofed to affect the price of labour &c. 8vo. p. 64. Is. 6d. Johnfton.

The author of this little treatise (if he has not absolutely proved his affertion, That taxes on the neceffaries of life, and the high price of provifions have not been disadvantageous to the trade of thefe kingdoms, but the contrary) has faid every thing in fupport of his argument that could be faid upon the fubject. He has fhewn from our own experience, and the example of foreign nations, that labouring lefs, and not cheaper, has always been the confequence of the low price of provifions, and that where provifions are dear, from whatever caufe, labour is always plenty, always well performed, and of courfe is always cheap. In England fince we have had high taxes and excites, our exports have greatly encreafed; and when provifions are dear, labour is per

formed