Page images

the opinion of a judge ; and therefore I will ftill be clearer on our fide from Ful. mention the words of justice Powel in the ler's case, for fallly and wickedly causing fanie trial, where he says (of the petition to be printed a false and scandalous libel, cf the bithops, which was called a libel, in which (amongst other things) were and upon which they were prosecuted by contained these words : “ Mr. Jones has information) Thar,“ To make it a li. also made oath, That he paid soool. more bel, it must be false and malicious, and by the late king's order, to several pertend to [edition ;" and declared, “ As sons in places of trust, that they might ke saw no fallhood or malice in it, he complete my ruin, and invalidate me for was of opinion that it was no libel.” Now ever. Nor is this all; for the said Mr. I should think this opinion a one, in the Jones will prove, by undeniable witness case of the king, and in a case which the and demonstration, that he has distributed king had so much at heart, and which to more than 180,000l. in eight years last this day has never been contradicted, palt, by the French king's order, to permight be a fufficient authority, to entitle lins in public trust in this kingdoin." us to the liberty of proving the truth of Here you fee is a scandalous and infamous the papers, which in the information are charge against the late king ; here is a called false, malicious, feditious and scan- charge, no less than high-treason, against dalous. If it be objected, That the opi. the men in public trust, for receiving monions of the other three judges were a- ney of the French king, then in aetual gainst him ; I answer, That the censures war with the crown of Great Britain; and the judgments of these men have undergone yet the court were far from bearing him and the approbation of justice Powel's down with Star-chamber doctrine; to opinion, his judgment and conduct upon wit, That it was no matter, whether that trial has met with, and the honour what he said was true or false : no; on he gained to himself, for daring to speak the contrary, lord-chief-juttice Holi alks truth at such a time, upon such an oc. Fuller, "Can you make it appear they casion, and in the reign of such a king, are true? Have you any witnesses? You are more than sufficient, in my humble might have had subpoenas for your witopinion, to warrant our insisting on his nelles against this day. If you take upjudgment, as a full authority to our pur- on you to write such things as you are pole ; and it will lie upon Mr. Attorney charged with, it lies upon you to prove io thew, that this opinion has, since that them true, at your peril. If you have time, been denied to be law; or that ju- any witnesles, I will hear them.

How ftice Powel, who delivered it, has ever came you to write those books which are been condemned or blamed for it in any not true? If you have any witnesses, prolaw-book extant at this day; and this í duce them. If you can offer any matter will venture to say Mr. Attorney cannot to prove what you have wrote, let us do, But to make this point yet more hear it." Thus faid, and thus did, that clear, if any thing can be clearer, I will great man lord chief-justice Holt, upon a on our part proceed and thew, that in the trial of the like kind with ours; and the case of Sir Samuel Barnadiston, his coun- rule laid down by him in this case is, cil, notwithstanding he stood before one 6. That he who will take upon him to of the greatest moniters that ever presided write things, ii lies upon him to prove in an English court (judge Jefferies) in- them at his peril” Now, Sir, we have fifted on the want of proof to the malice acknowledged the printing and publishing and leditious intent of the author of what of those papers, set forth in the informatie was called a libel. And in the case of on, and (with the leave of the court) a. Tutchin, which seems to be Mr. Attor- geeable to the rule laid down by chiefney's chief authority, that case is against justice Hold, we are ready to prove them him, for he was upon his trial put upon to be true, at our peril. hewing the truth of his papers, but did (To be concluded in our next.) not, at leait the prisoner was asked, by A Letter from Mr. Wilkes to Mr.C-, the king's council, whether he would

dated Paris, June 5, 1764. they were never pre

'HE , ftice was not to say so. But the point

of * State Tsials, vol. V. 445.

me the favour of dining here yesterday. May, 1765


I pafled

I passed the day very happily though not on the only day I can at Paris shew my To joyously as that day twelvemonth, in attachments to its sovereign, as if I was the midst of my worthy conftituents at disaffected to the present establishment, Aylesbury, all of us in full chorus to the and yet I am frequently and grossly aburo liberties of our country, and the virtues ed by a ridiculous fellow at Bouillon, be. of our sovereign ; yet after the late flag- cause I am known to hate the other famirant acts of despotic power in the M****, ly, and his master, the duke married the not forgetting either their wickedness or lifter of the pretender's wife, a princess of their intolence, * Joly's Champaign was Poland, of the house of Sobieski. This not necesary to inspire the highest good- scribbler is one Rousseau, who by a wretchhumour and gaiety on fo white so aufpi- ed Journal does all he can, twice a month, cious a day as the fourth of June. The to degrade a name made illustrious by one toast confecrated the wine, and gave it the of the best French poets, and by the great true flavour, though I could not help la- philosophier, though in these times no menting my hard and unmerited lot, of longer the citizen, of Geneva.

He lays being forced to give such a toast out of at my door the North Britons against the my own dear country, and in a land Stuarts, and their dear friends in the where the Itandard' of liberty is not yet north of our island. You may believe erected. With Miss W -'s help ive me, when I assure you it was not the slightmade out tolerably well GOD SAVE eft mortification to me, that I did not reGREAT GEORGE OUR KING; and ceive an invitation to the H-I de B--s: as the duke of Nivernois says in one of his When I was alked, how it could happen letters-Nous avons toafie et chante fort that fo ftaunch a Whig as Mr. Wilkes was gaiement, et ensuite nous avons ete qua- not invited on the 4th of June, I laughed tre bonnes heures a tahle. As I am an like the old Roman, I had rather

you universal whig, I could not avoid giving pould ask why I was NOT than why I an additional stanza, the poetry of which WAS invited : Perhaps it fhould have I endeavoured to bring down as low as been asked why some others were invited. the rest of the song, and I believe I fuc- The list of the company of the Macs and ceeded; the thought was good, that the Sawneys, NOT in the French service, name of BRUNSWICK may ever be as would divert you : I with some of our propitious to the liberties of mankind as neighbours from the other side of the that of NASSAU; and our gracious lo- 'Tweed may not keep the twenty-firft with vereign, through a long and glorious more real devotion than they did the reign, equally feared abroad and beloved fourth; with respect to external rites they at home, may approve himself as steady a were exemplary, as all new converts are; patron of the rights of Englishmen as his and I believe you find them in England grandfather was. On the whole, it prov. good occasional conformists, though I shall ed the most agreeable day I have passed ever imagine that it depends on continfince a few of us, in April, kept the an- gencies how long they will continue such. niversary of CULLODEN, which a good To lay the truth, I passed the day much many others seemed to have a memoran more to my satisfaction than I should dum to forget, or at least to neglect very have done in a set of mixed or suspicious Thamefully


a fulsome dull dinner, two Lord H.

gave yesterday a grand hours of mighty grave conversation to be dinner to all the English here except one, purchased in all civility by fix more of Faand to the true Irish whigs; nor like a ro, which I detest, as well as every other good courtier did he omit the new con kind of gaming: as to the

I verts, the Scots ; he did not, however, have never had the least connection with observe the distinction which is so much in him, nor indeed with it; nor at this time fashion on your fide the water, for the with his Scottish S

nor at any time true friends of the Hanover family were with his Scottish C-, because received at least as well as their known

generally owes his enemies. My lot is particular and droll very nomination to minilterial influence, enough: I am the single Englishman not and is almost of course (though this does invited by the A - of my country, not extend through his family) under the

direction of the ministers, or perhaps as to Wine Merchant Paris.

the present case, in all propriety we ought



10 say, of the ministry, who, behind and happy than timely accession of the house between the curtains, ftill governs our of Brunswick. There are a few hints of illand. I have never been presented at some remedies to the defects still sublisting court, because an Englilhman should be in this noble, and if my prayers are heard, presented by the English ambassador, and this eternal fabric. A large Appendix I will not ask any favour of Lord Hert- contains, I hope, a full juitification of ford, in the prelent state of public affairs; Mr. W-, upon constitutional grounds : though as a private nobleman, I should A variety of characters, are drawn from be ambitious to merit, and most fortunate the life, which, if I miltake not, will en. to obtain his friendship, as well as Lort tertain you; and I believe they are not Beaucbamp's, from their real fterling Skeletons, though I hope the originals tense, great intrinsic worth ; and what will be so, before the book is published." sets off the whole, their ainiable manners. I have the protection of the laws, which The NORTH BRITON, No. 146. I never offend ; and I am at Paris like a

On the growth of Popery. ny other foreigner, who has no favour to aik, nor need any other security. The Durate et vosmet rebus fervate secundis. Eloge, which the noblest of poets * gives

VIRG. me, that

The Author after mentioning some of the “ I neither court the smile nor dread most common Complaints, proceeds as the frown of kings,"

follows: is as exact truth here as you know it to [F these things are all agrecable to law have been while I was at home. The small circle in which I now walk, will, be lost to all our senses, to suppole, that however, bear testimony to the just wis any minister who tolerates such abuses, bute of gratitude I pay to the humane vir- has the least regard to our commerce, our tues of a prince, under whose mild and religion, or our liberties! a few months gentle government I have met with that since brought us news from Canada of protection which an innocent man had a Jesuists and Papifts being made jultices of right to expect, but could not find in his the peace, and subsequent advices from own country, under his own M.-: Yet thence assure us, that that place is threatlet me do justice, and carry my com- ened with insurrections and invasions. plaints to the source from whence they The fate of this distracted colony may spring, to the base contrivances of M serve as a warning to ourselves, not to exceedingly wicked and corrupt, and be- fuffer an illegal countenancing of popery, fides, ftung to the quick, who had obtain though enforced by the unbounded influed a most unhappy ascendency over the ence of an arbitrary favourite. Notwithmind of their -- that the enor- ftanding any seeming calm that may premous load of their guilt may be thrown vail in the nation, it is impossible that the from themfelves upon him; a practice not people of England, will for ever be panew, but of which every reign of the Stu- tient under the tyranny of a bad minister, arts furnishes examples. I hope soon to or suffer themselves to be ruined, besend you something, quod et bunc in an. cause an indolent administration chúles to num vivat et plures. My large work on be inactive, while the enemies of their pens with the general idea of political li- country are accumulating an alarming berty; then proceeds to examine the fen- force in the weitern world, and strengthpiments of the European nations on this ening themselves, by every poslible itep, head, as distinguished from the almost uni- at home. versal gross despotism of the rest of the In the year 1640 this nation seemed to world. The third part is a critique on be in the most perfect tranquillity iinagithe various governments of Europe. The nable. Strafford and Laud, had, in apfourth and last, is entirely on the English pearance, gained their ultimate views. Conftitution, the various changes it has fines, pillories, and imprisonments, had undergone, the improvements made in it terrified the people into lilence, or forced by the glorious revolution, and the no less them into terms of respect. They were

compelled even to speak with approbarion Churchill

of those judges who bad prostituted the re002


[merged small][ocr errors]

Speciability of their offices, and sacrificed the eflates which established the present
ibeir characters, to the ambitious views conftitution of this realm.
of the then tyrannical court of St. James's. The fundamental principle of a free
But how long did this tranquil face of conftitution is, that there is no power
things continue ? scarcely two years. An within it, that can legally deprive the
incellant reiteration of the same injuries subjects of their birthrights, and that the
that had kindled the general discontent at latter may lawfully defend those rights
firft, soon lighted up those flames in which with their swords, againit any power that
the oppressive courtiers of those days, all shall attempt any infringement of them.
perished to a man; and even dragged a. So soon as they lose light of this principle,
long with them, their unhappy matter. they will ceale to be freemen. Their

The people of Erland are too sensible minds once enslaved thus, the fetters of
of their rights, and too tenacious of their ministerial tyranny will be easily forced
privileges, ever to fuffer ministerial at- upon their persons.
!empts upon their liberties to pass with The essence of freedom consists in free-
impunity. Their patience, their regard men engraving on their minds these great
for the peace of their country, and iheir principles of liberty, that it is lawful to
dury to their fuperiors, have always enga. maintain their privileges in the field a.
ged them to fufpend, for a while, the ef- gainst all gainsayers: that their rights
fects of their releniment against the mini- ought to be supported by the last drop of
fter who tyrannized over them. They their blood; and, that every, even tbe
have never rushed into the field whilit smallest intentional infringement, of those
there was (and, I trust, never will whilst rights, is an insufferable evil. Whene-
there is) a single ray of hope remaining, ver they permit these principles to be era-
of otherwise extricating their country sed from their breasts, they funk into a
from the difficulties surrounding her. difpirited people; unworthy of retaining
But no dangers, I hope, will ever ter. their inestimable possessions, because un-
rify them from preserving with the sword able to cherish the generous purpose of
foon as all other means of safety fail) defending them : -The noble tenure
thole liberties that were purchaled by it. which ehcir ancestors gloried in !--In
And here it may be worthy remarking, such a case, they might probably become
that liberty when attacked, is, like every martyrs for liberty, but could never por-
thing else, best retained by those means sibly become the assertors of it.
that first set it up.

Since, then, the retention of their hoThe ancestors of the English acquired nourable characteristic, and all that is their immunities with their swords in their dear to freemen, depend upon their milihands. Whenever those immunities tary temper, and those principles that are were violently broken in upon, and no productive of that courage which is the redress attained by remonstrances, they basis of their freedom, they ought, for erighted themselves in the field.

Are ver to be familiarizing themselves with there, who affirm this to be unlawful ! - ideas of so important a nature; engraving tell me then the difference between an them ftill deeper and deeper in their enslaved and a free nation ?--the distinc- minds ; impressing them on those of their tion between an absolute and a limited children, and searching into the annals of government ?--If freemen have no rights their country to see how their progenitors which they are entitled to maintain by the behaved, when they were cursed with adsword (all other means availing nothing) ministrations that harboured the most fathen it is plain they have no rights but tal designs, evinced by the moft public what they may be it,ipped of by a Laud, attacks, upon the liberties of the people : a Stafford, a Jefferies, or a B That, ordering their conduct by their exIf we condemn the use of the sword, in ample, they may be able to "shun those Supporting the privileges of freemen snares that the tyranny of ministers may (when thus situated) we must condemn the attempt to lay for their un doing ; and, barons that obtained the magna charta of like them, transmit to after-generations, England, the armed parliaments in which an unbroken conflitution, and inestimable it was confirmed, the great men who ef. laws. fected the revolution, and the meeting of


[ocr errors]

una Res


ous and dangerous to a free nation, by so

many notorious examples of despotism. On the Administration.

When a Stuart is a king or a minifter,

every act of power mult of course, be arOmnes, compacto rein agunt.

bitrary and oppressive; or, if in appeaPLAUTUS.

rance the contrary, be no other than an insidious maik to cover fome fatal design.

, justice impartially distributed, by a Stuart, must be a miniltry of slaves, the people can have no inducement to and the tools of oppression. Slaves to contend, or break with their rulers; nor their nominator, and tools in their conis it adnaissable, that, in such a cale, the duct. Under such a ministry, England multitude can unite in opposition ; be. must be ever unhappy! ever remonttra. cause, there is then no common principle ting against the negled of their national which can incite them to action. But it intereits abroad, and complaining of a cyis otherwise with minisiers in general. It rannical exertion of power at home! is always their interest to aim at a Itate of Under such a ministry, prerogative can. independence in respect to the nation it- not fail of being exalted to che utmoit self, and then they can only have the point of elevation! and, from thence, frowns of bim to prevent or withitand, money be extorted from the subject withio whom (as having no guile in himjelf, out law!-In such a ministry, peculation can suspect none in others) they have the must flourish, corruption be encouraged, art toomisead at their pleasure. We convicted corruptors be appointed to ottiought not, therefore, to imagine of mi- ces of the ttate, the higheit criminalities nisters, in general, that they can be kept in courriers overlooked, the finalleit dein their duty without a proper coercion.- linquencies in opposers punished with unFew kingdoms can glory in a Temple, or relenting severity, and profecutions (wiila exult in a Pitt! and fewer still can boast all their consequent infiétions) allotted of being blelt, for any considerable time, for those that venture to arraign the miniwith thole upright administrations, as are sterial faction, or who dare to have the consequent of the employing of men of temerity to propagate opinions expreffive such patriot principles, and luch fingular of liberty, and worthy of freemen! integrity!

At such a time, too, as this, rambles In treating, therefore, of ministers, and in our young nobility, and men of forthe means of preserving our liberties a tune, to France, must inevitably be gainst ministerial attempts to subdue warmly espoused, with a view, that bethem, we must not take a view of them ing fascinated with the winning politenels, merely as ministers generally are, but and captivated with the alluring respect. muft 'enlarge the prospect, and consider fulness, of those fattering and deceitfui them as this nation has always found people, and being habituated to the light them to be under the Stuarts: and as it of monarchial government, our giddy traalways will find them, when a Stuart veling countrymen may blunt their eduhas any influence in an English admini. cated aversion to arbitrary power, and stration ; be it as master, minister, ap- perhaps, at length, be tempted to delire pointer, or recommender. In this light, (at any rate be led not to oppose) the we are warranted by experience, to de transfusion of the spirit of the French clare them to be, men by interest engaged, conftitution into this free kingdom. To and by pasion invited to strip us of our this end, allo, French customs must be freedem. A Stuart will not, a Stuart cried up, and French policy exalted to the cannot be, neither will, nor can he, ap- lkies; French fashions mult necessarily be point, or recommend, a minister of another in vogue, and French amballadors bé alstamp. Siubborn facts, indifputable lowed (under the shallow, though perniproofs, furnish us with this character of cious pretence, of the privilege of ainbalStuart-kings and Stuart ministers, and fadorship) to introduce all the tinsel vari. the people must be mad indeed, not to be ety of French manufactures, with the moft upon their guard, and to fear every thing boundless profusion; that thus intoxicathat is to be feared, from a specie of mi- ted with every thing that is French, the nisters and minifter-makers, rendered odi- rising genecation may utterly cor.quer that


« PreviousContinue »