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ignorant of these particulars, nor am I unwilling to render impartial justice, in that refpect, even to the Earl of Halifax, and Mr. George Grenville. It is enough, they partake of the odium they do, and not of that which they really do not, deferve. I have often expofed the meafures of thefe minifters, but it was always from fentiment; it was, becaufe I thought thofe proceedings were injurious to my country; yet I am not to learn, nor am I defirous to hide, that the peace, bad, very bad as it is, would never have worn fo fair an afpect, but for the good offices of Lord Halifax. We fhould not have received any recompence for furrendering the Havannah, had not this noble lord ftrenuously opposed the propofals of the Earl of Bute. To him we owe thofe articles, in the treaty, from Spain, which, though not a full dedomagement for the expences attendant on the conqueft of the Havannah, are, at least, some fort of satisfaction for the giving up fo important a fortrefs. In respect to Mr. Grenville it will be but juftice to mention, that he earneftly, though unfuccefsfully, difuaded, thofe four partial appointments of Scotch Governors in America, which gave fuch offence to the English in general. But alas! even this tribute, jult as it really is, is cenfure. It leads us to afk, why thofe who could act fo patriotically, and fo independently, in one or two particulars, have not done fo in all ?--If, in matters of adminiftration, one of thefe gentlemen had put into practice as much as he has been known to admire in fpeculation, the celebrated doctrine of Julius Cæfar, "I had rather be Lord of that "little village than the fecond Man at "Rome," he would never have ferved a ministerial mafter his only confolation muft be, that

:

"His POVERTY and not his WILL confents."

The influence, however, of the Scot, in contaminating fome, and over-ruling others, moft flagrantly proves, that nothing can fully fucceed for our benefit without the total expulfion of the E. of B. and fuch of his minions as may be neceffary, from all fhare of influence and power in the state. This great object of our withes will probably be speedily effectuated, if we firmly unite against them; but if we let lip the opportunity now

apparently in our hands, or profecute it with a lukewarm indifference, we shall have juft caufe to apprehend every evil that is to be feared from the refentment of angry favouritifm, and the exertions of unrestrained authority.-Union amongst ourselves, and a fpirited stand againt ministerial oppreffion, are the only proper refources in our prefent circumtances. This conduct will lay open the Favourite entirely, who, I have the happinefs to know, is already fufpected and leffened in affection; and thus, the invaders of public liberty may, at laft, be terrified from thofe pofts, in which they flatter themfelves they are so strongly entrenched.

B.

The NORTH BRITON, No. 154. The Scotch Whig's Letter on the Conduct of the late Lord Privy Seal in Scotland.

VENIMUS buc lapfis quefitum Oracula
Rebus.

To the NORTH BRITON.
SIR,

N your last you mentioned the expulthe Brother the civil Administration of Scotland, and the laudable meafure that has fucceeded his degradation-1 mean the nomination of a gentleman of the popular, Whig family of Argyle, to the high place of Lord Privy Seal in that Northern diftrict of Great Britain. The public are infinitely indebted to you for your labours in general, and (at a crifis like the prefent) for your truly fpirited paper of Saturday laft, in particular. Your animadverfions on the nature and merit of this fudden and unexpected change in Scotland, are Will you permit me, Sir, to fupply the juft; but (pardon me) I think too short. deficiency, and expatiate on the important benefits which may be reasonably expected to entue from this alteration of power in that country? If it should appear that a Sub-Minifter has been removed, who made it almoft the fole business of his life to affli&t the belt friends of the royal houfe of Hanover on the Northern fide of Tweed, how much muft all good fubjects, and more efpecially the loyal part of the kingdom of Scotland, be sensible of the penetration, affection, and exten

five benevolence of heart, of their amiable Sovereign!

The Whig party, Sir, the city of Edinburgh, her fifter boroughs, and every loyal community in Scotland, have, indeed, too forely felt the effects of a Stuart's partiality in favour of the relations of thofe who were diftinguished rebels in the laft unnatural rebellion, not to rejoice at once more seeing the Northern fummit of power in poffeffion of a young nobleman of that antient family which always headed the Whigs. But, of all others, the Scotch Clergy, thofe great fupporters of the revolution interelt in Scotland, muft exult at the fall of a man, who fo lately denied them, with all the pride and arrogance of Stuartism, an audience, upon a point of fuch momentous concern to the city of Edinburgh, as that of their parochial clergymen.

Whoever is acquainted with the difpofition of the populace in the North muft know, that nothing vexes, alarms and terrifies them more, than an innovation in the mode of introducing the parish clergy to cures; because in the parish clergy, by the laws of their country, is vefted the government of their church. In the reign of Charles I. an attempt of this fort fpeedily kindled a rebellion in Scotland, and in the reign of his fon and fucceffor, the Scots were frequently in arms, on the fame account. They challenge by law, and the canons of their church, a right of electing their fpiritual Guides; and fo tender was the late Archibald, Duke of Argyle, of the liberties and confciences of his countrymen, that though he governed Scotland, (as I may fay) from the acceffion of George I. till with in a year or two of the death of George II. he never made an effay towards a fettlement of a Parish Prieft, without a coneurrence of what is there called, the Plebs Sacra. He perfectly knew the principles of the revolution party in Scotland, and was too great a politician, as well as too faithful a fervant and too loyal a fubject, to thwart, in fuch delicate points, all the best friends of his royal mafter.- -How has the Favourite's Brother behaved in this article?Why, upon the first opportunity that came in his way, he at once broke through the Rights of the People, trampled on the Privileges of the Citizens at Edinburgh, and ftamped under Feet the ufages of the Scotch Church.

In Edinburgh he infulted, in the fame moment, the conceptions of the people, the charter of their city, and the doctrines of their clergy. -Could the most defpotic Sovereign have acted with an higher hand?

That you may better understand me, Mr. North Briton, (or, rather, that your Readers may, for you have fhewn yourfelf no ftranger to the constitution of Scotland) it will be neceflary to remark, that the power of the city of Edinburgh, confidered as a civil Corporation, is vested in the Provoft and Town Council; confifting of thirty-fix citizens annually elected; and, at the fame time, the city, as a chriftian Community, is governed by her paftors, ordained elders, and deacons ; convened in, what is there called, a general feffions. So that, all the civil rights of Edinburgh are exercised by the Provoft at the head of the town council, and with their confent; and the Ecclefiaftical immunities are, in like manner, exercifed by, and with the affent of, the general feffions-The choice of clergymen who are to officiate in the city, is deemed of a mixed nature; partly civil, and partly ecclefiaftical; for which reason, in matters of this fort, the town council, and general feffions, have a joint cognizance; in which, however, if they were to differ, there can be no doubt but the town council must prevail, by reafon of a ftatute made after the union, in the Tory part of the reign of queen Anne, whereby the power of patrons was restored. But as this ftatute has ever been regarded in Scotland as an infringement upon the rights of their church, the late duke of Argyle never enforced it, except where what is there deemed a legal concurrence in favour of the prefentee (as is already mentioned) was obtained. By this means, that Whig nobleman, of patriot memory, kept the turbulent fpirit of his countrymen in quiet, and preferved, at the fame time, the due dignity appertaining to the laws.

But, contrary to this laudable method of proceeding, enjoined as well by law as policy, the Favourite's Brother, upon a vacancy of a pastor happening in Edinburgh, obtained of the provolt, without confulting the Town Council or General Sellions, to prefent to the Prefbytery of Edinburgh, a divine, for filling of that place, in contradiction to justice, and the Aaa z

known

known fentiments of almost the whole city. The prefentation appeared in form, fo far as being figned by the provoft, but was not fubfcribed by him, as having understood that the candidate was not agreeable to the majority of the town council, and general feffions, as the ufage theretofore was, and the cafe indifputably required. It never was before heard, nor even imagined, that a provost of Edinburgh (however powerfully fupported by minifterial patrons) could exercife, in the city concerns, any arbitrary authority, refulting from his poft, as first magiftrate of Edinburgh, and prefident of the town council, It is no wonder then, that such an ufurpation enraged every man who regarded the peace of Scotland, or the intereft of the Proteftant royal family, now on the throne. With the utmost aftonishment and indignation, they obferved the revival of thofe animofities which exifted in the days of the regal Stuarts!They faw, with forrow not to be described, that the Stuart Minifter was upon the point of reaching the fame blow (Heavens be praised it has proved abortive) to the popularity of the house of Brunfwic in Scotland, which the obftinacy of Stuarts upon the throne had rendered irreparable to their own family. Every man in Scotland, of the Prefbyterian perfuafion, obferved the invafion of his facred liberties, commenced in the defpotic measure before as every Burgefs was fenfible that by the prevalency of fuch pernicious politics, their rights as citizens, could no longer ftand them in ftead, either in the election of parish minifters, or other points of importance: in fine, not the most fanguine of their fouthern brethren themselves, could be in greater confternation, at the danger of their civil and religious rights, by a Stuart being at the head of power in England, than the Scots Whigs were for theirs, in cafe a Stuart fhould continue at the head of power in Scotland.

give them an audience. Like a true chip of the block from whence he was cut, he haughtily refused fo much as to fee the complainants. Confcious, I suppose, of the power of corruption in a court of ju ftice, where judges voices, in respect to fuits depending therein, are as publicly folicited as votes at elections, the Favourite's brother went on in his favourite purfuit; although his own party in the town council, were fo overawed by the terror of the refentment of their neighbours, friends and acquaintances, that even the most fupple of them refused their acquiefcence in an act which menaced the liberties of their church, and portended the extinction of their civil rights. However, the Stuart was not to be difmayed, but like a Ruffian Autocrater, CO MMANDED the projected settlement, in fpight of all that could be advanced by the friends of the royal houfe of Hanover to the contrary and the Favourite himself, by virtue of the most virulent mif. reprefentations, got the tranfaction approved of in England.

Nothing better indeed, could be expected from a defcendant of that houfe, which had filled Scotland with blood, fpared neither nobility, prieft, nor people, but involved all their opponents in one general carnage! Nevertheless, was a conduct of this nature, proper in the minifter of a Prince born, and willing, to protect those privileges which the regal Stuarts endeavoured to deftroy? Was it to be fuppofed that the minifter of a Prince of the House of Brunfwic would have fo far forgot his character, as to commence a perfecution of that very party, which the house of Brunswic was chofen to defend?

In short, Mr. North Briton, it is impoffible to conceive what a clamour was raised in Scotland by this, and some other proceedings of the Favourite's Brother. The loyal and enraged citizens of Edin burgh, one and all, exclaimed to this During this univerfal pannic, a com- purport; "What! are we once more to mittee of the national clergy, waited on "fee Papifts carreffed and Prefbyterians the fupercilious Stuart, in order to re- "perfecuted? The Favourite in Enmonstrate against this unconstitutional ex- "gland encourages that part of his counertion of authority, which terrified all the " trymen there, who are known Jacofriends of that royal house, under which "bites; and here his brother mortifies alone Britain can hope to preferve her pri- "the Whigs. Is it not enough that the vileges free from violation and decay. "Revolution Club is thrown out of the But the Stuart-Minifter, so far from at- "Town Council of Edinburgh, and that tending to their complaint, would not even in Stirling, the antient capital of Scot

"land,

"land", the party animated by the ho

neft Jaffrays, is no more in power? A Stuart Burgefs governs this city, and "a Stuart Sub-Minifter, Scotland. Are "STUART-principles again to talk a"broad amongst us; or, are those days "to return which brought our ancestors "to Bothwell Bridge, and Pentland

Hills? Why is it not declared at once "that victory at Culloden, mistook her "partizans? Why is not our Chancery " removed to the despicable ille of Bute? "What is become of the Campbells, the "Humes, and the Dairymples? Is not "one of them fit to be a Minifter here? "A Lis fet up at the head of the "faculty of advocates! Why is not Sir "George Lockhart called from the grave, to torture a-new the enemies of the "houfe of Stuarts, with boots of iron,

and other inftruments of cruelty?" After this manner, Sir, the Scotch Whigs and citizens vented their refentment at an administration, which they will always remember with horror. To enter into farther particulars would exceed the ordinary limits of your impartial paper. From what I have already related of the Spirit raised in the Scots, at the conduct of the Favourite's brother, you may eafily judge what mutt have been the confequences, in Time, of that temper; efpecially, when confidered too, as additionally enflamed by the declamations of their priests, ftung to the quick, at the haughty overbearing deportment of the Sub-Minifter. And from hence, all our fellow fubjects, who are friends to our great and good Sovereign, and the peace and quiet of his people, will learn the importance and juftice of that meafure, which, in the appointment of Lord Frederick Campbell, has given fuch inexpreffible joy to all revolutionists in Scotland. I am, Sir,

Your friend and reader,

A SCOTCH WHIG.

Please to read in No. 149. p. 299. col. 1. line 26. accufe for excufe.

* The Scotch parliaments always fat in Stirling, before James the First came to England.

In our Magazine for May, p. 259. we gave a Narrative of the unhappy Af fair between Lord Byron and Mr. Chaworth, in which is collected the

Evidence that appeared upon the Trial,
the Circumftances of which were not
many, but in order to perfect that Ac-
count, we shall take from the Trial just
published by Authority, the following
Particulars.

The Speech of Mr. Attorney General, Sir
Fletcher Norton, Knt. on opening the
Evidence.

I

May it please your Lordships, AM of council for this profecution; and by the indictment which has been opened, your lordships have heard that the noble prifoner at the bar is charged with one of the higheft offences that human nature is capable of committing, nothing less than fhedding the blood of a fellow creature.

My lords, I need not enlarge upon this fubject, the crime itself is incapable of aggravation; it is my province to lay before your lordships the ftate of the evidence which will be produced in fupport of the charge; and as it is not my duty, fo neither is it my inclination, to exaggerate any thing upon this occafion; but public juftice requires, that the whole proof fhould be brought fully and fairly before your lordships.

I hope it will neither be thought imper tinent or improper for me to make fome general obfervations upon the law, which may refpect the offence now under confideration; the utility and application of which your lordships will fee in the course of the evidence.

My lords, as it will be proved beyond a doubt, in the course of these proceedings, that the deceafed fell by the hands of the noble prifoner at the bar, I shall therefore take that fact for granted; and if fo, every prefumption in law rifes against him; and it will be incumbent upon the prifoner to exculpate himself in the best manner he is able; for although every homicide is not murder, yet every homicide, Prima facie, is fo, and it is required of the prifoner to make out, that the fact of killing in this cafe was not committed under circumstances which will make it murder: And I admit the law will allow the prifoner to fhew the homicide justifiable, excufable, or done under fuch circumftances of extenuation, as to induce your lordships to think it was not done with malice aforethought, and then it will be maufslaughter and not murder.

It

It is clear in point of law, if there be a quarrel, and the parties afterward have time to cool, and after that they fight, and one falls, he who furvives has been guilty of murder; or if the manner in which the fact was done befpeaks a depravity of mind, and a wickedness of intention, that will make it murder.

My lords, as this cafe muft depend upon a very nice and ftrict enquiry into all the circumstances that accompanied the fact, in order to mark the offence with one or other of thefe denominations (for an offence Manflaughter is in the eye of the law) fo I am perfuaded your lordfhips will attend carefully to the evidence which may be produced; and I am convinced we shall hear fuch a judgment from your lordships, as, under all the circumstances of the cafe, justice fhall require: And this must afford matter of the greatest confolation to the noble prifoner at the bar (if he is innocent) becaufe your lordships understanding cannot be deceived, nor your judgment biaffed But, on the other hand, if his lordship is guilty of the offence laid to his charge, he must know, that no art, no fubterfuge, no management, will avail him; innocence, and innocence alone can be his fupport and defence.

:

Having faid this, give me leave to obferve to your lordships, the happiness of this conftitution under fo gracious a prince, as his prefent majetty, who aims at no other rule of government than that which the law prescribes, and has no other with than that in all cafes, and over all perfons indifcriminately, the law fhould be impartially adminiftered; and when the laws are thus administered, and allowed their due force, fuch is the excellency of the English conftitution, that the meaneft fubject is not beneath their protection, nor the highest beyond their reach; thus to be governed is the full perfection of civil liberty.

On the 26th of January last, the noble prifoner at the bar, the deceased, and many more gentlemen of rank and fortune of the county of Nottingham, met, as they ufually did once a week, to dine together at the Star and Garter tavern, in Pail-Mall: In the courfe of the dinner there was nothing but good humour; about seven at night the conversation turned upon the fubject of Game: Upon this occalion Mr. Chaworth had something of

a difpute with the gentleman who fat next him, about the belt method of preserving the game: The prifoner at the bar interfered upon that subject, and said, in his opinion, the way to have game was to take no care of it; Mr. Chaworth happened to be of a different opinion, and thought the best way was, to be strict with poachers, and thereby preferve the game: This drew on fome altercation; Mr. Chaworth added, that he believed there was not a hare in that part of the country, but what was preferved by himfelf or Sir Charles Sedley; upon which lord Byron offered a wager of an hundred pounds that he had more game in a manor or manors of his than Mr. Chaworth had upon any that belonged to him. Your lordthips will find a little difference in the account given by the witneffes, touching the terms of the wager; but you will have them from the witneffes themselves, who are all gentlemen of character, and as they have moft of them been already examined before the coroner, and again before the grand jury, they did not choose to be examined by thofe concerned in the profecution; but faid, when they were called and examined before your lordhip's, they fhould fpeak the truth, as doubtless they will; and I only mention this circumftance as an excuse for myself, if I fhould not happen to open the evidence exactly as it may come out from the witneffes.

My lords, Mr. Chaworth having said he was willing to accept the wager, faid it would be proper to make a memorandum of it, and called for pen, ink, and paper; after that, it happened that Sir Charles Sedley's manors were mentioned upon which the noble prifoner at the bar faid, with fome degree of heat, Sir Char les Sedley's manors! Where are his manors? To which Mr. Chaworth replied, Why Hucknel, and Nuttall: His lordship then faid, I know no manors of Sir Char les Sedley's; to which Mr. Chaworth replied, Sir Charles Sedley has a manor, the manor of Nuttall is his, and one of his ancestors bought it out of my family; and if your lordship wants any further information about his manors, Sir Charles Sedley lives in Dean-ftreet, and your lordfhip knows where to find me in BerkleyRow.

My lords, whether this was a real dif pute between lord Byron and Mr. Cha

worth,

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