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Bingleys Journal: Saturday, April 20, 1771 - Page 1

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   Bingleys Journal (Newspaper) - April 20, 1771, London, Middlesex                                V V t 7 s t f UN I V E R S J G A ZS From S A T U R DA AprU April 1771 LETT O write for Profit without taxing the write for Fame and to be fiipport the Intriguesof Faftion and to be dii as a dangerous which the gree of our Submiffioa tp never been defined by any confidered as a Qgeftion of and oro portioned to the Confidence we repofe in the Inte grity ofour As to the Injtfnr we may do to any future and more refpeclable Houfe of I own I am not now fanguine enough to expeft a more plentiful Harveft of parliamentary Virtue in one Year than Our political Climate is feverely altered and without dwelling upon the Depravity of mddern I thjak no reafbnable Man expecl as human Nature is the enormous Influence of the Crowa fhould ceaie to prevail over the Virtue of Indivi The Mifchjef lies too deep to be cured by any lefs than Convulnon which may either carry back the Conftitution to its 1 than a Defertion enderly of this for when Treachery is h I think we fhould make Allowances for yet we tave feen Houfe of Common overwhelmed with and almoft bereft of his m Truth Sir I have left no Room for an Accommodation with the Piety of My Offences arc not to be redeemed by Recantation or On one our warmcft Patriots woula diiclaim me as a Burthen to their honeft Outhe otherj the vileft if Jmmu could de fcend to would luic us natural Merit and In fluence in the and Treachery be no longer a Recommendation to the Royal tdl within theie few have been moft diilmguimed by their Zeal for high Church and are it feems the great AlTertors of the Privileges ot the Huule of This fudden Alteration of their benti ments or Language carries with it a Iufpicious Ap When I hear the undefined Privileges the popular Branch of the Legiilature exalted by Tories and at the Expence of thoie itrict which are known to the Subject and limit ed by the I cannot but that iome mifchievous Scheme is to deitroy both Law and by oppofing them to each other They who have uniformly denied the Power of the whole Legislature to alter the Defcent of the and whole in Rebellion againft his Majeftys have defended that Doctrine at the Hazard of their now tell us that Pri vilege of Parliament is the only Rule of Right and chief Security of the public Sir while Forms there has been fome material Change in the Subftance of our Con The Opinions of thefe Men were too abfurd to be fo ealily Liberal Minds are open to Doctrines are ca pable of are Proielitefi from but none from their prSent rWeifions were fincerrffTftmlc not but be highly offended at feeing a Qu concerning parliunentary unheceffarily at aSeafon fo unfavourable to the Houfe of and by fo very mean and Infigniikant a Perlbn as the Minor They knew that the prefent Houfe of having commenced Hoftilities with the and degraded the thority of the Laws by their own were likely enough to be per fas If they were really Friends to they would have thought the Qjieftion of Right too dangerous to be hazarded at this without the Formality of a would have left it I have been filent tho not from that fhameful Indifference about the Interefts of which too many of us and call I felt the Prejudicesof my Edu in favour of a Houfe of full hanging about I thought that a be tween Law could never DC brought to a formal without Inconvenience to the Eiblic or a mamfeil Diminution of legal and ought therefore to be carefully avoided And when I law that the Violence of the Houfe of Commons had carried them too far to I determined not to delivery nion upon a Matter of fo much Delicacy and Im The State of Things is much altered m fince it was neceflary to protect our Re prefentatives againft the direct Power of the Crown We have nothing to apprehend from but every Thing from undue Formerly it was the Intereft of the that the Privi leges of Parliament fhould be left unlimited and At prefent it is not only their but I hold it to be effentially neceifary to the Pre fervation of the diat the Privileges of Parliament fhould be ftridtly and be confined within the narrow eft Bounds the Nature of their Inftitution will admit Upon the fame on which I would have refifted Prero gative in the laft I now refift It is indifferent to whether the by its own immediate impofes and difpenfes with old or whether the fame arbitrary Power produces the fame Effects thro the Medium of the Houfe of We trufted our Reprefenta tives with Privileges for their own Defence and We cannot hinder their but we can prevent their carrying over their Arms to the Service of the will be that I be gin with endeavouring to reduce the Argument concerning Privilege to a mere Queftion of Con venience I deny at one Moment what I would allow at another and that to refift the Power of a proftiruted Hoafe of Commons may eftablifh a Precedent injurious to all future To this I anfwer that human Affairs are in no Inftance governed by ftrict pofitive If Change of Circumftances were to have no Weight in directing our Conduct and the mutual Intercourfe of Mankind would be no thing more than a Contention between equitable Society would be a State of and Law itfelf would be On this gene ral it is highly that thTDe oruttejdy deftroy it I doubt in the firft Seffion after the good to warrant the like Proceedings againft any who fhall unadvifedly mention the Folly of a or the Ambition of a Truth that the greateft and moftex eeptionabk Part of the Privileges now contended were introduced and aflerted by a Houfe of Commons which abolifhed both Monarchy and and whofe although they ended in one glorious Aft of fubftantial codd no way be reconciled to the Forms of the Succeilbrs profited by the Exam and confirmed their Power by making a moder ate or a popular Ufebf Thus it grew by Jfrom a notorious Innovation at one to be tacit fy admitted as a Privilege of Parliament to If however it could from Conftdera tions ofNecefEty or that an unlimn i f i bA fome popular Meafures may be prefent Houfe of Commons have injured diemfejVes by a too early and public Proieflion of theirPrin ciples and if a Strain of which np were within the Reach of it might be imprudent to hazard the too But after it is very whether a Houfe of Commons mall pfeferve Virtue for a a or a The which makes a feptennial Parliament pendent upon the Pleafure of the has a per1 manent and cannot fail of SuccefS My Premifesj I will be denied in but every Mans Conference tells him they are It remains then to be ther it be for the Intereft of the People that Privi lege of in refpect to the for which it has hitherto been acquiefced is merely nominal mould bef contrajled within fome certain or whethertfieSubjatt mail be left at the of a the Face of and notorioufly uhder tie w of the I do not mean to decline the Questionc On the I join Iffue With the Advo cates for and excepting wherein the Commdns Court of to from the Na ture of their a coercive Power muft be tc long and excepting fuch Contempts as immedi ately interrupt their they haiKTKji legal Authority imprifon any Man for pofed Violation of Privilege not pretended that as now iasr ever been defined by Statute neitisp can it be with any Colour of to be 4 Part of the Common Law of wiici haf grown into long before we kneW any Thing of the Exillence of a Houfe of As for the Law of Parliament it only anptMg Name forthePrivilege in Queftion and fince die Commitment ought to be intrufted to J the Houfe of and that in faft they have exercifedit without in Contem plation of LawJthePjerumption isftrongly againft ft is a leading Maxim of the Laws ot En all Laws are nugatory that there is no Right without a nor any legal Powerwithout a legal Courfe carry it all ifito Let the now in be i this HJl A 7 of creating new Privileges has beea formally renounced by both there is hq in which we can ftudy the Law of we have but one Way lefrto make ourfelves acquainted with it that to compare the Nature of the In ftitution of a Houfe of Commons with the Facts upon To eftablifh a Claim ofPrivilege in either and to diftinguifh original Right from an it muft appear that it is indif penfibly necefTary for the Performance of the Duty they are employed and alfo that it has been uniformly From the firft Part of this De fcription it follows thatwhatever Privilege does of Right belong to the prefent Hcufof Com did equally belongto the fifft Alfemblv of their was as completely veiled in and might have beeaiexercifecLirt the fame From the Secondwe muft infer that Pri for feveral were not only never but never even claimed by Houfe of muft be founded upon The conftitutional Duties of a Houfe of Commons are not very complicated nor to propofe or afient wholefome Laws for thelJe nefit of the They are to grant fary Aids to the for the of andprofecute Treafon or high Crimes againft the If unlimited Privilege be necef fary to the Performance of thfefe we have Reafon to conclude for many Centuries after the Inftitution of the Houfe of they wefe never performed I am not bouhd to prove a but I appeal to when affirm witK die Exceptions already which yet I fafely relinquifh there is no from Year 1265 to the Death of Queen Elizabethtf the Htwfe of ing imprifoned any Man not a Member of their Houfe for Contempt Breach the moft flagrant and when their acfcridw were raofl grofsly vj8latedp3le fried by this Speaker iffues his War rant of The Party attached refiftsForce witi or appeals to who declares the Warrant illegaland die Does tie Law provide no legal Means ihforcing a legal Warrant Isthere no regular Proceeding pointed out in our LawBooks affert and vindicate the Authority of fo high a Court as the Houfe of Commons The Queftion is anfwered directly by die Their unlawful Commands are and they have no The Im prifonment of their ov n Members is Revenge in but it noAffertion of the Privilege they ttontefld1 Their whole Proceeding and thjire afhamed to and unable to theie ignorant Men fhould be in formed diat the Execution of the Laws of isnot left in this defencelefs Condition If the Procefs of Wcftminfterhall be they adireft futrkicnt to inforce Submiffi The Court of Kings Bench commands the Sheriff to raife the Pojfo The Courts of Chancery and Exchequer Iffee a Writ of which muft alfo be by the Power of the whom Jl Reprefcntatives of JThe I doubt willing enough be but theyknow nothing of the Doftrinei bf and think it neceffary to wait for a Letter from Lord It may now be objefledto that my Arguments prove too much for that certainly there may be whichdo not fall widiin mjr own Ex inregard to die Dignity the April Yefterday arrived the Mails from Holland andPrance March At tie late in this City and fuburbSj die and odier went the place where it ragei and the former feeing fome wretshes pillaging inhabitants of what Jitdfe they had favedjjinfordei todeter ordered them to be tirowii names Marib TheJtjfig tie Count deMoItke irom tie poftof flial of tie CounV and Lukfirfrom of Grand ot His Majeliy tie riumbef of and made feveral otSeralterations inhijf The Emperdr has declared his Mmifters at foreign that tie he afTembling in is only to proteft his dp minions from any ludden infult from tie niany fo reign troops diat are on tie frontiers April The wdnt of very great both here in the circle of Our Magiftrates diftribute bread to tie poof and thole of Nuremberg do the In bread is at an cxceffive high price botiriereaSi in Svvabia die muid of rye lefl for 36 florms A M E R I 19 The taw and Creek Indians have again commenced and feem as inveterate againft each as Therehave beea fundry and varioas feme time paftiathis prevince and jcpjjiccrning the Cherokee and hpftile intentions againft his Majeftys which appear to been much ftqry of dieir havins attacked and driven not It certain the Weftern who are gratjely difgufted pjt account of encroachmentsmade on difigcrit in a i weight to their reprefentsftiqns on that and by the laft accounts from the country it appears they had a great ntiffi ties and erniifaries folicidng thpfe ladiibs to ioin the Great Weftern Confederacy ougU notto pafs it The Courts of Criminal JuHldiftion open to day laft ameffenger arrwpd exprefs Coun try of tie Cherokee Mr fjiperintendant of Indian 8th in tie lower Cherokee pofed fetring out next day over tie a party and fome are tie die Cherokees killed by them HIP N E W ApHl Arrived at theMoifaer bank the fliip from bu Gibraltar with which fhipis which the Attorney General may commence by Information or A tending to afperfe or vilify the Houle of Commons or any of their may be as leverely pu nifhed in the Court of Kings as a Libel upon the De Grey thought when he drew up the Information upon my Letter to his or he had no Meaning in charging it to be a feandaloas Libel upon the Houfe of In my they would confult their real Dig nity much by appearing to the Laws when they are than By violating the firft Prin ciple of which forbids us to be when we are Parties to the I do not mean to purfue them thrdi gh the Re mainder of their In dieif firft Refo lutions it is poffifle they might have been deceived jjy iilconfidered For die diereis no colour of Palliation or They have ad viled the King to refume a Power of difpenfing with the by Royal Proclamation and Kings we fee are ready enbugh to follow fuch By and widiout die Shadow ipf die have expunged the Record of a judicial Pro Nothing but to attibute to their own Vote a Power of flopping the whole Di ftributionof Criminal and Civil The public Virtues of the Chief Magiftrate have long ceafed to be in But it is faid diat he has private good and I myfelf have ready to acknowledge They are now brought to die If he loves his he will diifolve a which theycan never confide m or If he has any Regard for his own he will difdain to be any longer connected with fuch abandoned But if it were diat a King of this Country Settfeof personal and all Con rr J the Forms cf the ocnicui JJCUIUKU ixuuuu pair as they never for tie Welfare of his took the Power of Puriifliment into Their fhould be contented to renounce te jruruis uic They Redrefs irihere were no other Way the what is moft applied to obtain fubftantial Juftice for die for Juftice to the Houfe of and when Satis T TT T TT s facnen was deifiedthem or Re i n rr rC nil medy was to refufe proceeding upon the So little Conception our Anrtroirs iojf the monftrous Dodtrmes now cyncern4 ing in of Elizabflthi even Liberty of vital Principle of a deliberative wfis by Queens to a fiinple or N6r diis though impoied upon t three fuccefSve J U N I U be at at inPots onesicut pff Refes all tn Flowers of all andftrtiit in Vatietjr Gocoa Nuts freft of the GOUT A NBKH EU M AjTI S tnougn impoicu upun i imcc E GOUT A N D b u M A i is ivr MlUted n A Arrived at Spitheae the ttorbay man of war from April Sailed laft for hii Majeftys fliips and for ajid the India yacht for the Wind arrived two mails froni drfe brought by the Expedidpn in days the other by the Duke York Capti in 21 days Yefterday arrived a mail frbm South brought by the The New froailtpndon to Antiguai took fire at and was entirely conflmied the fcaptairi and crew were taken up by che Neptune j and carried to On Thurfday the London outwardbound EaftIhdia failed froni Gravefend to proceed oif her tj The Godfrey Reed tBd are alfo failed from the to proceed on their the Lapwing Owenj frofii arrived et her moorings the PORT of April 19 1771 ENTERED From the Set Rofarfo Frorp the Jurfithj From the r From From New the jeStCff CC E EJJ OtT f W For For the Srr Ge9rge aflci the For Kittsj the L o N p o t A genuine account of what Bappenfd on TbuifJay in tef A bill for prohibiting exportation of proyi fipus for a brought into two a BtttcHes fat beerf exportecl to cargoes j diat the price of butchers immediately in confequence of ftfovrfions to France was notTtfaafj quantity of fat Cat tle in Kent that greafi numbers xiiedsylrathe fbf and ifet the exportation df proviiion to Jat prefent grtatiy cajleii poor as way rrg the cittre they had broUjght that all roBaDiIitinue they 1 many ErSSS SaS ofhe no Room for the Affliaedto bejides that fhey wirh a and radial of alone does not If it Gerrera rai vvitrrmu aic many 70 Houfes has a Force equal fo Jaw are tpld 1 furifdicHoiiaffumed the CoraIl Truth ihSftftp wiffi jV fu i if 1 I v Houfe of I know are many Precedents of arbitrary Commitments for Contempt bH4 are of too modern a Date to warrant diaffocll a Power was originally veftei and tie Crhrtinal mons nd the Crmtmal ruriiaicaon anumea nerearto wnp wnn to ions in in thd Cafe of Edward toyd is Arfvke as MondaJ Morfiifig tcf Fn luiiJ AH i the years IWT j Butcher frorrt Canter t i v i J Klfr   

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