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  • Publication Name: Bingleys Journal
  • Location: London, Middlesex
  • Pages Available: 546
  • Years Available: 1770 - 1772
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View Sample Pages : Bingleys Journal, March 09, 1771

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Bingleys Journal (Newspaper) - March 9, 1771, London, Middlesex OR U N I V R S A L G A Z E T T Frdm March to March DANIEL known in the County of begs leave to inform the and are fond of that being well by long in all its he begs Leavc to re commend himfelf to their Notice and There is no caufe of ever fo dark an cr Io doubtful and dangerous an that he is not willing to undertake there is no inhuman Act in Law which they hall rcquclt of him to perform againft their that his Nature fliudders at On the he delights in all Opportunities of Arrcft and and the fazing a diitrcffed Farmer in Arrears to his Land lord is the highclt joy to efpecially if fach Farmer has a Wife and Children to fprcad the Affliction and afford a rich Scene of accumulated He will be much obliged to any Gen tkman to procure him fo lufciuus an Entertain n fr He can be well recommended by all the Sheriff s Officers in the County He will arrelt a though he knows he cannot maintain his nor and often fuccceds for his Client by terrifying the defendant ou of his femes and next out of his He that he is loft to fentiments of ho nour or honelry that he is a true void o sll Fed i ncs He iswell and from People almoft as much diltinguinW in the Practice ot the Law as himfelf Some of hi indeed were not throw off the ladder till late in an Honour 1 hopes to obtainmuch His Dilit are extremely moderate He charges One Guinea onlj for a Confulution He gulled Fnend Anthonyout of a large Slim of carried him to and ran away from him in Court before his Caufe came defies all the Attornies in Norfolk to a Bill of Sale like him He enters for at lays hold of all the Farmers Effects to trficcths frightens his Wife upon a proper withdraws Sis aid lets Lockbolt another Attorney into Poi feifion His honcft Kof rages Lutffrring coolry Why the Bailiff heard the was in the and fo ran out of it for the poor had never that Diltemper but once before in his to cloie the he charges honed Will for not getting his Money for and upon his Refufil to pay brings his and arrefts him fo honelt Uftll lofes hii and Fays to Luteflrinu for putting Lockbili in olfelfion of Effects he was to feize for another This was a capital and indeed an Inflance of the Kind was never before in He laughs at all the Judges of and in his public Coiiverfation They are to a Man corrupt that tliere is not one upon the Bench but what looks up to and will never do Jnfticc if Jntercft comes in the he was confoundedly frightened byLord Commilrioncr Batburft who in his Charge at Norwich again l a Species o Murder had bcqn dabbling Conveying of Children from their Parents to the FciiHdiin He cfcaped Indictment of th Jury at that but ever trembled at the Sight of a though he fnaps his Fingers at a For his Integrity in he appeals to the the Widow of the and others where having pro cured the Books of the Dcccafed under falfe Pre tences of he collected the Debts and kept the Money fo withmit account ing to either Widows or that the latter were obliged to bring an Action againft to recover the Bocks out of his His Afficuity was proved in the Bill for the Na vigation of the where he fo thoroughly applied himfcrf in tracing the Courfe rind Windings of that that he loft all Memory of the Claufes of the Bill in favour of his Client and the Committee of the Hof to his Honour that he knew lets of the mattcf before them than any one Member of them all hut the Chairman He had no Doubt he would make a good Bill of it for his Client before he got vult He went to the Corporation ot Lwith Pro pofals from his Client touching the Navigation of the faid which when affcnted to by he was difavowed entirely by faid ae offered without his Knowledge or Par He lately took out Letters of Admmi ftration to a Gentleman deceafed at takes Pofleflion of all his Effects fmuegles in a Debt of his own of by way of Appendage T3 a Mortgage at P and if a Bill to bring in of for he parries it by fending in another of for He fwallows up all the Property of the Deceafcd from his arid and intends to pav them with Law and could ay much more to his own buc he does not mcsn to off or his and lie hopes the above will fuffice to re commend him to Notice arid He makes no yet doubts not of being employ ed by every generous Son of and that whenever a Gentleman has any Bufjnefs in the Courts of which he is heartily afhamed that he will then rhink His ever ready to at the Nine Black atin Lueflring had almoft forgot the follow ing little Circumltances in his which lately appeared in one of the London Papers for Character is well known in A WineMerchant at to whom a Publican at Wwas employed him to fo licit Payment he accordingly applied the Pub licaii He had no Money julL but he go over to Lin a or two to liis reijlicd there is no Octafion your Merchant will be at my Houfe at and then you fettle with Next Morning he returns io the fends lor him up Stairs into the and plants a Bailiff with a writ him at the Foot of the Stairs There Landlord faid he is a Bailiff now if you will give my Client a Bill of Sale for all your the Bailiff mall not execute his Wrk otliermfc you go to the The poor in begged leave to feud for a particular Friend but this Harpy of the Law peremptorily refufcd him then told him to get his Books and include his Bwkdelrts alfo in the Bill of The Publican they wce in a Bureau in the Then go for them faid he and the Bailiff mall sttcnd The Bailiff ac cordingly followed to the and hiving delivered the Books to the a Bill ef Sale was made out for all his Eficcts and the next Morning this precious Limb of the Law entered his and foiled his to the Ruin of the and the great Detriment cf all his other The fiiccefs which rtiay arrend confequcnce of this will perhaps induce for the fakeof to tiki Ijnie method of inrikinp themfclvus to the world fliouki this be the though we by no means to bliflj our lv infertitip we always be rctdy to do juftke io with which is when called We would urn cur con fine themfehes to little bur look up amongtliofe we call many of we are will not he revarcled according to their fur vfant of that difpoltion with which our Ho N ES T HERO above e is endued CASE for M O R R I Ss jf0vis 21 die IJ71 That Wheble do attend this Houle upon Tuefday morning That the fervice of the faid by leaving a Copy of the fame at the ufual place of abode of the fnid be deemed equal to perfonal and be good THE above which is by fome fuppoled to be a Copy of an or pre tended of the Houfe of was February at the houfe of John within the city of being put into the hands of one of his ftrvants by a perfon who fliled him felf Meffenger to the Houfe of Upon a perfon called at Whebles and ihewed a paper which he pretended to be fome war rant or authority from the Speaker of the Houfe of directing him to take John Wheble into for his contempt in not obeying the orders of he Houfe for his at tendance on that Upon March a in the form of a Royal appeared in the By the KING A PROCLA MATION for apprehending JOHN WHEBLE and See the annexed Whebie did not appear to the above neither has he been apprehended upon the pretended Warrant of the or the pretended E S T I O N Suppofe the paperwriting firft abovementioned to be a copy of a genuine order of the Houfe of is John at whofe houfe the fame was by law requirable to attend agreeable to the tenor thereof IL If John Wheble is fo requirable to attend by he having negledled fo to what penalties is he liable and by what means would it have been legal to pioceed a gainrt him If the pretended warrant cf the Speaker is was John Wheble obliged to pay obedience by furrenderrng him felf a pfifoner to the perfoa who carried with Tie ProclarKothn is cofie J from Jjfl i QcriU him the and called himfeif a Meffenger Of the Houfe f Taking the paper which appeared in thV Gazette really to be the Kings PrtHjla Is the fame a legal and a fuf ficient warrant to fuch as may ventare to ad under it Upon the Morris is defired to give his opinion on the above ft a to and as Counfel to advife wbat condu6l he ought by lawto obferve Upon fhjs I Have attentively perufed the above written and tho from the bad defigns which appear to be formed againA the liberties ot the there may be danger in giving which fome of my profcffion would chufe to 1 as it becomes an honeft and firm proceed to give Wheble my without attention to any other ob jecT than the laws and conilitution of this frte W E R To the iirfl laarnplt clearly and defluvcJy of chat WheWc is not compilable by to attend the Houfe of Commonsj in purfuance of the written order above If the grounds upon which the order of attendance was ifTued by the Houfe of Commons had been made part of the prc fent I would then give my opinion whe ther that afiembly had any authority at or in what cafes to compel an attendance upon them j but as rhev are notj I mull take up the matter upon the fummons It is now therefore of no coufcquence what was the caufe thar required attendance becaufe I as Counfel can take as little notice cf it upon the cafe oefore as Wheble could upon a fight of the beyond which he hd no need to The order itfelf is worded in fo irjudicial and unclerlclike a man ner that it is covered with objections almoft from the firft letter to the lalh i 1know not that an is required to underftand Latin efpecially fincc the aft of that all procefs of the law fhall be in and in no other language whatfoever amongit other procefs crden being particularly enu if this order be not a procefs of law it can have no effecl and if ic is it ought to be in Englifh whereas the order in exertion detains words in a ttrange without having the exemption of being technical Latin Wheble is a defeription of it might as well have been written Eye or Nofe Wheble either of them would be as much the name of John Wheble as the a perfon is not le gally named without a proper addition of quality and abode which is not fo much as attempted at in this pretended The place of attendance is not fufficiently this Houfe is more properly the houfe of John Wheble where the Order was than any other for there is no date of place to the Order Wheble therefore heft attended this order by Haying at The date of tim being cxpreifed in a fareign which an Englifhmman need no un dcrltand or attend the day of attendance became canfequendy uncertain min in njxt having no dny which it J3 next to fol Another objection lies to this part of the that the morning of a day is too in definite to fix ah attendance the law requir ing that an hour as well as a day mould be Ipe cified in every order of If the Houfe of Commons had power toifTue this it ought to be figned by the and not by a perfon ufmg certain cabaliilical which may pcfitly be conllrued to mean Clerk of the Houfe of The Speaker ought alfo to recite thru he had an exprefs authority given him by the Houfe before he prefumes to iffue any fummons or warrant It is the office of the and not of the Clerk to authenticate the aits of the 7 But the greateft of objections to the order lies in the want of expreiling the caufe upon which the atten dance is cannot be by any perfon that the Houfe of Commons have an arbitrary fight to require the attendance of or at their withocu having any parliamentary caufe svhat for fuch an There may be fuch a thing as a filmmorfs iffued by the Commons for want of jurjf diction therefore the caufe of attendance mould be exprefled that the party upon whom it was or where it concerned might judge whether the caafe of attendance was Itgal and fufficient for the That caufe not being ex it muft be taken to be illegal and in fufttcient from the maxim of the that the fame rule holds with refpecl to thofe 41 matters which do not a to thofe which d not exift in upon the face of the oider it appears to be and what Wheble neither needed tr ought to have id The iirft being anfwer ed in the feconti requires nd confiderarion but if the attendance was le gally to the above it would be difficult to mew what penal ties the refufing party would be liable to refort to the legal Courts of which have cognizance of fuch d If the be the fubfequent warrant by ihe Speaker rriuft necef farily be invalid aifo for the defetts of fumonons were not cured by any appearance of A form of a warrant no more makes a legal authority for fo mach the ward imparts than a conltabks flair a pcace If the warrant were a Mciicngsr of che Houfe is not a prorer for execut ing it butonly the at Anns and tho Deputy But thcfe arc wicil rtfpetl to the quedion fcr the is plain and that the Speaker cf tha of Commons is no more a appointed to iffue warrants of tluii the Houfe itfelf is a Couriol to Keiiher one cr tlie other hivj thofe powers and when they ufurp tlia people have a right to thsin as invaders of their liberties particularly the objeft of the tyranny has by the law of this and by the law of to de fend his liberty and perfon by fore and agaiiiH fuch illegal though he ihould be obliged to iacrificei in the himfeif from the all the ail the and even the Speaker him felf of the HouTs of I muit that a Warrant of grounded upon a fuppofed carries witii it an argument agaiall us own Contempts of the Houfe of Commons are pu rifizllz by themfeives they can only reftraib inftant and open comrrutfel by ths party in the face of the A warrant to apprehend ihows the party does in prefence ot the Houic dijinrb its debates or its authority fuch being tre legal idea of a 4th This qusition of no he fitation or J he pretended Proclama mation of the King is clearly Procla mations have no intrinfic iorce in this try nor faave they any at all but by Special Acl of 1 hey may ferve set other times to intimate to the people the rre ceffity and inclination of the Prince to put particular laws in Jf they intro duce a new they are trJly The Conltilution of tiii Country his not truft ed to tlie with vvliom fo much fi the authority of appreheuding or committing any Subjects ur the Realm That ajthoruy is left alone to the Magillratesi and to the Courts of Put had the proclamation in other relpecis been a legal warrant tor apprehending John ma ny objections would Mill lie to the forrrt and contents of If any perfon appre hends in purfuance of this1 he to be profecuted bjr attion or indictment and any Magiiirate before whom Wheble is ought if he docs his to fet him ut and commit the aflailant upon his perfon whe ther he be a Kings Herald cr a Speakers melTcnger unlels he can give good bail for his Perfoas are liable to no penalty for concealing or not dilcovering as is failely insinuated in thd Neither the oflicers of the Cullorns or others a right to exairtme fons paffiiig beyond the This Proclama tion has not the force of a Ne exczs All the loving fubjecls of his as they tender the fafety of the Kings and his right to the both which are fecured by the inflead of obeying this to be aflillant in oppofing iA As individdah have a right td protect their own fo have others a right to interpofe in tKeir Upon the i do advife Wliebe to pay no attention obedience to the abovementioned Warrant of Apprehenfion or All are ly unjuft and Wheble will protected in his refiftance ty Magna Ghafta and by numerous Statutes which confirm our invaluableGode of The Proclamation moreover feems to me to levy a cruel war upoft two individuals withont colour of lasv j and i do Five it as my thaf Whebltf well inftuute an afliori upon the Gaftj againft the and Pnblifnefs J A tiartb ;