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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, October 19, 1771

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Bingleys Journal (Newspaper) - October 19, 1771, London, Middlesex From October to Oftober 1771 For BIHCLEYS MANSFIELD defended againft JUNIUS and bis UHIUS derives importance from every His pride is flat tered by the number of his ponents and even detection it P felf is a triumph to a man who harno no fame to v T J the recovered one hundred thoufand pounds againft a man for callingjnm a which was no additional damage to his for all England knew him to be actually a If continued the the Kings brother recovered fo the rule mould be re and the defendant ought to pay much as the injury was The learned Council judicioufly patted over the many cafes in a Duke of a Duke of I the abfence of all he enjoys the fecuI a Duke of and many othej tv tvhich others owe to a reputation invulnerI who had recovered moderate damages frora We on every fide And he is fingularly indepenj men of But he relied on an Irifh dent of under the unparalleled depravity Jof which he ftated no where the of his But there are charges which re an notwithftanding the is annexed to on account of the nuarter from which they Junius is not more than fome of his readers are credu lousAnd this confideratiort was the fole induce ment to the fullowing difpafGonate anfwer to his late attack upon a great who is an or Bjjnent to the prefent The that bis Lordjhip challenged is at once impoflible and It an iwers and bears the lye on Its Junius may found his accufation upon a mifre prefented fact A about fifteen years for a fufuicion conceived upon fomething which happened in was pafled by with the acqniefcence and confent of the Council on both Neither of the parties A jadious to gain confequence to began to He met with no and he dropt the Junius ought to lhafjurors are pafled with the acquiefcence of both without formal With out the confent of it cannot be Such a meafure would be a miftrial upon mo would be fetafide of courfe by the when the parties are nobody elfe I ias any right to His has deftroyed the Liberty of the in hk gives himfelf the No writer ever ufed the liberty of the prefs widi fuch unreftrained freedom as himfelf No times were ever fo much marked as the prefent with public fcurrility and A reply j to the charge is in every column of every They are the moft dangerous who abufe the liberty of the prefs like Junius and his adhe His not content with deftroying the liberty of the if we believe nftrained the power of it has never yet been have a power of doing either right or according to their will aad plea The only queftion by what rules fhould they govern if they mean to do Till the year 1730 there was fome doubt whether cojiftruction of a libel was not a queftion of Jaw c But in Franklins the which has teen invariable ever fince was admitted fcy Lord then agreed to by eminent Council on the otker and adopted by the Lord Mansfield made a late opinion of the Oourt very undoubt edly a that it mould be taken up littttionally in by thofe who pretendi ed to differ from him in op by a in the progrefs of which ths matter might be with the of the I was in this light underftorxl and the moft confiderable par ef ihofe who differed from that opinion in the Houfe of being clear that there was no colour for a declaratory moved for a Bill to make a law ior rhe which was Theenormous crime trumped up by Junius and iis party then that a Judge tells the Jury in his the law and leaves them to do as they without inturpo If he thinks his opinion as he moft Certainly is it not in his power to do othcr wife and he muft repeat the fame when tver a fimilar cafe comes before Junius next to fave the Kings Lord Mansfield declared in a ver dift for criminal a man of the firft quality is entitled to no greater than the fflcaneft have talked with fome who attended the I have read the fpurious accounts of it in We know how falfely and ignorantly fuch notes are even when the writers mean no They are generally Unintelligible till they are corrected by the per is But I that malice join iffue with in what is made Lord Mansfields It is full of con tradictory and manifeftly Much de pends upon a word or a reftriction or qua The publifhed opinion makes Lord Mansfield tell the Jury that the meafure of da wages mufl be from all the circumftances the cafe taken In another it him ftate many of the and they are not at all material without any re 3n or But the fcope and oc of the direction are very in whatever words the itfelf was A very eminent and able Council with a torrent of applied to the paflions of He with great art and ad to carry it is impoflible to fay Merely on account of the rank and fituation of we The Dujfe of he informed rule was to give fuch damages as mould ruin the contended for an exor bitant by way of It was the indifpehfible duty of the Judge to extricate the matter from the paffionsof the worked up and biafled byinflammatory that powerful inltrument of and to bring it back to their cool aud found They told that damages are by way of retribution to the plaintiff for the and to be eftimated from all the The rank and fituation of the parties were not of themfelves A under fome may be entitled to lefs damages for this than a tradefman under other circum ftances That it might be in certain Situa to give fmall damages for this injury againft a defendant of great and in other fituations to give ten thoufand pounds againft a perfon of low Even from the fpurious opinion the cafe appears to have been left to the upon all the circum without a fingle remark on any of without a word of No cafes were mentioned where moderate damages had been given to Peers of the higheft rank tor this injury againft perfons of great The next charge of Junios and his party againft the noble Lord That he has changed the fyftem of uncandid party do not recollect that Lord Mansfield has had three afEftants mod eminent for knowledge and The only cbamge we of Weftmin fterHall either know or have heard that the decifions inform and fatisfy the Bar That hitherto no one has been which is a main point to the and perhaps there is no Lord Mansfield at the which flows into that and leaves every other almoft is encrcafed be yond I have been that befides all the other there are not fewer than Jeven or eight hundred eaufes entered erety at the fittings before his Lordlhip fot London and It is at once unjuft and uncandid to take from him all whiie he goes through the immenfe fatigue whick arifes from a high re As to Lord Chathams the malevolent writer has fat down to invent a without gin ing himfelf the trouble to enquire into what pav ftd in public upon that as manfy more of the attended that Lord Mansfield moved the which was put to the penned with a view of that upon it appeared he thought the caufe Though it had been both above and below upon another the Judges confidercd the point on which it had been They were and prepared to different Lord ap pnied of the difagreement among the fuggefted that point upon which he thought the ciufe be the other as it He pro pofed to the Judges to confider it in that The Houfe was adjourned exprefsly for this pur pofe and when the J udges came to confider the caufe on the point fuggefted by Lord they were unanimous which terminated the whatever the law might be upon the other point in which it was decided The alle that Lord Mansfield made the decree for the bears on its face the marks of a palpable It is a mere invention of Junius never never fufpedted by any other writer I am both from the de licacy of the Commiffioners and that of his Lord that not a fingle word ever pafled between them on the A Barrijler at Law To S I the A Friend of Junius defires it in anfwer to A Barrier at LewJ i That the fact of Lord Mansfields having ordered a Juryman to be patted by which poor Zeno never heard of is now formally When Benfons name was Lord Manf field was obferved to flufh in the a fignal of guilt not uncommon with and cried pafs him This I take to be fomething more than a peremptory It is an unlawful without any reafon That the Council did not refift is true but this might hap pen either from or a crimiaal corn pi ai fan ce to Lord Barriftert are too apt to be civil to my Lord Chief at the expence of your Junius did never ay that Lord had dejlrojcd the liberty of the That his Lprdflyp has labured to his doc trine is an attack upon the liberty of the it is an of the right of are the propofitions maintained by His opponents never anfiwer him in for they never meet him fairly upon his own Lord Mansfields in endeavouring to fcreen his uncoriftitiitional ddctriries behind aft of Ae is eafily Let Eflghflrman Hand upon his guard the right of Juries to return a general in all cafts is a part of our It ftands in no need of a either enaSing or dedaratoryt to confirm With regard to the Grofvenor it is pleafant to that the attributed by Junius to Lord is admitted by Ze and directly The Barrifter has not the affarance to deny it but he evades the and foftens the by fuch contemptible as cannot impofe upon the meaneft The quantity of bufinefs in the Court of Bencb proves nothing but the litigious fpint of the arifing from a great encreafe of wealth and are now upon the and will foon leave no thing bat lawJuits behind When Junius affirms that Lord Mansfield has laboured to alter the fyftem of in the Court where his Lordfliip he fpeaks to thofe who are able to look a little farther than the Be fkes that the multitude are eafily deceived by ths impofing names of equity it does not follow that a who introduces into hia Court new modes of and new principles of every to decide Why fhould where he has no intereil We fay that Lord is a bad mant and a vvorfe judgebut we do not fav that he is mere Our adverfaries would fain reduce Us to the difficulty of proving too fhall not avail The truth of the matter is plainly When Lord Mansfctld has fucceeded in his fcheme of changing a Court of Common Lavj to a Court of Equityy he will have it in his power to do be thinks though 9 is neitherabfertl nor The laft relative to Lord Chat hams canntt be re fers to of too fecot a nature to be afcer and partly is Upon tf one the caufe is decided againft Lord Upon axtlbtr it is decided for the lavu and the language are well finfed to a Barrifter I have any guefi at this honeft gentlemans it that whereas the CommifSoners of the Great Seal faw the queftion in a point of view unfavour able to Lord and decreed accord out of meer love and kindnefs to Lord took the pains to place it in a point of view more favourable to the Judtzus So curious an aflerdon would ftagger the faith of A Genuine Anecdote of the late CHARLES THOUGH Churchill led a very diflblute he was very and the cry of diitrefs never reached his ears in he was returning about two oclock in the from a he was accofted in the Strand by a genteel young who in a tre mulous voice him to accompany her to a and treat her with a glafs of Churchill was truck with her manperof ing which he obferved was quite different from that of a common and looking in her he faw it covered with tears he felt and giving her a bid her go home and get fomething to enliven her as fhefeemed much in need of and told he was certain he had not been ufed to that way of The poor unable to contain her gratitude for fuch anexpected dropped on her knees in the and implored ten thou fand bleffings on him who had thus prefcrved a family from He raifed her and de fired her to explain faid the daughter of an whofe regiment being he is now reduced with a wife and five children almoft to the point of death through wantj we were brought to the laft when unable to fee my dear parents in fuch a condition refolved on this method to pro cure them fuftenanee j but your generous bounty has faved me from a dreadful and will give frefh life to a itarving who will pray for forces Churchill felt that fhe fpoke fincerely he defired to be immediately led to this fcene of and finding the account that he had had ra ther foftened than he only ad miniftered a relief to their prefent but procured a liberal benefaction for and ex erted his intereil with hia noble friends fo effec that he ibon got a Captains commiflion made out for the father Jn a regiment in that his Churchills generous mind might not be hurt by the grateful thanks and praifes that would have been loaded on him for fo fo diiinterclted ao To bis Excellency George Lord Pifcount Lard Lieutenant and General Governor ef My T CONFESS it is impoflible for me to fupprefs the rifings of a virtuous The the treachery of your conduct mufl alarm and roufe every man who has the leaft fpark of feniibility Mere apprehenfion is out of the Theinfamy of your adnriniUra tion s now publicly Yourfpeech to both Houfes of has fully confirmed the fe cret fufpicions of the They are no longer left to furmife and becaufe you have induftrioufly I believe without defign made known to the world the fecret villanies of and the regular plan which has been laid for the total ruin of this now impoverimed it from the whole te nor of this puerile andconfufed that you mean either to trifle with the dignity of two Eftates of or that you w fli to make them believe what every what every what every uninfluenced man mult know to be falfehoods the moft and of the deepeft You have artfully endeavoured to conceal the trae ftate otptrblic with the fpecious pretence of zeal for the pablic fervice and have wifhed to palm fuck grofs abfurdities on th e peo pie of this n as cannot fail of mak ing you the moft ridiculous of my are not the feutiments of a fingle indivi they are the fentunents ofhis Majftys beft and moft loyal One object is inrariaWy purfued through the And however your Excellency is con cerned to yetmoney to difcfaarge the arrears already is the fubftance of the You are peculiarly my in tne way of expreffing your and in your manner of affigning the real caufe of the great deficiency in tiie revenue to difcharge the expences neceffary for thefapport of You The revenue has fallen confiderably What reafon do you affign The deduftions on account of and public have been fo very What do you fay is the confequence A large arrear has been incurred What remedy do you point out x Either thefe grants muft be or government cannot be Indeed Could vour Excellency find no better plea for the deficiency and arrears which have been incurred No better way of accounting for the expenditure of Awards of than the poor paltry frpia fum by Parli ament to charitable ufesf frmean paJrry in com parifon of the above Could not Sir Gedrge Macartney have whifpered in your a few neceflary thbufands diftributed to certain de pendent Members of the Lower Houfe you fecret fervices of the Court Have you had no friends to ferve if that power has been taken from you by your Lord have not the miniifay of England ap pointed their friends to partake of a fmall moiety of this immenfe fum But here your Excellency puts an end to every argument that can be advanced on this fide of the will obferve fay you that there are rewards given for ferviceS in order TO SUPPORT pretty ca my is refolving cafes of confcience in a manner fo plain and evident to the meaHeft that I wonder the leaft hefi tation is made to addrete you on your TARY But an omiffion is made ia this however it efcaped your notice which affords no fmall matter of political fpecu What I mean that the Tofupport the HONOUR and DIG NITY of left out from which it is natural to that neither the honour or dignity of adminiftra tion has been but that all has been ex pended in the fupport of bare ther honourable or is not at all to the the amounting to the im menfe fum of funk in its my what we fay it be criminal to that even GOVERNMENT itfelf has been neglefted it be dangerous to in the face of the that the tools of have received the greateft part of this have fet all conftiyi tional government at defiance taking thjs to be for it muft be granted by every man in his fenfes will it be that the thus fallen ABty fhort to be increafed for the fupport of mea fures equally dangerous to the rights and liberfcw of this kingdom and peopleBut jt pleafe your not in this vague indeterminate you probably meant to deceive the under feint pretext SUPPORTING governmentwhether good or the following words very fuJJy explain away what you principally wiflxed to The reafon of the revenue falling fo cen siDERABllY is attributed to the payment of certain and other publia fo very This is mighty extraordi and it wili appear the more extraordinary ;