ΧΧΧΙΧ.

CHAPTER the poffeffion of the Spaniards. The British armament cost the nation between three and four milli1770. ons of money, besides the expence and inconvenience to individuals.

CHAP.

CHAP. ΧΙ.

Lord Chatham renews the Difcuffion of the MiddleSex Election---Attacks Lord Mansfield's Doctrine of Libels-Interruption of the Duke of Manchester -Violent Disturbance made by the Court PartyThe Minority fecede-Motion respecting GibraltarThe Spanish Declaration-Questions intended for the Judges Motion to refcind the Resolution concerning the Middlesex Election-Lord Chatham's Motion to address the King to dissolve the Parlia

ment.

N the 28th of

Oved

:

November, 1770, Lord CHATHAM CHAPTER "That the capacity to be chosen a repre- XL. sentative of the Commons in Parliament, being under known restrictions and limitations of law an original inherent right of the subject, may be cognizable by law, Lord and is a matter wherein the jurifdiction of the House of Chatham Commons (though unappealable as to the feat of their renews the member) is not final or conclufive." His Lordship was of the very dispassionate, clear, and strong; enlarging on all Middlesex the points of the Middlesex election. He urged the ne- Election. cessity of diffolving the Parliament, as a measure that would give universal fatisfaction. That as to the impropriety of the two Houses of Parliament quarrelling, it would be of no worse consequence than in 1704, and it is a point that ought to be fettled: the liberty of the subject, the right of election, were invaded by an arbitrary vote of the other House, which, though only one branch of the legislature, had affumed the power of the whole. The people neither had, nor could have any confidence in a House of Commons which had committed so flagrant a violation of their dearest rights. The present House of Commons were become odious in the eye of the present age, and their memory would be detested by posterity.

XL.

CHAFTER Their having substituted Colonel LUTTRELL for Mr. WILKES, he insisted, demanded the severest punishment -required a diffolution.

1770.

He attacks Lord

Mans

field's

Libels.

1.

Towards the end of his speech he made a digreffion, to introduce another grievance, which, he said, he was informed prevailed in the courts of law, respecting juries in the case of libels, and the judgment of the Court which followed. He conceived the direction of the Judge,

doctrine of not formerly, but lately given to juries, to be dangerous and unconftitutional, and the judgment of the court, in many cafes, to have been cruel and vindictive. The matter of libel of public libel-was generally a political matter; and the question, whether a paper was a libel or not, was not a question of law, but a question of politics, Lin which Ministers indulged their passion of revenge, the courts of law became their instruments of gratifica

tion.

and

Lord MANSFIELD, after many compliments to Lord CHATHAM, maintained his doctrine respecting libels J Lord CHATHAM replied, that if he conceived the noble Lord on the woolsack right, his doctrine was, "That a "libel, or not a libel, was a matter of law, and was to "be decided by the Bench; and the question to be left to "the jury to determine, was only the fact of printing "and publishing:" to which Lord MANSFIELD assented. His Lordship then expressed his astonishment, declaring, that he had never understood that to be the law of Eh gland, and expressed his wish, " that a day might be ap "pointed for an enquiry into the conduct of the Judges "who had advanced such a doctrine." His Lordship observed, that in a late cafe, it was declared from the Bench, that if the verdict, instead of guilty of printing and publishing only, had been guilty of printing and publishing without the word only, the officer of the court would have entered it on the record guilty.

4

Б

Lord CHATHAM's observations on the courts of law, respecting libels, occafioned Lord MANSFIELD to move, that the House might be summoned on Monday the rith of December. It was universally supposed that Lord MANSFIELD was refolved to enter fully into the subject on that day; but when the time arrived, Lord MANSFIELD only. told their Lordships that he had left a paper with the clerk. for their perusal. This brought up

Lord

1770.

Lord CHATHAM, who said, that the verdict of the jury, CHAPTER in the cafe to which the paper alluded, was " guilty of XL. printing and publishing only;"-that two motions had been made in the Court upon this verdict; one, in arrest of judgment, by the defendant, grounded upon the ambiguity of the verdict the other by the counsel of the crown, to enter upon the verdict according to the legal import. On both motions a rule to shew cause was granted, and in a short time after the matter was argued before the Court. The noble Judge, when he delivered the opinion of the Court upon the verdict, went regularly through the whole of the proceedings at Nisi Prius, as well the evidence that had been given as his own charge to the jury. This proceeding would have been very proper, had a motion been made from either side for a new trial; because either a verdict given contrary to ovidence, or an improper charge by the Judge at Nifi Prius, is held to be a sufficient ground for granting a new trial: but when a motion is made in arrest of judgment, or for establishing the verdict, by entering it up according to the legal import of the words, it must be on the ground of fomething appearing on the record; and the Court, in considering whether the verdict shall be established or not, are so confined to the record, that they cannot take notice of any thing that does not appear on the face of it; to make use of the legal phrase, they cannot travel out of the record. The noble Judge did travel out of the record. I affirm, therefore, that this conduct was IRREGULAR, EXTRAJUDICIAL, and UNPRECEDENTED; and I am sure there is not a lawyer in England that will contradict me. His real motive for doing what he knew to be wrong, was, that he might have an opportunity of telling the public extrajudicially, that the other three Judges agreed with him in the doctrine laid down in the charge.

Lord CAMDEN asked, if Lord MANSFIELD meant to have his paper entered upon the Journals. To which Lord MANSFIELD answered, No! No! only to leave it with the Clerk.

After this business was over, the Duke of MANCHES

tion the

TER rofe. His Grace began with defcribing the state of Interrup the nation, and particularly of Gibraltar and Minorca; Duke of the former of which, he faid, was in a state utterly de- Mancher fenceless Here his Grace was interrupted by Lord ter.

H

Gower,

CHAPTER Gower, who defired that the House might be cleared of all XL. but those who had a right to fit there. There was a standing order of the House, he said, that none but Peers should come there.

1770.

Violent

disturb

The standing order of the House was then read, when the Duke of RICHMOND got up, and defended what the ance made Duke of MANCHESTER had faid, observing, that though

by the Court

Party.

Minority fecede.

it was very true any Lord had a right to order the House to be cleared, yet that their doing it now would alarm the people, who would immediately suppose they were afraid their proceedings should be known. Immediately a violent outcry arose, and all became noise, clamour, and confufion. Clear the House! Clear the House! was echoed from fide to side. The Lords DENBIGH and MARCHMONT particularly distinguished themselves in pushing out the Members of the House of Commons, as well as strangers. The Duke of RICHMOND attempted to speak, but his voice was drowned in the clamour. Lord CHATHAM shocked at the indecency of such a proceeding, rofe, hoping that his age, his services, his abilities, would force attention; but these were not the charms to footh that great assembly. Hands, voices, legs, were all employed to prevent the noble Lord (whose seat in that House was the reward of having faved the nation) from being heard at this moment.

Lord CHATHAM continued speaking, without being heard, for fome time. He sent the Duke of RICHMOND to the Speaker (Lord MANSFIELD) to acquaint his Lordship that he wanted to speak to the construction of the standing Order. But he could not be heard. The taste was evidently for Lord DENBIGH's and Lord MARCH MONT'S eloquence. Lord CHATHAM, at length wearied out with infult, declared, that if he was not to have the privilege of a Lord of Parliament, and to be allowed the exercise of free debate, it was needless and idle for him to attend Parliament. He left the House; and about eighteen Lords had dignity enough to feel their own disgrace in the insult offered to him, and left the House to its own madnefs.

No fooner were these noble persons retired, than, as if the design of the Ministry had been to tell the world that the prefence of those noble Lords was the only check that controuled them from the most violent absurdities, they

I

loft