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law cannot consider it valuable as a picture. Upon an application to the Lord Chancellor, he would have granted an injunction against its exhibition, and the plaintiff was both civilly and criminally liable for having exhibited it."

I have been informed by very high authority, that the promulgation of this doctrine relating to the Lord Chancellor's injunction excited great astonishment in the minds of all the practitioners of the courts of equity, and I had apprehended that this must have happened; since I believe there is not to be found in the books any decision or any dictum, posterior to the days of the Star Chamber, from which such doctrine can be deduced, either directly, or by inference or analogy: unless indeed we are to except the proceedings of lord Ellenborough's predecessor Scroggs and his associates, in the case of Henry Care; in which case "Ordinatum est quòd liber intitulat the Weekly Packet of Advice from Rome, or the History of Popery,' non ulteriùs imprimatur vel publicetur per aliquam personam quamcunque." See the Order in vol. 8, p. 198, in Scroggs's Case. See Henry Care's Case, in vol. 7, p. 1111. See also, vol. 19, p. 1152.

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Concerning appeal of murder, spoken of in p. 16, see the cases of Spencer Cowper, vol. 12, p. 1106, and Thomas Bambridge, vol. 17, p. 397.

In Vol. 16, which is just published, of the New Parliamentary History (p. 42.) it appears that the attempt at the time of the Revolution to take away Informations in the court of King's Bench, (see p. 678) was mentioned by Mr. Nicholson Calvert in his speech on March 4, 1765, in the House of Commons, upon moving for leave to bring in a Bill for the relief of his Majesty's subjects, touching Informations in the King's-bench, by and in the name of his Majesty's Attorney-General.'

"Much doubt has been formerly entertained by those who where most eminently distinguished for their knowledge of the criminal laws of this country, whether any criminal informations were lawful. The constructions of Magna Charta, cap. 29, some ancient statutes, and books of the law, declare and agree, That no man can be charged, but by indictment or presentment.-In the case of the King and Berchet and others, 1 and 2 William and Mary, reported in 5th Mod. 463, and there called Prynne's case, sir Francis Winnington averred that lord chief justice Hale had often said, That if ever informations came in dispute, they could not stand, but must necessarily fall to the ground.'—It is admitted, however, that the court of King's-bench in that case held, that informations lay at common law.

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"The present question therefore will be, Who are the officers known to the law, and described in the law books, as the persons with whom only this right of exhibiting informations ex officio rested?-It may be clearly collected, from the authority of the legislature, and the law books, that these officers were only the king's attorney-general, and the king's coroner, to which latter is always added, in such liament, no law book, mentions any other officer, cases, the title of attorney also-No act of paras having this power in any case, or under any circumstances. From the king's coroner this power was taken away by the statute 4 and 5 William and Mary, cap. 18, and was then left in the attorney general only.-Serjeant Hawkins in his second volume of Pleas of the Crown, fol. 268, observing upon that statute's taking away this power from the king's coroner and attorney only, says, from whence it follows, that informations exhibited by the attorney general remain as they were at common law.

"Such informations can only be exhibited in the court of King's-bench, of which court the king's attorney general and the king's coroner and attorney, commonly called the master of the Crown-office, are officers upon record, and have their known seats and places there as such.

On the writ of error in Wilkes's Case, (See Vol. 19, p. 1126) in support of the first error assigned, viz. "That it does not appear by the said records, that the said sir Fletcher Norton, "Sir Bartholomew Shower, in his Reports knight, by whom the said informations against fol. 114, in the same case above mentioned in 5 the said John Wilkes were exhibited, had any Mod. argues and observes, upon the statute 31 lawful power, warrant, or authority, according Elizabeth, cap. 5, and its proviso in sect. 3, proto the law of the land, to exhibit the said in-viding "That that act shall not extend to any formations in the records aforesaid specified; and, therefore, that the said informations are not sufficient informations in law, whereon to convict the said John Wilkes of the offences in and by the same informations charged upon him, and to ground the aforesaid judgments against him," the following reasons were alleged in his printed Case, signed by his counsel (Glynn and Davenport.)

"1. Because the said informations are exhibited and filed by the said sir Fletcher Norton, as his Majesty's Solicitor General, ex officio, when, by virtue of such his office, he had no general authority so to do.

"II. Because it does not appear, that he had any special authority so to do."

such officers of record as have, in respect of their offices, theretofore lawfully used to exhibit informations,' that it is the judgment of parliament, that there were officers to exhibit them, and those that are meant must be the attorney and his deputy the coroner, for I know, says he, no other.-It may be thought that sir Bartholomew Shower is inaccurate in calling the coroner deputy to the attorney, because the coroner has a superior seat in the court of King's-bench to the attorney.-But sir Bartholomew Shower must be understood to speak of the coroner, as deputy only in this instance, he not having equal power with the attorney over the information when exhibited; for the coroner cannot put a stop to it even though he

should have the king's warrant under his sign manual for the purpose; and yet the attorneygeneral can, by virtue of his office, stop it at once by a noli prosequi, which appears by the case of the King v. Benson, 1 Vent. 33. Sir Bartholomew Shower, fol. 120, says further, That in case of malicious prosecution, no action lies against the attorney or coroner, any more than against a grand juror or prosecutor; and the reason given for it is, because they are upon their oaths; and so says he, they (mean ing the attorney and coroner) are here as officers upon record; and fol. 122, he says, the way of apprizing the Court is, by dedit curiæ hic intelligi et informari' before any process, which is done by a sworn officer filed of record.

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"If it be contended, that during the vacancy of the office of attorney general, his authority, in this respect, devolves upon the solicitor general; it is answered, that no law book or judicial determination warrants that argument. It is admitted that there are some modern instances in the rolls of the Crown-office of informations filed by the solicitor general, ex officio, some of which describe the vacancy of the office of attorney general, as if that was the circumstance from which the solicitor general derived his authority, and raised to himself this power. But as the others are silent about such vacancy, they must prove a general original authority, or nothing; because if a special authority is to give the title, it must by the rules of law be set forth in the record, for nothing out of the record can warrant the judgment upon the record. There does not appear to be one instance of a litigation, or judicial opinion, concerning such informations filed by the solicitor general.

claimed or exercised the power; and as he appears to have had no warrant or authority whatsoever to act in this instance as attorney for the crown; it is humbly submitted by the plaintiff in error, that the informations in question were filed without any lawful authority, and for that reason are fundamentally bad and void, so as not to warrant any judgments upon them against the plaintiff in error."

66

On the part of the crown it was said in answer, " That an information for an offence is a surmise or suggestion upon record, on behalf of the king, to a court of criminal jurisdiction, and is, to all intents and purposes, the suit of the king; and that it would be difficult to assign a reason, why his majesty should not have equal liberty with the subject of commencing and prosecuting his suits, by those persons whom he thinks fit to confide in and employ. That the attorney and solicitor general are invested, by their offices, with general authority to commence and prosecute the suits of the crown: it is true, the attorney general, as the superior officer, has the direction and control of his majesty's prosecutions, in which the solicitor general seldom interferes; but it is equally true, that during the vacancy of the office of attorney general, all the suits of the crown, both criminal and civil, are commenced, prosecuted, and carried on by the Solicitor General. That at the time when these informations were filed against Mr. Wilkes, the office of attorney general was vacant, and cousequently the solicitor general was the proper officer to exhibit them. But it is said, that the fact of the vacancy ought to appear upon the record: the only pretence for such an averment is to inform the court of the vacancy, as an inducement to receive the information from the "It appears upon the records, that the solicitor general; but there is no necessity for attorney general became the prosecutor of the that intelligence. The attorney general is, in present informations, before the judgments truth, an officer of and has a place in the court were given. But no adoption afterwards, by of King's-bench, and the Court will take notice the attorney general, of these illegitimate of the vacancy of the office; and there are offspring can sanctify their birth. If the infor- multitudes of instances of suits commenced and mations were bad when they were filed, no sub-prosecuted by the solicitor general on behalf sequent act whatsoever could make them good. "Wherefore, as the legislature has not substituted, nor meant to substitute the solicitor general, or any other person or persons, in the room of the coroner, from whom they took this power, or in the place of the attorney general, during the vacancy of that office, as it was always in the power of the king to supply that vacancy at any moment he pleased; as the legislature has left the attorney general the only known officer in law, authorised to exhibit criminal informations ex officio; as the solicitor general is no sworn officer of the court of King's-bench, either filed of record, or otherwise; as all the law-books are consistently silent, about any power lodged in him for such purpose; as this power has of late time only been usurped by the solicitor general in some modern instances, and those too varying in their form,as if he did not know on what ground he

VOL. XX,

of the Crown, without any averment or notice taken of the vacancy of the office of attorney general. But if the circumstance of an information being filed by the solicitor general furnished any real ground of objection to the prosecution, yet it was conceived, that the plaintiff in error was now precluded from availing himself of it; it could at most amount only to an irregularity, and the remedy must have been by application to the court to have the information taken off the file, or the proceedings stayed. It could never be a cause of demurrer, or of arrest of judgment, or a ground of error; and Mr. Wilkes, having pleaded to the offence, had waived any advantage of that irregularity. Besides, the solicitor general having, during the suit, been appointed Attorney General adopted the information, joined issue with the plaintiff in error, and prosecuted the suit to a conviction."

8 F

553. The Trial of JOHN ALMON, Bookseller, upon an Information, filed er officio, by William De Grey, esq. his Majesty's Attorney-General, for selling Junius's Letter to the King: Be

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fore the Right Hon. William Lord Mansfield, and a Special

Jury of the County of Middlesex, in the Court of King'sBench, Westminster-Hall, on Saturday the 2d day of June, 10 GEORGE III. A. D. 1770. [Taken in Short-hand.*]

COPY of an INFORMATION, filed Ex-Officio by into the utmost dishonour and contempt, and to WILLIAM DE GREY, esq. his Majesty's At-poison and infect the minds of his majesty's torney General, against JouN ALMON, Subjects, with notions and opinions of our said Bookseller, for publishing a Libel. lord the king, highly unworthy of our said Middlesex, Filed Hilary Term, 10 Geo. 3. lord the king, and of that paternal love and concern which he hath always showed and INFORMATION sets forth, That John expressed for all his subjects, as if our said Almon, late of the parish of St. James, lord the king had unjustly taken a part with within the liberty of Westminster in the some of his subjects against others, and had county of Middlesex, bookseller, having no unjustly prostituted the measures of his goregard to the laws of this kingdom, or the vernment to gratify personal resentment; and public peace, good order, and government also, thereby as much as in him the said John thereof, and most unlawfully, seditiously, and Almon lay to alienate and withdraw from our maliciously contriving and intending by wick said lord the king that cordial love, allegiance, ed, artful, scandalous, and malicious allu- and fidelity which every subject of our said lord sions, suppositions and insinuations, to mo- the king should and of right ought to have and lest and disturb the happy state, and the shew towards our said lord the king; and also, public peace and tranquillity of this kingdom, most unlawfully, wickedly and maliciously conand most insolently, audaciously, and unjustly triving and intending, by wicked, artful, scandalto asperse, scandalize, and vilify our said pre- ous, and malicious allusions, suppositions and sent sovereign lord the king, and to represent, insinuations, to traduce, scandalize, and vilify and to cause it to be believed, that our said so- the principal officers and ministers of our said vereign lord the king had by his measures of lord the king, employed and entrusted by our government lost the affections of his subjects said lord the king in the conduct and managein that part of Great Britain called England, ment of the weighty and arduous affairs of this and in Ireland, and in his dominions of Ame- government, and to represent, and cause it to rica, and brought the public affairs of this king-be believed, that said principal officers and midom into a most distressed, disgraceful, and lamentable state and condition; and also, most unlawfully and maliciously contriving and intending to represent, and cause it to be believed, that our said lord the king had bestowed promotions and favours upon his subjects of that part of his kingdom of Great Britain, called Scotland, in preference to his subjects of that part of Great Britain called England, and thereby to create groundless jealousies and uneasiness in his majesty's subjects of England, and also most unjustly to represent, and cause it to be believed, that our said lord the king had bestowed promotions and favours upon one part of his said majesty's army, commonly called the guards, in preference to another part of his army, commonly called the marching regiments, and thereby to create groundless jealousies, uneasiness, and mutiny, in that part of his army called the marching regiments, and to bring our said lord the king and his adminisfration of the government of this kingdom,

* Printed for J. Miller, in Queen's HeadPassage, Paternoster-row, 1770.

nisters had violated the laws and constitution of this kingdom, and adopted weak, oppressive, and infamous measures in the administration of the public affairs of this kingdom, and had brought distress and misery upon the subjects of this kingdom; and thereby to weaken and diminish the public credit, power and autho rity of the government, and also, as much as in him the said John Almon lay, contriving and intending to asperse, scandalize and vilify the members of the present House of Commons of this kingdom, and to represent them as an abandoned, profligate set of men, who had arbitrarily invaded the rights of the people, violated the laws, and subverted the constitution of this kingdom, and also as much as in him the said John Almon lay, to move, excite, and stir up the subjects of our said lord the king to insur rection and rebellion against our said lord the king, he the said John Almon, upon the first day of January, in the 10th year of the reign of our said present sovereign lord George the 3d, by the grace of God, of Great Britain, France and Ireland, king, defender of the faith, and so forth, with force and arms, at the parish

We are

of St. James aforesaid, within the liberty of correct the error of your education. Westminster aforesaid, in the county of Mid- still inclined to make an indulgent allowance dlesex aforesaid, unlawfully, wickedly, sedi- for the pernicious lessons you received in your tiously, and maliciously did publish, and did youth, and to form the most sanguine hopes cause and procure to be published, a most from the natural benevolence of your disposi wicked, scandalous, seditious, and malicious tion. We are far from thinking you capable libel intituled, The London Museum of Po- of a direct, deliberate purpose to invade those litics, Miscellanies, and Literature, in which original rights of your subjects, on which all said libel of and concerning our said present their civil and political liberties depend. Had sovereign lord the king, and of his administra- it been possible for us to entertain a suspicion so tion of the government of this kingdom, and dishonourable to your character, we should also of and concerning the public affairs of this long since have adopted a stile of remonstrance kingdom, and also of and concerning the prin- very distant from the humility of complaint. cipal officers and ministers of our said lord the The doctrine inculcated by our laws, that the king, employed and entrusted by our said lord king can do no wrong, is admitted without rethe king in the conduct and management of luctance. We separate the amiable goodthe weighty and arduous affairs of this govern-natured prince from the folly and treachery of ment, and also of and concerning the members his servants, and the private virtues of the man of the present House of Commons of this king-from the vices of his government. Were it dom, are contained (amongst other things) di- not for this just distinction, I know not whevers, wicked, scandalous, seditious, and mali- ther your m--y's (meaning majesty's) concious matters (that is to say) in one part thereof dition, or that of the English nation, would deaccording to the tenor following, to wit, "Ju- serve most to be lamented. I would prepare nius's Letter to the **** (meaning our said your mind for a favourable reception of truth, lord the king). When the complaints of a by removing every painful, offensive idea of brave and powerful people are observed to en- personal reproach. Your subjects, Sir, (again crease in proportion to the wrongs they have meaning our said present sovereign lord the suffered, when, instead of sinking into submis-king) wish for nothing but that as they are reasion, they are roused to resistance, the time sonable and affectionate enough to separate will soon arrive at which every inferior consi- your person from your government, so you deration must yield to the security of the so- (again meaning our said present sovereign lord vereign, and to the general safety of the state. the king) in your turn should distinguish beThere is a moment of difficulty and danger, at tween the conduct, which becomes the permawhich flattery and falshood can no longer de- nent dignity of a k-g, (meaning king) and ceive, and simplicity itself can no longer be that which serves to promote the temporary misled. Let us suppose it arrived. Let us interest and miserable ambition of a minister. suppose a gracious, well-intentioned prince, You ascended the throne with a declared, and made sensible at last of the great duty he owes I doubt not, a sincere resolution of giving unito his people, and of his own disgraceful situa-versal satisfaction to your subjects. You (again tion; that he looks round him for assistance, and asks for no advice, but how to gratify the wishes, and secure the happiness of his subjects. In these circumstances it may be matter of curious speculation to consider, if an honest man were permitted to approach his king, in what terms would he address himself to bis Sovereign. Let it be imagined, no matter how improbable, that the first prejudice against his character is removed, that the ceremonious difficulties of an audience are surmounted, that he feels himself animated by the purest and most honourable affections to his king and country, and that the great person, whom he addresses, has spirit enough to bid him speak freely, and understanding enough to listen to him with attention. Unacquainted with the vain impertinence of forms, he would deliver his sentiments with dignity and firmness, but not without respect. Sir, (meaning our present sovereign lord the king) it is the misfortune of your life, and originally the cause of every reproach and distress which has attended your government, that you (again meaning our present sovereign lord the king) should never have been acquainted with the language of truth, until you heard it in the complaints of your people. It is not, however, too late to

meaning our said present sovereign lord the king) found them pleased with the novelty of a young prince, whose countenance promised even more than his words, and loyal to you notonly from principle, but passion. It was not a cold profession of allegiance to the first magistrate, but a partial, animated attachment to a favourite prince, the native of their country. They did not wait to examine your conduct, nor to be determined by experience, but gave you a generous credit for the future blessings of your reigu, and paid you in advance the dearest tribute of their affections. Such, Sir, (again meaning our said present sovereign lord the king) was once the disposition of a people, who now surround your throne with reproaches and complaints. Do justice to yourself. Banish from your mind those unworthy opinions with which some interested persons have laboured to possess you. Distrust the men who tell you the English are naturally light and inconstant, that they complain without a cause. Withdraw your confidence from all parties; from ministers, favourites, and relations; and let there be one moment in your life in which you (again meaning our said present sovereign lord the king) have consulted your own understanding. When you (again meaning our said lord the

king) affectedly renounced the name of Eng-lord the now king) are as much distinguished lishman, believe me, Sir, (again meaning our by a particular character as by your majesty's said lord the king) you were persuaded to pay favour. Like another chosen people they have a very ill-judged compliment of one part of been conducted into the land of plenty, where your subjects at the expence of another. they find themselves actually marked and dividWhile the natives of Scotland are not in actual ed from mankind. There is hardly a period at rebellion, they are undoubtedly entitled to pro- which the most irregular character may not tection, nor do I mean to condemn the policy of be redeemed. The mistakes of one sex find a giving some encouragement to the novelty of retreat in patriotism, those of the other in devotheir affections for the House of Hanover. I tion. Mr. Wilkes brought with him into poliam ready to hope for every thing from their tics the same liberal sentiments by which his new-born zeal, and from the future steadiness private conduct had been directed, and seemed of their allegiance. But hitherto they have no to think that, as there are few excesses, in claim to your favour. To honour them with a which an English gentleman may not be perdetermined predilection and confidence in ex- mitted to indulge, the same latitude was allowclusion of your English subjects, who placed ed him in the choice of his political principles your family, and, in spite of treachery and re- and in the spirit of maintaining them, I mean bellion have supported it upon the th-ne to state, not entirely to defend his conduct; (meaning throne) is a mistake too gross even in the earnestness of his zeal, he suffered some for the unsuspecting generosity of youth. In unwarrantable insinuations to escape him. He this error we see a capital violation of the most said more than moderate men would justify, but obvious rules of policy and prudence. We not enough to intitle him to the honour of your trace it however to an original bias in your edu.m-y's (meaning majesty's) personal resentcation, and are ready to allow for your inexperience. To the same early influence we attribute it, that you have descended to take a share not only in the narrow views and interest of particular persons, but in the fatal malignity of their passions. At your accession to the throne, the whole system of government was altered, not from wisdom or deliberation, but because it had been adopted by your predecessor. A little personal motive of pique and resentment was sufficient to remove the ablest servants of the crown, but it is not in this country, Sir, (again meaning our said lord the king) that such men can be dishonoured by the frowns of a k-, (meaning the king) they were dismissed but could not be disgraced. Without entering into a minuter discussion of the merits of the peace, we may observe in the imprudent hurry with which the first overtures from France were accepted, in the conduct of the negociation, and terms of the treaty, the strongest marks of that precipitate spirit of concession with which a certain part of your subjects have been at all times ready to purchase a peace with the natural enemies of this country. On your part we are satisfied that every thing was honourable and sincere, and if E- -d (meaning England) was sold to F-e (meaning France) we doubt not that your m(meaning majesty) was equally betrayed. The conditions of peace were matter of grief and surprise to your subjects, but not the immediate cause of their present discontent. Hitherto, Sir, (again meaning our said lord the now king) you had been sacrificed to the prejudices and passions of others. With what firmness will you (again meaning our said lord the king) bear the mention of your own? A man not very honourably distinguished in the world, commences a formal attack upon your favourite, considering nothing but how he might best expose his person and principles to detestation, and the national character of his countrymen to contempt. The natives of that country, Sir, (again meaning our said

ment. The rays of r-1 (meaning royal) indig
nation, collected upon him, served only to illu-
minate, and could not consume. Animated by
the favour of the people on one side, and heat-
ed by persecution on the other, his views and
sentiments changed with his situation. Hardly
serious at first, he is now an enthusiast; the
coldest bodies warm with opposition, the hardest
sparkle in collision. There is a holy mistaken
zeal in politics as well as religion. By per-
suading others we convince ourselves. The
passions are engaged, and create a material af-
fection in the mind, which forces us to love the
cause for which we suffer. Is this a contention
worthy of a k-? (meaning king). Are you
(again meaning our lord the now king) not sen-
sible how much the meanness of the cause
gives an air of ridicule to the serious difficulties,
into which you (again meaning our said lord
the king) have been betrayed? The destruc-
tion of one man has been now, for many years,
the sole object of your government, and if there
can be any thing still more disgraceful, we have
seen for such an object, the utmost influence of
the executive power, and every ministerial ar-
tifice exerted without success.
Nor can you
(again meaning our said lord the now king)
ever succeed, unless he should be imprudent
enough to forfeit the protection of those laws,
to

which you owe your c-n (meaning crown) or unless your ministers should persuade you to make it a question of force alone, and try the whole strength of government in opposition to the people. The lessons he has received from experience will probably guard him from such excess of folly; and in your ms (meaning majesty's) virtues we find an unquestionable assurance that no illegal violence will be attempted. Far from suspecting you (again meaning our said lord the now king) of so horrible a design, we would attribute the continual violation of the laws, and even this last enormous attack upon the vital principles of the constitution, to an ill-advised, unworthy,

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