the only proper authority to en. force the fubjects obedience to it. They contended that the pam. phlet did not at all fuit the party alluded to.

That it appeared from the affi. davits on behalf of the profecu. tion, that the facts were not as ftated in the pamphlet ; if fo, there was an end of the caufe for the particular mode of proceeding contended for.

That it was impoffible the cha. racter drawn in the pamphlet fhould be the portrait of an original, it deviated fo far from the likeness of any chief justice, particularly the prefent one of the court of King's Bench.

That it was only in anfwer, by way of argument, to another pamphlet, that had advanced doc. trines not agreeable to the notions of the author of the Letter on libels.

They likewife urged, that fup pofing a pamphlet to be a reflec. tion upon the party alluded to, yet that an attachment was an improper mode of proceeding in this cafe. For that, if the chief prefident of this court was allud. ed to, he had several methods to do himself justice, without taking this unconstitutional one; he was a member of a most illustrious body, who would never fuffer the flighteft reflection on the character of any of their members to pafs unnoticed or uncenfured; that, as a peer of the realm, he was intitled to his action of fcandalum magnatum, wherein he need not fear but that a jury will give him a proper fatisfaction for any injury he fhould prove to them he had received.

That an attachment (the process of contempt) was originally inttituted for the benefit of the fub. ject; it was established to enforce obedience to the commands of the courts of justice; it was founded in neceffity, for, if the courts of juftice were not poffeffed of such a power, their proceedings would be vague and nugatory; and therefore, as the cafe before them was not attended with any of the peculiar circumftances neceffary to fupport an application of this fort, it would be too much for the court to extend it beyond its original limits.

That even the practice of granting informations, which went a great way, would be nothing if the prefent motion were granted.

The method to apply for infor. mation is this: The party who conceives himself injured annexes the paper in which he thinks himfelt alluded to, to his own affida. vit, wherein he fwears that he be lieves the writer, printer, or pub. lither (as the cafe may happen to be) intended to reflect on him: whereupon the court grants the information; but the defendant is always tried, and the fact proved to the fatisfaction of a jury; but in this cafe, if the attachment goes, the court exercises the distinct and peculiar provinces of party, judge, evidence, and jury.

They obferved, that it was no contempt to difobey the order of a judge at nifi prius, at the Old Failey, or at chambers, till made rules of court, which was generally done of courfe, from the refpect the court paid to the perfons who made fuch order; however, as the order in queflion never was made

a rule

a rule of court. it was no contempt.

They inftanced the late lord Ferrers's cafe, in which an habeas corpus had iffued in the vacation to bring his countefs before a judge, which the earl not doing, a motion was made the enfuing term for an attachment, for a contempt in not obeying the writ; but the court was of opinion it was no contempt of court, the writ not having iffued by virtue of a rule of the court; and the motion was denied, and a rule granted for another babeas corpus.

Another cafe they inftanced was a motion for an attachment against the publisher of the Moderator, in which lord chief juftice Pratt's determination for discharging Mr. Wilkes from his commitment, was called precipitate and inconfiderate, injudicious and erroneous; yet the rule was never made abfolute.

Thefe arguments were copiously and learnedly anfwered by Mr. attorney general, Mr. folicitor general, Mr. chief juftice of Chester, and Mr. Wallace, the council for the profecution. Mr. Serjeant Glyn, by the favour of the court, was indulged with the liberty of replying, to which he was not intitled by law; when, after a fhort rejoinder by Mr. attorney general, Sir John Eardley Wilmot, who in the absence of the chief juftice, prefided in court, having remarked; that the council on each fide had learnedly and laudably difcuffed the queftion, declared, that as the caufe was of great importance, his brethren and himself would take time to deliberate, and would fix fome future day on which to give their opinion.

"The

About the middle of June (Trinity term) the judges called for the defendant's council, and, in the courfe of much altercation, repeatedly defired their confent to an amendment in the rule; where, inftead of "The King against John Almon," it was put, King againtt John Wilkes." But to this the defendant's council very firmly refused to confent. The rule was therefore discharged, and all profecution was thought to be at an end. But next day a very confiderable quantity of fresh matter of accufation was brought by Mr. Webb, then folicitor to the treasury, and fupported by new affidavits; on which (in confequence of a motion made by Mr. Wallace) a new rule was made against Mr. Almon, to fhew caufe why a writ of attachment fhould not go against him for his contempt upon this new accufation. But, it being now near the end of term, Mr. Dunning defired the fhewing cause might be put off until next term; the charge being fo very long, and the cafe fo inte. refting to public liberty, there was not time to confider of and prepare a proper defence; and his request was readily granted.

produced a quarrel between these two gentlemen, but has also actually produced much confufion and difturbance throughout the island. This private quarrel was inftantly adopted by the whole houfe of affenbly, who looked upon the affront and difgrace offered to Mr. O. as offered to the whole body, of which he was a member. As foon therefore as the houfe met, it was immediately refolved, that the deputy marshal and Mr. C. and one W. the marthal's man, fhould be taken into the cuftody of their meffenger; which was accordingly done. But thefe, not very well pleased with their confinement, petitioned his excellency, as chancellor, for their habeas corpus, which he granted. He could not have refufed it, without forfeiting at leaft a thousand pounds. However, to quafh the whole affair, if poffible, he defired the immediate attendance of the whole houfe, then fitting; and, after having paffed fuch few of the bills as were ready, he prorogued them, viva voce, till the next day, without aligning any particular reafon for fo doing. But, as foon as they were met the next day, they refumed the fubje&t, came to many refolutions, (nem. con.) af certaining their privileges, and one to take again the fame perfons into cuftody of their meffenger, for a violation of thofe privileges which they would fain eftablish. The prifoners purfued their former courfe, and petitioned, as before, for their babeas corpus, which was again granted; and the meflenger of the affembly was ordered the next morning to wait upon the chancellor; which he did, with the

perfons he had in cuftody, whom the chancellor was pleased to tell he would hear by their council, either that day or the next. The prifoners chofe the latter, and appearing with their keeper, in the circle of a very numerous acquaintance, big with the expectations of the day, his excellency was pleafed to decree, from the courfe of the pleadings, and his own private judgment, that it did not appear to him, either from the laws of Great Britain, from those of this ifland, or from any precedent, cuftom, or usage whatsoever, that any member of the affembly of Jamaica thould be protected during the feffion, except in his perfon only; and therefore the prefent confinement of the prisoners was illegal; upon which they were again fet at liberty. The whole of this decretal order being in direc oppofition to what the affembly had a day or two before voted, put the whole houfe of affembly into a flame; for no fooner were they met, than the house was cleared, the doors locked, and a general committee formed, with Mr. C―J at the head, who, after a long and loud debate, when the speaker had again taken the chair, and called to order, reported from the committee, among other things, as follows, viz. That his excellency, by taking upon himself, as chancellor, to hear and determine upon a matter which belonged to that houfe only to hear and determine upon, had acted in an unjustifiable manner, and was guilty of a flagrant breach, contempt, and violation of the rights and privileges of that house; and alfo an intringement of the liberties of

tha

the people." Whereupon it was refolved, that a remonftrance of the governor's condu&t in this affair fhould be drawn up and laid at the feet of his majefty, to interpofe his royal favour and relieve his faithful fubjects of Jamaica from the imprudent; arbitrary, and oppreffive government of him, whose conftant measures of government, about two months before, they had published to all the world, were wife and prudent, and the people living under his adminiftration to be fatisfied and happy. Early the next morning, before they could meet to put the finishing hand to this affair, the governor published their prorogation; and afterwards, fummoning a privy council, by their advice, diffolved them. Writs were iffued accordingly for a new affembly, returnable the 5th of March enfuing. It has been published, throughout the island of Jamaica, that the granting of an babeas corpus, and determining thereupon, with regard to any affembly-prifoner, is a high infringement of the people's rights and privileges; yet few, perhaps, will be found, who think that the refufal of fuch a writ, and thereby fcreening a man from the payment of his juft debts, is not a much greater infringement of the people's rights, productive of the greateft evils, and totally fubverfive of that impartial adminiftration of juftice, which every honest man hopes will be always had and maintained, not only in Jamaica, but in every other remote and diftant colony, that has both the happiness and honour to be dependent upon the government of Great Britain.

mination upon record, in the office ol the regifter of the court of chancery, which we apprehend to be abfolutely deftructive of one of the moft effential privileges of the house; a determination not only new in its nature, and founded on proceedings before unheard of, and unattempted even from the first establishment of the conftitution and government of this ifland, but which has, in its confequences, been productive of many great inconveniencies, arifing from the deficiency of money in the treasury, occafioned by the expiration of all the money-bills, none of which were paffed during the late affembly, their paffage having been prevented by the diffolution.

Warmly difpofed to remedy thefe inconveniencies, and to promote his majesty's fervice, to the utmost of our power, as far as is confiftent with our rights and privileges; and being extremely defirous of proceeding with alacrity and dispatch towards the accom. plishment of thefe important views; it gives us inexpreffible anxiety to find ourfelves incapacitated, whilft we labour under the preffure of that determination, to enter into the confideration of these subjects, confiftently with the honour and dignity of the house.

And as we are certain that the obliteration of this determination is the only measure that can reftore that peace and tranquility fo greatly defired by every loyal fubject and well-wifher to bis country; and as we have great reafon to hope, from your excellency's frequent declarations of your willingness and readiness to promote the honour of his majef

ty's government, and the peace and happiness of the people of this ifland, that you will concur with us in every measure that can be effectual to accomplish those defireable ends; we do moft earnestly request your excellency to give the neceffary orders to the register of the court of chancery, that the record of that determination may be accordingly expunged."

To which his excellency made the following answer:

"Mr. Speaker, and gentlemen of the affembly,

Your application to me, in this addrefs, is of fo extraordinary a nature, that it is difficult to give it the answer it deferves. Surely you cannot feriously propofe to me to obliterate a determination which I myself have made; or be ignorant, that a judge, who should expunge a record of the court in which he prefides would defervedly incur the highest cenfures: but I fee with concern that all my endeavours to promote that peace which you affect to defire, and to maintain that fair correfpondence with you, which might contribute to the welfare of this country, are unfuccefsful; and that I muft look for no fupplies from you, unless I will content to fuch things as, you must know, are alike inconfiftent with my bonour and duty. I must therefore difmifs you, and leave the unprejudiced world to judge, whether the inconveniencies, which this colony may experience, are to be afcribed to the faithful difcharge of my judicial functions, in the impartial adminiftration of justice to his majefty's

fubjects,