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11th Dec.

1770.

authorities which ferved as a bafis for his opinion. CHA P. But he had no fuch intention, nor was it requifite, XVIIL or even prudent for him to undertake the task: he delivered to the clerk of the House, for the information of the members, a copy of the unanimous opinion of the court of King's Bench in Woodfall's cafe; a paper drawn with great precifion, and containing in fmall compass the merits and the law. Lord Camden inquired if this paper was to be entered on the journals, but being answered in the negative, on the fol- 12th, lowing day attempted to renew the difcuffion. He confidered the paper left by Lord Mansfield as a direct challenge to him, and propofed fix interrogatories, which the chief-juftice very properly declined answering. After fome ineffectual endeavours to engage Lord Mansfield in a difcuffion of the question, it was left for the decifion of the courts of law: a motion 6th Mar afterward made in the Lower House, for leave to bring in a bill to ascertain the powers of juries in case of libels, was over-ruled i.

1771.

chisement

ONE of the most extraordinary fubjects which for Disfrana long time occupied the attention of Parliament, of New prefented itself this feffion. A petition was lodged Shoreham. against Hugh Roberts, the returning officer of New Shoreham, for returning a candidate with only thirtyseven votes, in prejudice of another who had eightyfeven, although he had queried feventy-fix of the number. In his defence the officer difclofed a fhocking and difgufting fcene of venality, perjury, and hypocrify. A majority of the freemen formed themfelves into an affociation, denominated the Chriftian Club: the pretended motives of their confederacy were piety and charity; the real purpose, corruption. They made a traffic of their oaths and confciences, offered the borough for fale to the highest bidder, and utterly precluded the other freemen from any beneficial

218 to 72. The motion was made by Mr. Dowdeswell, and a draft of the intended bill, forming the bafis of one afterward introduced by Mr. Fox, may be feen in Rivington's Annual Register for 1791, p. 138.

exercise

1771.

Gene

CHA P. exercise of their franchise. They were bound to XVIII. fecrecy and to each other by oaths, writings, and bonds with large penalties, and carried on their negotiations by means of a select committee, who, under pretence of fcruples of confcience, never voted at elections themselves; but having fold the borough, and received the ftipulated price, directed the fuffrages of the rest, relying on this complicated effort of fraud to prevent detection, and enjoy without remorfe the fruits of their dishonesty. At a late vacancy, occafioned by the death of Sir Stephen Cornifh, five candidates appeared for the borough, and a committee of five was appointed by the club to treat for the fale. ral Smith, one of the candidates, offered three thoufand pounds, and to build at Shoreham fix hundred tons of fhipping. Mr. Rumbolt offered thirty-five pounds a man, to all the freemen; his propofal was accepted, but his agent was directed not to take notice of voters who were not of the club. The returning officer who had been a member of this fociety, and was well acquainted with their measures, having taken umbrage at fome of their proceedings, determined to thwart and oppose them. He therefore obtained the opinion of counsel, and although the majority of voters took the oaths against bribery and corruption, he considered them disqualified, and made his return accordingly. As the felect committee appointed under Mr. Grenville's act, could not take proper cognizance of these flagitious tranfactions, they reported them to the Houfe, and Roberts was ordered to attend at the bar. His defence not appearing sufficient intirely to exculpate him, though his conduct was acknowledged to be founded on proper principles, he was reprimanded by the Speaker, and difcharged. The circumftances thus difclofed were afterward taken into confideration, evidence examined, and a bill brought in, by which, after several alterations, amendments, and debates, eighty-one freemen of Shoreham, named in the bill, were disfranchised,

ath Feb.

18th.

XVIII.

1771.

and rendered incapable of voting at any election of CHA P. members of Parliament, and the right of electing members for that borough extended to all the freeholders in the Rape of Bramber in the county of Suffex, who had tenements of the value of forty fhillings. This measure was by fome confidered too lenient, and proposals made utterly to disfranchise the borough, but the precedent was thought dangerous; others, on the contrary, were defirous to limit the punishment to the operations of law on the guilty individuals, but this was rejected, as affording, from the difficulty of obtaining legal evidence, a profpect of certain immunity *.

IN the courfe of the feffion, feveral attempts were made by the oppofition to introduce popular laws, and raise popular questions. A bill was brought into the Houfe of Commons for repealing a claufe in the Nullum Tempus act; it was read twice, but loft on the third reading by an inconfiderable majority'. The 27th Feb. Duke of Richmond moved the Houfe of Lords to reverse its refolution of not impeaching, directly or 30th Apriḥ indirectly, the judgment of the Houfe of Commons, in the Middlesex election; Lord Chatham moved for if May. an address, praying the King to diffolve the Parliament; and Alderman Sawbridge, in the Lower Houfe, made a motion to fhorten the duration of Parlia ments. All these efforts were unfuccefsful; but Alderman Sawbridge renewed his motion in every feffion till his death.

* Debates; Annual Register, 1771, p. 54; History of the Boroughs, &c. of Great Britain, vol. iii. p. 52; article Shoreham.

J 164 to 155.

CHAP.
XIX.

CHAPTER THE NINETEENTH:

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1771-1772.

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Difpute between the House of Commons and the city. — Publication of debates. - Colonel Onflow's complaint of a breach of privilege. Printers ordered to attend at the bar their contumacy-order for taking them in cuftody.-proclamation they are arrested and difcharged. Complaint against other printers their conduct. - Conduct of the minority. The messenger arrefted carried before the lordmayor-and holden to bail Proceedings in the House of Commons. Alderman Oliver and the lord-mayor committed to the Tower.Zeal of the populace. - Proceedings of the common council. - Addrefs of Wilkes in eluding the refentment of Parliament.-Committee appointed their report.Debates on the Durham Yard Bill. End of the feffion. City petition-the King's anfwer.-Divifions in the City party. Death of the Earl of Halifax - and confequent changes in adminiftration.- Meeting of Parliament.-Augmentation of naval establishment.-Petition for relief from fubfcription to the articles of religion motion to bring it in rejected. Church Nullum Tempus. Dr. Nowell's fermon on King Charles's martyrdom debates on expunging the vote of thanks to him. Motion for abrogating the observance of the thirtieth of January. -Efforts of the diffenters. Motion to repeal the teft laws. Bill paffes the Lower House -but is rejected by the Lords. - Marriage of the King's brothers. The King's message to Parliament. Royal

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marriage bill - paffes the Lords-proteft paffes the Com-
Clofe of the feffion. Strength of adminiftration. —
Misfortunes in the royal family. - Death of the Princess
Dowager of Wales. -Revolutions in Denmark.

THE difpofition to oppofe the proceedings of the legislature, which had long distinguished the city of London, ftill prevailed, and produced a contest between the Houfe of Commons and the lordthe Houfe mayor, which is curious in its progrefs, and memorable

1771. Difpute between

of Com

mons and

the city.

from the refult.

NOT

XIX.

1771.

publishing

NOTWITHSTANDING the known law and privilege CHA P. of parliament, the printers of certain newspapers were in the habit of detailing the debates of both Houses. These communications were highly gratify- Mode of ing to the public, and the fuccefs of a newspaper was Debates. principally dependent on the reports of parliamentary proceedings. But as all these papers were devoted to the purposes of party, little care was taken to impart a juft detail of the fpeeches, and they were frequently mifrepresented in a manner which could hardly be confidered accidental. The only effectual remedy for this grievance, was a general inforcement of the, fenatorial privilege: for if the House admitted the right of the printers to report correctly, and left to individuals the task of appealing to the courts of law against false statements, the proceeding would have been found circuitous, uncertain and dangerous. The other mode had been frequently followed; the printers were fummoned to the bar, and fined or reprimanded according to the nature of their demerits.

Colonel

of privilege,

In this feffion, Colonel George Onflow made a 9th Feb. complaint to the Houfe of Thompson and Wheble, Onflow's two publishers of newspapers, for misreprefenting the complaint fpeeches, and reflecting on feveral of the members. of a breach The obnoxious paffages being read by the clerk, Colonel Onflow moved that the printers fhould be brought to justice, for infringing the ftanding order. This practice, it was obferved, had attained an infamous height; members were represented to the world as uttering fentiments they never pronounced; and their characters were often by these means degraded in the opinions of their constituents. The practice had not prevailed in former times: even during the moft violent oppofition to Sir Robert Walpole, no tranfactions or fpeeches were publifhed, except during the intervals of parliament, and then only in a decent manner; and it was now abfolutely neceffary,

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