Chancery, King's-bench, Common Pleas, and Old Bailey, have all in their turns been crowded with orators in his favour. his office, if he had not presumed on the inte- "But as a correspondence of this nature was No. III. "Sir; having, in my former, laid before you those reasons which induced me to believe a correspondence between Bambridge and a certain great man, at whom I have already pointed; I now beg leave to add such facts, as have at any time come to my knowledge, and which seem to confirm it. First, Sir, give me leave to observe, that Bambridge, in regard to his expences in private life, has, since his imprisonment, been very much straitened; but where counsel, or any thing else that was necessary towards his defence, was wanting, money has not only been expended, but lavished. I lay the more stress on this, because in some respect, it falls within the circle of your own observance. When Mr. Bambridge attended last at the House of Commons, his counsel was pleased to say for him, that the present narrowness of his circumstances obliged him to appear with but one counsel; but since that fruitless negociation, in which through his arts I was so unlucky to become an agent, we have seen a very different turu. The Courts of "The lowness of his fortune at the time of bis coming to his office at the Fleet, is notorious to the world; and though I believe, as to getting of money, he can by no means be charged with being idle; yet, (if even the most extravagant calculation should be admitted) the shortness of his stay there could not but prevent his acquiring half that sum of money, which has been already expended in defence of these prosecutions; add to this, that his own crea tures have imprudence enough to mention this, as the strongest part of what they call a formidable interest, and that I myself have seen his clerk deliver a letter to that great man, in Westminster-hal); to which his lordship said, thank you, Sir, I am obliged to you, Sir, or, words to that purpose. "But that which has given me the strongest assurances, and 'such as I hope, will one day terminate in the clearest evidence, is the conversation I have had with one Mr. B. who is bimself perfectly intimate with Bambridge, and whose wife has given very extraordinary instances of her attachment to his interest. This gentleman, though he still owns the greatest friendship to him, yet has confessed to me, that to his own knowledge, Bambridge had it in his power to that great man, (that was his expression,) not only in respect to things done as to the office of the Fleet, but in other respects also; and that he was sorry Bambridge was not to be persuaded to give him up to justice, which might be a means, not only of saving himself, but would also make some atonement for his faults. He promised me also to make so strict an enquiry into this affair, as to furnish me with a clue, by which might be unravelled thiswhole work of darkness. For this purpose I was to have met on Friday, but something having intervened, he has put it off till Tuesday next, till when I should have delayed this letter, but that I was impatient of giving you some further proof of that sincerity with which, I am, Sir, your faithful and devoted humble servant." "Nov. 13, 1729." N° IV. "Sir;-Mr. Harbin having acquainted me," that he intended to make you a visit, I was unwilling he should go without carrying with him this, as a mark of my duty, and respect, especially so remarkable an event (I speak with regard to the prosecution) as the acquittal of Mr. Bambridge having happened since your going down into the country. I do not pretend, Sir, to give you an exact detail of that extraordinary affair, the public prints having doubtless, and probably a manuscript copy of his trial, may long ere now have reached your hands; all I shall endeavour, will be by a short observation or two upon it, to give you some light into the means by which that unexpected event was brought about.. "It is agreed, on all hands, that a legal distress for rent is a very innocent as well as a lawful action; but if, under colour of such distress a person comes, and, with a felonious intent, steals and carries away goods, the pretence of a distress will be so far from extenuating, that it will heighten the offence, since it is done in fraudem legis; and the law, which is intended to preserve and to protect the property of the subject, is thereby made a means to destroy it. "A felonious intent is only to be proved from the actions of him who commits the fact; and that such an intention actuated Mr. Bambridge in this extraordinary seizure, is pretty apparent, from the two following circumstances which attend it. "Turner, the person employed by Mr. Bambridge as an appraiser (though a prisoner and a creature of his own), yet thought fit humbly to represent to him, that he had never seen necessary wearing apparel distrained before (as indeed by law it cannot); upon which Mr. Bambridge ordered him, in taking the inventory, instead of setting down a gown and petticoat, as the thing really was, to set down silk sufficient for a gown and petticoat; and made use, in several instances, of the same artifice : A thing in itself so plain and flagrant, that even Mr. Bambridge could not find out an evasion; but in that he was kindly helped out by the bench; from whence in summing up the evidence, it was declared that the appraiser's was only an idle objection, to which Mr. Bambridge gave way, merely because he would have nothing left out of the inventory. "The other was this: It was fully proved, that Mr. Bambridge carried away four rings in his pocket, though but one is mentioned in the inventory, and that too is called a crystal, though it was indeed an amethyst. To us, who were spectators, this appeared to have a very great weight; but it seems it appeared in a very different light to the gentleman who tried him, since it escaped both his memory and his notes. "Having twice mentioned that gentleman, I cannot help doing him justice, on this occasion, by observing, that (however in other respects his enemies may asperse his character) there is one part of the judge, in which I believe no man ever came up to him; I mean, in being counsel for the prisoner. I am afraid I have been already too prolix, and will therefore lengthen this letter no further, than to assure you, Sir, of my being, with the utmost deference and respect, your obedient and devoted humble servant." "Dec. 20, 1729." N° V. "Dear Frank ;-I find that Mr. Bambridge, however unlikely he is in succeeding, will undoubtedly move the Court of King's bench for judgment and damages upon the writ of appeal; and hopes great advantages from the favour of the gentleman who tried him, on the first indictment, for the murder. I do not find, from Codnor, that he has any affi davits to support this motion; or at least, if he has any, he has not trusted him with them: However, am to see Codnor this evening; and if any thing material should occur, shall leave a line, so that you may have it very early in the morning. I find he and all his party are very alert at present; and are so far from being apprehensive, from the present tem per of the House of Commons, that they, on all occasions, treat the late Committee with the utmost insolence and contempt. However, as there is little likelihood that his assurance will be able to defeat the united endeavours of those gentlemen for the relief of the unhappy, I please myself with hoping that all will at last go right,—I am, yours, &c. "Feb. 2, 1729-30." "To Mr. Harbin." N°. VI. "Sir; Mr. Harbin having informed me, that you have been so good as to enquire after me, I thought it necessary for me to excuse myself for not attending you, by acquainting you with the reason; which is, that my being seen at the Horse-guards, as things stand at present, might be some hindrance to my entering into the knowledge of some things, about which it is at present my duty to enquire. "There is another motive which induced me to give you this trouble; and that is, that you would be so good as to mention it to the chairman, that as my time (the only thing va luable that is left me in my misfortunes) is almost wholly taken up in endeavouring to do service to the present enquiry; and as it has involved me in the hatred of a party of the worst of men, who let slip no opportunity of making me uneasy; I hope it may not be thought unreasonable to give some directions for my receiving a moderate subsistence. 66 "I confess Mr. Harbin has been, in this re spect, very kind; but as I have been hitherto unused to ask any body for every shilling and sixpence that is necessary to be laid out, I conceive it would be for both our advantages to have it put into another channel, "Before my engaging in this affair, I confess, I used sometimes to prepare some little labours for the press; but as these are the em ployments of a mind at case, in my present circumstances, it is no way in my power to com pose them. As this is a subject on which I should never have prevailed on myself to speak, and on which I write with the greatest reluc tancy, I hope you will forgive this trouble from your obliged and obedient servant." Thursday Morning." The Committee thought it their duty to examine strictly into an aflair of so extraordinary a nature, when several persons appeared before them, and endeavoured to make good their several informations. Which persons, having been examined be said Thomas Bambridge did send a letter to the said Lord Chief Justice for money; and that, in consequence thereof, he received one hun dred guineas. fore the Committee in the most solemn manner, relating to the foregoing charge, grossly prevaricated in their examinations, contradicted one another in several material circumstances, and, as to the facts, were falsified by persons to whom they referred for the truth of what they had declared. It likewise appeared to the Committee, that divers of the said persons were prisoners in Newgate, or the Fleet; some of them of vile and infa mous characters; others actuated by a spirit of resentment, on account of causes determined against them before the said Lord Chief Justice; and all of them tampered with, and influenced. It further appeared to the Committee, that several of the said persons had had meetings and consultations amongst themselves; and had been guilty of divers evil practices, in order to set on foot and support the said charge against the said Lord Chief Justice, and the matters contained in their said informations. After the Committee had spent several days upon the said enquiry, and had examined all the witnesses that appeared before them, the principal persons concerned in the conspiracy having reason to apprehend, that the evidence given by them to support the said charge, would not be sufficient to impose upon the Committee, and to obtain credit to the said informations, did consult with a person to fix a new charge upon the said Lord Chief Justice, not mentioned before in any of their examinations, by giving evidence of certain circumstances, to induce a belief, that about three days before the time appointed for the trial of the said Thomas Bambridge for felony, in the last long vacation, the Whereupon the Committee thought fit to reexamine the said principal persons, who before had been examined as to the former charge, who were not able to give the least colour of evidence to support the said new charge, and were flatly contradicted by the evidence to whom they referred; and on their examinations the Committee, being convinced that the said new charge was only a continuation of the former conspiracy, on considering the whole matter came to the following Resolutions: Resolved, That it appears to the Committee, That there hath been a wicked conspiracy carried on by certain infamous and profligate persons, to vilify and asperse the character of the right honourable sir Robert Eyre, knight, Lord Chief Justice of his majesty's court of Common Pleas ; Resolved, That it appears to this Committee, That the informations given to this Committee against the said Lord Chief Justice Eyre, are false, malicious, scandalous, and utterly groundless." Then resolved, That Roger Johnson, and a great number of low, ordinary people (there named), were the persons concerned in the said conspiracy.-To which the House agreed. Thus this great man had justice done him, in as honourable a manner as possibly could be, and was cleared of so scandalous and infamous a charge. Former Edition. 489. The Trial* of Mr. RICHARD FRANCKLIN,† for printing and publishing "A Letter from the Hague," in the Country, Journal, or Craftsman, of Saturday, the 2d of January, 1731, at the Sittings of the Court of King's-Bench, Westminster, on Friday, December the 3d, before the Right Hon. Lord Chief-Justice Raymond: 5 GEORGE II. A. D. 1731. JURY. Tho. Milner, esq. Wm. Tilliard, esq. Tho. Moore, esq. Philip Baker, esq. Joshua Jackson, esq. William Turner, esq. John Wilson, esq. Mr. Parker. My lord, in this cause, his majesty is plaintiff, and Richard Francklin, “Taken down in short hand, and transcribed into long hand, by Mr. J. Weston."Former Edition. + See Fitz-Gib. 5. defendant. The information sets forth, that before the demise of the late king, divers dif ferences and controversies arose between his said late majesty and divers princes and foreign states, being his allies, and the king of Spain, concerning the public safety and commerce of this kingdom, and the peace and tranquillity of Europe; and that, pending such differences, to wit, the 30th September, 1725, a certain treaty, betwixt the said late king, Lewis the following passage in Boyer's Political State of Europe: "July 12. 1731, was to have come on the trial of Mr. Francklin, the bookseller, for printThat great anxiety was excited by the pro-ing the Craftsman of the 22nd of Jan. last. A secution of Francklin, may be inferred from the VOL. XVII. vast crowd of spectators of all ranks and condi 2 S French king, and the king of Prussia, was concluded and made at Hanover; and that afterwards, to wit, the 9th of November, 1729, in order to compromise such differences, and to establish peace in Europe, a certain treaty of peace, union, amity, and mutual defence, was concluded and made, betwixt his majesty king George the 2nd, and the said Lewis the French king, and Philip king of tions, were gathered about the court to hear the said trial, and the court was crowded with noblemen and gentlemen, particularly my lord Winchelsea, my lord Bathurst, Mr. Pulteney, sir William Wyndham, sir William Young, &c. but when the jury came to be called, there were but 11 of the 24 appeared; whereupon some debates ensued about adding one to the jury, or calling a new jury; [See Perry and Lambert's Case, A. D. 1793.] at last the trial was put off till next term. It was remarkable that Mr. Pulteney, who is presumed to be one of the patrons of that weekly paper, was loudly huzza'd by the populace as he went out of Westminster-hall. Which shews the fondness of the people of England for the liberty of the press.' ་ The prosecution gave rise to much controversy in the periodical publications of the time, and in occasional pamphlets. The publications of Francklin on other occasions involved him in troubles. In the year 1729, he was tried for publishing "The Alcayde of Seville's Speech" but upon that trial he was acquitted. In the Commons' Journal of February 18, 1722-3, is the following entry: Spain, at the city of Seville, in the said kingdom of Spain. The information also sets forth that Richard Francklin, well knowing the premisses, but being a malicious, seditious, and ill-disposed person, and a perpetual and diligent publisher and seller of seditious and scandalous libels, and disaffected to his present majesty and his government; and wickedly, maliciously, and seditiously contriving and intending to disturb and disquiet the happy state of the public peace and tranquillity of this kingdom; and to bring his present majesty's treaty of peace (which, with great affection towards his subjects, and for the advantage of this kingdom, was concluded) into contempt and disgrace among all his liege subjects of this kingdom; and also to detract, scandalize, traduce, and vilify the administration of his present majesty's government of this kingdom, and his principal officers and ministers of state; and to represent his said officers and ministers of state as persons of no integrity and ability, and as enemies to the public good of this kingdom; and to cause it to be believed, that his said present majesty, by the advice of his said principal officers and ministers, intended to break and violate the said treaty last mentioned; and thereby to raise and sow dif. ferences and discords betwixt his said present majesty and the said French king, and king of Spain; and also to spread false news and rumours concerning the state of the public affairs ofthis kingdom; and to bring his said present majesty and his administration of the government of his said liege subjects, on the 2d of January, of this kingdom, into suspicion and ill opinion in the 4th year of his present majesty's reign, at the parish of St. Paul's, Covent-garden, in the county of Middlesex, a certain false, scandalous, and seditious libel, fintitled, No. 235, The Country-Journal; or, the Craftsman. By Caleb D'Anvers, of Gray's-inn, esq. Sa. turday, January 2d, 1730,] wickedly and maliciously did print and publish, and caused to be printed and published. In which libel, of and concerning his said present majesty king George the 2nd, now king of Great-Britain, &c. and his administration of the government of this kingdom, and state of the public affairs of this kingdom; and of and concerning his said principal officers and ministers of state; and of and concerning the said treaty, made book-betwixt his said present majesty and the said French king, and the said king of Spain; and also of and concerning the said French king, the said king of Spain, and the most serene prince Charles, emperor of Germany; are contained (among other things) divers false, feigned, scandalous, seditious, and malicious matters, according to the tenor following, to wit; "Extract of a private letter from the Hague. A rumour hath been for some time privately spread about, and begins to gain credit here, that a misunderstanding will soon discover itself between the allies of Seville;" (meaning his said present majesty, the said French king, and the said king of Spain) "and "Mr. Yonge, from the Committee appointed to enquire into the printer and publishers of the printed pamphlet, entitled, The Report of the Committee appointed to examine into the Project, commonly called the Harburg Lottery,' acquainted the House, That Richard Francklin, bookseller, in Fleet-street, who, in his examination before the said Committee on Saturday last, had owned, that the said Report was printed by his direction, having been since summoned to attend the said Committee, in order to his being further examined this morning, had sent a letter to the chairman of the said Committee, acquainting him, that he would not obey the said summons. "Resolved, That Richard Francklin, seller, having refused, when duly summoned, to attend a Committee of this House, is guilty of a notorious contempt of the authority, and of a breach of the privilege of this House. "Ordered, That the said Richard Francklin be, for his said contempt, and breach of privilege, taken into the custody of the serjeant at arms attending this House." From what occurs in the Journal, I conjecture that this Richard Francklin was accordingly taken into custody on or before the 23rd of the month, and that he remained in such custody until the parliament was prorogued on the 27th of May following. immediate effect of this resentment may be the interruption of trade and the seizure of that vast pledge, which Spain hath at this time in her hands; so that the only pretended good effect of their former conduct, may be absolutely defeated by their present scheme. Another necessary effect (for so I think 1 may call it) of such a measure, at present, will be a conjunction of France and Spain; and a certain court may have the mortification to see those two crowns united against them more strongly than ever, by their extraordinary management, after they have spent so many millions to prevent it. I am far from designing to insinuate from hence, that an accommodation with the emperor is a wrong measure: On the contrary, I wish it had been thought a right measure long ago. My own intention is to shew how difficult, in my apprehension, the conduct of some ministers hath rendered it to their country, as well as dishonourable to themselves, by carrying along with it the severest censure of their own conduct, and the strongest justification of their adversaries, against all the aspersions which have been cast upon them." In contempt of his said present majesty, and his laws; and to the great disgrace, scandal, and infamy of his said present majesty, and his administration of the government of this kingdom; to the disturbance of the public peace and tranquillity of this kingdom; to the evil example of all others, offending in the like case; and against the peace of our said lord the king, his crown and dignity. that certain ministers" (meaning the said principal officers and ministers of his said majesty, employed and intrusted in the difficult affairs of state) "having at length found out, that too close an union with France, and a war upon the foot of the treaty of Seville, is quite against the grain of the people, are endeavouring to bring about an accommodation with the emperor, and to undo every thing they have been doing for these five years past. If this should prove true, it will certainly redound very much to the honour of those gentlemen, who have so vigorously opposed the late measures; and the ministers, who have not only concerted and pursued these measures, but loaded all opposition to them with the foulest imputations, will be obliged to take a great deal of shame to themselves; for what can be a stronger condemnation of their own past conduct, or the conduct of those whom they have employed to write in their cause, than to see them wheel about all on a sudden, and pursue measures directly opposite, which have been pointed out to them, for several years together, by their adversaries; and for which they have represented those gentlemen, in the most opprobrious colours, as factious incendiaries, Germanized patriots, and enemies to their country? What can be more ridiculous than to see them desert one ally, whose good faith, sincerity, and even cordiality of friendship, they have so often extolled, and at last run into the arms of another, whom they have so industriously set forth as the most dishonourable, ungrateful, and perfidious prince? They must have altered their opinion of this prince very much (if this report Attorney General. (Sir Philip Yorke.) My is true), and seem to rely upon his good- lord, and gentlemen of the jury, I am counsel nature, putting themselves thus absolutely in for the king. This is a prosecution against the his power; for if he should refuse to deal with defendant, Mr. Francklin, for printing and pubthem, after the usage he hath received they will lishing a scandalous and seditious libel; an be broke with all the courts of Europe; and offence (however it hath been treated of late he cannot be insensible of their perfidy to days) which the law considers as a very heinothers, at the same time that he is treating ous crime, as it tends to disturb the peace of with them. How will they be able to justify the kingdom, and to bring into contempt the those vast expences which they have already king's administration of the government; and brought upon their country, by an obstinate as it tends to create great jealousy and dissatisperseverance in other measures, till the last faction in the minds of his majesty's subjects extremity, as well as those farther expences against his government; and, indeed, this is and hazards, in which such a precipitate alte- the use you find made of it. The present libel, ration of counsels, in the present circumstances for and upon which the defendant is to be tried, of Europe, will certainly involve it? For will appear to be a libel of that nature, and atthough the measure, which is now said to be tended with the most aggravating circumsecretly carrying on, was certainly the most stances of any ever yet published. eligible, whilst they remained unembarrassed with engagements of another kind; and though it must be confessed to he very desirable at present; yet it seems to be attended with very fatal consequences, and almost insuperable difficulties. The people, of whom I'am speaking, had their hands at liberty five years ago, and might have entered into what measures they pleased with the emperor, without giving umbrage, or any just reason of complaint, to other courts; but at present they cannot do it, without an infraction of solemn treaties, and drawing upon their country the resentments which usually attend violations of faith. One To explain the nature of this prosecution and libel, and to shew the connexion and tendency thereof, it is necessary to open a little to you the several parts of it, in order to apply it to the description of the persons and things spoken of. It is described to be a libel concerning his present majesty, and bis majesty's government of the kingdom, and concerning the public affairs thereof, and concerning his ministers; and it is expressed to relate to a treaty concluded betwixt his present majesty, and the French king, and the king of Spain, at Seville, in November, 1729. The liberty that the defendant, Mr. Francklin, has taken is |