The Sun.
London, England, 1806-07-21 00:00:00

• - • • .1
tY .tlll-5&10`, tlfe LOttb CitAST'ett.t.ott olv.erved,:,fiv,e
,
qiestions were submitted to the Judges; and of the!
Ist questiciti of the 11 judges. 8 to' 3 were for the'
Kaintif; on the Second '7 to 4.; on tile:third to. 6;,
on the fourth 7tb 4 ; and on the fifth to 6.. (Lord.
Mansfield. did not ,speak, froM motives of delicacy,,
in support of his-own judl2,-me .
In cite replies:we have given to the propositions on
the part of the Defendants, we have stated the nega-
tive grounds on Which the injunction was snpPorted ;
the positive arguments were also adduced, and itwas
'said by the Learned Counsel for the Plaintiff,' that,
although 'the Star Chamber' Was destri,yeti,. and the
-Licensing Ad was abrogated, yet that some chdck
was preserved by -the prudence ate me ancestors:
Thus the Stalutes, which instal& the Public in the
Laws of Man; the Bible., whiclvinforms him of the
Laws of God, and even Lilly's Grammar, for the
correelness and purity of juvenile education, were in
the hands of the King's Printer. The corredluess of
the publication was more material. than. even publi-
city itself, and the Learned. Counsel, in one of the
concluding pages of this work, pointed out some er-
roneous paragraphs as to material fads. The oppol
sets of this injun&ion stood upon the liberty of the
press, and-upon subjects of general theory and popu-
lar declamation; none of which weree-referable to the
dry .question before the Cou'rt
'Mr. PERCIVAL, in rejoinder, observed, that it was
most singular; that the Sessinns at the Old -Bailey.
I should be set up as a rule for the House of Peers,
and that, because the Lord Mayor received lOoi. for
giving a seat to a short-hand-writer, tut argument
was to be supplied for this nomination, The Learned
Judges of Courts would now discover a•new source
,• of emolument, and sell the right of reporting in
their Courts : • and the Lord Chancellor:, himself.
might add -this scheme of, profit to the other advan-'
tages of his high station. If the Judges
,possessed
such a right of restriction, there must -ben duty corn-
; mensurate With this right, and instead-of being the,
most Ore and upright men, they would be the
• most criminally 'negligent, for the utter neglect of
this-duty, deemed 'to be so sacred and imporant..
The non-user WAS. conclusive of the non-exigence
of any such right. .The argument in-favour of
this exclusive right, founded on the .necessity of
,correelneSS; disappeared, when we attended to other
cases. Notlung could he of more consequence to
.the individual or Co the public, than what daily oc-
curred in the Newspapef, affecting the fortune, re,
putation, liberty, and life of the subject ; and yet no
restriEtions weru imposed ; the most free and un-
reserved communication was permitted of all that
passed in our judicial proceedings, from the Court of
Piepoudre to-the court coi-anz ipso rege, the:supreme
Court ot• Common Law in the kingdom, On all
the grounds stated, the Learned Coutisei trusted that
his Lordship would be of opinion, that an issue
ought to be direded, and that the Injunction should
not be granted.
The LORD CHANCELLOR said, it was impossible
to •distinguish this case from that of Bathurst v,
Kearsley, and he confessed, that if it had not been'
for the sanction of that precedent he should not have
ranted, in the first instance, the Injunction. He was
Counsel in the case of Bruce v. Bruce, which invoi v eds
a question-between :the King's English and Scottish
Printers, and in that case LordanoN granted an in-
junaion.; and the same had bee;:. decided by Sir Jo-
'SEP!! JEKYL, Master of the 1t(.9115, who granted an
injunttion until the hearing of the cause. If there
were any difficulty about the faCts, he would no,t go
even thus far, but every thing necessary was admitted
'in the affidavit of the Defendants. It' he Lords as-
sumed to be- the judges of their own privileges, it
should be remembered, that they were, assisted
'by per Sons who had filled theinost eminent
situations in the law, and who were afterwards placed
on the bench' for their distinguished talents. The
'liberty of the press, as it existed in England, would •
-not be tit all affeded by this decision; it was a quest
.ti,on on the privileges of the Lords; birt if it in the
•satillest degree infringed upon the other, no man
would be more jealous than he should be of such an
encroachment, as no man felt a', more profound re-
verence for its freedom; and no man Was more soli-
oitouslor its preservation. His- Lordship concluded
with • noticing 'all the cases in which the Lords had
assumed this right of appointment since the. lievolu-
tion, recititig, as lie proceeded, the very words
ern-
ployed in the cases of the Earl of Oxford, of the
• Ettrl of Macclesfield, Lord Lovat, Lord Ferrers, Lord
Byron, the Dttchess of Kingston, and Warren HaSt-
i, logs. s The injnaCtion .waS,then ordered until the
hearing of the cause. '•

COURT OF COMMON PLEAS, juLy t 9.

ITULLb V. BLYTIIE.

This was.an aaion to recover Gal. under ;the fol-
lowing Ciretunstances. 7 The Plaintiff, a farmer,
placed bills, to the amount of f 8 II: in the hands of
the Defendant, a linen-dealer in the City of London,
for, the purpose 'of getting them discounted. The
Defendant, not causing to advance ready money,
offered to give goods of the value of the bills, which
the Plaintiff agreed.to take, relying on the word of
the Defendant respeding the value of them. When
the goods were sold by audion soon after, they
proved to be worth no more than I.lsl. consequently
the Plaintiff lost the difference between the value of
the bills and the goods in, question.
MANSFIELD observed generally, that if
a trader sc,+.4 goods to a person ignorant of the value
of them, and they proved not worth the money
given, it was a gross he, however, left the
queStion with the Jury; to decide whether it was a
bona jide transaction ; intimating at the same time,
that it was not, like 'a bargain between two linen
dealers, who knew the value of the article :.it was
between a farmer, ignorant of the commodity,. and
a trader.—The Jury, without hesitation, found a ver-
di& for the PlaintE
This verdi& will'tend to the discontinuance of a
pradice prevalent amongst money-lenders, of "foist-
ing- orlon their necessitous clients articles of tiler-
Chandize freqUently not worth a tythe of their nomi—
nal value.

Saturday two, young women were committed
from the Public Office, Shadweli, for stealing
, quantity of curtains' and wearing apparel from a
1 public-house in that neighbourhood ; as were two
other women, for robbing a seaman of a sum of
money.