Star.
London, England, 1806-07-21 00:00:00

GOTTENBURGH MAIL.

Gory atia ttana, JULY t I.—The hopes we en-
tzrtained, a Ihort time (ince, of a fpeedy accommo•
dation between this country and Praia, fcems,for—tre
prefect, to have coughed, in confecmence of fame new
mifundes Randing. The Swcdilh army in Pornernia

has taken a new pelf/lion, and' tht Pim(Van army has
again received orders to marelrthither.
The order lately iffued at Madrid for (hutting the
Spanifh ports againß all Swedifh (hips, has made a
great fenfation among the merchants here, on account
of the fcarcity it will occaflon in the article of falt,
which is fo neeeffary for the cure of herrings, and
which they have been in the habit of receiving chiefly
from Spain.

FRENCH AND DUTCH JOURNALS.
Since our Olt we hive received the former to the
loth, and the latter to the tsth init.
_ _

They contain two articles of intelligence of con&
derable importance ; the arrival of M. d'Ousaix at
Park on the 6th inaaat, and the failing of the Ai6
trians from Trielle, to.take poffelEpa of Cattare.—
The ollenfible objea of M. d'Ousates miffion i' to
negotiate an exchange of prifoners ; but a rumour
prevailed at Patio, that he was alto authoriful to
make overtures Tee,* negociatioa. The fame opinion
we find was entertained at Vienna. •

• I •

NAUTICAL INTELLIGENCIL,,.

MAILS THIS,DAY.—Wind S.W.
teas. ass. SUL •;.;
Dublin s s Gotteoborik & ,
Waterford •• I • s liushask $ •
FALMOUTH, JOLT 18.—Arrived this day the Priet;.
cefa Charlotte packet, Kama, in 46 days from. Ja.
maica ; no news nor 'stiffeners I no packet had ar-
rived out:• on the t4th.infts arrived here the brig Peel..
Captain Maims, front Demerara, in St days :.•
fpokt in.bt. 33. Notthi king: 53. 53. Well; the brig,.
Apollo, Guar, from Liverpool; all well. Sailed
the Prince of Wales packet. Tony: with mails of the
Bth and isth inn. for Lifbon; andeornavallis packets. - 4
ANTUONY, with Mails of the =for Gibraltas
and Malta. The outward bound Lifbon, Oporto;and-
Mediterranean fleets, are mated to fail to-morrow. '
Wind N, W. - • • • •
Perteoltra, Jamie 19.—. Came in the Pro an gal.
Hut johannah, Captain B , from Rochelle,
bound to London, laden with brandy, cut out from
under the protection of a fort OR the coati of France
by the P , of 52 paws t Betfey privateer, from
a cruise I Dana Blip Catherine, Captain Gam.
from Leghorn, bound to Tonningeni laden with
marble, taimflone, &c. detained by the Bette, Pri-
vateer.—Sailed the Nova Matilda, Fiats, for Lit
bon, and the Diligente. Dasoasa, for Amfterdam,
Poaysnonyn, jury ;o.—Arrived the Milford Eaft.
Indiaman from the Downs. Sailed the Awr fehoonee
with a fleet of tranfports tinder convoy to the salt-
ward. •Wind S W.
YAIMOUTN, JULY so.—This morning Admiral '
Russet, with his fquadron, anchored in thee roads •
from a cruise off the Tezel. Sailed the Lavoie":
(loop of war on a cruise, and the Abraham Newland 912.'
Eall Ineiaman for London, in ballaft. Wind W.
Doyle, juzY t9.—Upwards of two hundred* pall
feagers Landed here !aft night from the 'Ulf India
fhips. Pallid by this afternoon from the Dbwni s
large convoy bound to the Weftward.
JULY so.—:Sailed this morning the gal lots julfrow
Catharine. Captain HsiNsz,of and for Bremen, with
a cargo of wine. • Came in this afternoon the- Danil
(hip Marta and Losife, of and for Copenhagen, with
a cargo of fugar and nun, from St. Thomas's de-
tained bg the intelligent gun bri. A convoy is' now
in fight to the weftward, bound for the Downs. Wind
S. W. and moderate.
Dem., JULY ssi —Arrived the Tarmaknous, of
and'HINOOSTAN, of solving, from the Eat Indies,
having under theii convoy the Admiral Gardner,
Surry, Lord Duncan, Walpole, Ceylon, Earl Cam-
den. Devonthire, Metcalfe, City of London, Charl-
ton, and Lady Cafilereagh Lift India flips t the
SurrY, Charlton, and city of London, failed dun?
PT the River ithe others remain.' Arrived the Moe-
over; (loop. of war ; Frew, Aacwsa, and Patirsa deN
gun Wit, from a cruise off Boulogne; the Tire. 41-
says, of 74 guns, from the Nore, and the Pam-
mms bri, freighted with' naval (lore' fro, ford.—SailedDept-
if* Yams!. frigate, Tireasama and
Baurzia gun brigs on a cruise off Boulogne, the
Vssuvrtialcunb, having under her convoy the Sir
Stephen Loftrington Eaft India (hip, and Providence
brig. alto a large *et of Merchant flips for Portf-
mouth.
Jots so.-. Arrived the ConsaTfuty Dorm of war,
BLOODNOUlll4Busrmiand Mow air gun brigs, from
a crize. Sanest the Aeolis and PlLtlll gun brigs,
on a eruize, the THMUS. of 74 guns, for Falmouth,
TILIMINDOUS of y 4, and HINDOITAW, of 50 .
for the Note the Admiral Gardner, I,nrd Duncan;
' Walpole, Ceylon Earl Camden, Devonfhire, Met-
calfe, and Lady Cattlereagh EaR India fkips, for
the River : alto, failed through the Downs yenerday,
the Remittance, Law, for New York, and the Pa-
ramatra, GLaea, for New South Wales. Wind S.W.
ELSIN &Wit, JULY s.—His Majelty's flip Drzrover,
Capt. TIDY, arrived here on the 28th ult. from Eng-
land, after a mot tempeituous paltige, with twenty.
eight fail of fhips under her convoy, who have all
paired the Sound. The fhips of war belonging to
his Majefty, detained in the Sound by the welterly
winds, are, the Diligent, Copt. Tiny, Hebe, Julia,
Elsetra, Norfolk, Spy, Railleur, Alert, Charles
armed brig, and Lucifer; alto about one hundred
fail of merchant (hips, for the diCet cut ports of Eng.
land and Scotland.

STOCKHOLM, Jose r7.—From FAhrfund, in I§l'sr-
way, we learn, that an aelion took place, on the 7th,
near that port, between an Englifh frigate aosl two
-French privateers, one of which was captured. There
are two more French privateers upon the coati.

Yellerday, Mr. Snaw, the Mellinger, arrived in
town, with difpatches from the Continent. He reached
Harwich early in the morning, and immediately pro-
ceeded to town.
Sunday fe'nnight an alarming dilurbance took
place at Armagh, between feveral foldiers of the
Lime, ick Militia And tome individuals wearing orange
colours in that town, in which many of the latter were
feverely hart.
All the remaining prifnners in Ell mainham jail,
XI oar hats been h• -1- r coargew.

LAW' INTILL WIN=

Fr— war ov eicAucts.y. MY se.
ovals eir O. LIMIGNIAII Ale OVUM. .
The Plaintiff is a fitorthend writer. the Defendants
mu hoolifellers. This was an application to the Court
to obtain an injonaion to prevent the fele of a certain
work. entitled. " The Trial of Henry Lord Vitconnt
Melville," on the ground that the line, of Lords
bad prohibited every perfon frost publifking the trial
excepting their appointee, who was the Plaintiff in
this proceadmg.
Meets. Peactwat, Touscangos.and LIACII, were
beard mina the injunaioo. Tim Armin sr and
SOLICITOI 6 , and Mr. Hotta. in fupport
of it s and Mr. PRICIVAL again is rejoinder.
It is inipellSbis. in the narrow limits to which we
are Olodsolls to glee in detail the particulars of this
learned argetarase, which occupied the whole day;
we GA abeam content ourfelves with [toting the
Awe
The OM made for the Defendanto, with the
Wheel to dims for the Plaintiff, are the following :
laphasam. t.—No injunaion can be ranted until
aaeutide to the publication is thews io the Plain-
:o awl title can be !hewn. If an Wm were
as the tight of the Plaintiff, and furls tight
more famed hhe verdia, the injuoaion might go.
!Waif—The relent is not a quellion of fan, but
'flaw. and. therefore there is nothing to be tried by
a jar,. All the faas peccary to the purpofe of the
Monition are admitted in the affidavit of the Defen.
dents. If an 'foe were to be tried before the injunc-
tion was granted. all the object of the authority of
the Court. by a funsmary interpoation mull be 1011.
wieltfew& 2.—lf the Honfe of Lord, can give this
right of publication. it is either founded on
thiarigiss of Courts ilk general, or as the peculiar
ttairof the hereditary breath of Legillature.
slatter. in a Court of Squirt an prodieodint
can be bad to roteafueli privileges: the Lordshave
gbe aseentor goal*. tbolr own lammities. and
will not permit the Courts be/ow to Mammals
likelf—Tbe iaterfereoce of ths.Cis smeary
Is *,oveninjulliee.:becaufe. W di, t‘e of Lords
Were to. order the Defendants to be iwthifoned for
contempt; their canaptisent would give ;so reds&
to the .Plaintiff. Tbi cafe of &there o. readies
Thews that the Court will interfere where die pri4i-
leges.of Parliament are ienotedieeely commie&
4/rams/ 3.—Th. Hoofs of 1.-rtla he. anima°.
pity to refrain this publics-dote of the trial after Jodie,
*tent given, any more data nay Aker Coon has tb
Tartan the publication of it. pent:today 1 and the
sweat of the etereilt of this power of retioition
rice die *cession" is a proof that ts not legal.
Plakte.—The right to raftraitt. fuck publication is
set peculiar to the Linde of Lords. It has, been ex
Minted daring a century. even at the Scions hew in
the Old Bailey, Where the Lord Mayor, for a ions
period, received tool. from his noinineei fee the ea.
clnfive privilege or_publifiling the Salons Paper, in
tehfch the pram Plaintiff sill hinsfelf concerned.
D'Oodsaii, 4..--The Hattie of Lords has no pro-
perty in cheerio' ; and having no property, they can
wino nom two the Plaintiff.
PlOkof.—lt is not pretended that the ,Houfs of
Lords has any fuch property, nor is this property at
all nitheraty to hpport the mtclofive right of the no-
mine*.
Dladastir. ~.,•-The Plaintiff has a complete re;
wedy in a Court Of Lair; and in fuch a cafe a Court
of Equity will not inheeiffitily interpore, by injunc-
tive.,
La*;
redrefs would not, be ranted in •
Court of as a Jury would only give damages 1
to the Plaintiff to.the extent of the profits arifing to
the Defehdints from the publication. In law no
compessfation. would be made to the Plaintiff for the
loft foßained by him, by this premature gratification
bf public curiofity. and the confequent diminution of
the file of his brorL
..fleadaw, 6.—The, detriment roiling from this
power of the Lordswould be; tint in bad times, they
Might nominate .a peon who would coif-Rate the
teftinstiny osp which the accufed was emsitifted or se.
quitted, gad thus the. inoti hiwititst might be eon-
'', deemed, and the *poll profligate might be declared
' guilders and the public taiga is total tisanes of
The proceeding&
Plow—The Cwslitationbss thobitin It to i.e.
fide this power of woninatloo to the Berens Court
of the kingdom, judging it to be more fife w tetra
this power in fuch hawk, than On ftich raimi flea;
Cans to incur the rifkofiaecesuracy booths •itfraary
Channels of publication.
Deouiews. y..—The LW& ate trot Woad to norm.
mate, and no appointment was made in the cafe of
liaßings—if they do nominate. the appointee is under
so obligation to publifh, and if be do not§ no account
of there grave proceedings would appear it all.
Ploestif. —I( the Lords do not sommate, the pub.
licatioo is open to all the world. If they do nominste '
and the appointee do not employ due and reafonable
diligeoce, others may difclofe the proceedings with
impunity, fo that in neither cafe the information
would be withheld from the public.
Defoulinin, B.—The right of nomination in fuch a
safe would be more fate in the hands of the King
than of the Lords, becaufe the Sovereign of the State li
pay, by his Minifter, be made refponfible for milino-
it.' duff. when the Lords cannot, becaufe they are the
ultimate judges of their own privileges.
. Plairstj.—The queftion is here, what is the confli.
alon of this High Court of Parliament, and n
et how
that cnflitution may
t[t;be improved, by any ratio.
,-
lions on its acknowledged immunities.
queftions, and the cafes
Such were the principal
Vete thefe—Bathurft and Kearfley, on
relied upon
the publication of the Trial of the Duchefs of King&
argued in 5755 by Lord
ton; Manby and Owen,
Mansfield, then Attorney General ; Currey and We-
lter, in the Bth term reports, in which Mr. Juftice
Lawrence expatiated on the great importancfe !sf
giving publicity to judicial proceedings
Carter 89, refpeaing Rojrs Abridgement,a aenadetre
and Miller, 4 Burr,
great literary caufe of
Taylorkoown to have been an
laet3oio3; 3611jefpwahfsicohn is
wellthecafe for publifhing Thom-
fon's Seafons, whereby the Plaintiff was deprived
d of
tltc tale of one thoufand copies of the f
lot work, of
which he claimed to be the true and on yf proprietor.
On this cafe, the Loki) CHANCILLOt ob erred, that
eve queftions were fubmiitted to the Judges, and on
the fira queltion, of the c cven Judgdes,feightttoftohurree
v ere for the Plaintiff lon the (coon , even o ;

. .
• .. . . .
•
no tho third. fire to Ell !It 'at fourth, ("la i°
fours and on the filth, Liebe fut. (Lord Mansfield,
from motives of delicacy, did not fpeak in rapport
of his own judgment.) • . •
• In the replies we have gives to the propofitiontos
the part of the Defendants, we have Rated thee&
(pities grounds on which the iojonition was rapport-
ed i the pofitiee argument' were RHO adduced, and
it was kid by the Learned Coonfel for the Plaintiff,
that, although the Star Chamber was dellroyed, and
-the licenfing Attswere abrogated, yet that force check
was refereed by the prudence of our saveflors. Thus
the Rennes which inarna the public in the laws of
men, the Bible, which informs him of the laws. of
God, and even Lilly's Grammar, for the einnettnefs
and purity of juvenile education, wets in the hands
of the King's Printer. The-corral:Hifi of the pobli.
cation was more material than even publicity aid,
and the Learned Counfel, in use of the concluding
pages of Longman'e account of the Trial, pointed
out force erroneous paragraphs as to material fatts. 1
The oppofers of this injondion Rood upon the liberty
of the prefs. and upon fubjelts of general theory and
popular declamation, none of .erlnch were referable
to the dry nueftiow before the Court. " • •
Mr. Peacseas, in rejoinder, obferved, that jut was
moil Singular that the Ileennis at the Old Bailey
Should be Set tip as a rule for the Houle of Peers,and
that becaufe the Lord Mayor reteived tool. for giv-
ing a feat to a %nit-band writer an argument was to
be fupplied for this nomination. The learned Judges
of Cocas would now difeweer a new fennel of eraolo.
mere, and felt the right of reporting In their Court*,
and the Lord Chancellor hernial( might add this
Scheme of profit to the other advantages of his high
Ration. If the Judges priffeffed fuck a tight of re-
Rritlion; there moil be a duty comonenfurate with
this right, and inflead of being the mai pure end
ight-men, they would be the mon criminally ne.
agr
gent for the utter neglett of this duty, deemed to
fl acted and important. The non lifer was ion-
citifies on the non•esillence of any loch right. The
argument in favour of this exclufive right, founded
op the necegty of correanefs, difappeared, when we
attended to other cafes. Nothing could be of more
confequence to the individual or to the public, than
what daily occurred in the Neerfpaipits, affecting the
fortgie, reputation, liberty, and life of the Cubic& ;
and yet no restriftions wife impofed ; the molt free
and aareferved communication was permitted of all
that rated in our judicial proceedings, from the
Court of Pi#ami to the Court mewl ip/i me, the
copious Com t of Common Law in the kingdom,—
On all the grounds Rated, the Learited C,ounfel trail-
ed that his Lordibip would be of opinion. that an
Me to a jury ought to be direfted, and that the
injunttiop 'kohl of be granted.
The LORD CHAPCOLLot—u This cite tias been fo
very learnedly and well argued,.that I feel it would
be better for woe to give 'my opinion under the insole-
diate intpreffion which I have derived from thofe ar-
guments, than by liking Any further time to confider
of the fubjett, by which thofe irnpreffions might be
diminifited or removed. I !hook' hare thought my-
felf kw:curable, notwithßanding the authority of the
Hoofs of Lords, end notwithßanding that the Order.
of that Houle was followed by it proceeding which
iffuesi from me, carrying into ace the Order of that.
Body of which I am a Member—notwithaanding that
they had a right to do what they have done, I thonld
hare thought myfelf inexcifable, if I had granted this
injunaion without hearing the arguments which I
have had the advantage of hearing this day ; and, I
confers, I feel fo Brongly the force df what fell from
Mr. Percival In opening this cafe, and what he has,
with great propriety, iofifled upon in his reply, that
tut for the cafe of &thorn and Kearfley, which it is
ibfolately inipolfible to dißingnith from this cafe, I
iliould not, with all my reverence for the Houk of
Lords, have been difprafed to grant this injunCtion ;
beet's& it certainly is not enough to fay that this
Court has been in the habit of granting injunctions
of this kind, and thit this power has been in the ha-
bil of being esercifed, for me to grant this injunßion,
unlefs I had fosse guide . to dirett my judgment ;
and In the judgment I am about to deliver, I
Shall follow the example of my Learned Predeceor,
who came to the fame decifion in the cafe of Bruce
end Bruce. Here hit Lordihip itched the circuits-
Sautes of that cafe. which was a council between the
ah4r. Primer of the Bible in England, and the
King's Printer of the Bible in Scotland. in which the
doctrine laid down by Mr. Pancreas, that an in-
juntlios is always founded on a legal title, was much
confidered, and which cafe had been decided by Lord
ELDOM. His Lordfhip obferyed, that if he were not
perfuaded on the face of this proceeding, in which
there was no difpute upon the fags, the whole of the
cafe being before him on affidavits, that he ought to
pant a perpetual iniunaion. be would not grant the
tujuntlion now, until the bearing; hereof* this was
a mere quetlion of title, whether the Plaintiff had a
right to the monopoly of this publication 1 I alfn
feel, raid his Lordihip, there is another mailer which
deferves great confideration here, and that is. that I
Rand in a Situation, as Mr. Percival bee juihly Bated,
where there can hardly be a probability of an appeal
againit my judgment, it being effeftual, if I grant this
injunaion ; becaufe, if the defendants Should complain
of soy judgment, they will come to complain of a
judgment to Support a copy right, to thole who grant
ed it; and it can hardly be fuppofed that the Houk of
Lords who granted this copy tight, will, upon a review
of my order to fupport it, iverturn that order. for the
purpofe of acknowledging, in the face of the whole
public, that they were wrong in their original order.
But fuppofing Mr. Gurney to bring his anion, as well
as to purfue this injunßion, there would be nothing
fot the Jury to ti y. No man reveres the Trial by
Jury—no man, I troll, is much better acquainted
with it, or with the benefit derived, or to be derived
from that mode of trial, to the Britifh public, than
myfelf. the rights of which, though for a while in.
vsded, are now eßablillied, I troll, for ever; but in
a civil cafe, as this is, the Jury can only, and if well
advifed. never will, find any thing but the fad. In
criminal cafes they find the intention of the party ac;
tilled, which is a feu allot although that was long,
much too long disputed, and which call a cloud
over the liberty of the prefs, now, thank Con, dif-
pelted ; the intention of the party, in the cafe of a
libel being now ellablifhed to be a fall to be found by
a jury. Butt if Mr. Gurney were to bring his action
against theft Defendants, for the publication which
he leeks to restrain by the injunEtion of this Court,
there would be nothing to try—there is no doubt of

'the piebilication-•-bere there would be no guellion as
to the intention of the defendants in that publication,
and there would be nothing to be found by. the Jury
brit the fads which the defendants admit I and if any
Judge were to adrift a Jury to the eriatrary, Mr.;
Gurney's Counfel would put upon the Record a Bill
of Exceptions to the direction of the Judge: fo• that
you would come at lift before that very Tribunal'
who gave this copy right to Mr. Gurney; for you
met at lan go Were the Houfe of Lords, fuppofing
the defendants were determined to take the let re-
fort :—Thus the Houfe of Lords would finally come
to judge of the legality of an order made by them.
(elves; but this is an inconvenience which is una-
voidable in themature of human infliuttions. If an
order iffues originally from the highel Tribunal, and
nftefwards that i• Jiff:oared in any part of it, in in•
ferior places, it mull finally go back to the place from
whence it cam:. Nor has our Contlitution thought
it dangerous to the public .to invel the Houfe of
Lords with that authority which they have exercifed
fat ages; and it is a queflion which our anceftors
have decided for .themfelves. and which we, their
pofterity, are bound to fobniit to. The ails and
confiant practice of a Tribunal of a competent se.
thority, with an •acquiefcing Legiflature have been
held to be part of the law of the land. Thug, in the
cafe of Atkinfon, the praftice of the Crown Office
for fifty or filly years has been held to be the law
of the land; refpeding the letting forth the names di
Jurors on the face of an indictment. The Houfe of
Lords are not merely an hereditary botcly. who may
judge ofaliMatters coming before them, (their own
privilegeiamong• the rell ; but they are in the habit
of receiving, uniformly, in their deliberations on ju-
dicial proceedings, the affillance of men eminent in
the law, who have been dillinguithed in their pro-
feffion as Advocates, and who are afterwards elevated
to the Seat of Jolliet in the different Courts in Welt-
minfier Hall. You vill find that the Houfe of
Lords, attended, as it has been throughout, by the
moll eminentrnen in the world, have uniformly af-
ferted this privilege. and therefore it would be rather
arange to fuppoli that the. Houfe of Lords. fo at-
tended and affifted, lhould firfi originate and then be
continually giving. an order which can be laid to be
fubflantially injurious to the liberty of the fobjed—
in defiance of the principles stetted, maintained, and
elablithed at the glorious Revolution of this coun-
try. They cannot but.knoy the great bleffings of
that Revolution—they cannot bat know that a great
part of thole bleffings store from (weeping away the
very forms which Marked arbitrary power. " It
was the glorious demolition of the Star Chamber.
and the beating down of the Licenfing Ads," Paid
his Lorellhip. " by which the Liberty of the Prefs
was, I hope, for ever eltablifhed in this country,"
and by which the communication of men's feutiments
became an acknowledged right, not to be matron'.
Id, while that right is exercifed with decency and
good intention; with this limitsaion only, every
man has a right to animadvert as he pleafcs on
the ads of Government, on the affairs of State,
and on the caudal of its Members ; there is no re-
Arent on any man in England in the publication of
his fentimems, except filch as moderation and juftice
require, prudence didates, and wifdom itfelf In-
tblcates. With this limitation only, it the liberty
of the prefs attended. As to copy right: if a man
has a defire to publifh a work, puts together his own
thoughts, clothes them in his own language, he
!hall be protefted in the profit of his publication ;
and although I think there is great force in the ar-
gument, that this cannot apply to the publication of
the proceedings nf.a Court of Jullice, unlefs one par-
fun copies the publication of another, yet I think I
ought to decide this cafe on the authority of the cafe
decided by Lord Haatswices, and after "fords by
Lord Noy-mica am. But the cafe which is not only
quite in point approaching this cafe, but which is
in every circumftance identically the fame as this. is
the cafe of Bothurft and Kearfley, and bin for which
I fhnuld not have granted this Injunction. His
Lordfhip then Gated all the circumtlances of that
cafe : it was the cafe of a publication of a part of
the Trial of the Duellers of Kingfton. Her Grace
had folicited that Mr. Gurney Ibould attend the trial,
and be accommodated to take in Ihort hand the
proceedings of her trial. which was granted. He
attended accordingly, and took down the fpeech of
the Duellers, and the pleadings of her Counfel.—
Thefe fpeeches were delivered over to, and reviled
by, thole Coned ; and. together with the (perch of
her Grace, were delivered to Mr. Jackfon, the ap
pointed agent of the Duchefs, and by him given to
Mr. Kearfley to be publifised upon which, Mr.
Kearney publiThed them. Mr. Behurft was the per-
fon appointed by the Houfe of Lords in that cafe, as
Mr. Gurney was in this cafe, appointed by the
Loan CIIMICILLOR, under the authority of the Houfe
of. Lords, to publiftithe trial; and it was ordered that
no other perfon do perfume to print the fame. Mr.
Bathurtt came to the Court of Chancery for an In.
junftion againft Mr. Kearfley to prohibit his publica-
non, and the Court granted that Injonftion. This
Injunction had been granted by Lord Bathurft,
who, beide being an able Chancellor, had long
been an eminent Judge in a Court of Law, and
was bred a Common Lawyer. In thou, the order
of the Houfe of Lords on which this right of ex.
clufive publication was now claimed by Mr. Gur-
ney, was the uniform order of the Haste of Lords
upon all Trials of Impeachment from Dr. Sacheve
tell's Tri.l.l downwards : the Trial of the Earl of Or.
ford in 1719, the Earl of Macclesfield in 17e s, Lord
.Loyat in 1746, Lord Ferrer' in 176 c. The fame
thing was done in the Taft Trial by Impeachment
before that of Lord Melville, which was the Trial
of Mr. Hollings. There was no neceffity to pro-
hibit any perfon from publithiog that Trial, be-
conk it was fuperfluous to prolubit any one from
pnblifhing what nobody would read ; and (laid
his Lordlhip) I hope nothing refembling that
trial will ever appear again." His Lordlhip obfer ved
again, that nntwithftanding ail thefe precedents, not-
withaanding his reverence for the order of the Houfe
of Lords, and n Awithflanding that lie had himfelfj
acted in carrying the orders oithat 'lnure into effcd,
in this initar.ce he had no difficulty in laying that he
(honid not have granted this injundlion to prevent
any perfon from ;swilling a tight of publifhiqg the
cperrtnoccicodi
yi its c
ri i.t ju
until
a right
tchee-6tie tto
wanchricchi u
(.77;
publication had been clearly eltablifhed in a Court cf
Ju ice—if it had not been for tl.c decilion of the cafe
of Bashurft v. 11-carficy ; but that cafe being precifely

•
the fame as this, his Lord(hip would not overturn it ,
and therefore, faid his Lord hip, this injunahtn mu't
go ; not on any idea that Mr. Gurney has any ex-
Clufive right, as a Ilion hand writer, for in thlt cha-
ratter he can have no right which may sr•t he claimed
by any other perfon ; nor on any point h 'fever. hist
that helands in the Fame fituation as if he was the
King's printer,printing that which 'hr King alone had
a right to order to he printed. That the King's prin-
ter has alone the right to romolga e, by means of
the prds, the Santo of this realm, is indifpurablc ;
that right is Conveyed by the 'King In him, and he
alone is entitled to pri.malgate then, itt that way to
others. .11 is that alone on which Mr Goner Rands.
I will not fay any doing on the habjsrft f prinlifhing
the proceedings of other Courts ..f Jrsf.ce,becaufe
am not bound to do fo in this cafes but I Hand on
precedent, and on precedent al me ; which precedent
I concur in no further than to grant this injualtion
until the hearing of the can't.
His Lnrdfitip then hittnrically Rated, that Alma-
nacks, the right of printing and publithing which
had been erroneoully fuppoled to he conveyed to she
Stationers' Company and to the UniverStie. . f Ox-
ford and Cambridge, had been atkrted to b- the pro.
petty of the public by a Mr. Carnan, who rot many
years, with indefaiigahle labi•nr, lirigrued the point.
During Lord North's Adasii.iftraiiisn, woo was then
Chancellor of the Univerfit y of Oatord. a bill was
introduced for limiting thi, privilege is th• Sta-
tioners' Company and in the Uitiverfities. Ha Lord-
Ibip (Ertkine) was beard againfl the bill, and, to the
honour of the Commons, it was thrnwe ont. His
Lordtbip faid, that much good was often done to the
Public by men of obftinate tempers, who perr:vered
in having their rights folemnly tried, and added, that
this fame Mr. Carnan, who by a laudable perfeve.
ranee had done fo much good to the community,
allowed his poGtive temper fo far to get the better of
him, that he died of vexation, from not being able to
prove a bode belonging to another perfon to be his
own-

COMM OF COMMON PLEAS. TUT.T to,

MOWRY 88888 IILYTIIF.
This was an audio° to recover 63h under the fol-
lowing eircumflances--The plainriff.a farmer, placed
bills to the amount of 1811. in the hands of the de-
fendant, a linen dealer in the city of London, fit the
porpofe of getting them difcounted. The defendsnt
not chufing 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
refpeting the value of them. When the goods were
fold by auction loon after, they proved to be worth
no more than 1181. confequently the plaintiff loft the
difference between the value of the bills and the golds
in queftion.
Sir jamas MiwsrtsiD obferved generally, that if
a trader fold goods to a perfon ignorant of the value
of them, and they proved not worth the money given,
it was a Jury,
cheat; he, however, left the queltinn
with the Jury, to decide whether it was a iota fide
tranfardion ; intimating at the fame time, that it was
not lasi a bargain between two linen dealers, who
I knew the value of the article : it was between a far-
mer, ignorant of the commodity, and a trader.—
The Jury, without befitation, found a verdid for the
plaintiff.
This verdid will tend to the difeontinoanee of a
predict prevalent amongft money lenders, of (trilling
off on their neeetStous clients articles of merchandise
frequently not worth a tythe of their nominal value.

Yeilerday morsin&Sir E HAIMINGTON arrived at
Mr. WINDHAM'S ffi 0 ce. from Ceylon she likewife
brought chlpatches for the Duke of York.

The whole of the India nett are now fafely arrived
in the Downs ; Saturday all the pincers reached the
India Hoare, with their diipatehes and'papeeu--
I During their paffage the following angular eircum-
fiance occurred :
11 A French fifty gun frigate was difeovered in the
body of the fleet, when off the Cape of Good Hope.
She did not appear to be acquainted with her &sta-
tion. Captain °stole, in the Tear ',mous, bore
down upon her, and conlidcring her an eafy coo-
qnefl, did not fire a (hot, or open his lower ports,
until he came within hail of the frigate, who imme-
diately got under the (fern of the TR e m lIDOV s, open.
ed a broadfide, and wounded the rigging, fo as to put
it out of her power to profecute the Chace. The fri-
gate gotclear off without any damage. The Charlotte
Indiaman afterwards purfued her. The T aim tetanus
was near enough to difcover the name of the frigate
Ilse is called la Canoniere ; the failed originally irons
France, with the Volontaire. and Jsa-m a BOW
'a fquadroo. No lives were loft in the TRIM IR.
DOVE When la Canoniere jot to a convenient dif-
lance, and found that the Tamales:sous was in no
condition to purfue her, &e fired a tingle gun by way
of bravado. It was the general opinion at St. Helena,
that Jaskol.' sBo AAAAA fquadron had gone to the
Eaft Indies.
The following paffengers arrived from India in the
undermentioned (hips, via.

Paa LADY CAS RRRRRR Monaural)lc Colonel MOD.
fon, Captain Young, Lieutenants Frafer,Crotmere,Torriens, at d
Brought Surgeon Davis, Major Daniel and Lady, Captain Swin-
ton and Lady, Captain Maxwell, Lieutenant j. Dundaa, Mears.
Harper, Wake, Chippendale, and Dunbar.
PER LORD DUNCAN —Philip Coal., Efq. S. Davis, P.fq. Colo-
nel Broughtoo, Majors Frafer, White, and Grant, Lieutenant J.
Evans, Surgeon Peptise, Captains Lindfay, Chilboini, and Sker-
r.t, Lieutenant Ship, Mr. Hickey, Miltreffes Davis acd Goad.
Pea Watts:sta.-41r John Anßruther,Bart. and La!y, Captain
C. Stewart and Lady, Andrew Waddell, N. Nugent, and W. W.
Bird,Efqrs. R.I. Farquhar, late Governor of Penang, Surgeon A.
&aware, Lieutenant Colonel Macro, Captain J. Carr, Lieute-
nants Hamilton, Kitchell, and pickfon.
The Fox frigate arrived at Bombay in February
Lail, from the ifland of Bait, where Ihe had been ac-
tively employed againft the Pirates, and had lirceceded
in making them reitore the gouda and treffels which
they had captured during the Jail feafon. Captain
Dtsaate had Rationed a part of the Company's ma-
rine, (o as w blockade Bait, Porntron, Goomtee, anti
Arahnsro, and all tbt piratical inlets, dining the Fair
feafon. In coafequence of this object being attained.
the trade to Guzerat Was expeEted to become very
great, particularly in the goods exported by the Eaii
trcisa Company, to their fettlement of Bombay.

The Citharine, Tues.', from DOlin for *min,
is captured and cartied into La Calm.

I
i