thousand inftances; but ftill the legislature have never interpofed, nor has there ever been a formal decifion against them in any of the fuperior courts. On the contrary, they have been frequently recognized and admitted by parliament, and there are judicial opinions given in their favour, by judges of the first character. Under the various circumstances, stated by Junius, he has a right to conclude, for himself, that there is no remedy. If you have a good one to propofe, you may depend upon the affiftance and applause of Junius. The magiftrate, who guards the liberty of the individual, deferves to be commended. But let him remember that it is alfo his duty to provide for, or at least not to hazard the fafety of the community. If, in the case of a foreign war and the expectation of an invasion, you would rather keep your fleet in harbour, than man it by preffing feamen, who refufe the bounty, I have done. You talk of disbanding the army with wonderful eafe and indifference. If a wifer man held fuch language, I fhould be apt to fufpect his fincerity. As for keeping up a much greater number of feamen in time of peace, it is not to be done. You will opprefs the merchant, you will diftrefs trade, and deftroy the nursery of your feamen. feamen. He must be a miferable ftatefman, who voluntarily, by the fame act increases the public expence, and leffens the means of fupporting it. PHILO JUNIUS LET LETTER XVII. 22 October, 1771. A FRIEND of Junius defires it may be obfer ved, in answer to A Barrister at Law,) 1o. That the fact of Lord Mansfield's having ordered a juryman to be paffed by (which poor Zeno never heard of) is now formally admitted. When Mr. Benfon's name was called, Lord Mansfield was obferved to flufh in the face, (a fignal of guilt not uncommon with him) and cried out, Pafs bim by. This I take to be fomething more than a peremptory challenge. It is an unlawful senmand, without any reafon affigned. That the atuncil did not refift, is true; but this might hapAo either from inadvertence, or a complaifance Lord Mansfield.-You Barristers are too apt to to tivil to my Lord Chief Justice, at the expence igour clients. 102 Junius did never fay that Lord Mansfield had deftroyed the liberty of the prefs. "That his "lordship has laboured to deftroy,that his doctrine "is an attack upon the liberty of the prefs,-that "it is an invasion of the right of juries," are the propofitions propofitions maintained by Junius. His opponents never answer him in point, for they never meet him fairly upon his own ground. 3°. Lord Mansfield's policy, in endeavouring to fcreen his unconstitutional doctrines behind an act of the legislature, is eafily understood.-Let every Englishman ftand upon his own guard;the right of juries to return a general verdict, in all cases whatsoever, is a part of our conftitution. It stands in no need of a bill, either enacting or declaratory, to confirm it. 4. With regard to the Grosvenor cause, it is pleasant to obferve that the doctrine attributed by Junius to Lord Mansfield, is admitted by Zeno and directly defended. The Barrister has not the affurance to deny it flatly, but he evades the charg and foftens the doctrine by fuch poor, contemptib quibbles, as cannot impofe upon the meaneft derstanding. 59. The quantity of bufinefs in the cou King's Bench proves nothing but the litigious. of the people, arifing from the great increa. wealth and commerce. These however are upon the decline, and will foon leave nothing but law fuits behind them. When Junius affirms that Lord Mansfield has laboured to alter the fyftem of jurifprudence, in the court where his lordship prefides, he speaks to thofe, who are able to look a lit ile tle farther than the vulgar. Befides that the multitude are easily deceived by the impofing names of equity and fubftantial juftice, it does not follow that a judge, who introduces into his court new modes of proceeding, and new principles of law, intends in every inftance, to decide unjustly. Why should he, where he has no interest ?—We say that Lord Mansfield is a bad man, and a worfe judge ; but we do not say he is a mere devil. Our adverfaries would fain reduce us to the difficulty of proving too much. This artifice however shall not avail him. The truth of the matter is plainly this. When Lord Mansfield has fucceeded in his fchente of changing a court of common law to a court of equity, he will have it in his power to do injuftice, whenever he thinks proper. This, though a wicked purpose, is neither abfurd nor unattainable. 6o. The laft paragraph, relative to Lord Chatham's caufe cannot be answered. It partly refers to facts, of too fecret a nature to be ascertained, and partly is unintelligible. "Upon one point, the caufe "is decided against Lord Chathain.-Upon another point, it is decided for him."-Both the law and the language are well fuited to a Barrister!—If I have any guess at this honeft gentleman's meaning, it is, that," whereas the comniiffioners of the Great "Seal faw the queftion in a point of view unfa"vourable |