ed totally falfe and groundlefs; if I patient hearing upon a legal question in this illuftrious affembly." Victor Americanus replied to Horatius Tullius thus: Moft illuftrious 1-s, IF I conceive the noble lord on the woolfack right, or have been rightly informed by the public prints, from which I candidly confefs, I originally derived my information on this fubject, the doctrine of the King's Bench is, that a libel or not a libel is a question of law to be decided only by the court, and the fole power of the jury is to determine upon the fact of printing and publishing.-This, my lords, I understand to be the noble lord's opinion, but this I never understood to be the law of England, on the contrary I always understood that the jury were competent judges of the law, as well as of the fact, and indeed if they are not, I can fee no effential benefit arifing from their inftitution to the community. I am therefore defirous, my lords, I am earnestly defirous, that a day may be appointed for examining into. the conduct of fuch judges as dare to establi'h this anticonftitutional practice in our courts.-I am well affured from the moft refpectable authority that the practice is immediately fubverfive of our deareft rights, our most invaluable liberties; and profligate as the times may be, thefe are objects that intereft fhould lead us to defend, even if we are wholly unactuated by principle.In a late trial of an imputed libel, my lords, it was declared from the bench that if the jury instead of adding the word only to their verdict had found the defendant generally guilty of printing and publishing, they would have found him guilty of the libel, even though the paper might be perfectly innocent. But where is the wonder that our laws fhould be perverted, when the conftitution upon which these laws are built has been fo infamously wounded? The fuperftructure may well give way, when the foundation is fo notoriously deftroyed-Excuse me, my lords, for introducing the Middlefex election fo frequently,-I cannot but introduce it on every occasion. The right of election is the vital cir culation in the body politic. Stop it and we are politically destroyed. What What fignifies talking about our laws, if the right of making thefe laws is vielently torn from us? We cannot, therefore, enter upon any debate in which the Middlefex bufinefs will not be proper, in which it will not be ab folutely neceffary. -I fhall for my part confider it as the alarm bell to liberty; I fhall ring it inceffantly in the ears of the whole kingdom, till I roufe the people to a proper fenfe of their injuries, and convince our minifters, intrenched as they are in their venal majorities, that the privileges of English men are never to be infringed with impunity, Victor Americanus was fupported in this argument by Sulpicius Strabo (Lord C-n.) Moft illuftrious 1-s, AS this debate feems to turn upon a point of law, and, from a motion for reftraining the defpotifin of the lower houfe in matters of election, has been changed into a ftricture upon the conduct of the noble judge on the woolfack, it would be highly neceffary to have the direction to the jury before us, which my illuf. trious friend, who fpoke laft, has alluded to; if we can obtain this direction, and obtain it fully stated, I fhall very readily deliver my opinion upon the doctrine it inculcates, and if they appear to me contrary to the known, the established principles of the conftitution, I fhall not fcruple to tell the author of his mistake in the open face of this affembly. This I fhall think peculiarly my duty, as it may be fuppofed that a man, who has pafed through the highest departments of the law, has made the study of the conftitution a more immediate object of his attention, than thofe 1-s who have not profeffionally taken it up. I am but too fenfible, my lords, of the difreputable ftate of our law courts at prefent, and I heartily with that fome effectual method may be taken to recover their former credit, their former dignity. The beft method of doing this, in my opinion, is to af certain the truth, or the fallehood, of the popular reports, fo boldly, fo generally propagated against their mode of adminiftering juftice. Let us try, my lords, whether they are venal, or whether they are otherwife. As a lawyer, I am a friend to the courts, and fhould be fincerely concerned, if the fpirit of the times has fastened any unmerited ftigma on their characters. If they are, as they ought to be, immaculate, we cannot do them a more essential service, than to fix a day for enquiring into their conductWe fhall then be able to certify in their favour-We shall then give their probity the fanction of our evidence, and restore them to the efteem, to the confidence of their country. On the other hand, fhould the popular rumours have unhappily a foundation in fact, we owe it to ourfelves, and to pofterity, to drive them indignantly from the feats which they difhonour, and to punith them in an exemplary manner for their malverfation. The noble lord upon the woolsack has been pleased to fneer at my išlustrious friend, on account of his unacquaintance with law, and saying, that an action for damages lies against the House of Commons, in confequence of the Middlefex election.The noble lord however triumphs without a victory; if he fuppofes the laws of this country founded upon justice, he muft acknowledge the propriety of the very obfervation which excites his ridicule-Will he venture to fay, that in the Middlesex bufinefs, the freeholders have not been grofsly, dangerously injured? Will he venture to fay, that being injured they have not a legal claim to redrefs?-a legal title to compenfation for the damage they have fuftained? He knows they have - he cannot deny their claim, unless he places the fimple refolution of the other houfe, entirely above the established laws of the land, and tells us, that the lowest estate of parliament is confitutionally warranted to annihilate the conftitution. I am not, my lords, declaiming on this occafion, as the member of a party, as a courtier out of place, or as a man whom private pique, or public dilappointment, has rendered at all events determined to oppofe the operations of government-No, my lords I have no attachment to Mr. Wilkes, as Mr. Wilkes; no refentment to Colonel Luttrel, as Colonel Luttrel the perfon expelled, and the perfon Leated feated by the Commons, is alike indifferent to me. I only feel for the liberties of the people; I only speak as the precedent appears dangerous to the pillars of freedom, and likely to weaken the conftitution over the heads of pofterity. On these principles I fhall ever follow the lead of my illuftrious friend, and tranfmit my same unfullied to the annals of my country. Caius Tarquinius (the D. of G-) fpoke next in the debate. Moft illuftrious l—s, THE fubject of the original motion upon the table, having been repeatedly difcuffed in this affembly, and a new argument, relative to the conduct of our law courts, having arifen from it, that seems very neceflary to be confidered, I fhall take the liberty of making a few remarks on what the noble lord, who fpoke laft, has been pleafed to advance, and then move your lordships to adjourn, as there appears no great likelihood of doing any other business. The noble lord on the woolfack has accounted, in the most fatisfactory manner, for the fcandalous reports which are propagated against the integrity of our judges, and I believe there is not an individual in this affembly, contrary a language as fome may ufe, who is not convinced, that thefe reports fpring more from the very rectitude of the courts, than from any real fufpicion of their venality. The great crime of the fages in Westminster-hall, my lords, is, their not having prostituted the publie ordinances of the kingdom to the purposes of fedition. Had the judges pronounced defamation legal--had they given a fanction to outrage-had they declared the fubverfion of all government was right-and held it loyalty to make a noon-day attack upon the palace of the fovereign-had they, my lords, fupported licentioufnefs, by conceffions of this abject nature, then inftead of libels on their dishonesty, we fhould only hear Io Peans to their praife-Popularity would pour forth all its doggrel to celebrate their unexampled virtue-Grubstreet would ring with miferable ditties to their honour, and we should find them inceffantly extolled by the deluded multitude for thofe actions, which would lead the mind of intelligence to doom them to the axe. The noble lord, who fpoke last, profeffes himself a friend to the law courts, and indeed with good reason, as he owes every confequence he poffeffes to thefe courts. He tells us, my lords, that we cannot poffibly confer a greater favour on the judges, than to fcrutinize their conduct, than to join with the roar of the rabble, and give a foundation for clamour, by giving it the confequence of an enquiry. [To be continued in our next.] THE BRITISH THEATRE. HE late month has been particularly aufpicious to the theatre-Two new pieces, the one ALMIDA, a tragedy from Voltaire, by Mrs. Cilifia of Genoa, a daughter of the late celebrated Mr. Mallet; and the other THE WEST-INDIAN, a comedy by Mr. Cumberland, have been exhibited with great fuccefs at Drury-lane. The tragedy having firft appeared is of course the first object of our criticifm.. PERSON S. Mr. Reddish. Mr. Inchbald. Mr. Aickin. Mr. J.. Aickin. Mr. Palmer. Loredan }knts. { Catanio Almida Mrs. Barry. Sophia Squires, Mrs. W. Barry. Attendants, Waiting Women, Soldiers, &c. SCENE, Syracufe in Sicily. TH FABLE. HE city of Syracuse having been for a long time diftracted by inteftine broils the Senate were prevailed on by the party which efpoufed the caufe of Orbaffan, a nobleman of great military abilities, to banish a young knight called Tancred, who was defcended from a noble Gaulish family, and had enjoyed an honourable poft in the armies of the Syracufans, which, together with his eftates, were given to his rival Orbaffan, by a decree of the national affembly, who made it death to any of their citizens that fhould give entertainment to, or hold the the leaft correfpondence with the unfortunate Tancred. During thefe tranfactions the fultan Solyman invaded the Ifland of Sicily with a powerful army, and laid fiege to Syracufe, which made the inhabitants unite for the general good, and defend themselves with fo much valour, that Solyman, tired with the tedioufnefs of the fiege, propofed making peace on certain conditions, one of which was, that Almida, the daughter of Arnolph, one of the first noblemen in the repu. blic, a young lady eminently diftinguished for her beauty and merit, fhould be given him in marriage. This propofal was extremely disagreeable to Arnolph, who could by no means think of making his daughter a facrifice to a Muffulman, and ufed all his influence with the fenate to make them reject Solyman's terms, which they did accordingly, and enacted, with the confent of Arnolph, that Almida should give her hand to Orbaffan, whom they made commander in chief of their forces. At this period the play commences: Almida, who had been educated at the court of Cæfar, where fhe was at a very early age betrothed by her mother to Tancred, whofe amiable qualities made a lasting impreffion on her heart, was extremely fhecked at the determination of her father and the fenate, and endeavoured to poftpone the marriage for fome days, in order to find a method of acquainting Tancred with her unhappy fituation. Orbaflan, who was remarkable for roughness and aufterity of manners, and who confidered the match merely as a political one, calculated to procure public happiness rather than his own, nade no difficulty of deferring the nuptials for a fhort time. Almida then acquainted her confidant Sophia, that the had received intelligence that Tancred was in difguife at Meflina, and refolved to feize the firft opportunity of prefenting himself before the citizens of Syracufe, and afferting his rights, to the utter confufion of his enemies. This information was communicated to Almida by a trufty flave belonging to Tancred, who had found means to pafs through Solyman's troops, and get into the city. To this faithful meffenger Almida delivered a letter without any fuperfcription for her lover, defcribing her own diftrefs, and inviting him to Syracufe, declaring the doubted not but he would "reign there as much in the hearts of the people as he did in her own." The unfortunate flave had fcarcely got without the walls of the city, when he was intercepted by Orbaflan's guards, who, fuppofing him a fpy belonging to the Mahometan army, killed him on the fpot, and, on examining his papers, found Almida's epiftle, which, from the contents, was univerfally believed to be intended for the fultan. Aftonifhed and enraged at the account of this fatal circumftance, Arnolph acquiefced with the senators in dooming his daughter to immediate death, as the betrayer of her country, and the lady received the news of her fate without difcovering the perfon for whom the letter was really defigned, and with a magnanimity that furprized all the beholders. At that time an ancient custom prevailed in Syracufe, which was, that if any courteous knight interfered in the favour of a woman who was condemned to death, and challenged, or fought, and conquered her accufer, fhe was by the laws of chivalry deemed guiltlefs, and preferved from punishment. Orbaffan, who was affected with the diftrefs of the lovely Almida, expreffed fome inclination to stand forth as her champion on this awful occafion, but finding, from a conversation with her, as her foul was above diffembling, that her heart was abfolutely engaged to another, refentment took place of pity, and he not only left her to her fate, but urged it on with all the rancour that disappointment and hatred could infpire. At this juncture, Solyman having withdrawn his troops to a fhort diftance from the city, Tancred, and his friend Aldamon, arrive in disguise at Syracufe, where they foon hear the ftory of Almida's correfpondence with Solyman; ftruck with horror at her fuppofed infidelity, which is corroborated by feveral circumstances, Tancred refolves to tear her from his heart, but at the fame time penetrated with grief at the distracted state of her father, and burning with rage againft Orbaffan, he offers himself as a champion in her caufe, and dares his rival to fin gle combat. Orbaffan, without know ing his opponent, accepts the challenge, and is killed in the contest; during which the fultan, at the head of his army, returns to the charge, and prepares to affault the city in feveral places.. Tancred, who is regarded by the people with the highest admiration, for his conduct towards Almida, cffers himself to head a party of Syracufans against Solyman, being determined, as he imagines his mistress false, to seek a glorious death amidit the foes of his country. His offer is gladly accepted by the citizens, and juft as he is going off, Almida enters to thank her deliverer; whom the foon difcovers to be her long loft lover, but fears to proclaim it, on account of the edict which had paffed against him, and is not a little diftreffed to guess the caufe of his coldnefs. Tancred, after abfolving Almida, in private, from her vows of fidelity, without affigning the caufe, requeíts her to forget him, and leaves her abruptly to lead his troops to the attack. Penetrated with anguish, refentment, and despair, Almida grows outrageous, reproaches her father, and execrates the fenators, as the origin of all her forrows, and refolves to follow Tancred to the field, for an explanation of his ambiguous behaviour. The fally, conducted by Tancred, fucceeded beyond expectation; the Mahometans were put into confufion by the wonderful atchievements of this extraordinary ftranger, who was faluted by the Syracufans as the faviour of their country; and on his true character, being at length difcovered, the fenate agreed, as a reward for his fignal fervices, to repeal the act they had paffed against him, and restore him to his hereditary honours. This news feemed to afford fome profpect of happiness to Almida, who by this time had conjectured the true caufe of her lover's jealoufy; but it was of very short duration, for as he was entering the city, amid the acclamations of the people, the Saracens rallied and renewed the fight, in which Tancred engaged with absolute desperation, and totally routed Solyman's army, but received a mortal wound that filled all Syracufe with forrow. Finding his death at hand, he sent a note to Almida to this purport: "I die from your · Jan. 1771. perfidy." The unhappy lady had just time to clear up the mystery before her beloved Tancred breathed his last upon her bofom, and the herself expired foon after in a paroxyfin of diftraction. Having thus given the fable of Almida, we cannot exprefs our opinion with refpect to the merit of this piece, more fully, than in the words of an ingenious critique, which we have read in the St. James's Chronicle. IN delivering my fentiments upon this very fuccefsful tragedy (fays the critic) my criticifms will not fall fo much upon the fair author of Almida, as upon the celebrated Voltaire, who wrote the original, Tancrede. The Lady has followed her French conductor, act by act, and scene by scene: therefore whatever faults may be found with the fable in its foundation and conftruction, they may be imputed to the French Veteran; and whatever alterations have been made in the tranflation, or imitation of particular fpeeches, must be placed to the lady's account. As it will be impoffible to remember, by merely attending the reprefentation, the pailages the may have weakened or improved, I fhall leave a discussion of that matter for a future paper, (when the tragedy is published) and only point out the defects and beauties of the drama in general, and recollect fome things in the French play, which have been omitted in the English, and (vice versa) some things added in the tranflation, and leave the publick to decide upon the merits and demerits of each. I lay it down as one of the most indifputable pofitions, that in a dramatic performance there fhould not be the least doubt or perplexity in the courfe of the story: the least mift or darkness will make an audience wander, and the particular fentiments or expreffing of the pafkons may give delight; yet if a fpectator is bewildered in the progrefs of the fable, he can receive no joy from the art of the poet, but must be often at a loss to account for the words that are fpoken, and the actions which pals before him. To begin then with an inftance of this kind in the French original, and which is tranflated into the English: the mistake of the fenate, viz. that the letter which Almida fent to Tancred, was meant for Solyman, is not fo clear B as |