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624

An Examination of Dr. Musgrave's Address.

Dec Mould not admit any body to see the council; and the persons on wome plaintiff. It is a great point in this by the regency act, the government cause, and would tend to the aggrava-" of the kingdom may devolve. Those eion of the damages, if it had been whom he loves are Wilkes, Bingley really and truly a thing maliciously in the bookseller, Parfon Horne, the s tended, in the first formation of the Giles's Patriots, and other refpe&able warrant against the plaintiff; then hawkers of liberty. what arises has been told you at the “ Which I apprehend gives jater bar, that the law always implies illega- grounds of apprehenfion." lity, but as to any personal malice, I For these apprehenfions, it may be see none. As to any intention of sub- apprehended, that Dr. Musgrave is verting the laws and liberties of the obliged to Parfon Horne, who lo wisely people, I fee none; but the proceeding and conscientiously promoted the late was in course of office, in the manner petition for a redress of those faid apfound precedented; however, in re- prehensions. gard to that part of the defence, it is." Having tong had reason to imamaterial to observe, it was illegal; gine.” and upon the whole you must find a In an affair of so much consequence, verdict for the plaintiff, and give him an informer against nobles, 'thouli fuch damages as, under all the circum- have, not hearsay evidence and imperItances of this cause, you fall be offect informations, but pofitive proof opinion he is intitled to, and I will and matter of fact to guide him not go further, you are not to be con- imagination, which is so often difturbfined to the seven days imprisonment ed. by party, by vexation, by disapand the seizure of papers, but you are pointment, by envy. A poet may, to give him liberal damages. I do without prejudice to the state, indulge not mean when I say liberal what the his imaginations, but God forbid tbat law implies® excessive. Excesus in jure ever visionary notions fould have inreprobatur. The law always condemns fuence either in phyfic or politicks. excess; it must be within the rules of “ I have ardently withed for the seafon; the particular circumstances day when my imperfect informations of the cafe are to govern it, and, as should be superseded by evidence and near as you can, you are to give that certainty. That day, 1 flatter myself, satisfaction and compensation which is at last approaching." muft bear a proper proportion to the

Far more becoming to have ardently injury that has been received, under wished that your apprehenGons were all the circumstances; and therefore groundless, and your imperfect infor you will, upon the whole, take the mations falfe : better have withed, that matter into consideration, and find a politive evidence could never be verdict for the plaintiff, and give him brought against noblemen, whom you fach damages as you think he ought to yourleif cannot charge with corruption. receive for the injury committed. It is really cruel in Dr. Musgrave thus

to delight himself with the idea of An Examination of Dr. Musgrave's Ad. bloodthed.-But dress.

Each word, fir, you impart Placari nequeunt, nifi barriendum sangui. Has something in it killing-like your

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“ I fiatter myself, that the spirit now THE sheriffs having fummoned of ?

appearing among the freeholders will

bear down every obstacle." der to consider of a petition for redress This spirit, which is to bear dori of grievances, I think it incumbent on every obitacle, is no other than the me as a lover of my country in gence fpirit of juniper and the spirit of malt; ral.

a spirit that has lately appeared among By the word general, it is evident some freeholders in some counties, and that the doctor is a hacer of some indi- by intoxicating caused fome to petition viduals; who these are we may guess and others to address; a spirit not from his information : Lord Halifax, highly refified, but much under prsel, the peers and members of the privy * 1. need ciot remind you of the

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59. An Examination of Dr. Musgrave's Address. 625 rerfal indignation and abhorrrence country, the flames of discord; to ex- , , which the conditions of the late tinguish which, not the blood of heroes e were received by the independent only, but the blood of nobles, perhaps :of the nation,”

of princes, might be demanded. What is by all those, who, when the “.. This important secret was disclo, was over, had nothing to depend fed to me at Paris in the year 1764."

Yet Dr. Musgrave, a fiaming and im: Yet such is the candid, un suspect patient patriot, has burnt five long nature of Englishmen, that even years to disclose it in England. And se, who condemned the measure, did. after all his secret is of lo extraordia,

attribute it to a worse motive than nary a kind, that the doctor has not, unmanly impatience under the bur or cannot divulge it.-In one part of is of war and a blind headstrong de his address lie' calls it an imperfeet in. : of being relieved from it.” .. formation, and in another intelligence : Who were tbus impatient and un now intelligence may be falle as well inly? were the soldiers ? were the lors? If the war was a burden, " Lord Halifax's behaviour was pos it unmanly to be relieved from it? lite but evasive.” , you call taking off burdens from As a nobleman polite, as a minister nest mens backs a blind beadfirong de- of state 'evalive. Had the spies, or e of being eased? Ah, doctor, you lay' informers, or intelligence-mongers, at eater burdens yourself now on the Paris been as evasive, and as little cks of our nobility. Do not you communicative as Lord Halifax, it is low that as soon as the conditions of probable, that this address of the doce peace were signed, your indepen. tor's had been locked up till his coffin nt friends were Itarving for want of was nailed down. nployment, and our nation was fink “ But I was not so much a dupe g under the burden of many, many of his artifice, as to believe that he had illions ?

a serious intention of following the One would really think, that change clue I had given him, though his whole i climate and correspondence with behaviour pointed that way." ur enemies bad produced in Dr. Muf When you, doctor, first waited or rave a change of nature. Surely this Lord Halifax, you certainly had a dif. ddress from an Englishman is not ferent notion of that nobleman's dispoverburthened with candor, which is fition, otherwise you would not have oo amiable to accuse without evidence, given him your clue at all, which clue, nd is never a publisher of suspicions. by the bye, had Lord Halifax taken, so the list of modern patriots, who have it might have led him, as peradventure oft the senfe of gratitude, may not our it may yourself, into a perplexing ladoctor be added? who for ten years -byrinth, out of which neither his lordenjoyed three huidred pounds per an. nip's enemies, nor your friends, the num, a bounty left by Dr. Radcliffe to in.lependant part of the nation, could the disposal of the principal officers of have freed him: a doctor so hand in fate, which bounty they bestowed on glove with chevaliers, ambassadors, and Dr. Musgrave, not as the wages of a plenipotentiaries, ought to speak with politician, but for the improvement of more decency of a nobleman who had medical knowledge. How grateful a received liin politely. Why should Dr. return he has made to his benefactors Mulgrave afieri, that Lord Halitax was and the public, his late address will full of artifice and deceit, when his fufficiently evince!

whole behaviour pointed another way? “They could not conceive that per- Did not Dr. Mulgrave look on Lord sons of high rank and unbounded Halifax with jaundiged eye? wealth could be reduced by gold to Had he thought his lord thip so full of betray the interests of their country.”. artifice at the first visit, why did he - And let me add, doctor, their own in carry his budget of informations to him a Berth.

second tine? They could not conceive that any “ An overture had been made in the Englishman could be so seduced by the name of the Chevalier D'Eon." wbipling of a name, 23 to raise bý in And, in the name of Beelzebub, what Hammatory addrelles, in his had Lord Halifax to do with that man

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chevalier, and the papers with which 626 An Examination of Dr. Musgrave's Address. Des who took his name in vain. Dr. Mus. peers and members of the privy cat grave had heard, that Sir George cit to account? Was be to sake a Young had been told that somebody this uproar and confusion on the inwithout a name had said, that an over- perfect information of a strange sn, ture somewhere had been made in the utterly únconnected with people in name of another man, that some peers power, at least in our' realm Wa might be impeached of high treason; Lord Halifax to be the busy sad to because they had sold the peace to the structive instrument to send for the French, which peace the chevalier chevalier and his papers, set the ratica fays the French had sold to us But in a flame at a time when tbe so this secret, which was disclosed at Paris was crying out crucify, crucify Wa in 1964, cannot be disclosed in Eng- he to impeach fuch exalted performs land in 1769, because Dr. Musgrave on an hearsay evidence; make toca (the informer) cannot bring any prove themselves incorrupt when us charge of corruption against the noble- charge of corruption could be brought men mentioned in this imperfect in. against thein ; make them prorettezformation. And this overture; faid selves innocent that no atrocions i to have been made in the name of lumny might relt opon them? Ou another man, has been disowned and while Dr. Musgrave says, ' he casdenied by the very man in whose not bring any charge of corrupto name it was made : 'really, evidence of against these noblemen; and another all kinds is a very perishable tbing. time ftiles them capital offenders.

If a ftranger were to call upon Dr. These noble lords, so accofed, were Musgrave with a bundle of papers, tel. to make themselves appear inacces, ling him, that they contained articles in order to prove themselves not get of high crimes, or misdemeanors, ty: they were to call upon se kur against any reputable family, his pas not whom, to have their conduct forstients, would he not require the most tinized. We may venture to pronoutit, Itriking proofs, and unexceptionable that however innocent they were evidence, before he raised an alarm ? If found, some stain would redrain upor five years after, this same stranger, their characters, even by being called neglecting his proper business, nould to account. It is not sufficient the proclaim on the house top that Dr. Cæsar's wife be chaste, the fhould be Musgrave took no notice of the infor. unfuspected. mation given him; what idea would Would Dr. Musgrave take it kiza he form of this stranger? Would he to be called to account for any patient not afsign him a place in the district of that died under his care? Would be Moorfields ?

(had he been a little furred) thank the These imperfect informations bring relations of the deceafed patient, thout to mind the whisper between the gen. they call upon him to prove he had tleman uher and the physician to the not killed him, that his innocence two kings of Brentford, and the reason might appear, and no ftain remain opgiven for the whisper is, that they are on his character ; no saspicion of guili! both supposed to be politicians, and No-we may venture to affert, that it matters of state ought not to be di. would be neither the interest, or wih, vulged.

of the innocent Dr. Mulgrave, iliat fucu • I leave every impartial reader to an enquiry should be marle. judge."

I consider this refusal of Lord By iinpartial is here meant every Halifax's as a wilful obstruction of naparty and prejudiced reader.

tional justice." “I will suppose, for argument's fake,

When Lord Halifax feized Mr. that the persons accused were perfect. Wilkes's papers, it was thought naticaly innocent í is it not the interest and al justice to bring Lord Halifas to 26 wish of every innocent man to have his count. When prudence withheld his condu&t scrutinized ? Is there any ten lordship from seizing the chevalier and derness in suffering a stain to remain his papers, 'then national juftice w* upon their characters, till it becomes obstructed. Quit fequor aut quem? difficult, or even impossible to be wi "If Lord Halifax, considered as a mped out?"

giftrate, had a power to examine the What! Was Lord Halifax to call these

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1769.

An Examination of Dr. Mufgrave's Address. he had been intrusted by the ambassa- occasioned heart-burnings and jealou, der of a foreign nation, every other fies among the people ; he has exposed justice in the commiffion was invested the royal reputation to hazard; by his with an equal authority. Why did negligence a traitor might govern the not Dr. Musgrave then, instead of run. kingdom; he is the cause of future ning from one nobleman to another, treasons; he may bring Frenchmen wait on Sir John Fielding with his in- into parliament; and yet Dr. Mur. formation? Sir John's well known grave's object is not accusation but dexterity at unravelling myfteries, enquiry. might, with the aflittance of the doc Sure be must want the care of ten tor's clue, have penetrated through all Munro's, the intricacies, and disclosed to the Who thus would scribble rather than world this important, though as yet

repose. unrevealed secret.

“ It has been apprehended, how If the doctor's address should unfor. justly I know not, that any magistrate, tunately occasion a rupture, the coun. who should promote an enquiry, or ty, as a reward for his services, might any gentleman, who should openly defire him to be in the commission of move for it, would be deemed responthe peace, and then be might have a fible for the truth of the charge, and right to call all the chevaliers, and subjected to severe penalties if he could the ambassadors of all the courts in Eu. not make it good." rope before him ; then, instead of

pon.

Apprehended! It is a known truth, dering the abstruse case of a patient, and how it escaped the great penetrahe might with his steady hand hold tion of Dr. Musgrave is surprizing. the balance of power, and, by observ. Every man, who brings a charge ing which scale preponderates, might against another, is responsible to prove determine the face of nations.

that charge true. Does not the law, “ Yet even these confiderations are of the land, does not equity in every infinitely outweighed by the danger to case, require it? What confusion would which the whole nation must be expof- otherwile ensue! Must not the clearest ed from the continued operation of so evidence be produced on every trial? much influence and authority:" and if not produced, is not the accuser

By continued authority and influence liable to pay the wrongfully accused Dr. Musgrave means keeping their his costs, from the most trivial matters places; and the whole tenor of his to those of the highest importance ? address is to turn the present ministry Ought not this penalty to be paid ? out, that the doctor and his adherents And the more severe the charge is, may get in.

surely the more severe the penalty " That treasons may be detected, Mould be. without producing either punishment In an action to be brought against or enquiry.

Dr. Musgrave, in which either his : So the punishment is to go first and character, or property, was to be conthe enquiry follow.

cerned, would he be satisfied with a “ I have been thus particular in enu

bare trial of the matter? And on sucmerating evils, not from a design of ceeding in the event, would he thank aggravating that nobleman's offence: his accuser for bringing him into court? accusation is not my object, but en Would he not expect some farther faquiry."

tisfaction, some recompence for the Lord Halifax is accused of artifice; expence which he had been at; for the his allegations are misplaced and frivo- tinie lost and trouble taken in setting lous; he deprived people of the first aside a false charge; belides the anxiety rank of vindicating themselves;, he which every good man must suffer, would not listen to exact narratives, while his character is attacked and nor detect treasons; he said one thing hung up for public odium ? And yet, and meant another ; he was an ob- in the present case, so blind and head. structor of national justice, for which strong is party zeal, that Dr. Murhe ought to be punished; be made im- grave does not know how justly a perpunity perpetual, by suffering traitors to Ton can be deemed responsible for the escape ; he exposed Dr. Musgrave's truth of a charge, even in a case which precious documents to hazard; he has concerns both the property and life of

another.

628 An Examination of Dr. Musgrave's Address.;

Deo another. This must have dropt from of government hould awakena igast the doctor without reflexion, lince of enquiry too powerful to bereked, every other person must clearly see the or eluded," justice of verifying eyery charge. This, Spirit can only be a fpirit of

Audi alterani pariem, is a good maxim; rebellion ja spirit which diferered and before the public pass sentence itself in the late treatment of the Don Lord Halifax, let thein consider of B, at Exeter, bearing connete: wbat may be gathered from the doça , ry obftacle in its way, without waiting tor's address. Lord Halifax was per. for, an open and impartial caquiry. fuaded the charge was wholly ground. For they wished, and actually endea. less. The Speaker of the House of voured, to pupidi,, without are taking Commons refufed to be instrumental any legal lep for proving the charge in promoting an enquiry. Sir George, againg him. Such a spirit is always Younge, Mr. Fitzherbert, and several railed by defamatory writings, which, other members of parliament, who containing a secret poison, operate a were 'acquainted with the matter, or the minds of the people, and giveta rather heard some whispers only of a « blind beadfirong defire of taking a

confused tale, did not intermeddle with power into their own hands, and aéng • it. May we not think they all had it as they please, without allowing ise

good reasons for not meddling with for reason to act and weigh all things it? If their reasons were laid before, with impartiality. the public, they would probably con- . * This would be to disgrace my vince us that they acted right. But former conduct." are Lord Halifax, the Speaker of the We never heard of De. Musgrave House of Commons, and others of the till be proposed to disclofe this impt jike exalted characters and stations, to tant Secret, which, from the docte's give reasons for all their proceedings inability to reveal, seems never to have in a news-paper, or an humble address? been communicated to bim. We se: If they should do it in one case, ic ver heard, and probably pow never would be afterwards expected tbey fall hear, of any services performes Thould do it in all : and if one peer, or by Dr. Musgrave for his country, emember, why not all ? God forbid 'ther in his private, or public capacity, that they should have nothing else to By former conduct the doctor nuk do than to furnish out materials for certainly mean fome transaction of the news of the day. The affairs of the bis in France, for which we perhaps nation require a strict attendance, and have no reason to thank him. muft indeed suffer if their time is to be Bayes, in the Rehearsal, fays, when taken up with answering every writershe writes familiar things as Sonnets No-a charge against them mut be and the like, he makes ule of itewed brought in a proper court; there eyery prunes only, when he lias a great der evidence nust be produced and exa sign in hand, he ever takes physcand mined, and there, and there only, the less blood; for when you would have matter must be determined. What is pure swiftness of thought and hery

, reported out of court is generally vague Aights of fancy, you must take care of and uncertain ; and it, after such a thë pentive parti

in fine, you muk trial, they are found innocent, what purge the belly. IfDs. Musgrate bad satisfaction can be made to them by purged his belly well before he wrote Dr. Musgrave ? In trivial matters, by his address, he might have got rid of which characters of meaner person's those ill bumours, which have been have been hurt, and damages sustained, vented by him again a pecuniary compeplation is generally it is to be feared he wrote when ! inficieot, but here where persons of was in a ferment within, which majt unbounded wealth, and above all such him administer an extraordinary po considerations, are concerned, every tion to the belly of the whole nation

, recompense will be inariequate, as the where it now

rawing violent lenity of oor laws will fill permit Dr. motions, and threatening convulsions Musgrave to enjoy life, though he has to the whole body. Excellent will be heen aiming to deprive oiliers of that the art of ihat phyfician, who saa jnvaluable blessing.

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