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you don't alter his clothes to his liking-I'll have your ears cut off. [afide.] may venture to blufter a little, as the Colonel is prefent.

Twift. Oh, hang him he is as aukward as if he had never measured a man for a fuit in his life--I dare fay I could alter the coat better myself-fet him about your own

clothes.

Mah. Egad, there is no time to lofe, indeed; fo go to work directly, Mounfeer.1 commit him to your care, Lucy.-Lock him up, and give him nothing to eat, or drink, till he has completed the job.

Lucy. [afide to Co!] So it is your destiny to be my prifoner, Sir?

Col. at. [to Lucy] Ah, ma chere-I did read dat deftiny in your eyes ven I first faw you. [afide] Pauvre fille! quite jealoufe of me-1 muft be kind to her. [Cafts a languishing look at Mrs. Mushroom, and exit with Lucy,]

Moh. One must treat these fellows a little harthly, to make them do their duty.

Twift. Certainly, certainly. Thefe tay. lors are a fet of the most lazy, impudentI'm glad the fellow is gone.

Mrs. Mujh. So am I, moft fincerely. Mufh. I am not forry for it. I did not much like his looks.-But where are your letters, Colonel ?.

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Twift. They may be there, for aught I know. [takes out a pocket-book.] Here, Mushroom, look over the book for me. "I can't fubmit to the trouble of doing it." Mufh. [afide] I don't know what to make of this Frenchman.

Twift. [taking a letter from his waistcoatpocket] Here is another letter—perhaps this is for you. [giving it.]

Mufh. [afide. Eli! a letter from my wife, and to this French puppy-An apat my chamber-door. pointment-Three raps

This is a fortunate blunder of his. Twift. 'Tis very remarkable, that, though 1 fpeak English fo well, I never could read it. But pray, Mushroom, at what hour do you dine? I really think eating and drinking a mighty agreeable relief to converfation.

Mufh, [afide] Egad, I should think any thing a relief from your conversation.

Twift. You'll excufe my freedom-But I am always perfectly at eafe, wherever I go -You know that's very polite.

Mufh. But, pray, my dear friend, is whifpering a part of modern politenefs?—You feeem to deal in that mightily.

Twift. Whispering!-Why, my dear Sir, it is the perfection of eloquence.

Mufh.-May be fo-but I will take care you fha'n't profit much by the ufe of it. Exit.

Such is the dialogue of Love In The Eaft, in which we may every where trace the author of The First Floor.-Twift is the lineal defcendant of Tim Tartlet, with all the ridiculous pleafantry of the charafter; and had Mr. Cobb, as we before obferved, condented his plot into a Farce, and made Twift his hero, the Opera might have escaped the gulph of oblivion, which now yawns for it.

Ala: A Differtation on the Governments, Manners, and Spirit of Afia. 4to.

IS. 6d.

THIS Differtation, we are informed, is

the copy of one of the leftures de livered by Mr. Logan, at Edinburgh, in the year 180; and which had been taken down in fhort-hand by the Editor. The author has collected from different

Murray.

writers on the fubject a variety of obfervations, which he has methodically digefted, and placed in a confpicuous light. The ftyle is terfe, abrupt, and flowery ; and will give particular pleasure to the ftudent and man of taste.

The Pocket Peerage of England, Scotland, and Ireland: Containing the Defcent and prefent State of every Noble Family, with the extinct, forfeited and dormant Titles of the three Kingdoms; alfo general and particular Indexes, and Tranflation of the Mottos. 2 Vols. 12mo. Price $s. Lowndes, &c.

THE title of this work, tho' fo full,

does not explain the whole of its contents, which abound with much ufeful information compreffed in a small compafs. The utility is obvious, as its lifts are more copious and correct, and the account of the defcent and prefent ftate of the Nobility brought down to a much

later period than in any other publication on the fubject. The compiler appears to have executed his task with skill and ability, he having confulted with care all the proper fources of information, and availed himself of them. The Arms are new and neatly engraved, and the Frontif picces and Vignettes are elegantly defigned.

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PLAN of

HIGH the

COURT of

PARLIAMENT,

Erected in WESTMINSTER-HALL for the TRIAL of WARREN HASTINGS, Efq. late GOVERNOR-GENERAL of BENGAL; for HIGH CRIMES and MISDEMEANORS, on WEDNESDAY, FEBRUARY 13, 1788.

H. Heralds.

V. Prifoner's Counsel.

U. Counsel for the Profecution.

W. Usher of the Black Rod.

Tickets for the Board of Works.

b. Earl of Salisbury's Seats.

Sir Peter Burrell's Seats.

k. Weftminster-hall Gate.

ACCOUNT of the TRIAL of WARREN HASTINGS, Efq. (late GOVERNORGENERAL of BENGAL), before the HIGH COURT of PARLIAMENT, for HIGH CRIMES and MISDEMEANORS.

(Continued from page 132.)

SEVENTH DAY.
FRIDAY, FEBRUARY 22.

THE Court was this day crouded to a

degree beyond any thing we had hitherto witneffed. The expected decifion of the House of Lords refpecting the form of proceeding, and the opening of the first charge by Mr. Fox, were the apparent caufes of the general anxiety.

The ufual folemnities being over, the Lord Chancellor addreffed the Committee.*Gentlemen of the Houfe of Commons,

the Houfe of Lords have ordered me to acquaint you, that they have made the fellowing order: To hear the wHOLE Evidence "in fupport of ALL the Charges of Im"peachment, and THEN to let the Defen"dant enter on his Defence." Upon.which

Mr. Fox rofe and faid, "My Lords, the "Committee beg leave to retire for a few "minutes, to confult in what manner they "fhall proceed."

The Chancellor nodded his affent; and the Committee withdrew. They were out

Against this determination, however, the following Proteft was entered on the Lords' Journals:

DIS S EN TIE N T,

ift. Because we hold it to be primarily effential to the due administration of justice, that they who are to judge have a full, clear, and diftin&t knowledge of every part of the question on which they are ultimately to decide: and in a caufe of fuch magnitude, extent, and variety, as the prefent, where iffue is joined on acts done at times and places fo diftant, and with relation to perfons fo different, as well as on crimes fo difcriminated from each other by their nature and tendency, we conceive that fuch knowledge cannot but with extreme difficulty be obtained without a feparate confideration of the feveral articles exhibited.

2d. Because we cannot with equal facility, accuracy, and confidence, apply and compare the evidence adduced, and more efpecially the arguments urged by the profecuters on one frde, and the defendant on the other, if the whole charge be made one caufe, as if the feveral articles be heard in the nature of feparate caufis.

3d. Because, admitting it to be a clear and acknowledged principle of juftice, that the defendant against a criminal accufation fhould be at liberty to make his defence in fuch form and manner as he fhall deem moft to his advantage; we are of opinion, that fuch principle is only true fo far forth as the ufe and operation thereof fhall not be extended to defeat the ends of justice, or to create difficulties and delays equivalent to a direct defeat thereof; and, because we are of opinion, that the propofition made by the Managers of the House of Commons, if it had been agreed to, would not have deprived the defendant in this profecution, of the fair and allowable benefit of fuch principle taken in its true fenfe; inafmuch as it tended only to ob'ige him to apply his defence specially and diftinctly to each of the distinct and separate articles of the Impeachment, in the only mode in which the refpe&ive merits of the charge and of the defence can be accurately compared and determined, or even retained in the memory, and not to limit or reftrain him in the form and manner of conftru&ing, explaining, or establishing his defence.

4th. Because, in the cafe of the Earl of Middlefex, and that of the Earl of Strafford, and other cafes of much less magnitude, extent, and variety, than the prefent, this Houfe has directed the proceedings to be according to the mode now proposed by the Managers on the part of the Commons.

5th. Because, even if no precedent had exifted, yet, from the new and diftinguishing circumftances of the prefent cafe, it would have been the duty of this Houfe to adopt the only mode of proceeding, which, founded on fimplicity, can enfure perfpicuity, and obviate confufion.

6th. Because we conceive, that the accepting the propofal made by the Managers would have been no lefs confonant to good policy than to substantial justice, fince by potifling the acknowledged right of preferring their articles as fo many fucceflive Impeachments, the Commons have an undoubted power of compelling this Houfe in future virtually to adopt that mode which they now recommend; and if they should ever be driven to fland on this Сс

VOL. XIII.

extra.ne

about ten minutes; after which they returned, and took their places in Court.

Mr. Fox then informed their Lordships, that the Managers appointed by the Houfe of Commons to conduct the profecution, chearfully fubmitted to the decifion of their Lordships, confident as they were, from a conviction of the goodness of their caufe, that let the proceeding take almost any course, most convenient and most advantageous to the prifoner, it was next to impoffible that they fhould not fucceed, and fail in their Impeachment. He faid, he felt a peculiar pride in ftanding before that ancient tribunal in the chara&er in which he thes had the honour to appear, viz. that of one of the Managers of a profecution voted by the Reprefentatives of the People, in the name of all the Commons of Great Britain. When he faid, he felt a pride on the occafion, no man would suppose he meant any perfonal vanity, but that proper price which every British fubject, of every degree, must naturally feel, in having fo ftriking an exanpie, that what was called the Lex et Gonfuetudo Parlamenti, the bulwark of the liberties, rights, and privileges, and of every thing that was dear to Englishmen, had provided fuch a means of bringing criminals of the higheft order to public trial, and, if found guilty, to condign punishment. He entered into a difcuffion of the nature and meaning of the Lex et Confactado Parliamenti (the law and ufage of Parliament), and afferted, that it was coeval with our Conftitution, and that it was, if rightly confidered, ef ftill greater importance than the common law of England, or even the written or fta

tutory laws of the Realm. He explained this by ftating, that the Lex et Confuetado Parliamenti was fuperior to every other species of law, fince it was paramount to all→ it judged the Judges, and put those upon their trial who could not be otherwife tried at all. Having very elaborately defined what the Law of Parliament was, and by a variety of arguments manifefted its ferious importance and great utility, he faid, notwithftanding these facts were matters of notoriety, and notwithstanding that recourse had been had to the Law of Parliament on a number of critical and preffing occafions, there were fome perfons who had lately, thought proper to affect an ignorance of the existence of the Lex et Confuetudo Parliamenti, and to treat it with no fmall degree of levity and contempt. Having taken occasion to affign this reafon for his illustration of a subject which, he said, could not otherwise have required a fyllable from him to explain to their Lordships, who must necessarily be as fully fenfible of the meaning and importance of the Law of Parliament as himself, he reminded the Court, that the prefent Impeachment was brought forward under circumstances that distinguished it from every other Impeachment, and gave it a degree of luftre and dignity that had not belonged to any former profecution of a fimilar fort.Their Lordships would recollect, that most if not all of the ancient Impeachments had been agitated on a fudden, in a moment of party rage and fury, and had been uniformly brought forward by the triumphant fide of the House of Commons, viz. by those who took the lead there, and were at the head of

extreme right, jealouses must unavoidably enfue between the two Houfes, whofe harmony is the vital principle of national profperity; public justice must be delayed, if not defeated; the innocent might be harraffed, and the guilty might escape.

7th. Because many of the reafons upon which a different mode of conducting their profecution has been impofed upon the Commons, as alledged in the debate upon this fubje&t, appear to us of a ftill more dangerous and alarming tendency than the measure itself, for afmuch as we cannot hear but with the utmost astonishment and apprehenfion, that this Supreme Court of Judicature is to be concluded by the inftituted rules of the practice of inferior Courts; and that the Law of Parliament, which we have ever confidered as recognized and reverenced by all who refpected and understood the laws and the constitution of this country, has neither form, authority, nor even exiftence; a doctrine which we conceive to ftrike directly at the root of all parliamentary proceeding by impeachment, and to be equally destructive of the established rights of the Commons, and of the criminal jurifdiction of the Peers, and confequently to tend to the degradation of both Houses of Parliament, diminish the vigour of public juftice, and to fubvert the fundamental principles of the conftitution.

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