104 
most confidential. friends have de- 
elared their «disbelief, they vainly 
hope todivert the attention of a 
discerning public from their apos- 
tacy from principles, and their di- 
reliction of opinions, which paved 
their way to power, and for which 
they stood deliberately and repeat- 
edly pledged to a generous, confid- 
ing, and at last deluded people. 
Because, if the objects of that as- 
sociation, thus particularly aimed at. 
by his Majesty’s ministers, were not 
expressly justified by their former 
principles and professions as the act 
itself of associating to pursue those 
objects, is sanctioned by their for- 
mer conduct and example, [ should 
still see nothing in ‘it to discom- 
mend, but much to applaud, A 
moderate and temperate reform of 
the abuses of the constitution is due 
to the people, who being on their 
part just to the monarchical and 
aristrocratical branches of the con- 
stitution, who commit no invasion 
of the rights, and seek no abridge- 
ment of the powers of either, are en- 
titled to have their own share in the 
legislation of their country freed 
from the unjust usurpations of 
others, and to possess uninvaded, 
and to exercise uncontrouled by the 
other branches of the government, 
those rights which this happy con- 
stitution, in the matchless excel- 
Jence of its principles, has solely 
and exclusively allotted to the 
people. <A reform of such a 
character and description may 
lessen the means, and diminish the 
opportunities of corrupting legisla- 
tion, both in its source and in its 
progress; it may reduce the in- 
fluence by which unconstitutional 
ministers preserve their power, but 
it will save the nation from their 
profusion, and perpetuate that con- 
ANNUAL REGISTER, 
1792. 
stitution which all equally profess 
to venerate. Such a reform, I be- 
lieve, cannot, with perfect safety, 
be long delayed ;—the more readi- 
ly and cheerfully those rights which 
belong only to the people are re- 
stored by those who at present, in 
too many instances, possess and ex- 
ercise them, the more firm andesta- 
blished will be the present happy 
form of our government; the more 
safe from risque and danger will be 
the just prerogatives of the crown, 
and the peculiar acknowledged he- 
reditary privileges of this House. 
LAUDERDALE. 
Protest against the Bill to remove 
Doubts respecting the Functions of 
Juries in Cases of Libels, 
DIssENTIENT. 
tet A 5 Net habe the rule laid 
; down by the bill, contrary 
to the determination of the judges, 
and the unvaried practice of ages, 
subverts a fundamental and import- 
ant principle of English jurispru- 
dence, which, leaving to thejury the 
trial of the fact, reservesto the court 
the decision of the law, It was tru- 
ly said by Lord Hardwicke, in the 
court of King’s Bench, that if these 
came to be confounded, it would 
prove the confusion and destruction 
of the law of England. 
2dly. Because juries can in no 
case decide, whether a matter of re- 
cord be sufficient upon which to 
found judgment. The bill admits 
the criminality of the writing set 
forth in the indictment or informa- 
tion to be matter of law, whereup- 
on judgment may be arrested, not- 
withstanding the jury have found 
the defendant guilty. This shews 
that the question is upon the re- 
cord, and distinctly separated from 
the 
