"If it be contended, that during the vacancy of the office of attorney general, his authority, in this respect, devolves upon the solicitor general; it is answered, that no law book or judicial determination warrants that argument. It is admitted that there are some modern instances in the rolls of the Crown-office of informations filed by the solicitor general, ex officio, some of which describe the vacancy of the office of attorney general, as if that was the circumstance from which the solicitor general derived his authority, and raised to himself this power. But as the others are silent about such vacancy, they must prove a general original authority, or nothing; because if a special authority is to give the title, it must by the rules of law be set forth in the record, for nothing out of the record can warrant the judgment upon the record. There does not appear to be one instance of a litigation, or judicial opinion, concerning such informations filed by the solicitor general. | claimed or exercised the power; and as he appears to have had no warrant or authority whatsoever to act in this instance as attorney for the crown; it is humbly submitted by the plaintiff in error, that the informations in question were filed without any lawful authority, and for that reason are fundamentally bad and void, so as not to warrant any judgments upon them against the plaintiff in error." should have the king's warrant under his sign manual for the purpose; and yet the attorneygeneral can, by virtue of his office, stop it at once by a noli prosequi, which appears by the case of the King v. Benson, 1 Vent. 33. Sir Bartholomew Shower, fol. 120, says further, That in case of malicious prosecution, no action lies against the attorney or coroner, any more than against a grand juror or prosecutor; and the reason given for it is, because they are On the part of the crown it was said in anupon their oaths, and so says he, they (mean-swer, "That an information for an offence is a ing the attorney and coroner) are here as offi-surmise or suggestion upon record, on behalf cers upon record; and fol. 122, he says, the of the king, to a court of criminal jurisdiction, way of apprizing the Court is, by dedit curis and is, to all intents and purposes, the suit of hic intelligi et informari' before any process, the king; and that it would be difficult to aswhich is done by a sworn officer filed of sign a reason, why his majesty should not have record. equal liberty with the subject of commencing and prosecuting his suits, by those persons whom he thinks fit to confide in and employ. That the attorney and solicitor general are invested, by their offices, with general authority to commence and prosecute the suits of the crown: it is true, the attorney general, as the superior officer, has the direction and control of his majesty's prosecutions, in which the solicitor general seldom interferes; but it is equally true, that during the vacancy of the office of attorney general, all the suits of the crown, both criminal and civil, are commenced, prosecuted, and carried on by the Solicitor General. That at the time when these informations were filed against Mr. Wilkes, the office of attorney general was vacant, and consequently the solicitor general was the proper officer to exhibit them. But it is said, that the fact of the vacancy ought to appear upon the record: the only pretence for such an averment is to inform the court of the vacancy, as an inducement to receive the information from the solicitor general; but there is no necessity for that intelligence. The attorney general is, in truth, an officer of and has a place in the court of King's-bench, and the Court will take notice of the vacancy of the office; and there are multitudes of instances of suits commenced and prosecuted by the solicitor general on behalf of the Crown, without any averment or notice taken of the vacancy of the office of attorney general. But if the circumstance of an information being filed by the solicitor general furnished any real ground of objection to the prosecution, yet it was conceived, that the plaintiff in error was now precluded from availing himself of it; it could at most amount only to an irregularity, and the remedy must have been by application to the court to have the information taken off the file, or the proceedings stayed. It could never be a cause of demurrer, or of arrest of judgment, or a ground of error; and Mr. Wilkes, having pleaded to the offence, had waived any advantage of that irregularity. Besides, the solicitor general having, during the suit, been appointed Attorney General adopted the information, joined issue with the plaintiff in error, and prosecuted the suit to a conviction." "It appears upon the records, that the attorney general became the prosecutor of the present informations, before the judgments were given. But no adoption afterwards, by the attorney general, of these illegitimate offspring can sanctify their birth. If the informations were bad when they were filed, no subsequent act whatsoever could make them good. "Wherefore, as the legislature has not substituted, nor meant to substitute the solicitor general, or any other person or persons, in the room of the coroner, from whom they took this power, or in the place of the attorney general, during the vacancy of that office, as it was always in the power of the king to supply that vacancy at any moment he pleased; as the legislature has left the attorney general the only known officer in law, authorised to exhibit criminal informations er officio; as the solicitor general is no sworn officer of the court of King's-bench, either filed of record, or otherwise; as all the law-books are consistently silent, abont any power lodged in him for such purpose; as this power has of late time only been usurped by the solicitor general in some modern instances, and those too varying in their form,as if he did not know on what ground he 553. The Trial of JOHN ALMON, Bookseller, upon an Information, filed er officio, by William De Grey, esq. his Majesty's Attorney-General, for selling Junius's Letter to the King: Before the Right Hon. William Lord Mansfield, and a Special Jury of the County of Middlesex, in the Court of King'sBench, Westminster-Hall, on Saturday the 2d day of June, 10 GEORGE III. a. D. 1770. [Taken in Short-hand.*] COPY of an INFORMATION, filed Ex-Officio by into the utmost dishonour and contempt, and to WILLIAM DE GREY, esq. his Majesty's At-poison and infect the minds of his majesty's torney General, against JoHN ALMON, subjects, with notions and opinions of our said Bookseller, for publishing a Libel. lord the king, highly unworthy of our said Middlesex, Filed Hilary Term, 10 Geo. 3. lord the king, and of that paternal love and concern which he hath always showed and INFORMATION sets forth, That John expressed for all his subjects, as if our said Almon, late of the parish of St. James, lord the king had unjustly taken a part with within the liberty of Westminster in the some of his subjects against others, and had county of Middlesex, bookseller, having no unjustly prostituted the measures of his goregard to the laws of this kingdom, or the vernment to gratify personal resentment; and public peace, good order, and government also, thereby as much as in him the said John thereof, and most unlawfully, sediuously, and Almon lay to alienate and withdraw from our maliciously contriving and intending by wick- said lord the king that cordial love, allegiance, ed, artful, scandalous, and malicious allu- and fidelity which every subject of our said lord sions, suppositions and insinuations, to mo- the king should and of right ought to have and lest and disturb the happy state, and the shew towards our said lord the king; and also, public peace and tranquillity of this kingdom, most unlawfully, wickedly and maliciously conand most insolently, audaciously, and unjustly triving and intending, by wicked, artful, scandalto asperse, scandalize, and vilify our said pre-ous, and malicious allusions, suppositions and sent sovereign lord the king, and to represent, and to cause it to be believed, that our said sovereign lord the king had by his measures of government lost the affections of his subjects in that part of Great Britain called England, and in Ireland, and in his dominions of America, and brought the public affairs of this kingdom into a most distressed, disgraceful, and lamentable state and condition; and also, most unlawfully and maliciously contriving and intending to represent, and cause it to be believed, that our said lord the king had bestowed promotions and favours upon his subjects of that part of his kingdom of Great Britain, called Scotland, in preference to bis subjects of that part of Great Britain called England, and thereby to create groundless jealousies and uneasiness in his majesty's subjects of England, and also most unjustly to represent, and cause it to be believed, that our said lord the king had bestowed promotions and favours upon one part of his said majesty's army, commonly called the guards, in preference to another part of his army, commonly called the marching regiments, and thereby to create groundless jealousies, uneasiness, and mutiny, in that part of his army called the marching regiments, and to bring our said lord the king and his administration of the government of this kingdom, * Printed for J. Miller, in Queen's HeadPassage, Paternoster-row, 1770. insinuations, to traduce, scaudalize, and vilify the principal officers and ministers of our said lord the king, employed and entrusted by our said lord the king in the conduct and management of the weighty and arduous affairs of this government, and to represent, and cause it to be believed, that said principal officers and ministers had violated the laws and constitution of this kingdom, and adopted weak, oppressive, and infamous measures in the administration of the public affairs of this kingdom, and had brought distress and misery upon the subjects of this kingdom; and thereby to weaken and diminish the public credit, power and authority of the government, and also, as much as in him the said John Almon lay, contriving and intending to asperse, scandalize and vilify the members of the present House of Commons of this kingdom, and to represent them as an abandoned, profligate set of men, who had arbitrarily invaded the rights of the people, violated the laws, and subverted the constitution of this kingdom, and also as much as in him the said John Almon lay, to move, excite, and stir up the subjects of our said lord the king to insurrection and rebellion against our said lord the king, be the said John Almon, upon the first day of January, in the 10th year of the reign of our said present sovereign lord George the 3d, by the grace of God, of Great Britain, France and Ireland, king, defender of the faith, and so forth, with force and arms, at the parish of St. James aforesaid, within the liberty of Westminster aforesaid, in the county of Middlesex aforesaid, unlawfully, wickedly, seditiously, and maliciously did publish, and did cause and procure to be published, a most wicked, scandalous, seditious, and malicious libel intituled, The London Museum of PoJitics, Miscellanies, and Literature, in which said libel of and concerning our said present sovereign lord the king, and of his administration of the government of this kingdom, and also of aud concerning the public affairs of this kingdom, and also of and concerning the principal officers and ministers of our said lord the king, employed and entrusted by our said lord the king in the conduct and management of the weighty and arduous affairs of this government, and also of and concerning the members of the present House of Commons of this kingdom, are contained (amongst other things) divers, wicked, scandalous, seditious, and malicious matters (that is to say) in one part thereof according to the tenor following, to wit, "Ju nius's Letter to the **** (meaning our said lord the king). When the complaints of a brave and powerful people are observed to encrease in proportion to the wrongs they have suffered, when, instead of sinking into submission, they are roused to resistance, the time will soon arrive at which every inferior consideration must yield to the security of the sovereign, and to the general safety of the state. There is a moment of difficulty and danger, at which flattery and falshood can no longer deceive, and simplicity itself can no longer be misled. Let us suppose it arrived. Let us suppose a gracious, well-intentioned prince, made sensible at last of the great duty he owes to his people, and of his own disgraceful situation; that he looks round him for assistance, and asks for no advice, but how to gratify the wishes, and secure the happiness of his subjects. In these circumstances it may be matter of curious speculation to consider, if an honest man were permitted to approach his king, in what terms would he address himself to his sovereign. Let it be imagined, no matter how improbable, that the first prejudice against his character is removed, that the ceremonious difficulties of an audience are surmounted, that he feels himself animated by the purest and most honourable affections to his king and country, and that the great person, whom he addresses, has spirit enough to bid him speak freely, and understanding enough to listen to him with attention. Unacquainted with the vain impertinence of forms, he would deliver his sentiments with dignity and firmness, but not without respect. Sir, (meaning our present sovereign lord the king) it is the misfortune of your life, and originally the cause of every reproach and distress which has attended your government, that you (again meaning our present sovereign lord the king) should never have been acquainted with the language of truth, until you heard it in the complaints of your people. It is not, however, too late to correct the error of your education. We are still inclined to make an indulgent allowance for the pernicious lessons you received in your youth, and to form the most sanguine hopes from the natural benevolence of your disposi tion. We are far from thinking you capable of a direct, deliberate purpose to invade those original rights of your subjects, on which all their civil and political liberties depend. Had it been possible for us to entertain a suspicion so dishonourable to your character, we should long since have adopted a stile of remonstrance very distant from the humility of complaint. The doctrine inculcated by our laws, that the king can do no wrong, is admitted without reluctance. We separate the amiable goodnatured prince from the folly and treachery of his servants, and the private virtues of the man from the vices of his government. Were it not for this just distinction, I know not whether your my's (meaning majesty's) condition, or that of the English nation, would deserve most to be lamented. I would prepare your mind for a favourable reception of truth, by removing every painful, offensive idea of personal reproach. Your subjects, Sir, (again meaning our said present sovereign lord the king) wish for nothing but that as they are reasonable and affectionate enough to separate your person from your government, so you (again meaning our said present sovereign ford the king) in your turn should distinguish between the conduct, which becomes the permanent dignity of a k-g, (meaning king) and that which serves to promote the temporary interest and miserable ambition of a minister. You ascended the throne with a declared, and I doubt not, a sincere resolution of giving universal satisfaction to your subjects. You (again meaning our said present sovereign lord the king) found them pleased with the novelty of a young prince, whose countenance promised even more than his words, and loyal to you not only from principle but passion. It was not a cold profession of allegiance to the first magistrate, but a partial, animated attachment to a favourite prince, the native of their country. They did not wait to examine your conduct, nor to be determined by experience, but gave you a generous credit for the future blessings of your reign, and paid you in advance the dearest tribute of their affections. Such, Sir, (again meaning our said present sovereign lord the king) was once the disposition of a people, who now surround your throne with reproaches and complaints. Do justice to yourself. Banish from your mind those unworthy opinions with which some interested persons have laboured to possess you. Distrust the men who tell you the English are naturally light and inconstant, that they complain without a cause. Withdraw your confidence from all parties; from ministers, favourites, and relations; and let there ba one moment in your life in which you (again meaning our said present sovereign lord the king) have consulted your own understanding. When you (again meaning our said lord the king) affectedly renounced the name of Eng- lord the now king) are as much distinguished lishman, believe me, Sir, (again meaning our by a particular character as by your majesty's said lord the king) you were persuaded to pay favour. Like another chosen people they have a very ill-judged compliment of one part of been conducted into the land of plenty, where your subjects at the expence of another. they find themselves actually marked and divid While the natives of Scotland are not iu actual ed from mankind. There is hardly a period at rebellion, they are undoubtedly entitled to pro- which the most irregular character may not tection, nor do I mean to condemn the policy of be redeemed. The mistakes of one sex find a giving some encouragement to the novelty of retreat in patriotism, those of the other in devotheir affections for the House of Hanover. 1 tion. Mr. Wilkes brought with him into poliam ready to hope for every thing from their tics the same liberal sentiments by which his new-born zeal, and from the future steadiness private conduct had been directed, and seemed of their allegiance. But hitherto they have no to think that, as there are few excesses, in claim to your favour. To honour them with a which an English gentleman may not be perdetermined predilection and confidence in ex- mitted to indulge, the same latitude was allowclusion of your English subjects, who placed ed him in the choice of his political principles your family, and, in spite of treachery and re- and in the spirit of maintaining them, I mean bellion have supported it upon the th-ne to state, not entirely to defend his conduct; (meaning throne) is a mistake too gross even in the earnestness of his zeal, he suffered some for the unsuspecting generosity of youth. In unwarrantable insinuations to escape him. He this error we see a capital violation of the most said more than moderate men would justify, but obvious rules of policy and prudence. We not enough to intitle him to the honour of your trace it however to an original bias in your edum-y's (meaning majesty's) personal resentcation, and are ready to allow for your inexpe- ment. The rays of r-1 (meaning royal) indigrience. To the same early influence we attri- nation, collected upon him, served only to illu bute it, that you have descended to take a share minate, and could not consume. Animated by not only in the narrow views and interest of the favour of the people on one side, and heatparticular persons, but in the fatal malignity of ed by persecution on the other, his views and their passions. At your accession to the throne, sentiments changed with his situation. Hardly the whole system of government was altered, serious at first, he is now an enthusiast; the not from wisdom or deliberation, but because it coldest bodies warm with opposition, the hardest had been adopted by your predecessor. A little sparkle in collision. There is a holy mistaken personal motive of pique and resentment was zeal in politics as well as religion. By persufficient to remove the ablest servants of the suading others we convince ourselves. The crown, but it is not in this country, Sir, (again passions are engaged, and create a material afmeaning our said lord the king) that such men fection in the mind, which forces us to love the can be dishonoured by the frowns of a k-, cause for which we suffer. Is this a contention (meaning the king) they were dismissed but worthy of a k-? (meaning king). Are you could not be disgraced. Without entering into (again meaning our lord the now king) not sena minuter discussion of the merits of the peace, sible how much the meanness of the cause we may observe in the imprudent burry with gives an air of ridicule to the serious difficulties, which the first overtures from France were ac- into which you (again meaning our said lord cepted, in the conduct of the negociation, and the king) have been betrayed? The destructerms of the treaty, the strongest marks of that tion of one man has been now, for many years, precipitate spirit of concession with which a the sole object of your government, and if there certain part of your subjects have been at all can be any thing still more disgraceful, we have times ready to purchase a peace with the natu- seen for such an object, the utniost influence of ral enemies of ibis country. On your part we the executive power, and every ministerial arare satisfied that every thing was honourable tifice exerted without success. Nor can you and sincere, and if Ed (meaning England) (again meaning our said lord the now king) was sold to Fe (meaning France) we doubt ever succeed, unless he should be imprudent not that your m- -y (meaning majesty) was enough to forfeit the protection of those laws, equally betrayed. The conditions of peace to which you owe your cn (meaning were matter of grief and surprise to your sub-crown) or unless your ministers should perjects, but not the immediate cause of their present discontent. Hitherto, Sir, (again meaning our said lord the now king) you had been sacrificed to the prejudices and passions of others. With what firmness will you (again meaning our said lord the king) bear the mention of your own? A man not very honourably distinguished in the world, commences a formal attack upon your favourite, considering nothing but how he might best expose bis person and principles to detestation, and the national character of his countrymen to contempt. The natives of that country, Sir, (again meaning our said suade you to make it a question of force alone, and try the whole strength of government in opposition to the people. The lessons he has received from experience will probably guard him from such excess of folly; and in your m―s (meaning majesty's) virtues we find an unquestionable assurance that no illegal violence will be attempted. Far from suspecting you (again meaning our said lord the now king) of so horrible a design, we would attribute the continual violation of the laws, and even this last enormous attack upon the vital principles of the constitution, to an ill-advised, unworthy, ours the general contempt of the people is as fatal as their detestation. Such, I am persuaded, would be the necessary effect of any base concession made by the present H― of (again meaning the present House of Commous of this kingdom) and as a qualifying measure would not be accepted, it remains for you (again meaning our said lord the now king) to decide whether you will, at any hazard, support a set of men, who have reduced you to this unhappy dilemma, or whether you will gratify the united wishes of the whole people of England, by dissolving the p▬▬▬. personal resentment. From one false step you (again meaning our said lord the now king) have been betrayed into another, and as the cause was unworthy of you (again meaning our said lord the now king) your ministers were determined that the prudence of the execution should correspond with the wisdom and dignity of the design. They have reduced you (again meaning our said lord the now king) to the necessity of choosing out of a variety of difficulties;-to a situation so unhappy that you (again meaning our said lord the now king) can nei. ther do wrong without ruin, nor right without affliction. These worthy servants have undoubt-(meaning parliament) Taking it for granted, edly given you many singular proofs of their as I do very sincerely, that you (again meanabilities. Not contented with making Mr. Wilkes ing our said lord the king) have personally no a man of importauce, they have judiciously trans- design against the constitution, nor any views ferred the question from the rights and interest inconsistent with the good of your subjects, I of one man to the most important rights and think you cannot hesitate long upon the choice, interests of the people, and forced your subjects, which it equally concerns your interest and from wishing well to the cause of an indivi- your honour to adopt. On one side, you (again dual, to unite with him in their own. Let them meaning our said lord the now king) hazard the proceed as they have begun, aud your m--y affections of all your English subjects; you re(meaning majesty) need not doubt that the linquish every hope of repose to yourself, and catastrophe will do no dishonour to the conduct you (again meaning our said lord the now of the piece. The circumstances to which you king) endanger the establishment of your fa(again meaning our said lord the now king) are mily for ever. All this you venture for no obreduced will not admit of a compromise with ject whatsoever, or for such an object, as it Men of the English nation. Undecisive, qualifying would be an affront to you to name. measures will disgrace your government still sense will examine your conduct with susmore than open violence, and, without satisfy-picion; while those who are incapable of coming the people, will excite their contempt. prehending to what degree they are injured, They have too much understanding and spirit afflict you with clamours equally insolent and to accept of an indirect satisfaction for a direct unmeaning. Supposing it possible that no injury. Nothing less than a repeal, as formal fatal struggle should ensue, you (again meanas the resolution itself, can heal the wounding our said lord the present king) determine at which has been given to the constitution, nor will any thing less be accepted. I can readily believe that there is an influence sufficient to recal that pernicious vote. The H———— of · (meaning the House of Commons in this kingdom) undoubtedly consider their duty to the -n (meaning crown) as paramount to all other obligations. To us they are only indebted for an accidental existence, and have justly transferred their gratitude from their parents to their benefactors; from those, who gave them birth, to the minister, from whose Benevolence they derive the comforts and pleasures of their political life;-who has taken the tenderest care of their infancy, relieves their necessities without offending their delicacy, and has given them, what they value most, a virtuous education. But if it were possible for their integrity to be degraded to a condition so vile and abject, that compared with it, the present estimation they stand in is a state of honour and respect, consider, Sir, (again meaning our said lord the now king) in what manner you will afterwards proceed. Can you (again meaning our said lord the now king) conceive that the people of this country will long submit to be governed by so flexible a H of! (meaning the House of Commons.) It is not in the nature of human society, that any form of government in such circumstances, can long be preserved. In | once to be unhappy, without the hope of a com- |