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quested to know why the Lord Mayor had but the prohibition was in substance renot been brought forward as a witness? enacted (1st Mary, 2. c. 12 ), though with This “ flagrant civil war" took place in an inferior degree of punishment, making the City, and consequently under the the offence only single felony. Upon the jurisdiction of his Lordship. Why was he death of Mary it fell to the ground, but not called as a witness? Was the Attor- was revived by Elizabeth ; and the preney General afraid to call him? (“No, no, ainble set forth, “ That an Aot passed in froin the Attorney General.] Then he the last reign, for the preventing and puought to have been a witness, considering nishing unlawful and rebellious asserothe very active band he had in the supblies, should be revived," &c. The use pression of this war. All The Rebel army
of the word " rebellious,” pretty strongly in the City had been quelled, and this in indicated that there might be a degree of dividual was its last remnant; yet this was popular violence and lumalt, of such a seriously described as a "fagrant civil description as to deserve eren the name war.” It was impossible, morally impos. of rebellion, without, howerer, constitutsible, to hear such a description of this ing the crime of high treason. That Sta. miserable proceeding, and be grave. If tute, also, upon the death of Elizabeth, war existed, wbere was it levied ? Was fell to the ground; and, from that time til it in Spa-fields ? If the Jury credited the the reign of Georges. there was no Law of this account of Mr. Dowling, the short-hand country applicable to such offences. la writer, there was a war of words, but no. that reign the Riot Act was introduced; and thing else. But it was rather unfortunate he begged to call the attention of the Jury for Mr. Dowling that he had not been to the preamble of that Act. He would confirmed by a single witness; and he stake his credit as a Lawyer, that bis vier (Mr. Wetherell) denied utterly that such of the proceedings of the 20 December things had been said as were alleged. He was the same as the Law had always taken would venture to assert, and stake his le- of similar proceedings; namely, that, gal reputation upon the assertion, that being merely au undefined tumult, they mere force as force, mere tumult as to came within the meaning of the Riot Act, mult, unless specifically applied, did not and.not the Statute of Treasons. He amount to an offence which came within maintained, therefore, without fear of the Statute of Treasons. The Attorney contradiction, that rague tumults, like General, because he could not prove the those now charged against the prisoner, weaker case, was determined to prove the never were, by any Attorney General in stronger. He had no evidence to shew this country, raised up to the magnitude that the arms demanded by the rioters of Treason. He asserted that; and he dea were to be directed against the Crown, in fied the Attorney General or the Solicitor order to do some parricular thing: be General to disprove him by any prececould not prove that any particular Ma dents in the history of our Lars. If, gistrate or Privy Counsellor, or measure, therefore, the Jury valued consistency was to be attacked; and not being able to if they would save their country from the do so, he was resolved to prove every reproach of punishing one class of men as thing. To argue in such a manner, how- rioters, and another class of the same de. ever, was totally to forget the definition scription as traitors - if they would not of levying war. There was no difficulty batter down and annihilate the forces that in saying to what class of offences the had been reared by the wisdom of their crime of the prisoners, belonged; nor was ancestors -- their verdict must be an acit difficult to point out how it might be quittal of the prisoner. If once they gave punished. A riot might have some une to any government, however wise, and defined objects in view; but treason must temperate, and virtuous, it might be (alt have specific objects. He could ad wbich qualities he sincerely believed the duce a number of authorities in support present one to possess), such a power; of that argument. In the reign of Ed. what wogld become of their liberties, when ward VI. (Statute 3 and 4) it was made it was abused by a Government of a difhigh treason for any twelve
ferent description ? He should now adpersons to meet for the purpose of obo veit to another feature in the present case. taining any alteration of the laws, &c. by The Jury probably were not aware that force, if they did not disperse within an the transactions of the 2d of December hour aller proclamation was made. That were once characterised by the Aitorney Statute was the precise origin of the Riot General himself as a misdemeagour merely. Aet passed in the reign of George I. by Tbey did not know, perbaps, that the which the same description of offence was game of the prisoner then under trial was made liable to the same degree of punisho actually to be found in an indictment as ment. Upon the death of Edward, that a conspirator for producing a riot. And Statute was repealed by the 1st of Mary, he would ask, therefore, how it was that elti 1. among the other Treasons that had that which was considered only a misdeabeen created since the 25th Edward III. ; neancur at Hicks's Hall, should be trans
formed into treason in the King's Bench? given in evidence, the more strictly he Where were they, if such shiftings and compared the various points of testimony, changings were to be tolerated ? He cer. he, as he advanced, felt increase his in. tainly could not give a date for every por. ability to understand any thing assuming tion of information which the Government the character and complexion of a settled received; but within a fortnight of the plan of insurrection. He could, indeed, transaction all the particulars concerning see turbulent assemblages of the people, in it were communicated to the Treasury. the hour of great distress, discussing the But, Gentlemen of the Jury, will you nature of their grievances he could dissuffer an Attorney General of England to tinguish mischievousemiobs, in the delim found a prosecution for Treason? Will you rium of their phrenay, plundering the suffer the honour, the liberty, and the life, shops of their fellow-cilizeos; but he of a British subject, todepend upon the evi• could not find that which was essentially dence of that indescribable villain, Mr. Cas- necessary to support the indictment against tle? Will you add to the blood-money be the prisoners, and without wbich there has already earned? Will you increase could exist no Treason ; pamely,a delibethe trade and merchandize of a wretch who rate plan to overturn the State. If there lives only on blood? Will you, the guar- did exist such a settled plan and system, dians of the lives and liberties of your in what part of the proceedings can you fellow-subjects, betray them, because that trace its developement? Was it in Spacreature has been sworn before you will fields ? Was it in Skioner-street? Was you suffer him to immolate fresh victims? it in the Minories? In all these places Let me add, if you do, will the British nothing like plan was intelligible; and if publick endure it? -Mr. W. contended, not clearly and unequivocally intelligible, then, that every thing except what Castle then the transaction reduces itself into knew or invented was known to Govern. that undigested state of things, known ment before. He should like to know, under the designation of a Riot. In almost therefore, how a case, which was consi- every character of the alphabet you can dered as a Misdemeanour only before trace to him a double alliteration of crime, Castle was brought to light, became a He stands before you the confessed bully Treason when be was brought to light? of a bawdy. house, and acknowledged by Every thing must stand or fall upon the himself to be guilty of bigamy. Will testimony of Castle: and he should not you, Geutlemen, believe him? Can you consider whether that testimony was sup- credit this forger and felon, who, at the ported in this or that particular, but look moment that he stood before you, had at his broad and wholesale credibility. confessed himself to have worked out his He should be told, no doubt, that Castle own safety--to have owed his very existwas to be believed in those things which ence to the sacrifice he made of a confewere confirmed by other witnesses, but derate in a capital crime? lo your prenot in such as were unconfirmed. He sence he was forced, by examination, to would apply that doctrine, therefore, of confess himself guilty of larceny, even on confirmation and non-confirmation, to the one of the unhappy prisoners at the bar. testimony of that man. Might be oot, Therefore, following bim from his early too, for his own sinister purposes, have life, where he lived in one of those haupts prevailed upon young Watson, who was of moral depravity, in a capacity at which only 20 years of age, while the bawdy even the very dissolute, with one spark house bully was 40, to engage in schemes of manly feeling left, would revolt that were intended only as the instruments tracing him from the bawdy-house, in of his destruction? But the man was so which he was the abandoned bully, through utterly infamous, that he deserved not the ascending progress of his turpitudethe slightest credit. He regularly lied all after baving sacrificed to the earnings of over the town; wherever he went, lies his blood-inoney one miserable man, and travelled with him as his inseparable committed every description of guilt, he companions. He was a convicted liar in now presents bimself in a cause of High that very Court. In his evidence he said Treason as the witness of the Crown; pare there were thirty men who were addressed don me, not the witness of the Crown in by Thistlewood on the Tower walls. The its ordinary acceptation, but the fed, men themselves, the very men who were clothed witness of the Crown; wearing harangued, said there were but two: that on his body the apparel which Mr. Stafwas one sample of a lie. Again, he said ford, of Bow-street, had provided for him. there were two persons who addressed the Yes, Gentlemen, the very clothes on his soldiers; it was proved there was only back are the incipient wages of that blood. one. He contended, indeed, that the money of that remuneration whicn, as evidence of Castle remained unconfirmed a price, he has set oo the lives of the un. in every point of importance. The more fortunate prisoners at the bar, and which closely he canvassed all that had been he did not deny that on their sacrifice be Gent. Mag. Suppl. LXXXVII. Part I.
did expect to receive. Let him be wrong Meeting in Spa-fields was over, yet that in the legal view; still the fact was, that Gentleman would tell them that Castle up to a given time, Misdemeanour, not told him the Tower was in their pose Treason, was the character given to the of- session an hour before. Had not Provi. fence. He had stated the opinions of al. dence, or Mr. Hool's own circumspection, most every Writer- of every Judge upon protected him from such an attempt – the subject of Treason, and he called upon bad be but turned his curricle - could the Solicitor General to add to the cata. this detested reptile bave mixed him onlogue, or to disprove the conclusion, that consciously for a single moment in the an undefined Riot, though accompanied mob-instead of being here attending as a with outrage, was not Treason. He would witness, he would most certaioly have not take the Law from the Attorney stood at the bar, to multiply the victims General; neither would he allow the in- of that indescribable villain.' Then would ference, that, if the prisoners at the bar this C. P. S. become a confirmatory eri. could not explain the whole of these pro- evidence against him, or against any of ceedings, 'Treason was to be presumed. those persons whose names were inserted If that were the principle, all those restric- in that paper. Can any man bare a tions which the wisdom of the Law bad doubt but that paper was drawn out for placed upoo prosecutions for High Treason that villainous and diabolical purpose ? were of no avail. The learned gentleman and what a warning does it hold out to having adverted to the evidence of Castle, gentlemen of high honour and distinas to meeting Mr. Hunt in Cheapside, guished integrity, whom the warmth of said, he would call that Gentleman, who their politics might lead to associate thenwas subpænaed by the Crown, and who selves at public meetings with miscreants ought to have been examined, to confirm, of that description! Had Sir Francis Barnoi indeed the veracity, but the falsehood, dett (he mentioned the name with respect), of that miscreant. Whatever might be for instance, not prudently abstained the warmth and indiscretion of Mr. Hunt's from accepting the invitation of attending politics, no man had attempted to cast the Spa-fields Meeting, was it not possible au imputation on his moral character, or that he might be mixed in this conspiracy bis claims to veracity; and from his lips by the oath of such a criminal, to be conthe Jury should bear, that though Castle firmed by this paper of C. P. 5.? said (feeling fully the tendency of the The Verdict of the Jury-Not Guilty question) that he only told Mr. Hunt the has been already noticed, p. 560.
CIRCUITS OF THE JUDGE S.
SUMMER Home. NORFOLK. (NORTHERN. WESTERN. MIDLAND. OXFORD. CIRCUITS,
LdEllenbro' L.C. Justice L. C. Baron B. Graham J. Bayley J. Park 1817. J. Dallas J. Abbott B. Wood J. Burrougl J. Holroyd B. Garron
Abingdon Tuesday 15
Winchester Northampt. Wednesd. 16
Oxford Friday 18
Oakham Saturday 19
York & City N. Sarum Linc. & City Wor.&City Monday 21
Dorchester Thursday 24 Hertford Bedford
Nott. & town Stafford Saturday 26 Huntingdon
Exeter and Derby Monday 28|Chelmsford Cambridge
Leic. & Bor. Shrewsbury Thursday 31
Bury St. Ed. Satur. Aug. 21
Durbam Bodmin --[Warwick
Hereford Saturday 9 Lewes
Newcastle Bridgwater Tuesday 12
Monmouth, Wednesd. 13 Croydon Saturday 16 Carlisle Bristol
Glou. & City Saturday 23
Appleby Wednesd. 27
wite of Cornelius Stolker, esq. a dau. June 28. George Manners, esq. Con- 30. In Upper Seymour-street, the wife of sul in the State of Massachusetts.
Major Fane, M.P. a son.
Lalely. At Southampton, the lady of CIVIL PROMOTIONS.
Sir William Walter Yeo, bart. a son. Mr. Hawes, Master of the tlemen at his Majesty's Chapel Royal,
MARRIAGES. vice Smith, resigned.
March ... At the Cape of Good Hope, Patrick Copland, Professor of Natural Joseph Luson, esq. Agent to the East InPhilosophy in Marischal College, Abere dia Company, to Catherine Maria, dau. of deen.- Dr. Robert Hamilton, Professor of Peter Laurence Cloete, esq. of Cape Town. Mathematics, vice Copland. - Mr. John May 1. At Gibraltar, Robert Henry Cruickshank, assistant and successor to Birch, esq. Major in the Royal Artillery, Dr. Hamilton.-Rev. Daniel Dewar, LL.D. to Georgiana, second dau. of George Sky., Professor of Moral Philosophy in the Uni- ring, esq. Major in the same corps. versity and King's College of Aberdeen. 3. Ai Halifax, Nova Scotia, C. Martyr,
esq. Agent for the Royal Naval Hospital ECCLESIASTICAL PREFERMENTS. there, to Miss M‘Lean, daughter of the Rev.s. Goddard, Archdeacon of Lincoln. late Major M‘Lean,
Rev. William Kendall, Framborough 29. Capt. J. B. Gardiner, 50th regt. Perpetual Curacy, co. York, vice Heble. to Anna Maria, only dau. of the late Rev. thwayte, deceased.
Isaac Gosset, D.D. of Newman-street. Rev. Charles Nourse Wodehouse, M.A. June 3. Capt. Wilson, R.N. son of the a Prebendal Stall in Norwich Cathedral, late Judge Wilson, of How, near Kendal, vice Dr. Pretyman, deceased.
to Dorothy, dau. of Charles Gibson, esq. Rev. W. É. Protheroe, Stoke Talmage of Quermore Park, co. Lancaster. R. co. Oxford.
5. Lieut. Thiballier, 35th regt. son of Rev. Henry Small, Rector of the Abbey the late Col. Thiballier, to the only daughChurch, St. Alban’s.
Denis, esq. of Waterford, and Rev. Richard Pretyman, Precentor of niece of Sir Philip Musgrave, bart. Lincoln Cathedral.
John Beverley Robinson, esq. SolicitorRev. J. Aspland, M. A. Earl's Stonham general of Upper Canada, to Emma, only R, Suffolk.
dau. of Charles Walker, esq. and niece to Rev. S. Forster, D.D. Shotley R. Suffolk. the Deputy-Secretary at War.
Rev. Thomas Hart, M.A. Ringwood V. W. Mills, esq. eldest son of T. Mills, co. Southampton.
esq. of Great Saxham Hall, Suffolk, to Rev. John Henry Renouard, M.A. Or. Clara Jane, second dau, of Rev. Richard well R. co. Cambridge.
Huntley, Rector of that parish. Rev. G. A. Browne, M.A. Chesterton V. James Crichton, esq. Commander of the co. Cambridge.
Lord Lyndoch, to Catherine, youngest dau, Rev.John Cook, B.D. Ockley R. Surrey. of the late A. Small, D.D. Minister of Kila
Rev. Charles James Blomfield, M. A. conquhar, co. Fife. Great and Little Chesterford united Rec 6. Henry Powys, esq. eldest son of tory, Essex.
- Powys, esq. of Hardwicke, co. OxRev. W. S Bradley, Barton St. David's ford, to Julia, third dau. of Fitzwilliam BarV. with Chard V. Somerset.
rington, esq. of Calbourne, Isle of Wight, Rev. W. B. Williams, M. A. Boyle's and niece of Sir Jobo Barrington, bart. Lecturer.
7. William Sanders Paterson, esq. of
Durnsford Lodge, Surrey, to Louisa, dau. BIRTHS
of the late John Bridge, esq. of Winford June 1. At Park House, Scotland, the Eagle, co. Dorset. wife of Lieut.-col. Gordon, a son.-6. At
Capt. William Henderson, R. N. to the Chateau of Bethusy, Switzerland, the Margaretta, second daughter of Joha wife of George Lowther, esq. a dau. – 13. Henderson, esq. In Piccadilly, the wife of Capt. Paxton, 9. Brigade-major Rice Jones, Royal 3d guards, a son. - At Deal, the wife of Engineers, to Jane, dau. of Richard Jones, Capt. Smith, H.M.S. Alert, a son. - 14. esq. of Aldgate. At Chichester, the wife of Capt. Schom 11. Thomas Fairfax Best, esq. eldest berg, R.N. a son.-16. In South Audley. son of George Best, esq. of Chilston Park, street, the wife of Dr. Badham, a son. - to Margaret Anna, third day. of George 20.
At Paris, the wife of Lieut. - col. Brelt, esq. of Grove house, Old Brompton. Wylly, A. A. G. a son. - 21. At Naish 14. The Earl of Kintore, to Juliet, house, the wife of Philip John Miles, esq.
third day, of the late Robert Renny, esq. a son.-23. In Highbury Place, the wife of Borrowfield. of Joseph Huddart, esq. a dau.-24. At Capt. Beverley Robinson, Royal ArtilCheltenham, the wife of Capt. Hancock, Jery, to Charlotte Aubrey, eldest dau. of C. B. R.N. a 800.-25. At Rotterdam, the Joha Peyto Shrubb, esq. of Guildford.
OB ITU A R Y.
generally respected for his integrity and Died, lately, at bis bouse at Sydney, benevolence--a nao, by whose death soEllis Bent, esq. M. A. Judge-Advocate of ciety in general has lost a link of a most the colony of New South Wales. The cha valuable chain - a man, who must not racter of this justly-lamented magistrate, pass away from life without such a tribute who was removed from lise at the early age to bis benevolent character as our Obiof 32, by a disorder occasioned, probably, tvary can supply. To scatter a flower on by the intenseness of his application to the the grave of departed worth, and with a arduous duties of his profession, was one of tear to sprinkle it, is a sad, but not onno common interest; which appears to have pleasing task. To the strictest moral and been formed by a combination of circum- religious principles, Mr. Corbet joined the stances peculiar ta hiinself. Distinguished, best affections of the heart : warm, siaduring the course of the preparatory studies cere, and steady in his friendships; the for his profes.ion, by unremitted applica most affectionate of husbands, the kịndest tion, and the consequent attaiument of of fathers; an indulgent master; a gene. Jiterary eminence, and, at the same time, rous landlord ; to the needy a mosi liberal by a temper rather pensive and abstract and constant benefactor. His manners ed, he had not been called to the bar four were the most gentlemanly and unassumyears when he was appointed to a situa. ing i his disposition the most amiable and tion which, to such a mind as bis, must cheerful: aflection for his family, the wel. have been, perhaps, the most interesting fare and amusement of his friends, and in which he could have been placed. The benevolence to all mankind, constituted great principle which seems to have occu the happiness of his life. For many years pied his mind, and animated his exertious, previous to his death be had led a retired was the contemplation of an intellectual life; but his hospitable table was ever open and moral process, in which he himself to a few select friends, who esteemed him was actively concerned, and in the com when living, and will feel bis loss with pepletion of which all the best interests of culiar regret. The poor, who frequently the human race were involved. Mr. partook of his upostentatious bounty, Judge- Advocate Bent bas left bebind him will shed a tear of sympathy on bis bier. a widow and five young children (one of The sudden rupture of a blood vessel on which was born since his death), his fa the brain was the fatal cause of Mr. Cor. ther (Robert Bent, esq.), his mother, three bet's death; a calamity which assailed sisters, and his brother (Jeffery Bent, esq. him on the preceding day, whilst in his who, being Judge of the Court of Equity, usual bealth, and surrounded by his famiattended his funeral as chief mourner),
ly. The most skilful medical assistance to lament his loss. As in domestic and was instantly obtained; but human aid social life he discharged every relative was fruitless, and at the end of a few duty with a glow of affection which neces. short hours, society was deprived of one sarily kindled a return of affection, so in of its brightest ornaments. -- Peace to his public life he discharged the duties of his shade! and may " Goodness and be fill elevated and important situation with that up one monument !" uprighiness of principle, and with that To the preceding character a Correjustice, tempered with mercy, which ren spondent enables us to add the following dered him the object of universal respect. particulars :--The remains of the late Joha
- The Report of the Committee of the Corbet, esq. of Sundorne Castle, were on House of Commons on the state of the Monday the 26th of May removed from Colony of New South Wales, their appro Muddiford, Hants, to be interred in the bation of the arrangements suggested by family vault at Battlefield, Salop. Mr. him in the legal department, and the ap Corbet was a gentleman well knowo be. pointmeni of his brother to the office of yond the precincts of his own county, judge of the newly - instituted Court of particularly in Warwickshire, where, at Equity--are standing testimonials of the his sole expence, he kept a pack of foxopmion which tras entertained of his abi bounds for nearly 50 years, and where, by lity and integrity; and the grief which his liberal and gentlemanly conduct, he was occasioned by his death appears by conciliated the respect and esteem of all the account which is given in the Sydney ranks. In his own couuty Mr. Corbet will Gazeite of his funeral, which was attended not only be lamented by a numerous by the Governor, the Officers, civil and tenantry, to whom he was the best of military, and by the general population landlords, but also by a large circle of of the place.
friends and acquaintance, to wbom bis
hospitable doors were ever opeo. To the JOHN CORBET, Esq. (See p. 570.) poor he was a liberal and unceasing beneAt Muddiford, Hanis, at an advanced factor; and, in every sense of the word, age, John Corbet, esq. of Sundorne, Salop: he may truly be said to bave kept up the a man almost universally known, and as character of the jodependent country gen