1 Geo. I. chap. 5, called The Riot At, the offence of beginning to pull down buildings, by twelve, or more perfons, is made a capital felony. And having mentioned the riot act, let me fay a few words upon it. The two cafes which I have flated, were very near this period, and the fame pernicious principles which had been instilled into the minds of the loweft orders of the people, were kept alive by the arts of faction. It is not lefs true than remarkable, that the fame feditious fpirit which had artfully been inftilled into the people in the latter end of Queen Anne's time, had been continued to this time (the acceffion), and what a few years before had been mifcalled a Proteftant Mob, was now a mob trained, excited, and actually employed to defeat the Proteftant fucceffion. In every mug-house, in every dark alley, and lurking corner of fedition, in this great town, artful and defigning men were engaged in exciting this mob to the deftruction of the conftitution; and therefore this act was framed to make the beginning of mifchief dangerous to the perpetrators of it. To begin to pull down any place of religious worship, certified and registered by the act of toleration, or any dwelling-house or out-house, was made a capital felony. And any perfons, to the number of twelve or more, un. lawfully, riotoufly, and tumultuoufly affembled, being commanded or required to difperfe by the magiftrate, and continuing together for one hour after fuch command, are declared guilty of felony, without benefit of clergy. But here I take this public opportunity of mentioning a fatal mistake into which many persons have fallen. It has been ima gined, because the law allows an hour for the difperfion of a mob to whom the riot act has been read by the magiftrate, the better to fupport the civil authority, that during that period of time, the civil power and the magiftracy are difarmed, and the king's fubjects, whofe duty it is at all times to fupprefs riots, are to remain quiet and paffive. No fuch meaning was within the view of the legiflature; nor does the operation of the act warrant any fuch effect. The civil magiftrates are left in poffeffion of thofe powers which the law had given them before; if the mob collectively, or a part of it, or any individual, within and before the expiration of that hour, attempts or begins to perpetrate an outrage amounting to felony, to pull down a house, or by any other act to violate the laws, it is the duty of all prefent, of whatever defcription they may be, to endeavour to ftop the mifchief, and to apprehend the offender. I mention this, rather for general information, than for the particular inftruction of the Gentlemen whom I have now the honour of addreffing, because the riot act I do not believe will come immediately under your confideration: Fame has not reported that it was any where, or at any time, read during the late dif turbances. In all cafes of burning or pulling down buildings, the being prefent, aiding, abetting, and encouraging the actual actors, though there be no act proved to be be done by the party himself, is a capital felony. This is a doc. trine folemnly delivered lately by the judges, and I believe will never be doubted. Taking goods or money againft the will, under the terror of a mob, is felony. Of all thefe offences you are to enquire, and true prefentments make. The character and esteem in which the Gentlemen I have now the honour of addreffing are juftly held by their country, render any admonition from me on the fubject of your duty fuperfluous; in you it has long placed a confidence, nor will it, I am perfuaded, on this occafion, have reafon to repent it. I have to remind you, that it is your duty only to enquire, whether the party accufed is charged with fuch probable circumftances as to justify you in fending him to another jury, who are appointed by law to hear the evidence on both fides, and to fay, whether the perfon charged be guilty or not of the crime imputed to him in the indictment; and if upon fuch trial, any advantage can be derived from the nicety or caution of the law, or any favourable circumftances appear, it will be as much the inclination, as it is the duty of the learned and reverend judges with whom I have the honour of being in commiffion, to ftate fuch circumftances. And if the laws declare them guilty, the offenders may ftill have recourfe to that fountain of mercy, the royal breaft, where juftice is always tempered with clemency. Such is the inestimable bleffing of a government founded on law, that it extends its benefits to all alike, to the guilty and the innocent. To the latter the law is a protection and a fafe-guard; to the former it is not a protection, but it may be confidered as a houfe of refuge indeed there cannot be a greater proof of the excellence of that conftitution, than by adminiftering its benefits to all men indifferently. Proceedings of the Commiffion at St. Margaret's-Hill. Tuesday, July 11th, Joseph Lovell and Robert Lovell, were indicted for destroying the houfe of Thomas Conolly, and were found guilty. They were gypfies. William Heyter, for deftroying the dwelling-house of Alexander French, in Eaft-lane, June 7th, and found guilty, but recommended to mercy; but Baron Eyre did not approve of this recommendation. Charles King and Ambrofe Long, for deftroying Conolly's houfe. King was found guilty; Long acquitted. Wednesday, July 12. This day nine prifoners were tried, feven of whom were capitally convicted, viz. Edward Dorman, Thomas Murray, Henry Wadham, Mary Cooke, Sufannah Howard, Samuel Lyman, and John Hyde, for deftroying the houfe of Paul Pemary, of Kent street. having met with misfortunes, was now out of bufinefs; that from his appearance it might be concluded, he would not himself be active in the work, while better inftruments might be found; but that it would be proved that he was, in fact, the leader and exciter of the rioters. Robert Chafers, of Tooleyftreet, about ten doors from Conolly's, depofed, that the mob came there about half paft one on the 8th of June; they demolished the house, and threw out the furniture, afterwards put it in two carts, carried it away, and burnt it; that he knows the prifoner, faw him oppofite the house with his hat in his hand, and rather exulting when any particular act was done, fuch as pulling down part of the front; faw him twice whirl his hat, but did not observe him there above ten minutes; faw him afterwards at the Ram's Head tavern ; about half past three fomebody faid, "Soldiers were coming, and the mob would foon be difperfed." The prifoner faid, Five hundred prifoners had been releafed from the King's-Bench, and were coming from the Halfpenny Hatch (about three minutes walk) to join them.” The prifoner and most of the rioters had blue cockades. On his crofs examination, he faid it was about an hour after the beginning of the mischief when he faw the prifoner; that the pri foner, when in bufinefs, lived very near the fpot; when he was in the Ram's Head tavern he feemed in liquor, but did not, in the leaft, fee the prifoner give any advice or direction to the mob. At the public-houfe his behaviour was decent and fober. William Smith, Mr. Scott, Mr. Bolton, of the Green Park coffeehoufe, and feveral others, appeared to the prifoner's character. The jury found him not guilty. Thursday, July 13, eleven prifoners were tried, nine of whom were capitally convicted, viz. Benj. Rowland, George Fletcher, William Imbeft, Samuel Jordan, Oliver Johnfon, Robert Lovel, Richard Millar, James Palmer, and Elizabeth Collins, for riotoufly and tumultuously affembling, and feloniously beginning to pull down the dwelling-houfe of Laurence. Walsh. Friday, July 14, feven prifoners were tried, five of whom were capitally convicted, viz. John Davis, and Theodore Atkinfon, for pulling down the houfe of Margaret Cooper, in Kent-ftreet, on the gth of June. John Barton, for pulling down the house of Edward Dodd, in Lombard - ftreet, in the Mint; recommended to mercy.. Henry Penny and John Bridport, for demolishing the house of M. Cooper; the latter recommended to for that he, with divers others, did begin to demolish and pull down the house of Mr. Matthew Cafey, Eaft-lane, Tooley-ftreet, on the 7th of June laft. He was acquitted. Lord Loughborough afterwards addreffed the convicts in a very affecting manner. Two of the prifoners, he said, had been recommended to mercy, but there was one of them (Bridport) who, having been found guilty of a capital crime, ought not to expect any mercy. The part of his duty, which he would execute with the greatest pleasure, would be, he faid, to reprefent at the foot of the throne, fuch favourable circumstances as had appeared in the trials. But he obferved, as in compaffion and juftice to all the people of the kingdom, it was impoffible to fhew mercy to all that had been condemned, he advised each convict to look upon himself as one of those who were not to experience any mercy. Remarkable Actions at Sea. Admiralty-office, July 22, 1780. Extract of a Letter from the Honourable Captain Waldegrave, of his Majesty's Ship La Prudente, to Mr. Stephens, dated Spithead, July 18, 1780. N the 4th inftant, being on a cruize with the Licorne in company, at ten o'clock A. M. Cape Ortugal then bearing fouth by weft, distance 24 leagues, the Licorne made the fignal for feeing a fail to the N. W. and a thick fog then difperfing, we discovered a large fhip bearing down to us : I immediately made the fignal to chace, foon after which the Chace hauling her wind, being then only fix miles diftance from us, we clearly difcovered her to be a large frigate, which from her conftruction we concluded to be French. As we had light winds and calms the whole day, it was half paft eleven P. M. ere I found myfelf within close pistol fhot of her. The fignals fhe now made, both with rockets and lights, convincing me that she was an enemy, I immediately began to engage her; and at half past four A. M. fhe hauled down her colours to his majefty's fhips La Prudente and Licorne, She proved to be La Capricieufe, a French frigate, eight days from L'Orient, pierced for 44 guns, but mounting only 32; complement 308 men. She was launched in March laft, measured 1100 tons, and was one of the fineft frigates I ever faw. I am very forry to fay, that the condition of the prize was fuch (as their lordships may obferve from the report of the furvey) as rendered it impracticable to efcort her to England. Indeed the very heavy lofs I have fuftained in the action, and unfortunately having 20 fick on fhore and many on board, made it abfolutely impofible for me to give her the neceffary affiftance for that purpofe; I therefore, after removing the prifoners, fet her on fire. Finding from the condition of my fhip the utter impoffibility of executing my orders, I have therefore given directions to Captain Cadogan, Cadogan, the commander of his majefty's fhip Licorne, to put them into immediate execution. Notwithstanding our feeming fuperiority, I hope the return of the killed and wounded will fufficiently evince, that my officers and fhip's company have acquitted themselves in the moft gallant and Spirited manner. Indeed I feel 'tis impoffible to do juftice to their merits. In juftice to Lieutenant Banks of the marines, I must beg leave to obferve to their lordships, that his party behaved with the utmost fleadinefs and bravery, keeping up a regular and conflant fire from the beginning of the action, till neceffity called them to the great guns, where they fhewed an equal fhare of fpirit and good order. But while I am thus giving thofe well-deferved encomiums to his Britannic Majefty's fubjects, I fhould feel myself in honour bound to give his enemies, on this occafion, the merits they are fo truly deferving, did not the condition of the hip, and the heavy lofs they have fuftained, fufficiently fpeak their praifes. I muft beg leave to add, in honour to M. de Cheavel, who commanded La Capricieufe at the time fhe furrendered, that the colours were not hauled down till the fhip had five feet water in her hold. Monf. de Ranfanne and Monf. de Fontaine, the first and fecond captains, both fell in the action; but as to their farther lofs, we are as yet ignorant, being unacquainted with the number of prifoners on board the Licorne; but from a rough calculation of their officers, they must have at least 100 killed and wounded. It is with infinite. concern that I acquaint their lordhips, that Lieutenant Ellifon ftands foremost on the lift of the wounded, having been very feverely bruifed in the back, and his right arm carried off by a fhot. I must beg leave to recommend his misfortunes, and the great intrepidity he fhewed during the action, to their lordfhips moft particular attention. A lift of the killed and wounded on board his majesty's fhip La Prudente. Killed. Mr. John Difmond, Mr." Seamen Marine 4 12 1 Total 17 Wounded. Mr. Jofeph Ellifon, fe- 1 cond lieutenant Mr. William McCarty, midshipman Seamen Marines Seamen Marine 25 4 Total 31 Since dead of their wounds. I Total killed and wounded 48 LICORN E. 3 killed; 7 wounded. I am, &c. WM. WALDEGRAVE. Pursuant |