proper for the mifchief they intended to effect."

It is remarkable, that the men who were the leaders, or fet on as part of that mob, likewife affembled under pretence of religion, and the falie and wicked cry then was, that the church of England was in danger, on account of the juft and humane indulgence, which, from the happy period of the Revolution, had been granted to diffenters.

"Upon the trial of Demaree, the cafes referred to before, were cited at the bar, and all the judges prefent were of opinion that the prifoner was guilty of the high treafon charged upon him in the indictment, For here was a rifing with an avowed intention to demolish all meeting - houfes in general; and this intent they carried into execution as far as they were able. If the meetinghoules of Proteftant diffenters had been erected and fupported in defiance of all law, a rifing in order to destroy fuch houfes in general, would have fallen under the rule laid down in Keiling, with regard to the demolishing all bawdyhouses. But fince the meetinghoufes of Protettant diffenters are by the toleration-act taken under the protection of the law, the infurrection in the prefent cafe was to be confidered as a public declaration by the rabble against that act, and an attempt to render it ineffectual by numbers and open force."

The objects of their attack were the meeting-houses of the diffenters; they were confidered by the judges to have declared themfelves against the act by which the

indulgences were granted, and as attempting to render it ineffectual by numbers and open force, and on that ground Mr. Juftice Fofter declares the judgment to be proper: all the judges concurred in it at the time, it has been refpected by pofterity, and its principle is neceffary for the prefervation of the conftitution, which we cannot but have felt the value of, in that moment when we have seen it threatened with, and in imminent danger of, immediate diffolution.

The calendar points out a number of prifoners who may be indicted (as appears from their commitments) for burning and pulling down, or beginning to fet fire to, and pull down, the King's Bench Prifon, the Houfe of Correction, and niue dwelling-houfes within the county; others may be charged with breaking open the gaols, and releafing the prifoners; others again may be charged with extorting money from individuals, under terror of the mob, which is clearly and incontrovertibly a robbery. As fome of you, Gentlemen, are by your profeffions, and all of you undoubtedly from your rank and flation, acquainted with the ordinary adminiftration of cri minal juftice, it is unneceffary for me to enlarge on the fubject of thefe felonies.

Burning a houfe, or out-houfe, being parcel of a dwelling-house, though not contiguous, nor under the fame roof, was a felony at the common law, and by flatute, the benefit of clergy was taken away.

To fet fire to any houfe, or out-houfe, though it is not burnt, is made a capital felony, by 9 Geo. I, chap, zz. And by ftatute 1 Geo.

1 Geo. I. chap. 5, called The Riot Act, 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 ftated, were very near this period, and the fame pernicious principles which had been inflilled 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 infilled into the people in the latter end of Queen Anne's time, had been continued to this time (the ac ceffion), and what a few years before had been mifcalled a Proteflant 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 ergaged 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 regiflered by the act of toleration, or any dwelling-houfe or out-house, was made a capital felony. And any perfons, to the umber of twelve or more, unlawfully, riotoully, 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 op portunity of mentioning a fatal miftake into which many persons have fallen. It has been imagined, becaufe 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 le giflature; nor does the operation of the act warrant any fuch effect. The civil magiftrates are left in poffeffion of those 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 per petrate an outrage amounting to felony, to pull down a houfe, 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 stop the mil chief, and to apprehend the of fender. 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.

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 done by the party himfelf, is a capital felony. This is a doctrine folemnly delivered lately by the judges, and I believe will never be doubted.

Taking goods or money againit 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 reason 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 juftify 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 circumstances 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 justice is always tempered with clemency.

Such is the ineftimable 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, Jofeph Lovell and Robert Lovell, were indicted for deftroying the houfe of Thomas Conolly, and were found guilty. They were gypfies.

William Heyter, for deftroying the dwelling houfe 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 Ambrose Long, for destroying 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, Susannah Howard, Samuel Lyman, and John Hyde, for deftroying the houfe of Paul Pemary, of Kent

fireet.

William Smith (late a brandymerchant) was tried for heading the mob who deftroyed Conolly's houfe.

Mr. Attorney-general informed the jury, that the prifoner had formerly been in bufinefs, but

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 past one on the 8th of June; they demolished the houfe, 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 houfe 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 obferve him there above ten minutes; faw him afterwards at the Ram's Head tavern; about half paft 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 cross examination, he faid it was about an hour after the beginning of the mifchief when he faw the prifoner; that the prifoner, 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 publichoufe his behaviour was decent and iober.

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 riotously and tumultuoufly affembling, and felonioufly 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 house of Margaret Cooper, in Kent-freet, on the 9th 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 houfe of M. Cooper; the latter recommended to mercy.

Saturday, July 15, Lord Chief Juftice Loughborough paffed fentence on thofe prifoners who had been convicted.

After which, Jofeph Haynes, for deftroying Conolly's houfe, was found guilty, but recommended to mercy. Six other prisoners were tried, and acquitted.

Monday, July 17, five prifoners were tried for demolishing the houfe of Benjamin Thomas, Efq; commonly called the King's-Bench prifon. Not guilty.

Tuesday, July 18, July 18, William Smith was a fecond time indiced, for