The Sun. — London, England, 1824-04-23 00:00:00

• • , r \ll l i 4 jki 0 , 0 o• 4.r:...0 .)j v..... 1. -__. . ----s - --- ... T , / 011.7%-i z FRIDAY, APRIL 23, 1824. PRICE SEVENPEic*Ch: NUMBER 9863. NEW ARGYLL ROOMS. R. HAWES most respectfully announces to the Nobility, Gentry, and his Friends in general, 'that his CONCERT will take place at the above Rooms on FRIDAY NEXT, 30th April. Tickets, Half-a-Guinea each, may be had at the Royal Harmo- Ma Institution, Regent-street ; Birchall's, and Chappell's, New Bond-street ; Power's, Strand ; Goulding's, Soho-square ; Preston's, Dean-street, Soho; Clernenti's, Cheapside ; Betts', Royal Exchange; and of 31r. Hawes, 7, Adelphi Terrace. Full. Particulars may be obtained at all the principal Music TRE PALLADIUM LIFE Ati D FIRE AS SURANCE SOCIETY. Capital. £2,000,000 Sterling. DIRECTORS. EDWARD HYDE EAST, Bart. F. R. S. M. P. Chairman. Colonel JOHN BAILLIE, M. P. Deputy Chairman. 4osinDu Pre Alexander, Esq. W. R. Keith Douglas, Esq. M.P M.P. John I.::Anderdon, Esq. Neil Benj. Edmonstone, Esq. George Arbuthnot, Esq. Joseph Esdaile, Esq. John Bent, Esq. M.P. John Williamson Fulton, Esq. Samuel Bosanquet, Esq. Thos. Houldsworth , Esq. M.P. Henry Browne, Esq. F.R.S. Capt. H. Rater, F.R.S. Sir W. Champion De Cres- Chas. Elton Prescott, Esq. pigny, Bart. M.P. Peter Reierson, Esq. Sir Wm. Congyeve, Baronett, Alex. Robertson, Esq. 31. P. M.P. Samuel Skinner, Esq. Col. T: H. H. Davies, Esq. Col. Mark Wilka W. Bodycott Davis, Esq. Sir Wm. Young. Bart. AUDITORS. David Barclay, Esq. Frederick Manning, Esq. Henry Dance, Esq. Baxains—Messrs. Bosanquet and Co. Messrs. Coutts and Co. IATEIEMATICAL INSPECTOR—Thos. Young, M.D. F.R.S• • PHYSICIAN—Thos. Young, M.D. F.R.S. ASSISTANT PHYSICIAN—James Bartlet, M.D. STANDING COUNSEL—OIiver Anderson, Esq. Sulty EYOR—Samuel Beazley, Esq. RSS IgENT Andrews, Esq. The object of this Institution is to combine the advantages of t hose previously established-, to give the Assured that inflaence in the management of the affairs of the Society which their im portant interests demand, and to superadd the paramount prin ciple of taking science exclusively for its guide in that part or its °Perationa which so peculiarly require it. The Insurances of the Society will be confined to those classes in both departments which the most careful investigation has demonstrated will at once afford additional security and adyan 41cto the assured and increased profit to the Proprietary. he Society will grant Annuities, Endowment from Child , Sr-v. and purchase Annuities, Reversions , and other Con .. Imgent Interests. Instructions for Policies will be received at No. 10, Regent street, and at Messrs. Bosanquet and Co.'s, until the offices of the Society are ready for the reception-of the Establishment. BARK.—wlirrru , wooD AND SALCEY FORESTS, NORTHAMPTONSHIRE. - .By Order of the Commissioners of His Majesty's Woods, Forests, and Land Revenues. TO BE SOLD BY AUCTION, .At the SARACEN'S HEAD INN, OLD STRATFORD, at Twelve o'Clock, on THURSDAY, the 29th of April, 1824, in different Lots. THE BARK of Sundry OAK TIMBER TREES, about to be felled for the use of the Navy, ;And for Sale. Mr. Capes, of Sbroh Lodge, Whittlewond Forest, Deputy Surveyor of the said Forests, and the Keepers of the re spective Walks, will shew the Trees to be felled to such Per sons as shall be desirous of viewing the same; and Cata logues and Conditions of Sale may be had of Mr. Capes ; at the Place of Sale; and of John Day and Son, Auctioneers, - 3tony Stratford. THE WESTMINSTER REVIEW, No.II WILL BE PUBLISHED on MONDAY - , the stilt,. This Day were published, Its Three Volumes, I2mo. price 21$ . hoards, T RIALS; a Tale.—By the Author of " The Favourite of Nature," &c. &c. To man in this his trial state, The privilege is given, When tort by tides of human fate, To anchor fast on Hcaven.—WATTS. Printed for G. and W. B. Whittaker, Ave Maria-lane. This Day were published, in 12tno, price 4s. 6d. boards, THE • ATROCITIES o f t h e PIRATES ; being a faithful Narrative of the unparalleled Suf ferings endured by the Author during his Captivity among the Pirates of the Island of Cuba; with an Account of the Excesses and Barbarities of those inhuman Freebooters, By AARON Who was himself afterwards tried at the Old Bailey as a Pi- . - - rate, and acquitted. Printed fur G. and W. B. Whittaker, Are Maria-lane. In a few Days will be published, In One Volume, Bro. with Plates, THE WONDERS of ELORA ; or, the Nar rative of a Journey to the 'Temples and Dwellings ex cavated out of a Mountain of Granite, and extending up wards of a mile and a quarter in length, at ELORA, in the East Indies; by the Route of Poona, Ahmed-Nuggur, and Toka, returning by Dowlutabad, and Aurungabad. With general Observations on the People and Country. •Ry J . B. SEELY, Captain in the Bombay Native Infantry, and late in the Mi litary Service of his Highness the Rajah of Nagpore. " Shall then this glory of the antique age, This pride of men, be lost among mankind." AKENSIDE. " In lately perusing the MS. Journal of oneoftTienost : accomplished Visitants of India, we were struck with regret and surprise, that in Daniel's Prints, and Sir C. Mallet's Mensurations, the Public have no description of the Region of Wonders which lies within a few mites of the Godavery : the remains of iturugzebe's magnifience at Auriinialmd, the unparalleled Fort of Dowlutahad, and the Excavations of Elora, which dispute with the Pyramids the first place among those works which are undertaken to display power and to embody feeling, without being subservient to any purpose of ut ility."—(Edinburgh Review, No. 50.) Printed for G. and W. It, Whittaker, Ave Maria-lane. THE GRAVEL AND STONE, LUMBAGO, &e. lIICKMAN'S PILLS are allowed to be the moat successful Preparation for effectually removing an 4 preventing the future recurrence of those Disordets which arise from an imperfect action of the Urinary Organs, a , s Gravel and Stone, Lumbago, Pain s in the Bach and Loins, ?suppression of Urine,&c. Composed of the most innocent ?ingredients, this truly valuable Medicine relieves the suffer ing patient from the excruciating tortures of those diseases without . any violence or injury to the Constitution, and re quires no confinement or restraint of diet daring its use. It ss an t of the oldest Public Medicines extant ; and its pecu liar virtues an d e ffi cacy have uniformly maintained the highest reputation. Sold in Boxes, at 2s. 9d. and Its. by Butler's, Chemists, 4 , Cheapside, St. Paul's, 220, Regent-street (near the Argyle Rooms), London; Waterloo place, Edinburgh ; Saclutlle street, Dublin ; and by the Princip4l Medicine Venders tliroashoot the United Eiogdom. LAW INTELLIGENCE. COURT OF KING'S BENCH, APRIL ?I POYAIS BONDS.—M‘GREGOR v. LOWE. This was an action to recover money had and received for the plaintiff's use. The plaintiff Mr. M'Gregor, or Sir G. M`Gregor, who claims a tract of country on the Spanish Main, sought by this action to recover from the defendant, Mr. Lowe, certain sums of money alleged to have passed through his hands as the agent for rais nig a loan of 100,000/. by bonds, secured upon the supposed territory and bank of Poyais. Witnesses were examined to prove that scrip was sold by the defendant, and that money was paid into the hands of bankers. Tke LORD CHIEF JUSTICE inquired whether the parties who engaged in the business had ever seen the settlement of Poyais. He was told that a map had been produced in Scot land by Mr. lil`Gregor, but it did not appear that any settle ment under the name of Poyais was known to be in exist ence at the time the public were invited to purchase Poyais stock. His Lordship was of opinion that neither of the parties could support any claim, arising out of a transaction which ap- , peared a mere delusion or bubble, and without suffering the cause to proceed further, his Lordship directed a nonsuit —The plaintiff was accordingly nonsuited. THE KING V. TAGGART AND BASCOW. This was an indictment against Mr. J. Taggart, a Gentle man of fortune, residing at Chiselhurst, and .1. Bascow his ser vant, for contravention of a statute made for the purpose of pre venting corrupt interference in the appointment of persons to offices under the East India Company. The prosecution was at the instance of the East India Com pany, and the indictment charged the defendants with taking a promise from John Morgan of 1001., for the interest of Mr. Taggart, in procuring a cadetship for a young Gentleman named Frederic Bennett. It appeared that a Mr. Morgan, re siding in Wales, was the friend of Bascow, who had lived many years as butler in the service of Mr. Taggart, and was considered a confidential servant, having some influence with his mastbr. Morgan wrote a letter, in which he said—" I shall be glad if you can get a place for a friend of mine. Mr. Taggart may not have any person to use his influence for, and I will guarantee one hundred guineas down, and to remunerate you for all loss. lam certain every confidence may be placed in the secrecy of the parties, and if you like to have it done, I should be happy to add two hundred and fifty guineas to your Exchequer." The person Morgan wished to serve was a Mr. Pritchard. Bascow applied to his Master, and Mr. Taggart wrote to Mr. Bell, Of the India House, recommending Pritchard as his godson to the Cadetship. Pritchard was appointed, but died. Morgan, after the death of Pritchard, saw Bascow, and said he wish Fre derick Bennet might be substituted instead of Pritchard, on the same terms. The young man got his appointment, and his brother paid Morgan 100 sovereigns, who, instead of paying the money to Bascow, gave him a bill of exchange. The bill was not honoured, as 3lorgan became insolvent, and Bascow applied to the Brother of Mr. Frederick Bennett, begging him to pay the money to him, and proceed against Morgan to re cover that which had not been paid. The application was, however, unsuccessful. Mr. Charles Bennet said he was sorry for the loss, but the expence of fitting out his brother had been so great that he could not comply. These were the facts of the case. All the witnesses who had seen Mr. Taggart described him to he a Gentleman advanced in years, of a friendly humane disposition, possessed of a largo fortune, and not a mercenary man. Mr. SCARLETT addressed the Jury in behalf of Mr.Taggart„ and contended that no proof of a corrupt motive was to be traced to that Gentleman who had merely used his interest at the soli citation of an old and faittiiil servant. The COMMON SERJEANT was heard for Bascow, the servant. The LORD ClifEr JUSTICE left the Jury to decide, whe ther, upon the evidence, they believed Taggart knew his servant acted for a bribe. If there was any doubt on that question, they ought to find him not guilty. With respect to the servant thew was little doubt. The letter, and taking the bill of .exchange, proved his intention. •The Jury retired from the box about twenty minutes, and on their return found Mr. Taggart Not Guilty, and Bascow, the servant, Guilty. LIBEL.—DANKES v. CLENEXT• Mr. GURNEY stated that this was an action brought by the plaintiff to receive compensation in damages for a false, scan dalous, and malicious libel, inserted in the Morning Chronicle newspaper of the 14th of November, 1823. -The plaintiff is a lace-manufacturer, in a large way of business at Bermondsey ; and the publication complained of reflected upon his character in a very serious manner. He was in the habit of procur ing apprentices from the parish, and the libel imputed to him that he employed children of too tender an age, and that their treatment was such as was not consistent with a regard for their health or humanity. In consequence of some representations which were made to the Magistrates of the county of Surrey, a deputation from this body visited and in spected the factory. Mr. Bankes had some secret enemy, and it would probably appear, in this inquiry, who that enemy was. —lt would be shewn that every attention was paid to the com fort and care of the children. The defendant pleaded in justi fication, that the statement was true. The libel stated that there were 30 charity children employed in this manufactory under 9 years of age, and who were kept at work for 12 hours a-day, and that the . l Alagistrates had expressed their disappro bation of this system. The paragraph went on to say, that it was to be hoped the subject would he brought before Parlia ment, as it would be more humane to cut the throats of the children than that they should continue in such a condition.— Mr. Gurney contended that this statement was unfounded, as he would prove in evidence. Robert Joseph Chambers, Esq. a Magistrate of Union-hall, examined by Mr. CasarnELL (he appeared greatly affected.) —He stated that he inspected the manufactory in Bermondsey of the plaintiff, on the 27th of October last; there were four or five other Magistrates present besides himself; they occupied one or two hours in inspecting the manufactory; the situation was airy ; witness told Mr. Bankes the bed-rooms were crowd ed, and he would require a certificate from the parish officers from time to time when he applied for apprentices.—[This witness was exceedingly agitated, and wept during the whole of his examination.l The A T l' ORNET-GENERAL communicated to his Lordship, that the brother of Mr. Chambers was on the point of death. Cross-examined by the AT TORNET-GEliEltAL.—He re quired of Mr. Bankes to be allowed to inspect the manufactory before 'apprentices' were bound ; Mr. Bankes said he should take care that the children were instructed in reading and writ ing. Witness was never there before the 27th October. Mr. Peel's Act was put in. William Bankes, brother to the plaintiff; superintended the plaintiff's manufactory. In October last there were thirty ap prentices ; ten had been bound from Mary-la-bonne. The others were on trial. The youngest was about nine and a half, the oldest about fourteen. There was only one under ten. There . were several- female superintendants. The hours of work in summer were from seven in the morning till eight in the even. ing ; and in winter from eight to eight. If the children were not clean the work would be injured. The children were al lowed three quarters of an hour to breakfast ; an hour and a half to dinner ; and half an hour to tea. They had meat for their dinner five days in the week, and soup two. The other meals were tea and bread and- butter. The orders from the plaintiff and witness as to the quantity were, to give them as much as they could eat. Bibles, testaments, prayer-books, copy-books, &c. were provided for the children. The house keeper heard them read before a schoolmaster was appointed, which was arranged as early as possible. The children were heard to read by the housekeeper every day. [A f rame was here produced, and the witness described the manner in which the work was performed.]—The children went to the parish church on Sundays. Two of the children weekly did the domestic work, so far as they were able from their years. Cross-examined—Witness is not in partnership; has a fixed salary ; believes Mr. Chambers expressed his disapprobtttion at the place not being sufficiently ventilated. Believes Mr. Chambers expressed disapprobation at the children sleeping three in a bed, contrary to the Act of Parliament. NO copies of the Act were hung up in the factory. The work is chiefly with cotton ; cannot say exactly the proportion. The children use a great deal of thread, but not quite so much as-cotton. Will not swear tile proportion is one-tenth. When the Gen tlemen attended, the children were not at all working horizon tally; will not swear how many were sloping. The time set apart for reading was after the hours of work. Saw the article in the The Moaning Chronicle about two days after it ap peared. Ke e Lrreed. in 7 Cannot he T i say that his re co ; brotherrecollect t tol d positivelyh n li e whether hads een his 1 brother said he had seen it in any other paper. The witness was pressed very much on this point, but he persisted in saying he did not recollect. The business is going on well now, but it had been much interrupted. Mrs. Elisabeth Dowling, housekeeper of the establishment, sworn.—The children were washed twice a week, not exactly all over; they were instructed in the Scriptures as far as wit ness was able to expound them; there were plenty of bibles and prayer-books. They went to church twice on Sundays, and the children were always well except bead ashes. Witness took the same care of th em as i f t h ey h a d b een h er own chil dren. The clothing they had they brought from the parish.— There is a large garden for them to play in. They play there before and after dinner. Cross-examined by Mr, o c CARLETT—Has a very arduous situation, but not trying to temper; delights in it ; now and then the boys tell neg.-4 lying three in a bed. A laugh.)—ApprLved of the children Sarah Andell, one of the teachers of the establishment, cor roborated the preceding witnesses. What salary do you re ceive? I decline to answer to that question.—Do you receive any? Yes.—And you will not say how much? I receive enough to satisfy me for my trou bl e .—Y ou may re ti re . Colonel Gaitskill, one of the Magistrates for the county of Surrey, examined. Attended with other Magistrates to inspect the plaintiffs manufactory. Some objections were made to the children stooping over the frames. Observed generally they were clean. Witness objected to the children sleeping three in - a bed, and that in the workhouse of his parish he would never suffer it. The minutest inquiry was made into the state of the factory and the condition of the children. Mr. Bankes expressed his readiness to adopt any suggestion the Magistrates might make. Cross-examined.—Went to inspect the factory on the 27th of October; found the other Magistrates there. Witness does not recollect that Mr Bankes objected to the visit of the Ma gistrates, and saying that they had no right there. The chil dren appeared healthy and decent-looking children, about nine Or ten years old. There were none, in witness's opinion, under nine; there seemed several about that age; they were at work. Witness thinks the frames were all horizontal. After inspecting the factory, the Magistrates retired by themselves into the parlour, when some objections were made to the em ployment of children of such tender age, and recommended sonic relaxation. In that all were agreed. There was a paper drawn up by Mr. Chambers, expressing the opinion of the Magistrates. Witness objected to any of his own parish chil dren being bound, until he knew what wages the apprentices could earn when they were out of their time. Mr. Bankes pointed out, that according to their proficiency they might get 14, l@, and 18 shillings a week. The children appeared healthy and clean. Mr. Nottage, also a Magistrate of the county of Surrey, exa mined.—His evidence was to the same effect as that of the preceding witness. Mrs. NlTright sworn.—Works at Mr. Bankes's factory. The children appear equal to the work they arc called upon to per form ; as two children of her own ; the children are kept as the children of every family should be. Mr. Gtritifa Y.-A question has been asked about the size of the child:ex ; now I have every one of them here. Let the children walk in. The children were introduced accordingly. They looked •healthy, clean, orderly children, and some of them seemed not a little pleased with the novelty of their situation. The youngest appeared very small. 31r. 'W. Bankes stated that those were the same children as were employed at the manufactory on the 21th of Octoher. Edward . Whittington is assistant to the Overseers of the workhouse of,The parish of Mary-la-bonne. Witness went on the 19th of-September to inspect the manufactory, and found it very. spacious, healthy, and a desirable situation. The witness produced the indentures, and stated that ha was the subscribing witness. The lion. and Rev. Edward Tumour examined.—ls a 'Ma gistrate for the county of Middlesex. Has inspected the ma nufactory twine—once on the llth of January. Went over it, but as it was on a Sunday, did not see the children at work. Mr. Whittington recalled.—Saw the indentures executed— i cannot say on what day, but after the :27th day of October, and belidvcs after the 11th of November. Ilia Counsel for the defendant having taken a legal objection as to the manner in which the indentures had been executed, The LORD CUIET JUSTICE observed, if the allegation was immaterial, proof was not necesoiary ; but if it was a material e a n t. e n t i i r that ou t g h l e i o i u n t d e all . n allegation, proof must be given. The allegation "of a nd con cerning" the plaintiff in his business, and " of and concern i ng his of the said ai: T p t r l e lo n u ti . c a c; ethe mployment e t n h t e tare was not .executed according to law, until after the 27th of Oct., and probably not until after the nth of November. Mr. CAMPBELL submitted that the objection was not ma terial, and if it were, the allegation in the first count had been established. The Libel itself was a sufficient admission. Cllr. GuuNEY followed on the same side. 3lr. CIIITTY argued to the same purport. The AT replied to the arguments on the other side, and contended that the objection was well founded. He then addressed the Jury-, li e was ready to make an admis sion on the part of the defendant, that proper attention had been paid to the health and comfort of the children. 31r. GunNE f said, as the only object of Mr. Bankes was to giveindi the Jury no f urt h er trou bl e . and would he was sati s fied with this admission, Jclttitreorhwisascltilaireanctwerit,hdrawn. MIDDLESEX SESSIONS. Yesterday Mr, Richard Williamson, Sergeant- Major in the West Middlesex Militia, was indicted for as saulting Mr. Archibald Henry Stewart, late Lieutenant in the 18th Native Infantry, East India Company's Service. - - Mr. Stewart stated that a Mr. Strickland, formerly Sergeant- Major in the W r est Middlesex Militia, requested him, on the 9th February, to attend a meeting of the non-commissioned offi cers of that corps, for the purpose of settling some money mat ters; he accordingly proceeded to the depOt, at Uxbridge, and found there Capt. Brew and several other persons; finding they could not agree he was about to retire, when Capt. Brew desired him to stop, and called a Sergeant, who stated several things which he, ire Stewart, had reported of the regiment. Captain Brew then laid down a whip, and gave witness the choice either of jumping over it, or making his exit by the window. Wit ness declined either of these methods, kicked the whip on one side, and took the safer mode of escaping by the door . ; in doing which the defendant laid hold of hirn, and pushed him into the passage, and when the outer door wtits opened, he shut it against him so violently, as almost to pitch him down the steps. Cross-examined.—He had understood that Captain Brew hail sent for him to attend. He hai left the army seven years. Captain Brew read a letter of his, and it was in consequence of that he put down the whip. Mr. John Strickland stated that the officers of that corps owed him between 3001. and 4Q01., and upon making applica tion for the money, Captain Brew requested him to send a friend to arrange die accounts; he accordingly pitched upon Mr. Stewart, whom he authorised to treat with the officers. Witness saw the defendant assault Mr. Stewart. Cross-examined.--Witness was tried by a court-martial for lending the officers money, and in consequence of the advice of the Duke of Portland, he left the regiment." He had been reduced from a Serjeant Major to Serjeant, and the defendant succeeded him. lie had been in the service thirty-three years. Mr. ADOLyIIUS, on. behalf of the defendant, said, it was in consequence of something disrespectful which Mr. Stewart had said of the corps, that he was not considered a proper person to treat with, and therefore he was ordered out of the house; but he would produce witnesses who would prove that the defendant was not even near enough to touch the prosecutor. The Learned Counsel called Captain Brew, Surgeon Thornton, Ser jeants Robinson, Windle, Kingston, Barnes, and Hopping, and Corporal Reynolds, in support of his statement. The defendant was found guilty, and sentenced to pay a fine of 5/. with permission to speak to the prosecutor, (which signi fies that by paying one moiety to the prosecutor, the other moiety is remitted.) Defendant—l have served his Majesty many yearn, and have received his money ; therefore, 1 would rather pay the whole back again to the King than one farthing to Stewart.—The de fendant then paid the 51. WARD OF CIA EA'.—On Wednesday a Ward mote of the Inhabitants of the Ward of Cheap was held for the :purpose of choosing a tit person as Itepresetative in the Coin. mon Council in the room of Mr. deceased.—Xtir. SIIITII MIS ChOSell WitkOUt Opposition. 'THE VAGRANT ACT, In RELATION to the LIBERTY of the SUBJECT. Our readers are aware that a very violent cla mour was some time since raised against the ex isting Vagrant Act, in consequence of the occur rence of certain magisterial decisions, which were almost universally admitted to have been not only harsh, but ill-advised, and perhaps even alto gether beyond the intent of the Legislature in ' enacting the law. We ventured, however, at that the cases the very moment when the popular excitement p was provisions s t i o its s height,of the Act,o defend an d t o argue the principles and of alleged abuse which had occurred in its admi nistration, by no means proved that the law itself t was vicious in its nature, or ill calculated, if ad ministered with discrimination and prudence, to effect the truly important purposes for which it was framed. We also suggested the very great probability that the Magistrates, instructed by the extensive discussion of the merits and spirit of this particular law, to which the unfor tunate cases adverted to had given rise, would most likely abstain from a repetition of those de cisions which had proved so offensive to the pub lic, and some of which were certainly not very consistent with our ideas of substantial justice. - This latter expectation has been fully realized. The Vagrant Act still continues in operation, ithout any one case of real or supposed hard ship having for many months arisen from its en forcement, notwithstanding the immense number of persons who are liable to its penal regula tions. The question of its utility, therefore, and of its consistency with justice, and with the spirit of the Constitution, having at length come to be considered with more temper and moderation, we are happy to see that two able pamphlets, the first entitled " The Vagrant Act in Relation to the Liberty of the Subject," and the second a " Postscript" to the former, have been issued by a Barrister, who has completely proved that the present law is much more mild in its spirit, as well as better adapted to its object, than any of the same kind that has preceded it at any period of our history.—The following extracts will serve to illustrate this branch of the defence of the existing law : " In the reign of the Conqueror, it would seem, from the Saxon Chronicle, that this country justly prided itself on the infrequency of crime, " amongst other things (it is observed in that work) is not to be forgotten the good peace that he made in this land, so that a man of any account might go over his kingdom unhurt with his bosom full of gold." The first statute that we meet with expressly for the regulation of police, is the Statute of Winchester, in the thirteenth of Edward 1., in which we find the following enactments :—" no one is per mitted to lodge in the suburbs of the town except in the day time, nor even then except his host answer for him. Bailiffs • to make inquiry of persons so lodged every week or fifteenth day, and if suspected persons arc found, to do right therein ; strangers are to be detained by the watch till the morning," and other useful provisions of the like nature. By the 11 H. 7. c. 2. "- Vagabonds, idle and suspected per sons, shall be set in the stocks three days and three nights, and have none other sustenance, but bread and water, and then shall be put out of the town; and whosoever shall give such idle person more shall forfeit twelve-pence. Every beggar not able to work shall resort to the hundred where he last dwelled, is best known, or was born, and there remain, upon pain aforesaid." By the 22 Hen. 8. c. 12. it was provided, " That if any per son being whole and mighty in body and able to labour, was taken begging, or vagrant, and could give no reckoning how he lawfully got his living, he might be brought before a Justice of the Peace, High Constable, Mayor, or other Officer of the place, who might direct him to be whipped out of the place at the end of a cart till his back was bloody." And by a statute passed in the twenty-seventh of the same reign, those who were found a second time in a state of vagrancy, were not only to be whipped, but to have the gristle of the right ear clean cut off. Notwithstanding the severity of these laws, the country still appears to have suffered from the great increase of these "valiant vagabonds," in consequence, in all probability, of the dissolu tion of the religious houses, at whose gates the aged beggar and the young idler had been alike accustomed to find relief. To suppress this growing evil a measure was resorted to of which we give the preamble, on account of the stateliness of its eloquence, and the principal enactment for its complicated cruelty. " For as much as idleness and vagabondry is the mother and root of all thefts, robberies, and all evil acts and other mischiefs, and the multitude of people given thereto, hath always been here within this realm very great, and more in number (as it may appear) than in other regions, to the great impoverishment of the realm, and danger of the King's Highness's subjects ; the which idleness and vagabondry all the king's Highness's noble progenitors, Kings of this realm, and this High Court of Parliament, hath often anti with great travel gone about anti as sayed with godly acts and statutes to repress ; yet until this o ur time it bath not h a d the success which had been wished, but partly by foolish pity and mercie of them which should have seen the said godly laws executed, partly by the perverse nature and long-accustomed idleness of the persons given to loitering, the said godly statutes hitherto have had small effect, and idle and vagabond persons being unprofitable members, or rather enemies, of the commonwealth, have been suffered to remain and increase and yet so do, whom if they should be punished by death, whipping . , imprisonment, and with other corporal pain, it were not without their desserts, for the example of others, and to the benefit of the commonwealth ; yet if they could be brought to be made profitable and do ser vice, it were much to be wished and desired."—The statute then enacts," that whatsoever, man or woman, being not lame, impotent, or so aged, or diseased with sickness, that he or she cannot work, nor having lands or tenements, fees, annuities, or any other yearly revenues, or whereon they may find sufficient ly their livings, shall either, like a serving man wanting a mas ter, or like a beggar, or after any such other sort, be lurking in any house or houses, or loiter or idly wander by the highway side, or in streets, cities, towns, or villages, not applying themselves to some honest and allowed art, science, service, or labour, and so do continue by the space of three days or more together, and not offer themselves to labour with any that will take them ac. cording to their faculty ; and, if so man otherwise will take them, do not offer themselves to work for meat and drink, or, after they be so taken to work for the space agreed betwixt them and their masters, do leave their work out of convenient time or run away, that then every such person shall be taken for a vagabond, and that it shall be lawful for every such master offering such idle person service and labour, and that being by him refused, or who bath agreed with such idle person, and from whom,, within the space agreed of service, the said loiterer hath run away or departed before the end of the covenant between them ; and to any other person espying the same, to bring or cause to be brought the said per son so living idle and loitering, to two of the next Justices of the Peace there resiant or abiding, who hearing the proof of the idle living of the said person, by the said space living idle as beforesaid, approved to them by two honest witnesses or confession of the party, shall immediately cause the same loiterer to be marked with a hot iron in the breast the markof V. and ad judge the same person living so idle, to such presentor to he his slave, to have and to hold the said slave unto him,hisexecutors or assigns for the space of two years then next follo win g , and to order die said slaves as followeth ; that is to say, to take such personsyslave b radju dge d dwater t e s r l aovre small i t with drink, the said as he shall think meet ; cause the said slave to work by beating, and h gi r v ef in wse g of meat chaining, or otherwise, in such work - artiet labour (hOvriile. soever it be) as lie shall put him unto." And if any naanner of slave, either for loitering - or for the cause - before rehearsed, so adjudgedolisil, within the space of the said-two year§ hereap pointed, run away, depart, or absent him from his said matter by the space of fourteen days together, Without a licenee, it shall not only be lawful to his said master to pursue and fetch him .again by.virtue ofthis act, but also to punish such fault by chains or beating as is aforesaid ; and against the detainer, if any man -do willingly detain hire knowing hiM to be a slave as is aforesaid, to have an action of trespass, and recover there by in damages ten pounds, besides the costs and charges of the suit for so detaining his said slave. And, , further, every such master showing and proving, by. two sufficient witnesses; the said offence and fault by his running away, before two justices of the peace for the same county, whereof . one . to be of the the same justices shall cause stich4lare, or loiterer, to`be marked on the forehead, or on the ba.ll of the cheek, with an hot iron, with the figure of ari S. that he May be known for a loiterer and runaway, and shall adjudge the loiterer and run away to be the said master's slave for ever. And:if such slave shall the second time run away, or be absent himself, if the said mister shall approve the same second time running away, with two sufficient witnesses, before the justices of the peace, in their general and quarter session, then every such fault and running away to be adjudged felony, and such loiterer .apd runaway to be taken as a felon, and thereof being lawfully ;n -dieted and attainted, or otherwise condemned, to suffer pains of death, as other felons ought tp do."-1 Ed. G. c. 3. This savage act was in the course of two or three years re pealed, and the 22 lien. 8. revived. In the reign of Elizabeth, the evil again increased to such a height "as to threaten the existence of social order. In some counties, bands of these beggars assembled together to the number of three to four hun dred, bent on plunder, to the great terror of the people, who were obliged to watch day and night to protect their flocks and corn from these lawless marauders *. ,or are we much sur prised at such disgracefid insubordination, when we find the Justice of Peace of that day described, as " a living creature, who, for half-a-dozen chickens, would dispense with a whole dozen of penal statutes t." But what these " capon-lined" and timid .Justices shrunk from doing, the Queen herself, in a spirit quite worthy of her father, undertook to do, and forth with issued the following warrant, which in violence might vie with the thunder of the Vatican i A. D. 1595. Elisabeth, by the Grace of God, &c. To olrr trusty and well-beloved servant, Sir Thomas Wyllford, Knight, greeting. Forasmuch as we understand that of late there has been sun dry great unlawful assemblies of a number of base people of a riotous sort, both in our City of Londoz and in the suburbs of the same, and in other parts near to our said city, for the sup pression whereof, although there bath been some proceedings in ordinary manner by the Mayor of the gait' city, and sundry offenders committed to several prisons, and have also received corporal punishment by direction and order of our Council in the Star Chamber at Westminster ; and for the stay of the like tumults to follow, we have also, by our proclamation published the fourth of this month, charged all our Justices and other officers having charge of the keeping of the peace to have spe cial regard to the inquisition for all that hereafter shall attempt to commit the like offence, and specially for the apprehension of all vagrant persons, and them to comulit to prison and pu nish according to the laws of our realm. Yet for that the insolency of many of the kind of desperate offenders is such, as they care not for any ordinary punishment. by imprisonment and other severe punishment inflicted en them ; therefore, We find it necessary to have such notable, re bellious, and incorrigible persons to be speedily suppressed by execution to death, according t o th e justice of our martial law- and, therefore, we have made choice of you, upon special trust of your wisdom, discretion, and other qualities meet for this purpose, to be our Provost Marshal, giving you authority ; and so we command you, upon signification, given to you by our Justices of Pence in our City of London, or of any place near to our said city, in our Counties of Middlesex, Surrey, Kent, and Essex, of such notable, rebellious, and incorrigible offenders worthily to be speedily executed by martial law, to attack anti take the same persons, and in the presence of the said Justices, according to justice of martial law, to execute them upon the gallows or gibbet, openly or niur to such place where the said rebellious and incorrigible offenders shall be found to have committed the said great offence. And furthermore we authorize you to repair with a conve nient company into all'commonhighways near to our said city, where you shall understand that any vagrant persons do haunt, and calling to your assistance some convenient number of our justices and constables abiding about the said places, to appre hend all such vagrants and suspected persons, and them to de liver to the said Justices, by them to be committed and exa- • mined of the causes of their wandering, and finding them no toriously culpable in the unlawful manner of life, as incorrigi ble, and so certified to you by the said Justices, you shall by our law martial cause to be executed upon the gallows or gib bet some of them that are so found notorious; and incorrigible offenders, and some such also of them as have manifestly broken the peace, sithence they have been judged and cOn deaaned to death for former offences, and have had our pardon ibr the same. And we further command as well the Mayors and Sheriffs, and all other officers within our said city, and other our Justices of Peace, and common officers in any place near our said city, to be aiding and assisting to you in the exe-• cution of the premises, as they will answer thereto at their peril; and of your doings to advertise our council from time to time. And this our authority committed to you to continue in force until that we or our Council shall signify unto you our pleasure to determine the cause. And these presents shall be your warrant and discharge in thy behalf. In witness whereof, &c. Two years afterwards the statute of the 39th Eliz. passed, by which it was enacted that every person declared a rogue, vagabond, or sturdy beggar, by that Act, taken begging, wan dering, or misordering themselves in any part of this realm, should, upon their apprehension by the appointment of any Justice of the Peace, Constable, Headborough, or Tythirig man of the same county, hundred, parish, or tything, where such person should be taken, the Tythingman or Head borough being assisted therein with the advice of the Mini ster and one other of that parish, "be stripped naked from the middle upwards, and shall be openly whipped until his or her body he bloody." These measures, too severe one would suppose to have proved otherwise than revulsive and shocking in their execution, pro duced an effect which we will give in the words of Lord Coke himself, and to which we earnestly entreat the attention of the reader. Speaking of the 39th Elizabeth ' he says That upon the making of this Statute, and a good space atter, whilst Justices of Peace and other officers were diligent and indaso trious, there was not a rogue to be seen in any part of England; but when Justices and other officers became tepfdi or trepai, rogues, &c. swarmed again." Iff The Learned Author then goes on to shell= that from time to time new classes of persons have been included within the term " Vagrant;" and that therefore the extension of the punish ment of vagrancy to cases of indecent exposure, &c. is not objectionable, unless it can be main tained that so disgusting an offence ought not to be subject to punishment. We h ave not s p ace to follow the Barrister through his le g al ar g u. trn llaotsionpgh forical trbeeaps i m n ; n o t n o men t e l i importance ssub je ct,or o f h is le p g b is i ; e tt x td pr p e a s rl rention 9.1 . crime by police regulation ; and shall therefore conclude our notice of his very satisfac tory r v e e n c p e ro i d n u i c ti t s io v n i s e , w b s y , ticularly in what he says Its to the expediency of referring as much as possible .of the petty udmi- Y o a u i r ld en c t o rre p nistration of justice to the tribunal of the Magis trate, in order to save the subject from the vexa rce:ntecnusri Lions delays and ruinous expenses attending trials in the Courts, and by which prosecutors as well as defendants are often so deeply injured, as in a great measure to deter persons from ap pealing to the laws for protection. • Strype's Annals, vol. iv. p D'Ewes' Journals, p. Rym. Fced. torn. xvi. p. 279.—§ 2 lnst. p. 728. ¶ Justices will become both tepidi and irspidi, if their oat duct, like that of the 'respectable Member for Stafford, is to be brought before Parliament upon every occasion.