The British Press; or, Morning Literary Advertiser.
London, England, 1810-09-20 00:00:00

TO MIS GRACE ME ARCIIRIYROP 'OP

CANTAIWURY.

" Now 1, as a Freeman of Enbinil, naturally jealous of the
Liberties sectored to me by the Great Charter, du ap-
proach guar Grace with the utninet revertece, to re-
quest, that yes will direct the slid Charter to he read
before the people twice His year, mad every aticseeding
yr, ar, iu the cathedral chui ewe within your province;
and si:eit, t►at yen will desii e the Bishops to pronounce
the Seutruee of Excommunication against all those that
by word, deed, or cuausel, contrary to the said Char-
ter, or that in auy pond break or undo it."
PuLlacula'a its tenor.
"Castaaa will sot do, if it be against the Great Charter."
ride Dino.
May it please your Grace.

You have been called upon by a writer, subscrib-
ing himself Publican, to• direct the Clergy of
your province, twice in each year, to waste a por-
tion of the time allotted to politic worship, in read-
ing to their respective congregatioui a cert..iii
Statute called Magna Charta.
Howeer seriously your Glace might be inclined
to adopt.this advice, it is much to be feared, that,
after one is,ay (the curiosity of the gond people
of England bring sati•6ed), your Suffragans and
inferior Clergy would read this famous Charter to
bare walls and empty seats.
This appeal to your Grace, indeed, most be in-
tended rather for a display or facetion•ness, thou
en expression of the writer's real senrimeurs; for
the latter would *hew an ignorinite of the cause of
this legislative direction, of which I am unwiiling
to accuse Poblicole, whom I know to be a Scholar
and a Gentleman.

It is very true. as Pub!kola states, that Edward
the First. iu his Confirmation of this Great Charter.
wills " That the same Charter shall be sent under
the Great Seal to Cathedral Chemises throughout
the Realm, there to remain. and to be read before
the people too times in the year."
But. your Grace can inform the good People of
England. that at the tinie of making this famous
Cmer. and eves long after its confirmation in
1397. the excellent art of printing had nut been
discovered—and consequently the community at
lar.Te had no intim of referring to it—it therefore
h-came nect-etry. if publicity was desirable, that
the most efficarions means should be adopted for
that end. and wine were so likely to 'tweet:ll, as
eroding an au cupy to each cathedral church.
there to be openly read by the clergy to the peo-
ple. When the art of printing superseded the im-
portance of authenticated written copies. and the
public were iu possession of rail references to the
law. the castors of ruidia.,•• the statute in the
ehurehes fell into disuse, limit at length was totally
dm_ pped.
Your Grace will therefore obterve. Ws., by
compelling Or: Clergy of your province to Fella ft
this avelr, psokunlgutial. you would :se wiping the
Laity a very loo,ir coin;dunear, is it must plainly
shew your op:ttiou of their extreme ignorance in
being unable to reed for themselves—a rudeness
which your Grace is too well-bred a man to he
guilty of. _ _ _

- The first Letter of Public°,la is rather a Text
for his future Comments, than en argumentative dis-
cussion. He sow out wish • detail of the iustiner
and period of granting and continuing Msgua
Charta. He then requests your Grace, in pur-
suance of the clause in the mid Statute, to direct
the reading the same io the Cathedral Churches
within your Province, and , the pronouncing of the
curses against the Breakers of the PfOVII.IOUII it
contains.

Of the two pc juts of this request, I trust I have
asucit•ely shewu why a compliance with the first
wowlii be nugatory; and as the stoond would von-
preheud divers of His Majesty's Judges Itarurd in
the LAW. wad others of 'Neal cri-dd, no thaoks
would be due to your Lordship for prououticing
these dreadful anathemas.

The doctrine relied open in a further part of
the Lotter is not tree to the extent emaciated for ;
theo,rh tatilied by the express authority of any
Lord Coke.

Pub!team supposes a person setting up n Cus-
tom against any of the insults of Magna Charts.
He who is injured by the exercise of such a cus-
tom,. would plead the Great Charter, mid that the
Act of Edward declares, a That all Justices, Sze.
kc. shall allow the saute Clatter pleaded before
them iu all its points 1 and if they give any judg.
meal contrary to the points of the Charter, it mall
be undone and holden for nought, for no custom
can prevail against an empress Act of Parlimuent."
Nothing can be more true, than that the general
rule of law is, that ell Act of Parliament ciall be
preferred to, and overpower custom or ;inscription;
but the very statute under cousideratioa affords en
exception to the rule.
It is thereto eaacted, that fors semen's dower,
shall be assigned is her the third part of rill the
land, which was her husband's in his life-time.
By the eastern of Kent. it i. notorious, that a
woman is duwahle of the 11..4 of her hitslusias
kills; and in asserting such her tight in a Coon of
Justice, the heir might hold out the statute of
Magna Charge, s uyiuq, •• Here is an Act of Pat,
111110ela which expressly gives you wily one-third."
The *i low would reply, to By the curtain of Kent
I can entitled to half." Now, in what m ismer
would the Judge decide ? For the heir with the
Act of Parliament in his hand, or for the widow
with the custom only iu her favour ?—For the latter
sneely. So that here is a distiuct iustance from
Napes CRarte itself, by which at appears, that
cm.toto will sometimes overcome even a positive and
solcono enactment of the Legislature.
I laving thus stated to vont Grace, my reasons for
detioning to pretar a thankless iUrfe•Se of &my upon
tlr Clergy ; and having, rporeoicr, accounted fur
my dir-eitting from the fallible doc-
trines of-Pubtiroti, w.itich your wilier pl met
from aro ; sod, lilt I address Sun again, shall re-
imam, Yr.nir
r
" TnE,Nan.in nu. Moow.
• Loen,,n, sq: 19, 'cp.

CLERKEVITELL SESSIDA'S, Sim.. 19.

EV,rc W3l. sNVAat ti a, Ety. and a 13;:nch of
M AGIITILATES.

RIOT.

Joseph Harris and Elizabeth Price were indicted
fur unlawfully and riotously assembling, with iiivoy
other persons, near the dwelling-houee of Ales-
ander Fairweather, on Satgiglay the of June.
and Sunday the tat July, ad threatening violence
against the said Alexander Fairweather.
Price, who was included io the indictment, did
not appear; and it was stated by Mr. KNAPP,
Counsel fig the prosietution, that as ;she lived with
Hank and was at the time pregnant by him, she
he .opposed to act Under, his direction ; and
therefore her non-appearance was sot of import-
ance.

It appeared from the depositions of the Prosreu.
tor (Fairweather), who gore his evidence in a style
which convoked the Court with laughter, that lie
is the laudlord of a public•house at Strand-on-the
Green, in the parish of Cniswick, and a strong
friend to the interest of Mr. Maiisiogriitg; the De-
fendant, in. the other hand, was an equally stvr-
-11401111 supporter of Sir Freincis Burdett, aid by
trade a fisherman. This coutrariety of pultucy
had occasioned much bickeriog between the par-
ties, who were neighbour. ; and on Saturday the
30th of June, the 'Mendota (with 20 or 30 per-
Rom). including E. Price, stood before toe Prose-
cutor's door. sod swore that". that bi--dy Mainwar-
ing house (meaning Prosecutor's) should come
down." It did not uppear that any person but the
Defeudaut at the bar, and Mrs. Price, made use of
this violeht. lauguege; the others inrrelv amused
themselves shouting a Burdett for ever and no
violence was attempted. On the following day.
Sunday, Defendant sailed about the river. bearing
Sir Francis Burdett's colours on the top of a flag-
staff, sad Mr. Meinwaring's under them, encircled
by a piece of black crape. iudicative of mourning.
After he had atnused himself in navigating the
river with the streamer of defiance flying at his
mast-head, I.e. between eight and uine o'clock in
the evening v fleeted a landing near Fairweather's
house, noel, to use the words ui the Prosecutor, who
is a native of North Britain. anal need much gesti-
culation, " rease4 the standard of rebellion aud in-
surrection near his door;" (the standard to which
witness alluded was the flag-staff which I tarts had
takeu from the boat.) The Defendant posted him-.
self in the front of the house, and by his riotous
conduct, in a very short time drew a mob round
him. to silicon he tried out. "Set lire, and Planet 1"
%Vitale," was toed advised by a Mr. Emery, who
was in the bootee, to go Out end speak to the De-
fenrlaut. Ile did go out, and said, Joe, you
don't mesa to born nay house down ; I have given
no offence to acv per, in." "Menthol answered,
a I will demolish you and your house too, ;run
bl•-•sly Scotch inigrsia ;we weld no such vermin;
41--ii all Maio waring.os l Buidsot for ever I" The
Prosecutor " having neither military aid, Magis-
trate, or constable. retreated to his castle," -and
gave notice to the besiegers that he would o, sh• of
the Bea man, woman, or child. who attempted to
art fire to In. premises." None of the people.
however, with the excection. MIS. Price. lobo
came out of the hoot with Defendant. appeared to
take an active put. Three or four of them occa-
sionally 'limited, " Burdett for ever ! No Main.
oaring!" But Mrs. Price abused the Prosecutor
very much.

John Emery corroborated the evidence of the
last witness. Ile also gated, that on Sunday even-
ing he advised the Uef►ndent to go away, adding,
" Yin are peeing your way to the gallows." To
which the Defendant answered. with much cool.
nem, " I know 1 shell be hanged, and that (point-
ing to a tree. sear the Prosecutor's door) shell be
my gallows." The witness was of opinion, that the
great body of the persons assembled had collected
merely to look on. A gentleman of the name of
Upton at length went for a constable, and the
crowd dispersed. Defendant, however, returned
in about half an hour. and renewed his threat•; he
was again warned to take care of what he wavutymt.
when be answered, " lie did'nt care, for he had o
friend in Brentford, and another its London, who
would bail him even for murder .f"

John Upton, it Lieutenant on half-pny, deposed
to the same effect. Being alarmed at the number
of people assembled, he had procured a constable.
He distinctly heard Defendaut say to the mob,
'4 Set tire, mewl fear not ; horn. sink, Ind de-trnv
the latter, being a sea-phrase, lie suppose was added
on account of Defeudant being a seaman.
This evidence was corroborated by six other wit.
ne,,se.: from their depositions it was clear that the
people hail assembled in consequence of the vocife-
ration of Harris and Price. and 'wring the Bordettite
flag flying in the front of Prost:um?' lirou.e, hot
without ant• intention of doing mischief ; not more
than six or tight of them even amu•t•d themselves
with shouting.

Tile last witness was Edward Jeffery, who Two; in
the house at the time. Mrs. Pnce hauled front the
heat ; he deposed that the Lady, on passing the
winiuw where the Prosecutor was sitting, called
ont, "Barden Fairweather, contrary to witnes.'s
advice, opened the window, and called the woruan
an opprobrious name, who retorted, by shouting
I. Bunten for ever !" which drew from Prosecutor
it inure illiberal expression. At that time flank
had nut left the boat ; but hearing leis chere emi
treated with such rude language. he came to her
assistance. and the row commenced.

The CHataMA\ intimated to Mr. Curwood, the
Defendant's Counsel. that he would not trouble
him fur a reply. He then shortly observed to the
Jury, that it was en indictment for a riot, but no
evert act appeared to have been committed. The
conduct of the Defendant was highly improper;
but the persons whom his behaviour had hero the
means of collecting together, appeared to he all
neighbours, solely actuated by theiricurio•it v. none
of wham bad shown any mischi lute
The Jury returned • verdict of acquittal; and
the Defendant, after receiving some wholesome ad.
vice, was ordered to enter into recognizance% under
articles of the peace which tied been exhibited
against him—this, the CPIAlam ate observed to the
Jury, would answer every purpose or a re:Arai:li.