The National Register.
London, England, 1811-06-23 00:00:00

THE NATIONAL REGISTER.

A GAELIC FRAGMENT.

The following is a Highland Bard's opinion of the qualities,
which the woman he would choose for his wife should possess,
so as to ensure conjugal happiness, domestic subordination, and
a prudent demeanour with -respect to others, lately repeated at
a party of tlaelic friends in London.
Mar thri nithe bu than learn Bean mhath,
Mar Mhac-talla, 's n t-seileachag nach caraich an
Cath, '

J

mar na tri niche so fhkiti cha 'n iarruin bean rnhath,
Bhi bcarr-theangach, gloehd-ardach, iom-narach gun Rath.
Mar Sheileachaig 's ceart do Bhean ro choir a bhlth,
An comhnui fuireach le deagh thoil a stigh ;
Ach mar an t-seileachag cha iarramid i bhith,
(;u cuid a thoirt daonnan air a druiingun deagh.
'S coir do Bhean bhi ealamh, mar mhac-taa na ban,
'Nuair labharar ria gun teagamh, freagradh thoirt san am;
Ach air seal tile, mar Mhachd•talla cha choir dhi,
Am facil mu dheireadh a bhi aic an comhnui.
Mar Chlag-buile 's coir do Bhean bhi glic,
Riagliailteach' a Teaglach le mor iocbd;
Acts mar Chlag-baile, cha choir dhi bhi air chinnt
Co labhair s' gun cluinn am Baile gloir a chin.
An English translation in verse is requested.

.

1 SIGNS OF THE TIMES .1'

(Coonsunicated exclusively for the National Register.)

God save the KING !—and he that won't say so,
Burton and Graham's blessings with him go.
MOORE'S ALMANACK fur 1811.
............--..

EARLY in the present year, the attention of the readers of the
NATIONAL REGISTER was particularly directed to the then
portentous Aspect of Affairs ; and, while it is the design of this
paper once more to point out to their notice some of those 4 Signs
of the Times,' which may now be seen and felt, it will be owned
by such as duly reflect on what is passing in the world, that
these are things which we are called upon to mark, learn,
and inwardly digest.' Little, however, remains here to be
done—except to confirm, from another source, the main antici-
patory observations which were formerly addressed to the
public.
Turning over the leaves of the renowned Almanack whence
my motto is cited, the Mr Stellarum of Moore, I find, as far as
the year is gone on, that he generally coincides with the nature
of those anticipatory observations antecedently communicated
through the present paper to the country. We know what is
past ; but, what is to come ? " The aspects of" last month,
May, were predicted as to be " very violent and rugged ;" while
those of this month, June, are described as equally unfavoura-
ble to the happiness of the world. Look now at the state of
things. Confess we must, unless wilfully blinded, that the pre-
sent state of affairs does most exactly and unfortunately corres-
pond with those " malevolent configurations of the planets" of
Which we were advised, with " aspects violent and rugged."—
At home,—have we not narrowly t scaped the direful effects of a
complete Want of Specie ; and the lamentable consequences
that would have attended the adoption of Lord Sidmouth's Bill
respecting Protestant Dissenters ? Abroad,—have not our vic-
tories, however valorous, been in some instances as destructive
as defeats ? Such seems the past.
What " chance" is likely to " turn up ?" Moore himself
Ushers in this month, June, with a

" Methinks I hear the voice
Of the curs'd murmuring Crew !"
He Is right. If, by this " murmuring Crew," we are to un-
derstand the tribe of political reformists,—and who else are
meant I—do not we perceive, even within London City itself,
(though Moo: e prayeth that " the Guardian Angel of the City of
London. may ever protect the same !") at this precise period of

time, some fearftli symptoms of" discontents, depressions, and
impediments in public affairs," which seem likely to be speedily
occasioned by " the voice," or noise, ,of.• a ltbq curs'd murmur-
ing crew ?" True, I grant, " the rest," the loyal few, ere stated,
nevertheless, to " rejoice ;" but if the cursed murmuring crew
will still keep up the wonted style of murmuring, and these
murmurs produce " commotion amongst the common people,"
together with "pestilent sedition'," and that, added to these
evils, there should be found " a wilful and obstinate party, in
high stations of life amongst us," which " will do more preju-
dice to the interests of this nation than our most public
enemies,"—if, I say, these things be so, of what avail will it
prove that " the rest rejoice ?" But one hope seems left. " Let
us," as Francis Moore exhorts us, " prevent and, frustrate she
designs of our enemies, by an union and steady perseverance is
our duty to his most gracious Majesty"—George the Third,
whom God keep !—" The only just Defender of our Religion,
Rights, and Privileges." Amen !
Referring to my former communication, I find that, in the
outset of this, I have made an error which might appear to mi-
litate against myself, as far as It regards priority of prediction;
since it was at the close of the Autumn of 1810, instead of early
in 1811, that my second series of anticipatory admonitions were
really promulgated. Those will be found in all respects to ac-
Cord with what I must yet urge. Never did it satisfy my mind
that the sanguinary war in the Peninsula would by some
" chance" terminate in good results ! Moore informs us, under
the month October, that "in Spain will be tumults, intestine
hatred, and breach if treaties (Britons, beware!) by means of
which nothing but confusion follows;' and, speaking of the
Spring quarter, he adds—" as sure as the empires of the Assy-
rians, the Medea, and the Persians, the imperious one of the
Greeks, and the mast powerful one of the Romans, have been
altered and rendutionised, so sure will Spain and Portugal, &c
and the Turkish em, ire, be revolutionised and altered also."—
Having long seen grounds to think so, independently of Moore's
prognostics, I still think in the same manner. I have long
thought this, because I have been long convinced that the False
Prophet and the Beast must be annihilated ; and I still think so,
because, ahhough " the Pope and Roman Clergy ace much
bridird," I feel assured that" great tribulations are still to come
upon the Church of Rome," and, indeed, upon all those coun-
tries and persons who still adhere to, and support die Roman
Catholic and Mahomedan superstitions, errors, and erimes.--.
Time will shortly disclose these things.—Most devoutly do "
wish my native land was," adopting the plain language of its
astrologer, " free frorrewar, contention and strife r
" But the end is not yet !—Alas! of this there seems no pros-
pect. What can effect this end ? " Assassinate the 'cause' of ail
your woes, Napoleon Bonaparte," says one, " and you end your
calamitics.? Let us disdain the thought. Man of war as he is;
and of blood, fir. who made him can, (I repeat it) when his
work is done, make xis ssvoite to approach unto him. Know
we not where it is written that those who live by the sword shall
one day fall by the sword ?
BONAPARTE'S course must one day determine. Leave him
to his fate. Let us look more at home, and act snore like
wise men. Impressed with this view of things, " let us,"
finally, " beseech the wise Disrosee or ALL EVENTS to pro-
tect this Church and Nation ; and as patron thereof, our most
Gracious Sovereign, King George, from all insults, whether of
public or private enemies, showering down upon him, and his
posterity, the choicest blessings even to the latest generations r
This is the part we shall do well to act.
London, June 1 , 1811 . PRO Mg.THEUS.
A boat on a novel construction, to sail, when complete,
against wind and tide, forty-eight feet long by eight wide, was
launched a few days since, at Mr. Mansell's
Marsh, Bristol. yard, Cannon' s

DRAMATIC REGISTER.

HAY MARKET THEATRE.

A Farce, in two Acts, from the pen of the senior Minim,
was produced on Thursday, under the title of The Round
.Rubin.

Mr. Dzantw has been for years so much admired for his sea
songs, that he appears to think any thing in which sailors can be
brought forward must be agreeable to the town. With this
feeling he has written The Round Robin, in which he has given
us a plentiful complement of seamen. The piece is destitute of
ail plot and interest, and it is impossible that he himself could
have been ignorant of this; but he was evidently of opinion,
tbat British seamen mist always ensure victory. His idea has
not provrci correct in the present instance. There is no rule
without an exception; and Mr. DIBDIN now finds that even our
gallant tars cannot carry all before them. A veteran of his
standing ought to have been aware of this indramatic affair, as
be nivat have known that Cockneys are not unfrequently

The opposition of the audience was too powerful for the piece
to make any tLing like a stand. From the present situation of
Mr. Disnis's affairs, its failure is a subject of great regret with
Many of the admirers of his former productions, and something
)ike a charge of undue severity has been preferred against the
audience. To this L must oppose my protest, whatever 1 may
feel for the situation of the man. The piece was listened to
with great attenticn in its progress, and no disposition to deal
harshly with the Author could be observed among the audience,
till the performance was pretty far advanced. For my part I
tspectcd the storm would break out much earlier than it did.
Mr. thuoirt ma), have substantial cause for grief on this occa-
sion, but 1 really think he had no reason to complain, though at
the same time it must be admitted, it laboured under peculiar
disadvantages with respect to the actors. Mr. Noaex was not
an uncommonly excellent Irishman, and Mr. Suaw, in the cha-
racter of an Old Commodore, was not very successful. He looked
the part so badly, that when he came on first, it was doubtful
whether the character he had to sustain was that of a great boy,
or an old maa. lie diti not speak it well, nor was his action
appropriate—in a word, it was wholly out of his line. Mr
PAINE and Mrs.l.asros were so much indisposed as to be
obliged to apologize for hoarseness, and Mr. MA LLINSON had no
scope for a display of his powers. Under such circumstances, a
piece of gre'ater merit, might have failed, but in no case could
" The Round Rubni" have become a favourite.
It is impossible to contemplate, without feelings of sympathy,
the vicissitudes of an Author's life, who is placed in the situation
of Mr. DIIMIN. Public applause is like the Ignus Fatuus,
which allures the traveller from his road, to court its inauspi-
cious glare, and exult in its frightening prospects, till at length
it vanishes, and leaves him to wander among quagmires and in
. darkness. Su public approbation engages genius in a chimerical

pursuit. Hope and fancy cherish the gay illusion, and the san-
guine poet expects not only that it will cheer his passage
through life, but that its glittering rays will beam on his tomb.—
If the vigour of his first essays call forth applause, he thinks
those which experience has matured will insure him immorta-
lity. But alas! when he has gained experience he has no longer
vigour to exert. The smile of approbation- which encouraged
him in the early part °fills career now vanishes, and leaves him
open to the chilling blast of penury, to explore his dubious way
througl► the gloom of friendless old age to a neglected grave.
Tills is unquestionably a subject of lamentation, but it is in vain
to repine. It ever has been so, and so it must ever continue. It
grows on human nature itself, and the lapse of ages cannot do it
away We may gaze with fond regret on the setting sun of ge-
nius, but we can never glow with the same warmth which it
hispircs while in the meridiau of its glory. G.

THE NATIONAL

-LAW REPORTS.

COURT OF KING'S BENCH.

WEDNESDAY, )VISE 19.

SIR F. BURDETT, BART. V. G. COLEMAN, ESQ.
The long expected Trial as Bar, wherein Sir Francis Burdett,
Bart. is plaintiff, and George Coleman, Esq. Serkant at Arms,
is defendant, came on this morning.
At a very early hour a considerable number of respectable
persons assembled in and about the Court to hear this uovcl And
certainly interesting case. As soon as the usual and routine bu 4
siness of the Court had finished, all the Judges entered (ai• in
cases of Trials at Bar all the Judges of the Court mu -t be pre-
sent). When they bad taken their seats, Mr. Fo'ster. the Master
of the King's Bench Office, called over the names of the Jurors,
when the following were sworn, viz.—

Samuel Abbot, Esq. Andrew Seardon, Esq.
George Dance, Esq. George Silico, Esq.
James Smith, Esq. Samuel Bishop, Fsq.
Jam 4.i. Walker, Esq. Edward Pepys, Esq.
Wm. Parkinson, Esq. William Riggs, Esq.
Richard Jay, Esq. William Inwood, E,q.

Mr. J. H. Shepherd opened the pleadings, wherein he recite
ed the different counts of the declaration, and the plea of the
defendant, together with the replies of the plaintiff, on widen
the issue was joined.
Mr. Serjeant Sh, pherd then stated the case to the Court and
the Jury. He began by saying, that it was his duty to address
them on behalf of the plaintiff, and that he would occui v as
little of their time and consideration as the weight of the suhject
demanded, and would not trespass longer •on their attention
than in his judgment the interest of his client demanded. The
parties were known to the world—!he one as a very distinguish-
ed Member of the House of Commons, the, other as one of its
Officers, the Serjeant at Arms of that don-e. The complaint
against the latter as made by the former, was also well kronen to
every man upon the Jury, namely, Cot of breiiking into the
plaintiff's house, therein entering, and with a body of armed
soldiers thence taking hint by force and lodging him base-
queutly in the Tower of London. In Ibis case 11-. cmemau,
was little more than the mere nominal defendant, for the con-
flict really was bcween the Hon. Baronet, whose advocate he
was, and the House of Commons itself, that had employed Mr.
Coleman, and whose conduct it was meant this day by that
House to justify. But if that gentleman had been guilty of any.
excess or any thing improper in his conduct in executing any
thing which the. House of Commons might deem even its cons.'
stitutional right, still he could not justify that excess, or that
impropriety under this action, and therefore he should contend,
let either the one or the other be amenable for tke conse-
quences ultimately, still that his client was entitled to their.
verdict. Although the pleadings present a great variety of
subjects, calculated to create and produce diszussion, yet few
of them were to be immediately placed under tote considera-
tion of the Jury. The Constituti,n of this country, although'
it protects, yet it prescribes, the pewet of Juries, and it
wisely makes distinc:ions between those points which are mat-
ters of fact and matters of law, and those cases. where mat-
ters of fact and matters of law are so blended that they can-
not be separated ; in all these distinctions the jurisdiction of
Juries and the jurisdiction of Judges are quite distinct. His
motive for mentioning this was because, though he held in the
highest estimation, and with the most profound deference. the
decisions of Judges and Courts of Law, yet he was anxious that
he should be understood, that in advocating this cause he was
not pressed by any decision of their Lordships made in another
cause (he alluded here to the judgment on the demurrer, given.
in this Court in a former Term, in the case of Sir Francis Bur-
dett against the Speaker, wherein that judgment was adverse-
to his client), and that he knew that he had his right of appeal,
by writ of Error, to the highest and most supreme Court of Jtt-.
dicature in this or any other country ; so he should reserve
what was to be said upon the lave-of this case as well as upon
that, when he should have to adlencate either elsewhere on the
matter, the mere matter of law. Sir Francis Burdett corn-.
plains, that his house was assailed by a military host, and by
them conveyed to the Tower. The answer put in to that com-
plaint made by the defendant is, that the defendant, as an Officer'
of the House of Commons, and in the exercise of his capacity
as such, by virtye of a resolution of that House,. which had
concluded that Sir Francis was guilty of a breach of its privi-
lege, in consequence of having (according to another resolution -
of that House) published what was resolved a:so to be a libel on.
the House of Commons.

_ ......
I fern . the Learned Serjeant entered into a most luminous dis•
play or Law learning, and proceeded to call
The witnesses called on the part of the plaintiff, were Mr.t

THE NATI

l N

—• • -
Jones Burdett, and others of the family of Sir Francis; all'of
whom proved the breaking and entering the dwelling, and the
capture of Sir Francis, and his conveyance to the Tower.
These witnesses were severally cross-examined by
The Atssrneg-General, who then addl.' ssed the Court and
Jury on the part of the defendant. He said, they had only one
plsin unmixed fact to try, namely, whether the Serjeant at
Arms atiending the House of Commons bad wantonly and im-
properly carried a large military force to the house of Sir Fran-
cis Burdett, and whether, inthe execution of the warrant issued
by the Speaker, by order of the House, his object was to secure
the preservation 'of the public peace with that force, and whe-
ther that force was necessary and proper for the purpose of exc.-
outing the warrant. cotnmitted to his charge. He contended,
that it was necessary and proper, because it was no answer to
show, that he might have carried that warrant into execution
with a less force; but because the public peace was to be pre-
served, the public peace was not to be risked, and because every
Officer going to execute a legal process where he expects resist-
ance, ought to have the peace of his Majesty's subjects always
in his view. There was no doubt he was bound to execute the
warrant of the House of Commons, and all persons were justi-
fied in rendering him assistanco. The Jury would hear from
their Lordships that the duty of the Serjeant did not consist
merely in laying his hands upon the prisoner ; no, that duty con-
tinued until his prisoner is safely lodged in that custody to which
he had been consigned by the order of the Howe of Commons,
and it was as much his duty to provide a safe conveyance fur his
prisoner as it was to arrest hint.
The Atiorney-General then stated, that it was not the outcry
of boys and old women that induced him to seek for military
aid ; it was no more than a well-founded opinion of the existing
danger, that convinced him that a considerable force would be
necessary to repel that danger. On the Friday night, all the
houses of the Niumbers who were supposed to have taken an
adverse part against Sir Francis were attacked, and almost
pulled down by the mob, protecting what they called the rights
of Sir Francis Burdett ; a pretty strong proof of what they
would du, if he had not the assistance of a military escort. On
the Saturday, nothing but tumult acid disorder prevailed, and
those whom he should call would say, that it was not till there
was an absolute necesdty that the military were called upon,
and when they did appear they were attacked in all quarters,
t.ll sorts of miisile weapons were flung at them, which they
patiently bore, waiting the commands of their Officers, and it
was not until they were compelled by repeated insults, that
they took any hostile step : they were not only pelted and
thrown from their horses,, but were fired upon, and some of
them fell under that fire. Under these circumstances an over-
powering force became necessary; without calling in such force
to his aid, he could not answer for the safety of the public.
If any unnecessary violence had been used, then, indeed, there
might be some foundation for this action, but upon the evidence
it appeared that nothing but the utmost civility and accommo-
dattpn prevailed. When they considered all these circumstances
—when they bore in mind the force,that was collected in the
streets to resist the execution of the warrant, he had no doubt
they would, with the utmost satisfaction, find their verdict fur
the defendant.

--- -
The Attorgicy-General then ca'led several witnesses to show
the resistance made by Sir Francis to the warrant of Ow Speaker,
and the consequent obligation that the defendant was under to
introduce the soldiery.
Each of these witnesses was also cross-examined by Mr. Ser-
jeant Shepherd, as to the point, whether or not the military
were at all necessary on the occasion, and they universally an-
swered in the atlirm.itive.
Mr. Serjcant p . ri, replied.
Lord Eeerratortouoli, on summing up, observed, the ques-
tion the Jury had to try laid in the narrowest compass, and
was as simple as could well be imagined. The privilege of the
House of Commons had nothing to do with the question ; that
bad already been decidA. The legality and necessity of em-
ploying
military force had been allowed hy the plaritin '., plea ;
Al he had intended to contest it, he should have den u -red. He .
now, however, says, tl.e force employed was excessive, impro-
per, and unnecessary. That assertion was denied by the de-
fendant ; and that was the question for the Jury to try. What
had the plaintiff to complain of ? There was no doubt whatever
expressed of the necessity of the military escort to the Tqwer,
The window was forced, and the house already entered by the
civil power, when the soldiers who were to be the instruir.euls
of conveying Sir Francis Burdett to the Tower, were admitted.
They were then stationed in the hall, and did not go up stairs o,
interrupt the family. What bad - they, he would a- k, to do
with forcing the house ? Nothing. Though he wished it to 1 e
understood, that if they had been so emOoyed, the, •Serjeant at
Arms might employ any force he thought neces-iry. And, his
Lordship observed, he defied the ingenuity of man to devise any
employment of military less offensive to the feelings Of the indi-

ASTER.

victual than What had been in this ease. --II Mr. Coleman was at
all blameable, and that he was his Lordship did not hesitate to
say, it was not for severity but for a contrary conduct. Had
the writ been delivered to any common officer, even though it
had been executed with humanity,, yet, would he havemllowed
four hours to intervene between his receiving it and the incar.
ceration of Sir Francis Burdett ? With respect to the force
employed, look to the evidence of the state of the capital at the
time, and then say if Mr. Coleman would not have been highly
blameable in taking a less force than he did / It was a proof of
his prudence, and he was fully justified in having taken such au
ovc rbearing force as prevented any attempt at resistance.
The Jury without a moment's hesitation found a verdict for
the defendant.
The record of the cause Burdett v. Lord Moira, was theta
called on, and disnaissed for want of a Jury.

•' 4,
THURSDAY, JUNE 20..
ftt
JUDGMENTS. • •
THE KING V. TILE REV. ItORERT BLACOW. ••
The d( 4,_!ndant was this day brought up for judgment, per-
suant to order of the Court, for a gross and scandalous libel ots
Mr. Fairclough and wife, of Liverpool, the particulars of which
we have reported in a former Number. After a severe repri-
mand from Mr. Justice Gxoss, he was sentenced to six mouths*
imprisonment in the King's Bench Prison.