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

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 Wrest 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
pwasprovisions
sti
oits s height,of
the Act,o defendan
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
our time it bath not had 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 following, and to
order die said slaves as followeth ; that is to say, to take such
personsyslave
b radjudged
dwater
t esrl aovre
small i t with
drink,
the said
as he shall think meet; cause the said slave to work by beating,
and
hgirvefinwseg 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 to the 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 have not space
to follow the Barrister through his legal argu.
trn-
llaotsionpgh
forical
trbeeaps
imn
;not
no men tel i
importancessub je ct,oro
fh islepgbisi
;ettxtdprpeasrl
rention 9.1. crime by police regulation ; and shall
therefore conclude our notice of his very satisfac-
tory
rveen
cperoidnuictitsiovnise,wbsy,
ticularly in what he says Its to the expediency of
referring as much as possible .of the petty udmi-
Yoauirldenctorrep
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.

FRENCH PAPERS.

PAnls, ArnlL 20.—'Tie differences butween

Brazil and Portugal are going to be arranged by
;.he mediation of England. Baron Neumann,
Chargé d'Affaires of Austria, is arbiter for Brazil.
Viscount Dijon sets out very shortly for Madrid.
Letters from Augsburg say, that a report is ge-
-rv'rally spread that the King of Prussia and the
iimperor Alexander will arrive at Prague in the

serood fortnight in May, there to hare an 'inter-

view with the Emperor of Austria. It is sup-
posed that they will turn their attention both to
the affairs of Greece and those of Brazil; and
that a notification will be made in consequence to
the English Government and to the King of Por-
terel.

The picture injured in the Museum is
ltubens of moderate .value : it represented a
tournament, with a landscapein the back ground,
and was placed in one of the angles. The
injury was clone by oil of vitriol, discharged from.
a syringe. This event took place between three
and four in the afternoon of 'Tuesday the 13th,
on which day the Museum was open to artists
and strangers who have:passports. Some persons
assert they saw the picture undamaged at three
o'clock. Count Forbin, to prevent more serious
injur3,,, immediately had the Museum elesed till
IJrther orders. -It is affirmed, that the same
isuli-
vidual has threatened, in another letter, to poison
all the animals in the Jardin des Plantes.

MADRID, APRIL 15.-The Rini having re-
solved to pass the Passion-week at Toledo,
the ancient residence of the Spanish Mo-
. narelin, arrived in 'that. city -ou the 9th., in the
evening. The inhabitants testified the most
lively transports of satisfaction at the right of
their Sovereign and his auizust Consort.
The decree of the ‘2.6th October last subjected
-.to.rugeneral epuration all persons in office +. ho
had - been appointed since the 7th of March,

1820. His iNfajesty, not wishing to coufoonti the

innocent 6Pith the guilty, has just authorized such
of those officers as have not committed any per-
sonal offence, to present memorials for the pur-
pose of obtaininEf such pensions or favours as way
be due to them for their service.; before the re-
volution.

The Government has received dicpatches from
-the Governor of Porto Rico, dated Feb. 3. The
Royal authority is perfectly re-established in that
'important island.
All the accounts from the South American
Continent represent tho new States that have
been formed there, as a-prey to the most frightful
• anarchy.
PERPIGNAN, A rat 10.—The arreA of.‘;olonel
•-'llrosy, ex-Constitutional Governor of Barcelona,
ho lately arrived in France, has furnished irn-
ortant information ,respectieg the assas;ination
• -of the venerable and unfortunate Bishop of Vich.
It is currently reported in Catalonia, that some
erxto are going to occupy Tortoan, Tarragona,
and Lerida. Tidi sews is generally received
satisfaction—,by some, as. a piedge..of their
safety, and of that of their. families nod property ;
by others, from a sririt of interest, rather than
from a sentiment of justice., and especially in
hatred of ail that is Spanish-monarchical.

FRENCIT FI7NDA, PARIS, .ATAIL 20.—Five per Cents.
opened at 162. 50.; dosed at /02.,Z5. ; Loan of 1023, 164. ;
Bank Stock, 1,905, 1.915, 1,920. Nenpolitan RolteA, 95.;
Spanish ditto, 17. ; Ditto Loan of 181;:_;, 62. Exchange on
London, one month, 25. 10.; three months, 24. W.—( Cour:
Aathentique.)