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The Oxford Magazine;

For DECEMBER, 1769.

MY

For the OXFORD MAGAZINE. The POLICE. No. III. [Continued from p. 86.] Y Correfpondents increase upon me fo faft, and are fo very preffing in their requests of having their fentiments laid before the Public, without lofs of time, that I am determined to poftpone my own lucubrations to a more convenient season, and to entertain my readers in the interim, with the ingenious communications I have been favoured with, fince the publication of my last number. And I make no doubt, that the preference I give to the remarks of my friends and well-wishers, will encourage others to oblige me with their obfervations on the feveral fubjects which properly fall under the cognizance of the Police. Such as the neglect, or partial execution of the laws the neceffity of enacting new, or repealing old statutes-the connivance at, or encouragement of, notorious violations of the peace, and good order of fociety-the exiftence of a variety of public nuifances and annoyances to the terror and disturbance of the quiet and well-difpofed inhabitants of this metropolis-and numberless other topics, on which useful informations, hints, and discoveries, may, through this channel, be conveyed to the Legislature, though they pass unnoticed by the Juftices of the peace, and inferior officers, whofe peculiar office it is to carry into effectual execution the laws of Police; but who feem in general to be fatisfied with knowing, that we have laws in force for every tranfgreffion against the civil and religious rights of our fellow fubjects,-not confidering that it is the greatest reproach imaginable to the maVOL. III.

giftracy of this or any other country, to have the cuftody of a well-digested body of laws committed to them, and neither to have the fpirit, activity, or diligence, to enforce a due obedience to them amongst all ranks and degrees of men whatever. The various excufes pleaded by Sir John Fielding, in his observations on several of the penal laws, for not carrying them into immediate execution, fhall be duly confidered hereafter; at prefent we are pleafed to find, that h's valuable collection of extracts from the faid penal laws has attracted the regard of fome of our ingenious correfpondents. It is a work which every housekeeper, who is liable to ferve parish offices, ought to ftudy, and which indeed fhould be read by every good subject, who, by a precife knowledge of the laws of his country, is defircus to merit the high reputation of living in strict conformity to them. Befides, he will therein receive information of the different artful schemes of cheats and sharpers ; and be enabled to defend his property, and to guard it from furprize, as well as from open violence. In a word, he will fee that the execution of the feveral laws of Police, whether it regards his own fecurity and welfare, or the affistance which every good man ought to give to his neighbour when he is infulted, molefted, defrauded, or robbed, depends more, in the firft inftance, upon his own refolution and knowledge of the laws, than upon any peace officer; and that an intelligent private man may very often preferve the peace, and ad

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just a number of petty infringements of it in his parifh, without the intervention of the magiftrate. If this point of duty were but charitably and affiduously attended to by experienced, well-difpofed houfekeepers, one half of the tg juftices might fhut up their offices; for where one offence comes before them of confequence to fociety, twenty little idle differences, and groundless complaints, afford them daily occupation, and no finall profit. Every fhilling faved to a labourer, a poor mechanic, or a menial fervant, may be deemed an alms beftowed by the friendly peace-maker, who interpofes his influence and credit with the common people, and prevents their running to a justice for a warrant, on the moit frivolous occafions. A friend to our Police has given birth to this remark-in a card, he has informed me, that in the neighbourhood of Spitalfields, where he has refided upwards of thirty years, he reckons, on a moderate computation, he has faved the poor inhabitants of his parish full five pounds per annum, for thefe laft ten years, by compromifing their difputes, and perfuading the aggreffors to make fatisfaction to the injured, without applying to a magiftrate; he obferves, that the people have an entire confidence in him, and that he has often made a man fatisfied with another, even for a blow received, on the offender's afking pardon, or pleading his being overtaken in liquor, when if the affair had been purfued by warrant and commitment, what with damages for affault, &c. the unhappy offender might have been half ruined, and his accufer be kept from his occupation in purfuit of his revenge, to the detriment of his family, and of his employers. Our correfpondent modeftly throws this out as a hint to his fellow-citizens, who are not afraid of offending petty-fogging attornies, and mercenary juftices, but has defired it might not be confidered apart, but only noticed in a curfory manner.

Having discharged this duty, I must how give place to the following letter, which equally merits the notice of Sir John Fielding, and of the Public in general.

SENEX.

I

To the Author of the POLICE.

SIR,

HAVE read your Effays with great pleasure, and am of opinion they may prove of great utility to the inha bitants of London and Westminster in particular, and to the magiftrates in all parts of the kingdom. By the intelligence I gained from your last number, of a work juft published by Sir John Fielding, intitled, Extracts from fuch of the penal laws as particularly relate to the peace and good order of this metropolisI was induced to purchase it, and, up-on my word, a very valuable compilation it is; but you forgot, Sir, to acquaint us, that to these extracts are added, a great number of obfervations on the defects of fome of these laws, and for the better execution of others, by this able magiftrate. Most of thefe obfervations are pertinent and curious; but it is to be lamented, that as Sir John is countenanced and affifted by the prime minifter, he did not lay thefe defects he points out before government, as foon as he difcovered them, fince it cannot be doubted but his Grace the Duke of Grafton would have given his fanction to any bills propofed by Sir John to be carried into parliament for the amendment of old laws, or the enacting new, for the prefervation of the peace and good order of this metropolis; especially as his Grace must be well apprifed that there never was a time when a general curb on the licentioufnefs of the rude rabble was more needful. This able statesman is not to learn, "That the degenerate "state of a nation is known by no "marks fo obvious, as by those which

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appear in the actions of individuals. "When great men plunder, and little "ones cheat or pilfer with impunity--"when both laugh alike, at the efta"blifhed laws and conftitution of their "country, and boldly in the face of "day bid defiance to the legislature-"the fignatures of approaching deftruc"tion hang like pointed daggers over "our heads, and warn us either to "repel the ftorm, or to prepare to "fuffer in the general wreck."---Sir John, therefore, fhould have applied in time to the minifter for remedies to the defects in many of the penal laws, and

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by procuring acts of parliament for thefe falutary purposes, he might have employed the treafury money to much better purpofe than iffuing it to the Sheriffs of Middlefex in payment of rewards for the detection of robbers--for the commiffion of most of the robberies would have been prevented. Sir John, in this cafe, might have fpared himself the trouble of printing his obfervations on the defects in many of our penal laws, by which he has only taught cunning rogues where their fafety lies; and he might have made that paffage of his dedication to the Duke of Grafton, where he fays, " his "Grace has put a finishing hand to an "admirable and useful plan of police," more reconcileable to truth and matter of fact. That it was in Sir John's power to procure the patronage and fanction of government to the amendments he purposes in his work, cannot be doubted from his own account of the reliance of the miniftry on his prudent and active discharge of his magifterial functions, and the reward his Lady received, or rather the indemnification, in cafe his worship fhould by any accident lose his life in the arduous pursuit of the duties of his office. This neglect, therefore, which feems unpardonable, can hardly be accounted for on any other principle than that of fuppofing that his had other employment for the h of c, and could not call off their attention from more important fervices. However, Sir, I defire you will perufe thefe obfervations with great nicety, and give us your opinion as to the facility with which the defects in our laws might have been supplied by a British legillature, ever ready to promote the welfare and tranquillity of the nation; if Sir John, and the reft of the magistracy of this metropolis, had been in earneft, and had ftrenuoufly made a point of this part of their duty. For my own part, Sir, I am not apt to be cenforious, but I am afraid fome of the Middlefex and Weftininfter Juftices are like many other retailers, who would think it highly impolitic to take any measures that would leffen the number of their cuftomers. I hope I fhall not be charged with want of candour, if, while I ac

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knowledge the abilities of Sir John Fielding, and that he has been a very useful, active magiftrate, I arraign him on the chriftian fyftem, which fays, "that to whom much is given, from "him much is expected." My plea is, that his knowledge is great, his influence and authority extenfive, and that it is in his power to be still more ferviceable than ever to the Public, if he will heartily join in concurrence with the moft refpectable part of the magiftracy of the city of London, and of the county of Middlefex, in applying to parliament for the removal of thofe defects in the penal laws, which obstruct the magistracy in their duty, and encourage robberies, and other violations of the peace.---I will only inftance one among a number, which demands immediate redress, and on which I think you might employ your pen to greatadvantage in fome future effay. Sir John himself laments, that notwithftanding all the regulations with respect to pawnbrokers, they ftill give encouragement to robberies---he particularly complains of their keeping open late at night, by which means thieves have an opportunity of pawning or felling things to them immediately after they have committed the robberies, and before they can have any warning of the theft, or defcription of the stolen goods from the news-papers or otherwife. He likewife mentions the difficulty of convicting pawnbrokers of receiving stolen goods, or effects not the property of the perfons pledging them, fuch as linen from washerwomen, foldiers cloaths, &c. Now, Sir, I would cut this matter very fhort, by propofing an act of parliament to abolish this nuifance, and to fet on foot an inftitution fimilar to that of the charitable corporation, whereby all the good purposes of pawnbroking fhould be answered, and all the villainy avoided. But I leave this matter with you, and fhall expect an ample differtation on so useful a fubject. The remainder of this letter I fhall dedicate to Sir John Fielding, and hope through your means it will reach his ear, and that he will condefcend to give me the explanation I have a right to demand, from his own candid declaration in his preface to his work.

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In the index, to my very great furprize, I found mention made of Spout ing Clubs,and not conceiving there could be any laws in force against them, nor indeed readily comprehending the meaning of Sir John, in placing a vulgar epithet, ufually bestowed on all speaking focieties, in the catalogue of crimes and mifdemeanors, for which the law has provided remedies, I hastily turned to page 186, and was not lefs aftonifhed at the reference. It contains extracts from 10 GEO. II. c. 28. relative to the acting plays, &c. without authority. By claufe 3, it is enacted, "That if any interlude, tragedy, comedy, opera, play, farce, or other entertainment of the ftage, or any act, fcene, or part thereof, fhall be acted, reprefented or performed, in any houfe or place where wine, ale, beer, or other liquors fhall be fold or retailed, the faine fhall be deemed to be acted, reprefented and performed, for gain, hire and reward." On the tenour of this claufe Sir John Fielding grounds the following obfervation-Spouting clubs, fo frequent in this town, certainly come within the intent and meaning of this act. Now, Sir, I apprehend, that when a perfon undertakes to explain the law to the Public, he should be very distinct and clear in his illuftrations, and I am particularly induced to expect accuracy in the cafe before us, from an apprehenfion that this obfervation has been inferted by order of the government, with a view to prevent the increase of fuch focieties as are already established in this metropolis for the purposes of free enquiry, and candid difquifition on popular topics. It will be needlefs for me to fearch dictionaries, I fhall find no fuch term as fpouting club, and as Sir John Fielding has not vouchfafed to give us his definition of it, I thall take the liberty of fuppofing that he meant to discountenance and to alarm fuch focieties as thofe held at the Robinhood in Butcher-Row, at the Queen's Arms in Newgate-Street, and at fome other houfes where wine, beer, and other liquors are ufually fold or retailed. If fo, Sir, the defign is inviduous, and fhews that this able magiftrate is no friend to the civil rights of

mankind. That he could not mean focieties for repeating parts of plays is pretty evident, because they are fo far from being frequent in this town, that for three or four years laft paft, they have fcarce been heard of; whereas focieties for free enquiry and candid difquifitions on popular fubjects have been continually increasing, and are at the very time of this publication gathering ftrength. To one of thefe, founded on a rational plan, conducted with decency and propriety, and by matured experience freed from fome inconveniences, and objections too justly made against the regulations at the Robinhood, and at the Queen's Arms, I have the happiness to belong, and I will further own, that I have given it all the fanction in my power, by engaging my fons, my nephews, and all the youth of my acquaintance to attend it. Some other time I may give you an ample account of the proceedings of this fociety; at prefent 1 fhall only take notice, that no debates are permitted on religious fubjects. Commercial topics will defignedly have the preference, as it is held in the heart of the city, but political queftions will likewise be difcuffed with that freedom which the birthright of an Englishman and the conftitution of this country warrants: on this account it is, that the terror of the law is held forth to alarm us in Sir John's publication; and as I profess myself to be a loyal, though an independent fubject, I own I would not knowingly countenance a violation of the laws. It would therefore give me great fatisfaction if Sir John Fielding would by a letter to you, or an adver tifement in his own news paper, The Public Advertifer, give us an open, unreferved definition of his idea of a Spouting club, and a folid reafon for placing fuch a cant term in an index to fo ferious a work as Extracts from the penal laws; and also whether he means, that the speakers at difputing focieties, fhall be deemed rogues and vagabonds, as he feems to declare by his obfervation, that they come within the intent and meaning of the act of 10 GEO. II, c. 28. that I may know how to act with respect to my young friends,

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205 Letters to the Author of the POLICE will be carefully received by the Publifher of this Magazine only, and will be duly acknowledged in the Order they are received.

A Letter from Junius to his Grace the Dwhom I have hitherto thought more rationally employed, than if they were to spend their evenings in Sir John's neighbourhood with w- -s, thieves, and gamblers. And I fhould imagine the officers of a good Police ought to be of my opinion. Cheapfide, Dec. 20.

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A CITIZEN.

[To be continued.]

MY LORD,

†† The Letter from Amator Libertatis, to the Author of the CENSOR, did not come to hand till after the Cenfor,No. II. was gone to press, but shall be noticed in the next Number.

To his Grace the D of

Find with fome furprize that you

Your most determined advocates have fcruples about then, which you are unacquainted with; and, though there be nothing too hazardous for your Grace to engage in, there are fome things too infamous for the vileft proftitute of a news-paper to defend. In what other manner fhall we account for the profound, fubmiffive filence, which you and your friends have obferved upon a charge which called immediately for the clearest refutation, and would have justified the feverest measures of refentment? I did not attempt to blast your character by an indirect, ambiguous infinuation, but candidly stated to you a plain fact, which ftruck directly at the integrity of a Privy Counsellor, of a Firft Commiffioner of the T- and of a leading Minifter, who is fuppofed to enjoy the firft fhare in his Majefty's confidence. In every one of thefe capacites, I employed the most moderate terms to charge you with t- y to your Sovereign, and breach of trust in your office. I accufed you of having old, or permitted to be fold, a patent place in the collection of the customs at Eto one Mr, H—, who, unable or unwilling to depofit the whole purchasemoney himself, raised part of it by contribution, and has now a certain Dr. B-quartered upon the falary for one hundred pounds a year.-No fale by the candle was ever conducted with greater formality. I affirm that the price at which the place was knocked down (and which, I have good reafon to think, was not less than three thou

fand five hundred pounds) was, with your connivance and confent, paid to prefume, for the decency of his deportment at Preston; or to reimburse him perhaps for the fine of one thousand pounds, which, for that very deportment, the Court of King's Bench thought proper to fet upon him.-It is not often that the Chief Justice and the Prime Minifter are fo ftrangely at variance in their opinions of men and things.

I thank God, there is not in human nature a degree of impudence daring enough to deny the charge I have fixed upon you. Your courteous Secretary, your confidential Architect, are filent as the grave. Even Mr. Rigby's countenance fails him. He violates his fecond nature, and blushes whenever he fpeaks of you.-Perhaps the noble Colonel himielf will relieve you. No man is more tender of his reputation. He is not only nice, but perfectly fore, in every thing that touches his honour. If any man, for example, were to accufe him of taking his ftand at a gaming-table, and watching, with the fobereft attention, for a fair opportunity of engaging a drunken young nobleman at piquet, he would undoubtedly confider it as an infamous afperfion upon his character, and resent it like a man of honour.-Acquitting him therefore of drawing a regular and splendid fubfiftance from any unworthy practices either in his own houfe or elfewhere, let me ask your Grace, for what military merits you have been pleased to reward him with a military government? He had a regiment of dragoons, which, one would imagine, was at least

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