Reflections on the late Treaty with Spain. anay coft us dear, and I am fully convinced the fear of thefe will furnish our minifters a pretence for not reducing a fingle man of our army. I have juft room to tell you a ridiculous ftory has happened here. In the diocese of Wells the bishop and his chancellor have quarrelled: The confequence has been, the bishop has excommunicated the chancellor, and he in return has excommunicated the two archdeacons. A vifitation of the clergy was appointed; the bishop not being able to go himself, directed his archdeacons to vifit for him. The chancellor alleges from the conftitution of him, this cannot be, and that the bishop can delegate his power to nobody but himfelf; fo that probably all the clergy who attended the chancellor will be excommunicated by the bishop, and 63 all who obey the orders of the archdeacons will be excommunicated by the chancellor. The bishop in the cathedral, when the sentence of excommunication was going to be read, fent for it, and tore it in the open church; the chancellor afterwards affixed it on the church doors. There are a great many more ridiculous circumstances attending this affair, which I cannot well explain : But upon a reference of the whole to my lord chancellor, I am told he has declared his opinion in fupport of his brother chancellor. I am glad I have left no space to put my name to the bottom of my letter; after fome things I have faid, it may be improper, and I am fure it is needlefs when I affure you no man can be with more fincerity and regard, than I am, your most obedient humble fervant. To the EDITOR of the OXFORD MAGAZINE. SIR, I news-papers, afferted, "That when our miniftry W Reflections on the late WHAT has this black-blooded monarch of Spain done, but loaded us with a moft grofs infult, by a temporary foother? Because his catholic brother, forfooth poor Lewis Baboon, is out of condition, by the fevere treatment of his lewd miftreffefs. A deceived man may be pardoned; but to be humbugged with our eyes open carries with it fuch an air of wilful villainy, that I have not patience with thefe timid tools who have been caught with a little caftilean cheese, in the Spanish moufe-trap. Zounds, the original fpunk, which for eyer has Treaty with Spain. PLAIN TRUTH. characterised this nation, is dried up! What would not a great man do at the head of this kingdom? To be virtuous and religious is not fufficient ;-look at the hero and heroine of the age, the king of Pruffia and the empress of Ruffia, and (Mars be praised) they have neither religion nor virtue. Private virtues don't mark the character of a prince. We once faw it in Marcus Antoninus. But the character of pious, to every prince fince his time, has been a poor water-gruel character. Let Popes and Nuncios, and all fuch ecclefiaftic fcoundrels, be innocent in nocents. 64 The Petition of the Prisoners in the King's Bench to the House of Lord's. cents. We want warlike virtues, fuch as once glowed in the bofom of a fifth Henry; who by this time, would have been at the comedie in Paris, while Lewis was difputing on a fettee with that beautiful bunter, Madam B―é. I Roufe, roufe, ye gallant English! and take advantage of thefe fubtle foes, who will pay you that compliment as foon as they are in condition, and trim you for this cautious credulity. CURTIUS. To the EDITOR of the OXFORD MAGAZINE, SIR, Was one of those that helped to make up that curious groupe of characters at Mrs. Cornelly's mafquerade. I was not either throuded or coffined; nor was I an eastern prince, or a western planter, a north British pedler, or a fouth British porter: I figured away in the facetious bufy character of a harlequin, and skipped and jumped about with the agility of a rope-dancer. Look at the copper-plate annexed, and you may perceive me clofe by the fide of that right reverend figure habited with a black box, embellished with a death's head and cross bones. You cannot conceive, unless The Petition of the Prifoners in the King's Bench to the House of Lords. To the Right Honourable the Lords Spiritual and Temporal of Great Britain, in parliament allembled: The Petition of the Prifoners confined in the King's-Bench Prifon for Debt, Humbly fheweth to your Lordships HAT, by the common law of the Tkingdom, the bodies of men were not fubject to any kind of restraint for civil actions. That by the 19th ca. Magna Charta, no man to be taken or imprifoned, but by the judgment of his peers. That the Accomptant act, made in the 52d of H. III. and the reference to it by the 25th of Edw. ca. 17, on which the lawyers have raised a fyftem for confining the bodies of your lordhips petitioners, being infringements on the great charter, were repealed by the 34th of Ed. I. the 43 Ed. III. ca. 1. the t for abolishing the ftar-chamber, the petition of right, and act of S. L fettlement: Therefore your petitioners humbly reprefent unto your lordships, that both by the common and statute law they are entitled to liberty. Your petitioners alfo humbly beg next to mutual protection and defence leave to obferve to your lordships, that from foreign enemies, focieties were formed to prevent private individuals from revenging their own quarrels, or being arbiters in their own difputes; yet, contrary to this great principle and defign, prifoners for debt are shut up in prifon without any enquiry into their degree of criminality, at the will of a party, and punished at his pleafure and difcretion, though the Atate is injured by the prifoner's confinement, himself rendered ufelefs, and his family destroyed. Your petitioners further beg leave to fhew your lordships, that this bad cuftom of confining the bodies of men is pejudicial to the creditor, as well as the Arguments from Mr. Murray's Speech in the House of Commons. the debtor; for it renders the defendant totally unable to pay what he owes; and only tends to gratify private refent, which ought in all ftates to be restrained; but never, in any inftance, to be encouraged. And to such a degree of rigour is the practice carried, that even after giving up our all, to be divided among our creditors, our bodies are left to ftarve and perish in a prifon. Your petitioners beg leave to affure your lordships, that the prefent deftructive helpless condition of prifoners for debt, only crept into practice at the time of the civil wars in king Charles the first's reign; for though they were taken and confined for a small time before that period, they were not left to endless mifery, as they are at prefent; though the creditor arrefted the body, there was a conftant commiffion for the king to relieve fuch as were by the commiflioners found honeft, and were willing to give up their all to their creditors. This commiflion was in force all the reign of queen Elizabeth-It was renewed by king James in the 15th year of his reign, and continued to his death; and we humbly fubmit to your lordships, that it was grounded on the authority of the zd of Edw. III. ca. 7. And your petitioners beg leave to obferve to your lordships, that ever fince fuch commiffion has been difcontinued, debtors are indifcriminately fhut up in prifon; and confequently detroyed without any regard had to their baving been fraudulent, or only mis. fortunate; contrary to that humane maxim, that the innocent fhould not be punified with the guilty; nay, that it is better that ten bad men should efcape, than one honeft man thould fuffer. 65 Your petitioners alfo reprefent to your lordships, that the dread of confinement drives into foreign countries many thoufands yearly, of the beft manufacturers and artizans; by which means our rivals in trade are inftructed in our most valuable myfteries, to the great prejudice of this kingdom. Your petitioners have often applied to the honourable court of King'sBench for redrefs of their grievances; humbly imploring the judges to explain and point out the law, if any, for fuch dreadful punishment, as perpetual imprifonment, at the will of, perhaps, one fingle creditor for a debt of ten pounds, without the smallest allowance for our fupport. We have fupplicated them to be only put on a footing with felons, that we may be tried by our peers, agreeable to the great charter, and punifhed or delivered according to the degree of our guilt, if any crime could be lawfully proved against us. But they have given us no relief-they defired us to apply to your lordships. May it therefore pleafe your lordfhips, to take the power of punishment out of the hands of our plaintiffs, who are parties, and to lodge it as the conftitution intended, with a trial by jury. Let your petitioners be as feverely punished as they deferve, but let our fentence be pronounced by our peeis; or grant any other relief to your petitioners as your lordships hall in your great wildom feem meet. And your petitioners, as in duty bound fhall ever pray, &c. Signed by the direction, and at the requeft of three hundred and forty prifoners confined in the King's Bench prifon. JAMES STEPHEN. To the EDITOR of the OXFORD MAGAZINE. Trouble you with a few arguments from Lord Mansfield's celebrated fpeech, when Mr. Murray, at the bar of the honte of commons, in the year 1741, on the famous Weftminster election, to fhew the impropriety of ever VOL. VI. calling in the military, and to prove how far he differs in opinion from Sir Richard Afton. "In the year 1736, or 1737, Mr. Speaker, faid Mr. Murray, fome queftions were put to the twelve judges by |