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66 Arguments from Mr. Murray's by the other house, on troops being called in. The first question was, if an execution fhould be performed in Stocks-market, where a guard of troops were drawn up by lawful command, to prevent a rescue of the criminal, and hould feveral ftones light among them, by which feveral foldiers were wounded, would fuch a guard be guilty of a crime in killing them, and what crime would it be? The fecond question was, in a riot, near a town where a regiment was quartered, fhould the fheriff of the county order the commanding officer to march to his affiftance, may he obey? The third question was, if a detachment of the army is ordered to prevent a number of people from pulling down houfes, and committing any illegal action, can fuch detachment lawfully make use of force, unless attacked by the rioters themselves? The fourth question was, in cafe rioters fhould be pulling down houfes, and a detachment of the army, ordered in aid of the civil magiftrate, and a number of people affemble and ftop all the paffages, may fuch a detachment ufe force? I think it is hardly poflible for any man to word the questions fronger than this. lieve thefe queftions were propofed by a friend of the army, that they might have a guard on their conduct. What was the refult of this? When it came to be confidered, how little the law of England knew of foldiers; and how dangerous a motive it was to fay, on any account that the law confidered them as legal affistance; and yet, how improper it might be to fay, they. fhould not be made ufe of; it was thought proper that thefe questions naver fhould be answered; and they never have been answered to this hour: But when the cafe of their prefence at an election came to be confidered, there were refolutions taken, that no troops fhould come within two miles of the place of election, within twenty-four hours before or after the election this was refolved on wife and mature confideration, without exception. It was admitted they must go by virtue of military command; and I fubmit it to you, that while they are there, they must act under that authority; for if any one thould mutiny, nothing could exempt him from being

Speech in the House of Commons. tried by a court martial. It is faid, Sir, that neceffity will justify every thing, and in a general argument quæ neceffitas cogit, defendit; to the rule itself no exception is allowed; but I little thought this cafe, the cafe of this neceffity, would have been carried fo high; that it was fo great a neceffity, as to be compared to that glorious neceffity. Will any man, a friend to this conftitution, fay, that the collective body of this kingdom meant an act of neceffity? Will they compare them to a body of foldiers paid by them? The people are almost always in the right: The great may fometimes be in the wrong, but the body of the people are always in the right. The civil government of this country was never defigned to be over-awed by the military power. There is a great deal of difference between leaving it to the people to judge of the neceflity, and leaving it to the regular armed troops to judge of it. I am afraid, Sir, experience thews us, it may be pretented, nine times out of ten, to be for neceffity. Let a man but look to Ruffia, and obferve the neceffity

I be there.

"Sir, having faid thus much on the general arguments, you now give me leave to confider this mighty neceffity, which is to warrant a thing that never happened in England before, for it must be taken for granted, that no troops ever came to any election before. The neceflity fpoken to by their witnefes is, that a quarter after four a number of people came and threatened the life of a noble lord and the high bailiff; this began at a quarter after four of the clock, and no foldier came till fix; during that time there was no act of violence done to any man; there was no door forced open; and all that time almost every witnefs paffed through into the veftry: The guards to the doors was but a woman, that has been examined; and the two firft witneffes that were examined, told you, they went into the veftry to the high bailiff; the three juftices went into them, and an honourable member of your own houfe; and if it had been peculiar to his cafe, that he alone was let in, and the people had refifted the others ; out there were a great many admitted

that

An Account of the New Tragedy called Clementinas

that could not claim any right to fo particular a favour. Did not the three juftices go in Did not Rawiinfon go out and retire fafe? During this tumult did one juftice offer to stir out of the veftry? Did the high bailiff ftir? Was there any one conftable applied to? Was there any man by warrant of law a conftable, of all the people that were there? Was there any one applied to? Not one. Was there any thing done to hinder the ten thoufand people in Covent Garden church-yard? They did no mifchief, before the foldiers came, to any one perfon; there were no means ufed, either by the high bailiff or the justices, to charge any one person for breaking the peace; there was no one step of that fort aken; but the justices in the vestry,

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no more than three in number, were fo particularly marked, Mr. Blackerby thought, if they were juftices, they were to be in the intereft of the fitting members. Then, Sir, three of thefe juftices, without ufing any means of law, without fending for perfons in a civil capacity, they fend to defire the affiftance of fome foldiers. I fhould be glad to know how the three justices came to do it? Did the high bailiff join in their requeft? No. Will it then be laid down, that at an election, any three juftices are judges of the neceffity of calling in the troops ?"

Here is law and argument for you,
Mr. Editor. Will Sir Richard Afton
never condefcend to take notice of
A CROWN LAWYER?

For the OXFORD MAGAZIN E.

An Account of the New Tragedy called CLEMENTINA, as it was acted, for the first time at the Theatre Royal in Covent Garden, on Saturday the 23d of February.

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Clementina, the only daughter of this nobleman, had, unknown to her father, contracted a tender friendship with Rinaldo, a young officer in the fervice of the ftate, whofe ancestors had made violent opposition to the measures of Anfelmo, and were confidered as the greatest enemies of his house. A private marriage foon after took place, and made the lovers mutually happy in each other; but Rinaldo being obliged to attend his duty in the field against the foes of his country, after being covered with wounds, was feen to fink amidst a party of his opponents, and an account of his death was immediately carried to Venice.

Overwhelmed with grief at this intelligence, Clementina determined never to enter into a fecond alliance, and used all endeavours to diffuade her father from encouraging Palermo, a youth of noble birth and great abilities, to pay his addreffes to her.

About this juncture the tragedy commences: Clementina, after expreffing Į 2

to

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An Account of the New Tragedy called Clementina,

to her confidant the diftracted state of her mind, from the irreparable lofs of her loved Rinaldo, and the continual diftrefling applications of Anfelmo in favour of Palermo, receives a vifit from her father, who tenderly reproaches her for her want of obedience, and urges the neceffity of her looking on Palermo as her intended husband in fo pathetic a manner, that, penetrated with a fenfe of filial affection, Clementina faintly confents to listen to the fuit of that young nobleman, who is foon after, to his great fatisfaction, made acquainted with the fuccefsful iffue of Anfelmo's interview, and, fuppofing his marriage with Clementina on the point of being celebrated, expreffes his gratitude to the venerable Senator in the strongest

terms.

During thefe tranfactions, Rinaldo, who had been left for dead on the field of battle, being perceived to have fome figns of life, was taken care of, and recovered by his generous enemies, who aftonished at his valiant exploits reprefented them in fo ftriking a manner, that he received uncommon offers of preferment, on condition he entered into the service of the French monarch. As he had little expectation from the power of his opponents, and the decline of his family, of railing himself in the Venetian army, and as he despaired of obtaining Anfelmo's approbation of his match with Clementina, in his prefent condition, he refolved to accept the offer that was made him, and advance his fortune in a foreiga land. He accordingly changed his name to Granville, and in a fhort time gave fuch fignal proofs of his talents, that he was loaded with fame and honours. The distracted state of Venice having made it imagined the repubtic mult fall an eafy prey to her enemies, the French Monarch fent Granvile as ambaffador to that city, with propofitions of friendfhip, alliance, and protection, provided the Senators would in fome fight degree acknowledge him as their Sove reign.

This embally was extremely acceptable to Granville, as he hoped to find fome means of feeing his long loft Clerentins, (whom he had never been

able to inform of his condition) and perfuading her to accompany him to France.

On his arrival at Venice he difcovered himself to Elizara, who, at the intant Clementina's mind was agitated to the highest degree, from the impor. tunities of Palermo, and when she had determined to die by her own hand, rather than submit to become his wife, acquaints her with the happy news; and an interview, of the most tender nature, foon after takes place between Granville and his amiable spouse, who is extremely follicitous to have him conceal his real name and character, as a law had long fubfifted in Venice, purporting, that if any native of that city made the leaft attept to alter its conftitution, he should be punished with death and as the embassy Granville had undertaken made him, if known, anienable to that law. Anfelmo, as head of the Senate, after a fhort time gives audience to the Ambassador from France, and after hearing his propofals, treats them with the utmost indignation.

A writing which Granville produces from his King, vefting the Viceroyhip of Venice in Anfelmo and his defcendants, is torn in pieces in the most contemptuous manner by that honest Senator, who, like a true citizen of a Republic, afferts the independence of his fpirit with the utmost freedom, and fhews himself an incorruptible and difinterefted friend to the liberties of his country. After this laudable exertion of his zeal, he tells Granville, notwithftanding his injurious offer, he shall be glad to receive him as a private gentleman during his refidence in that city, and retires in order to prepare for his daughter's marriage with Palermo, who, a fhort time after, appears in great confufion, and declares to Anfelmo, that he has difcovered an intimacy between his daughter and Granville, which gives him the deepest concern, and directly mentions having feen them together in one of the private receffes of the garden. Anxious for the honour of his child, Anfelmo flies to the place, and perceives Granville at the inftant he has embraced her, in confequence of her having confented to accompany him in his ret

turn

An Account of the New Tragedy called Clemetina.

turn to France. Anfelmo, on this detection, loads them with reproaches, commands Granville to be feized, and forced on board his veffel, which by an order from the Senate is obliged to leave the harbour without delay, and, fuppofing his darling daughter difhonoured by a ftranger, retires in a paroxyfm of grief and defpair.

This fcene of domeftic diftrefs is followed by one of public reward. The gratitude of Anfelmo's countrymen fer the fervices he had done the State, arose to fuch a pitch, that they, in open Senate invite him to accept of the fovereign authority, but with an almost unexampled magnanimity he refufes the tempting offer, and affures them his higheft ambition is to procure the eftablishment of Liberty in the Republic, and to free it from the dominion of foreign and domestic tyrants, and that he will never accept of any diftinguished pre-eminence above the rest of his fellow-citizens. This difinterefted declaration is received with the loudeft acclamation by the populace, who conduct him to his house in triumph.

Granville, anxious to deliver Clementina from the diftrefs it muft naturally be fuppofed fhe was in, after leavirg the harbour, determined to make a defperate effort to carry her off, and accordingly tacked about and landed a party of his men near Anfelmo's garden, where he prefently obtains the object of his wishes; but juft as they were preparing to embark, Palermo interposes, and attacks Granville with great fury, but being overpowered by numbers, he is at length difarmed, and kept prifoner by Granville's affiftants, who, from the alarm being given, are not able to gain the fea beach, but are defeated by the Venetians, who retake Clementina and Palermo, and feize Granville, who is immediately thrown into clofe confinement for his fuppofed atrocious behaviour.

Clementina's perturbation of mind left her husband's real character fhould be found out, is inexpreffible, and her father's ill opinion of her, the is hardly able to fupport; a candid confeffion of her real fituation feems to her the

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moft likely method of terminating her misfortunes; relying, therefore, on the goodness of the worthy old nobleman's disposition, the throws herself at his feet, and declares every transaction that had happened from her firft acquaintance with Rinaldo. Affected at the particulars of her story, and happy to find her honour is yet untainted, the good Anfelmo congratulates his daughter and himself upon there yet remaining a profpect of happiness, as he doubts not from his great influence to reconcile his fon-in-law with the Senate, but the unfortunate Rinaldo having efcaped from his confinement, and meeting with his rival Palermo, an honourable termination of their dif pute, by fingle combat, is the confequence of their rencounter, and Rinaldo being mortally wounded, has only ftrength enough left to prefent himself before his beloved Clementina, and breathe his laft on her bofon. The unhappy lady appears, for fome time, torpid with defpair, but her paffions at length breaking forth, fhe execrates the authors of her misfortnne, and terminates the melancholy by ftabbing herself in a fit of distraction.

The above is a flight sketch (taken from a firft reprefentation only) of this interefting tragedy, which abounds with fentiment and theatrical bufinefs, and was received with univerfal applaufe by the audience. The performers, notwithstanding it is faid they got ready in their character at a very thort notice, acquitted themfelves with great propriety in their different depart ments. Not to mention Mrs. Yates in particular on this occafion, would be a very unjustifiable omiffion, as fhe, through the whole part of Clementina, gave fuch exquifite proofs of her altonishing theatrical talents, that the frequently produced the most uncommon bursts of approbation from the admir. ing fpectators. The prologue was spoken by Mr. Renfley, and the Epilogue, containing a humorous defcription of Venice, by Mrs. Yates; both which will be laid before the public as ufual in our next Magazine,

Scotch

I

Seotch Pride humbled, or, the Rebellion crushed.
(Embellished with a curious Copper Plate.)

T is very mortifying to a great general to confider what little value is fet upon ancient heroes in the prefent days. Names which grace the pages of ancient history are now given by us to our domeftic animals, and the guardians of our fheep are named Pompey, Cæfar, and Nero. Whether this be not owing to fome faith in the pythagorean fyftem of tranfmigration, I will not take upon me to fay; but if it be, it discovers more malice than contempt.

I never meditated on this fubject without concern; and have carried my thoughts a step farther in thinking it is equally difgraceful to find the title of an extraordinary hero given to a lefs worthy defcendent.

The title of the duke of C---formerly carried with it an idea of heroism and dignity; when his late highnefs died, I' was in hopes that his title would have been fuffered to lie dormant. It was dangerous to confirm it upon a fecond perfon, left it should increase his difgrace rather than add to his dignity.

The cenforious could not help making an invidious contrast between the two poffeffors, and one must shine in proportion, as the other would fink in popular eftimation. The first duke, a perfon might properly fay, was a perfonage of a cultivated genius; the fecond unable to fpell or indite a letter in his native language. The first preferved the conflitution by crushing rebellion, the fecond infringed the facred rights of matrimony, by carry ing on an illicit correfpondence with the wife of a peer. The first went early into the field and returned crowned

with well-earned laurels; the other went to fea only to write love letters to another man's wife. If this fhould be the cafe, they who lifted up the fucceffor to popular cenfure, would be as culpable, as he who provoked it. Under any other title, his faults might pafs unnoticed, under this they intrude themselves upon us, whether we will or no.

The revival of this title feems not lefs impolitic, than it was unseasonable. The name of the duke of C muft raife averfion in the breast of every Scot, who was related to any of thofe, whofe blood manured the field of Culloden. They found that their wounds were to be laid open again, and their fhame must think this an outrage not lefs cruel than unreafonable. This would rather increase difaffection, than promote union, and、 ferve to rekindle a flame, which it was neceffary to stifle.

But if we view this affair in another light, it may not appear in so formidable a shape.

The Scots were to be amply repaid the fufferings they had endured for their rebellion. The highest places in government were to be conferred on them as a compenfation, and every department in the ftate which could produce either dignity or riches were to be accumulated on their countrymen. They were to be confoled for the distress in which they were plunged by the Englifh Hero—and that his title might no longer carry with it the painful idea of victory it was given to one, who has been famous for no victory, but the victory over the fair Sex. ---Coll,- -Oxon--

ANTIQUARIUS.

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