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THE

EUROPEAN MAGAZINE,

AND

LONDON REVIEW,

FOR JANUARY 1800.

LORD CHIEF JUSTICE EYRE.

(WITH A PORTRAIT.)

HAVING in cenour Magazine for imagination, thall think fit to throw out

THE

PRINCIPAL

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upon able and upright Judge, whose abilities CER, and one of and integrity contributed to support the MAGISTRATES of the CORPORATION. Law, and to render the seats of Justice -If the Court is pleased to give fo respected in times of great difficulty, much countenance to what the Gentlewe thall on the prelent occasion afford men call a Charge, as to think that I our readers an opportunity of perusing ought to enter into an Explanation of his manly and spirited defence, on the my Conduct, my Respect for the Court 27th September 1770, of his conduct will lead me to give them an Answer, in refusing, as Recorder, to attend the and I hope it will be a satisfactory Lord Mayor (Beckford), Aldermen and one. Commons, with their famous “ humble I am required to give my Reason for Address, Remonitrance, and Petition," REFUSING to attend on the presenting to his Majesty, on 23d May 1770. The of your ADDRESS, Petition, and events of that period now become histo. REMONSTRANCE to His MAJESTY. ry, and most of the actors in the busy My Reasons were there. I was of bustling scene no longer disturb the opinion that your Address, Petition, repofe of mankind, by frivolous alarms and Remonftrance, in the manner in or groundless apprehensions. Of thole which it was penned, was a LiBel whom time has not swept away, that UPON HIS MAJESTY, to which it all powerful disposer of events has would have been contrary to the Duty taught to coltivate moderation and quiet, of my Office to have given the least cours to luipect the pretences of pseudo patri- tenance : and I couli not officially preots, and ne longer to suffer themielves sent a Libel to His Majesty without to be the dupes of selfish clamour or making my felf a principal in the Guilt interested opposition. The Speech was

of that Act. as follows:

I cannot conceive that this Court can

want to be informed of the Reasons of MY LORD MAYOR,

my Conduct on this occasion, as it canI thought it a Duty I owed to not be forgot, that I openly declared my myself, and to the rank which I have opinion of the Language of the Address, the honour to hold in this Assembly, both in the COMMITTEE and in this not to submit to be called upon by any COURT; for though I might be misOne or two individual Members cf taken in that opinion (having no prethis Court, to answer to any thing, tenfions to infallibility), yet having which they, in the Wantonness of their that opinion, and having, as it was my

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duty, declared it to you, it was impor. is no other ftandard ; BUT CAN YON dible for me to take any part in the farther PUT THE LAW OF THE LAND TO TRE prosecution of the measure.

vote? and will a LIBEL cease to be a As a LAWYER, as a MORAL MAN, libel because you vote it an HUMBLE and a MAN OF HONOUR, could I, PETITION! With the Strongest dispoáagainst my judgment, and against the tion to defer, upon all occasions, to the conviction of my own mind, concur in better judgment of the Common Council,

act which appeared to me to be I cannot bring myself to think, that a CRIMINAL?

majority, upon a question of mere LEGAL And can any man conceive, that it CONSIDERATION (of which, with fu.. faould be the Duty of my OFFICE to mission, they are not quite so competent join in such an act ? --Corporate Capa. judges as I am, though they may be very cities and Relations, and the Duties honest and very wise men): Hay, I cao. which arise out of them, respect LAWFUL not bring myself to think, that a majo ACTs only; and such lawful acts only rity ought to over-rule my judgment, as are of a

CORPORATE NATURE, much less determine my conduat againft and are strictly within the powers vested' my opinion :-nor can I believe, that the in the Corporation. To these purposes Conftitution of the City placed a Law you are a 'Court of Common-Council, Officer lo near to this chair, and bound and I am your Recorder : if you exceed him by the OBLIGATION OF AN OAT! your powers, the relation between us is to give you good and wise COUNSEL, diffolved; we become that instant mere without intending, that you should pay individuals ; we act as such, and must some attention to his advice, inftead of answer criminally for our conduct with- out-voting him. There was more colour out any diftin&tion of Character or for a complaint on my fide, that you had Office.' It would be extravagantly ab- haftily committed the HONOUR OF furd to suppose, that you could impose the City of LONDON, in a rash mea. a Duty upon me as an Officer ; which fure, against the advice of a sworn 0$you could not protect me in the discharge cer, whofe opinion ought to have some of. It will not be less absurd to lup- weight, than for an Accufation, charging pose, that you could protect me as an that I refused to act a DOUBLE, an Officer, for the pare I Jould take in INCONSISTENT, and an UNWORTHY your Offence,

PART, by concurring in such a meafure OFFENDERS.

againét my declared opinion. It is with altonishment I find, that No man could have conducted himself, any man can wish to press such A in a NECESSARY opposition to your Dúty upon me.

wishes, with more moderation, or with What effects may not party, rage more caution, to avoid giving offence. produce, when it can reconcile a Love I have always endeavoured to cultivate a OF LIBERTY, and a generous Concern good understanding with the Court of for the Rights of the Subject, which Common Council; I respect the characthis Court has always exprefled, and I ter with which the members of it are in. am perfuaded has always felt, with 10 velted ; and I have great personal regard SLAVISH and so TYRANNICAL A PRIN. for many, to whom I have the honour CIPLE, as that which attempts to lub to be known. I have always laboured due a liberal mind? which endeavours to facilitate their bufiness, and to make to drive a man, by the exertion of au. myself useful to them. I was heartily thority, into an aflive lubmillion to concerned, that I could not concur with measures against his JUDGMENT and the Court: but it always has been, and his CONSCIENCE, and would fain oblige it ALWAYS SHALL BE, my first object, him to INSULT HIS PRINCE, and to to do what I THINK MY DUTY. I can. violate the LAWS OF HIS COUNTRY? tented myself, however, with declaring

But I ought not, it teems, to set up to you, as was my duty, my opinion of my private opinion againit the judgment your Address; and with apprizing your and determination of the Court. When late Mayor of the necessary consequence you judge of matters within your pro of that Opinion, that I could not attend vince, and of which you are competent him to the Foot of the Throne. judges, your determination shall conclude I submitted to all the abuse which I my private opinion.-Upon questions of was loaded with upon thete accounts :prudence and discretion the decision of a I took no pains to justify my Opinion to majority ought to bind the whole inihere the World, because, in juftifying myfrif,

I muft

BEING

YOURSELVES

I muft have ACCUSED YOU; and that, It has been suggested, and I have no without a necessary call, like the present, doubt but that, after I am in obedience I wished not to do. It was of import to the Wishes of the honourable Alderance that you should have been right, men withdrawn, it will be again imputed both for the HONOUR OF THE CITY, to me, that this Opinion of mine is poliwhich, as I have already observed, was tical ; that I have indirect views in maincommitted, and for the Success of the taining it; and, in the part which I found Cause in which you were engaged, which, myself

obliged to take upon it. While in my opinion, has suffered exceedingly I was speaking the word CHANCELLOR from the late violent measures.

reached my ear. I will take this opWhen the People set themselves to op- portunity to explain myself upon thac pose IRREGULARITIES in Government, head. Were I disposed to sacrifice my ihey ought to be strictly, REGULAR Opinions to views of Ambition or InteTHEMSELVES; otherwise they strengthen rest, I have lived long enough in the the hands of those whom they wilh to world to know the nearest way to Ho. oppose, and fix upon themselves the griev- nours and Preferment: I would take ances which they wilh to remove. You the high-road of Opposition ;-) would think differently' upon this subject, but have been one of the molt ałtive Men at I believe I am right. Every moderate the LONDON TAVERN; I would have man, who wishes to preserve some Go- boug bt Freebolds, to entitle me to SIGN vernment among us, rather than throw PETITIONS ; and, to crown all, I would every thing into confusion, has felt and PAY NO LAND-Tax: then, I have no acknowledged the necessity of detaching doubt, I might have worn some of those himself from a party who are capable of Honours which other Gentlemen are proceeding to such extremities.

graced with.-But I am not disposed to The Policy of your Conduct, however, make such a sacrifice-I have been many was not my concern: I was concerned years in this Office, and a very laborious for the HONOUR OF THE CITY OF one I have found it. Hitherto there are LONDON, and of this COURT, which no appearances of any undue influence appeared to me to be precipitated, by the upon my mind : I am content to remain intemperate Zeal of its Leaders, into very a private man: all I desire is to have rash and reprehensible measures.

LIBERTY to retain my OPINIONS, and I wish I could now (after having had not to be FORCED TO THINK with the time to think upon this subject) see rea

Court of Common Council, upon great son to say that my Opinion was ill-found. and essential Points of Law and the od: I would most cheerfully acknowledge CONSTITUTION. it; I should rejoice in the opportunity it To thew that it was my Duty to afforded me of vindicating the Honour of have attended your Address, the Oath, this Court- but upon the fullest conside, which was administered to me when I ration of the matter, and judging of it entered upon my Office, has been read; by those Rules of Law, which (from the though it should now fail of that end, it Year 1696 down to the introduction of has, however, already answered the purthe modern Theory of Libels within these pose intended to be effected, by an un. last twenty years) have established the candid circulation of it two months after measure of Obedience, Respect, and Re. the transaction, at the eve of a recess, verence due to Government, and more when nothing could be done upon it for especially to the PERSON OF THE KING, fix weeks or two months to come, during as the first MAGISTRATE, I remain all which time the curious world were to of opinion, that your ADDRESS, Peti. busy themselves with conjectures touchTiON, and REMONSTRANCE, in the ing the nature of the PERJURY, which manner in whicb it was penned, was the RECORDER had been guilty of. libellous, unconstitutional, and criminal. According to the Oath, I am to be .

It is hardly worth while to take notice of the interruption the Recorder met with in this part of his Speech : but as it has been misrepresented, the fact thall be stated. Mr. Alderman Townsend took notice, that the RECORDER had' said he heard the word ChanCLILOR, and looked towards the Bench where he fat ; that he had not heard the word used by any body; and he defired that the RECORDER would point out from whom it came, The Rucolder answered, that he was too much engaged, and in too much hurry at such a jun&ure, to mark from whom it came, or to point him out; but that the word reached his eas.--Here the interruption ended,

3

ready

CORDER.

ready " to come at the WARNING OF in the Office of RECORDER: if ther's
• THE MAYOR AND THE SHERIFFS, duties should clash, the firft is the supe-
“ to give good and wife Counsel, and to rior, and must be obeyed.
“ ride and go with them upon all occa Little as the Oath of Office has to do
• cafions, when need shall be, to main. with the Question now before the Court,
“ tain the State of the City."

I am not forry that I have been reminded The last branch of the sentence plainly of it, even in the inrudious way which refers to the proceffions upon solemn

has been taken to refresh my memory : days, when the STATE of the City,' inat I hope I shall be the better for it. I is, the Lord Mayor, the Aldermen, the hope a more general benefit will arise, City Oricers, and the Companies, are and that it will put other Gertlemen called out.

upon looking back to THEIR Oaths; The Oath of the RECORDER is of a Oaths of ALLEGIANCE, Oaths of much older date than the prefent esta Office !-Aldermen, SHERIFFSblithment of the Common Council. The Common Council Men, are all fworn to Common Council was, I believe, efta. attend their Duty, as well as the RE. blished some hundred years before they began to prelent Addreiles: their Ad If a much more trivial Excuse thari dresses uere, ORIGINALLY, sent by De. that which I have urged for

my

Refusal putations, or Committees, when, I pre to attend, ought not to be received, fume, the Recorder was DESIRED, not what a load of Guilt will be thrown COMMANDED, to give his allistance, as vpon the Conscience of almost every it is the pradlice at this day with regard Man who hears me. I have known to all other Committees.

· Aldermen abtent from all Duty for I have no idea that there is any au years together :--I have known a thority any where to exact the attendance Common Council Man not come within of any Oficer or Member of the Court thele Walls, in quiet Times, from one upon voluntary PilgrimagestuSt. James's, St. Thomas's Day to another. I have when the interest of the Body CORPO. known Sheriff's absent themselves from RATE is not immediately and directly their Duty, when it was convenient to concerned.

them to be in the Country.-If I am to But suppose the attendance upon the be censured for a Breach of my Oath, I Common Courcil to be within the Oath, hope I may prevail that He who is INwhat sort of caluiftry must that be, which NOOENT may cast the first Stone. extends the ohligation of the Oath (an I fall trouble your Lordship and the obligation to give good and wife Counjel, Court with very little more,----I repeat and to ride and so when need shall be to that I am truly concerned, that a Case maintain the STATE of the City) to a should have arilen in which it became cafe, in which the GOOD and WISE my Duty to refuse to concur officially COUNSEL which I have given was not with the Court of Common Council; to ride and go? That there was no I wish to co operate cordially with you NEED that it would not maintain the in all your Meatures : For seven Years STATE of the City, but DIEGRACE it. and a half I have given you Proof of

But further : When I was of opinion this Difpofition; after which it ought that such RIDING AND GOING was not not to be lightly fufpected.-But I canorly unadvised, but UNLAWFUL and not submit to act igainst my Judgment CRIMINAL, is the Oath to be extended and Conscience: I have no Conception, to luch a case ? Is it not one of the that you have a Right to exa& so levere first principles of ETHICKS, that an a service from YOUR RECORDER: If Oath cannot impoie an obligation to you have, all I can say further, is, that do an unlawful AĆ?

you never fr.all exact it from me: I will Suppole the Court were gravely to be the Servant of the City, but I will resolve to present their next Remon be the Slave of no Man, nor of any

Set Atrarce AT THE HEAD of the six REGI of Men ; I came into this Office an • MENTS: alter I had humbly advised independent Man, and fo I will leave

you not to RIDE AND GO upon that it. I mould be glad to be upon good busine's, world any Oath oblige me to Terms with the Court of COMMON · make one of such a party, and to co COUNCIL:--but I will never purchase AND BE HANGED with your Lordship their Favour upon Conditions which, and the rett et the Court..

upon Reflection, I thould be ashamed I am sworn to be faithful to his MA oi. JEST Y, and to the CITI OF LONDON,

ACCOUNT

1

ACCOUNT OF LONDONDERRY.

(WITH A VIEW. See Frontispiece.) ONDONDERRY is one of the civilizing this part of Ireland. Hence

, and of titully situated of any town in Ireland, either in a canton or in an etcutcheon, and, excepting Cork, as conveniently as the armorial enlign of the province of any for commerce.

It is seated on a ULSTER, viz, argent, a hand finifter, gentle eminence, of an oval form, and coupied at the wrist, extended in pale almott a peninsula at the bottom, and in gules. a narrow part of Lough or Lake Foyle, I he grant of this tract of country to which surrounds, for a quarter of a mile the citizens of London, was quickly atbroad, two thirds or more of the emic tended with some disputes, on pretence nence, and might easily be brought en. that they had not fulfilled their agreetirely round the city. Through this ment; but these being pacified, and the Lough it communicates with the sea on place found exceedingly commodious in the very North of Ireland.

point of fruation, being a peninsula, hav. The city of Derry is far from being ing a river or lake rather on three sides, what some have called it, a place or even and the fourth-ealily fortified, they began a city of modern erection, since it was to build and strengthen it with much dilim been a Bishop's See near fix hundred gence; and a new charter being sent over years. It was in the latt long rebellion to the Corporation, and a gilt fword to againft Queen Elizabeth, that the Lord the Mayor, in 1615, this city assumed Deputy. Mountjoy saw the importance the name of LONDONDERRY. Dr. John of making settlements and garrisons on Tanner was then Bishop, and the first the side of Lough Foyle, which was buried in the new Cathedral. In fucoften, though without fuccess, attempt. ceeding times, as the value of their grant ed, till it was at length effected by Sir more clearly appeared, new complaints Henry Deckra, at the very beginning of were raised against the Managers for the the seventeenth century, who built a fort city of London, and the Companies, at Culmore, and put an English garrison which produced several royal commila into Derry. Upon the Earls of Tyronne fions of inquiry in it and the fucceeding and Tyrconnel breaking out into rebel- reign, particularly one to Sir Thomas lion, and retiring into Spain, fome of Philips, whose report thereon is extant, their accomplices surprised Derry, A. D. (See Harris's Hibernica). At length, 1606, of which Sir George Powlet was on a suit commenced in the Star Chama Governor, murdered him with all the ber, judgment was given, in 1636, against garrison, and committed many other the Londoners, and their estates there. cruel and deteftable actions. Upon the upon sequeltered. In 1637, Sir Thomas suppreling of this insurrection, upwards Fotherlay and Sir Ralph Whitfield were of half a million of acres, plantation impowered by the Crown to let leases of meaiure, in fix contiguous counties, were thele lands. In 1646, the Parliament forfeited to the Crown; and several pro- by their resolutions declared all thele jets were formed to enable King James proceedings illegals null and void. The the First to settle them. Amongit others, City, however, did not recover posesion rear two hundred and ten thoufand acres till 1655, and held it, as all property was were granted to the city of London, and then held, in a very precarious manner, the great companies, in confequence of an But foon after the Restoration 1662, his agreement figner with the Crown, Janu. Majesty King Charles the Second granted ary 28, 1609, by which they undertook a new charter, under which this noble to plant thele lands, and to build and colony quickly began to raise its head fortify Colerain and Derry. These pre. again, and has ever since most prosper, parations fo alarmed the Irish, that, to oully proceeded. keep them in awe, and to put Ulfter im This small city is neat and beautiful, mediately into a safe condition, the he- built for the most part of free ftone, reditary order of Knighthood, called with a large church, spacious market BARONETS, was devilęd, who purchased place, and a beautiful tone quay, ta their respective patents by the payment which come up vessels of conliderable of a large fum, 'to support troops, and burthen. It is famous for having refiftto defray other expences incident to the ed the collesica (trength of the Irish in

the

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