door-poft; whereas Mr. Hyde very well knew, and he believed the General was not ignorant, that if he had tapped him on the shoulder, it would have been a very good arreft. James Hyde alfo fwore, that he faw the General lift up his left arm, and fire over his left fhoulder: how was it poffible he fhould fee this, with only his knee in the room? Felthoufe had fworn that he never faw the General, till he faw him in his own apartment, and that he fired his piftol directly at bis perfon.

On the other hand, when the evidence against the profecution was looked to, the whole matter fworn against the prifoner must be detroyed, if what was depofed in his defence was credited. Mrs. Mayo had pofitively declared they took a double-barrelled piftol from her parlour, to go up to the General. Afhfield, the General's fervant, had pofitively fwore they prefented the pitol to him, and threatened to blow his brains out, if he did not let them pafs; he had alfo pofitively fwore, that he had previously informed his mafter who was coming up to him, and had found his door locked when he gave him that notice.

And another witness had, with equal earneftnefs, declared, that the box of the lock was evidently forced from the door, and that the hole made by the piftol fhot was horizontal, neither inclining upwards nor downwards. In the first place, there was in this evidence for the prifoner a direct denial of the most material circumftance, viz. whether the door was or was not locked; there was, frøm Mrs. Mayo, a direct denial of the bailiffs being unarmed: and the General's fervant had confirmed

the denial: and it was in the highest degree ridiculous to imagine that General Ganfel, who was well aware of his embarraffed circumstances, and knew the neceffity of ufing great caution, fhould be at large on the ftair-cafe; and if he was, and the door was open, why was the lock forced? Again, if the door was open only two inches, the hole made by the piftol could not have been even and direct, but muft neceffarily have been oblique, whereas it was fully proved that it was horizontal; nor was it probable that the prifoner, who was a very lufty man, fhould fire in the pofition the evidence for the profecution had defcribed, directly through the door, which fhot could not poffibly be believed to be aimed at the profecutor's head, he being five feet nine, and the perforation of the door only four feet nine inches from the ground. He muft, firing thus behind him, have fhot out of a level, and not horizontally.

Juftice Nares told the jury, that firing upon a mixed aflembly would, if proved, in trying on an indictment for murder, be fufficient to convict, but that the General was now trying on a particular act of parliament, and that he must be proved to have finned particularly against the meaning of that act of parliament before he could be convifted. That from the evidence for the profecution, it was evident he had not fo finned; for if he flood in the pofition James Hyde defcribed, it was not poffible he could tell who he fired at; and if the evidence for the defence was credited, the door being fhut, it was also evident that he could not tell who he fired at, not having feen the perfons behind the door; and two

of

of the witneffes had pofitively fworn he fired his pistol at each of them.

After a number of very humane and well-founded obfervations, he informed the jury, that they were to judge merely from the evidence before them; that they were to attend to his remarks no farther than they correfponded with their own opinion; and if they credited the evidence for the profecution, and thought his obfervations unjust, they muft neceffarily bring the prifoner in guilty; if, on the other hand, they joined in opinion with

him, and believed that the matter fworn in evidence for the defence was the truth, they must acquit him. The judge finished his charge nearly at fix o'clock. The jury did not go out of court, but after confulting together for a few minutes, brought in their verdict NOT GUILTY. They gave the fame verdict also to the two other indictments, which they were informed rested on the fame evidence. On hearing the verdict, fome of the perfons prefent as auditors clapped their hands. Serjeant Davy very properly noticed the indecency of fach conduct in a court of folemn judicature; and declared, he was fure the General thanked the court and the jury, but not thofe perfons, who could fo far forget the decency of behaviour neceffary to be obferved on fuch an occafion.

General Ganfel, after declaring he had trusted to the good ground he flood upon, only brought two general officers to his character, made a low bow, and retired from the bar. He was indulged with a chair during the trial; he is a corpulent man, about fifty years of age.

The counsel on the fide of the profecution were, Mr. Lucas and Mr. Howarth; on that of the General, Serjeant Davy, Mr. Cox, and Mr. Murphy.

Upon a motion being made by the General's counfel, he was allowed a copy of the indictment.

Abstract of an ACT for the better preventing the counterfeiting, clipping, and other diminishing the Gold Coin of this kingdom.

IT

to this act, that as the preventT is mentioned, in the preamble ing the currency of clipped and unlawfully diminished and counterfeit money, is a more effectual means to preferve the coin of this kingdom entire and pure, than the moft rigorous laws for the punishment of fuch as diminish or counterfeit the fame; and as, by the known laws of this kingdom, no perfon ought to pay, or knowingly tender in payment, any counterfeit or unlawfully diminished money, and all perfons may not only refufe the fame, but may, and by the ancient ftatutes and ordinances of this kingdom have been required to destroy and deface the fame, and more particularly the tellers in the receipt of the Exchequer, by their duty and oath of office, are required to receive no money but good and true; and, to the end the fame might be the better difcerned and known, by the ancient course of the faid receipt of the Exchequer, all money ought to be received there by weight, as well as tale and as, by an act paffed in the ninth and tenth years of William III. provi fions are made for preventing the currency of clipped and counterfeit [0] 2

filver

of the inferior claffes of the people, more especially, have been under a neceflity of buying bread at a higher price than they could afford, to their great hurt and detriment; for remedy thereof, it is hereby enacted, that after September 29, 1773, a bread made of the flour of wheat, which flour, without any mixture or divifion, shall be the whole produce of the grain, the bran or hull thereof only excepted, and which fhall weigh three fourth parts of the weight of the wheat whereof it fhall be made, may be, at all times, and is hereby allowed to be made, baked, exposed to fale, and thall be called and understood to be a ftandard wheaten bread.

The makers of this bread for fale are to mark every loaf with the capital letters S. W. and, though no alize of bread be fet of the weight, they are to make and fell the fame in the following proportions: That is, every ftandard wheaten peck loaf fhall always weigh 17 lb. 6oz. avoirdupois ; every half-peck loaf, 8 lb. 11 oz. and every quartern loaf 4lb. 5 oz. and half of an ounce avoirdupois; and every peck loaf, and quartern loaf, fhall always be fold, as to price, in proportion to each other refpectively; and where wheaten and houshold bread, made as the law now directs, fhall be fold at the fame time, together with this ftandard wheaten bread, they are to be fold in respect of, and in proportion to each other, as follows: that is, that the fame weight of wheaten bread as cofts 8 d. the fame weight of this ftandard wheaten bread fhall coft 7 d. and the fame weight of houfhold bread fhall coft 6 d. or feven flandard wheaten afflized loaves fhall weigh equal to eight wheaten aflized

loaves, or to fix houfhold affized loaves of the fame price, as near as may be.

This ftandard wheaten bread is not to be fold as priced loaves, at one and the fame time, together with alized loaves of the fame ftandard wheaten bread.

Magiftrates are, when they think proper, to fet the aflize, and fix the price of bread, the bakers allowance for baking being included.

After September 29, 1773, makers of bread for fale thall be liable to the fame pains, penalties, and forfeitures, in all refpects whatfoever, for any mildemeanor or neglect, in regard to the faid standard wheaten bread, as they are liable to by the laws now in being in refpe&t to wheaten or houfhold bread.

The miller or mealman, felling adulterated flour, fhall forfeit the penalties directed by 31 Geo. II.

Where magiftrates fhall have fet an affize on the price of ftandard and wheaten bread, as directed by this act, other perions authorized may omit fixing the price of any other fort of bread.

After September 29, 1773, juftices, at their quarter feflions, may prohibit for three months the baking or felling other bread than ftandard wheaten; but no fuch order fhall take place till one calendar month, at leaft, after the making thereof. A copy of fuch order is to be put up in fome market-town, or infested in fome public newspaper; but the company of bakers of London, or of any other city, county, divifion, diftrict, town, or place, may offer objections againft fuch prohibition, at the time when the juftices thall have it under confideration,

Wheaten loaves of the price of [9] 3

id. or 2 d. may be made and fold, according to act 31 Geo. II.

No affize is to be fet on coarfer bread, if fold at a lower price, as directed by act 31 Geo. II. but where any baker of bread shall sell coarfe bread at the aflized houfhold bread price, he fhall be liable to the penalties inflicted by law; and magiftrates are to have the fame powers relative to the making or felling of bread, as they may have by any law now in being, and they are entitled to all the privileges and protections of the laws in being relative to the making and felling of bread; but this act is not to extend to prejudice the right or cuftom of the city of London, or Lords of Leet; nor is it to prejudice the ancient right or cuftom of the Dean of St. Peter, Weftminster, or the High Steward of the city of Westminster, and the liberties thereof, or his deputy; or the ancient right of the universities of Oxford and Cambridge.

All the laws now in being for regulating the price of bread, are to remain in full force, and, where the chief magistracy of a corporation is vefted in two bailiffs, one of them is to fet an aflize on bread.

Extract from the Will of the late Right Hon. Philip Dormer Stanhope, Earl of Chesterfield. The Will, which is engroffed on feven Jens of parchment, is dated June 4, 1772. The Codicil is dated Feb. 11, 1773. The Executors are Sir Charles Hotham, Bart. K. B. now Sir Charles Thomion, Beaumont Hotham, Ejq; and Lovel Stanhope, Eq.

Philip Dormer, Earl of Chefterfield, feriously confidering the

uncertainty of human life in the beft, and more particularly of my own in my declining state of health, do, while in a found ftate of mind, make this my last Will and Teftament, intending to difpofe of all my worldly affairs, not as humour may prompt, but, as juftice and equity feem to direct. I most humbly recommend my foul to the extenfive mercy of that Eternal, Supreme Intelligent Being who gave it me; moft earnestly, at the fame time, deprecating his juftice. Satiated with the pompous follies of this life, of which I have had an uncommon share, I would have no pofthumous ones difplayed at my funeral, and therefore defire to be buried in the next buryingplace to the place where I fhall die, and limit the whole expence of my funeral to 100l.—I give, devife, and bequeath, all my manors, meffuages, lands, tenements, and hereditaments whatsoever, which I am feifed of, interested in, or intitled to, within the counties of Bucks, Bedford, Hertford, Derby, and Nottingham, to the use of my godfon Philip Stanhope, Efq; fon of my kinfman Arthur Stanhope, Efq; deceafed, and his afligns, for and during the term of his natural life, without impeachment of wafte. Apply the clear yearly fum of 2500 l. for the maintenance and education of my faid godfon Philip Stanhope during his minority. And I do declare, that I have directed the faid clear yearly fum of 2500 1. to be paid and applied to and for the ufe and benefit of my faid godfon, to the intent that he may go and refide abroad, at fuch place of places as the perfons herein after named, who are to fuperintend the education of my faid godfon, fhall

think