July given an account of this able and upright Judge, whofe abilities and integrity contributed to fupport the Law, and to render the feats of Juftice respected in times of great difficulty, we thall on the prefent occafion afford our readers an opportunity of perufing his manly and fpirited defence, on the 27th September 1770, of his conduct in refufing, as Recorder, to attend the Lord Mayor (Beckford), Aldermen and Commons, with their famous "humble Addrefs, Remonftrance, and Petition," to his Majefty, on 23d May 1770. The events of that period now become history, and most of the actors in the busy buffling fcene no longer difturb the repofe of mankind, by frivolous alarms or groundless apprehenfions. Of thofe whom time has not fwept away, that all powerful difpofer of events has taught to cultivate moderation and quiet, to fulpect the pretences of pfeudo patriots, and no longer to fuffer themfelves to be the dupes of felfish clamour or interested oppofition. The Speech was as follows:

MY LORD MAYOR,

Ì THOUGHT it a Duty I owed to myfelf, and to the rank which I have the honour to hold in this Affembly, not to fubmit to be called upon by any ONE or TWO individual Members of this Court, to answer to any thing, which they, in the Wantonnefs of their

as a Charge upon the firit LAW OFFICER, and ONE OF THE PRINCIPAL MAGISTRATES of the CORPORATION. If the Court is pleased to give fo much countenance to what the Gentlemen call a Charge, as to think that I ought to enter into an Explanation of my Conduct, my Refpect for the Court will lead me to give them an Answer, and I hope it will be a fatisfactory

one.

I am required to give my Reafon for REFUSING to attend on the presenting of your ADDRESS, PETITION, and REMONSTRANCE to HIS MAJESTY.

My Reasons were these. I was of opinion that your Addrefs, Petition, and Remonftrance, in the manner in which it was penned, was a LIBEL UPON HIS MAJESTY, to which it would have been contrary to the Buty of my Office to have given the least coun tenance: and I could not officially prefent a Libel to His Majefty without making my felf a principal in the Guilt of that Act.

I cannot conceive that this Court can want to be informed of the Reasons of my Conduct on this occafion, as it cannot be forgot, that I openly declared my opinion of the Language of the Addrefs, both in the COMMITTEE and in THIS COURT; for though I might be miftaken in that opinion (having no pretenfions to infallibility), yet having that opinion, and having, as it was my B 2

duty,

ready" to come at the WARNING OF "THE MAYOR AND THE SHERIFFS, "to give good and wife Counsel, and to "ride and go with them upon all occacafions, when need shall be, to main tain the STATE of the City."

The laft branch of the fentence plainly refers to the proceffions upon folemn days, when the STATE of the City, that is, the Lord Mayor, the Aldermen, the City Ocers, and the Companies, are called out.

The Oath of the RECORDER is of a much older date than the prefent eftablithment of the Common Council. The Common Council was, I believe, eftablifhed fome hundred years before they began to prefent Addreffes: their Addrefles were, ORIGINALLY, fent by Deputations, or Committees, when, I prefume, the Recorder was DESIRED, not COMMANDED, to give his affittance, as it is the practice at this day with regard to all other Committees.

I have no idea that there is any authority any where to exact the attendance of any Officer or Member of the Court upon voluntary PilgrimagestoSt. James's, when the intereft of the BODY CORPO RATE is not immediately and directly concerned.

But fuppofe the attendance upon the Common Council to be within the Oath, what lort of caluiftry muft that be, which extends the obligation of the Oath (an obligation to give good and wife Counsel, and to ride and go when need fhall be to maintain the STATE of the City) to a cafe, in which the GOOD and WISE COUNSEL which I have given was not to ride and go? That there was NEED that it would not maintain the STATE of the City, but DIEGRACE it.

NO

But further: When I was of opinion that fuch RIDING AND GOING was not only unadvised, but UNLAWFUL and CRIMINAL, is the Oath to be extended to fuch a cafe? Is it not one of the firft principles of ETHICKS, that an OATH cannot impole an obligation to do an unlawful Act?

- Suppole the Court were gravely to refolve to present their next Remontrance AT THE HEAD of the six REGIMENTS: after I had humbly advifed you not to RIDE AND GO upon that bulinefs, would my Oath oblige me to make one of fuch a party, and to co AND BE HANGED with your Lordship -and the rest of the Court?

I am fworn to be faithful to his MAJESTY, and to the CITY OF LONDON,

in the Office of RECORDER: if theft duties fhould clash, the firft is the fuperior, and must be obeyed.

Little as the Oath of Office has to do with the Question now before the Court, I am not forry that I have been reminded of it, even in the invidious way which has been taken to refresh my memory: I hope I shall be the better for it: I hope a more general benefit will arife, and that it will put other Gentlemen upon looking back to THEIR Oaths;——— Oaths of ALLEGIANCE, Oaths or OFFICE!Aldermen, SHERIFFS Common Council Men, are all fworn to attend their Duty, as well as the RECORDER.

If a much more trivial Excufe than that which I have urged for my Refufal to attend, ought not to be received,————— what a load of Guilt will be thrown upon the Confcience of almoft every Man who hears me. I have known Aldermen abfent from all Duty for years together :--I have known a Common Council Man not come within thefe Walls, in quiet Times, from one St. Thomas's Day to another. I have known Sheriffs abfent themselves from their Duty, when it was convenient to them to be in the Country.-If I am to be cenfured for a Breach of my Oath, I hope I may prevail that HE who is INNOCENT may caft the first Stone.

I fhall trouble your Lordship and the Court with very little more,——I repeat that I am truly concerned, that a Cafe fhould have arifen in which it became my Duty to refufe to concur officially with the Court of Common Council: I wish to co operate cordially with you in all your Meafures: For feven Years and a half I have given you Proof of this Difpofition; after which it ought not to be lightly fulpected.-But I cannot fubmit to act against my Judgment and Confcience: I have no Conception, that you have a Right to exa& fo levere a fervice from YOUR RECORDER: If you have, all I can fay further, is, that you never fhall exact it from me: I will be the Servant of the City, but I will be the Slave of no Man, nor of any Set of Men; I came into this Office an independent Man, and fo I will leave it. I fhould be glad to be upon good Terms with the COURT of COMMON COUNCIL: but I will never purchase their Favour upon Conditions which, upon Reflection, I fhould be afhamed

of.

ACCOUNT

(WITH A VIEW.

ONDONDERRY is one of the

LONDON, DER Built, and monofthe

titully fituated of any town in Ireland, and, excepting Cork, as conveniently as any for commerce. It is feated on a gentle eminence, of an oval form, and almost a peninsula at the bottom, and in a narrow part of Lough or Lake Foyle, which furrounds, for a quarter of a mile broad, two thirds or more of the eminence, and might easily be brought en tirely round the city. Through this Lough it communicates with the fea on the very North of Ireland.

The city of Derry is far from being what fome have called it, a place or even a city of modern erection, fince it has been a Bishop's See near fix hundred years. It was in the laft long rebellion against Queen Elizabeth, that the Lord Deputy Mountjoy faw the importance of making fettlements and garrisons on the fide of Lough Foyle, which was often, though without fuccefs, attempted, till it was at length effected by Sir Henry Dockra, at the very beginning of the feventeenth century, who built a fort at Culmore, and put an English garrifon into Derry. Upon the Earls of Tyronne and Tyrconnel breaking out into rebellion, and retiring into Spain, fome of their accomplices furprised Derry, A. D. 1606, of which Sir George Powlet was Governor, murdered him with all the garrifon, and committed many other cruel and deteftable actions. Upon the fuppreffing of this infurrection, upwards of half a million of acres, plantation meature, in fix contiguous counties, were forfeited to the Crown; and feveral projects were formed to enable King James the First to fettle them. Amongst others, near two hundred and ten thousand acres were granted to the city of London, and the great companies, in confequence of an agreement figned with the Crown, January 28, 1609, by which they undertook to plant there lands, and to build and fortify Colerain and Derry. Thefe pre. parations fo alarmed the Irish, that, to keep them in awe, and to put Ulfter immediately into a fafe condition, the hereditary order of Knighthood, called BARONETS, was devited, who purchased their refpective patents by the payment of a large fum, to fupport troops, and to defray other expences incident to the

See Frontispiece.)

civilizing this part of Ireland. Hence thefe knights bear in their coats of arms," either in a canton or in an efcutcheon, the armorial enfign of the province of ULSTER, viz, argent, a hand finifter, coupied at the wrist, extended in pale gules.

The grant of this tract of country to the citizens of London, was quickly attended with fome difputes, on pretence that they had not fulfilled their agreement; but thefe being pacified, and the place found exceedingly commodious in point of fituation, being a peninfula, having a river or lake rather on three fides, and the fourth easily fortified, they began to build and ftrengthen it with much dili gence; and a new charter being fent over to the Corporation, and a gilt fword to the Mayor, in 1615, this city affumed the naine of LONDONDERRY. Dr. John Tanner was then Bishop, and the first buried in the new Cathedral. In fucceeding times, as the value of their grant more clearly appeared, new complaints were railed against the Managers for the city of London, and the Companies, which produced feveral royal commiffions of inquiry in it and the fucceeding reign, particularly one to Sir Thomas Philips, whofe report thereon is extant, (See Harris's Hibernica). At length, on a fuit commenced in the Star Chamber, judgment was given, in 1636, against the Londoners, and their eftates thereupon fequestered. In 1637, Sir Thomas Fotherlay and Sir Ralph Whitfield were impowered by the Crown to let leases of thefe lands. In 1640, the Parliament by their refolutions declared all thefe proceedings illegal, null and void. The City, however, did not recover poffeffion till 1655, and held it, as all property was then held, in a very precarious manner, But foon after the Restoration 1662, his Majefty King Charles the Second granted a new charter, under which this noble colony quickly began to raise its head again, and has ever fince moft profperoutly proceeded.

This fmall city is neat and beautiful, built for the most part of free stone, with a large church, fpacious market place, and a beautiful tone quay, to which come up veffels of confiderable burthen. It is famous for having refifted the collected ftrength of the Irish in

the

the year 1649, when the whole kingdom was in their hands, this city and Dublin only excepted, and both befieged; as well as for the noble defence it made at the Revolution, for one hundred and five days, under the feveret famine, against a numerous army. It is in all respects wonderfully well feated in regard to the adjacent counties, for com. manding an inland trade, which has increafed amazingly fince the establishment throughout the County, now one of the most flourishing and populous in Ireland, of the Linen Manufactory. It

alfo enjoys a most advantageous fishery, and stands exceedingly well for carrying on a very extenfive foreign commerce with New England and the northern provinces of America, and, when it receives the advantages to be derived from an Union with Great Britain, will become wealthy, civilized, and happy, under the protection of a firm and benevolent Government, capable of assisting the wants and directing the industry and refources of the Country into their destined channels.

N the first place, no Room can difpute with Gar pls for healthfulness: here the air is clearer and fresher, more fubject to winds, and of courfe lefs liable to any offenfive vapours than below. As Health is the best friend to Study, let all hard Students hither afcend: here, free from noise and hurry, they may enjoy their fouls, either making their court to the Mules, who love that their Admirers fhould approach them alone and in filence; or peruling the labours of the Learned, to which thought and retirement are absolutely neceflary. When men began to grow numerous in cities, when trade thereby increafed and noife of course, wife men always chofe to get out of the way into Garrets. There have the greateft Authors lived, there refigned their breath. There lived the ingenious Galileo, when he firit tried his philofophical Glafles. By being in Garrets much converfant, Boyle and Newton happily formed and fuccessfully perfected the modern Philofophy. There, and there only, could they use their Telescopes to advantage.

The World can never make a sufficient acknowledgment to Garrets, for the many valuable Historians they have produced. Such was the inftructing Robinson Crufoe, equally esteemed for his truth and morals. Such were the learned Authors of Tom Thumb, of Thomas Hickathrift, of Jack the Giant-killer, &c. There dwelt the famous Politicians, infallible Projectors, and fagacious Underftrappers of the State. Naturally do men look up thither to find the Authors of thofe vaftly

witty pieces, fome of which daily, fome weekly anule and divert the Curious and

the Idle: and indeed where else should they look for them but in Garrets? which are the livelieft emblems of Parnassus, being high and difficult of accefs, and abounding with learned men. For fince that comical devil, Fortune, refolved to make all Poets and Wits poor; to their great happiness they have been banished by the confent of all men into Garrets; for there they pay the leaft rent, and there they are delivered from their mortal enemy, the Dun, whofe afpect, threatening justice, there they cease to fear,

The Roman Satyrift tells us, that Garrets were in great repute among his countrymen all the time of the Commonwealth. But when pride and luxury and the contempt of the Gods came in with the Emperors, then the Grandees left their Garrets, and let them out to the poor people; intimating hereby to us, that it was natural for them to leave their Garrets, when they became proud, luxurious, and irreligious.

As to our Society, I believe it is owing to our good affection to Garrets, that fo many of us have fhone in the world, fome in the learned, fome in the religious. Without a man raifes his body above his fellow-creatures, it feldom happens that he can raife his mind. Lofty Garrets give us fublime thoughts; for this reafon the Grubean Sages have exalted their Society in point of fame above all Societies, which will endure while we have the wif dom to live in Garrets, which will be as long as we are a Society.

THE

I must have ACCUSED YOU; and that, without a neceffary call, like the present, I wished not to do. It was of importance that you should have been right, both for the HONOUR OF THE CITY, which, as I have already observed, was committed, and for the Success of the Caufe in which you were engaged, which, in my opinion, has fuffered exceedingly from the late violent measures.

When the People set themselves to oppofe IRREGULARITIES in Government, they ought to be ftrictly, REGULAR THEMSELVES; otherwise they strengthen the hands of those whom they wish to oppofe, and fix upon themselves the grievances which they wish to remove. You think differently upon this fubject, but I believe I am right. Every moderate man, who wishes to preferve fome Government among us, rather than throw every thing into confufion, has felt and acknowledged the neceffity of detaching himself from a party who are capable of proceeding to fuch extremities.

The Policy of your Conduct, however, was not my concern: I was concerned for the HONOUR OF THE CITY OF LONDON, and of THIS COURT, which appeared to me to be precipitated, by the intemperate Zeal of its Leaders, into very rash and reprehenfible measures.

I wish I could now (after having had time to think upon this fubject) fee reafon to fay that my Opinion was ill-found. ed: I would moft cheerfully acknowledge it; I should rejoice in the opportunity it afforded me of vindicating the Honour of this Court-but upon the fulleft confideration of the matter, and judging of it by thofe Rules of Law, which (from the Year 1696 down to the introduction of the modern Theory of Libels within thefe laft twenty years) have eftablished the measure of Obedience, Respect, and Re. verence due to Government, and more especially to the PERSON OF THE KING, as the FIRST MAGISTRATE, I remain of opinion, that your ADDRESS, PETITION, and REMONSTRANCE, in the manner in which it was penned, was libellous, unconstitutional, and criminal.

It has been fuggefted, and I have no doubt but that, after I am in obedience. to the Wishes of the honourable Alder. men withdrawn, it will be again imputed to me, that this Opinion of mine is political; that I have indirect views in maintaining it; and, in the part which I found myself obliged to take upon it. While I was fpeaking the word CHANCELLOR reached my ear. I will take this opportunity to explain myself upon that head. Were I difpofed to facrifice my Opinions to views of Ambition or Inte reft, I have lived long enough in the world to know the nearest way to Honours and Preferment :-I would take the high-road of Oppofition;-I would have been one of the most active Men at the LONDON TAVERN; I would have bought Freeholds, to entitle me to SIGN PETITIONS; and, to crown all, I would PAY NO LAND-TAX: then, I have no doubt, I might have worn fome of thofe Honours which other Gentlemen are graced with. But I am not disposed to make fuch a facrifice-I have been many years in this Office, and a very laborious one I have found it. Hitherto there are no appearances of any undue influence upon my mind: I am content to remain a private man: all I defire is to have LIBERTY to retain my OPINIONS, and not to be FORCED to THINK with the Court of Common Council, upon great and effential POINTS OF LAW and the CONSTITUTION.

To fhew that it was my DUTY to have attended your Addrefs, the Oath, which was administered to me when I entered upon my Office, has been read; though it fhould now fail of that end, it has, however, already anfwered the purpofe intended to be effected, by an uncandid circulation of it two months after the tranfaction, at the eve of a recefs, when nothing could be done upon it for fix weeks or two months to come, during all which time the curious world were to bufy themselves with conjectures touching the nature of the PERJURY, which the RECORDER had been guilty of.

According to the Oath, I am to be.

3

ready