into the town about 12 o'clock, who were resolved to break through to the hall. The commanding-officer was very patient for a long time, even though one of the pitmen knocked down one of the militia men, who died has centred the representation of the national | should be heard if they would be peaceable, and they dignity was publicly insulted; the fiends of remained pretty orderly till a large body of pitmen came calumny dogged them whithersoever they went; and the country exhibited the afflicting spectacle of the first individual of the kingdom standing as the mark at which all the hirelings of fac-shortly afterwards. But at last the rioters forced the tion was to direct their poisoned shafts. The storm was, however, at this period only gathering; the dispassionate observer beheld the clouds just rising on the horizon, and he trembled for the moment when with its accumulated fury it would burst upon the devoted country. line of the militia, shot ensign Hart, an amiable young man about twenty, dead, and killed two private men. Upon this, the commanding-officer ordered his men to fire over the heads of the rioters; but they, exasperated by the death of one of their officers, and two of their fellow-militia-men, when once they began, were not to be kept within bounds. The shocking spectacle presented itself for nearly ten minutes, of fellow-subjects firing upon one another; and, the still more horrible sight soon after was exhibited, of some carried dead in carts, others wounds, and covered with blood; and the dreadful shrieks of the women, whose husbands or sons were amongst the rioters, were sufficient to melt the most obdurate heart. But it was not only in the metropolis and at the seat of government that the disaffection of the people exhibited itself; amongst the obnoxious measures which had lately been adopt-on horses, and many were led along just dying of their ed by the government, and which the exigency of the times in a degree demanded, was the militia act. In some parts of the country the most violent opposition was shown to its enforcement, and in others, it amounted to a defiance very little short of rebellion. We shall only notice the proceedings of one county, namely Northumberland; and the following description will illustrate the dreadful excess to which the opposition was carried. It is contained in a letter dated Hexham, March 9, 1761: The deputy lieutenants and justices held their meeting here this day about the militia; and, as many of the fellows who lately made a disturbance at Newcastle threatened to be here, four companies of the Yorkshire militia came to town last night to prevent any mischief. This morning thousands came into the town in the most desperate manner. We heard them say as they went by the windows, that they did not regard the militia; they were forty of them to one soldier, and if they dared to fire they would not leave a man of them alive. About ten the gentlemen were conducted by the militia from the Globe to the Moot-hall, and the men were drawn up before the gate, to prevent any of the mob going into the hall. The major told them all their complaints A poor widow with eight children, and pregnant with another, going into the market to look after her son was shot dead, and her son was immediately after shot through the thigh. Another pregnant woman was shot as she was standing at a window. Sixteen were carried dead into the church-yard, and the whole of the killed and wounded amounted to above 100; the former amounted to forty-two. The intelligence of these riots no sooner reached the metropolis, than the militia act became the rallying cry of the disaffected. The king, wherever he presented himself was assailed by the cry of "No Militia." In fact, it appeared to be the whole aim of the people to seize every occasion on which they could express their indignation, and his very amusements were at last selected as the proper opportunities for manifesting their opposition to any of his private or public measures. attachment of his majesty to the theatres was well known, but scarcely did he ever present himself in public, than he was certain to experience the clamours of some party or body of The men, who considered themselves to be injured by him. The following is one proof among the many which could be adduced. On the 7th his majesty attended the representation of Richard III. at Drury-lane, and he was on this occasion received with the most discordant yells, proceeding from a crowd of servants, some in livery, and some out, in which the party-coloured gentlemen were assisted by their fellow female servants, and particu larly by the cooks and scullions, who crowded from the purlieus of Shoreditch and the fashionable squares at the west-end of the town to fill the benches of the gallery and the pit; not by their vociferations to express their loyalty to their king, but to give him, as they termed it, a good basting, for having been the means of abridging them of a great part of their revenue. This impolitic act of the servants arose from the following circumstance:-It was the custom at this period, at all routs and parties, to give vails to servants, and it grew by degrees to such an excess, that visitors considered it at last so serious a tax upon them, that many actually declined the invitations, from the enormous expense to which they were subject in giving vails to a tribe of servants. That eminent character Jonas Hanway wrote a tract expressly on the subject, entitled Eight Letters to the Duke of Newcastle on the custom of Vails-giving in England. Mr. Hanway was instigated to this step by sir Timothy Waldo, who one day dined with the duke of Newcastle, and, on his leaving the house, was contributing to the support and insolence of a train of servants who lined the hall, and at last put a crown into the hand of the cook, who returned it, saying-" Sir, I do not take silver." “Don't you, indeed?" said the worthy baronet, putting his money in his pocket, "then I do not give gold." Mr Hanway was once po 66 litely reproached by a friend in a high station, for not coming oftener to dine with him. "Indeed, my lord," he replied-"I cannot afford it." On another occasion he was paying the servants of a friend, after a dinner to which their master had invited him, one by one as they appeared. " Sir, your great-coat," said one, upon which he paid a shilling. "Your hat," said another-a shilling; "your stick"-a shilling; your umbrella"-a shilling. "Sir, your gloves." Why, friend, you may keep the gloves;" said Mr. Hanway," they are not worth a shilling." These heavy drains upon the finances of Mr. Hanway determined him immediately to write the letters already mentioned; and the duke of Newcastle took the earliest opportunity of submitting them to the perusal of his majesty. He immediately saw the impropriety of the custom, and he ordered the servants of the household to be called before him. His majesty first addressed himself to the head-cook. "You came into my service," said the king, "at a stipulated salary; that salary is regularly paid to you: your services are paid by me, nor will I henceforth be subject to the meanness of having my servants paid by the contribution of others. I will not have a single vail taken in my household, and the first who is guilty of the offence shall that instant receive his dismissal: this order applies to you all; therefore, as far as my example can extend, the practice of vails-giving shall be abolished. The servants left the royal presence not very well satisfied; and this, to them most unpleasant mandate, soon spread through all the fraternity of the servants. The noblemen and gentry followed the example of his majesty, and the servants adopted the plan of expressing their resentment towards the king, for having thus mulct them of a great portion of their perquisites, by going en masse they called, his unroyal interference in their rights. His majesty bore all their taunts and uproar with the greatest composure, nor did he retire from the theatre until the whole of the performance was finished. to the theatre, and openly abusing him for what | certain persons attainted by parliament, are declared void; and by stat. 12 and 13 William III., c. 2. the king's pardon is not pleadable in an impeachment by the commons; neither is it believed, that the king, by his pardon, can release from prison any person confined by either house of parliament for a contempt, for if he could do that at any distance of time after the commitment, he might do it the next moment, and thereby completely annul the constitutional remedy for this species of offence. On the 19th of March his majesty went to the House of Peers, and gave the royal assent to several bills; one of which was for granting to his majesty a certain sum out of the sinking fund, another to render more effectual a previous act for the limitation of the crown, and a third for the relief of insolvent debtors. His majesty having given the royal assent to the several acts, put an end to the session by the following most gracious speech: My lords and gentlemen, I cannot put an end to this session, without declarmg my entire satisfaction in your proceedings during the course of it. The zeal you have shewn for the honour of my crown, as well as for my true interest, and that of your country, which are ever the same, is the clearest demonstration of that duty and affection to my person and government, of which you so unanimously assured me at your first meeting. Nothing could so much add to the pleasure which these considerations afford me, as that I am now able to acquaint you with the great progress made of late by the combined army in Germany, under the command of prince Ferdinand of Brunsin those parts, had kept the campaign there still dewick. I formerly told you, that the nature of the war, pending; and it now appears, to the surprise of my enemies, that the superior ability, and indefatigable activity of my general, and the spirit and ardour of my officers and troops, have greatly profited of this perseverance, notwithstanding all the difficulties arising from The passing of the last act has given rise to the popular notion, that a general pardon regularly issues on the accession of every sovereign to the throne; but a more erroneous one cannot be entertained. There is no act of any sort which necessarily issues for such a purpose on an accession. The act of the first of George III., (stat. 1. c. 17.) namely, the Insolvent Debtors' Act, did not go much further than the law as it now stands. It does not appear that any such act was passed at the accession of George I. or George II., although there was on the accession of queen Anne. Acts of grace were passed in the 7th year of queen Anne, the 3d and 7th of George I., and the 20th of George II., which was the last, none having been passed in the reign of his late majesty. It must also be remembered, that acts of grace are not usually passed at the beginning of a reign; and it lies wholly, within the pleasure of the crown, to make such limitations or exceptions from them as it may, in its wisdom, think fit. It must also be observed, that the king's pardon only applies to offences wholly within the power of his officers to correct and punish, but cannot interfere with the privileges of parliament. Thus, by stat. 2, Richard II., c. 1., pardons to be granted to enemy. the season. By your assistance, I have taken the best care to recruit that army in an effectual manner; and have made such a disposition of my fleet for the next summer, as may most advantageously defend my kingdoms; protect the commerce of my subjects; maintain and ex| tend our possessions and acquisitions; and annoy the As in all my measures I have nothing in view but the security and felicity of my dominions, the support of my allies, and the restoring of the public tranquillity, I trust, in the Divine Providence to give a happy issue to our farther operations. Gentlemen of the House of Commons, I cannot sufficiently thank you for your unanimity and despatch, in providing for the expenses of my civil government, and the honour and dignity of the crown: and I think myself as much obliged to you, for the prudent use, which, in framing that provision, you have made of my consent to leave my own hereditary revenues to such disposition of parliament, as might best conduce to the utility and satisfaction of the public, as for what more immediately concerns myself. In making my acknowledgments for the large and extensive supplies which you have granted me this session, I am at loss whether most to applaud your cheerfulness in giving, or your wisdom in proportioning them to the extraordinary occasions of the public, notwithstanding those uncommon burthens, which I heartily regret. No care shall be wanting on my part, to see them duly applied to the national ends for which you intended them. My lords and gentlemen, The expiration of this parliament now drawing very near, I will forthwith give the necessary orders for calling a new one; but I cannot take my leave of you, without returning my thanks for the many eminent proofs you have given of your fidelity and affection to my family and government, and of your zeal for this happy and excellent constitution. During this parliament, the flame of war was kindled by the injurious encroachments and usurpations of our enemies; and therefore it became just and necessary on our part. In the prosecution of it you have given such support to my royal grandfather and myself, and such assistance to our allies, as have manifested your public spirited concern for the honour of the nation, and the maintenance of its undoubted rights and possessions, and been attended with glorious successes, and great acquisitions, in various parts of the world, particularly the entire reduction of Canada, a conquest of the utmost America, and to the extension of the commerce and navigation of my subjects. May God Almighty grant continuance to these successes! The use which I propose to make of them is, to secure and promote the welfare of my kingdoms, and to carry on the war with vigour, in order to procure to them the blessings of peace, on safe and honourable conditions for me and my allies; to which I have been always ready to hearken. Firm in these resolutions, I do, with entire confidence, rely on the good dispositions of my faithful subjects in the choice of their representatives; and I make no doubt but they will thereby demonstrate the sincerity of those assurances, which have been so cordially and universally given me, in the loyal, affectionate, and unanimous addresses of my people, Then the lord chancellor, by his majesty's command, said, My lords and gentlemen, It is his majesty's royal will and pleasure, that this parliament be prorogued to Tuesday the seventh day of April next, to be then here held; and this parliament is accordingly prorogued to Tuesday the seventh day of April next. Considering the high and deservedly just importance which is attached in this country to all parliamentary proceedings, the following exposition of the law respecting parliaments on the demise of the crown cannot but prove acceptable. By the statute of the 6th of Anne, cap. 7. sec. 4., it is provided that from thenceforth no parliament shall be determined or dissolved by the death or demise of her majesty queen Anne, her heirs or successors, but such parliament shall and is by the said act enacted to continue, and is empowered and required, if sitting at the time of such demise, immediately to proceed to act, notwithstanding such death or demise, for and during the term of six months, unless it shall be sooner prorogued or dissolved; and if such parliament shall be prorogued, that is, by the successor to the crown, it shall be prorogued, and continue for the residue on the 16th. King George II. died upon Satur day the 25th of October 1760, and George III. was proclaimed on Sunday the 26th, upon which day both houses of parliament met, though then separated by prorogation until the 13th of November. The intervals between the demise and the dis solution of the parliament were On the accession of George I. 158 days. George II. 55 The intervals between the demise and the meeting of the new parliament to transact busi On the accession of George I. of the six months, unless sooner prorogued 228 days. 226 George II. The civil list bills were, in all cases, the first legislative acts of the reign, and, in all cases, they were passed before the dissolution of parliament. On the 21st of March, a proclamation was issued for dissolving the parliament, and declaring the calling of another, the writs to bear teste on that day, and to be returnable the 19th of May. Two other proclamations were also issued at the same time, one for the election of the sixteen peers for Scotland on May 5th, and another for continuing all officers not already removed or discharged for the space of four months. His majesty also ordered writs to be issued for the election of the members for the convocation of the clergy. At the close of the session the right honourable Arthur Onslow, who had filled the chair of the house of commons during five successive • The session is never supposed to be at an end until a prorogation; though unless some act be passed, or some judgement given in parliament, it is in truth no session at all. Blackstone, vol. 1. p. 184. At all events, there can be no session begun till opened by a royal declaration of the causes of summons. But the limita tion of temporary acts until six weeks, &c., after the commencement of a session implies, that a session may be commenced and construed to exist although no act should pass. |