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ON Tuesday, March 25, was perform ed at Covent-garden theatre, a new play, written by Mr. Bowden, called FONTAINVILLE FOREST, the characters of which were thus reprefented:

Marquis of Montault, Mr. Farren; La Motte, Mr. Pope; Lewis, Mr. Midd'eton; Peter, Mr. Hull-Hortenfia, Mifs Morris; Adeline, Mrs. Pope.

The piece commences with the entrance of Hoitenfia, the wife of La Motte, into a part of the Abbey of Fontainville, in which they have taken fhelter from the perfecutors, who drove them from Paris. Soon after La Motte enters with Adeline, whom he had been compelled to receive, during an evening walk, from fome perfons, who chofe this mode rather than murder, of removing her from their prefence. The marquis of Montault, the owner of the Abbey, is afterward driven by a tempeft to feek felter in it; and, finding there La Motte, by whom he had been robbed but a few hours before, is about to deliver him to his fervants, when the latter intreats a private interview, and, in this, confents to deliver Adeline to the marquis, who had become enamoured of her. The refiftance of Adeline obliges the marquis of Montault to purfue her by an honourable fuit; but in the interval, fhe learns from a manufcript, that her father, the brother and the ancestor of the prefent marquis, has been murdered by his order in an apartment of the Abbey. The marquis alio, foon after, difcovers her to be his niece, and, forgetting of courfe his former paffion, is folicitous only for her murder, which La Motte promifes to perpetrate, but avoids, by removing her from the Abbey. Adeline, however, is intercepted and brought back to the Abbey, where the marquis is exulting over her and La Motte, jutt as Lewis returns from Paris with a decree for appre➜ hending the murderer of the late marquis. Montault thus accufed, and having before him both the manufcript lamentations of his brother, and the accomplice who was ordered to deftroy his niece, ftabs himself, and dies, after a confeffion, that his eftates belong to Adeline, who concludes the piece, by giving her hand to Lewis.

On Friday, April 11, was performed at the fine theatre, a new Operatical Farce, called NETLEY ABBEY, the characters of which were thus reprefented:

Oakland, Mr. Munden; captain Oak

land. Mr. Incledon; MScrape, Mr.

Johnstone; Gunnel, Mr. Fawcett; Jef fery, Mr. Blanchard; Sterling, Mr. Powell; Rapine, Mr. Cubitt; Charles, Mr. Clermont.-Elien Woodbine, Mrs. Mountain; Lucy Oakland, Mifs Hopkins; Catherine, Mrs. Martyr.

Ellen Woodbine, the heroine of the piece, and her widowed mother, appear to have been difpoffeffed of their eftate, by the fraudulent conduct of Rapine, their fteward. The family manfion having been destroyed by fire, and feveral writings of value fuppofed to have perished in the conflagations, Rapine releafes himself from all the obligations to which he was liable by thofe writings, and becomes the oppreffor of the family he formerly ferved. Ellen Woodbine, in this reverfe of fortune, reforts to Oakland, father of captain Oakland, an officer in the navy, and acquaints him that the captain had honoured her with his addreffes, and as, from her lofs of property, the might not be confidered to approveable a match for his son, begs his interpofition to terminate the courtship. This Oakland endeavours to effect, but is foiled in his attempt by his daughter Lucy; and M'Scrape, an Irish fidler, who, befides, follows the occupation of Village Barber, affifts in the plan.

Captain Oakland, thus aßifted, prevails on Ellen to give him an interview, near the ruins of Netley Abbey, to which place fhe is conducted by Catherine, the waiting maid of mifs Lucy Oakland, who affumes on the occafion a jacket and trow fers. Here they are furprised by old Oakland: but his anger does not long continue; as the brother of Catherine, who is juit returned from a cruize, relates that he had fome time before been in a skiff, which was caft away under the cliffs of the Ille of Wight, and that his two fhipmates, seeing certain death at hand, confeffed they had been the plunderers of Mrs. Woodbine's dwelling; and that, although the mansion was deftroyed by fire, to prevent fufpicion of the robbery, the pro perty till remained concealed in the recelles of Netley Abbey. In confequence of this difcovery, the writings of value and other property are recovered. Mifs Ellen being rettored to her fortune, no longer feels a fcruple to admit the addreffes of captain Oakland; and the confent of his father in confequence is readily granted.

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On Thursday, May 8, was performed at Drury-lane theatre, a new comedy called The JEW.- This comedy is reported to come from the pen of Mr. Cumberland. To conquer the illiberal prejudices of mankind, and level the repulfive and uncharitable diftinctions of fet and of country, have been objects which he has nobly aimed at, and in which we have pleasure in admitting he has not been without fucceis. Of this amiable nature is his motive in making a Jew the hero of a modern comedy. This is a character which has always been drawn in one harsh and difcordant colouring upon the Englifh ftage: it was referved for the mild and matterly pencil of Mr. Cumberland to give him thofe fine tints of nature which clothe him in the dignity of a man. The characters were thus reprefented:

Sheba, (the Jew) Mr. Bannister, jun. Sir Stephen Bertram, Mr. Aickin; Frederick Bertram, Mr. Paliner; Mr. Ratcliff, Mr. Wroughton; Jabel, (Servant to the Jew) Mr. Suett.- Mrs. Ratcliff, Mrs. Hopkins; Eliza Ratcliff, Mifs Farien; Dorcas, Mifs Tidfwell.

Sheba, the Jew, has the character of being an ufurer and a mifer, while in fact his heart is feelingly alive to every noble ebullition of philanthropy. He is ever feeking occafions of performing charitable actions by tealth. He is the broker of fir Stephen, a rich merchant, who wishes to marry his only fon to a lady with a fortune of 10,000l. Mr. Ratcliff is the heir of an ancient family, whofe father was a merchant in Spain; but, reduced in circumftances, and having a mother and filter to provide for, he is obliged to engage himself as fir Stephen's clerk. Frederick and he become warm friends; and the former, admitted on terms of famifianity into his family, becomes enamoured of Eliza, who privately marries him. Frederick applies to the Jew for money, upon any toms, to relieve the diftreis of Mrs. Ratcliff and her family. Sheba not only lends him money in the moft liberal manne, but, understanding that his father had turned him out of his houfe on account of his marrying a beggar, generously refolves to make up Eliza's fortune to the fum which fir Stephen expected with his fon's wife. This is made known to the old gentleman by Sheba hinfelf, in the most natural and interesting manner. Sir Stephen goes to the lodgings of his fon, whom he finds abfent, in confequence of à quarrel with Mr. Ratcliff, whofe pride was injured at his clandeftine marriage with his fiter. Frederick and Ratcliff

fight at a tavern, whither they are followed by the benevolent Jew, who has intimation of their mifunderstanding, and Ratcliff is wounded in the hand. While fir Stephen and Mrs. Bertram are expreffing their apprehenfions, in confequence of a letter written by Frederick to his father, upon the fuppofition of a fatal iffue to his quarrel, they enter; and after mutual explanations and congratulations, Sheba is brought in, who difcovers in Mrs. Ratcliff the widow of the man who had once faved him from the inquisition, as Ratcliff had recently done, from the brutality of a London mob. The piece ends happily with the reconciliation of ali parties, and the determination of the Jew to leave Ratcliff his heir.

The above, which is but a very ruds outline of the fabie, can convey no idea of the merit and beauties of a drama in which human nature is reprefented in the moit amiable colours, and in which the molt forcible appeals are momentarily made to the heart. Tears are involuntarily forced in many places, by the finest touches of philanthropy; while the mind is very artfully relieved by occafional fcenes of humour from the character of Jabel.

On Monday, May 19, a piece of three acts, intitled, The SIEGE of MEAUX, was performed at Covent-garden theatre, for the first time. It is the production of Mr. Pye, the poet-laureat, and is drawn from a period in the hiftory of France, when an anarchy partially prevailed in that country little fhort of that which at prefent defolates it univerfally. This furnifhes an opportunity for introducing the interference of England, to the honour of the Bifh character. The play was received with applause, well acted, and given out for future reprefentation.

The prologue was spoken by Mr. Middleton, and the epilogue by Mrs. Pope.

Ou Wednofday, May 21, a new mufical Drama of two acts, was performed at the fame theatre, called The SPEECHLESS WIFE, faid to be written by a lady, founded on Gray's well-known tale of the Withes; on which an opera, called Belphegor, was founded, and performed at Drury-lane about fourteen years ago.

The three unguarded withes of the woodcutter are nere made for a bowl of punch,' that his talkative wife might be dumb,-and that the might recover her speech.' The business of the piece having no great fhare of intereft, it was not favourably received by the audience.

PRO

PROCEEDINGS of the Fourth SESSION of the Seventeenth Parliament of Great Britain: Continued from Page 305.

ON Friday, March 7, in the house of commons, the order being read for the house going into a committee, on the bill to prevent the fupply of the foreign colonies with flaves by British fubjects, and the queftion being put for the fpeaker's leaving the chair,

Colonel Tarleton oppofed it, ftated his difapprobation of the bill in ftrong terms, and laid he deemed it his duty to take the fenfe of the house on the bill; accordingly divifion took place, and there appeared in favour of the bill being committed, 40; againlt it 28; majority 12.

The house then went into a committee on the bill, lord Moncafter in the chair. The different claufes and provifions of the bill were, in the courfe of a great deal of converfation, agreed to by the committee. The house was then retumed, received the report, and ordered the bill to be re-committed on this day fe'nnight.

On Monday, March 10, Mr. Adam, purfuant to former notice, rofe to bring forward the fubject of the fentences paffed in Scotland on Mr. Muir and Mr. Palmer, who had been convicted in that country, upon a charge of feditious practices. It was certainly right, he faid, that thefe tranfactions should be examined according to the principles of the laws of that country. The object of his prefent motion was to have certain parts of the records of the trials of Mr. Muir and the Rev. Mr. Palmer, (the former of which took place before the justiciary court at Edinburgh, and the later before the circuit court of justiciary at Perth) produced to the houfe. Of both thefe cafes he would propole to have the indictment, the plea, the verdict, and the fentence, laid before the house; and allo one or two matters, which regarded only the cafe of Mr. Muir, as the objection made by him to certain of the jury, the warrant of the commitment of a witness, of the naine of Wiliam Muir, and the fame of another witnefs, John Raffel, and fo the notes, &c. of the court relative to parts of the teftimony adduced, as well by Muir, as by the crown againit him. It was his intention to found on those papers an addrefs to his majetty in favour of the unfortunate perfons in queftion, praying for an extention of the royal prerogative, and representing that the fentence palled on them was not strictly

according to law. The queftion turned on feveral propofitions. Fir, on the legality of the fentence, and the crimes fet forth againft meffrs. Muir and Palmer, which were chiefly, according to the technical language of that part of the kingdom, leading making, or uttering words, and publifhing matter, tending to fow divifions between king and fubject. Secondly, that by the ancient law of Scotland, the penishment of tranfportation could not be inflicted for the above crimes, and that even by the act relating thereto, paffed in 1704, banishment only was the highest punishment which could be awarded. And thirdly, that the accufation, as fet forth in the indictment, could not be legally conftrued into a charge of the above nature.

Refpecting the first and fecond propofitions, he took a minute view of the accufations as fet forth in the indictment. Comparing those with his construction of the refpective provisions of the Scotch laws, and alfo of fuch British laws as related to Scotland, he drew the conclufion of the illegality of the sentence, and was of opinion, that the punishment of transportation was not recognized by, the law of Scotland, as was evidently fhewn by the act of 1704, which he contended fhould be literally conftrued, and which ordained the punishment for leafing making to be fine, imprisonment, and banishment, the difference between which and tranfportation, he fhewed in a ftriking point of view; as the former, he obferved, banished the culprit from his native country only, and left him the rest of the world to range, and the latter confined him to the limits of fome diftant, and not unfrequently barren and comfortless spot for life, for a certain term of years. The provifion of the act of the fixth of his prefent majefty related only to matters of po lice, and did not apply to state offences; and from the very origin of the court of justiciary down to the 31st of August 1793, the punishment of transportation had not been adjudged by it, except for capital crimes.

Refpecting the third propofition, he contended, that were the powers of interpretation fo unlimitedly confined to the judges, or if the arbitrary power of apportioning punishments was given to

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abem, there was an end, in no inconfiderable degree, to the liberty of the fubject in that country, and obferved, that their court was as dangerous as was ever the ftar-chamber in this part of the island. Here Mr. Adam touched upon feveral particulars of the trial, as the refufal to admit Mr. Muir's challenge of certain of the jury-the mode of treating two of his witnefies, Muir and Ruffel, the former, who refused to take the oaths from confcientious motives, and the latter being prevented from appearing on behalf of the prifoner, on account of an alleged incompetency. The conduct of the court, in both these inftances, he cenfured in trong terms, as an arbitrary and ununtifiable extenfion of the power of the judges. On the whole, he was decidedly of opinion, and he hoped the house, when it had impartially confidered the matter, would agree with him in thinking, that there were fufficient grounds for a new trial, paticularly to Mr. Mair; and the cafe was fufficiently strong to justify the interference of the houfe, in inticating the extenfion of the royal prerogative.

In concluding, he expatiated on the feverity of the fentence, and observed, that if even the author of the book, Mr. Paine, which Mr. Muir was principally accused of circulating and cauling to be read, were in the power of the laws of this country, the utmost punishment he would receive would be fine and impiiton ment, and perhaps not even the pillory, But the unhappy gentlemen in quation were doomed for a long period of years to exit in a ditant ifland, the voyage to which was long, irkfeme, and dangerous, the foil feril, and of fuch a catule, that the utmoft exertions of this country can with difficulty fubfit the wretched colony who are doomd to rede there; and, above all this, the cruel refication to those gentlemen, that they are defined to spend the remainder perhaps of their lives in the fociety of a fet of hardened wretches, convifted flors, the delayed outcalls of focity. Wha gearer outrage can be concaved to the feelings of m n of finfe, eduention, principle, and humanity, than fuch a d Thy? Such a firetch of arbitrary power and una coffay cruelty, abfiracted in the Bhpality of the proccdias, was fich as mit alarm every well-wither to the contitution, excite the indignation of evary man of feaing or humanity, and b, e an cul for the intererence of that booie.

Pas then qpoved, & that there be laid be

fore the houfe a copy of the indictment, warrant of committal, plea, &c. verdic and fentence, palied the 31st of Augatt 1793, on Thomas Muir the younger, of Hunterthili, &c.'

Mr. Fox having feconded the motion, the lord advocate rofe, in order to vindicate the part he had taken in these profecutions. In thefe, he faid, he had followed the strict, fair, and only mode that was pointed out by the criminal law of Scotland. He fhould not go upon the character of the judges in the court of jufticiary, further than to fay, they were men who had made the ftudy of the law of their country almoft the only ftudy of their lives, in which they had acquired the highest reputation. But if they were wrong in their decision on this fubie&t, they were without excufe; for it had been argued before them over and over again, and they had perfifted in the opinion which they originally gave. He admitted the juttuefs of the general principles of the learned gentleman whom he was about to antwer, but differed almost totally from him in the application of thofe principles. He must be permitted to fay, that the whole of the fpeech of the learned gentleman was founded on a complete mifre prefentation, mifconception, or ignorance of the law of Scotland, and of the practice of the courts of law there; and he trusted that the houfe would not permit a court of juftice to be attacked in its character and dignity upon flight grounds; and he muit add, that whatever fome perfons might fay about affimilating the laws of Scot. land to the laws of England, he was fure that much mischief had arifen from the ignorance and clamour with which the proceedings of the courts of Scotland had been acculed. Thete practices might, if not properly oppofed, tend to bring the judges, however high their character, and the law of Scotland, however wife and jut, into difcredit with their countrymen; a thing which he trufted that houfe would dicountenance. The learned gentleinan had muunderstood the nature of the law which was applied to the cafe of meters. Muir and Paimer: he had apprehended the law on leafing-making only had been applied to their cafe. That was not fo. Tuey were tried upon a charge diftin& from that, which he would endeavour to explain to the house. From various cir. cumitances it became his duty, for about feventeen months, to look particularly at the law of Scotland, and to look at that put of it which had flept in peace for a

century

century; and until very lately no man I thought it would have been neceffary to call it forth in the manner it had been; nor would it, but for the acts of men who feemed to be endeavouring to see how far they could go with impunity. In this fituation, it became his duty to look into all the old ftatutes upon thefe points, from : the time of Robert III, down to the prefent time, and to infpect every act of parliament in that period that applied to the question to be determined by thefe trials. They went over the whole hiftory of the country, and the act of 1503, was particularly under their confideration. The refult was, that they were decidedly of opinion, that the fact proved against Mr. Muir was not fuch as came under the meaning of leafing-making, but was feparate from that; for leafing-making was that of telling lies of the king, and fo forth; but the offence of this perion was, that of exciting perfons to acts of fedition against the king and the conttitution, and he found he could not indict him for leafing-making. If he had, and he had found that upon that fubject he might, have been liable to transportation, or any feverer penalty than upon the charge of fedition, he wished to know the motive he could have for doing fo; but he should make it clear, that on a conviction of the charge of leafing-making, he would have been liable to have the punishment of transportation inflicted on him, as well as in that of which he was convicted.

He proceeded to examine the meaning of the word banishment, in the definition of which he differed from Mr. Adam. He did not think that it meant the flighter part of fending away from one place, and to the exclufion of another, which was called the severe part, but that of fending to a certain other place. He defined banishment by the law of Scotland to mean, that of fending to any part the court fhall think fit, and that transportation was only the means of carrying banishment into effect. This doctrine he maintained to be fupported in the preamble of the act of parliament of 1503, fo much relied on by the learned gentleman. He maintained alfo that this principle was recognized by the different acts of 1600, 1604, 1661, and all the acts from that period down to the act of 1670, under the authority of which feveral perfons had been fentenced to be tranfported to the Welt Indies and other parts beyond the feas for leafing making. He drew a conclufion from thefe premifes, that the judges who pre

fided at thefe trials could not have acted otherwise than they did, and could noɛ have inflicted on thofe defendants flighter punishments, and answer to their country for the duty they owed to it, to their King, and to God. This was the cafe on trials for leafing-making in inftances too numerous to mention in the courfe of this debate. He could cite above fifty of them, fome of a very old date indeed; for he believed' that above two centuries ago, when Shetland and the Orknies belonged to the crown of Denmark, perfons were tranfported from Scotland thither, being at that time the only places to which tranfports from Scotland could be fent. Indeed, by the regular practice of the courts of law of Scotland, thefe points were arbitrary, and in the difcretion of the judges; and by arbitrary power, by the law of Scotland was meant, a power to inflict what punishment the judges fhould in their difcretion think proper, fhort of death. Among many cafes he alluded to, he mentioned one as very striking. It was the cafe of David Bailey, which was tried on the 24th of February 1704. This man was accused of leafingmaking, of faying that the dukes of Hamilton and Queensberry had fupported the pretender. He was convicted of this charge-What was the fentence pronounced upon him? They declared him to be infamous; they banished him forth of Scotland for ever; ordered that he be tranfported to the West Indies, to be im prifoned till he was tranfported, and to be fet upon the pillory at eleven o'clock in the forenoon on fuch a day as the court fhould appoint. He wished to know whe◄ ther any cafe could be stronger than this, or how it could be explained away; for this was only eight months after the act of 1703, on which so much stress had been laid, and justly laid, for that was an important act. This was after the declaration of grievances, and the claim of rights, and the rights of queen Anne. Would the privy-council who pronounced this fentence have dared to pronounce it, and to have banifhed this man for ever at fuch a time, if that had not been a legal act? On inquiry he found thefe pri-ycouncil were the first men at that time in Scotland, five of whom were judges. But this was not all, for he maintained that even the learned character to whom the learned gentleman had alluded, and to whom mankind were fo much indebted (fir George Mackenzie) had defined fedition in his treatife on the laws of Scot

land,

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