and his brother were both taken; to which he said, What have they done?' I do not know, faid Evans, there is a man dangeroufly ill on the bridge; whereupon old Mr. Kennedy, with four or five more, went to bail them at the Round-house, but no bail would be taken; and then Evans took the poker of him and carried it home.

Evans, in his defence, faid, that, after leaving Mallard's houfe, the people called after them, Stop thief! and fome being ftopped, and fome let país, and the Kennedy's going the wrong way home, he went to the Globe and left them all. He acknowledged the circumftance of taking the poker from McMahon.

For the Prifoners.

James Juftice Culvertson, a carpenter, depoted, that, on Sunday evening, he was going towards Lambeth, over Weftminfterbridge, about ten o'clock, and heard fome noife on the right-hand as he went over; that he faw a man dressed in dark-coloured clothes ftrike a watchman; which man was large, larger than himself (this evidence was 'bigger than the talleft of the prifoners) and that he had a flouched hat on and flood within a yard and a half of him: That a croud of people and a great noife occafioned him to ftop to look; that he met Patrick Kennedy, who was dreffed in light blue, coming towards thofe that were quarrelling; that upon his oath he was not the perfon who knocked down the watchman; that he had no weapon to ftrike him with; that he was coming from Lambeth fide towards Bridgeftreet, and he faw him coming juft as the man was knocked down and they cried out murder; and that it was not any of the other three that knocked the man down, nor any of their fize, he being taller and more corpulent than any man at the bar.

Mr. St. John depofed as follows: I had a tranfaction, faid he, last night, with fome people, which I think very material with regard to Bracegirdle. I had reafon to think there was an attempt to prevent justice, I had frequently heard there had been offers made by him, that, if they would give him a certain fum of money which he had fpecified, he would not give evidence. Hearing this, I defired the relation of thefe Kennedy's would fend Bracegirdle to me, that I might have fome converfation with him. Last night there was a fingle knock at my

door; no fervant being at home, I opened the door myself; there I faw three very illlooking people. I was afraid to trust my felt in their hands. I went out of the house with them, and called at Mr. Murphy's chambers, who was not at home. Refolving not to trust myself with them, they having. a very fufpicious appearance, I took the refolution of going with thefe three people to another Gentleman's chambers, in order that he might be witness of what paffed between us; that they might fee I had done nothing that fhould impeach my conduct. When we came into the room, I did not fay a fingle word that should be conftrued as a propofal from me. I faid, Gentlemen, have you fome propofal to make to me? If you have, let me hear, then I thall know how to act. There was Bracegirdle and two others. One of thefe people faid, You know on the account of Mr. Kennedy. I faid, "Who are you?' He faid, I am a friend of the witness's. I then faid, ' If you are only a friend of the witnefs's, I had rather hear from the witness himself than you.' I could get nothing from the witnefs himself for Tome time; it is evident he had fome inten tion of making feme propofal. I could not get from him his business for fome time, til at laft the other man interfered and faid, Sir, it is about the Kennedy's that are in prifon, and you know fome fatisfaction

-I faid, I did not know what that meant: What is your propofal, and what do you mean? He after fome time faid, He had for a long time loft his labour, not being able to apply to his business, and he thought it was very hard-and at laft it came out 101. Upon which I faid to Bracegirdle,

Do you mean then from what I have heard from this man and yourself to make a propofal to me? Will you refrain from giving evidence if I will give you 101.?' He faid, Yes, I do, that is the propofal. Upon which I faid, You have made application to me of a nature extremely criminal, with intent to obstruct juftice; upon which I declined all conference, and departed.

Several perfons appeared to the prifoners characters and gave them a very good one. Mathew and Patrick Kennedy were found Guilty, DEATH: M Mahon and Evans were acquitted. The two Kennedy's received fentence, it being Friday, to be executed on the Monday following, and their bodies to be diffected and anatomised; but they have been fince refpited.

Α

Ta Court of Common-council, held the ft of March, 1770, at Guildhall, Sir William Stevenfon prefented a rne morial, figned by Meflr's Bull, Lovell, Summers, Bodington, Laurance, and Skey, fetting forth, that they were a Committee appointed by the Livery of London; and that they, the Livery of London, had prefented a petition to his Majefty, fetting forth their grievances; to which they had no answer; and praying the Court to join them in a petition to the Lord-mayor for a Common-hall.

A motion was made, that the faid memoria' be read; which, after much debate, was carried in the affirmative on a divifion, three Aldermen and 109 Commoners against fixteen Aldermen and 6 Commoners; the petitioners were then called in, and their memorial read; which was as follows:

To the Right Hon. the Lord-mayor, Aldermen, and Commons of the City of London, in Common-council affembled:

The Memorial of the Committee of the Livery of London, appointed the 28th of September last, SHEWETH, THAT the Livery of London, in Common-hall affembled, did, on the 24th of June laft, direct a petition to be prefented to his Majefty, praying a redrefs of many enumerated and intolerable grievances. The fubjects of the most defpotic Prince on earth, when they hurably petition their Sovereign on the fcore of grievances, though they cannot promile to themfelves redress, at leaft expect an answer. That the Livery of London know they have a right to both; yet, contrary to ancient ufage, the Livery of his Majesty's loyal City of London, after a delay of eight months, do ftill remain unanfwered and unrelieved.

That the violation of the right of election, by which they are most especially affected, has been, fince that time, avowed and declared legal by the influence of his Majefty's Minifters.

Your Memorialifts, therefore, apply to you, the Common-council of the City of London, that you may join with them in a re queft to the Right Hon. the Lord-mayor, peedily to affemble the Livery of the feveral Companies of this City in a Commen-hall,

that they may have an opportunity to take fuch futher measures therein, for the reeftablishment and fecurity of their ancient rights and franchifes, as the times require.

Having feverally acknowledged the fignature to be theirs, they were then asked where and when they were appointed a Committee of the Livery; but, a debate arifing on the propriety of that queftion, they were ordered to withdraw. A motion being then made, that they be asked the aforesaid question, after much debate, a previous queftion was moved, that the aforefaid queftion be not put; this was also carried on a division by three Aldermen and 96 Commoners, against fixteen Aldermen and 71 Commoners; after much debate the main queftion was put, which was carried by holding up of hands without a divifion, to agree to the prayer of the memorial, and the Lord-mayor acquainted the Court he fhould call a Common-hall on March the 6th."

When the requifition for granting the Common-hall was first made by the Commitee of the Livery, it was fupported by faid every thing that could be well faid on the Lord-mayor and the two Sheriffs; who the reafonableness of fuch an indulgence. Mr. Alderman Turner then got up, and fpoke for above half an hour on its impropriety; he urged, that a remonftrance of this nature was improper (to call it by no harfher name) as well as unneceffary.Improper, as dictating fo arbitrarily on a fubject that had already been canvaffed by both Houses of Parliament; and unneceffary, as it was very improbable, after so minute an investigation, there would be any notice taken of it. On his being asked, Why he carried the petition? he answered, he did it officially; for, as he, from his office, looked upon himself to be at the Head of the Livery, he could not with propriety refufe their request; but, even at that time, it was by no means agreeable to his private feniments, as may be remembered from his altering the words "The Petition of the Lord mayor, Aldermen, Common-council, and the Livery of the City of London," to the words "The Petition of the Livery of the City of London."

Alderman Harley fpoke likewife with great warmth upon the subject, calling fuch a Meeting factious' and licentious;" and said, For his part, as a Member of Par

liament,

liament, he would take the earliest opportunity of bringing all thofe who figned the Remonftrance to the bar of the Houfe, to anfwer for fuch conduct. Upon which Mr. Sheriff Townsend replied,Why then, by God's blefling, you fhall begin with me, as I am determined to be one of the first fubfcribers.'

On the 6th of March, as above-mentioned, a Common-hall was held at Guildhall, to to confider of a Remonstrance to his Majefty on the fubject of the City Petition. About one o'clock the Lord-mayor came upon the Huftings, and opened the bufinefs of their meeting. His Lordship informed the Livery, that he had convened them in confequence of a late refolution of the Court of Lord Mayor, Aidermen, and Commoncouncil, and therefore it must be confidered in every refpect as a legal and conftitutional meeting of the whole City of London. He obferved, that the business of the laft Common-hall was carried on with the utmost order and regularity, and he therefore hoped, and ftrongly recommended to them, to preferve the fame conduct on the prefent occaHon, and convince the world, that the Livery of London were not the fcum of the earth, the dregs of the people,' terms of reproach which had been continually hackneyed forth in all the public papers, by the tools of Power, and to the difgrace of Government; and that for this purpose their own money had been employed to abuse them; that this was a time which called aloud for every fubject to exert himself in the juft defence of his rights and privileges, which could not be done in a more legal manner than by proper Addreffes and Remonftrances to the throne. After this his Lordship again recommended order and firmness in their behaviour.

Mr. Lovel next stood forth, and, addressing himself to the Hall, expatiated on the necellity of a remonftrance: At this time, fays he, when the public money is fo fhamefully fquandered on ufclefs Flacemen and Penfioners, who fwarm about our streets in as great numbers as the locufts and caterpillars did in the kingdom of Egypt.'

When Mr. Lovel had finished his fpeech to the Livery, a motion was made, that the queftion be put, Whether the remonstrance which had been prepared by the Committee fhould be read, and it was carried accordingly. The remonftrance was then read twice by the Town-Clerk; after which the queftion was put, Whether it was the plea fure of the Livery, that the fame fhould be fairly tranfcribed and prefented to his Majefty, which was alfo carried in the affirmative.

It was then refolved that the Lord

Mayor, the four City Reprefentatives, the

Aldermen, Recorder, and Sheriffs, with the Common-council, and City Officers, be défired to carry up the fame; and that the Sheriffs, and the City Remembrancer, wait on his Majesty to know when he would be pleafed to receive them.

The humble ADDRESS, REMONSTRANCE, and PETITION of the Lord Mayor, Aldermen, and Livery of the City of London, in Common-hall aflembled.

To the KING'S Moft Excellent Majesty. May it please your Majesty,

:

WE have already in our petition dutifully reprefented to your Majefty the chief injuries we have fuftained. We are unwilling to believe that your Majefty can flight the defires of your people, or be regardless of their affections and deaf to their complaints yet their complaints remain unanswered; Their injuries are confirmed: And the only Judge whom the Revolution has left removeable, at the pleasure of the Crown, has been difmiffed from his high Office for defending in Parliament the Law and the Constitution. We therefore venture once more to addrefs ourfelves to your Majesty, as to the father of your people, as to him who must be both able and willing to redress our grievances: And we repeat our application with the greater propriety, because we fee the inftruments of our wrongs, who have carried into execution the meatures of which we complain, more particularly diftinguished by your Majesty's royal bounty and favour.

Under the fame fecret malign influence, which, through each fucceffive Adminiftration, has defeated every good, and fuggested every bad intention, the majority of the Houfe of Commons have deprived your people of their dearest rights.

They have done a deed, more ruinous in its confequences than the levying of fhipmoney by Charles the First, or the difpenfing power affumed by James the Second. A deed which muft vitiate all the future proceedings of this Parliament; for the acts of the Legiflature itfelf can no more be valid without a legal Houfe of Commons, than without a legal Prince upon the throne.

The Reprefentatives of the people are effential to the making of laws; and there is a time when it is morally demonftrable that men ceafe to be Reprefentatives. That time is now arrived. The present House of Commons do not reprefent the people. We owe to your Majefty an obedience, under the restrictions of the laws, for the calling and duration of Parliaments: And your Majesty owes to us, that our Reprefentation, freed

from

rom the force of arms or corruption, should be preferved to us in Parliament.

It was for this we fuccefsfully ftruggled under James the Second; for this we feated and have faithfully fupported your Majefty's family on the throne

The people have been invariably uniform in their object; though the different mode of attack has called for a different defence.

Under Jaines the Second they complained, that the fitting of Parliament was interrupted, because it was not corruptly fubfervient to his defigns. We complain now, that the fitting of this Parliament is not interrupted, because it is corruptly fubfervient to the defigns of your Majelty's Minifters. Had the Parliament under James the Second been as fubmiffive to his commands, as the Parliament is at this day to the dictates of a Minifter, instead of clamours for its meeting, the nation would have rung, as now, with outcries for its diffolution. The forms of the Conftitution, like thofe of religion, were not established for the form's fake, but for the fubftance. And we call God and men to witness, that as we do not owe our liberty to thofe nice and fubtle diftinctions, which places and pensions, and lucrative employments have invented: So neither will we be deprived of it by them: But, as it was gained by the ftern virtue of our ancestors, by the virtue of their defcendants it shall be preferved.

Since, therefore, the mifdeeds of your Majefty's Minifters, in violating the freedom of election, and depraving the noble Conftitution of Parliament are notorious, as well as fubverfive of the fundamental laws and liberties of this realm; and fince your Majefty, both in honour and juftice, is obliged invio Jably to preferve them, according to the oath made to God and your subjects at your coronation ; we, your remonftrants, affure ourfelves that your Majefty will reftore the conftitutional government and quiet of your people, by diffolving this Parliament, and removing thofe eyil Minifters for ever from your Councils.'

As foon as the Hall broke up, the Sheriffs went to St. James's, to know his Majesty's pleasure when he would permit the Lordmayor, Aldermen, Recorder, and Commoncouncilmen, to wait on him with the remonfrance; but, his Majefty being at dinner, they could not then receive an answer.

Accordingly they went again the next day at half an hour after 11 to St. James's, to know his Majefty's pleasure when he would be waited on with the City Addrefs, RemonFrance, and Petition; they waited till twen

ty minutes after two, when, the levee being over, they, with the Remembrancer, were admitted into the clofet, when Mr. Sheriff Townfend addressed himself to his Majefty in the following words:

May it please your Majefty,

By order of the Lord-mayor, Aldermen, and Livery of the City of London, in Common-hall affembled, we took the earlieft opportunity, as was our duty, to wait upon your Majefty; and, being prevented by one of your Majefty's Houthold, who informed us that it was your Majesty's pleafure to receive us this day, we wait on your Majefty humbly to know when your Majefty will please to be attended with an humble Addrefs, Remonftrance, and Petition.*

To which his Majesty was pleased to return the following answer:

As the cafe is intirely new, I will take time to confider it, and tranfmit you an anfwer by one of my principal Secretaries of State."

Whilft the Sheriffs were waiting at St. James's, Lord Denbigh came up to the City Remembrancer, and asked him whether the Addrefs, &c. was figned and fealed, or how it was authenticated? The Remembrancer faid he was a City Officer, and that it was no part of his Office to give Lord Denbigh an answer to his question. Lord Denbigh then went to Mr. Sheriff Townsend, and asked him whether the business which brought him there was not new and fingular; and whether the City had ever prefented a Remonftrance to a King before? Mr. Townfend replied with another question; Did ever a King of England before turn a deaf ear to the petitions of 60,000 freeholders, and his back on those who prefented them? Lord Denbigh then asked what made a corporate at? Mr. Townfend, laughing, anfwered, an act of the Corporation to be fure.

On Thursday evening, the 8th of March, the Sheriffs received the following letter from Lord Weymouth :

St. James's, March 8, 1770, • Gentlemen,

The King commands me to inform you, in confequence of the meffage which you brought yesterday to St James's, that he is always ready to receive applications from any of his fubjects; but, as the prefent cafe of Addrefs, Remonftrance and Petition, feems intirely new, I am commanded to ipquire of you in what manner it is authenticated, and what the nature of the Assembly

was,

was, in which this meafure was adopted?When you furnish me with anfwers to thefe questions, I fhall fignify to you his Majefty's further pleasure. I am, Gentlemen,

Your most obedient Sheriffs of London. Humble Servant, WEYMOUTH.'

On Friday noon, the 9th of March, at twenty minutes after twelve, the Sheriffs went to St. James's. About one, Lord Bolingbroke, the Lord in waiting, came: The Remembrancer told him that the Sheriffs of London were attending his Majesty's pleafure, and that they required an audience. Some time after Lord Bolingbroke came and inquired of the Sheriffs whether he was to tell his Majesty that they came with a fresh meffage, or with a meflage? The Sheriffs answered, With a meffage. Soon after the two Secretaries of State, Lord Rochford and Lord Weymouth, came to the Sheriffs. Lord Weymouth asked them whether they had received his letter, which was written by his Majefly's order?*

Sheriffs. We have.'

Lord Weymouth. His Majefty defires to know whether you come in confequence of that letter, or whether you come on any fresh business ?' Sheriffs. that letter.'

We come in confequence of

Lord Weymouth. Would it not be more proper to fend an answer in writing thro' me?

Sheriffs. We act minifterially. As Sheriffs of London, we have a right to an audience, and cannot communicate, to any other perfon than the King, the fubject of our meffage.'

› Lord Weymouth. I do not difpute your right to an audience; but would it not be better and more accurate to give your meffage to me in writing?"

Sheriffs. We know the value and confequence of the citizens right to apply immediately to the King, and not to a third perfon; and we do not mean that any of their rights and privileges fhall be betrayed by our means.'

His Majesty's levee began at a quarter part two, at which time the two Secretaries same again to the Sheriffs, and L. Weymouth faid, His Majefty, understanding that you come minifterially, authorised with a meflage from the City of London, will fee you as foon as the levee is over.'

As foon as the levee was over, the Sheriffs were introduced into the King's closet. The King did not as ufual receive them alone, but Lord Gower, Lord Rochford, and Lord Weymouth were prefent. Mr. Sheriff Townsend addressed his Majesty in these words:

May it pleafe your Majefty,

When we had laft the honour to appear before your Majefty, your Majefty was graciously pleafed to promife an anfwer by one of your Majefty's Principal Secretaries of State; but we had queftions propofed to us by Lord Weymouth. In anfwer to which we beg leave humbly to inform your Majefty, that the application which we make to your Majefty we make as Sheriffs of the City of London, by the direction of the Livery in Common-hall legally affembled. The Addrefs, Remonftrance, and Petition, to be prefented to your Majefty by their Chief Magiftrate, is the act of the citizens of London in their greatest Court; and is ordered by them to be properly authenticated as their act.'

To which his Majefty was moft graciously pleased to reply,

I will confider of the answer you havẹ given me.'

Whereupon the Sheriffs withdrew.

When the Sheriffs went into the clofet, the City Remembrancer, according to his office and duty, would have attended them ; but Lord Bolingbroke shoved him back; infifting upon it, that he had not a right to go in, and fhould not enter there. When the Sheriffs' audience was ended, the Remembrancer, like a man, an Englishman, and a worthy Officer of a great and powerful City, very fpiritedly and properly told Lord Bo lingbroke, that his Lordship had done wrong; for that, as Remembrancer, attending the Sheriffs, he had a right to enter the clofet with the Sheriffs. Lord Bolingbroke faid,

It might perhaps be fo; but that he had never been in waiting on fuch an occafion be fore, and hoped he never fhould again."

In confequence of the Sheriffs having an audience from his Majefty on the 9th of March, they received the following letter, dated

St. James's, March 12, 1770. • Gentlemen,

The King has commanded me to fignify to you his Majefty's pleafure, that he will receive, on Wednesday next, at two o' clock in the afternoon, the Addrefs, Remonftrance, and Petition, which you have informed his Majefty is to be prefented by the Chief Magiftrate of the City of London. I am, Gentlemen,

Your most obedient Humble Servant, Sheriffs of London. WEYMOUTH.' Notice was accordingly given to the Lord Mayor, the City Reprefentatives in

Par