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accused of being concerned in an unlawful correfpondence, have lately been judged before the parliament. Five of them are banished for five years, five others remanded, and the refe difcharged. Among thofe who were fentenced to be banished was a young lawyer, whofe wife was waiting at a friend's houfe to hear her husband's fate, and finding he did not return, in a fit of defpair fiabbed herself in fuch a manner with a knife, that the died in a few hours after.

Vienna, Jan. 15. We have had to-day, about half an hour after one o'clock in the afternoon, two very fmart fhocks of an earthquake, which were felt in almost every house in Vienna, but without caufing any damage, as we have yet heard. The weather was calm and pleafant; and a gentle thaw, with

fun-fhine.

Paris, Feb. 18. On Sunday, the 30th ult. a great number of perfous wanting to crofs the river Sarte, between the town of Mans and Sable, above fixty crouded into the ferry-boat; foon after the boat put off, and the water running very rapidly, the boat overfet. Some faved themfelves by fwimming, others were taken up by boats which put off to their affiftance, but forty-five perithed, among whom were feveral women with child.

18th.
The report was made to
his Majefty of the prifoners
under fentence of death in New-
gate, viz. John Ofborne, alias Hob-
fon, for burglarioufly breaking open
the dwelling-houfe of Joshua Pier-
fon, in Nightingale-lane, Eafl-
Smithfield, and ftealing a quantity
of tea in canifters; Thomas Hur-
cam, for ftealing out of the Spa-
fields, at lington, a fheep, the pro-

perty of John Treasure; Peeling Herne, and Jofhua Cofter, for affaulting the Rev. James Trebeck on the highway, and robbing him of a metal watch and fome money; Thomas Cliff, alias Murrell, for a burglary, in the house of Edward Mozine, and flealing a quantity of wearing apparel, feveral shirts, &c. James Banning, for ftealing in the dwelling-houfe of John Bimms, at Hammersmith, nine guineas and fome filver, and a filver watch, the property of William Fofter; Alice Waiker, for feloniously returning from transportation before the expiration of her term; Wm. Frankland, for felonioufly thooting at Thomas Millar, Efq. one of the Juftices of the Peace for the county of Middlelefex, with a pistol loaded with two bullets; Robert Simmonds, and James Bithop, for robbing Ifaac Hartely and John Cole, near the Alms-houfes in the fields between Shoreditch and Hackney; when John Osborne, alias Hobfon, Thomas Cliff, alias Murrell, Robert Simmonds, and James Bishop, were ordered for execution on Wednefday the 2d of March next.

On the 10th inft. in the House of Commons, Sir Edward Aftley prefented a bill to enable Thomas De Grey, Efq. to inclose several common lands and fields in the county of Norfolk. Mr. Sawbridge immediately prefented a petition from William Tooke, Esq. praying that the bill to enable Mr. De Grey, &c. might not pass into an act. The petition was read, setting forth, that Mr. De Grey had not given proper notice to the in habitants that occupied feveral of the lands he intended to inclose, and that the faid inclofures would be highly prejudicial to the peti

tioner,

tioner, and many others. The bill was, however, read a first time, and ordered to be read a fecond time on Tuesday fe'nnight. Thefe petitions, and the hafty manner in which the inclofing bill was read, produced a moft virulent letter against the Speaker, which was next day published in the Public Advertifer.

The Speaker complained to the House of the faid letter, and withed the members who prefented the above petitions would declare what they knew of his conduct in refpect to thofe petitions.

Sir Edward Aftley arofe, and went through the whole of the charges contained in the faid letter, as far as refpected himself, and faid the charges of partiality were falfe.

Mr. Sawbridge faid, that he was applied to, to prefent the petition but a few days ago; that what he had faid concerning it was according to the inftructions he received; but he knew of no partiality on the fide of Sir Fletcher.

The whole Houfe feeming unanimous that the charge was groundlefs, Sir Fletcher arofe, and faid he was thoroughly fatisfied the Houfe though him innocent, and it was the height of his ambition to gain their efteem; that, if he had their good word, he cared not what any faction faid of him.

Mr. Herbert faid, he thought it would be an impeachment of the understanding of that House to fuf-fer fuch a libel to pass with impunity.

This produced a warm debate, and, in the conclufion a motion was made, "That the letter in the Public Advertiser of this date, addreffed to Sir Fletcher Norton, Knt.

1

Speaker of this Houfe, is a falfe, fcandalous, and malicious libel, contrary to all law or justice, and in open violation of the privileges of this Houfe."

The queftion was put, whether the above thould pafs, and was agreed to nem. con.

Mr. Herbert then moved, "That the printer of the Public Advertifer be ordered to attend this Houfe on Monday next." And he was ordered accordingly.

On the 14th the printer of the Public Advertiser attended the Houfe of Commons according to order; when the Public Advertiser of Friday laft being put into his hands, he was afked what reafon he could urge in his vindication for having published the letter addreffed to Sir Fletcher Norton, Kn't. Speaker of the Houfe of Commons.

The printer made anfwer, that "Mr. HORNE gave him that letter; and that he published it in the hurry of bufinefs. He expreffed his hopes that the Houfe would make allowances for the great hurry the nature of his business fubjected him to; and what he had further to plead in his behalf was, that during a courfe of near twenty years he had never fallen under the difpleafure of the House; that he had attended according to their order; and that in his unfortunate fituation he must beg to thròw himfelf on the mercy of the Houfe."

On being asked Mr. Horne's Chriftian name, and where he lived, he faid he believed his Chriftian naine was John, and that the place of his refidence was Brentford; and being queftioned of what profeffion Mr.Horne was, he answered, that he was deemed a clergyman.

The

The printer was then ordered to withdraw from the bar, but not to go away.

The House then went into a debate, in the courfe of which the three following motions were made; the firft for committing the printer into the cuftody of the Serjeant at Arms; the fecond, to Newgate; and the third, to the Gatehouse.

The debate lafted till 8 o'clock, when the amendment relative to the Gatehoufe being withdrawn, the question ftood:

"For commitment to the Serjeant at Arms; or, agreeable to Mr. Fox's amendment," to Newgate."

Upon a divifion, the numbers were as follow:

For Mr. Herbert's motion of

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For Mr. Fox's amendment of "committing to Newgate,"

152

68 The divifion being over, a motion was made, "that Mr. Horne be ordered to attend the House on Wednesday." It paffed unanimoufly in the affirmative, and the Houfe broke up at 9 o'clock. The printer was then taken into the custody of the Serjeant at Arms.

Mr. Horne was ferved with a notice to attend the Houfe of Commons on the 16th; but he eluded it, by pretending that the notice must have been intended for fome other John Horne, as there were many of that name in the city of London. However, he wrote to the clerk who figned the order, that, when he was properly fummoned, he fhould think it his duty to attend.

On the 16th the report being made to the Houfe of Commons

of Mr. Horne's evafion, ordered, that the Rev. John Horne be taken into cuftody of the Serjeant at Arms.

Same day complaint was made to the Houfe, by the Hon. Charles Fox, of another letter in the Public Advertiser and Morning Chronicle, figned a South-Briton, which being read, was voted " a false, fcandalous, and traitorous libel upon the conftitution of this country, and tending to alienate the affections of his majefty's fubjects from his majefty and the royal family;" and it was moved, that directions be given to his majefty's attorneygeneral to profecute the printers.

On the 17th the Serjeant at Arms went to the houfe of Mr. Tooke, in Serjeant's inn, to take Mr. Horne into cuftody, who very readily accompanied him to the House; and, when called to the bar, endeavoured to exculpate himself from holding the Houfe in contempt. Being ordered to withdraw, Mr. Oliver moved that he might be discharged out of cuftody: but that was over-ruled. And being again called to the bar, the minutes of the proceedings of Friday were read to him, and he was asked what he had to fay in his defence. He particularly wanted to know, whether what had been read to him was the charge or the evidence. The Speaker faid, the charge. Mr. Horne then prefumed the Houfe meant that he should put in his plea; and, after a short paufe, he was answered in the affirmative. Then, he said, he should plead, as in other courts, NOT GUILTY. And there being no evidence against him but that of Mr. Woodfall, and Mr. Woodfall's evidence beingjudged incompetent,

because

because in cuftody, Mr. Horne was discharged next day on paying his fees.

A few days ago was determined at Edinburgh, before Lord Auchinleck, a curious caufe relative to the game laws, the final determination of which will be of importance to Scotland. An action of damages was brought by the Marquis of Tweedale, against two gentlemen for breaking through his inclofures at a fox-chace. The hardthip of having inclosures deftroyed, and the detriment it must be to the improvement of the country, was infifted on for the purfuer. The defenders alledged, that as foxes were noxious animals, it was doing fervice to the country to deftroy them, and there was no more harm in breaking through inclofures to do fo, than it would be to use the fame means to catch a thief. Judgment was given for the defenders.

On Thursday, a Grace was propofed, at Cambridge, by Mr. Jebb, for the appointment of a committee, to draw up a plan for the improvement of the academical courfe of that univerfity, which paffed through all the forms without any oppofition.

This day came on in the 22d houfe of lords the final determination on the cause of literary property, which refted principally on thefe three points.

I. Whether the author of a book, or literary compofition, has a common law right to the fole and exclufive publication of fuch book or literary compofition?

II. Whether an action for a vio→ lation of common law right will lie against thofe perfons who publifh the book or literary compofition of an author without his confent?

III. How far the ftatute of the 8th Queen Anne affects the fuppofition of a common law right?

The judges having previously delivered their opinions on thefe points, Lord Cambden rofe and poke very learnedly for near two hours against the literary claimants, and in defence of the ftatute of Queen Anne, which he said took away any right at common law for an author's exclufively multiplying copies, if any fuch right exifted. The Lord Chancellor fpoke for three quarters of an hour to the fame effect. The young Lord Lyttleton next rofe, and made a thort, but florid harangue in favour of literary property. The Bishop of Carlile, and Lord Effingham Howard spoke against it, and the queftion being put by the Lord Chancellor, whether it was their Lordthips pleafure that the decree thould be reverfed, it was agreed without a divifion with cofts.

By the above decifion of the important queftion refpecting copyright in books, near 200,000 1. worth of what was honeftly purchafed at public fale, and which was yesterday thought property, is now reduced to nothing. The bookfellers of London and Weftminster, many of whom fold eftates and houfes to purchase copy-right, are in a manner ruined, and those who after many years industry thought they had acquired a competency to provide for their families, now find themfelves without a thilling to devife to their fucceffors.

The English bookfellers have now no other fecurity in future for any literary purchase they may make, but the ftatute of the 8th of Queen Anne, which fecures to the author's affigns an exclufive pro

perty

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perty for 14 years, to revert again to the author, and vest in him for 14 years more.

23d

This day the feffions at the Old Bailey, which began on the 16th inft. ended. At this feffion twelve prifoners were capitally convicted; 55 received fentence of tranfportation for 7 years; and 3 for fourteen; 5 were branded in the hand; 9 were ordered to be privately whipped; and 3 publickly.

They write from America, that on the 29th of December the Government-house in New-York accidentally took fire, and fo rapid was its progrefs, that, in a few moments after the alarm, a thick cloud of fire and fmoak pervaded the whole building, and in lefs than two hours it was entirely confumed.

The Governor's family (an unhappy maid-servant only excepted) was by the Divine Providence preferved from the flames; his daugter being reduced to the extremity of leaping out of a window in the fecond ftory, and her life faved by falling on a deep fnow.

The flames were fo rapid, that nothing but a small part of the furniture of one room was faved, not even the Governor's commiffion and inftructions; and had it ot been for the fnow lodged in the roof of the house, joined to the effect of the fire-engines, moft of the city of New-York would have probably been deftroyed.

The fire began in the council chamber, but by what means it was kindled remains as yet undiscovered. His excellency's lofs must be very great; for, befides a rich and coftly fet of furniture, he has loft all his public and private papers,

plate, cafh, &c. with a valuable fet of jewels belonging to his lady.

The house of the Hon. George D. Ludlow, Efq. third judge of the fupreme court of the fame province, at Hempstead Plains, took fire a few days before, and was burnt to the ground, with almost every thing therein contained. The lofs Mr. Ludlow fuftains by this accident cannot be less than 3000l.

This day, at five o'clock in the afternoon, her majefty 24th. was taken in labour, and at a quarter past fix was fafely delivered of a prince.

Yefterday a petition was prefented to the houfe of commons, in behalf of the printer of the Public Advertiser, who had been ordered into the cuftody of the Serjeant at Arms, for printing a letter reflecting on the Speaker, praying that he may be difcharged from his confinement; a motion was made that he be brought to the bar of the house, reprimanded, and difcharged, paying his fees. It paffed in the negative.

Yefterday came on in the court of King's Bench, before lord chief juftice Mansfield, the caufe between the parish of St. Andrew, Holborn, and the fociety of Gray's-Inn, about the exemption infifted on by that fociety, from the payment of parith dues; when a verdict was found, after a very fhort hearing, in favour of the fociety.

Sir Edward Aftley made a motion for leave to bring in 25tha bill for making Mr. Grenville's act refpecting controverted elections, perpetual; which was carried 250 to 123, though the minifter oppofed it.

The theriffs of London presented a petition to the houfe of com

mons

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