For MARCH, 1768. CONTAINING, 112 113 124 ib. than anp Book of the Hind and Price. -His Addrefs to the Livery of London tnfcription on Sir Wm. Draper's Cenotaph -LIST of BOOKS; with REMARKS. 125 Narrative of the Difputes between the Pattentees ib. et feq. of Covent Garden Theatre -Dr. Ferdinando Warner's Acc. of the Gout 131 132 The Battle of the Wigs -Poetical Works of Lady M. W. Montague 133 -ChurchArticles weighed against the Goffel ib. -Siege of the Caftle of Afculapins -Amabelia.-No Rape, &c. &c. ib. ib. 134 il. More in Cuantity and greater Bariery POETRY.-The Hounds in Couples ib. 117 J21 ib. 136 ib. ib. The author's defence of his journey intoWales 137 By SYLVANUS Lifts of Births, Deaths, Promotions, Prices of Printed at St. John's Gate, for David Henry; and fold by Francis Newbery, the Corner of St. Paul's Church-yard. HOME March PRICES of CORN throughout ENGLAND, Reduced to the STANDARD of the CORN EXCHANGE in LONDON, with a View to the Foundation of a BILL for fixing the BOUNTY on CORN for future EXPORTATION, on unexceptionable Principles. N. B. As the Law now ftands, when Malt or Barley shall be at 248. or under; Rye a32s. or under; and Wheat at 48 s. or under, in any part of this Kingdom, or in Wales, every merchant fhall receive, for every quarter of Barley or Malt, ground or unground, which he shall fhip out of any fuch port, with intent to carry it beyond the feas, 2s. 6d. for every quarter of Rye, ground or unground, 3s. 6d. and for every quarter of Wheat, ground or unground, 5s. to be paid by the Commiffioners of customs. Corn Exch. | Wheat. | Barley. 744t053 20 to25 14451053 21 to25 DIVISION. 21 43 to 52 20 1024 22 1024 13017 Canterbury 20 45 0049 22 to24 124 to 15 28142 to 51 120 tʊ25 122 1024 12 to17 Newcafle 141 to 50 123 to25 23 1025 16 to 18 ||New 16 to20 Wheat. Barley. Rye. 46 to48 22 1024 24 1027 13:0 17 142 to 46 20 to21 24 1027 13 to 16 This imperfect sketch we request our correfpondents to improve, by fending us from every Corn-Market in England and Wales, the exact prices of Wheat, Barley, Rye, and Oats, the Three Fir Market Days in every Month, in the manner the prices at the Corn Exchange, London, is fet down above; and at the fame time, to note the difference of the meafure. This will be certainly of great use to dealers, and tend in the end to bring the prices nearer upon a par in the different parts of the kingdom, than has yet been attempted. John Gilbert, of Exeter, Serge maker. 35th reg. f. lieut. col. William Master, half-pay-W. Startin, and E. Moody, of Birmingham, dealers. lieut. col. vice-lieutenant-col. Thomas Hall. James Rreft, of Coatham, in Yorkshire, Grocer. Peter Poe, jun, of London, Merchant. THE Gentleman's Magazine; MARC H, 1768. Narrative of the proceedings of the Houfe of Commons in the reign of King James the firft, against the Warden of the Fleet, for refusing to deliver the perfon of Sir Thomas Shirley, (an out-law and burgess elect) to the ferjeant of their houfe, be being a prifaner for debt, and committed inexecution before the Parliament met. S IR Thomas Shirley, a burgefs elect for Steyning, in Suffex, four days before the meeting of parliament, and on the day when his majefty made his public entry through London, was arrefted at the fuit of Gyles Sympfen, a goldsmith in Lombard ftreet, by WilTiam Watkyns, ferjeant at mace, and Thomas Aram his yeoman, and carried to the Compter. But being taken in execution on a writ of outlawry, he was afterwards removed to the prison of the Fleet. As foon as the parliament met, a motion for priviledge was made in favour of Sir Thomas, by his brother ferjeant Shirley, a member of the house, to which the house affented, and a warrant was ordered, according to the ancient form, and directed under the hand of the Speaker, to the clerk of the crown, for a writ of habeas corpus to bring the body of Sir Thomas Shirley into the houfe upon the Tuefday following at eight in the morning; the ferjeant of the houfe was likewife commanded to bring the bodies of William Watkins and Thomas Aram, the officers who arrested Sir Thomas, to be prefent at the fame time. On Tuesday, the day appointed, the writ of habeas was returned to the houfe by the warden of the Flect, the prifoner himself brought to the bar, with Sympfon the Goldfmith, and Watkyns and Aram, the officers, as delinquents, to whom the Speaker addrefs'd fome queftions relative to the fervice of the writ of execution, to which it was anfwered, that the writ of execution was taken out the 30th of January, and delivered to the ferjeant the 11th of February, before Sir Thomas was elected burgess that the ferjeant knew nothing of the election; but understood by his majesty's proclamation, that no perfon outlawed for treafon, felony, or debt, ought to be admitted a member of parliament; and that Sir Thomas, he knew, ftood fo outlawed. Sir Thomas in his reply, affirmed, that the arrest was not made till the 15th of March, the day of his majesty's folemn entrance through London, when he was going by order to attend his majesty of which, upon the firft offer to touch him, he defired the officers to take notice; and alfo that he was elected a burgess in parliament for the borough of Steyning; but notwithstanding this notice and declaration, the officers perfifted in the arreft, and dragged him to prifon accordingly. Watkyns the officer, admitted, that after the writ of execution was ferved, Sir Thomas declared as above, but being then in poffeffion of his prifoner, he durft not release him because of his bond to the fheriff, and regard to his fecurity. Upon this information, the house entered into debate, and in the conclufion, a committee was appointed to hear council and examine witneffes, and the warden returned with Sir Thomas to, the prison of the Fleet. The committee, a few days after, made their report, that Synpfon was guilty of contempt; that the writ of execution was unduly procured; that Watkyns, the ferjeant, made the arreft wittingly; and that Sympfon, after the arreft was made, being told that Sir Thomas was elected a burgefs, made anfwer, he did not value that, he could but lie by it. Upon this report, a motion was made for committing Sympfon, the Serjeant and his yeoman to the Tower, the proper M 100 Proceedings against Sir Thomas Shirley. per prifon of that houfe, and the fame being agreed to, two members of the houfe were appointed to wait upon the lord chancellor to acquaint him with this refolution; and being informed that his lordship had previously.committed the parties to another prison, the members were defired to request his lor hip to affign his motives for fuch commitment. In the mean time, a motion was made by the recorder of London, that the counfel of all parties might be heard touching the point of debt before Sir Thomas Shirley thould be difchargcd; and in his motion expreffed three doubts, 1. Whether priviledge were to be allowed in the cafe where exccution was ferved before the parliament fat; 2. Whether by releasement of the prifoner, the action were discharged; and 3. in that cafe, Where the lofs hould lie? The houfe agreed to hear counsel on the Friday following, and at the fame time ordered a warrant for a new writ of habeas to bring the body of Sir Thomas Shirley before the houfe at eight o'clock in the morning of the faine day. On that day, the members who were ordered to wait upon the lord chancellor, made their report, That touching the commitment, his lordship gave for aniwer, that the arr. ft being made upon the day of his majesty's entrance, he thought one but hollow hearts would jo far contemn fuch a day as to diflurb his majesty's fervants in their attendance on the jolemnity of that day, and, therejore in difcretion as his majefty's officer, be did it. At th: fame time the counfel came to the bar, and precedents being cited on both fides, the further hear. ing of the matter was adjourned to a future day, and the order for the commitment of Sympfon and Watkyns to the Tower was confirmed; but that of Aram was, for obvious reafons, remitted. On the Monday following, copies of the precedents before cited, were produced; and after being read, three quetions were feverally put. 1. Whether Sir Thomas Shirley fhall have privilege? Yea. 2. Whether prefently, or be deferred till farther order? Presently. 3. Whether the house fall petition his majefty for fome courfe of fecuring the debt to the party, and faving harmlefs the warden of the Fleet? Refolved in the affirmative. The next day, a bill drawn by the committee of priviledges was prefented to the house, entitled, An A&t to fecure Sympfon's debt, and fave harmles the warden of the Fleet in Sir Thomas Shirley's cafe, and twice read, committed, and on the Friday following order, ed to be engroffed, and the next day paffed the houfe, and fent up to the Lords; where it received all the dif patch becoming the gravity of that houfe; but a queftion arofe at a conference how it should be figned, whether by the king in perfon, or by commiffion. The first was thought too much in the cafe of a private perfon; but the matter of privilege which concerned the whole body of commons, being urged, it was agreed to petition his majesty to give his royal affent, generally, leaving the time and manner to himself. The houfe afterwards proceeded to take the report of the committee ap-'. pointed to examine precedents t uching the releasement of Sir Thomas Shirley by warrant of the mace and at the fame time, a petition was presented and read from Gyles Sympfon, prifoner in the Tower, praying, "a copy of those precedents, to compare them with the records, and that he may have a day allotted him to fearch what other precedents may be found to the contrary. But this being judged by the friends of Sir Thomas to be a fineffe to prolong the time of his confinement, a petition was drawn up and prefented to the house for approbation, praying his majefty to give the royal aflent to the bill of indemnity, as already related, that no delay might be pleaded on that account; but this petition was not approved; and instead thereof, a queition was moved and agreed to, that a writ of habeas be prefently awarded for bringing Sir Tho mas into the houfe the next day by eight of the clock in the morning, and the fpeaker directed his warrant to the clerk of the crown accordingly. On the day following, the houfe was informed, that the warden of the Fleet refuted to comply with the writ of habeas corpus before the king's royal affent was obtained to the bill for the fecurity of Sympfon and himself. And the warden being in the lobby, was called in and examined upon oath, whether any bargain between Sympson and himfelf, or reward, or promife of reward by Sympton, or other hope from him or his friends, had influenced him to detain the perfon of Sir Thomas, in contempt of the order of the commons houle? His answer was, he detested all private 1 Proceedings against Sir Thomas Shirley. private influence whatever, and acted The warden was again brought to the He Thomas, if by a writ directed to him for that purpofe, he were brought before the lord chancellor, and fo he retired again. A debate again enfued, what courfe to be taken; fome propofed a writ of priviledge and the mace; others more moderate, propos'd paffing the act for the warden's fecurity, and a third party were for proceeding in the old way, by habeas corpus. It was, however, at length agreed, to commit the warden clofe pritoner to the Tower, for cantempt, and to fend the ferjeant next day to the Fleet (the houfe fitting) to require the delivery of Sir Thomas. 6 The next day, the ferjeant according to order, repaired with his mace to the Fleet; but the mace could force no doors open at that prifon, and the fer-jeant attended by a numerous croud of merry spectators, returned to Weftminfter, and reported his reception. The houfe, on his report, grew warm: Some propofed violent measures; and a motion being made, That fix gentlemen of the house be felected, and fent to the Fleet with the ferjeant and his mace to attend them, and there require the delivery of Sir Thomas, and if denied, to prefs to his chamber, and, providing for the fafety of the prifou and prifoners, to free him by force, and bring him away with them to the house.' This motion, however extravagant, was feconded, and the house divided upon it, Yeas 176, Noes 153; and it was accordingly refolved, That the gentlemen felected fhould be fent with full power to execute the order of the houfe. But when the heat in the houfe was a little abated, the speaker cautioned the house against fo violent a proceeding, and withal informed them, that all fuch as were fent, and did enter the prifon in that manner, were by the law fubject to an action upon the cafe ; fo that the moft violent among the members, when they came to be nominated, declined the fervice, and that proceeding dropt of itfelf The next day the debate was renewed; the bill of indemnity, though it had paffed both houfes was found defective; a new bill was therefore propofed, prepared, read three times, engroffed, and fent to the lords, and a ineffage from the king, in verbo principis, that he will give it his affent at the end of the feffions, was obtained; all this in one day. The wrath of the houfe against the warden, was, however, rather increafed than abated; a mction was even made to punish an officer in the |