Anecdotes of the Manners and Customs of London during the Eighteenth Century; Vol. 2 (of 2): Including the Charities, Depravities, Dresses, and Amusements etc. — John Shaqi
Anecdotes of the Manners and Customs of London during the Eighteenth Century; Vol. 2 (of 2): Including the Charities, Depravities, Dresses, and Amusements etc.Malcolm, James Peller
History
Anecdotes of the Manners and Customs of London during the Eighteenth Century; Vol. 2 (of 2): Including the Charities, Depravities, Dresses, and Amusements etc.
Malcolm, James Peller
London (England) -- Social life and customs -- 18th century
"The Coroner, in summing up the evidence, distinguished between murder,
manslaughter, and justifiable or excusable homicides, both voluntary
and involuntary; and chance-medley, or homicide by misadventure; under
one of which classes, he informed the Jury, the present case must fall.
He observed, that the soldiers did not come to that place wantonly to
do an injury, but were called in, as the Lieutenant understood, and
so called it (when he produced his authority) in his evidence, 'by an
order from the civil power,' to suppress the rioters, and preserve
the King's peace; and whether the civil power had taken the proper
steps before applying to the military, or whether the notice sent to
the Lieutenant was a legal warrant or order, or not, were not matters
of their enquiry; for that, supposing a Justice of Peace should issue
an illegal warrant, and an officer should be killed in the execution
of it, in that case the party killing would be deemed a murderer; for
the officer was obliged to execute his office: he is not supposed to
be a judge of law; he is only a minister of Justice, and the party
had a legal remedy, if he had been improperly arrested. The Coroner
said, that the conduct of the military power upon that occasion was
the immediate subject of their enquiry; that, if the Jury gave credit
to the witnesses, the major part of whom were disinterested persons,
the soldiers did not fire till they were pressed to it, by inevitable
necessity, in defence of their own lives, and for the preservation
of the public peace; and in killing any of the rioters, had done
no more than 'Justifiable Homicides' of inevitable necessity, for
the preservation of the King's peace, and in defence of themselves;
and added, that in such case, if any person was killed that was not
concerned in the riot, but unfortunately hemmed in by the rioters, or
was passing along at that time, in that case it would be chance-medley,
or homicide _per infortunium_, that is, death by misadventure; and as
it did not appear to the Jury that the persons upon whom they then sat
were acting in the riot, the Jury found the special matter, and brought
in their verdict Homicides by Misadventure.
"After the riot by the sailors was over, the people collected, and were
so much enraged against the soldiers, that the Lieutenant was obliged
to send to the Tower for a reinforcement to prevent mischief; and they
continued under arms till near twelve at night, when he withdrew,
leaving at the public-house a Serjeant, Corporal, and twenty private
men, who, reporting the next morning that all was well, were ordered to
their several quarters."
A third scene of popular tumult occurred before the close of the year
1763, and was caused by the execution of the sentence of burning Mr.
Wilkes's celebrated Number 45 of the North Briton.
Public-domain text, read in full here on John Shaqi.
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