A conclusion, which is not our question. The case and question, therefore, referred by his Majesty's command to the twelve judges, is neither our case nor our question. A naked opinion of the judges, on the case referred to them, will not satisfy our doubts, as to that due execution of our office, to which we are bound by law and oath. For by stating, as part of the case, the sign manual (of which we know nothing) the judges perhaps may not confine their considerations to the validity of the Recorder's warrant, which yet is the only one we have for execution, except the sentence of the court, with which it militates; and by concluding that the question is, whether it is lawful for the Sheriffs to execute the convicts according to the tenor of the Recorder's warrant, our questions may chance to receive no answer; for should their lordships, the judges, be of opinion that these words-the usual place of executionare not a material part of the sentence and should they, observing the discretion which is still left to the Sheriffs, even in the Recorder's warrant; and that if the discretion is in the crown, and not in the Sheriffs, it cannot be delegated by the crown to the Sheriffs; should the judges upon this or any other account, be farther of opinion that the place is left to the discretion of the Sheriffs, making themselves responsible for the fitness of the place; their lordships might then answer the question referred to them in the affirmative; and might thereby seem to vest the discretion in the crown, whilst the very reason of their answer would be, that they judged it to be in the Sheriffs. For these, and many other reasons, my lord, we wish humbly to intreat his Majesty, that the same method may be followed with us, as was practised in Sir Edward Coke's case, who, after having been chief-justice, was appointed Sheriff of the county of Buckingham, and taking four exceptions to the oath proposed to him, both his exceptions and his reasons were, by the Lord Keeper, laid before all the judges, and received each a separate answer with their reasons. In the same manner we pray, that this letter, and our objections, as we delivered these to the Secretary of State, may be laid before the judges, that so our case, and our questions, may receive an answer, since it is intended to satisfy our doubts. We are, my Lord, &c. J. TOWNSEND. J. SAWBRIDGE The Lord Chancellor's answer. GENTLEMEN, I RECEIVED your letter at Westminster this morning, and have transmitted it to Lord Weymouth, and am inclined to believe, that when you have seen the judges' opinion that was sent to me last night, and which I have desired Lord Weymouth to send you a copy of, you will be satisfied that the Recorder's warrant is a lawful authority for you to see execution done, according to the tenor of the warrant. If the warrant is a lawful authority, I conceive that you will be under a necessity to obey it. I will only add, that your reasons and petition, together with Serjeant Glynn's opinion, were transmitted by me to Lord Mansfield, and, I dare say, have been perused by the judges, though they make no part of the case. After you have perused the judges' opinion, I should be obliged to you if you would state your own case, with your question, which will be taken into conside ration if you remain dissatisfied, and it should appear that any material fact has been stated that ought to be omitted, or any thing omitted that ought to have been stated, or if the question has been defectively or improperly drawn. CAMDEN. On Friday, Dec. 1, the Sheriffs received the following letter from Lord Weymouth. GENTLEMEN, St. James's, Nov. 30. His Majesty having thought proper to take the judges' opinion upon the difficulties you were under with regard to the execution of Doyle and Valline, in order to satisfy your doubts upon that head I am commanded to acquaint you, that the judges are of opinion," that the time and place of execution, are, in law, no part of the judgment, and that the Recorder's warrant was a lawful authority to the Sheriffs, s to the time and place of execution." SIR, WEYMOUTH. From Lord Weymouth to the Recorder, St. James's, Nov. 30, 1769. The Sheriffs having expressed doubts with regard to the execution of Doyle and Valline, it was thought proper to take the judges' opinion on that matter, which I send you herewith; and I am to acquaint you, that, having laid the same before the King, it is his Majesty's pleasure, that there shall be no further respite for those convicts. WEYMOUTH. From the Sheriffs to the Lord Chancellor. MY LORD, WE did not receive from Lord Weymouth, any account of the judges' opinion, given on Friday last, Nov. 24th, till last Friday, the 1st of Dec. We thought it not right to trouble your lordship with a reply, whilst we were in daily expectations of that opinion. And we waited with the greatest impatience, lest your lordship, not imagining that such a delay could have happened, should suppose us either backward to acknowledge our satisfaction, or negligent to avail ourselves of your lordship's very kind and candid offer of farther consideration, if we remain dissatisfied. We cannot but lament, my lord, that by the inclosed letter from Lord Weymouth, our doubts are overruled, without being satisfied. We can account for it no otherwise, than by supposing, if the judges saw our objections and our questions, that they deemed them too trivial to deserve an answer. Whilst we submit entirely to the judges' opinion, as conveyed to us by Lord Weymouth, we are unhappy to be sent to execution without the least information where this discretion is lodged, or by whom it is exercised. We have received, as in our last letter we apprehend, a naked opinion from the judges, "that the place of execution is in law no part of the judgment, and that the Recorder's warrant is a lawful authority to the Sheriffs as to the place of execution." If we have had our doubts, and have been mistaken in our opinion, we hope your lordship will excuse us when you consider, that even the Recorder, so conversant in these matters, and whose warrant is, for the future, to be our authority, was himself uncertain; for when he directed us in court to the usual place of execution, he must either have supposed it a part of the sentence, or that he was exercising a discretion, in that particular, vested in himself. His subsequent warrant contradicted both these suppositions. Supposing the place to be no part of the sentence, how could we avoid being startled when we saw, First. A discretion exercised by the Recorder directing us to the usual place of execution, Secondly, A discretion exercised by the crown, setting aside the Recorder's discretion. Thirdly, This discretion of the crown not signified to us by writ, or sign manual, but by warrant from the Recorder, whose discretion it over-ruled. And Lastly, A discretion left to ourselves to execute, not in, but as near to a church as we should judge convenient. We need not repeat to your lordship many other reasons as well as those we have before given, to justify our conduct. The judges have determined, and we do not presume to hesitate on their decision. What is now said is not meant to cause any farther trouble, but only as an apology for that which we have already occasioned to your lordship. We are, &c. J. TOWNSEND. From the Sheriffs to Lord Weymouth. MY LORD, London, Dec. 2. THE opinion of the judges, as conveyed to us by your lordship, has over-ruled our doubts, and we must request your lordship to present his Majesty our most humble thanks for his Majesty's royal condescension, in directing our case to be laid before the judges. We are, &c. J. TOWNSEND. P.S. We shall be obliged to your lordship, if you will direct Mr. Serjeant Glynn's opinion to be returned to us. Letter from Lord Weymouth. GENTLEMEN, St. James's, Dec. 4. I AM glad to find that the opinion of the judges has overruled your doubts. I shall not fail to lay before the King. your thanks for his Majesty's goodness upon this occasion. As Mr. Serjeant Glynn's opinion was transmitted to me by you as one of the reasons which induced you to doubt of the legality of the Recorder's directions, and was by me, laid before his Majesty, the original must remain in my office, but I send you the inclosed copy. I am, &c. WEYMOUTH. John Doyle and John Valline were executed at Bethnel. Green, on Wednesday, December 6, 1769. The next sentence which Mr. Recorder of London passed, was on Monday, the 11th of December, when he pronounced the following words only: "You the several prisoners at the bar shall be severally hanged by the neck till you are dead, and may God Almighty be merciful to your souls." 1769, Supplement. 1770, Jan. XLII. Want of CHARACTER, a common Defect. THERE are an infinity of persons in the world, who have absolutely no character; the temperament of whose minds is so equal, so insipid, that no one passion predominates, no talent appears conspicuous above the rest; and I know not whether this evenness of disposition be not a state much to be envied, since the maxim is, qui bene latuit, bene vixit; most men, however, will be aiming at an excellency in some way, though they so frequently miscarry in their views and designs; and it is doubtless a very landable ambition for a man to endeavour to distinguish himself above the herd, especially when his object, or point in view, is honourable and praiseworthy, as tending to the benefit and advantage of his fellow creatures; and as his view is splendid, so he will be sure to display his best parts and abilities in the pursuit of it. Hence arises character, and as men's minds are various, and their pursuits different, characters will of course be both numerous and distinct. I will here recite a few instances of men, both ancient and modern, in |