ing, as judge Gripus did of old, that the contrary method serves only to introduce uncertainty and confusion.

I do not however pretend to affirm any thing of the legal original of this jurisdiction. I know the learned are greatly divided in their opinions concerning this matter, or rather, perhaps, in their inclinations; some being unwilling to allow any power at all to this estate, and others as stoutly contending, that it would be for the public good to deliver the sword of justice entirely into their hands.

So prevalent hath this latter opinion grown to be of modern days, that the fourth estate have been permitted to encroach in a most prodigious manner. What these encroachments have been, and the particular causes which have contributed to them, shall be the subject of my next paper.

COVENT-GARDEN JOURNAL, No. 47, June 13, 1752.

IN

my

last

paper, I have endeavoured to trace the rise and progress of the power of the fourth estate in this constitution. I shall now examine that share of power which they actually enjoy at this day, and then proceed to consider the several means by which they have attained it.

First, though this estate have not as yet claimed that right which was insisted on by the people or Mob in old Rome, of giving a negative voice in the enacting laws, they have clearly exercised this power in controlling their execution. Of this it is easy to give many instances, particularly in the case of the gin-act some years ago, and in those of several turnpikes which have been erected against the good will and pleasure of the Mob, and have by them been demolished.

In opposing the execution of such laws, they do not always rely on force; but have frequent recourse to the most refined policy: for some

times without openly expressing their disappro bation, they take the most effectual means to prevent the carrying a law into execution ; these are by discountenancing all those who endeavour to prosecute the offences committed against it.

They well know, that the courts of justice cannot proceed without informations; if they can stifle these, the law of course becomes dead and useless. The informers, therefore, in such cases, they declare to be infamous, and guilty of the crime læsæ mobilitatis. Of this, whoever is suspected (which is with them a synonymous term with convicted) is immediately punished by buffeting, kicking, stoning, ducking, bemudding, &c. in short, by all those means of putting (sometimes quite, sometimes almost) to death, "which are called by that general phrase of mobbing.

It may perhaps be said, that the Mob do, even at this day, connive at the execution of some laws, which they can by no means be supposed to approve.

Such are the laws against robbery, burglary, and theft. This is, I confess, true; and I have often wondered that it is so. The reason perhaps is, the great love which the Mob have for a holiday, and the great pleasure they take

in seeing men hanged; so great, that, while they are enjoying it, they are all apt to forget, that this hereafter, in all probability, is to be their own fate.

In all these matters, however, the power of this estate is rather felt than seen. It seems indeed to be like that power of the crown in France, which Cardinal de Retz compares to those religious mysteries that are performed in the sanctum sanctorum; and which, though it be often exercised, is never expressly claimed.

In other instances, the fourth estate is much more explicit in their pretensions, and much more constant in asserting and maintaining them; of which I shall mention some of the principal.

First, they assert an exclusive right to the river of Thames. It is true, the other estate do sometimes venture themselves upon the river; but this is only upon sufferance; for which they pay whatever that branch of the fourth estate, called watermen, are pleased to exact of them. Nor are the Mob contented with all these exactions. They grumble whenever they meet any persons in a boat, whose dress declares them to be of a different order from themselves. Sometimes they carry their resentment so far, as to endeavour to run against

the boat, and overset it; but if they are too good-natured to attempt this, they never fail to attack the passengers with all kind of scurrilous, abusive, and indecent terms, which indeed they claim as their own, and call mob-language.

The second exclusive right which they insist on, is to those parts of the streets that are set apart for the foot passengers. In asserting this privilege, they are extremely rigorous; insomuch, that none of the other orders can walk through the streets by day without being insulted, nor by night without being knocked down. And the better to secure these footpaths to themselves, they take effectual care to keep the said paths always well blocked up with chairs, wheel-barrows, and every other kind of obstruction; in order to break the legs of all those who shall presume to encroach upon their privileges by walking the streets.

Here it was hoped their pretensions would have stopped, but it is difficult to set any bounds to ambition; for, having sufficiently established this right, they now begin to assert their right to the whole street, and have lately made such a disposition with their waggons, carts, and drays, that no coach can pass along without the utmost difficulty and danger. With this view we every day see them driving side by side, and