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PRICES of STOCKS, &c. in NOVEMBER, 1769.
India Sou. Sea. Told S. S New S. S. 3 per C. 3 per C.131 pert.13 ) per C., 4 per C. 14. per. C. y 4 per C. In, Bond. Long. Lottery Wind Weather
Stock
Stock
Ann.
Ann, reduced consol. 1756. 1758. consol.

1763.
Navy. Prem. Ann. Ticketo at Deal London

S. W.
225

86 1
Shut 87
91 Shut

S. W. rain
221

33 0

W NW. cloudy
223

86 !
88

31 o

NN, W. cloudy 221

86

88
98 91를

E cloody
219

87%
91

26

E,

cloudy 871 91

26

S, W. fair

S. E. fair
86
87
91

S. W. Sair
219

26

S. E. Sultry 217

30 o

S. W. raia 217

91

26

W.S. W. cloudy 100

26

S. W. fait
220
IC 2
85

30 0
26

S. W. fair

S. W. fair 85 97 91

26

w. sair
86

26

W. fair
86 I

w. cloudy
223

26

W. S. W. windy
223

W.

fair 224

87 % 98

32

S. W. fair

S. W. fair 214

86 1 88 98 a

N. E. cloudy 226

88 98 į

26

N. E. rain 264

S, W, rain 86 98

33 0

W. rain 86

26

S. W. cloudy
86 87 )

33 0

N. W fair

N. W, fair 87 88 98

N. W. fair

221

Sunday
163
362

159 $
9 159
10 159

159
12 Suoday
131 163
14 762

162
162
162

163 }
19 Sunday

260
ito a

160 1
23 760

87

221
221

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88 £
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251 Shut
26 Sunday
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Hereford.

Monmouth

icmefcera

CHARLES CORBETT, at No. 30, facing St. Dunstan's Church, Fleet-Street, STOCK-BROXII, who buys and fella in the Stocks

by Commiffion, and transacts the Lottery Bufiness as usual.

Bafin noke. Mark-Lane Exchange Reading

Farnham. Henley

York. Cambridge. Gloucefter.

1.ondon. Wheat go..od.to 17.uol.to ul.o 8. od to ol. 81. os. to 101. ulos load

298 10?!,9r. 34: to 3$ quod by me! Es 60 borakslesburn:soga: Hay per loud 270.00! Barley 15s.od, to 18.

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Τ Η Ε

LONDON MAGAZINE,
For NOVEMBER, 1769.

JUDICIAL ARTICL E.

an

* HE great cause so long trial commenced before the right hon.

depending between Mr. Sir John Eardly Wilmot in the same T

Wilkes and the earl of court; when after a hearing of nine Hallifax, having been hours, the jury, which was special, decided during the gave a verdict in Mr. Wilkes's favour course of the last month, for 40001. greatly to the diffatisfac

account of this tion of the populace, who, on this important affair mult, we are well occasion, were numerous beyond conconvinced, be highly agreeable to the ception, and behaved with the most public. For the information of our unpardonable indecency, because the readers therefore, we have drawn up damages were not much more confi. the following little narrative, which derable. The counsel for the plaintiff we give without any cominent of our were, Mr. Serjeant Glynn, Mr. Ser. own, as we are ambitious of main- jeant Leigh, Mr. John Leigh, and taining, a character for undeviating Mr. Davenport-For Lord Hallifax, impartiality.

the Serjeants Nares, Whitaker, and The original in this celebrated trans- Davy: and the Jury consisted of the a&tion, so effential to the liberties of following gentlemen. the meanest subject in the community,

George Collon Smith, of Poplar. was sued out, tetted June 1, and re

Edward Buckley Batson, of Hattontärnable June 19, 1763, and the earl

Garden. of Hallifax, being summoned, cast an

David Walker, 'of Kensington, essoign, which was adjourned till No. vember 18 ; then privilege intervened,

Edward Buckley, of Eflex-street.

Nicholas Marrilall, of East-street. which being at an end, and all the

Robert Carey, of Hampitead. elloigns expired, a diftringas was taken

Robert Hucks, of Great Russelout, tested May 9, and returnable

ftreet. May 27. The sheriff returns 40 s. issues; the earl does not appear ; the

Josiah Holford, of Southampton-row.

John Gould, of Hart.street. court directs sol. ifues. An alias disfringas is taken out, tested May 30,

Samuel Hartley, of Lincoln's.inn. and returnable June 18; the theriff

Heneage Robinson, of Hackney, returns his issues. The earl still re

Esquires, fuses to appear; the court orders fool.

Mr. Robert Gibson, of Red.lion.

street. illues. A pluries distringas is taken, out, tested June 22, . and returnable In the course of this decision little July 8. In November, 1964, Mr. was remarkable bat the fpeeches of Wilkes was outlawed, and here the Serjeant Whitaker and Serjeant Glynn, affair dropped. But the outlawry be the first for moderate, the second for ing reversed on the 8th of June 1768, large damages. The defendant's counthe court of Common Pleas was moved rel did not by any means attempt to on the 20th of that month, that Mr. justify, but to extenuate, and the folWilkes might have leave to revive his Towing is 'the purport to which the cause, which was accordingly granted. gentlemen naw named delivered themAnd on Friday the 1oth of November, felves on the different lides of the at ten o'clock in the morning, the question.

Mr.

Noy. 1769.

4 A

552
The Speech of Serjeant W I

Nor Mr. Serjeant W. -'s Speech.

by this Warrant, is to be confidere

and on that he is to be iademnifed MAX

AY it please your lordlip, and what favourable or unfavourable

you gentlemen of the jury, I vents have occurred to Mr.Wam counsel for the defendant, against arising from his own conduct, whethe whom Mr. W- has brought this proper or improper, it does not be action, in order to recover damages come us to consider; as these change for the injury he has sustained during of fortune can with no propriet an imprisonment for four days, under be attributed to the figning th an illegal General Warrant. These General Warrant, neither can an in warrants have been declared by the demnification with any justice be de moft solemn authority, to be contrary manded of Lord H. for them. to law; my client submits himself Mr.W- voluntarily withdrew himn. with chearfulness and respect to that self into France; he was not barified decision which has condemned them. by, or in consequence of, this war There is scarce a single person in the rant; as my Lord H- was not the kingdom, who is ignorant of the de. cause of his migration from this coun termination in the courts of law in the try, so neither did he take advantage affair of General Warrants, nor is of his absence. We might have broug there the least probability that any this suit to a very short period, we future minister will dare to iffue theni. might have demurred to bis outlawry. What emolument then can the public and have had judgment of course in receive from this action ? With what our favour. But this advantage bi public-spirited view does W— de lordship disdained to take. We waited mand a pecuniary indemnification for with patience till the outlawry was himself? Will he consider himself as a reversed; we, then hoped the cause trustee for the public? Does he intend would have been heard with all poffi. to build a church, or raise an altar to ble expedition ; but, by the plaintiff's Liberty, with the money which he ex- blundering in not giving a term's nopects you thould give him in da. tice afterwards, by the rules of this images. I think I see reason to doubt .court, the cause could not be heard, that he acts with ro disinterefted a The plaintiff never desired the noble view for the public good, fince my peer, my client, to wave his privilege, learned brother has told you in his as is the constant custom in such cales, opening, and has attempted to pro nor did he apply to the House of duce evidence to you, that the fine Lords, who would bave compelled he expects from you will be tevied, the defendant to have waved bis prinot upon Lord H-x's private fortune, vilege. but from the public treasury. He, There is now in court the tronget who brings this action merely for the proof, that the defendant cannot joft. fake of the public, will take this mo iy be charged with procrastinating ney from the earnings of the indus- this trial ; you yourselves, gentlemer trious poor. What imminent danger of the jury, were impannelled to try now calls W -s out to be the public this cause by the under.fheriff, who champion ? Mr. B. another patriot, is attorney in the cause, and therefore has already stood in the gap, and in it was in his lordship's power to take the cause of liberty already received exceptions to every one of you ; but 1500 l. of the public inoney. So much his lordship was far from entertaining for the danger to which the nation has any such design; he is happy in baving been exposed by the exercise of Gene. fuch disintereited judges of his bebas al Warrants. Let us now examine the viour in regard of Mr. W-s, of injury which Mr. W's in particu. which I shall now give you a very short lar has received from them : in affert. account, which I shall ettablich by in. ing these damages the jury are to exa: controvertible evidence. mine as by a writ of enquiry, not as an When it was thought proper by the iadignant jury, as my learned brother governinent to animadvert upon th: attempts to direct them. The diffe. authors of a political writing, and so rence arising to Mr. W. from be. examine Mr. 'W- with respect to it, ing taken up by a Legal Warrant, or Lord H- lent a message to Mr. W

degring

- 169.
On a late popular Tryal.

553 Gring to speak to him ; was that a his lordship's conduct; but I am peroof of private enmity to Mr. W-? suaded that it requires very few words pon Mr. W-'s refusing to comply to convince you to what a degree it

th this mesage, it was thought extenuates the offence. What punishoper to arreft him ; but the officer ment you shall think proper to inflict - aployed for that purpose was com. upon his lordship, by your fine, or ra

anded to treat him with all possible ther what damages to allot Mr. W-Eility. Before it was mentioned to for his suffering, I thall not presume

brd H- that orders were given to to suggest to you. He charges for de a writ of Habeas Corpus, Mr. W damage done to his house, under the as sent to the Tower. It will appear General Warrant, 4o. for breaking

you that the General Warrant was open a door, 2001. for breaking open at framed by Lord H - for the pur. bolts, locks, and escrutores, for da

ole of opprelfing Mr. W- It will mage to his library, &c. 3001. and in ppear that Lord H- objected to the some other sums, which, upon my orm of it, and refused to sign ir, till calculation, comes to fourteen hundred te was assured that it had been the and forty pounds; but by his, at the Conftant form banded down from al- end of his declaration, it comes to molt time immemorial; used by the twenty thousand pounds. He has refavourites of the people, and true covered 1000l. for breaking his house friends of the conftitution; approved from Mr. We, and the jury has, and confirmed by the then law officers in this case, only to consider what real of the crown.

detriment it was to Mr. W to be It would be an enormous aggrava. imprisoned four days. tion of his lordship’s offence, if either the General Warrant, or the Warrant The following is Mr. Serjeant G-n's of commitment to the Tower, bad Reply to the above Speech. been of his lordship’s coinage, and My lords and gentlemen of the jury, fresh from the mint, but you will find

OU have heard the argument

Y that the latter, as well as the former, had passed the most respectable hands. dant makes use of, to lessen the daAnd as soon as he was informed of mages which my client has laid in his the unexpected use that had been made declaration against the earl of H; of bis warrant to exclude Mr. W's but notwithstanding the ingenuity friends from seeing him, he immedi. with which the case has been stated, ately wrote a general order to the lieu. I differ entirely, both from Mr. Ser: tenant of the Tower, to admit every jeant W-r's own estimate, and that person that Mr. W might be wil. which he has calculated for me. ling to see. Whatever may fince have With respect to the measure of daoccafioned such a change in Mr. mages, I do not desire you, gentlemen W—'s sentiments, the conduct of his of the jury, to exert a headstrong lordship was so satisfactory to Mr. blind indignation, but I assert vengeW - at that time, that soon after ance on those who have injured the he was discharged from confinement, laws of your country, to be the proper he confessed that Lord H had be. object of your indignant spirits, and haved to bim in a manner becoming a which call on you to make the most gentleman ; and even expresied some liberal, and at the same time :he most gratitude for his lordhip’s civility. considerate appreciation of the wrongs That his lordship, who was not bred a those laws have fustained. What the lawyer, nor enquiring judicially into consequence might be to Mr. W-s, the merits of General Warrants, from the natural tendency of the "hould be mistaken in his idea of the measures pursued by the noble lord, propriety of them, ought not to ap- not what damage actually did attend pear surprizing to you, when you are them, is highly proper and necessary told that there warrants have made for your confideration. That these their appearance uncensured in Weft. effects did not follow, Mr. W-sis minfter-hall, and that my Lord Chief not in the least degree indebted to Justice Holt himself had taken bail up- the humanity of the noble defendant, on them. I utterly deny, that the any more than he is to his lordlaip's practice of office could entirely justify candour, for this extortion of juttice 5

by

554
Sergeant G-n's Reply

No7 by the voice of a kingdom. It is not mate at any price the liberty of the for intereft he brings this action, but public. to deter, by no [mail damages, future It has been infinuated that Mr. ministers from pursuing measures, W-es has not pursued with activity, which they find have led their prede- those who have been guilty of this cessors to ruin; and by no (mali da. encroachment upon his liberty. But mages are ministers to be terrified; and on the contrary, I am persuaded, and few men, in whole revolving ages, affirm, and trust that you too will be can be found, who dare oppose them. convinced, that Mr. w-en cook selves to the forces of tyranny, and every ftep to accelerate the cause, and whose single breasts contain the spirit

that L-HX took every poffiof nations. And it is to the high, ble step to retard the cause. After irfirm, and glorious ípirits, such as Mr, fues upon issues accumulated upon him Han and Mr. Ws, that the in- for small fums, iny L-H- bas habitants of this country are indebted been dragged into court as a delin for their exemption from arbitrary quent for gool. As long as the record taxation of their property, and un- of outlawry fubfifted, no farther itep certain enjoyment of their personal li- could be taken by Mr. W-s; that berty. And should you in this cause, outlawry has been lately reversed, and gentlemen, as no doubt but you will, we have now, after all the unavoidable act with the noble zeal of Englishmen, delays of law, assisted by the autho. it must appear to the public, the re: rity of privilege, happily brought this cord must be graced with it, that a delinquent to answer to you for his British jury inflicted an exemplary fine conduct, and to make some satisfaction on the minister who daringly deprived

for his injustice. the champion of his country's freedom

I am charged with attributing to my of his own liberty.

L-d H-o, personal malice agaielt How Mr. W-es will think

proper

Mr. W-s without proof. The idea to apply the partial remuneration of the law has annexed to malice, is a his injuries, becomes not us to enquire; depraved mind, exerting itself against but that the noble peer should luffer persons who have really offered no infor his misconduci,' by a pecuniary jury, or none adequate to the resentmulet, is of the highest importance to

ment kindled and bursting out into us, and due in justice to Mr. Wes.

action against them. And the court It has been asked by my learned bro

always Tupposes that kind of malice, ther in his usual vein of pleasantry,

where no sufficient cause of mal-treatand to relieve your spirits, after so

ment appears. It must therefore be long and serious attention, whether either malice against W-es, or deMr: W-os would build a church or

praved motives against the constitution erect an altar to liberty? Yes, he will itself, which prompted and impelled raise an altar to liberty, in the memo

the noble peer to the enormities that ry of all friends of the constitution; have been discovered and reinonftrated you, gentlemen, will have the honour to you by the evidence equally of deof alliiting him in the glorious work, fendant and plaintiff. and your names will be inscribed upon

Mr. W-s arrelted, the custody is it.

almost instantaneously changed, and I would not tride with your time, I

he is sent with amazing expediwould not be so insolent as to suppole,

tion to strict and close confinement in ebat a Middlesex jury would susp¢&

the Tower. Mr. W-b says, such or imagine that it was for bolts, locks, directions given or door's broken, thaç this action was Eg -t in the presence of L-d brought : that such particulars were

H -x, filent and unopposing, as estimated at 2001. others at 3001. and

Thocked even him, from which con. that the liberty of Mr. W

duct we must infer malice; and such be estimated at gool. The valuation malice appears of all sizes, in the proof liberty is new to the law. The con cedure of the defendant, as evince his titution of the courts of law fix no va. action to have been entirely under lue upon the liberty of individuals, the malignant authority of that paflion any more than good citizens çan esti The North Briion is charged in the

were

by Led

wes was to

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