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1769.

A true Picture of the Vicisitudes of Fortune. shoulder, was also of his work, and What was at first only natural premade at the request of a Roman poble. judice in favour of a pleasing, loon man.

became the admiration of a most

'amiable woman. He discovered too To the AUTHOR of the LONDON much of her principles to attempt to MAGAZINE.

ask her to admit of his visits, but he SIR,

took care, in a day or two, to introWill apply to you for judgement in duce the wife of a relation to her ac

a case of a very singular nature, quaintance, whom he rendered the inthough I at the same time honestly itrument of many generous purposes. confess, that, however I may be plea My mother bad not the Imaltest fed, or flattered, by finding your sen. idea of his views ; all vanity' extintiments agree with my own, I cannot guished, the little thought herself capay you the compliment to say it is pable of attracting admirers ; 'he howpossible to alter mine, if I thould dil ever found an opportunity, when the cover the contrary.

had lecured her good opinion, to make - My father died when I was quite her a molt genteel offer of his fortune an infant, and left my mother not and heart. Her surprize was so great, only in indigent circumstances, but in that, for some time, the way unable an unhappy state of health. Her re. to reply; but, on recovering herself, lations found out that she had brought assured him, that the would ever reall her misfortunes upon herself, by tain a grateful sense of the high commarrying a man of over' nice princi- pliment he paid her, though it was ples ; (for it was by paying his father's utterly incompatible with her notions debts, and being too good-naturedly of propriety to avail herself of it. bound for those he called his friends, This was no more than he had prethat had reduced him to disagreeable pared himself for; "he therefore had circumstances) consequently were but also prepared an unanswerable : plea. little disposed to relieve her. As all Consider, my dear madam, said he, reflexions upon a memory the held what is to become of your beloved most dear, was feverer to her heart child, if you should be taken from than any other calamities, the quitted her : your induftry and economy the country where the bad known have hitherto insured her a provision, some little affluence, and with me, but neither that industry, nor that . young and helpless as I was, came up æconomy, can insure her a provision to London, where, by painting and em. beyond your life ; if you can accept broidering, lhe picked out just fuffici. of me for your friend and husband, ent to answer the common demands five thousand pounds fhall be iinmediof existence. When the had been ately fertled upon your little Fanny; fome few years in this fituation, a nor shall the experience a tenderness Rower piece from its extraordinary from you, which shall not be so far execution obtained her no finall repu equaled on my part as to prevent her tation. A gentleman of considerable ever distinguishing between the tye of fortune was the purchaser, and being nature, and the tye of friendship, curious to know the artist, was My mother was greatly distressed : length directed to our neat, though a too clofe application to painting obicure lodging; and very politely seemed to threaten her conititution excored and accounted for his con. with an early decay, and to let the duct.

object of all her Colicitude luffer in My mother was then only in her an essential point on whatever self twenty-seventh year, with an elegant motives, the conceived the higheft person, and engaging manuers; the cruelty and injustice ; she neverthieleis had all the proper relerve of her fex, delayed her compliance until she was without affectation or incivility; and pronounced in danger, and gave me as the gentleman exprefled his fur- a father, only one fix weeks before prize at her abilities having been so the sunk into the grave; and fuch long concealed, the ingenuously ac a father was never known : my happiknowledged it was owing to her own ness, my convenience, was all the industry, and lightly touched upon study of his days; yet such is the ber motives.

weakness of human wisdon, that the

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620 An unbappy Marriage generously relieved. Des very measures he pursued to effect termined for him to attempt to em thole generous purposes, were the comber it. The good-natured world very measures that destroyed me. saw things in a very different light,

A deep scheming man, of no small and joined with bim in condemaing eminence in the city, had tong en. the first principle of nature, felf-pre joyed an abundant fhare of his approa' servation. The husband was by bation. He had seen me several times, forth as injured, whilt the injira and, as the friend of that father I fo the wife and children had experienced much loved, had not the most incon. 'were forgot : I was an unnatural fiderable hare of my attention : our wretch, had taught the moft onaate: ages were in no degree equal į our ral of leflons to my offspring. I spora. difpofitions wholly diffimilar; not. ed a returning, á penitent husband; withstanding whicb, he thought pro. they, an intreating,. an affectionate per to make choice of me, and my father. What is your opinion, fr? poor mistaken father determined my Could I receive to my bolom a na fare, by elpouling his intereft; and that had evinced his disregard for three months intimacy precipitated me every moral tye? Had he nor deceive into a wife. I was married in August, ed, aboled, and neglected thole that and the spring following beheld my ought to have been molt dear to bial husband a bankrupt, and me once Nevertheless I entered into terms, more dependant upon the bounty of voluntary terms, with him, to folten my father : he pitied, he sympathized his difficulties, in the same momek with me: he indeed could not con- that I aded this bar dened part, I add. demn me; and, kindly entering into ed thirty pounds a year to a little inmy husband's affairs, faw them fpeedi- come a distant relation had afligned, ly accommodated; and we again em- and wished bappiness in his late quitbarked in commerce. But there were ted obscurity, to which, thapk God, many reserves that did not reach my he is safely and quietly returned. I father's knowledge; there was a fe will only, in the language of Zanga, cond family to provide for, and a ftill address the busy world, and wars more expensive one than mine. Four them, if they think my deeds inhoyears, however, did we totier on the man, not to judge superior beings, verge of destruction, before we were, souls made of sendibility, with whole plunged down, never more to rise. though to forgive is known to them,

My father.cast off the wretch that cannot unite themselves to the prac. had deceived him, but most kindly tised deceiver, the cold stone villain, protected me and my poor children. I am, fir, His fortune was greatly diminished by

Your humble servant, bad inanagement, and unavoidable

PENELOPL. loffes; but all he could part with was ours; and I was by his means enabled Lord Chief Justice Cbarge to the to give my boys a proper, education, Jury on a late popular Tryal. and devole myself to the cultivation Gentlemen of the Jury, of my giri's years HIS is an action, wherein pased away, both ad

W Esq; is plaintiff vantageoudy Guated, and my daugh the Right Hon. G-MD-, Eter happily disposed of to a worthy of H, is the defendans. It is as young teilow, when my father died, action of trespass for falle imprisonand died as generous and affectionate ment, brought hy the plaintiff; it is to, me and mine, as he had lived. in the form of a declaration, for breakSome person or other conveyed the ing and entering his dwelling-house, intelligence of my situation and cir- and there making a noise and diftur> cumstances to the ear of my husband; bance, breaking open locks, and tak who, though he had for twenty years ing away his papers, and likewise for neglected every tender enquiry, with fallely imprisoning his person several relpect even to his infants, now boldly days in the Tower. The fubftantial made me a visit, in order to sob me part of the claim in this action is for and them of our support, but I was seizing his papers and person without not to be duped : my annuity was bap- a legal authority, Gentlemen, to this pily secured, and I appeared too de deciaracion, the defendant las pleaded,

he

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i 7692 Charge to a Jury on a late popular Trial. he is not guilty of the fact; and the of malice, which has been attempted whole matter to be tried in this ac. to be proved, to dispossess you of any tion is, whether he is guilty or not. idea of malignity in the defendant in guilty, in order to affels luch damages granting it, and to shew you that he as you lhall think proper. It has been did not do it without precedent. If proved, over and over again, and there wrong, it was a precedented mistake. is no manner of doubt, that the im. With regard to the evidence for the prisonment was illegal, and likewise defendant, there have been a great The seizing of the plaintiff's papers. It number of warrants read ;, the firft comes now fingly before you to assess evidence they give, is a reference to the the damages, which you think the then attorney and Solicitor general, plaintiff ought to recover under all the and I will read to you first of all what circumstances. The plaintiff has called the reference says, and then the answer. several witnesses to maintain his case [The precedents were read, forty-one set out in his declaration. On the in all, about fifty more were produced part of the defendant, it is admitted, but not readį, then

JW - was and so it most certainly appears to be called, Mr. A-, and next Pto every body that ever heard a cause, CW, and LS that the warrant whereby the plaintiff Esqrs. The lalt piece of evidence prowas imprisoned, and his papers seized, duced on the part of the defendant was an illegal warrant; it has under-, was to prove, that the plaintiff had obgone the consideration of this court, tained a verdict of 1000l. against and likewise of the court of King's Mr. W for an a&tion against Bench, and has been deemed illegal, bim for the feizure of his papers.) and very properly fo, by every judge This is the evidence laid before you. who has seen it, therefore it is impol. As to the warrant, I have faid able to justify it; and there is no pre- enough concerning the illegality of it; tence or foundation for the defendant it comes then to be rightly and truly in this cause to make any sort of Itand nothing more than this, that this genagainst this action, by way of justifica tleman has been imprisoned falsely by tion, in the way he has done, because an illegal warrant, without a proper it clearly and manifefly is an illegal authority, that he has been kept in warrant, contrary to the common law custody from Saturday the 30th of of the land; and if warrants of this April to the Friday following, and kind had been reckoned legal, I am then set at liberty by this court; he sure, as one of the plaintiff's witnesles was confined seven days before he was observed, it is extremely proper for discharged, and he has had his papers the authority of this kingdom to in- taken away by force likewise, by this terpose and provide a remedy, because illegal warrant; and therefore, you all the private papers of a man, as well are under all thefe circumstances to as his liberty, would be in the power affert and assess the damages, you think of a secretary of state, or any of his he ought to recover for this seizure of servants. The law does not make any papers and false imprisonment. difference between great and petty of You all very well know what valt des ficers; thank God, they are all ame. ference I always pay, and ever will, to nable to joltice, and the law will reach that part of the office of a jury which them, if they step over the boundaries properly belongs to them. I never the law has prescribed. Gentlemen, it did, nor eyer will, while I have the is material for

ryour consideration, that honour of execuring the office of a this warrant, in the form of it, is il. judge, attempt to controul or indulegal; yet still it is not a warrant of ence the minds of a jury, in respect to their own original framing, it was in damages, but submit to them fuch obconformity to many precedents in their servations as occur to me upon the office, from the time of the Revolution. evidence, but not by way of controulAbout the 3d or 4th of James II. ing them: I dare fay, I have faid the there had been warrants of the same fame an hundred times, and as the fort in the office, which were directed gentlemen at the bar have industriously in the same form, and therefore the avoided, upon both sides, pointing at use made of this evidence is to try to any particular sum you thall give, I take off a great part of the imputation will as industriously avoid pointing at

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Charge to the Jury Dec. it too, and teave it to you to judge as it appear's moft clearly that the plaieyou fall think proper In regard to tiff has been taken up unlawfulig, has the law, I have always been as tena. been imprisoned seven days, has bad cious of the proper function of a judge, his papers rifled, examined, and seized, as I have been of the jury. When at that those papers have been likewise question comes before me upon a point impraperly and illegally taken notice of law, I wail always take an oppor- of, and by the letter that has been read tunity when the jury are not to inter; to you, it appears that such of them as pose in it, to explain it to them, and could not tend to prove the charge with regard to facts, I'fhall take them against him would be returned, and as I take tbe law : that being the case, such as would prove him guilty woeld you are to take all the circumstances not that he has had these papers of this cause into your confideration; taken from his house without the least there is another reason why I will say pretence of right whatever. As to the very little more to you than what is declaration, gentlemen, that is nothing my duty, which is, that when a special in regard to breaking locks and doors, jury of the first rank of people in the and all these kinds of things; they country appear to try a fact, there is are only formal words; the damage not so much necesity for a judge to upon them is nothing; the damage is descaut upon the nature of a caute, as for the unlawful imprisoning bim, and there is to an inferior rank of men, taking his papers without a proper auperhaps, not so well acquainted with, thority; and there has been a moft nor to properly qualified to balance such plain, gross injury done him, and it is 2 cause as this.

plainly and grofiy a violation of the There is another thing I Mall men- laws. You are not, in afserting the tion to you, which is, that no preju damages, to turn your eyes upon the dices, of whatsoever kind, nould in- broken locks and doors, mentioned in fluence you; it is my opinion, you all the declaration ; the spirit of the thing come here as unprejudiced and dif- is for seizing his person, and confin paslionate to try this cause as I myself ing him feven days, and for unlawfully on, and therefore all things laid out keeping his papers. Another fact is of doors, all papers and pamphlets, proper to be considered ; the manner and every thing either in writing or of doing it: it has been proved to you, conversation, are always in the admi. that, with regard to sending him to niftration of justice to be totally laid the Tower, and committing him close out of the minds of judges and jury; prisoner, there has been an order in they must be blind, deaf, and dumb the warrant directing him to he kept to every thing but the evidence before clo je pritoner ; there has been a directhem; they must divest their minds of tion given by Lord E--, in the dewhatever papers may influence them; fendant's presence, a verbal order, I speak for myself, I have not read . not to admit any body to see bin, three papers about it, and I never do wiich is a thing extremely unlawful. about anything; I keep my inind free There is another thing mentioned with for every thing that may come before regard to the change of custody : as to me of that kinú: to be sure, there has that I own there does not seem to me heer, with regard to the plaintiff, a to be that difference contended for ; it neceflity for me to read and look into appears that the plaintiff was taken the law;' with regard to any thing up and brought to the defendant, and elle, I never fuilered myself to be bie that there was a Habeas Corpus applied afled or affected by the reports or read. for, hut then it was applied for improper. ing of such papers or pamphlets, as ly, and therefore cannot be contidered as are wrote with an endeavour to pervert evidence before you. I do not see justice. Much has been said upon both (but that must be for your consideratides, which does not particularly ap. tion) that any manner of oppreffion ply to this cause; in direct terms, it from the changing the coftody, ap. is the evidence, and the propriety of pears from the evidence before us. It what arises necetiarily and immediate- does not appear that the secretary of ly from the evidence, that you are too Itate knew that the Habeas Corpus orin your judgment upon.

was applied for, before the warrant fer Now, gentlemen, in the first place, sending vim to the Tower was pre.

pared

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1769

On a late popular Trial. pared and signed. It does not appear the first issued out of his oflice, it that they knew it, from any thing I would have been a prodigious aggracan see ; they beft know whether they varion ; but you see from the evidence, did or not. There was fome hurry that has been laid before you, that about it, but I do not fee any thing there has been an illegal course of has been proved of any intention to office established from before the time oppress the plaintiff, becaute they did of the Revolution to this time, that it noi know, at the time they ligned the has been animadverted upon in the warrant, that the Habeas Corpus was several coures of justice, and these kinds applied for; there mult be some mil- of warrants have been issued ; and, take about that, as it did not coine to therefore, whatsoever error this genthe defendant's knowledge. You know tleman may be guilty ofs it must appear very well I never give myself the li he was a gentleman not acquainted berty to inforce words, but give them with the law, and adopted this frange you precisely ; you are to confider the rule; if he has erred, he has erred evidence, and to judge whether or not with all the secretaries of late from you think that this custody was chang- that time. In regard to this, it has ed by the secretaries of state, with an been adopted by those who have been jntention to injure the plaintiff: if so, as great friends to the laws of their it would be aggravation of the illegal country as any men could... The few treatment. As to his being ill-treat- cretaries of state are not bred to the ed, upon my oath I cannot say I fee law, and find in their office a course any sort of ill usage ; there does not of General Warrants. Surely it would seem to be the leait ill usage designed be a most unnecesary act of injustice him ; there does not seem to be any to consider, and to treat this as an aggravation arising out of this matter. unprecedented act of oppression; it Upon the contrary, according to one would be unjust, because there is a of the witnesles, the plaintiff said the most esential and material difference; defendant behaved like a nobleman, and you see further, that even when and he thould always refpect him for these gentlemen did start at the warit; upon the evidence I do not find rant, that the law officer, that is, the that change of custody was meant as an

solicitor of the treasury, there present, aggravation.

said, " That is the course of office; Now, gentlemen, with regard to it has always been granted so; we are the proof before you, as told

you be. right in the thing ; I will consent to fore, you are the only proper judges ; no innovation." Has there been here as to the giving these orders, and the any intention of this noble lord to subconstruction of them; it must be ob vert the liberty of the people? From terved, that as soon as it was known the evidence there does not appear to that his friends were not to see hiin, be any such intention. You find he Mr. W. did endeavour to ree applied, from time to time, to the tify it.

It appears upon evidence, lawyers of the crown, and referred to that, from the beginning of his know. them, and sent to them upon every ledge of that tranTaction, he took all thing that happened, for their dia the pains he could to rectify it, and rection: and the secretaries get the verbal orders relaxes, upon

both very desirous of doing sight, which he applied to the defendint, 'and acting according to the direction and he sent word that the plaintiff's of those that are beft able to advise friends might see him; but as to the them; therefore I say, that is a matebeljaviour throughout, it is nothing rial part of this caufe in extenuating, at all to this caule, as they had not a or diminishing the damages which the proper authority for detaining the plainüiff mult recover in this action. plaintiff'; therefore the point for you With regard to the words cloje confineto consider is, whether the evidence ment in ibe Tower, it appears, that, that has been laid before, on che be even for libels, it has been usual to inhalf of the defendant, does not, in a lert these words. It clearly does not great weasure, draw out the iting of draw chat part of the iting of the cause chis warrant. With respect to the war out, because the secretaries put their rant, if the defendant bad invented own conitruction upon it; they accomthis warrant himself, if it had been pany it with verbal orders that they

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