« ZurückWeiter »
over ; but he gave no satisfaction in that point. He was hanged, drawn and quartered, the 27th of November last, and it is said, he then wished, that he might never enter into the kingdom of heaven, if he ever said those words; for which he was condemned.
2. In the Star Chamber, one Lodowick Bowyer was cena sured, for divers scandalous speeches, concerning the now Archbishop of Canterbury; which speeches were testified in court, by several men, viva voce, viz. that he said to them at Reading, that the Archbishop was imprisoned, &c.
3. In the other Star Chamber case, Mr. Attorney-gene. ral was retained for one Philip Bushin, relator, against five several defendants, whereof two were acquitted, and no prosecution against them.
The others were Dominick Sarsfield, Viscount Rosenberry, alias Kilmallack, chief justice of the common pleas of Ireland, Sir Henry Bealing, Knt. and Philip Pilsworth.
The charge in general was, for conspiracy, to accuse, in. dict, and execute, one Philip Bushin, the relator's father, for murthering his wife, and for several undue proceedings in his arraignment and conviction, with other offences.
In particolar, Philip Pilsworth was censured, for that he being a juror, did say, that rather than he would be fined and imprisoned, he would find the prisoner guilty, though he were his brother. And that afterwards he wished he had given a good sum of money, so that he had not been of the jury. This was censured by my lord chief justice Richardson, and divers other lords, for ambodextry. But none did fine him, but my lord privy seal, which was 100l. My lord keeper and some other lords, did not censure him, because they found not any such particulars directly charged in the bill.
Sir Henry Bealing was censured as a malicious prosecutor, which malice did appear, in that, when Bushin was to have been acquitted by proclamation before a former judge, Sir Henry Bealing being sheriff, said, “ let him not be so acquitted, I will find witnesses against him;" and after this, he said, be would follow him to hell gates.
My lord Sarsfield was censured, for wilful misdemeanors to the grand jury, to the petit jury, to the prisoner, and his witnesses.
1st. For that he called the grand jury into a private chamber, that there, when they desired better evidence, he told them, they must find the bill upon probabilities, and that they could not have more clear evidence in this case, unless ihey expected a miracle from Heaven, such as hap
pened once in the King of France's court, &c. whereupon he told them, that the King of France once walking in his armory, spied a bird pecking a hole in the window, at which he presently opened the casement, and saw a fellow underneath trembling, who confessed a murder which he bad committed.
2dly. For that when two of the petit jury would not agree, he threatened, fined, and imprisoned them, and added two more in their room to the rest, that were agreed, without empannelling a new jury, and for that when an officer brought word the jury would not agree, he bid the officer go tell them, that at another place in his circuit when one of the jury could not agree, the rest pulled him by the nose, and pinched him till he agreed.
3dly. For that when the prisoner intreated, that by reason of the tempestuous weather, the noise of the people, and his deafness, he might be admitted within the bar, to hear what was alleged against him, and how they proceeded concerning his life, the Lord Sarsfield denied it him. And moreover, that when the prisoner intreated, that his servants and other witnesses might be heard, the lord Sarsfield denied that request likewise, saying, I will hear no evidence against the king,
For these misdemeanors, my lord privy seal, the two chief justices, and my lord of Dorset did neither acquit him, nor condemn him.' Ist. For that they could not reconcile the depositions. 2nd. My lord privy seal and two chief justices said, that for him to do such things as are alleged, it is indiscretion, but no crime: that for them he was answerable to his master, that gave him the place, but not in that court; and withal, they considered the inconveniences that might arise, if a judge shall be called in question for the life of a mạn after verdict found, the party condemned and executed,
But my lord keeper, the two archbishops, earl of Arundell, lord Wimbleton, bishop of London, lord Nubeighe, Sir Thomas Edmunds, Sir Henry Vane, secretary Cook, and secretary Windebanke, did all censure him; and I conceive, by comparing their censures together, that my lord Kilmallack’s tine is 2000l. to give damages 2001. to be deposed from being a judge, and imprisonment according to ihe course of the court. And moreover, the archbishop of Canterbury censured him guilty of wilful murder. They grounded this their censure upon all the facts alleged, to be fully proved.
Thus whilst I relate other men's censures and errors, I hazard my own. But I know my judge, and so my censure to be rather errore amoris, than amore erroris. Dear uncle, I will spare apologies, and fly to your wonted affability. My paper affords me no more room for words, but I will presently so study actions, which may be more certain testimonies that I am, and will ever continue,
Your obliged Nephew,
to be commanded,
XIII. Lord Cornbury to the Vice-Chancellor of Oxford.
MR. VICE-CHANCELLOR, IN the course of several years, in which I have had the honour to be chosen without solicitation, one of the representatives of the University in parliament, I have never imputed that choice to any merit of my own, but have always understood that mark of the favour of the University to me, to have been the effect of services, which the ability and good fortune of my ancestors enabled them to perform to a society deserving of the best services, and which a society less deserving would long since have forgotten.
Intent to acquit myself of this great trust to the utmost extent of my ability, I have considered it, neither as the means of cabal, nor of advancement, but as a civil trust, in the execution of which, it has always been a circumstance particularly agreeable to me, to find myself the representative of a free and independent society; and though I have not been able to serve that society in other respects as I have wished to do, I have served the University, free however and independent; independent not only of ambition and of interest, but of party too, without which there is no independence; dependent only upon the great maxims of justice, and upon the spirit and forms of the constitution of our country.
It has been in that view particularly, that I have found satisfaction in every confirmation of the choice of me by
the University, as a demonstration to myself, and to the world, of their approbation of the impartiality of my conduct, and which, in that light, has reflected perhaps no dishonour upon themselves.
But as I believe from the first, and have long experienced, that a trust of such a nature, and so understood, is no light undertaking, I have for some time perceived my health particularly unequal to that service. Unable to perform the duty of attendance in the House of Commons, unsatisfied to let any personal considerations of my own (even that of health itself) interfere, however necessarily, with the services which I owed to the University and to my Country; convinced too beyond a doubt, from some experience, that my continuance in the House of Commons would produce no avvantage to either, I please myself in thinking, that I do the best service I can now do to the University, in giving them an opportunity to make a better choice; and I have therefore accepted the honour (which his majesty's goodness would perhaps have conferred on me some years ago) of being called up to the barony of my father, in the House of Lords. An honcur which I have received now with the greater willingness, because I had full confidence, that I should occasion thereby neither prejudice nor inconvenience of any kind to the University, whose interests and honour I must ever have at heart, and whose quiet and unanimity (if possible) I must therefore particularly wish preserved upon all occasions, and especially in the exercise of this great privilege, in which they have so singularly maintained an independence and dignity, so glorious to themselves, so exemplary to the rest of the nation, so truly preserving the spirit, as well as the forms of the constitution of England.
In being thus removed from their immediate service, the University, I hope, will do me the justice to believe, I can never withdraw myself from my attachments to that society. For besides personal obligations to inyself, which I must always acknowledge, I know of what consequence the University is, and ought to be, to the good order and to the constitution of my country, as well as to the enlightening and adorning it. It must therefore ever be my ardent wish to see that source of national welfare, unencumbered with whatever may interrupt the constant course of real knowledge and virtue, which attentive and sensible discipline will ever produce, and which are so essential to the honour and interest of the University, and to the service, the happiness, and the glory of the kingdom, necessarily to be derived from thence.
In any situation, I shall never lose sight of these great interests, and it will always be the highest satistaction to ine to see tbe real interests of the University pursued by themselves, and advanced by others, as it would be the greatest happiness to me to approve myself upon all occasions, their grateful servant, and their faithful friend.
With these sentiments of my heart I take my leave of the University, resigning the trust which they reposed in me, and I persuade myself that they will do me the justice to believe me, with the greatest gratitude and regard,
Their long obliged and
ever faithful servant, 1768, Sept.
XIV. Miss Talbot to a new-born child, daughter of Mr. John
Talbot, a son of the Lord Chancellor. You are heartily welcome, my dear little cousin, into this unquiet world: long may you continue in it, in all the happiness it can give ; and bestow enough on all your friends, to answer fully the impatience with which you have been expected. May you grow up to have every accomplishment, thal your good friend the Bishop of Derryt can already imagine in you; and in the mean time, may you have a nurse with a tunable voice, that may not talk an immoderate deal of nonsense to you. You are at present, my dear, in a very philosophical disposition: the gaieties and follies of life have no attraction for you; its sorrows you kindly commiserate; but, however, do not suffer them to disturb your slumbers; and find charms in nothing but barmony and repose. You have as yet contracted no partialities, are entirely ignorant of party distinctions, and look with a perfect indifference on all human splendour. You have an absolute dislike to the vanities of dress; and are likely for many months to observe the Bishop of Bristol'st first rule of conversation, silence, though tempted to transgress it, by the novelty and strangevess of all the objects round you. As you advance farther
* Upon Lord Cornbury's resignation, Sir Roger Newdigate was elected January 31, 1750. + Dr. Ruodle.