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PRICES of STOCKS, &c. in NOVEMBER, 1769.

. Bank India Sou. Sea: Told S.S New S. s. a per c. 1 3 per C.131 per't.13 i per C., 4 per C. 14. per. C.1 4 per C. In, Bond. Long. | Lottery Wind Weather Stock Stock Stock Ann, Ann, reduced consol. 1756.

1758. confol. 1763 Navy. Prem. Ann.

Tickets at Deal London
Sunday

S. W.

rain
162
225
86 1 Shut 87
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S. W. rain
162
221
87

WN, W. cloudy
162
223
88

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N. N. W. cloudy
162 221

88
98

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31 o
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224

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fair Sunday

S. E. fair
163 221
86

91
100

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26

S, W.

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219

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S. E. sultry 139; 217

30 o

S. W. raja 159 217

98

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W.S. W. cloudy 159.218

100

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Sunday

S. W. fair
221
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32

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762
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Sunday

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88
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87
884
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N. W. fair

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CHARLES CORBETT, at No. 30, facing St. Dunkan's Church, Flect-Street, STOCK-BROXTR, who buys and fella in the Stocks

by Commision, and transacts the Lottery Bufiness as usual. Mark-Lane Exchange Reading Basing Noke. Farnham, Henley Cambridge. York. Oloucester Hereford. Monmouth

London.
Wheat gos.od.to 17. Lol. to ulosi, od to gl. 81. os, to rol. ulos load jos to 31 qr. 345 to 35 qu 5506d butel 5s 64 burgl & 5s buth sogal Hay per load 275.60 10.,
Barley 195. od. to 18.170to 203. 133. to 195

Gala da bi la Asu!
Oais ... to yo.

Gre, to 18 1 to $75. 160 od to !911 TO 1.4

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Τ Η Ε

LONDON MAGAZINE,
For NOVEMBER, 1769.

JUDICIAL ARTICŁ E.

an

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

depending between Mr. Sir John Eardly Wilmot in the same

Wilkes and the earl of court; when after a hearing of nine T

Hallifax, having been hours, the jury, which was special, decided during the gave a verdict in Mr. Wilkes's favour course of the latt month, for 40001. greatly to the diffatisfac

account of this tion of the populace, who, on this important affair mult, we are well occafion,' 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 confifted of the action, so effential to the liberties of following gentlemen. the meaneft subject in the community, was sued out, tetted June 1, and re

George Colson Smith, of Poplar.

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

Garden. of Hallifax, being summoned, cast an

David Walker, of Kenfington, 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. essoigns expired, a diftringas was taken

Robert Hucks, of Great Rullel. out, tested May 9, and returnable

ftreet. May 27. The sheriff returns 40 s. illues; the carl does not appear ; the

Josiah Holford,of Southampton.row.

John Gould, of Hart-street. court directs sol. iflues. An alias dif

Samuel Hartley, of Lincoln's-inn. fringas is taken out, tested May 30, and returnable June 18; the theriff

Heneage Robinson, of Hackney,

Efquires. returns his issues. The earl still re

Mr. Robert Gibson, of Red-lionfuses to appear; the court orders 500l.

ftreet. issues. A pluries distringas is taken, out, tested June 22, . and returnable In the course of this decifion little July 8. In November, 1964, Mr. was remarkable but the speeches of Wilkes was outlawed, and here the Serjeant Whitaker and Serjeant Glynn, affair dropped. But the outlawry be. the firft 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 fel did not by any means attempt to on the 20th of that month, chat Mr. justify, but to extenuate, and the folWilkes might have leave to revive his lowing is the 'purport to which the cause, which was accordingly granted. gentlemen now named delivered themAnd on Friday the 10th of November, lelves 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-

Nov
Mr. Serjeant W—'s Speech.

by this Warrant, is to be considered,

and on that he is to be indemnified: TAY it please your lordship, and what favourable or unfavourable e. am counsel for the defendant, against arising from his own conduct, whether whom Mr. W— has brought this proper or improper, it does not be. action, in order to recover damages come us to conlider į as these changes for the injury he has sustained during of fortune can with no propriety an imprisonment for four days, under be attributed to the figning the an illegal General Warrant. These General Warrant, neither can an in. warrants have been declared by the demnification with any justice be demolt solemn authority, to be contrary manded of Lord H. for them. to law; my client submits himself Mr. W- voluntarily withdrew him. with chearfulness and respect to that self into France; he was not banished decision which has condemned them. by, or in consequence of, this war. There is scarce a fingle person in the rant; as my Lord H- was not the kingdom, who is ignorant of the de- cause of bis migration from this coun. termination in the courts of law in the try, ro neither did he take advantage affair of General Warrants, nor is of his absence. We might have brought there the least probability that any this suit to a very thort period, we future minister will dare to iflue theni. might have demurred to his 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 bis public.fpirited view does W-de lordship disdained to take. We waited mand a pecuniary indemnification for with patience till the outlawry was himself? Will he confider himself as a reversed; we, then hoped the cause trustee for the public? Does he intend would have been heard with all poffito 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 should give him in da. tice afterwards, by the rules of this inages. I think I see reason to doubt .court, the cause could not be heard. that he acts with ro disintereffed 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 conitant cultom 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 have compelled he expects from you will be tevied, the defendant to have waved his pri. pót upon Lord H-x's private fortune, vilege. but from the public treasury. He, There is now in court the strongeft who brings this action merely for the proof, that the defendant cannot juft. fake of the public, will take this mo iy be charged with procraitinating ney from the earnings of the indus- this trial; you yourselves, gentlemen 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 money. 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 expoled by the exercise of Gene. fuch disinteretted judges of his beha Tal 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 for Jar has received from them : in assert. account, which I thall'ettablish 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 indignant jury, as my learned brother government to animadvert upon the attempts to direct them. The diffe. authors of a political writing, and to rence ariting to Mr. W. from be. examine Mr. W- with relpect to it

, ing taken up by a Legal Warrant, or Lord H- lent a message to Mr. W

deliring

! 1769.
On a late popular Tryal

553 in defiring to speak to him; was that a his lordship's conduct; but I am per02 proof of private enmity to Mr. W-? suaded that it requires very few words ir Upon Mr. W-'s refusing to comply to convince you to what a degree it

with this mesage, it was thought extenuates the offence. What punish

proper to arrest him; but the officer ment you fall think proper to inflict i employed for that purpose was como upon his lordship, by your fine, or ra' manded to treat him with all posfible ther what damages to allot Mr. W-civility. Before it was mentioned to for his suffering, I lhall not presume Lord H - that orders were given to to suggest to you. He charges for issue a writ of Habeas Corpus, Mr. W- damage done to his house, under the was sent to the Tower. It will appear General Warrant, 40l. for breaking to you that the General Warrant was open a door, 200l. for breaking open not framed by Lord H – for the pur. bolts, locks, and escrutores, for da. pose of oppreffing Mr. W- It will mage to his library, &c. 3001. and in appear that Lord H- objected to the fome other fums, which, upon my form of it, and refused to sign it, till calculation, comes to fourteen hundred he was assured that it had been the and forty pounds; but by his, at the constant form handed down from al- end of his declaration, it comes to most 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 constitution; approved from Mr. W, 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 Gn's of commitment to the Tower, had Reply to the above Speech. been of his lord/hip’s coinage, and My lords and gentlemen of the jury, frelh from the mint; but you will find

OU have heard the argument that the latter, as well as the former, which the counsel for the defenhad 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 his warrant to exclude Mr. W—'s but not withitanding 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. Sera 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 since have With respect to the measure of daoccafioned such a change in Mr. mages, I do not defire you, gentlemen W—'s sentiments, the conduct of his of the jury, to exert a headitrong lordship was so satisfactory to Mr. blind indignation, but I affert vengeWat that time, that soon after ance on those who have injured the be was discharged from confinement, laws of your country, to be the proper he confefled that Lord H had be. object of your indignant spirits, and haved to him in a manner becoming a which call on you to make the most gentleman ; and even expresled some beral, and at the same time :he most gratitude for his lordship'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 minster-hall, and that my Lord Chief not in the least degree indebted to Juftice 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 lordship's practice of office could entirely juftify candour, for this extortion of juftice 5

by

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554
Serjeant G-n's Reply

Nov. 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 small 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 fmall 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 truft that you too will be can be found, who dare oppose them. convinced, that Mr. w-es cook selves to the forces of tyranny, and every Itep to accelerate the cause, and whose single breasts contain the spirit that L-H-X cook every poffiof nations. And it is to the high, ble step to retard the cause. After iffirm, and glorious spirits, such as Mr, fues upon islues accumulated upon him Ha—nand Mr. W-s, that the in- for small sums, my L-0H-X has 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 step 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 Englithinen, 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-H--, personal malice againft How Mr. W-es will think proper

Mr. Was 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 Tould suffer persons who have really offered no infor his misconduct,' 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. W~cs.

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 muft therefore be long and serious attention, whether either malice against W-es, or deMr. We would build a church or

praved motives against the conftitution crect 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 reinonstrated you, gentlemen, will have the honour to you by the evidence equally of deof affiting hin in the glorious work, fendant and plaintiff. and your names will be inscribed upon

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

almost inftantaneously changed, and I would not trife with your time, I he is fent with amazing expediwould not be lo insolent as to suppole,

tion to strict and close confinement in ebat a Middlelex jury would suspect

the Tower, Mr. Wb lays, such or imagine that it was for bolts, locks,

directions

given

by L-d or door's broken, that tbis action was Eg- -t in the presence of L-d brought: that such particulars were

HS -x, filent and unopposing, as estimated at 2001. others at 3001. and Thocked even him, from which conthat the liberty of Mr. Wes was to duct we must infer malice; and such be estimated at sool. The valuation malicę appears of all fizes, in the pro. of liberty is new to the law. The con- cedure of the defendant, as evince his Hitution 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 can esti- The North Briton is charged in the

ford

were

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