Part 11

Napoleon having now actually subdued and made peace with all his enemies upon the Continent, he had nothing to do but to turn his attention to the suppression of English trade; which he did by issuing decrees, declaring England in a state of blockade; which were answered by England issuing Orders in Council, for blockading all the ports of France and her allies. This was the state of England at the end of the year 1807. The average price of the quartern loaf had been ten-pence three-farthings through the year.

The year 1808 began with Napoleon making an offer to treat for peace with England. This offer was, as usual, rejected; upon which he, and the Emperor Alexander, strove with all their united might to embarrass England in all her continental connections. The secret articles signed between these two Emperors, at Tilsit, plainly indicated their intentions to aggrandise themselves at the expense of England and her allies; Russia in the north, and France in the south. The throne of Naples was now transferred to Murat, the brother-in-law of Napoleon. The Papal dominions were completely subjected to France, and the Pope was placed in confinement.

The state of Spain at that time is worthy of notice. The Spaniards were in a deplorable situation. They were governed by, or rather had at the head of the government, an imbecile monarch, Charles the Fourth, a profligate Queen, notoriously intriguing with and led by Godoy, Prince of the Peace, prime minister; while, on the other hand, Ferdinand, the heir to the Crown, who was plotting and intriguing against his father, was weak in understanding, destitute of every noble quality, and totally incapable of governing a people who were emerging from the gloom of superstition, and becoming enlightened with the age. Ferdinand having joined in a conspiracy, headed an insurrection against his father, whom he compelled to abdicate the throne in his favour. This disgraceful conduct on the part of a son to his parent, speedily met with its due reward; for he was compelled to surrender up his pretension to the throne, and resigned the crown into the hands of his father, who once more resumed the reins of government, while the beloved Ferdinand retired, loaded with ignominy.

Charles the Fourth, however, very soon again abdicated his throne, not to his son Ferdinand, but in favour of his friend and ally, the Emperor of France; and the beloved Ferdinand and his brothers issued a solemn proclamation, renouncing all right and claim to the Spanish throne. But the Spaniards were not disposed to be transferred thus, like cattle, without being consulted on the subject. A formidable insurrection broke out, at Madrid, on the second of May. The inhabitants fought with a bravery and perseverance which did them infinite honour; but, after a desperate and sanguinary struggle, they were overpowered by the numerous French army which was under the command of the governor, General Murat. Nothing daunted by this failure at Madrid, the people of the Asturias, Andalusia, and other provinces of Spain, hurried to arms, and resolved to expel the invaders, or perish in the attempt. Juntas were formed, to direct the popular efforts, eloquent and animating proclamations were issued, and every thing that the time and circumstances would permit, was done to prepare for the approaching tremendous contest.

The British Government had appeared to be panic struck by the intelligence that Napoleon had seized on Spain. It, however, in some measure, recovered its spirits, on the arrival of two Spanish noblemen, with the news that the people of Spain were determined to resist to the last; and it instantly promised the most effectual assistance to those welcome allies. All the Spanish prisoners of war were released and sent back to Spain in English ships, and a treaty of peace and alliance was made with the Spanish patriots. The merchants of London gave the Spanish deputies a grand dinner at the London Tavern, and every lover of Liberty wished the cause of the Patriots complete success.

In England, meanwhile, considerable dissatisfaction prevailed. The Lord Mayor, Aldermen, and Commons of the city of London, petitioned both Houses of Parliament for reform, and the abolition of sinecure places and pensions. The foreman of the grand jury of the county of Middlesex, in conjunction with Sir Richard Phillips, the Sheriff, petitioned the House of Commons, against the conduct of the officers of the house of correction in Cold Bath Fields, and the treatment of the prisoners confined therein. In compliance with the petition of the citizens of London, a bill passed the House of Commons to prevent the granting of places in reversion; but it was opposed and thrown out by the Lords. Petitions for the restoration of peace were likewise presented from numerous towns in the manufacturing districts of the north, which were laid upon the tables of the Houses; but no further notice was taken of them.

The disaffection which distress and misgovernment had already excited in those districts was naturally increased by this contemptuous neglect of their petitions. At Manchester there were some serious riots. At Rochdale there had been some disturbances, and some of the rioters were seized and thrown into prison; but the people rose in great force, burned down the prison, and released their associates. These misguided men had not then been taught to look for redress by obtaining a reform in the representation. Those who had urged the people on to commit depredations upon the friends of Liberty, during the early part of the French revolution, the aiders and abettors of Church and King mobs, now began to taste the bitter fruits of their dastardly and cowardly conduct. The time was not yet come, though it was rapidly advancing, when the people were to see their error, and to recover from the dreadful state of political ignorance and delusion in which they had been intentionally kept by the authorities; and the consequence was, that those who had kept them in such ignorance, and trained them to violence, found their own weapons turned against them, and reaped the reward of their own folly and baseness. The weavers at Manchester and the neighbourhood created great disturbances, on account of their wages; they endeavoured to accomplish that by force, which could only be legally obtained by an alteration of those laws, and that system, which had brought them into the dilemma. During the period of Church and King mobs, they had been taught to carry into effect the wishes of their employers by force, and they at length thought it time to set up for themselves in that trade which they had been taught by their masters and employers. Having had no one to instruct them in political economy; or advise them how to obtain, by legal means, their political rights, was it wonderful that they should resort to acts of riot to obtain their domestic rights--a rise in the price of their wages, in proportion to the rise in the price of provisions, and all the necessaries of life, which had been caused by the excessive increase in taxation?

Let it be observed here, that the maxim will always hold good, that those who are careless of their political rights will always be sure to suffer and be imposed upon in their domestic rights. Those who have robbed the people of their political liberty, will not fail to rob them of that proportion of their earnings, to enjoy which, can alone make life worth preserving. The people who do not endeavour to possess and enforce the power of appointing those who are to make the laws, by which they are to be governed, have but little right to complain, if laws are made to enrich the few at the expense of the many. They must not be surprised at combination acts, corn laws, and banishment acts. They must not be surprised, if a select few have the privilege of choosing those who are to make laws; and if the laws that are made by persons so appointed tend to benefit those select few to the injury of the whole community. The mechanics and artizans, if they have no voice in electing Members of Parliament, must not be surprised if, under the title of combination laws, they see laws made to prevent them from obtaining the fair market price for their labour, while their masters are permitted, nay, encouraged, to combine and conspire together to keep down the price of their wages. Again let me impress on the mind of the reader, that a people who are careless and negligent of their political rights, are always sure of being plundered of a great portion of what they earn by the sweat of their brows; they imperceptibly become slaves of the basest cast; and, like slaves, when they become infuriated with their oppressions, they commit the most wanton and brutal acts of cruelty, in their fits of desperation.

Britain had, as I have already stated, made peace with the Spanish Patriots, whose devotion to the cause of their country excited the most lively interest in the bosom of every friend of freedom throughout the civilised world; and the people of England, as well as the English Government, felt a sincere desire to render them every assistance in their power. I am induced to notice the affairs of Spain particularly, because it is delightful to behold a bigotted and enslaved people struggling to free themselves from the galling yoke of religious as well as political slavery. In pursuance of the resolution of the Government to give vigorous assistance, an army was sent by England, to attack the French in Portugal. This army was placed under the command of Sir Hugh Dalrymple. On the 21st of August 1808, the French troops under General Junot were routed by the English, at the battle of Vimiera. So complete was this victory that it was expected the French general must have surrendered the remains of his army as prisoners of war; but, while the people of England were looking with anxiety for this event, their hopes were suddenly blasted, with the news of the Convention of Cintra; by which Junot had prevailed upon the English Commander, Sir Arthur Wellesley, who negociated the terms of the Convention, not only to permit the French troops to retire from Portugal with all the honours of war, but actually to engage to provide a passage for them in English ships. This news caused a universal expression of disapprobation of the conduct of the English Commander, and meetings were held to petition the King, for an inquiry into this disgraceful transaction.

The disgrace of General Whitlocke, which had been inflicted upon him so recently, by the following sentence, it was hoped would have so operated upon British military officers as to have prevented the recurrence of such infamous conduct. His sentence was delivered on the 18th of March, in the following terms: "The Court adjudge that the said Lieutenant General Whitlocke be cashiered, and declared totally unfit and unworthy to serve his Majesty in any military capacity whatever." The principle upon which the law inflicts punishments is an example to deter others from committing the same offences. But it is a melancholy fact, that even capital punishments will not deter the hardened thief. As it is frequently the case that pickpockets are detected in the act of robbing at the very moment that one of their own fraternity is being launched into eternity, at the Old Bailey; so it appears that the punishment of General Whitlocke had very little effect upon the conduct of these heroes of Cintra.

The Lord Mayor and Common Council met and petitioned the King for an immediate and rigid inquiry into the conduct of those who made what was generally considered a disgraceful treaty; a compromise of the honour and character of the country. The King returned an equivocal answer. A public county meeting of the freeholders of Hampshire was also held, at Winchester, called by the High Sheriff, in consequence of a requisition signed by the aristocratical Whigs of that county, to address the King, upon the same subject. Mr. Cobbett, who had bought an estate and lived at Botley, attended this meeting, and in an address, replete with good sense, sound argument, and correct principles, moved an amendment to the resolutions proposed by Lord Northesk, and seconded by Mr. Portal, of Frifolk, two of the old Whig faction. The address to the King, which Mr. Cobbett moved, was seconded by the Reverend Mr. Baker, (quere, is this the Parson Baker of Botley?) A Parson Poulter, one of the Winchester "cormorants," moved an adjournment; arguing that the address was not necessary, as the King had given an answer to the Corporation of London. This amendment was scouted by an immense majority, not above ten hands being held up in its support. Upon a show of hands upon Mr. Cobbett's amendment to Lord Northesk's resolution, the Sheriff declared it to be so equally balanced that he could not decide which had the majority, and a shuffle was resorted to; Mr. Cobbett, being a young hand at these meetings, was not aware of the tricks of the Whigs. The Sheriff proposed that all parties should proceed into the open Hall for a division; but, as soon as a considerable number of those who had voted for Mr. Cobbett's amendment had retired into the open Hall, the cunning Sheriff caused another division in the Court, and declared the question to be carried by a majority in favour of Lord Northesk's address, which was accordingly presented to the King. This appears to have been the first effort of Mr. Cobbett at a public county meeting, and a very successful effort it was, as far as it consisted in ascertaining the real opinion of the freeholders of the county of Hants. At this meeting Mr. Cobbett proved that he was not only a good writer, but that he was also a very eloquent speaker; and a great majority of those who listened to him were evidently in favour of his address, which was much more to the purpose than that proposed by Lord Northesk. I had read the Weekly Political Register from its commencement with great pleasure, but the account of this meeting caused me to feel an increased desire to become better acquainted with the author. No occasion, however, of that sort offered for some time to come.

Previously to this period I had been living alternately at Bath and Sans Souci Cottage, in Wiltshire. When I was at the latter place I enjoyed incessantly the sports of the field. When at Bath, I frequently met and encouraged the young freemen of Bristol, to take up their freedom by means of weekly subscriptions, a considerable number having already procured their copies as certificates, in this way. The authorities, as they are called, or, in more intelligible terms, the leaders of both factions in the Corporation, the Whigs and the Tories, had their eye constantly upon me. I was regarded as a very suspicious personage, for meddling at all in their affairs; but I kept quite clear of both sides, and only mixed occasionally with the people; for I had promised the young freemen that, whenever there was a dissolution of Parliament, or a vacancy, I would offer myself as a Candidate for the representation of their city, unless some more eligible person could be found, who would honestly oppose the intrigues of both the juggling parties--the White Lion and Talbot clubs, the former of which supported the ministerial, and the latter the opposition faction.

Some time in the month of September the Emperors Napoleon and Alexander met at Erfurth, where they jointly offered to treat for peace with England; but these pacific overtures were, as usual, rejected by the British ministers. The whole force of Great Britain appeared to be directed to assist the Spaniards for the purpose of driving the French troops out of Spain, to accomplish which object a British army, under Generals Moore and Baird, was sent to that country, which now began to be devastated by a war between the partizans of England and France. On one side, that of the English, were ranged the pride of the old grandees, the arts and prejudices of a cunning and intelligent priesthood, and the intolerable stupid superstition of the most ignorant and priest-ridden part of the people. On the other side, there was a small party of the more liberal minded, who supported the French, because they had abolished the Inquisition, and all the old monastic humbug with which the country had been cursed for so many ages. Joseph Buonaparte, who had been made King of Spain, but who had been obliged to retreat from Madrid, was now restored by Napoleon, who entered Spain at the head of the French army, defeated the Spaniards in many engagements, and finally became once more master of the Spanish capital, where he reinstated his brother Joseph as Sovereign, that monarch having transferred to Murat, his brother-in-law, the throne of Naples. The Parliament of England had voted an army of 200,000 men for the land service, besides 30,000 for the marine; and fifty-four millions were voted out of John Bull's pocket for the supplies; and a subscription to the amount of 50,0001. to assist the Spaniards, was raised in London, in addition to the formidable regular force. The militia consisted of upwards of 100,000 men.

In the midst of this mad career and profligate expenditure, trade continued to decline, and the manufacturers were in the greatest distress. To appease the enraged nation, a sham court of inquiry was ordered by the King to assemble at Chelsea, under the pretence of an investigation into the Convention of Cintra; but this was so barefaced a job that it deceived nobody.

I have given a brief outline of the political state of the country, in the year 1808, before I enter more immediately upon my own domestic history, which, at this period, was become considerably mingled with politics and public affairs. I had quitted the large farm which I occupied at Chisenbury, and had built myself a sporting cottage upon my own estate at Littlecot, in the parish of Enford, which I called Sans Souci Cottage, from its situation resembling the description given of Sans Souci, the retreat of Frederick the Great, King of Prussia. Here, as I have already hinted, I devoted the summer and autumn to the sports of the field, particularly shooting, of which I was passionately fond, and which this country afforded in the greatest perfection. Having a house at Bath, which was occupied, I furnished it from the house which I had quitted at Clifton, and at Bath I spent the winter months. The liberal principles which I at all times evinced, were by this time too notorious to escape the attention and hatred of the Tory gentlemen of that part of the county of Wilts in which I resided. There had, in fact, always been amongst them a conspiracy against me, ever since I had quitted the Wiltshire regiment of yeomanry cavalry, and challenged Lord Bruce, the Colonel. But my calling on the county members to explain their parliamentary conduct; and my doing this publicly, when, on the dissolution of Parliament, they offered themselves for the representation, had greatly added to the antipathy which the Tories had before evinced against me; and it was determined that I should be put down, by the lords of the soil, who surrounded my property at Enford.

My old friend Astley, of Everly, was at the head of this worthy band, and he was the first to commence operations, by bringing an action of trespass against me in the name of one of his tenants. This was, in truth, his second trick of the kind; he having, soon after I quitted his troop, brought a similar action against me, in the name of one of his tenants, who keeps the Crown Inn at Everly, and who rented a farm of him. I defended that action, and pleaded in justification a licence; meaning, that I had leave of his tenant to sport over his land; but his attorney, who was a flat, carried this suit into Court, under the idea, that I justified upon the ground of having taken out a game licence. The fact was, that this was a quibbling plea, suggested by my attorney, and it succeeded; the bait took. When we came into Court they easily proved the trespass; and when they had gravely done this, I called two witnesses, who proved that the tenant had not only given me leave to go over his land, but had even invited me to do so, as his adjoining neighbour. Upon this the plaintiff, my worthy neighbour Astley, was nonsuited. I believe that I employed Mr. Pell, the present Mr. Sergeant Pell, and I believe, too, this was the first single brief he ever had upon the western circuit.

To beat my rich and powerful neighbour Astley, in a court of justice, although he had got a rare packed jury for the occasion, I considered as a great victory. On the next occasion, however, his attorney took care to be safe; for he brought the action in the name of one of the squire's mere vassals, a farmer of the name of Simpkins, who at that time was obliged to say or do any thing and every thing that he was ordered. I suffered judgment to go by default, and a writ of inquiry was executed at Warminster, to assess the damages. One witness was called, merely to prove the trespass; and he swore that I had been six yards off my own open down land, upon that of his master, Simpkins, which adjoined it.

When the writ of inquiry was executed, I attended at Warminster in person, and this I did in consequence of having discovered, that there was a conspiracy against me amongst the neighbouring aristocrats, who, as I had ascertained, had made a common stock purse, in order to defray whatever expenses might be incurred in carrying on actions or prosecutions against me. I became acquainted with this fact in a very curious way. This junto of conspirators against the quiet and fortune of an individual had given a general retainer to Mr. Burrough, the counsel, the present Judge Burrough, who had, over the bottle, to an acquaintance of mine, who had been dining with him, slipped out this curious secret, intimating that his clients were so rich that they were sure to ruin me with expenses, even if I gained two out of three of the causes against me. My acquaintance having communicated to me this detestable plot, I made a solemn resolution to become my own advocate, let whatever actions might be brought against me. And now, for the first time in my life, I began to cross-examine a witness. That witness was Simpkins's shepherd, the only witness called by Astley's attorney. Upon his being asked by me, whether there was any boundary between Simpkins's down and mine? he answered, no; that there might be some old bound-balls at the distance of half a mile apart, bound-balls that might have been thrown up many hundred years back. He admitted that, at the time when the trespass to which he swore was committed by me, from two to three hundred of his master's sheep were grazing over the mark upon my down; that this was frequently the case either way between neighbours' sheep on the open downs in Wiltshire, and that it could not be well avoided. Upon my asking him what damage I had committed upon his master's land, the fellow grinned, and replied, "damage, Sir! why, none at all, to be sure:" being still further examined, he said that I had not done sixpenny worth of damage, that I had not done a farthing's worth, nor the thousandth part of a farthing's worth of damage, for it was impossible to do any damage if I had walked there for a month. This the fellow stuck to in his re-examination; and he being the only witness, and that witness called by the plaintiff, it struck me that it would be impossible for honest jurymen to give any damage, they being bound upon their oaths to assess the damages agreeable to the evidence. It was an intelligent jury, and in my address to them, I appealed to their honour, as men of character, whether they could conscientiously give a verdict of any damage, when the only witness called swore that there was not a thousandth part of a farthing damage done? I told them, that I believed a verdict of no damages would bring an additional expense upon me, as the Courts might set it aside; yet I would on no account wish them to violate their oaths to save me an expense; and I called upon them to discharge their duty conscientiously and manfully, let the expense fall on whom it would. The Under Sheriff, before whom the inquest was held, did every thing that man could do to prevail upon the jury to return a verdict of a farthing damages, contending that they must return a verdict of some damage. The foreman very sensibly remarked, "if you have called a witness who has sworn that there was not the smallest particle of damage done, how can we, upon our oath, say there was some damage?" The jury retired for half an hour, and returned a special verdict of "no damages."

This verdict I considered as another victory over the leader of the stock purse subscription. A motion was, however, made in the Court of King's Bench, for a rule to shew cause why this verdict should not be set aside, and a new writ of inquiry held to assess the damages. This rule was instantly granted by Lord Ellenborough. Upon my receiving notice to shew cause, as it was a mere point of law to be argued, I gave instructions to my attorney to employ my friend Henry Clifford, to oppose the rule. The motion came on in the Court, and Mr. Clifford argued that unless they had violated their oath, the jurors could not possibly come to any other conclusion. As they were sworn to assess the damages agreeable to the evidence, and as the only witness called had sworn that there was not the thousandth part of a farthing damage done, how could a conscientious jury give any damage? It was merely contended, on the other side, that I had admitted the trespass, by suffering judgment to go by default; and therefore the jury were bound to give some damage. In this wise and just doctrine Lord Ellenborough, and his brethren upon the bench, fully and unequivocally concurred; and his lordship was quite severe upon Mr. Clifford, and wondered how, as a lawyer, he could have the face to argue to the contrary. The Court consequently ruled, that a new writ of inquiry should be issued to assess the damages; the plaintiff first paying the costs of the former writ of inquiry, and this application to the Court.

I was now served with a notice, that the writ would be executed at Devizes, at seven o'clock in the evening, on the third day of the sessions, and that counsel would attend. I merely said to the attorney, who served me with the notice, "well! if the Court of King's Bench has so ruled it, so it must be." The sessions arrived; the third day came; and, as I did not appear in the town, it was generally understood, amongst the barristers and attorneys, that there would be no sport, as I should make no attempt to obtain another verdict, in opposition to the opinion of the Court of King's Bench.

The magistrates, counsel, and attornies had all taken their dinner and were sitting very snugly enjoying their wine, when the Under-Sheriff, with an attorney of the name of Tinney, of Salisbury, whom he had employed to preside for him, retired to the Court, to hold the inquiry, intimating at the same time to their guzzling companions, whom they left enjoying their good cheer, that they should very soon rejoin them, as they should dispatch the affair in about half an hour. They sent word to Mr. Casberd, their counsel, that they would send for him as soon as their jury were sworn; Mr. Tinney informing him that his attendance would be required only for a few minutes, as it would be a matter of form, merely to prove the fact, and direct the jury to give a shilling nominal damages.

This was the Michaelmas sessions, 1807. I was residing at Bath at that period, and having taken an early dinner I got into my carriage, at half past four o'clock, with my son, then about seven years of age, and desired the post boy to drive to Devizes. When he came to the turnpike, at the entrance of the town, he inquired if he should drive to the Bear? I told him to drive me to the Town Hall. When I reached that building, I stepped out of the carriage, and, with my son in my hand, I walked into the Court, to the great astonishment of as snug a little band as ever assembled to perform such a little job, to assess damages upon a writ of inquiry. The Sheriffs deputy's deputy, Mr. Tinney, had taken his seat upon the bench; the jury were in the box, and the last man of the jury was just about to kiss the book, when I begged the officer to repeat the oath once more, deliberately, before the juryman was sworn. He did so, as follows--"You shall well and truly try, &c. &c. and a true verdict give according to the evidence." Mr. Casberd, the counsel, had arrived in the interim, and was adjusting his wig. These, together with the plaintiff's attorney, and about a score of the inhabitants who lived in the immediate vicinity of the Hall, formed as pretty a select party for such a job, as ever was assembled upon any occasion.

The execution of this new writ of inquiry had created a considerable sensation in the town, and the rehearing of the famous cause, which had produced a discussion in the Court above, had excited a considerable interest amongst the gentry of the profession; but as it was understood that I should not attend, and that it would go off, as a matter of course, undefended, or at least unresisted by me, the interest that it had at first excited had completely subsided, and if I had not come it would have been, as Mr. Tinney had anticipated, over in ten minutes. But the news of my arrival spread like wildfire, and the bench was instantly crowded with magistrates, the green table with counsel and attorneys, and the whole Court was crammed as full as it could hold.

Instead of the usual course being followed, by the counsel for the plaintiff opening his case, the Jury and the Court were favoured with an address from the chair, by Mr. Tinney, who acted as sheriff. In the most unfair and unjustifiable manner he informed them, that the same writ of inquiry had been executed once before, and that the defendant had prevailed upon the jury to give a verdict which was not warranted by law; that the Court of King's Bench had set that verdict aside, and Lord Ellenborough had ruled, that, as the defendant had suffered judgment to go by default, he had admitted the trespass, and therefore the jury were bound to give some damage; and he cautioned them not to listen to any thing I might say to the contrary, and told them that when they had heard Mr. Casberd, they would give nominal damages.

I listened to this pretty prelude with great unconcern, and without offering the least interruption to the speaker. Mr. Casberd now began to address them, and very properly said, that the sheriff had left him but little to do, as he had explained to them the nature of the duty they had to perform. He, however, went over the same ground, and strongly urged them not to be warped from their duty, by any thing I might say. At this period I strongly suspected I should have no defence to make, that they had been advised not to call any witnesses, that they meant to rely upon my having suffered judgment to pass by default, and, on that ground, to call on the jury to give merely nominal damages. But my suspicions were soon removed by the learned counsel saying, that he should call one witness, merely to prove the fact of the trespass, and that he should then claim a verdict of some damages from their hands, as it had been ruled by the Court above, that the jury must give some damages, the defendant having suffered judgment to go by default, and by so doing admitted the trespass.

My old friend, the shepherd, was now called, and sworn; and having deposed to the fact, that on such a day of the month, he saw me six yards upon the down of his master, Mr. Simpkins, he was told that he might withdraw. This he was hastily doing, when I hailed him, and desired him to honour us with his company a few minutes longer, as I wished just to ask him a question or two. The impartial judge, Mr. Tinney, said he should protect the witness from answering any improper questions. In reply to this very acute remark, I observed, that it would be quite in good time to do that when any improper question was put. After a great deal of squabbling with the worthy judge upon this occasion, I got the worthy witness, although he had been well drilled, to admit that he had sworn at Warminster, that there was not the thousandth part of a farthing damage done by me in walking six yards over his master's down. This, he at length admitted to be the fact, and that no damage whatever was done.

In a speech, which took up about an hour, I now addressed the jury, all the individuals of which were perfect strangers to me; and I strongly urged them to give a conscientious verdict, agreeable to the oath they had taken, and to assess the damages according to the evidence which they had heard. During this address, I was repeatedly interrupted by Mr. Tinney, who presided; but when I concluded, after having made a forcible appeal to their honour as men and as Englishmen, there was, on my sitting down, an universal burst of applause, upon which, Mr. Deputy's deputy ordered the officers to take all the offenders into custody. This impotent threat caused an universal laugh, and the enraged and mortified judge proceeded to sum up, as he called it, in a fruitless and weak, though laboured attempt, to refute what I had said in my address In fact, he acted as a zealous advocate for the plaintiff, or rather as a stickler for the absurd rule of court, to make the jury give a verdict of damages, notwithstanding the only witness produced, swore, that there was not the thousandth part of a farthing damage done.

The jury turned round, and were about to consider their verdict, but Mr. Deputy's deputy peremptorily ordered them to withdraw, to consider their verdict. I expostulated against this; and while the discussion was going on, the foreman of the jury said, they were unanimous in their verdict, which was that of "NO DAMAGES." This enraged Mr. Deputy to such a degree, that he exposed himself to the ridicule of the whole Court; he insisted upon their withdrawing to reconsider their verdict, said that he would not accept any such verdict, neither would he record it, and he peremptorily ordered the officer to take them out, that they might reconsider it. Several of the jury had got out of the door, and all of them were removing but one old gentleman, who sat very firmly upon the front seat, and never offered to rise. The officer with his white wand tapped him several times upon the shoulder, and desired him to withdraw. The old man, whose name was DAVID WADWORTH, a baker of the town of Devizes, answered each tap with "I sha'nt." Mr. Deputy's deputy now rose, and with an affected solemnity, ordered the old man to withdraw, and reconsider his verdict. He replied, "I sha'nt reconsider my verdict! I have given one verdict, and I sha'nt give any other!" Deputy.--"You have given a verdict of NO DAMAGES, which is contrary to law, and which I will not receive; therefore go and reconsider your verdict, for I insist upon your giving some damage." The reader will easily conceive that I did not hear this in silence; I exclaimed, "For shame! what a mockery of justice!" Mr. Deputy threatened; I smiled a look of contempt and defiance. Mr. Deputy turned round to the officer, and peremptorily ordered him to turn the old man out; and he began to follow his instructions, by taking him by the collar. The old gentleman, however, was not to be trifled with, for he sent the officer with his elbow to the other end of the jury-box, and exclaimed, "I won't go out; I won't reconsider my verdict." Deputy.--"I will have some damage, if it be ever so small." Old man.--"I won't give any damage. Why, did not the shepherd swear there wa'n't a mite of grass for a sheep to gnaw? Then how could there be any damage? T'other'em may do what they like, but I won't stir a peg, nor alter my verdict. I won't break my oath for you, nor Squire Astley; nor all the Squires in the kingdom."