de adminiftration of juftice to be totally d out of the minds of judges and jury; try muft be blind, deaf, and dumb to every thing but the evidence before them; try muft diveft their minds of whatever papers may influence them; I fpeak for elf; I have not read three papers abat it, and I never do about any thing; I keep my mind free for every thing that may come before me of that kind: be fure, there has been, with regard to the plaintiff, a neceffity for me to read and look into the law; with regard to any thing elfe, I never fuffered myself to be biaffed or affected by the reports or reading of fuch papers or pamphlets, as are wrote with an endeavour to pervert juftice. Much has been faid upon both édes, which does not particularly apply to this caufe; in direct terms, it is the evidence, and propriety of what aris neceffarily and immediately from the evidence, that you are to form your judgment upon.

Now, gentlemen, in the first place. it appears moft clearly that the plaintiff has been taken up unlawfully, has been imprisoned seven days, has had his papers rifled, examined, and feized, that thofe papers have been likewife improperly and illegally taken notice of, and by the letter that has been read to you, appears that fuch of them as could not tend to prove the charge against him would be returned, and juch as would prove him guilty would not; that he has had thefe papers taken from his houfe without the leaft pretence of right whatever. As to the declaration, gentlemen, that is nothing in regard to breaking locks and doors, in all thefe kinds of things; they are only formal words; the damage upon them is nothing; the damage is for the unlawful imprifoning him, and taking his papers without a proper authority; and there has been a molt plain, grofs injury done him, and it is plainly and grofly a violation of the laws. You are not, in afcertaining the damages, to turn your eyes upon the broken locks and doors, mentioned in the declaration; the fpirit of the thing is for feizing his perfon, and confin ing him feven days, and for unlawfully keeping his papers. Another fact is proper to be confidered; the manner of doing it: it has been proved to you, that, with regard to fending him to the

Tower, and committing him close prifoner, there has been an order in the warrant directing him to be kept clofe prisoner; there has been a direction given by Lord E--, in the defendant's prefence, a verbal order, not to admit any body to fee him, which is a thing extremely unlawful. There is another thing mentioned with regard to the change of cuftody: as to that I own there does not feem to me to be that difference contended for; it appears that the plaintiff was taken up and brought to the defendant, and that there was an Habeas Corpus applied for, but then it was applied for improperly, and therefore cannot be confidered as evidence before you. I do not fee (but that must be for your confideration) that any manner of oppreffion from the changing of the cuftody, appears from the evidence before us. It does not appear that the fecretary of state knew that the Habeas Corpus was applied for, before the warrant for fending him to the Tower was prepared and figned. It does not appear that they knew it, from any thing I can fee; they beft know whether they did or not. There was fome hurry about it, but I do not fee any thing has been proved of any intention to opprefs the plaintiff, because they did not know, at the time they figned the warrant, that the Habeas Corpus was applied for; there must be some miftake about that, as it did not come to the defendant's knowledge. You know very well I never give myself the liberty to inforce words, but give them you precisely; you are to confider the evidence, and to judge whether or not you think that this cuftody was changed by the fecretaries of ftate, with an intention to injure the plaintiff: if fo, it would be an aggravation of the illegal treatment. As to his being ill-treated, upon my oath I cannot fay I fee any fort of ill ufage; there does not feem to be the leatt ill ufage designed him; there does not feem to be any aggravation arrifing out of this matter. Upon the contrary, according to one of the witneffes, the plaintiff fad the defendant behaved like a nobleman, and he should always refpect him for it, upon the evidence I do not find that change of cuftody was meant as an aggravation.

Now, Gentlemen, with regard to the proof before you, as I told you before, you are the only proper judges; as to

the

the giving these orders, and the conftruc- tention. You find he applied, from time tion of them, it must be observed, that as to time, to the lawyers of the crown, and foon as it was known that his friends referred to them, and fent to them upon were not to see him, Mr. W. did every thing that happened, for their diendeavour to rectify it. It appears up-rection: and the fecretaries were both very defirous of doing right, and afing according to the direction of thofe that are beft able to advise them; therefore I fay, that is a material part of this caufe in extenuating, or diminishing the dama ges which the plaintiff muft recover in this action. With regard to the words clofe confinement in the Tower, it appears, that, even for libels, it has been ufual to infert these words. It clearly does not draw that part of the fting of the caufe out, because the secretaries put their own construction upon it; they accompany it with verbal orders that they fhould not admit any body to see the plaintiff. It is a great point in this caufe, and would tend to the aggravation of the damages, if it had been really and truly a thing maliciously intended, in the first formati on of the warrant against the plaintiff; then what arifes has been told you at the bar, that the law always implies illegality, but as to any perfonal malice, I fee none. As to any intention of fubverting the laws and liberties of the people, I e none; but the proceeding was in course o office, in the manner found precedented; however, in regard to that part of the defence, it is material to obferve, it was illegal; and upon the whole you must find a verdict for the plaintiff; and give him fuch damages as, under all the circumitances of this caufe, you shall be of opinion he is intitled to, and I will go further, you are not to be confined to the feven days imprisonment and the feizure of papers, but you are to give him liberal damages. I do not mean when i fay liberal what the law implies exceffive. Exceffus in jure reprobatur. The law always condemns excefs; it must be within the rules of reafon; the particular circumftances of the cafe are to govern it, and, as near as you can, you are to give that fatisfaction and compenfation which muft bear a proper proportion to the injury that has been received, under all the circumstances; and therefore you will, upon the whole, take the matter into confideration, and find a verdict for. the plaintiff, and give him such damages as you think he ought to receive for the injury committed.

on evidence, that, from the beginning of his knowledge of that tranfaction, he took all the pains he could to rectify it, and get the verbal orders relaxed, upon which he applied to the defendant, and he fent word that the plaintiff's friends might fee him; but as to the behaviour throughout, it is nothing at all to this caufe, as they had not a proper authority for detaining the plaintiff, therefore the point for you to confider is, whether the evidence that has been laid before you, on the behalf of the defendant, does not, in a great measure, draw out the fting of this warrant. With respect to the warrant, if the defendant had invented this warrant himself, if it had been the first iffued out of his office, it would have been a prodigious aggravation; but you fee from the evidence, that has been laid before you, that there has been an illegal courfe of office established from before the time of the Revolution to this time, that it has been animadverted upon in the feveral courts of justice, and thefe kinds of warrants have been iffued; and, therefore, whatsoever error this gentleman may be guilty of, it must appear he was a gentleman not acquainted with the law, and adopted this ftrange rule; if he has erred, he has erred with all the fecretaries of ftate from that time. In regard to this, it has been adopted by those who have been as great friends to the laws of their country as any men could. The fecretaries of state are not bred to the law, and find in their office a course of General Warrants. Surely it would be a most unneceffary act of injuftice to confider, and to treat this as an unprecedented act of oppreffion; it would be unjust, because there is a moft effential and material difference; and you fee further, that even when thefe gentlemen did ftart at the warrant, that the law officer, that is, the folicitor of the treafery, there prefent, faid, "That is the courfe of office; it has always been granted fo; we are right in the thing; I will confent to no innovation." Has there been here any intention of this noble lord to fubvert the liberty of the people? From the evidence there does not appear to be any fuch in

Copy

Copy of a Letter from Lady Mary Wortley Montague, never before printed.

Vienna, Sept. 8, O. S. 1716.

To Mrs. S. C.

Otwithstanding, my dear S. I am

and relate every agreeable novelty of this city, I must weary you, and prove myself a ridiculous retailer of stuff. The third day after my arrival, I paffed at Baden, famous for its warm baths, where both fexes float promifcuoufly in the fame wa

Naived here, after a molt fatiguing tex, and divert themselves with eating

journey, I cannot forbear telling you I am well. How often I lament your fears of disobedience, and the cares of your relations, depriving me the pleasure of your company, and you the enjoyment of fo many novelties!-I dropped you a letter from Nimeguen, in Auguft, where, with truth in defcription, I wished to make you envy me, who envies your company. I fuppofe you still expect great things from me, though you are abfolutely fo lazy, as not to tell me the common occurrences amongst our friends; but though this appears too plainly the cafe, I must not retort filence, though I am ever fo angry.-Our paffage from Ratisbon to Vienna was by water, and more rapid than a coach and fix; we perfectly few from villa to city, and with every convenience of a houfe. The Danube, in her variety of beauties, as much furpaffes your Thames, as the rivers in Homer do the dulleft geographer. Hampton, Richmond, and Piercy-lodge, would be loft amongst fuch fuperb pala- It was whispered me, as a holy fecret, ces, and rural retreats : the banks of the "that the brazen Virgin fpoke on the Danube being moft pleasingly diverfified," erection of the pillar," promifing her with mountains, vineyards, rocks, woods, protection for the "honour done her."awful remains of mighty cities, nodding I will leave you to defcant on this fupercaftles, and yawning pieces of priestly ftition, being refolved to relieve my dear pride.-I muft tell you the odd method S. with your's, &c. &c. the country people have of taking fish: the ebbing of the lake is fignified to the prafants by a bell, who never fail to be ready, above an hundred of each sex running promifcuoufly in the water, as naked as our primitive The decent part of the parents have enmore voured to fupprefs a cuftom fo degagée, on account of a convent, from whence the ftudents are allured, in fpight of homilies penance, to enjoy fo fingular a fpectacle. I muft own it had a certain effect on me, but I found it neceffary, as a traveller, to be perfectly reconciled to the different manners of the countries we paffed through. Now I am arrived at Vienna, to be fure you expect a multiplicity of frange things, and yet you muit forgive me, if I deviate from regularities; for, was I to commence hiftorian,

fweetmeats, or making love. There are feats in the baths for the conveniency of the bathers, where they enjoy a kind of coffee-house converfation: the bathing cloaths are linen, and cover the whole body, and fome fo truly fine, as even to reveal, what decency would wish to hide: thofe of the women have lead at the bottom to keep them down, and prevent buoyant revelation; but although flannel indecencies are common in England, yet their retiring to private apartments with stoves leading from the bathis, is much fuperior to your being buffell'a up ftairs by two men in a leather tub; for here, they drefs and undress with pleafure apart.-Though you are fo weary, I fhall not conclude without one ecclefiaftical obfervation to your brother. In the bof or area facing the Jefuits college, is a brazen pillar, dedicated to the bleffed Virgin, the image of her a masterly execution, and though exposed to the inclemency of the weather, retains its luftre.

and

Jan. 1770.

Frances, ber Letter to Junius, in Defence of the Duke of B-f-d, with Junius's Reply.

SIR,

own

O&. 14.

convinced, as I ot

Perfectly colit te enter the lifts, of ufe my pen, against the two-edged fword that glitters in the hand of Junius, nothing but my being impelled by that uncommon kind of gratitude, which makes us not only thankful for benefits received, but inclines us to love and refpect our benefactor, could tempt me forth to fo unequal a combat, or prevail on me to offer even a fact to the public, through fuch a channel as our news-papers.

Let my motives then plead my excuse, while I reply to the charge which appears most difficult to be cleared, because it is

E

moft

I very fincerely applaud the spirit with which a lady has paid the debt of gratitude to her benefactor. Though I think the has mistaken the point, the fhews a virtue which makes her refpectable. The question turned upon the perfonal generolity or avarice of a man whole private fortune is immenfe. The proofs of his munificence must be drawn from the ufes to which he has applied that fortune. I was not fpeaking of a Lord Lieutenant of Ireland, but of a rich English Duke, whofe wealth gave him the means of doing as much good in this country as he derived from his power in another. I am far from withing to leffen the merit of this fingle benevolent action;--perhaps it