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danger witnessing his innocence, his punishment of the rack was changed into that of perpetual confinement and labour in the mines of Idra ; a sentence, in my opinion, a thousand times worse than death. As Alberti was giving me this account, a young woman came up to him, who at once I saw to be born for better fortune; the dreadful situation of the place was not able to destroy her beauty; and even in this scene of wretchedness she seemed to have charms to grace the most brilliant assembly. This lady was in fact daughter to one of the first families in Germany, and having tried every means to procure her lover's pardon without effect, was at last resolved to share his miseries as she could not relieve them. With him she accordingly descended into these mansions from whence few of the living return; and with him she is contented to live, forgetting the gaieties of life; with him to toil, despising the splendors of opulence; and contented with the consciousness of her own constancy.
My last to you was expressive, and perhaps too much so, of the gloomy situation of my mind. I own the deplorable situation of the worthy man described in it was enough to add double severity to the hideous mansion. At present, however, I have the happiness of informing you, that I was spectator of the most affecting scene I ever yet beheld. Nine days after I had written my last, a person came post from Vienna to the little village near the mouth of the reater shaft. He was soon after followed by a second, and e by a third. Their first inquiry was after the unsortunate Count, and I happening to over-hear the demand, gave them the best information. Two of these were the brother and cousin of the lady, the third was an intimate friend, and fellow-soldier to the Count: they came with his pardon, which had been procured by the General with whom the duel had been fought, and who was perfectly recovered from his wounds. I led them with all the expedition of joy down to his dreary abode, and presented to him his friends, and informed him of the happy change in his circumstances. It would be impossible to describe the joy that brightened upon his grief-worn countenance; nor was the oung lady’s emotion less vivid at seeing her friends, and }. of her husband's freedom. Some hours were employed in mending the appearance of this faithful couple, nor could I without a tear behold him taking leave of the former wretched companions of his toil. To one he left his mattock, to another his working-clothes, to a third his little household utensils, such as were necessary for him in that situation. We soon emerged from the mine, where he once again revisited the light of the sun, that he had totally despaired of ever seeing. A post-chaise and four were ready the next morning to take them to Vienna, where I am since informed by a letter from himself, they are returned. The empress has again taken him into favour, his fortune and rank are restored, and he and his fair partner now have the pleasing satisfaction of feeling happiness with double relish, as they once knew what it was to be miserable.
XII. Justinian Pagitt to Dr. Twysden, Chancellor of the Diocese of Litchfield and Coventry, on some remarkable Trials in the Star Chamber.
WoRTHY SIR, Lincoln's Inn, Nov. 1618.
I HAVING been present at the proceedings in three very remarkable causes this term, and conceiving that a relation thereof may be welcome to you, do here present them, with myself, to your kind acceptance, as sure and legal testimonies of the continuance of my due respects unto you. The first of these was in the King's Bench; the other two in the Star Chamber. 1. In the King's Bench, one Arthur Chwhoggen was attainted of high treason, viz. for saying in Spain, “I would kill the King of England, if I could come at him;” which was testified by the oaths of two gentlemen, besides others that justified it, from the several relations of other men. For farther probability of his malicious intent, the officers that apprehended him at his lodgings in Drury-Lane, London, did depose upon oath, that then, when they told him he was the king's prisoner, &c., he bit his thumb, saying, “I care not thus much for your king.” Where Mir. AttorneyGeneral observed, that in Spain the biting of the thumb is a token of scorn and disdain in the highest degree, and will bear an action of disgrace in Spain, as spitting in one's face will in England. And I hear, that after he wis condemned, the judges sent the sheriff to him, to know of hun, whether he could allege any other colourable intent of his coming over; but he gave no satisfaction in that point. He was hanged, drawn, and quartered, the 27th 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 censured, 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-General was retained for one Philip Bushin, relator, against five several defendants, whereof two were o and no prosecution against them. o The others were Dominick Sarsfield, Wiscount Rosenbery, 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, indict, 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 o: In particular, Philippilsworth, was censured,for that he being a juror, did say, that rather than he would be fined and imrisoned, he would find the prisoner guilty, though he were #. 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 i. 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, he 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 W1tneSSes. 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 they expected a miracle from Heaven, such as happened 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 had committed.
2dly. For that when two of the petitjury 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 o 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 man 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 fine is 2000l. to give damages 200l. to be deposed from being a judge, and imprisonment according to the course of the court. Aud moreover, the archbishop of Canterbury censured him guilty of wilful murder. They
rounded this their censure upon all the facts alleged, to É. 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,
JUST. PAGITT. 1767, Dec.
XIII. Lord Cornbury to the Vice-Chancellor of Oxford.
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