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 50,000_1_. 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.

Memoirs of Henry Hunt, Esq. — Volume 2 · 第 16 / 30 段