MEMOIRS OF JOHN HORNE TOOKE, INTERSPEnSED WITH ORIGINAL DOCUMENTS. BY ALEXANDER STEPHENS, ESQ. OF THE HONOURABLE SOCIETY OF THE MIDDLE TEMPLE. IN TWO VOLUMES. VOL. I. — — " Nam diviiiarum et foroiJE gloria fluxa Atque fragilis est: virtus clara ^ternaqiie habetur." Sall. Bel. Catalinar. cap. I. LONDON: PRINTED FOR J. JOHNSON AND CO., ST. 1'aul's church-yard. 1813. Printed by C. Wood, Poppin's Court, Fleet Street. V.I TO THE EARL OF MOIRA, K. G. GOVERNOR-GENERAL OF INDIA, 4t. c)'f. c^T. MY LORD, I dedicate this work to you, merely because 1 know not of any other public man so worthy of my esteem. Had your lordship, in conformity with the general wish, been occupied at this moment in directing tlie councils of that country, which your life, character, and talents have adorned, this address would have been withheld; for it might then liave a])peared to spring from tbe sordid calculations of interest, or the still meaner suggestions of adulation. It is now only, when you are hastening, 1 trust, to confer blessings on millions, (;27S(}2 iv DEDICATION. and about to vindicate the honour of the British name in the East, that I presume to inscribe this work to you, and beg leave to acknowledge myself, My Lord, Your Lordship's most obedient and very humble servant, THE AUTHOR. PREFACE. TO write the life of a person, against Avhom violent prejudices have long existed, and treat freely of one, as yet scarcely cold in his grave, is a task equally ditiicult and delicate. Yet memoirs, such as these, if composed with talents and fidelity, would contribute to rescue English biography from the charge of penury and partiality, on one hand, while, by laying open the secret springs of human action, on the other, they could not fail both to gratify and instruct n)anklnd. But if, unfortunately, the author does not possess such high pretensions to pub- lic attention, he, at least, hopes to be entitled to the humbler claims of candour and ingenuousness. It is his chief aim, on the present occasion, to rescue the name and ciiaracter of a celebrated man from unmerited ol)loquy, and prove, not- vi PREFACE. withstanding some apparent political ec- centricities, that he was a true, able, and lirm friend to the laws and liberties of his native country. But it is not intended to describe him as a " faultless monster," en- tirely exempt from all the passions, the frailties, and the failings, incident to hu- manity. He has not drawn an imaginary picture, but painted a portrait from the living subject. The ends of legitimate bio- graphy are best fulfilled, by avoiding un- merited censure on one hand, and unjust panegyric on the other. The materials of this work consist of original letters and papers, some of which have been communicated by the family of the deceased, and others by his friends. A variety of incidents have been supplied in consequence of an acquaintance of seve- ral years duration ; and of the various con- versations, some were penned soon after they occurred, and others supplied from memory. It cannot be denied, that the corres- pondence with Mr. Wilkes has, in some measure, become obsolete, by the lapse of PREFACE. vli time ; it was absolutely necessary, liow- cver, to introduce it, for the purposes of elucidation; but the speeches from the Hustings, ought assuredly to have been consigned to the Appendix. The letters between Mr. Home Tooke and Junius require no aj)ology, as they reflect equal honour on the head and heart of the former. Those who may expect a work favour- able either to the views or wishes of any religious sect, or political party, must be greatly disappointed ; and it is to be hoped, that the most fastidious critic will be un- able to discover any thing in these pages in the smallest degree hostile to religion, public morals, or the happy genius and peculiar nature of our free and admirable constitution. CONTENTS. VOL. I. CHAPTER I. (1736 TO 1765.) Of the Birth and Family of Mr. Home — Hia Education and early Vieics — He obtains the Living of New Brentford — First Jonrney to France ' C H A P. 11. (1765 TO 1767.) Short Retrospect of Public Affairs 07i the Acces- sion of George HI. — Characters of the Lords Chatham and Bute. — The Subject of this Me- moir determines to take an active Part in the Disputes of that Day. — Revisits France; where he meets with Mr. JVilkes. — Copy of a singular Letter transmitted from Montpelier. — He re- pairs to haly '14 CHAP. III. (1768 TO 1769 ) Mr. Home becomes a popular Preacher — a new Direction suddenly given to his Habits of Life^ X CONTENTS. by the Middlesex Election — His successful E:V' ertions in hclialf of Mr. Wilkes and Serjeant Glynne — an Anecdote 84 CHAP. IV. (1769 TO 1770, Account of Mr. Home's jJ^'i'il^d Sermon. — 3Ir. Onslow commences an Action fur a Libel. — The different Verdicts in that Cause. — Reflec- tions 116 CHAP. V. (1771.) 3Ir. Home suggests the Idea of a Reply to the Ki?ig, and obtains a Statue for the Lord Mayor. • — Founds the " Society for Siqyporting the Bill of Rights." — Countenances Bingley in his Re- fusal to answer Interrogatories 1 15 CHAP. VI. (1770 TO 1771.) Dispute and Correspondence ivith Mr. TVilkes . . 1 76 CHAP. VII. (1771.) 3Ir. Home takes a Degree at Camhridge — . On his return, he advocates the Cause of the Printers. —-Result 320 CONTENTS. XI CHAP. VIII. (1771.) Cout rovers 1/ wit It ,/u)nus 352 CHAP. IX. (1772 TO 1777.) 3fr. Hoime resigns his Goicu, and retires to a Cot- toice — His Studies — Contests with the House of Commons — Tried for a Libel. — Characters of 3fr. Thurlow and Lord Mdns/ield. — Sentence of the Court of King's Bench i 1 G J. I F E OF JOHN HORNE TOOKE. C HAPTER I. FROM 1736 TO I7G5. Of the Birth and Famili/ of Mr. Home — Hk Education and earljj flews — He ohtulns the. Living of New Brentford — First Journcif to France. BOSSUET remarks, ia the most useful but least ])oj)ular of his works *, tliat the study of fiistory appertains, in a peculiar manner, to princes. Plutarcli, on the other liand, has de- monstrated, by his own example, that biography is adapted to all ranks and conditions of life ; and this position has been amply confirmed by the testimony of our own Bacon lord Verulam, than whom, a greater authority cannot be quoted, by a reference to any age or country. * Di«co(:rs P'.ir I'Hlstoire Univcrsellc, p. 1, VOL. I B '2 LIFE Ot' JOHN HORNE TOOKE. IJSG. It is no niiproraising symptom of the present times, that the hitter still continues to be a po- ])u]ar pursuit, and forms, at this day, a favourite amusement with ahnost every description of readers : for we are tohl, by a writer whose very name is always pronounced with respect, that it was cultivated with zeal and diligence in the virtuous times of the Roman republic ; but under the emperors first declined, and then fell into disuse *. Dift'erent periods exhibit different models for this species of composition. As we approach the heroic ages, great, useful, and generous actions, constitute the chief features ; while, in latter times, t!ie S])lendour of birth and the pomp of fortune are generally invoked to give grace and dignity to the portrait. The ancients, as usual, seem to have been far more simple, chaste, and correct, in these particulars, than ourselves. The great biographer of Cliaeronea candidly confesses, that even Hercules himself was not altogether of divine extraction ; he al- lows that the family of Themistocles was too obscure to confer distinction -f ; he admits, that Camillus, denominated " the second founder of Home," was the first who brought the Furii into * Tacit, Ann;il. \ Pint, in VIl. Themis. 1736. J,IFE or JOHN IIORNE TOOKK. 3 notice ; while lie iVaiikly avows, that Cains Mariiis was the sou of a ])easaiit, and Phocion, the ot!"s])rin2: of a tnrner. Of tlie tuo jjreatest orators that (neeee and Rome ever Avltnessed, il lias never been denied, tliat the fatlierof the one. was a sword-rntler at Atliens, Avhile tliat oftlie otiier i'i generally .snj)])osed to have been a fuller at Arpinnin. The moderns, on the contrary, evince a fever- ish sensihility in lespect to hirth and family: on this snhject, the? have generally sacrificed lide- iity to vanity, and attributed a portion of that merit to genealogy, which strictly appertains to virtue alone. J'his bad taste appears to liavu !ect. And a man of talents, like him, of whom we are about to treat, may contemplate the humble station of his forefathers, with the saine noble contempt that Cicero did the vetch on the nose of his ancestor *, whence his family was ever after de- signated. After these jireliniinary observations, I hasten, without hesitation, to relate, that John Home, better known of late years by the appellation of * Pliny supposes, tliat tlie person wlio first Ixjre this name, originally derived it from a species of pulse {^ciccr) in til" cullivHlion of whicli lie had been enipluyed. 'I'he I.d)ii, Lentuli, and Pisoues, so illustrious in ;inci(:ril history, aUame shoj) and business. He is represented as a strong-minded man, but entirely reirardless of his j)e( uniary concerns. Accordingly, he either lost (u- scjuandered the w hole of his j)atrinionv, and at length retired on an atmuity of seventy Ijounds left him by his cldtr i)rother ; but, as this proved IiiswffKient to su|)j)ort his extrava- puit course of life, he was admitted, and died 8 LIFE OF JOHN HORNE TOOKE. 173^. in the almshouses provided by the libeialityof the company of fishmongers, for their decayed brethren. ■S. John, the subject of these, memoirs. 4. Mary, the eklest daughter, who was con- sidered a beauty, married a wine-merchant in Argyle Street, famiUarly known among his ac- quaintance by the appellation of '^ honest Tom Wildman ;" he is frequently noticed in Mr. Wilkes's letters. His son, a very respectable and intelligent man, after occupying a place in the Custom House, during a period of more than thirty years, is now a brewer at Chelsea. 5. Sarah, who is still alive, married the late Dr. Demainbray, who formerly occupied an ho- nourable and confidential situation about the person of the present king ; assisted in his raa- •jesty's education, and was always treated with particular attention. He enjoyed a place in the Custom House of 1,500/. per annum; and his son, the rev. Stephen Demainbray, has, for many years, superintended the Royal Observatory at Kew. 6i Elizabeth, a woman of considerable wit and vivacity, became the wife of Mr. Clarke, u haberdasher, in Leicester Fields; And, 7- Anne, the fourth daughter, who still ,^h intrepidity ; and it is not refining too iiiHch, perhaps, to suggest, th;it the spirited conduct of the father, in this particukir in- •?tance, n)ii::ht have made an early and lastinj; ini})ression on the nihid of the son. As Mr. Home lived in NeAvport Street, he was of course a near neighbour to his royal highness Frederick prince of Wales, father to Jiis present majesty, who then kept his court at Leicester House. Some of the othcers of tlic household imagining that an outlet towards tlic market would be extremely conveniejit to them, as well as the inferior domestics, orders were immediately issued for this jmrpose. Accord- ingly, an adjoining wall was cut through, and a door j)laced in the opening, without any '"ere- mony whatsoever, notwithstanding it was a pal- pable encroachment on, and violation of, the j)ro- perty of a jirivate individual. In the nn'dst of this operation, Mr. Home aj)peared, and calndy rcmon^t^•.ted against so glaring an act of injus- tice, a?, the brick ])artition actually appertained to him, and the intended thoroughfare would It ad through, and coii^cijuently dej)reciate the \alue ol his jircmiscs. It soon aj>jteared, however, that the represen- tations of a d«*aler in geese and turkics, althotigh 12 LIFE OF JOHN HORNE TOOKE. l/SG. backed by law and reason, had but little effect ou those, who acted in the name, and, in this instance, abused the authority of a prince, who was probably unacquainted with the circum- stances of the transaction. On this, he appealed from " the insolence of office" to the justice of his country ; and, to the honour of our municipal jurisprudence, the event proved different from what it would have been, perhaps, in any other kingdom of Eu- rope : for a tradesman of Westminster triumph- ed over the heir-apparent of the English crown, and orders were soon after issued for the re- moval of the obnoxious door. On this the plaintiff', who was greatly at- tached to the house of Hanover, and had been only anxious to vindicate his own insulted rights, immediately addressed a most respectful letter to the illustrious defendant in the late action, in which, after briefly recapitulating the facts, he stated that he had been actually forced into the suit by the im])roper conduct of his royal highness's servants, and that, having now taught them to respect private property, he was only solicitous, that no inconvenience might ari^ic to the son of his sovereign ; and therefore ijranted his leave for re-openini:: the disputed passage. The prince was so much pleased with Mr. 1713. LIFE OF JOHN HORNE TOOKE. 13 Home's conduct on this occasion, that a war- rant was immediately issned, cmj)Ovvenng hini to supply his royal highness with poultry, and he accordingly acted lor many years as j)urveyor to the hou'iehold. It is extremely paintul to add, that this did not prove a j)rotitahIe adventure, for, by the sudden de- mise of the heir-ap])arent, and the disorder ot his finances, in consequence of that melancholy event, a considerable arrear of debt accrued, which, at this day, amounts, including the in- terest, to several thousand pounds. Meanwhile, John, the youngest and dar- ling son, became the chief object of atten- tion in the family. It appears from a paper*, originally written by himself, and now in my possession, that in l/'43, being then in the se- venth year of his age, he was sent to an aca- demy in Soho Square. To this early removal, his ])arents were perhaps chiefly induced by the jiroximity of the school, which was a very re- sj)ectable one ; and it appears, froni a variety of circumstances, that no reasonable expense was ever sparetl, in respect to education, by his fa- ther ; while his mother, whose memory he ten- derly cherished to the latest mojnent of his ex- * See the Appendix, 14 LIFE OF JOHN HORNE TOOKE. l'/44, isteiice, always treated liim with unvarying kind- ness and affection. Ill I7"i4, he was removed to Westminster School, bnt remained too short a time there to distinguish himself; for after the lapse of tAvo years, he repaired to Eton. It is unnecessary here either to mention or particularize the many celebrated men educated at an institu- tion, for which we are indebted to the munifi- cence of a prince, termed, by the courtesy of modern poetry, " the holy Henry." It is sufli- cient to observe, that the names of George lord Lyttleton, and- William Pitt, first earl of Chat- ham, had been inscribed but a few years be- fore on the registers of this college ; and that lord North, as yet unconscious of ambition, was harmlessly occupied, about this period, inpraising the beauties of Laura and Lydia ; in describing the golden locks of Clarissa, and comparing the graceful jierson of Phyllis with the mountain pine*. Among his immediate contemporaries, were sir James J\Iacdonald, rendered remark- able by early talents and aspiring hopes, which were suddenly consigned to an mitimelv grave ; * Undique purpureis rctlolcntes floribas hortos Ut trepidans primo vere perenat apis ; Heec vioiaiii jactant, &c. (A. I). 174S.) 3Iu!-. Eton., 1795, vol. j.. p.:. ]/'-lC« LIFE OF JOHN HORNE TOOKE. 16 with 'I'ighe, Pepvs, &c., wliose verses are still praised and remeiiiliered. Soon after his (lc])aitnre, we find Fox, who seems to have comnienced the career ot life and of fame together, describint^ the charming scenery, with which he was surrounded *, and scatterimr classic a^arlands on the l)anks of the Thames ; while the eleiiant Storer, and the correct Hare, were successfully supporting the liigh rejmtation of their Alma Mater. These were succeeded bv a new race, all of whom have s«ince occupied distinguished situations either in Europe or in Asia : a Canning, a Frcre, a Wei- leslev, and a Wellinirton. At this institution, young Home appears to have sj)ent five or six vears of his life ; but I have in vain searched the Mtiscv Etonenses, and taxed the memory r)f his (ddok^t friends, for ])rotiiiguishcd tliciiiselves upon this occasion, wtMc Messrs. Innian, fiing- iiam, Currey, Bronie, Williams, and Bcadon. With the last oi these he liad formed a parti- cular intimacy, and lived to see his friend, who, like himself, wiis destined for the church, first advanced to the mastership of Jesus college, and afterwards to the bishopric of Bath and Wells. At leni;th, Mr. John Home, wlio had hitherto hcen studying under the insj)ection of others, became a teacher himself; although it is dif- ficult to conceive by what sudden caprice of fortune, a cantah, who had- been placed under two private tutors in succession, and had dis- tinguished Ij^nself among the worthies of his college, should all of a sudden have become an usher at a boarding-schooK Unhappilv, I am not enabled, bv means of anv written document or contemporary testimony, either to explain or dilate on these events. Certain it i^, however, that he acted for some time In this hnmble ca- pacity at Blackheath, first with a Mr. Jennings, and afterwards, on his retreat, with his son-in- law, Mr. Williams. It may be readily sup])oscd, that this period of young Home's life proved uiiseraljU- in the e\* tfeme. Instead of the charms attendant on 24 LIFE OF JOHN HORNE TOOKE. I'J'oG, eleojant, or the improveinents resulting from learned society; in place of the amusements and variety of a public, or the happiness and repose usually incident to a domestic life; here vviis now only heard the unwearied note of the cuckoo, and the eternal gabble, added to the tormenting tiick-i, of threescore mischievous boys. He might, with Dr. Johnson, when exposed to similar misfortunes, have fairly exclaimed, that *' one single day Avas tlie faithful copy of a whole existence * ;" and it must be allowed, that the ill- recjuited fatigue, and unrewarded industry, of this laborious but useful class of men, could not fail to be odious to a liberal and ingenuous mind. Yet, on the other hand, from early life, he appears to have been very fond of instructing others, and to have paid particular attention to children, whom he always viewed with a species of paternal regard. In respect to his management of these, he either was gifted by nature, or had obtained from practice, a certain degree of authority not easily to be conceived. His influence in this respect has come to my knowledge on more than one occasion, and I have lately seen a gentleman, who assured me, * " CoMtinet vilam, una man, Avas about lour years older tlian himself. Being destitute of patrimony, he repaired to the Mietropoliswith a view of courting the smiles of the fickle goddess ; and at length completely suc- ceeded in his views. Notwithstanding his person was unj)ropitious, and there was a certain hush't- ness in his speech, yet he became the most success- ful practitioner of his day. Unwearied research obtained for him the character of a sound lawyer; while his known zeal for the interests of a client, rendered every one eager to retain him. He was the only barrister in the Court of King's Bench capable of arguing a constitu- tional question with the able and eloquent chief justice who then presided there; and, on more than one occasion, the earl of Mansfield him- self was obliged to yield to the superior force of his arguments. This celebrated pleader was at length brought into j)arliament, under the auspices of lord Shelburnc; and, after distin- gui^^hing him-^elf in the house of commons, on many ti-)ing occasions, finally ol;tained a peer- age, together with the chancellorship of th« ducby of Lancaijter. 32 LIFE OF JOHN HOKNE TOOKE, l^SS. Lloyd Kenyon was a native of Wales^ who, after having been brought np at the desk of an attorney, practised in Chancery with consider- able reputation. It was late in life before he attained the dignities of his profession; and he, who fiom habits, and custom, and congeniality of studies, was enabled to become a most excel- lent master of the rolls, occasionally found his seat uneasy as chief justice of the King's Bench, in consequence of being unacquainted with the practice of the common law. These three, while students, and little dream- ing as yet of their future fortunes, were accus- tomed to spend much of their time together. Two of them, as has been hinted, afterwards at- tained patrician honours; but, at the period now alluded to, the prospects of the third were to the full as promising, as those of either of his fellow- students. He, indeed, must have been looked up to as a superior character: for, in addition to his natural talents, he had been educated at two public schools, and finished his studies at h celebrated university; while they were brought np at little provincial seminaries, and could not boast of any classical attainments whatever. It would appear, however, that none of the j)arties were very rich at this period, for they lived with a degree of frugality, that will be deemed rather 1760. LIFE OF JOHN HORNE TOOKE. 33 singular, wlien contrasted with their fortune, nealth, and celehiity. I have been repeatedly assured, by Mr. Ilorne Tooke, that they were accustomed to dine together, during the vaca- tion, at a little eating-house, in the neiglibour- hood of Chancery Lane, for the sum of seven, pence halfpenny each! "As to Dunning and myself," added he, " we were generous, for we gave the girl who waited on us a penny a piece; i)ut Kenyon, who always knew the vahie of •money, sometimes rewarded her with a half- penny, and sometimes with a promise!" It would aj)pear, however, that the partiality of Mr. Home for the bar was not destined to be gratified. His family, who had never sanctioned this attachment, deemed the church far more eligible as a profession, and he was at length obliged to yield, notwithstanding his reluctance, to the admonitions, the entreaties, and the per- suasions of his parents. It seems not at all im- pro!)al;le, that a friendly compromise took place on this occasion; and that an assurance was given, of some permanent provision, in case he consented to relinc^uish his legal pursuits. Accordingly, in 1760, Mr. Home was ad- mitted a priest of the church of England, by Dr. John Thomas, bishoj) of Sarum; and in the course lA the same year he obtained the living of vol.. /. D 34 LIVE OF JOHN HORNE TOOKE. l/GO. New Brentford, in thecounty of Middlesex, which was purchased for him by his father. This, for npwards of a century, has been a chapel of' ease to Hanwell, a village two miles distant; and the endowment, of coinse, was originally very trifling. But a few years since, the spot, which at present contains a very pojmlous hamlet, forming collateral inflections with the current of the noble river which runs in a serpentine direc- tion along its margin, contained only a few scattered cottages, inhabited chiefly by labourers. The piety of the more opulent neighbours was at length happily exerted to obtain for these poor people the consolations of religion, and about a century ago, this preferment, if prefer- ment it might he then called, was valued at only iG/. a year. An inn, however, having been after- wards bequeathed, for the purpose of augmen- tation, and ({ueen Anne's bounty twice obtained ; these accessions, together with the small and hay tithes, are said to have produced the sum of between two and three hundred pounds per an. This income was enjoyed by the subject of this memoir during the term of eleven years, and in the course of that period he not only did duty at Brentford, but also preaclied in many of the churches of the metropolis. In 17G3, it appears, that Mr. Ilorne had been l^OO. LIFE OF JOHN HORNE TOOKE. 35 prcrailcdupon to Ijecome what he ])iinself was ar- cu-stoined to term a bear-leader, ami one of the soTiji of a neiglibouring gentleman was the cuh whom he took under his j)rotection. The life and character of Mr. Elwes, afterwards kniglit of the ^hire for the county of Berks, has been rendered laniiliar to tlie public, by means of the pen ot Mr. Tophanu who, with ec|ual truth and felicity, has depicted the eccentricities of this opulent commoner, and, by describing the keen, although imaginary distresses, of a man worth half a million, in consefjucnce of the loss of a few guineas, contributed not a little to strengthen the generous precepts of virtue, as well as to afford some little consolation to those who labour under the real pressure of unmerited ])overty. Young Elwes, hipointed one of the king's chaplains ; and had a prospect of such other preferment as was sufficient to satisfy his wishes. In tine, a man so gifted and so favoured, might have aspired to all the honours of his 17^4. LIFE OF JOHN HORNE TOOKE. 3/ profession; and if lie had not reposed, like his friend Dr. Beadon, beneath the shadow of a cathedral, or erected his mitred front in com- pany uith the Horsleys, and the Douglases, and the Watsons of his day; yet, like Paley and many other of the inferior dij^nitaries of the church, he miirlit have enioycd wealth, and respect, and that learned case so dear to a man of letters. But we shall soon discover that these flat- tering and seductive prospects did not prove sufficient to counteract certain impressions, which had been indelibly engraved on a mind, at once bold and original ; avaricious of fame, and disdainful alike of riches and preferment, when these ap]>eiired to be in oj>j>osition to his principles. During his residence at Brentford, however, he seems to have laboured to prove useful to his parishioners and all around him. His sermons were pluiu, ])erspi<:uous, and ])ractical dis- courses, tending to remind his audience of their duties to God, their neighbours, and themselves. While he explained the tenets of Christianity, and in-^isted (m their decisive superiority over those of all otiicr religions, he is said to have carefully al)stained from controversial jioint*;. Cliiefly jjjtent on j)roducing beneficiy.1 result"-;, he never 38 LIFE OF JOHN HORNE TOOKE. 1764. extended his researches beyond the truths con- tained in the Scri})tures, and the received opinions of the Anglican church. Like the learned and pious Dr. Jortin, he perhaps thought " that where mystery begins, religion ends;" and in this point of view he always bore ample tes- timony to the excellence of that faith in which he had been educated. No one, however, was ever more ready or more eager in private to oppugn and refute the doctrines of the catholic church. These he eagerly opposed, both then and throughout the whole of a long and active life, from a variety of causes. First, he deemed many of its observances superstitious; secondly, he abhorred the idea of a connexion wuth, and a reliance on, a foreign jurisdiction, as this Seemed to trench on the independence of his native country; and thirdly, in consequence of auricular confession, and the powers assumed as well as exercised by the priesthood of that per- suasion, he considered this system as highlv un- friendly to human freedom. It may be imagined by some, on account of the equality of pastors and their uniform bias towards a moderate and w^ell regulated liberty, that he might be inclined to lean to the dissenters. But this was not the case. On the contrary, he admired a hierarchy consisting of an ascending I'^Gi. LIFE OF JOHN nORNE TOOKE. 30 scale of diguitarics, from a j)ari!sli priest to a jnetro])olitaii, which lie deemed hest calculated hoth to incite to, and reward merit and virtue. Xotwithstaudinsz: the charijes afterwards adduced against him, on the score of orthodoxy, no one was more violent against schismatics of all de scrij)tions; and, whatever may he thought, cer- tain it is, that even his very prejudices were on the side of the church of England; for out of the ])ale of its faith he never was very ready to admit of anv ecclesiastical desert whatsoever! Mr. Horne had no sooner ohtained his living:, than he determined to administer every possihle comfort to the poor of the populous neighhour- liood, hy which he was surrounded. He was reg;ular in his attention to the sick, a circum- stance accomj)anied with a douhle portion of con- solation. Not content with ])raying with those that desired it, he actually studied the healing art, for the express purpose of relieving the comj)laints of such as were unable to j)ay for the a*^>istance of an apothecary. 'l"o attain this end, he carefully studied tlie works oi' lioer- liaave, and the hest practical jdiysicians ot that dav; and liaving learned to compt)nnd a few medicines, he formed a little dispensary at the parsonage-house, whcfice he suj)plie(l the wants of his numerous and grateiul j)atienti. He was 40 LIFE OF JOHN HORNE TOOKE. l/'64. accustomed, at times, to plume himself on the cures he had performed, and often ohserved, " that, although ;)liysic was said to be a proble- matical art, he believed that his medical, were far more efficacious than his spiritual labours." On the other hand, he mixed with genteel societj^, enjoyed all its pleasures and advan- tages, and indeed always entertained a high relish for company and conversation. As he was fond of associating with the fair sex, he en- deavoured to render himself agreeable, by com- ply ing with the fashion of the times; and it is not to be denied, that he was, at one period, accused of being too fond of cards, and of spending too much of his time at ombre, quad- rille, and whist. But it does not appear that he was thereby induced to neglect any of his duties; and although he was sometimes attempted to be stigmatised with the appellation of " the carr dinal priest," yet he has never been accused of indulging in games of chance, or playing for any sum, that might impair his fortune, or en- gender the remotest sus])iciDn of avarice. As he advanced in years, pursuits of a far dif- ferent kind engrossed his attention. He had ceased indeed to be a lawyer, but he had become a politician. His vicinity to tow'n enabled him to be speedily acquainted with all the events of 17b4. LIFE OF JOHN HORNE TOOKE. ^11 the time!', and there is soiiietliing; in the very atnjosphere of a great metroj)oli.s, tlmt connnu- nicatcs its inflaence, to a wide circle aronnd it. Mr. Home appears, in early life, to have im- bibed iiii;h and exalted notions of publicliberty; and these, operating on a sanguine temperament, produced a degree of zeal, which, before it was corrected by experience, must at times have apj)roximated to political fanaticism. It would be truly curious to trace the origin of those ideas, and thus, connecting cause with effect, make a liberal estimate of the result; but, in the absence of facts, it is only permitted to guess at first causes, by a recurrence to contemporary history. When he was a bov, the immediate effects of the revolution had not yet ceased to operate; while the new dynasty introduced by it, was still alarmed Ijy the' claims of a pretender to the throne. AH })arties ultimately appealed to the nation, and they who hailed the name of Wil- liam III as tlie "great deliverer," or su])ported the legitimate claims of the house of Brunswick to the crown, alike founded their pretensions on popular rights. It was thus decidedly the in- terest even of the court, to countenance those principles, whence it derived its strength and stability; and an unhappy breach, which at this 42 LIFK OF JOHN HORNE TOOKE. l/6i. period took place in the royal family, was at least accompanied with this advantage, tliat it contributed not a little to produce a competi- tion lor public favour and ajiprobation. Pitt and Lyttleton, fostered by the patronage of Frederick prince of Wales, now thundered in the senate in behalf of freedom ; and exhibited specimens of eloquence v/ortliy of the classical ages. Bolingbroke, too, under the same aus- pices, in his animated attacks on the adminis- tration of a great but odious statesman*, ex- hibited the first fine models of ])olitical contro- versy, which were afterwards copied and im- proved by Burke, and imitated, but not excelled, hy Junius. The Bangorian controversy, too, during which a celebrated prelate -i" denied the pretentions of his own order to temporal juris- diction, had enlightened the minds and sharp- ened the wits of the nation: in short, liberal in- vestigation, as connected with the pretensions of the reigning sovereign, had become the genius of the aire, and could not fail to have influenced both the njind and the conduct of the subject of this memoir. A variety of concurring cause? might aho be adduced, and a multitude of sup])ositions sug- * Sir Robert Walpole, al'ierwanls created earl of Orford, f Dr. Hoadly, bishop of Winciiesler. 17^4. LIFE OF JOHN HORNE TOOKE. 43 gci^ted; but there are no limits to conjecture, and perluips it might be carrying the spirit of specnhition too far, to snpi)ose that young Home had been inocukited by approximation to royalty, and 6rst caught the holy flame of freedom, at Leicester House; the altars of which then smoked continually with popular incense, while strains were there chaunted to liberty, by the best poets of the age, A\orthy of the days of Harniodius and Aristogitou. CHAPTER II. FROM 1765 TO 17^7- Short Retrospect of Public Affairs on the Acces- sion of George III. — Characters of the Lords Chatham and Bute. — The Subject of this Memoir determines to take an active Part in the Disputes of that Day. — Revisits France; where he meets with Mr. PFilkes. — Copy of a singular Letter transmitted from MontpeU Her. — He repairs to Italy. IT may be here necessary to interrupt the course of this narrative, in order to take a survey of the political hemisphere, at this period, with a view to discover those motives which gave a new as well as a peculiar direction to Mr. Home's career, and influenced the whole tenor of his future life. The latter part of the reign of George II was both happy and fortunate; for the nation, firmly imited at home, appeared, at the same time, to IjSb. LIFE OF JOHN HOUNE TOOKE. 45 be forinidiible and triumphant abroad. While a new empire was founded in the east, our colo- nies in the western hemisphere seemed to be connected to the mother country less by the ties of allegiance, which are often feeble and pre- carious, than by a reciprocity of interests and good offices, producing protection and kindness on one side, followed by love, veneration, and voluntary obedience, on the other. The youthful monarch, wlio now succeeded to the crown, commenced his reign under the most propitious auspices, by providing for the tafuic independenceof the judges, and endeavour- ing to gratify all the partialities of a loyal and aflectionate people. In his first speech from the throne, he gloried in being *' born a Briton," and asserted, at the same time, " that the civil and leligious rights of his loving subjects, were equally dear with the most valuable prerogatives of Ilia crown." The country, indeed, was still at war; but tliat war was just, popular, and successful. 'I'he finances were regulated with a considerable degree of prudence; and the resources of the state, instead of being exhausted, seemed nml- tiplicd by dlilinion. Fleets were manned, e(jni[)pfd, and sent out, wiih an exj)c(lition never before wiliiessed; and Kngland, us heretofore. 46 LIFE OF JOHN IIORNE tOOKE. 1765. did not alone bleed in the contest ; for, notwith- standing the joint operation of civil and reli- gions antipatliies, Ireland poured forth her gal- lant sons, and the brave and hardy peasantry of the north, for the first time, were called into action in the common cause. All this was effected by the talents, the vigour, and the virtues of one man, whose portrait re- quires the pencil of a master: I shall, therefore, merely attempt to sketch the outline, and that, too, w ith a feeble and a trembling hand. The first William Pitt, a great and accom- plished statesman, at the period alluded to, still remained at the head of the administration * ; and * This was termed ihe Pitt and Newcastle ministry, the former conducting the aflairs of the stale, while to the latter was entrusted the management of the house of commons. The following was the arrangement in 17(30, at the accession of George III. 1. Duke of Newcastle, first lord of the treasury. 2. Mr. Leggc, chancellor of the exchequer. 3. Lord Henley, chancellor, 4. Duke of Bedford, lord-Heutenant of Ireland. 5. Earl of Holderness, secretary of state for the foreigK department. 6. Mr. Pitt, secretary of state for the home department. 7. Earl Granville, president of the council. 8. Earl Temple, lord privy seal. 9. Lord Anson, first commissioner of the admiraliy. 10. Lord Ligonier, commander-in-chief. H. Viscoutit Bariington, secretary at war. I7C5. LIFE OF JOHN HORNE TOOKE. 47 conducted the affairs of that nation, which ho. had raised from a state of abasement, to an un- exampled j)itch of glory. Victorious in both hemispheres, and on cither clement; while he enlarged the acquisition;* of Britain bv land, the flag of the United Kingdom'> tiinm])hed on every sea; commerce and n»anufactnres flourished, as in times of j)rofound peace; and tlie miseries of Mar were for the flrst time unknown. Detestiuii corruption, he left the management of parties to others, and, trusting to his own master- genius alone for success, bokly ])ointed the British thunder at the heads of the enemies of his country; and taught France to acknowledge the suj)eriority of a small but free nation over a great and despotic empire. It might be likened to the contest of (ireece, in her best days, against Persia; it was Thcmistocles, with a handful of Athenians, ovcrcomini; the fleets and the armies of the Great King! Without ])atrimonv, without fanjily con- nexion attorney general. 'I'liis proved not only iHe most sncces-^fiil, bill also the nvost [)'>j)ular Hiifiistry, tver witnessed in fircal Uiiuiu. 48 LIFE OF JOHN HORNE TOOKE. 1765. cornet in the Blues, by the jealousy of Walpole, suddenly attained the first offices in a free state, by the power of eloquence alone*. Nature ap- pears to have been prodigal of her favours at his birth. He possessed a prominent figure, and the features of his face were admirably ex- pressive of the ardor of his mind. His nose is said to have resembled the beak of an eagle; his look was fascination; his eye, suddenly transfixing with its lightning, seemed to destroy the victim before his lips had pronounced its final doom. His dress, if we are to credit tradition, was in exact unison with his person ; and the tie wig and rolled stockings, still to be seen on the can- vas, were no less picturesque than appropriate. Add to all this a certain theatrical attitude and manner; gesticulations scrupulously adapted to the subject; a tongue, that could by turns drop honey or distil venom; words at once expressive, glowing, ardent; a voice, the varying cones of which seemed equally calculated to communicate delight by their music, or apjial, terrify, and overawe, with their mimic tlmnders. Such a man could not be deemed a servile copy even from the ancients; like them, he was an original. * Oninis vi$ virtusque in linguu sita est. — Ad. C. CcBs. de Repiib. Ordinand. 17<)5. LIFE OF JOHN IIORNK TOOKE. 49 But, if Ijis oratory formed the lever by which he moved the house ot commons, the British empire, and all Enro])e, let it he recollected, that he superadded the far rarer gift of a talent and ca})acity for command. Tiiis enabled him to conduct the affairs of his native country with an unexampled degree of vigour and ability: for, while eloquence issued from his lips, wisdom and success seemed to preside at his counsels. He Avas the first man who discovered the strength, and knew how to wield the combined energies of this nation. Equally great in the senate and the cabinet, Pitt stands unrivalled among our British statesmen, and even Cecil himself might have turned pale at his name. Yet, unhajjpily, this great minister did not long possess the confidence of the young mo- narch; and as he could not be answerable for the effect of those measures which were not ex- pressly dictated by himself, he suddenly with- drew. This sinistrous event seemed for a while to ])alsy the whole body- politic. The parliament, hitherto unanimous in his support, was suddenly split into factions; but the pcoj)le, more constant, as well as more pure* in their attachment, with one voice declared in behalf of their chanijiion. Meanwbilc, it was decreed that {i favourite — VOL. J. i: 50 LIFE Of JOHN HORNE TOOKE. IjGo. a term always peculiarly odious and ungrateful in a free country — should succeed him, on whom had been conferred the flattering appel- lations of the " Great Commoner" and the " Heaven-born Minister." This favourite was John earl of Bute, a nobleman, to whom sufficient justice has not been done, amidst the bitterness and malevo- lence of party rage. Illustrious in respect to family, being lineally descended from sir John Stuart, son of Robert II, king of Scotland, he was lofty in his manners, and at no period of his life either affected or acquired popularity. But he was a generous patron of the arts and sciences, and proved one of the first and most liberal protectors of botany and engraving in this country. His person was handsome, and to this circumstance, rather than to any extra- ordinary degree of talents, he is supposed to have been indebted for his power and riches. While still young, he married the daughter of the celebrated lady Mary Wortley Montague, with whom he obtained an immense fortune; and having occupied for some years an honour- aide situation in the household of the prince of Wales, father to his present majesty, at length became the governor of the reigning monarch ; whose confidence he acquired early in life, and \J6d. life of JOHN HORNE TOOKE. 51 retained tor niaiiv years. Within two davs after the accoNsion of ihe yonna; king", he was accord int^lv sworn a member of tlie privy council, and obtained the rangership of Kiclmioiid Park, while his influence in tiie cabinet soon became ])aramount. Such a sudden ekn'ation exposed this noblcrnan to jealousy and suspicion. Unendowed with the elo(|uence of the senate, un})rotectcd bv c:reat ianiily connexions, and upheld I)y the partiality of the prince alone, he soon became hateful to the people. The victories obtained under his ad- ministration were either deprecated as of no avail, or attributed to the antecedent plans of his more fortunate rival: and when he wished to ])Ut an end to the horrors of wai-, even the olive-branch itself ceased to he a boon, when it was to be received at his hands. Xotwithstand- in<; this, the peace of Paris must now be ac- knowledtred to have been alike politic and li- beral, althouah it was then oiiions in the extreme. Kvi'ii the s'ndden and voluntary retreat of its aullior horn j)()\\er coulil not secure impunity; for a torrent of in\ective still contiimed to be poiuvd out anain^t him, while his vnccessovs were denor.;inateti his creatures, and his iVieuds con<;ideied us the encnnes of the tuition. But worse con'«e(juences ensued. 'J'he rival- i; 2 32 LIFE OF JOHN HOKNE TOOKE. 176*5- ship of these two statesmen, which was coin* pared to the contest between Narses and Beli- s u'ias, seemed not only to menace tlie prosperity of the empire, but actually engendered a contest between the court and the people. In the course of this dispute, a young and beloved monarch beheld himself for a while bereaved of popular favour; and that enthusiasm, with Avhich he was wont to be received, was suddenly transferred to a patriot in disgrace. The succeeding administration, too, instead of soothing the public mind, inflamed it almost to madness by the most impolitic measures. A gentleman, who commenced his career as a par- tisan of the ex-minister, was treated with a de- gree of rancour unsanctioned by sound policy, and prosecuted with a rigour unjustified by the hnvs. Arrested and sent to the Tower by ap illegal process, the sympathy of the nation was aroused in his behalf, and he was soon after liberated, in consequence of a solemn decision of a court of law, amidst the acclamations of the people. As the rights of all were supposed to have been violated, so the franchises of the whole body ofthenation were soon after said tobe grossly infringed in his person ; and the unceasing enmity of the ministers of that day never abated for a single moment, until, by a long series of perse- 1/65. LIFE OK JOHN HORNE TOOKE. 5li ciition, Mr. Wilkes becaiTie the most popnhir man in the kingdom. 'J his conduct, -which savoured of imbecility and iniu'>tice, was ascribed by some to treaclicrv and treason. I'hc most sinistrous intentions were attributed to those in power; and supj)0- sitions were entertained bv many, ol" a settled design to enslave the people. Even the prince himself, who, by a wise policy, is sheltered from all pcv^onal responsibility, did not escape ani- madversion, and was no longer sainted by those loyal irratulations with which he had hccu re- cently hailed. Such was the situation of pul)lic affair?, and so feverish and irritable the minds of the nation, when the subject of these memoirs first appeared on tlie scene. It has become the pi^udent ])rac- tice of domestic life, during tiiese latter times, to contemplate the dis])utes of o])posing ])ai ties, merely v.lth a view to individual interest; and either remain inditi'erent spectators, or to declare for t])e victors, wlio are alone able to reward their adherents. But it apjjears to have been otherwise, half a century ago; and Mr. Home, whose minil was formed on the ancient models, alike despised a neutrality, which he deemed (ri- niinal, and an accpiiescence, which would have been consider* d hv him as decjradim:-. Accord- 54 LIFE OF JOHN HORNE TOOKE. l/So. ingly, rJthoiigh the star of tlie Iiouse of Bute v/as now in the ascendant^ yet being considered by him as a malignarit planet, that portended r.o 2:ood to his native country, ^vith all th.e generous impetuosity of youth, he instantly de- cided against his own immediate interests. Warmly attached to the constitution, both from education and reflection, he burned with im- patience to support its tottering fabric. Bold, ardent, enthusiastic, he suspected that a regular jdotwas actually formed for its destruction, and already anticipated the tin)e, when, like Den- mark about a century before*, and Sweden at a subsequent period-l", the libei'ties of Great Britain were to be laid prostrate at the feerform." * I'riuted for E. Suiripttr, l7'i.->, 25 pagrs 4to. €0 LIFE OF JOHN HOUNE TOOKE. 1/65, In the tract itself, wliich is addressed " to the right honourable, truly noble, and truly Scottish lords, Mortimer and Jefreries," there are many offensive passages.' These exhibit a complete specimen of that personal and national satire, so common during the early period of the present reign ; and which, in consequence of the lapse of half a century, and the change that has taken place in our manners, would now be considered as highly indecorous. It may be permitted, however, to observe, that the two noblemen mentioned above, are told that they have created a new institution in this kingdom, called " the order of merit or of the pillory. The boon I beg of you," continues the author, " is to be admitted a knight companion of this honourable order; and. that you would, in con- sequence of this my request, speedily issue forth a PARTICULAR WARRANT, for me to be invested with this noble Croix de St. Pillory. Some such institution as the above-mentioned has long been wanting in this kingdom. Give me leave to assure your lordships, it is with no small mortification, that my countrymen appear in foreign courts and nations, where they find themselves surrounded by many acknowledged rnen of merit — the chevaliers of different orders —themselves undignified with any title, but that 1^65. LIFE OF JOHN HOR>E TOOKE. Gl of Englishman: their noble bosoins decorated witli MO jewel, but — precious libeitv! " And siuce, by you, the English name, is now melted down to Bkiton*; and Liberty, wrested from our hands, is, with great j)roprietv, trusted to the keeping of Scotch justices and court l)oroughs: — leave us n«jt naked of everv lionourable distinction. Give us this badiie in lieu of what vou have taken from us: that we inay afford a striking proof to sonje future Mon- tesquieu, how tiiie it is, that the spirit of libei-ty may survive the constitution; and that, though it is possible for an infamous, royal FAVOURITE, by corruption of and with the assistance of an iniquitous prerogative judge, to harass and drive insulted Liberty from our arms, yet still she finds a refuge, from which she can never be expelled — a freeman's breast." From this new order, the author digresses to a poj)ular subject, and exclaims: '^No! Wilkes, thou art not alone — we are ail ouT-lawed. ■* This allude* lo the king's fiisl speech from the throne. in which his majesty glories in bein^ born a " Briton/' ]\lr. Wilkes, and most, if not all the writers of that day, who at- tacked the court party, maJe this very appropriate epithet a sub- ject of censure. But in the first place, it was correct in point of Jact; and, in the second, prudent in point of pnlicy ; for the battle of Cullodi-n had been fought but fourteen years belure, a pretender to the throne still existed, and the Seotcli had not then reaped those advantages from the union, which they have since happily experienced. 62 LIFE OF JOHN HORNE TOOKE. 1/05. Sentence is passed ou all. The only difference is, that they have Jhnnalli/ driven thee from the protection of the laws, and they have virtualh/ taken the protection of the laws from ns." The reader is at the same time informed, that as no one can dwell in safety, free from the violence of secretaries, warrants, &c., he craves from their lordships the fivoiir of the pillory, as a matter of honour for the author; while, by way of obliging the publisher, it is recommended, at the same time, to order this petition to be burnt by the hands of the common executioner : " for the formal burning of a woik at Tyburn will shortly become the only received imprimatur; and, in order to stamp and establish the merit of any ])iece, and to make it acceptable to the public, it will soon be as necessary that it pass through the hands of the hangman, as it was formerly that it should pass through those of a licenser. *' The affair of imprisonment," it is added, " he leaves entirely to your wisdom and discre- tion : thouii'li indeed he rather considers that as a thing of course. For your lordships, no doubt, have somewhere read, that tiuth (if it is a virtue) is a virtue like the plague — (having too often the same quality of making us generally shuimed and avoided.) " Wisely, therefore, do your lordships, to pre- I'i'Gb. LIFE OF JOHN HORNE TOOKE. 63 vent spreading the liifectioii, send it to perform (|u;iraiitine in the Kini^'s Bench. ]Mltilation, too, he has forhorne to mention, tlionp:h entirely «>t' vonr sentiments — that from tlie natural hodv, as well as from the hody ])olitie, should he lo])ped, without niercv, the niemhers that offend. " Scjuccze out, therefore, the eyes that pre- sume to ])rv into your mvsteries and intri^-ucs of STATE or LUST. " Slit the nose that dares ' to smell a RAT. *' ^^ rlnc off the ears and root out the tonsrue?, that listen to, or wiiisper the words — liberty' and LAWS. And for the sake of ronirruitv, for vonr own satisfaction and certainty of a punctual per- formance — he yourselves the executioners of the sentences you pass. — And let Fulvia, with her hodkin, pierce throui:l» aii-ain the tongue of Cicero. " liut you may go farther than this scheme of jjartial jtwni^hment. — Nav, you must. For chopping off the hands of authors would he d(Mng worse than nothing. They spring uj) like Hydra's heads. And it Is to he appreliended. lest tiie remaining ^tump (»f some poor, rnanghd carcase, instead of ink, -hould write his j)uj~ poses in KLOoi). 64 LIFE OF JOHN HORNE TOOKE. 17^5. (C Hang up at once^ then, all who can read or write. " You haA'c a precedent in Cade*. And for the justification of any infamous and dirty busi- ness, it is at present sufficient that there is a precedent." After this, the author returns to his favourite subject, the violation of public justice, in the person of a popular commoner: " Your lordship's firm and persevering con- duct has effected what our laws never could. And an Englishman is under a necessity of being either absolutely free from faults and indiscre- tions— ?r^ic/i is difficult — or your friend — ivhich is impossible. For \V« have seen, by Mr. Wilkes's treatment, that no man who is not, and who has not always been, absolutely perfect him- self, nmst dare to arraign the measures of a minister. *^ It is not sufficient that he pay an inviolable regard to the laws; that he be a man of the strictest and most unimpeached honour; that he * (Enter a Clerk.) iVeaver. The clerk of Cliatham. lie can white and read* and cast accoinpts. Jack Cade. O, Monstrous! IVeuver. We took him setting copies. Cade. Here's a \-illaiu! 1765. LIFE OF JOHN HORNE TOOKE. 65 be endowed with superior abilities and qualifi- cations; that he be blessed with a benevolent, generous, noble, free soul; that he be inflexible, incorrn])tiblc, and brave; that he prefer infinitely the public welfare to his own interest, peace, and safety.; that his life be ever in his hand, ready to be paid dow^n cheerfully for the liberty of his country; and that he be dauntless and unwearied in her service — all this avails him nothinir. " If it can be proved (though by the base means of treachery and theft) that in some un- guarded, wanton hour, he has uttered an in- decent word, or j)enned a loose expression — away with such a fellow from the earth — it is not fit that he should live." The following passages are too singular to be omitted, as they seem to savour of prophecy, exhibit the same indications of spirit with which the author was animated; and at the same time j)rove that he was ready to devote himself, to what he doubtless considered the cause of the nation : " Even I, niv countrymen, who now address myself to you — I, wlio am at present blessed with j)cace, witli happiness, and independence, a fair character, and an easy fortune, am at this moment forfeiting them all. vol.. I. y 66 LIFE OF JOHN HORNE TOOKE. 17^5. " Soon must I be beggared, vilifiedj impri- soned. The hounds of power will be unken- neled and laid upon the scent. They will track out diligently my footsteps, from my very cradle. And if I should be found once to have set my foot aviTy — it is enough. — Instant they open on me. — My private faults shall justify tbeir public infamy, and the follies of my youth be pleaded in defence of their riper villainy. " Spirit of Hampden, Russel, Sidney! ani- mate my countrymen! I invoke not your assist- ance for myself; for I was born indeed a free- man. *' My heart in its first pantings beat to liberty. She is twisted with my heart-strings, and can- not be torn from thence. They have formed together a gordian knot, which cannot be nn- twisted by the subtle fingers of corruption, nor loosened by the touch of fear. Nothing can separate us. No! not the cruel and bloody sword of tyranny. Her union with me is lovely and honourable through life; and even in death I will not be divided from hev." Mr. Home was very fortunate to escape from that prosecution, which he seemed so anxious to court. For this impunity, he was perhaps indebted to his seeming indiscretion, as he had made some gross allusions to the honour of a 17^5. LIFE OF JOHN HORNE TOOKE. G/ irreat ladv, wliich iiiiiz'ht have rendered a trial in a court of justice both iiijndicions and inde- licate; while it would have added not a little to the ])ublic odium against this personage, relative to whom, too many prejudices unhappily sul>- sisted at that moment. But it is not a little creditable to the subject of these memoirs, that, whatever his political opinions might be, and however far his zeal might have carried him beyond the customary bounds of discretion, his character and integrity were alike unimpeachable. That he was re- spected not only by his own parishioners, but tilso by tlie families of the neighbouring gentry, there cannot be a better proof, than the fact, that he was repeatedly selected to superintend the morals, and regulate the conduct of young men of fortune. Of this, a new Instance occured in 1765, when he was aj)])lied to by Mr. Taylor, a gentleman residing within a few miles of Brentford, to ac- company his son, during an excursion to Italy. Having been always fond of travelling, and par- ticularly delighted with the prospect that now occurred, of tieading on classic ground, he readily accepted the ofi'cr; and towards the autumn of the same year, set forward with his usual zeal and alacrity. F a 68 LIFE OF JOHN HORNE TOOKE. l/'S^. Perhaps it may be here necessary to observe, that, at Dover, Mr. Home constantly changed his clerical dress; and, on crossing that narrow strait, which, by separating us, from " that pale, that white-faced shore*" of France, has happily ensured our independence, assumed the habit, appearance, and manners of a private gentle- man. Nor ought it to be omitted, that, on both this and tlie former occasion, the young gen- tleman entrusted to his care, never once dreamed, that he was under his inspection; but deemed himself highly honoured, as well as obliged, by the permission to accompany him in the capacity of a friend, during this journey. Soon afterhis arrival at Calais, our traveller saw and conversed with the father of the present Mr, Sheridan, then employed on ascheme of perfecting and extending^ the English language. He also became acquainted with his lady, who chiefly addicted herself to the lighter pursuits of litera- ture; and in addition to two comedies, had pro- duced a couple of novels, entitled " Sydney Biddulph," and '' Nourjahad," in which a strict adherence to morals was happily united with a fine and creative ima.frination. -;,Gn his arrival in the capital, he visited several of his countrymen, and, by means of a letter of "" King John, act ii, «cene; I. 1760. LIFE OF JOHN HORSE TOOKE. 6^ introduction from Mr. Hiiinplirey Cotes, a cele- brated politician and wine merchant of the city of Westminster, who had recently become a bankrupt by steadily sup])orting the cause of patriotism, he enjoyed an -opportunity of being introduced to Mr. Wilkes, who was then in exile. Accordingly, he immediately waited on that gen- tleman, who received him with distinguished politeness. He was already known to the " pa- triot" by reputation, and the handsome manner ill which he had mentioned this popular cha- racter, while labouring undef the penalties of prosrrij)tion, could not fail to excite his giati- tude and esteem. I'll at celebrated commoner, who, with a cor- rect and elegant taste, united all the vices of a tine geTitleman, and all the discernment of a man of the world, soon discovered that his new acquaintance was no ordinary man. He in- stantly perceived, that he was not only a scholar, but a person of conspicuous talents. One so richly gifted, and so replete Mith zeal and disinterestedness, was likely to prove serviceable both to Ills present and future views; he there- ibrc solicited his friendship, and, after nuicli entreaty, exacted a j)romisc of corresj)ondence. Ibis was acceded to in an evil hour, by our f-rav/idler, as will be seen hereafter; while the 70 LIFE OF JOHN IIORNE TOOKE- 17^5- gay colonel of the Buckingham militia, plung- ing into the dissipation of a luxurious metropolis, soon forgot to cultivate that acquaintance, which he had heen so desirous to form and to improve. Mr. Home, after a short residence there, pro- ceeded to Geneva, in the vicinity of which he visited Voltaire; and in the south of France associated with the author of the " Sentimental Journey." He then crossed the Alps, and at Genoa remained for some time in tlie same house with Mr. Rosenhagen, a man v^liose abilities w^ere once considered of so high an order, as to entitle him to the suspicion of being " Junius.'* After this, he viewed all the great cities of Italy, and spent the festive season of the Carnival at Venice. It is singularly unfortunate, that but few traces of this journey, and none of the former now remain. Had Mr. Home committed his ob- servations to paper, there can be but little doubt, that he would have produced an instructive work, replete with information and research. Since the time of Addison, we have had but few learned travellers, and, with only one or two soli- tary exceptions^ no political ones. Amidst this penury of information, it is perhaps more curious than useful, to speculate on what would have been the opinions and the remarks of a IJ'GS. LIFE OF JOHN HOHNE TOOKE. 7I man, who united all the fervor of etithujiliism with ci talent for discernment; and to a hearl burning with the love for liberty, joined acool and calculating head. In France, he had an oppor- tunity of contemplating a people humbled bv a foreign foe, and subdued by the ministers of a feeble domestic despot*^, who, reclining in the arms of indolence, luxury, and volnj)tuousness, was wholly inattentive to his own glory, the happiness of his subjects, or the fate reserved for his unfortunate successor. In the parlia- ments, however, he must have beheld a faint, but yet a seductive image of the ancient states- general, which had been occasionally convoked during a period of three hundred and fifteen vears, and included the representatives of the commons, ever since the reign of Philip le Bely at which period a middle class of men had arisen, between a powerful body of nobles, and an op- pressed peasantry. To a mind so instructed, it would have been easy to have pointed out the original causes that led, first to the disuse, and next to the annihilation of this great assembly, which, like our own parliaments, contained a haj)})y mixture of the dignitaries of the church, the great proj)rietors of land, and the dcjmties of the cities and towns. * Louis XV. 72 LIFE OF JOHN HORNE TOOKK. 1765. This signal triumph over popular liberty was achieved by the princes of the Valois branch; yet it could not have proved lasting, but for the regular army, first introduced during the reign of Charles VII, and rendered necessarily per- manent^ in consequence of the invasion and successes of the English. The tyranny of Rich- lieu completed what a succession of kings had nothitherto been able wholly to effect; and at the period when our traveller visited that country, political liberty had long ceased to exist, while personal freedom was of course illusory and insecure. Attached, from a thorough conviction of its excellence, to the municipal institutions of Eng- land, he would have eaniestly deprecated a form of government, which rendered the monarch un- safe, and the people wretched; like Hume, Du Clos, and Chesterfield, he might have foretold that a national struggle would some day take place; while, from the manner in which the writings of Montesquieu, Mably, Raynal, Rous- seau, and Voltaire were received, he could have easily predicted that this epoch was actually at hand. But,alas! nothingshort of inspiration could have enabled him to prognosticate that a sudden and portentous revolution was to he speedily followed by a military tyranny, and a govern- 1^65. LIFE OF JOHN HORNE TOOKE. '^3 merit exhibiting all the most odious features ot" oriental despotism established in the midst of Euro])e, at the commencement of the nineteenth century. In Italy, he beheld a country which had given laws to the world in ancient times, and, by a strange concurrence of events, proved alike the cradle of science and superstition during the middle ages. Amidst scenes ren- dered fiimous, and in some measure sacred, by the poets, historians, warriors, legislators, and patriots of ages past, he might have either calmly contemplated the classic page of antiquity, or have solved the modern paradox, res])ecting the sudden declension of its cities, and the corre- s])ondent degeneracy of its inhabitants. He could easily have told us, by what magic the external greatness of Lucca, of Pisa, and of Florence was produced. In Genoa, where he resided luany months, he must have contem- plated, with a philosophic eye, the remains of a state, or rather of a single town, which had en- grossed the lucrative trade of the Black Sea; awed the Mediterranean with its armed gallies; with its caravals, rendered tlie north of Va\- rope tributary to its commerce ; by means of a podcsta^ governed Pera, the key to tiie im- perial city of Constantine; and set the whole power of the Byzantine cni])irc at defiance. 74 LIFE OF JOHN HORNE TOOKE. I765. A mind so gifted, could have accurately traced the history of Venice^ from its hum])le origin in the island of Rialto, until the time, when, like Britain, it claimed the sea for its patrimony; first shared, and then engrossed the commerce of Egypt and of the East, and, finally, wafting the heroes of the cnisade to the shores of Syria, besieged ConBtantinople, and divided the remains of the Greek empire with the Turks. Instead of agree- ing with an elegant, but too pliant historian*, " that the twelfth century produced the first rudiments of the wise and jealous aristocracy, which has reduced the doge to a pageant, and the people to a cypher;" his ardent and inqui- sitive spirit, would have at once revolted at, and detected a sophism, contradicted by the testi- mony of history; for he well knew, it was not until the great council, or popular assembly, had been shut up, and the legitimate prerogatives of the first magistrate violated, by a jealous oli- garchy, consisting of a few patrician families, that this powerful commupity began to decline; At length, bereaved of its wealth, its commerce» its power, its libertj-, and tottering to its des- truction for want of a due balance, after ex- periencing several centuries of happiness, and even of glory, it lately fell a ready sacrifice to French perfidy and Austrian rapaciousness. * Decline and Fall of the Roman Empire, vol. viii. l^Gb. LIFE OF JOHN IIORNE TOOKE. fb But it is full time to terminfitc this digression, and return froni speculation to facts. On his arrival at Montpelier, Mr. Home and his young friend visited all the genteel com- pany in that place, both French and English. Among the latter was the late duke of Bnc- cleugh, accompanied by the celebrated Dr. Adam Smith, author of the " Wealth of Nations," as a travelling tutor; and Mr., now sir Thomas Hussey Apreece, who has lately exhibited some claims to the barony of Latimer. It was during his residence in a city, which, by the caprice of fashion, was then deemed emi- nently salubrious, and is now carefully avoided during a large ])ortion of the year, on account of the deleterious effluvia of the neighbouring marshes, that Mr. Home seems to have first re- collected his pledge to the famous patriot whom he hud left in exile at Paris. He now commenced un epistolary corresj)ondence, by means of a letter equally singular and indiscreet. The following is the only conect and authentic copy which has ever appeiu'ed; and no attempt shall l)e here made to palliate, far less to justify, certain pas- sages, Mhich cannot be excused in any point of >ie\v, ui under anv circumstances whatever. 76' LIFE OF JOHN HORNE TOOKE. 1/66. "TO JOHN WILKES, ESQ. — PARIS. " Montpelier, Jan. 3, 1706. " DEAR SIR, " I well recollect our mutual engagement at " parting, and most willingly proceed to fulfil *' my part of the agreement. " You are now entering into a correspondence '' with a parson, and I am greatly apprehensive *' lest that titk should disgust; but give me " leave to assure you, I am not ordained a hypo- '' crite. It is true I have suffered the infectious "^ hand of a bishop to be waved over me; whose *^ imposition, like the sop given to JudaSj is only a signal for the devil to enter. *' I allow, that usually at that touch — ' fu- giunt pudor verumque, fidesque. In quorum *' subeunt locum fraudes, dolique, insidiseque,' ** &c^ &c. but I hope I have escaped the con- *' tagion; and, if I have not, if you should at *' any time discover the black spot under the *' tongue, pray kindly assist me to conquer the " prejudices of education and profession. " I have not received as yet any letters from *' England. I believe there are a iew left for " me at the Post-house, at Marseilles; but I do *' not expect any intelligence in them: I hoj)e for a « I7()t). LIFE OF JOHN HORNE TOOKE. 7/ *' some from you, relative to yourself, that may •' jrive me j)leasure, tliongli I am half afraid the " hopes of the present ministry have miscarried; " for lord St. John, of Bletso, not long since ** showed me a letter from the duke of Grafton, *' excusing himself for not appointing his lord- *' ship to the embassy of Constantinople, and "mentioning the nomination of Mr. Murray; *' at tjie same time, his lordbhip told me, that he, ** too, had long been soliciting that employ- *'ment: I wish there hud been no greater ob- *' stacle in your way than his lordship's interest " and merit. " I passed a week with Sterne, at Lyons, *' and am to meet him again, at Sienna, in tlie *' summer. — Forgive my question, and do not " answer it, if it is impertinent. Is there any " cause of coldness between you and Sterne? " He speaks very handsomely of you, when it *' is absolutely necessary to speak at all; but " not with that warmth and enthusiasm, that I " expect from every one that knows you. Do " not let me cause a coldness between von, if *' there is none. I am sensible my question is " at least imprudent, and my jealousy blame- " able. " Sheridan is at Blois, hi/ unlet of his majesti/, *' and with a ])ensiun; inventing the method to *' give a proper pronunciation of the Knglish a (( a 78 LIFE OF JOHN HORNE TOOKE. l^^G, " language, to strangers, by means of sounds " borrowed from their own. And he begins " with the French. I remember, a iew years ago, when an at- tempt was made to prove lord Harborongh an idiot^ the council on both sides produced the " same instance ; one of his wit, the other of his *^ folly. His servants were puzzled once to un- '' pack a large box, and his lordship advised them " to do with it_, as they did with an oyster, put *' it in the fire, and it would gape! *' This commission of Sheridan appears to me *^ equally equivocal. And should a similar sta- '•^ tute be at any time attempted against his ma- " jesty, they who do not know him may be apt " to suspect that he employed Sheridan in this " manner, not so much for the sake of fo- " reigners as his own subjects; and had per- *' mittedhim to amuse himself abroad, to prevent " his spoiling our pronunciation at home. " 1 have this moment seen a letter from Eng- land, that tells me that Fitzherbert has sent you a p,ower to draw on him to the amount of " 1000/. a year: " Eutrapelus, cuicunque nocere volebat " Vestimenta dabat pretiosa* : * As this well quoted passage afterwards became 3 sub- ject of contention, the whole of it is here subjoined: I76C. LIFE OF JOHN IIORVE TOOKE. 79 '' I am afraid this is Eutrapellan generosity; " and that, by furnishing' you u ith the means of " pleasure, they intend to consign you over to *' dissipation, and the grand points of national " liberty and your glory to oblivion. I am sure *' thcv will be mistaken; nothing little or com- *' m4>n is for the future to be pardoned you. *' The public have done you the justice to " form extravagant notions of yow; and though " they would be very sorry to see you neglect " any opportunity of sening your })rivate in- *^ terest; yet they hope never to have cau«e to " reproach you as Brutus did Cicero. — ' Tliat it '* was not so much a master that he feared, as ** Anthony for that master.' You perceive how freely I deliver my sen- timents; but all this is uttered in the openness '■' of my heart, and ought not to oifcnd you, as '' it proceeds from a man who has always both " Eutrajjelus, cuicumque nocere volebat, " Veslinjcnta cJabat prttiosa. Beatus eiiim j.ijn " Cum piilrris tunitis sumet nuva consilia et. .s|)es : " Doranct in njceni; scorio posipoiiel hjiieslurn " Olficiuni; nuinmos alienos pascel: ad imutn " Thrax crit, aut oliUris agci niercecJe caballutn." Epiit. ad Lollium, 812, Ilor. Lib. I. Volgninius Eutrapelus was a companion of the projlipatp Anthony, and is mciuioned by Cicero, both in his lipistlo^ and Philippics (I 80 LIFE OF JOHN HORNE TOOKE. l'/66. " felt for your sufferings, and spoken highly of " your conduct in the public cause. In the •^ meantime, " I am, dear sir, " Your most obedient, *^ and very humble servant, " John Horne." Of the first portion of this letter, enough has been already said, and it is to be hoped, that the writer, on this occasion, rather flattered the supposed opinions of his new acquaintance, than exhibited his own. The remainder is equally curious and interesting; for it proves that Mr. Hornehad already detected the secret views of Mr. Wilkes, who had long wished to repair to a distant part of the world, in some honourable and lucrative employment, and that of minister to the Ottoman Porte had been actually selected by himself. It appears evident, too, that his intelligence was so excellent, that he had be- come acquainted with the negociation with the Rockingham administration, in consequence of which, a considerable annuity was to be paid this gentleman, while he remained in exile, with a view of keeping him quiet. The sum in ques- tion, however, was not to be taken out of the \7^^' LIFE OF JOHN IIORNE TOOKE. SI ))ublic money, Ijiit levied l^y a voluntary suh- Ncription iVoni the salaries of tliove in place. Whether it was, that Mr. Wilkes was picjued at the disfovery, or mortified at the disclosure of this transaction, is uncertain; hut trne it is, that no answer was ever returned to this sin- gular epistle. Whatever may be its faults, no one can deny, that the sentiments disclosed in the latter part of it, are as just and connnend- able, as those in the former are oftensive and indi.^crcet; and it will readily occur, that therein is develoj)ed, even at this early period, not only that warmth of sentiment, but the same noble scorn of corruption, which the writer steadily evinced throngh life. Meanwhile, the neglect with which he was treated, could not but prove trying in the extreme, to a man eager to cultivate an in- timacy with Mr. Wilkes; who had been j)re- vailed upon to accept an invitation to a lite- rary intercoui"se, and had committed himself, in a manner, and to an exent, whence it was impossible to recede. Notwithstanding all this, on his return to Pari-^, in the course of the en- suing «i)ring, Mr. Jlorne loimd means to see tht; exiled patriot, without undergoing either the torujality or humiliation of a visit. This o})por- tunity of tkinundiug- an exjilanation was not snf VOL. I. G 82 LIFE OF JOHN HORNE TOOKE. 1/6(7. fered to escape; but every attempt to gratify his coriosity v. as skilfully parried for a time by the gallant colonel, who, over a bottle of burgundy, in a jocular manner, and with his usual flow of wit and vivacity, endeavoured to convert the whole into a joke. Finding, hoAvever, that his correspondent was too serious to participate in his witticisms, he concluded by denying the receipt of the fatal epistle! But notwithstanding our traveller had reason to suspect his veracity, even at that period, yet a reconciliation actually took place; and al- though he soon after learned, that the letter in question had been actually shown to numbers, accompanied with a menace of publication, yet this instance of treachery, superadded to untruth, was freely forgiven. Being now about to repair to England, where it was necessary that he should resume his cle- rical dress and functions, Mr. Home deter- mined to leave his fashionable clothes at Paris, whither he had determined to return in tlie course of a few months. He accordingly con- fided his wardrobe to the care of Mr. Wilkes, as may be seen from the folloAving curious note, transmitted to that gentleman ou the morning of his departure. 17^/. klFE OF JOHN HORNE TOOKE. 83 " Paris, May 25, 1767. *' DEAR SIR, " According to your permission, I leave "vvitli '• you: 1 suit of scarlet and gold, cloth. 1 suit of white and silver, cloth. 1 suit of blue and silver, caniblet. 1 suit of flowered silk. 1 suit of black silk. 1 black velvet surtout. If you have any fellow feeling, you cannot '^ but be kind to them; since they too, as well " as yourself, are outlawed in England; and on '' the same account — their superior worth. " I am, dear sir, *'' Your very affectionate, " humble servant, '' John Horne." G 2 CHAPTER Ilf. FROM 1768 TO 1769. Mr. Home hecoynes a papular Preacher — a new Direction suddenly given to his Habits of Life, hi/ the JVIiddlesex Election — his successful Exertions in behalf of Mr. fJ^llkes and Ser- jeant Glynne — an Anecdote, MR. HORNE returned to England during the summer of 17^7; ^nd leaving the young gentleman committed to his care at the paternal mansion, he repaired to his vicarage, and re- sumed his former course of life. Having pre- viously resumed his hlack coat, he proceeded as hefore to discharge the various functions attached to his office; which, during his absence, had been ably supjdied by a curate. He had now held the cha])elry of Brentford during a period of seven years, and was greatly respected by all around him, not only on account of his moral, but his companionable qualities.of both which, all 1/08. LIFE OV JOHN HORNE TOOKK. ^5 men cither are, or pretend to be ju(lt::es, wliile his singular talents, hitherto undeveloped to the public at hirge, were only nnveiled to a few who knew how to admire and appreciate them. I am in possession ot two anecdotes, con- nected with the present portion of his life^ one of which I learned from one of his relatives, and the other from himself. Having aspired about this time to become a pojmlar divine, he Avas often solicited to preach in Jseveral churches of the metropolis, and frequently officiated at St. Paul's, Covent Garden. On one of these oc- casions, after having recapitulated, with his accustomed ability, the leading princi])les of the Christian religion, in a short, but argumen- tative discourse, he was followed into the vestry by two well-dressed females. The elder of these informed him, that her niece, miss ****j had l)een greatly affected with his sermon, and havitig had many strange doubts, for a long time, ])reying on her mind, relative to certain points of doctrine, the young lady was extremely desirous to have her scruples removed bv a person of his high character and talents. This of course led to an acquaintance, and Mr. Home Avas ever after accustomed to boast, " that he had h)ui)d the young lady an iiitidcl, and left her a good meird)er of the •hurcli of iMiglaiid/' 86 LIFE OF JOHN HORNE TOOKE. 1/68. The other is of a different kind. Having been requested to preach a charity sermon, at St. John's church, he prepared himself accordingly; and, not knowing that there were two parishes of this name, the one in the city, the other in its im- mediate vicinity, he happened to repair to the wrong one. Qn discovering the mistake, he immediately hurried away to St. John's, Shad- well; and on his arrival was told, ''that the congregation had been singing psalms for half an hour, in expectation of the famous Mr. Home." Upon this, he hurried on his gown, and prepared to ascend the pulpit, Avlien, lo! he discovered that he had forgotten his manuscript. In this new dilemma, a clergyman, who happened to be present, offered to supply him with a dis- course, " on the dignified conduct of St. Paul before Agrippa." This, although little to the present purpose, was readily accepted, and as he luckily recollected his own text, Mr. Home at length resolved to gratify an impatient au- dience. He accordingly commenced, with a suitable introduction, conceived and pronounced extemporaneously ; he then proceeded to the argumentative part, which he borrowed chiefly from the sermon before him, supplying the de- clamatory portion by tiie usual alluring and persuasive doctrines in favour of public charities. 1763. LIFE or JOHN HORNK TOOKE. S After this, in a sliort but ))Ithy peroration, lie smiimcd 11]), and !:trengtliciiod all the former reasons and inducements for alms-^iviiiii;; and, finally, concluded with a most pathetic address to the feelings of his heaix^rs. On his descend- iuir, he was complimented hy the rector afid churchwardens, for his very able discourse, which was attended with such a beneficial effect, that the coiiii^rcgation proved unusually lil)eral; so that the sum obtained far exceeded any thing of the kind hitherto received at any antecedent })eriod. There is abundance of proof, indeed, that Mr. Home was now considered an auitable impression on all who heard him. In j»hort, he might not only have been greatly re- •"pccted, as a jiopular ])nstor, hut was still in a iair way to become one of tlie ])illars of the An- glican church, when a njemorable event occurrefl 88 LIFE OF JOHN HORNE TOOKE. I'/GS. in the political worlrj, and proved an iinsui'- nmuntuble, although not, perlietps, an unexpected obstacle to his fatnre jjreferment. The well-known politician, with whom he had became acquainted at Paris, in 1/^8, most unexpectedly offered himself, about this period, as a candidate for the county of Middlesex. Although the minister of New Brentford was not ignorant of the vices of that celebrated cha- racter, yet he well knew how to distinguish between him and his cause: against the former, he was constantly on his guard; while, in respect to the latter, he had always been favourable to it, and that too, in no ordinary degree. Of his talents and intrepidity, he was well assured, and by this time, he was not so ignorant of the world, as either to hope or expect, that no one except a man of an immaculate character, should enter the forum, as an advocate for popular rights. — But it may be here necessary to pouitray this singular person, as- he was not only intimately connected with the history of that day, but also with the future fortunes of the subject of these memoirs; who evinced him- self by turns, his kindest friend, as well as bit- terest foe. John Wilkes, the son of an eminent distiller, was a native of London, a circumstance of 1"6S. LIFE OF JOHN HORNE TOOKE. 89 which he seems to have frequently boasted. His mother appears to have been a dissenter, while his father was so innch attached to revolution- principles, that, in order to escape from the pos- sible contagion of a political stain, the son was not allowed to conij)letc his education at either oftheEniilish universities. He was, therefore, sent to Leyden, to finish his studies in the coun- try which had p:ivcn ])irth to William HI; and while in that city, formed an acquaintance with Mr. Baxter, who first made him known to the world by the dedication of a work * of some ce- lebrity. HavinjT been su])plied Avith a liberal allow- ance, he was enabled, during his travels, to form an acquaintance w'ith the dnkc of Grafton, and several of the English nobility, together with many commoners of distinction. Soon after his return from abroad, he paid his ad- dresses to fin heiress -}- ; and, on his marriagxi with that ladv, settled at Aylesbury. On the introd\iction of a national militia, he distin- guished him««elf as a warm advocate for a mea- sure, intended jiartly to counterbalance the sup- ])osed dangers of a standing army, and partly * Mallio, sivc Cosmolhoriii piicrilis Dialogus ; in quo prima ricmcnla tie muiidi ordiiie, cl ornatu propunuiilur. t Mis^ M'.'adc. 90 LIFE OF JOHN HORNE TOOKE. l'/6S. to render the introduction of foreign troops un- necessary; but which, strange as it may appear, was neither relished by the government nor the people. At its first institution, he accepted of a com- pany in the battalion raised in the county of Buckingham ; and, on the retreat of his friend, sir Francis Dashwood, afterwards lord Le De- spencer, earl Temple, with whom he lived in great intimacy, in his capacity of lord-lieute- nant, conferred on him the command of the regiment. Colonel Wilkes commenced his political ca- reer in 17^4, as a candidate for the city of Ber- wick, and published an address, on that occa- sion, fraught with ample professions of purity and patriotism. Proving unsuccessful there, he afterwards represented the place of his residence in two successive parliaments, having acquired the good will of the inhabitants, as well as of the neighbouring gentry, by the fascinations of a polite address, and the hospitalities of a plen- teous and elegant table. Attached to the elder Mr. Pitt, whom he had constantly supported, from a conviction of the great talents and capa- city of that celebrated statesman, he contem- plated his removal from the helm with equal re- gret and indignation ; and strove, by all possible \j6S. LIFE OF JOHN HORNi: TOOKE. gi means, to render his successor odious to tlic people. This was eftected without any great dilhcuhy. The marked esteem of the kiui^ and the princess dowaij:er, the ieahjusy muieralJv al- tendant on power, even the very country of the new premier, contributed to render him suspect- ed ; and he became eminently un])oj)ular, when contrasted with his illustrious rival. Mr. Wilkes, at th6 age of thirty-four, first displayed his talents, as a party-writer, by a pamphlet severely animadverting on the public documents relative to a rupture with Sj)ain ; an event which had been foreseen, and was intend- ed to have been anticipated by the ex-minister. — In 17G2, in conjunction with Lloyd and Chnrchlll, he jniblished the first number of the " North Britain," a pa])er unexampled, in point of circulation, since the time when sir Robert Walpole was attacked in the " Craftsman." Isi this periodical work, at once saliiical, popular, and vituperative, the delicacies of ])rivate life, the feelings of the second lady in the kingdom, and the majesty of the throne itself, Mere not deemed sacred. One duel with lord Talbot, tlic steward of the king's household, in which the colonel conducted hiniself with great gallantrv; another with Mr. Martin, treasurer to the prin- cess dowager of \Vales, in conscfiuence of w hich 93 LIFE OF JOHN HORNE TOOKE. l^GS. he was rlangeronsly wounded ; added to several attempts at assassination, at once endanG:eied the life, and endeared the person of Mr. Wilkes, to the public. In addition to this, happily for him ! the laws themselves were violated in his person ; as he was arrested, by a general warrant, for a libel, on the 29th of April, 1763 ; in conse- quence of which all his papers were seized, and he himself made a close prisoner. This pro- ceeding', by connecting his cause with a grand constitutional question, added to the number of his adherents ; while his dismission, bv a roval order, from the command of his regiment ; a prosecution by the king's attorney-general ; the dereliction of one of its choicest privileges on the part of the house of commons, in order that he might find no protection from his qua- lity of a representative ; all these tended to ex- cite the indignation of the people. After obtaining a verdict, with large damages and costs of suit, against the two secretaries of state *, who had authorised his arrest, the member for Aylesbury found it necessary to re^ tire to the continent, and was, soon after, ex- pelled from one house; while another addressed * The earls of Egromont and Halifax^ I7C8. LIFE OF JOHN HORNE TOOKE. 93 the kiiip: to prosecute him a-ncw, in conse- quence of an " Essay on Woman," a p,ross, in- ilelicate, and flai^itious })ul)]ication ; of which however, only t'.vc4ve copies apj)ear to liave been printed ; a\ liile tlie one now produced (tlie only one ever })ublished) hud been obtained by the bribery and subornation of a domestic. Tlie intrepidity of Mr. Wilkes did not succumb un- der the greatest misfortunes that can attend a man ; on the contrary, he boldly returned to his native country ; and this exile, and outhnv, nho had spent his own patrimonv, dissipated his wife's fortune, and was accused of cheatinir an hospital, now offered himself as a candidate for the first city in the empire. Nothing daunt- ed by a repulse there, he next determined to re- present that county which was the seat of the laws he had violated ; of the parliament hv which he had been expelled and prosecuted i and of the prince to whom he had rendered him- self ])erionallv obnoxious. Such was the devperate ^tate of Mr. Wilkes's affairs, when his cause was advocated by ihu niini-iter of New Brentford. That "-entleman soon proved, that he enjoyed considerable ui- ihience, not only in his own inunediate neigh- bourhood, but, also, ihroujihout the whole county; and, as he jmssessed but little proj)c2ty, 94 LIFE OF JOHN HORNE TOOKE. I'/GS. and few connexions there, it is but fair to attri- bute his unexampled success to zeal, character, and talents alone. Accordingly, while Dr. Demainbray, who had married his own sister, and all those attached to the court, wfere busily employed on the other side, he was active, laborious, and indefatigable. Scarcely allowing himself time for the usual re- freshments which nature requires, he was em- ployed, sometimes on foot, and sometimes on horseback, in canvassing the county, enume- rating the merits and the sufferings of Mr. Wilkes, palliating his errors, and a})ologising for his follies. Such animated and unceasing exertions were attended with correspondent ef- fects ; but so notorious was the poverty of the candidate, who had been lately repulsed in his attempt to represent the metropolis, that he did not possess either money oi credit sufficient to open a single house at the usual place of elec- tion. This deficiency was instantly supplied by the enthusiasm of Mr. Home, who pledged him- self, on that occasion, to the amount of all that he was then worth in the world, and thus ob- tained the two best inns at Brentford. It Avas he who infused a portion of his own gpirit and ability into the committees for ma- r.aging the contest ; it was he who, sometimes 17^8. LIFE OF JOHN IIORNE TOOKE. 93 in company with the popular candidate, and sometimes bv himself, addressed large bo- dies of the electors, who had been collected in diflercnt places for that purpose. In short, in oj)j)osition to calculation, and as if to set expe- rience and precedent at defiance, Mr. Wiikes, whose fortune was desperate, and whose person was liable every moment to be seized by a tip- staff, proved finally successful. In consequence of a generous burst of indignation, excited bv a clergyman of the church of England, whose whole income arose out of a small benefice, the latter thus suddenly, as if by magic, found means to return an outlaw, a^ kniglit of the shire for the county of Middlesex, by the votes of a great majority of freeholders. On this, as on all future occasions, he care- fully avoided every appearance of force, con- straint, and violence. Although the populace w^re decidedly on the side of Mr. Wilkes, yet no encouragement whatsoever was given to tu- mult. A similar moderation, however, was uot displayed on the part of those w ho managed the election of the unfortunate candidate i for ruf- fians, designated from their arms by the ap- pnjj)riute name of bludgeuu-men, were hired and embodied ; and these were ItL loose on the unoffending multitude, several of whom were 0^ LIFE OF JOHN HORNE TOOKE. l/b'S, desperately wounded, while a person of the name of Clarke perished on the occasion. On the other hand, Mr. Home, who, as may he easily supposed, was a man of strong pas- sions, being now in the full possession of youth, health, and animal spirits, like many others of the sairie age and temperament, doubtless both did and said what would not have obtained the sanction of his maturer iudo-mcnt. Accustomed to feel acutely, and express himself energeti- cally, he was not altogether calculated either to forget or forgive with so much promptitude as M. de Chauvelin, a counsellor of the parliament of Paris, who, about this time, established a perpetual mass, to return God thanks for pre- serving the life of Louis XV, who had banished him from his native country for his attachment to the laws. On the contrary, he went somewhat into the opposite extreme on one memorable occasion, and ap])eared nearly as violent as the cure of Rosainvillicrs, who, during the disputes about the bull Un/genittis, exclaimed, from the pulpit, " that he himself would be the first to dip his hands in the blood of the Jansenists *." In ^hort, during the Middlesex election, au expres- * Le Sicclede Louis XV. l^OS. LIFE OF JOHN IIORNE TOOKE. 97 >ion tlroj)t hastily tVoiii his mouth, ^\hi(.•h had never seriously entered his lieiirt, '' tliat, in a cause so iust anil so holv, he would dye his hhick coat red '." This, coming iVoui a clergy- man in full orders, and within hearing: of hij^ own ])ari'ihioners, ])roduced a considerable sensation, was carefullv recorded hv his euc- mies, and aiterwards repeatedly quoted by his. tjiioudam friends, when they wished to lessen his influence witli the public. The two ministerial candidates, ujion this oc- casion, Mere !*ir William Boauchamp Proctor, and Mr. Cooke ; the former of whom scen)s to have rendered himself the most odious. To that gentleman, Mr. Home addressed a series of letters, which a])pear to have been of a very warm complexion, as may be gathered from the lollowing quotation : — • " Were I to adopt the coarsest language which is used by hone^t indignation to the most ])ro>titute and abandoned characters, I think I should be justilied in tliis address to you." — The author, who, as usual, aflixed his signature, added: "I have yet a character to lose ; for 1 liave never siirned mv name to a lie." On thi-., as on manv , on the part of the popular candidate, yet the house of com- mons negatived the return of the sheriffs ; and, by a new vote, i\.j)ril \i, not only ivsohed as before, " that the election ol John Wilkes, es(j,, was void," Ijut added, " that the honourable ITenrv Lewes Luttiell, ()u;:Iit to liave been I'c- turned, and now is (hdy elected a knight ol' the shire ior the count v of .Middlesex." 102 LIFE OF JOHN HORNE TOOKE. If 68. On this, the mob became furious against colonel Luttrell, who soon after obtained the office of adjutant-general in Ireland ; and had it not been for the personal interposition of Mr. Home, that officer would have fallen a victim to their resentment; for it was he who rescued him from their clutches, and conducted him to a place of safety. This generous conduct must surely be allowed to have been worthy of ap- plause; but, such is the deadly enmity of politi- cal contests, that it rendered him, ever after, suspected by many of that party, and, on a future occasion, was frequently quoted against him, as an indelible offence. Notwithstanding this, he proceeded in his ca- reer; and, on the death of Mr. Cooke, which occurred soon after, he pointed out one of his own friends as a proper person to represent the county in his place. On this occasion was selected a learned Ser- jeant, who had rendered himself dear to the minister of New Brentford, by his upright and independent professional conduct. He had ex- erted himself with equal energy and ability against lord Mansfield's doctrine of attachment for a supposed contempt in case of libel, and w'as the first practitioner who had dared to con- trovert the legal opinion? of the chief justice. V*6S. LlPE OF JOHN HORNE TOOKE. lOo Jle had also given his gratuitous assistance, during the late contests, and was in general looked up to as one of the most sturdy, as \vell as conscientious lawyers of his day. The fol- lowing are the precise words in Avhich he a\ as reconnncuded to the county by the subject of these memoirs :— " I beg leave to present Mr. Glynn to your choice. I know his principles to be as firm, and his heart as incorru])tible, as his conduct is modest and moderate, and his abilities uncontradicted. Complete your work, and place by the side of your jiersecuted patriot, Wilkes, his strenuous and disinterested defender, ^ilynnl" About this period, a riot took place in St. lieorge's Fields, and the mditary being called in, -a young man of the name of Allen, who was ;dterwai*ds proved to be an innocent and distant spectator, was unhappily ])ut to death. Mr. (lillani, a magistrate, who had given the ordtMs to fire, was afterwards tried for his life, and on hi^ acquittal, a co])y of the indictment was granted liim by the court, iu express opposition, however, to the; opinion of Mr. justice (ionld, one of the judges who p^e^ided. On these, ason all similar occasions, Mr. Tlornc rejjeatedly exposed his life, to collect the wit- nesses, secure the supposed nmrderers, and bring 104 LIFE OF JOHN IIORNE TOOKE. 17^5. the authors and actors to justice. He -was at first promised, hy the party in op])osition, that a parliamentary inquiry should take place in re- spect to that transaction ; and, in consequence of their intended intervention, forhore to publish the particulars, contenting- himself with merely stating a fcxv facts to the freeholders of the county, assembled at the Mile-End assembly- room. It was be, also, who sup])ortcdthc wi- dow Bigby, in " the appeal of blood," against the murderers of her husband. Being aware, from his kno^vledge of the ancient laws, that, in a case of this kind, the king's pardon, which had been lately pleaded, could be of no avail, he retained Mr. Dunning, at his own expense ; hut, so novel was the practice, and so many the obstacles thrown in tlie way of that great advo- cate by the lord chief justice of the King's Bench, that it was fouiul almost impossible to proceed *. He also, nearly at the same time, inter j)osed, to * Two broUiers, of ihe name of KtMinedy, had been con- victed of the murder of John Bigby, a walchmaii, oji West- minster Bridge, As this event was accompanied with many atrocious circumstances, and notiiing could be advanced in extenuation of such a wanton and l)arbarous deed, it was, of course, expected, that they were to expiate their crimes by a shameful death, 'iliis would, accordingly, have occurred, but for the charms of their sister, the I'amous Poll Kennedy, I'j'Gs. Lii E or .mux iiouNi: TOOKE. 105 briny; Edward M*(.)iriik, a chairman of notorious Lad character, (who had been hired (hirini;' the election at Brentford,) to justice, for the innrder of George Chirke: but, altliou^li lie was con- victed of tlic criine, bv the verdict of a jnrv. yet the mini'sters were j)revailed upon to grant a free pardon to the offender. On tills occasion, Mr. John Foot^ a surgeon, dej^osed, that the blow given had proved fatal to the deceased; and afterwards ])ub]ished an able j)an)ph]et on this subject, which obtained liini great credit; but I liave since di>covercd, 1)V an oriiiinal document, that, although the chirargical facts proceeded from h\< ])en, vet iliat, with this e.\ce])Lion alone, the whole of that very })Oj)uIar production was written bv this zealous partisan of ])opular rights. Nor did hi-; intrej)idity, on this occasion, prove jess cou'^jjicuous than his talents. Thinking who pos*e*;sctl suiTicient influence, first to obtain a reprieve, and next a p;ir(loii. I'.veri tliis niiglil have proved iiK-nectuai, liowevtM", liad it nut hceii for the avarice of the \vi(h)\v, who was guined over hv the sinn of :{jO guineas, advanced by a nobleman nilh whom nii^s K. tlieii lived. ^Ir. Home Toolifc hitely a-i- b'jred me, ihu the lale Mr. Arth'ir IMuridiy was the |)ersoti who paid the money; and that .Mrs. nigl)y, alur hairi;liiii; for a lonti time as to the amount, Onally insislc>ld '. 106 LIFE OF JOHN HORNE TOOKE. l/^g. there might be some difficulty in obtaining a warrant from the magistrates to apprehend the rioters during the election at Brentford, he de- termined to effect his purpose by means of the constable of the night alone. Accordingly, ac- companied only by that officer, he actually seized those who had participated in the murder of Clarke, while they were assembled at an ale- house in the neighbourhood of Covent Garden, although one of them, on account of his gigantic figure, had been ironically denominated " the infant," and, notwithstanding liquor had been freely distributed, made them prisoners. It was about this time, that Mr. Home ob- tained som€ influence in the town of Bedford, and, in consequence of this, soon became an elec- tor. The duke of Bedford, the patron of that corporation, had rendered himself extremely un- popular, partly by having ncgociated the peace of Paris, and partly by a political alliance with the duke of Grafton, who had lately deserted from the party of the earl of Chatham, and, erecting his own standard, became prime mi- nister. By way of retaliation on the former, it was determined to attack him in what was deemed a vital part. Accordingly, on discovering that he was extremely obnoxious in his own borough. 1J*G9. LIFE OF JOHN' HORNE TOOKE. 107" a successful attempt was made to liberate it from his influence. In this political struggle, the subject ol the present memoir most heartily con- curred; and, as he never did any thing by halves, became one of tlie most active of the insurjrents. The contest took place Sej)tenibcr 4, 17^9, on the elcctio!!. of mayor and bailiffs. Tbe duke, who was present, tinding himself unable to pre- vail in his wish, not to add to the number of freemen, requested of the corporation to nominate tAventy of his own friends. When the names of those on the popular side were read, he re- strained his indignation, until that of "John Home" was j)ronounced, when his grace was pleased to express himself with great bitterness. On a division, this candidate was however elected, by a majority of six, there being seven- teen votes in his favour, and eleven against him. Junius, with his accustomed bitterness, was pleased, on this occasion, to denominate tlie nobleman in question, " the little tyrant of a little corporation," and observed, " that, to make liis late defeat more ridiculous, he had tried his whole strength against Mr. Home, and was beaten on his own ground*." • Letter XXIII, p. 237, vol. i, ed. IdlJ. lOS LIFE OF JOHN IIORNE TOOKE. 17^9' An event occiirred about this period, -uhich serves to show, that the subject of" tliesc memoirs, had ah'eady turned his attention to some of the most abstruse and difficult questions connected M'ith the theory and practice of English juris- prudence. In 17^9, when his friends, the aldermen Townsliend and Sawbridge, hap})ened to be sheriffs of London and Middlesex, sentence was passed at tlie Old Bailey, on John Doyle and John Valline, two Spital Fields weavers, who had been ca]ntally convicted, in the follow- ing words: " You, the prisoners at the bar, shall be taken from hence to the place from whence you came, and from thence to the usual place of execution ; where you are to be severally liangcd by the neck till you are dead, and may ts of four parts: '•' The sentence of the court. '• The recorder's warrant. *' A stating of a sign manual; which is not our case. " A conclusion, which is not our question. " The case and the question, therefore," add they, " referred by his majesty's command to the twelve judges, is neither our case nor our question. '^ For these and many other reasons, my lord, we wish humbly to entreat his majesty, that the same method may be followed with us as was practised in sir Edward Coke's case; who, after having been chief justice, was appointed sheriff of the county of Buckingham, and, taking four exceptions to the oath proposed to him, both his exceptions and his reasons were, by the lord kee])er, laid before all the judges, and received each u separate answei', with their reasons." On November 30, it was notified in an official letter, that the judges were of opinion, " that tlie time and place of execution are in law no PART of the juli. If you are either unable or unwilling to do tliis, I shall most certainly treat you as the author, and, in justice both to myself and others, who are every day thus malignantly and Avickedly vili- fied, shall take the best advice in the law, if an action will not lie for such atrocious defa- mation, and if I may not hope to make an example of the author of it. " The scurrility in general which has been of bite so heaped upon me in the public papers, I have hitlierto treated with the contempt my friends and my-df thought it deserved, and suffered it to pass with impunity; but tliis last is so outrageous, and tends so much to wound my character and honour in the tendcrest part, 124 LIFE OF JOHN HORNE TOOKE. ^7^9' that I am determined, if practicable, to see if a jury will not do me and the public justice " against such a libeller; and whether they will " not think the robbing an innocent man of his " character is a robbery of the most dangerous *' kind, and that the perpetrators of it will stick " at nothine;. *' For the present, I must content myself with " only laying before the public the two following *• letters, which will explain to them all the *' knowledge I had of the detestable fraud, which *^ has been taken advantage of to cliarge me " with corruption; a crime, which, of all others, ** I hold the most in abhorrence. I defy the whole world to prove a single word in your libellous letter to be true, or that the whole is " not a barefaced, positive, and entire lie. — " That it is so, I do assert, and I call upon any " body, if they can, to disprove what I say. " George Onslow." " COPY OF A LETTER TO MR. ONSLOW. " Neiv Bond Street, June 25, 1769. '* SIR, " I BEG you will pardon my thus addressing *' you, a liberty I could not think of, was any " thing less than my family's bread at stake. — l/Sp- LIFE OF JOHN HORNE TOOKE. 125 '^' Some weeks past, my husband paid a large sum *' of money, whicli gave us inex])rcssible sorrow *' to raise, to a party, %\ho protest they are em- " powered by you to insure him, in return, the " collectorsliip of Piscataway in New Hamp- " shire. I have been told this day one Hughes *' is in possession of the same, and the treasury " books confirm the news. I beg leave most " earnestly to entreat you will inform me whether " Mr. Hughes is under any engagement to re- *^ sign, or whether we are duped by those who " have taken our money. " Mr. Burns has had the strongest recom- " mendations from persons of undoubted vera- " city, and I believe, on all accounts, will be *' found to be perfectly capable and worthy of " the employment. '^ Once more I entreat, good sir, you will ex- " cuse this trouI)le, which is caused by a heiut '' almost broken with the fear and terror of a ** disappointment. " With the profoundest respect, " I am, sir, ** Your most obedient " Imrable servant, '« Mary Burns." 126' tIFE OF JOHN HORNE TOOKE. ITtJj). " MR. ONSLOW'S ANSWER. " Ember Court, June 27, 17G9. ^' MADAM, " YOUR letter was brought down to mc *' hitber only to-day, or I should have answered ^' it sooner. Without having the honour of " being known to you or Mr. Burns, it gives me " much concern that any body should be so im- " posed upon as you have been, and as much ••' indignation, that my name should be made so " infamous a use of. I should have been under *^ an equal degree of surprise, had I not this " morniniif had some intimation of the matter " from Mr. Pownall and Mr. Bradshaw, and " made some inquiry into it of Mr. Watkins at " Charing Cross, with a determination to sift " this shocking scene of villainy to the bottom; *^ and which I shall now be encouraged in by the hopes of getting your money restored to you, as well as the earnest desire I have to " bring the perpetrators of tliis roguery to the *' punishment and shame they deserve. " For this purj^ose, might I beg the favour of *' Mr. Bums to meet me at mv house in Curzon *' Street about ten o'clock on Friday morning, I *' will go with him to Mr. Pownall's^^ of which I 176'9. iiFE or JOHN iiorxe tooke. 12* ** have given him notice; and I wish Mr. Burns " would bring with him Mr. Watkins, or any '' body else that can give light into this unhappy '^ and wicked affair. " Till this morning I never in my life heard a *' single word of either the office itself, nor of " anv of the parties concerned : you will judge " then of my astonishment, and indeed horror, " at hearing of it to-day from Mr. Bradshaw, " I am, njadam^ &,c. " George Onslow. " P. S. Since the writing of the above letters, '• more of this fraud has been detected, and far- " ther inquiry is making, in order to bring the *' actors in it to justice. A woman of the name ' of Smith, who lives near Broad Street, is the person who appears to be principally concerned " in the fraud, the money being, it seems, for " her use." The following bitter and sarcastic rejoinder appeared immediately after, in the same paper, and contributed not a little to draw the atten- tion of the public to a correspondence so new and singular in every point of view. 128 LIFE OF JOHN HORNE TOOKE. 17^9' " TO THE RIGHT HON. GEORGE ONSLOW. " GOOD SIR;, *' IF with another innocent man, lord Hol- *' land, yon, too, were ambitious to add to the " list of Mr. Walpole's right honourable authors, " you might, like him, have exposed yourself with *' more temper, and have called names in better " English. " I should be sorry to libel you by mistaking *• your meaning, but the strange manner of word- •^^ ing your first sentence leaves me at a loss to " know whether you intend that my letter, or " your o\^'n character ' is a gross and infa- •'* mous lie from beginning to end.' *' You may save yourself the expense of *' taking ^ the best advice in the law.' Depend *^ upon it you can never ' hope to make an ex- " ample of the author, when the publisher is '' unable or unwilling to give up his name." " And you need not wait for a jury to determine, "that S'obbing a man is certainly a robbery.' " But you should have considered, some months " since, that it is the same thing whether the *' man be guilty or innocent; and whether he be " robbed of his reputation or of his seat *' in parliament. 1769. I'IFE OF JOHN HORNE TOOKE. 12^ "111 the Public Advertiser of Friday, July 14, *•' tliere is a letter from you as well as to you. " It' that is the scurrilitif you sj)eiU< of, I agTee " with you, that it 1ms been treated ivith the con- " tempt it deserves by all the world ; but how you '' can say that it has passed with bnpiuiity I own " 1 cannot conceive, unless, indeed, you are of '' opinion with those hardened criminals who •■' think that, because there is no cor])oral suffer- " ance in it, the beint; giljbetted in chains, and " exposed as a spectacle, makes no part of their " jmnishnient. " The letter written by you to Mr. Wilkes^ " tends more ' to wound your character and *' honour' than any other, and yet you pass it " over in silence. But you shall, if you please, " prove to the world, that those who have neither *' character nor honour, may still be wounded in. *' a very tender part their interest. And I " believe lord Hillsborough is too noble to suffer *' any lord of the treasury to prostitute his name '' and commission to bargains like that I have '* exj)Osed ; but vill, if he continues to preside " at the board of trade, resolutely insist either " on such lord's full justification or dismission. " Il'inc illcL' Laehvyma\ '^ You * defy the whole world to prove a single " word in my letter to be true ; or that the whole \oi.. I. K 130 LIFE OF JOHN HORNE TOOKE. 17^9- " is not a barefaced, positive, and entire lie.' " The language of the last part of this sentence *' is such as I can make no use of, and therefore " I return it back on you to whom it belongs : the defiance in the first part I accept, and will disprove what yon say. " My ktter can only be false in one particular. " for it contains only one aflfirmation, namely, *' that I heard the story I relate from very good " authority. It then concludes with a question " to you of — ^who is this lord of the treasury that *•' so abhors corruption ? Which question since *' you have answereil, I too will gratify you, *' and, in return for yours, do hereby direct the *" printer to give you my name ; which, humble ** as it is, I should not consent to exchange with ** you in any other manner. *' Now, sir, I do again affirm, that I lieard the " story from the best authority : and that it is '^ not my invention your own letter is a proof, " for I might have heard it either from Mrs. " Burns, or from Mr. Pownall, or Mr. Bradshaw, " but I heard it from better authority. I go ^' farther, I do still believe the story, as I related " it, to be true; nor has any thing you ha4*e said '' convinced me to the contrary. I do not ** mean 'to charge you or anyone; but since *' you have condescended to answer my former \jG[). LIFE OF JOHN HOHNE TOOKE. 131 " question, be kind enough to explain what fbl- " lo\v<;. " Mr. Pownall is secretary to the board of ^' trade. Mr. Bradshaw is secretiiry to the ** treasury. Why did the?e secretaries come " tosrether to vou ? Were they sent by their "' ])rincij)als or not? Who first detected this very *• scandalous, though very ronimon tratHc? Ha-^ "not lord Hillsborough that honour? And iS ^' not your exaggerated * abhorrence of corrup- " tion, vour astonij^hnient, and indeed iiorrou *' at this shocking scene of villainy,' vastly '•' heightened by the calm, and therefore un- '* suspected disapprobation of his lordsliip; who "' does not seem to think witli you, that every *' whore should be hanged alive; but only that ' they should be turned out of honest com- pany. *' How came you so instantly to entertain hopes *' of getting the money restored to Mrs. Burns ? "when you declared, that 'till that morning, " vou never in vour life heard a single word of " either the office itself, nor of any of the parties **' concerned.' Jonathan W'ihl used to return *' such answers, because he knew the theft was " cpmmitttd by some of his own gang. " You pretend to have given to the public ' all " the knowledge you have of this detestable K 'J I a a 132 LIFE OF JOHN HORNE TOOKE. 17%- " fraud.' I cannot believe it, because I find '" nothing in your letter on which to ground your " hopes of restoring the money to Mrs. Burns ; *' and, especially, because in tliree weeks after " this letter, /. e. from June 27, to July 18, yoit " have only discovered, that 'Mrs. Smith ap- " pears to be principally concerned in this de- " testable fraud, the money being it seems for ^' her use.' Sir, do you not know whose Mrs. Smith is ? And are you not acquainted witli "^ that gentleman? Have you caused Mrs. Smith, or any one else, to be taken into custody? " Have you taken ' the best advice in the law, " and are you determined to see if a jury will '^ not do you and the public justice' for this dc- *' testable fraud ? Or is there yet left'one crime ^' which you abhor more than corruption ; and '^ for which you reserve all your indignation ? '^ But why this anger ? He that is innocent can '• easily prove himself to be. so ; and should be "^ thankful to those who give him the opportu- "■ nity l)y making a story public. Malicious and " false slander never a,cts in this open manner ; '• but seeks the covert, and cautiously conceals " itself from the party maligned, in order to '^^ prevent a justification. " U any persons have done your character an f' injury by a charge of corruption, ihet^ are most i 1769. LIFE OF JOHN HORNE TOOKE. 133 " guilty who so tlioroui^lilv l)clievcd you capable " of that crime, as to pay a huge sum of money " on tlie snjiposition : (an indignity Avhiclj 1 '' protest I uouhl not have offered to yoii, though " yon liad negotiated tlie matter, and given the promise yoursclt.) And yet I do not iind yon ' at all angry with them when they tell you their opinion of you without scruple. On the con- " trary, you pity Mrs. Burns in the kindest *' manner, which shows plainly that your honour " is not like Caesar's wife. Nay, you seem almost " to doubt, whether you ' might beg the favour '^ of Mr. Burns to meet you at your house in *'* Curzon Street;' that is, you humbly solicit *' Mr. Burns to do you the favour of accepting " your assistance in the recovery of his money. " Archbishop Laud tliought to clear himself '^ to posterity from all as])ersious relative to '' popery, by inserting in his Diary his refusal " of a cardinal's hat, not perceiving the disgrace ' indelibly fixed on him by tlie ofler. ' Mr. '* Burns has had tbe strouircst recommendations ** from persons ot undoul)ted veracity, and I " believe on all accounts will be found to be " perfectly capable and wortJiy of the emjjloy- *' ment." The letter from Mrs. Jiurns to yon " does, by no means, declare her to be an idiot. '* Colonel >3^-i (wiion) von l(>rl)(ar to lucntion,) 134 LIFE OF JOHN HORNE TOOKE. 1/%- " is a man of sense, and well acquainted with " the world. It is stranae thev should all three '• believe you capable of this crime, which, ' of ^' all others, you most hold in abhorrence.' *' Mr. Pownall, Mr.Bradsbaw, and their prin- ^'' cipals, are supposed to know something of *' men and things, and therefore I conclude they *^ did not believe you concerned in this business: " though I wonder much, that, not believing it, " both the secretaries should wait on you so " seriously about it; but perhaps they may think *' that Yvhen honour and justice are not the rules " of men's actions, tliere is nothing incredible " that may be for their advantage. " But, sir, whatever may be their sentiments " of you, I must entreat you to entertain " no resentment to me. My opinion of your ** character would never sufter me to doubt your *' innocence. If, indeed, the charge of corrup- " tion had been brought against a low and ^'' ignorant debauchee, who, without the gratifi- '' cations and enjoyments of a gentleman, had '•' wasted a noble patrimony amongst the lowest '* ];rostitutes ; vvhose necessities had driven him '*^ to hawk about a reversion on the moderate *• terms of one thousand for two hundred; whose " desperate situation had made him renounce his ^* princi})lcs Eind desert his friends, those princi- 1769. LIFE OF JOHN nORNE TOOKE. \3b " pies and those friends to which lie stood in* ** debted for his chief support ; who, for a paltry "" couiidcratioii, had stabbed a dear old friend, *' and violated the sacred rights of that g-ratefiil "' country that continued to the sou the rewanl " of his father's services. If the charge had *' been brought against such an one, more fit to " receive the public charity than to be trusted "' with the DISPOSAL and management of the ^' public money, small proof would have been *' sufficient; and, instead of considering it as a '' crime the most to be abhorred, we might have " suffered corruption to pass amongst the virtues " of such a man. *' But yours, sir, is a very diflercut character " and situation, in the clear and unincumbered *' possession of that paternal estate with which *' your ancestors have long been respectable ; *" with a pension of three thousand, and a place "■ of one thousand a year ; with the certain " pro«5jx?ct of lord O 's large fortune, which " your prudence will not anticipate ; grateful to " your country, faithful to your connexions, and " tirm to your principles, it ought to be as diffi- *' cult to convict you of corruption as a cardinal " uf fornication ; for which last purpose, by the " canon law, no less than seventy-two eve-wit-* *' nesses are necessary. (( a a 136 LIFE OF JOHN IIORNE TOOKE. 17^9' " Thus, sir, you see how far I am from cast- ing any reflection on your integrity : however, if, notwithstanding all I have said, you are still resolved to try the determination of a jury, take one piece of advice from me : do not " think of prosecuting me for an insinuation : alter your charge before it comes upon record, to prevent its being done afterwards ; for '^ though lord Mansfield did not know the dif- *• ference between the words when he substi- " tuted the one for the other, we all knoAv very " well now that it is the tenor, and not the " PURPORT, that must convict for a libel, which, ^' indeed, almost every student in the law knew '' before, *^ A Freeholder of Surrey." As this letter was obviously an aggravation of the original attack, Mr. Onslow, who had by this time, perhaps, discovered himself unequal to a literary controversy with his unknown an- tagonist, determined to appeal to the laws for protection. Accordingly, on a])plication to Mr. Henry Sampson Woodfall, the j)rinter, for the name of the author, the reply was: "^ The rev. Mr. Home, and he has authorised me to tell you so." Immediately on this, instructions were given to commence an action against that gen- 1769. LIFE OF JOHN HORNE TOOKE. 13/ tleman. and, creatly to the credit of tlie plaintift', mIio had his choice ot proceedings, this did not prove a prosecution at the suit of the king, on >vhi( h occasion, the criniinaHty and tendency of the supposed libel to disturb the public peace, ivould have been the only subjects for considera- tion : but a civil juit, in which the accusation jnust ap])ear to be false as well as scandalous, in order to entitle the plaintiff to compensation. The damages were laid at ten thousand pounds. The trial took place at Kingston, on Friday, April 6, 1770? before sir William Blackstonc, and a common jury of the county of Surrey, when Mr. serjeant Leigh opened the case in he- half of the ])laintiff. After briefly and ably stating the high rank anil dignified situation of his client, he insisted, that the publication in cjuestion, was a cruel and unjust attack on the character of that gentleman, not by a " common scribbler," but a man of al)ilities, " surrounded by friends, well known to the world, and con- siderable enough to be taken notice of." He added, " that it became Mr. Onslow, either to feink under this imputation, gross and false as it is, or to vindicate himself to a jury of his country ; and as lor damages, lie ho])ed they would be sucii as shall convince men Jor the future, that, let their wit, ca])acity, or connex- i3S LIFE OF JOHN HORNE TOOKE. l/^p. ions be M'hat they may, they shall not dare to prostitute them to so bad a purpose, as to attack wantonly, and without foundation, their neigh- bour's reputation." On the examination of Mr. Woodfall, it ap- peared that \hii first letter, printed in No. 10,913, of the Public Advertiser, was the only one he was authorized by the defendant to acknowledge, and the only one, concerning Avhich the plain- tiff had incjuired. The second appeared in another paper, and the printer had been in- duced to publish it, in consequence of a note written, as he believes, by Mr. Home, which could not now be produced. On this, Mr. Serjeant Glynn objected to any verbal account being given of a written paper not produced in court, not destroyed by inevi- table accident, or suppressed by the fraud of the defendant, the only two cases wherein a person is permitted to give parole evidence. He added, *' that the witness rested upon the testimony he was then giving, and of the conviction he hoped to obtain, to sci'cen himself from prosecution ; and this was not surely a case, when the com- mon, ordinary, established principle of law is to be departed from." jVIr. justice Blackstone declared his opi- nion, "^ that evidence should not be given upon 17^9' LIFE OF JOHN HORNE TOOKE. 139 ?uemon/ of tbe lumd-writlng of a letter tliat is not produced, merely upon the coinparL?on and similitude of hands ; and, if it rested on that evidence, he could not permit the printed letter to be read as Mr. Home's;, without produciuij the written one." Mr. Woodfall being again called, observed, that, in general, he never kept letters, as it would require a room as big as the largest barn in the county to hold them — that he had lately moved from one house to another, on which occasion, he supposes, the letter in question had been destroyed — and that he had searched for but could not iinil it. — On his cross-examination, he acknowledged, that even the j^"/.s^ letter was not pul)lished according to Mr. Home's direction — and that there was a material variation, consist- ing of tlie addition of esq. in tbe first line. Mr. Messsing, who was also of counsel for Mr. Home, remarked, that Mr. Onslow had under- taken to prove the tenor, and in this case, if tliere is any variation, however small, it would set aside this action : " There is a case*, wliere the word was nor, for not, the sense not being in the lea>t altered, and the determination of the court wa'', iliat this variation was fatal. In the * Qncen and Drake, reported in Salkcit?, (jOO. 140 LIFE OF JOHN HORNE TOOKE. I76g. present instance there was also a A-ariatlon, for it is written ' Ash Court, 11 July' in the paper just read, whereas it is the ' 11th' in the record, which comes Avithin tlie objection cited." On an appeal to the court, it was decided, *' that they ought to prove the alledged libel mentioned in the declaration Uteratim in the w^ords, letters, and figures ; if I admit the varia- tion of a single letter," adds the judge, " I do not know where to stop: if it is undertaken to prove the tenor of a libel, it must appear to be literally and numerically the same. Here, the party has not declared on the purport, which would have altered the matter. I cannot make a case of it, as desired, for then there must be a verdict for the plaintiflj which my brother Glynn will not consent to ; but a motion may be made to set aside the nonsuit and obtain a new trial, upon the ground of my being mistaken in point of law," In consequence of this decision, Mr. Home escaped with impunity for the present; but a new trial was soon after moved for in the court of King's Bench, on the ground of " misdirec- tion on the part of the judge." After hearing counsel on both sides, this Avas granted ; the usual preliminary steps Avere taken ; and, issue being once more joined by the parties, the cause I'by. LIFE OF JOHN HORNE TOOKE. 141 Avas set down for heiiring', at the ensuing Surrey assizes, before a special jury. On that occasion, a new count was added to the former dechira- tion, for " defamatory words" spoken before the freeholders of the county against one of tlieir representatives. Although the defendant did not plead his own cause, yet he interested himself greatly in all the proceedings; and, notwithstanding his high opinion of the abilities of his advocates, he differed with them about the mode of conducting the suit. It finally appeared, indeed, that he was right as to an essential point of practice, for they were overruled, as he had foreseen^ by the chief justice. The earl of Mansfield, who presided on this occasion, was accused by Mr. Home of hurrying on tlie cause a considerable time before the hour at which the jurv had been summoned to attend, and ill consecjuence of this talesmen were re- curred to, for the purpose of tilling up the places of five special jurors, who had not yet arrived. Be this as it may, Serjeant Cilynn and Mr- Messing, both of whom liad been again retained, insisted on the impropriety of prosecuting a con- stituent for making a charge openly, and in the face of his representative who had thereby an o])portunity of clearing him-clf, if innocent. 1-12 LIFE OF JOHN HORNE TOOKE. 1 / 69. Thev also contended, that no action for words will lie unless specific damages were proved ; andj above all, it was strongly and repeatedly asserted by them, that the evidence respecting the letters was insufficient and directly in oppo- sition to all the received maxims of lav/. Not- withstanding this, the chief justice, in his charge, sti'ongly urged the great impropriety, scandal, &c., of the various accusations made, and the defamatory libel uttered by the defendant, after which the jury gave a verdict for the plaintiff, with four hundred pounds damages. Undaunted at the result, and doubtless re- joicing at an opportunity of contending with, and perhaps foiling this learned and eloquent judge at his own weapons, Mr. Home deter- mined to appeal to a superior tribunal. Accord- ingly, on November 8, 177^, a rule was moved for in the court of Common Pleas, to show cause, why the second verdict should not be set aside, and the 26th of the same month was the day appointed for an argument on the question, before the twelve judges. Mr. serjeant Glynn,, on this occasion, re-stated his former reasons with his usual ability, and insisted, that the last jury had acted not only under misdirection on the part of the judge, but that the latter had delivered a charge to them, in express violation l/Cy. I'IFE OF JOHN HORNE TOOKE. 143 of the received principles of law. As this was deemed a point of great importance, to prevent a hasty decision, and give ample time for deli- beration, final judgment was adjourned until next term. On the recurrence of that period, the judges, on April 17, 177I5 finally and una- nimously declared in favour of the defendant, in consequence of which the second verdict was set aside. This, of course, aftbrded no small exultation to Mr. Home, who had directed and superin- tended the proceedings: as he had thus publicly proved, in the face of the whole nation, that the lord chief justice, great and able as he assuredly was, could not now be considered as infallible : and from this day forward, he took every opportu- nity to arraign the <;:onduct, underrate the talents, and oppose the opinions of that celebrated man. Nor did his resentment against Mr. Onslow end here ; for he opposed him at the next general election, and, being indefatigable in his canvass of the county, and a man of no common intluence, contributed not a little to prevent his return. Perceiving the hon. William Norton, now lord GrantJey, and who had just returned from his travels, to be a young man of great hopes and promising talents, he warmly seconded his pre- tentions, which appear to have obtained general 144 LIFE OF JOHN HORNE TOOKE. !/%• approbation, and that gentleman being accord* ingly elected, conducted himself so, as to give entire satisfaction to all parties, until, by the .demise of his father, he became a peer of the realm. Junius, who was afterwards one of the bitterest of Mr. Home's antagonists, at an early period predicted the fate of the controversy. In a private letter* addressed to Mr. Woodfall, dated "Wednesday night, August 1 6, 1769,'* he affects to express great contempt for Mr. Onslow ; and presumes to add, " depend upon it, he will get nothing but shame by contending with Mr. Home." Itls but justice, however, to observe, that both lord Hillsborough and Mr. Pownall publicly disavowed all knowledge of this transaction, the suit relative to which is said to have been attended with an expense estimated at not less than one thousand five hundred pounds to the plaintiff', while it cost no more than two hundred pounds to the defendant. * No. 7, p. 197, vol. i, of the new edit. There also will be found the two letters afterwards alluded to, vindicating the character of Mr. Onslow. CHAPTER V. FROM 1770 TO 1771. Mr. Ilorue suggests the Idea of a. Replt/ to the King, and obtains a Statue for tJie Lord Mayor. — Founds the " Society for Supporting the Bill of Rights." — Countenances Bingley in his Refusal to answer Interrogatories, MEANWHILE, the ministers still remained unpopular, and the county of Middlesex, whicli was deprived of the services of its favourite representative, was eager, on all occasions, to attack their principles and impeach their con- duct. On turning to the proceedings of this period, it will he found, that the vicar of New Brentford was not idle. Incited by his usual entljusiasm, he not only acted a conspicuous part on every public occasion, but for a time exercised a kind of paramount jurisdiction over all the political })roceediiigs of that day. A variety of pnjofs of his influence might be here readily adduced; and the following extract from. VOL. I. L 146 LIFE OF JOHN HOIINE TOOKE. 1770' an address of the freeholders to the king, moved and carried by him, April 30, 1770, at the Mile End Assembly Room, will at least tend to show, that the language of those times was not deficient in energy. " Your majesty^s servants have attacked our liberties in the most vital part ; they have torn away the very heart-strings of the constitution, and have made those very men the instruments of our de- straction, whom the laws have appointed as the im- mediate guardians of our freedom. Yet, although we feel the utmost indignation against thefactions, the honest defenders of our lights, and constitu- tion, will ever claim our praise : but that the liberties of the people have been most grossly violated by the corrupt influence of ministers, since the days of sir Koliert Walpole, is too notorious to require either illustration or com- ment." Not only petitions, but remonstrances to the throne, were at this moment meditated in various places. The counties of Middlesex and Surrey had requested his majesty to dissolve the parlia- ment, in consequence of the illegal rejection of Mr. Wilkes by the house of commons, after having been returned for the fourth time, as knight of the shire. On March 28, 17/0, the city of Westminster also voted a remonstrance, in which an allusion was made *' to the same 17rO. I^IF*- OF JOHN HORNE TOOKE. 14/ sccrcf and unlmppi/ influence to whicli all their jjrievanccs luivc l)een oriirinallv owins;." Nearly at the same time the lord mayor, aldermen, and livery of the city oi" London, in common hall assemhled, resolved on " an hum- hie addre<«. remimstrance, and ])etition." Bat on the sheriffs repairing as nsual to St. James's, to know his majesty's pleasure, as to the day when tliev should attend to ])resent the same, some diih (III ties were started on the part of the mini-sters; however, in consequence of th.e spirited conduct of Mr. Town^hend, the senior slierift", who declined the intervention of the two secre- taries of state, and refused to communicate to any other person than the king the su.hject ot their message, an audience was at length oh- tained. On this occasion the citizens, as nsual, complain to the sovereign : " that, under the same secret and malign influence, which, through every succes-jive administration, has defeated every good, and suggested every had intention, the majority of the house of commons have deprived vonr ])eople of their dearest rights. I'hey have done a deed more ruinous in its con- sequences," add they, " than the levying of ship-monov hy Charles the First, or the dispen- sing power assumed hy James the Second. A deed which must vitiate all the futvne proceed* L 2 148 LIFE OF JOHN HORNE TOOKE- ^77^- ings of this parliament^ for the acts of the legis- lature itself can no more he valid without a legal house of commons, than without a legal prince upon the throne. " Representatives of the people are essential to the making of laws, and there is a time when it is morally demonstrable, that men cease to he lepresentatives ; the time is now arrived : the present house of commons do not represent the people. " We owe to your majesty an obedience under the restrictions of the laws for the calling and duration of parliament; and^'our majesty owes to us that our representation, free from the force of arms or corruption, should he preserved to us in parliament. It was for this we success- fully struggled under James the Second ; for this we seated, and have faithfully supported, your majesty's family on the throne: the people have been invariably uniform in their object, thoueh the different mode of attack has called for a chfterent defence. " Under James the Second they complained that the sitting of parliament ivas interrupted, because it was not corruptly subservient to his designs : we complain now, that the sitting of this parliament is not inteirupted, because it is rorruptly snl)servLent to the designs of vour l/'70. T.IFE OF JOHN HORNE TOOKE. 149 majesty's ministers. Had tlic parliament under James the Second been as submissive to bis commands as the ])arliamont is at this day tv the dictates of a minister, instead of clamours for its meeting:, the nation would have run"::, as now, with outcries for its dissolution. *' The forms of the constitution, like those of religion, were not established for the form's sake, but for the substance ; and we call (tod and men to witness, that, as we do not owe our liberty to those nice and subtle distinctions, which places, and pensions, and lucrative em- ployments, have invented ; so neither will we be deprived of it by them; but as it was gained by the stern virtue of our ancestors, by the virtue of their descendant? it shall be preserved. " Since, therefore, the misdeeds of your nia- jesty'j) ministers, in violating the freedom of tdection and de])raving the noble constitution of parliament, are notorious, as well as subver- sive of the fundamental laws and liberties of this realm; and since vour maicstv, both in honour and justice, is obliged inviolably to pre- serve them, according to the oath made to (ioD and your su')jects at your coronation : we, vour majesty's remonstrants, assure ourselves, that your majesty will restore the constitutional go- vfrnmrnt and (jwitt of vonr pcujple, by dissolving 150 LIFE OF JOHN HORN£ TOOKE. 177^' this parliament, and removing these evil mini- sters for ever from yom' councils." His majesty, in his answer, was pleased to sig^- nify his concern, that any of his subjects should be so far misled, as to offer such an address and remonstrance. He at the same time pronounced the contents to be " disrespectful to him, inju- rious to his parliament, and irreconcilable to the principles of the constitution." There can be but little doubt that Mr. Home was minutely acquainted with every thing rela- tive to this famous remonstrance, and it was then supposed, that, if not the actual penman, he at least inserted some of the most striking passages, and corrected the whole. Indeed, it is a well known fact, that he transmitted a copy of it to the printer of the Public Advertiser, -ac- companied with an account of the ungracious reception experienced by the citizens. The fol- lowing forms the concluding passage: '' When his majesty had done reading his speech, the lord mayor, aldermen, &c. had the honour of kissing his hand; after which, as they were withdrawing, his majesty instantly turned round to his courtiers, and burst out q, Im/ghlng. " ' Nero fiddled whilst Rome was burning.' " For this very imprutkmt publication, a prose- l/'O- LIFE OF JOHN HORNE TOOKE. 151 cation was imiiiediiitely commenced on the part of the crown ; but after tlie King's Bench liad been moved on this subject, it was deemed proper to drop all further proceeding:s. A few davs after this transaction, a most loyal address was presented by both houses of parlia- ment to the king, in which the members, in the name of themselves and the people, " reject with disdain every insidious suggestion of those ill-designing men, who are in reality under- mining the public liberty, under the specious ])retence of zeal for its preservation." Notwithstanding this, the city, in its corpo- rate capacity, nearly at the same time, resolved to draw up and present a new address and re- monstrance, which was accordingly effected on the 23d of May, '^77% and read to the king, seated on his throne, by the recorder. As this is known to have been wholly written by Mr. Home, a copy of it shall be inserted in this place. 152 Lll^E OF JOHN HORNE TOOKE. l/T^- " TO THE KING'S MOST EXCELLENT MAJESTY. " Th humble Address, Remonstrance, and Pe- tition of the Lord Mayor, Aldermen, and Commons of the City of London, in Common Council assembled. *' May it please your majesty! - " When your majesty's most faithful subjects, the citizens of London, whose loyalty and af- fection have been so often, and so eflectually proved and experienced, by the illustrious house of Brunswick, are labouring under the weight of that displeasure, which your majesty has been advised to lay upon them, in the answer given, from the throne, to their late humble applica- tion, we feel ourselves constrained, with all hu- mility, to approach the royal father of his people. " Conscious, sire, of the purest sentiments of veneration, which they entertain for your ma- jesty's person, we are deeply concerned that what the law allows, and the constitution teaches, hath been misconstrued into disrespect to your majesty, by the instruments of that influence which shakes the realm. " Pei'plexed and astonished as we are, by tlie awful sentence of censure, lately passed upon 17/0. LIFE OF JOHN HORNE TOOKE. 15:i tlie citizens of London, in vonr majesty's an- SMer from i\\c throne, we cannot, without snr- renderinu- all that is dear to Englishmen, forbear most humbly to supplicate, that your majesty "vvill dtign to grant a more favourable interpre- tation oi this dutifnl, though persevering claim to our invaded birth-rischts; nothinf a ballot *. A multitudeof associations of thiskind had been suddenly created, and were either denominated ufter the places in which they assembled, such us, '' Appleby's" and the " Standard Tavern," or designated by the views of the leading mem- bers, like the " Antigallicans," the " Retrospec- * See the Life of Hurrrngton^ prefixed to the " Oceana.'' 1770. iU-£ OF JOHN IIORNE TOOKE. iGS lion," ^kc. These beini;" goneriilly more nu- merous than respectable, it was at leni^th deter- mined, in I'^Jf). to form one, ^^hich ^lu)uld have for its main oljject the jireservation of the con- stitution, as it had been established at the Revo- lution, and lit the suij:i^estlon ot Mr. llorne, who may ])e eonsiderod as the founder, it assumed the denomination of the "^Societv for snj)|)orting the Bill of Hiijlits." 'I'his met at stated times, at the London Tavern, and the following appear to have been the original members : Sir John KiMMiard, hart. Sir Francis Blake Dclaval, K. B Sir Joseph Mawbey, bart. Mr. Serjeant Glynn, M. P. for the county of Mi(hllcsex. Lord Monntmprris. Bev.l )r. Wilson, rector of St. StepiieUjWalbroke. Hov. John Ilorne. Air. Serjeant Adair, afterwards recorder of London. Die alderman Wilkes, MP. for Middlesex. Sawbridge, M.P. for London. Oliver, M. P. lor London. I'ownsiiend, M. P. for Calne. J{obcrt Morris, exj. a barrister, was chosen houorarv secretary; and W iliiain 'J'ooke, cs(|. treasurer. M 2 l64 LIFE OF JOHN HORNE TOOKE. 177^^' This society was originally instituted for the express purpose of su])porting all those whose rights had heen violated, whose fortunes had been injured, or whose persons had heen seized and imprisoned, in opposition to the laws of the land. The members were few at first, but re- spectable both for wealth and talents. Their meetings, their speeches, their resolutions, and, above all, their subscriptions, were attended with powerful effects. They inflamed the zeal of each other ; they inspired the public mind with energy, vigour, and resentment ; they supported those who were doomed to expiate their political offences by a rigorous imprisonment; and they found means to agitate some critical questions iu the courts of justice, tlie decision of which was attended with wonderful effect. Mr. Home, a^^ has already been intimated, was a leading man in this society ; and there h reason to suppose, thar he either drew up the whole or part of the fol- lowing instructions, intended to be presented by way of test, to all candidates, before their elec- tion to serve in parliament. Resolves of the supporters of the Bill of liights, on the 2.3d of July, 1/71, at the Lon- don Tavern : 1. You shall consent to no supplies, without a previous redress of grievances. 1770- i-^fE OF JOHN HORNE TOOKE. l65 2. You .shiill projnote a law, subjecting; each candidate to an oalli jii^ainst liaviujz^ used hri- }>ery, or any other illegal means oi" conijjasi,ing his election. 3. You shall j)roniotc, to the utmost of your j)o\ver, a lull and etjual representation of the ])eoj)le in parliament. 4. You shall endeavour to restore annual par- liaments. 5. You shall promote a pension and place hill, enacting, that any member who receives a j)lace, pension, contract, lottery-ticket, or any other emolument whatsoever from the crown, or onjoys profit from any such place, pension, &c. shall not only vacate his seat, but be absolutely ineligible during his continuance under such un- due influence. 6. You shall impeach the ministers who ad- vised the violating the right of the freeholders in the Middlesex election, and the njilitary mur- ders in St. (jeoriie's Fields. 7. You shall njiike strict inquiry into the con- ,he(l by Honrv Sanip'?on Wood fall. 3. The Middlesex Journal. l68 LIFE OF JOHN HORNE TOOKE. ^77^' the whole, by purchasing a htrge annuity, which, together with the remainder of his fortune, would have placed him equally above wiuit and meanness. But this society, oriijinaliv intended for ffe- neral purposes, was at length narrowed, by the arts of a few interested persons, into a committee, for the exclusive benefit of a single individual. Mr. Home, although he had taken an active part to promote the success and relieve the dis- tresses of Mr. Wilkes, was of course indignant at the idea. In addition to this, at that very moment, he had two favourite plans in view, connected with each other and with the com- mon cause; both of which he wished to be powerfully supported by the influence, the re- putation, and the treasury of the Bill of Rights. One of these respected a point of law inti- mately connected with the liberty of the subject; the other had for its object the freedom of the press, and the right of the constituents to be- come acquainted with the deliberations of their representatives on public affairs. Of these two questions, he wished to agitate the former im- mediately. A printer, of the name of Bingley, had been prosecuted for publishing a letter, from Mr. Wilkes, reflecting on the administration and 177<^- I-IFE OF JOHN HORNE TOOKE. l6<) the court« vf justioe. On this occasion, the evi- dence heiu": too defective for conviction, lord Man^Kekl adopted a novel, and, as it finally proved, an illegal mode of ]noceeding, never before practised since the abolition of the star chan»ber: for, in ex])ress defiance of that noble ])rinciple of English jnrisprndence, which wisely and humanely precludes a party from crimi- nating himself, this great man, had been in- duced from his hatred to libels, by which his own character was now almost daily assailed, to examine this ])erson, and, if possible, extract a confession, of guilt from his own mouth. He accordingly made a rule of court, for this ex- press j)urpose, and ajipointed a day to answer certain questions, on failure of which, he was to be committed for contempt. The doctrine of conviction, bv means of in- terrogatories, here alluded to, is familiar to the imperial law, in which, the intervention of a jury, that noble bulwark of gothic liberty, is unknown, an arbitrary power of decision Ixnng placed in the bieast of a single man. This mode of j)r()ceeding was at length adoj)ted in the ec- clesiastical courts of this country, and continued for ages, until it was enacted by statute*, that it shall not be lawful for any bishop or ecclesi- * 1 3 Car. I r, c. 1 2. 1/0 LIFE OF JOHN HORNE TOOKE. 1770. astical judge, to tender, or administer to any person whatsoever, any oath, whereby he may be compelled to confess, accuse, or purge him- self of any criminal matter, by which he might be liable to punishment. Our municipal tri- bunals, indeed, never once entertained the idea of obliging a man to disclose his own guilt j but the learned jndge, just alluded to, chose to consider this particular case, as a flagrant contempt of courts on which occasion, an attach- ment usually issues, and the party must either stand committed, or put in bail, in order to answer upon oath to such interrogatories as shall be administered to him, for the better information of the judges presiding. Such was precisely the case of Bingley, and a man less resolute would have sunk under the pressure of authority. Even he, perhaps, might either have been terrified, or persuaded to yield, but for the sulyect of this memoir, who held out the prospect of fame and of advantage; and, at length, succeeded in giving the ap])earance of a public, and even a national cause, to what at first had been a mere act of self defence, on the part of an obscure mechanic. The vicar of New Brentford rejoiced at i\\\ opportunity of once more entering the lists with this eminent judge; and, by long study and painful research, / 1770* LIFE OF JOHN IIOUNE TOOKE. IfX liad cndeiivourcd to qualify himself for the ar- tlaous contest. After tniring the stream of our laws to tlieir fountaiii-hcad, and drinking at the source, he conceived that they had heen ren- dered obscure and sophisticated in their descent. He had long viewed the conduct of the earl of INIanslield with a suspicious eye, and, on com- ])aring- his doctrines with those of lord Coke and the celebrated men of former times, he thought he had discovered certain assumptions of power, neither justified by the text nor the practice of our ancient institutions. He rejoiced, therefore, at the happy occasion, now presented by fortune, to vindicate the principles of our mnnici])al code, and, if possible, to humble a nobkiiian, whom he was pleased afterward to compare, not only to the Tresylians, the Key- lings, and the Scroggs, but even to the Jefferies of former days. Nor was he on this occasion wholly disap- pointed. Having called on the object of prosecution, he communicated his oj)inion of the injustice connnitted in respect to him, and found means to inspire this man with a stubborn deterndnation to resist. Proud of the protec- tion and encouragement he now received, fnllv convinced that he was correct in point of law, and holding iiim^t If lortli as a martyr lor liberty, 7 7- LIFE OF JOHN HORNK TOOKE. 1770. at a time when all snch were sure of support, this ])rinter, hardly serious at first, and Avho might at any time have heen liberated on a slight acknowledgment, now eA'inced all the courage of a hero. Flaming with zeal, he not only l)raved the rigours of a long confinement, but actually found means to take a voluntary oath, before a magistrate, in which he swore, *' sooner to perish in a jail than violate the freedom of his native country, by answering to interrogatories, uiiless put to the torture:"' a resolution from which he never once swerved. This person was now in the third year of his imprisonment, and the vicar of New Brentford, who had occasionally supplied his necessities, determined to obtain a large subscription for, and thus fully indemnify him, for the losses he bad sustained. Several opulent and respectable men had come forward on this occasion, and advanced sums to a considerable amount; but the name and influence of the " Bill of Rights" was still wanting. I'his, however, was supposed to follow of course ; and no doubt, indeed, could have been entertained of it, but for the interpo- sition of that very person, for whose Avritings the printer hnd already experienced a long and unprecedented confinement, and who now af- fected to think, and to declare, that the society 17;0. LIFE OF JOHN HORNE TOOKE. 173 was solelv devoted to liis support, ami pledged for the relief of his necessities alone. Accord- ingly, when it was moved, " that a sui)scription, to the amount of Hve hundred })ounds, he opened for Mr. Binglcv, for having refused to answer interroa:atories, and suhmit to the illegal mode of attachment," the patriotic alderman, hi^ hrother, his attorney, and a great body of his friends, found meiins to negative the proposition, although it had been repeatedly urged, that it was extremely politic at that moment, in order to encourage the printers to resist the menaces of the house of common-:, and that the abandonment of this spirited individual to his fate, would in- evitably produce doubt- distraction, and de- ;spondency, Ijinglev, however, was amjjly rewarded for liis zeal and perseverance; ami, while he himgeU thus acquired a certain degree of consequence, he became, at the same time, the humble, but meritorious instrument of great and lasting ad^- vantai:es to the communitv at lariic. Before such a cause, supported with such intrepidity and resolution, even lord Mansfield himscli was at length obliged to succumb. Tired with a struggle, which, while it laid him open to the most invidious accusations, on the part of his jenemies, secmqd to tarnish the lustre of liia re-r 1^4 LIFE OF JOHN HORNE TOOKE. l/T^- putation, in the eyes of his friends, and alarmed also, perhaps, at the threats of parliamentary investigation, he at length reluctantly consented to yield. The attorney-general was, therefore, instructed to move the court of King's Bench, for the discharge of the prisoner; and the latter was accordingly restored to his liberty, his family, and society, neither ruined nor dismayed by a personal contest with the greatest chief justice which England had beheld since the days of lord Coke *. Thus, to the pertinacity of a petty artisan, aided, counselled, and sup- ported by the minister of New Brentford, the nation is indebted for the abolition of a prac- tice, unsanctioned by our admirable nmnicipal ■(•ode; and which, although it might have oc- * On this occasion^ an appearance of much legal coquetry was displayed, between the Court of King's Bench, and one of the crown lawyers, about who should undergo the ridicule of permitting the prisoner to escape. The attorney -general, who had moved to bring up Bing- • ley, observed, " that he had nothing to pray against the defendant;" but lord Mansfield, after a solemn pause, replied, " that if iie moved nothing, nothing could be done, and every thing would remain as it was, in consequence of which, the defendant would still be in custody, as the court never acted but upon motion from without." Mr. Attorney, at length took the whole business upon him- vself, and moved in the regular manner for his discharge, * which was immediately assented to by the lord chief justice. 1/70. LIFE OF JOHN HORNF. TOOKE. 1/5 cusionally entra])po(l a criminal, would have rendered the hiws imgatory, and innocence itself insecure. The dispute concerning this individual was j)roductive of a variety of remarkable, al- though far inferior events, particularly the dis- solution of the club, known by the denomination of the " Supporters of the Bill of Rights." This was immediately followed by the institution of the "Constitutional Society," consisting chiefly of tlie most respectable of the old members, with an exclusion, however, of the Wilkites; and doubtless gave birth to the '' Whig Club," the " Friends of the People," and the " London Corresponding Society," in after times. Other results, which followed this singular contest, will be noticed hereafter; more esj)ecially the paper-contest, between the two chiefs, which occasioned a fatal schism among the friends t)f the common cause ; and, while it disjdayed the literary powers of the two ])nncipal combatants, afl'orded aniple exultation to the enemies of both ; and, like wars of another kind, finally proved of but little service to either of the helligercntt. CHAPTER VI. FROM 1770 TO 1771 Dispute and Correspondence with Mr. Wilkes. IT was almost impossible, from the nature of human affairs, that two such men as Mr. Wilkes and Mr. Home could agree during any long pe- riod ; for their characters, dispositions, and ul- timate aims, were entirely dissimilar. The one, perpetually instigated by his necessities, endea- voured to convert the current of public genero- sity to his own private advantage ; while the other, at once economical and disinterested, wished to distribute it into different channels, for the benefit and advantage of the community at large. In addition to this, they were both gifted with superior talents ; and both equally avari- cious of fame, although they approached her temple by different paths. Each, also, per- haps, considered himself best calciTlated for command, and most worthy of ])ublic esteem. The one couh.l not bear a superior, the other 177^^- LIFE OF JOHN HORNE TOOKE. I77 could not brook an equal : it was the rivalsliip of Poinpey andCiesar, on a !>rnallcr scale — not, in- deed, tor the enj])iro of'tlie world, hut the rule of a numerous, ])oj)ular, and formidable party. Tbib led, as in the former instance, to a civil war, and ended in a contest, during which, happily, ink, rather than blood, was most profusely shed on both sides. The minister of New Brentford was, indeed, desinms of rendering the alderman of London indej)endent, not out of any personal regard to him, but merely with a view of proving to the Avorld, that, in a free country, it h not in the power of a ])rcmier to ruin and ovcrv/helm an individual, whose cause was of a public nature. lie was anxious, at the same time, however, that the man menaced with ministerial vengeance slnmld conduct himself with jnopriety. Ac- cordingly, instead of flattering his follies, he had loudlv T)rotested against his luxurious mode tti' life, and expressed both his own and the public dissatisfaction at the laced liveries and French domestics of a j)er'>on supported by the bounty of others. When a verdict of four thousand ])ounds had been obtained against lord Halifax, for his misconchict relative to general warrant's, lie rcj)resente(l the ])r()j)riety of aj)pro- priating tliat tum towards the payment of his VOL. I. N 1/8 LIFE OF JOHN HORNE TOOKE. l/TO' own debts : this proposition, however, was re- jected ; and no motives of policy, honesty, or shame, could induce him to debar himself of a Single luxury, or advance a single shilling to his creditors. In addition to these original causes of estrange- ^nent^ there existed others of a peculiar nature. Mr. Wilkes always hated, or rather despised, the Americans ; and, even during his confinement in the King's Bencli, laughed at and ridiculed their pretensions to an independent legislative right of internal taxation. But no sooner did he receive a flattering letter from the Bostonians. accompanied by a valuable present, than the re- presentative for Middlesex changed his mind, and transmitted a flaming reply, in which h^ maintained, " that the colonies were the jt>ro- pugnacula imperii,'''' and himself a " friend to universal liberty!" This glaring versatility, as usual, produced repeated, but ineffectual remon- strances on the part of his coadjutor, but with- out any profitable effect. On the contrary, these remonstrances were combated with the keen and ready weapons of wit, irony, and sarcasm, until a breach at length became inevitable ; and the dispute relative to Bingley only contributed to hasten those hostilities, which could not have been much longer protracted. 17ri- LIFE OF JOHN HORNE TOOKE. 1 J'9 This meiiiorable contest took place in 1770, in conse(|nence of an account that a})peared in one of the newiipapers * of a meeting of the elec- tors of Westminster, relative to an impeach- ment of lord North. The writer appearing to reflect on Mr. Wilkes, who had taken the chair on this occasion, that g-entleman replied with some asperity, under his own signature, in a letter, dated " Prince's Court, near Storey's Gate, Westminster, Nov. 15," beginning with the following quotation from Churchill : — " Ah me ! what mighty perils wait The man who meddles with a state. Whether to strengthen or oppose. False are his friends, and firm his foes !" He was, at the same time, seconded by two anonymous writers, under the signatures of " Scourge," and " Cat-o-nine Tails," who at- tacked Mr. Home as the author. This immediately produced the following re- ply, in the Public Advertiser : — " TO MR. WILKES. " Monday, Jan. 14, 1771. '* SIR, '' An agent of yours declared, some time •' ago, that it would be useful to you and your * The Public Advertiser of Oct. 31. N 2 (C 180 LIFE OF JOHN HORNE TOOKE. 177^- " aflairs to come to an open rupture with me. — " From this opinion has flowed all the ahuse " which has lately been bestowed upon me in '^ the public papers. I believe you have mis- taken a strong inclination for policy, and have " yielded to a natural bias, in opposition to ho- " nesty and your interest. For near three " weeks past, I have been pretty closely confined '•' to my chamber by indisposition, and, except '■ the ' Public Advertiser,' have only seen such '^ papers as my friends have brought to me, " whose kindness made them feel, more sensibly '^ than myself, the injuries you have offered me. " I have hitherto seen very little worthy of an " answer, except the particular charges in the ''•^Gazetteer' of last Tuesday. I think it due " to the public, to my Iriends, and myself, to " give to each as particular an answer; Sir, as I " have never, either in public or private life, co- " pied your example — I shall not do it in this my " jnstiiication. Instead of a defence^ your me- '■ thod has always been to recriminate. On the " contrary, I shall, in this letter, confine myself " to the (barges brought against me. In a fu- " ture letter, I will explain the nature and causes " of the diil'eiences between us : they ought to " be made public, because the objects are not " private. 1771- LIFE OF JOHN HORNE TOOKE. 181 " The U'estminster business I shall reserve For '• my fiitnrc letter, because it is one of the pre- " tended causes of ditference. The other "■ charges, I think, are, — 1 . That * I subscribed *' to the " Society of the Billof Kights," but never " paid one shilling.' — 2. That ' 1 have received " amazing suu)s tor Mr. serjeant Glynn's elec- " tions, ten guineas each from most of his '^ friends.'—^. That ' I have received subscrip- " lions f(U" the widow Bigby's appeal.' — 4. That '* ' I have received subscriptions for Mr. Gil- " lam's trial." — 5. That 'I have received sub- '' scriptions for the affair of the weavers in Spi- •• tal Fields.' " These live charges I understand to be of a " public nature. After which, there is a charge '• uj)on me of a private fraud, in a story about '• Mr. Foote's pamphlet, and Messrs. Davis, the •' l)ooksellers. " These particular charges I undertake to aii- •' swer, and if there is any other that I have " omitted to take notice of, you will please to '* remind me of it. If there is any other that " yon have omitted, you have my free leave to " bring it. "First, I never did subscribe any thing to the " ' Society of the Bill of llights.' It is true, that, '' ill the accounts of that society, there \\\\\ be " found five guineas of my nioney : but these 1S2 LIFE OF JOHN HORNE TOOKE. 177^» " five guineas were paid by me at the moment *' of subscribing them, at the last subscription *' made at the King's Arms Tayern, in Cornhill, *' some time i-efore the establishment of the so- '' ciety at the London Tavern. Nor do I '' recollect, at any time, to have subscribed any '^ money without instantly paying down the '' small, but numerous sums, I have contributed. ^'^ These poor five guineas were received, and the " account of them brought into the society by "Mr.B . " The SECOND charge is, * The amazing sums '^ received by me for Mr. Glynn's election ; ten "^ guineas each from most of his friends.' The '' subject of this charge, no doubt, puts me in a " delicate and difficult situation, because the '^ particulars of it ouglit to be discussed only by " Mr. Glynn and the subscribers ; and I am " bound to be very careful, that, whilst I jus- ^' tify myself, I do not say any thing which ^' may give pain or displeasure to others. How- " ever, 1 think I can say enough on this head " to satisfy the most scrupulous, without hurt- " ing the most tender. 1 must premise, that I **^ have always carefully avoided three things; I *' mean the being placed upon any public occa- " s on in any situation of honour, trust, or pro- *' fit, from which my name, and my station, and " my inclination^ equally dissuaded me, I have 1771- I.IFE or JOHN HORNE TOOKK. 1 SS '•' been regiiliirly and inderatigably the dnuige of *' almost every popnlar election, ])rosecution, " and public business, — but never the object ot *' any one. For three years past my time has *' been entirely, and my income almost wholly, *' ap])lied to public measures. But, though with *' great caution, and sometimes obstinacy, 1 have *' taken care never to be the chairman of any " company, nor the ostensible manager or con- " ductor of any matter; yet I have not been " able to avoid being, on three occasions, the re- *' ceiver of money. One of them was the elec- *' tion of Mr. Cilynn. But there were no '' amazing sums in the case. The ten guinea " subscription amounted to two hundred and ** sixty-two pounds ten shillings, of which, for *' want of a more diliijent collector than myself, *■ only two hundred and twenty pounds ten shil- " lings have yet been received; and that sum. " has been ])aid away long ago either by me or *' by Mr. Ij , the trea>?urer of that subscrip- *' liuu. Mr. (ilyun, and the subscribers, must *• examine and settle that business ; and, if they '•' have nO objection, I am sure I shall have noTie, *' to lay each j)arii(:nlar article before the ]hiI>1ic. '■ — And now, 1 have; answered this charge as '' far as yon have Ijronght it, I desire to *' strengthen the charge, liy informing you, sir. ti a i 184 LIFE OF JOHN HORNE TOOKE. 177^' " that there was another subscription for Mr. Glynn's election. (Indeed the ten guineas were not subscribed for the expenses of Mr. Glynn " in his election, nor was any subscription for that pur])ose intended; the ten guineas were subscribed to pay the expenses of some dinners ' which about twenty of us agreed to give to the •' freeholders, in different parts of the county, in '^' the summer, whilst Mr. Glynn was on the '' circuit.) — The second subscription was made " only after the riot on the first day of election, " in order to pay the additional expenses in- " curred by that most villainous action, it seem- " ing very cruel and unjust that so barbarous *' and wicked a contrivance should increase the "expense to Mr. serjeant Glynn of a contest " already sufficiently expensive, and which had " been carried on about seven months against all *' the powers and infineuce of government. " This second subscription aujounted to 140l/., '' 98 1/. of which have been paid; 420/. still re- " main unpaid. Of this money, 400/. \tere paid '* into tlie hands of Mr. Vaughan, the treasurer •'• on this occasion; 340/. 10^. were paid into " the hands of Messrs. Lowry and Co., bankers, *' in Lombard Street: 240L IOa". were collected " by me, from time to time, as the subscribers *•' fell in my way, and were paid again by me as irri- LIFE OF JOHN HORNE TOOKE. 1^5 " occasion and o])porUinity offered: I likewise " drew on Messrs. Lowry and Co. for the money " in ihcir hands, with which I paid the de- " mands on Mr. Glynn, as far as the money " wonld reach them. On this point I can only ^' say, as before, that, if Mr. Glynn and the sub- " scribei-s have no objection, I shall have none, "to lay each particnlar article of receipt and ])ayment before the pnblic. riie THIRD charge is, 'That I have received ^' snbscrij)tions for the widow Bigby's apjjeal.' " The widfjw Bigljy's appeal was not brought '' by my direction; I do not mean that I disap- " prove it; I conunend the measure; and, if I *' had been ajiplied to, should have advised it. " I think the pardon granted to the murderers '' of Bigby was a horrid one, I think the samt3 " of the iiardon granted to M'Ouirk, and I do " not believe cither of them lawful. Mr. Stam- ^\fo?(!, the attorney who was employed by the " widow, aj)plied to a gentleman of character " and fortune in the city for assistance; that " gentleman l)rought Mr. Stamford to me, who '' told mo what he had done, and what he in- *• tended to do; but he declared himself unable '' to bear the expense and go on with the apj)eal, unless he was assisted immediately with money. " I undertook the m"Uer, made myself answer^ (C (C 186 LIFE OF JOHN HORNE TOOKE. 177^' " able to him, and assisted liim ivith money; *' and when I saw my friends, I applied to them " for their help, because 1 was unequal to the bur- *' den alone. I did not indeed foresee that any " member of the house of commons would " move for leave to bring in a bill to take away ** the right of appeal from the people in cases *' of murder; but I did foresee that lord Mans- " field Avould make such a motion and such a bill unnecessary ; and that he would, by studied delays and difficulties, most effectually take away the remedy of appeal, by showing us " that the most eminent counsel at the bar are '' not able to proceed in such a course as to ^' bring it to a trial: and I supposed that lie " would, as he has done, so protract the mat- "^ ter, by shifting his difficulties and his doubts, *' that either the proceedings on the ap])eal *' should be dropped, from the enormity of the *' expense, or the obstinate virtue of the poor " appellant have time to be cooled and cor- *' rupted. I expected onl} to show, what has " been shown, that lord Mansfield, who is so "^ dexterous at removing difficulties and short- *' ening the way to a conviction for libel, ac- *' cording to the modern method of prosecution, " is as dexterous in findinir out or creating ob- " stacles to a trial in the ancient mode of appeal 1771. LIFE OF JOHN HORNE TOOKE. 187 " for luurclerj which was formerly tlie subject's " 07?/// remedy*. And for this purpose I was " willing, and di'' declare my willingness, to " bear, if it was necessary, the whole expense *' of the prosecution. The few friends to whom " I spoke on this occasion were of the same sen- " timents; and they contributed towards the appeal. I afterwards found that good man. Sir , was as warm in this business as " myself; at his desire I waited on him, and as " he was anxious to be a sharer in the burden, I ** some time after sent a jj-entleman to him with " a list of the subscribers, and an account of the *' money paid to the attorney, and solicited him " earnestly to be the treasurer on this occasion. " Sir , for many reasons, excused him- " self. Very lately this othce has been kindly '' acce})ted by Mr. Tookc. He has the list and " the account, and the trouble of collecting the " subscriptions. I do not desire any jiart of it " to be kc])t secret. I have receiyed lio/. l6^., * "Something more loo has hcen shown; i.e. that the " suggestions on uhich the pardon for the Kennedies was " procured ;iie false; and that those who procured it still " know them to be cuilty, or they would not so obstinately " and corruptly have opposed a fresh trial on the appeal, " which was the only method to justify the pardon in an au- " then'ic mnnner, by producing; tlie new <:ircumslanci.'S " which nianiicstcd their innort nee. 188 LIFE OF JOHN IIOHNE TOOKE. I77i^ *^ and I have paid to the attorney 150/. ; and I *' have never heen less in advance than I am -at " present, which is 3^1. 4s, " The FOURTH charge is, ' That I have re- " ceived subscriptions for Mr. (jiliani's trial.' A " copy of his indictment was ilkgalli/ granted " to Mr. Gillam, in order to intimidate and dis- " grace another gentleman and myself. When " the request was made, the judges were at first " divided: Mr. justice Aston and Mr. Recorder '^ saw no objection to it, and they at last over- -persuaded the lord chief baron Parker: Mr. "justice Gould refused it to the last. Notwith- " standing this co])y of the indictment, I have '^ never hesitated to declare, that I did promote '* and assist that prosecution to the utmost of *" my power; hot I did not at any time receive " a feithing from any person on the account of "Mr Gillam's trial, or any thing relative to it, " and I do assert that there was no subscription *' for it. If yoy, sir, can discover a single per- " son who paid any subscri])tion to me, or to ** any other, on that account, it is your business " to name him; otherwise we shall know how " to name you. " The FIFTH charge is, ' That I have received " subscriptions for the affair of the weavers in *' Spital Fields.' I never did receive any subscrip- 1771« i-irE OF JOHN nORNE TOOKE. ISQ "" tion for the affair of the weavers in Sjiital Fields ; *"' there never was any snhscription on tliat ac- '* connt, or on any other, relative to the weavers " in S})ital Fields. I took no small ])ains, Avith '• other ijentlemen, to save the lives of some " innocent men; but though one was petitioned '' for hv the lord mayor and all the aldermen '' who sat on the l)ench at his trial, with the *• strongest circumstances in his favour, and '^ though another was unanimou>ly and strongly '' recommended to mercy by the jurv, they ** were both handed. — Their crime was not " murder. — I believe we had better success in '' our endeavours to stop the further merciless '' persecution of that unhappy body of men; but '* what we did was done without collecting '* money or subscription; and I do not believe *' that any money was paid, except twenty pounds, *' which I gave, out of my own pocket, towards " })rocuring counsel for one Baker, a journey- '' man weaver, whom lord Mansfield had re- " fused to admit to bail till term-time, and till " after heariiic; comisel; altbouah the same lord " Mansfuld confessed that he was committed " on a charge for an offence bailabh^ at the very " first view, and which did not admit even tho " shadow of a (hjubt. If any ])erson did snb- " scribe , under the name of prcis-i^angs, caressed their chiefs, gave the .sanction of his name and authority for all the con- htables, and let them loose against the laws, the peace, th« bbcrtic'S, and franthiinions of any persons con- "^ cerning my conduct, I shall not alter it : their '' uninformed opinions affect me little: 1 know " my own situation ; 1 must ever remain a poor *' and a private man, and can never be a can- " didate for the favour or confidence of the *•' public. The voice of the people is not the " voice of God to me, though (in the fair mean- " ing of the word people) I have never thought " it wrong; but it is the voice within me that *' shall ever be the guide of my actions. " It is not my intention here to open any ac- '• count with you on the score of private cha- " racter; in that respect, the public have kindly " passed an act of insolvency in your favour: " you have delivered up your all, and no man '^ can fairly now make any demand. I blame " your public conduct, and never had a differeuce •* with you on any other subject; and though it \77^' LIFE OF JOHN HORNE TOOKE. 195 *' hmidi! I can only ii:ive my own evidence. *' They uiU'.t, if they ])leuse, give theirs for *• themselves. But why tliis // your study and endeavour to show, '' it )ou can, their weak sides to the j)ul)lic. '* JoH> HoRNE." ig6 LIFE OF JOHN HORNE TOOKE. 1771. The above contains an answer to all the charges made agauist Mr. Home, amidst the asperity of party hostility; and, as it was followed, soon after, by letters from Mr. serjeant Glynn, Mr. W. Tooke, Messrs. Davis, and Mr. alderman Oliver^ testifying the disinterestedness of his conduct, must be allowed to constitute an able, as well as ample refutation of these calumnies. Notwithstanding this, and although all the inde- pendent and opulent men, belonging to the " So- ciety of the Bill of Rights/' had taken the side of Mr. Home in this dispute; yet the current of popular opinion now set in strongly against him, and he soon after became one of the most ob- noxious men in the kingdom. At the very time he was sacrificing all his prospects in life to advance the cause he had adopted, his name was execrated as a deserter from the side of liberty ; and, more than once, he was actually burnt in effigy in the metropolis. Notwithstanding this, after a short pause, he renewed the controversy, and proceeded, in the month of May, 177^? to expose the character and conduct of Mr. Wilkes, as may be seen from their correspondence, which would nearly fill a volume. Some of this series of letters are therefore necessarily abridged ; without omitting, however, a single passage of any importance; for, although they wcreeagerly read by the nation at 1771. LIFE OF JOHN HORNE TOOKE. 205 " that culled itself a gentleman, at a time when " verv honest men, who could distinmiish bc- tween you and your cause, and who feared no danger, yet feared the ridicule attending a pro- " hable defeat. Happily, we succeeded, and I " leave you, by rej)eated elections, the log;d re- " presentative of Middlesex, an alderman of *' London, and about thirty thousand pounds ^' richer than when first I knew you; myself by " many degrees poorer than I was before ; and I '"' pretend to have been a little instrumental in all " these changes of your situation. " I make no other reflection on your behavi- " our respecting my letter, than barely to sav, " that those who shall attempt to palliate or jus- *•' tify it, will want a justification themselves. " Publish it, however, \\hen you will. I am con- *' fident, as indeed I have likewise been assured " by many to whom you have shown it, that '' there is nothing in the letter of which I need " to be ashamed, unless there are any comj)Ii- '' ments t^ you ; of every thing of that kintl your " snbsetjuent conduct has indeed made me most lieartilv a-hamed. "' John Horne." 206* LIFE OF JOHN HORNE TOOKE. 1771- " TO MR. JOHN WILKES. (letter III.) « SIR, a MY first employincnt on my return to Eng- *' land was to reconcile you with Mr. Cotes, *' wiiom I thought you treated, in his misfor- *' tunes, with a barharous ingratitude : and at Pa- *' ris I exphiined to you my sentiments on the " subject, as freely as a stranger could who *' wished not to offend you. " From this time, till your arrival in England, *' I threw out' hints in the papers of your inten- " tion to offer yourself a candidate at the ensu- hed. " Thouiih this was the first time we ever saw ^' each other, you exacted from me, with very " earnest entreaty, a promise of correspondence. '•' I thouii;ht you at that time sincerely puhlic- " spirited, and a man of honour; I mean tliat *' soit of honour, wliich, though it docs not re- *' strain from had, prevents men from heing " guilty of mean actions. I wrote to you from " AIont])elier ; and, lest from my appearance you *' should mistake my situation, and expect con- " siderable services from me, I thought it proper *' to inform you, that I was only a poor couii- ^* try clergyman, whose situation, notwithstand- " ing his zeal, would never enable him to per- *' form any considerable service either to you or *' the public. Having told you my profession, 1 *' disclaimed, in a joking manner, those vices, " which, from the dependent situation of its })ro- *' fessors, are too frequently attendant on it — I *' mean hypocrisy, servility, and an a])ject atten- " ti(»n to ])rivate interest. Receiving no answer, " I (hd not repeat my folly : and, upon a second *' visit to yf)u at Paris, in my return from Italy " to England, in the year 1767, 1 saw reasons '* suflicient never more to ti list you with a single 204 LIFE OF JOHN IIORNE TOOKE. 17/1. " line; for I found that all tlie private letters of '^ your friends were regularly pasted in a book, " and read over indiscriminately, not only to " your friends and acquaintance, but to every " vifiitor. "In this second visit at Paris you reproached " me for not keeping my promise of corre- *' spondence, and swore you had not received my " letter. I was very well contented, though I ^^ did not believe your excuse, and hugged my- " self in the reflection, that I had furnished you " with only one opportunity of treachery. This " letter you copied some months, and showed it *'^ about to numbers of people, with a menace of " publication, if I dared to interrupt you. And ^' yet you cannot pretend to justify yourself by " saying, that it contains any promises which *' have not been abundantly fulfilled. So far *' from promising assistance, if 1 have any me- " mory, it declares an inability to assist. You " will not say that 1 courted you in your pros- " perlty, and forsook you in adversity ; you will " not say that I have been ungrateful, or that I " ever received any favours at your hands. I *' found you in the most hopeless state : an out- " law ; plunged in the deepest distress ; over- " whelmed with debt and disgrace ; forsaken by *Vall your friends, and shunned by evei'y thing IJ'jri. LIFE OF JOHN IIORNE TOOKE. 201 " whose life has passed in a constant, direct op- '■ position to the ])iiritv and precepts of the " gos])el ; whose creed, from tlie first article in " it to tlie last, is known to be non credo; sncli a " person, with Avonderfnl j)rudence, chooses not *' to open am/ account on the score of private *' character. I do not mean, sir, to be imper- *' tinent enough to a public, whom I respect, to *•' descend to those particulars of private life, iu '* which they are not interested, either to accuse " you, or to defend myself. The frailties, of " which I have repented, 1 will not justify. I " will not even plead, with Horace, '* ' Nee lusisse pudet, sed non incidere ludum ; ' '•' but I hoj)e to redeem and bury in oblivion *' every past folly, by great and virtuous actions, '■' by real services to my country. " Your letter of yesterday contains no charge, '• altlioiigh it })romises many. Every one shall ■" be fullv answered. I have only to desire, *' that your future letter, or letters, may ajjpear " before Midsummer day, because it is possible '■ that, by tlie favour of the livery of London, I " may, after that time, be wholly engaged in j)re- '■ j)aring for the duties of a very imj)oitant oiHce, ** and the faithful di^iciiarge of the sherij/'sou/hy *' not that, which yon J a tsi/ied. " I am, sir, your humble servant, *' John \V'ilkes." 202 LIFE OF JOHN HORNE TOOKE. 1/71. "TO MR. JOHN WILKES. (letter II.) " SIR, " THE motives of my conduct, and the na- " ture of our intercourse, (for it cannot be called " a connexion,) will best appear from the situ- " ation of each of us at its commencement. " Your motives will appear as plainly in its pro- " gress and conclusion. " When your troubles began, I was in France. I returned to England towards the end of the year 1/64. " I was quickly informed of all the political *^ transactions in England during my absence. '' My expectations and opposite connexions " were not so strong in me as those principles, '^' which all Avho know me know I always pro- *' fessed, long before there was a probability that " the times would ever call them out into prac- " tice. In this situation, I did not hesitate one *' moment about my conduct, but instantly de- '' clared my sentiments very freely ; and, during " my short stay in England, contributed my mite " to the public cause by publishing Avhatevcr " essays, hints, or intelligence, I thought might " be useful. *' In the year 1765 I repaired to Italy. Pass- 1771- LIFE OF JOHN HORNE TOOKE. 20/ *' and I (lid then, and do still think, that there " was no method hv which I conld do tiieater *' service to the puhlic, than hy esjiousing your *' cause ; which the weakness and wickedness of " onr court had made, to a certain degree, the " canse of every Englishman. '* Besides some credible information which I " had received since I first saw you concerning *' your character, and the danger which my se- *' cond visit had shown me there was in your '* correspondence, a j)articular transaction had *• made me forbear any connnunication with '^ you, though my sentiments of your cause re- *' mained nnaltered. — In October, 17^^? you *' came over to England ])rivately : my brother- *' in-law, Mr. Wildman, accidentally met you in •■^ the street, near his own house, in Argylc Build- *' ings, in company with your brother, Mr. " Heaton Wilkes: Mr. Wildman expressing his " surprise to see you, you told him you were di- *• stressed to find some place where you might " safely lay hid from fear of the outhiwry : he *' offered you his own house ; where you stayed '•' till you went back again to France. You re- *' ])rcsented to him your situation in France, '•' which made it proper for you to endeavour, '• by little jjresents, &c., to please your friends '• there, to whom you had obligations ; and re- SOS LIFE OF JOHN HORNE TOOKE. 177^ *' quested him to procure for you certain ar- " tides *, to the value of forty pounds, and to " send them directed for your friend Mons. " Sainte Foy, at Paris ; to whose hands you said *^ they woukl come without difficulty, examina- '' tion, or interruption, he being secretary to the *^ French minister, and great treasurer of the " marine : and you promised, that Mr. Wild- " man's bills for the money he should lay out '' on these articles should be paid at sight. Mr. *^ Wildman executed your commission with the " zeal of a friend, and chose to delay receiving " his money till some months after, when he was " himself to pass through Paris. In September, * " The following is a list of the articles which you com- missioned Mr. Wildman to buy : " Twenty-five bottles of the very best old Jamaica rum. " Twenty-five arrack. " Three gowns, chintz, one light-blue, one pink, and the other fine yellow ground. " Pamphlets. " Oroonoko, as it is acted now. " Romeo and Juliet. " Churchill's works. " Forty yards of fine flannel. •* ITwo projiigale arlkles, wh/'cfi Mr. Wildynan " 5 icould not funiish. / " La Philosophic de V Histoire. ** Le Philosophe Ignorant. " Le Dernier Ouvrage de Boiil finger. *' Every thing new from Voltaire." 17ri- I'JFK OF JOHN HORNE TOOKE. 209 " 1767, he waited on you at Paris : he lioped he " had executed your commission to your satis- " faction : you denied that the articles Iiad ever " heen received . He asked what he must do ; " and whether, if any accident had happened, it " nmst he his loss ? You replied, that he must " call upon Mons. Sainte Foy. " Mr. Wildinan then desired you to let him " have my clothes, which I had loft with you at '' Paris ; because I should not leave England so '* sooii as I had before intended, and when I did " go abroad, should not take the route of Paris : *"' you endeavoured to dissuade him from charg- " ing himself with the clothes, because of the " great rigor of our custom-house ; and when '^ you could not deter him, vou promised he *' should liave them soon. Mr. Wildman went " to Mons. Sainte Foy, was admitted, and told *^ him the cause of his visit; Mons. Sainte Foy " pretended that he could not understand either *' his French or his Enijlish : Mr. Wildman went " down stairs to call his valet-de-place, who uu- " derstood both languages well : when he would '' have gone into tlie room again to Mods. " Sainte Foy, his valet-de-chambre said — ' Sir, " my master is not at home.' In vain Mr. " Wildiium insisted, he had (juitted his master " l)ut tliat minute to call in his interpreter; the VOL. L. I' 210 LIFE df JOHN HORNE TOOKE. iff I- " servant persisted that — Hiis master was not " at home,' and Mr. Wildman could only procure " a repetition of the same answer. Mr. Wild- " man returned to Mr. Wilkes's house ; Mr. Wilkes was ^ not at home.' He repeated his vi- sits — ' Mr. Wilkes was not at home.' At length " he was informed that Mr. Wilkes Wii» gone to ^' his house in the country : Mr. Wildman went " thither after you ; Jiud you ]nomised to come " to Paris the next day and settle all matters , '^ Mr. Wildman returned to Paris with a MonS. " Goy, a name well known in England and in " France, and a constant companion of Mr, " Wilkes. Mons. Goy told Mr. Wildman, ' he " might as vrell save himself the trouhle of his *' visits, he v^ould get neither money nor clothes; " for that Mr. Wilkes was exceedingly distressed^ ''^ and had heen forced lately to pawn the " clothes.' The next day a note was left at Mr. *' Wiidinan's hotel with Mr. Wilkes's name, " Mr. Wildman, immediately on the receipt of *' it^ at noon, went to Mr. Wilkes's lodgings. The " sen^ants said, Mr. Wilkes was in the country. " Mr. Wildman then went to Messrs. Foley " and Panchaud, the bankers, and not finding *' any money left there for him, as you had by *' letter promised him there sliould be, he per- *' ceived that Mr. Gov had told him truths and irri- i-lTE OV JOttN nORNE TOOKE. 211 *' that be was tricked and langhrd at, and tbere- *' fore instantly quitted Paris.— Such was the *' return Avliicli yon, his ' afl'ectionatc friend,' *' made to my brother, your bospita})le friend, " for ' obhirations wbiili made it imj)ossible for " yon to express the feelings of your gratitude,* *' and for 'favours received under liis roof, of " whicli yr,n ])romised an eternal remembrance. " Mr, WiUiinan has since made the proper in- " quiries, and finds^ that the goods he was commis- *' sioned by you to procure were duly delivered. *' For my own part I never mad^ the lea*it inquiry "after my clothes, but have received a letter *' within tlie last three months from Mr. Pan- *' chaud, informinst nie that thev havd lonir been " in his jHissession. " Though the extreme njeantiess of thus filch- *' ing what you miglit have receiveerfectly safe, to Mr. '•' Panchaud's, the great English banker's. They " remained in my house. Rue de Saints Peres, " only from May till the November following, *' nor was any demand or request made to me " about them by Mr. Wildman, or any one else. " The story of Mons. Goy is, I am persuaded, an " absolute falshood. You aixi forced to own, ^ I *' have received a letter within the last three '^ months from Mr. Panchaud, informing me *• that they (the clothes) have long been in his '' possession.' Examine the banker's books : *' you will find the date is Nov. 21, 1767. You " say, ' for my own ])art I never made the least '' inquiry after my clothes.' I suppose for the " plainest reason in tlie world : you knew where ^^ they were, and that they could be no j)art of '* a clergyman s die>s in England, but that you '' were sure of so rich a wardrohe on vour next ' tour to France or Italy, a^ Paris would pro- S14 LIFE OF JOHN HQRNE TOOKE. IfT^' " bably he your route. This is all I know ofthe •' vestimenfa pretiosa oi ^utrapelus. I hope, sir, '' the putting them on will not Jiave the same *' effect on you as formerly wi him™ " Cum pulcr is tunicis sumet nova consilia et spes : Dormiet in lucem ; scorto postponet honeslum Officiuni; nummos alienos pasctt. '' Your charge about your hrother-in-law, Mr. " Wildman, is equally unjust. When I was in " England, in Octoher, 17^S, I lodged at Mr; *^ Wildman's house, in Argyle Buildings, on his ** own most pressing invitation. I had long " known him, aud for several years belonged ^' to a club, wbicli met once a week at the Bed- '* ford Head. Mr. Wildman desired to be con- " sidered, at this time, as the warm partisan of '^ Mr. Wilkes. He begged that he might he " useful as far as he could to me and my friends. *' I asked him to buy a little Welch horse for " a la(;]y in France, to whom I was desirous of " paying a compliment. I fixed the price, and *' insisted on paying him at that very time, •' which I did. About a year afterwards Mr. " Wildman fuliilled my commission, purchased *' me a Welch poney, and sent it to Calais. This "^ was the single transaction of my own with '' your brother-in-law at that time. I gave him 1771- MFE OF JOHN HORNE TOOKE. 215 *■* tjv.o or three trifling conujius.sjons from Mons. " Sainte Fay ior arrack, ,&c., w-bicb .were to be " forwarded to Paris. 1 l)clieve thev were sent, *' but tliey never passed throui;:]i my liands ; nor *' do 1 know whether Mr. Wihhuiiu has yet " been paid tor those triiles. tiie whole of which " amounted only, as he told me, to aljout thirty " pounds. " Your endeavours to taeatc a coolness he- " tween Mr. Cotes and ine are clearly seen *' through, and will prov^ ineU'cctual. You ** made the same attemj^t on the late Mr, Sterne *' and me \\ ith the same success. " In your second letter you say, ' The nature " of xiur intercourse, for it cannot be called a cou- *' nealon ; and afteiward'-, 'in oaiy return from " Italy to England, in the year J^b", I saw r.ea- *^ goiis sufhcient never more to trust you with a '* single line ; and in your third letter' you pre- *' (end that you had, eyen in 17^7? * Lufinite " contempt for the very ruuiie of Mr. Wilkes.' *• 1/lowever, on the 17th of last Mav, you wjote " me another letter on my going to Fulliam, wbiic " my house here was repaijing, to recomujend " aid' tradesmen to rne, to tell me how most sitt- " cerelif you were mine, &c. You add, ' I could " not foriieur .showing luyJriendsJuj) to you by " Jetting you know your iVieuds.' You will 2l6 LIFE OF JOHN HORNE TOOKE. 17^- " find, sir, that it requires more memory, as well ** as wit, than falls to one man's share, to support *' a long chain of falshoods. You are lost and *"' hewildered in the intricacies of error. The *' path of truth you would find more easy and *' honourable. " You assert, ' I found that all the private let- " ters of your friends were regularly pasted in a ^' a book, and read over indiscriminately, not *' only to your friends and acquaintance, but to *' every visitor.' I glory, sir, in having four ** large volumes of manuscript letters, many of " them written by the first men of this age. I ** esteem them my most valuable possession. *' Why is the pleasure of an elegant and instruc- " tive epistle to perish with the hour it is re- *' ceived ? To the care and attention of Cicero's *' friends in preserving that great Roman's let- *' ters we owe the best history of Rome for a " most interesting period of about forty years. *' Yon mistake when you talk of all the private '' letters of your friends. My care has extended " only to letters of particular friends on particu- ** lar occasions, or to letters of business, taste, or " literature. The originals of such I have pre- ** served ; never any copies of my own letters, ^' unless when I wrote to a secretary of state, to f^ a Talbot, a Martin, or a Home. When you 1/71. LIFE OF JOHN HORNE TOOKE. 21/ " add, ^th;it they are read over Indiscriminately, *' not only to your friends and acquaintance, " but to every visitor,' you knowingly advance a ** falshood. So iiinch of yonr time has passed *' with me, that you are sensible very few of my " friends have ever heard of the volumes I men- ** tioned. The preservation of a letter is surely *' compliment to the writer. But although I *' approve the preservation, in general, I highly '* disapprove the publication of any private letters. ** However, there are cases which justly call " them forth to light. Mr. Onslow's first letter *' was, after great importunity from you, printed " by me, to justify what you had said at Epsom. •' The second you printed, without my consent, " from a copy I suffered you to take. " I am, sir, *' Your humble servant, " John Wilkes." " TO MR. JOHN WILKES. (letter IV.) i( SIR, ** DURING the city election many worthy merchants having generously come forward to your assistance, and some of them being men 218 LIFE OF JOHN HOR¥E TOOKE. 1771. of the most rigid moicility, you thought it proper to adopt the language of a penitent: " to tlie one you talked oF ' Saul transformed "into St. Paul;' to another you wejre iiiore "poetical, and told him, that 'hitherto your " life must be considered as only hearing the " blossoms, and that the public might now ex- " pect from you the fruits ;' and you talked of *' the follies of your youth, as if you had not " been at that time between yor/?/ andffti/, and " as if folly was all that could be alledg;ed " against you. I beUeve you did not impose "upon many; the greater part despised the " hypocrite, who before abhorred the rogue : " but, however some might be deceived, your ^^ conduct did not suffer me, .even for a Sq^ days, *' to suppose you a changeling. "On Tuesday morning, March 22, 17^^? I "' paid you the first visit in London. On ffed- " nesday I inserted two advertisements levelled " at the old members for Middlesex: for one of " which the imprudent hastiness of sir J. Gib- " bons made that gentleman afterwards publish " my name. On Thursday, you set out with me " to canvass the western part of the county. " Returning in the evening to Brentford, I found '• there Mr. T -n, whose name I did not "then know: he had been appoijite4 by your 177^' LIFE OF JOHN HORNE TOOKE. 219 *• coinujittee of the lity to secure some bouses " atBreuttordtorthe dayof the election : hccould *' get none, because be was totally unknown: be " applied to me, and appointed me to meet bini, ^' on Saturday evening-, at the King's Arms, '• where the conunittee would settle every thing " with me relative to the bouses. " On Fridaij, I procured two inns for the " purpose; and engaged myself to them to pay '' tlie expenses which should be incurred; and " this was necessary, because, if you had lost *• your election, the peojde could eiisily foresee " you would again have fled the country, and ** tjbey would have lost their money. " On Saturduij, iu the evening, I waited on "the committee: Mr. T n .was absent: 1 '' told them my business, and desired oidv that " the riskof theuticertain expenses at Brentford, " on the day of election, might be understood " to be cquid between us, because I was not sulli- " cient to bear the whole, ajid such a loss might ••' uodo me. They were j)erfect strangers tome; •the committee was dit^racted with vaiiety of • bus-ine&s ; all was confusion ; and they treated me *' very cavalierly, as ihey would have dcmtasharper " who w axoiue to impose uj)on tlicm by false pre- *' <;ences: the chairnuuj, Mr. .I.J , a gewtle- *' /.nan ol character and a man ol' business, and 220 LIFE OF JOHN HORNE TOOKE. ^77^* not having (as lie has since informed me) been acquainted with the circumstances, and know- ing thatMr.T n had been appointed tolook after the houses, very properly, though abruptly, bade mequit the room; saying, 'Since houses are procured, that is sufficient for us, and we have nothing to do with you or your engagements.' 1 c[uitted the room ; first telling them, that they were mistaken in supposing they had the houses safe, and therefore might leave me bear the burthen; that I was not quite so foolish as they seemed to imagine; if they would not make it a joint risk, I was still able to save myself i for that I very well knew sir William Beauchamp Proctor and Mr. Cooke would be very glad to take the houses off my handsj and to acknowledge the obli- gation. " You had hitherto sat silent ^ but being alarmed at ray last words, which I threw out to alarm them, and to make them join with me in the risk, you followed me, and led me, together with Mr. , into another room ; you caught me by the hands, and supplicated me most earnestly not to be offended at such 'creatures' as your committee; you swore I should run no hazard; that you had more than money enough at your banker's, antl 17/1. LIFE OF JOHN IIOUNE TOOKE. 2'2l " would that moment give me a draft for Jiff ee?? " hundred pounds. " I replied, ' Sir, 1 was not at all offended " before, but I am now : I see you think me a " dupe; because it is Saturday evening, and " your election comes on Monday morning, you " offer me a draft on your banker ior Jiffeen " hundred pounds, when I know you have not ''^ Jifteen pence in the world. It is you that treat " me ill, not they. I am not duped, sir; and *' I desire I may at least have the honour of " doing what I do with my eyes open. Go back " and look after them; give yourself no concern " about me: I shall act in the same manner as ^' if they had engaged with me. The die is " cast: if I had not thouirht that all was at " stake, on the success of your election, I should " not have come forward at all; and, having " once begun it, nothing shall stop me.' " The success of the election is known: the " gentlemen afterwards excused themselves to *' me for a behaviour for which their good in- " tention entirely justified them; and the com- " mittee paid the expenses. " John HauNE.'* 122^ lAtt 6T JOHN HORNE TOOKE. 1771. " TO THE REV. MR. HORNE. " Prince's Court, Wedndsdai/, May 22, " SIR, *"' I AM persuaded there are very few parti- *' ciilars in your fourth letter whieh the public " wish that 1 should answer. You say, that on ^' the Saturday before the first Middlesex election, " * you led me, together with Mr. , into " another room ; you caught me by the hands, " and supplicated me most earnestly not to be ** offended at such "creatures" as your committee; " you swore I should run no hazard; that you ** had more than money enough at your banker's " and would that moment 2:ive me a draft fof ^'Jifteen hundred pounds.'' I had been only a *' few weeks in England, and most certainly " had at that time no banker. If I had made " such a speech to you, who knew the distress " of ray private afikirs, instead of supporting " me as candidate for the county of Middlesex, " you ought to have applied to my friends for a " commission of lunacy against me. That ^^ single proof would have been sufficient. Will " you please, sir, to tell me the banker s name, " and the name of Mr. , of which you *' do not even give the initials? I assert, that the " whole of this talc is an absolute falshood. If 71. LIFE OF JOHN HORNE TOOKE. 223 " When von mention tlie city election, you " assert, ' Yon talked of the follies of your youth, *' as if yon had not hecn at that time between *' forfi/ and Ji ft I/, and as \i' J}} I li/ wi\h all that *' could ])e alledged against you.' Whatever " could i)e utlcdged against me would probably *' come from others, rather than from myself. " I am sure this could only pass in a private " conversation. 1 was not auilty of that absnr- *' dity to the respectable body of the livery. *' You cannot produce any e:t])ression, in fny *' various addresses to them, which has such a *' tendency. As to my age at that time, you ** have given the truth. I Avish you had in every *' other part of your letters. The city election *' wa^. in March I'J'GS; I was fort i/ the October ** precediniT. Mr. Horiie has, therefore, infoio' *' long letters, advanced one truth, that, at the *' city election, in March, l/Cs, il/r. John lVdkee, and half a-dozen gossips. *' 1 am, sir. your humble sorvaiit, " J(JHN WiLKEsJ* 2^4 LIFE OF JOHN HORNE TOOKE. 177^ " TO MR. JOHN WILKES. (letter v.) " SIR, " THOUGH I do not intend that you shall " artfully draw me off from my course of a regu- '' lar explanation, yet I think it proper to take' " some notice of the two letters you have given " hy way of reply. " And, first, I must observe what you have " 7iot done in your letters. Yon have not even " pretended any reason for my dissatisfaction with *' your conduct. You have not denied that oui' *' acquaintance began in the manner and at tliel •'time I have mentioned. ^ou ackno^vledge " that you received my letter from Montpelier ; " and yet you have not denied that you disowned " to me the receipt of it. You have not denied '^ the showing about this letter with an intention " to intimidate and injure me; but as Caesar's "•' and De Retz's examples are to justify your dis- " honest debts, so Cicero's letters, it seems, are " to justify your treachery. You have admitted, " that I had no communication with you from "May, l/^/j till March, 176*8, and that my " first visit to you in London was when you had *' evidently lost your city election ; and yet you i( hall have s])cnt " the last farthing, I will retire and earn my " bread before I eat it : and, carrying with me my " own approbation, I shall not bhisli when my '' elbow comes through my coat; nay, should I " even be reduced to the state of our first pa- " rents, I should, like them, be nalxed witliout *' being ashamed. " John Horne." " TO THE REV. IVIR. IIORNE. " Prince's Court, Tuesday, May 23. •• SIR, '' 1 THANK you for the entertainment of *' your sixth letter. The idea of an luij'althfid " echo, although not quite new and original, is " perfectly amusing ; but, like Bayes, you love " to elevate and surprise. I wish you would " give the list oi' echoes of this kind, Avhich yon '' liave heard in your travels through France and " Italy. 1 have read of only one sucli in a " iieiglihonring kingdom. If you ask, how do " you do ? \t answeis, prettif well I thank you. ** The iound oS. your vnfaithj'ul echo can only be 250 LIFE OF JOHN HORNE TOOKE. 177^' " paralleled by Jack Home's silence with a ** stilli/ sound, in the tragedy of Douglas : " ' The torrent, rushing o'er its pebbly banks. Infuses silence with a sti/lj/ sound.' '^ I have heard of the babbling, tlie mimic, the *^ shrill echo. The discovery of an unfaithful *' echo was reserved for Mr. Home. Really, sir, " I should have thought, notwithstanding all " your rage, you might have suffered an echo to *' he faithful. I did not expect noveltif, or va- " riety, much less infideUtij, from an echo. " Every thing you have advanced relative to *' the town-clerkship and Mr. Reynolds, you well *^ know to be wholly a lying imposture of your " own. I never had a moment's conversation " with you on the subject, nor have I at any *' time in my life mentioned to Mr. Reynolds his *' beinc: town-clerk. I declare the whole of this '' accusation against me is one entire falshood. *' No courtier seems to me to enjoy the luxury " of lying equal to the minister of New Prent^- " ford. " As to the cliamberlainship, you, and many " others, have warmly and frequently pressed " me to offer my services in case of a vacancy. '^ My answer has regularly been, ^ I never will " accept it. I know it, indeed, to be the most 177^- LIFE OF JOHX HORNE TOOKE. 251 *' lucrative otJicc in the ^ift of the city, hut I can ^' I)c more U!>eiiil in my present station. I am " not avaricious. My wishes are now few, and *• easily gratified.' All my friends knoAV tliis " has been my constant ans\fer. Early in the " last summer my brother started to me the *' idea of his oflbrinsr his services for the cham- " bcrldin.>>hip on the first vacancy, and said, that *' he hoped he sliould succeed both from his near ^' relationship to me, and the interest of his " private friends. I endeavoured to dissuade " him from the ]>roject, which I thought ivould *' be hurtful to himself as well as to me. Your shuffling answer will not impose. I again insist, that the original of every letter you have C|Uotcd, or shall quote, ])e left at Mr. Woodfall's, in his custody, for my peru- '* sal. As to your brother-in-law, Mr. Wild- " man, let him deliver his account on oath. I " will follow him into Westminster Hall. " When you mention the injuring you in your ^' profession^ recollect the unfair and un])ro- " voked treatment of j\Ir. Adair in his profes- " sion. He surely has his profession at heart as " much as the Rev. !VIr. Home. The injury of *' which vou com])lain, is received from yourself, *' from a letter of your own, of which you ke])t ** a copy, p»d)lislR'd in consequence c»f tlie i( 252 LIFE or JOHN HORNE TOOKE. 177^ " treachery of your own conduct. Scorpion- " like, you bave stung yourself to death. " I am, sir, " Your humble servant, " John Wilkes." " TO MR. JOHN WILKES. (lETIER VIII.) "MR. COTES and Mr. Reynolds seem to " declare upor^ their honour with as little " scruple as Jews swear on the New Testa- "ment*. Alas! tbe policies will enrich the " one no more than tbe town-clerhship the other. " And Mr. Wilkes, whose ' heart is at present " too full to say one word except his feelings of " gratitude,* will some time hence say to them, " as he does now to Mr. Wildman — ' Deliver in " your account on oath: I vAW follow you into " Westminster Hall.' — Mr. Wildman, sir, will ^'Jind you there. *' You say (as you did before) that you did not approve your brother's attempt ; although, not approving it, he shall have your vote. * T!)is is in allusion to two letters by these gentlemtp, which it was detmeci unnecessary to reprint. 1771' ^IFE OF JOHN HORNE TOOKE. 2o3 " You said so, it is true ; but I did not believe '• the truth of what you said. Your brother " used the argument of your approbation very '*' strongly to nie as well as to others. I know " that, like you, he has since chosen to deny it. *' Unfortunately for you both, sir, he has made a *• written application. He applied to me on the '' Jirst of August. On the foitrfh, I wrote In'm *' an auswgr. On the sixth, he wrote to Mr. " Bellas, addressed to him at Farnham, in Sur- " rey, testifying his brother's assent. " Now, sir, what subterfuge r Did you ap- '^ prove, or did you not ? If you did not ap- " prove, what credit can for the future be given " to your brother ? And whose testimony will " you employ to prove that you were not to " have a share in the office ? You are very dis- " creet when you refuse to ' accept any place in *' the city.* The disj)osal of all would be *' nmch more lucrative to you than the ])osses- " sion of 07ie ; and if, instead of a share, vour " candidates were all able, like Mr. Reynolds, to " alliance the price of the othce, your gain would *' be less precarious. *' Will you content yourself, as you have *' hitherto done, to deny all, and leave it on your *' own bare authority? I believe you will; for \ '' know that you caunot defend yourself a mo- 254 LIFE OF JOHN HORNE TOOKE. 177^- ** ment, without being driven to an impudent, *' manifest contradiction of the most consistent *' circumstances; the best attested truths; the " most notorious facts ; and the clear testimony " of some of the most respectable pul^lic men in ** the Avorld ; I mean Mr. Oliver, Mr. Towns- " end, Mr. Sawbridge, Mr. Glynn, sir Robert " Bernard, Mr. Bellas, Mr. Lovell, &c. &c. *' These, with a great number of o^her gentle- " men of considerable character in private sta- " tions, have been witnesses to the whole of my *' conduct; to them I shall be forced frequently *' to appeal, and, with the most perfect confi- *' dence, I trust my character to their affirma- •' tions; against the declarations, upon honour^ "of such men as ^Ir. Reynolds and Mr. Hum- " phry Cotes. ' " John Horne." ♦' TO MR. JOHN WILKES. (letter IX.) " IT is easy to perceive, ])y your letters, that *'• you are of opinion with the countryman, who, *' being asked what he was sowing, replied, I *' am sowing fools. — Why don't you rather sow *' wbe rnen? — Because they don't grow here. — • 177^' ^^f^ OF JOHN HORNE TOOKE. 255 " 1 believe, sir, you may perhaps for one season *' more have a pretty plentit'ul crop; but, depend " upoiiit,t]iere are speedily cominii upon voulong; ** years of famine. For my own part, 1 have not " the least desire to convince those who are not *' convinced by your own letters, especially by ** that letter, which your brother has signed, in " last Friday's paper. " It consists of accusations against mc, and " recommendations of Mr. llcaton Wilkes. ^' The accusations are, " 1. That I have drawn out Heaton Wilkes's ^' name unfairly. " 2. That I have wuntonli/ brought JuLse and " malicious charges against him, to prejudice **' him in a fair and honourable pursuit. " 3. That I am intimate (in italics) with Mr. " Townsend. " 4. That I have changed my opinion. " 5. That I have acted a part of which Mr. *' Heaton Wilkes would be ashamed. ** 6. That I have uttered a shameful J aishood " in declaring, that he canvassed some months " before he was a freeman, and has continued •' it to this time. " ". Tiiat I have made lying accusations. "1. It caniiQt be unfair for me, when diiven ♦* to it, to loll the can^c of all the abuse wljich yau :256 LIFE OF JOHN HORNE TOOKE. 177^- ** have poured upon me and others. I could *' not join with you in any impositions upon " the public — (your attempt upon the chamher- " laiuship was of that number:) if I could not " silently prevent, it was my duty to oppose *' them : my repeated and obstinate refusals "raised your resentment and apprehensions: " what I would not assist, you feared I should "obstruct: your revenge and policy, therefore, *' urged you to an attack; and, had I been in a ** situation like Mr. Garrick's, at the mercy of *' a momentaiy delusion of the public, I might, " perhaps, like him *, have yielded to yourunrea- *' sonable displeasure, though I think, that, with " half his merit, I should have had tw^ice his " courage. But mine is a very different situa- " tion : I have no more to expect from the " public than from any minister present or * Whilst Mr. Wilkes was in the King's Bench, he sent a threatening message to Mr. Garrick-to forbid his playing the part of Hastings in the tragedy of Jane Shore; on account of some lines in that play which Mr. Wilkes thought applicable to his own situation. Mr. Garrick complained exceedingly of the cruelly of such an interdict, and wished to be per- mitted to proceed in his endeavours to please the public in the common course of his profession. The patriot was inex- orable ; and Mr. Garrick has not appeared in that character since. The lord-charaberlain's control, by act of parlia- ment, over the pleasures of the public, is exercised only ovev new plays. 177^- LUE OF JOHN nORNE TOOKE. 25^ " future; and if I i.houkl ever solicit either, I " do now bcspeuk their refusal: ministerial and " court favour I know I can never have, and " for |)ul)lic favour I will never he a candidate: " I choose to tell tlicm, that, as fdr as it affects my- " self, I laui^h at tiie displeasure of both. Though " I knew not the person of any one man in op- " position, I quitted all my friends and con- " nexions, when I joined the jmblic cause; and, " with my eyes open, exchanged ease and fair " fame for labour and reproach : however, I was " always determined not to be engaged, by party, " in any thing my mind did not approve; and, "it I could not do good, to retire as I came — ** ' alone, but not dishonour td,^ *' 2. Thev who are not satisfied, tilth the '• proof* i have given, that the charges con- " cerninL' thechamberlainship are true, and who " think the joint attempt of John and Heaton '•' IVdkes upon that office to be a fair and ho- "^ vourahle pursuit, arc welcome to believe me '* wantonli/ false and malicious. "3. '1 have reason to be well persuaded, that " no part of IVJr.Townsend's conduct will ever " set my jjrinciple at variunce with my private " friendship.' I am justly j)roud of that inti- " mnci/ which you wou]})leasure against Mr. *' Wilkes or his triends ; so far has he been iVoni " comjjlainitjg c.iceedingh/ of the cntelt// of an "" interdict, wiiich never existed. '' Did it escape your meniorVj sir, that one *^ of the objections made at that time by my '* friends, was tiie peculiar em])hasis Mr. Garrick " was said to g-ive to the followinc; lines of ^' Hastings, which some thougJit appLicuhle to *' your situation ? — '• ' III befal Such meddling priests, who kindle up confusion. And vex the quiet world with their vain scrupleft; By Heaven 'tis done in perfect spite to peace! * *' You say, * 1 think with half his (Mr. Gar- " rick's) merit, I should have had twice his " courage.' If you mean theatrical merit, I can '' tell you of some j)arts in which you would in- '• finitely exceed our great English actor. I "mean all those parts from which — fugiiint *' pudur, veriunqi(e,Jidesquc. In quorum subeunt *' locum J'raudes, (hliquc, insidicvque, 8^c. ^c. *' } ou would act, and be, lugo with success. *' Mr. Garrick has that in lum, which must ever " j)revent his acting well in that character. You " have that in you, which would ni;ikc it easy 264 LIFE OF JOHN HORNE TOOKE. 177 h " and natural. Shi/locl, too, our Roscius must " never attempt. The Christian priest of Brent- " ford has no vain scruples to prevent his under- " taking and being applauded in that part. He " might then talk of dying his black coat red '* ivifh blood in an innocent way on the stage, '' which at Brentford inspired a savage horror. " The pleasing hours which Mr. Garrick gave ^^ me at the King's Bench, I have deducted from ^' the injury of a long and cruel imprisonment, *' and I think of him as Cicero did of the great ^' Roman actor, Cwji artifex ejusmodi sit, id " solus diguus videatur esse, qui in scena spec- " tetur: turn vir ejusmodi est, ut solus dignu^ '' videaturt qui eo non accedat. " You assert, ^ Though l knew not the person ''^ of any one man in opposition, I cjuitted all *' my friends and connexions when I joined the *^^ public cause; and, with my eyes open, ex- " changed ease and fair fame for labour and re- ^' proach.' I desire to know what one friend, " and what single comiexion, you have quitted " for the public cause? Your fair fame at Eton *^ and Cambridge survived a very short time your '' abode at eitlier of those places. Will you " call an Italian gentleman now in towUj your " coniidant during your whole residence at " Genoa, to testify the morality of your con- 1771- LIFE OF JOflS HORNE TOOKE. 255 " duct in Italy? — But I will not write the life of *' Jonathan Wild, nor of orator Henley. " You declare, ' MiHisterlal and court Jifrour " I know 1 can never have, and for puhUcJavour '' I will never be a candidate: I choose to tell *•' them that, as far as it affects myself, I laugh " at the displeasure of both' You well know " that no minister will ever dare openly to give " yon any mark oi court favour , at least in the *' church: many secret favours you may, you do, "'^ expect, and some I believe actually receive. " The public vou have abandoned in despair, " after an assiduous courtship of near four years; '"' but remember, sir, when you say, that you. '"' laugh at their displeasure, the force of truth " has extorted even from lord Mansfield the " following declaration : ' The people are almost *' always in the right: the great may sometimes *■' be in the wrong, but the body of the people *• are always in the right.' " I am, sir, " Your Imniblc servant, " John Wilkes." 266 LIFE OF JOHN HORNE TOOKE. 1771' " TO MR. WILKES. (letter X.) " INJURIES for benefits is the ancient com- merce of mankind. It is not a new branch discovered by Mr. Wilkes, though he cer- tainly carries it on in a manner much more extensive than usual. After signing your name to a declaration, that Mr. Oliver (your generous benefactor) refused to do you justice, I cannot wonder you should make your at- torney say, that the balance of private favours between him and me is on his side. I never received any one favour, either from you or Mr. Reynolds in my life. You formerly ac- cused me anonymonsly of having collected various su])scriptions, and converted them to my own purposes ; amongst others, you men- tioned the subscription for the appeal of the widow Bigby. You did not do this with any hopes of fixing such an imputation upon me; you had a more malevolent design; and with the same view you now make Mr. Reynolds say, (without the least relation to any thing in question, and in contradiction to your former charge of concealment.) that he, this man of 177^' J'If£ or JOIIS IIOUNE TOOKE. 2D7 ^* spotless Jionour, accompanied nic to several ^' gentlemen's houses in Westminster, for sub- " scriptions for the widow Bighy. No doubt, '^ sir, there is a fine set of murderers let loose, " whom I have endeavoured to bring to jus- " tice, — lo Mio and ylrio ;— and you, like the in- ^' fernal magician, by pointing out their prosecu- " tor, have tacked them to my tail, and bid tlieni " — sficlc close, hoi/s. " But neither this nor the other gross abuse, ^' with wliich you daily fill tlie papers, shall take *• from me my temper, nor divert me from my *' pur])osc. I do not desire to make myself " greater or you less, I desire only to prevent ** mischief. I ask not the confidence of the " public, nor am I in a situation to abuse it: ■* piy good or bad character, (though it is far *' out of your reach,) can only benefit or hurt " myself; to them it is a matter perfectly indif- ♦^ ferenl. Not so with you. You are ix public " man ; and it is necessary for their safety, that '•' they should be told, since nothing can restrain '' you, to Avhat precipices you would lead them, " and into what destruction, disgrace, and ridi- '* cule, you would plunge them. *' It is not by recrimination, but b) defence, " that you can ever be able to gain their itn- '• piicit confi, *' and making it impossible to believe any ac- *•' count the society might hereafter give to the " public; and that since that loan near j^re " thousand pounds had been discharged for "Mr. Wilkes: these and all other arguments -'•' were in vain; they did not want to examine iT/l- UFE OF JOHN HORNE TOOKE. 2v)5 accounts, or to consider \v!i at was past; they came to vote for Mr. Wilkes., and the pro- priety of the measures was left for hiin to re- *' concile. " Finding all arguments in vain, and knowing *' very well by what sort of a majority the ques- " tions had heen cairied, 1 was desirous to put *' to the test the extravagant zeal and prodigious ^' personal disinterested friendship which had " been expressed for Mi". Wilkes. I rmi-ed that " the subscription might imtctuth/ begin, and " called upon them, at this time of their cxces- " sive professions, when so many zealons members " were present together, to show their sincerity " by their subscriptions. My motion was by no " means relished, the gentlemen felt the dif- *• terence between voting away other men's *' money and giving their oivn. There was *' much struggle to avoid the cjuestion; but the *' ridicule was too strong even for them; they '• were ashamed, immediately after voting the " subs(rij)tion, to vote against its beginning, *' The ([uestion, therefore, was carried unani- " MOi'SLY. The book was instantly opened and " })rcscnti'd to the gentlemen; and, when the " secretary, next morning, came to ca^t up the " total oi the subscriptions, he found it amounted ♦* t«) the exact sum of ... £q o a 296 LIFE OF JOHN HORNE TOOKE. 1/7^- iC After this meeting, iiuiiiy of the most re- " spectable members talked of quitting the so- " ciety, which they thought much better than " staying there to wrangle, or to be made a " mere club for Mr. Wilkes to impose upon the " public by general professions, and to receive ** subscriptions solely for the support of his ex- *' travagance. It would not have been at all '" diiiicult to have persuaded a large majority to *' attend for once, and re-establish tlic public *' principles on which the society first began; " but once, or many times, would not have suf- *' ficed. Mr. Wilkes is too artful and indus- *' trious in mischief, and the tools he w^orks " with too stupid and obedient not to have made *' a periietual attendance necessary. Such an " attendance itw men can, and still fewer will *' give, when they have no private purpose to *' answer; especially where they are to be liable *' to the ignorance and brutality of such men as *' Mr. Reynolds, w hilst Mr. Wilkes is dexterous *' enough to avail himself of the former quality " in his agents, to turn the latter upon his oppo- " nents. Besides, it is alwavs much easier to *' produce confusion than to preserve order; and, " if Mr. Wilkes could every now^ and then pro- " cure a majority to adopt and publish some im- f prudent measure, the society would be sure to 1771- LIFE OF JOHN HORNE TOOKE. 2<)7 " lose their character, and with it their import- " aiice; and we V;new, for he had dechircd long *' before, that he was determined to destroy it. " Still we were willing to try every measure to *' preserve the society, whose dissolution, as *' to every ])ublic purpose, we foresaw with inii- " nite regret. " At the next meeting-, therefore, of the so- " ciety, on February 12, 1771, one of the mem- "bers*Vose and desired to be indulged with " some conversation, thoui'h he was not lioincr *' to make a motion: he desired only to explain " his own sentiments and nndcrstand theirs: he " repeated his own public motives, and showed " they were originally the declared motives of " the society: much dispute, he said, had, how- " ever, been lately held, whether these were ori- " ginally the avowed intentions of the society, " or whether it had been instituted mcrelv for *' the support and emolument of Mr. Wilkes, to *' the exclusion of all other jiublic measures; " lie tlierefore, for his part, wav^d entirely that ** dispute: he desired only to know what were *' the sentiments the society would declare now, *' and whether they would determine to act for •* the future as a public society, giving sup])oit ** and effectual assistance to every tbin;r which * Mr Home. *2()S LIFE OF JOHN nORNE TOOKE. ^771-' *' vras importantly useful to the riglits of the *' nation and mankind, or coniine themselves " singly to Mr. Wilkes ? He said he did not " mean to make a motion of this, or put it to " the vote : if there were Jive, or even three " memhers of that society present, who would " acknowledge themselves to be confined merely " to the raising of money for Mr. Wilkes, he '* would quit the society at once without ** troubling them with any reasoning* on the *' subject. — Se\^ral other gentlemen declared " the same sentiments. — This conversation was *' entirely unforeseen; Mr. Wilkes himself was not present; his leading partisans were Avith- out instructions on the subject; the profes- sions were only in general of public motives ; " and general professions are safely made by " the most interested men, who never mean to *' come to particulars. Much conversation how- *' ever passed of a different tendency, yet no *' one member would acknowledge a private ** principle of action. '^ The member who spoke first then rose again, *' and said, since he found they were all agreed *' \n^\\Qiv general motives, he woidd now make *' a particular niotion in consecjuence; and he *' moved — * That an immediate subscription (in *' order to raise^Ve hundred pounds) be open€c| it 1771- LIFE OF JOHN IIORNE TDOKE. 2|J9 *' for Mr. Bhig/ei/, for having refused to answer " interrogatories, and to snbaiit to the illegal *' mode of attachment.' He represented to them *' that it was now near three years since ]Mr. '' Bingley was first sent to priion; that he hadsuf- " fered almost as miicli imprisonment as Mr. *■ Wilkes, and had hitherto received no reward *' for resisting attachment and interrogatories^ " which were much more dangerous and dread- "^ ful than general icarrants; that besides, he " Avas in a station Avhere sentiment and public ■' principle were not so much to be expected as *"' in Mr. Wilkes's, and therefore required the " greater encouragement. He said, he did not '* desire any gentleman ])rcsent to subscribe to *' this; that he knew the money would be '' raised; the only question for them to con- '' sider was, whether the society should have tha ^' honour of the gift, or whether it should be *' given out of the society, by those gentlemen '■ who had already determined on the measure " and were desirous to contribute? " This motion seemed too reasona!)le to admit • of debate, and yet it met with great oj)])ositiou " from Mr. Wilkes's hiends. It was, however, ** canicd by a majority; and near half tlie money ** was instantlif su])sciibed. "■ At the next meeting of the society, Febru- 300 LIFE OF JOHN HORNE TOOKE. I77l« " ary 26, 1771, Mr. Wilkes attended. He had " collected his forces, and was shameless enough ^' to cause them to come to the following reso- *' lution: ' ''^ 'That the first object of this society, in order " to promote the public purposes of its institu- " tion, was to support John Wilkes, esq. against " ministerial oppression, by discharging his " debts and rendering him independent. That ^' this society having resolved that the public " conduct of John Wilkes, esq. has continued *' such as merited their approbation ; and not *' having as yet fully accomplished their declared " purpose of discharging his debts, no new sub- *' SCRIPTIONS shall for the future be opened in '* this society, for any other purpose whatso- *' EVER, until ALL the debts of John Wilkes, esq. *' which shall appear to have been honajide due *' at the time of the formation of this societyj " and have already been given in to any committee *' or general meeting thereof, shall be fully dis- *' charged or compromised.' '* Before this resolution was passed, every " possible method Avas tried for an accommo- " dation : it was pioposed that every person *' might be permitted in that society to subscribe *'' for whatever good purpose he should adopt: " it was shown plainly, that, by this vote, they 1771- ^-If'E OF JOHN HORNE TOOKE. oOI " would exclude from tlie society every one " who wished to do puhlic i^ood, and wlio vet " might not choose to subscribe to Mr. Wilkes, " or, hiivinjr aiven somethinir, miuht not con- *' sent to subscribe any more. Mr. Wilkes " would listen to no terms ; he was now sure " to accomplish his wishes, and saw, that from *' this day, the society would either exist no " longer, or would exist for him only. "^ John Horne." ♦• TO THE REV. MR. HORNE. " Princes Court, Tiiursday, June 20. " " SIR, " I NOW proceed to examine your ftvci/th " letter, and, according to the notice I gave " you, to close a correspondence which the *•' public have love ago called upon me to con- '"' elude. I shall, therefore, necessarily, in takiuir " leave of you, consider a few other particulars, " which, from hurry or inadvertency^ I have (( omitted. " The account you have published of tlie so- " ciety, called the Supporters of the Bill of *' JiightSf and their proceedings, is equally pro- " lix and fallacious. In the state of the pecu- " niary transactions of the society, you give 0O2 LIVE OF JOHN IIORNE TOOKE. 1771- ** SO perplexed a detail of my affairs, that " I am totally at a loss to comprehend your " accounts. You pretended, in a former letter, *' that at the institution of that society I was scarcely thought of, and you endeavoured to prove that paradox by a single advertisement ** after the second meeting, omitting all the re- " solutions of the Jirst at the very formation " of the society, which I have already quoted. " Will you, sir, allow the society themselves *' to determine what their own intentions were ? " Feb. 26, 1771, it was resolved, 'That the ^^ Jirst object of this society, in order to pro- *'' mote the purposes of its intentions, was to " support John If likes, esq. against ministe- *' rial oppression, by discharging his debts and *' rendering him independent.' In your ac- '•^ count of Mr. Wilkes's debts, you studiously " omit a remarkable part of an advertisement *' repeatedly published by the Society of the Bill " of Rights in all the papers. 'N.B. 71 49/. 6s. *' of Mr. Wilkes's debts appear to have been *' incurred by his having been security lor " other persons.' Did you fear that this ** might be brought to confute your charge of '^ his indifference for the interest of his " friends, when it a})peavs that he subjected " himself to the payment of so large a sum 1771- LIFE OF JOHN HORSE TOOKE. 303 '* on their account? You v. Ill please to recol- " lectj that, by an early resolution of the society, ** on May i), 17^9- J)iinte(i in the pa|>er$, ' All ** commiftccs ot" the society are to meet on " every first and third Tnesday in the n^onth, *' at the London Tavern, at one in the after- " noon,' and that the committee of accounts ^h\ tlie *'^ advertisement of Nov. 20, 1770, ' was always *• open to all members of the society.' If, *' therefore, vou suspected the least fraud *' from any (juarter, it was your duty to have ^ attended to detect it. Althoui;h yon have " deserted the society, it is still incumbent on *' you to accpiaint them of any fraud or col- ** lusion you have discovered. I call upon yoa '* to Avrite a letter, stating the particulars, to " the chairman of the next meeting, and to *' give your proofs of the smallest intended " i.'U])osition of any kind, or you will j)ass for *' an infamons calumniator of your b^nefac/vr, " Mr. l^eynolds, and other men of honour, *' \vhom you have wickedly traduced. When *' you mention that ' The other 2,0()0/. of the " sum recovered from lord Halifax were said to *M)e paid to Mr. Reynolds i.e. 1,20*0/. f(jr " Mr. Reynolds's law-clia!^es, &.C., and 800/. to " discharge some debts contracted by another *' breach of trust towards the Backlnglnmshiio 5,0/4 LIFE OF JOHN HORNE TOOKE. ^77^- ^ militia, when Mr. Wilkes was their colonel/ *' you Avell know that you are deceiving the " public, for I have frequently told you I paid " Mr.Keynolds 2000/. o?i account for law-charges " and debt, which he paid for me. The breach " of trust you talk of, is among your many "barefaced falshoods, which will cover you tvith " infamy. Your characteristic is the evil spirit " of lying. "^ Sir Edward Astley^ when I was abroad, " had purchased the lease of my house in " Great George Street. When he removed to " Downing Street, he mentioned his intention to " dispose of the remainder of that lease. I was " then in the King's Bench prison. Many of " my friendjs wished me again in my old. house. " It was talked of with sir Edward, but no- " thing concluded, nor did I ever ask any man " to be my security on the occasion. You de- *' clare, ' All the gentlemen to whom Mr. Wilkes ^"^ applied, even the future chamberlain ^xiA tozvU' " clerk refused to be security.'* I never applied " to any one person, on this occasion, to be *' my security. Name the man. The conver- " sation you have given, as what passed between " us, is an absolute fiction of vour own fertile " brain. "' I had no dispute with the treasurers of the IJ'J'l. LIFE OF JOHN nORNE TOGKE. 303 '* Bill of Rights about the generous beiieiaction " from Neivcaslle. " You say, * He took a country house at *' sixfi/ guineas for the season; and, to com])letc " his phiu of economji/, he sent his daughter to *' Paris to sec the Dauphins weddings whilst " himself was (dl the summer niakiner the tour of '' the watering places.' I rented a ready- " furnished house at sixti/ guineas for the year, '• Avhile njy small house here was repairing. •' When it was completed, I let the house at *' Fulham for the remainder of the year. You " assert, ' On quitting the King's Bench prison, *' he took a house on a lease at Jif'ty pounds a " year.' Is it not possible, sir, for you once to " tell the ichole trutlir The rent h foj'ty guineas " a year. My dauiihter went to Paris at the " time of the Dauphins ivedding, on the invita- " tion of a lady of fashion to her own house. I " met her at Dover on her return from France, " and, duriug the month of August, we made *' a tour together. When you say, that I was " ' all the summer making the tour of the wa- " tering places,' it is a malicious falshood you *' designedly utter, for I was only absent wiiilu " the Dog star raged, when there is a vacation " from all city business. You me:wi to insi- " nuate a U>X:\\ want of rconumij. I know the VOL. I. X 30G LIFE OF JOHN HORNE TOOKL. 177^' *' sin that tnost easily besets me, and I know, too, " Avhere you and the ministry expect to surprise *' me. You will both be disappointed. My " friends have with pleasure remarked my re- " formation. *' As to the letter from Montpelier, you de- *' clare, in your second letter to me, before its ** publication, ' Publish it, however, when you " will; I am conjident, as indeed I have likewise *' been assured by many to whom you have *' shown it, that there is nothing in the letter of *' which I need to be ashamed.'' You kept a copy, *' as you have acknowledged, of this very letter. ** Will you indulge us with the names of some *' of the 7nany, who approve so singular a per- ** formance ? We shall then know qfivhom we " ought to be ashamed. Will you reconcile the *' above passage with what you say in your sijcth " letter, ' It Avas a mean villany, almost equal ** to the treacherous publication of a private^ "friendly, corfidential letter;^ and, * Wilkes, *' with the education of a gentleman, has ex- " ceeded in meanness and want of sentiment his ** servant Cany,'' ivho robbed his master, and " then sold the goods to ruin him ? Your repeated *' treacheries forced the publication of your " letter. On what provocation was Mr. Hea- " ton Wilkes's private, friendly, confidential tt^ 1*71- LIFE OF JOHN HORNE TOOKE. 30/ (C « letter to Mr. George Bellas given by him to you, and by you publis^hed ? " You have frequently accused me of neglect- ** ing the tvorf/ii/ freeholders of Middlesex, to " whom 1 am under the most j)eculiar obliga* *' tions, altbough you know I have not omitted " any mark of regard or gratitude to them. I *' have the happiness of living among them, and am continually paying my personal respects where they arc so greatly due. " All these attempts to embroil me with the *' freeholders of Middlesex, the supporters of the " Bill of Rights, the livery of London, the Ame- " ricans, &c., you will find ineffectual. My " public conduct shall always be clear and unex- " ceptionable. As to the connexions in private " lite, I will ende3.\ OUT mart ales ini?niclt las, sem~ " pitcrnas amlcltlas habere, preserving^ still my " strong, , natural, irreconcilable hatred to all " of the serpent and viper kind. '•Am I to answer your impertinence about " claret and French servants? It shall be in one " word. I have not purchased a bottle of claret " .since I left the King s Bencli. Only two " French servants are in my family. An old woman, who has many years attended my daughter, and a footman, whom 1 esteem, as I have often told yoii, not as a Frenchman, X J 308 LIFE OF JOHN HORNE TOOKE. 177^- " but for his singular JideUt If to an Englishman " during a course of several years, when I had '"'^ the honour of being exiled. I have reason " to believe, that from hence originated your " hatred to him. " As to the Rockingham administration, my '^ regard to them arises solely from their ser- *' vices to this country and the colonies, not " from any personal favours. I do not owe a *^ pardon to ihem, although I warmly solicited *' it during the whole time of their power. Soo7i " after thet/ came into e?nploi/ment, I wished to '■' have gone in a pul)lic character to Constanti- " nople ; but I very soon dropped that idea. I ^' never did receive from them either pension^ «i gratidtj/, or reward. When I said precarious, " I used the word as synonymous with depen- *' dent. That upright administration was re- *^ moved in July, I7b'6'. My declaration, ' never *' to accept from the crown either place, pen- *^ sion, gratuity, or emolument of any kind,' *' was not made to my most meritorious con- *' stituents, the freeholders of Middlesex, tilJ " June 18, 176'S. I then pledged myself to '' them, and added, that ' I would live and die *'^ in their service, a private gentleman, perfectly *' free, under no control but the laws, under no ^' influence but theirs,' (S-:c. IJTl- LIFE OF JOHN HOKNE TOOKE. 309 '' Whether you proceed, sir, to a fhirtceni/t, " or a t/tirtiet/i, letter, is to me a matter of the *' most entire iiulitiorence. You will no longer " have me yonr correspondent. All the efforts ** of your malice and rancour cannot irive me a " moment's dixjuietude. They ivill only tor- "' ment your own breast. I am wholly indif- *' ferent about your sentiments of me, happy in '' the favourable opinion of many valuable " friends, in the most honourable connexions, *^ both public and private, and in the ])rosj)ect of rendering myself eminently useful to my country. Formerly, in exile, when I was urbe patriaqtie eitorris, and torn from every sa- '^ crcd tie of friendship, I have moistened my *' bread with my tears. The rest of my life I *^ hope to enjoy my morsel at home in peace " and cheerfulness, among those I love and " honour ; far from the malignant eye of the *' false friend and the insidious hypocrite. " I am, sir, " Your humble servant, *' John Wilkes." (I 310 LIFE OF JOHN HORNE TOOKE. 17?!' " TO MR. JOHN WILKES. (letter XIII.) " GIVE you joy, sir. The parson of Brent- " ford is at length defeated *. He no longer " rules with an absolute sway over the city of " London. Yon have detected his Jesuitical *^ deep-laid schemes of running away with the *^ monument on his back. You have rescued *' the prostrate livery from his dictatorial au- ^'^ thority ; have congratulated them on their '^ victory ; and restored to them a perfect li- ^' berty — of doing whatever t/ou please. The '^ poor parson has been buffeted on the hustings " where he did not appear, and hissed out of " playhouses which he never entered ; he has " been sung down in the streets, and exalted to *^ a conspicuous corner with the pope and the de- "^ vil in the print shops ; and, finally, to com- *^' plete the triumph over this mighty adversary, ^' you have caused him to be burnt in effigy. * This alludes to the city elections, which turned out, in exact conformity to the wishes, and the interest of Mr. Wilkes. 2771' I'lFE OF JOHN HORNE TOOKE. 311 ■'^ After all this outcry, no doubt, you imagine there is *' No pott acquainted with more shakings and quakings *' Towards the latter end of his new play " (When he's in that case, that he stands peeping 'twixt " Curtains so fearfully, that a bottle of ale " Cannot be open'd but he thinks somebody hisses) " Than I am at this instant. *' Formerly, these arts used to he practised " against a minister of state, or at least against *' souie person whose wealth and ])o\vcr might " afford a pretence for suspicion of undue in- " fluence ; but if so insigniiicant a name as mine " can, by ])aragraj)hsj &c., be made important " enough to scare them with apprehensions for " their independence, you will never want a " bugl)car for the livery. You are heartily wel- *' come to the use you have made of it, and I '' shall freely forgive you a repetition of the same '• indignities, as long as you coniino them to tlie '• iie\vs])apers and cHigy : but, alas! all the ""' honours and j)referments you have heaped • upon iiie have likewi^-e l)i'cn only in cihgy: *■ hi> tjrace of Grafton invites me to no con- *• ference ; lord North admits me to no levee ; the Kx{ hecjucr withholds my pension ; and *' llie bishop of l)uih;iiii u III not let mc touch " one hiithing of my (iiiarterage. So that I 312 LIFE OF JOHN HORNE TOOKE. 177^^ *' have nothing left to console me hut the " support of the Shelburne faction, the re- *' covery of my old clothes, the subscriptions " I have pocketed, and sir Joseph's three bank- '^ notes. '* When first I began my public correspond- " ence with you, I engaged to give an account " of the commencement, progress, and conclu- *' sion of the intercourse between us ; because, *' from the circumstances of the relation, honest " men of any tolerable discernment will be able *' to form a judgment how far they ought, and how " far they ought not, to support you. You en- " gfiged, on your part, to give a full answer to *' every charge I should bring. / mean to keep *' mi/ promise; and, though I thought it proper *' to forbear the prosecution of it during the " city election, I shall now proceed : the deep " researches, laborious study, and prodigious *' science necessarv to qualify you for the office *'' of sheriif, will excuse voh from giving any ^' answer ; and leave yon at liberty to lye *•' anonymously in the newspapers without de- " tection. " When the motion was made at the London *' Tavern of ' No new subscriptions for the " future for any other purpose whatsoever, ** until ALL the debts of John Wilkes, esq. should I7ri- LIFE OF JOHN HORNE TOORE. 313 *' be fully lUscharo^ecl/ after a pause of some nii- " nutes Mr. Home rose, and said he bad waited " in momentary expectation, that Mr. Wilkes " would have taken the opportunity to entreat *' his friend to withdraw a motion so fatal to the '' reputation both of Mr. Wilkes and the society: *' he expressed his amazement that Mr. Wilkes " could silently hear a measure proposed, which ** could produce nothing but disgrace to both ; " but he said it was impossible Mr. Wilkes could " continue silent upon the sulijcct, unless he " was willing it should be understood, that this " attempt to impose upon the public and the so- '^ cietyproceeded from himself. Mr.Horne added, " that, since the subscription for Mr. Bingley " had very much offended Mr. Wilkes, and was " the avowed reason of this motion to prevent " any ' new subscriptions for the future for any *' other purp()"?e whatsoever,' he would eiidea- " vour to satisfy them of the propriety of that '• subscription, and the improjiriety of the pre- " sent motion. Mr. Bingley had above a year " before repeatedly sent petitions to the society, " which Mr. * had as often deferred, 'Mn ex])ertati<)n of finishing Mr. Wilkes's af- •' fair*;, and fjom a desire that nothing might * Mr. Reynolds. 314 LIFE OF JOHN HORNE TOOKE. l77^' '^' interfere to prevent it ; but when it was evl- " dent that a party was formed to avoid coming *' to any conclusion, even after three years' at- *' tention to that single object, it would have *' been cruel to the poor man to have deferred " any longer the generous intentions of several " gentlemen towards him. But there was a " much stronger reason than private compassion '' against any further delay ; the freedom of the " press M^as materially concerned in moving the " subscription for Bingley at the last meeting. " Mr. Home said, he was sorry to be forced to mention transactions which ought to be kept secret, and to explain motives which ought to "^ be understood but not expressed in large com- " panics; however, that rather than see his in- " tentions of public good defeated by this re- " strictive resolution, he would tell them his chief motive for moving the sub.scription at the last meeting. Mr. Home observed, that he had " some small time since received information " from an authority which he could not doubt, *' that a certain great personage had conversed " with the elder Onslow at St. James's near half " an hour; that in that conversation it was men- " tioned to Mr, Onslow as matter of surprise, *' that the house of commons permitted their " debates to be published; and it was asked, if it « 1771- ^IFE or JOHN HORNE TOOKE. v3l5 '^ was ever suffered before, and wliy something *' was not done to prevent it? This (juestioii '^ ironi sucli a person was well understood to be *' an order; and after the repeated failures of *' lord Manslield in the courts of law, both by " information and attachment, it was easy to " sec wliither they would next have recourse to " destrov the freedom of the ])ress. It was *' plain Mr. Onslow understood it ; for soon *'^ after, on the ^ fifth of February, his relation, " the i/ounger Onslow, made a motion in the " house of commons, that an order of that '^ house against printing any part of the debates '' should be read and entered amongst the mi- ^' nutes of that day. Mr. Home said^ this was '^ a confirmation to him of his intelligence, and " increased his suspicions of what was to '"^ follow; he had therefore himself purposelif *' caused to be inserted in the Middlesex Jonrnal *' of Fehruary "J, an innocent paragraph about ** Mr. Onflow's motion; exjiecting that tJic *' Onsbnrs would bring it before the house; "which happened as it was foreseen; for the *' printers, PFhehle, who first inserted, and *' Thompson, who copied that paragraph, were " ordered to attend the house of commons. In *'■ this interval the society met, (on tlie 12th of " Fcbniary,) before the order of attendance to • 3l6 LIFE OF JOHN HORNE TOOKE. ^77^- " the printers was expired; and Mr. Home " chose that particular moment to move the siib- " scription for Bingley, on purpose to encourage *^ the printers, (whom it was necessary to use on this occasion against the usurped power of the house,) and to show them, by this example, " that they too would be eifectually supported, " and rewarded for resisting an illegal and scan- *' dalous attempt upon the freedom of the press. *' Mr. Home declared, that this subscription for " Bingley did instantly produce the desired eft'ect, and both the printers refused to obey ; and there was no doubt, (the law being clear in the case, that a power of punishment cannot be- " long to the house of commons,) that other printers would likewise depend upon the laws of their country and the support of that society, and refuse obedience to any similar usurpation *^ of the house over them. But, said Mr. Home, *' should you now, gentlemen, come to a resolu- '-' of NO NEW SUBSCRIPTIONS ' for the future for *' ANY OTHER PURPOSE WHATSOEVER Until ALL " Mr. Wilkes's debts shall be fully discharged,* " you will undo all that has been done; the " puhiic good effect of Bingley's subscription " will be lost; the printers will despair of sup- " port; and you cannot expect that they should *' be able alone and unsup])oitcd to oppose, hovv- a (( t: \''l. LIFE OF JOHN HORNE TOOKE. 31/ " ever leirally, the poAvers of government, whiili *' are now united against the rights of the peo- " pie ; even if they should, the contest would " be too unequal, the printers would be undone, '' and the press ruined. He therefore entreated *' them to lay aside all little, factions, private " views, and forbear a resolution which would " certainly be productive of such bad conse- " qnences to the public, and such dishonour *' to the society. ^' He concluded with addressing himself *' again to Mr. Wilkes ; he called upon his *♦ policy, his public spirit, his graliluclc, his mu- *^ desti/ ; all which should strongly ])ersuade *' him to show his disapprobation of a motion *' whidi was to restrain gentlemen, who had *' done so much for him, from putting their *' hands in their ])ockets to relieve any other ob- *' ject of compassion, or to promote any pub- *' lie measure. " To all these arguments, Mr. Wilkes was " absroaching to treason — for that irri- LIFE OF JOHN nORNE TOOKE. 323 was the term then affixed to every tiling ob- noxious. During the reign of Henry VII, it might have occasionally interfered Avith his riglit to the crown; in that of HenrvV^III, with liis disputes with the pope ; while, in the times of Mary and Elizabeth, both of whom had been declared bastards by act of parliament, not only the legitimacy of their own birth, but the alternate preponderance of the Catholic and Protestant religion*, might have been deeply affected by the j)cri()dical press. The accession of the house of Stev.art pr.'- sented a new and a memorable epoch. The suc- cession to the throne was incontestible; while the church of England was decidedly predominant. The j)eople, too, had become opiilcnt and in- telligent; and knowledge of all kinds was culti- vated and diflhsed with equal assiduity and suc- cess. It was precisely at this period that newspapers began to be circulated; in the suc- ceeding rcigu their ascendancy was indeed felt, but it was not until the Revolution, that they may be said to have tanght the ))eople both to think and to act rationallv. The iirst paj)er, perhaps, printed in England, made its appear- ance in 1588: the (lisj)utes between Charles I and the connnon*', produced the " Dimnal Oc- currences of Parliament," the "Mercuries," and V 2 324 LIFE OF JOHN HORNE TOOKE. 1771- a variety of similar works, which were usually published twice a week. In I696, uo fewer than nine weekly newspapers made their ap- pearance; and the '^Orange Intelligencer," so called otit of compliment to king William, is supposed to have been the first daily paper cir- culated subsequently to his election to the throne. The men of letters, who at once adorned and enlightened the Augustan age of queen Anne, diffused a taste for learning of all kinds; and, during the sulisecjuent disputes, re- lative to the claims of the Stuart race, the house of Brunswick undoubtedly derived great and me- morable advantages from a free press. It was not, however, until the time of the second George, that periodical works began to produce a deci- sive effect on domestic politics, when the " Dra- pier's Letters," written by Swift, liberated Ire- land from the imposition of patent money, tJien frequently denominated her "copper chains;'" while lord Bolingbroke, Caleb D'Anvers, and a few eminent writers, by means of the " Crafts- man," gave a mortal stab to the administration of sir Robert Walpole, and prevented the com> pletion of a general excise. But it was not until the commencement of the present reign, that the ephemeral species of com- position, now alluded to, became a general, 1/71' LIFE OF JOHN IIORNK TOOKE. 325 speedy, and j)()j)ular mode of coiiiiniimcatiou. The power and influence of this important branch of a free ])ress was then consjiicuous to all; lor tlie (jiisstion of general warrants, the various prosecutions directed against Mr. Wilkes, and the grand contest relative to the Middlesex election, tended not a little to raise the importance of a newspaper, and soon len- dered it a most formidable weapon, when wielded by skilful hands. At that period, however, there were not, as now, near a dozen of mornine: prints, which settle tbe political faith of the day, and teach their readers how to walk, both safe and steady, by means of " paper leading- strings." Tbe Public Advertiser, because it was supposed to be perused daily at court, consti- tuted the arena in which the literary combatants, usually encountered each other, under the im- mediate eye of majesty; and the correspondence f March insiunt ; but the said ]i). Twine Car- SSG LIFE or JOHN HORNE TOOKE. 177^'* pentei' not having any other reason for appre-^ tending the said Mr. Wheble, than what ap- peared in that proclamation, the said Mr. Wheble was discharged ; and then the said Mr. Wheble charged Carpenter for assaulting and unlawfully imprisoning him ; and on his making oath of the offence, and entering into a recognizance to prosecute Carpenter, at the next sessions in London, Carpenter was order- ed to find sureties to answer for this offence, which he did, himself being bound in forty pounds, and his two sureties in twenty pounds each, and was thereupon discharged." As Carpenter requested a certificate of his liaving apprehended Mr. Wheble, the same was immediately granted by the same magistrate ; but, on application to the treasury, for the reward of fifty pounds, a direct negative was immediately given. Mr. R. Thompson, on being also appre- hended, was carried before Mr. alderman Oli- ver, the same day, and discharged. Thus far, two magistrates had acted with impunity, when an attempt was made to arrest two of their fellow-citizens, in conformity to the royal mandate ; but the authority of the house of commons had not hitherto been direct- ly 'questioned. This, however, became a sub- ject of discussion, before three magistrates, in the IT/I' LIFE OF JOHN HORNE TOOKE. 337 course of tlie same day ; a warrant having been issucil, under the speaker's liand, and an attcni])t made to execute it, within the juris- diction of tlie city, on a third printer. On comphiint being made at the mansion house, that endeavours had ])een used to seize and detain Mr. John Miller, a freeman of Lon- don, by a warrant under the authority of the house of commons, and that, in consecpience of resistance, violence had ensued, the lord mayor, and two aldermen, immediately ordered the otiicer before them. After an examination, in the usual manner, the assault being fully proved, by competent witnesses, the lord mayor Crosby, who presided, insisted on committing the messenger of the house of commons to one of the jails for the same ; and the follow- ing mittimus was accordingly made out for this puqwse, which was afterwards signed by the three magistrates. *' To all and every the constables and other olhcers of tbe ])eace for the city of London, and the liberties tbereof, whom these may concern, and to the keej)er of Wood Street Compter. '• London to wit, " These are, in his majesty's name, to com- inand you, and even of you, forthwith, safely VOL. I. z 338 LIFE OF JOHN HORNE TOOKE. 1/7^- to convey and deliver into the custody of the said keeper, the body of William Whitham, be- ing charged before iis, three of his majesty's justices of the peace in and for the said city and liberties, by the oathsof John Miller, Henry Page, John Topping, and Robert Page, for as- saulting and unlawfully imprisoning him the said John Miller, in breach of his said ma- jesty's peace ; whom yon, the said keeper, are hereby required to receive, and him in your cus- tody safely keep, for want of sureties, until he shall he discharged by due course of law ; and for your so doing, this shall be to you, and to each of vou, a sufficient warrant. *^ Given under our hands and seals this 15th day of March, 1771, " Brass Crosby, Mayor, l, s. " John Wilkes, l. s. ** Richard Oliver, l. s." On perceiving the magistrates determined to commit the messenger of the house of commons, Mr. Clementson, deputy Serjeant at arms now interposed, and offered bail for the future ap- pearance of the supposed culprit, which was ac- cepted with seeming reluctance on the part of the lord mayor. After this, he immediately ttiude an official report of what had occurred ; 1/ T'' MFE OF JOHN IIORNE TOOKE. 33C^ and sir Fletcher Norton, who filled the chair at that period, w ith great dignity, soon after coui- municated the j)articulars. The house was of course astonislied at this most unexpected oj)- position to its orders. I'he manner in which the warrant of tlieir speaker had heen treated, filled the members with indignation : the threat to commit one of their officers, apj)eared hi^lily offensive; and the humiliation of heina^ obliged to give bail, to prevent him from being im- prisoned in Newgate, or the Poultry Compter, proved mortifying in the extreme. It was an astonishing circumstance in- deed, that the commons of England, who had so often punished the ministers of the crown, and but a little more than a century before, had contended with, and overcome, a king of Eng- hmd, should now be braved by three justices of tlie metropolis! and it would have been still more humiliating, liad they known what was really the fiict, that the Avhole liad been planned and contrived by a country parson, who had left the mere execution alone to the lord mayor and m two aldermen of the city of London. The following authentic account, extracted frou) the jcjurnaN, will convey the best idea of S40 LIFE OF JOHN irOil-SE TOOKE. ^77^' the proceedings of this branch of the legislature, i]](on the present occasion. " House of Commons, 19" die Mariii, 1771. " The house of commons having yesterday received information, that one of the messen- gers of this house, after he had arrested John Miller, by virtue of the warrant of the speaker of the house of commons, to answer for a con- tempt of the said house, was carried by a con- stable, upon a charge made by the said messen- sjer, by the said John Miller, for an assault and false imprisonment made upon the said John Miller, in the said warrant, before Brass Cros- by, esq,, lord mayor of the city of London, where John Wilkes, es(j. and alderman, and Ri- chard Oliver, esq. and alderman, Avcre present. " When the deputy serjeant at arms, attend- ing this house, acquainted the said magistrates, that the s>aid arrest of the said John Miller Avas made by the said messenger, under a war- rant signed by the speaker of the house of com- mons ; which warrant was then produced, and shown to the said magistrates, and it was demanded of them, that the said messenger should be dis- charged, and the said John Miller be delivered up to the custody of the said messenger ; and that the said lord mayor, John Wilkes, esq., 1771 • I-IFE OF JOHN IIORNE TOOKE. 341 and Ricbiird Oliver, esq., after such information and demand as aforesaid, signed a warrant for the commitment of the said ines-cnirer to the Compter, for the said supposed assault and false imj)risonmeut of the said John Miller, and obliged the said messenger to enter into a re- cognizance for his a])pearance at the next quarter sessions of the peace to be held for the city of London, to answer to such indictments as should then he found airainst him for the said supposed assault and false imprisonment. • '•' Ordered, That Brass Crosby esq., lord mayor, do attend in his place to-mo -row morn- ing- " Ordered, That John Wilkes, esq., an al- derman of the city of London, do attend this house to-morrow morning, " Ordered, That Ricliard Oliver, alderman, 4o attend in his place to-morrow morning. " (Signed) " J. Hatsell, CI. Dom. Com." The lord mayor and Mr. alderman Oliver iiaving obeyed this summons, frankly acknow- ledged the accusation against them, but evinced no signs of fear, repentance, or contrition. On thi«, they were committed by the speaker's war- runt, to the Tower ot London, the house being 342 LIFE OF JOHN HORNE TOOKE. 1771. apprehensive lest the other magistrates of the corporation should either liberate or refuse to receive them, had they been sent to Newgate. As to Mr. Wilkes, instead of complying v/ith the summons, he transmitted the following letter. " TO THE RIGFir HON. SIR FLETCHER NORTON, ^' SPEAKER OF THE HOUSE OF COMMONS. ^' SIR, ec I this morninsr received an order command- ing my attendance this day in the house of " commons. I observe, that no notice is taken ^' of me, in your order, as a member of the " house, and that I am not required to attend in " my place. Both these circumstances, accord- *' ing to the settled form, ought to have been *' mentioned in my case ; and I hold them ab- *^ solutely indispensable, ^^ In the name of the freeholders of Middle- ** sex, I again demand my seat in parliament, '^ having the honour of being freely chosen, by *' a very great majority, one of the representatives *' of the said county. I am ready to take the ** oaths prescribed by law, and to give in my '• qualification as knight of the shire. •■ When I have been admitted to my scat^ I (I 1771' LIFE OF JOHN HORNE TOGKE. 3i3 *' ^vill iuimediattily give tlie house the mobt " exact detail, which will necessarily coinjjre- *' heiid a full justification of iiiv conduct rela- *' tive to the late illef]:al proclamation, equally *' injurious to the honour of the crown and the " rights of the subject, and likewise the whole business of the printers. I have Jicted entirely from a sewse of duty " to this great city, whose franchises I am sworn " to maintain, and to my country, whose noble " constitution I reverence, and whose liberties, " at the price of my l)lood, to the last moment *' of my life, 1 will defend and su])port. " I am, sir, " Your humble servant, " John Wilkes." This spirited conduct, on the part of Mr. Wilkes, enabled him to foil and elude all the power, talents, and wisdom of that house, of which he claimed to be a member. On receiv- ing the above letter, which was imjuediately read from the chair, a new order was jnade out for his attendance on the ensuing Monday : on the cxjuration ot tliut period, without any symj)tom of compliance on his part, the sum- iBOJis was renewed for " the 8th day of April next :" and, as it wa^ veil known, that he would 344 LIFE OF JOHN HORNE TOOKE. 1771- not appear in any other capacity than that of knight of the shire for the connty of Middlesex, the house, to prevent its authority from being thus outraged any longer, deemed it prudent, on the 30th of March, to " adjourn to Tues- day sevennight, the 9th day of April next," partly to conceal his disobedience from the pub- lic, and prevent such a humiliating example of contumacy from a})pearing on their own journals. At this period, several members of the oppo- sition questioned the jurisdiction of one branch of the legislature. But, both on this occasion and in the proceedings relative to the Middle- sex election, Mr. Fox, who had just entered into public life, and then held a place as commis- sioner of the treasury, stoutly contended for the privileges of the commons ; and, alluding to the numerous petitions on the table, rashly as- serted, " that he knew nothing of the people, but through the medium of their representatives there assembled." This position, which his riper judgment afterwards disavowed, rankled for years in the breast of Mr. Home, and con- tinued to operate with effect through a large portion of his life. Mr. Wilkes, too, was actu- ated by a similar resentment, and neither of fhem could ever be prevailed upon to unite 1771- LIFE OF JOHN IIORNE TOOKE. 345 cordially with this celebrated statesman, even after he had abjured all the political prejudices of his early life. Meanwhile the house, incensed at the violation of its dignity, l»y two of its own acknowledged members, at the instigation of the ministry, de- termined to proceed to extremities. Accordingly, after the ujinutes had been expunged from the city register*, the lord mayor Crosby, and Mr. alderman Oliver, who had attended in their j)laces, were committed to theTower, where they were kej)t prisoners during the remainder of that session of parliament, and at the end of that period liberated, amidst the applauses and ho- nours conferred on them by their fellow citizens, the coi-poration having voted their thanks at the same time, and presented them with gold boxes, as memorials of their esteem. A larixe portion of the nation, also, testified their a]>pro- batiou: and so strongly did the current of popu- larity then run, that they were hailed as men who liad at once ylndicat'-d the privileges of the city and the freedom of the ])ress. * " By mere violence, and wiiimut I lie shadow of ri^lit, they have extlngeu the record of a judicial fnoceediii'^. Nothing remained but to attribute to their own vote a poutr of stopping the whole distribution of criminal and civil justice. IjOrd Chatham very properly called this the act of a mou, pot of a senate." JtMUs, vol. ii, p. IGO. 346 LIFE OF JOHN HORNE TGOKE. 1771- As for Mr. Wilkes, it has been already seen, how the house had been reduced to the necessity of a subterfuge, in order to allow him to escape with impunity*. He thus obtained fresh ac- cessions of applause, and, towards the conclusion of 1775? on resigning the office of lord mayor, he not only mentioned his own conduct on this oc- casion with exultation, but boasted, that he had, in the course of that very year, threatened to commit a messenger of the house of lords to Newgate, for similar illegal proceedings -|~. Nor ought it to be forgotten, that Messrs. Wheble, Thompson, and Miller, were never then or afterwards seized, prosecuted, or punished, for their conduct upon this occasion; while the sheriffs of London, in 177^, stated, in an address * " Upon their own principles they should have committed Mr. Wilkes, who had been guilty of a greater offence tlian even the lord mayor or alderman Oliver. But, after re- peatedly ordering him to attend, they at last adjourned be- yond the day appointed for his attendance; and, by this mean, pitiful evasion, gave up the point, isuch is the force of con- scious guilt." Junius. f The house, in consequence of a complaint on the part of lord Lyttleton, against Mr. Kendall, a citizen of London, for disrespectful words, ordered the latter, unheard, to be taken into custody. The gentleman usher of the black rod (sir F. Molyneux), repaired to the city, but finding the lord mayor Wilkes was prepared to commit him for a breach of the peace, he though*, proper to retreat. l/'J'l. LIFE OF JOHN IIORNE TOOKE. 347 to the livery, " that the house of commons had tacitly acquiesced in the claim made l)y many of our worthy fellow citizens for the pnhlic at large, that the constituents have a riijht to be informed of the proceedings of their servants in parlia- ment. Several honest printers," they are pleased to add, " in defiance of their illegal orders, gave the public all the particulars of their ])roceedings during the last session, proceedings which the lionse prudently endeavoured to hide in a dark- ness snited to their deeds. " The same persons who asserted onr rights during the last, have, through the present session, continued the exercise of it in its fullest extent. Notwithstanding the report of the committee was in cx])ress terms, that the house should order, that J. Miller be taken into custody of the Serjeant at arms, the said Miller is still at largv, and still continues the severest attacks upon them by faithfully ])ubli«;hing their proceedings j fitill braves their indignation, and slee])s secure in the citv." Nor was this all; for, notwithstandinir the house Iiad expres<>ly ordered, " that no prose- cution, suit, or proceeding, be commenced or carried on, for or on account of the said pre- tended assault or false itn])ris()nment ; " vet the recognizances were delivered lo the quarter 348 LIFE OF JOHN HORNE TOOKE. I77l« sessions at Guildhall, and the grand jury actually- found bills of indictment against William Whi- tham, the messenger, who had endeavoured to enforce the speaker's warrant, and Edward Twine Carpenter, a printer, who tried to carry the proclamation into effect. On this, it was deemed proper, on the part of the officers of the crown, to remove these two causes, by cerii^ orari, into the court of King's Bench. AH legal proceedings were soon after sus- pended, however, by a rule to show cause, why a noli pj^oseqid, on the part of the attorney-ge- neral, should not be entered up ? On this, the printers, at the instigation of Mr. Home, em- ployed Mr., afterwards §erjeant Adair, as their counsel on the occasion. This gentleman, ac- cordingly, in pursuance of notice, attended Mr. attorney-general Delgey, May 17, 1771? to show cause; and after the indictment, and an affidavit on the part of the defendant had been read, deli- vered along and learned argument on this subject. Mr. Adair, who, for his conduct on this and similar occasions, soon after obtained the office of recorder of London, concluded by questioning the power of the commons to issue such a war- rant as that under colour of which Mr. Miller had been apprehended; and quoted the 11th of Henry VI, c. 11, to prove that the au^ 1771' LIFE OF JOHN HOKNE TOOKE. 349 tliorlty of an act of parliament was deemed ne- cessary to punish an assault on the person of a ruember. He added, that the warrant, signed " Fletcher Norton, speaker," under colour of Tvhich Mr. Whitham acted, was for takinsr Mr. ^Miller into the cu'^tody of the Serjeant at artus, or his depufif ; and Mr.Whitham is described, iu the direction of the very same Avarrant, to be neither the one nor tjjc other of these. The attorney-general, however, proved inex- orable, resting the defence of his conduct solely on the question: how far it is fit the king jshould be a prosecutor of a servant of the house of connnons, in the exertion of a privilege which they now claim, which they have claimed, and have been actually in possession of for ages? " The ?)()li prosefjiii" he observed, '' is called a prerogative right of the crown; it amounts to no more than this, that the king makes his elec- tion, whether he will continue or not to be the prosecutor on an indictment, and the noil pro- sequi is entered in the same words in case of the crown as of a private person. The entry upon the record is exactly the same by the at- torney-general as by a plaintifl', upon record, in any civil suit." Mr. Adair, in lii>, rejoinder, observed, that, in a prosecution by indictment^ the crown was not 350 LIIS OF JOHN HORKK TOOKE. 177^' solely concerned ; I'.nd, in order to make the case exactly similar with that of a private per- son, it should be an information, ex-off,cio, or any other prosecution at the suit of the crown. In the present instance, it was the same in ef- fect, though not in form, as if the king sent his mandate, and said the prosecution should not go on: it was tantamount to the granting of a pardon. Thus, by the manly efforts of a bold and blaring individual, neither clothed in the garb of justice nor the senatorial robe, destitute of all the influence usually derived from a large for- tune, and supported by nothing but talents and perseverance alone, was this great question decided in favour of popular rights. The mere nominal triumph, indeed, Mas apparently on the side of the house of commons; but the result proved entirely in favour of the liberty of the press: for, from that moment, the debates have been published without interruption, and now afford a constant, innocent, and edifying amuse- ment to the nation at large, as well as a great increase to its revenues. In process of time, the house of lords, also, silently conceded the point, and the late Mr. William Woodfall in.- formed me, that he first published its debates on the aj)pearance of the bill for embanking the 17"! • i-IFE OF JOHN nORNE TOOKE. 351 river, and erecting; tlie noble terrace now culled the Adelpbi; at which period his slumbers were discomposed by nightly visions of Newgate, veo- men-iishers, and Serjeants at arms. Escaping as it" by miracle, he persevered, and finally at- tained considerable reputation. This eminent reporter was succeeded, in both houses, by gen- tlemen, not only possessing more retentive me- mories, but also better cultivated minds, who usually clothe the ideas of the members in ele- gant language, and insert all the learned c] no- tations with classical fidelity aiid critical cor- rectness. CHAPTER VIII. 1771, Controversy ivith Junius. MR. HORNE, as we have already seen, wa^ scarcely allowed time to breathe after his dis* ]mte with Wilkes, when he was forced to struggle' for a degree, which would assuredly have been conferred on a man of inferior talents and less celebrity, without any opposition whatsoever. On his return, in triumph from the university, the liberty of the press, for a time, occupied his attention; and he was now assailed anew, by an arrow, shot from an unknown hand, which was intended for his destruction; but it sud- denly glanced from his buckler, and that assault, originally calculated for his humiliation and de- feat, finally added not a little to his character and reputation as a literary combatant. Perhaps, this is the proper place, for a short account of some of the men of letters of that 1771' LIFE OF JOHN IIORNE TOOKE. 353 duy, Avlu) eiigniied in jiolitical controversy, and employed their ])ens eillier for or against the administration. On the side of llicopposition, \vi\< Robert Lloyd, a man of genins, who died early in life, but not until he had distinguished him- self by a taste for poetry. He attacked the ml- nibters, however, by means of prose, in which he was less skilled: bnt the deadly enmities arising Qut of domestic feuds were but little suitable to a mind j>osscssed of great Sensibility, and addicted to the cultivation of the muses. He accordingly perished, amidst the conflicts of political hostility, after having engaged for some time as a writer against the court, and that, too, at a period, and in a cause, when even the ne- cessaries of life were not always secured by his literary labodrs. Charles Churchill, had already rendered him- self celebrated as a satirist, by the publication of the " Rosciad," in w liich he lashed many of the heroes of the green rt)om, with far better .success, than those lie was afterwards pleased to denominate the enemies of the state. He also ilerived more popularity from the " Prophecy of Famine," which gratified the ruling j)r(>j)ensity of the English of that day, towards national y)reju(lice, than by any of his j)olitical papers. Mr. Churchill heartily joined in depreciating \(>L. I. 2 A Sot LtFE OF JOHW HORNE TOOKE. ^77^' the peace of Paiis; and, under the names of the " Thane/' and '^ Mortimer," was equally eager in his abuse of the earl of Bute, both in prose ami rhime. Mr. Wilkes may be considered one of the most successful Avriters of those times, on the popular side of the question. The well meriteci applause of the iirst Mr. Pitt had taught him, in early life, to set a high value on his own talents. A good education inspired him with a classical taste, whife an association with the best com- pany gave a polish to his wit, which, in its turn, transferred an edge and keenness to his writings, that none of his antagonists could cope AA ith, and but few, for any length of time,withstand. Philip I'hicknesse, so famous afterwards for his travels and his eccentricities, had been an officer in liis youth, and afterwards obtained the appointment of lieutenant-governor of Land- guard Fort. He wrote on the same side, under the patronage of that great and good man, the first lord Camden, and, with several others^ became proprietors of the Mi(kllesex Journal, for the ex])i"€ss purpose of using it as a vehicle of attack against the administration of that day. While these^ and a host of anonymous writers^, abused every measure of the court with indiscrimi- nate severity, they themselves were occasionally iiiU f*/ 1. LIFE OF JOHN HORNE TOOKE. 355 nssailcd by the attorncy-gviicral, who, ])y means of ex-offich) in/nrnidfio/is, Avhich ])roclncIe.(l the intervention ol a srand inrv, hroimlit clown nun and misery on their devoted heads. In acKli- tion to this, their position-; were combated, their facts qtiestioned, and their conehisions denied, by a number of al)le anil c.\j)erieneeil writers; and it is no small ])roof of tlie ntility, as well as exei'llence of our constitntion, that both ])arties, on tliis, as on all similar oeca'sions, af- fected to ajjpeal to the juduinent and deci>ion of the j)eo|)le — thus renderinir ])nblic liberty more secure by their very contentions *. Of the latter, Dr. Tobias Smollel, a Scotch- man of some eminence, and ]K)Sse?sed of various attainments, had acquired considerable celebrity by hi-5 novels, in which the scenes were some- times iudelicatc, and the aim not always libe- ral. The reputation thus obtained by liction was, in son^e measure, destroyed when he at- tempted to delineate facts; for lie wrote a history of I'^ngland, without studiously investi- gatiui^ ancient authorities, or carefully ana- lysing the motives of human action. JJut he was a man, who, to a hi^h sense of lionom*, IS said to Inivc added cousidorable talents, and only wanted that leisure and opj)ortunitv, whieli * Ex pognn monsirorum, libcrtas. 2 A 2 3rr6 LfFE OI JOHN HORNE TOOKE. 177"!- wealtli alone affords, to excel in every branclt of science. Having-, unhappily, relinquished the profession of medicine, he dipped his pen in the gall of party-politics, and died in Italy, at the age of fifty, after experiencing all the infelicity but too frequently attendant on men of genius. Dr. Francis, the translator of Horace and I3emosthenes, who embarked in the same cause,, proved more fortunate. He was patronised by lord Holland, who obtained for him a credit- able rather than profitable appointment in Chelsea Hospital : but he was enabled to make a splendid provision for his son Philip, now a knight of the batii, who, after distinguish- ing himself during Mr. Hastings's administration in the East, adopted a different side in poli- tics, and whose talents, great, various^ and commanding, have been of late unfortunately lost to his native country in tiie obscurity of private life. Mr. Malloch, who, for the sake of musical cadence, had changed his name to Mallet, was a native of the north. He had w-ritteu a life of Bacon, in which he is accused of haying for- gotten that his author was a philosopher ; but he obtained some celebrity by being associated with his countryman, Thomson, in composing I I 177^' LIFE OF JOHN IIORNE TOOKE. S:)/ the " Ma'^fjue of Alfred," for the cntortainiiiciit of the little court at Leicester Hoii'=ie, dnriuir a period when it aflbctcd poj)ularity. He was also honoured with the frieud•^hip of Po])c, Swift, and Bolinghroke, the last of whom he(jueath- cd to him his posthumous works — a circum- stance that produced the bitter and sarcastic re- mark, from the j)en of the orthodox Dr. Jolm- son, " that a late nobleman had charL'^ed a blunderbuss, with all manner of combustil)les, ap:ainst the human race, and that he (hired not let it off himself, but had hired a rascal to ])ull the trig-gcr." Arthur Murphy, like Dr. Francis, was from Irelan-d ; and, like Smollet, was generally em- barrassed in respect to his finances. By twrns, an actor, a liarrister, a dramatic writer, and a translator, he conducted a periodical work, in opposition to the " North 15riton," with but ecpiivocal success. He, too, was jjatroni^ed bv lord Holland, and occasionally paid for his labours bv means of a commission *. * The autliDf learned this circumstance frnra Mr. Murphy himselt', who, at the same time, tujil him, iliai having sctM, to the sun of a pawnhroUer, an ensignry in the late duke o( Richmond's regiment, that nobleman atfcn)pti'd to trice H»o fact home to bis iMOlher-in-Uw, with whom he was then •on bud terms; ami adlcd, lhi>t this event gave ri^c to tht 358 LIFE OF JOHN HORNE TOOKE. l/fl. It was confidently asserted, by tlieir oppo- nentSj tliat both lie and bis coadjutors received immense sums of money from the tieasury, and tliat the largesses conferred on them at least equalled a German subsidy; but their lives and their deaths equally confute this assertion, for although they were conq)aratively economical in their expenses, they left little or nothing to their heirs. Indeed, but for the kindness of the Thrale family, to Avhich he had originally introduced his friend Dr. Johnson, and one or tAvo well-timed donations, from the discrimi- nating liberality of the Literary Fund, the lat- ter days of this gentleman would have been em- bittered Ijy the extremes of poverty and dis- tress. But tlie ministers found, perhaps, their most useful ally in Hogarth, an artist of acknowledged humour, and original genius. Forgetting all the ties of friendship, and true to interest alone, by caricaturing the persons, and distorting the actions of their antagonists, he often exposed them to contempt ; and, if his art did not extend to the vindication of their own conduct, vet he contrived to blunt the shafts of tlieir opjw- insertion of all nfllccrs names in the srazelte — a reeulation jiever before practised. ^ 1771- LIFE OF JOHN ilORNE TOOKE. 35p neiit-*, by means oF the most exquisite ridicule. The iesj)ectul)le ])rores-5i()n ot Cliiircljill, and the unh.ij)})y phy>?ioij:iiomy ot" Mr. \\ilkL"«, alike ex- posed themtothekeenne»)Sof Jiis iiTa])hic wit; and even the talents and the virtues of the first \\ il- liani Pitt did not always shield this great man horn the puny but successfid vengeance exer- cised bv the palaver ot the king's serjeant- painter. ^\ hile the ])artv-wiiteis, on both sides^ c(>ni- bated each other with various success, and, by turns, assailed, detended, ridiculed, and pane- j;vn"5ed all the ^reat men of the dav, a v.arrior, \vith hi'< visor up, suddenlv entered the lists, without disclosing either his name, or rank, and wiLs fortuiuite enough to iind a cavalier, decked with a red ribaiul, ready to break a lance with him. Having unhorsed tliis knight of the bath in the vcrv first encounter, he bv turns attacked all the champions in the Held, and the carls of Bute and Mansfield, together with the duke of (irafton, by turns felt the effects of his skill and intrepiditv. lOven majesty itself was not sacred from his attacks ; for he rudely aj)|)roached the throne, and brandished liis weapons, in the face of the soNcreign. "^Fhe eve* of all were in>»tantlv fixed upon him, and, with loud shouts, dtiiiai)dcd who he v\;is? but 360 LIFE OF JOHN HORNE TOOKE. ^77^- he fought in a mask, under the feigned appel- lation of Junius, which was proudly embla- zoned on his banner, and, as he did not openly wear the colours of any party, it is difficult to trace either his person or his motives. Al- though he levelled the most deadly blows with impunity, and at times recurred to weapons not always warranted by the courtesy of modern warfare, yet his doom was already sealed, for he was now stopped, in mid- career, and van- quished by the arm of a ])riest ! The first letter, published by this celelnated writer, was addressed to the printer of the *^' Public Advertiser," and is dated January 21, 1769. After depicting the situation of the country in the most gloomy colours, and condoling with the people on their fate, in ele- gant and polished periods, which seemed to give additional energy to his attack, he con- cludes thus : — " If, by the immediate interposi- tion of Providence, it were possible for us to es- cape a crisis so full of terror and despair, pos- terity will not believe the history of the pre- sent times. They will either conclude, that our distresses were imaginary, or that we had the good fortune to be governed by men of acknowledged integrity and wisdom : they will iiot believe it possible, that their ancestors 1771- LIFE OF JOHN IIORNE TOOKt. 'SGi could have survived or lecovcred from so des- perate a coudition, wliile a duke of Gral'ion was prime minister, and lord North chancellor of the exchequer i a Weymouth, and a Ilillsho- rough, secretaries of state ; a Ciranbv, con)- mander-in-chief ; and a Manstiehl, chief criminal judi^e of the kingdom." The replies of sir Wil- liam Dra]>er attracted fresh abuse on his own friends, and acquired additional celebrity to this writer, who Avas now complete master of the field, when, in a rash moment, he u antonly se- lected from the throng, and attacked the sui)ject of these memoirs with an unusual deirree of rancour, malignity, and inju^-tice. It was not until his lifteenth letter *, however, dated July .0, 1771> that he mentioned this gentleman with asperity; and it is no small proof of the estimation in which his influence was then held, that Mr. Home's supposed defection from the public cause, and his allcdged misconduct in the city, in opposition to Mr. Wilkes, constituted * This is addressed to the duke of C.'rafton; and, beiuf wrilii.u during the tlcciiun for sIierifFs of London, contains many |)<;in!ed allusions to city politics. On that occasion. Mr. alderman Oliver havinj^ rtlti^ed to st-rvr; ihe ofllct; uilli VVdkcs, the latter iinn»ediat(dy united with IMr. alderman Hull, and obtained a large majMiity for himself and his col- leagues. Mciiirs. Plumbc and Kirkmau were the minisleiial candidates. 362 LIFE OF JOHN HORNE TOOKE. 1771. tlie basis of the accusation. After mentioning his " new zeal," in support of administration, lie proceeds as follows : *' The unfortunate success of the rev. Mr. Home's endeavours in support of the ministerial nomination of sheriffs, will, 1 fear, obstruct his preferment. Permit me to recommend him to your grace's protection. You will find him co- piously gifted with those qualities of the heart, which usually direct you in the choice of your friendships. He, too, was Mr. Wilkes's friend, and as incapable as you are of the liberal resent- ment of a gentleman. No, my lord — it Avas the solitary, vindictive malice of a monk, brood- ing over the infirmities of his friend, until he thought they quickened into public life, and feasting with a rancorous rapture upon the sordid catalogue of his distresses. Now, let him go back to his cloister. The church is a proper retreat for him. In his principles, he is already a bishop. The mention of this man has moved me from my natural moderation : let me return to your grace ; you are the pillow on which I am determined to rest all my resentments." An attack, at once so scandalous and so false, on the ])erson, principles, and profession of Mr. Home, M as not to be endured ; and, although he was assailed from scAcral quarters^, and even Ifji. LIFE OF JOHN HORNE TOOKE. .'jG.l brought ujjoii the stage by Mr. Foote, yet he ini- jiiediiitely resumed his pen, and rej)hcd in the following letter, which attracted general notice, « THE ULV. J. IIORiNE TO JUNIUS. July 13, 1771. ^* SIR, "FARCE, comedy, and tragedy — Wilkes, •' Foote, and Junius, united at the same time *' against one poor parson, are feaiful odds. The •^ two former are onlv lahourini;- in tlieir voca- '' tion, and may ccjually plead in excuse, that •' their aim is a livelihood. 1 admit the ])lea for " the second ; his is an honest calling, and my ^' clothes were lawful game ; hut 1 cannot so " readily a))prove Mr. Wilkes, or commend him ** for making patriotism a trade, and a frandu- " lent trade. But what shall I say to JuuIks, " the grave, the solemn, the didactic ! Ridi- '•' cnle, indeed, has been ridiculously called the " test (jT truth ; hut surely, to confess that vou '^ lose your nufiiial nioderution w hen mention is '■ made ol the man, does not ])romise much * truth or justice when you sj)eak of him " yourself. " You charge me with ' a new zeal in sup- '■ port ol administration,' and with ' emleavours 364 LIFE OF JOHN HORNE TOOKE. 1771. " in support of the ministerial nomination of *' sheriffs.' Tiie reputation which your talents " have deservedly gained to the signature of *^ Junius, draws from me a reply, which I dis- " dained to give to the anonymous lies of Mr. ^' Wilkes. You make frequent use of the word "gentle-man; I only call myself a man, and " desire no other distinction: if you are either, " you are hound to make good your charges^ or " to confess tliat you have done me a hasty in- " justice upon no authority. " I put the matter fairly to issue.— I say that, " so far from any ' new zeal in support of admi- " nistration,' I am possessed with the utmost " ahhorrence of their measures ; and that I " have ever shown myself, and am still ready, in ^ any rational manner, to lay down all I have •my life — in op])08ition to those measures. " I say, that i have not, and never have had, any *' communication or connexion of any kind, " directly or indirectly, with any courtier or " ministerial man, or any of their adherents ; that " I never have received, or solicited, or expected, *' or desired, or do now hope for, any reward of " any sort, from any party or set of men in ad- " ministration or opposition : I say, that 1 never " used any ' endeavours in support of the mi- " nisterial nomination of sheriffs ;' that I did 1771* LIFE OF JOHN HORNE TOOKE. ohj *' not solicit any one liveryman for his vote for " any one of the candidates ; nor employ any '^ other })erson to solicit : and that I did not '* write one sinsrle line or word in favour of " Messrs. Plnmhe and Kirkman, whom 1 nn- " derstand to have heen sujiported hy the mi- *' nistrv. " You are bound to refute what I here ad- " vance, or to lose your credit for veracity ; you *' must produce facts ; surmise and general abuse, *• in however elegant language, ought not to pass *' for proofs. You have every advantage, and '* I have every disadvantage: you are unknown, " I give my name : all parties, both in and out " of administration^ have their reasons (whicli •' 1 shall relate hereafter) for uniting in their " wishes against me : and the popular prejudice '• is as strongly in your favour, as it is violent '' against the ])arson. *' Singular as my present situation is, it is *' neither painful, nor was it uuloreseen. He " is not fit for })ublic business who does not *' even at his entrance ])rej)are his mind for *' such an event. IIe;dth, fortune, tranquil- *' litv, and private connexion"^, 1 have sacrificed *' upon the altar of the j)ublic ; and the oidy ** return I receive, because I will not concur to " dupe and mislead a senseless multitude, is S6G LIFE or JOHN HORNE TOOKE. iTfl* ^' barely, that they liave not yet torn me iil " pieces. That this has been the only re- turn, is my pride ; and a source of more real satisfaction than honours or prosperity. I ^ can practise, before I am old, the lessons I '' learned in my youth ; nor shall I ever forget " the words of my ancient monitor : " 'Tis the last key-stone That makes the arch : the rest that there were put Are nothing, till that comes to bind and shut. Then stands it a triumphal mark ! then men Ohserve the strength, the height, the why and when It was erected; and still walking under. Meet some new matter to look up and wonder ! ' " I am, sir, " Your humble servant, " John Horne." Soon after the appearance of this letter, Mr„ Woodfall received the following private note, in the hand-writing of Junius, accompanying the reply, which the latter had determined, if pos- sible, to keep secret. " Jnfj/ 10, 1771. " To prevent any unfair use being made of '' the enclosed, I entreat you to keep a copy of *^ it; then seal, and deliver it to Mr. Home. I " presume you know Avhere he is to be found. * New edition of Junius, vol. i. No. 56, p. *22Q. 17ri' ^IfE OF JOHN IIORNE TOOKE. SG^ It was evidently tlio wish, pcvliaps, of this celchrated writer, not to he interriijited in his attack on the duke ot'Cirafton, &c. ; hut he was disappointed; for Mr. Home, with his usual manliness, returned the letter to the printer, witli instructions to puhlish it immediately. •• JUNIUS TO THE REV. J. HORNE. " Juli/2h 177 i. ** SIR, " I CANNOT descend to an altercation with " von in the news])apers. But since I have at- ** tached vour character, and you complain ot" *' injustice, 1 think you have some right to au *' exphmation. You defy me to ])rove that you " ever solicited a vote, or wrote a word in suji- *' port of the ministeriiil aldermen. Sir, I did " never ^usJ)ect you of such j^ross folly. It would " have Ik'CH impossihle for Mr. Home to have " solicited votes, and very dilhcnlt to liave " written for the ncw'«paper3 in defence of that " cause, without heini; detected and brouiiht to *' shame. Neither do I pretend to any intelli- ** gence conterning you, or to know more of *' vour conduct, than you yonr^-elf have thought " proper to communicate to the puhlic. It is 3()8 LIFE OF JOHN HORNE TOOKE. 1/f 1. " from yonr own letters I conclude that yoit " have sold yourself to the ministry: or, if that " charge be too severe, and supposing it possible " to be deceived by appearances so very strongly *' against you, what are your friends to say in your " defence ? Must they not confess that, to gra- " tify your personal hatred of Mr. Wilkes, yon *• sacrificed, as far as depended upon your in- " terest and abilities, the cause of the coun- " try ? I can make allowance for the violence " of the passions ; and, if ever I should be con- *' vinced that you had no motive but to de-« " stroy Wilkes, I shall then be ready to do jus- *^ tic© to 3^our character, and to declare to the " world, that I despise you somewhat less than '' I do at present. — But as a public man, I must " for ever condemn you. You cannot but know " — Uriy you dare not pretend to be ignorant — " that the highest gratification of which the most *' detestable in this nation is capable, " would have been the defeat of Wilkes. I know *' that man much better than any of you. Na- " ture intended him only for a good-humoured " fool. A systematical education, with long " practice, has made him a consummate hy- " pocrite. Yet this man, to say nothing of " his worthy ministers, you have most assidu- ^' ously laboured to gratify. To exclude Wilkes, iyi"^. LIFE OF JOHN IIORNE TOOKE. 3G[} '•' it was not necessary yon shonld solicit votes for *• his opponents. We incline the balance as " effectually by lessening; the weii^ht in one '' scale, as bv iiicrcasinj^ it in the other. *' The mode ot your attack upon Wilkes, *' (tlion^jh I am far thinkin£r meanly of your abi- " lities,) convinces nic, that you eitjier want '•judgment extremely, or that you are blinded "• bv your resentment. You oufflit to have fore- " seen, that the charges you urged against " Wilkes could never do him any nuschief. " After all, when we expected discoveries highly " interesting to the community, what a pitiful '^ detail did it end in! Some old clothes — a "Welch pouey — a French footman — and a *' hamper of claret. Indeed, Mr. Home, the " puldic should, and ivUl, forgive him his claret ^' and his footmen, and even the ambition of " making his brother chand)erlaiii of London, " as long as he stands forth against a ministry " and parliament, who are doing every thing " they can to enslave the country, and as long " as he is a thorn in the kinir's side. You will " not suspect me of setting u]) Wilkes for a per- " feet character. The question to the public is, *' where shall we find a man, who, with purer " j)rincij)les, will go the lengths and run the ha- '' zards that he has done? The season calls for \o\.. I. 2 n :\'/0 LIFE OF JOHN HORNE tOORE. l/?!- " such a man, and lie ought to he supported, " What wonki have heen the triumph of that * odious hypocrite and his minions, i^Wdkes had " heen defeated ! It was wot ijour fault, reve- *• rend sir, that he did not enjoy it completely. " — But now I promise you, you have so little ^'^ power to do mischief, that I much questiou *' whether the ministry will adhere to the pro- '* mises they have made yon. It will be in vaiir '^ to say that I am a partisan of Mr. Wilkes, or " personally your enemy. You will convince '• no man, for you do not believe it yourself. Yet, " I confess, I am a little offended at the low rate ** at which you seem to value my understand- '• ing. I beg, Mr. Home, you will hereafter be- " lieve that I measure the integrity of men by " their conduct, not by their professions. Sucb " tales may entertiiin Mr. Oliver,^ or your grand " mother, br»t, trust me, they are thrown aAvay '^ u])on Junius. " You sav YOU are a man. \Yas it seuerous; *' was it manly, repeatedly to introduce into a newspaper the name of a young lady, witli whom you must heretofore have lived on term& of politeness and good humour? — But I have "done Avith you. In nuf opinion your credit ^^ is irrecoverably ruined. Mr. Townsend, I '-^ think, is nearly in the same predicament.— it 17ri- LIFE OF JOIIS HORNE TOOKE. 3/1 *' Poor Oliver has been sliamefullv clii])cd by " von. You liavc made him sacrifice all tlic " honour he got h\ his imprisonnient. — As for '• ^Jr. Smchridgc, >vhose character I really rc- *' sj)ect, I am astonished he does not see through " your duj)Ucity. Never was so base a design so "' poorly conducted. — This letter, you see, is ^' not intended for the public; but, if you think ^* it will do von any service^ you are at liberty *' to publish it. " THE REV. J. HOllNE TO JL'xXIUS. " July 31, 177 i. *• SIR, " YOU have disappointed me. When I told *' you that snrnjise and general aljusc, in how- " ever elegant language, ought not to pass for " proofs, 1 evidently hinted at the reply which '"' I expected: but you have drop])ed your usual *'' elegance, and seem willing to try what will " be the effect of surmise and general abuse in '* very coarse language. Your answer to my letter (which i hope was cool, and temperate, " and modest) has convinced me that my idea " of a m(tn i> nmch superior to yours o^ 'a gcn- " tleman. (Jf your former letters I have alwavs *' said tiuitt'riam siipcralHtf opus: 1 do not think 2 h '2 ti 3/2 LIFE OF JOHN HORNE TOOKE. ITTl' " SO of the present; the principles are more " detestable than the expressions are mean and " illiberal. I am contented that all those who " adopt the one should for ever load me with tbe " other. " I appeal to the common sense of the public, *' to which I have ever directed myself: I be- '' lieve they have it, though I am sometimes •• half inclined to suspect that Mr. Wilkes has *' formed a truer judgment of mankind than I " have. However, of this I am sure, that there *• is nothing else upon which to place a steady " reliance. Trick, atjd low cunning, and ad- " dressing their prejudices and passions, may *' be the fittest means to carry a particular "point; but, if they have not common sense, '^^ there is no prospect of gaining for them any " real permanent good. The same passions " which have been artfully used by an honest " man for their advantage, may be more artfully " employed by a dishonest man for their de- *' struction. I desire them to a])ply their com- *' mon sense to this letter of Junius, not i'or mv *' sake, but their own ; it concerns them most ^' nearly, for the principles it contains lead to " disgrace and ruin, and are inconsistent with *■ every notion of civil society. " The charges vvlilch J/niius has brought l/ri- LIFE OF JOHN HORNE TOOKE. 3'3 against me are made ridiculous by his own inconsistency and self-contradiction. He cluui^es mc ])Ositively with ' a new zeal in sup- ])ort of administration ;' and with ' endeavours in support of the ministerial nomination of shc- a it n wC *' riffs.' And he assigns two inconsistent motives " for my conduct : either that I have 'sold myself " to the ministry ;' or am instigated ' l)y tlie so- **' litary, vindictive malice of a moidv-.' cither *' that I am influenced by a sordid desire of "' gain ; or am hurried on by ' j^ersonal hatred, '* and blinded by resentment.'' *' In his letter to the duke of Grafton \w *' supposes me actuated by both : in his letter " to me he at first doubts which of the two, " whether interest or revenge, is my motive : " however, at last he determines for the former, ** and again positively asserts, that ^ the mi- '• nistry have made me promises;' yet he pro- " duces no instance o^ corruption, nor pretends " to have any intelligence of a ministerial con- •' nexion : he mentions no cause of personal " hatred to Mr. Wilkes, nor any reason for my '* resentment or revenge; nor has Mr. Wilkes *' himself ever liinted any, though re])eatedly " presseii. \\ hen Junius is called u])on to jus- '* tify his accusation, lie answers, ' jje cannot *' descend tu an altercation with me in the Sf4 LIFE OF JOHN HORNE TOOKE. l^/'t newspapers.' Junius, who exists only in tho newspapers, who ackuowledges ' he has at- '• tacked my character' there, and thinks I ha^e '* some I'ight to an explanation ; yet this Junius "^ ' cannot descend to an altercation in the news- '' papers !' and because he cannot descend to an '' altercation with me in the newspapers, he ^' sends a letter of abuse by the printer, which " he finishes with telling me — ' I am at liberty " to publish it.' This, to be sure, is a most ex- " cellent method to avoid an altercation in the *' newspapers ! " The proofs of his positive chtirges are as ex- • ^ traordinary : ' he does not })retend to any in- " telligrence concernins: me, or to knoAV more of *' my conduct than I myself have thought pro- " per to communicate to the public' He does " not suspect me of such gross folly as to have *' solicited votes, or to have written anony- " mously in the newspapers, because it is ini- " possible to do either of these without being '' detected and brought to shame. Junius says '' this ! who yet imagines that he has himself " written two years under that signature, (and " more under others,) without being detected ! " — his Avarmest admirers will not hereafter " add, without being brought to shame. But *' though he did never suspect me of such gross 1/ P- I'IFE OF JOHN HORNE TOOKE. Sfb '* folly as to run the hazard of licing (ktected " and broviglit to shiune by anouifmous writiiii^, " he ins'usts thiit I have been guilty of a iiiuch '^ grosser follv of iiicnning tiie fcitauitv of " shame and detection bv vvritina-s signed with ** niv name ! But this is a small fliiiht for the " towerinir «/«w/«A' : 'lie is far from thiukinsr " meanly of my abilities,' though he ' is con- " vinced that I want judgment extremely/ and ^' can REALLY RESPECT Ml'. Suivbridgts cha- *' racfer,'' though he declares him to he so '• POOR A CREATURE QS HOt tO ' SeC tllfOWJ^h tkc *' basest design conducted in the poorest man- " iier /' And this most base design is conducted '• in the ponres^t manner, ]jy a man whom he " does not sii«;pect of gross folly, and of whose '' abilities he is far from thinking meanly ! " Should we ask Junius to reconcile these *' contradictions, and exjdain this non^^ense, the " answer is ready ; ' he cannot descend to an al- *' tercation in the newsjia])ers.' lie feels no re- •' Inctancc to attack the character of anv man : " the throne is not too higli, nor the cottage too *' low : his miuhtv malice can arasn Ijoth ex- " tremes : he liints not his accusations as opi- '' nion, conjecfnre, or inference ; but delivers " them a< positive assertions. I).) tlie accused • fomjtl'iiu of injn«;lire ^ lie acknowledges they 376 LIFE OF JOHN HORNE TOOKE. ^771'. " have some sort of right to an explanation ; " but if they ask for proofs and facts, he begs to " to be excused ; and though he is no where " else to be encountered — ' he cannot descend " to an altercation in the newspapers.' " And this, perhaps, Jumus may think ' the '' liberal resentment of a gentleman ;' this skulk- " ing assassination he may call courage. In all '* things, as in this^ I hope w'e differ : " ' I thouf^ht that fortitude had been a mean 'Twixt fear and rashness; not a lust obscene Or appetite of offending ; but a skill And nice discernment between good and ill. Her ends are honesty and public good. And without these she is not understood.' " Of two things, however, he has conde- " scended to give proof. He very properly pro- ^' duces a young lady to prove that I am not ^^ a man ; and a good old ivoman, my grandmo- *' ther, to prove Mr. Oliver a fool. Poor old ^'^ soul ! she read her bible far otherwise than " Junius ! she often found there, that the sins " of the fathers had been visited on the chil- " dren ; and therefore was cautious that herself ^^ and her immediate descendants should leave " no reproach on her posterity ; and they left " none : how little could she foresee this reverse ■' of Junius, who visits my political sins upon i7ri- LIFE OF JOHN riORNE TOOKE. .377 *' my grandmother I I do not c]iuri::e this to the " score of malice in him, it proceeded entu'ely ^•' from his pro})ensity to bhnulcr ; that wliilst " he was reproaching me for introduciiijr, in the " mo-^t harudess manner, the name of one fe- '"' male, he might himself, at the same instant, *' introduce two. *' I am represented alternately as it snits Ju~ " niuss pnrpose, nnder the opposite characters ^' of a g/oomi/ moul'y and a man ot politeness " and liood liurjiour. I am called ' a soUtarif " monk,' in order to confirm the notion i^iven of me '' in Mr. Wilkes's anonymous ])araiiraphs, that I '' never laugh : and the terms oijwiifeness and ^' good humour, on which I am said to have lived ^* heretofore with the young lady, are intended *^ to confirm other paragraphs of Mr. Wilkes, " in which he is supposed to have ollendcd me *' by refusing his daughter. Iiidicnlons ! Yet " I cannot deny but that Junius has i)roved me *' unmanly and ungenerous as clearly as he has " shown me corrupt and vindictive : and I Avill *' tell him more ; 1 have paid the ])resent mi- " nistry as manv visits and cowpliments as ever ." I ])aid to the young ladi/, and >e it *' would mortify the king ! *' Should he wish to see lord Rockingham and '* his friends once more in administration, un~ " clogged hj/ anif stipulations jar the people^ " that he might again enjoy a pension of one thou- ** sand and forty pounds a }jeai\ viz., from the "first lord of tlie treasury oOOL, from tlie lords *' of the treasurij 6ol. each ; from the lords of *' trade 4oL each, &c,, the public nuist give up " their attention to jjoints of national benefit, *' and assist Mr. Wilkes in his attem])t — bc- "*' cause it would mortify the king! " Should he demand the goverimient of Ca- " nada, or q( Jamaica, or the embassy to Coji- " stantinople ; and in case of refusal threaten to ** write them down, as he iiad before served *' another a " this wholesale trade) choose to dole out his *■• popularity hy the })ouud, and expose the city *• ofHces to sale to his brother, liis attorney, &c., *•' Junius will tell us, it is only an umhition that '• he has to make them chamberlain, town-clerh, " &c. ; and he mnst not be opposed in tlnis roh- '■' bing the ancient citizens of their birth-right — '^ because any defeat of Mr. Wilkes would gra- *• tify the king! *' Should lie, after consuming the whole of his '' own fortune and tliat of liis wife, and incur- " ring a debt of twcntij thousand pomuU merely '"' bv his own ])rivate extravagance, without a " single service or exertion all this time for the '^ public, whilst his estate renuiined ; should he *' at length, being undone, commence patriot, *' have the good fortune to be illegally perse- voi,. I. '2 t" (C SB6 life of JOHN HORNE TOOKE. JT^^ ' *' secuted, and in consideration of that illega- lity, be espoused by a few gentlemen of tlic purest pu])lic principles ; should his debts, " (though none of them were contracted for the " ^public,) and all his other incumbrances, be '^ discharged ; should he be offered 6oo/. or '• lOOO/. a year to make him independent for '' the future ; and should he, after all, instead " of gratitude for these services, insolently for- '' bid his benefactors to l}estow their own monev " upon any other object but himself, and revile " them for setting any bounds to their supplies ; " Junius, (who any more than lord Chatham, '^ never contributed one farthing to these enor- '•' mous expenses,) will tell them, that, if they ^ think of converting the supplies of Mr. " Wilkes's private extravagance to the su])port "' of public measures — they are as great fools " as my grandmother ; and that Mr. Wilkes " ought to hold the strings of their purses-^ — as " Ions as he continues to he a thorn in the hinii:\^ " side " Upon these principles I never have acted, "^ and I never will act. In my opinion, it is " less dishonourable to be the creature of a court " than the tool of a faction. I will not !)e '• either. I understand the two great leaders ol '• opposition to be lord Rockingham and lor:«l. l/jrl- LIFE OF JOHN HORNE TOOKE. 387 '' Chatham ; under one of whose banners all ** the opposing members of both houses, who '" desire to g:et ])laccs, enlist. I can j)]ace no " confidence in either of them, or in any others, " unless thev will now eniraiz:e, whilst thev are " OUT, to grant certain essential advantages " for the security of the public when they shall " be IN administration. These points they re- " fuse to stipnlatc, because they are fearful lest '^ they should prevent any future overtures from " the court. *' 'Jo force them to these stipulations has '*' been the uniform endeavour of Mr. Sawbridsre, " Mr. Townsend, Mr. Oliver, &.C., and theiie- " FORE they are abused by Junius. I know no •' reason but my zeal and industry in the same " cause, that should entitle me to the honour of " being ranked by his abuse with persons of " their fortune and station. It is a duty I owe " to the memory of the late Mr. Beckford to ** say, that he had no other aim than this ** v,hen he ])rovided that sumptuous entertain- " ment at the mansion-house, for the members " of both houses in opposition. At that time " he drew nji the heads of an engagement, " wliich he gave to me with a request that I *' would couch it in terms so cautious and prc- " cise, as to leave no room for future quibble 'J. c -J 388 tlFE OF JOHN HORNE TOOKE. 177^- '* and evasion ; but to oblige them either to ful- " fil the intent of the obligation, or to sign their '^ own infamy, and leave it on record ; and this; '^ engagement he was determined to propose to " them at the mansion-house, that either by " their refusal they might forfeit the confidence " of the public, or by the engagement lay a *' foundation for confidence. When they were " informed of the intention, lord Rockingham " and his friends flatly refused any engagement ; *' and Mr. Beckford as flatly swore, they should " then — ' eat none of his broth ;' and he was *' determined to put off the entertainment : but •' Mr. Beckford was prevailed upon by to " indulge them in the ridiculous parade of a •"' popular procession through the city, and to " give them the foolish pleasure of an imaginary " consequence, for the real benefit only of the " cooks and purveyors. " It was the same motive which dictated the " thanks of the city to lord Chatham ; which *' were expressed to be given for his declaration '' in favour of short parliaments : in order there- " by to fix lord Chatham at least to that " one constitutional remedy, without which all '^ others can afford no security. The embar- " rassment no doubt was cruel. He had his *^ choice either to offend the Rockingham party. ^77^' LIFE OF JOHN HORNE TOOKE. 38.9 ** v.ho declared forma/li/ agiilnst short p.irlia- ^' iiients ; and with the u-jsistaiice of whose " luiinhers in hoth houses he must expect again " to be minister ; or to give up the confidence *' of the public, from whom finally all real con- " sequence must proceed. Lord Chatham chose ** the latter; and I will venture to say, that, bv " his answer to those thanks, he has given up *' the people without gaining the friendship or " cordial assistance of the Rockiuirham faction : '' whose little politics are confined to the mak- " ing of matches, and extending their familv " connexions, and who think they gain more by *' procuring one additional vote to their party in " the house of commons, than by adding their *' landed ])roperty and feelde character to the '' abilities of a Chatham, or the confidence of a *' jnd)lic. •' Whatever may he the event of the present *' wretched state of ])olitics in this country, the " principles of t///«/w* will suit no form of go- *' vernment. They are not to be tolerated ini- " der any constitution. Personal enmity is a " motive fit only for the devil. Whoever or *' whatever i^ sovereign, demands the resj)cct " and support of the j)cople. The union is '' formed ior ibcir haj)piuess, A\hi(h cannot l>e *' had without mutual re'-])ect : and he counsels 390 LIFE OF JOHN HORNE TOOKE. l/'J'K " maliciously, wlio would persuade either to a " wanton breach of it. When it is banished *^ by either party, and when every method has '* been tried in vain to restore it, there is no re- " medy but a divorce : but even then he must " have a hard and a wicked heart indeed, who " punishes the greatest criminal merely for the " sake of the punishment ; and who does not let " fall a tear for every drop of blood that is shed '^ ma public struggle, however just the quarrei. " John Horne." After a long pause, the following reply at length made its appearance, *' JUNIUS TO THE PRINTER OF THE PUBLIC " ADVERTISER. August 15, 1771. *^ SIR, " I OUGHT to make an apology to the duke *^ of Grafton, for suffering any part of my at- " tention to be diverted from his grace to Mr. "' Horne. I am not justified by the similarity *^ of their dispositions. Private vices, however " detestable, have not dignity sufficient to at- | " tract the censure of the press, unless they are '* united with the power of doing some signal '^mischief to the community. — Mr. Home's " situation does not correspond with his in- ITTI- LIFE OF JOHN HOUSE TOOKE. 3^ I '' tentions. — In iny own opinion, (uliich I " know, will he attrihnted to n\\ usuiil vanity *' and |jre<^nniption,) his letter to nie docs not *•' deserve an answer. 15 ut 1 understund tliat the *•' puhlic are not satisfied with my silence ; — liiat *' an answer is expected from me, and that if" I *' persist in refnsinj;: to plead, it will he taken for " conviction. 1 should he inconsistent with the ^' principles I ])rofess, if 1 declined an ap])eal to " the good sense of the j)cople, or did not wil- " lini^ly suhnjit myself to the jndirnient of ciy '• peers. '*' If any coarse expressions have escaped me, " 4 'Hn ready to agree that they are unfit for Ju- '■ /lias to make use of; hut I see no reason to *•' admit that they have lx?en ijnj)roperly ap- " plied. " Mr. Home, it seems, is unai)le to coinpre- *' hend ho.v an extreme want of conduct and " discretion can consist with the ahilitie-. I have " allowed him ; nor can he conceive that a very *•' honest man, with a verv good un(ier>ta!>ding, *• may he deceived hy a knave. His knowledtie *' of human nature must he limited indeed. Had *' he never mixed with the world, one would " think that even his hooks might have taught *' hiiii hcttci'. Did he hear lord Mansfield, '• ivhen lie defended hir- doctrine concerning 393 LIFE OF JOHN HORNE TOOKE. I// i. '■' libels ? Or when he stated the law in pro- ^' secutions for criminal conversation ? Or ^' when he delivered his reasons for calling " the house of lords together to receive a " copy of his charge to the jury in Woodfall's " trial. '' Had he heen present upon any of these oc- *' casions, he would have seen how possible it '• is for a man of the first talents to confound " himself in absurdities, which would disgrace " the lips of an idiot. Perhaps the example " might have taught him not to value his own un- " derstanding so highly. Lord Lyttelton's inte- '•^ grity and judgment are unquestionable; — ^' yet he is known to admire that cunning " Scotchman, and verily believes him an honest " man. — 1 speak to facts, with which all of us "^ are conversant. — I speak to men and to their *' experience, and will not descend to answer *'^ the little sneering sophistries of a collegian. — "'^ Distinguished talents are not necessarily con- •^ nected with discretion. If there be any thing *' remarkable in the character of Mr. Home, it *■' is, that extreme want of judgment should be " united with his very moderate capacity. Yet " I have not forgotten the acknowledgment I " made him. He owes it to my bounty : and *' though his letter has lowered him in my ii ii 1771- i-lFE or JOHN ilORNE TOOKE. 3C)3 o])inion, I scorn to retract tlic cliarita])le do- nation. " I said it woukl be ten/ liilficult for Mr. Ilorne to write directly in defence of a niini- '* sterial mcasnre, and not to be detected ; and " even tbat difficulty I confined to Jus ])ar- " ticnlar situation. He cbanges tbe terms of " the proposition, and supposes nie to assert, •^ that it would be impossible for any man to " write for the newspapers^ and not be dis- '•' covered. " He repeatedly affirms, or intimates at least, "■ that he knows the author of these letters. *' With what colour of truth then can he pre- " tend that I am no ivhere to be encountered but " in a newspaper 9 I shall leave him to his '' suspicion*. It is not necessary that I should •' confide in the honour or discretion of a man, •* who already seems to hate me with as much '* rancour, as if 1 had formerly been his friend. '^ Hut he asserts tbat lie has traced me throui;l| '^ a variety of jsiii^natures. To make the dis- " covery of any imjjortance to his purpose, he " should have |)rove(l, either that the fictitious " character of .///;///<.v has not bc(Mi consl^trntlv " supported, or tbat the autiior has maintained (iitlerent principles under different siirnatures. •' I cannot recal to niv memorv the nund)crless 5.94 LIFE OF JOHN HORNE TOOKE. 1^71- " trifles I have written ; but 1 rely upon the ^' consciousness of my own integrity, and defy *' him to fix any colourable charge of incon- " sistency upon me. " I am not bound to assign the secret motives of his apparent hatred of Mr. Wilkes : nor does it follow that I may not judge fairly of " his conduct, though it were true that I had no " conduct of my oivn. Mr. Home enlarges, with " rapture, upon the importance of his services ; " the dreadful battles which he might have " been engaged in, and the dangers he has ** escaped. " In support of the formidable description, " he quotes verses without mercy. The gentle- " man deals in fiction, and naturally appeals to *' the evidence of the poets. Taking him at his " word, he cannot but admit the superiority of *^ Mr. Wilkes in this line of service. On one " side, we see nothing but imaginary distresses. *' On the other, we see real prosecutions ; real " peinalties ; real imprisonment ; life repeatedly " hazarded ; and, at one moment, almost the *' certainty of death. Thanks are undoubtedly " due to every man who does his duty in the " engagement ; but it is the wounded soldier " who deserves the reward. " I did not mean to deny that Mr. Home hfid 1771' LIFE OF JOHN HORNE TOJlvE. o95 *' been an aciive piirtisan. It would doleat my " own pni])ose not to allow him a doirrcc of *' merit, which aggravates his iruilt. I'he very ^' charge of' contributing Jii^ iitmosl efforts to " support a ministerial measure, implies an ae- *^ knowledi^ment of his former services. If he " liad not once been distintruishcd l)v his aj)pa- " rent zeal in defence of the common cau!?e, he " could not now be distinguished l)v dc^ertin^' it. *' As for mvself, it is no lonuer a question iche- " thcr I shall mix wilh the croud, and talie a " simple share in the danger. \\ henever Junius " a])pears, he must encounter an host of enemies. ^' But is there no honourable way to serve the " public, without engaging in personal (juarrels " with insignificant individuals, or submitting *' to the drudgery of canvassing votes f<»r an " election? Is there no merit in dedicating njy *' life to the information of mv follow-subiectsr — " What ]ud)lic (juestion have I declined, what *' villain have I spared: — Is there no laloiu' in '' the coujjjosition of these letters? Mr. ilornc, ** J fear, is partial to me, ami measures the " facilify of m// writings by tliL- iltuiK y oi his '' own, «( He talks to us, in high term^, ol" the gallant " feats he would have* pi-rforriud, if ho bad lived " in the last century. 'Hie nnhaj/py Charles 3^Q LIFE OF JOHN HORNE TOOKE. 1/71. " could hardly have escaped him. But living " princes have a claim to his attachment and " respect. Upon these terms, there is no danger '^' in being a patriot. If he means any thing " more than pompous rliapsody, let us tiy how *' well his argument holds together. — I presume ^' he is not yet so much a courtier, as to *' affirm that the constitution has not been " grossly and daringly violated under the pre- ^' sent reign. He will not say, that the laws have not been shamefully broken or perverted; that the rights of the subject have not been invaded, or that redress has not been repeatedly " solicited and refused. — Grievances like these " were the foundation of the rebellion in the '' last century; and, if I understand Mr. Home, '^ they would, at that j)eriod, have justified him " to his own mind, in deliberately attacking the " life of his sovereign. I shall not ask him to " what political constitution this doctrine can " be reconciled. But, at least, it is incumbent " upon him to show, that the present king haa^ '^ better excuses, than Charles the First, for the " errors of his government. He ought to de- '' monstrate to us that the constitution was bet- '^ ter understood a hundred years ago than it is at present — that the legal rights of the sub- ject, and the limits of the prerogative, were IC i/Tl' LIFE OF JOHN IIORNE TOOKE. 3^7 '' more accurately defined, iiud more cle;\r]y " comprehended. It pro])Oj>itioiis like these '' cannot be fairly maintained, I do not see how *• he can reconcile it to his conscience, and act " immediately with the same freedom with which *^ he speaks. I reverence the character of " Charles the First as little as Mr. Home; hnt *' 1 will not insnlt his misfortunes, by a compa- *' rison tiiat would dciiradc him. " It is worth observing, by what gentle de- ** grees the furious, ])crsecnting zeal of Mr. " Home has softened into moderation. Men " and measures were yesterday his object. What *' pains did he once take to bring that great *' state criminal, Macquiih, to execution! — To *' day he confines himself to measures only. — *' No penal example is to be left to the succes- *' sor.5 of the duke of Cirafton. — To-morrow, I " presume, both men and measures will be for- *' given. The flaming patriot, who so latelv *' scorclied us in the merl(han, sinks temperately *' ill the west, and is hardly felt as he descend'-. " I comprehend the policy of endeavouring to *^ communicate to Mr. Oliver and Mr. Sawbridge *' a .share in the reproaches, with which he snp- " poses me to have loaded him. My memory *' .'ails me, if I have mentioned their names with " disrespect; — unless it be rejiroachful to ac- SgS LlfE OF JOHN nORNE TOOKfi. I/JTI* ' knowledge a sincere respect for the cliaracter ' of Mr. Sawbridge, and not to have questioned * the innocence of Mr. Oliver's intentions. " It seems I am a partisan of the great leader ' of the opposition. If the charge had been a ' reproach, it should have been better supported. ' I did not intend to make a ])nb]ic declaration * of the respect I bear lord Chatham. I well ■' knew what unworthy conclusions would be * drawn from it. But I am called upon to de- * liver my opinion, and surely it is not in the ' little censure of Mr. Home to deter me from ' doing signal justice to a man, who, I confess, ' has grown upon my esteem. As for the com- * mon, sordid views of avarice^ or any purpose * of vulgar ambition, I question whether the * applause of Junius would be of service to lord ' Chatham. My vote Avill hardly recommend ^ him to an increase of Ijis pension, or to a seat * in the cabinet. But if his ambition be upon a ' level with his understanding; — if he judges of ' what is truly honourable for himself, with the same superior genius which animates and di- ' rects him to eloquence in debate, to wisdom in ^ decision, even the pen of Junius shall contri- ' bute to reward him. Recorded honours shnll ' gather round his monument, and thicken over ' him. It is a solid fabric, and will su]>port l^r^- i-irE OF JOHK IIORNE TOOKE. 3<)9 *^ the laurels that adorn it — I am not convcr- *•' sant in the language of panegyric. — These *'' praises are extorted from me; but tlicy will " wear well, for thev have been dearly earned. '' My detestation of the duke of Grafton is *' not founded upon his treachery to any indivi- '^ dual: though I am willing enough to suppose " that, in pu!)lic affairs, it would be impo'-isible *' to desert or betray lord Chatham, without '• doing an essential injury to this country. My " abhorrence of the duke arises from an intimate *' knowledgeof his character^and from a thorougli *' conviction, that his baseness has been the " cau'->c of greater mischief to England, than *' even the unfortunate ambition of lord Bute. " I'he shortening the duration of parliaments *' is a snl)iect on which Mr. Home cannot en- " large too warmly; nor will I question liis sin- " cerity. If I did not profess tlie same senti- " ments, I should be shamefully inconsistent " with myself. It is unnecessary to bind lord " Chatham bv the written formality of an en- " g^gement. He has publicly declared himself *' a convert to triennial parliaments; and though " 1 have hiug been conviiKcd that this is the " onlv possii)le resource we have left to preserve *' the substantial freedom of the constitution, I *' do not think we have a right to dclermino 400 LIFE OF JOHN HORNE TOOKE. 1771. a against tlie integrity of lord Rockingham or *■ his friends Other measures may undoubtedly " be supported in argument, as better adapted ^' to the disorder, or more likely to be obtained. " Mr.Korne is well assured, that I never was '' the champion of Mr. Wilkes. But though I " am not obliged to answer for the firmness of " his future adherence to the principles he pro- *' fesses, I have no reason to presume that he '• will hereafter disgrace them. As for all those imaginary cases, which Mr. Home so petu- lantly urges against me, I have one plain, " honest answer to make to liim. — Whenever " Mr. Wilkes shall be convicted of soliciting: a "^ pension, an embassy, or a govermnent, he " must depart IVom that situation, and renounce " that character, which he assumes at present, " and which, in mi/ opinion, entitle him to the " support of the public. By the same act, and *' at the same moment, he will forfeit his power " of mortifying the king; and though he can ^' never be a favourite at St. James's, his base- " ness may administer a solid satisfaction to the "^ royal mind. The man 1 speak of has not a *' heart to feel for the frailties of his fellow- *' creatures. It is their virtues that afflict, it [^ *' their vices that console him. I give every possible advantage to Mr^ ii 17/1. LIFE OF JOHN HORNE TOOKE, 401 " Home, wIrmi I take the tacts lie refers to for *' grunted. That they are the ])roduce ofhli in- " vention, seems highly prohable; that they are *^ exaggerated, 1 have no doubt. At the wori^t^ *' what do they amount to, !)nt that Mr.Wilkes, " who never was tliought oF as a perfect pattern " of nu)rallty, has not been at all times proof " against the extremity of distress? How shame- " fnl is it, in a man who has lived in friendship " with him, to reproach him with failings too *' naturally connected with despair! Is no allow- ^' ance to be made for banishment and iiiin? " Does a two-years' imjuisonmeht make no " atonement for his crimen? — The resentment of a priest is implacable. No sufferings cau soften, no penitence can a])pease him. — Yet " he himself, I think, uj)on his own system, has " a multitude of ])<)litical offences to atone for. *' I will not insist uj)on the nauseous detail, " with which he has so long disgusted the *' public. He seems to be ashamed of it. But " what excuse will he make to the friends of the *' constitution for labouring to j)romote tJils con- " summatelij hud man to a station of the highest *' national trust and importance? Upon what " honourable motives did he recommend him to " the livery of London for their representative; — *^ to the ward of Farringdon fur iheir aldcriuaui VOL. 1. 2d 40'2 IJFE OF JOHN HORNE tOOKE. 1771- '^ — to the county of Middlesex for their knight? *' will he affirm that, at that time, he was igno- '^ rant of Mr. Wilkes's solicitations to the mi- '' nistry? — That he should say so, is indeed '' very necessary for his own Justification; " but where will he find credulity to believe " him? " In what school this gentleman leanied his " ethics I know not. His logic seems to have " been studied under Mr. Dyson. That mi- " serable pamphleteer, by dividing the only pre- *^ cedent in point, and taking as much of it as " suited his purpose, had reduced his argument " upon the Middlesex election to something *' like the shape of a syllogism. Mr. Home has •' conducted himself with the same ingenuity " and candour. I have affirmed that Mr. Wilkes '^ would preserve the public favour, ' as long as *^ he stood forth against a ministry and parlia- ^' ment, who were doing every thing they could *' to enslave the country, and as long as he was " a thorn in the king's side.' Yet, from the *' exulting triimiph of Mr. Home's reply, one '* would think that I had rested my expectation, "^ that Mr. Wilkes Avould be supported by the ^* public, upon the single condition of his mor- " tifying the king. This may be logic at Cam- ** bridge, or at the Treasury j but among men of i irr^- I-IFE or JOHN HORNE TOOKE. -iOl *' sense and hoiioui, it is follv or villanv in the " extreme. " I see the pitiful advantage lie has taken of a single unguarded expression, in a letter not ' intended tor the i)uhlic. Yet it is only the " expression that is unguarded. I adhere to the ''' true meaning of tliat meniher of the sentence, " taken separately as //e takes it, and now, ni)on " the coolest deliberation, re-assert that, for the " purposes I referred to, it may be highly meri- " torious to the public to wound the personal '^ feelings of the sovereign. It is not a general '• proposition, nor is it generally applied to the " chief magistrate of this, or any other consti- " tution. Mr. Home knows, as well as I do, " that the best of princes is not displeased with "' the abu^e which he sees thrown upon his '' ostensible ministers. It makes them, I j)re- " snme, more j)ro])erly the objects of his royal " compassion; — neither does it escape his saga- *•' city, that the lower they are degraded in the " public esteem, the more submissively they " must depend n])on his favour for protection. " This, I artirm, ujjon the most solemn convic- " tion, and tlic most certain knowledge, is a *' leading maxim in the policy of the closet. " It is unnecessary to pursue the argument any *' farther. '2 u '^ ti 6i ii 404 MFE Of JOHl^ HORNE T6OKE. 1 77 1. " Mr. Home is now a very loyal subject. He *' laments the wretched state of politics in this country, and sees in a new light the weakness * and folly of the opposition. Whoever or ivhaf- ' ever is sovereign, demands the respect and sup- port of the people: — it was not so, when Nero Jiddled while Rome ivas burning. Our gracious ** sovereign has had wonderful success, in creat- " ing new attachments to his person and familif, " He owes it, I presume, to the regular system " he has pursued in the mystery of conversion. " He began with an experiment upon the Scotch;, " and concludes with converting Mr. Home. — *'^ What a pity it is, that the Jews should be " condemned by Providence to wait for a Mes- " siah of their own. *' The priesthood are accused of misinterpret- *^ ing the scriptures. Mr. Home has improved *' upon his profession. He alters the text, and '^ creates a refutable doctrine of his own. Such '^ artifices cannot long delude the understanding "of the people; and, without meaning an in- " decent comparison, I may venture to foretel, *^ that the Bible and Junius will be read, when ■^ the commentaries of the Jesuits are forgotten. *' Junius*." ■* This writer seems to have piqued himself not a little on irri' LIFE OF JOHN HORNE TOOKE. 405 "THE REV. JOHN HORNE TO JUNIUS. " August 17, 1771. " I CONGRATULATE yon, sir, ou the re- covery of vour wonted style, thoiieli it has cost you a fortnight. I coni])assionate your " labour in the composition of your letters, and " will coinnninicate to you the secret of my " fluency. Truth needs no ornament; and, in *' my opinion, what she borrows of the pencil is *' deformity. " You brought a positive charge against me " of corru])tion. I denied the charge, and " called for your proofs. You replied with '•' abuse, and re-asserted your charge. I called " again for proofs. You rc])ly again with abuse '' only, and drop your accusation. In your " fortnight's letter there is not one word upon " the subject of my corruption. " I have no more to say, but to return thanks this leUer, for in a private note to Mr. Woodfall, dated August 13, 177 1, he observes, "If Mr. Home ansvveri this letter handsomely and in point, he sliall be my great Apollo." Junius, indeed, alludes to Mr. Home, in the course of hi? writings, but Lc nercr after this addressed any letter tu Mm. 40G LIFE OF JOHN HORNE TOOKE. 1771 " to you for yoHr condescension, and to a grateful public and honest ministry for all the favours they have conferred npon me. The two latter, *' I am sure, will never refuse me any grace I " shall solicit: and since you have been pleased ^' to acknowledge that you told a deliberate lie *' in my favour out of bounty, and as a chari- ^' table donation, why may I not expect that *' you will hereafter (if you do not forget you *^ ever mentioned my name with disrespect) ^^ make the same acknowledgment for what '' you have said in my prejudice?— This second *^ recantation will perhaps be more abhorrent '- from your disposition ; but should you decline " it, you will only afford one more instance "^ how much easier it is to be generous than *'just, and that men are sometimes bountiful '' who are not honest. *' At all events I am as well satisfied with '^ your panegyric as lord Chatham can be. Mo- " nument I shall have none ; but over my grave '^ it will be said, in your own words, ' Home's *^ situation did not correspond with his inteii- " ^'''"'•' " John IIorne." Whoever carefully and impartially peruses the foregoing correspondence must acknowledge l/'7l. LIFE OF JOHN HORNE TOOKE. 40/' Mr. Home to l)e the victor. Imlced, Junius was so conscious of his sii])erioritv, that in his anxictv to quit the contest, he ad(hesscs hi^ hist letter to the ]>rinter, and leaves liis adversary whollv unanswered. Nay, sucli was the de- t'erence he now paid, to a niau to whom he scarce! V deigned at first to give a reply, that in consequence of his ant;ii;onist " havinp; circu- lated a report, that Junius had warndy declared himself in favour of long ])arlian)ents and rotten boroughs," he immediately ])ronounced an oj)i- uiou in behalf of a triennial re])resenta!ion, con])led witli the addition of a hundred knights of the shire, as may be seen from the lolJowing declaration, " The reverend Mr. John Ilorne, having, with his usual veracity and honest industry, circu- lated a report that Junius, in a letter to the 'Sujiporters of the Bill of llights' had warmly declared himself in favour of long ])arliaments and rotten boroughs, it is thought necessary to submit to tlie pul)lic the following extract from his letter to Jnhn Wilkes, esq., dated the 7th of Septenjl)er, 1771, and laid l>ef()re the society on the 2 ah of the same month. " With rei::ard to the several articles, taken separately, I own 1 am concerncil to scl- iliat the great condition, which ought lo be the :>inc 408 LIFE OF JOHN HOUNE TOOKE. 1/71. qud non of parliamentary qualification — which ought to be the basis (as it assuredly will be the only support) of every barrier raised in defence of the constitution, I mean a declaration upon oath to shorten the duration of parliaments, is reduced to the fourth rank in the esteem of the society; and, even in that place, far from being insisted on v/ith firmness and vehemence, seems to have been particularly slighted in the expres- sion — ' You shall endeavour to restore annual parliaments!' — Are these the terms, which men, who are in earnest, make use of, when the salus re'ipublicce is at stake ? "I expectedotherlanguage from Mr. Wilkes. — Besides my objection in point of form, I disap- prove highly of the meaning of the fourth ar- ticle as it stands. Whenever the question shall he seriously agitated, I will endeavour (and if I live will assuredly attempt it) to convince the English nation, by arguments, to my under- standing unanswerable, that they ought to insist upon a triennial, and banish the idea of an an- nual ])arliament I am convinced, that, if shortening the duration of parliaments (which in effect is keeping the representative under the rod of the constituent) be not made the basis of our new parliamentary jurisprudence, other checks or improvements signify nothing. i771- LIFE OF JOHN HORNt TOOKE, ^lO^ On the contrary, it thi^ be made the [onncUition, other measures may come in aid, and, as auxili- aries, be of considerable advantage. *' Lord Chatham's project, for instance, of in- creasing the number of knigiits of slnres, ap- pears to mc admirable As to cutting away the rotten boroughs, I am as much of- fended as any man at seeing so many of them imder the direct influence of the crown, or at the disposalof private persons. Yet, 1 own, I haveboth doubts and apprehensions, in regard to the remedy you propose. I shall be charged, ])crhaps, with an unusual want of jxditical intre])idity, when I honestly confess to you tliat I am startled at the idea of so extensive an amputation. — In the. first place, I question the })ower, do jure, of tho legislature to disfranchise a nmnber of !)oroughs, upon the general ground of improving the con- stitution. There cannot be a doctrine more fatal to the liberty and property we are contend- ific: for. than tliat which coiifounds the idea of a supreme and an arl)itrary legislature. I need not ])oint out to you the fatal ])urp<»ses to which it has been and may be ap])lied. If we are sin- cere in the political creed we profess, there are many things which we ought to alhrm cannot be con- Gerncd. If the majority can (.!!•> franchise ten boroujihs, why not twenty, why not the Avhole kingdom ? \Miy shouhl not tlicv n»ake tlicir own seats in parlianLcnt for life? When the septennial act passed, the letjislalnre did what, apparently and ])alpahly, they had no ])ower to do ; hut they did more than people in general Avere aware of: they in eliect di>lrauchised liie jvhole kin£:doin for four vears. " For argument's sake, I will now suppose, that the exjiediency of the measure and the ])ower of j)arliament are unr|uestional)le. Still you Mill tind an insnrmountahle diliicultv in the execution. When all your instruments of am})utation are pre])ared, Avhcn the nnha])py pa- tient lies bound at your feet, without the ))ossi- hility of resistance, hy what infallible rule will you direct the operation ? AVhen von ])ropose to cut away the rotten parts, can you tell u>> what parts are perfectly sound r Are there anv certain limits, in fact or theory, to inform you ut what point von must stoj), at wh.il jjoiiit ijic mortilication ends r To a man so cajialile of observation and reflection as you aie, it is mme- cessary to say all that miuht he said n])on ihe fcuhjert. " Jiesidcs, that 1 approve highly of lord Chat- 413 LIFE OF JOHN HORNE TOOKE. 177^' ham's idea of infusing; a portion of new health into the constitution, to enable it to bear its in- firmities, (a brilliant expression, and full of in- trinsic wisdom,) other reasons concur in per- siiading me to adopt it. I have no objec^ tion, &c " The man who fairly and completely an- swers this argument, shall have my thanks and my applause. My heart is already with him^ — I am ready to be converted. - — I admire his morality, and would gladly subscribe to the ar- ticles of his faith. — ^ Grateful, as I am, to the Good Being, whose bounty has imparted to me this reasoning intellect, whatever it is, I hold myself proportionably indebted to him, from whose enlightened understanding another ray of knowledge communicates to mine. " But neither should I think the most exalted faculties of the human mind, a gift worthy of divinity ; nor any assistance, in the improve- mient of them, a subject of gratitude to my fel- low-creature, if I w^ere not satisfied, that really to inform the understanding, corrects and en- larges the heart. " Junius." To this letter, Mr. Home shortly but forcibly replied, by means of a speech pronounced be- 1771« LIFE OF JOHN HORNE TOOKE. 413 fore the '• Society for supporting tlie Bill of Rights," in Avhich he riclicaled the pretended patriotism of this celebrated writer, and ques- tioned the tendency of all his positions. He endeavoured, at the same time, to expose him as the '' pander of corruption ;" and " to deprecate the malevolent effects of that eloquence, ihe open and declared object of which seemed to be confined to the support of ministerial abuses, and an apology for rotten boronghs!" But, notwithstanding Junius failed in this con- troversy, yet the letters under this signature are the composition of no vulgar hand. Al- though apparently plain, easy, and perspicuous, they are elaborate as to composition, and have served as models, in point of elegance, to tlu5 present age. If not a j)ractical lawver, the author was at least deeply versed in the prin- ciples of our constitution : he must have fre- quented the best company, as he was well ac- quainted with all the occurrences of high life ; and that he could be argumentative as well as eloquent, is evident from his very able attacks on sir William Blackstone and lord Mansfield. In respect to the party espoused by him, he appears occasionally to have supported the whole body of the oj)position, although his praises ara bestowed with cou'-Jderablc mude-jty and seeni- 414 LIFE OF JOHN HORNE TOOK;E^ 1/7^^ ing reluctance. Yet, on one occasion *, lie commends the earl of Shelburne, by im])lica- tion, for liis spirited intervention in behalf of Corsica ; and on another -i", he readily bears wit-* ness to the "proud, imposing superiority of lord Chatham's abilities ; the shrewd inflexible judg- ment of Mr. Grenvillc, and the mild, but de- termined integrity of lord Rockingham." As to the precise person, it is far more easy to* prove who was not, than to point out who was the author. From his dedication, it would ap- pear, that he was a native of Great Britain. This, if meant to be taken literally, must re- duce the candidates to a small number. I have lately learned, however^ from a governor-gene- ral of India, who is himself a scholar and a man of letters, that the late Mr. Walter Boyd so- lemnly asserted in his house, a little before his death, that the correspondence, under the name of Junius, was not the solitary effort of a single individual, but of many men of talents, and tlmt he himself acted as editor. I have good reason to suppose, that the late duke of Grafton attri- buted the whole to the pen of "single-speech Ilamilton ;" and I have been assured, more than * Letter xii, to his grace the duke of Grafton, May 30^ 17^9. t .Letter XV, dated July 8, 1769. «^ 17ri- LIFE OF JOHN IIORNE TOOKE. 413 once, by the subject of tliis memoir, that be ab- sohitely knciv the author. To another gentle- man, lie lately added, '* that he w as stdl alive.'" It nm^^t be owned, however, that this infor- mation tends but little to gratify public curi- osity; on the contrary, it only serves to puzzle spccuhition and render conjecture more vague and more ineft'ectiial. CHAPTER IX. FROM 1772 TO 1777. 3Ir. Home r^esigns his Goivn, and retires to a Cottage — His Studies — Contests ivith the House of Commons — Tried for a Libel. — • Characters of 3Ir. Thurlow and Lord Mans- field, — Sentence of the Court of King's Bench. WE have thus heheld Mr. Home busily oc- cupied in all the various political contests of this period. There seemed to be no end to his la- bours ; one controversy gave birth to another ; and the triumph over a single foe, produced a dozen of new combatants. Meanwhile, the current of existence glided on apace,varied from day to day, and from year to year, by the professional duties attached tohis chapelry and the occurrences of the times, in which he con- tinued, as usual, to take an active and conspicu- ous share. But he had now attained a period of life, when prudent men are carrying their 177 -• l^IfE or JOHN IIORNE TOOKE. 41 7 theories into practice, and coiiij)lctii!i; tlio outline, wliich they have sketched out for themselves at an earlier period. The aije of thirtv-sevcn, if it still possesses something of the hloom of voiith, at the same time jrenerallv exhibits somewhat of tlie sobriety of senility ; and yet, stranjje as it may ap])ear, at that advanced j)eriod, Mr. Home had actually a profession to look for. True, he had been bred to the church, and btill j)os- sessed a living ; but the duties were not suffi- ciently numerous to occupy his attention, or the revenues so extensive, as to prove fully ecjual even to his very jnoderate habits of ex])euse. By the publication of his letter from Mont- pelier, all hopes of professional preferment were cut off, while, at the same time, he had rendered liimself one of the most marked men in the kingdom, by his recent controversy witli Mr. Wilkes. A consciousness of the injustice result- ing from this latter circumstance, perhaps, might in some measure have soured his temper, and rendered him but little desirous of the applause of the multitude during the renKtindcr of a long life. But, if Mr. Wilkes and his partisanf; had, at this period, fairly cried h'lm down, by the syme arts they had ]}ractised \\\\\\ c(jual success Hgaiu'^t three successive administrations, there vol.. 1. 2 E 418 tiFE OF JOHN HORNE TOOKE. t'^fT^ were not wanting a number of friends, attached to him from principle, zealous for his interests^ and eaa:er to serve him. These, conscious of his great and commanding talents, were of opinion, that all Ti-ow wanting for complete success, was^ a theatre in which they might be exhibited tc advantage; and that this theatre, was the Fo- mm, in which, like the great oratofs of ancient Rome, and the great lawyers of modern Eng- land, he might be able to advocate the cause ot a numerous body of clients, and aspire to the. first honours of the state. Accordingly, botlr his father and mother being now dead, so that he was no longer withheld by those filial ties, to which every ingenuous mind will pay due at- tention, he, at length, yielded to the whisper- ings of ambition, and the solicitations of a num- ber of respectable men. That he might not be unprovided with the means of carrying his- plans into efiecf, four of his friends, among whom were two members of parliament *, agreed to present him, until called to the bar, with joint bonds for four hundred a year, which he received most gratefully, but never asked for, and never received a single shilling of this an- miity during the whole course of his life. * Mr. Sawbiidge and Mr. Townsend'. I/TS. LIFE OF JOHN HORNE TOOKE; 41^ Having- thus tinally made uj) his mind to be- come a lawyer, he immediately determined to rjuit the thnreh, lairly supposing, with the rest ot mankind, that tliere was nothing indelihle in this profession tliat could possibly prechide him from becoming once more a layman, whenever he was so disponed. Accordinglv, in 1/73, he resigned his living of New Brentford with the usual formalities, and wa** succeeded bv the re- verend John Francis Randall, M. A. Immediately after this, he hired a house in the immediate vicinity, situate in Windmill Lane. Here, at an age, that only wanted thirteen years of completing half a century, he commenced life anew, when others talk of retire- ment ; and, having now abandoned one profes- sion, he began, in good earnest, to qualify him- self for another. Mr. Home carried with him into jiis closet a variety of qualifications, which few otlier men ever ])os!«!ess ; a thorough know- ledge of the world and of mankind ; a compe-. tent acquaintance with the classical languages ; a bodv fitted \0\ nature for laborious study ; a mind hii^hly glftctl, and enriched with various uttainnjents. In addition to these, he always evinced a wonderful degree of j)ersonal intre- pidity, coupled with a consciousness of, and u perfect reliance on his own talents. t(»gelher with 2 K 2 420 LIFE OJ .rOIIN HORNE TOaKE. I^T^- ail intimate acquaintance with the labours of some of the greatest English lawyers. Of these, he chiefly valued lord chief justice Coke^ the learned expounder of the works of Lyttleton, and himself an authority of tlie first magnitude: a judge, the former part of whose life was in- deed somewhat tarnished by servility ; hut let it be recollected, that, in the same age, his rival, the illustrious Bacon, condescended to act the part of a sycophant ; and that, while the latter slunk into the grave^ with his ermined robe tarnished by corruption, the former, resuming his natural independence, eminently distin- guished himself as a jurist and a legislator. It was here, too, that the ex-minister of New Brentford instituted a strict inquiry into hU own affairs, and determined to begin his new career, where most men generally end. He had often, like other reformers, preached up that doctrine to the state,wdiich they themselves do not i^always practise in respect to their own domestic ** concerns ; to balance income by expenditure, and thus husband their resources with a view of meet- ing the pressure of future exigencies. He now hecajiie a severe economist; paid all his bills every Monday morning ; audited his accounts with all the circumspection of a master in chancery; Juul projected a variety of useful improvements 177^- I'lVE OF JOHN IIOKNE TOOKE. -1^1 in the management of his little honsehold for the cnMiing- week! On this suhject I have heen told a little anecdote, I)y a near relation, which may he deemed lar too minute I)v those who can consider any occurrence trivial, that aj)|)ertains to an oriiiinal character, or an\ thhiir mean ynd pitiful, which is connected with ind9- pendence. Perceiving, that in the charges hrought against him hy his cook, who appears to have heen, at the same time, his h(msekee])er, he Avas continually puzzled with the articles of '• greens," '' cahhagcs," " cauliflowers," and " sal- lads," which had their usual accompaniments of "oil," " vinegar," " njustard," " pepj)er," and *' salt;" he determined to curtail these, partiv to save himself the trouhle of summing up their amount, and j)artly for the pnij)ose of living within his means of suhsistence. lie accord- ingly gave instiTJCtions to diminish the (piantiiy ot garden stuff, uhich, according to apj)ear- ances, wouki iiave j)roved sufficient to feed an elephant. 'J'his injunction was olxvcd ujtii seeming readiness for a few days ; hut, after the lajj'se ot some time, Molly's former charges, iii the shape and form of j)ot-hooks ai.d hanu:ers, began to recur as usnak On tlijs, he restrained these delicacies of the tahli- lo Sundavs ; hut, tndinc; that otiier days also heiran to he con- 422 LIFE OF JOHN HORNE TOOKE. IffS' sidered as festivals, he called up this domestic, and, with his usual gravity, assured her, " that he had made a most sacy^ed vmv, neither to eat, nor admit at his table, of any vegetables what- soever, produced within five miles of Brentford." On this, the most implicit submission was ever after paid to his commands, as the servant, who had been cheating him without remorse, became immediately terrified at the idea of being impli- cated in any thing seemingly connected with the solemnities of religion. It was in this peaceful retreat also, that Mr. Home addicted himself to those studies, whence he afterwards derived so much reputation. His philological pursuits, indeed, commenced at the university, but it was here, that he arranged his papers, supplied chasms, enlarged his plan, and laid the foundations of his future work on the English language. While Mr. Ilorne was thus occupied, he was suddenly called from his literary and legal la- bours, by the voice of friendship; and his assist- ance was not invoked in vain; for we shall now behold him, on a critical and delicate occasion, acting on his own original plan, and effecting his purpose, in a manner and by means pecnliar to himself. Mr. William Tookcj^ a man of considerable 1774. LIFE OF JOHN HORNE TOOKli. ■\2ij foitunej with whom lie had hcen hing imiiiiate, and who, during his controversy with Mr. Wilki's, liad borne ])ublic tc>^ti^^OJly to his ho- nour and inti'grity, hard purchased tlie estate of l*nrk'v, situate near (iodstone, in tijc county ot Surrey. This circunistancxi had given hirtli to many disputes with Mr. Do (irev, a neighbour- ing gentleman, of great influence, who'-e lands joined, and who, as lord of the manor, claimed a ])aramount jurisdiction over certain parts of his newlv acquired ])roperty. Tiiey iiad con- tended, in the courts of law, about lish-rponds and common-rights ; and an attemjit was now made, by means of an act of parliament, to settle the dispute for ever. Accordingly, on Tuesday tlie 10th of February, 177 -^y '^ '^'^1 ^^''is brought in l)v sir Edward Astley, to enable Tbomas De (»rev, esq., to enclose several common lands and fields, in the counties of Norfolk and Surrey. Mr. alderman Sawbridge immediately l)resented a ])etition from W. Tooke, es(j., recpiesting de- lay, on the ground that the usual notice had not been given to the inhabitants, and tbat the inclosures in (juestion, so far as regarded the county of Surrey, would j)rove hlglily j)rejuili(ial both to them and himself. It was also added, that to pass this l)ill, while the title to j»ait ol the lands wa*^ still in litigation. \n f)uld be iude- 424 LIFE OF JOHN HORNE TOOKE. 1 "re- cent and unprecedented, being highly detrimen- tal to the interests of the petitioner and others. This request, however, was not complied with ; for the bill was ordered td be read again, on an early day; and an intention was plainly evinced of precipitating it through its various stages. It w^as in this dilemma, that Mr. Tooke ap- plied to Mr. Home, and earnestly entreated him to interj)ose. He stated " his character as well as fortune to be at stake, and hoped, that, un- der the colour of an inclosure bill, he would not be deprived of a large ])ortion of his estate, which was chiefly valuable on account of his right to ffitten shee]) on the neighbouring downs." Mr. Home, from whom I learned these par- ticulars, immediately replied, " that the mode of procedure was easy and expeditious ; for the court of parliament, like all other courts, was governed by certain known rules ; and that as these rules, in both cases, were always obviously beneficial to the su1)ject : — nothing could be more easy than to proceed by Avay of petition, stating certain facts, whence specific grievances were to be inferred, and ending with a prayer, to be heard by counsel against the bill." " All this has been already done without ef- fect : we have been accused of dilatoriness and neglect ; our prayer is refused ; to-morrow is irr^- LIFE OF JOHN HORNE TOOKE. 405 assigned for the last reading of the hill, ^hieh will be carried nem. con., as I have nohoilv to support 111-; and I ^hall he still more luirt in mind than in fortune ; for, in addition to the in- justice of the measure^ my jiride is deejtlv in- terested." '" I understand you ; you have heen uantin^ in regard to the furms of the house; your case is desperate ; and, there lieing no hopes, you prefer a quack to a regular physician, and so liaA'e conic to me. As to the justice of vour own cause, and the conse(|uent injustice of that of your opponeiit, this is the usual language of all litigants, on both sides of every (piestion, both legal and ])olitical : it is hut fair, however, that time should be given to inquire into jiarti- culars, and see whether, in realitv, this roll of ])arclnnent, of which you complain, and which Mill be omnipotent in vom- case, when sanc- tioned by the authority of king, lords, and com- mons, will, in reality, rob von of the chief ad- vantages y(JU hojie to derive Iroiii '.our posses- sions at Parley. I have a jihui in my mind for your relief, which, if it meets your ;!])prol)a- tion, &c " '* Any thing you may he pleased io suggest, will most assuredly meet my entire ajtjirobation. — You have a plan, you say r — 'I'his i^ snHi- cient ; I already antici})atc my trimnjih ' " 426 LIFE OF JOHN HORNE TOOKE. 1774. Mr. Horiie, on this, communicated his project, which he frankly confessed to be a desperate one, yet it was the only feasible mode, he could possibly recommend. " It is absolutely neces- sary, in tliis case," he observed, " by some pub- lic act, to excite the attention of the house to the object, and of the public to the house ; and, if the facts have been correctly stated to me, the bill shall not pass. To accomplish this end, I intend," added he, " to bej^in by writing a libel on the speaker." *' A libel on such a man as sir Fletcher Norton ?" " Yes, precisely on him ; for I well know, that inquiry will tben be made, and tbat he will not sanctify a dishonest act : as for the conse- quences, I am well aware of, and take them all upon myself." Mr. Tooke having again signified his cordial ' cooperation and assent, Mr. Home sat down, and in an address, consisting of a i^w spirited paragraphs, drawn up in the form of a letter, signed '* Strike but Hear!" detailed the leading facts. In the course of this composition, he also endeavoured to render the whole as offen- sive as possible. This was inserted, as had been planned, in the Public Advertiser of next day ; and, as that was a paper in the hands of all parties, it occasioned no small degree of specu- l/T*- ' LIFE OF JOHN IIORNE TOO^E. A'l^ iatioii. The boldness of the asseriions, the terseness of the remarks, und the ability of the general statement, attracted the notice of every one, while the ontratred diernitv of the lionsc, and the imj)ending- fate of the printer, served ta excite general cnriosity. In tlie evening, both the house and gallery were full ; and soon after the sjieaker took the chair, the newsjjujier jnst mentioned was handed uj) to him. Instead of })roceeding, as usual, with the order of the day, which comprehended the inclosure bill in (jueS' tion, there was a general cry of privilege! pri- vilege ! move ! move ! On thi'i, a member arose, and, after descanting in fluent language on the consequence of pre- serving the rights and privileges of the commons* house of j)arliament, read " the odious, (lelil)eri»tc, false, scandalous, and malicious attack," which had been made on their riiibts and juivilegcs. Amidst loud and fre(juent clieering, he verv properly stated, that a libel on the speaker was a libel on the whole Ixjdy of the commons of England; and concluded with a motion, in the usual form, "that Henry Sampson Woodfall, ))rintcr of the Public Advertiser, do attend at the bar of that house on the .succeeding day." Accordinalv, the order being served in due form, \\^ apj)earcd, and was introduced with the \isua| 428 LIFE OF JOHN HORNE TOOKE. 1774. ceremonial ; when, being interrogated as to par- ticulars, he allowed, '' that he had received and printed the letter, concluding with the words, 'strike but hear;' and that he was then, and is now, fully authorized by the author himself, to give up his name and place of abode." The speaker then having desired him to proceed, he said " it was Mr. John Home, wlio was, at that Tery moment in the gallery, ready to answer for himself." The name and talents of the offender, the avowal of the act, his presence, and his known intrepidity, were all calculated to produce a certain degree of astonishment ; and sir Fletcher Norton, who then so ably filled the chair, is said to have observed to a member in a whisper, *' that he was astonished what he could have done to produce the enmity of a man of such abilities !" As the supposed culprit was hated by all parties, it w^as matter of no small triumph, that this literary Sampson had delivered himself up, seemingly bound hand and foot, to the Philis- tines ; moderate men were astonished at his indiscretion, while others were anxious for his immediate punishment ; but those, who had de- termined to carry through the inclosure bill, al- ready trembled for its fate : they knew that this 177^- LIFE OF JOHN HORNE TOOKE. .i'2i^ action, rash as it inii;lit seen), was connected with that measure ; and they already anticij)atcd that the issue woukl prove unfavourable. Amidst this conflict of passions, Mr. Home was ordered to tlie l)ar, where, in an able speech, in the course of whicli. all disrespect, either J)er^onal or olhcial, to the speaker, was depre- cated, he fnlly declared Iiis motives ; and franklv owned, tliat he had been urired beyond the usual bounds of discretion by hatred to oji- jnession, on one hand, and zeal for his friend ou the other. After a long debate, he was remanded from the bar, in custody of the serjeant at arms, and bronixht up aiiain on the 17th, by which period some additional evidence had been ob- tained. On this occasion. Ids friend Mr. Dun- ning, together with Mr. Burke, made use oi their good office-. ; and, as the ])roof was incoii- ( Insive, he was discharged on ])aving his fees. This, he was accustometl then, and ever after, to term a great harcKhij), as it had long before Ifeen enacted, that no jailor siiould demand fees of a prisoner detained upon an accusation wliich Ikk! not been fully substantiated bv con- >i(tion. I5e that as it may, he fully eftc'cted his ])nr- posc. Time had been now given for the house 4'oG LtFE OF JOHN llORNE tOOKE. l/T^^ to pause. The necessary measures were adopted to stop the further progress of the bill ; and the advocates for it being; heartily ashamed, all the obnoxious clauses were either omitted or with- drawn. On this, as on most other occasions, the nation at large profited by the exertions of this spirited individual ; for Mr. Dodswell im- mediately moved and carried several resolu- tions, now on the journals, to prevent all such precipitate proceedings for the future. It was thus, by the exercise of his talents, the sacrifice of his personal liberty, and at the risk of the utmost vengeance a house of commons could inflict, that the subject of this memoii"* rendered himself eminently useful to Mr. Tooke ; and that s:entleujan, not content with the warmest expressions of gratitude and esteem, appears from this moment to have singled him out as the heir to the fortune, Avhicli he had preserved entire by his skill and in- trepidity. Mr. Home now retired once more to his peaceful retreat, in the vicinity of Old Brentford, where he applied himself assiduously to the study of the law, and had already qualified himself for the bar, when the rumour of an approaching contest with the colonies discomposed his slum- bers, suspended his labours, and, by rendering 177^- LIFE OF JOHN HORNE TOOKE. 431 him once more a ])C)liiiciaH and a patriot, finally precliuled all hopes ot advancement in his nc\T career. The year 177^ ^^'i^^* n'-hercd in with an event big with the nio'^t niinous consecjuences ; lor the black and portentons cloud, which had so long hovered above the trans-atlantic horizon, sud- denly burst, and sjiread death, desolation, and dismay around. But little delicacy is now re- quired, while treating of an incident attended with such calamitous effects to the ])eacc and prosperity of the empire, as the colonial war, in the condemnation of which all parties seem at length to have mo^t cordially concurred. While some were still perplexed with don})ts, and others bewildered in deliberation, Mr. Home, in the boldest and most decisive manner, de- clared bib hostility to those measures, which led to the fatal contest with America, and, not con- tent with enjoying his own opinions in secrecy and in silence, he determined to try if it were possible to arouse the nation at large to a signid manifestation of its indignation and displeasure. It was his decided opinion, that some public mark of disapprobation, would either wholly prevent the war, or at least shorten its duration; and, in either case, great and lasting advantages iiuist accrue to hi.s native country. 432 LIFE OF JOHN HORNE TOOKE. 177^- This gentleman had ever maintained, that, according to the acknowledged principles of the English constitution, taxation and representa- tion were terms relative and inseparable from each other. This doctrine, which seems to be closely interwoven with the texture of our an- cient gothic polity, is fully substantiated by facts, as well as by analogy. It has been acted upon, in two memorable instances, both of Avhich have proved highly salutary and bene- licial to the empire: the union with Scotland and Ireland. Soon after the annexation of Wales, that country, also, was empowered to send knights, citizens, and burgesses to par- liament; and there is a remarkable document still in existence, that serves to demonstrate the universality of the position, even when applied to transmarine dominions, recently obtained by conquest: for a writ was issued during the first year of the reign of Edward VI, enjoining the inhabitants to return a member for the town of Calais'*. * " Edwardus Sextus Dei gratia, &c. dilectis et fidelibus subjcclis deputato et consilio villae suae Calisias salu- tem, &.C." The return to the writ was: " Per assensum et consensum tofius comitatis villce vestrae Calisias predictae et Marehiarum ejusdem unum hominem de nialioribus et di^cretioribus villie yestrae Calisiae predictte i/TJ- MFE OF JOHN HOUSE TOOKE. 43.') Consideiiiii;: the ct)Ioiiie«; a>^ not only ag- grieved, but outraired, Mr. Hunie was tin? first to sound the trumpet of alarm; and, in this respect, was but tlie precursor of many of our )iiost celebrated patriots, orators, and statesmen ; for he only anticipated the sentiments of a Saville, respectable alike for his talents and his virtues; of a Ivockiiiijliam, mild, but reso- lute, surrounded with riches and honours, yet firmly attached to the liberties of his country and the interests of his fellow men; of a Hich- inojul, bold, contentious, ])crseverinir, and as vet unaltered by the possession of power; of a Shel- burncj acute, subtle, ingenious, fraught with the maxims of exj)erience, and re])lete with political information. This powerful band was rendered illnstriou^s l^y the still venerated name of William Pitt, earl of Chatham, then fast de- scending to his grave ; while it received new vigor, from the accession of another William Pitt, already exhibiting a precocious genius, and just bloondng into manhood; of a Fox, suddenly rising above the prejudices of family, as well as of education; and, lastly, of a Burke, eloquent, inetaphy»>ical, didactic; but lately rescued from elegi fecimiis, vidclicil Tliomam Fo\vl«»r dtcne villac vestrsp, generuruii) ad asscnJcii({iiin burgensein ad parliamentum vcs* trum," &c. VOL. r. 2 r 434 LIFE OF JOHTS HTORISE TGOKE. 177 J ^ Hnineiited obscurit)' by tbe head of the house of Wentworthj and who, even now, began, in bold and energetic htnguage, to invoke, not only the curses of tlie nation, but the vengeance of tbe Deity, on the authors, advisers, and instigators of this impolitic contest. Such were the men with whom the subject of these memoirs united in opinion, on the present occasion, and might have acted without a blush ; but he had for some time kept aloof from all parliamentary connexions, and he was now fated to prove by example how difficult it is for a single individual, to maintain a solitary inde- pendence, even in a free country. Singular on all occasions, he appear?* to have been the only public man of that day, who was ])unished for opposition to the war with America; and, what can only arise from the genius and nature of our government, he was crusi4ed between two contending parties, by one of which he hap- pened to be hated, and by the other disowned. Jt has already been observed that, on the disso- lution of the association for maintaining the *' Bill of Rights," in consequence of the dispute about Mr. Wilkes, another was soon after formed, under the denomination of the " So- ciety for Constitutional Information;" and it was determined by Mr. Home, that this should ^775. LIFE 0¥ JOHN IIORNE TOOKE. 436 serve as an eiiijine, to express fully, loiullv, and energetirally, the detestation of liiinself, his friends, and, if possible, the nliolc nation, at the measures then adopted, for subjugating the re- fractory colonics. Accordingly, as a skirnnsh had occurred, during which several Americans werc killed, he proposed, at the next meeting, that a subscrip- tion should l)c raised " for the relief of the widows, and orphans, and aged parents, of our American fellow-subjects, murdered by the king's troops at Lexington and Concord*, doubtless * " King's Arms Tavern, Coniliill, June 7,1775. " At a special meeting, this day, of several members of the " Constitutional Society, during an adjournment, a gentle- " man proposed that a subscription should be immediately " entered into (by such of the members present who might " approve the purpose) for raising the sum of one hundred " pounds, to be applied to the relief of the widows, orphans, •' and aged parents, of our beloved American fellow-sub- " jects, who, faithful to the character of Englishmen, pre- " ferring death to slavery, were, for that reason only, inhu- " manly inurdtred by the king's troops at or near Lexington " and Concord, in the province of MassachAsets, on the " 19th of last April; which sum being immediately col- " lected, it was thereupon resoUed, 'That Mr. Home do " pay lo-inorrow, into the hands of Messrs. Brownes and " Collinson, on account of Dr. Franklin, the said sum of one " hundred pounds ; and that Dr. Franklin be requested to " ''PP'y ^^^ same to the above-mentioned purpose.' " JOH.V IIoUNE." A stranger, who \\:\< afterwards discovered to be sir Stc» 2 F 2 4^6^ LIFE OF JOHN HORNE TOOKE. 17T^' lloping"j that if this measure should become ge- neral, the ministers would be rendered unable to proceed in their impolitic, and, as it after- wards proA'ed, fatal career. The motion being put and carried, and the sum of one hundred pounds agreed to be advanced ovit of the stock- purse; nothing no-w remained but the usual ceremonial of affixing the name of the chairman to the advertisement; but this was declined by the jjentleman who then officiated in that ca- pacity, and, although most, if not all, approved the proposal, no one present seemed desirous to take upon himself the^ responsibility annexed to such a strong measure. On this, Mr. Home, ever foremost in the hour of danger, immedi- phcn Theodore Jarrsen, having, soan after, trjmsmittecl a sum of money, by way of subscfiplion, in aid of this object, Mr. Home published the following note, in the " Public Ad- vertiser," on the 8th of July: — " I think proper to give the unknown contributor this no- *• tice, that I did, yesterday, pay to Messrs. Brownes an*! " Collii^son, on the account of Dr. Franklin, the sum of ♦^ fifty pounds, and that I will write to Dr. F'raiiklin, re- " questing him to apply the same to the 'relief of the wi- " dows, orphans, anfi aged parents, of our beloved American *' felIow-subject>s, who, faithful to the character of Euglish- " men, preferring death to slavery, were, for that reason " only, inhumanly murdered, by the king's troops, at or near ** Lexington aiut Concord, in the province of INIassachussets, " on the 19th of last April.' " John Horne.'* 177^- LIFE OF JOHN HORNE TOOKE. 437 ately snatched up a pen, and coinjdcted the act, by adcHiii: liis own slii:nature; after which the re-sohition was immediately transmitted to seve- ral newspapers for insertion. The a])])earance of such a docninient of course; excited considerable surprise and astoniiihment, and it is reallyamazini; howanygovernment could have remained quiet, even for a single dav, after such an oti'ensive publication. However, it was deemed more eligible, at ])rosent, to overlook tlie transgression, and suffer this measure to fall into oblivion: for, as yet, the Americans could not be said, with any degree of pro- priety, to have rehelkd against the authority of the mother country. IVne it is, that both houses of parliament had addressed liis majesty, on the present state of tiie British colonies in America, and the commons had stated, Feb. 6, 1/75: '* that a part of his majesty's subjects, in the province of the Massachusset's Bay, have proceeded so far as to lesist the authority of th.e sujireme legislature, and that a rebeliiun at this time actually exists within the province;" but this was merely declaratory, and, in j)oint of law, did not constitute them rebels. No proclama- tion, on the part of the executive, had as yet been is-^ued, to ibis purpose; and the com- mander-in-chic 1' in Ameiica, instead oi" bo de- nominatiuL'" the actor^ on that occasion, had as- 438 LIFE OF JOHN HORNE TOOKE. 17/5. signed a distant day for their submission, be- yond which the gnilt of treason was supposed to be incurred. This, therefore, might be con- sidered by many, and even construed by a jury into an ordinary riot, in consequence of an affray between a detachment of soldiers and a body of the populace: even prudence, perhaps, in a case such as this, would preclude an appeal to a court of justice, as a verdict against the crown might have been accompanied with the most fatal effects. However, in the course of time, the premier of that day exhibited greater boldness. No sooner did the majorities in parliament increase, by the aid of the country gentlemen, some of whom were seduced by the selfish hope of a re- duction of the land-tax, and the then popular notion, that America was to contribute towards the burthens of the mother country, than stouter measures were recurred to. The Americans were then openly denounced as guilty of trea- son, and proclaimed rebels; while a severe re- trospect was taken in regard to domestic of- fenders. On this occasion, no man appeared fitter to become a sacrifice, than one who had by turns opposed, and was discountenanced by all parties; and in whose fate, therefore, no public body could possibly be interested. Having, accordingly, selected the victim, 17r5- IIFE OF JOHN HORSE TOOKE. 43[) the necessary measures for a prosecution were at length adopted, and the supposed delin([nent, wlio was then peaceably eatin«^ his coffujwn.s in the liall of the Inner Temple, and imairined that his misdeeds had hy this time been forgotten, suddenly found himself within the iron i;Tasp of tlie attorney-general. This honoural)le, imjwrtant, and nngracions otHce was then occupied by a singular character, Edward, soon after ennobled by the title of IoitI Tlmrlow. Although negligent of his stu- dies during his youth, yet he was fortunate enough to acquire the reputation of considerable talent*. Allured at length from indolence, by the Siren- voice of ambition, he suddenly attained profes- j^ional and parliamentary eloquence, and liis talents, ])roy"ing fully commensurate with Ids station, soon justiiied all the hopes that had been formed of him. Bold, stern, inflexible, his sombre countenance was generally clothed in terrors. His look was calcidated to aj)pal the guilty, while, from his bnshy eyebrows, he seemed to scowl dismay even on innocence. Yet, underneath this forbidding guise, he is said to have occasionally entertained sentiments of compassion; to have discerned and respected genius; and to have sometimes rescued obscure nterit from the pressure of poverty and coutenipt, 44a LIFE OF JOHN HORNE TOOKE. l//^. He was at this moment placed on a professional eminence, whence he already discerned the seals, the ermined robe of authority, and the future honours that awaited him. Become at length chancellor, he seemed to bo clothed with frowns rather than with dignity; but in that character he is still remembered for the deterndned stand made in behalf of a king, while visited by the severest of all human afflictions; and the spirited assertion of tlie merits of his own order, in opposition to the spurious pretences of an equivocal ancestry, half royal and half meretricious. Yet, on the other hand, he never distinguished himself either as a great lawyer or a great states- man. In the former capacity, he has not left any professional Avoik, by which his name will he known hereafter; and in respect to the latter, it can never be said of him^ as of one of his pre- decessors, that he was the author of a bill, every line of which was worth a subsidy; nor can it he affirmed, in the language applied to another, that he dispensed blessings by his life, and planned them for posterity. Such was the man — such the great officer of the crown, with whom Mr. Home was now destined to contend, and at a time too, when^ replete with health and vigor, the former was 17r3« LIFE OF JOHN nORNE TOOKE. 441 liastenlnL;' lor tlie goal, jiauting; with expecta- tion, and already anticipating those honours, ivhich were now thickening- around hiui*. It will be seen hereafter, that, when all the dreams of ambition had been gratified, and all political enmities had ceased, these two great men min- gled in the pleasures of social life, and well knew how to appreciate the virtues and the talents of each other. His judge proved to be William Murray, earl ot Mansfield. This nobleman was now in the decline of life, for more than sixty winters had shed their snows upon his head ; but the roses and lilies had not yet forsook his cheeks ; and the lustre of his complexion was augmented by means of eyes that seemed to sparkle with ge- nius. His person, if somewhat below the exact standard of beauty, was yet exquisitely formed; his motions were graceful ; his dress neat, be- coming, and approj)riate. He also possessed a voice rejdete with music in all its various mo- * A learned doctor of the church of England, happcninfr to sketch his portrait, during a period of political intrigues, has perhaps undesignedly distorted the features. " Corpore ipse uigens, aniini iuin)of that dav, in their unconstitutional attempt to * Pope. f That of llie earl of W'inchelseii. I The " kin'^'s frieiitls." ^ Lords Ch.itham and Caaidcu. 444 LIFE OF JOHN HORNE TOOKE, ^77 O. support the suspending and dispensing prero- gative of the crown, in resjiect to the corn laws, when they themselves Avere in power. As a judge, his singular abilities, his almost un- bounded knowledge, his sudden and seemingly intuitive anticipations, added a kind of prescience to his character, that astonished all beholders, rendered him conspicuously eminent, and distin- guished him from every great magistrate of that day. On the other hand, those very qualities, which constituted his chief excellence, were not unaccompanied with others of a different kind ; and even seemed necessarily to arise out of them. His talent for discernment, occasionally ren- dered him too quick in his conclusions ; that genius, which atone time enabled him to unravel error, and detect falshood, at another, made him rather hasty in his decisions ; while a cer- tain peremptory manner, acquired by the ascen- dency of his character, seemed to constitute him a dictator on that bench, where he ought only to have exercised a limited and concurrent ju- risdiction. The lord chief justice was accused of leaning towards those in authoritv. It was not a Home, and a Junius alone, who propagated these opi- nions. Sir John Willes, who afterwards pre- sided in the court of Common Pleas, nrany year^-. irr^- I-IFE OF JOHN HORNE TOOKE. 4-i.7 1)cf"ore, branded Iiiin .is a tory, a jacol)ite, and a stickler [or arbitrary power. Alr.jiisticcYateSjOne oF the ablest and most ii)corm})tible men of that (lav, not onlv dissented from his notions of law, but volnntarilv left the court of Kind's Bench on a that very account. In respect to the doctrine of libels, which may be fairly considered as the pnitfical part of jurisprudence, he must be allowed to have fnisdi- 7'ec fed juries, as the law now stands, and as it actually stood at that time, accordint!; to a great and distinf^uished authority *. 'I'lie late decla- ratory act on that .<5ul)ject, introduced by Mr. Fox, was drawn up for the express purpose of overturning his doctrines. Some other parts of his conduct were said to be ccjuivncal in the ex- treme. It was he, who afforded the first ex- ample of a judge altering a recoid at his own chainl)ers f ; at another time, he objected to, and removed a juror :j:, by a sudden and hithert*) unprecedented act of authority; and, on a third occasion, he refused to execute the comnjon lav/ against the secretary of a foreign minister^, until forced by the s])irited intervention of Mr. attor- ney-general Norton, and left in a minority on his own bench. * I/ord ranjden. -j In »lie case of iMr. Wilkes. X Mr. Benson, in 1771. § Count Bruhl, in 1708. 446 LIFE OF JOHN HORNE TOOKE. l/f5- His decisions, which are allowed to have not only been in general able, bnt uniformly just, when private individuals were the suitors, was once set aside for misdirection in point of law*". On another occasion, when the king's brother'l' was a party, he appeared to lean towards the cro^'VTi ; and, on a third — that of literary pro- ])erty — he seemed to shrink from the contest^ for he did not rise in the honse of lords to defend his own j'ndgment against the reiterated at- tacks of lord Camden. On the otlier hand, his character, in many particulars, stood deservedly high in the estima- tion of the public. While attorney-general, he gave up every douhtful point, because he would not compromise the honour of the crown. As a judge, he extended the operation of the com- mon law, so as to obtain relief for the subject, in a variety of instances, without recurring to the ruinous expedient of an application to a court of equity ; and, as a commissioner of the great seal, he heard the appeals in the house of lords with unexampled assiduity and dispatch ; thus rendering justice, as it ought to be, * In the action of Meares and Shipley, against Ansell, during the summer assizes for Surrey, in 1774, when his lordship admitted parole against written evidence. t Duke of Cumberland. 1*75. LIFE OF JOHN HORNE TOOKE. 44f both speedy and effectual, and preventing that misery, beggary, and disgrace, attendant on ac- cumulated causes and protracted litigation. Nor ou^ht it to be forgotten, that to him we are in- debted tor a new and important code *, ably conceived, methodized, and digested, whicli, on account of its wisdom and utility, entitles him to the gratitude of a commercial nation. This nobleman, who had been rendered, in some measure, oilious, by re])eated attacks on the part of lord Chatham, and two pam- ])]ilcts, by lord Camden and Mr. Dunning, all accusatory, as to a political bias, at length be- came irritated, and proceeded further in vindi- cation of the su})posed outrages against his character, than any of his predecessors had ventured, subsequently to the revolution. Ac- cordinglv, in the case of '' A Letter on Libels and Warrants," in which his own conduct, as a judge, was impeached, he revived an obsolete mode of construiig this into a contempt of court, so as to enable him to decide in his own case without the intervention of a jury. In this, however, he was foiled ; and thus, for a time, laid himself open to the im])Utation of inclining to restore the practice of the star- * Ttie Lex Mercatorla. 44S LIFE or JOHN HORKE TOOKE. ^77^* chamber, without either power or resolution sufficient to enforce it. Previously to the contest with Mr, Home, a prosecution was commenced against the printers of the several newspapers who had inserted the obnoxious advertisement ; and as they had de- termined not to appear contumacious, they, for the most part, threw tlieraselves on the mercy of the court. No sooner, however, did this gentleman learn, that three of them were fined one hundred pounds each, and that an informa- tion had been filed against himself, as the au- thor, on June 27, '^77^ y than he immediately waited on i\Ir. attorney-general Thurlow, to whom he observed, " that, as he did not mean to pay for a copy of the proceedings, he insist- ed on their being read to him." No sooner w^as this complied with, than he retired, after signifying his intention to plead his own cause in person. The trial of Mr. Home* took place at Guild- * This was afterwards printed, with the following title : — " The Trial at large of John Home, Esq. npon an Informa- tion, filed ex-cjicio, by his Majesty's Attorney-General, for a Libel, before the Right Hon. William Earl of Mansfield, in the Court of King's Bench; published by the Defendant from Mr. Gurhey's short-hand Notes. " ' Nee bellua tetrior ulla est, Quam servi rabies in libera colla? furentis.'" i'i77' LIFE OF JOHN HORNE TOOKE; 449 hall, before the lord chief justice Mansfield, July 4th, 1777. Ou the names of the special jury being called over, it was found, that eleven onU were present ; Mr. attorney-general there- fore prayed a talcs. On this, the associate, taking out a paper from a box containing the names of the common jury, asked the defend- ant if he had any objection to that man's being sworn on the jury r Mr. Home immediately re- plied : " I object to that name — and for this reason : I desire that the box may be shut, and shaken, and when that is done, I shall have no objection to any name." This j)ropo^ition, which is strictly consonant with ancient practice, was immediately complied M'hh. After the jury had been sworn, the defendant rose to request the decision of the court con- cerning a point of ])ractice, and, on being per niitted, bespoke the attention of " the gentle- men ol" the jury ;" on which, lord Mansfield observed, that '• if he bad any thing to say as to the irregularity of the proceedings, he must ad- dress himself to him ;"' but Mr. Horne perse- vered, and eventually overruled the objection, by exjilaining, that be meant not to appeal to tlie jury in bcli::!! oi bi>5 arguments, but that^ VOL. I. 2 <; 450 LIFE OF JOHN HORNE TOOKE. l777' as he conld never, like some, suppose tliem to ])e out of court, it was necessary to request their observance. He then stated it "to he the usual practice and wholesome custom of the bench, in trials of this kiad, that, unless the defendant examines witnesses in his defence, his answer closes the pleading ; and it is not usual in that case, that the counsel for the prosecution should reply. But, my lord," added he, " in the late trials of the printers, for printing and publishing the advertisement now in question, I observed that Air. attcHHiey-general claimed and exercised the peculiar privilege of replying, notwithstanding that no witnesses^ had bceu called for the de- fendant." On this, be was told, by tlie judge, " that if the suffering the attorney-general to reply is against law, it is an irregularity in the trial, for which the verdict will be set aside. You will have a remedv." Mr. Home. — " O, my lord I I have already suffered under your lordship's directing me to remedies. The most cruel of all poisoners, are those who poison our remedies. Has your lord- ship forgotten r I am sure you have ijot forii:;ottcn, that 1 have once before in my life had 1777- LIFE OF JOHN HORSE TOOKE. 451 tlie honour to be tried before your lordship for a ])retended libel. My lord, this matter of reply ] know full well to be the practice, not only from tlie intelligence 1 have had upon that sul)ject, but from that very trial at Guildford, on the action brought against me by the pre- sent lord Onslow. My lord, I could then have contradicted his evidence. I will just mention two or three particulars in this case. It was the most scandalous one that ever came before a court. Your lordship cannot forget the par- ticulars in that trial. I was prosecuted by him for a libel. On the first action which he lirought, I obtained a nonsuit. U])on that, a fresh action was brought. To that fresh action (in order to try it in Surrey, where the plain- tiff had his influence), in that fresh action, words spoken a year or two before -were added — words of a different nature, and upon a dif- ferent subject. We came to trial before your lord^liip ; and I do remember some very strong cases (which, indeed, I intended to have pub- li-^hed) of your lordship's practice in that trial. But, my lord, however impatient I may be thought to be, I am very patient under pei- sonal injiirics. I have never complained of the practices used against me on tliat trial, nor of the mi'-takcs (to speak gently) which your 2 G 2 4bl2 LIFE OF JOHN HOIINE TOOKE. ^777' lordship made. Your lordship then told mc^ as now, tliat I should have a rewier/// " Lord Mansfield. — " If I remember right, you had a remedy there, for it was determined not to be actionable." Mr\ Home. — " True, my lord ; but the re- medy was almost as bad as the verdict would have been." Lord Mansfield. — " There must be an end." Mr. Home. — " Not of this objection." On this, the presiding judge declared it, — *' not to be in his ])ower to de])rive the prosecu- tor of his right to reply, if he sees cause to de- sire it ;" and the attorney-general immediately addressed the jury, in a long and elaborate speech. He stated the present to be an infor- mation brought against Mr. Home, for being tfie original puhUsher of this libel. " The cir- cumstance of his name being printed at the bot- tom of the advertisement," added he, " is an additional aggravation in this respect, because it seemed to imply a bolder insult upon man- ners and decency, and the laws of the country, than the simple publication of that libel with- out a name, would have been. I do not mean to speak of it by way of derogation from the parts and talents of the ingenious gentleinan — no dou])t but he could have writ a better thine;; ^777- LIFE OF JOHN IIORNE TOOKE. 453 h«t his nnclerst'.inding was industriously let down, and suppressed: and tlie very purpose of this writing was, to make it ribuldrv^nd trash. For tlie intention of it was (as it appe^irs to me) Rothiug: more tlian to defy the laws and justice ot the country, juochiiining:, ash were, thus: either ])uni>li this libel, or confess that there are no laws in a country hy wliich a lil^el can be punished. Others have entertained sulfi- cient malice aijainst this country. (Others have been anxious enough to excite sedition ; hut this is written chiefly for the purjiose of telling.' mankind, 'tliusi dare do; I dare iuMilt the laws, without havino- any earthly thinir to state to the public, except an insult on the laws!' Is it to be laid down tor law, or a thing to be tolerated iu a ciyilized country, that crimes of a most heinous sort shall l)c im])uted to men bv a public reviler in a Mews])aper, who vet dares not -stand forth as an accuser ? Is it to be to- lerated in a country where an orderly ress liberty (the only object h;r \vhi( h L'overnment is, or ouuht to !)e erects 454 LIFE OF JOHN HORNE TOOKE. 1777- ed), to suppress that liberty by the means ot murder_, is imputed to the transactions of the government of the freest country now under heaven! and it is called liberty to do that! whereas men must be short-sighted indeed — a man must be drivelling like an idiot, who does not see that the maintaining of regular go- vernment is the tme, the only means of main- taining liberty." On the examination of evidence, on the part of the crown, the fact of publication was prov- ed, and it appeared, that the defendant, on the present, as on all former cases, had left his name with the printer, in order that no innocent man might suffer on his account. After this, Mr. Hprne rose, and spoke as follows : — " I am much happier, gentlemen, in address- ing myself to you ; and, I hope and believe, I shall be much more fortunate as well as happy, than in addressing myself to the judge. I have been betrayed, I hope, into no unseemly warmth, but yet into some warmth. I have felt myself like a man first put into hot Avater, but I have been long enough in it to be perfectly cool. " I have listened to Mr. attorney-general's de- clamation with as much patience, and, I be- lieve, with much more pleasure, than any one 1777- LIFE OF JOHN HORNK TOOKE. 45* in court. That pleasure I do acknowledge was personal, arising from the f utility of the support wfiich Mr, attorney-general has nttenipt- absolute ^^nd 456 LIFE OF JOHN HORKE TOOKE. 1777- arbitrary power. But whilst that has been fa- voured beyond the lavvs, nothing beyond the laws has been thought rigorous and severe enough against the charge of libel. Murder, attended with the most aggravating circum- stances, has been repeatedly pardoned ; and treason, the blackest treason, against the family on the throne, and, what is of more consequence to us than any family, against the free consti- tution of this country, has been not only pardon- ed, but taken into favour ; and the estates of convict traitors have been restored to them and to their families. " Whilst mercy and forgiveness, gentlemen, have been thus flowing unnaturally, in a full stream, over the highest mountains of iniquity, lias any one of you ever spied the smallest rivulet descending towards the valley of the libeller? Has any man so charged, ever yet met with mercy ? " If the nature of the crime, and the rancour with which it is pursued, afford a strong reason for yo)ir particular caution, and care, and attention, a much stronger reason indeed will be afforded you by the nature of the prosecu- tion. It is called an information ex-ojfficio — a very gentle expression for a harsh thing; for, if you examine the real force and consequence of 1777^- LIFE OF JOHN IIORNE TOOKE. 4bJ the term, as here applied, you will tind it to contain every thiiiii- that run be iniai;ined iU legal, unjust, wieked, and oppressive. For my own part, I am astonished that any man, at tliis time of day, exercising such ])o\vers as are not according to law, and are much less according to reason, shonhl talk to yon with an open face, of integrity, of liononr, of duty, of conscience ; and that, instead of aggravat- ing and showing you in what my crime consists, lie has employed half his harangue in boasting of his own character. — Ex-officio, gentlemen, means, a power to dispense with all the forms and proceedings of the courts of justice, with all those wise provisions which our laws have taken to ju'event the innocent from being op- pressed by exorhitatit and unjust power. " An information means no more than an ac- cusation, and hv this means the attorney-gene- ral is enabled, contrary to the laws of the land, to accuse whom he pleases, and what he pleases, and when he ])leases. And (if he pleases) he only accuses then), and never brings it to trial; lie goes on harassing the subject witli informa lion upon information, if he j)leases, and never brings tliat man to trial. If, however, out of his mercy, or out of his resentment, he does thoosc at last to bring liim to trial, why, uvu- 458 LIFE OF JOHN HORNE TOOKE. 1777' tlemen, he in general tries it by whom he pleases ; nay, if he sees some reason to suspect that the verdict is likely to go against him, he claims a right to stop it if he pleases, Avithout any decision, by withdrawing a juror. And if he loses the verdict, he pays no costs ! But that is not all ; for, if he has convicted six, seven, or eight men, for the same offence, he exercises the sovereign power of pardon ; he calls to judgment which of them he pleases, and lets go such as he pleases. " In the very first instance, contrary to express law, and, what is much stronger, contrary to the reason of that law, he has no recourse to a grand jury, although sir John Hawles says, * the true reason of a grand jury is, the vast inequality of the plaintiff and defendant, and therefore the law has given this privilege to the defendant on purpose to make them equal in the prosecution and defence, that equal just- ice may be done between them. It considers that the judges, the witnesses, and the jury, are more likely to be influenced by the king than the defendant, and therefore it is that the law has ordered, that, at the king's prosecution, no man shall be criminally questioned (this is a criminal question), unless a grand jury, upon their own knowledge, or upon the evidence 1777- LI^E OF JOHN HORNE TOOKE. 45.9 given them, sluill give a verdict that they really believe their accusation is true. '*' I shall desire, by-and-bye, gentlemen, ibr your satisfaction and mine, to endeavour to find out, whether there is one num in the country who believes me gnilty of the crime laid to my charge — a crime of that nature, that is to have a punishment, Avhich is called, by the law, a temporarv death, an exclusion from society. The apparent object of the prosecution is, to t.ike V, hat little money out of my pocket I may have there, and to imprison me, and to exclude me from the society of which 1 have rendered myself unworthy. However, I have the plea- sure to see, that there sits a gentleman * by the judge who is now trying me, who, as well as myself, has charged the king's troops with mur- der. The judge and that gentleman have been laughing all tlie time of this trial ; they have enjoyed each other's company exceedingly. — [^ ^re^/^ laugh, for some minutes, of the whole audience^ *' But to return to my subject. If the ground of the charge happens to be, as this is, * of all plain and simple niatters that ever were laid before a court, the most simple,' it is a very strange circumsiance that the attorney-general * Mr. Wilkes. 460 LIFE OF JOHIs HORNE TOOKE. li^77. should choose to have a special jury to try a thing in which there is nothing special. Special juries were never intended for that pur- pose^ but to examine into merchants' accounts, or any critical and nice matter ; and yet they are always made use of in matters of libel. But special juries are not fairly stnick ; they are not taken indifferently from a book ; in my case^ it might be called plcMng, rather than striking a jury. A sheriflTs officer stands by the solicitor of the treasurv, and if a name which they do not like turns up, this ofBcer says, 'O, sir, he is dead — he is too old — he has become a bankrupt.' — 1 was told, in this man- ner, that Mr. Sainsbury, my tobacconist, on Lud- gate Hill, had been dead seven months, and it Avas not until I observed that I Kad seen his name, that verv dav, on a committee for the Thames Navigation, that he was brought to life again, and placed on the list. ^' But if, after all, the attorney- general loses the verdict, he pays no costs, while the misera- ble, innocent man, thus harassed, must stand by his costs, and they may be whatever the law (Officers of the crown please to make them. But this is not all ; for, in case of conviction, he may aggravate the punishment. I was present in court when the judge who now tries me, told IT77' LIFE OF JOHN HORNE TOOKE. 4b'l tlie attorney-general, De Cirey, Avhen he moved that Mr. ^^ ilkes niiizht he conunitted to the King's Bench j)rison, ' the king';; attorney-gene- ral may ehoose his prison : all the prisons are the king's.' •" But who is it that enjoys all these })Ower*> ? It is the attorney-general ; now, who is the at- torney-general r lie is said to he the king's of- iicer ; l)nt he holds hisollice hy a very precarious tenure : his future ]io])es are greater than those of any man in this country ; his fears, therefore, must he in ])roportion. But he is the officer of the minister, not of the crown. There sits a irentleman in this vcrv court who should now have heen attorney-general *, (Ive lost not the ]jlace for Avant of abilities,) who refused to take a brief for the crown in this very cause, be- cause he thought it scandalous, at the distance of two vears and a quarter; he is an instance of the doctrine, that if the minister goes out to- morrow, out goes the attorney-general. 7'he attorney and solicitor-general sit in the house of commons, on each side of the premier — his tw(j brazen ])illars, the Jachin and Boaz. " (ientlemen, the particular unfairness oi' this j)rosecution stionglv demands your attention. — * Mr. Dunning, afierwarJs lord yVihburtuu. 46*2 LIFE OF JOHN HORNE TOOKE. 1777' The advertisement, now brought before you, was published on the 19th of June, 177^* Observe, too, the charge is not any harm that it has done, but only a tendency. What! come two years and a quarter afterwards to prosecute for a tendency to mischief. Appeals for felony, for rape, and for murder, must be bronsht within a year and a day. Good (xod ! if twenty years shall prescribe for trea- son — if forty or sixty years for a landed es- tate — if six, for a single contract debt ; if one year for appeal in case of rape — shall not the mere tendency of an insignificant libel in a newspaper (if it was a libel, but it is not) — shall not that be permitted a two years' pre- scription ?" After this, Mr. Home took occasion to notice something that had dropped from the attorney- general, about " not knoAving him ; " and re- marked, tliat this very person had solicited his acquaintance, through the medium of a common friend*, then in court, and that they had sat together from half past eight in the evening to an hour considerably beyond midnight. He added, that on a question -^ being asked, why * Mr. Dunning. f Most probably this relaUd to his advof ating the cause of Mr. Wilkes. 1777' i^IfE OF JOHN HORNE TOOKE. 4b'3 he had acted a certain ])art; "I told the gcn- tkMiian, in the year 17^8, that there was a par- ticular sect of rehgion, wliich of all others was most ahhorrcTit from mv ])rincij)les and way of thinking; hut, I ohservcd, persecute them to- morrow, and I will declare mvself of that sect the next day." This passed long hefore the wicked advertisement alluded to; long before I could foresee that the yVmericans were to he treated as they have been. " Every action in which I have been con- cerned has steadilv been U])on one and the same principle ; 1 have never had occasion to uuppoit a friend or an acquaintance, to pro- mote an election, or to vote, or to do any thing for anv particular connexions; they have always been absolute strangers to me, and men taken up on the footing of oppression. Friends! Yes, if friendship received from me could make them my friends. But friends! No, if any friend>hij) received from them was necessary to make them so. My motive has been constantly the same: I kuo>v no American. " Gentlemen, I have been more concerned in my library, than I have with the commerce of men in the world; and I read there, when 1 was very young, that when SoIoti was asked which was the best government, he answered ' whevQ 46'4 LIFE OF JOHN HORNE TOOKE. 1777' those who are not personally injiirtd resent and pursue the injury or violence done to another^ as he woukl do if done to himself.' — That he said was the hest government; and he made a law empowerins^ men to do so. Now, gentlemen, we are happier, w^e are under a better govern- ment; for our laws enjoined us to do wluit he only empowered men to do. By our laws the whole iieij^hbourhood is answerable for the conduct of each : our lawsmakeiteach man's dutyand interest to watch over the duty of all. This principle and duty has been represented in me as a malice. It is the only malice they will ever find about me. They have in no part of my life found me in any court of justice, upon any personal contest or motive v.hatever, either for interest, or profit, or injury. But to return, in this matter of charging the king's troops with murder, there is a very striking circumstance; and tliat, too, I suppose the attorney-general will have forgotten* It is well known, that, amongst other oppres- sions and enormities that gave me pain, murders (without any contest and dispute) conunitted and pardoned gave me much. I caused the .soldiers in St. George's Fields to be prosecuted — the king's troops — for murder. I took them uj). It was called no libel by the then attorney-ge- jierali thev were tried for murder ; I did intend 1777' LIFE OF JOHN HORNE TOOKE. 4^5 to have told you how they escaped — but they were charged with luurder, and that, not only in a court ot justice : 1 advertised it with my sijjnature. " It is notoriouslv known, that I chari:crinciples; repeatedly, over and over again, of different descriptions, and in different situations. I am proud, because I am insulted; or else I certainly should not have held any of tills langnage. " Tbe attorney-general, through a blamef'il carelessness, has told you a story of a thcologi- 4f4 LIFE OF JOHN HORNE TOOKE. ^777- cal, polemical dispute, between myself and a pa- rishioner. I never had such a dispute — no theo- logical disputes that ever I read of, and I have en- deavoured to read ail that ever happened, ever interested me in the manner that the present disputes do interest me. I never was made to be a martyr. I have opinions of my own, but I neyer intended to suffer for them at the stake. " My lords, he has endeavoured to insinuate that all that | wrote, and all that I said, w^as for the sake of a paradeful triumph over justice; and he has talked again and again of the mob. But the mob have conferred no greater favour on me than the attorney-general. I have been repeatedly followed by very numerous mobs in order to destroy me, single and alon^, for a great length of w'ay; not once, or twice, or three times, but four or five times; two or three thou- sand at my heels. I am sensible of the ridicule of the situation, even when I mention it. These are the only favours I have ever received from the mob; these are the only favours that 1 have ever solicited ; and I protest to your lordships I would much rather hear the mob hiss than halloo: for the latter would give me the head- ache, the first gives me no pain. My lord," addressing himself to the earl of Mansfield, " I have heard of those who have exjiressed morq 1777- LIFE OF JOHN nORNE TOOKE. 475 wishes for popularity tlian ever I felt. I have heard it said, and I think it was in this conrt, that they ' would have popularity; hut it should he that popularity which follows, not that which is sought after.' My lords, I am proud enough to despise them hoth. If popularity would offer itself to me, I would speedily take care to kick it away. " As for amhition and hodies of men, and parties, and societies, there is nothing of it in the case. There is no hody of men with whom I can think, that I know of. There is no hody of men with whom 1 am connected. There is no hody of men from whom I expect help or assistance. My lords, I have already appeared in this situation often enough; and if I had, as has hecn asserted, any luxury, or pleasure in holding myself forth in public; it would long before this have been satisfied. There are many other things which I might say to your lord- .ships; but as 1 trust, and fully trust, that I shall find a remedy, my lords, against the present de- cision, I must forbear saying one syllable in ex- tenuation of what the attorney-general has been pleased to charge me with ; and leave your lord- slnj)s to pronounce your judgment without the least consideration of me; without the smallest desire that you should abate a hair from what you 4lS LIFE OF JOHN HORNE TOOKE. 177 S. think necessary for the justice of the country. I shall leave it entirely to- your lordship's dis- cretion." Immediately after this, Mr. justice Aston pro- nonnced the sentence of the court, which Avas^ that the defendant "' do pay a fine of two hun- dred pounds, and he imprisoned for the space of twelve months, and until that fine is paid, and that he do find securities for his j^ood behaviour for three years, himself in four hundred pounds, and two sureties in two hundred pounds each." From that sentence Mr. Home appealed by means of a tv7^ii of error, in 1778, to the highest tribunal known to the laws of this kingdom. Mr. Dunning, who had refused on the former occasion to accept of a retainer from the crown, was now employed as counsel for the prisoner. He had already giA^en it as his opinion, that the objection suggested by Mr. Home, was insuper- able and fatal, and, calculating too nicely on a supposed defect of resolution on the part of the presiding judge, he had declared in private, " that, whatever might be lord Mansfield's wishes on this occasion, he would not dare to over-rule it." Finding himself mistaken, he resolved to combat manfully for his client. Ac-^ cordingly, in his argument at the bar of the house of lords, he proved the non-existence of 1/78. LIFE OF JOHN HORNE TOOKE. A'J'J the most hostile of the two precedents relied on by the lord chief justice; both of these, indeed, appeared to have been abandoned there, and the description and existence of the crime, ac- tually turned, as will be seen hereafter, on a nice grammatical question, relative to the precise ineaniiiiT of two or three words in the text! END OF VOL. I. Printed by C. WOOD, Poppin's Court, Fleet Street -x^ rmr *.. 3 1158 00198 7840 DA 506 T6IS83 v.l ITSO'JTHERS'REGIO'.Ai i ibrarn FACILITY A A 000 098 687 University of California SOUTHERN REGIONAL LIBRARY FACILITY 305 De Neve Drive - Parking Lot 17 . Box 951388 LOS ANGELES. CALIFORNIA 90095-1388 Return this material to the library from which it was borrowed. AKJ 008