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Serj. Jefferies. My lord, if you please to take a little time to consider of it, we hope we may satisfy you that he ought still to be in custody.
L. C. J. That you can never do, brother.
Serj. Jefferies. But your Lordship sees upon the proofs to-day this is a cause of an extraordinary foul nature, and what verdict the jury may give upon it we do not know. Att. Gen. The truth of it is, we would have my
Lord Grey forthcoming, in case he should be convicted, to receive the judgment of the Court.
L. C. J. You cannot have judgment this term, Mr. Attorney, that is to be sure; for there are not four days left. And my Lord Grey is to be found, to be sure; there never yet, before this, was any thing that reflected upon him, though this, indeed, is too much and too black if he be guilty.
Just. Dolben. Brother, you do ill to press us to what cannot be done; we, it may be, went further than ordinary in what we did, in committing him, being a peer, but we did it to get the young lady at liberty ; here she now appears, and says she is under no restraint; what shall we do? She is properly the plaintiff in the Homine Replegiando, and must declare, if she please ; but we cannot detain him in custody.
L. C. J. My lord shall give security to answer her suit upon the Homine Replegiando.
Mr. Williams. We will do it immediately.
L. C. J. We did, when it was moved the other day by my brother Maynard, who told us of ancient precedents, promise to look into them; and when we did so, we found them to be as much to the purpose, as if he had cast his cap into the air; they signified nothing at all to his point. But we did then tell him (as we did at first tell my lord so) if he did produce the lady, we
would immediately bail him. And she being now produced, we are bound by law to bail him. Take his bail.
[And accordingly he was bailed at the suit of the Lady Henrietta Berkeley, by Mr. Forrester, and Mr. Thomas Wharton.]
Earl of Berkeley. My lord, I desire I may have my daughter again.
L. C. J. My lord, we do not hinder you; you may take her.
Lady Henrietta. I will go with my husband.
Earl of Berkeley. Then all that are my friends, seize her, I charge you.
L. C. J. Nay, let us have no breaking of the peace in the Court.
Despite, however, of this warning of the Chief Justice, Lord Berkeley again claiming his daughter, and attempting to seize her by force in the hall, a great scuffle ensued, and swords were drawn on both sides. At this critical moment the Court broke up, and the Judge, passing by, ordered his tipstaff to take Lady Henrietta into custody, and convey her to the King's Bench, whither Mr. Turner accompanied her. On the last day of term, she was released by order of the Court;
and the business being in some way arranged among the parties during the vacation, the lawsuit was not persevered in.
Lady Henrietta herself is stated to have died, unmarried, in the year 1710; consequently, the claim of Turner must have been a mere collusion to save Lord Grey.
SOME NOBLE SUFFERERS FROM WITCHCRAFT.
In the church of Bottisford is the sepulchral chapel of the Rutland family; and among the stately tombs is that of Francis Manners, Earl of Rutland, his Countess, and their two sons, Henry and Francis, which attracts more than ordinary attention, from the story attached to it in the church books. We give the extract, merely amending the spelling, and substituting small letters for the redundant capitals:
" When the Right Hon. Sir Francis Manners succeeded his brother, Roger, in the Earldom of Rutland, and took possession of Belvoir Castle, and of the estates belonging to the earldom, he took such honourable measures in the courses of his life, that he neither discharged servants, nor denied the access of the poor; but making strangers welcome, did all the good offices of a noble lord, by which he got the love and good will of the country, bis noble Countess being of the same doble disposition. So that Belvoir Castle was a continual place of entertainment, especially to neighbours, where Joan Flower and her daughter were not only relieved at the first, but Joan was also admitted charwoman, and her daughter Margaret as a continual dweller in the castle, looking to the poultry abroad, and the wash-house at home; and thus they continued till found guilty of some misdemeanor, which was disco
accompanied by his bride. In the spring of 1808 they returned to England; and, on the 5th of May in that year, Mrs. Sturgeon expired at Hythe, Kent, her disease being, as is stated above, consumption. She was buried in the Curran vault, at Newmarket, in the county of Cork, where a monumental tablet was placed over her by her husband. In September, 1847, this vault was opened to receive the remains of James, son of William Curran, nephew of Mrs. Sturgeon's illustrious father, when a leaden coffin was discovered (the outer wooden shell having decayed), bearing this inscription on a brass plate :
The reader will doubtless remember Moore's verses* on this hapless lover of Emmet's, and will understand the allusion contained in the second stanza, from the preceding notice :
She is far from the land where her young hero sleeps,
And lovers are round her, sigbing:
weeps, For her heart in his grave is lying. She sings the wild songs of her dear native plains,
Every note which he loved awaking; Ah! little they think who delight in her strains,
How the heart of the Minstrel is breaking.
• Irish Melodies.
He had lived for his love, for his country, he died,
They were all that to life had entwined him;
Nor long will his love stay behind him.
Oh! make her a grave where the sunbeams rest,
When they promise a glorious morrow;
From her own loved island of sorrow.'
A NOTABLE WRESTLER.
Sir Thomas PARKINS, Bart., who lived in the early part of the last century, was remarkable for his skill in, and fondness for, the art of wrestling. By the inscription on his monument, we are informed that “he was a great wrestler, and justice of the peace for the Notts and Leicestershire." Also “ that he new-roofed the chancel, built the vault below, and erected this monu ment, wrought out of a fine piece of marble 'by his chaplain, in a barn ; that he studied physic for the benefit of his neighbours; wrote the · Cornish Hug Wrestler ;' and died in 1751, aged 73.” He had two or three stone coffins made for himself, that he might take his choice. Notwithstanding, however, some eccentricity of character, he was upright and intelligent, and wellversed in the learning of his day; and, at his decease, was universally lamented as a most excellent magistrate.
On his monument in the church he is represented in
a posture ready for wrestling ; and on another part of it he appears thrown by Time, accompanied with