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THE

EUROPEAN MAGAZINE,

AND

LONDON REVIEW,

FOR JULY 1800.

SIR FRANCIS BULLER, BART.
JUDGE OF THE COMMON PLEAS.
(WITH A PORTRAIT.)

T is the glory of the British Nation to be governed by known and estab. lished laws; fuch as are faithfully expounded and leniently executed and it has been the peculiar felicity of these kingdoms, that the adminiftrators of juftice, at least fince the Revolution, have been men of found learning, strict integrity, and rigid impartiality: men, neither biaffed by party, nor liable to any influence; whofe judgments have in general fatisfied even the party against whom they have been given, and impofed filence on the clamours of avarice, felf-intereft, and revenge.

The Gentleman whofe portrait is in our prefent Number, might challenge any one of his predeceffors on the fcore of ability or integrity. He was born about the year 1745. His father was James Buller, Efq. of Morval, in the county of Cornwall, a Reprefentative in Parliament for that county; and his mother was Jane, daughter of Allen Earl Bathurst. He received his education at a private school in the Welt of England; from whence he was entered of the Inner Temple, without having, as is ufual with perfons of his rank, paffed through the Univerfity. It has been much controverted what is the best mode of education for a pratifing lawyer. By fome it has been contended, that he thould be initiated in the sciences, and inftructed in claffical and polite literature: while others as ftrenuously affert, that nothing more is neceffary than for the

ftudent to exert his own induftry; to make himself master of the practice of the Courts, a fpecies of knowledge to be obtained by copying (as Sir William Blackstone expreffes it) the trash of an office, which, with fpecial pleading and fome refidence with an attorney or folicitor in bufinefs, would answer every purpofe defired. It has been even illiberally prefumed by fome, that the acquirements to be obtained at the Univerfities are not of a fort to be anxiously fought after, nay rather that they were fuch as would act disadvantageoufly to the feeker; as he would be in danger of imbibing a degree of delicacy and fenfibility-qualities attached to a liberal education, but by no means required in the legal profeffion. Of the fuccefsful candidates for the honours and emoluments of the Law, very fplendid inftances might be produced in favour of each fyftem; we fhall therefore leave it undetermined, obferving only - it feems generally agreed, that Judge Buller's graf of knowledge out of his profeffion might be faid to be but mall.

On his determination to chufe the Law for his profeffion, he became a pupil of Sir William Henry Afhurst, then the most celebrated special pleader of the times; and, difcarding all other purfuits, foon eftablished his character. as one not inferior to the moft eminent in Weftrainfter Hall. On quitting him, he followed the iteps of his master, in the fame branch of the profeffion, for

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fome time before he was called to the Bar, an event which took place in Eafter Term 1772.

He foon obtained confiderable practice, and published in quarto " An Introduction to the Law relative to Trials at Nifi Prius," a book of great, ufe, and which has been feveral times reprinted. In the compofition of this work he was reported to have been materially affitted by the collections of his uncle Lord Bathurst.

On the 24th of November 1777, he was appointed one of his Majefty's counfel learned in the law, and on the 27th of the fame month was advanced to the dignity of Second Judge of the Chefter Circuit. He remained but a fhort time in this fituation; being, at the inftance of Lord Mansfield, who withed for fo able an affiltant, further advanced to a feat in the Court of King's Bench, in Eafter Term 1778, on the death of Sir Richard Afton. Lord Mansfield's opinion of him was to high, that he wished to have had him appointed his fucceffor; and the

refignation of that great man is fup pofed to have been delayed, not much to the credit of the Chief Juftice, some time, in hopes of effecting that purpofe.

Judge Buller had early been afflicted with the gout in a very violent manner; and, long before the ufual period of bodily imbecility, found the duties of his office too much for him. He therefore folicited, and was indulged with a removal to the Court of Common Pleas in June 1794, which at length was alfo found, from his declining health, to be above his ftrength. An application was again made, and permiflion granted him, to refign his office altogether. This was to have taken place on Friday the 6th of June laft; but two days before he was feized with an apoplectic fit, which carried him off inftantly, at the age of fifty-five.

Early in life he married, and has left a fon who took the name of Yarde; to which, fince his father's death, he has added his original name.

written in fo extremely genteel and obliging manner, and with expreffions of fingular regard and confideration for me, that I affure you excited in me most particular and lively fentiments, not only of fatisfaction for the delicacy with which the affair has been managed, but alfo of gratitude for the generofity which has provided for my neceflity.

COPIES OF LETTERS FROM THE CARDINAL OF YORK. The magnanimity and benevolence of bis Majefty, in extending an ample provision for the diftreffed and only remaining branch of the House of Stuart, cannot be Jufficiently known or too much admired. The following Letters have been received from the venerable Cardinal on receiving this gracious bounty; and ve are obliged to a Correfpondent for obtaining a Copy of fo interesting a correspondence. YOUR letters fully convince me of the cordial intereft you take in all that regards my perfon, and am happy to acknowledge that principally I owe to your friendly efforts, and to them of your friends, the fuccour gen roufly granted to relieve the extreme neceffities, into which I have been driven by the prefent difmal circumstances. I cannot fufficiently exprefs, how fenfible I am to your good heart and write thefe few lines in the first place to con. fefs to you thefe my molt fincere and grateful fentiments, and then to inform you, that by means of Mr. Oakley, an English Gentleman arrived here laft week, I have received a letter from Lord Minto from Vienna, advifing me that he had orders from his Court to remit to me at prefent the fum of oool.; and that in the month of July next, I may again draw, if I defire it, for another equal fum. The letter is

I have anfwered Lord Minto's letter, and gave it Saturday last to Mr. Oakley, who was to fend it by that evening's poft to Vienna: I have written in a manner that I hope will be to his Lordfhip's fatisfaction. I own to you that the fuccour granted to me could not be more timely; for without it, it would have been impoffible for me to fubfift, on account of the abfolutely irreparable lofs of all my income, the very funds being alfo destroyed, fo that I fhould otherwife have been reduced, for the fort remainder of my

life, to languish in mifery and indigence.

I could not lofe a moment's time to apprize you of all this, and am very certain that your experimented good heart will find proper means to make known, in an energical and proper manner, these fentiments of my grateful acknowledgement.

The fignal obligations I am under to Mr. Andrew Stuart for all that he has, with fo much cordiality on this occafion, done to affift me, render is for me indifpenfable to defire, that you may return him my moft fincere thanks, affuring him that his health and wel. fare intereft me extremely: and that I have with great pleasure received from Gen. Acton the genealogical hiftory of our family, which he was fo kind as to fend me; I hope that he will, from that Gentleman, have already received my thanks for fo valuable a proof of his attention for me.

In the last place, if you think proper, and an occafion fhold offer itself, I beg you make known to the other Gentlemen alfo who have co-operated, my molt grateful acknowledgements; with which, my dear Sir John, with all my heart, I embrace you.

Your belt of Friends,

HENRY CARDINAL.

VENICE, 26th FEB. 1800.
To Sir J. C. Hippefley, Bart. London.

DEAR SIR JOHN,

I have not words to explain the deep impreffion your very obliging favour of March 31 made on me. Your and Mr. Andrew Stuart's molt friendly and

warm exertions in my behalf, the bu mane and benevolent conduct of your Minifters, your gracious Sovereign's noble and ipontaneous generofity, the continuance of which, you certify me, depends on my need of it, were all ideas which crowded together on my mind, and filled me with the moit lively fenfations of tenderness and heartfelt gratitude. What return can I make for fo many and to fignal proofs of difinterested benevolence? Dear Sir John, I confefs I am at a loss how to exprefs my feelings; I am sure, however, and very happy that your good heart will make you fully conceive the fentiments of mine, and induce you to make known, in an adequate and convenient manner, to all fuch as you thall think proper, my most fincere acknowledgements.

With pleature I have prefented your compliments to the Cardinals and other perfons you mention, who all return you their fincere thanks; the Canon in particular, now Monfignore, being alfo a domeftic prelate of his Holinets, begs you be perfuaded of his conftant refpect and attachment to you.

My wishes would be completely gratified, thould I have the pleature, as I moft earnestly defire, to fee you again at Frefcati, and be able to affure you, by word of mouth, of my molt fincere eiteem, and affectionate, indelible gratitude.

Your best of Friends,
HENRY CARDINAL.

VENICE, 7th MAY, 1850.
To Sir J. C. Hippefley, Bart.
Grofvenor-freet, London.

POPE.

IT Tis obferved in that delightful and inftructive work, the Effay on the Genius and Writings of Pope, that they who are fond of tracing images and fentiments to their fource, may perhaps be inclined to think that the hint of afcribing talks and offices to the Sylphs in the Rape of the Lock, is taken from the Fairies and the Ariel of Shakspeare. It certainly feems fo. The imitation, however, is no less beautiful than the original.

In reading lately the Henry the Second of T. May, a poem published in 1633, I have been alfo induced to fuppofe

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TO THE EDITOR OF THE EUROPEAN MAGAZINE.
SIR,

I TAKE the liberty of requesting the early infertion of the following ADDRESS OF THE ANTIENT FRATERNITY OF FREE AND ACCEPTED MASONS TO HIS MAJESTY, On the late providential Escape from the atrocious Attempt made on his Sacred Perfon. It may perhaps be (as the Earl of Moira stated in the Grand Lodge) the best answer that can be given to certain modern publications, holding forth to the world the Society of Mafons as a league against Constituted Authorities; an imputation the more fecurely to be made, as the known conditions of our Fellowship make it certain that no answer can be publifhed. It is not to be difputed, that in countries where impolitic prohibitions reftrict the communication of fentiment, the activity of the human mind may, among other means of baffling_controul, have reforted to the artifice of borrowing the denomination of Free Mafons, to cover meetings for feditious purpofes; juft as any other defcription might be affumed for the fame object: but, in the first place (lays the Noble Earl), it is the invaluable distinction of this free Country, that fuch juft intercourfe of opinions exifts without restraint, as cannot leave to any number of men the defire of forming or frequenting thofe difguifed Societies, where dangerous difpofitions may be imbibed: And fecondly, the profligate doctrines which may have been nurtured in any such self-established affemblies, could never have been tolerated for a moment in any Lodge meeting under regular authority. We aver (fays his Lordship) that not only fuch laxity of opinion has no fort of connexion with the Tenets of Masonry, but is diametrically oppofed to the injunction which we regard as the FOUNDATION STONE of the Lodge; namely, "FEAR GOD HONOUR THE KING !" In confirmation of this folemn affertion, what can be advanced more irrefragable than that fo many of his Majesty's illuftrious family ftand in the highest Order of Mafonry, are fully instructed in all its tendencies; and have intimate knowledge of every particular in its current adminiftration under the Grand Lodge of England.

Walworth, July 10th, 1800.

"Moft Gracious Sovereign, TH HE danger to which your Majefty was expofed in the atrocious attempt lately made against your Sacred Perfon, whilft it filled the hearts of all in this country with alarm and abhorrence, has authorized every clafs of your fubjects to offer at your throne the expreffion of their ardent attachment without fear of incurring the charge of intrufion.

"Vouchfafe, Sire, under this conftruction, to admit the homage of a defcription of men who, in any ordinary circumftances, could not as a Body tender the profeffion of that devotion to your Royal Perfon and to your Government which it is their boaft to cherish, not in their individual

I am, &c. &c.

SEMAJ ENREPSA.

capacities alone, but in their peculiar Ailociation.

"The Law, by permitting, under certain regulations, the meetings of Free-Mafons, has defined the exiftence of the Society; binding, at the fame time, the members of it, by a new obligation of gratitude for the confidence extended towards them, to labour, as far as their feeble powers may apply, in inculcating loyalty to the King and reverence to the ineftimable fabric of the British Conftitution.

"Being fo acknowledged, we fhould think ourselves wanting in the firft duty towards your Majefty and towards that Conftitution, did we not approach your Majefty with the testimony of our feelings on this awful occafion.

"Your

"Your Majefty is, therefore, implored to receive the humble congratulations of the GRAND LODGE of FREE-MASONS, under the Conftitution of England (the Reprefentative-Affembly of all the Lodges under that Conftitution), in the name of themselves and of all their brethren, on your having been fhielded by the hand of Providence from the defperate and execrable attempt of the affaffin.

"When principles were first promulgated in France, which, to our conception, tended to the overthrow of all peace and order in fociety, we felt ourselves called upon to depart from a rule which had been till then religiously observed in our Affociation, "As a veil of fecrecy conceals the tranfactions at our meetings, our fellow-fubjects have no affurance that there may not be in our Affociation a tendency injurious to their interests, other than the general tenor of our conduct, and the notoriety that the door of Free-Mafonry is not clofed against any clafs, profeffion, or fect, provided the individual defiring admiffion be unstained in moral character. To remove, therefore, as far as poffible, any ground for fufpicion, it has been, from time immemorial, a fundamental rule, moft rigidly maintained, that no political topic fhall, on any pretence, be mentioned in a Lodge.

"The fingular juncture to which we have alluded seemed to call for fome pofitive declaration which might dif tinctly exhibit our opinions; we thence ventured to profefs to your Majefty the loyalty with which the Free Mafons of England glowed towards your Royal Perfon, and their unalterable attachment to the present happy Form of

Government in this country. But, as no forefight could devife a motive of equal importance with that which then actuated us, the recent occurrence being of a nature too horrid to be in fuppofition as a poffibility, it was ftrongly declared that no precedent thould be drawn from that step; and that on no future occafion fhould the Grand Lodge exercise an advertence to events which might entail upon FreeMafons the charge of affuming the privilege to deliberate as a Body upon public affairs. Hence, Sire, our prefent Addrefs has not been fo early as our individual anxiety would have dictated; for it was requifite that a general con currence fhould fanction the Grand Lodge in a fecond relaxation of its rules, before we could jointly exprefs that which we feverally felt in the moft ardent manner on the folemn fubject.

"We have poured forth to the Grand Architect of the Universe our humble thankfgiving, that to the other bleffings fhowered on this country he has added that of defeating a crime, the fole at tempt at which produced univerfal difmay throughout thefe realms; and we earnestly confide in his divine bounty to preferve to us and to our fellow-fubjects for many, very many, years to come, a life fo important in its example, and fo ineftimable in its fuperintendence over our happiness, as that of your Majesty,"

The above Addrefs was figned by his Royal Highness the Prince of Wales, Grand Mafter; the Earl of Moira, A. G. M.; Sir Peter Parker, D. G. M.; and William White, G. S.; and prefented to the King by his Royal High nefs the Grand Master.

ISLE OF DOGS WET DOCK.

THE ceremony of laying the Firft

Stone of the Buildings of this magnificent undertaking was performed on Saturday the 12th July, 1800, the an niverfary of the day on which the Act of Parliament for carrying the fame into effect received the Royal Affent.

The Company affembled at the London Tavern at one o'clock, and moved in the following proceffion to the Ille of Dogs:

The Directors of the Weft India Dock Company;

and, in the laft of their carriages,
The Chairman and Deputy Chairman;
then

The Lord Chancellor,
Earl Spencer,
Lord Hawkesbury,
The Rt. Hon. William Pitt,
The Rt. Hon. Henry Dundas,
The Rt. Hon. Dudley Ryder,
The Rt. Hon. Thomas Steele,
The Rt. Hon. Silvester Douglas,
Sir Jofeph Banks, Bart. K. B.
Sir Andrew Snape Hamond, Bart.

• See European Mag. June, 1793.

and

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