ence which the law requires you, as judges, to pronounce against
men of our calamitous condition. But we are also persuaded, that as mere
men, and out of this seat of rigorous justice, you are susceptive of the
tender passions, and too humane not to commiserate the unhappy situation
of those, whom the law sometimes, perhaps--exacts--from you to pronounce
upon. No doubt, you distinguish between offences which arise out of
premeditation, and a disposition habituated to vice or immorality, and
transgressions, which are the unhappy and unforeseen effects of casual
absence of reason, and sudden impulse of passion; we, therefore, hope
you will contribute all you can to an extension of that mercy, which
the gentlemen of the jury have been pleased to show Mr. Merchant, who
(allowing facts as sworn against us by the evidence) has led us into
this our calamity. I hope this will not be construed as if we meant to
reflect upon that gentleman, or remove any thing from us upon him, or
that we repine the more at our fate, because he has no participation of
it: no, my lord; for my part, I declare nothing could more soften my
grief, than to be without any companion in so great a misfortune[69]."
Mr. Savage had now no hopes of life, but from the mercy of the crown,
which was very earnestly solicited by his friends, and which, with
whatever difficulty the story may obtain belief, was obstructed only by
his mother.
To prejudice the queen against him, she made use of an incident, which
was omitted in the order of time, that it might be mentioned together
with the purpose which it was made to serve. Mr. Savage, when he had
discovered his birth, had an incessant desire to speak to his mother,
who always avoided him in publick, and refused him admission into her
house. One evening walking, as it was his custom, in the street that she
inhabited, he saw the door of her house by accident open; he entered it,
and, finding no person in the passage to hinder him, went up stairs to
salute her. She discovered him before he could enter her chamber,
alarmed the family with the most distressful outcries, and, when she had
by her screams gathered them about her, ordered them to drive out of the
house that villain, who had forced himself in upon her, and endeavoured
to murder her. Savage, who had attempted, with the most submissive
tenderness, to soften her rage, hearing her utter so detestable an
accusation, thought it prudent to retire; and, I believe,
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