Middlesex Sessions:
Sessions Papers - Justices' Working Documents
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February 1799

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Image 126 of 147


See General
orders vol 13
Room 111. Feb 1799

AFFIDAVIT.
T. R.

JOSEPH BURKS< no role > , of Jewin-Street , in the City of London , Bookseller , maketh oath and saith,
that he was confined in Newgate near Five Months subsequent to his being convicted for selling a
Work, entitled ,the "Duties of Citizenship," and prior Judgment being passed on him for having
sold the same Work. And this Deponent further saith, that he was sentenced by the Court of King's
Bench to Two Years solitary confinement in the House of Correction, Cold-bath-fields , from which
Place he has only been liberated about a Month. And this Deponent further saith, that having read
in one of the Public Newspapers, a Speech, said to have been delivered by Mr. Wilberforce, on the
second reading of the Bill for the further suspension of the Habeas Corpus Act,in which said Report
said Mr. Wilberforce is stated to have informed the Honourable House of Commons , that a Letter of
this Deponent's had been intercepted, expressive of his Sorrow for any unguarded Language, or mis-
representation of the Regulations of the aforesaid Prison.And this Deponent further saith, that he
never directly or indirectly, intimated any Contrition for any Account which he gave of the Severity
of his Treatment , nor did he ever write, or cause to be written, any Letter to such Effect as stated
in the said reported Speech. And this Deponent further saith, that so far from being disposed to
write, or cause any such Letter to be written, that on the contrary, whenever he had an Opportunity
to write, he always felt himself disposed to describe to his Friends and the Public the unprecedented
Severity of his Treatment * And this Deponent positively saith, that he hath not only been misrepre-
sented by the above-mentioned Mr. Wilberforce, but this Deponent has been misrepresented by ano-
ther Member of the Honourable House of Commons , namely, Mr. Mainwaring, one of his Majesty's
Justices of the Peace for the County of Middlesex . On another Occasion, and in another Place, by the
Rev. Dr. Glasse, who represented this Deponent as satisfied with the Regulations of his Place of Con-
finement; in-consequence of which said presented Report, he this Deponent hath been informed; and
believes, the Court of King's Bench was induced to commit John Smith< no role > to the said Prison, who was
also convicted of having sold the aforesaid Work. And this Deponent positively saith, that he never gave
any Account expressive of his Approbation of the Regulations of the said Prison; on the contrary, this
Deponent saith,that he told the said Mr. Mainwaring and Dr. Glasse, that he was highly dissatisfied with
his Treatment, the rigidity, of his Confinement, and above all, with the finallness of the Allowance on
which be subsisted. And this Deponent further saith, that so far from his being ill at the Time of his
Confinement, as he has been informed, and believes the said Mr. Mainwaring and the Rev. Dr. Glasse in
their aforesaid Report to the Court of King's Bench , represented Deponent to be; and that in con-
sequence of the Airiness of the said Prison, this Deponent's Health was completely restored. Now,
this Deponent positively saith, that he never enjoyed a better State of Health than when he was
first confined in the said House of Correction , but that in consequence of the closeness of his Con-
finement, the scantiness of his Nourishment, and the dampness of his Cell, his Health become dan-
gerously impaired shortly after his being sent to said Prison,and continued so far a very considerable
Period. And this Deponent further saith, that the Treatment which he and other Prisoners expe-
rienced in said Prison, was so rigid and severe, and the gloomy Tyranny of the Place, such as to well
entitle it to the Epithet, Bastile, which has been given it by the Public And this Deponent further
saith, that, however, the I unto of Magistrates who preside over such Prison may represent it, and
describe the beneficial Effects resulting from it, that he does not think it by any Means calculated to
reform the Manners of the Culprits confined in it; on the contrary, from the Conversations which
he repeatedly overheard, he is convinced that it only tends to render then more desperate, ferocious
and cruel. And lastly, this Deponent saith that he never conducted himself with any impropriety
at the Place of Worship or Chapel of the said Prison, unless his refusing to sing when Nature had de-
nied him a Voice, can be deemed such. And mat whatever his religious Opinions may be, he would
not, on any Account, so flagrantly violate the Laws of Propriety and good Behaviour, as to have
conducted himself in so sacred a Place in the manner represented.

Mr Mainwaring &
Mr Glasse Denie
any such convey
taking place

Vide Mr Webb's report
Mr Mathews's accot
and Mr Bond of Hind [..]

Vide Mr Aris &
Read Mr Evans's report
Report of Come. 12
June 1797

Sworn before me at Guildhall , this 24th Day of December, 1798,

BROOK WATSON< no role > , Alderman.

JOSEPH BURKS< no role > .


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