that he did not feel hurt by the undue disparagement or the unprovoked animosity directed against him by some people. He admired the hospitality of the British nation. But that such a man had anything more than hospitality to thank us for is an idea that will not bear investigation. To say that we advanced or enriched him is a misstatement. The titles and rewards we gave him were inferior to those which he had forfeited in France for conscience’ sake. Love of wealth and honours would have kept him at home. Honourable principles and feelings brought him among us as a thoroughly qualified ambassador and soldier. The doubt is whether we were worthy of his offer of service to our struggling Protestant cause — not whether he was worthy of such honours and offices as we could bestow on him.
In anticipation of death he had made his will on the 30th of August. The Probate Court required a separate deposition from each of the four witnesses to the signature and execution of the will. The evidence of each was in almost the same words. Being of a biographical tenor, one of the depositions may be here inserted:—
“28th November, 1720. — Appeared personally John Imber of Stratton, in the county of Southampton, clerke, aged twenty-seven years, and being sworn upon the Holy Evangelists to depose the truth, did swear and depose as followeth. That he, this deponent, knew, and was acquainted with the Right Honourable Henry, late Earle and Viscount Gallway deceased, for the space of about three years before his death, and performed the office of chaplain to his Lordshipp in the time of his last sickness, whereof he dyed. And also saith that, on or about the 30th August, 1720, he, this deponent, was called in to bear witness to the said late Earl’s will, he being then in his chamber in the House of the Right Honourable the Lady Russell at Stratton, in the County of Southampton aforesaid, where the Original hereto annexed was then produced ready written, and the said late Earle did then sign, seal, publish, and declare the said Will, as and for his last Will and Testament, in the presence of him, this deponent, Daniel Caesar Pegorier, Thomas Sellwood, and Everard Persevell, whose names appear to be thereto subscribed, and who so severally subscribed their names as witnesses thereto, at the same time, and in the presence of the said deceased, and at his request. And this deponent further saith, that the said late Earle was, at all and singular the premisses of sound and perfect mind and memory, and talked and discoursed very rationally and sensibly.”
Mr Pegorier, another witness, described himself as Lord Galway’s chaplain; and the fact was that he was his Lordship’s private chaplain; but Mr. Imber, being the curate in charge of the parish of Stratton, visited Stratton House, and occasionally gave assistance as a chaplain.
The accepting executors and trustees were William, Duke of Devonshire, and Richard Vaughan, Esq. of Dorwith, in the county of Carmarthen. Of the other two, John, Duke of Rutland, declined to act, and John Charlton, Esq. of Totteridge, in Hertfordshire, was dead.
∗*∗ Earl of Galway’s Last Will and Testament, and Trust-Deed.
The witnesses to Lord Galway’s signature were, the Rev. John Imber (aged 27), curate of Stratton; the Rev. Daniel Caesar Pegorier (aged 24), of St. Anne’s parish, Westminster, chaplain to Lord Galway; Thomas Sellwood (aged 38), gentleman, of St. Giles' parish, Westminster, Lord Galway’s agent, and writer of the will; Everard Persevell (aged 63), yeoman, of the parish of St. Giles-in-the-Fields, Middlesex. It is specified after each legacy, that it is “to be paid within one year after my decease;” and as to annuities, they are “per annum for and during the term of his [or her] natural life, to be paid him [or her] by four equal quarterly payments, on the Feast of the Birth of our Lord Christ, the Annunciation of the Blessed Virgin Mary, the Feast of St John Baptist, and St. Michael the Archangel. And I do appoint the first payment to begin and be made at such of the said feast-days as shall first happen after my decease.”
The contents may be classified under five divisions:—
I. — Settlement on his Heiress — consisting of the first and last paragraphs of the Will, and the Trust-Deed appended.
