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1835.] OBITUARY.—Adm. Sir C. Tyler, G.C.B.-Lt.-Gen. Cope.

ADM. SIR C. TYLER, G. C.B. Sept. 28. At Beaufort-buildings, near Gloucester (whither he had gone for medical advice), aged 75, Sir Charles Tyler, G.C.B. Admiral of the White, of Cothel, co. Glamorgan.

This veteran officer (the third son of Capt. Peter Tyler, of the 52d foot, who died 1763, by Anne daughter of Henry eighth Lord Teynham, and his third wife Anne Baroness Dacre) was made Commander previous to the termination of the war with America, and appointed to the Queen, armed ship, of 20 guns. He afterwards commanded the Trimmer sloop, stationed at Milford for the suppression of smuggling. His post commission bore date Sept. 21, 1790.

Early in 1793, on the breaking out of the war with France, he obtained the command of the Meleager 32. He served in that ship at Toulon, and at the reduction of Corsica, where his services were so conspicuous, that, when La Minerve, a prize frigate of 40 guns, that had been sunk, was, chiefly by his exertions, weighed again, the command of her was assigned to him. She took the name of the St. Fiorenzo, from the town and fortress so called. This occurred about March 1794; and in the autumn of the same year, Capt. Tyler was removed into the Diadem 64, forming one of Vice-Adm. Hotham's fleet, and was engaged in the partial action of March 14, 1795. He was next intrusted with the command of a small squadron stationed in the Adriatic; and subsequently employed under the orders of Commodore Nelson, on the coast of Italy. In 1796 he was appointed to l'Aigle frigate, in which he cruised with considerable success, and captured several of the enemy's privateers; but in 1798, when conveying dispatches to Sir Horatio Nelson, he was wrecked near Tunis, and had to sustain many severe privations and serious hardships.

On returning to England, Capt. Tyler obtained the command of the Warrior 74, and served with the Channel fleet until the spring of 1801; when he accompanied Sir Hyde Parker on an expedition to the Baltic. He continued there until July; and during the remainder of that war was engaged in the blockade of Cadiz.

On the 20th Jan. 1802, a squadron, consisting of the Warrior, Bellona, Zealous, and Defence, under the orders of Capt. Tyler, sailed from Gibraltar for the West Indies, to watch the motions of an armament dispatched thither immediately after the suspension of hostilities. Capt. Tyler anchored at Port Royal, Jamaica, on the 15th Feb. and returned thence to England in July following.

In 1803, on the renewal of the war,
GENT. MAG. VOL. IV.

649

Capt. Tyler was appointed to the superintendence of a district of Sea Fencibles, in which service he remained until appointed, in 1805, to the Tonnant of 80 guns. This ship was warmly engaged in the battle of Trafalgar, having 26 men killed, and 50, including her commander, wounded. The Santa Anna, of 102 guns, the ship of the Spanish admiral, d'Aliva, struck to the Tonnant, and was taken possession of by a Lieutenant and 60 men from that ship; but during the hurricane which followed, the English were dishonourably overpowered by the crew, who carried them prisoners into Cadiz. Capt. Tyler was advanced to the rank of Rear-Admiral, April 28, 1808, and soon after hoisted his flag as second in command at Portsmouth.

He subsequently served under Sir Charles Cotton, off the Tagus, and was present at the surrender of the Russian admiral Seniavin, Sept. 3, 1808, the first division of whose fleet he escorted from Lisbon to Spithead, where they arrived on the 6th of the following month.

In the autumn of 1812 Rear-Admiral Tyler was appointed Commander-in-chief at the Cape of Good Hope, where he continued for three years. On the enlargement of the Order of the Bath he was nominated a Knight Commander, Jan. 2, 1815, and he was advanced to the dignity of a Grand Cross, Jan. 23, 1833. He was promoted to the rank of ViceAdiniral in 1812, and to that of full Admiral in 1825.

Sir Charles Tyler was twice married, first to Anne only daughter of Charles Rice, R.N. who died 1784; and secondly to Margaret daughter of Abraham Leach, esq. of Pembroke. The latter died shortly before him (see p. 445). By the first lady he has left an only son Charles, born 15th April, 1784, a Commander R.N. By the second lady two sons, George, who in 1819 married Miss Sullivan; Roper; and four daughters.

Sir Charles had been in declining health for some years. His loss is sincerely regretted by his numerous friends and relations.

LT.-GEN. E. R. COPE.
Aug. 18. Lieut.-Gen. Edmund Reilly
Cope.

He was the only son of William Cope, esq. of Dublin, who rendered important services to his country by communicating intelligence to Government respecting the Irish Rebellion of 1799.

He obtained his first commission, by purchase, as Ensign in the 66th foot, Jan. 19, 1784; and having joined that regiment in Ireland, proceeded with it to the West Indies, where he was stationed for some

40

years. He purchased a Lieutenancy in 1787, and subsequently a Company in the 4th, or King's Own. With that regiment he served in various parts of Nova Scotia and Canada, and accompanied it on an expedition against St. Pierre and Miquelon.

On the 3d Dec. 1791 he was appointed to the Majority of the late Royal Dublin regiment, in the formation of which he took a very active part. He was afterwards Major of the Loyal Irish Fencibles; and on the 1st Jan. 1800 received the brevet of Lieut.-Colonel. He served with the corps last named in Jersey, until 1803; when, as he was about to return home from a visit to the continent, he was detained in France as a prisoner of

war.

During the eleven years that Col. Cope remained in captivity at Verdun and Valenciennes, he was one of the most active members of the Committee for distributing money and clothing to the prisoners; and he received a communication in approval of his benevolent exertions from his Royal Highness the Commander-in-Chief.

On his return to England he was placed on the list of Major-Generals June 4, 1813; and be attained the rank of Lieut.General in 1825.

MAJOR-GEN. HEPBURN, C.B. June 7. At Tunbridge Wells, MajorGeneral Francis Hepburn, C. B.

He was the younger son of Col. David Hepburn, (the younger son of James Hepburn, of Brecarton and Keith Marshall, who spent the greater part of his fortune in the service of the Stuarts,) by Bertha Graham, of the family of Inchbrakie.

In 1794, at the age of fifteen, he was appointed to an Ensigney in the 3d foot guards. In 1798 he served with his battalion in the Irish rebellion; and in 1799 he accompanied the expedition to the Helder. From 1802 to 1805 he was upon the Home Staff, with Gen. Acland, at Chelmsford; and in 1805 he went to Malta with Gen. Mackenzie Fraser and Gen. Ackland. He remained there with Gen. Fox; and thence removed to Sicily, where he served under Gen. Sir Edw. Paget. At the time of the battle of Maida, he was confined to bed with fever and opthalmia.

In 1809 be went to Cadiz, where he was stationed at the Isla de Leon. In 1811 he was present at the battle of Bar. rosa as Major of his battalion, and in the charge his leg was severely shattered by a musket ball: amputation was proposed, which he refused, but bis sufferings trom the wound were so severe, that he was

obliged to return home, nor was he able to rejoin the army until the autumn of 1812.

He was then appointed, much to his satisfaction, to the command of a small corps of light troops or sharp-shooters; and was present at the battles of Vittoria, Nivelle, and the passage of the Neve.

In 1814 he was ordered home to take the command of the battalion of the 3d guards destined for the expedition to the Netherlands, where he remained until the June of the following year, and then joined the Duke of Wellington at Brussels. He was present in the action of Quatre-Bras on the 16th of that month, was also engaged on the 17th, and on the 18th commanded at Waterloo the second battalion of the 3d guards. At an early period of the action, he was ordered to the important post of Hougomont, where, with some foreign battalions under his orders, he effectually defended the orchard and wood, whilst Col. Woodford with the Coldstream regiment occupied the chateau. The importance of this service, and the gallantry with which it was executed, are fully shown in the Duke of Wellington's despatch; but, owing to an unfortunate mistake, the name of Col. Hepburn was not mentioned, but that of Col. Hume, who served under him, and had no separate command, was substi tuted. This mistake was afterwards offcially, but never publicly explained; and it is attributed to this circumstance that higher honours, which he had so hardly earned, were not bestowed on this officer. Besides a Companionship of the order of the Bath, he received, however, the 4th class of the order of Wilhelm from the King of the Netherlands, and the 4th class of the order of Wladimir from the Emperor of Russia.

In proof of Gen. Hepburn's devotion to his profession, it may be mentioned, that during the whole of his services after he rejoined the Peninsular army in 1812, his wound had never healed; exfoliations frequently occurred, and it was not until a late period that a part of the ball, and a portion of cloth which it had carried into the wound, came away. From the severity of these sufferings, aggravated by a tendency to gout, his health was gradually undermined, and his constitution, which was naturally robust, sunk under them. He died deeply lamented by all who knew his high and generous principles, and his sterling and unassuming worth.

Major-Gen. Hepburn married in 1821 Henrietta, eldest daughter and co-heiress of Sir Henry Poole, the fifth and last Baronet, of Poole-hall, Cheshire, and of Hooke, in Sussex, by which lady, who

survives him, he has left two sons, HenryPoole and Francis- Robert, and one daughter.

MR. SERJEANT SELLON.

Aug. 19. At Hampstead, in his 74th year, Baker John Sellon, esq. B.C.L. Serjeant at Law.

Mr. Serjeant Sellon was the second son of the Rev. William Sellon, who during a period of thirty-three years was Curate and Minister of St. James's, Clerkenwell; a man of exemplary virtue and piety, and much distinguished as an eloquent and orthodox Divine. He died in 1790, aged 60.

His son, Baker John Sellon, the subject of the present memoir, was born on the 14th March 1762, was admitted into Merchant-Taylors' School 2d Nov. 1773, and after continuing in the head form only four years, under the care of the Rev. Thomas Green, was elected to St. John's College, Oxford, on St. Barnabas's Day 1779, being at that time second Monitor. From his attachment to the place of his education, he always took a lively interest in its welfare, and in after life was fond of relating the circumstances of his progress through that establishment. He served the office of steward of the school feast when a very young man, and was for many years a constant attendant at that gratifying meeting. The only academical degree he took at Oxford was that of Bachelor of Civil Law, to which he was admitted 24th Oct. 1785.

He had from an early period been destined by his father to follow the legal profession, though there appears no doubt, had he been left to the natural bias of his own feelings and turn of mind, that he would have greatly preferred the Church; but the wish and advice of a parent whom he fondly loved and highly revered, became paramount to every other consideration in determining his choice; and accordingly, upon his quitting Oxford, he appears to have seriously entered on the study of the Law. The 10th Feb. 1792 he was called to the Bar at the Inner Temple, and, after practising as a Barrister for several years with distinction, was admitted to the rank of Serjeant-atLaw in Easter Term 1798, and became about that period the Leader on the Norfolk circuit. For many years however before this event took place, he had been generally regarded as an eminent Lawyer and a very rising character; not only from his abilities as an advocate, but also from some legal works which he produced before and about the time of his being called to the Bar.

In the year 1789 he published in 8vo.

an Analysis of the Practice of the Courts of King's Bench and Common Pleas; with some observations on the mode of passing fines and suffering recoveries;' and in 1792-6, a second edition in 2 vols. 8vo, which obtained extensive circulation in the profession, and is generally regarded as a standard book. But while thus steadily advancing on the road to fortune and eminence, his legal career was suddenly checked and eventually arrested by an infirmity as severe as it was unlooked for. While attending in one of the courts on the Norfolk circuit, and engaged in some cause of importance, he was suddenly and permanently deprived of hearing in his right ear; and though the use of the other was for a time left him, yet that also was subsequently affected, and he became gradually reduced towards the close of life to a state of comparative deafness. He however continued, after his first attack, to struggle on in his career for some years, when his remaining ear becoming by degrees more and more affected, he could no longer hear, amid the hum and bustle of a crowded court, either the answers of the witnesses or the arguments of counsel, and for some time before he quitted the Bar, he was actually under the necessity of having recourse to an interpreter to report the proceedings in court. Under these unpleasant circumstances, the task of continuing his profession must have been irksome enough; but a higher motive, the dread of not being able to do justice to his clients, at length induced him altogether to relinquish the Bar. He had before this period, and probably about the time of the first attack of his infirmity, been offered a seat Bench of the Court of Common Pleas ; but which he was induced to decline from the same honourable motives which influenced his decision on his subsequent abandonment of the Law. But however he might feel the disqualifying nature of his infirmity in so far as regarded the pursuit of the higher departments of the profession, there was one branch of it in which he justly thought he could still be useful to himself and to society. The degree of deafness which obliged him to retire from the extensive arenas of the superior Courts of Justice, did not debar him from hearing with adequate distinctness in smaller and less crowded assemblies, nor from the pleasure of colloquial enjoyments. Thus situated, with a family nearly grown up and with little more to depend upon than his private fortune, he took the resolution, unknown to any one, of writing to Lord Sidmouth to explain the nature of his case,

on the

and to offer his services as a Police Magistrate. This proposal was received with kindness and urbanity, and the Serjeant, without farther solicitation from any quarter, was shortly after appointed by his lordship Police Magistrate at Union Hall, whence in Jan. 1819 he was transferred to Hatton- Garden Office-a situation he continued to hold till his retirement from the magistracy in 1834, after a twenty years' service.

On the 24th Jan. 1788 the Serjeant was married, at a somewhat early period of life and before he was called to the Bar, to Miss Charlotte Dickinson, daughter of Rivers Dickinson, esq. of St. John street, Clerkenwell, and by that lady, who died at Hampstead July 20, 1832, had issue, besides several children who died in infancy, one son, the Rev. John Sellon, who died at Albany in the state of New York, March 2, 1830, and three daughters; the eldest of whom Charlotte, remains single; the second, Maria-Ann, married Dec. 2, 1819, to John-James Halls, esq. of Great Marlborough street, has issue one son; and lastly Anne, married May 21, 1816, to the present Sir Benjamin Collins Brodie, Bart., Serjeant-Surgeon to the King, has issue two sons and one daughter.

The late Serjeant Sellon was a man of strong natural abilities, sound sense, and of a most benevolent disposition-constitutionally perhaps inclined to retirement and indolence, though soinewhat corrected by the habits of industry and regularity enforced by the discipline of a public school, as well as by the strength of his own understanding and the arduous nature of the profession in which he was subsequently engaged To the calls of ambition, however, in the strict sense of the word, he appears to have been rather insensible, and the portion of it which may have existed in his character, probably partook more of the generous spirit of emulation than of a ruling and permanent passion. In fact, he was too moderate and kind-hearted a man to feel very anxious to become a great one; and even had he been left to the bent of his own inclination for the Church, it may be doubted, in a worldly point of view, whether he would have arrived at so bigh a rank as the one be obtained in the Law. A worthy, pious, and deeply-learned divine he assuredly would have proved; but be would probably have preferred the retired life of a zealous and benevolent country clergyman before all the attractions of a mitre. His early predilection for theological pursuits appears at one period to have been partially suspended, or at least somewhat abated; but a remarkable change

took possession of his mind towards the middle of his life, when the pious aspirations of his early days revisited him with increased fervour, and unceasingly regulated his whole conduct and character, till death terminated his honourable and useful life. He studied much and became deeply versed in scriptural history, and in the works of the most celebrated divines, and has left behind him some extensive original manuscripts, which probably will be found in too incomplete a state to admit of publication.

Although his religious opinions were of a very grave and serious description, yet such was the moderation and liberality of his disposition, that he always displayed great mildness and candour when conversing with those whose sentiments on these topics differed materially from his own. It is true indeed that, throughout the greater part of life, he was occasionally subject to moments of gloom and despondency, which, though by some attributed to the decided nature of his religious sentiments, may be more justly ascribed to a species of constitutional infirmity; as there is no doubt that the views he entertained, on these subjects, formed his sole hope and consolation amid the severe trials and bereavements it was too often his lot to sustain; yet when the clouds of melancholy were dispersed, he was wont to exhibit great cheerfulness and a very rich vein of original humour. Indeed at one period of his life he associated a good deal with the lively characters and wits of the day; but society of this description could not long attract his reflecting mind, and he soon steadily withdrew from these fascinating scenes, to that privacy and seclusion which formed the natural element of his character. In spite, however, of his love of ease and retirement, it must be admitted that, in most other respects, he was gifted with qualities which fully justified his being brought up to the legal profession: strong intellect, great sagacity, a clear and discriminating judgment, united to the strictest integrity and embellished by candour and humanity; all these rare endowments were, in his instance, so beautifully mingled, that the most brilliant result might have been justly anticipated. But these flattering prospects were not to be realized; the infirmity by which he was attacked placed a formidable barrier in the way of his advancement, and, perhaps unknown almost to himself, furnished him with a plausible pretext for the somewhat premature relinquishment of a profession to which his inclination had never been warmly devoted. Although he had in general borne the appearance of a bale

and robust man, he had nevertheless, to those who knew him intimately, been evidently on the decline for the last year or two previously to his decease. He was frequently subject to attacks of giddiness and fulness in the head, and though these unpleasant symptoms commonly yielded to bleeding, yet they gradually became more violent and frequent: for some time, however, they excited no immediate alarm among his friends and relatives, till about four months after his resignation of the magistracy, when he was suddenly seized by a paralytic affection, which greatly impaired his intellects and nearly deprived him of the use of one side. The prompt and decisive measures adopted by his mecal advisers for a time warded off the blow, though both his bodily and mental faculties remained in a very precarious state. In the meanwhile it was thought that the air of Brighton might prove of service to him, and he accordingly spent some weeks at that place, though without receiving any material benefit, when he returned to his house at Hampstead. Soon after his arrival there a blood vessel ruptured in the stomach, which dreadfully reduced his strength; but from this state he once more rallied, and hopes were again entertained of his getting over the attack, as on the very day of his departure he had been amusing himself with his grandchildren, appeared in excellent spirits, and much clearer in intellect than usual; but these flattering symptoms proved only the precursors of his death. In the evening of the above day, the 19th of August, 1835, he was seized with fainting and a terrible sickness, and was with difficulty conveyed to his chamber-a blood vessel had again ruptured and all hope was now at an end. At ten o'clock the fatal sickness returned with increased violence, and in about two hours afterwards, in the presence of his three daughters and of Sir Benjamin Brodie, this excellent man and sincere Christian resigned himself with calmness and composure into the hands of his Creator, in the full confidence of a blessed resurrection through the merits of his Saviour.

Some days previously to his death, when his family was assembled around him, and he was thought to be in imminent danger, he addressed some of the elder branches of it, with much eloquence and pathos, upon religious topics. His grandchildren were then led to his bedside, when he took a final and affectionate leave of themexhorted them to a perseverance in the paths of virtue and of piety, and, as they successively bowed their heads upon his pillow, pronounced his blessing upon each. May that blessing dwell upon their youth

ful heads! May it hover round them in the hour of temptation and of danger; and may the Almighty, at his good pleasure, finally conduct them to that haven of rest where they may eternally repose in the "bosom of their Father and their God!"

HUMPHREY OSBALDESTON, Esq.

Sept. 20. Aged 92, Humphrey Osbaldeston, esq. of Gateforth House, near Selby, and of Hunmanby, near Scarborough.

The paternal name of this venerable gentleman was Brookes. His great-grandfather, Sir Richard Osbaldeston, of Hunmanby, Knt. who died in 1728, was grandson of Sir Richard Osbaldeston, Attorney-general in Ireland, and descended from the Osbaldestons of Osbaldeston in Lancashire. He had five sons: four of whom lived to be old men, but all died without issue. The second was Richard Osbaldeston, D.D. Lord Bishop of London.

The eldest, William Osbaldeston, esq. M.P. for Scarborough, died in 1765, aged 79; and was succeeded in his estates by the fourth son, Fountayne Wentworth Osbaldeston, esq. then the only surviving brother. He also was M. P. for Scarborough; and, dying in 1770, left his estates between the grandsons of his two sisters: Humphrey, son of Brookes, of Brayton, co. York, esq. by Anne, daughter and heiress of Robert Pockley, esq. of Brayton, and Theodosia Osbaldeston; and George, son of John Wickens, D.D. Rector of Petworth in Sussex, by Philadelphia, daughter of Robert Mitford, of Mitford castle, Northumberland, esq. and Mary Osbaldeston. Both these gentlemen took the name of Osbaldeston, in July 1770; and the present George Osbaldeston, esq. who was Sheriff of Yorkshire in 1829, and has acquired so much notoriety in the sporting world, is the son and heir of the latter.

Humphrey Osbaldeston, esq. the gentleman now deceased, served as Sheriff of Yorkshire in 1781. He was a very worthy man, with some peculiarities and eccentricities of character. As a landlord, he was greatly respected, for it was generally a point with him to make his tenants live. He was a firm friend to the Church of England; and as strongly illustrative of the depth and solidity of his piety, it may be mentioned, that when he became too old and infirm to walk from Gateforth on the Sabbath, to the parish church at Brayton, he could not reconcile it to his conscience to put his horses into the carriage, and ride; as he thought that employing his horses on the Sunday, was breaking one command

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