IThe debate upon the quejiion, Whether Adm.

Transcription

1 j The Scots M agazine. M A R C H, P r o c e e d i n g s of the Political Club> continued from p. 66. IThe debate upon the quejiion, Whether Adm. Matthews s namefòould be left out o f the addrefs relating to the tria l o f officers con- blick affedlions; therefore every wife man will avoid, if poflible, raifing luch a contention either in his own breaft, or in that I I cerned in the n a val engagement o jf Toa- Jon? continued. of any other m an; efpecially in a cafe where his country may fuffer by the iftue o f the combat. I The fpeech o f C. Marcius Coriolanus, in [ the charasler o f Thomas Carew, Efq\ who /poke next. Mr Prejtden t, Ince we are to addrefs for trials by a court-martial, and fince this is all we feem inclined to do at prefent, I can fee no good reafon why we Ihould not recommend the Admiral as For this reafon, Sir, I hope we fhall proceed a little farther than the addrefs now propofed: I hope, that as foon as this addrefs is agreed to, fome Gentleman will rife up, and move for an humble addrefs to his Majefty, that he would be graciouflv pleafed to inform the houfe, who it was that advifed him to join thofe two Gentlemen in the command of our well as the Vice-Admiral to that favour ; fquadron in the Mediterranean. Without for I muft confefs, that the condutt of any derogation to the capacity of the A d both ftill feems to me to be a little fufpi- miral, I may fay, that his Majefty had fe- cious. I (hall not aflert, but I very much veral other Admirals equally capable of fufped, that both of them facrificed in forae refpeft the honour and intereft of their country to their refentment againft each other; and as the mutual animofity they bore to each other was well known to our minifters, as well as many others, before the Admiral was fent to command our fquadron in the Mediterranean, every judicious man apprehended what has fince happened, when he heard that thofe two Admirals were joined in the fame command. It was then faid, that either [he commanding that fquadron ; and, without derogating in the leaft from the character of the Vice-Admiral, I may fay, that his Majefty had feveral other Vice-Admirals equally fit to be employed as Vice-Admiral of that fquadron : therefore our minifters (hould have advifed his Majefty to give the command to fuch Admirals as had always lived in.friendfhip together, and confequently fuch as might put a confidence in one another s conduft and advice ; at leafl they fhould have advifed him one ought not to have been fent out, or the other ought to have been called home; becaufe it was publickly known, that they not to join in fuch an important command, two Gentlemen, who were known to be in no degree of friendfhip : and this bore no good-will to one another. I fhall they ftiould have been the more careful of doing, becaufe their country has often fuf* fered by the jealoufies and animofities of its chief commanders. I do not in the leaft queftion the conduct or courage of either of thefe Gentlemen ; I am perfuaded, they would both grant, Sir* that in fuch cafes all perfonal animofities ought to be fufpended, and that men who are employed together in the ferviceof their country, ought to join heartily and fincerely in every thing that may tend to their mutual fuccefs, whatever private piques they may have againft have done honour to their country, had one another: but we are all fenfible of the prevalence of private paflions, and how apt they are to get the better of our pu- they been employed in feparate commands: but, Sir, confidering human weaknefs, it was not to be fuppofed, that they would V ql.viii. O att

2 102 Proceedings of the P o l i t i c a l C l u b, March *% adtcordially together ; and therefore thofe who advifed his Majeity to employ them in the lame command, were in my opinion, the original authors of the difap- I do not know ; but I think it was the proper province of the Admiralty board, or at lead of the Firlt Lord Comniiffioner of that board: and if it fhould appear, pointment we have met with. Who thefe that he advifed his Majefty to appoint an authors were, is what we ought to inquire into ; and this inquiry is, I think, more necefl'ary, and more becoming the dignity of this houfe, than the inquiry we have been fo long employed about, and are now like to make fo little of. When I fay Admiral and a Vice-Admiral tor that fquadron, who he knew were not upon good terms together; or even if it fhould appear, that he negle&ed to inform his Majefty of the animofity that fubfifted between them, and of the bad confequences this, I hope it will not be fuppofed, that I think the inquiry we have made either unneceitary, or unbecoming our dignity. It is often neceflary to inquire into the that might from thence enfue; Imuftfay, that in the former cafe it was a breach, and in the latter a negleft of his duty, for which he deferves at leaft the cenlureof conduct of the a&ors, in order to come at this houfe. But if it fhould appear, that the advifers; and by an inquiry into the management of thole who condudled an unfuccefsful enterprize, we may find out, that the misfortune proceeded from the he faithfully performed his duty, and that his Majefty was prevailed on, by the advice of fome other minifter, either to fend out the Admiral, or not to call home the weaknefs, perhaps the wickednefs, of thofe Vice Admiral; that other minifter, be who were the advifers. who he will, deferves fomethin^ more A previous inquiry into the condutt of the a&ors is therefore often neceffary ; but furely we ought not to flop there, when wedifcover than cenfure ; becaufe it is impoflibleto fuppofe, that in giving fuch advice he that the ill fuccefs of the a&ors proceeded had a due regard to the fer vice of his country. He mull have had a greater regard from fome fault in thofe who were the to fome by-end of his own ; which this advifers. We may fometimes find it ne- houfe will, I hope, be able to difcover: and when that is difcovered, wemaythtu determine what punifhment ought to be inflidled ; for the crime may be aggravated to a very high degree by the motive that induced its being committed. ceffary to inquire into the condudt, and punifh the crimes of thofe who are the underlings in power; efpecially when we find, that a flop has been, or may probably be put to the common channels of national juftice. But this is not fo properly the game at which we are to fly. Our This, Sir, I thought proper to mention, becaufe I hope it will put an end to chief bufinefs in this houfe is, to keep a the prefent debate. The trying of one watchful eye over thofe who, under our fovereign, are the firft fprings of our government, and to make an inquiry into or of both Admirals by a court-martial,is a matter of very great indifference to mej their conduft, as often as we find the leaft and ought, I think, to be fo to every Gentleman in this hòufe. They have been Teafon to fufpefl, that they have been both accufed of mifcondufl: if both be1 I prompted by fome private view, to do or guilty, they ought both to be tried and advife any thing that was inconliflent with, or of dangerous confequence to the publick welfare. This, I lay, is cur chief bufinefs; this is our duty : and this duty we are the more obliged to perform, when it appears, that our country has fuf- fered, or is like to fuffer feverely by the mifcondutt or the bad advice given by our minifters. W h o they were, Sir, that advifed his M ajefty as to the appointment of the A d mirals for the Mediterranean fquadron, punifhed ; and if either be innocent, it will be an advantage to his charaflerto have a fair trial before thofe who are the moft competent judges of his conduft. I therefore hope, Gentlemen will give over contending about who fhall, or who fhall not be recommended to be tried; that the queftion may be put upon the addrefsas it now ftands, and that we may come as foon as poflible to the queltion I have mentioned. Whether it may be a que- Ition proper to be confidered of in th«committee, *

3 March Proceedings of / ^ P o lit ic a l ClubT 103 m ^ A A A A.» è 4 4» V V committee, 1 fliall not determine; but I pinion, that if we recommend one, 4 we am fure it is a queftion that deferves our confideration: and if it be thought improper for us in this committee, I hope fome Gentleman more able than I am to inforce itf will rife up and move for fuch an inquiry, as foon as our refolutions in this committee are reported, and agreed to by the houfe. ought to recommend both to be tried by a court martial; but I cannot j >in with the Hon. Gentleman in thinking, that this addrefs ought to be followed by another, to defire, that his Majefty would be gracioufly pleafed to inform us, who it was that advifed him to fend out the Admiral, or not to call the Vice Admiral home. be fpeech c/ Servilius Piifcus, in the cha- rader o f Henry Pelham, Efq; M r Prejidentt Upon the leaft reflexion, Sir, I believe every Gentleman mull be convinced, that fuch a motion would be very improper in IShall join in opinion with the Hon. this committee ; becauie we have hitherto inquired into nothing but the cor.du t Gentleman who fpoke laft, that it is of very little importance whether we ad- and behaviour of the commanders and of- ficers of cur fquadron in the Mediterranean ; confequently, from any thing we have yet heard or inquired into, there can be no foundation for fuch an extraordinary motion in this committee : and tnerefore I fliould not give you the trouble at prefent of hearing my obje&ions aga.nft it, if it were not, that the bare mention of fuch a motion may have a bad effect upon themindsof fome Gentlemen; which, as one of his Majelly s iervants, I think myfelf obliged to endeavour to prevent. For this reafon, Sir, I hope you will give me leave to offer my reafons why no fuch motion ought to be made, much lefs a- drefsfor having one or both Admirals tried by a court-martial; for fuppofing we addreffed for neither, his Majeliy would certainly order both to be tried, if he thought their conduct any way fufpicious. Therefore, if we had concluded this inquiry without coming to any refolution, I do not think the publick could thereby have been any way a fufferer ; but as we have fpent fo much time in an inquiry, which from the beginning I forefaw and foretold [M ag. 1745, p- 265.] would be fruitlefs, it feems neceffary to do fomething; and for this leafon I did not oppofe the refolutions you have already agreed to, nor (hall I oppofe the addrefs now moved for. This greed to, either upon the report, or upon however I muft fay, that if we addrefs for having one Admiral tried by a courtmartial, we ought in juftice to addrefs for having both tried ; becaufe there are as itrong obje&ions made to the conduct of any other occafion. In the firlt place, Sir, it would be a moft enormous incroachment upon one of the chief and mod necefl'ary prerogative? o f the crown, which is the power his Maje- the one as the other. The Admiral did fly has to appoint fuch officers as he fight, tis true, and the Vice Admiral did thinks fit, to command his armaments Dot; but Tthink it is far from being clear, both by fea and land. Shculd this houfe whether the latter s not fighting was owing to an error in his own, or in his Admiral s conduct; and it is plain, that the Vice Admiral would have fought upon the fecond day after the battle, and would have brought the enemy to a fecond engagement, or would have made the victory obtained in the firft much more compleat, by obliging them to defert all their crippled (hips, if he had not been prevented by the Admiral s exprefs and repeated once begin to find fault with any fuch appointment, or to cenlure thofe that advifed it, the next ftep would in courfe be, our taking upon us to recommend, or, more properly, to prefcribe, what General the King fhould appoint to command his armies, and what Admiral he fhould appoint to command his fquadrons: the dangerous contequence of which muft be manifeft ; for, in fuch a cafe, a popular General or Admiral might get himfelf orders for giving over chace. For this reafon, Sir, T muft likewife join with the Hon. Gentleman who fpoke lafl, in 0- placed at the head of our army or navy, whether the King would or no ; and what ufe iuch a General or Admi/al might O 5 T? wiako

4 104 Proceedings o f the P o l i t i c a l Club. March 1746, ft A A A è «^ A 4 A. make of our army or navy, is certainly to it to have been done by him without the advice or recommendation of any mioifter be apprehended, iho it cannot be certainly foretold. or counfellor whatever. Soppofe then W e fhould therefore, Sir, be extremely cautious of making a precedent for this houfe to incroach upon that prerogative of the crown, by which the King is enabled to appoint what Generals or Admirals he thinks moil proper for the command of his armies or fquadrons; for, a precedent being once made, efpecially a fuch addrefs agreed to, and prefented to his Majefty, what other anfwer could we expert, than that his Majefty had, without any advice, appointed the Admiral and Vice-Admiral of this fquadron, becaufe he knew both the Gentlemen, and from his own knowledge was convinced that both of them were properly qualified bad one, it is eafy to improve it. The for the commands he had refpettively in* trufted them with? This, I fay, ij the confequence of the precedent now mentioned, might very probably be, our taking upon us to recommend what Generals or Admirals the King fhould employ, and to recommend them in fuch a manner, as that the King muft either appoint the G e neral and Admiral fo recommended, or expedt no money, either to raife an army or to fit out a fquadron ; and the natural confequence of this would be, that inftead o f a legal government, and a rightful King, the nation would foon again be faddled, as it was once already, with a only anfwer we could expeft: and upoa j this anfwer could we proceed to cenfure or punifh any one of our minifters? I muft therefore conclude, Sir, that fuch an addrefs would not only be of dangerooj confequence, but of no fignification with refpeft to the end propofed; confequent* ly, no fuch addrefs ought to be agreed to, even tho* we had a folid foundation for finding fault with the choice his Majefty made of an Admiral and Vice Admiral to command his fquadron in the Mediter- military government and a tyrannical ranean. But, Sir, fo far as I have yet Proteflor. heard, we have not the leaft reafon to But, Sir, the addrefs which the Hon. find fault with this choice. It has been of all fides granted, that both the Gentle* Gentleman has been pleafed to recommend, would be fomething more than an men were properly qualified. The only incroachment upon the prerogative of the crown : in my opinion, it would be a per- reafon afligned, is a fuppofed previous a* nimofity or grudge between thefe two fonal affront to our prefent fovereign. As Gentlemen. But have we heard any to the inferior officers of the army or navy, proof of this in the whole courfe of the the King may without any affront, be fup- evidence? I fhall grant, that the Admi- pofed to follow the advice of fome of his minifters, with refpeft to their preferment; becaufe he cannot be fuppofed to be perfonally acquainted with many of them, or to know the qualifications or merit of the refpeèìive candidates: but as to the chief commanders both of our army and ral, from the time.of his firft arrival in the Mediterranean, did not treat his Vice- Admiral in fo friendly a manner as might have been expected ; but it has been pro* ved, that, during the whole time of their continuance together, the Vice Admiral behaved with the utmoft decency and re- navy, the King muft be fuppofed to know fpett towards the Admiral. Therefore, them perfectly; and therefore it would be an affront to our fovereign to fupp'ofe, that with refpett to the appointment o f a- ny Generals or Admirals, he blindiy followed the advice of any minifter: yet this is what we muft fuppofe, before we can agree to fuch #n addrefs as the Hon. Gentleman has been pleafed to mention ; for furely no man would prcpofe to addrefs the King, to know by whofe advice?ny thing had been done, if he fuppofed if there was any old grudge, it feems to have been of one fide only; or, that o- therwife the Vice-Admiral was willing to have facrificed it to the fervice of his Country. But, Sir, we have had no proof that there was any jold grudge of either fide: and fuppofe we had, it could be no reafon for our inquiring into the conduft of our minifters, with refpeft to the choice his Majefty made of thefe two Gentlemen 19

5 March1746. Proceedings o f the P o l 1t 1c a l C lu b i ^ «% %»» ««j *»to command his fquadron, unlefs it had without doors;,and yet every one of us been proved, that, previous to that choice, our minillers were informed of the bad ) terms on which thefe two Gentlemen within doors muft fee, that it is impofli- ble for us, with anyjuitice, to proceed farther than we have done in this affair. flood with one another. Have we had The event would be the fame, fhould we the lealt pmof, have we heard the lead i infinnation, that our minilters had any i fucli previous information? It has indeed I been faid, tf>at it was publickly known, that the Admiral and Vice-Admiral were upon no good terms: but if this were granted, it is no proof of its having been I known to our minifters; for a faft may be I publickly known among the inferior fort of people, and yet may never come to the knowledge of thofe who are in the high ftations of life. This therefore can be i ; no good foundation for our inquiring into the conduit of our minifters ; nor can we from thence fuppofe, that any of them have been guilty either of a negleit or a. breach of duty. And there is nothing we order another inquiry into the conduct of our minifters, in relation to the appointing of thefe two Gentlemen to command his Majefty s fquadron in the Mediterra* nean : for fuppofing it fully proved, that our minifters had a previous information of the animofxty, gfudge, or pique, fublifting between them, I do not fee how we could proceed even to cenfure any o f our minifters, fhould his Majelty give us fuch an anfwer as I have mentioned, and (hewn to be the only anfwer we can expert. An inquiry into the conduft o f minifters, efpecially when any misfortune or difappointment has happened to the nation, is, I know, Sir, a favourable topick A fhould more carefully avoid, than that of both within doors and without. W e are fetting up inquiries when no crime has k been committed, or when there is not at [ lealt a probability of our being able to make a full and ample difcovery: for when a parliamentary inquiry is fet on foot, the people without doors fuppofe, that fome heinous crime has been committed, and [ expett to fee the criminals condignly pu- at all times but too apt to give ear to a- ny propolition of this kind ; but the reafons I have given, will, I hope, put a ftop to any motion, either now or hereafter, for fuch an inquiry as the Hon.Gentleman has been pleafed to mention; and if any fuch motion fhould be made, I hope fuch additional reafons will then be offered, as rifhed. This they expeft from all par- may prevent its meeting with any favourable reception from this affembly. Inentary inquiries; this they have reafon to expeft: and when they find them- felves difappointed, they are apt to draw conclufions no way favourable to the charafler of this aflembly. For the fake therefore of preferving our! dignity, and our authority among the peo-! pie without doors, we fhould take care! not to raife the expectations of the people, by fetting on foot a parliamentary inquiry, unlefs we have good reafon to believe, that we (hall be able to detedl the publick criminals, and to bring them to condign punifhment ; and the inquiry we are now about to conclude, ought to be a warning The fpeech o /C. Hoftilius Tcrbulus, in the character o f Mr Alderman Heathcote, the I aft publifhed o f this debate. M r Prejident, With regard to the queftion now properly before us, I fhall content my* felf with giving my opinion in the mof common way, by a fingle monofyllable ; but with regard to the queftion which my Hon. friend has ftarted upon this occafion, the Hon. Gentleman who fpoke laft has, I think, made it neceffary for me to give my opinion in a more extenfive and explicit to us, not to intermeddle in an affair we manner. cannot comprehend, or in any one that from the nature of things appears to be beyond our reach : for no Gentleman, I believe, fuppofes, that the refolutions we have come to, or the addrefs now proposed, can give fatisfa&ion to the people When I fay this, every Gentleman will fuppofe, I mean the queftion for addrefling his Majeity to know, who it was that advifed him to employ two Gentlemen, as Admiral and Vice-Admiral of his Mediterranean fquadron, who had fuch an antipathy to one another, that no cordial

6 106 Proceedings of the P o l i t i c a l C lu b. Marchi746. dial union, even for the publick fervice, could well be expedled between them. This, I fay, Sir, we have a right to know; no minifter, nor all the reft of the minifters together, could have compelled them this we ought to infill on ; becaufe, I to make out commiffions to improper perfons. Such an anfvver therefore from his am convinced, it was the caufe of the whole mifcondufl both in the engagement off Toulon, and in what happened after Majefty could not put a ftop to ourinqui. ry : on the contrary, it might, and indeed ought to irritate our proceedings againft that engagement. But fuppofe no mif- the Commiffioners of the Admiralty, who fortune had happened in confequence of that choice of Admirals, will any one fay, by fuch an anfwer would become the pro* per and the only objefts of our refent- it was a good choice? Could any thing ment. But I have reafon to think, that but neceffity excufe fuch a choice? and can it be faid, that his Majefty was under any neceffity, when he had fo many Ad- spirals and Vice-Admirals equally fit for the command? Sir, it was a moft unnecessary and a moft imprudent choice: and one of the chief excellencies of our confti- tution is, that if our fovereign does any thing amifs, the blame muft lie at the door of fome of his minifters or under agents j who may be called to account, and pu- niftied for it, by an inquiry or profecution in parliament. No Gentleman who underftands, and * no minifter could have influence enough upon his Majefty, to prevail with himto return fuch an anfwer; becaufe I am perfuaded that his Majefty never refolves up. on any thing of fuch importance without, firft confulting with his minifters; and I am very fure that no minifter ever did, nor can ever prevail upon him to diftemble, much lefs to make fuch an anfwer ai is not ftri&ly true. We may therefore expeft from his Majefty a true information; and it is far from being an affront to fuppofe, that he appoints even a chief commander by the advice of his council, or by the advice of properly confiders the nature of our happy conftitution, can pretend to fay, that his Admiralty-board. His Majefty may his Majefty can do any thing, or iffue any orders, inftruttions or commiffion, without the concurrence of fome of his mini- Iters. If he fhould, thofe that obeyed fuch orders or inftrudlions, or accepted of fuch be perfonally acquainted with all his faperior officers both by fea and land; but he cannot be fuppofed to be acquainted with all thofe circumftances of their life and converfation, which are receffary for commiffion, would be anfwerable to, and forming a right judgment. For example, might be punifhed by parliament for what may we not fuppofe, that his Majeity they did. In the prefent cafe, fuppofe his knew nothing of the antipathy that fub* Majefty fhould return fuch an anfwer to our addrefs, as the Hon. Gentleman has faid to be the only anfwer we can expett ; fuppofe his Majefty in his anfwer fhould fay, that he had made this choice of an Admiral and Vice-Admiral without the advice of any minifter: could this put a Hop to our inquiry? No, Sir. W e know, that both the Admiral s and the Vice- Admiral s commiffion, as well as inftrutìions, muft be made out at the Admiraltyboard ; and if commiffions be granted to improper perfons, the Commiffioners of that board are anfwerable to this houfe, and muft bear the blame, unlefs they can ijx it upon the back of fome other mini- filled between the two Gentlemen he had made choice of for commanding his Mediterranean fquadron? Is not fuch a fup» pofition highly probable * Would it not then have been right in his Majefty to have taken the advice of his miniilers, be- % fore he proceeded to fuch a choice? And can it be looked on as an affront to our fovereign, to fuppofe that he did what was right? But fuppofe he had proceeded to this choice, without any advice, and without knowing any thing of this circum- ftance relating to the two Gentlemen he had honoured with his choice, it was the duty of the Admiralty.board to inform him, and it was their bufinefs to know the iler or minifters. If they did fo, it might fadl. If they failed in their duty, or were plead an alleviation of their puniihment; tu t not an abfoluce indemnity; becaufe ignorant of what it was their bufinefs to know, they deferve to be cenfured; and it

7 !March Proceedings of the P o l i t i c a l C l u b. 107 it 19our duty to take care, they may meet with what they deferve, that it may be a warning to others, to be more diligent in performing their duty, as well as in qualifying themfelves properly for the performance of their duty. When we come to inquire into this affair, the Commiffioners of the Admiralty may perhaps be able to (hew, that they informed his Majefty of this circumftance relating to the two Gentlemen he had made choice of, and that they properly leprefented the dangerous confequences of employing them in the fame command ; but that ic was carried againft their advice by the weight of forne other advifers, appointing all commanders both by fea and land; and while proper perfons are employed, the parliament has no right to intermeddle: but when improper perfons are appointed, and the publick has fuffered, or is like to fuiffer, the parliament has a right to interpofe ; and not only to remove the worthlefs perfons fo appointed, but to punifh thofe who advifed the appointing of fuch. But, fays the Hon.Gen** tleman, if we once begin to inquire into-, and punifh thofe who advifed the appointing of any General or Admiral, we (hall of courfe foon begin to affume to ourfelves the power of appointing Generals and Admirals. I wilh the Hon. Gentleman whom they may be able to point out to would reconfider this argument: if he does, he will find it to be in fhort thus: us, if it could be fuppofed that his Majefty Ihould refufe to name them. This I If we do what we have a right to do, we {hall grant, Sir, would in a great meafure excufe the Commiffioners o f the Admiralty; but it would very much aggravate the guilt of thofe who, notwithftanding fuch information, had advifed his Majefty to fhall of courfe foon begin to do what we have no right to do. This may be Iogick among minifters of ftate; but I am fure it would not be allowed to pafs for fuch among the under graduates of any of our univerfities. By this method of arguing. make fuch a choice. By an inquiry therefore into this affair, we can hardly mifs Sir, we fhould put an end to one o f the of laying the blame at the right door. It chief ufes of parliaments; which is, to muft lie at the door of the Commiffioners of our Admiralty, unlefs they can remove it to the door of fome other advifers; and take care that none of the prerogatives of the crown, which were all deligned for confidering the fatal confequence that has the fafety of the people, (hall ever be turned towards their deftruftion. But how- enfued from this imprudent choice, we are, in duty to our country, obliged to find out and punifh the advifers. I am not at all furprifed, Sir, to hear the prerogatives of the crown trumpt up as a bar to any inquiry ; for they have always been fet up by minifters againft e- very inquiry or profecution that was ever propofed in parliament: but this can never be of any weight with thofe who can properly diftinguifh between the prerogatives of the crown, and the privileges ever much this method of arguing may prevail among minifters of ftate, I hope it will never be admitted by this aflembly. Here I hope the ancient maxim of our conftitution will always prevail, That the King has many prerogatives to do good, but not fo much as one to do evil. Now, Sir, with regard to the foundation or the reafons we may have for pre* fenting fuch an addrefs as my Hon. friend was pleafed to mention : I fhall grant, we have no direft proof, that there was any cf parliament. T he prerogatives of the animofity or antipathy fubfifting between crown, Sir, were all eftablifhed by our conftitution for the publick good ; and when they are properly made ufe of, the parliament has nothing to do with them; but when they are made a wicked or an imprudent ufe of, the parliament has then a right to interpofe, and to punifh thofe who advifed the King to make fuch an the two Gentlemen, when his Majefty made choice of them to command his fquadron in the Mediterranean ; but the faft was as that time notorioufly known, and publickly talked o f ; and if we (hould enter into an inquiry, we may very probably find not only a proof of the faft, but that it was known to almoft all our mi ufe of his prerogative. Thus the King nifters. This of its having been publick has by his prerogative the foie power of ly talked of, is a fufiicient foundation for

8 lo$ * Proceedings o f the Politica l C lub. March 1746, an inquiry; and what was then talked of, have been ignorant of what it was theii i bufinefs to know. Confequently, inthiii feems to have been confirmed by the behaviour of the two Gentlemen towards cne another, as foon as they met, and during the whole time of their continuance inquiry we have no realon to apprehend I our not being able to anfwer the juilex*! pe&ations of the people without doors;! together, in the Mediterranean. The becaufe the blame mutt fall upon the Lord) j Vice-Admiral, by what appears, feems of the Admiralty, if they cannot remove j it from themfelves, by charging it onfomc I of our other minifters. I indeed to have been the moil artful; becaufe, in all points of ceremony, he behaved with an outward fhew of refpedt. But this fort of behaviour often ferves as a cloak for a heart full of malice and revenge : and if it fhould appear, that he ought to have clofed the line before bringing to, the night before the engagement, or that he could have come up next day time enough to have had a (hare in the engagement, I ftiall fuppofe, that he fecretly refolved to endeavour, as much as he could with any fafcty to himfelf, to make the Admiral lofe either his chara But the truth, I believe, is, Sir, and will I perhaps appear to be, that, as we have it prefent two fets of minifters, verydiftinft from one another, and often contending which (hall appear to have the greatell influence in the cabinet, the Admiral was recommended by one fet, and the other fet, in order to preferve their credit with their party, infifted up^n their friend the I Vice-Admiral s being continued in com* mand ; tbo* they could not but fee, if they can ever fee any thing, that the pu< cter or his life. On the other hand, if it blick fervice might fuffer by fuch an ill* I fhould appear, that our fquadron might judged and unnatural conjunction. If j have come up with the enemy, the fecond day after the engagement, I fhall be very apt to fuppofe, that the Admiral called this tliould appear to be the cafe, the by* 1 end of thofe who advifed the continuance of the Vice Admiral in that command I will be manifeft. Without any further the Vice Admiral cff the chace, to prevent his gaining the honour of forcing the enemy to a new engagement* or obliging them todefert their crippled fhips. Then, Sir, as to the knowledge our minifters might have of the terms on which thefe two Gentlemen flood with refpedt to one another, I (hall admit, that we have no direft proof of their knowledge: but as the faft was notorioufly known and proof we muft conclude, that they facrifi* * ced the publick fervice to the prefervation of their credit with their party; and that for this purpofe they went out of their proper province, which is an aggravation of their crime ; for it is the proper province of the Admiralty-board to advife his Majefty with regard to the placing, difplacing, or ftationing all the Admirals publickly talked of at the time, we have and officers of the navy. If any bad a ftrong prefumption that they were not ignorant of i t ; and a ftrong prefumption of guilt has always been held to be a fufficient foundation for an inquiry. But with refpeft to the Lords Commiffioners of the Admiralty, we have fome- choice be made, they are anfwerable for i t ; and if it ihould appear, that they ad* vifed againft the choice that was made, and duly reprefented the dangerous confequences of making fuch a choice, it will be a farther addition to the guilt of thofe thing more. As I have fàid before, it who for their own by-ends advifed it. was their bufinefs to know this fatt: the duty of their office requires, that they fhould inform themfelves very minutely, of every thing that relates to the character or cicumftances of any officer they are to recommend to a high command in the. From hence, Sir, we rouft fee the neceflity of our making fuch an inquiry as my Hon. friend has mentioned, if we are relolved to perform the duty we owe both to our King and country; and that inquiry muft be begun by a motion for fuch an navy. With regard to them, therefore, addrefs as he has propofed. Whether it we have not only a foundation for an inquiry, but already a!molt a full proof, that they have either failed in their duty, or be proper in this committee to refolve up* on the making of fuch a motion, is another queftion i but it is a qucftion that, in

9 I A I March Proceedings -o f the P o l i t i c o l C lu b. 109 [in my opinion, can admit of no difpute. ;What was this committee appointed for? ILook on the order for this purpofe: is it fpeft to one another, they fhould have joined cordially and fincerely together in fighting and deftroying the enemies of Inot in thefe words, That it be referred to a their country. If they had done -fo, it committee, to inquire into the caufe o f the mi[carriage o f his Majefty s fleet in the asii- on laft year near Toulon, in the Mediterranean, againft the combineà fleets o f France might have been a cover for thofe who had advifed employing them in the fame command ; but it could never have juftified the choice : and, now that choice has and Spain P [Mag. 1745, p. 95 ] If any produced fuch fatal eff.fts, we are bound [onethinks I have not repeated the words to inquire into the advifers; I hope we faithfully, I fhall defire the order to be read at your table.-----as thefe are admit fhall be able to bring them to condign punifhment, whatever methods they may ted to be the words of the order, is it not plain, that if we think, the caufe of this take to throne. fhelter themfelves behind the, mifcarriage was ultimately owing to his I Majefty s making choice of two Admirals for the command of that fquadron, who had a contempt and an averiion for one another: I fay, if this be our opinion, is it not plain, that in this committee we have not only a power, but we ought to refolve, that this choice was the ultimate The jubjiance o f feveral fpeeches made, on the 30th o f April 1745, in the debate upon the motion relating to the proceedings {o f the court-martial held on Capt. Richard Norris. The fpeech o f A. Cornelius Ccflus, in tht character o f Velters Cornwall, Efq\ caufe of the mifcarriage? And, confe- Mr Prefident, quently, we have a power, and ought to direft our chairman to move the houfe for fuch an addrefs as my Hon. friend has been pleafed to propofe. I therefore hope, Sir, that nothing that has been faid by the Hon. Gentleman who fpoke laft, will prejudice any member of this houfe againft fuch a motion, or make any one think, that it is improper for this committee to direft our chairman to make 1C a n n o t but obferve, Sir, that you yourfelf, and many Gentlemen near me, feem in a manner to call me up* after what happened the latter end of the laft week on this occafion, when I offered you a queftion, which I had framed in the beft manner I was able, from the depofitions and minutes fent us out of the Mediterranean, of Capt. Norris s tria!, which the committee then read, and of fuch a motion. I think indeed we fhould which the houfe has appointed this day to firft refolve, that his Majefty s making choice of two fuch Admirals was the ultimate caufe, or one of the chief caufes of the mifcarriage of his fleet in that aftion. To fuch a refolution I fhall moft heartily give my affent; becaufe I am fully convinced, that if there had been any fort of harmony between our Admiral and Vice- Admiral, we fhould that day have obtained a moft compleat viftory: nay, I am perfuaded, we Ihould have almoft totally deftroyed both the French and Spanifh fqùadrons; for as the wind then flood, they had no port of fafety to retreat to, confide r. And indeed I fhould otherwife have thought it my duty to fay fomething at prefent, (his Majefty beirg in hafte to prorogue us, and to vifit his German dominions), that I might take a proper leave of this inquiry, of which I happened to be one of the firft parents: and tho* I well remember, that on the original motion for the houfe to refolve itfelf into a committe on the fight off Toulon, fome Gentlemen debated point-black a- gainft it, others were for a previous queilion, and others defired me to withdraw within lefs than two days fail. it; yet it worked its own way thro* the Our coming to fuqh a refolution can be no excufe for either of the Admirals, if it fhould appear, that either of them was guilty of any breach or negleft of duty ; becaufe houfe, after the manner that fame is described to do ; motion ma^e it flourifh s and the farther it went, ihe ftronger it grew : for it might otherwife have failed, whatever terms they flood on with re- V o V III. U * 4 iron) the inability of your chaiiman. P < A n d

10 n o Proceedings of the P o l i t i c a l C lu b, March1746. And it being now. Sir, grown too big to be maintained otherwife than by the Royal hand, I hope his Majefty will take it under his own care, and will by this means obtain the popularity of reltoring to us that courage and difciplire which have, in all ages but the prefent, made the fleets of this ifland the terror of its not be heard, becaufe they famed to haw prejudged the cafe; nor are the three Lieutenants o f the Effex allowed to make good their charge. I fhould obferve too, that Capt. Norris does not only govern the court as he plea* fes, and afk more than three fourths of the queftions; but brow-beats every body enemies. What mull foon be the fate of he diilikes, and afks the famequeflionsof this nation when military merit is no longer the way to military preferment? Pray, Sir, is not this verified in the cafe before us, where, after the pufillanimous behaviour of many of our commanders in that molt critical conjuncture, a courtmartial, fitting on the mock-trial (for fo I jnuft call it) of one cf the greateft cowards that this or any other country ever produced, combines, and confpires with the criminal to let him flip thro their fingers; and for no other reafon than this, that, truly, they hear his father is at the head cf the Admiralty? The Admiral who lately commanded there, and is now your member, abufes the Lieutenants of the ElTex for complaining of the cowardice of their Captain in recrimination over ten thoulard times, «w«. Was not my lhip as near the enemy as the Dorfetfhire, and others that never fought at all? & c. & c. Nor fhould I forget the great complaifance of the fuppofed profecutor on the part of the crown; which, I am told, was the Admiral s Se* cretary ; who always addrefiès himfelf to Capt. Norris, to know what he would be pleafed to have done, and takes care in hit ftyle throughout the whole, to fay, Capt. Norris and the court proceeded, or did fo and fo? And now, Sir, by way of farce, after this tragi-comedy, our pious court martial refumes the former doubt, which had been long before fent home, and overruled by the Lords of the Admiralty; and the adlion, and advifes Norris to quit. He they all fign in an opinion, that they can* does fo, and enters himfelf a voluntier. Then he defires Mr Rowley to hold a court-martial upon him, that he may clear himfelf of the afperfions that have been not try (even after they have tried him) Capt. Norris, he having no pay from, or command under the government. But, notwithrtanding all I have faid, I hope cafl upon him. Mr Rowley fends home there may be Gentlemen in the houfe who his letter to the Lords of the Admiralty, and doubts his power of trying one who may have letters from the Mediterranean, that will fet many of the members of had given up his command. They order th is court-martial in a better light; and him to be tried. Upon which a court- it has been whifpered without doors, that martial is held ; to which Mr Norris is invited rather than fummoned, and defired to accufe thofe who have afperfed him: he appears there no more like a prifoner than any member of the courtmartial ; walks in and out with his fword on ; is under no arreft ; the Lieutenants of his fhip allowed only to fend in depofitions, and not admitted to appear at the trial, which iafted eight days; and the common failors kept drunk, and fuborned to fwear falfely in favour of Norris; when the Lieutenants of the poor Marlborough came on board the fhip where the courtmartial is held, and defired by letter to be admitted to be examined, the court is unanimouily of opinion, that they ihould 1 the Admiral and three or four of the court differed with the majority : and altho I believe it is a maxim in law, That there can be no averment againft a record; yet I hope that if any Gentleman can produce fuch a letter, the committee will give him^ leave to read it as a part of his fpeech, that it may avail fomewhat towards the taking off fome of the odium from thofe who thereby endeavour to exculpate them- felves from the parliamentary cenfure which my general queftion carries along with it. My queflion, however, Sir, is at prefent warranted by the evidence on your table ; and will, I am fure, be fupported by much abler arguments than any I have troubled

11 t! troubled you with ; fo that I proceed to March1746. Proceedings o f the P o l i t i c a l C lu b. i n Cornwall: he muft expect to be facrificed : move you, cfbat the proceedings o f the court- by the cowardice of his companion? In ' martial ajjembled on board his Ma jefty s jhip Torbay, begun the 2$th o f January this aftair, therefore, I hope all party di- 1744, and ending the y k o f February f o l vifions, all minifterial evafions, will be entirely laid afide. Our lives, our liberties, lowing, purjuant to an order from the Com~ miffioners for executing the office o f Lord High Admiral o f Great B ritain, bearing date the 2$th o f November 174.4, to Vice- Adm. Rowley, for inquiring into the conduel and behaviour o f Capt. Richard Norris, in the engagement between the Englijh fleet, under the command o f Adm. Matthews, and the united fleets o f France and Spain, in the Mediterranean, on the 11 th o f February 1743, were partial, arbitrary, and illegal. and our properties, as well as the honour and glory of our country, are at itake: and the interpolation of this houfe is the more neceflary, becaufe, during the long tract of peace we have lately had, feveral young Lords, or fons of great families, have taken it into their head to become feamen, and may expect the fame partiality from a court-martial, which they fee this young Captain has met with. This houfe has, Sir, for many years *Ihe fpeech 0/Horatius Codes, in the character o f Sir John Hynd Cotton, who fpoke next. Mr P r e f dent, AS I had heard a great many repeated accounts of the infamous behaviour of this unfortunate Gentleman in the engagement off Toulon, I was for many months amazed that I never heard of his been fo much under the guidance of minifters, that we may in fome meafure be faid to have loft, by difufe, feveral of thofe powers which we are inverted with by our conftitution. Thank God! fince this parliament began, vve feem to be got a little out of our leading flings ; and therefore I hope vve fliall begin to interrupt that prefcription which might otherwife perhaps, in a fhort time be pleaded againft having been tried by a court-martial j us. Upon this occafion I muft remind and, at laft, when I heard he had been tried, and, as it was firft reported, acquitted, I began to doubt the veracity of the Gentlemen, that we have, among others, a power to infpect the proceedings of all courts of jultice; as is evident from our accounts I had before heard. But now, after having feen the proceedings of that court-martial, I am more amazed than e- grand committees eftablilhed at the beginning of every fefiion, one of which, in particular, is for our courts of juftice: for tho* ver. I am aftoniftied, that men who call this committee has for many years never themfelves Gentlemen, fhould, for the fake of gaining the favour or countenance of any great man, falfify their oaths, and join in an attempt to fcreen fuch a cowardly behaviour from that punifhment which is ufually and juftly inflicted upon it by once fat to do any bufinefs, yet the annual eftablifhment of fuch a committee is a proof that we have a right, and that we ought to infpect the proceedings of all courts of jultice; and the proceedings of this court-martial is a proof of its being our military law. It is a moft terrible now become necefiary for us to exert that difappointment and difcouragement to our brave feamen, to find themfelves under the command of a cowardly Captain; but what indignation muft they not be filled right, more punctually than we have done for many years part. Sir, I believe there was never in thi*3 world a court of juftice that proceeded ia with, what defpair mull they not be fuch an unjult and partial manner. From drove to, when they fee that Captain protected by their Admiral, and fcreened by the mock lolemnity of a court martial? If an immediate flop be not put to fuch pra&ices, we can no longer expect either glory or fafety from our navy : no brave the very day of the engagement, there feems to have been a combination among the officers of that fquadron, from the highelt to the loweft, to lcreen one another, or at leaft all but the Vice-Admiral, from the refentment of their country, for their cowardice, and neglect of duty. If man will ever enter into the fervice, becaufe he mult expect the face ol C apt. we confider how little molt of our fhips F z fuffer-

12 1 1 2 Proceedings of the P o l i t i c a 1 C l u b. March A a a a ^ ^ ^ iuttered, it is from thence evident, with Thus you fee, Sir, that the Captain obtain- I out any proof, that they did not attack the enemy with that vigour and bravery, with which, as Eoglifhmen, they ought to ed, upon the firft application, a favour, I which neither the complaints of our brave I feamen, nor the fervice of our country I have done. From this charge indeed I could obtain in many months; nor could 1 niuft exempt the Admiral, and his fecond, ever, I believe, have obtained, if the Ca- I ptain had not been encouraged to apply I the unfortunate Captain of the Marlborough ; and I am lorry I cannot exempt for it. From a court-martial fo obtain* I ed, the officer who had been fo bold as to make himfelf the accuier, could notin- I deed expeft much juitice; and their very fxrft ftep convinced him and every oneelfe, that they were aflembled, not to try, but to acquit the Captain, if poffible; for whatever may be the praftice in our Cjiijmon law court?, it was right in Lieut.jekyll, to refufe being examined as a wi(* the Admiral from the other charge, of endeavouring to fcreen fome of the Captains under his command, particularly the Captain of the Eflex, whofe condud is now under our confideration. Confidering the ftation of that fhip in the line, and the little damage fhe fuffered, it was evident, without any proof, that the Captain had avoided coming to a clofe engagement with any one of the enemy. This refs, after having made himfelf the accu- was confirmed by the general voice of almoft all the {hips of the fquadron ; and yet the Admiral never thought of doing juftice to his country, by bringing this fer, by his letter to the Admiral, coiw plaining of his Captain s cowardly behaviour. He was certainly, in common reafon, to fupport his accufation by the! Captain to a trial. At laft, a diredt charge teftimony of other witnefles, and not by his own teftimony on oath or otherwife. was laid againft him by his Second Lieutenant. But this too was overlooked by By his letter to the Admiral he had made the Admiral; tho' it had, it feems, fuch an effedi upon the Captain as to make him refign the command of his fhip : and this,. it feems, was thought a fufficient atonement for betraying his country by his cosvardice in the time of a&ion ; for no himfelf a party; confequently, it waia proper point of honour in him to refufe ; being examined upon oath: for which reafon the court fhould have admitted him as the accufer, and (hould have furniihed him with the proper powers to bring all thoughts were ever afterwards had of fuch witnefles to be examined, as he bringing him to a trial, till the Captain thought neceflary for fupporting his ac* cufation. But, inftead of this, they re* was advifed by his friends, and encouraged, I fuppofe, by the protection he met with, to apply, in the September following, for a trial, in order to remove that infamy which malice and faliliood, as he faid, had thrown upon him. The next fucceeding Admiral, being unwilling, I fuppofe, Sir, to incur any fufed to admit any one as the accufer or profecutor, but the perfon appointed by themfelves, or at leaft by the Admiral; and the confequence of this was, that no one witnefs was fummoned or examined, except fuch as voluntarily offered them* felves, or fuch as were fummoned by the private odium by condemning him, or the Captain. Nay, the court exprefsly refu* publick odium by acquitting him, made a doubt whether he could order him to be tried, as he had then no command in the fquadron, without an order from the board of Admiralty; which he at laft received on the 5th of January laft, diredling him to aflemble a court-martial, to inquire into that Captain s conduft in the engagement which had happened near a twelvemonth before: and in purfuance of this order a court-martial was aftembled for this purpofe on the 28th of the fame month. fed to allow the Gentlemen who had gi* ven evidence againft the Captain, tofum- mon any witnefles for fupporting their evidence : and what was ftill worfe, they refufed to examine the officers of the Marlborough, for no other reafon, but becaufe, in their letter defiring to be examined, they fhcwed, that their depofiti* ons would not be in favour of the Captain of the Eflex, which the court were pleafed to call prejudicing the cafe. From fuch a partial manner of proceeding!

13 March Proceedings of the P o l i t i c a l C l u b. 113 * # 1 «. * ft m 7 ing, Sir, the Gentlemen who had given e- Thus the greateft coward might, by the vidence againft rheic (Captain, could not i bat expert to hear him acquitted, and if themfeives brought under the fcandal of lj having given in a falfe and malicious accu > fation: for I am not at all furprifed, ihat i a Captain of a man of war, and the fon 1 ot a rich Admiral, fh -uld find fome peril fons on board his fhip, to contradict the evidence given againft him; efpecially as I the latter were not impowered cr allow- I ed by the court, to compel any one to be [ examined in fupport of the evidence they had given. But, luckily for the accufers, favour of his commanding officer, efcape all punifhment; and of what dangerous confequence this might be to the publick fervice, I fhall leave for Gentlemen to confider. For this reafon, Sir, if no partiality or injuftice had appeared in any other part of the proceedings of this court martial, we ought to cenfure them, in order to prevent this opinion of theirs from ever taking place, or being made ufe of as a precer dent upon any future occafion ; efpecially on fuch an occafion as this, where ; the fa& was fo generally known in the I fleet, that even this court-martial, partial as they had fhewn themfeives, would not there is great reafon to fufpeft, that the refignation was defigned on purpofe to prevent the criminal s being tried and pu- rifle their own characters fo far as to ac- nifhed by a court-martial. I quit him : therefore they contrived how I to avoid giving any fentence, either of! condemnation or acquittal ; and for this \ end pretended, that as the Captain was i not then in his Majefty s fervice or pay, I they had no right, nor ought to determine [ a matter, which they had been exprefsly i ordered by the board of Admiralty to inquire into. Sir, this is, in my opinion, not only a mod illegal determination, but it is introducing a precedent that may be of the mull dangerous confequence to the publick fervice both by fea and land. For if it fhould once beadmitted,that a man s being out of hismajefty s payand fervicefhouldexempt him from the jurifdi&ion of a court martial, for any crime he had committed whilft he was in the fervice, it would be in the power of every criminal, either in the fea or land fervice, to evade being tried I fay, the criminal, Sir: for, in my opinion, it appears even from what is faid by his own witneffes, that he never bore down uoon the enemy, or engaged any one of their fhips within what is called point blank fhot; and, confequently, could not be in a line either with the Admiral, or his fecond the Marlborough ; who appear both to have been within point-blank (hot, from the damage they received, as well as from the damage they did the enemy. One of his witnefles indeed, meaning Gray, fays, that when the EfTex firft began to engage, {he was within point-blank fhot of the e- nemy ; but the court took care not to make him explain himfelf: and when he was afterwards afked, If the EfTex was to windward or leeward of the Marlborough? he anfwered, T o windward, to be fure; which could not be, if fhe had been within whatought to be called point blank or punilhed, if he could but obtain a dif- fhot of the enemy. And all his witnefleg charge from his commanding officer, or prevail with him to accept his refignation. I Nay, if this were admitted, neither our board of Admiralty, nor even his Majefty * himfelf, by his fovereign authority, could order fuch a criminal to be tried by a court-martial, or take any other method topanifh him for the crime he had committed, unlefs it was fuch a one as fell under the cognifanceof thecommon law; which in particular can take no notice of cowardice, nor inflift any punifhment upon the coward, however much his country may have fuffaed by his mifbehaviour. agree, that when the Marlborough s maftol went by the board, his fhip, the EfTex, was not only to windward, but doing nothing : fo that fhe had nothing to prevent her going down to the afiiftance of the Marlborough, but the pretence of not breaking the line without an exprefs order from the Admiral: which to me feems to be nothing but a mere pretence ; becaufe in the time of aftion it is impoflible for an Admiral to attend to every accident that may happen ; and therefore, a fhip that has nothing to do, may certainly leave her ftation in the line, in order to affift

14 i i 4 "Proceedings of the P o l i t i c a l Club. March 1746 I affift any fhip fhe fees in dillrefs: for I reward. On the other hand, when wei mult obierve, that the chief triumph we obtained, which was the taking, and afterwards aeilroying the Spanifh fliip called the Poder; I fay, this chief triumph was occafioned by one of our fhips leaving, not only her ftation in the line, but confider the Captain s circumflances; the protection he apparently met with from' the Admiral, the long time he had to pra-1 ftife upon the men that had been under his command, and the rewards that might be expected by thofe that offered orenga* i the divifion fhe belonged to. When I ged to fwear in his favour; we cannot wonder, that, in this degenerate age, he found j fome men on board his fhip, ready to contradict, upon oath, any fad that had been fworn againft him, or any thing that had fay this, every Gentleman muft fuppofe 1 mean the Berwick, one of our Rear-Admiral's divilion ; the Captain of which bravely left, without any orders, not only his ftation, but his divifion, in order been objected to his conduct. And when to attack the Puder, becaufe he faw that our fhips abreait of her fired at fuch a diftance as not to be able to do her much damage. In fhort, Sir, from all the circumftances of this day s engagement, and even from the evidence brought by the Captain whofe behaviour is now under our confederation, it is manifeft, that he was too much under the influence of that fpirit which prevailed over molt of the Captains in the Admiral s divifion ; I mean that of keeping as much out of harm s way as poffible: and if we give credit to thofe Gentlemen who appeared voluntarily a- gainft him, we mult believe him to be iuch an arrant poltroon, that his efcaping vve confider, that there was, in reality, no profecutor allowed to appear againft him, nor any one to crofs examine his witneffes, we may wonder, that the proof of his innocence was not more full, morediftinft, and more corfiftent, than it appears to be. Thefe things being confidered, itiseafy, I fay, Sir, to determine which fide of the evidence deferves the moft credit; but as we are not now to declare, that the Captain was either innocent or guilty of what was laid to bis charge, we have nothing to do with the credibility of the evidence of either fide of the queftion : all we have at prefent to do, is, to confider the proceedings of the court-martial that inquired into his conduct. And thefe proceedings unpunifhed will be a lafting fcandal to this are fo extraordinary, that I fhall notfcru- nation. I lhall grant, that their evidence ple in the leaft giving them all the bad names my Hon. friend has been pleafed has been exprefsly contradicted, in feveral material circumftances, by the wit- to mention. Upon the very face of them nefles he brought to fwear in his favour: but when we confider all circumftances, it is no difficult matter to determine which they appear to be fuch as no man, I believe, either within doors or without, will pretend to juftify ; and I hope the notice fide deferves the moft credit. When we that has been taken of them in this houfe, confider the high ftation which this Captain s father has been defervedly raifed to in our navy, and the great influence he muft, confequently, have upon all our naval preferments, it is not probable that a- ny man, much lefs a number of men,, could, out of refentment, confpire to bring a falfe accufation againft him ; becaufe they could not but forefee, that to purfue their refentment in fuch a manner, would make it rebound with infinitely greater will make all future courts-martial refolve to proceed with more candour towards the accufer, with more feverity towards the perfon accufed. Whatever may have been the former practice,! hope ail future courtsmartial will make it a rule, to allow any perfon to fet himfelf up as the accufer or profecutor, or at leaft as a joint profecutor with the crown; and, fo far from refufing, upon frivolous pretences, any witneffes that lhall offer to appear, I hope they will force againft themfelves. make it a rule, to furnifh both prifoner By fuch a method of proceeding, they could expedt nothing but ruin upon his being acquitted. Had they fucceeded in obtaining a fentence againft him! they could expert no and profecutor with the neceffary powers for compelling all perfons to appear, who they think can give any account of the facti in qqeftion* It * ^

15 March1746. Proceedings o f the Political C l u b.* 1 1 5, : It is,'1 know, Sir, the prattice at Com- y mon law, to make ihe profecutor or ac- J cufer appear as a witnefs, and give his e- ^ viflence upon oath againft the prifoner j I but it is the neceffity of the thing alone ^ that can excofe the practice: for tho* the 1 law fuppofes, that the profecutor is only j an evidence for the King, and no other- wife concerned in the trial, he is in reali- ' ty a party, and may fuffer by the event,,i if the court Ihould think the profecution * malicious; therefore, even at Common * law, he mould never be compelled, or in- '] deed admitted to appear as a witnefs, when I itis notablolutely neceflary; and as courtsj martial are not bound to follow any of the 1 prattices of our Common law courts far- men, if they could have informed him of any other witneftes that were material to be examined; for where there is a contradiction of evidence, it is the bufinefs of the profecutor to fupport his evidence, and it is the duty of the court to examine every man whole evidence can any way contribute towards adifcoveryof the truth. In this therefore the court acted illegally, as well as partially and unjultly ; and as fuch proceedings in courts-martial may be of the moll dangerous confequence to the pubhck fervice, J think it abfolutely neceifany for us to endeavour, by a publiclc cenfure, to prevent the like for the future: for which reafon, 1 (hall conclude with feconding my Hon. friend s motion. I ther than they think them reafonabie, I I muft look upon it as a piece of very great I injoftice in this courfmartial, to infilt up- ' on the accufer or profecutor s being fworn, \ or otherwife to exclude him from being j prefent in the court, in order to iupport f his accufation ; for in this they followed f the practice neither of law nor of reafon. If they had followed the practice of law, they might have compelled him to be [ fworn ; if that of reafon, they muft have admitted him to be prefect in court, to fupport his accufation by fuch queftions or crois queftions, as he thought neceflary for ' making the witneftes tell all the truth, and nothing but the truth. This was therefore a manifeft piece of The fpeecb o/'servilius Piifcus, in the character o f Henry Pelham, Efq\ who fpoke next. M r P r e f dent, IDo not iland up to vindicate the Captain vvhofe ConduCt is now under our conlideration, nor do I ftand up tojuftify the proceedings of the court-martial which was appointed to inquire into the afperfions that had been thrown on his character in regard to his conduct and behaviour in the late engagement off Toulon ; tho both have been, I think, in feme meafure mifunderftood, and confequently mifreprefented, by the Hon. Gentlemen who made and feconded the motion now injuftice with refpecfc to the profecutor, before us. The chief end of my ftanding and of partiality with refpect to the prifoner or who ought at leaft to have been ; a prifoner: for, during the whole trial, he feems to have been treated rather as a member of the court, than as a prifoner up, is, to juftify his Majefty s conduct in this affair, and to prevent what, in my o«pinion, will be fuch an incroachment up* on the prerogatives of the crown as may be of the moll dangerous confequence to at their bar. But what, I think, was the publick fervice. This I take to be much more illegal, and indeed a fhocking 1 piece of injuftice, was their refufing to admit the other accufers of this Captain to go into the proof of their own depofitions, or to bring any witneftes for confirming the evidence they had given, or falfifying that which had been given in favour of my duty as one of his Majefty s fervants ; this I take to be my duty as a member of this houfe; and therefore I hope you will excufe the trouble I think mylelf obliged to give you upon this occafion. I believe, Sir, it will not be denied, that his Majefty has by his prerogative the foie the Captain. Surely, if the profecutor, power over both our fleets and armies; fet up by the court, had not been a fham profecutor, he would have infilled upon it and confequently his Majefty, or fuch as he fhall appoint, muft be the foie judge as his right, to bring what witnefies he of the conduct of every officer. When pleafed to be examined, and would have thought himfelf obliged to thofe Gentle* any officer, either of the navy or army, is accufed of mifconduct, or even lufpeft-

16 116 Proceedings o f the Po l i t i c a l C lub. March 1746! punifh ; and fhould we once aftume a power to punifh, we would very foon af- I: ter aftume a power to reward. Thus the I; power of rewarding and punifhing would f foon become to be lodged wholly jn this I afiembly ; by this the eyes of every offi- 1 cer, both in our fleets and armies, would I be fixed here alone ; and then we might, I whenever we pleafed, aflume the foie I power to command, as well as the foie 1 ed of any mifcondud, the method hitherto has been, for his Majefty to appoint a court martial, at any time he thinks fir, to inquire into fuch officer s condud upon fuch a particular occalion; and when they have made a full inquiry, they either pafs inch a fentence as they think juft, or they report the whole matter to his Majefty, and leave to him the determination of what punifhment he may think the officer deferves. power to reward and punifh: which would! Even when the court-martial paftes fentence, that fentence muft be entirely alter the nature of our conllitu- i confirmed by his Majefty before it can be put in execution ; and he may alter it, or fufpend the execution, if he pleafes; or he may order a new trial, if he fees any tion in effcd, and very probably foon af- : ter in form as well as efted j for a houfe of Commons that had uiurped the power over our fleets and armies, would in all juft caufe. This, Sir, has been hitherto probability follow the example of their the pradice; by this pradice all the offi predeceflors in 1640, andabolifh both the cers of our army and navy have been kept other branches of our legiflature. We under a due obedience to the CTOwn ; and as our courts-martial are anfwerable to none but their fovereign for their proceedings, they have generally fulfilled the truft repofed in them with fidelity to the crown, and a ftiid regard to the publick fervice; being fenfible, that if they fhould condemn an innocent man, the crown would prevent the execution ; that if they fhould acquit a guilty perfon, they could»ot the.eby free him from punifhment; and that in both cafes they would expofe themfelves to the refentment of their fo vereign. What effed this pradice has had with fhould then again have a government e- ftablifhed under the name of 7be common' wealth of England, which I believe would be no longer-lived than that which was eftablifhed at that extraordinary canjun* dure I have mentioned. Notwithllanding thefe fatal confequences, which I think we have great reafon to apprehend ; yet, Sir, if the adminiftration of publick juftice could be better fecured, or more firmly eftabiifhed, by the frequency of our inquiries or cenfures, I fhould not be fo much againft them. But experience may teach us, that numerous aflemblies are not the moft proper for a regard to the publick fervice, we very due adminiftration of juftice. Party and well know, and muft rejoice in, becaufe it has generally made us victorious over faction too often prevail over juftice in our enemies abroad, and h*.s fecured the fuch aftemblies; and their fentence is generally either too mild or too fevere. If publick tranquillity at home, by which the nation has been railed to that high degree of riches, power, and influence it ss now arrived at: but if this houfe fhould begin to interfere with the crown, in the exercife of any power over our fleets and armies; if we fnould begin to inquire into the conduct of officers, and to cenfure it can be fuppofed, that in his Majefty s courts of juftice a guilty officer may be fcreened, by having a near relation who has great wejght in his Majetty s councils, I am fure it may with more reafon be fuppofed, that in any fort of profecution here, a guilty officer may be fcreened, by havinga near relation who has great weight the proceedings of courts-martial, no one in this afiembly. For this reafon, Sir, if knows whateffeds it might produce. One, I think, is certain, that it would transfer the dependence, and confequently the o- bedience of the officers, both of our fleets and armies, from the crown to this aftem bly : for fhould we once begin to inquire and cenfure, we would very foon begin to it be now become more ufual than it was in former times, for Gentlemen of great families to betake themfelves to the army or navy, we fhould be more cautious than formerly of interfering with the crown in the adminiftration of juftice, or any thing elfe relating to the government of our army

17 M a rch Proceedings o f the P o l 1 t 1 c a l C l u b. 117 t * f /N 1I 1 9 * % «my or navy : for if upon an inquiry into who had acted by his commimon and with! an officer s conduit, it fhould be voted by his approbation: and the confequence of thisdifpute, whichever fide fhould prevail, this houfe, that he had punctually performed his duty, I believe no court-mar- would be fatal to our èonftitution. Aà tial would afterwards venture to condemn him; and therefore thofe officers who had great friends or relations, might neglecl their duty, in hopes of being fcreened by a vote of this aftembly, upon the iffue o f an inquiry fet on foot by their friends for this houfe has the foie power of granting money, without which no fleet or army could be fupported by any legal means, the King could not prevail in fuch a difputev unlefs both fleet and army fhould agree to enable him to lay parliaments afide, and that very purpofe. On the other hand, eftablifh an arbitrary government; and if it might often happen, that a brave and diligent, but unfortunate officer, might be. this houfe ihould prevail, it would, as I have faid, transfer the dependence of our fleets and armies from the crown to this profecuted and condemned by a parliamentary inquiry, for no other reafon but aflembly; the confequence of which I becaufe he happened to be of a party or have already explained. faction different from that which had the prevailing influence in this aflerably. And this confequence we have the more reafon to apprehend, becaufe it has once already put In my opinion, therefore, Sir, nothing an end to our conflitution. By an extraordinary, and I may almoft fay, a miraculous intervention of providence, our conllitution was at that time reftored without any blood-fhed; but if we fhould tread again the fame path to deftruction, I am fure we fhould not deferve, and I doubt much if we fhould meet with any intervention of providence in our favour. Therefore we fhould be extremely cautious of making the leaft incroachment upon that part of our conftitution which has placed in the crown the foie power over our fleets and armies. When I fay this, Sir, I hope it will not be thought, rhat I am arguing againft our ever making an inquiry into the conduct of any officer, or into the proceedings of can contribute more to the deftroying of all fort of military difcipline in the army or navy, than a too frequent ufe of parliamentary inquiries into the conducl of officers: and a frequent or unneceflary inquiry into the proceedings of courts-martial will certainly have the fame effecl; for if their proceedings are to be examined into upon every trivial occafion by thisaflembly, no court-martial will ever pal's any fentence, at Iealt they will take care never to condemn an officer whofe friends are known to have great influence in this houfe j for upon every fuch cccaiion they would be under the dread of having their proceedings inquired into and cenfured: and what might be the confequence of a parliamentary cenfure neither any coijrt-matial. My meaning is only they nor any one elfe could pretend to to fhew, that no fuch inquiry ought ever foretelj efpecially if in purfuance of their to be fet on foot, except upon fome very fentence an officer fhould be fhot for extraordinary and important occafion. cowardice or defertion, and that fentence Ihould afterwards be voted partial, arbitrary and illegal, by the intereft of his When a great officer, fuch as a General or an Admiral who happens to be a member of this houfe, defires that his conduct friendsand relations in this aflembly. W e could not, tis true, with all our power, recal the dead man to life; but we might, and probably would, for that very reafon, fall upon fome method to punifh thofe whofe fentence had been the caufe o f his death. This, Sir, would neceflàrily beget a dis may be inquired into, in order to vindicate his character from the falfe and malicious afperfions that have been thrown upon it, we may comply with his requeft; or when there appears to be a failure or a want of juftice on the part of the crown, we may inquire into the conduct of any officer, or into the proceedings of any pute between us and our fovereign ; for court-martial. But in the cafe now be the King would, and indeed ought to think himfelf obliged in honour to proteft ihofe V ol. VIII. * ^ fore us, neither of thefe can be pretended. T h e officer whofe conduct this motion re» ' la tea

18 118 Proceedings of the P o l i t i c a l C lu b. March1746. lates to, is neither a member of this houfe, nor is he in fuch a high ftation as to deferve the attention of this altembly. And as to the proceedings of the court-martial appointed to inquire into his conduct, fuppofe they deferve all the hard names that are to be given them by this motion, yet we cannot fay there is as yet any failure have Gentlemen run away with an opinion that they are altogether inexcufablc: and in order to fliew that they are not, I muft beg leave to examine the material objections that have been made againft them ; which I think may be reduced to four: The court s not confining the Ca. ptain, and bringing him before them as a of juftice on the part cf the crown. If prifoner; Their not admmitting Lieut. Je- the proceedings of that court martial were partial, arbitrary, and illegal, we ought to give the crown time to inquire into them, and to get them rectified, before we think of taking the cognifance of them kyll as his accufer or profecutor, unlefs he would fubmit to be examined upon oath; Their not admitting the Lieutenants of the Marlborough to be examined, or allowing thofe who had fworn againft the to ourfelves. Can it be faid that the Captain to bring other witnefles for fup- crown has as yet had a fufficient time for this purpofe, when we confider that the court-martial did n t end till the 5th of February laft, and that it was held ai fuch a diftance that we cannot fuppofe the porting the evidence they had given; and, Their not paffing any fentence either of condemnation or acquittal. Thefe I think, Sir, are all the material objedlions that have been mace againft crown had any account of its proceedings the proceedings of this court-martial. before the end of laft month? This motion therefore, I think, we cannot at this time, nor indeed in this feffion, comp y And as to the firft of thefe, I think it may, be very eafily juftified, if we confider how this court martial came to be appointed, with. When the crown has neglected to and the ufual cuftom in fuch cafes. When make ufe of its prerogative, and the publick is like to fuffer by that neglect; or when the crown has made a wrong ufe of its prerogative; the parliament has then, I (hall grant, a right to interpofe; nay I think it is our duty to interpofe: but till then, we ought never to aflame to ourfelves the cognifance of any cafe which by our conftitution belongs properly and folely co the crown : and I believe no Gentleman will fay, that the crown has not by its prerogative as much a right to judge of and rectify the proceedings of a court martial, as it has to appoint a courtmartial. For this reafon, Sir, however partial, however arbitrary and illegal the proceedings of this court-martial may have been, an officer has been apparently guilty of a- ny mi/behaviour, it has always been the cuftom, for the chief commander to order him into arreft, or perhaps lay him in irons; in which condition he remains till he is tried by a court-martial: and in e* very fuch cafe he is brought before the court martial as a prifoner, and continued as fuch during the whole time of his trial. But even in this cafe he is allowed to bring what witncfles he pleafes for his vindication, and to object to, and crofs examine the witneftes that are brought againft him. This, Sir, is the method of proceeding in all cafes where the officer to be tried has been manifeftly guilty of fome mifbehaviour, and when the trial is brought on without any thing of his own feeking. But I hope Gentlemen will fufpend their re* fenrment till next feffion j when an inquiry into them may be fet on foot without doing any great violence to our conftitution, in ca(e the crown fhould nòt before that time have made a proper ufe <?f its prerogative, by giving due fatisfaction to the officers are often brought to a trial upon their own application: for when an officer finds, that his conducl upon any occafion has been mifreprefented, or fufpects, that by his unfortunately failing in any enterprize his conduct may be caufelelsly blamed, he applies for a trial before a court- publick jultice of the nation. But now, ir, with regard to the proceedings them* martial, in order to vindicate his character ; and his requeft is never refufed. In felves, tho* I did not rife up with any deijgn to vindicate them, yet I would not thefe cafes, the officer is never confined ; but, on the contrary, is, daring the whole trial,

19 V I March Proceedings o f the Po l i t i c a l Club. 119 trial, treated by the court-martial with that refpett that is due to his character: I and even when upon the trial he is found and that therefore they had no occafion to force any particular man to appear as a witnefs upon the trial. i guilty of fome mifbehavicur, he remains Thus, Sir, againft this obje&ion like- j at liberty, unlefs confinement or a corporal I pumlhinent be a part of his fentence. j- Now, Sir, let us confider, that the courtmartial whofe proceedings are now under oar confideration, was a court-martial of the latter fort. It was appointed by an wife the proceedings of this court m rtial muft ftand juftified ; and with refpcti to the third objection, I mult think, that the Lieutenants of the Marlborough, by their letter to Adm Rowley, did fhew themfeives a little too much prejudiced againfl exprefs order from the Lords of the A d miralty; and that order was iflued upon the application, and at the eamell requeft the Captain of the Eflex, to be admitted as unexceptionable witnefles: for in that very letter they prefume to pafs fentence of the officer who was to be tried. This againft the Captain of the Eflex, by faying, court-martial therefore could neither confine him, nor be any way wanting in that relped which was due-to his ftation, without tranfgreftmg thofe rules which have been eflablifhed by a long and uninterrupted cullom in the navy ; and, confequent* ly, upon this head no juft objt&ion can be made to any part of their proceedings. Then, as to the fecond objection, whatever incongruity there may be, according that the juft and honourable dcligns of his Lieutenants were in danger of being baffled ; and they further declare, that they thought themfeives the greateft fufferers, by his not doing his duty ; confequently the court could not but fuppofe that they would be partial in their evidence: and therefore I muft think, it would have been a little partial in the court to have admitted them as witnefles. Then as to the to the reafon of things, in examining an accafer upon oath, or in not admitting a- nyone as a profecutor upon the trial, except the perfon employed by the crown for that purpofe, it is a cuftom that has demand made by the Lieutenants of the EfTex, if there were any other witnefles that were ready to confirm what they had fworn, they fhould have given in a lift of them to the prolecutor for the crown, who was the only proper perfon they prevailed for time immemorial in criminal trials, both at Common law and beforecourts-martial; and cannot therefore, in my opinion, be altered by any court whatever, without the authority of an could apply to for that pnrpofe ; therefore their application to the Admiral was contrary to form, and for that reafon, I fuppofe, the court thought it ought to be re- aft of parliament. If this court-martial therefore refufed to admit the Lieutenant who had accufed his Captain as the profecutor, they did no more than what they were authorifed to do by cuftom ; nay, if they had done otherwife, their proceedings would, in this refpett, have been illegal: and if they did not compel him to appear as a witnefs, and give his evidence upon oath, which they thought, it feems, they could not do, it was but an error in point of law, and cannot deferve any of the hard names contained in this motion ; for had they thought otherwife, they might have concluded, in my opinion, with great reafon, that among fuch a number of officers and private men as mull always be on board a large man of war, there could not be a fcarcity of witneflej for fetting the Captain s behaviour in its true lig h t; jefted, becaufe they were neither profecutors, nor could be admitted as fuch ; which would have been the cafe, if they had been allowed to bring whatever wit*. nefles they pleafed to be examined upon the trial. In both thefe refufals, Sir, the court had therefore fome reafon for what they did ; and if that reafon be not thought fufficient, it may be an argument for faying they had bad heads; but it can be no argument for faying they had bad hearts; and much lets for our declaring, that they afted partially, arbitrarily and illegally. And now, Sir, with regard to the laft objection made to the proceedings of this court martial, which is that of their refolving not to come to any refolution up*, on thefubjeft matter of their inquiry, but to fend home their whole proceedings to * thq

20 120 The right of the houfe of Stewart March to have made the proper ufe, or to have made a wrong ufe of that prerogative which gives it the foie power of rectifying ] the proceedings of courts-martial. There- i the Lords of the Admiralty ; this, I am fure, can neither be called partial, arbitrary, nor illegal; for furely no man can be faid to a61 partially, arbitrarily, or illegally, when he does not aft at all. Nay fore, fuppofing I were fully convinced, ; that the proceedings of this court-martial deferved the cenfure now propofed, I fhould be for poftponing it till next feffion ; for I fhall always be againft our interfering with any of the prerogatives of the crown, till it becomes manifeftly neceftary for us to do fo. [This debate to be continued ] it cannot be fo much as faid, that in this the members of the court-martial were any way deficient in their duty ; becaufe there is nothing more cuftomary, than for courts-martial not to pafs any fentence, but to refer the whole of their proceedings to the board of Admiralty; efpecially in matters which they find very difficult to determine, or when they think they have not fufiicient power to determine. Ike right o f the houfe o f Stewart to the Which laft feems to have been the cafe crown of Scotland conftdereà. Puhlijhed with this court-martial: for the order before the end o f January laji. from the Lords of the Admiralty directs the Admiral to affemble a court-martial to inquire into the Captain s conduct and behaviour in the engagement off Toulon; but goes no farther. It neither directs the court-martial nor the Admiral to pafs fentence; and much lefs to punifh the Captain in cafe of his being found guilty of any mifbehaviour: and therefore, even fuppofing the Captain to have been ftill in the fervice and pay of the government, [ N. B. All the notes are the author s, except the laft in p which we have added.j Imperivm femper ad optimum quemque a minus bono transfèrtur. Sail. Sit àenique infcriptum in fronte uniufcujuf* que quid de republica Jentiat. Cic. T H E difpute betwixt the Whigs and the Jacobites turning upon the two points of right and expediency, moft of our the court-martial had fome reafon to late pamphlets have been employed in con- doubt of their power to pafs fentence, fidering the latter. This branch of the cither againft him, or in his favour. Thefe, Sir, are fome of the reafons that may be fuggefted in anfwer to what has argument is indeed that which, in our rea- foning with the Whigs, ought chiefly to be infilled on ; but, in our reafoniog with been objected againft the proceedings of : Jacobites, can only be of force when their this court martial. Whether thefe reafons may be thought fufficient for juftify- notions of right are in the firft place deft royed. A perfon perfuaded of the di- ing every part of their proceedings, is 1 vine indefeafible right of Kings to govern what I do not know; but I hope they will be thought fufficient for (hewing, that we ought not to be rafh or precipitate in paffing that fevere cenfure upon them which is propofed by this motion. If it fhould <wrongt can never be touched with arguments drawn from their doing fo ; and therefore, in all our reafonings with thefe people, this of divine right ought particularly to be infilled on. become proper and neceffary for us to examine the proceedings of this court-martial, I think we ought to take a little more time to inquire into the affair, and we ought to give the members of that Indeed, the arguments advanced by the Whigs, againft this monkifh dream of divine, hereditary, indefeaiible right, have been fo many and various, fo ftrong and convincing, that the obftinacy of the J a * court martial an opportunity to be heard,, cobites in maintaining it, is perhaps not before we pafs a cenfure which muft fo 1 the leaft furprifing phenomenon in nature, nearly affect their characters. But I have! But as yet it is not time to defpair of their already fhewn, that as yet it is neither conviction. The perfuafion of this gave proper nor neceffary for us to enter into 1 rife to the following thoughts; the end any inquiry relating to this affair, becaufe: of publifhing them to the world being, to the crown cannot as yet be faid either not ; refrefh the memories of many, and, if the author $

21 (March to the crown of Scotland conjtdered. 121 I author dare exprefs his hope, to correct the prejudices of' a few.* If we are true Scot/men, and the author ' writes to none elfe, we cannot fail of being fired with indignation, when told, that - we neither are, nor ever were a free and, independent people; that we have been, [ from ages moft remote, the abfolute proper- extinft by the death o f his grand daughter Margaret^ the right of fucceflion to the crown of Scotland, came to be calle< in queftion. Tw o chief competitors appeared, both, of them defcendents of D avid Earl cf Huntington, whofe neareft heir was allowed to have right to the crown. The one, ' ty of a certain family, who claim us as their inheritance ; that we are now the property, not of a King, but the fhadow of a King, the banifhed race of a tyrant. Yet this, certain late manifefto s have founded in our ears, wherein we, and our country, are claimed as the ejiale of one, who tells us he poflefles by virtue of a divine, hereditary, indefeafible grant. Whatever the Jacobites may think of this, fure there is no man of common fenfe, but muft look upon it as the grofleft affront John Baliol, was his great-grandfon by his eldeft daughter Margaret; the other, Robert Bruce, was his grandfon by his fecond daughter Jjabel The queflioa therefore came to be, Whether the grandfon of the eldeft daughter, or the ion of the fecond daughter, was to be preferred, in right of fucceffion, to the crown? This difpute was referred to Edward F. of England; who at that time grafped at the fuperiority of Scotland, and only wanted a proper tool for his purpofe. Both capable of being offered himfelf, or his the competitors were intent to purchafe a country. They indeed hug their chains, crown at any rate ; and, as Bruce's plea and are proud of being f la w s ; nay are fond of ranking with their flocks and herds, and of being bought and bartered was the worft, he firft fwore to Edward* i and Baliol followed his example. Baliol contended, That, according to like them. But, thank, heaven, we are the cuftom of Scotland in the fucceflion of not all of the fame brutal difpofition: there are ftill fome amongft us who imagine themfeivesfreet the property of no King, no pretender, whatever. Thefe Gentlemen and freemen imagine, that there is no perfon, no family, who ever had, or now has, a divine, hereditary, indefeafible right to govern them. They allow, that the race of Stewart did for many years poftefs the throne of Scotland: but they infift, that it was by no means by virtue of fuch a right; feeing the firft of that race that ever reigned, reigned by the confent of a free people, and the authority of the parliament. And they apprehend, that no man can convey more right to another, than he himfelf is veiled with; according to the brocard, Nemo plus juris in alterum transferre potejit quam ipfe in fe habet. To demonftrate this, they beg leave to look back as far as the death of Alexanderlih who died anno I 285. The race of that monarch becoming I heritage, the elder daughter and her defcendents excluded the younger daughter and her defcendents. 4 Bruce contended, That he was a degree nearer than Baliol, being only grandfon to D avid Earl of Huntington, while Baliol was great-grandfon ; and that, according to the cuftom of foreign countries, the male neareft in degree fhould be preferred. Bruce's plea was reje&ed; and Edward, in juft agreement with the cuftom of Scotland in other heritages, determined in favour of B aliol\ Accordingly (1293) Baliol was acknowledged King by the States and Nobility of Scotland: but after a fhort reign of four years, having withdrawn his allegiance from Edward, he was carried priloner to England; thereaf* ter was delivered into the hands of the Pope, who configned him to the care of fome French Bifhops under whofe pious tutory he languiftied and died. During Ballot's retirement in France, Robert Bruce, the grandfon of that Robert who * Vide Rudd. Ann. ad Buchan, p ad fin. b And then Bruce was not ajhamed to claim the third part o f the kingdom, as the di- fcendent of one o f the three daughters o f David. Rut the crown was juftly found to fa indivijiblt. Vide Rym, Feed,

22 1 2 2 The right o f the houfe o f Stewart March who had competed with him, got into the his eftate, and that therefore it muft de- throne of Scotland; even while Baliol was fcend in iucccfflon like hiseltate3 This, alive, and had a Ton, Edward, capable of they apprehend, the Jacobites will not fucceeding him. And the Hates, in a chufe to deny. If they do, their pam convention held at Air in the year 1315, were not content with barely acknowledging him as King ; bur, by a folemn deed, fettled the crown on him, and a particular j'ucceiti m of heirs therein narrated. Vide Anderson's Appendix, N. 24. phlets and manifefto s will convidthem. Jn the next place, they take it ft-r granted, That, by the Jaws andcuitcm 0t Scat* land at the sura referred to, heritage unentailed defcended to the heirs of an elder daughter, exclufive of thofe of a younger/ Daring his fon D avid's minority (1329) in the fame way as it does now. This, young B a lh l attempted to recover Scot- they apprehend, the Jacobites cannot de tand, tie fucceeded, was crowned, and ny. If they do, they are defired to read reverfed the ads made in Bruce's reign, as over the ad of fettlement in favour of made during an ufurpation. But he too Robert Bruce i which, they will find, proceeds dirediy upon the fuppofition of what was foon expelled, and D avid Bruce fettled on the throne. is here afferted b. They are likewife de* D avid died without iflue ; and his fitter hailing married Walter Great Stewo ard of Scotland, her fon Robert came to the crown in the year 1370, and was the firft of the name of Stewart that ever enjoyed that high dignity. From this fhort recnpifulation of our ancient hiitery, according to our beft historians, the Gentlemen I formerly mentioned obferve, in the firfl place, That, confidering the crown of Scotland as heri- fited to confider the arguments ufed by Bruce himfelf before K. Edward, where* in he exprefsly allows it to be fo. And if none of thefe will fatisfy them, they aredefired to point out the time when our prelent law of fucceffion, agreeable to what is here affirmed to be our old one, firit took place. Lajily, they take it for granted, That the crown of Scotland in BalioPi days was an unentailed eftate, and therefore (to fpeak in the ftyle of lawyers) tage, John Baliol had the right of fuccef defcended to heirs wbatfoever. If any re* fion tu it, as neareft heir, fufe this, let them be fo good as /hew us a copy of the entail. lily, That, according to the dodrine of divine, hereditary, indefealible right, his fon Edward Now, thefe piopofitions being granted, ought to have fucceeded him. 3 ^, That therefore the reign of Robert Bruce was an ufurpation ; he himfelf, his fon D avid, and all hh defcendents, ufurpers. Whence, lafily, they conclude, either that the family of Stewart did at firft ufurp the crown of Scotland, and mull be fuppofed will the Jacobites be pleafed to tell us, by what right Robert Bruce came to fucceed to. the crown of Scotland? Was it by a right divine, hereditary, and indcfeafible? Was it by a right fimilar to that by which any man fucceeds to his eftate? If it was, let them try to reconcile it with the fore* going hiftory. to have continued to do fo till the contraly is proven ; or that they mounted the throne, and fwayed the fceptre to the laft, on principles plainly revolutional, theconfent or a free people, and the authority of parliament. From that it appears pretty evident, that Bruce was not the iiearell heir to the eftate of the crown of Scotland. That neareft heir was undoubtedly unhap* py B a liol If he was, could he forfeit this eltate? The Jacobites cannot with In order to illuftrate thefe observations, decency fay he could. If they do, let and to make us attend to their juft confequences, they proceed in this manner. At\à,ji>jì, they take it for granted, That the crown is as much a man s property as them point out any reafons of forfeiture, which, in confiftency with their own principles, can fatisfy any reafonoble man. If they fay, he could not forfeit it; then, pray, a Vide Mr Rudd. ub. fup p Revnum Scoticum non ex ordinum fujfragtis ptn' de<tt. fed jure fan^uinis keredilarto in genere proximo; continuo defcendat; eoditn]t*k quo f i n i» parentum defu ncio> um bona iff pojjejjiones dominium acquirere filcnt, b Vide Anderfon ; Appendix, N. 25. ad Jin*

23 !! March 1746* to the crown of Scotland confidered. 123 I prav, how came Bruce in? what right had the nature of the holding b. Further, lee [ h?? and what right had the Hates of Scot- I land :o make him King? But allowing I that Baliol the father by his own crimes could forfeit this grand eltate j which by tbe by fome Jacobite authors maintain, i how confidently, let the reader judge a : yet how could his innocent fon be made to fuffer for his father s faults? How came them explain, how the cuftoms of other nations eitlier could or fhouìd have regulated the fucceffion to tbe crown of Scotland, and make it run in a channel contrary to the laws and cullomi of the country. Befides, let them remember, that even the Feudal law is not fo clearly on their fide of the queftion, as they wr uld J Bruce to ufurp the crown, the property of feem to intimate. Sir Thomas Craig, tho* he declares for their opinion, yet candidly another? and why rather did he not content himfelf with being Regent in B aliol's owns, that the two great lights (as he name, as the memorable Sir W illiam W a l lace had done before him? Why did not all the Scots, to a man, aflilt in re eftablifli- terms them) of the Feudal law, Gerard ;.nd Obert, differ upon this point. Indeed, he himfelf delivers his opinion with an unu- ing young Baliol upon the throne of his fual modetty and diffidence. And, con- ancellors? and how came they to oppofe, him; to hinder a man of his own, his [ own by a right from heaven? fidering that he wrote under the reign c.<t a monarch peculiarly fond of hereditary right, from whom he had received o iftin- I How the Jacobites can anfvver thefe guiftiing favours, and that he introduces I few queflions, in confiftency with their avowed principles, and fo as to maintain that Robert Bruce fucceeded to the crown of Scotland by a divine, hereditary right, it in his treatife c f homage, where it evidently tends to the ftrengthening of his argument, it is a wonder he fays fo little, and flievvs us that he was not very pcfi- is palt our comprehenfion. As to the laft, tive in his opinion c. But if any chufe to perhaps they may fay, That the Scots op- pofed young Baliol, becaufe he attempted to recover the kingdom by the affiftance fubferibe implicitly to the opinion of Sir Thomas Craig, we refer them to his treatife o f juccefjton, p agair.ft Do t- of England, at thac time our greatefl foe. wan ; where they will find him rrai:;- It may be fo ; but they will allow themfelves to be put in mind, that what England was to us then, France is now. To fhun thefe unlucky confequences, fome may perhaps aver, That Bruce's right to the crown was better than Ballot's ; and that the competition ought to have been tainir.g, that the crown of England ought to defcend according to the cuftoms and laws of England; and that there can be no room for the children of a fecond daughter in the fucceffion of things that admit of no divifion, fo long as there arc children of an elder daughter. Thefe determined, not by the laws and cuftoms are his exprefiions ; of equal weight, as of the country contended for, but by the we apprehend, with any in his treatife o f laws and cuflcms of the Goths and Vandals% homage. Tis with the utmoft refpefì vve the Feudal law ; by which law, fay they, Bruce's right would have been preferable. Now, if Scotland was a feu, as thefe Gen* tlemen would make i t ; pray let them tell us, of what overlord it held, and what was mention this great man ; but it is no derogation from that to fay, that his zeal for his King carried him, as it has done many, a little too far. But the opinion of lawyers is not the. onlv f a Vide Mackenzie * Works, vol. 2. p. 4^4. And fo r w hich w e have this remarkable reafon ; I f a King w ill alienate his kingdom, his fubjeds are free ; not h\ their power to refume their Jirfl liberty, but becaufe tbe King w ill not continue King ; and they are free by his deed, not by their own right 6 Let it be remembered, that thefe very people, in the difpute about the homage, a ffa t the independency o f Scotland, and maintain that it was no fe e o f England. * Itisw orthobferving, that Sir Thomas fa lls, in this very treatife, into the vulgar error, of making Bruce r e f ufe to fw ear to Edward : A circumflance which indeedfirengthens his argument, but is by kq means true, as the reader w ill fee from the authorities fo r merly quoted. # 1 #

24 124 The right o f the houfe of Stewart March 174^ only thing to be regarded in the prcfent cafe: the opinion of our brave anceftors. are bound to adhere, as well uponac.j count of his right, as by reafon of hisme-1 the Nobility, Clergy and Commons of rit. But if he dtfift from what he has be-i Scotland, ought to have at leaft an equal weight with us, their pofterity ; and gun, and fhew any inclination to fubje&i us, or our kingdom, to England, or the I Engltfh; we will ufe cur utraoft endea-1 Ihould fill us with a noble zeal for that liberty they were fo iolicitoui to tranfmit to vour to expel him immediately, as our I us. Of this we have dill fome illuitrious enemy, and the fubverter of his own and I monuments, as old as the period of time of our right; and we will make another I we were juft confidering; and from which we fhall take the liberty to make two our King, who is able to defend us. It is ] not for glory, riches and honours we] fight; but only for liberty, which noj fhort extradls relative to our prefent argument a. In a letter wrote 6tn April 1320, good man lofeth but with his life b. j by the Nobility and community of Scotland, to the Pope, we have the following Such was the fpirit of our anceftors. I remarkable paffage. After having made In a declaration publifhed by the clergy, in a general national council of Seat* anfwer to Edward's claim of homage, they tell his Holinefs, they had been delivered from all their troubles by their brave King Robert Brucev Whom (fay they) alfo divine providence, and the right of fucceflion, according to our laws and cuftoms, which we wiil maintain to the utmoft, and the due [debitus'] confent and aftent of us all, have made our prince and King. To him, as the deliverer of the people, by preferving our liberties, we land, held at Dundee 24th February 1109, it is faid, That the right and title of j King Robert Bruce, to the crown, wasde* clared by the judgment of the people; that he was afiumed to be King by their knowledge and confent; and that, being advanced by their authority to the crown, he was thereby folemnly made King of Scot land c. Now, tho it is true, that in both thefe, particularly in the beginning* of the laft, (which for brevity s fake we are a Vide Anderfon i Appendix, N * This letier is Jtgned even by Walter Stewart himjelf, fan-in-law to King Robert Bruce, and father to King Robert II. c Vide AnderfonV Appendix, N. 12. How f a r (fays that author) thefe things efla* hlifh and confirm a revolution-fettiement, as being agreeable to our ancient confiitution', or how fa r they difcover that a claim o f right is no novelty in Scotland ; and hem far the title o f Robert Bruce and his fucceffors, who have fwayed our fceptre for four hundred years, is founded in thefe principles ; 1 leave to every man to judge. * [The claufe here referred to, is in thefe words, as tranflated b'} Mr Anderfon, in tht Appendix to his Hiftorical effay, {hewing that the crown and kingdom of Scotland is imperial and independent, v iz. When there was a controverfy between Lord John Baliol, late King o f Scotland de fa&o, advanced by the King ^England, and the dt* ceas'd Lord Robert Bruce, grandfather o f the prefent King Robert, Which of them was near eft in blood to inherit and reign over the people ^Scotland? the loyal people without hefitation did always maintain, as they did underfland from their forefathers andprtdf ceffors, and werefirmly perfuaded, that the fa id Lord Robert the grandfather was, after the deceafe o f King Alexander, and o f his niece the daughter o f the King of Norway, the true heir, andfhould have been preferred to the crown before a ll others. And the claufe o f which the fub(lance is given above, is in thefe words, viz. The people, by tht favour o f heaven, agreed upon the faid Lord Robert, now King, in whom the right of bis father and grandfather to the forefaid kingdom, by the judgment of the people, dothytt remain and continue entire and by the knowledge and confent o f the faid people and com* monalty, he is affumed to be King, that he may reform what is diforderly in the kingdom, and that he may correft what is amifs, and that he may direft what is wanting : and bt' ing by their authority advanced to the crown, he is folemnly made King of Scotland: w ith whom a ll loyal people w ill live and die, as w ith one who, by the right of blood* and other eminent virtues, is fit to reign t and worthy the name and honour of a King'']

25 J March to the croivn o f Scotland conjldered. 125 Iare obliged to omit), they mention Robert's right to the crown by fucceffion; yet it is fubmitted, whether they lay the moft! weight upon it, or upon their own con- us are fo various and oca. The Ladies bid you look for Majefty of prefence, and genteelnefs of perfon ; the Priefts, for a Jbechinah about the head, like the glory fent and eletìion? They exprefs a due o f the faints: fome defire, you would i regard for the Royal line ; and to be fure, touch for the evil; while all that others 1 hereditary, tho not indefeafible right, may I poffibly prevent certain inconveniencies: f but at the fame time they boldly declare, they will prefer a regard for their own li- I berty both. to Befides, we cannot help being f opinion, that what they fay a ^ bout it, did not proceed fo much from the j perfuafion of any fuch right in the perfon * of Bruce, as from a defire of defeating Ed- I ward's plea for the homage, arifing from [ Baliol's bafe furrender of the kingdom. I And we cannot but think, that if Robert I had been as fully perfuaded of his divine, I hereditary right to the crown, as his fuc- I ceffors feem to have been of theirs, he \ would never have allowed fuch bold de- I clarations of the contrary to pafs under 1 his very nofe. require is a long nofe and a grim complexion a. But all of them put us in mind of the ancient Egyptians feeking a new calf to worfllip, on the death of iheir old one. However, tho this is by no means incumbent on us, yet we lhall put the Gentlemen in mind, they will find what they feek, in the houfe and family of Douglas. W e fhall not detain the reader, by marking the fteps of this defcent; but only obferve, from Buchanan, Boethius, and many other of our hiftorians, that Willta?n Earl of Douglas was fo well convinced of his hereditary right to the crown of Scotland, as defcendent of the Baliols and Cumins, that, at the acceffion of Robert If. the firft of our Kings of the race of Stew art, he infifted upon his claim to fuch a de f But now perhaps the Jacobites will re gree, that Robert thought proper to ap- ply, Pray, what is all this to us? What peafe him, by giving him his own daugh is the conqueft you have gained? What ter in marriage b. This is fufficient for tho Robert Bruce was an ufurper? and our prefent argument: for how foon the fuch, without divine, hereditary right, he was; we know of no fucceffors the Baliol Jacobites tell us when the Baliols were ex- tindi, or united with the Brucian family family has. If we did, we are ready to in a Stewart, (which is abfolutely necef- difown the houfe of Stewart for ever, and would aflert the divine, hereditary, indefeafible right of monarchy, at the expence of our own blood, and the blood of our country. We fhall for once believe the Jacobites fincere, particularly in the laft part of their aflertion ; and, we verily believe, few in fary to be done, ere they can infer, that the Stewarts have a divine, hereditary, indefeafible right to our crown), we fhall endeavour to be more particular c. Till they do this, we are hopeful they will allow us, tint the fettlement of 1688 is in every refpeft as good as the fettlement of ; and, confequently, that the illuftrious family that is now in pof- this country, after fuch feeling experiences, will doubt of it. But then, as to the feffion of our throne by virtue of the one, iirft part of it, we humbly apprehend, that is not incumbent upon us. Tis none of has as much of what they call divine, hereditary, indefeafible right, as ever the family of Stewart had, who poltefled it fo long by virtue of the other. This they our bufmefs, to hunt after jure di*vino morarchs; that is the tafk of thofe who believe there are any fuch in exigence. We muft allow, or they ll pleafe to tell us have never yet learned from the J acobite s where the difference lies. In 1685, the how to know them, the marks they give diredl line of our Kings being extind, the ' a A more proper char aft erijiick o f the fam ily o f Stewart, than mercy. R collateral Vide Pretender's Declaration. b fide Buchan. Boeth. Hifl. o f the haufe o f Douglas, & c. c Mean w hile, they w ill remember, that no length o f time, not fiv e hundred yean, can found prefcr iption in the prefent cafe ; elfe let them explain, how any length o f time com (iejiroy a divine, indefeajtble right; or bow, on the other hand, it (an conjiitute ih

26 12 6 AJingular experiment in electricity. M a rch j collateral took place; death of Alexander III. fo did it at the There was then their whole country in diftrefs, mifery andlj ruin, makingit the feoffof its enemies, and! a great Cornell about fettling the fuccef- the grief of its friends, and all to advanced fion, witnefs the exclufion-bill, & c. ; fo a family to the throne, who either never! was there betwixt Bruce and Baliol. A - bout that period, the fucceftion was fettled by hereditary right, in the acceffion of the had a right to it, or were jailly deprived! of it. If thefe Gentlemen are indeed con- J vinced of divine, hereditary, indefeafible J Duke o f York; fo was it alfo when Baliol right, it is expected and intreated they i got the crown. Baliol was depofed for would aft up to their principle; and, iff inflaving his kingdom to the crown of they had done fo, Scotland had not been, I England; James VII. was depofed for in- what it this day is, the fcene of death, I Having his to the court of Royte, and and the unblefled grave of its children, I Popery. Baliol was jultly banilhed into Say no longer then, that you fight for the I France ; fo was K. James. B aliol died in family of Stewart on the principle of di- j the hands of French Bifhops; fo did K. James too. The Scots j uftly put the crown vine, hereditary, indefeafible right: if] that be indeed your principle, it isfofar I on Robert Bruce's head, their deliverer from obliging you to fight for them, that 1 from England; fo did the Britifh on K. it binds you to fight againft them. W illiam, tneir deliverer from Rome. The I 4 Scots did npt think it fit to make Bruce only Regent duringb aliol'i lifetime ; neither did the Briti/h, the Prince of Orange, during the life of K. James. Young B a liol attempted to regain the crown by the afliftance of England; fo has the young Chevalier by the afliftance of France. In all thefe they agree. In this they differ: Young Baliol fucceeded ; the young pretender has failed. The whole of what has been now faid, AJtngular experiment in electricity, From a letter dated at Paris, March See Mag. 1745, p Ò5feqq. M De Mujfchenbroek, a famous Profef- for in Experimental Phyficks at Leyden, has fent to M. de Reaumur, of the Royal Acadcmy of Sciences, an account o f a very fingular experiment, which has led him to feveral difcoveries concerning electricity. Having fufpended an iron confilts either of facts, or of what is humbly apprehended to be the plain and eafy cannon horizontally upon filken cords, confequences of facts : tho therefore it with one end near the ele&rical globe, he fattened to the other end a lattin wire, which defcended into a bottle half full of 'water ; then holding up the bottle with his right hand, while the cannon was ele- Ctrifing, he put forth a finger of his left fhould not convince, it is hoped it will not offend. The defign was, to revive the remembrance of fome things, which fome men feem to have forgot; and, by a collection of circumltances, to place the affair in the moft ftriking light. hand towards the piece, in order, as ufual, It is hoped, that the Whigs will here difcover fomewhat to confirm them in their opinion, and that the Jacobites (if any fuch fhould caft their eye that way) will find, that their adherence to the family of Stewart is not the eftect of principle, but to draw off a fpark; but was ftruck fuch a violent blow, that he thought his life at an end. * He adds, that he efleemed himfelf very happy in efcaping, and that the commotion he felt was like a clap of thunder. prejudice. It is fomewhat ftrange, to fee As this account came at a time when t men adhere cbftinately to a family, on many learned men were employed abou$ electricity, the Abbe Nollet and M. de the principle of divine, hereditary, indefeafible right; and endeavour to let them on a throne, to which, allowing the doctrine to be true, they never had a title. But our admiration cannot but be great, when we fee them hazarding their lives, their fortunes, their alj, nay involving Monniers of the Academy, zealous tofeareh into fo extraordinary a phenomenon, ven* tured to make the fame experiment; and in like manner found the concullion very terrible. On

27 March 174^* P O E T I C A L E S S A T S $ On Mifs M , o f Greenwich, who relieved a foldier, fainting, in his match over Black- Heath. WHen the fa in t warrior fig tid, and bow'd his head. Stay, fleeting life! the lovely Sappho fa id ; This filver charm, brave youth, accept, arije ; While tears of pity v a il'd her gen'rous eyes. Twas w ell the foft fuffufion hid from fight Thofe eyes that fhine w ith fuch a dangerous light; Elfe, whom the founds reviv'd, tbe looks had fia in, And e'en Apollo bad prefcrib'd in vain. But nomo, new life the quick'ning founds impart, Unwonted vigour fw ells his glowing heart; The blood obedient to the mandate proves, Strong beats each pulfe, and firm the hero moves. Yet here) fa ir nymph, without thy pow 'rtofave, The force o f art might difappoint the grave : Oft from rich balms a cure tbe languid fin d ; Each part is free to med'cine, but the mind; Departed health falubrious herbs refiore, And pining Sicknefs knows to wafle no more. But ills there are w hich you alone can cure; And yet thefe ills, defpairing, J endurev And Jhall thy bounty f lill refufe to heal The wounds thy eyes have giv'n, the wounds 1 In vain far aid to other charms I fly, [ feel? Stillflows the filent tear, f lill heaves the figh9 *Ibat tear a tear, that figh a figh fucceeds, And my fond foul to death, unpity'd, bleeds. Oh? form'd to blefs, and grac'd w ith heavenly Whofe bojom thus a partial pity vjarms, [chat ms, Say, whence, dear Sappho, this flrange turn o f Say, why at once fo cruel and fo kind? Unafk'd to give, and courted to deny ; To bid the flranger live, the lover die! [niind? On the death of Dean S w ift, and the arrival of the Earl of Chefierfield. H i b e r n i a fjpeaks. WHen fuch a fon I lofe, and Viceroy gain, Can ltoomuchrejoice? too much complain? Gone is my patriot fon, my Viceroy s fvuay, That befl off patriots would w ith pride obey? Yet e'en beneath his aufpices 1 pine; Swift is no more, tho' Che Her fie Id be mine. Such blifs from me is tom, to me is given, 1fe e l at once thy w rath, and mercy, heaven. Dark weeds conceal'd the fa ir from v ie w Yet mightily became her too! She v a il'd her pretty blubber'd face9 And wept her dear w ith fuch a grace! But lo, young Florimond appears To dry the joylefs widow's tears. His fu it fhe heard w ith warm difdain9 Protefied a ll his hopes were vain f Her hands fhe wrung, her robefhe rent9 And wept, and wonder'd what he meant! " Yet thro the drop that drown'd her eye9 ' Tis faid, there Jhone a fpark o f joy ; And fage diviners cou d foretell. That Florimond might yet do w ell. A fcruple now dijlurb'd her head* * Whe ther it were a fin to w ed? ' * Queries and doubts her brain po[)efs'd9 And bufy Confidence broke her refi. So, to refolve this knotty cafe. She feeks the Curate o f the place : A cafuift? Deep. O f judgment? ^ Sound. Y es,fatn dfor parts the par ifh round. Clariffa w ith the rifing fun Approach'd her friend, and thus begun! Full fixty times hath yonder lig ht Arofe, as oft hath funk in night\ Since the lamented hour that gave My fa ith fu l confort to the grave : And fure no fecond love fh a ll e'er Efface that image J iill fo dear.* Clariffa to his mernry ju fi, For ever Jhall revere his du/i. Yet cruel Prudence may require W hat elfe were foreign to defire; A n d'midfi a weight o f cares,you knowl W hat can a helplefs woman do? My heedlefs fervants flight my call. My farmers break, my houfes f a l l ; And Florimond w ith winning air, Tells me they w ant a hufband's carei W hat does my learned Do 1or fay? Why, marry Jure without delay? " But fhoud the lover prove unkind, A tyrant o'er a tender mind, The D E C I S I O N. A tale. How hard my lot, condemn'd to mingle CLariiTa, fprightly once and gay, Now figh'd the tedious hours aw ay: She mourn'd the kindeft hufband gone, Tears w ith my cup! Why then live f lngle ' Yet w hat i f an obdurate f a ir ' The hufband mucb-~but more the man* Shou'd drive a lover to defpair? R 2 Ym

28 128 P 0 E r J C A L ESSAYS. Marches, You know the foolijh freaks o f men; A vary d fhape each objesl wears, \ 1 dread the thought f Nay, take him ( then." Wut fhould he fquander my eft ate, And pa*(v%my jew els, rings, and plate! And witlefs 7, by folly led, B e turn d adrift to beg my bread Ì cfhe Doflor, vers'd in womankind, Perceiv'd the working o f her mind Madam, he cries, when truth we feek, A ll argument is often weak : When reafons weigh on either p a rt; Opinion vainly trys her a r t; So, till defending truth prevails, She Jits fufpended o'er the fcales. A way more fpeedy fh a ll be tried; A tongue fh a ll fpeak that never ly' à ; Know, Madam, then, my parifh-bell Is famous for advifing w e ll; Whatever the point in quefiian be, It hits the matter to a tee: Thus, as it difiates by its tone, You fure mufi wed, or lie alone. Now tow'rd the church in hafie they go: The widow chearful? But fo fo Yet vows, whatever the anfwer g iv 'n, She pioujly w ill yield to heav'n The DoSior too exhorts the fa ir, To lijien, and decide w ith care And now, the myfl'ry to unfold, He turn'd the key, the bell he toll'd. Our widow mus'd, and knit her brow ** Welly Madam, pray what think you now?' ' (H ere, firft,fhe fobb'd, and w ip'd her eye, Then labour'd out a doleful fig h.) Think, DoSior? Why, the cafe is plain: Alas, 1 find refinance vain! J u fl as he wifhes, hopes, or fears : His deepefi thought, his vaunted rule, Is Paffton's fla ve, or Folly s fool. ' Tis hence we blindly can approve The very faults of thofe we love ; 'Tis hence w e blindly can debate The noblefi deeds o f thofe we hate. Abroad thus works perverted W illi A t home our views are darker Jiilh, And astions deenid abfurd in theet Are prudent, w ife, and juft in me; S e lf love adores her own caprice, S till deifys each darling vice ; And by the colour o f a name, Removes at once the guilt and fhame. The prodigal is gen'rous, fr e e ; The mifer boafis ceconomy Gay, *' the debauch'd} the proud, it 11g reat; The bold oppreffor hates a cheat The faw ning fla ve obliges all i " And mad Revenge is Honour's call." Thus Paffion fhoots thro' every partj *ibe brain is tainted w ith the heart;^ Weak Judgment fa lls before Temptation % A n d Reafon is but Inclination. A free tranflation o f the Latin ode p. 8o. To the tune o f Wilt thou play me fair play, highland laddie. In the chorus, which is to be fung after every four lines, either Royal or Lowland Laddie may be ufed. T o the Moft Serene Prince W illiam Duke of Cumberland, marching into the Northern parts of Scotland, againll the i i In h eavn, '/is faid, our doom is feal'd J A h, Florimonri! and mufi I yield? Yet not, by choice by fa te I'm won ; The w ill o f heav'n be ever done I The bell ordains thee to my bed i For hark, it fa irly bids me W e d '' Dear DoSIor, then, ( I fpeak w ith for row J, B e fure you be at home to morrow. Think you the fimple tale too long? Then hear the moral o f my fong. The moral, to no fe x confin'd, Regards alike a ll human kind. Sly Paffion and diflemper'd Senfe Ufurp the form o f evidence; And truth and falfhood\ good and ill, Receive their tinfture from the w ill. Man boafis his Reafon s power in vain The pageant drags a hidden chain; N remains of the rebels, An O D E. hills, O W o'er the high and fhaggy Now o'er the loiv and humble vales» O'er the braes befet w ith thorny And rocks the travler's foot that fcorn, Bonny Laddie, Royal Laddie, There, my hero, lies your way, Where the fun w ith feeble ray Scare can chear the barren plain, That neither pafture yields, nor grain} Where bare rigs are bound in frofl, Where Cairn o' mount in fio w is loft, Where the cottages are rare, And traiklefi paths the flranger fcare. While

29 March A tt for the more eafy trial of the rebels While you hunt Rebellion's race, Flying with a coward's pace, Scouring o'er the bills like goats, Wand'ring fa r as Johny Groat\f > While you crofs the heathy moors, Leading on your daring corps; Of your health be not profufet In regions that no houfes ufe. While you re fafe who either fears Open wars, or Tencirw fnares? Or the threats or gafconade Of a mob fo r m ifchief mad? Mian while my pious wifh and pray Thee fbau attend w ith anxious care : Safe be your life, where danger fills f r ment, as the law now ftands, are to be found in the counties where t-eafons aie committed ; but as it will be very inconvenient to publick juftice, that the judges fhould remain fo long in the faid counties as will be neceffary for the trying of rhe faid offenders, fo it will be very burtfienfome to the freeholders of the fame counties to attend fo many trials as may be neceffary to be had for the fafety of the publick: T o the end therefore that the faid offenders may not conceive any hope o f impunity from the diftance of the feveral counties where the faid treafons are committed, and that juftice may more fpeedily and fecurely be adminiftered againft The frightful ridge o f tow'ring hills i May heaven's friendfhip thee preferve, And wings omnipotent thee ferve To fhade thy manly head around, And thee return w ith laurels crow n'd; I May your victorious troops return ( While our foei their folly mourn) To mingle in the mazy dance, And triumphs fmg o'er Spain and France. Lanark. them, and proper examples made in fuch reafonable time, as may be a means to fupprefs the remains of the faid rebellion, and preferve the peace of thefe kingdoms, it is enabled, That all offenders now in cuftody on accountof the faid rebellion and high treafon in levying war againft his Majefty, and all other perfons who are or fhall be guilty of high treafon in levying war a- gainft his Majefty within this realm, and AbftraCt of the act decimo nono Georgii II. intitled, An ab for the more eafy and fpeedy trial of fuch perfons as have levied, or Jhall levy war againfl his Majefly ; and for the better afcertaining the qualifications o f ju rors, in trials fo r high treafon, or mifprifion of treafon, in that part o f Great Britain called Scotland. fhall be imprifoned for the fame on or be-^ fore the iftof January 1746, [ i.e. 1747, according to the Scots computation], -may be proceeded againft, and the faid treafons may be inquired of, heard, and determined, before fuch Commiffioners of Oyer and Terminer, or Goal-deli very, and in fuch counties or fhires of this realm, as fhall be afììgned by the King s ccmmiffion WHereas a horrid and unnatural rebellion and war has been openly fanner as if fuch treafons had been com under the great feal of G. Britain, in like I O ' and traiteroufly raifed and levied againft muted within the counties or fhires where his Majefty within this realm, and is ftill continued, with defign to depofe and mur- ther his Moft Sacred Majefty, and to fet a Popifh pretender, bred 1^) and inftructed in Romifh fuperftition and arbitrary principles, on the throne of thefe realms: and whereas great numbers of fuch as have joined in the faid rebellion have been lately feized, and diftributed into feveral pri- fons in different counties of this realm; and others of them have been, and may be, in order to difcover the foundations and caufes of the faid rebellion and treafons, broaght up to London, in order to be examined ; and fdratmuch as bills of indict-» tht?y fhall be tried as aforefaid. That if any indictment againft any fuch offender be found in the county or fhire where fuch offences have been or fhall be committed, fuch offender may be proceeded againft on fuch indictment, for fuch treafons, before fuch Commiffioners of O y er and Terminer, or Goal-delivery, and in fuch county or fhire, as fhall be affign- ed by the King s commiffion under the great feal of G. Britain ; and fuch indictment, in fuch cafes, fhall be certified unto fuch Commiffioners upon his Majefiy s writ of Certiorari, to be iffued for that purpofe under the great feal of G.Britain: And

30 130 F O R E I G N H IS T O R Y. March And that in all fuch cafes no challenge for the county, or (hire, or hundred, (hall be allowed : But neverthelefs, upon the trials of fuch treafon% the challenge to any ju ror for want of freehold in the county or fhire where the fame (hall be tried, and furs and a fine horfe ; whence it was concluded that a negotiation would quickly be fet on foot with fome profpeft of fuccefs. However, as it was not known how far thefe appearances might be depended upon, the Porte formally acknowledged all other due challenges to jurors, fhall be the Grand Duke of Tufcany and the allowed. Queen of Hungary as Emperor and Em- Provided, That if any Peer happen to prefs of Germany. Mean while fo many be indicted of any fuch treafon, he fhall Ottoman troops were cantoned near the Hungarian frontiers as gave the court of have his trial by his Peers, in fuch manner as,.bv? lawa Peer is to have his trial. Vienna fome uneafinefs. Its fufpicions Provraed, That this aft fhall not extend to alter the place of indiftment or trial, unlefs the perfon indifted fhall, upon his trial,'be proved to have been actually in arms, or to have perfonally joined were increafed by a letter from the Imperial refldent at Conllantinople, advifing, that the Porte complained of divers excefies committed by the Sclavonians and Illyrians, againft two caravans, io their journey to that capital. T o remove all ttfith others while in arms, in the rebellion or war charged in the indiftment; but upon failure of fuch proof, fuch perfon ground of a quarrel on that head, her Imperial Majetìy, without delay, ordered a lhall bedifcharged from fuch indiftment, ft rift inquiry into the affair, in order to make proper fatisfaftion. According to in the fame manner, and to the lame intents and purpofes only, as he fhould have been in cafe this aft had never been made. And whereas difficulties may occur in trials for high treafon, and mifprifion of treafon, in Scotland, with refpeft to the qualifications of jurors to be fummoned and returned on fuch trials; for remedy thereof it is enafted, That, in all times hereafter, every perfon may be fummoned and returned to be a juryman in fuch trials in Scotland, who fhall, at the time, be poflefted, in his own right, or in the jight of his wife, of lands or tenements, as proprietor or liferenter, within the fhire, ilewartry, or place where the trial fhall be, or from whence the jury is to come, of the yearly value of forty fhillings Sterling at leaft, or valued at thirty fhillings Ster the lail advices from Conftantinople, all fears of difturbance to any of the European princes fiom that quarter muft now be over for this campaign ; as they allure us, that the Shah Nadir has only amufed the Grand Signior with propofalsof peace till he fhould have all his warlike preparations made, and that he is endeavouring to march with an army of 120,000 men towards Anatolia, which has occafioned a prodigious confirmation, and caufed a re* folution be taken to march all the Ottoman forces that were on the frontiers of Hungary into Afia, where they are to af* fernble the whole power of the empire for carrying on the war with vigour. Great armaments continue to go on in R u ssia, without any thing pofitivebeing ling per annum in the tax roll of the fame faid as to the deftination of them. The fhire or llewartry ; and, for want thereof, or for any other lawful caufe, fhall be fobbed to be challenged, and fet afide. court has aftually recalled the body of troops that were in Courland; but a train of artillery has been ordered to Riga, with vafl quantities of ammunition ; and great f o r e F g n ' I u J Y o r r. O N the 1 2th of January, an Am* baftador arrived at C o n s t a n t i n o p l e, from the Emperor of magazines have likewife been formed at Plefkow. M. de Dieu, the Dutch minifter, has left Peterfburg, without being able to conclude the treaty of commerce Perfia; and a few days after, he had an he has long laboured for. The Emprefs, audience of the Grand V iz ir ; in which he gave affurances of his mailer s lincere however, difmifted him with extraordinary marks of regard. difpofitions towards peace. In S w ed en an edift has been lately At his departure he had the ufual prefents o f rich publifhed for encouraging the Jews to corns

31 March 174 F O R E I G N H I S T 0 R Y. 13* come and relide there. They are to have which the parties are liable who apply to all the commercial privileges ot natural- you for juftice, which occafions univerfal born fubjedh ; to join in any of the pu- complaints. If by this refcript a fuitable blick aflociations; to be admitted as free burghers, and enjoy the liberty o f trading to the Eail or Welt Indies, as well as of dealing in the herring-fiftiery or any other branch of commerce. The fhip defignjed remedy be not found, anfwerable to the end propofed, we fhall confider of other tneans, to procure to our fubjedts expeditious, folid, and impartial jultice. His Majefty s letter to M. de Coccefi was as follows. Coccefi, my dear minifter, a for tranfporting the Swedifh officers engaged in the fervice of France, was frozen multitude of examples has convinced me up tor fome rime. how juft a foundation there is for my fub^ A letter from Stockholm, dated March 18. fays, that when jedts complaints againft the adminiftration their laft advices from Gottenburg came of juftice in my dominions. I have taken away, they ftill remained there. M. Mon- temar, the French Secretary ofembafly, a refolution not to fhut my eyes to fuch abufes, but carefully to look into them myfelf. You are therefore to addrefs has left Stockholm, upon a formal complaint made by the court of Admiralty to the King and fenate, of the hand he has had in the piracies committed in the Biltick by Dagenaer. [M ag. 1745, p. 338.] The King of D en m ar k hascauiedic yourfelf, in confequence hereof, to all my tribunals of jullice in due order, and to oblige them to ceafe the abufes which chicane, brigue, and delay, have introduced into their adminiftration, and which to be fignified at foreign courts, that he will adhere itridtly to the neutrality which call for vengeance from heaven. at the fame time to fignify, You;are that they he has hitherto obferved. As the court of V i e n n a muft be ready and quick in their determinations, without exception of perfons; is now entirely at eafe with refpedt to the Turks, and focan fpare a good number of.troops from Bohemia, fhe ftill rifes in her declarations of adting vigoroufly this campaign, It is faid fhe will increafe the reinforcements for Italy to 60,000 men, and fhe hasfent cff for the Low Countries a confiderable number of troops above what were at firft promifed. to moderate the expence, by the abridgment of proceedings that have in them more of form than ufe ; and, in one word, only to apply themfeives to the difpatching of bufinefs with the utmoft celerity that the nature of the cafe before them can poffibly admit of, under pain of lofing my favour, and incurring a fuitable punifhment. 1 am, His P russian Majefty has ftill a great army on foot; but what ufe he will make of it, time alone can plainly difcover. This prince, having freed his fubjedts from the cares and expences of war, has thought Orders have been fent to the S a x o n minifter at the Hague, to afk in hii Polilh Majefty s name, the guaranty of the States-General to the treaty of Drefden. There has been frequent talk as if a body proper to add to their happinefs, by extricating them from the chicane and perplexities of long expenfive law fuits, often worfe than war, by publifhing the mandate following. Frederick, by the grace of Saxon troops were taken into the fervice of the maritime powers, and it is now faid, that the terms being fully fettled they are adlually in motion in order to march for the Netherlands, to the number of God, King of Pruffia, & c. We gra- of 15,000 men. cioufly falute our friends and worthy coun- On the 24th of February the French fellors. You are to learn by the copies of minifter demanded from the circle of S w a b ia a clear and fpeedy declaration to obferve a ftridt neutrality, andconfequencly not to grant a pafiage thro its territories to the enemies of the King his mafter, to attack or dillurb the frontiers of his dominions, and to avoid entering into any the ordershereuntoannexed, the diredtions given to Coccefi, our minifter of ftate. And we truft that you will excute thefe our juft intentions with a ltridt exadtnefs, which you have not heretofore done; and that you will apply yourfelves to the moderating of the iromenfe expence, to affcciation that m ight give him the leaii umbrage,

32 1 3 2 FOR E I G N H I S T 0 R T. March i746. umbrage. mi fed were on cheir march, than he took About the fame time a detachment of Croatians refolved to make fome reprifais upon the garrifon of Hun- the field with 40,000 men, to ad in concert with his former allies. ninghen, for che incurfiom they had made The commencement of his operations has met over the Rhine. Accordingly thefe trcops with all imaginable fuccefs. Baron Leu- paflèd the river, and cut to pieces, or carried off prifor.er.% all the men they found trum, with a body of Piedmontefe troops, after having in his march made himfelf in three different redoubts. The French matter of feveral fmall polls of the French, minifter at Francfort has loudly complained of this, as a breach of neutrality on the and intercepted the whole regiment of Dauphiny, invefted Afti on the $th of ftde of the empire. By laft accounts he March N. S On the 7th, both the town had received no anfwer, tho* one was and cattle furrendered; when M. de Mon- drawn up; becaufe, upon deliberation, the deputies of the feveral circles were not a- greed in their opinion of it. Along the North-fide of the R hine, tal, the Governor, two Majors-General, three Brigadeers, near 400 other officers, and 5200 private men, of the bell troops that the French had in Italy, were made the French have been bufy repairing the prifoners of war. lir.es of Germerfham and Lauterburg, and augmenting the fortifications of Landau, which is a ftrong town fituated behind thofe lines in fuch a manner as to be en- M. de Maillebois having affembled all the forces he could get together in the Montferrat, had advanced as far as Annone, which is but five miles from Afti, in order to difengage the gar compaffed by them on three Tides. In rifon ; but could not fucceed. In the this place they are faid to have laid up provifions fufficient to fubfift an army of 80,000 men for a vvho'e year. They have alfo fent to it above 230 pieces of cannon, with a proportional number of mean time, fome of the Piedmontefe detachments forced the bridge on the Tanaro, and both there and in two effential polls in the mountains between Alii and Alexandria, fome hundred prifoners were mortars; and, according to latefl advices, taken. the French troops were afiembling in its neighbourhood, in order to execute fomc On the 9th, Gen. Leutrum moved forward towards Alexandria, and in two marches came to Solery, within three fmall miles from that town. There he er.terprize upon the frontiers of the empire, in cafe the circles fhould refufe to accept of the neutrality propofed to them. was informed, that M. Maillebois, in the utmoft hurry and confufion, was gathering Affairs in It a l y have put on a new in the reft of his army at San Salvador, face of late. an important poll in the mountains about About the latter end of February, thefrench miniftry gave out, that bis Sardinian Majefty had a&ually figned preliminaries in order to an accommodation with their court and that of Spain. There feems no reafon to doubt of pro- three miles off; that the battalions in Cafal were come to join him there, only fome few men being left in the callle; and that, as well from their number as confternation, the French were not likely pofals having been made to him, as they to interrupt him in his operations. Upon this intelligence he immediately fent have feveral times been fince the commencement of the war. Whether the to reconnoitre the avenues of the citadel; King of Sardinia really thought himfelf reduced tothe necefiity of making upmatters with the two crowns, and fo was willing to accept of a peace on proper terms; or if he wanted only to gain time till his further preparations fhould be ready, and to draw larger fuccours from Germany, is and being informed that the coaft was clear, and that the French had abandon* ed the redoubt they had raifed for covering their blockade, he ordered a convoy with provifions to advance ; which got into the citadel that night and next morning. This muft have been a very fea- not certain. However that might be, no fonable fupply to thegarrifon, as they are fooner was a good body of Auttrians arrived in the Mantuan, and certain advice received that the icil who had been pro* faid to have had fubfiltence fufficient only for two days more, when it arrived. Soon after, the French left the town, and a detachment

33 March FOREIGN HISTORY. tachment from the citadel immediately vifions were found in it Mean while, took poffeffion of it. Here likewife about the Spaniards evacuated themilanefe with 1000 prifoners were taken, half of them fick, and the other half having taken refuge in the churches and private houfes. Some fmall magazines were alfo found in the utmoft precipitation, leaving confiderable magazines in all the places they a- bandoned. The artillery they had brought for befieging the caftle of Milan, had been the place. M. Maillebois now thought proper to quit the poll of San Salvador, and retreat by the mountains towards his bridges on the Tanaro; which river he fent off to Pavia, into which a ftrong garrifon was put; and they immediately fet about throwing up intrenchments, and ftrengthening the fortifications of the place bad paffed by the 12th, and then he to the utmoft of their power. marched for Tortona, that he might have an opportunity of joining M. de Gages, Don Philip left Milan on the 19th at five o* clock in the morning, efcorted by about 6000 or of being joined by him. *Tis affured, men, and took the road to Pavia. Pr. Li- however, that Baron Leutrum came up with his rear-guard ; and made two bat* vingftein, a Colonel of dragoons, immediately took poffefiion of Milan; in the fub- talions more prifoners of war. He had urbs of which he killed or made prifoners left 400 men in Valencia, and as many in about 600 men. the caftle. The town fell into the King of Sardinia s hands as Toon as his troops advanced to i t ; and it was not doubted but the caftle with its garrifon would be in his pofteffion within a few days. While Baron Leutrum was thus purfuing his advantage on the South jide of the Po, feveral Auftrian detachments were employed on the North Jidey in very ufefuldi- Gen. Brown having detached 8 or 9000 men from the Mantuan, under the command o f Gen. Bernclau, thefe troops came up with the rearguard of the Spaniards at a village near Codogno; which they attacked, two hours before dark, and forced them to abandon the village, with the lofs of fome men killed and taken ; or, as other accounts fav9 with the lofs of a whole regiment, that verfions; the French, in feveral polts of was cut to pieces. the Lumellina, abandoning them with much precipitation and diforder, as the Imperialifts approached, and in moft places leaving behind them their fick and magazines. A body of Auftrians attacked Zemo, and took 200 prifoners, with a Lieutenant-Colonel, two Captains, fix fubal- Upon this the Spaniards haftened towards their bridge on the Po, which it was fuppofed they would lofe no time in pafiing towardsplacentia. Gen. Bernclau propofed to attack the head of that bridge next day, and hoped he would be able to force i t ; after which he defigned to prefent himfelf before Pavia. terns, and 300 mules. At the fame time According to lateft advices from Italy, the Piedmoniefe with the Auftrians under Pr. Lichtenftein, having made preparations for attacking the French in their pofts upon the Scrivia, between Tortona and Sale, M. Maillebois retired into the Ge- a Major-General in the Spanifti fervice, who was come thither from Mortaro to reconnoitre, with a guard of 100 dragoons and miquelets, was taken by the huffars, who cut the greateft part of his detachment to pieces. noefe ftate between Gavi and Novi, where they were likewife endeavouring to har- Gen. Platz, having paffed the Po with eight battalions and eighteen companies of grenadeers, advanced to rafs him. attack Montcalvo, an important poft in the hills that divide the province of Cafal from that of A fti; but the three French The French had likewife evacuated Acqui, the caftle of which was a- gain garriloned by Piedmontefe troops; and that of Cafal was befieged in form by battalions that were quartered there found the Auftrians. means to efcape, as he drew near to inveft it. Upon this he marched forward to join Baron Leutrum, leaving forces fufrcient to blockade the caftle of Montcalvo; which foon furrendered ; and, befides 200 prifoners, pretty considerable magazines of pro* y o io V IIL Tis affured that at prefent there are great jealoufies and animo- fities between the Generals of the two crowns; in confequence of which, neither has M. de Gages fent a man to M. Maillebois, nor would the garrifon of Tortona, where there are 12 Spanilh battalions, ad- S mit

34 134 F O R E I G N HISTORY. March mit any French or their equipages. A l having been ten days at fea. A fmall courier is laid to have pafled through Mu veffel was fent out in fearch of the Glo- nich for Vienna on the 30th, with newi s riofo j but, according to lateft accounts, of the Spaniards having been attacked in ) that veffel had put into Vigo, without their retreat on the 27th, and having loft t hearing any thing of her; fo that it was rear 6000 men, killed and wounded.. apprehended fhe muft be loft. Thefe ad- Without reckoning upon this account till I it be better confirmed, the Auftrians and I Piedmontefe had made between 8 and I vices add, that the damage fuftained by the reft of the fhips was repairing with all diligence; that it was reported they would 9000 prifoners, from the beginning of f put to fea again, as foon as they were re- March to the 20th, with very fmall lofs ; fitted, which would not be till towards on their own fide, and recovered moft off the towns and territories that the armies i the latter end of April; and that they had landed a great number of fick men, o f the three crowns had been five or fix : which had occafioned the iffuingof orders months in gaining. for a new fupply from the refpective ports. The Auftrians give out, that the whole! The court of F rance has ftill conti- o f the French, Spaniards, Neapolitans,, nued bufy projecting fchemes for fending and Genoefe, do not at prefent amount to affiftance to the rebels in Scotland. It is 40,000 men. According to letters from faid that a perfon of note went to France Naples, the reinforcements coming to 1 in the Hazard floop, [/>. 88.], which failthem from that kingdom are 2000 horfe : ed from Montrofe about the end of Ja- and 3500 foot; but the French accounts ì nuary, and gave fuch an account of the make them amount to 10,000. affair at Falkirk, as infpired them with new courage to profecute their defign of The project of imbarking the Aultrian reinforcements for their army in Italy, at Triefte, ( an imbarkation. In a conference held at was laid afide, and they took quite another Verfailles, in prefence of the King, after route. By the affiduity of Gen. Berndau, his arrival, it is faid Card. Tencin could in prevailing on them to double their rot forbear difcovering unufual warmth, marches through the Tyrol, and by his having put them on board of floats,.which Gen. Brown had provided at Bolzano, in and fhewing great diffatisfaclion that the troops which were intended for Scotland were not gone, without waiting, as they order to their falling down the Adige, it had done, for the Spanifh fquadron. He is faid ten days have been gained. By faid, that, for want of thefe fuccours, the the 25th, about 22,000 of them were arrived, of whom Gen. Brown had the command ; and it was computed they would be 35,000 by the end of the month, befides the 13,000 formerly under Pr. Lichtenftein. Letters from M a d r id mention the great diligence of the Spanifh court in making preparations for this campaign in pretender s affairs had been much prejudiced, and would be irreparable, if the expedition was any longer delayed; that the King had troops enough, as well in Flanders as on the fide of Germany, to ward off any blow from either of thofe parts; and that it was chiefly proper to have always in view, what he had frequently declared, namely, that the fate of Italy. The Ferrol fquadron, which we Britain would abfolutely determine that have been often told was to join that at of Europe. Accordingly advices from Breft, failed at length, about the middle Dunkirk bear, that, on the three firit of February. days of March, feveral fhips failed from Having got to fome diftance, they met with a terrible ftorm ; in which the Caftilla, a 60 gun fhip, loft that port and Oftend, with fix battalions; and that preparations were then carrying her main mart ; the Gloriofo, of 70 guns, on for imbarking more. Within two was feparated from the reft in a very leaky condition; and others of them recei weeks after, five of thefe veffels had pat back to Dunkirk, of which only one had ved fome damage. This obliged them to landed her men and ftores. The others, put back, and they returned to anchor at the entrance o f the river of Ferrol, after miffing their expected fignals from the coaft, and fome of them having been chafed 1

35 March FOREIGN H I S T 0 R T. fed by the Britifti men of war, returned of which are between the gates of Schar- for farther orders. Another veffel, which beck and Louvain, and thofe of Namur had landed her money by a fifhing boat, and Halle. The French lie quiet in in the North of Scotland, but carried back Prince Waldeck s neighbourhood. That her men and llores, was chaled into the opening of Flufhing by a Britifh man of General ftill maintains his poll behind the Dyle without moleftation, and has ex* war. She had feveral men wounded, four tended the left of his cantonment almoft killed, and her foremall fo difabled as to beunferviceable j notwithftanding which, to Louvain, to facilitate the junction of Ihe Hole clofe along by the Flemifh coaft the Auftrian regiments, which arrive fucceflively from that fide. All the troops next morning, and got into Oftend. The that the States General can get together Captains of thofe veffels that returned are likewife repairing to his army. T he Britifh dragoons, which were imbarked at without landing their men were laid under arreft. It is credibly affirmed by letters from Zealand and Dutch Flanders, that the fame tranfports made a frefh attempt on the 26th N. S. at night, to ftretch over to Scotland ; but that falling in again with fome Britiih fhips of war, Williamftadt, inftead of failing for England, as was fuppofcd, difimbarked again, and advanced to their old cantonments in the territories of the States { from whence they were foon to march towards Antwerp. Tis faid that his Imperial Ma they were driven back the next day to jefty, having obtained 100,000 pounds Oltend; with what lofs or damage, is Sterling of addition to his ordinary fub- not yet known. There is yet much talk fidy from Britain, has refolved not only of the great preparations which are making at Boulogn and Calais for a confiderable imbarkation, to fail for Scotland, under convoy of the Breft fquadron. Some accounts make this fquadron to confift of 14. fhips of war, and others fwell their number to 25, fome privateers being included. The news from Italy have fomewhat difconcerted the French fchemes. We are told, that fearing more than ever, that the Spanifh court may fall off from to fend 10,000 men more into the Low Countries, but alfo to maintain 15,000 there at his own expence. M. Bathiani is arrived at the Hague, and it is thought he will fet out for the allied army, fo foon as he has fettled with their High Mighti* nefles the operations of the campaign. Mons and Charleroy are fo invironed by the French, that there is no entering or coming from either of thefe places without their leave. On the 26th of March, its dependence upon theirs, to prevent this, they have thought fit to fend M. Noailles to Madrid, with orders to affure their Catholick Majefties, that France is fo far from intending to do her own bu- O. S. at night, Pr.Waldeck fent a detachment of fix companies of Dutch and four of Auftrian grenadeers, with three free companies, fuftained by 2 or 300 horfe, to beat up the French quarters at Vilvor- finefs at the expence of her allies, that the den ; which poll they forced fword-in- is determined to have 40,000 men in Italy by the end of A pril; and that, if it hand; and, befides the killed, took 5 officers, 40 foldiers, and two cannon of 6 fhall be found neceflary, M. Maillebois pounders. fhall be relieved by another officer of the The greateft part of the garrifon faved itfelf in the caftle, and it was fame rank. It is allured that orders have fuppofed the Prince's detachment would aftually been given for 30,000 troops to march from Provence, Dauphiny and Al* not be able to maintain long poffeflion of the town. As the St a t e s -G eneral appear to face, for that purpofe ; and that, in confequence of this, an important expedition which was defigned on the fide of Ger- 'many, is laid afide, or at lealt delayed. Nothing of importance has happened be under confiderable uneafinefs on account of the late, arret of thofe privileges which their fubjedts trading into Fiance enjoyed by virtue o f treaties, it may not in the N etherlands fince the furrend- be amifs to give fome account of it. The er of Bruflfels. M. Lowendahl is making following is an extract, of the French* w fortifications to that town, the chief King s edift. recalling thofe privileges. S z T h e t o

36 F O R E I G N H I S T O R Y. M a r c h i n g The King in council having caufed to be laid before him the treaty of peace and friendfhip concluded on the iich of A - pril , at Utrecht, between the late King and the States-General of the U nited Netherlands, as alfo the treaty of commerce concluded at Verfailles Dec. 21. convention nor treaty of commerce.*' Six months before the publication of that arret, four Dutch veffels were feized at Quillebeouf, which M. Van Hoey reclaimed a- greeably to the treaty of commerce con* eluded in 1739, but without effedt at that time; and on the 21ft of December laft, an imbargo was laid at Rouen on ten fhips of the fame ration, five of which were ready to have failed the next day. His 1739; and his Majefty having more particularly taken notice of the ift and 4th articles of the faid treaty of Utrecht, and f the 1 ith and 41ft of the faid treaty of 1739, relating to the reciprocal treatment of (hips by the contracting parties in thofe treaties, in cafe of their entering the ports in either country; and being informed that the States General have, in contravention of the faid treaties, obliged feve- Majefty has however fince declared, that fuch Dutch (hips as were in the ports of his dominions before the above edidt was iflued, fhould not be comprehended in it, but fhould enjoy all the benefits of the treaty 1739; and that the Dutch fhould likewife preferve, till Dec , all the prerogatives to which they were intitled by virtue of that treaty with regard lal French privateers to abandon, in the to fait fi(h. Agreeably to this, the fhips ports of the States-General, the prizes that were put under an imbargo at Rouen which they had carried thither, and forced others to go out without receiving the fuccours of which they had need; and have been difcharged. Towards the end of February, Count Waffenaar went to Paris on an embafly that they had permitted the Englifh to from the States. The principal point of carry three (hips, which they had taken from the French Eaft India company, into a port of the faid States-General, where they were fold, and afterwards fent into Holland under the Dutch flag, in order to prevent their being retakenj and his M a jefty taking notice likewife of the infraction of the capitulations of Tournay and Dendermonde, hath thereupon in his council ordered, and doth hereby order, that for the future, and from the day of the publication of thefe prefents, the fubjedts of the States General of the United his negotiation was, to re*eftabli(h matters between France and the republick upon the footing they were before the arret; and then to prevail upon his Moft Chriftian Majefty to hearken to the propofals of peace with which he was charged. A letter from the Hague fays, It will be difficult to get off the arret, and to prevent the Danes and Swedes from taking the trade o f the herring fifhery out of our hands, if we perfift in oppofing the purfuits of France ; and if we do not, as far as human forefight can extend, we muft be Provinces fhall ceafe to enjoy, in the ports utterly undone. This delicate crifis engages our whole attention. Our ftate is and cities of this kingdom, all the privileges granted them by the faid treaties, sv. - Given in the council of State held in his Majefty s prefence at Verfailles, Dec. 3r- I745- Orders were immediately fent to all the ports of France for caufing this edict be in the condition of a (hip in a ftorm, where the only queftion is, Whether the merchandize is to be thrown over board, and loft? or, whether we muft lofe fhip, men, and merchandize together? -The French have allowed the States to ranfom their put in execution. In the letter written by his Majefty to the Duke of Penthievre, High Admiral of France, he fays, They [the fubjedtsof the/states-general] are to be treated, as well for their perfons, as for fick that were left inbruffels, but have hitherto refufed them the fame privilege with refpedt to the reft of that garrifon, which, in the mean time, they convey to the remoteft parts of France. their (hips, cargoes, goods and effedts, navigation and commerce, as other neutral nations are, with whom I have neither D O M E S T J C K HISTORY. The motions and operations o f the armies. B Y our laft accounts of the armier, in the February Magazine, the rebels were

37 F March Motions and operations o f the armies. 137 I were in different bodies. About 2000 or the 9th, from Aberdeen, the rebels flill 1them were on the banks of the Spey ; and i about 3 or 4000, with the pretender s Ton, pretended that they would defend the paffage o f the Spey. I at Invernefs. From this place, a detach- Lord John Drummond, who was chief of thofe in that part ment, with fome cannon, was fent to Fort ' Auguftus; and fmallpartieswere feen near of the country, with the remains of his regiment, and a few French horfe lately 1 Fort William. On the other hand, the landed, was at Gordon caftle. Their low ; King s army, with the Duke, was at A- country people, whom they fet at 3000, f berdeen, making ready for a march to Invernefs, which it was thought would take were at Elgin, Fochabers, and other places on both fides the Spey. They were fome days to form ; the Heffians, and intrenching themfelves, and preparing he-. fome dragoons, who were about Edin- i burgh, had got orders to march for Perth riffons and crow-feet to fpoil the fords; and Stirling ; Sir Andrew Agnew, with and they g;ive out that the clans were coming behind them. The pretender s fon 500 men, was at Blair j Capt. Weblter, himfel f was come to Elgin, and was then with 200, at Caftle Menzies, near Tay very ill there. The day before his arri bridge; fmall parties of the Argylefhire i highlanders, at two or three ports in the val at this place, fome people unknown were fliipped off in a fmall fifhing-veffel braes of Athol; and Maj -Gen. Camp- at Portfoy, which little harbour was ftill bell, after having been with the Duke at f Perth, was returned to Argylefliire. in the power of the rebels. G. As to the other body of the rebels, the lafl accounts About the beginning of March, the Heflian troops, with their artillery, & c. were, that after taking poffeflion of Invernefs and the caftle, [Fort Geotge], they fent one party over the frith of Murray moved from the neighbourhood of Edinburgh for Perth. Their route was by after Lord Loudon ; that another, of a- Stirling. bout 4 or 500, with the French piquets, The Prince, the Earl of Crawford, & c. left Holyroodhoufe on the 5 th, were gone to Fort Auguftus; that thefe and were that night at Hopeton-houfe. By the 10th, they had their head quarters, with the greàteft body of their troops, had taken the old barracks, and expelled to take the caftle in a few days; that the number of the rebels was daily increaiing ; at Perth. Thence his Serene Highnefs and that the pretender s fon, as they gave took a tour Northward, by Dunkeld, out, would go himfelf to the ifle of Sky, to raife men there. G. Among many reports Taymouth, & c. to reconnoitre, and returned to Perth on the 15th. Naizon s concerning the increafe of the rebels, one and Hamilton s dragoons marched about the middle of the month, by the fame route that the Heilians had taken. Purfuant to an order from the Duke [^.91.], the Heflian tranfports, about thirty four in number, failed from Leith road on the 2d, for Shields, with their convoy, the Gibraltar, Sheernefs, and a bomb-veffel. There they took on board tfc Dutch troops, and arrived with them in Holland about the end of the month. On the 5th, Bligh s regiment imbarked at Leith, and failed next day for Aber- is, That Lord Lovat joined them with 700 men ; another, That a private Gentleman having publiihed a fcheme, for tranfporting the difaffe&ed highlanders to America, to prevent any future infurreftions, this Lord procured a copy of it# tranflated it into the Irifh language, fhewed copies of it up and down the country, told the people the Duke was coming to put the fcheme in execution, and admonifbed them to rife, and defend their liberties, properties, wives, and children; and that they feemed determined to fol been. They were feveral times put back low his Lordfhip s advice. But we have by contrary winds, and did not reach the had neither of thefe by authority. deftined port till the 25th. Two days Mean time the difpofition and canton* before, 300 men belonging to different regiments, had arrived at Aberdeen by land. M. ment of the King s army were fo contiguous, that there was no reafon to apprehend any furprife. The whole of the According to letters from the D uke, o f infantry was within the towns of Old and New

38 t 138 Motions and operations o f the armies. March New Aberdeen ; and as foon as a great About the beginning of March an order itorm of (now, which fell on the nioht of was publifhed by the Duke, and read from the pulpits, commanding all thofe the 8th, was a little run off, it was propofed to march. Three Ring s fhipr* were who had been prefted into the rebellion, cruifing in the narrow frith of Murray, which it was hoped would effectually pre^* forthwith to deliver up their arms; and promifing to recommend to the Royal vent any attempt that might be made by mercy fuch as fhould comply. But'tis the French of afììaing the rebels at Invernefs. G. The Duke of Gordon arrived at the lead quarters at Aberdeen on the evening o f the 9th, from his own houfe, which he liad left the day before, on foot, and in the moft fccret manner he could, fhe rebels who lived upon his eftate having conliantly watched his Grace ever fince they faid that the difaffedted indultrioufly put a bad conftru&ion on his R Highnefs s merciful defign ; and that tho* fome had thereupon complied, yet that others had fled, and joined the rebels. C. Copies of a paper were brought to A- berdeen, which was printed, and difperfed all over the highlands, by the rebels, containing the reafons of their retreat from laad been there. G. Stirling. In it they fay. That, after the battle at Falkirk, a great part of their men defired to carry home the booty they had got there and in England, and promifed to be back again before the King s forces could poffibly be recruited, and come At Forfar, where each of the four di* vifions of the King s army iay a night, three French Irilh officers were concealed during the whole time; and after all the troops were paffed through, they were permitted to beat up for voluntiers there.' G. * again to attack them : Upon information that fome rebels, and, amoriglt others, Roy Stewart, were concealed in Aberdeen, the Duke ordered that they accordingly went, but not being come back when the King s army fet out from Edin» burgh, they thought it more prudent to fsarch to be made for them G ; but we retreat to B'air of Athol, than to hazard tiid not hear that any were found. A de* fjgn was formed at Montrofe, for the a battle : and that the reafon of their retreating ftill farther North, was, that tho* country-peopie to come down and refcue the rebel-prifoners; but fortunately King- they had taken from the King s army upwards of 1000 tents at Falkirk, yet they could not prevail on their men to make ft on s horfe being there, prevented the affair. ufe of them, who chofe rather to lie in The prifoners were thereupon ordered under a guard to Stirling. G. And upon Bligh s regiment being imbark- the open fields, in their ufual manner, ed at Leith for Aberdeen, fome difaffect- notwithflanding the feverity of the weather; that their leaders forefaw this muit ed perfons formed a defign to rife up, and break the prifon-doors at Edinburgh ; whereupon Lee s regiment was ordered to march thither from Berwick. G. The truth of this was doubted at Edinburgh Jkf. be very prejudicial to their healths, and therefore ordered them to retreat to Invenefs, till the weather became more favourable i and that then they would come South again, and make the uprightnefs *Tis added in the above letters from of their caufe to appear. St J. E v. Poft. the Duke, that his R. Highnefs had ordered Lord Loudon to come and join the army with all his highlanders; and that * S e e p. 92. cot. 2 par. 2. From the Ealtern coaft we fhall row remove our attention for a little to the the Monroes, Sutherlands, and the reft Weft. Here we find that early precau of the well-affe ted Northern clans, had tions had been taken for the fecurity of joined his Lordfhip, and would come with Fort William. him. Four companies, confiding of 310 Gen. Campbell threw into it upwards of 300 Argylefhire men, men, befides Serjeants, Corporals, and with a good engineer; and ordered the Drums, joined him from the Earl of Su Serpent and Baltimore Hoops to that ftati therland. According to accounts from on. GL y. Fifty men of Guife s regi Aberdeen of the 19th, however, hislordijiip \va<» ilill at Dornoch in Sutherland. G. * See /» in print. ment, who had been gathered together at Edinburgh under the command of the CaptA'ui;

39 %.March Motions and operations of the armies. 139 [ E Captain r i Lieutenant, t. ^ and fome other.» troops, «not get any farther, / I the t rebels 1 i 1 having / «i [ were likevvife ordered thither. Thefe pre- cautions foon came to be of ufe. By the guarded both fides of the narrows of Car* 14-th, the Duke had received the follow- ron for two miles on that fide Furt William. On the night of the 6th, the cen* ing accounts, dated the 4th, at Fort W illiam. We have advice here, that a party of the rebels, amounting to 1000 men, - is at Glenevis, within two miles of u s; 1 ; and that their train of artillery is to be [ to-morrow at Highbridge, which is fix tries at Ellanftalker faw feveral lights, which were thought to belong to the rebel parties marthing towards Fort Wifliam from Strathappin, which is near the rock on which Ellanlìalker callle ftands, and Appin houfe is not a mile from it. G a miles from this fort. W e have heard of Gen. Campbell having got notice at the taking of Fort Auguftus, and expedl Inverary, that the rebels had taken the to be attacked ; but Gov. Campbell is Baltimore s boat, and hearing that they determined to defend the place to the ut had likewife poftefted themfelves of the moft of his power. For fome days part pafs of Ardgour, fo that nothing could there have been fome fmall parties of rebels polled on each fide the narrows of Carron ; in which, on Saturday laft, they took one of the boats belonging to the Baltimore (loop, as (he was coming from pafs to or from Fort William, his Excellency caufed put four fwivel-guns, with ammunition, & c. on board the Vi&ory wherry, with an officer and 16 men, and a like number on board the Hopewell [ Scalleftall bay, and fent the crew prifoners floop, and fent them round. They failed f to their head quarters. As foon as we accordingly on the 8th. G/. J. bad intelligence of this accident, a council was called, confiding of land and fea Advice was received at Inverary the 1 ith, that the French, which were judged f officers, and a refolution taken to fend a not to be many, had come up to Fort ftrong party to diflodge the rebels. In William with the artillery on the 7th and confequence thereof, early this morning 8th ; and that they propofed to have a Capt. Afkew of the Serpent Hoop fent his boat with 27 men in it, another boat of the Baltimore s with 24 men, and a boat belonging to Fort William with 20, down battery ready to play on the 10th. GI. J. But by letters from Capt. Scot, who had thrown himfelf into Fort William, dated the 15th, the rebels had not-then begun j the narrows; day-light. where they all arrived by Capt. Afkew s men landed 1 firil, and were immediately attacked by a ; party of 80 rebels, who fired upon them, the fiege, but were bringing up their artillery for that purpofe. G. Four gunners fent by the Duke from Aberdeen, pafled through Glafgow on the 19th for Ì but without doing them any damage; and Fort William; and next day came into upon the reft of the men belonging to the that city from Edinburgh two companies boats coming up, the rebels fled. Our people purfued them, burnt the ferry-houfes on both fides of the water, and a little of Johnion s foot, defigned as a reinforcement for the fame place. Inverary give an account, Letters from that one of town with about twelve houfes in it, a thefe companies had marched from that quarter of a mile diftant from the ferry- town on the 28th, and would be next houfe on the North-fide, and deftroyed morning at Dunltafnage, where they had or brought off all their boats. Tw o of wherries ready to tranfport them to Fort the rebels were killed in this affair, and William. Tis added, that a deferter in feveral wounded. It was very lucky that formed, that there were not above 5 or our boats went down as they did ; for there was a boat with a party of militia in it, that was coming hither from Stalker caftle, which would probably have fallen 600 of the clans and 300 French before Fort William ; that on the 22d they began to fire with fix four-pounders and two eight-pounders, and talked of playing into the hands of the rebels, but for the fome great guns in two days after ; and Ikirmiih before mentioned. G. Capt. Frederick Scot came from Dunllafnage to Eilanftalkcr caftle on the 6 t h ; but could that Gov. Campbell had bravely defended the place, and, in order to prevent the rebels flielterirg themfelves near the fort, had

40 I 140 Motions and operations of the armies. March 1746,] * bad caufed burn the town of Maryburgh. C 1. y. As the rebels could not cut off the communication by fea, the garrifon was plentifully fupplied with provifions from In- The fhot from their cannon were two!;, thirds of them fix pounders. They threw! in 50 more of their royals on us, butdidlj us no further-harm than wounding 2 men.i 28th, They cannonaded us hard all thisl verary. The fiege was however continu forenoon. In the afternoon they were ed till the 3d of April, and then raifed. An officer in the fort gives the following compleat journal of it. filent} but were bufy erefting a new bat*l tery about 200 yards higher than their I fecond battery, and to the Weft of it, tol On the 24th of February this place fweep our whole parade. f was blockaded by the rebels, who they 29th, This morning, by break of day, f fay are 1500, they unmalked a new battery at the! including the French piquets. fiege. Brig. Stapleton commands the Craigs, of 3 brafs four pounders, within 100 yards of the walls, and cannonaded! Lochiel commands the highlanders, confiding chiefly of his own clan, the Macdonalds of Keppoch and Glenco, and the Stewarts of Appin. From the 24th February to the 20th March they kept every day firing, tho* us from that and the other 3 batteries.] As they carried a furnace along with them, V they threw in a great many hot bullets, 1 and fome bearded pieces of iron a foot 1 long, and inch thick, which they defigned I at a corifiderable diftance. On the 20th, fhould (lick in our timber work, and fet they began to raife batteries, and that us on fire. They fired grape and par* ' right threw in a great many cohorn-lhells of fix inches diameter, and above inch thick in the (hell. tridge fhot, and plied us hard from all hands with fmall arms; but have done os very little damage. j 21 ft, They began to cannonade from a battery of 3 guns, and that night threw in betwixt 60 and 70 more of thefe fliells 30th, They cannonaded us hard from 1 day-light till night, and continued throwing a few (hells and hot bullets, fome of upon us. which, after lying fome time on the 22d, They fent a French drum with a ground, could burn powder. fummons to furrender. 31 ft, Capt. Scot having ordered 12 men out of each company, amounting in all to He was not admitted into the garrifon, nor his credentials looked at. On his return, they plied about 150 men, to make a fally, they us hard all that day with their cannon, marched out about 11 o clock to the and betwixt 10 at night and 3 next morning, they threw in from one battery of 5 Craigs, about 100 yards from the garrifon, where the rebels had a battery; and another of 4 cohorn-mortars, nolels which, after a fmart lire, they ru(hed in than 194 of thofe large fliells. Thefe upon, and made themfeives mafters of 3 batteries are about 200 yards diftance from the walls. brafs four pounders, 2 mortars, and their furnace, being the fame they took from 23d, They cannonaded us very clofely Sir John Cope at Prefton. They fpiked this forenoon ; but, in the afternoon, we made a triple difcharge of 9 of our cannon, and 2 bomb-mortars, which filenced them. 24th, This morning they began again their cannonading from their firlt battery, which they continued on the 25th and 26th. 27th, They unmafked a fecond battery of 4 guns on the high ground above the Governor s garden, not above 200 yards dirtant; from which, and the other, they have fired 250 (hot, befides a continued lire o f fmall arms from the neareft battery. up 2 large mortars, which they could not bring away, with 1 brafs fix pounder, which they brought under the walls. They had all this time a warm fkirmilh with the rebels, and loft only 2 men, and had 3 wounded. W e brought in 2 prifoners, one of them a French gunner. April ill, This day they cannonaded us, but not very hotly. 2d, They continued cannonading, but not (o brifkly as ufual.» A t 10 at night they threw in 17 (hells, and fired 7 cannon, and gave over about 1 o'clock in the morning. T h is play was only toamufe us

41 March Motions and operations o f the armies. 14 r us while they were fpiking up their largeft cannon, and carrying off their fmall ones. jd, This forenoon, feeing no men a- bout their batteries, and obferving bodies of men travelling by the tops of the hills towards Fort Auguftus, we made a fally with about 500 men, but found the works by 70 of Johnfon's regiment; that the roofs of the fort were exceedingly damaged, and the old pile of barracks almoft quite beat down, both roof and walls; that there were not fix panes of glafs remaining in the windows; and that Capt.Scot had been indefatigable, both by night and abandoned. day, in eredting new works. We took the reft of the cannon and mortars, and brought them into the fort; fo have raifed the fiege glorioufly, and taken, in all, 4 brafs four pounders, 4 iron fix pounders, 9 mortars, and their furnace; and fince the commencement have only buried 6 men, and have All this while, Gen. Campbell was very bufy at Inverary, in preparing to oppofe the rebels in cafe they ftiould move that way. It was faid, about the beginning of March, That all the men in Argylelhire able to bear arms, were affem- about 24 wounded. T he roofs of the houfes, and fome of the rooms within, have fuffered a good deal from the fhells; bling at that place, and that two additional companies of the Scots fufileers who lay at Dumbarton, were likewife ordered which were fo heavy, that they often thither ; about the middle of the month, went down from the roof to the ground That there werethen ijoom en there, and before they broke. It feems they had 300 moreexpedted in a few days; and a- got a very preffing call elfe where, fince they did not take time to carry off their artillery, or even to hide them, which might have been eafily done. P. 5. We hav,e razed down their batteries, which were prodigioufly ftrong, fome of them being 27 foot from the front of theembrazure to the other fide. G l.j. Other accounts fay, that the men who {allied out on the 31ft were in two parties, one commanded by Capts Fofter and Maclachlan, the other by Capt* Paton and Whitway; that the former attacked and took the battery at the back ofthe craigs; that in another attack, made upon a four gun battery at the foot of the hill, tbe King s troops were repulfed, with the lofs of two men killed and a few wounded ; that their retreat was made in good order, under cover of the guns o f the fort; that they carried in two prifoners, one an Eng- Jifhman, the other a Frenchman, or rather a Spaniard; that this laft gave an account, that the befiegers were half llarving, and beginning to run fhort of am munition ; that the rebels loft a confiderable number of men, not only in their flight from the craigs, but in the fecond attack; that the Governor was wounded, bout the end of the month, That Maclean of Brolus had joined them with a company of his clan, and that the General had put the place in a good pofture of defence, having ordered 12 pieces of cannon thither from Greenock. Gl. J. By fome accounts from Argylefhire, twenty fix villages in Morven and places adjacent, poffefled chiefly by the Camerons, were burnt by a party fent afhore from the floops of war on the Weft coaft. G l. J. This, tho probably no other than what is related p ha?, as is reported, produced a kind of manifefto by Lochiei and Keppoch C. in which they exclaim a- gainft the Campbells, for burning houfes and corn, killing horfes, houghing cattle, ftripping women and children, and expofing them to the feverity of the weather in the open fields; threaten to make reprifals, if they can procure leave from their Prince, by entering Argylefhire, and acting there at difcretion, and by putting a Campbell to death (of whom feveral had lately been made prifoners in A- thol) for every houfe that fhould afterwards be burnt by that clan ; txtol the lenity and moderation of the rebels, notwithftanding the afperfions induftrioufly but not dangeroufly ; that the town of fpread to the contrary ; and infinuate, Marybargh and garden-walls were all levelled with the ground; that the garrifon were 600 in number, all in good fpirits, and were reinforced on the I ft p f A p ril V o l. VIII. % _ that thofe who gave orders for the burning, could not anfwer for it to the Britilh parliament. W ith regard to affairs in the inland T parts

42 142 Motions and operations of the armies. March 1746, parts of the country, the Duke had received pretty certain intelligence at Aberdeen, by the 14th, that Fort Auguftus was fallen into the rebels hands; and that the Argyleihire highlanders m different out* parties; one at the foot of Rannoch, under the command of Glenure ; others at Blairfetty, three miles North, and Kyni- garrifon, confiding of three companies of chan, three miles Weft of Blair. At two Guife s regiment, [14 0 men, G l. J. ], in the morning of the 17th, thefe outpar- were made prifoners of war. It Was not ties were all furprifed by the rebels, about at this time known how they had defended themfeives, as no accounts of what paffed had been got, either from Major Wentworth, who commanded, or any other officer of the garrifon. G. Other half a dozen killed, and the reft taken prifoners, except a few that efcaped. This corps of the rebels confilted of Macpherfons, Macintofhes, and fome Atholmen, in all about 700, under the command of advices fay, that the place was invefted on Lord George Murray. They marched the 23d of February, the third day after the rebels got poffeffion of Fort George, [/».92 ]; that the gmifon defended them- Jelves two days; but that their powder- from Ruthven only on the 16th. At Dalnafpeedal, fmall parties were detached to the three places above mentioned, and Ld George with the main body marched di* magazine taking fire, they were obliged redlly for Blair. He arrived at this place, to furrender. Gl, J. According to the above accounts from Aberdeen, of the 14th, the rebels were laying in their magazines and ftores at Fort Augultus; and and the three detachments at thofe to which they were refpeftively ordered, all about the fame time, fo as none of the Argylefhire parties could warn another of had blown up Fort George ; in doing their danger. In the evening, two of the which, their Chief Engineer, Col. Grant, was killed*. It was thought, that all the advantage they could gain by the taking thofe two forts, and the retreat of Lord Loudon, [/>. 9 1,2 ], would be, the drawing the feat of the war into the hills, and protra&ing it a little time. The only junttion they had gained there, was Tome few of the Mackenzies, headed by the rebels cannon, four-pounders, arrived at Blair; with which they began to play on the caftle in the morning of the 18th $ but did little hurt, other than damaging fome parts of the roof. Sir An drew Agnew, with his men, were blockaded in the caftle ; and guards were pofted by the rebels at both ends the pafs of Killichranky, and at all other paftes and avenues leading Lady Seafort. The Lord of that name, to Blair. The rebels were highly inra however, and the Laird of Macintcfh, were both with Lord Loudon ; but the wife of this laft was likewife in the rebellion. G. As to what happened to the South of this, by advices of the 4th from the Duke ged againft the King s troops, becaufe fome of their houfes in Athol had been plundered ; and feveral of the country-people, that had been formerly forced into the rebellion, and were returned home, joined Ld George upon his coming among them of Athol, the party of the rebels then at this time. Befides, the fiery crofs was neareft to Blair was at Dalnafpcedal, twelve miles to the North of i t ; from whence tolnvernefs they were in pofieirion of the whole country, and guarded the palles fo ftridly, that there was no getting any certain intelligence about them : Sir Andrew Agnew, with his 500 men, continued at Blair; and his Grace had fent a party to Mar, and retaken the young Laird of Invercauld, who was at his father s houfe upon parole G, having been made prifoner at Prefton. Befides the garrifons of regular forces at Blair and Caftle Menzies, there were about 200? See p zzz. ordered thro all places where they came, by which every man between fixteen and fixty years of age is required to appear, on pain of the fevereft military execution. It is certain that there were parties of them at Dunkeld and Invar, and fome fay at Nairn houfe, which is but five miles from Perth. The rebels were at this time in feveral large bodies and fmaller parties from the Weft to the Eaft feas; about 1500 at Fort William, Camerons, Macdonalds, Appin Stewarts, and fome French; much the fame number after Lord Loudon to Rofsfhire; the Gordons and lowlanders

43 March Motions and operations o f the armies. 143 landers upon the Spey j and the Macpner- proceeded Northward by Drumuacbker, fons, fome of the Macintofhes, and Athol- Gen. Wade s road. On notice of this, men, in Athol: lo that tho* there was fcarce 2000 in any one place, yet they could all join in three days. theieurl of Crawford, with a party of dragoons, marched, and arrived at Blair caltle on Thurfday at five o clock in the On the news of the rebels endeavouring morning. His Lordfliip was followed by to force the caftle of Blair, two Heffian battalions that had been left at Stirling, the Duke of Athol, and both were received by Sir Andrew Agnew. The Prince marched to Cuef on the 19th; and on the 24th, thofe at Perth, coniiiiing of four battalions, moved Northward, incamped that night at Nairn-houfe, next day 600 of them marched to Dunkeld, as did the reft on the 26th, and the two battalions from Crief were to incamp at T ay bridge of Ht fte fet out from Dunkeld for Blair on Friday, with all the cavalry and huffnrs, and was followed by 1000 foot. G. - Having ftaid a day or two at Blair, the troops returned to Dunkeld, and from thence the whole of them marched to Perth. Sir Andrew Agnew s conduct is on the 27th. G. From the 26th till the highly applauded. The garrifon were fo 31ft the Heffians continued at Dunkeld. In this time their huilars and the outfcouts of the rebels exchanged fome fhots; but without any hurt on either fide, other than the wounding of one huffar. On reduced, that they had nothing to live upon but horfe-flefh for fome days before the rebels left the country. C. Tis faid that the hufftrs have been guilty of irregularities in Athol. Monday the 31ft, 500 Heffians, with St A letter from Athol gives the following account of the fiege of Blair caflle. 1c gives me fome pain, to obferve that your George s dragoons, marched, and incamped at Dowallie, four miles from Dunkeld, on the road to Blair. Next day news-writers have taken fo little notice of they proceeded to PJtlochrie, which is but the gallant defence made by the garrifon fix miles from Blair. St George s dra* at Blair. The rebels, by marching all goons and the Heffian huffars, commanded by the Earl of Crawford, and accompanied by the Duke of Athol, were a good night, concealed their defign fo well, that they were within two miles of Blair before the garrifon had any notice of their way before the foot. At Pitlochrie an being nearer than Badenoch. How foon advanced party of the rebels drew up in order of battle to oppofe the King s troops. Ld Crawford drew up his men likewife, fent orders to the foot to haften their march, and difpatched an exprefs for a reinforcement from the Prince, who was they got intelligence, they with great a- lertnels carried their fick from one of the office-houfes near the cattle, and took in their horfes, with what forage and fuel was at hand. Afterwards Sir Andrew A - gne w dre w up his men before the caftle, and at Dunkeld. His Serene Highnefs immediately ordered 500 men to march ; which they did accordingly, and incamped on the Tuefday night at Dowallie. kept them under arms for fome hours, offering the rebels battle. But they were too wife to attack the Lieutenant-Colonel of the Scots fufileers, whofe bravery they But the rebels, before the foot were come were no Grangers to. When Sir Andrew up to Lord Crawford, retired ; and making?i fmall compafs, polled themfelves at the Eaft end of the pafs of Killichran- perceived that they kept themfelves behind park*dikes, he drew his men into the caltle, and made the proper difpofitions ky, about four miles from Blair. Lord for Handing a fiege. All Monday the Crawford with the dragoons remained at 17th of March, being the fait day of the Pitlochrie on Tuefday night; but the Hef- fiege, there was little firing. The rebels lians were recalled to Dunkeld ; and accordingly the whole were returned thither paraded round the caftle at a great diltance, endeavouring to make their numbers ap<* early on Wednefday morning. Mean pear as great as poffible. Early on Tuef time, inftead of defending the pafs of Kil- lichranky, the rebels quitted that poll on day morning they began to play upon the caltle with two pieces of cannon, a four Tuefday night, and retired to. Blair; whence, on W ednefday morning, they pounder and a three pounder. T s But obferving

44 144 Motions and operations of the armies, March 1746, Irving that no impreffion was made upon the wall, they pointed their cannon at the roof, and did a good deal of damage, efpecially after they began to throw redhot bullets, of which they threw a great many : but fuch was the alertnefs of the garrifon, that their carpenters were ready to cut out the bullets where-ever they fiuck, and to throw them out, or cool put lour men on board each, and, by the I favour of a thick fog, which lafted ei^ht 1 days, coafted round Tarbotnefs to Tayoe 1 in Rofsfhire, where a body of their men I lay. There they imbarked, to the num- 1 ber of 12 or 1500, under the command of the Duke of Perth, the Earl of Cromertie, and Clanronald ; and on the 20th of March, at eight in the morning, they crof- 1 them in water. The rebels, after having thrown 207 cannon bullets, of which 185 fed the ferry, and landed on the Sutherland fide, about two miles Weft of Dornoch, where 200 of Loudon s regiment were red hot, and did a good deal of damage to the roof and wainfcotting, fent were cantoned. On notice of the rebels off their cannon to Dalnacardich, foas not to retard them in cafe of a retreat; which landing, Eaftward. 140 of Loudon s men retired The other 60 were furprifed, they began to think of in good earneft when the Heffians approached. The Earl of Cravyford, at the head of the dragoons, and made prifoners; among whom were the Major, Mackenzie, Capt5Sutherland of Forfe, and Macintofh of that ilk, and and a detachment of the Heffians, having Adjutant Robert Grant. Lord Loudon ndvanced topitlochrie on Tuefday the ill had left Dornoch that morning about five o f April, the rebels quartered there formed, to give them battle. formed on the other fide. Lord Crawford On this the o clock, and gone Weftward, to reconnoitre the different paffes where the reft of his men were ftationed ; dreading nothing rebels retired ; with defign, as they gave out, to decoy the troops into the pafs of from that quarter, as he had carried ail the boats over to the oppofite ftiore, and Killichranky. But miffing their aim in judged it impracticable to bring any from this, and dreading left Lord Crawford ftiould fteal a march upon them thro the hills above Moulin, hearing likewife that there was a detachment marching from Tay bridge by Kynichan ; therefore, for fear of being inclofed, they decamped on Tuefday night, and marched off with great precipitation for Badenoch, after having almoft ruined the poor country they pretended to deliver, eating up the little meal that was left by the many parties who travelled thro it this year. After Sir Andrew Agnew had been a week fliut up, he found means to fend off two men from the caftle; who, about twelve at night, made their way through the rebelguards, and reached Perth next day before two o!clock in the afternoon, after having fetched a terrible compafs round the hills. It was obferved above, that a body of rthe rebels had gone after Lord Loudon. A fmall party of his regiment has been the Murray frith, three fhips of war being ftationed there. C. Advice has been received fince, that Lord Loudon, the LordPrefident, the Laird of Macleod, ÒV. with about 800 men, had got fafe into the ifle of Sky ; that Gen Campbell had fent them a fhip with provifions; and that they were foon expefted at Dunliafnage, to join the Argylefhiremen. T o return now to Aberdeen: By put* ting together all the intelligence got about the middle of March, it feemed pretty clear, that there were then few or none of the clans in Murray, or on that fide the country ; and that all the rebels then on the Spey, and which had made fome fhew, were the lowlanders, and the greateft part of the French. G. Maj.-Gen. Bland marched from Aberdeen on the 12th to Inverury and Old Meldrum, one march towards the Spey, with the battalion of the Royal Scots, furprifed, and taken prifoners, fome few Barrel s, Price s, and Cholmondeley s, only excepted, who made their efcape by flight. G. The particulars are thus related. The rebels havingcolle&ed a number of fifhiog-boats at Findhorn, and two other fmall places in the M urray frith, Cobham s dragoons, and Kingfton s horfe, having the Campbells before him, with the Laird of Grant and ioo of his followers. G. A dvice was fent to Aberdeen from Sionehivc

45 March 1746, Motions anà operations of the armies. 145 Stonehive on the 14th, that a dogger and fome other vefl els appeared off the coart, which they took to be French. G. The Duke having received intelligence on the 16th, that Roy Stewart was at Strathbogie, with about 1000 foot and 60 huflars, fent Col. Conway with orders to Maj. Gen. Bland, to attempt to furprife them, and if he fhould not fucceed in the church, and defended the church yard for above half an hour, during which there was very brifk firing, it is not doubted but the rebels paid dear for this advantage. G. Capt. Campbell, a Serjeant, and five private men of the King s troops were killed. M. By the 26th, the King s army were divided in three cantonments; the whole that, to attack them ; and his R. High- firft line, confiding of fix battalions, defs ordered Brig. Mordaunt, with four Kingfton s horfe, and Cobham s dragoons, battalions [the Scots fufileers, Brag s, under the command of Lord Albemarle Monro s, and Battereau s C] and four pieces of cannon, to march by break of day next morning to Old Meldrum, in order to fuftain Maj.-Gen. Bland, if there fhould be occafion. Accordingly Maj.- and Maj.-Gen. Bland, at Strathbogie, within twelve miles of the Spey ; the referve, confifting of three battalions, with four pieces of cannon, under the command of Brig. Mordaunt, at Old Meldrum, half way between Strathbogie and Aberdeen ; and the whole fecond line, confifting of the fix remaining battalions, (Bligh s having been then arrived), and Mark Kerr s dragoons, at Aberdeen. G. About this time, the advanced parties of the rebels and of the corps at Strathbogie were within a mile of each other every night; their fcouts and reconnoitring parties exchanged fome (hots; and, for fear Gen. Bland marched on the 17th towards Strathbogie, and was almoft within fight of the place when the rebels had the firft notice of his approach. Upon which they abandoned the town, and fled with the utmuft precipitation towards Keith. Gen. Bland s vanguard puftied their rear a good way beyond the river Deveron : but as the night was coming on, and the evening was wet and hazy, his Excellency ordered the troops to quit the purfuit. Not- of a furprife, the troops were kept under arms feveral nights fucceffively, being obliged to take what fleep they could get, in the day-time. M. According to letters from Aberdeen, of the 26th, certain intelligence had been received, that the Earl of Airly, father of Lord Ogilvy, was raifing his men, to join the rebels; and orders had been fent him by the Duke, to defift from fuch treal'on- withftanding which, the voluntiers, v iz. the Marquis of Granby, Col. Conway, Capt. Haldane, and feveral others, continued to purfuq the rebels at leaft two miles; whofe f^anick. was fo great, that it was concluded they would not halt long in a place till they had pafled the Spey. The Campbells, who had the van, behaved extremely w ell; as did alfo Kingfton s horfe, and in general all the troops. able practices. This, however, his Lord- It was reported from among the rebels, that Roy Stewart was killed by a (hot he received from one of Kingfton s men G ; or, according to other accounts, wounded in the arm. A Captain of highlanders, whom Gen. Bland detached with 70 highlanders and 30 of Kingflon s men, to Keith from Strathbogie, was furprifed [on the night of the 20th M~\, and loft his whole party, except a Corner, five men and two horfes, of Kingrton s, and one highlander, fhip did not comply with ; and therefore Capt. Hewett, with 100 recovered men who were coming up to the army, were fent to take pofiefiion of his houfe, and to make him prifoner in it, until his people fhould bring in their arms, and behave as became good fubjedls: which foon had fome good effect, as a number thereupon brought in their arms. G. [The Earl hasfince come to Edinburgh.] *Tis added, that his R. Highnefs had alfo ordered Major La Faufille, with 300 men, who made their efcape. The rebels fanout 400 C] marched from Fochabers in the night, furrounded Keith, and entered to go to Glenelk, one of the moft rebellious parts, to attack all whom he found in arms againft the government, and to f t both ends. A s ^he Campbells lay in burn the habitations of luch as had left I I them^

46 146 Motions and operations o f the armies, March them, and were with the rebels. G. A letter from Brechin fays, That they would certainly have been fwailowed up, if the Duke had not been To good as feud this detachment to their affiitance; for that one David Ferrier, an old fmuggler, bad, with a fmall party of rebels, taken up his quarters in Glenefk; had fent down parties almoft to the very ports of Brechin, and carried off men, horfes, arms, & c. and had raifed about 200 men inglenelkand Glenprofen: That Major LaFaufille made a trip toedzell, burnt the meeting-houfe c f Lethnet, and laid two or three of the richeft Jacobites under a fmall contribution ; that he next paid Lord Airly a vifit, traverfed Glenprofen and Clova, and there took fome greater freedoms; that he burnt or deftroyed all the meetinghoufes where-ever he cam e; that it colt fome pains to fave Glenefk from being burnt from end to end, being a nett of Jacobites ; and that thefe meafures, with fome threats, had had the defired effeft, all having fubmicted, and partly delivered Letters of the 26th from Kirkwall in Orkney give an account, that a Newf England fhtp, commanded by one Capt. Sinclair, of 14 guns, fome fwivels, 150 fmall arms, and about 10 barrels of gunpowder, loaded at Newcaftle, had put into Stromnef. on pretence of her being un* able to proceed in her voyage to Bolton, and was there feized by fix highianders and fix Orkneymen, afmed by the Captain; who it feems had a correfpondence with the rebels, and with a Gentleman in the Orkneys of known attachment to them. The crew fled, and the mate made his efcape. C. The Hazard floop, taken by the re* bels in November laft, and called the Prince Charles Stewart, which has been of great ufe to them, [/>.88.], is retaken. She was drove afhore at Oftend by two Englifh privateers, and thought to be<de* ftroyed ; but being afterwards repaired, fhe failed ; and, being an excellent failor, efcaped the vigilance and purfuit of iix or feven Englifh fhips that were cruifing off up their arms. that port to watch her. On the 24th of By the belt accounts at this time, there were fèw or none of the rebels left upon March, fhe was defcried by four Englilh fhips at anchor off Troup head. On fight the Spey ude, and they were removing all^ of them, (lie bor^ away. Thereupon the their magazines to the Northward of the Chain [.'i name given to the road leading from lnvernefs to Fort William] into Caichnefs. G. Some prifoners that made Sheernefs, Capt. Obrian, cut, gave her chace quite through Pentland frith, about 50 leagues, kept a running fight for five hours, and at laft run her aground in their efcape from them reported, that they Tongue bay. Here they landed their were in the utmoft diftrefs for provifions, infomuch that the raw green kail from the men late in the evening of the 25th, and came to a Gentleman s houfe oppofite to farmers yards were looked on as a feaft. C. Tongue, Lord Rea s militia, and about 100 men of Loudon s regiment, with the Captains Alexander Mackay, Sir Henry Monro, young Macleod, and Lord Charles Gordon, two fubalterns, and the Surgeon, all left by Lord Loudon in Sutherland when be went to Sky, were at this time A party of the rebels came to the Earl c f Findlater s houle at Cuilen on the 29th, with an order from the pretender s fon, to burn the houfe, unlefs his lleward and tenants immediately paid the cefs and levy that they demanded. G. Later advice1: fay, that they rifled the houfe. C. not far from Tongue, Several deferters that were come into * Lord Rea, on notice of the landing of the men, fent a boat with proper perfons to get intelligence of their numbers, & c. On whofe return, it Aberdeen by the 31ft, confirmpd the intelligence formerly received, that the rebel army were in great want of money, having had no pay for feven days before. G. They were endeavouring to imbark their lowlanders, and force them to pafs the Murray frith into Sutherland; was concerted by his Lordfhip and the officers, immediately to ccnveen as many of the men as lay neareft, and to run expreffes to fuch as were at a greater diitance, with orders to join them with all pofiible but 200 of Stonywood s men, whom they fpeed. About 50 of Loudon s men, and were attempting to ijnbark at Findhorn, deferted. Q, the like number of R ea s, marched by break*

47 March Motions and operations o f the armies. *47 break of day, and in two hours came up with the French ; who had forced a guide to lead them off in the night. The French I drew up, and being attacked, made feve- ral fires: but the highlanders, after difchargu.g their firelocks, attacked them letters from the Earl of Crotr.ertie with fire and fword, uolefs his men would fubmit to the rebels, and deliver up their arms, went foon after this to Edinburgh, with his family, as did Loudon s men to Aberdeen, both by fea, C. Capt.Obriàn fwora in hand. Thereupon the French, has fince failed to the frith of Forth, and having five or fix men killed, and as many has fent the two prizes, the Hazard, and ; more wounded, and feeing Capt. George Sinclair s fhip, to Leith-road. I Mackay coming up with a reinforcement I of frefh men, furrendered. They were car- The prifoners were carried to Berwick. C. While the army lay at Aberdeen, fome Iried prifoners to Tongue, and the fame of the foldiers difcovered an inclination sight put on board the Sheernels. One to ufe the fame freedoms there that had 1 highlander was wounded. There were in been taken in Perthlhire [/> 87.]. But it whole of the French, 20 officers, and 120 foldiers and failors; of which upwards is allured in feveral letters, that the Duke of 30 were killed and a good many difcountenanced fuch pra&ices. One dated at Aberdeen, March 24. fays, Some 1 wounded by the Sheernefs, before they detached parties having pillaged James I landed. A good deal of arms and ammu- Gordon of Cowbairdie s houfe, [who is in nition, with 13,000!. Sterling, all Eng- lifh gold, except 1000 French guineas, the rebellion, C.] ; and his Lady having, by Ld Forbes, her father, petitioned the ' was found on board. The officers taken Duke, his R. Highnefs thereupon ordered a ftrift inquiry to be made into the aret Col. Brown. O f Berwick s regij ment, Capts Macmahon and Rogers ; i Lieut Edw. and Will. Barnavals, Nugent, and Maurice. O f Hainault, Capt. Macmahon. Of Clare s, Lieut8Obrian,, Brimingham, and Ofborn. O f the Royal matter, and too guineas to be given the Lady for her Icfies; declaring that there never was an order for taking any effects belonging to the rebels, other than their cattle and forage, for that the reft Scots in France, Lieuts Barnaval and was to be left to the law. By this it ap Weyard. O f the French Gensd Arines, M. Shabillard. In the Spanilh fervice, Capt. Gould, Lieut. Hynd. O f the Trifh grenadeers in the Spanilh fervice, Capts Macpherfon, Sinclair, and Hay. A Spanilh Engineer, M. Faro. And M. Salbold, Captain of the Hazard. C. Intelligence was received by Lord Rea on the 29th, from Andrew Rofs SherifF- pears that his R.Highnefs knows not o f fome little outrages committed, but punifhes them whem known. S t j.e v.p o fl. It appear?, that fome officers were likewife criminal.-----lieut. Fawlie, of Fleming s regiment, was broke at Montrofe, on the 24th of February, for difobedience of orders, forfeiture of his word of honour, and prevarication before a court-martial depute of Orkney, that Capt. Sinclair, above mentioned, had laid an imbargo on twelve merchant-fhips in Stromnefs harbour; and defigned, with the afliftance of a rebel-party then at Kirkwall, under the command of Lord Macleod, fon of the Earl of Cromertie, to fecure them for the held on him in confequence of his plundering the houfe of Mr Oiiphant of Gafk, who is with the rebels. C. This was one of the Gentlemen who had fome of their houlhold-goods, & c. auctioned at Perth. What the orders were that Lieut. Fawlie difobeyed, or wherein he forfeited his ho ufe of the pretender. nour, is not mentioned; but the following Lord Rea immediately fent notice to the Sheernefs : which thereupon failed diredtly, relieved the merchant fhip?, and feized Sinclair s, cafe is more particular, (as inferted by order in the Edinburgh nevvs-papers), dated at Aberdeen, March 27. and figned by but he himfelf made his efcape. Capt. Lt-Col. D a vid Cunningbame, Prejident of Obrian found a good deal of fmall arm?, the court-martial, and by D a vid Bruce# broad fwords, ammunition, and feveral D, y. Advocate, v iz. ** A t a general treafonable letters on board. C. Lord Rea having been threatened by court martial held at Aberdeen the 23d day o f M arch inftant, b y order o f his R. High nek

48 1 4 8 Motions and operations o f the armies. March Highnefs William Duke of Cumberland, Ì5 c. à fc. à fc. the following fentence was pronounced againfl Enfign Daniel Hart, of late Sir Robert Monro s regiment, for extorting fix guineas from the wife of hood ; but his R. Highnefs propofed to march as foon as poffible. G. Several fmall parties came to Edinburgh from England during this month, regulars and irregulars, and marched to the pofu afligned them. Confiderable fums of mo* Francis Rofs merchant in Aberdeen, upon his promifmg to protect her houfe and Ihop, 'viz. It appearing evident to the court, from the preceeding depofitions, and the prifoner s onvn confejjion, that he is guilty o f the crimes laid to his charge, do therefore una- ney for the ufe of the army, and great quantities of ltores, provifions, àfc. have likewife come to Scotland from England. Lee s regiment from Berwick came to E' dinburgh on the 16th, and were quartered in the fuburbs. nimoufly adjudge him to be cafbiered, and rendered vicapable o f ever fernjing in any ca The Edinburgh regiment is ftill kept up. They do duty not pacity under his Majefty', and ordain this his fentence to be publickly read to him at the only in town, but likewife in Canongate, the caftle, àfc. when there is occafion; head o f the piquets j and require D a v id and twelve of them, with a Serjeant, went Bruce, Deputy Judge Advocate fo r his R. ìiighnefi s army, to tranjmit a copy o f the on the 3d of March for Blacknefs caftle, ten miles Weft of the city, to reinforce fentence to Edinburgh, to he infert in the the garrifon there. The freeholders of publick neves popers. the fhire of Mid-Lothian, at a general N.B. H isr.h ighnefs approved of the above fentence, and difcharged his following the army any further T w o foldiers of Fleming s regiment were hanged at Aberdeen, for plundering feveral houfes in that r.eighbourhood ; and a fpy was likewife executed there. The rebels did the fame by a meeting held on the 14th, refolved, that they fhould pay up their full cefs, without afking dedudlion of what they had been obliged to pay to the rebels. M. On the 27th, four furgeon-lads, who had attended the rebels in their expedition into England, and had been prifoners fome time in man for carrying letters to fome friends of the government. C. Great encomiums are daily made upon the Duke. One letter in particular from Aberdeen, of the 9th of March, fays, * His Royal Highnefs is in good health, and all degrees of people are charmed with his deportment. Even the difaffedted cannot help faying, that his prefence alone is equal to an army : and our friends, when they fee him equally attentive to bufinefs and diverfion, and as folicitous to pleafe, as to execute his office, afk us, whether the Duke was fent down to civilize, or to fubdue the North? W e anfwer, He is Edinburgh caftle, were fent under a guard for London ; and on the ift of April, feveral prifoners taken up on fufpicion at Perth, were brought to Edinburgh, four Gentlemen in a coach, the reft on foot, and committed to the caftle M ; but they were brought down the fame day to the city prifon. L o n d o n. ON the 28th of February, the tranf* ports from Williamftadt arrived in the Thames, having on board the t and fourth troops of horfe guards, the fecond troop of horfe grenadeer guards, the Royal regiment of horfe guards, and his come to do both. The late hard weather Majefty s own regiment of horfe. has afforded him leifure enough for the former; and as the air grows warmer, he Young M r RadclifFe, and four French officers, born in France, taken in the E- will infallibly take the neceffary meafures fperance, [M ag. 1745, for performing the latter; and till the feafon would allow, even Caefar himfelf mull have ftaid. Old Eng. According to letters from Aberdeen, of the 31 ft, the continued iil weather during the month of March, had raifed the w a ters of the Spey fo high, that the army ftill remained in that city and neighbour^ are difcharged from the tower; and the Count de Fitzjames, and fome other perfons of diftinclion taken bycom.knowles,[^.96]» are returned to France, all upon parole. By an order of council, dated March 20. the quarantine which fhips from the Mediterranean or Weft Barbary, were obliged to perform! is taken off. Cap*.

49 bmarch D O M E S T I C K HISTORY. 149 I Capt. Cheap, of the Wager ftorefliip, j one of Com. Anfon s fquadron, loft in the South fea, [Mag. 1745, ^.216], with the i Hon. Mr Byron, and M r Hamilton Lieu- tenant of marines, arrived at London on [ tbe 24th. They were brought in a cartel-ihip from Breft, where they came in,. the only South fea (hip that got fafc to port. j The fcheme of the ftate-lottery 1746 j is the fame with that for laft year, as in [ Mag. 1745, p Ventilators, an engine invented by the Rev. Dr Hales, are ordered to be put up in feveral apartments in Newgate, to bring trade and navigation o of this kingdom o in times of w ar: but upon the fecond reading, March 18. a motion being made for committing it, it paffed in the negative, Yeas 80, Noes 185. Among other refolutions of the committee on ways and means reported Feb. 24. one was, That there iliould be paid by the maker, upon all metal or preparation for the making of glafs in G. Britain, if crown, plate, flint, or white glafs, 9 s. 4d. and if green or any other glafs, 2 s. 4 d. per hundred weight. And a motion being made for recommitting this re- folution, it paffed in the negative, Yeas54, in wholefome air. A petition was prefented to the Com* Noes 145. refol.ved, On the 3d of March, it was t mons on the 25th of February, by feveral that tbefe duties fliould be extended to Ireland; and that a drawback merchants of London, in behalf of them- felves and the trade of the whole kingdom, reprefenting, That the navigation and commerce of thefe kingdoms have been greatly expofed, more efpecially of late, to the capture of our enemies, whereby many of his Majefty s fubje ls have on glafs made in G. Britain or Ireland, e- qual to the duty laid on like quantities of the metal or preparation, be allowed on exportation. Purfuant to thefe and o- ther refolutions, a bill was prefented next day, for laying feveral duties upon glafs and fpirituous liquors; and for raifing a been impoverifhed, the revenue greatly certain fum by annuities and a lottery, to. diminifhed, and the navy deprived of many able feamen ; that fince the ift of N o be charged on faid duties: which was a- greed to in the committee, on the 10th vember laft, upwards of 150 fliips have of March, 231 againft 132; and next been taken by the enemy, and many of them near our own coafts; that moll of thefe misfortunes might have been prevented, if the a t 1707, for the better fecuring the trade of this nation by cruifers and convoys, had been ftill in force; that tjie Ioffes already fuftained by his Maje- day, upon report, a motion being made for recommitting the bill, it pafled in the negative, Yeas 39, Noes 137. On the 19th the King gave the Royal aflènt to, An aft for granting to his Majefiy federal rates and duties upon glafs%and upon fp i fty s fubjedls concerned in trade, are fo rituous liquors ; and fo r raifing a certain heavy, that it will be impofiible for them to carry on their commerce, unlefs a lufficient number of (hips of war is kept conftantly cruifing in proper ftations, and regular convoys granted to their (hips much more frequently than they have hitherto been ; and that as the protection of our trade is a point of the greateft importance, fo our enemies know right well, that the whole landed intereft of G. Britain, its manufactures, riches, and power, and e- ven its exiftence as a great nation, depeod abfolutely upon the fafety and profperity fum o f money by annuities and a lottery, to be charged on the faid rates and duties ; and for obviating fotye doubts about making out orders at tbe exchequer for the monies advanced upon tbe credit o f tbe fait-duties granted and continued to his Majefiy by an aft o f the lali feffion o f parliament. An a ft to continue tbe duties fo r encouragement o f the coinage o f money. An a ft for punifhing mutiny and defertion, and fo r the better payment o f tbe army and their, quarters. An aft fo r the more eafy and fpeedy trial of its navigation and commerce; and o f fuch perfons as have levied, or Jball levy ; therefore praying redrefs. In confequence w ar againfi his Majefiy ; and fo r the better of this petition, a bill was brought in, for afcertaining tbe qualifications o f jurors, jjbe better protecting and fscufing the j&ot,.viii. W trials for high treafon or mijprifion o f U treaf<tox

50 150 Marriages, Births, Deaths, Preferments, &c. March 1746., treafon, *» /Aa/ part o f Great Britain called Scotland. See p /or repealing Jo much o f an a il 1 8. Mr John Wilfon, Minr at Carftairs At Youghall, Ireland, Maj. Richard ] BafTet, of Sir John Bruce-Hope s foot. ] faffed in the eleventh year o f the reign o f his A t York, L eut. Wan fell, of Ogle* I late Majefiy King George the Fit ft, intitled, thorpe s regiment. I A n a ft fo r regulating elections within the city o f London, and fo r preferring the peace, good order, and government o f the fa id city, relates to the making or pafjing o f aftst erdersj or ordinances in common council. An aft to enlarge the time for JuJlices o f the Peace to take and fuhfcribe the oath directed hy an aft made in the laji fefjion o f 20. At Pitfirren, aged 87, Sir Peter Hal- j ket-wedderburn of PitfirrenandGofsford The Lady of Capt. William Dal* I rymple, fon of the late LordPrefident, was I murdered in her own houfe, incavendiih ] Square, London, by Matthew Henderfon, j her foot-boy, about 17 years old, who had! been brought up in the family from five j parliament, intit led. An aft to amend and years of age. Being apprehended, hede- j render more effeftual an a d pajfed in the fifth year o f his prefent Majefiy s reign, intitled, An aft fo r the further qualification o f JuJlices o f the Peace. And to the Market-Harborough road bill, the Bethnell-Green church bill, and clared, that he attacked her, when afleep, I with an iron cleaver, and gave her feveral I wounds before fhe awaked ; after which ] fhe uttered thefe expreffions, Oh, Lori\ 1 nuhat is th a t! But he purfued his blows; and, in ftruggling, fhe tumbled out of bed, fix private bills. where he alfo repeated his blows. She t M arriages and B irths. had fix prodigious wounds on her head, O IR P eter Warburton, ofchearc 1 * (hire, was married to Lady Elizabeth Stanley, eldeft daughter of the Earl of Derby. 20. At London, Hon. Charles Flope- Weir of Craigiehall, Efq; to Mifs Vane, eldeft daughter of Hon. Henry Vane, Efq; one of her eyes cut out, both her cheekbones cut thro, and two placet of the head cut into the brain. Her other wounds were about forty. P r e f e r m e n t s.. I Taken from the London Gazette. The King has been pleafed to appoint, March 3. Lt-Col. Peter Naizon, to be 17. At London, the Lady of Lord Gower was delivered of a daughter. At London, the Duchefs of Roxburgh, o f a daughter. D E A X H S March, Mr John Steill, Minifter at Old Cumnock, aged Patrick Murray of Cherrytrees, Efq; aged At Epfom, Capt. John Ferniough, of the Welch fufileers. Capt. John Keen, of Johnfon s foot. 13. At Bath, Hon. Theophilus Fortefcue, brother of the Lord Clinton, and member for Devon. 13. AtDumblane, Mr Robert Douglas, Colonel of the dragoons late Col. Francis Lir gonier s, deceas'd. 3. Maj. John Grey, to be Lieutenant* Colonel o f Brig. Price's foot, in the room of Lt-Col. Jeffreys, deceas d. 3. Capt. William Deane, to be Lieu tenant-colonel o f the foot late Sir Robert Monro's, deceas d, in the room of Lt*Col. Biggar, deceas d. 3. Capt. John Petrie, to bt Major of Brig. Flemings foott in the room of Maj. Brown, deceas d. 3. Lemying Richardfon, Efq; to be Fort-Major of" Duncannon, in Ireland. 8. Hutton Perkins, Efq; to be Regifter an Epifcopal Minifter there. His father to the CommiJJioven o f Excife, in the room was Billiop of that fee at the revolution. 14. At Dublin, aged 60, Brig. Samuel Warter Whitfhed. 14. At London, Capt.-Lieut. Erfeine, of Cope s dragoons. 15. At Edinburgh, Mr Robert Purvis, late one of the magiltrates there. 15. At Edinburgh, Mr George Crookilwuks, Examiner of the Cuftoms. of John Blois, Efq; deceas d. 25. L o rd Archibald Hamilton, to be Mafier and one o f the Co?nmiJJtoners oj the Royal hofpital at Greenwich. 25. His Majetty has been pleafed grant unto Sir William Morden Harbord, of Gunton, Norfolk, Knight of the Bath, the dignity of a Baronet o f G, Britain. ^ (Iakw *

51 March Prefermentsy Mortality-bill, Prices, &c Taken from other papers. Buried within the city o f Edinburgh y an& His R. Highnefs the Duke of Cumber in the Wejl-kirk-yard, March land, eledled Chancellor of the univerfity of Within the city, Men 61, Women 44, St Andrenju s, and prefented with the mi* Children 68 ; in all 173. In the Weitnutesof his election in a gold box. kirk-yard, Men 7, Women 9, Chil- Alexander Earl of Leven, his Majejlys! dren 28 ; in all 44. In both 217. Decreafed this month 22. Cotnmijjioner to the General Afjfembly. William Grant, Efq; Lord-Advocate for A g e. N. D i s e a s e s,^. N. Scotland, in the room of Under 2 64 Aged ^ 12 Robert Craigie of Glendoig, Efq; who f z Sc 5 23 Ague is faid to be made one o f the Lords o f SeJJion, 15 & 10 9 Apoplexy in the room of Lord Balmerino, deceas d. 10 & I Ailhma z Mr Patrick Haldane, and Mr Alexander Home, Advocates, joint Solicitors for c l 1 1 zo Sc so 18 I Cancer oj j 30 & 4c 31 I Child-bed Scotland, in the room of Mr Robert Dun- & 40 Sc Chincough - 13 dasof Arnifton, junior, who has refigned. ^ I 50 & Colick Alexander Hamilton of Innerwick, Efq; fojimafier-general for Scotland, in the j 60 Sc Confumption & 80 6 Convulfion & 90 2 Cough and cold 5 19 & ico 1 1 Dropfy Q fio o & a b o v e i F ever' I Flux I Meagrtm ' I Mealies I Mortification 4. I Palfy Pleurify room of Sir John Inglis of Cramond. Com. Charles Knowles, Governor of Cape Breton, and Commander in chief of bis Majejiy s Jhipt on that Jlation. Emanuel Bowen, Geographer to the King, John Wynne, Lieutenant-Colonel, in the room of Lt-Col. Cope ; John Warburton, Major; William Higgins, a Captain ; Lewis Griffith, Captain-Lieutenant ; William Rofs, a Lieutenant; and Edward Yonge, a Cornet, in Molepworth's Royal regiment o f dragoons in Ireland. Small-pox Still-born j Suddenly George Raw Ton, a Second Lieutenant, j Teething 13 and Tho. Dillon, an Enfign, in Irw in's foot. I Tympany Jeffery Martin, a Second Lieutenant# { Water in the head 2 md Richard Rynd, an Enftgn, in Sir John Iruce-Hope's foot. John Caldwell, a Second Lieutenant, Haddington Pricesf March 7. Wheat, 12I. 6s. ill. 12s. 81. &7I. 10s. nd John V efey, an Enfign, infolliotf s foot. Commanders o f men o f w a r : C a p t. Wilams, o f the Britannia, a firft rate; C apt. )hn Curtis, o f the Buckingham, o f 70 m s ; Capt. Franklyn, (late o f therofe), the Dragont o f 60 g u n s ; Capt. Ifaac ri!fon, o f the Hare, C apt. Saunders, o f Phanixy both lately built, and Lieut. mng, o f the Amazon, all three o f 20 us; and L t D orrel, o f the J amaicafloop. New Members: T h o m a s G ore, E fq; >mmiflary-general o f the M ufters], Bear, I. 10 s. & 7 1. Oats, s s s. & 6K Peafe, s s. & 7I. Haddington Prices, A pril 4.? Wheat, & s. Bear, 9 I s. & s. Oats, s s. & s* Peafe, s. 81. & 7I. 6 s. Prices o f Stocks, &c. at London, March 29* S t o c k s. South *fea nothing Equiv. 9^ Porifmouth, in the room o f M artin Annuit. nothing India 156^ Jen, deceas d ; and John Symonds, for D.N ew 9 1 J bonds u s. difc. digan, in the room o f T h o n u s P ryfe,?as d. 'din. A p ril 1 j. Oat-meal 1 o d. W hite 3perc.ann. 75 Royal AfT. nothing Bank nothing London ditto 9! Circ os. pr. Emp. Loan nothing e-meai d. G ray Peafe meal 7 d.! -meal 7 d. Millipn bank noth. Eng. cop- 51. G 0 0 d s. %

52 152 N E W B O O K S, fc?r. March %% X G o o d s. Coals, Pool 35 s. Peafe 16 to 19 s. W heaten peck loaf 23d.P.M alt 16 Co 19 s. \Vheat26t03 i$.p.quart.b.mah 16 to 18 s. JRye s. H.Beans 13 to 16s. Barley 10 to 1 4 s. H o p s ^ l.to g l. 10s. A country Gentleman's remarks upon tbe I remonjirance o f the Roman Catholick mini-1 flers 6 d. 1 A prefent fo r a Prieji 6 d. The important queflion difcuffed. 1 s. j A differtation on nothing I s. Cats 12 to 14 s. H a y 36 s. p. load. The Jchemers fcrutiny. 6 d. j A letter to an eminent Britifh failor. 6 d. Mortality-bill from Feb. 2$. to March 25. The prefent condition o f G. Britain. 1 /, The furprijing hifiory o f a late long aitnu \ c h { nifiration. 6 d. The danger o f Great Britain and Ireland becoming a province to France. 1 s..a f W ith in the walls W ithout the walls pq ) In M id. and Surrey (_C ity and fub. W e lt Seafonable advice from an honeft fa'thr. 2 S. ] S e r m o n s. Fifty fermons on feveral fubjefls andocca 1 Jions. By Charles Wheatly, M. A. In N E W B O O K S. H ist o r ic a l and M is c e l l a n e o u s. T H E pelitical bijlory o f Europe ; being a co)'leftion of publick treaties, & c. 13 j. Jewed. Tbe hifl. of man. In 2 veil. I 2. 6s. 6d. A treatife on tobacco, tea, chocolate, and toffee. By Dr J ames. 2 s. 3 <voll s. A fermon preached before the houfe of Lords, J a n. 30. By the Bifbop of Chi* chefier. 6 d. A t the Mayor's chapel, Briflol, on tht fame occafion. By 7ho. Broughton. 6 d. Sermons againlt Popery. A fermon preached at W ate. By W. Webfler, D. D. Sopboclis tragcedite J'eptem, cum nova ver- A t Exeter. By M. Towgood. fione, & c. Per Tho.Johnfon, A.M. In 3 large volumes, s. 6 d. Sermons on the rebellion and fait. A fermon preached before tbe unherjtfj A vcord or t wo o f advice to M r War- btirton. 6 d. Some farther remarks on Mr Wefiey s lafi o f Oxford, AW On Nov. 5. and Dec. 18. ter houfe. By F. Potter. By Tho. War journal. By <Tho. Church, M. A. 2 s. A t Armagh. By C. W. Congreve. P O E T R V. On March 2. By N. Lane after, L. L. D. Poems and odes after the manner o f Ana- On the f a ft. By S. Lewis. reon. By T. Brecknock, Efqi 2 s. A t Northampton. By D r Dodderiàge. 6 d. Poems occafioned by the prefent rebellion. E D I N B U R G H. Taffydels. An heroick poem. I s. Seleft works o f Abp Leighton, viz. Eighteen fermons ; An expofition o f tbe creed\ A n epifile to William P itt, Efqi 6 d. Short verfes, in imitation o f long verfes. Lord's prayer, and ten commandments; T*vo difcourfes, on M atth. xxii. 37, 8, 9. and 6 d. Heb. viii. 10.; A flm t catecbifm ; and, One thoufand feven hundred forty fiv e. The art of poetry tronflated. 6 d. P o l i t i c a l and A n t i -Pa p i s t i c a l. The reaj'onablenefs o f mending and executing the laws againfl Papifh. 6 d. Serious thoughts on the prefent baneful growth o f Popery., 6 d. The conformity between Popery and Pagattifm. By T. Seward, M. A. 1 /. A Proteftant chatechifm againfl Popery. JBy S, Gough, M, A. 3 d. Ten fermons never before pubbjhed. To which is prefixed, An account o f tbe author's life and character. 6 s. D ivine providence adored attd.jufiifitd in the early death o f God's children and ftr <vants. A fermon preached at Bofion. B) Thomas Foxcroft. 6 d. A map o f his Majefly's roads from Edin burgh to lnnjernefsy Fort Auguflus and For, W illiam, and o f the countries adja(tntt 2, J plain, and 2 s. G d. coloured. %