Chapter XX (4)

In about a week after this intimation was received, the duke sent a person to the coffee-house, to inquire for Mr. Barnard, and tell him he would be glad to speak to him. The message was delivered, and Barnard declared he would wait upon his grace next Thursday, at half an hour after ten in the morning. He was punctual to his appointment, and no sooner appeared than the duke recognised him to be the person to whom he had spoke in the Park and the Abbey. Having conducted him into an apartment, and shut the door, he asked, as before, if he had anything to communicate: and was answered, as formerly, in the negative. Then the duke repeated every circumstance of this strange transaction; to which Barnard listened with attention and surprise, yet without exhibiting any marks of conscious guilt or confusion. The duke observing that it was matter of astonishment to see letters of such import written with the correctness of a scholar; the other replied, that a man might be very poor and very learned at the same time. When he saw the fourth letter, in which his name was mentioned, with the circumstance of his father’s absence, he said, “If is very odd, my father was then out of town.” An expression the more remarkable, as the letter was without date, and he could not, as an innocent man, be supposed to know at what time it was written. The duke having made him acquainted with the particulars, told him, that if he was innocent he ought to use his endeavours-to detect the writer of the letters, especially of the last, in which he was expressely named. To this admonition he returned no other answer but a smile, and then withdrew.--He was afterwards taken into custody, and tried at the Old Bailey,for sending a threatening letter, contrary to the statute; but no evidence could be found to prove the letters were of his handwriting: nor did any presumption appear against him, except his being in Hyde-Park, and in Westminster Abbey, at the time and place appointed in the first two letters. On the other hand, Mr. Barnard proved, that, on the Sunday when he saw the duke in Hyde-Park, he was on his way to Kensington on particular business, by his father’s order, signified to him that very morning: that he accordingly went thither, and dined with his uncle, in company with several other persons, to whom he related what had passed between the duke of Marlborough and him in the Park: that his being afterwards in Westminster Abbey was the effect of mere accident: that Mr. James Greenwood, his kinsman, who had lain that preceding night at his father’s house, desired him to dress himself, that they might walk together in the Park; and he did not comply with his request till after much solicitation: that he proposed to enter the Park without passing through the Abbey, but was prevailed upon by Mr. Greenwood, who expressed a desire of seeing the newly-erected monument of general Hardgrave: that as he had formerly communicated to his friend the strange circumstance of the duke’s speaking to him in Hyde-park, Mr. Greenwood no sooner saw that nobleman in the Abbey, than he gave notice to Mr. Barnard, who was very short-sighted; and that from his passing them several times, concluding he wanted to speak with Mr. Barnard alone, he quitted him and retired into the choir, that they might commune together without interruption. It likewise appeared, from undoubted evidence, that Barnard had often mentioned openly to his friends and acquaintance, the circumstance of what passed between him and the duke in the Park and in the Abbey; that his father was a man of unblemished reputation, and in affluent circumstances; that he himself was never reduced to any want, or such exigence as might impel him to any desperate methods of obtaining money; that his fidelity had been often tried, and his life always irreproachable. For these reasons he was acquitted of the crime laid to his charge, and the mystery remains to this day undiscovered.

After all, the author of the letters does not seem to have had any real design to extort money, because the scheme was very ill calculated for that purpose; and indeed could not possibly take effect without the most imminent risk of detection. Perhaps his aim was nothing more than to gratify a petulance and peculiarity of humour, by alarming the duke, exciting the curiosity of the public, puzzling the multitude, and giving rise to a thousand ridiculous conjectures. If anything more was intended, and the duke earnestly desired to know the extent of the scheme, he might, when he closeted the person suspected, have encouraged him to a declaration, by promising inviolable secrecy on his word and honour, in which any man would have confided as a sacred obligation. On the whole, it is surprising that the death of the duke, which happened in the course of this year, was never attributed to the secret practices of this incendiary correspondent, who had given him to understand that his vengeance, though slow, would not be the less certain.]

Footnote 485: Note 3 S, p. 485. The next bill that fell under the cognizance of the house, related to a law transaction, and was suggested by a petition presented in the name of the sheriffs, and grantees of post-fines under the crown of England. They enumerated and explained the difficulties under which they laboured, in raising and collecting these fines within the respective counties; particularly when the estate conveyed by fine was no more than a right of reversion, in which case they could not possibly levy the post-fine, unless the purchaser should obtain possession within the term of the sheriffalty, or pay it of his own free will, as they could not distrain while the lands were in possession of the donee. They therefore proposed a method for raising these post-fines, by a proper officer to be appointed for that purpose; and prayed that leave might be given to bring in a bill accordingly. This petition was seconded by a message from the king, importing, that his majesty, as far as his interest was concerned, gave his consent that the house might act in this affair as they should think propel.

The commons, in a committee of the whole house, having taken into consideration the merits of the petition, formed several resolutions; upon which a bill was founded for the more regular and easy collecting, accounting for, and paying of post-fines, which should be due to the crown, or to the grantees thereof under the crown, and for the ease of sheriffs in respect to the same. Before it passed into a law, however, it was opposed by a petition in favour of one William Daw, a lunatic, clerk of the king’s silver office, alleging, that should the bill pass, it would deprive the said Daw and his successors of an ancient fee belonging to his office, on searches made for post-fines by the under sheriffs of the several counties; therefore, praying that such provision might be made for the said lunatic as to the house should seem just and reasonable. This, and divers other petitions respecting the bill being discussed in the committee, it underwent several amendments, and was enacted into a law; the particulars of which cannot be properly understood without a previous explanation of this method of conveying estates; a subject obscure in itself, founded upon a seeming subterfuge of law, scarce reconcileable with the dictates of common sense, and consequently improper for the pen of an historian.]

[Footnote 490: Note 3 T, p. 490. As the curiosity of the reader may be interested in these resolutions, we shall here insert them for his satisfaction. The committee resolved, that the ell ought to contain one yard and one quarter, according to the yard mentioned in the third resolution of the former committee upon the subject of weights and measures; that the pole, or perch, should contain in length five such yards and a half; the furlong two hundred and twenty; and the mile one thousand seven hundred and sixty: that the superficial perch should contain thirty square yards and a quarter; the rood one thousand two hundred and ten; and the acre four thousand eight hundred and forty: that according to the fourth, fifth, and sixth resolutions of the former committee, upon the subject of weights and measures, agreed to by the house on the second day of June in the preceding year, the quart ought to contain seventy cubical inches and one half; the pint thirty-five and one quarter; the peck five hundred and sixty-four; and the bushel two thousand two hundred and fifty-six. That the several parts of the pound, mentioned in the eighth resolution of the former committee, examined and adjusted in presence of this committee,--viz. the half pound or six ounces, quarter of a pound or three ounces, two ounces, one ounce, two half ounces, the five-penny weight, three-penny weight, two-penny weight, and one-penny weight, the twelve grains, six grains, three grains, two grains, and two of one grain each,--ought to be the models of the several parts of the said pound, and to be used for sizing or adjusting weights for the future. That all weights exceeding a pound should be of brass, copper, bell-metal, or cast-iron; and all those of cast-iron should be made in the form, and with a handle of hammered iron, such as the pattern herewith produced, having the mark of the weight cast in the iron; and all the weights of a pound, or under, should be of gold, silver, brass, copper, or bell-metal. That all weights of cast-iron should have the initial letters of the name of the maker upon the upper bar of the handle; and all other weights should have the same, together with the mark of the weight, according to this standard, upon some convenient part thereof. That the yard, mentioned in the second resolution of the former committee upon the subject of weights and measures, agreed to by the house in the last session, being the standard of length, and the pound mentioned in the eighth resolution, being the standard of weight, ought to be deposited in the court of the receipt of the exchequer, and the chief baron, and the seal of office of the chamberlain of the exchequer, and not to be opened but by the order and in the presence of the chancellor of the exchequer and chief baron for the time being. That the most effectual means to ascertain uniformity in measures of length and weight, to be used throughout the realm, would he to appoint certain persons, at one particular office, with clerks and workmen under them, for the purpose only of fixing and adjusting, for the use of the subjects, all measures of length, and all weights, being parts, multiples, or certain proportions of the standards to be used for the future. That a model or pattern of the said standard yard, mentioned in the second resolution of the former committee, and now in the custody of the clerk of the house, and a model or pattern of the standard pound, mentioned in the eighth resolution of that committee, together with models or patterns of the parts of the said pound now presented to the house, and also of the multiples of the said pound, mentioned in this report (when the same are adjusted), should be kept in the said office, in custody of the said persons to be appointed for sizing weights and measures, under the seal of the chief baron of the exchequer for the time being; to be opened only by order of the said chief baron, in his presence, or the presence of one of the barons of the exchequer, on the application of the said persons, for the purpose of correcting and adjusting, as occasion should require, the patterns or models used at the said office, for sizing measures of length and weight delivered out to the subjects. That models or patterns of the said standard yard and standard pound aforesaid, and also models or patterns of the parts and multiples aforesaid of the said pound, should be lodged in the said office for the sizing of such measures of length or weight, as, being parts, multiples, or proportions of the said standards, should hereafter he required by any of his majesty’s subjects. That all measures of length and weight, sized at the said office, should be marked in some convenient part thereof, with such marks as should be thought expedient, to show the identity of the measures and weights sized at the said office, and to discover any frauds that may be committed therein. That the said office should he kept within a convenient distance of the court of exchequer at Westminster; and all the measures of length and weight, within a certain distance of London, should be corrected and re-assized, as occasion should require, at the said office. That, in order to enforce the uniformity in weights and measures to be used for the future, all persons appointed by the crown to act as justices of the peace in any county, city, or town corporate, being respectively counties within themselves, throughout the realm, should be empowered to hear and determine, and put the law in execution, in respect to weights and measures only, without any of them being obliged to sue out a _dedimus_, or to act in any other matter; and the said commissioners should be empowered to sue, imprison, inflict, or mitigate such penalties as should be thought proper; and have such other authorities as should be necessary for compelling the use of weights and measures, agreeably to the aforesaid standards. The models or patterns of the said standard yard and pound, and of the parts and multiples thereof, before-mentioned, should be distributed in each county, in such a manner as to be readily used for evidence in all eases where measures and weights should be questioned before the said commissioners, and for adjusting the same in a proper manner.]

[Footnote 504: Note 3 U, p. 504. The letter was to this effect: _To their excellencies Messrs. Hopson and Moore, general officers of his Britannic Majesty at Basseterre._ “Gentlemen--I have received the letter which your excellencies have done me the honour to write, of the twenty-fifth. You make me proposals which could arise from nothing but the facility with which you have got possession of the little town and citadel of Basseterre; for otherwise you ought to do me the justice to believe they could not be received. You have strength sufficient to subdue the exteriors of the island; but with respect to the interiors, the match between us is equal. As to the consequences that may attend my refusal, I am persuaded they will be no other than such as are prescribed by the laws of war. Should we be disappointed in this particular, we have a master powerful enough to revenge any injury we may sustain. “I am, with respect, “Gentlemen, “Your most obedient servant, “Nadau D’Etreil.” It is pretty remarkable, that the apprehension of cruel usage from the English, who are undoubtedly the most generous and humane enemies under the sun, not only prevailed among the common French soldiery throughout this whole war, but even infected officers of distinction, who ought to have been exempted from these prejudices, by a better acquaintance with life, and more liberal turn of thinking.]

[Footnote 505: Note 3 X, p. 505. The reasons assigned by the commodore for his conduct in this particular are these:--The bay of Dominique was the only place in which he could rendezvous and unite his squadron. Here he refreshed his men, who were grown sickly in consequence of subsisting on salt provisions. Here he supplied his ships with plenty of fresh water. Here he had intercourse once or twice every day with general Barrington, by means of small vessels which passed and repassed from one island to the other. By remaining in this situation, he likewise maintained a communication with the English Leeward Islands, which being in a defenceless condition, their inhabitants were constantly soliciting the commodore’s protection; and here he supported the army, the commander of which was unwilling that he should remove to a greater distance. Had he sailed to Port-Royal, he would have found the enemy’s squadron so disposed, that he could not have attacked them, unless M. de Bompart had been inclined to hazard an action. Had he anchored in the bay, all his cruisers must have been employed in conveying provisions and stores to the squadron. There he could not have procured either fresh provisions or water; nor could he have had any communication with, or intelligence from, the army in the Leeward Islands, in less than eight or ten days.]

[Footnote 511: Note 3 Y, p. 511. The following anecdote is so remarkable, and tends so much to the honour of the British soldiery, that we insert it without fear of the reader’s disapprobation:--Captain Ochterlony and ensign Peyton belonged to the regiment of brigadier-general Mouckton. They were nearly of an age, which did not exceed thirty: the first was a North Briton, the other a native of Ireland. Both were agreeable in person, and unblemished in character, and connected together by the ties of mutual friendship and esteem. On the day that preceded the battle, captain Ochterlony had been obliged to fight a duel with a German officer, in which, though he wounded and disarmed his antagonist, yet he himself received a dangerous hurt under the right arm, in consequence of which his friends insisted on his remaining in camp during the action of the next day, but his spirit was too great to comply with this remonstrance. He declared it should never be said that a scratch, received in a private rencounter, had prevented him from doing his duty, when his country required his service; and he took the field with a fusil in his hand, though he was hardly able to carry his arms. In leading up his men to the enemy’s intrenchment, he was shot through the lungs with a musquet ball, an accident which obliged him to part with his fusil: but he still continued advancing; until, by the loss of blood, he became too weak to proceed farther. About the same time Mr. Peyton was lamed by a shot, which shattered the small hone of his left leg. The soldiers, in their retreat, earnestly begged, with tears in their eyes, that captain Ochterlony would allow them to carry him and the ensign off the field. But he was so bigoted to a severe point of honour, that he would not quit the ground, though he desired they would take care of his ensign. Mr. Peyton, with a generous disdain, rejected their good offices, declaring, that he would not leave his captain in such a situation; and in a little time they remained the sole survivors of that part of the field.

Captain Ochterlony sat down by his friend; and, as they expected nothing but immediate death, they took leave of each other. Yet they were not altogether abandoned by the hope of being protected as prisoners: for the captain, seeing a French soldier with two Indians approach, started up, and accosting them in the French language, which he spoke perfectly well, expressed his expectation that they would treat him and his companion as officers, prisoners, and gentlemen. The two Indians seemed to be entirely under the conduct of the Frenchman, who coming up to Mr. Peyton, as he sat on the ground, snatched his laced hat from his head, and robbed the captain of his watch and money. This outrage was a signal to the Indians for murder and pillage. One of them, clubbing his firelock, struck at him behind, with a view to knock him down; but the blow missing his head, took place upon his shoulder. At the same instant the other Indian poured his shot into the breast of this unfortunate young gentleman; who cried out, “Oh, Peyton, the villain has shot me.” Not yet satisfied with cruelty, the barbarian sprung upon him, and stabbed him in the belly with his scalping-knife. The captain having parted with his fusil, had no weapon for his defence, as none of the officers wore swords in the action. The three ruffians, finding him still alive, endeavoured to strangle him with his own sash; and he was now upon his knees, struggling against them with surprising exertion. Mr. Peyton, at this juncture, having a double-barrelled musket in his hand, and seeing the distress of his friend, fired at one of the Indians, who dropped dead upon the spot. The other thinking the ensign would now be an easy prey, advanced towards him; and Mr. Peyton, having taken good aim at the distance of four yards, discharged his piece the second time, but it seemed to take no effect. The savage fired in his turn, and wounded the ensign in his shoulder; then, rushing upon him, thrust his bayonet through his body. He repeated the blow, which Mr. Peyton attempting to parry, received another wound in his left hand: nevertheless, he seized the Indian’s musket with the same hand, pulled him forwards, and with his right drawing a dagger which hung by his side, plunged it in the barbarian’s side. A violent struggle ensued: but at length Mr. Peyton was uppermost; and, with repeated strokes of his dagger, killed his antagonist outright. Here he was seized with an unaccountable emotion of curiosity, to know whether his shot had taken place on the body of the Indian: he accordingly turned him up; and, stripping off his blanket, perceived that the ball had penetrated quite through the cavity of the breast. Having thus obtained a dear-bought victory, he started up on one leg; and saw captain Ochterlony standing at the distance of sixty yards, close by the enemy’s breastwork, with the French soldier attending him. Mr. Peyton then called aloud,--“Captain Ochterlony, I am glad to see you have at last got under protection. Beware of that villain, who is more barbarous than the savages. God bless you, my dear captain! I see a party of Indians coming this way, and expect to be murdered immediately.” A number of those barbarians had for some time been employed on the left, in scalping and pillaging the dying and the dead that were left upon the field of battle; and above thirty of them were in full march to destroy Mr. Peyton. This gentleman knew he had no mercy to expect; for, should his life be spared for the present, they would have afterwards insisted upon sacrificing him to the manes of their brethren whom he had slain; and in that case he would have been put to death by the most excruciating tortures. Full of this idea, he snatched up his musket, and, notwithstanding his broken leg, ran about forty yards without halting: feeling himself now totally disabled, and incapable of proceeding one step farther, he loaded his piece, and presented it to the two foremost Indians, who stood aloof, waiting to be joined by their fellows; while the French, from their breastworks, kept up a continual fire of cannon and small arms upon this poor solitary and maimed gentleman. In this uncomfortable situation he stood, when he discerned at a distance a Highland officer, with a party of his men, skirting the plain towards the field of battle. He forthwith waved his hand in signal of distress, and being perceived by the officer, he detached three of his men to his assistance. These brave fellows hastened to him through the midst of a terrible fire, and one of them bore him off on his shoulders. The Highland officer was captain Macdonald of colonel Frasor’s battalion; who, understanding that a young gentleman, his kinsman, had dropped on the field of battle, had put himself at the head of this party, with which he penetrated to the middle of the field, drove a considerable number of the French and Indians before him, and finding his relation still unscalped, carried him off in triumph. Poor captain Ochterlony was conveyed to Quebec, where in a few days he died of his wounds. After the reduction of that place, the French surgeons who attended him declared, that in all probability he would have recovered of the two shots he had received in his breast, had he not been mortally wounded in the belly by the Indian’s scalping-knife.

As this very remarkable scene was acted in sight of both armies, general Townshend, in the sequel, expostulated with the French officers upon the inhumanity of keeping up such a severe fire against two wounded gentlemen who were disabled, and destitute of all hope of escaping. They answered that the fire was not made by the regulars, but by the Canadians and savages, whom it was not in the power of discipline to restrain.]

[Footnote 513: Note 3 Z, p. 513. How far the success of this attempt depended upon accident, may be conceived from the following particulars:--In the twilight, two French deserters were carried on board a ship of war, commanded by captain Smith, and lying at anchor near the north shore. They told him that the garrison of Quebec expected that night to receive a convoy of provisions, sent down the river in boats from the detachment above, commanded by M. de Bouganville. These deserters, standing upon deck, and perceiving the English boats with the troops gliding down the river in the dark, began to shout and make a noise, declaring they were part of the expected convoy, captain Smith, who was ignorant of general Wolfe’s design, believing their affirmation, had actually given orders to point the guns at the British troops; when the general, perceiving a commotion on board, rowed alongside in person and prevented the discharge, which would have alarmed the town, and entirely frustrated the attempt.

The French had posted sentries along shore, to challenge boats and vessels, and give the alarm occasionally. The first boat that contained the English troops being questioned accordingly, a captain of Eraser’s regiment, who had served in Holland, and who was perfectly well acquainted with the French language and customs, answered without hesitation to _Qui vit?_ which is their challenging word, _La France_: nor was he at a loss to answer the second question, which was much more particular and difficult. When the sentinel demanded _a quell regiment?_ to what regiment? the captain replied, _De la Reine_; which he knew, by accident, to be one of those that composed the body commanded by Bougainville. The soldier took it for granted this was the expected convoy; and saying _Passe_, allowed all the boats to proceed without further question. In the same manner the other sentries were deceived; though one, more wary than the rest, came running down to the water’s edge, and called, “_Pourquoi est ce que vous ne parlez plus haut?_ Why don’t you speak with an audible voice?” To this interrogation, which implied doubt, the captain answered, with admirable presence of mind, in a soft tone of voice, “_Tai toi! nous serons entendues!_Hush! we shall be overheard and discovered!” Thus cautioned, the sentry retired without further altercation. The midshipman who piloted the first boat, passing by the landing place in the dark, the same captain, who knew it from his having been posted formerly with his company on the other side of the river, insisted on the pilot’s being mistaken; and commanded the rowers to put ashore in the proper place, or at least very near it.

When general Wolfe landed, and saw the difficulty of ascending the precipice, he said to the same officer in a familiar strain, “I don’t believe there is any possibility of getting up; but you must do your endeavour.” The narrow path that slanted up the hill from the landing place the enemy had broken up, and rendered impassible by cross ditches, besides the intrenchment at the top: in every other part the hill was so steep and dangerous, that the soldiers were obliged to pull themselves up by the roots and boughs of trees growing on both sides of the path.]

[Footnote 515: Note 4 A, p. 515 The chagrin and mortification of Lally are strongly marked in the following intercepted letter to M. de Legret, dated from the camp before Madras:--

“A good blow might be struck here: there is a ship in the road, of twenty guns, laden with all the riches of Madras, which it is said will remain there till the 20th. The expedition is just arrived, but M. Gerlin is not a man to attack her; for she has made him run away once before. The Bristol, on the other hand, did but just make her appearance before St. Thomas; and, on the vague report of thirteen ships coming from Porto-Novo, she took fright; and, after landing the provisions with which she was laden, she would not stay long enough even to take on board twelve of her own guns, which she had lent us for the siege.

“If I was the judge of the point of honour of the company’s officers, I would break him like glass, as well as some others of them.

“The Fidelle, or the Harlem, or even the aforesaid Bristol, with her twelve guns restored to her, would be sufficient to make themselves masters of the English ship, if they could manage so as to get to windward of her in the night. Maugendre and Tremillier are said to be good men; and were they employed only to transport two hundred wounded men that we have here, their service would be of importance.

“We remain still in the same position: the breach made these fifteen days, all the time within fifty toises of the wall of the place, and never holding up our heads to look at it.

“I reckon we shall, on our arrival at Pondieherry, endeavour to learn some other trade, for this of war requires too much patience.

“Of one thousand five hundred sepoys which attended our army, I reckon near eight hundred are employed upon the road to Pondieherry, laden with sugar, pepper, and other goods; and as for the coulis, they are all employed for the same purpose, from the first day we came here.

“I am taking my measures from this day to set fire to the Black-town, and to blow up the powder-mills.

“You will never imagine that fifty French deserters, and one hundred Swiss, are actually stopping the progress of two thousand men of the king and company’s troops, which are still here existing, notwithstanding the exaggerated accounts that every one makes here according to his own fancy, of the slaughter that has been made of them; and you will be still more surprised if I tell you, that, were it not lor the combats and four battles we sustained, and for the batteries which failed, or, to speak more properly, which were unskilfully made, we should not have lost fifty men, from the commencement of the siege to this day. I have written to M. de Larche, that if he persists in not coming here, let who will raise money upon the Poleagers for me, I will not do it; and I renounce (as I informed you a month ago I would do) meddling directly or indirectly with any thing whatever that may have relation to your administration, whether civil or military. For I had rather go and command the Caffrees of Madagascar than remain in this Sodom, which it is impossible but the fire of the English must destroy sooner or later, even though that from heaven should not. “I have the honour to be, &c. &c. (Signed) “LALLY.”

“P. S.--I think it necessary to apprize you, that as M. de Soupire has refused to take upon him the command of this army, which I have offered to him, and which he is empowered to accept, by having received from the court a duplicate of my commission, you must of necessity, together with the council, take it upon you. For my part, I undertake only to bring it back either to Arcot or Sadraste. Send, therefore, your orders, or come yourselves to command it; for I shall quit it upon my arrival there.”]

[Footnote 521: Note 4 B, p. 521. That the general was not pleased with the behaviour of lord George Sackville, may be gathered from the following compliment to the marquis of Granby, implying a severe reflection upon his superior in command.

_Orders of his serene highness prince Ferdinand of Brunswick, relative to the behaviour of the troops under him, at the famous battle near Minden, on the first of August, 1759._

“His serene highness ordered his greatest thanks to be given to the whole army, for their bravery and good behaviour yesterday, particularly to the English infantry, and the two battalions of Hanoverian guards; to all the cavalry of the left wing; and to general Wan-genheim’s corps, particularly the regiment of Holstein, the Hessian cavalry, the Hanoverian regiment du corps, and Hammerstin’s; the same to all the brigades of heavy artillery. His serene highness declares publicly, that, next to God, he attributes the glory of the day to the intrepidity and extraordinary good behaviour of these troops, which he assures them he shall retain the strongest sense of as long as he lives; and if ever, upon any occasion, he shall be able to serve these brave troops, or any of them in particular, it will give him the utmost pleasure. His serene highness orders his particular thanks to be likewise given to general Sporeken, the duke of Holstein, lieutenant-generals Imhoff and Urf. His serene highness is extremely obliged to the count de Buckebourg, for his extraordinary care and trouble in the management of the artillery, which was served with great effect: likewise to the commanding officers of the several brigades of artillery, viz. colonel Browne, lieutenant-colonel Hutte, Major Hasse, and the three English captains, Philips, Drummond, and Foy. His serene highness thinks himself infinitely obliged to major-generals Waldegrave and Kingsley, for their great courage, and the good order in which they conducted their brigades. His serene highness further orders it to be declared to lieutenant-general the marquis of Grandby, that he is persuaded that, if he had had the good fortune to have had him at the head of the cavalry of the right wing, his presence would have greatly contributed to make the decision of that day more complete and more brilliant. In short, his serene highness orders that those of his suite whose behaviour he most admired be named, as the duke of Richmond, colonel Fitzroy, captain Ligonier, colonel Watson, captain Wilson, aidecamp to major-general Waldegrave, adjutant, generals Erstorff, Bulow, Durendolle, the counts Tobe and Malerti; his serene highness having much reason tobe satisfied with their conduct. And his serene highness desires and orders the generals of the army, that upon all occasions when orders are brought to them by his aids-de-camp, that they may be obeyed punctually, and without delay.”]

[Footnote 522: Note 4 C, p. 522. The following extracts of letters from the duke de Belleisle to the mareschal de Contades, will convey some idea of the virtue, policy, and necessities of the French ministry:--

“I am still afraid that Fischer sets out too late: it is, however, very important, and very essential, that we should raise large contributions. I see no other resource for our most urgent expenses, and for refitting the troops, but in the money we may draw from the enemy’s country, from whence we must likewise procure subsistence of all kinds (independently of the money), that is to say, hay, straw, oats for the winter, bread, corn, cattle, horses, even men to recruit our foreign troops. The war must not be prolonged; and perhaps it may be necessary, according to the events which may happen between this time and the end of September, to make a downright desert before the line of the quarters which it may be thought proper to keep during the winter, in order that the enemy may be under a real impossibility of approaching us: at the same time reserving for ourselves a bare subsistence on the route which may be the most convenient for us to take, in the middle of winter, to beat up or seize upon the enemy’s quarters. That this object may be fulfilled, I cause the greatest assiduity to be used in preparing what is necessary for having all your troops, without exception, well clothed, well armed, well equipped, and well refitted, in every respect, before the end of November, with new tents; in order that, if it should be advisable for the king’s political and military affairs, you may be able to assemble the whole or part of your army, to act offensively and with vigour, from the beginning of January; and that you may have the satisfaction to show your enemies and all Europe, that the French know how to act and carry on war in all seasons, when they have such a general as you are, and a minister of the department of war that can foresee and concert matters with the general.

“You must be sensible, sir, that what I say to you may become not only useful and honourable, but perhaps even necessary, with respect to what you know, and of which I shall say no more in a private letter.

“M. duc de BELLEISLE.”

“After observing all the formalities due to the magistrates of Cologne, you must seize on their great artillery by force, telling them that you do so for their own defence against the common enemy of the empire; that you will restore them when their city has nothing further to fear, &c. After all, you must take everything you have occasion for, and give them receipts for it.--

“You must, at any rate, consume all sorts of subsistence on the higher Lippe, Paderborn, and Warsburg; you must destroy everything which you cannot consume, so as to make a desert of all Westphalia, from Lipstadt and Munster, as far as the Rhine, on one hand: and on the other, from the higher Lippe and Paderborn, as far as Cassel; that the enemy may find it quite impracticable to direct their march to the Rhine, or the lower Roer; and this with regard to your army, and with regard to the army under M. de Soubise, that they may not have it in their power to take possession of Cassel, and much less to march to Marburg, or to the quarters which he will have along the Lahn, or to those which you will occupy, from the lower part of the left side of the Roer, and on the right side of the Rhine, as far as Dusseldorp, and at Cologne.”--

“You know the necessity of consuming or destroying, as far as is possible, all the subsistence, especially the forage betwixt the Weser and the Rhine on the one hand, and on the other betwixt the Lippe, the bishopric of Paderborn, the Dymel, the Fulda, and the Nerra; and so to make a desert of Westphalia and Hesse.”--

“Although the prince of Waldeck appears outwardly neutral, he is very ill-disposed, and deserves very little favour. You ought, therefore, to make no scruple of taking all you find in that territory: but this must be done in an orderly manner, giving receipts, and observing the most exact discipline. All the subsistence you leave in this country will fall to the enemy’s share, who will, by that means, be enabled to advance to the Lahn, and towards the quarters which you are to occupy on the left side of the Roer. It is therefore a precaution become in a manner indispensably necessary, to carry it all away from thence.”--

“The question now is, what plan you shall think most proper for accomplishing, in the quickest and surest manner, our great purpose: which must be to consume, carry off, or destroy, all the forage and subsistence of the country which we cannot keep possession of.”--

“The upper part of the Lippe, and the country of Paderborn, are the most plentiful; they must therefore be eat to the very roots.”.....

“You did mighty well to talk in the most absolute tone with regard to the necessaries Racroth and Duysbourg must furnish our troops: it is necessary to speak in that tone to Germans; and you will find your account in using the same to the regencies of the elector of Cologne, and still more to that of the palatine.

“After using all becoming ceremony, as we have the power in our hands, we must make use of it, and draw from the country of Bergue what shall be necessary for the subsistence of the garrison of Dusseldorp, and of the light troops, and reserve what may be brought thither from Alsace and the bishoprics for a case of necessity.”]

[Footnote 523: Note 4 D, p. 523. _The following declarations were published by count Dohna, the Prussian general, on his entering Poland with a body of Prussian troops._

_On the 15th of June._

His Prussian majesty, finding himself under a necessity to cause part of his armies to enter the territories of the republic of Poland, in order to protect them against the threatened invasion of the enemy; declares that,--

It must not be understood that his majesty, by this step taken, intends to make any breach in the regard he has always had for the illustrious republic of Poland, or to lessen the good understanding which has hitherto subsisted between them: but, on the contrary, to strengthen the same, in expectation that the illustrious republic will on its part act with the like neighbourly and friendly good-will as is granted to the enemy, than which nothing more is desired.

The nobility, gentry, and magistracy, in their respective districts, between the frontiers of Prussia, so far as beyond Posen, are required to furnish all kinds of provisions, corn, and forage necessary to support an army of 40,000 men, with the utmost despatch, with an assurance of being paid ready money for the same. But if, contrary to expectation, any deficiency should happen in supplying this demand, his majesty’s troops will be obliged to forage, and use the same means as those taken by the enemy for their subsistence.

In confidence, therefore, that the several jurisdictions upon the Prussian frontiers, within the territories of Poland, will exert themselves to comply with this demand as soon as possible, for the subsistence of the royal army of Prussia, they are assured that thereby all disorders will be prevented, and whatever is delivered will be paid for in ready money.

_On the 17th of June._ It was with the greatest astonishment that the king, my most gracious lord and master, heard that several of his own subjects had suffered themselves to be seduced from their allegiance, so far as to enter into the service of a potentate with whom he is at war; his majesty, therefore, makes known by these presents, that all of his subjects serving in the enemy’s armies, who shall be taken with arms in their hands, shall, agreeable to all laws, be sentenced to be hanged without mercy, as traitors to their king and country, of which all whom it may concern are desired to take notice, &c.

_On the 22nd of June._ We invite and desire that the nobility, archbishops, bishops, abbeys, convents, seignories, magistrates, and inhabitants of the republic of Poland, on the road to Posnania, and beyond it, would repair in person or by deputies, in the course of this week, or as soon after as possible, to the Prussian head-quarters, there to treat with the commander-in-chief, or the commissary at war, for the delivery of forage and provisions for the subsistence of the army, to be paid for with ready money.

We promise and assure ourselves that no person in Poland will attempt to seduce the Prussian troops to desert; that no assistance will be given them in such perfidious practices; that they will neither be sheltered, concealed, nor lodged; which would be followed by very disagreeable consequences: we expect, on the contrary, that persons of all ranks and conditions will stop any runaway or deserter, and deliver him up at the first advanced post, or at the head-quarters; and all expenses attending the same shall be paid, and a reasonable gratification superadded.

If any one hath inclination to enter into the king of Prussia’s service, with an intention to behave well and faithfully, he may apply to the head-quarters, and be assured of a capitulation for three or four years.

If any prince or member of the republic of Poland be disposed to assemble a body of men, and to join in a troop or in a company of the Prussian army, to make a common cause with it, he may depend on a gracious reception, and that due regard will be shown to his merit, &c.]

[Footnote 526: Note 4 E, p. 526. The obstinacy of the powers in opposition to Great Britain and Prussia appeared still more remarkable in their slighting the following declaration, which duke Louis of Brunswick delivered to their ministers at the Hague, in the month of December, after Quebec was reduced, and the fleet of France totally defeated:

“Their Britannic and Prussian majesties, moved with compassion at the mischief which the war that has been kindled for some years has already occasioned, and must necessarily produce, would think themselves wanting to the duties of humanity, and particularly to their tender concern for the preservation and well-being of their respective kingdoms and subjects, if they neglected the proper means to put a stop to the progress of so severe a calamity, and to contribute to the re-establishment of public tranquillity. In this view, and in order to manifest the purity of their intentions in this respect, their said majesties have determined to make the following declaration, viz.--

“That they are ready to send plenipotentiaries to the place which, shall be thought most proper, in order there to treat, conjointly, of a solid and general peace with those whom the belligerent parties should think fit to authorize, on their part, for the attaining so salutary an end.”]

[Footnote 529: Note 4 F, p. 529. _Abstract of the report made to his Catholic majesty by the physicians appointed to examine the prince royal, his eldest son, in consequence of which his royal highness was declared incapable of succeeding to the throne of Spain. Translated from the original, published at Naples, Sept. 27._

1. Though his royal highness don Philip is thirteen years old, he is of low stature; and yet the king his father, and the queen his mother, are both of a very proper height.

2. His royal highness has some contraction in his joints; though he can readily move, and make use of them upon all occasions.

3. His royal highness is apt to stoop and to hold down his head as people of weak eyes often do.

4. The prince most evidently squints: and his eyes frequently water and are gummy, particularly his left eye: though we cannot say he is blind, but are rather certain of the contrary, as his royal highness can without doubt distinguish objects, both as to their colour and situation.

5. In his natural functions, and the most common sensations, he is sometimes indifferent to things that are convenient for him, and at other times is too warm and impetuous. In general, his passions are not restrained by reason.

6. The prince has an obstinate aversion to some kind of common food, such as fruits, sweetmeats, &c.

7. All sorts of noise or sound disturb and disconcert him; and it has the same effect whether it be soft and harmonious, or harsh and disagreeable.

8. The impressions that he receives from pain or pleasure are neither strong nor lasting; and he is utterly unacquainted with all the punctilios of politeness and good-breeding.

9. As to facts and places, he sometimes remembers them, and sometimes not; but he seems not to have the least idea of the mysteries of our holy religion.

10. He delights in childish amusements; and those which are the most boisterous please him best. He is continually changing them, and shifting from one thing to another.

Signed by Don Francis Beniore, chief physician to the king and kingdom; Don Emmanuel de la Rosa, physician to the queen; and the physicians Cæsar Ciribue, Don Thomas Pinto, Don Francis Sarrao, and Don Dominique San Severino.]

[Footnote 535: Note 4 G, p. 535. By this law it was enacted, that if any militia-man, who shall have been accepted and enrolled as a substitute, hired man, or volunteer, before the passing of the act, or who shall have been chosen by lot, whether before or after the passing of the act, shall, when embodied, or called out into actual service, and ordered to march, leave a family unable to support themselves, the overseers shall, by order of some one justice of the peace, pay out of the poor’s rates of such parish a weekly allowance to such family, according to the usual and ordinary price of labour and husbandry there; viz. for one child under the age of ten years, the price of one day’s labour; for two children under the age aforesaid, the price of two days’ labour; for three or four children under the age aforesaid, the price of three days’ labour; for five or more children under the age aforesaid, the price of four days’ labour; and for the wife of such militia-man, the price of one day’s labour; but that the families of such men only as shall be chosen by lot, and of the substitutes, hired men, and volunteers already accepted and enrolled, shall, after the passing of this act, receive any such weekly allowance. For removing the grievance complained of in the above petition, it is enacted, that where treasurers shall reimburse to overseers any money in pursuance of this act, on account of the weekly allowance to the family of any militia-man serving in the militia of any county or place other than that wherein such family shall dwell, they are to transmit an account thereof, signed by some justice for the place where such family shall dwell, to the treasurer of the county, &c. in the militia whereof such militia-man shall serve, who is thereupon to pay him the sum so reimbursed to such overseers, and the same to be allowed in his accounts.]

[Footnote 536: Note 4 H, p. 536. The openings to be made, and the passages to be improved and enlarged, were ascertained by two schedules annexed to the act. With respect to the houses, buildings, and grounds to be purchased, the mayor, aldermen, and commons of the city, in common council assembled, or a committee appointed by them, were empowered to fix the price by agreement, with the respective proprietors, or otherwise by a jury in the usual manner. With regard to party-walls, the act ordains, that the proprietor of either adjoining house may compel the proprietor of the other to agree to its being pulled down and rebuilt, and pay a moiety of the expense even though it should not be necessary to pull down or rebuild either of their houses: that all party-walls shall be at least two bricks and a half in thickness in the cellar, and two bricks thick upwards to the top of the garret-floor. It enacts, that if any decayed house belongs to several proprietors, any one of them, who is desirous to rebuild, may oblige the others to concur, and join with him in the expense, or purchase their shares at a price to be fixed by a jury. If any house should hereafter be presented by any inquest or grand jury in London, as being in a ruinous condition, the court of mayor and aldermen is, by this act, empowered to pull it down at the expense of the ground landlords. As to damaged pavements, not sufficiently repaired by the proprietors of the water-works, any justice of the peace in London is vested with power, upon their refusing or delaying to make it good, to cause it to be effectually relaid with good materials at their expense.]

[Footnote 538: Note 4 I, p. 538. The following declaration made to the chiefs of the opposition will render the memory of the late prince of Wales dear to latest posterity:--

His royal highness has authorized lord T. and sir F. D. to give the most positive assurances to the gentlemen in the opposition, of his upright intentions; that he is thoroughly convinced of the distresses and calamities that have befallen, and every day are more likely to befal this country; and therefore invites all well wishers to this country and its constitution to coalesce and unite with him, and upon the following principle only.--

His royal highness promises, and will declare it openly, that it is his intention totally to abolish any distinctions for the future of parties; and as far as lies in his power, and as soon as it does lie in his power, to take away for ever all proscription from any set of men whatever who are friends to the constitution; and therefore will promote for the present, and when it is in his power will immediately grant,--