“In the case before us, it is not the me_The History of England in Three Volumes, Vol.II. Continued from the Reign of William and Mary to the Death of George II.

consider; whether he deserves death or not, is not a question for me to

decide; but whether or not his life can be taken away by the sentence

pronounced on him by the court-martial, and after having so clearly

explained their motives for pronouncing such a sentence, is the point

which alone has employed my serious consideration.

“The twelfth article of war, on which admiral Byng’s sentence is

grounded, says (according to my understanding of its meaning), ‘That

every person, who, in time of action, shall withdraw, keep back, or not

come into fight, or do his utmost, &c. through motives of cowardice,

negligence, or disaffection, shall suffer death.’ The court-martial

does, in express words, acquit admiral Byng of cowardice and

disaffection, and does not name the word negligence. Admiral Byng does

not, as I conceive, fall under the letter or description of the twelfth

article of war. It may be said that negligence is implied, though

the word is not mentioned, otherwise the court-martial would not have

brought his offence under the twelfth article, having acquitted him

of cowardice and disaffection. But it must be acknowledged that the

negligence implied cannot be wilful negligence; for wilful negligence in

admiral Byng’s situation, must have proceeded either from cowardice

or disaffection, and he is expressly acquitted of both these crimes;

besides, these crimes, which are implied only and not named, may indeed

justify suspicion and private opinion, but cannot satisfy the conscience

in case of blood.

“Admiral Byng’s fate was referred to a court-martial, his life and death

were left to their opinions. The court-martial condemn him to death,

because, as they expressly say, they were under a necessity of doing

so by reason of the letter of the law, the severity of which they

complained of, because it admits of no mitigation. The court-martial

expressly say, that for the sake of their consciences, as well as

in justice to the prisoner, they most earnestly recommend him to

his majesty for mercy; it is evident, then, that in the opinions and

consciences of the judges he was not deserving of death.

“The question then is, shall the opinions or necessities of the

court-martial determine admiral Byng’s fate? If it should be the latter,

he will be executed contrary to the intentions and meaning of his

judges; if the former, his life is not forfeited. His judges declare him

not deserving of death; but, mistaking either the meaning of the law,

or the nature of his offence, they bring him under an article of war,

which, according to their own description of his offence, he does not,

I conceive, fall under; and then they condemn him to death, because,

as they say, the law admits of no mitigation. Can a man’s life be taken

away by such a sentence? I would not willingly be misunderstood, and

have it believed that I judge admiral Byng’s deserts; that was the

business of a court-martial, and it is my duty only to act according to

my conscience; which, after deliberate consideration, assisted by the

best light a poor understanding can afford it, remains still in doubt,

and therefore I cannot consent to sign a warrant whereby the sentence

of the court-martial may be carried into execution; for I cannot help

thinking, that however criminal admiral Byng may be, his life is not

forfeited by that sentence. I do not mean to find fault with other men’s

opinions; all I endeavour at is, to give reasons for my own; and all I

desire or wish is, that I may not be misunderstood; I do not pretend to

judge admiral Byng’s deserts, nor to give any opinion on the propriety

of the act.

“Signed, 6th Feb. 1757, at the Admiralty,

“ J. F..... S.”]

[Footnote 419: Note 3 I, p. 419. “The Imperial grenadiers (says he)

are an admirable corps; one hundred companies defended a rising ground,

which my best infantry could not carry. Ferdinand, who commanded them,

returned seven times to the charge; but to no purpose. At first he

mastered a battery, but could not hold it. The enemy had the advantage

of a numerous and well-served artillery. It did honour to Lichtenstein,

who had the direction. Only the Prussian army can dispute it with

him. My infantry were too few. All my cavalry were present, and idle

spectators, excepting a bold push by my household troops, and some

dragoons. Ferdinand attacked without powder; the enemy, in return, were

not sparing of theirs. They had the advantage of a rising ground, of

intrenchments, and of a prodigious artillery. Several of my regiments

were repulsed by their musketry. Henry performed wonders. I tremble for

my worthy brothers; they are too brave. Fortune turned her back on me

this day. I ought to have expected it; she is a female, and I am no

gallant. In fact, I ought to have had more infantry. Success, my dear

lord, often occasions destructive confidence. Twenty-four battalions

were not sufficient to dislodge sixty thousand men from an advantageous

post. Another time we will do better. What say you of this league, which

has only the marquis of Brandenburgh for its object? The great elector

would be surprised to see his grandson at war with the Russians,

the Austrians, almost all Germany, and an hundred thousand French

auxiliaries. I know not whether it would be disgrace in me to submit,

but I am sure there will be no glory in vanquishing me.”]

[Footnote 422: Note 3 K, p. 422. This remarkable capitulation, which

we shall give here at full length, on account of the disputes that rose

shortly after, concerning what the French called an infraction of it,

was to the following effect:--

His majesty, the king of Denmark--touched with the distresses of the

countries of Bremen and Verden, to which he has always granted his

special protection; and being desirous, by preventing those countries

from being any longer the theatre of war, to spare also the effusion

of blood in the armies which are ready to dispute the possession

thereof--hath employed his mediation by the ministry of the count de

Lynar. His royal highness the duke of Cumberland, general of the army

of the allies, on the one part, and his excellency the mareschal duke

de Richelieu, general of the king of France’s forces in Germany, on the

other, have, in consideration of the intervention of his Danish majesty,

respectively engaged their word of honour to the count de Lynar, to

abide by the convention hereafter stipulated; and he, the count de

Lynar, correspondently to the magnanimity of the king his master’s

intention, obliges himself to procure the guarantee mentioned in the

present convention; so that it shall be sent to him, with his full

powers, which there was no time to make out in the circumstances which

hurried his departure.

Article I. Hostilities shall cease on both sides within twenty-four

hours, or sooner, if possible. Orders for this purpose shall be

immediately sent to the detached corps.

II. The auxiliary troops of the army of the duke of Cumberland, namely,

those of Hesse, Brunswick, Saxe-Gotha, and even those of the count de la

Lippe Bucke-bourg, shall be sent home; and as it is necessary to settle

particularly their march to their respective countries, a general

officer of each nation shall be sent from the army of the allies, with

whom shall be settled the route of those troops, the divisions they

shall march in, their subsistence on their march, and their passports to

be granted them by his excellency the duke de Richelieu to go to their

own countries, where they shall be placed and distributed as shall be

agreed upon between the court of France and their respective sovereigns.

III. His royal highness the duke of Cumberland obliges himself to pass

the Elbe, with such part of his army as he shall not be able to place

in the city of Stade; that the part of his forces which shall enter

into garrison in the said city, and which it is supposed may amount

to between four and six thousand men, shall remain there under the

guarantee of his majesty the king of Denmark, without committing any act

of hostility; nor, on the other hand, shall they be exposed to any of

the French troops. In consequence thereof, commissaries, named on each

side, shall agree upon the limits to be fixed round that place, for the

convenieucy of the garrison; which limits shall not extend beyond half

a league or a league from the place, according to the nature of

the ground or circumstances, which shall be fairly settled by the

commissaries. The rest of the Hanoverian army shall go and take quarters

in the country beyond the Elbe; and, to facilitate the march of those

troops, his excellency the duke de Richelieu shall concert with a

general officer, sent from the Hanoverian army, the route they shall

take; obliging himself to give the necessary passports and security

for the free passage of them and their baggage, to the places of their

destination; his royal highness the duke of Cumberland reserving

to himself the liberty of negotiating between the two courts for an

extension of those quarters. As to the French troops, they shall remain

in the rest of the duchies of Bremen and Verden, till the definitive

reconciliation of the two sovereigns.

IV.. As the aforesaid articles are to be executed as soon as possible,

the Hanoverian army, and the corps which are detached from it,

particularly that which is at Buck Schantz and the neighbourhood, shall

retire under Stade in the space of eight-and-forty hours. The French

army shall not pass the river Oste, in the duchy of Bremen, till the

limits be regulated. It shall, besides, keep all the posts and countries

of which it is in possession; and, not to retard the regulation of the

limits between the armies, commissaries shall be nominated and sent on

the 10th instant to Bremen-worden by his royal highness the duke of

Cumberland, and his excellency the mareschal duke de Richelieu, to

regulate, as well the limits to be assigned to the French army, as those

that are to be observed by the garrison at Stade, according to Art. III.

V. All the aforesaid articles shall be faithfully executed, according

to their form and tenor, and under the faith of his majesty the king of

Denmark’s guarantee, which the count de Lynar, his minister, engages to

procure.

Done at the camp at Closter-Seven, 8th Sept. 1757. (Signed) WILLIAM.

SEPARATE ARTICLES. Upon the representation made by the count de Lynar,

with a view to explain some dispositions made by the present convention,

the following articles have been added:--

I. It is the intention of his excellency the mareschal duke de

Richelieu, that the allied troops of his royal highness the duke of

Cumberland shall be sent back to their respective countries, according

to the form mentioned in the second article; and that, as to their

separation and distribution in the country, it shall be regulated

between the courts, those troops not being considered as prisoners of

war.

II. It having been represented that the country of Lunenberg cannot

accommodate more than fifteen battalions and six squadrons, and that the

city of Stade cannot absolutely contain the garrison of six thousand men

allotted to it, his excellency the mareschal duke de Richelieu, being

pressed by M. de Lynar, who supported this representation by the

guarantee of his Danish majesty, gives his consent; and his royal

highness the duke of Cumberland engages to cause fifteen battalions and

six squadrons to pass the Elbe, and the whole body of hunters, and the

remaining ten battalions and twenty-eight squadrons shall be placed

in the town of Stade, and the places nearest to it that are within the

line, which shall be marked by posts from the mouth of the Liche in the

Elbe, to the mouth of the Elmerbeck in the river Oste; provided always,

that the said ten battalions and twenty-eight squadrons shall be

quartered there as they are at the time of signing this convention, and

shall not be recruited under any pretext, or augmented in any case; and

this clause is particularly guaranteed by the count de Lynar in the name

of his Danish majesty.

III. Upon the representation of his royal highness the duke of

Cumberland, that the army and the detached corps cannot both retire

under Stade in eight-and-forty hours, agreeable to the convention, his

excellency the mareschal duke de Richelieu hath signified, that he will

grant them proper time, provided the corps encamped at Buck Schantz, as

well as the army encamped at Bremen-worden, begin their inarch to

retire in four-and-twenty hours after signing the convention. The time

necessary for other arrangements, and the execution of the

articles concerning the respective limits, shall be settled between

lieutenant-general Sporcken, and the marquis de Villemar, first

lieutenant-general of the king’s army. Done, &c]

[Footnote 433: Note 3 L, p. 433. The letter, which was written in

French, we have translated for the reader’s satisfaction:--“I am

informed that the design of a treaty of neutrality for the electorate of

Hanover is not yet laid aside. Is it possible that your majesty can

have so little fortitude and constancy, as to be dispirited by a small

reverse of fortune? Are affairs so ruinous that they cannot be repaired?

I hope your majesty will consider the step you have made me hazard,

and remember that you are the sole cause of these misfortunes that

now impend over my head. I should never have abandoned the alliance of

France, but for your flattering assurances. I do not now repent of the

treaty I have concluded with your majesty: but I expect you will not

ingloriously leave me at the mercy of my enemies, after having brought

upon me all the force of Europe. I depend upon your adhering to your

repeated engagements of the twenty-sixth of last month, and that you

will listen to no treaty in which I am not comprehended.”]

[Footnote 438: Note 3 M, p. 438. It was enacted, That every person

subscribing for five hundred pounds, should be entitled to four hundred

and fifty in annuities, and fifty pounds in lottery tickets, and so in

proportion for a greater or lesser sum; that the lottery should

consist of tickets of the value of ten pounds each, in a proportion not

exceeding eight blanks to a prize; the blanks to be of the value of six

pounds each; the blanks and prizes to bear an interest after the rate

of three pounds per cent., to commence from the first day of January, in

the year one thousand seven hundred and fifty-nine; and that the sum of

four millions five hundred thousand pounds, to be raised by annuities,

should bear an interest after the rate of three pounds ten shillings

percent, from the fifth day of July in the present year; which annuities

should stand reduced to three pounds per cent, after the expiration

of twenty-four years, and afterwards he redeemable in the whole, or in

part, by sums not less than five hundred thousand pounds, at one

time: six months’ notice having been first given of such payments

respectively; that any subscriber might, on or before the twenty-ninth

day of April, make a deposit of ten pounds per cent, on such sums as he

should choose to subscribe towards raising these five millions, with the

cashiers of the bank, as a security for his future payments on the days

appointed for that purpose; that the several sums so received by the

cashiers should be paid into the receipt of the exchequer, to be applied

from time to time to such services as should then have been voted by the

house of commons in this session of parliament, and not otherwise;

that any subscriber, paying the whole or any part of his subscription

previous to the days appointed for the respective payments, should be

allowed a discount at the rate of three per cent, from the days of such

respective payments to the respective times on which such payments were

directed to be made, and that all persons who should make their full

payments on the said lottery, should receive their tickets as soon as

they could be conveniently made out.]

[Footnote 440: Note 3 N, p. 440. Among those rendered perpetual, we

find an act of the 13th and 14th of Charles II. for preventing theft and

rapine. An act of the 9th of George I. for punishing persons going armed

in disguise. A clause in the act of the 6th of George II. to prevent the

breaking down the bank of any river; and another clause in the said act,

to prevent the treacherous cutting of hop-binds. Several clauses in an

act of the 10th of George II. for punishing persons setting on fire any

mine, &c. The temporary part of the act of the 20th of George II. for

taking away the hereditary jurisdictions of Scotland, relating to the

power of appealing to circuit courts. Those continued were,--1. An act

of the 12th of George II. for granting liberty to carry sugar, &c, until

the twenty-ninth of September, in the year one thousand seven hundred

and sixty-four, and to the end of next session of parliament. 2. An act

of the 5th of George II. to prevent frauds by bankrupts, &c., for the

same period. 3. An act of the 8th of George II. for encouraging the

importation of naval stores, &c, for the same period. 4. An act of the

19th of George II. for preventing frauds in the admeasurement of coals,

&c. until June 24, 1759; and to this was added a perpetual clause for

preventing the stealing or destroying of madder roots. 5. An act of the

9th George II. for encouraging the manufacture of British sail-cloth

until the twenty-ninth of September, one thousand seven hundred and

sixty-four. 6. An act of the 4th of George II. for granting an allowance

upon British-made gunpowder, for the same period. 7, An act of the 4th

of George II. for encouraging the trade of the sugar colonies, until the

twenty-ninth of September, one thousand seven hundred and sixty-one. And

8, so much of the act of the 15th and 16th of George II. to empower the

importers of rum, &c, as relates to landing it before the payment of

duties, until the 29th of September, one thousand seven hundred and

sixty-four.]

[Footnote 461: Note 3 O, p. 461. _Translation of the Letter written by

the Duke of Brunswick to his brother Prince Ferdinand._ “Sir,--I know

you too well to doubt that the situation in which we stand at present,

with respect to each other, gives you abundance of uneasiness; nor

will you doubt that it gives me equal concern. Indeed, it afflicts me

greatly. Meanwhile I could never, my dearest brother, have believed that

you would be the person who should carry away from me my eldest son.

I am exceedingly mortified to find myself under the hard necessity of

telling you that this step is contrary to the law of nations, and the

constitution of the empire; and that, if you persist in it, you will

disgrace your family, and bring a stain upon your country, which you

pretend to serve. The hereditary prince, my son, was at Hamburgh by

my order, and you have carried him to Stade. Could he distrust his

uncle,--an uncle who hath done so much honour to his family? Could he

believe that this uncle would deprive him of liberty, a liberty never

refused to the lowest officer? I ordered him to make a tour to Holland:

could not the lowest officer have done as much? Let us suppose for a

moment that my troops, among whom he served, were to have staid with the

Hanoverians, would it not have been still in my power to give an officer

leave of absence, or even leave to resign his commission? And would you

hinder your brother, the head of your family, and of such a family as

ours, to exercise this right with regard to a son, who is the hereditary

prince, of whose rights and prerogatives you cannot be ignorant? It is

impossible you could have conceived such designs, without the suggestion

of others. Those who did suggest them have trampled on the rights of

nature, of nations, and of the princes of Germany; they have induced you

to add to all these the most cruel insult on a brother whom you love,

and who always loved you with the warmest affection. Would you have your

brother lay his just complaints against you before the whole empire, and

all Europe? Are not your proceedings without example? What is Germany

become? What are its princes become, and our house in particular? Is it

the interest of the two kings, the cause of your country, and my cause

that you pretend to support?--I repeat it, brother, that this design

could not have been framed by you. I again command my son to pursue his

journey and I cannot conceive you will give the least obstruction; if

you should (which I pray God avert), I solemnly declare that I will not

be constrained by such measures, nor shall I ever forget what I owe to

myself. As to my troops, you may see what I have written on that head

to the Hanoverian ministry. The duke of Cumberland, by the convention

of Closter-Seven, dismissed them, and sent them home; the said ministry

gave me notice of this convention, as a treaty by which I was bound. The

march of the troops was settled; and an incident happening, they halted:

that obstacle being removed, they were to have continued their march.

The court of Hanover will be no longer bound by the convention, while I

not only accepted it upon their word, but have also, in conformity with

their instructions, negotiated at Versailles, and at Vienna. After all

these steps, they would have me contradict myself, break my word, and

entirely ruin my estate, as well as my honour. Did you ever know

your brother guilty of such things? True it is, I have, as you say,

sacrificed my all; or rather, I have been sacrificed. The only thing

left me is my honour; and in the unhappy contrast of our situations, I

lament both you and myself, that it should be from you, my dear brother,

I should receive the cruel advice to give up my honour. I cannot listen

to it: I cannot recede from my promise. My troops, therefore, must

return home, agreeably to what the duke of Cumberland and the Hanoverian

ministry stipulated with regard to me in the strongest manner. I am

afraid that the true circumstances of things are concealed from you. Not

to detain your express too long, I shall send you, by the post, copies

of all I have written to the Hanoverian ministry. It will grieve your

honest heart to read it. I am, with a heart almost broken, yet full of

tenderness for you, your, &c. “Blanckenbourg, Nov. 27, 1757.”]

[Footnote 467: Note 3 P, p. 467. A detail of the cruelties committed by

those barbarians cannot be read without horror. They not only burned

a great number of villages, but they ravished, rifled, murdered, and

mutilated the inhabitants, without distinction of age or sex, without

any other provocation or incitement than brutal lust and wantonness of

barbarity. They even violated the sepulchres of the dead, which have

been held sacred among the most savage nations. At Camin and Breckholtz

they forced open the graves and sepulchral vaults, and stripped the

bodies of generals Schlaberndorf and Ruitz, which had been deposited

there. But the collected force of their vengeance was discharged against

Custrin, the capital of the New Marche of Brandenburgh, situated at

the conflux of the Warta and the Oder, about fifteen English miles from

Franckfort. The particulars of the disaster that befel this city, are

particularly related in the following extracts from a letter written by

an inhabitant and eye-witness.

“On the thirteenth of August, about three o’clock in the afternoon, a

sudden report was spread that a body of Russian hussars and cossacks

appeared in sight of the little suburb. All the people were immediately

in motion, and the whole city was filled with terror, especially as we

were certainly informed that the whole Russian army was advancing from

Meseric and Konigswalda, by the way of Landsberg. A reinforcement was

immediately sent to our piquet-guard, in the suburb, amounting, by this

junction, to three hundred men, who were soon attacked by the enemy, and

the skirmish lasted from four till seven o’clock in the evening.

During this dispute, we could plainly perceive, from our ramparts

and church-steeple, several persons of distinction mounted on English

horses, reconnoitring our fortification through perspective glasses.

They retired, however, when our cannon began to fire: then our

piquet took possession of their former post in the suburb; and the

reinforcement we had sent from the city returned, after having broken

down the bridge over the Oder. Next day count Dohna, who commanded the

army near Franckfort, sent in a reinforcement of four battalions,

ten squadrons, and a small body of hussars, under the command of

lieutenant-general Scherlemmer. The hussars and a body of dragoons were

added to the piquet of the little suburb; the four battalions pitched

their tents on the Anger, between the suburbs and the fortification; and

the rest of the dragoons remained in the field to cover the long suburb.

General Scherlemmer, attended by our governor, colonel Schuck, went with

a small party to observe the enemy; but were obliged to retire, and were

pursued by the cossacks to the walls of the city. Between four and five

o’clock next morning the poor inhabitants were roused from their sleep

by the noise of the cannon, intermingled with the dismal shrieks and

hideous yellings of the cossacks belonging to the Russian army. Alarmed

at this horrid noise, I ascended the church-steeple, from whence I

beheld the whole plain, extending from the little suburb to the forest,

covered with the enemy’s troops, and our light horse, supported by the

infantry, engaged in different places with their irregulars. At eight I

descried a body of the enemy’s infantry, whose van consisted of four or

five thousand men, advancing towards the vineyard, in the neighbourhood

of which they had raised occasional batteries in the preceding-evening;

from these they now played on our piquet-guard and hussars, who were

obliged to retire. They then fired, _en ricochet_, on the tents and

baggage of the four battalions encamped on the Anger, who were also

compelled to retreat. Having thus cleared the environs, they threw into

the city such a number of bombs and red-hot bullets, that by nine in the

morning it was set on fire in three different places; and, the streets

being-narrow, it burned with such fury that all our endeavours to

extinguish it proved ineffectual. At this time the whole atmosphere

appeared like a shower of fiery rain and hail; and the miserable

inhabitants thought of nothing but saving their lives by running

into the open fields. The whole place was filled with terror and

consternation, and resounded with the shrieks of women and children,

who ran about in the utmost distraction, exposed to the shot and

bomb-shells, which, bursting, tore in pieces every thing that stood in

their way. As I led my wife, with a young child in her arms, and

drove the rest of my children and servants half naked before me, those

instruments of death and devastation fell about us like hail; but,

by the mercy of God, we all escaped unhurt. Nothing could be more

melancholy and affecting than a sight of the wretched people flying in

crowds, and leaving their all behind, while they rent the sky with

their lamentations. Many women of distinction I saw without shoes and

stockings, and almost without clothes, who had been roused from their

beds, and ran out naked into the streets. When my family had reached the

open plain, I endeavoured to return, and save some of my effects; but I

could not force my way through a multitude of people, thronging out at

the gate, some sick and bed-ridden persons being carried on horseback

and in carriages, and others conveyed on the backs of their friends,

through a most dreadful scene of horror and desolation. A great number

of families from the open country, and the defenceless towns in Prussia

and Pomerania, had come hither for shelter with their most valuable

effects, when the Russians first entered the king’s territories. These,

as well as the inhabitants, are all ruined; and many, who a few days ago

possessed considerable wealth, are now reduced to the utmost indigence.

The neighbouring-towns and villages were soon crowded with the people of

Custrin; the roads were filled with objects of misery; and nothing was

seen but nakedness and despair; nothing heard but the cries of hunger,

fear, and distraction. For my own part, I stayed all night at Goitz,

and then proceeded for Berlin. Custrin is now a heap of ruins. The great

magazine, the governor’s house, the church, the palace, the store and

artillery-houses; in a word, the old and new towns, the suburbs, and all

the bridges, were reduced to ashes; nay, after the ashes were destroyed,

the piles and sterlings were burned to the water’s edge. The writings

of all the colleges, together with the archives of the country, were

totally consumed, together with a prodigious magazine of corn and flour,

valued at four millions of crowns. The cannon in the arsenal were all

melted; and the loaded bombs and cartridges, with a large quantity of

gunpowder, went off at once with a most horrid explosion. A great number

of the inhabitants are missing, supposed to have perished in the flames,

or under the ruins of the houses, or to have been suffocated in the

subterraneous vaults and caverns, to which they had fled for safety.

Nothing could be more inhuman, or contrary to the practice of a generous

enemy, than such vengeance wreaked upon the innocent inhabitants; for

the Russians did not begin to batter the fortifications until all the

rest of the place was destroyed. In the course of this campaign, the

Russian cossacks are said to have plundered and burned fourteen

large towns and two hundred villages, and wantonly butchered above two

thousand defenceless women and children. Such monsters of barbarity

ought to be excluded from all the privileges of human nature, and hunted

down as wild beasts without pity or cessation. What infamy ought these

powers to incur, who employ and encourage such ruthless barbarians?]

[Footnote 468: Note 3 Q, p. 468. As very little notice was taken, in the

detail published by authority, of any part which this great man acted in

the battle of Hochkirchen, and a report was industriously circulated

in this kingdom, that he was surprised in his tent, naked, and half

asleep,--we think it the duty of a candid historian to vindicate his

memory and reputation from the foul aspersion thrown by the perfidious

and illiberal hand of envious malice, or else contrived to screen some

other character from the imputation of misconduct. The task we are

enabled to perform by a gentleman of candour and undoubted credit,

who learned the following particulars at Berlin from a person that was

eye-witness of the whole transaction. Field-mareschal Keith, who arrived

in the camp the very day that preceded the battle, disapproved of the

situation of the Prussian army, and remonstrated to the king on that

subject. In consequence of his advice, a certain general was sent with a

detachment to take possession of the heights that commanded the village

of Hochkirchcn; but by some fatality he miscarried. Mareschal Keith was

not in any tent, but lodged with prince Francis of Brunswick, in a house

belonging to a Saxon major. When the first alarm was given in the night,

he instantly mounted his horse, assembled a body of the nearest troops,

and marched directly to the place that was attacked. The Austrians had

taken possession of the hill which the Prussian officer was sent to

occupy, and this they fortified with cannon; then they made themselves

masters of the village in which the free companies of Auginelli had been

posted. Mareschal Keith immediately conceived the design of the Austrian

general, and knowing the importance of this place, thither directed

all his efforts. He in person led on the troops to the attack of the

village, from whence he drove the enemy; but being overpowered by

numbers continually pouring down from the hills, he was obliged to

retire in his turn. He rallied his men, returned to the charge,

and regained possession of the place; being again repulsed by fresh

reinforcements of the enemy, he made another effort, entered the village

a third time, and finding it untenable, ordered it to be set on fire.

Thus he kept the Austrians at bay, and maintained a desperate conflict

against the flower of the Austrian army, from four in the morning till

nine, when the Prussians were formed, and began to file off in their

retreat. During the whole dispute he rallied the troops in person,

charged at their head, and exposed his life in the hottest of a dreadful

fire, like a private captain of grenadiers. He found it necessary to

exert himself in this manner, the better to remove the bad effects of

the confusion that prevailed, and in order to inspirit the troops to

their utmost exertion by his voice, presence, and example. Even when

dangerously wounded, at eight in the morning, he refused to quit the

field; but continued to signalize himself in the midst of the carnage

until nine, when he received a second shot in his breast, and fell

speechless into the arms of Mr. Tibay, an English volunteer, who had

attended him during the whole campaign. This gentleman, who was likewise

wounded, applied to a Prussian officer for a file of men to remove the

mareschal, being uncertain whether he was entirely deprived of life. His

request was granted; but the soldiers, in advancing to the spot, were

countermanded by another officer. He afterwards spoke on the same

subject to one of the Prussian generals, a German prince, as he chanced

to pass on horseback: when Mr. Tibay told him the field-mareschal was

lying wounded on the field, he asked if his wounds were mortal; and

the other answering he was afraid they were, the prince shrugged up his

shoulders, and rode off without further question. The body of this

great officer, being thus shamefully abandoned, was soon stripped by the

Austrian stragglers, and lay exposed and undistinguished on the field

of battle. In this situation it was perceived by count Lasci, son of the

general of that name, with whom mareschal Keith had served in Russia.

This young count had been the mareschal’s pupil, and revered him as his

military father, though employed in the Austrian service. He recognised

the body by the large scar of a dangerous wound, which general Keith

had received in his thigh at the siege of Oczakow, and could not help

bursting into tears to see his honoured master thus extended at his

feet, a naked, lifeless, and deserted corpse. He forthwith caused

his body to be covered and interred. It was afterwards taken up, and

decently buried by the curate of Hochkirchen; and finally removed to

Berlin, by order of the king of Prussia, who bestowed upon it those

funeral honours that were due to the dignified rank and transcendent

merit of the deceased; merit so universally acknowledged, that even the

Saxons lamented him as their best friend and patron, who protected

them from violence and outrage, even while he acted a principal part in

subjecting them to the dominion of his sovereign.

[Footnote 479: Note 3 R, p. 479. Among other transactions that

distinguish the history of Great Britain, scarce a year glides away

without producing some incident that strongly marks the singular

character of the English nation. A very extraordinary instance of this

nature, relating to the late duke of Marlborough, we shall record among

the events of this year, although it derived its origin from the

latter end of the last, and cannot be properly enumerated among those

occurrences that appertain to general history. Towards the end of

November, in the preceding year, the above-mentioned nobleman received,

by the post, a letter directed “To his Grace the duke of Marlborough,

with care and speed,” and containing this address:

“My Lord,--As ceremony is an idle thing upon most occasions, more

especially to persons in my state of mind, I shall proceed immediately

to acquaint you with the motive and end of addressing this epistle to

you, which is equally interesting to us both. You are to know, then,

that my present situation in life is such, that I should prefer

annihilation to a continuance in it. Desperate diseases require

desperate remedies; and you are the man I have pitched upon, either to

make me or unmake yourself. As I never had the honour to live among the

great, the tenor of my proposals will not be very courtly; but let that

be an argument to enforce a belief of what I am now going to write.

It has employed my invention for some time, to find out a method

of destroying another without exposing my own life: that I have

accomplished, and defy the law. Now, for the application of it. I am

desperate, and must be provided for. You have it in your power: it is

my business to make it your inclination to serve me, which you must

determine to comply with, by procuring me a genteel support for my life,

or your own will be at a period before this session of parliament

is over. I have more motives than one for singling you out upon this

occasion; and I give you this fair warning, because the means I shall

make use of are too fatal to be eluded by the power of physic. If you

think this of any consequence, you will not fail to meet the author on

Sunday next, at ten in the morning, or on Monday (if the weather should

be rainy on Sunday), near the first tree beyond the stile in Hyde-Park,

in the foot-walk to Kensington. Secrecy and compliance may preserve you

from a double danger of this sort, as there is a certain part of the

world where your death has more than been wished for upon other motives.

I know the world too well to trust this secret in any breast but my own.

A few days determine me your friend or enemy. “FELTON.

“You will apprehend that I mean you should be alone; and depend upon it,

that a discovery of any artifice in this affair will be fatal to you. My

safety is insured by my silence, for confession only can condemn me.”

The duke, in compliance with this strange remonstrance, appeared at the

time and place appointed, on horseback and alone, with pistols before

him, and the star of his order displayed, that he might be the more

easily known. He had likewise taken the precaution of engaging a friend

to attend in the Park, at such a distance, however, as scarce to be

observable. He continued some time on the spot without seeing any person

he could suspect of having wrote the letter, and then rode away: but

chancing to turn his head when he reached Hyde-Park-Corner, he perceived

a man standing at the bridge, and looking at the water, within twenty

yards of the tree which was described in the letter. He forthwith

rode back at a gentle pace, and, passing by the person, expected to be

addressed: but as no advance of this kind was made, he, in repassing,

bowed to the stranger, and asked if he had not something to communicate?

The man replying, “No, I don’t know you;” the duke told him his name,

adding, “Now you know me, I imagine you have something to say to me.”

But he still answered in the negative, and the duke rode home. In a

day or two after this transaction, another letter was brought to him,

couched in the following terms:

“My Lord,--You receive this as an acknowledgment of your punctuality as

to the time and place of meeting on Sunday last, though it was owing to

you it answered no purpose. The pageantry of being armed, and the

ensign of your order, were useless and too conspicuous. You needed

no attendant, the place was not calculated for mischief, nor was any

intended. If you walk in the west aisle of Westminster Abbey, towards

eleven o’clock on Sunday next, your sagacity will point the person whom

you will address, by asking his company to take a turn or two with you.

You will not fail, on inquiry, to be acquainted with the name and place

of abode. According to which direction you will please to send two or

three hundred pound bank-notes the next day by the penny post. Exert

not your curiosity too early; it is in your power to make me grateful

on certain terms. I have friends who are faithful, but they do not bark

before they bite.--“I am, &c, F.”

The duke, determining if possible to unveil this mystery, repaired to

the Abbey at the time prescribed; and, after having walked up and down

for five or six minutes, saw the very same person to whom he had

spoken in Hyde-Park, enter the Abbey with another man of a creditable

appearance. This last, after they had viewed some of the monuments, went

into the choir, and the other turning back advanced towards the duke,

who, accosting him, asked him if he had anything to say to him,” or

any commands for him? He replied, “No, my lord. I have not.”--“Sure you

have,” said the duke; but he persisted in his denial. Then the duke,

leaving him, took several turns in the aisle, while the stranger walked

on the other side. But nothing further passed between them; and although

the duke had provided several persons in disguise to apprehend the

delinquent, he forebore giving the signal, that, notwithstanding

appearances, he might run no risk of injuring an innocent person. Not

long after this second disappointment he received a third letter, to the

following effect:

“My Lord,--I am fully convinced you had a companion on Sunday: I

interpret it as owing to the weakness of human nature; but such

proceeding is far from being ingenuous, and may produce bad effects,

whilst it is impossible to answer the end proposed. You will see me

again soon, as it were by accident, and may easily find where I go to;

in consequence of which, by being sent to, I shall wait on your grace,

but expect to be quite alone, and to converse in whispers; you

will likewise give your honour, upon meeting, that no part of the

conversation shall transpire. These and the former terms complied with

ensure your safety; my revenge, in case of non-compliance (or any scheme

to expose me), will be slower, but not less sure; and strong suspicion

the utmost that can possibly ensue upon it, while the chances would be

tenfold against you. You will possibly be in doubt after the meeting,

but it is quite necessary the outside should be a mask to the in. The

family of the Bloods is not extinct, though they are not in my scheme.”

The expression, “You will see me again soon, as it were by accident,”

plainly pointed at the person to whom he had spoke in the park and in

the Abbey; nevertheless, he saw him not again, nor did he hear anything

further of the affair for two months, at the expiration of which the

post brought him the following letter:

“May it please your Grace,--I have reason to believe, that the son

of one Barnard, a surveyor, in Abingdon-buildings, Westminster, is

acquainted with some secrets that nearly concern your safety: his father

is now out of town, which will give you an opportunity of questioning

him more privately; it would be useless to your grace, as well as

dangerous to me, to appear more publicly in this affair. “Your sincere

friend, “ANONYMOUS. “He frequently goes to Storey’s-gate coffee-house.”

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,--

First, A bill to empower all gentlemen to act as justices of the peace,

paying land-tax for £300 per annum in any county where he intends to

serve.

Secondly, His royal highness promises, in like manner, to support,

and forthwith grant, whenever he shall have it in his power, a bill to

create and establish a numerous and effectual militia throughout the

kingdom.

Thirdly, His royal highness promises, in like manner, to promote and

support, and likewise grant, when it is in his power, a bill to exclude

all military officers in the land-service under the degree of colonels

of regiments, and in the sea-service under the degree of rear-admirals,

from sitting in the house of commons.

Fourthly, His royal highness promises that he will, when in his power,

grant inquiries into the great number of abuses in offices, and does not

doubt of the assistance of all honest men, to enable him to correct the

same for the future.

Fifthly, His royal highness promises, and will openly declare, that

he will make no agreement with, or join in the support of,

any administration whatever, without previously obtaining the

above-mentioned points in behalf of the people, and for the sake of good

government. Upon these conditions, and these conditions only, his royal

highness thinks he has a right not to doubt of having a most cordial

support from all those good men who mean their country and this

constitution well, and that they will become his and his family’s

friends, and unite with him, to promote the good government of this

country, and that they will follow him, upon these principles, both in

court and out of court; and if he should live to form an administration,

it should be composed, without distinction, of men of dignity,

knowledge, and probity. His royal highness further promises to accept of

no more, if offered to him, than £800,000 for his civil list, by way of

rent-charge.

_Answer to the foregoing proposal._

The lords and gentlemen to whom a paper has been communicated,

containing his royal highness the prince’s gracious intentions upon

several weighty and important points, of the greatest consequence to

the honour and interest of his majesty’s government, and absolutely

necessary for the restoring and perpetuating the true use and design of

parliament, the purity of our excellent constitution, and the

happiness and welfare of the whole nation, do therein with the greatest

satisfaction observe, and most gratefully acknowledge, the uprightness

and generosity of his royal highness’s noble sentiments and resolutions.

And therefore beg leave to return their most dutiful and humble thanks

for the same: and to assure his royal highness that they will constantly

and steadily use their utmost endeavours to support those his wise and

salutary purposes, that the throne may be strengthened, religion and

morality encouraged, faction and corruption destroyed, the purity and

essence of parliament restored, and the happiness and welfare of our

constitution preserved.

When the above answer was returned to the prince, there were present,

The Duke of B.--The Earl of L.--The Earl of S.--The Earl of T.--The Earl

of W.--The Earl of S.--Lord F.--Lord W.--Sir Wat. Wil. Wynne.--Sir John

H. C--Sir Walter B.--Sir Robert G.--Mr. F.--Mr. F.--Mr. C.]

[Footnote 547: Note 4 K, p. 547.

Ultimo die Octobris anno ab incarnationo

MDCCLX.

Auspicatissimo principe Georgio Tertio

Regnnm jam ineunte,

Pontis hujus, in reipublicæ commodum

Urbisque majestatem

(Latè turn flagrante bello)

à S. P. Q. L. suscepti,

Primum lapidem posuit

Thomas Chitty, miles,

Prætor;

Roberto Mylne, architecte

Utque apud posteros extet monumentum

Voluntatis suæ erga virum,

Qui vigore ingenii, animi constantia,

Probitatis et virtutis suæ felici quâdam contagione,

(Favente Deo,

Fautisque Georgii Secundi auspiciis!)

Imperium Britannicum

In Asia, Africa, et America

Restituit, auxit, et stabilivit;

Necnon patriæ antiquum honorem et auctoritateni

Inter Europæ gentes instauravit;

Gives Londinenses, uno consensu,

Huic ponti inscribi voluerunt nomen

GULIELMI PITT.]

[Footnote 549: Note 4 L, p. 549. This attempt was conducted in

the following manner, having doubtless been concerted with the

two-and-twenty hostages who resided in the fort. On the sixteenth day of

February, two Indian women appearing at Keowee, on the other side of the

river, Mr. Dogharty, one of the officers of the fort, went out to ask

them what news. While he was engaged in conversation with these females,

the great Indian warrior Ocunnastota joined them, desired he would call

the commanding officer, to whom he said he had something to propose.

Accordingly, lieutenant Cotymore appearing, accompanied by ensign

Bell, Dogharty, and Foster the interpreter, Ocunnastota told him he had

something of consequence to impart to the governor, whom he proposed to

visit, and desired he might be attended by a white man as a safeguard.

The lieutenant assuring him he should have a safeguard, the Indian

declared he would then go and catch a horse for him; so saying, he swung

a bridle twice over his head, as a signal; and immediately twenty-five

or thirty muskets, from different ambuscades, were discharged at the

English officers. Mr. Cotymore received a shot in his left breast, and

in a few days expired: Mr. Bell was wounded in the calf of the left leg,

and the interpreter in the buttock. Ensign Milne, who remained in the

fort, was no sooner informed of this treachery, than he ordered the

soldiers to shackle the hostages; in the execution of which order one

man was killed on the spot, and another wounded in his forehead with a

tomahawk; circumstances which, added to the murder of the lieutenant,

incensed the garrison to such a degree, that it was judged absolutely

necessary to put the hostages to death without further hesitation.

In the evening a party of Indians approached the fort, and firing two

signal pieces, cried aloud in the Cherokee language--“Fight manfully,

and you shall be assisted.” They then began an attack; and continued

firing all night upon the fort, without doing the least execution. That

a design was concerted between them and the hostages appeared plainly

from the nature of the assault; and this suspicion was converted into a

certainty next day, when some of the garrison, searching the apartment

in which the hostages lay, found a bottle of poison, probably designed

to be emptied into the well, and several tomahawks buried in the earth;

which weapons had been privately conveyed to them by their friends, who

were permitted to visit them without interruption. On the third day

of March, the fort of Ninety-six was attacked by two hundred Cherokee

Indians with musketry, which had little or no effect; so that they were

forced to retire with some loss, and revenged themselves on the open

country, burning and ravaging all the houses and plantations belonging

to English settlers in this part of the country, and all along the

frontiers of Virginia. Not contented with pillaging and destroying the

habitations, they wantoned in the most horrible barbarities; and their

motions were so secret and sudden, that it was impossible for the

inhabitants to know where the storm would burst, or take proper

precautions for their own defence; so that a great number of the back

settlements were totally abandoned.]

[Footnote 550: Note 4 M, p. 550. The garrison of Quebec, during the

winter, repaired above five hundred houses which had been damaged by the

English cannon, built eight redoubts of wood, raised foot-banks along

the ramparts, opened embrasures, mounted artillery, blocked up all

the avenues of the suburbs with a stockade, removed eleven months’

provisions into the highest parts of the city, and formed a magazine of

four thousand fascines. Two hundred men were posted at Saint Foix,

and twice the number at Lorette. Several hundred men marched to Saint

Augustin, brought off the enemy’s advanced guard, with a great number of

cattle, and disarmed the inhabitants. By these precautions the motions

of the French were observed, the avenues of Quebec were covered, and

their dominions secured over eleven parishes, which furnished them with

some fresh provisions, and other necessaries for subsistence. Sixteen

thousand cords of wood being wanted for the hospitals, guards, and

quarters, and the method of transporting it from the isle of Orleans

being found slow and difficult, on account of the floating ice in the

river, a sufficient number of hand-sledges were made, and two hundred

wood-fellers set at work in the forest of Saint Foix, where plenty of

fuel was obtained, and brought into the several regiments by the men

that were not upon duty. A detachment of two hundred men being sent to

the other side of the river, disarmed the inhabitants, and compelled

them to take the oath of allegiance: by this step the English became

masters of the southern side of St. Laurence, and were supplied with

good quantities of fresh provision. The advanced posts of the enemy were

established at Point au Tremble, Saint Augustin, and Le Calvaire; the

main body of their army quartered between Trois Rivieres and Jaques

Quartier. Their general, having formed the design of attacking Quebec in

the winter, began to provide snow-shoes or rackets, scaling-ladders, and

fascines, and make all the necessary preparations for that enterprise.

He took possession of Point Levi, where he formed a magazine of

provisions; great part of which, however, fell into the hands of the

English; for, as soon as the river was frozen over, brigadier Murray

despatched thither two hundred men; at whose approach the enemy

abandoned their magazine, and retreated with great precipitation. Here

the detachment took post in a church until they could build two wooden

redoubts, and mount them with artillery. In the meantime, the enemy

returning with a greater force to recover the post, some battalions,

with the light infantry, marched over the ice, in order to cut off their

communication; but they fled with great confusion, and afterwards

took post at Saint Michael, at a considerable distance farther down

the river. They now resolved to postpone the siege of Quebec, that they

might carry it on in a more regular manner. They began to rig their

ships, repair their small craft, build galleys, cast bombs and bullets,

and prepare fascines and gabions; while brigadier Murray employed

his men in making preparations for a vigorous defence. He sent out a

detachment, who surprised the enemy’s posts at Saint Augustin, Maison

Brûlée, and Le Calvaire, where they took ninety prisoners. He afterwards

ordered the light infantry to possess and fortify Cape Bouge, to prevent

the enemy’s landing at that place, as well as to be nearer at hand to

observe their motions; but when the frost broke up, so that their

ships could fall down the river, they landed at Saint Augustin; and the

English posts were abandoned one after another, the detachments retiring

without loss into the city.]

[Footnote 558: Note 4 N, p. 558. _A translation of the Declaration

delivered by the Austrian minister residing at the Hague, to his serene

highness Prince Louis of Brunswick, in answer to that which his highness

had delivered on the part of his Britannic Majesty and the King

of Prussia, on the 25th of November, 1759, to the ministers of the

belligerent powers._

“Their Britannic and Prussian majesties having thought proper to make

known, by the declaration delivered, on their part, at the Hague, the

25th of November last past, to the ambassadors and ministers of the

courts of Vienna, Petersburgh, and Versailles, residing there:

“‘That being sincerely desirous of contributing to the re-establishment

of the public tranquillity, they were ready to send plenipotentiaries

to the place that shall be judged the most convenient, in order to treat

there of this important object with those which the belligerent parties

shall think proper to authorize on their side for attaining so salutary

an end:’

“Her majesty the empress queen of Hungary and Bohemia, her majesty the

empress of all the Russias, and his majesty the most Christian king,

equally animated by the desire of contributing to the re-establishment

of the public tranquillity, on a solid and equitable footing, declare in

return,--

“That his majesty the Catholic king having been pleased to offer his

mediation in the war which had subsisted for some years between France

and England; and this war having besides nothing in common with that

which the two empresses, with their allies, have likewise carried on for

some years against the king of Prussia;

“His most Christian majesty is ready to treat of his particular peace

with England, through the good offices of his Catholic majesty, whose

mediation he has a pleasure in accepting;

“As to the war which regards directly his Prussian majesty, their

majesties, the empress queen of Hungary and Bohemia, the empress of all

the Russias, and the most Christian king, are disposed to agree to the

appointing the congress proposed. But as, by virtue of their treaties,

they cannot enter into any engagement relating to peace but in

conjunction with their allies, it will be necessary, in order that they

may be enabled to explain themselves definitively upon that subject,

that their Britannic and Prussian majesties should previously be pleased

to cause their invitation to a congress to be made to all the powers

that are directly engaged in war against the king of Prussia; and

namely, to his majesty the king of Poland, elector of Saxony, as

likewise to his majesty the king of Sweden, who ought specifically to be

invited to the future congress.”]

[Footnote 561: Note 4 O, p. 561. _Copy of a Letter from the marquis of

Granby to the earl of Holdernesse._ My Lord, It is with the greatest

satisfaction that I have the honour of acquainting your lordship of the

success of the hereditary prince yesterday morning.

General Sporcken’s corps marched from the camp at Kalle to Liebenau,

about four in the afternoon of the twenty-ninth; the hereditary prince

followed the same evening with a body of troops, among which were the

two English battalions of grenadiers, the two of Highlanders, and four

squadrons of dragoons, Cope’s and Conway’s.

The army was under arms all day on the thirtieth, and about eleven at

night marched off, in six columns, to Liebenau. About five the next

morning, the whole army be assembled, and formed on the heights near

Corbeke. The hereditary prince was, at this time, marching in two

columns, in order to turn the enemy’s left flank; which he did by

marching to Donhelbourg, leaving Klein-Eder on his left, and forming in

two lines, with the left towards Dossel, and his right near Grimbeck,

opposite to the left flank of the enemy, whose position was with the

left to the high hill near Offendorf, and their right to Warbourg,

into which place they had flung Fischer’s corps. The hereditary prince

immediately attacked the enemy’s flank, and, after a very sharp dispute,

obliged them to give way, and, by a continual fire, kept forcing them

to fall back upon Warbourg. The army was at this time marching with the

greatest diligence to attack the enemy in front, but the infantry could

not get up in time: general Waldegrave, at the head of the British,

pressed their march as much as possible: no troops could show more

eagerness to get up than they showed. Many of the men, from the heat of

the weather, and overstraining themselves to get on through morassy and

very difficult ground, suddenly dropped down on their march.

General Mostyn, who was at the head of the British cavalry that was

formed on the right of our infantry on the other side of a large wood,

upon receiving the duke’s orders to come up with the cavalry as fast as

possible, made so much expedition, bringing them up at full trot, though

the distance was near five miles, that the British cavalry had the

happiness to arrive in time to share the glory of the day, having

successfully charged several times both the enemy’s cavalry and

infantry.

I should do injustice to the general officers, to every officer and

private man of the cavalry, if I did not beg your lordship would assure

his majesty that nothing could exceed their gallant behaviour on that

occasion.

Captain Philips made so much expedition with his cannon, as to have an

opportunity, by a severe cannonade, to oblige those who had passed the

Dymel, and were formed on the other side, to retire with the utmost

precipitation.

I received his serene highness’s orders yesterday, in the evening,

to pass the river after them, with twelve British battalions and ten

squadrons, and am now encamped upon the heights of Wilda, about four

miles from Warbourg, on the heights of which their grand army is

encamped.

M. de Muy is now retiring from the heights of Volk-Missen, where he lay

under arms last night, towards Wolfshagen. I cannot give your lordship

any account of the loss on either side. Captain Faucitt, whom I send off

with this, shall get all the intelligence he can upon this head before

he sets off. I am, &c,

GRANBY.

Saturday morning,

six o’clock.

P.S.--As I had not an opportunity of sending off captain Faucitt so soon

as I intended, I opened my letter to acquaint your lordship that I have

just joined the grand army with my detachment.]

[Footnote 564: Note 4 P, p. 564. The Germans are in general but

indifferent engineers, and little acquainted with the art of besieging.

On this occasion the Austrian general had no other prospect than that of

carrying the place by a sudden attack, or intimidating count Tavenzein,

the governor, to an immediate surrender: for he knew the Russian army

was at a considerable distance; and judged, from the character of prince

Henry of Prussia, that he would advance to the relief of the place long

before it would be taken according to the usual forms. Influenced by

these considerations, when he had invested the town, he sent a letter

to the governor, specifying that his army consisted of fifty

battalions, and fourscore squadrons; that the Russian army, amounting to

seventy-five thousand men, was within three days’ march of Breslau; that

no succour could be expected from the king of Prussia, encamped as he

was on the other side of the Elbe, and overawed by the army of count

Daun; that prince Henry, far from being in a condition to bring relief,

would not be able to stand his ground against the Russians; that

Breslau, being an open mercantile town (not a fortress), could not

be defended without contravening the established rules of war; and

therefore the governor, in case of obstinacy, had no reason to expect

an honourable capitulation, the benefit of which was now offered. He, at

the same time, sent a memorial to the civil magistrates, threatening the

town with destruction, which could by no other means be prevented than

by joining with the inhabitants in persuading the governor to embrace

immediately the terms that were proposed. Count Tavenzein, instead of

being intimidated, was encouraged by these menaces, which implied an

apprehension in Laudolm that the place would be relieved. He therefore

replied to the summons he had received, that Breslau was not simply a

mercantile town, but ought to be considered as a place of strength,

as being surrounded with works and wet ditches; that the Austrians

themselves had defended it as such after the battle of Lissa, in the

year one thousand seven hundred and fifty-seven; that the king his

master having commanded him to defend the place to the last extremity,

he could neither comply with general Laudohn’s proposals, nor pay the

least regard to his threat of destroying the town; as he had not been

intrusted with the care of the houses, but with the defence of the

fortifications. The Austrian convinced him that same evening, that

he threatened nothing but what he meant to perform. He opened his

batteries, and poured in upon the town a most terrible shower of bombs

and red-hot bullets, which continued till midnight. During this dreadful

discharge, which filled the place with horror and desolation, he

attempted the outworks by assault. The Croats attacked the covered way

in different places with their usual impetuosity; but were repulsed with

considerable loss, by the conduct and resolution of the governor and

garrison. These proceedings having made no impression on Tavenzein, the

besieging general had recourse again to negotiation; and offered the

most flattering articles of capitulation, which were rejected with

disdain. The governor gave him to understand, that the destruction of

the town had made no change in his resolution; though it was a practice

contrary to the law of arms, as well as to the dictates of common

humanity, to begin the siege of a fortress by ruining the inhabitants;

finally, he assured him he would wait for him upon the ramparts,

and defend the place to the utmost of his power. His observation was

certainly just: nothing could be more infamously inhuman than this

practice of making war upon the helpless unarmed inhabitants of a town

which has the misfortune to be beleaguered; yet the besieger pleaded the

example of the Prussian monarch, who had before acted the same tragedy

at Dresden. Laudohn being thus set at defiance, continued to batter

and bombard; and several subsequent assaults were given to the

fortifications.]

The History of England in Three Volumes, Vol.II. Continued from the Reign of William and Mary to the Death of George II. · 第 32 / 32 章

“In the case before us, it is not the merit of admiral Byng that I