1. That a proposal of Arbitration such as was wished for should be
accepted when offered.
2. That Mr. Way, to whom it was made, is the proper channel through
which it should be answered.
3. That Mr. Palmer, a man of very fair character, assisted by two
gentlemen of the Law, are very proper Arbitrators.
4. That from Parole and written evidence, they should determine
whether the small tythes were warranted, and in case they were,
what abatement should be made to the purchaser for a doubtfull or
imperfect Title to them.
5. As it may be apprehended that Lovegrove, if their Decision was
unfavourable to him, might direct his quibbles to some of the many
other inexhaustible resources of the Law, it is submitted to Mr. H.,
whether the whole business, with regard to the general title, great
tythes, time and obligation to compleating the purchase, had not
better be left to the final award of three Gentlemen of character,
than litigated for half a Century in Chancery.
6. As such an Arbitration will demand several important
preliminaries, that an early meeting should be proposed to Messieurs
Lovegrove and Matthews, where they may confer with Messieurs Newton,
Gibbon, and perhaps Holroyd.
7. That the letter, a copy of which is enclosed, should be written by
next Tuesday's post to Mr. Way if approved of. _Judge and Alter._
190.
_To J. B. Holroyd, Esq._
Boodle's, Wednesday Evening, March 16th, 1774.
Your Epistle of Sunday was not received till Monday night 12 o'Clock,
Consequently your Commissions ceased of Course.
*I was this morning with Newton. He was positive that the attempt to
settle the preliminaries of Arbitration by Letters, would lead us
on till the middle of the Summer, and that a Meeting was the only
practicable Measure. I acquiesced, and we blended his Epistle and
yours into one, which goes by this post. If you can contrive to suit
to it your Oxford journey, your presence at the Meeting would be
received as the descent of a Guardian Angel.
[Sidenote: THE BOSTON PORT BILL.]
Very little that is satisfactory has transpired of America. On Monday
Lord N[orth] moved for leave to bring in a Bill to remove the Customs
and Courts of Justice from Boston to New Salem; a step so detrimental
to the former town, as must soon reduce it to your own terms; and yet
of so mild an appearance, that it was agreed to, without a division,
and almost without a debate.[226] Something more is, however,
intended, and a Committee is appointed to inquire into the general
state of America. But administration keep their Secret as well as
that of Free Masonry, and, as Coxe profanely suggests, for the same
reason.
Don't you remember that in our Pantheon Walks we admired the _modest
beauty_ of Mrs. Horneck?[227] _Eh bien!_ alas! she is * * *. You ask
me with whom? with Scawen, of the Guards; both the Storers, Hodges,
a Steward of Lady Albemarle's, her first love, and half the town
besides. A Meeting of Horneck's friends assembled about a Week ago,
to consult of the best method of acquainting him with his frontal
honours. Edmund Burke was named as the Orator, and communicated the
transaction in a most Eloquent speech.
_N.B._--The same Lady, who, at public dinners, appeared to have
the most delicate Appetite, was accustomed, in her own Apartment,
to feast on pork steaks and sausages, and to swill Porter till she
was dead drunk. Horneck is abused by the Albemarle family, has
been bullied by Storer, and can prove himself a Cornuto, to the
satisfaction of every one but a Court of Justice. O Rare Matrimony!*
[226] The Boston Port Bill was brought in by Lord North on March
14, 1774, and received the royal assent on the 31st. It was
followed on March 28 by the Bill for regulating the government
of Massachusetts Bay. A third Bill was introduced (April 15) for
"the impartial administration of justice;" it provided for the
transfer of persons accused of being concerned in the late riots
for trial in England. All three Bills were passed during the
session. Governor Hutchinson was superseded by General Gage, who
was sent out with four regiments.
[227] Mrs. Horneck, wife of Captain Charles Horneck, Goldsmith's
"Captain-in-Lace" ("Verses in Reply to an Invitation to Dinner
at Dr. Baker's:" _Works_, ed. Cunningham, vol. i. p. 110), was
one of the most abandoned women of the time. She eloped with
her husband's brother-officer, Captain Scawen, who had in the
previous year fought a celebrated duel with "Fighting Fitzgerald."
191.
_To J. B. Holroyd, Esq._
March 29th, 1774.
_Lenborough._--Last Sunday morning I saw R. Way in Bentinck Street.
He had seen Lovegrove both in country and in Town, but it seems
very difficult to make any thing of him. Way pressed him to call
upon me or Newton to settle the preliminaries of the Arbitration.
He replied, that without Matthews he could do nothing. Matthews on
the other hand, when Newton wrote to him, said, that he could be of
no use in town till the conveyances were ready for signing. Such
damned shuffling. Way promised to call on Palmer, who in general has
accepted the office of Arbitrator, and get him to write to Lovegrove
to convince him of the necessity of settling things previously as to
the object of the Arbitration, and penalty of the parties. On his
return into the country he will see Lovegrove and Matthews, and
assure them how strongly I _appeared_ resolved for chancery, if I
found any farther delay or difficulty. Would it were over!
_Beriton._--Mrs. Lee, on receiving Andrews's letter, wrote to him
to desire he would send it up to me (as it seemed written without
my knowledge), and to press that I would disclose my real intention
about repairs, maintaining that according to Law, Honor and my former
declarations, I am obliged to fulfil them, hinting however, that if
I can settle the business with Winton, Mrs. Lee desires to hear no
more about it. On that ground I can direct a most excellent letter to
Hugonin, which may tame the monster without making it desperate.
*_America._--Had I wrote Saturday night, as I once intended, Fire
and Sword, Oaths of Allegiance and high treason tryed in England,
in consequence of the refusal, would have formed my letter. Lrd.
North, however, opened a most lenient prescription last night; and
the utmost attempts towards a new settlement seemed to be no more
than investing the Governor with a greater share of executive power,
nomination of civil officers, (Judges, however, for life,) and some
regulations of Juries. The Boston Port bill passed the Lords last
night; some lively conversation, but no division.
_Bentinck-street._--Rose Fuller the Great was against the Boston port
Bill, and against his niece's going to Boodle's masquerade. He was
laughed at in the first instance, but succeeded in the second. Sappho
and Fanny very indifferent (as Mama says) about going. They seem
of a different opinion.* This morning d'Eyverdun arrived: When you
consider him, morning walks, dinners, Evenings, the general idleness
of town, and my peculiar employment, you must not swear, if I am not
very punctual. Adieu. Duty to My Lady, and love to Maria. I hope the
_latter is quite well_; for Miss Huff insinuated somewhat to the
contrary.
192.
_To J. B. Holroyd, Esq._
April 2nd, 1774.