March 1762. Papers relative to the rupture with Spain. It is therefore the King's pleasure, that your Excellency fhould ufe the most preffing inftances to M. Wall, to obtain fuch communication as is above mentioned; and it is hoped, that you will easily convince a minifter fo thoroughly acquainted with the nature and conititution of this country, of the importance of this teft of friendship, to the support of that defirable harmony between the two courts; and how much a refufal to give due fatisfaction on this head, would impede and obftruct his Majesty's beft intentions to wards that valuable object. It is needlefs to recommend to your Excellency, to urge this matter in the most polite and friendly terms; gently infinuating the above arguments, to fhew, that his Majefty ought to be fatisfied as to this matter, before he proceeds to other points. In order to prevent any perverfe impreffions which Mr Pitt's retiring from public business, at this juncture, might occafion, it is proper that I fhould affure your Excellency, that the meatures of government will fuffer no relaxation on that account: on the contrary, I may venture to promife, that the idea fuggefted by fome malevolent perfons at home, and perhaps induftriously propagated abroad, of the whole fpirit of the war fubfiding with him, inftead of difcouraging, will only tend to animate the prefent miniftry to a more vigorous exertion of their powers, to avoid every pollible imputation of indecifion or indolence, which ignorant prejudice might fuggeft: and the example of the fpirit of the late meafures, will be a fpur to his Majefty's fervants to perfevere, and to stretch every nerve of this country, towards forcing the enemy to come into a fafe, honourable, and, above all, a lafting peace. I farther have the pleasure to inform your Excellency, that the most perfect harmony, mutual confi. dence and unanimity, now reign in his Majesty's councils; with a thorough determination to push the war with fuch vigour, as will, it is hoped, under the hand of Providence, procure ftill farther fucceffes to the just caule for which this country drew the fword. The King at the fame time continues to be difpofed, with equal moderation, to put an end to the dreadful calamities of war, the moment the enemy will liften to fuch terms of peace as fhall be confiftent with his Majefty's honour, in fome degree adeuate to the fucceffes of his arms, and alculated, by promifing permanency, to 119 preferve mankind from the various diftreffes and miferies which have been so fatally experienced during the course of this cruel and bloody war. Ditto to ditto, ditto date, fecret and confidential. I am further to inform your Excellency, for your private direction, That, in cafe you fhould find infuperable objections, to fuch a communication as is expected in my moft fecret letter of this date, and that, in lieu thereof, it fhould be propofed to give his Majefty folemn affurances of the innocence of the treaty in question with refpect to the King's intereft; in fuch cafe, your Excellency is not totally to reject the alternative, but to take it ad referendum to be tranfmitted to your court: Provided always, that, the faid affurances be given upon his Catholic Majesty's royal word, fignified in writing, either by the Spanish fecretary of ftate to your Excellency, or by the Conde de Fuentes to the King's fecretary of ftate here, and not otherwise. Ditto to ditto, ditto date, separate and fecret. I referved for this feparate and fecret letter the King's commands, that your Excellency fhould pay the most particular attention to what is palling, ac this critical conjuncture, at the court where you refide; it being highly impor tant to his Majefty's fervice, that you fhould not only use your utmost endeavours to penetrate, as far as you can, into his Catholic Majesty's real views, as well as into the prevailing temper and fentiments of his principal minifters, bot that you should obferve, with a watchful eye, every new order or regulation relative to their fea and land forces, or to their credit and finances, as far as the fame fhall appear to your Excellency to indicate the leaft difpofition in the court of Spain to depart, in any fhape, from their neutrality, either by openly or fecretly aflifting his Majesty's enemies.I am only to add, that your Excellency, in the diligent profecution of this object will moft cautiously avoid the least mark of offenfive diffidence, which might, in any degree, tend to interrupt those friendly difpofitions, which his Majesty fincerely wilhes to cultivate and improve [Thefe papers to be continued.] SIR, London, March 31. HE humorous and natural defcription THE given in the papers, of the failors lugging along the cannon atMartinico, [158.] brought to my remembrance aftory I heard heard of the whimsical behaviour of fome feamen who were emploved on the fame kind of fervice at the taking of Quebec ; which was related to me by an officer prefent, a gentleman of veracity; and is as follows. The honeft tars being ordered from the fhips to draw the cannon up the eminences whereon they were to be fixed, performed this bufinels with their accuitomed dexterity and alacrity; but on their return to go on board again, obferving the foot-foldiers drawn up for engagement, instead of continuing their route, they fell into the ranks among the foldiers, fome having cutlaffes in their hands, others fticks, and fome nothing at all. As foon as Gen. Wolfe perceived them, he addreffed himself to them with great affability, thanked them for the fervice they had performed, and defired they would immediately repair to their fhips, as their ftay among the foldiery, unarmed, and unacquainted with the difcipline of the army, as they must neceffarily be, would only expofe their lives, without their being able, in fuch a fituation to be of the leaft fervice to their king and country. To which fenfible and humane advice, fome of thefe brave thoughtless fellows, cried out, "God blefs your Honour, pray let us ftay and fee fair play between the English and the French." The General could not help finiling, but again repeated his request, that they would return to their fhips. Upon this fome complied; but others, when the General's back was turned, fwore, that "the foldiers fhould not have all the fighting to themfelves, but that they would come in for a fhare fome way or other;" and actually remained in the ranks, and when a foldier dropped in the action near any of them, they put on his accoutrements, charged and fired with the rest. Now though this is a step which is not to be juftified in point of prudence, yet it fhews, what confummate bravery thefe men are poffeffed of. And here, Sir, I dare fay, a wifh arifes in your breaft, and in that of every humane perfon, that the number of brave fellows, both of the army and navy, the defence and glory of the nation, will have fome provifion made or fome employment ftruck out for them, whenever the bleting of peace fhall render their further fervices unnecessary. This has been often propofed, and I hope will be timely confidered. I am, &c. PHILANTHROPOS, To the Honourable the Commons of Gr The humble Representation and Petition Setting forth, That fince the commencement of a late relating to matrimony [xv. 433.1, they ferve, with regret, that marriages have b much less frequent than formerly. That th have indeed had many fuitable offers made the by captains, fubalterns, petty officers, and vate men, both in the army and navy; but el their duty in the public fervice rendered it ab lutely impoffible to comply with that restrict claufe of a month's refidence in one place, wait the tedious time of three weeks for the blication of banns; whereby great numbers your petitioners are left in ftatu quo, and depriv of the opportunity of contributing to the be peopling of their dear country; a circumftan that gives them infinite concern. That a fresh war now breaking out, and lar draughts of mankind already gone and going broad, yields but an uncomfortable profpcct the females left at home. That the dead weig of bachelors, fo often complained of, ftill co At the fame time that we petition tinues. relief, we must with candour confefs, that for part of the hardships we labour under may owing to our own levity and indiscretion; not refufing matches when offered, which cannot laid to our charge; but by our thoughtless a exp.nfive way of life, and our incapacity for d meftic concerns, thereby frightening the t cautious males from making fuch propof We have seen the folly of our own conde and lament the confequences of it; but as are refolved upon an entire change in our beh viour, we hope to receive the indulgence of nitent finners, and be confidered as a body th We shall n may be of fome ufe to the state. prefume to dictate to our governors and gua dians as to the manner and quantum of our drefs, but only take the liberty to obferve, th the act above mentioned, and the fcandal number of bachelors, are abominable in e eyes; and as a convincing proof of our wiling nefs to be employed in the fervice of the pub we shall be content with a patriarchal benev lence, and share with a partner thofe conuubi joys that have hitherto been deemed to belon to one alone. It is hoped that the importance of this affa to the public, and the confolation of fo man individuals, will appear to deferve your ferio confideration, and induce you to grant ther fuch relief as to your great wifdom may fee PROCEEDINGS in the SESSION of PARLIAMENT 1760-61, continued. [72.] As this was the first feflion of a new reign, when acts of indemnity or mercy are usually paffed, it was not to be doubted but our imprifoned debtors, whose numbers were furprisingly great, would petition for that mercy from the legiflature [xxiii. 129.], which they could not obtain from their provoked, often justly provoked, creditors. Accordingly, there was prefented to the Commons, Dec. 17. and read, a petition of the prifoners confined for debt in his Majefty's prifon of the King's-bench, in behalf of themselves, and the reft of the prifoners within this kingdom, complaining of their diftrefs, and praying relief. This petition was then only ordered to lie upon the table; but on the 12th of January, feveral petitions to the fame effect, having been prefented from the prifoners for debt in the Fleet, and other prifons, it was ordered, that leave fhould be given to bring in a bill for relief of infolvent debtors; and a committee was appointed to prepare and bring it in. On the 19th the bill was prefented by Mr Budgen; when it was read a first time, and ordered to be read a second time, and to be printed. On the 26th, there was prefented, and read, a petition of the imprisoned bankrupts, confined within the walls of the King's-bench prifon, taking notice of this bill, and representing to the houfe, the unhappy circumftances they and others in the like fituation fhould be in, from a claufe in the bill, excepting thofe unfortunate bankrupts who had not obtained their certificates, from receiving any benefit from the act; and expreffing their hope, that as the legislature had hitherto judged other infolvents to be proper objects of favour, the premises confidered, the petitioners fhould be no longer excluded the common benefit of acts of infolvency. This petition was ordered to lie on the table, until the bill fhould be read a fecond time; and on the 28th, after the bill had been read a fecond time, and committed, it was ordered that this petition fhould be referred to the confideration of the committee. What confideration it there met with, I fhall not pretend to give an account of; but it is certain, that the petition had no effect; for this excepting claufe ftill ftands a part of this infolvent act, as it has done of all - VOL, XXIV. former, ever fince it was first introduced; which I am the more furprised at, as the houfe had but very lately had before them, the cafe of a bankrupt in which there was an appearance of the most flagrant injuftice and oppreflion [xxii. 291.], and as one of the first principles upon which all focieties have been established, is to prevent any man's being a judge in his own caufe. Even where flavery is allowed, the laws of all fuch countries have provided against a man's punishing his flave in a cruel and inhuman manner; and yet this fort of punishment is by our law allowed to be inflicted upon a bankrupt freeman, by any man who, by the largenefs of his debt, can prevent his bankrupt debtor's obtaining a certificate; for I will fay, that after the law has obliged a man to furrender up his all upon oath, under the pain of death for the leaft concealment, imprionment for life is one of the most cruel and inhuman punishments that can be inflicted, as fuch a prifoner muft die by inches either of cold or hunger, unless supported by charity; which is a fupport that fhews the compaflion of thofe that give it, but no way extenuates the cruelty of him who inflicts the punishment, or of the law that allows fuch a punishment to be inflicted. I am therefore perfuaded, that this excepting claufe would have been omitted, if the friends of the bill had not apprehended, that fuch an omiffion might have been the cause of the bill's being thrown out upon the third reading; for against every infolvent bill there has always been great intereft made by jail-keepers, ufurers, and extortioners, who fuffer in their trade by every fuch bill's being paffed into a law. For this reafon, every infolvent bill is generally formed pretty much upon the fame plan with the laft preceding; and as this was the cafe with refpect to this bill, except a few alterations or amendments, it met with little oppofition upon the fecond reading. The bill was committed and recommitted, amendments were made to it, it was paffed by the Commons, Feb. 27. and fent to the Lords; by whom it was paffed without any amendment; and it received the royal affent [xxiii. 130. 212.] at the end of the feflion. By the last claufe, it was enacted, That no one under the age of fifty, who had been a foldier or feaman, fhould have the $ benefit benefit of this act, unless he fhould, if deemed fit, enter himself into his Maje fty's fervice by fea or land, and fhould continue therein during the prefent war. This was a moft reasonable condition, as it is extremely just, that those who stand in need, and partake of the mercy of their country, fhould be obliged to ferve their country in that capacity which it has at that time the greatest occafion for and I can think of no objection against continuing this claufe, properly altered, in every future infolvent act, even in time of peace, as it might fave a trifle in the expence of recruiting; and every fuch trifle may probably deferve our confideration, after fuch a heavy and expenfive war. The next bill to be taken notice of, was that to extend the provifions relating to the holding of courts-martial, and to the punishment of offences committed in the Eaft Indies, contained in an act 27° Geo. II. to the East-India company's fet tlement of Fort Marlborough, &c. which was ordered by the Commons to be brought in on the 9th, and was prefented on the 11th of February; and paffed fo quickly, that by the 25th it had received the concurrence of the Lords, and on the 3d of March it received the royal affent. [xxiii. 106.] The palling of this bill was occafioned by his Majesty's having just granted a charter to the East India company, for erecting and holding, at the company's fettlement of Fort Marlborough, near Bencoolen, on the weft coaft of the ifland of Sumatra, in the East Indies, courts of judicature, as well for civil as criminal causes, and for other purposes therein mentioned. If there had been any fuch general claufe, with refpect to future fettlements, in the act 27 Geo. II. as was now propofed, there would have been no occafion for this new act, but our minifters could not then venture to propofe a general bill; for though the bill was confined to the principal fettlements then poffeffed by the company, yet it met with great oppofition in parliament [xvi. 387.]: from whence we may fee, that it is much easier for a minifter to obtain an extenfion of any royal prerogative, in time of war, thanin time of peace. Cardinal Richelieu once, in a paffion, faid, he was refolved mettre la couronne hors de lifieres, "to put the crown out of leading ftrings" and by the wars which happened in his time, and that of his next fuccellor, this defign, which, I believe, is the fecret, though feldom the profeffed defign, of moft minifters, wa completely effected in the kingdom o France. But in this kingdom, it is to be hoped, our parliament will always take care to guard against the completion of any fuch minifterial defign. Even cor ruption itself thould guard against this e vent; for if the people fhould once be convinced, that our parliaments are, by means of corruption, become abfolutely dependent upon the crown, they will, like the people of Denmark, be apt to join with the crown, in throwing those coftly leading-ftrings into the fire, which they find must always be purchased at their expence. On a motion made, Jan. 16. the Commons cauted read the act [xxi. 147.] 32°. Geo. II. to difcontinue the duties payable upon tallow imported from Ireland; and then refolved to go into a committee on that act on the 19th; which they did accordingly; and the following refolution was the fame day reported by Mr Kynafton, viz. That the provifions in the act fhould be extended to hogs lard and greafe. Pursuant to which a bill was ordered, and brought in; which passed in courfe, and received the royal affent on the 3d of March [xxiii. 105.].—To prevent oppofition to what was then propofed, no attempt was made to render the act perpetual, or even to continue it for a longer term; though it expires at the end of the next feflion after the 1st of May 1763; one of which, or even the first, would certainly have been proper upon this occafion, in order to prevent the mul tiplication of our statutes; for no good reafon can ever be aligned for allowing this act to expire [xxii. 6.] And if ever an oppofition fhould be made to its continuance, fuch oppofition would be the ftrongeft reafon for rendering it perpetual; becaufe fuch oppofition can never arife from any thing but a private, felfith, and monopolizing fpirit, which it is the public intereft in every cafe to extinguilh, left it should ever, by an unlucky concatenation of caules, prevail against a beneficial and neceffary law. On the 26th of January, the act 18a Geo. II for amending, and rendering more effectual, an act 5° Geo. II. for the further qualification of justices of the peace, was read in the house of Commons; and a bill was ordered to be brought in to amend that act, so far as it obliged perfons whe had taken and subscribed the qua lifications March 1762. Proceedings in the feffion of parliament 1760-61. lification-oath thereby required, to take and fubfcribe the fame again. This bill 73 was prefented next day by Mr Ald. Dickinion, and it paffed in courfe, and received the royal affent [xxiii. 106.] likewife March 3. The new act, after reciting the aft 18° Go. II. proceeds in fubftance as follows. -"But as doubts have arifen, whether perfons who were juftices of the peace at the demife of his late Majefty, and who have been, or fhall be, conftituted juftices under any commillion from his prefent Majefty, can act, before they fhall have taken and fubfcribed the oath by the recited act directed; for want of which there may be a failure of the due execution of the laws; for clearing fuch doubts, it is enacted, That all perfons who were juftices of the peace at the demise of his late Majefty, or who fhall be fuch at any future demite of the crown, and fhall afterwards be appointed juftices, and who hall take the oaths of office of a justice, before the clerk of the peace, or his deputy, of the respective county, &c. for which he or they fhall act, or intend to act, and fhall have formerly taken and fubicribed the oath, by the recited act required, may act as a juftice of the peace for fuch county, &c. without being obliged to take and fubfcribe again the faid oath." This amendment is certainly very proper. For by the multitude of our oaths, and affidavits, and our carelefs ridiculous manner of adminiftering them, [in Eng. land], we have fo familiarifed the folemnity of fwearing, that, among the vulgar cf all ranks, it has loft that reverence which is due to it; the confequence of hich is, that the most innocent man is now in great danger, when to his misfortune his life, liberty, character, or property, comes, by cafualty or miiconend, to be determined by a court of judicature upon parole evidence. To this calamity our government-oaths have contributed a very confiderable fhare; as fach numbers of people are not only obEged to take them, but frequently to repeat the taking of them; and as they are taken in a more public, though not a more folemn manner, than any other fort of oaths. And this calamity they contriute to increase, without producing any public benefit, by contributing, in the eaft, to the fecurity of government; as we may learn both from history and experience. On the contrary, I believe 123 they tend to fap the fecurity of government, in every country where fuch oaths are eftablifhed; for the fecurity of every government depends upon propagating a folid and steady principle of true loyalty among the people: and government-oaths have the fame effect upon true loyalty, that eftablished creeds and confeffions of faith have upon true religion; both loyalty and religion are thereby transferred from the heart to the tongue; the whole becomes profeflion, generally without any practice but what is inforced by penal laws. On the 2d of March, the act 24° Geo. Ir. for the better preservation of the game in Scotland [xiii. 276.], was read; and thereupon the Commons gave leave to bring in a bill for the fame purpose, and for repealing part of that act; and ordered Mr Ofwald, Mr Pryfe Campbell, and Mr Chancellor of the Exchequer, to prepare and bring it in. As the defign of this bill was only to alter the time limited by the former act for killing game, it was prefented by Mr Olwald next day,* paffed of courfe, and received the royal aflent at the end of the fellion. We gave an abstract of this act immediately after it was paffed [xxiii. 225.]. -If any perfon be accused of tranf grefling the act, he muft either confefs, or he may be obliged to deny his being guilty upon oath; the certain confequence of which must be, a propagation of perjury; from whence it would feem, as if the gentlemen of Scotland had a greater con cern for the preservation of the game, than they have for the religion or morals of the people. However, they have not as yet allowed their care of the game to carry them fo far as to difarm the people, in any part of that country where they are now allowed to have arms: whereas by our game-laws here in England, particularly the aft 22° & 23° Car. II. cap. 25. under pretence of preferving the game, we have difarmed every man in the kingdom, with very few exceptions, who is not pofleffed of a land-eftate of the clear yearly value of roo 1. in fee, or for life, or of a leafehold-eftate for ninety-nine years, of 150l. per annum, of clear value. How our lawyers of thofe days could reconcile this act with the militia-act of the 13th and 14th of the fame reign, which was then a ftanding law, and continued fo to be till within thefe very few years, is to me a mystery, which would require the fubtility of a Dutch civilian commentator to unfold. By the militia-act every Sa man |