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An ESTIMATE of the DEBT of bis Majefty's NAVY on the Heads bereafter mentioned, as it flood on Dec. 31, 1751.

HEADS of the Naval Eftimates. Wear and tear, ordinary and transports. UE to pay off and difcharge all the

Dbil's rexiftered on the courfe of the

navy for ftores, freight of transports, &c. fupplied for the fervice thereof

To pay off and difcharge bills registered on the faid courfe for premiums allowed by act of parliament on naval ftores

For freight of tranfports and tenders, and' for ftores delivered into his majefty's feveral yards, for which no bills were made out or Dec. 31, 1750, alfo feveral bills of lexchange

To his majesty's yards and rope-yards for the ordinary and extraordinary

For half pay to fea officers according to an enablishment made by his late majesty in council on that behalf

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I ue, for short allowance to the companies of his majesty's fhips in pay, and which have been paid off

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For paying off all the bills entered on their? 311687 2 10

courfe

For provifions delivered, and fervices per-) formed, for which no bills were made out on Dec. 31, 1751

For neceffary-money, extra-neceffary-mo-2 ney, bills of exchange and contingencies

To the officers, workmen, and labourers employed at the feveral ports Sick and burt, the debt of that office as per efti

mate received from thofe commiffioners, viz. Due, for the quarters and cure of fick and wounded feamen fet on fhore from his majefty's fhips at the feveral ports, and for prifoners of war and contingencies relating to the faid fervice

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There was Demaining in the Hands of the late and prefent Treasurers of the NAVY on Dec. 31, 1751, in Money as undermentioned, and may be reckoned towards futisfying the aforesaid Debt of the Navy.”

In what

treasurers

bands.

Wear and tear or

dinary and tranfp.
£. S. d.

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S. d. 98 1

Total. £. S. d.

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A SOLUTION to the GEOMETRICAL QUESTION in February Magazine, p. 75. -+

ET the circles touch, and join their centers.

Now fince the right lines joining their centers pass thro' the points of contact, these right lines form a light-lin'd triangle, whofe area is equal to the areas of the three sectors FAD, FCE, and DBE, plus the area of the curvilineal triangle FDE.

Therefore the area of the right-lin'd triangle, minus the area of the three fectors, equal to the area of the curvilineal one. 2. E. D.

G

CALCULATION.

EHD=20.

Per queft. the circles are given, therefore suppose their radius's as follows, viz. GFD=40, FEI 30, and Hence the fides of the right-lin'd triangle are given, viz. AC 70, AB 60, and BC 50. Confequently its area = 1469, 8075. By trigonometry the angles are FAD 44° 21' 36", FCE= 57° 7' 12", and DBE=78° 31′ 12′′. Hence the length of the arch FD=30, 96328, of FE 29, 90232, and of DE=27, 40348.

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The area of the fector F AD=619, 2656, of FCE 448, 5348, and of DBE 274, 0348; their fum = 1341, 8352. Therefore 1469, 8075-1341, 8352 127, 9723, the area of the curvilineal triangle FED. 2.E.D.

FRANCIS KING.

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218

·Sloop DIAMOND plundered by the Spaniards,

The following authentick Piece is of too interefting a Nature to be omitted.

JAMAICA, ff.

PAT

Kingston.

May

found in her: That the Spanish failors. rummaged and plundered the steerage and hold, tripping the failors of all they could poffibly take from them; their officers likewife behaved very little better than pirates. That on the third of the faid January, the captain of the small Aloop, and the commodore's lieutenant, whofe names we could not learn, came on board capt. Lawrence, and ordered all the prifoners to go on board a schooner, which they had taken two days before out of fight of land, on her voyage from Philadelphia to Jamaica; but capt, Lawrence infifting peremptorily, that he and his people would stay by his floop, and wait the flue of a trial, in order to proceed on his intended voyage, if acquitted, the Spaniards left us for the prefent; but in the morning, the aforefald Spanish officers compelled the above-named deponents, with five of capt. Lawrence's failors, to go on board the aforesaid, fchooner, leaving capt. Lawrence, his mate, and four failors on board his own floop. As foon as the aforefaid passengers and failors were on board the faid fchooner, the Spaniards fent their craft on board for the deponent Patrick Roney, and carried him on board the faid floop Diamond; that they there examined him from whence the faid floop Diamond came, and how the faid Spanish money came on board her: That this deponent told them, that the fealed bags were money taken in on freight for South-Carolina, and those unfealed was money for the returns of the faid floop's cargo from New-York. That they then drew_up_a writing on a paper, and defired the faid deponent Patrick Roney to fign it; that on bis refusing to fign, the faid writing, they hailed the commodore, who ordered the faid deponent Roney on board of him; that he was there threatened very hard to make him fign it; that he then told them he was ignorant of what they wrote, and apprehended it was fome villainy, which they wanted to force him to fign: That on refusal again to figniit, the aforefaid Don Domingo Santio took the faid deponent by the ears, fwearing he would cut them off, if he did not Gign the aforesaid paper. That after several threatnings of the like kind, he was forced to sign thro fright and terror, tho' he did not underftand one word of the contents: That he was then ordered on board the faid fchooner, who weighed anchor, and failed for Jamaica, where we arrived on the 6th

D

ATRICK Roney, John Holt, and Francis Welch, paffengers on board the floop Diamond, of New-York, Nathaniel Lawrence, commander, being feverally and duly fworn on the Holy Evangelifts, depofe and fay, That they failed from Port-Royal in the faid floop Diamond, the 23d day of Dec. 1751, bound for Charles-Town in South-Carolina : That on Jan. 2 following, being then off Cape Nicholas, they faw a floop coming out of the Mole, fteering clofe by the wind, which they took to be a floop B bound to Bofton, that failed from Jamaica a fmall time before them. That the faid. floop got the wind of them; then bearing down within gun-fhot of them, they hoifted a French pendant; the floop Diamond then put her helm a-lee, and made fail to the northward, and was chafed by the other floop, who being in our wake, C fired a shot at us. Capt. Lawrence shortned fail, and the faid floop, on coming up with us, ordered our boat out immediately; but as we made no dispatch, they directly hoisted their own crafts out, manned with 12 or 14 Spaniards and a Spanish officer, who took possession of the faid floop Diamond, and carried her into Cape Nicholas Mole. That upon our being carried under the stern of their commodore, called the Victoria, Don Domingo Santio, commander, were faluted with drums, trumpets, and loud huzzas. That as foon as we came to an anchor, the faid. floop-Diamond was boarded-by the commodore's captain that brought us into the faid Mole, whofe names they E would not difcover; that they immediately ordered Capt. Lawrence's chest to be opened, and over-hauled the governor's let-pafs, and cuftom-house clearances, and then over-hauled the cash in the said cheft, which we computed amounted to 3000l. Jamaica currency, at the fight of which money the Spaniards fhouted and danced for joy: That they took an account of the number of the bags, and the marked contents, then put the money into the faid cheft again, and gave the key of it to capt. Lawrence, and then went immediately on board the aforefaid commodore, leaving a fufficient guard of Spaniards on board the faid floop Diamond: That they foon returned again, and ordered the chest to be re-opened, and counted the loofe money that was in it; that they then over-hauled all the chefts in the veffel, and took into their poffeffion all the cash in general that was

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1752. ABUSES with regard to LAW-SUITS.

Extract from the Supplement, lately pullified,

to the Memoirs of the House of BRANDENBURG.

HERE are two rocks which judges

B

Tought to avoid fplitting upon cor-
ruption and error: Their confcience should
fecure them against the first; and the le- A
giflator against the fecond. This is prin-
cipally effected by the perfpicuity of the
laws, which leaves no room for cavilling;
and in the next place, by the fimplicity of
the pleadings. The council may be or-
dered to confine themfelves to a plain nar-
ration of the fact, fupported by fome
proofs, and terminating in an epilogue,
or a fhort recapitulation. Nothing bears
fuch a fway with it, as the art of manag-
ing the paffions, in the mouth of an elo-
quent orator; he feizes, as it were, on
the mind of the judge; he fecures him
in his intereft; he excites his paffions;
and he impels him, in fine, like a torrent:
Thus the juftice of the caufe is facrificed
to the bewitching charms of eloquence. C
Lycurgus and Solon prohibited this kind
of oratory; and if we meet with fome
instances of it in Demofthenes's Philip
pics, and in the orations pro Corona by
him and Æfchines, we are to obferve
that they were not pronounced before the
court of Areopagus, but before the peo-
ple; that the Philippics are of the delibe-
rative kind; and that thofe pro Corona D
are rather of the demonstrative than of
the judicial kind.

The Romans were not fo fcrupulous as:
the Greeks in regard to their judicial
pleadings. There is not one of Cicero's
pleas, but is worked up with all the art
of moving paffions. I am forry to
diyi ve term ontor; bar we and in E

his oration pro Cluentio, that he had plead-
ed before for the oppofite party; and tho'
Cluentius's caufe does not seem abfolutely
good, yet it was carried by the impofing
art of the orator. Cicero's mafter-piece
is, without doubt, the peroration pro
Fonteio; it gained his client the cause,"
tho' he appears guilty. What an abufe
of eloquence, thus to evade the very best F
of laws, by its illufive charms!

Pruffia has followed the example of Greece, by banishing the dangerous fubtleties of eloquence from her courts of judicature; and for this, the is indebted to the wisdom of the high chancellor, whofe probity, learning, and indefatigable activity, would have been an honour to the G Greek and Roman republicks, even at the time when they were most fruitful in great

men.

There is still another article remaining, which ought to be included under the

219

obfcurity of laws; this is the tedious practice of the courts, or the number of delays, which the parties at law must gơ thro', before the fuit is determined. Whe ther they are injured by the iniquity of the laws; or whether their rights are confounded; or whether the length of the proceedings fwallows up the very property for which they are contefting, and deprives them of the advantages due to them; it all amounts to the fame : One may be a greater evil than the other; but all abufes want a reformation. Whatever lengthens the courfe of proceedings, gives a confiderable advantage to the rich over the poor; they find means to spin out the caufe from time to time, till they ruin their adverfary, and are left to run the race by themselves.

Law fuits formerly lafted in our coun try above an hundred years. Even when the caufe had been decided by five courts, the party who was caft, might appeal, in open contempt of justice, to the univerfities; and the civilians altered the fentence as they thought proper. Thus the party at law must have been very unlucky indeed, if, in five different courts, and I know not how many universities, he could meet with no body whofe heart was open to venality and corruption. This method of proceeding is now abolished; caufes are determined finally in the third instance; and judges are allowed only the space of a year to décide the most intricate caufes.

The following ingenious Letter is faid to be sorote by a Country Curate to bis Sifter. Dearest Sufan,

ONGRATULATIONS on the

C new-year How from every pen, and

proceed out of every mouth. Let not me be found tardy in expreffing mine to you. To with you many and happy, is downright selfishnefs. To tell you i have read lord Oy, and to fay I admire him as a letter-writer, feems tautology. He has drawn Dr. Swift in an odd fort of contraft*. Had I the picture for part of my furniture, I fhould be at a loss what light to place it in ; fometimes I should think the strongest the most advantageous; at others, I fhould wish to caft all the fhade upon him I could. Sometimes the portrait attracts my admiration, but of tener my indignation. Now, I am led to envy his genius; then, I heartily contemn his mal-application of it.

Were I poffeffed of lord Oy's pen, I find I fhould be in the humour to cavil at his account of the dean; but, alas ! his ftile and title are equidistant from me By tranflating Pliny he feems to have

Ser Lond. Mag, for left year, p. 483.

caught,

220

REMARKS on Lord O-Y's LETTERS.

caught, as it were, the pithy conciseness peculiar to that elegant Roman. Yet, when I write to you, I boast myself his lordship's equal in one particular; he loved his Hamilton, I my Sufan. As a token of my love, I here fend you his lordship's letters. I hope you have not yet feen them, as one would always prefor a future to a past enjoyment. I know

May

a mixture of panegyrick and fatyr: In one fentence we are taught to adore his boundlefs genius, in the next we are led to deteft his pride, his fpirit, or his ambition, reprefented equally fo. To give deferved praife is undoubtedly worthy of a noble pen. To difcover the foibles of one's intimate is, methinks, unworthy of a friend's. Lord Oy and Dr. Swift

your curiofity will oblige you to read, and A were dear to each other. Brutus and

your ftrong fenfe to relifh them. Next to his lordship's, mine, I guess, will be an entertainment to you; and the more fo, as I intend this, and perhaps some subfequent ones, fhall contain my opinion of that work of his lordship's, intitled, Remarks on the Life and Writings of Dr. Swift.

The only preface I fhall make, is, that B neither vanity, nor a critical ill-nature, but much leifure, a narrowness of income that incapacitates me for much company, and a fituation where the Indies could not purchase it, has prompted this undertaking.

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Begin we then with his lordship's first letter. His exordium has a natural ease

C

and delicacy. He puts his fon in mind of
his happy fituation at Oxford, and the
advantages of a learned converfation, as
a hint to make proper improvements by
them. When I read this, it brings to my
memory my Alma Mater. It makes me
reflect, as grown up people who have
mifufed their parents indulgencies general-
ly do, what benefits I might have receiv-D
ed from her foftering breaft. With equal
pride and truth I write it-I converfed
freely with my fuperiors every way, and
was entertained by them as their equal.
But enough of self-proceed we now to
lord O--y.

I cannot help admiring the confession
his lordship makes in his fecond para-
graph. For men of his ftrength of ge- E
nius to wish retirement is an error cer-
tainly, I had almost said an unpardonable
one, and nothing but his manner of em-
ploying that folitude could have atoned
for it. The man of parts fhould be bufy
in the world. Not to exert, is not to
merit talents. Achilles kulking in a fe-
male drefs to avoid a Trojan fight, ex-
cites the indignation of a fchool-boy.
Achilles in the field inflames the full-
grown foldier.

F

His lordship's impartiality to his two honourable fons bespeaks the real parent. Each, as his due, fhares the falutary labours of his pen. The one, he made acquainted with the inimitable Pliny; the other, with the foremost wit of all G the world, Dr. Swift.

The general view his lordship gives us of the dean's character feems vastly ænig ́matical; filled with almost contrarieties;

Caffius were no lefs fo; and I cannot help
thinking one of Caffius's speeches to Bru-
tus, in Shakespear's Cæfar, a little appli-
cable to his lordship.

A friend fhould bear a friend's infirmities,
But Brutus makes mine greater than they ares

The remaining part of this first letter of his lordship's affords little matter for obfervation. It contains an account of the time, place, and the legitimacy of the dean's nativity, together with his genealogy; none of which, I dare answer for it, is apocryphal.

The circumftance of Dr. Swift's being refused his degree, on account of his negleft of the mathematicks, is matter of no amazement to me. Had he been of one of our universities he might have met the fame refufal. All I can fay to excuse his defpifing that useful fcience is, that it feems rather adapted to a fixt attention of mind, than a foaring genius.

If this attempt amufes you, my Sufan, obfervations on the reft of his lordship's letters fhall follow, not with a defign to vent the spleen of a critick, but to shew the tender affection of a

BROTHER.

Having given in our last an Abstract of the BILL for the Relief of the Poor, we spall now give an Abstract of a Bill of the fame Nature, which was brought in but not paffed into a Law laft Seffion, intitled, A Bill for the better Maintenance and Employment of poor Children, within that Part of Great-Britain, called England.

THE

HIS bill was brought in, and the paffing of it fufpended for the fame reafon as the former, and the preamble fets forth the prefent burden of the poors rates, the neglect of applying any part of them towards the employment of the poor, or the education of their children, the advantage that might accrue from this application, and that this cannot be fo well effected, whilst the poor are maintained in small numbers, and within diftinct families, as in large and well ordered houfes, fet apart for that purpose; therefore the bill enacts,

1. That the juftices of the peace in each county or riding in England, fhall set out and

The most obfcure part of Effex.

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