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1753. D. of Newcafle's Letter to the Pruffian Minister. 53 presented by Mr. Garrick, in the words of the Author. Lewfon too coming across In cur laßt we gave a copy of tbe King of meets Beverly, who, prompted by his de- Pruffia's Memorial in Relation to be Site. fpair; quarrels with him for reporting lie sia Loan ; and now we shall give the Anhad lost his sister's fortune. Lewson de- fwer made to it by his Majesty's Order, nies the charge, and avoids a duel, tho'

which was by way of Letter from the drawn upon, and promising satisfaction Duke of Newcastle to the Pruffian Minion the 'morrow, departs. Jarvis and Bates After bere, as follows, viz. entring, see the quarrel, but only Jarvis comes to him, begs him to come home,

Whiteball, Feb. 8, 1753 and taking from him his sword, prevents

SI R. his murder. Beverly raves, throws him. LOST no time in laying before the felf on the ground in agonies, till raised and soothed by Jarvis; they exit. Then vered to me on the 23d of November we fte Stukely ordering Dawson, another last, with the papers, that accompanied of his gang, to get two officers, and ex- it. ecute the writ on Beverly.

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His majesty found the contents of it fo Act V. Enter Stukely, Bates and Daw- extraordinary, that he would not return fon. Bates dissembling with Stukely, re- an answer to it, or take any resolution uplates how he overtook Lewson, accompa- on it, till he had caused both the Memo. nied him home, and stabbed him as he rial, and the Exposition des Motifs, &c. was reaching his bell, and that the watch which you put into my hands soon after, had found him in the street. Dawson al- by way of justification of what had passed fo gives an account how he executed his at Berlin, to be maturely conlidered ; commission, entered Beverly's lodging c and till his majesty should thereby be enwith two officers, tore him from his wife abled to set the proceedings of the courts and filter, and lodged him in a prison. of admiralty here, in their true light ; to Stukely comparinig the times of the the end, that his Prussian majelty, and quarrel betwixt Beverly and Lewson, the whole world, might be rightly informthe latter being suppored murdered, re- ed of the regularity of their conduct ; in folved to father it on Beverly, and per- which they appear to have followed 'the fuades him he arrested him thro' love, to only method, which has ever been practia fave him from the officers ; and then fed by nations, wliere disputes of this naBates Mall accuse him, and call for wit-D ture could happen ; and strictly to have ness of the quarrel his servant Jarvis. conformed themselves to the law of nati

Scene the lodgings. Mrs. Beverly and ons, universally allowed to be the only Charlotte are discovered lamenting the im- rule, in fuch cafes, when there is nothing prisonment of Beverly. Jarvis enters, stipulated to the contrary, by particular tells how he lost his master in the prison, treaties between the parties concerned. but gives them a joyful account that the This examination, and the full knowuncle is dead, and now joy will succeed, ledge of the facts resulting from it, will and they all exit to the prison, to cheer E Mew, so clearly, the irregularity of the Beverly with the news.

proceedings of those persons, to whom Scene the prison. Beverly is discover- this affair was referred at Berlin, that it ed there alone, and after a long debate is not doubted, from his Pruffian majeon suicide drinks poison ; they enter to fty's justice and discernment, but that he him, tell him the news, which now adds will be convinced thereof, and will reto his agony, in the midst of which he voke the detention of the sums assigned acquaints them, he hath fold that enate upon Silesia ; the payment of which, bis for a paltry fum, and lost it. Stukely Pruffian majesty engaged to the emprefsenters to them, brings bim a discharge,

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queen to take upon bimself, and of which and with a thew of love acquaints him he the reimburfcment was an express article had him secured to save him, on account in the treaties, by which the ceflion of of Lewron's murder. Charlotte is alarm- that dutchy was made. ed at this, and on Stukely's persisting in 1, therefore, have the king's orders to acculing Beverly, Bates and Dawson enter, send you the report, made to his maje. and produce Lewson alive. Stukely is sty, upon the papers abovementioned, by seized by his own servants, and carried Sir George Lee, judge of the prerogative oul to justice ; then Beverly accuses him-G court ; Dr. Paul, his majesty's advocatefelt of too much hafte, acknowledges his general in the courts of civil law ; Sir poisoning himfelf, and commending his Dudley Ryder, and Mr. Murray, his mafamily to Lewson's care, dies a terrible jesty's attorney, and sollicitor-general. example to all gamesters,

This report is founded on the principlos of the law of nations, received and ac

knowledge

54 D. of Newcastle's Letter to the Prussian Minister. Feb: knowledged by authorities, of the great- of did happen; could not, either in juror weight, in all countries ; so that his tice or reason, or according to what is majesty does not doubt, but that it will the constant practice between all the most have the effect desired.

respectable powers, be seizod, or Atopt, The points, upon which this whole af. by way of reprisals. fair turns, and which are decisive, are, The several facts, which are particu

1. That affairs of this kind are, and larly mentioned above, are so clearly can be, cognizable, only in the courts be- A stated, and proved, in the inclosed report; longing to that power, where the seizure that I shall not repeat the particular reais made ; and, consequently, that the fons and authorities alledged in support erecting foreign courts, or jurisdictions of them, and in justification of the conelsewhere, to take cognizance thereof, is duct and proceedings in question. The contrary to the known practice of all na- king is persuaded, that these reasons will tions, in the like cases; and, therefore, be sufficient also, to determine the judge a proceeding which none can admit. ment of all impartial people, in the pre

2. That those courts, which are gene- sent case. rally filed courts of admiralty, and which B It is material to observe, upon this sub. include both the inferior courts, and the jeet, that this debt on Silesia, was concourts of appeal, always decide according tracted by the late emperor Charles VI. to the universal law of nations only; ex- who engaged, not only to fulfil the conçept in those cases, where there are par- ditions expressed in the contract, but even ticular treaties between the powers con- to give the creditors such further security, cerned, which have altered the dispołtions as they might afterwards reasonably ark. of the law of nations, or deviate from This condition had been very ill performthem.

C ed by a transfer of the debt, which had 3. That the decisions, in the cases com- put it in the power of a third person to plained of, appear, by the inclosed report, seize, and confiscate it. to have been made fingly, upon the rule You will not be surprised, Sir, that, in prescribed by the law of nations ; which an affair, which has so greatly alarmed the rule is clearly established, by the constant whole nation, who are entitled to that practice of other nations, and by the au. protection, which his majesty cannot dirthority of the greatest men.

pense with himself from granting ; the 4. That, in the case in question, there king has taken time, to have things excannot even be pretended to be any trea-D amined

to the bottom ; and that his maty, that has altered this rule, or by virtue jesty finds himself obliged, by the facts, of which, the parties could claim any pri- to adhere to the justice, and legality, of vileges, which the law of nations does what has been done in his courts, and not allow them.

not to admit the irregular proceedings, 5. That as, in the present cale, no just which have been carried on elsewhere. grievance can be alledged, nor the least The late war furnished many instances, reason given, for saying, that justice has which ought to have convinced all Europe, been denied, when regularly demanded ; E how scrupulousy the courts here do jur. and as, in most of the cases complained tice, upon such occasions. They did not of, it was the complainants themselves, even avail themselves of an open war, to who neglected the only proper means of seize, or detain, the effects of the enemy, procuring it ; there cannot, consequent. when it appeared that those effects were ly, be any just caure, or foundation, for taken wrongfully before the war. This reprisals.

circumstance must do honour to their pro, 6. That, even though reprisals might ceedings ; and will, at the same time, be juftitied by the known and general new, that it was as little necessary as rules of the law of nations ; it appears,

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proper, to have recourse ellowhere to by the report, and indeed from confide- proceedings, entirely new, and unusual. rations, which must concur to every bo- The king is fully persuaded, that what dy, that sums, due to the king's fulujects has pailed at Cerlin, has been occafioned, by the empress-queen, and atligned by singly, by the ill.grounded informations, her upon Silelia ; of which sums his Pruf- which his Pruffian maje!ły has received, fian majesty took upon himself the pay. of these affairs : And does not at all ment, both by the treaty of Brelau, and doubt, but that, when his Prussian ma. by that of Dresden, in consideration of G jeity Mall see them in their true light, his the celicn of that country, and which, natural dispoition to justice and equity by virtue of that very ceflion, ought to will induce him. immediately to rectify hiie teen fully, and absolutely dischar. the steps, which have been occasioned by ged, in thc year 1745, that is to say, one thore informations; and to complete the year before any of the facts complained payment of the debt charged on the 5

dutclıy

1753. ABSTRACT of the REPORT annexed.

55 dutchy of Silesia, according to his en- One ship (the last of the 18) was repagaments for that purpose. I am, Atored upon an appeal; but, from the cirWith much confideration, SIR, cumftances of the capture, without costs Your most obedient,

on either side. Humble servant,

That as to the list of thirty-three neuHOLLES NEWCASTLE, tral ships, in whose cargoes the subjects And by the report mentioned in, and of Prussia claim to have been interested, annexed to this memorial, it appears, A Two of them never came before a court That by the law of nations, when two of justice in England, but (if taken) were powers are at war, all ships are liable restored by the captors themselves, to to be stopt, and examined to whom they the entire fatisfa&tion of the owners, belong, and whether they are carrying In fixteen of them, the goods claimet contraband to the enemy. That the by the Prussian subjects appear to be goods of an enemy on board the ship been a&ually restored, by sentence, to of a friend, may be taken. That contra- the masters of the ships in which they band goods going to the enemy, tho' the were laden; and by the customs of the property of a friend, may be taken as B sea, the maher is in the place of the lader. prize ; because supplying the enemy with In fourteen of the cases the Pruffian what enables him better to carry on the property was not verified by the ships war, is a departure from neutrality. That papers, or preparatory examinations, or the established method of determination, the claimant's own affidavit, which he whether the capture be, or be not, law. was allowed to make. ful prize, is by a regular judicial pro- The remaining cause with respect to ceeding in the court of admiralty of that part of the goods, was dependiug when ftate to whom the captor belongs, judg- c the memorial and lift was delivered to ing by the law of nations. That the the British secretary of state ; and the evidence must come from the papers on goods have since been restored by sentence. board, and oath of the master and prin- So conscious were the claimants, that cipal officers. That if there be false the court of admiralty did right, there or colourable papers; if the master or is not an appeal, in a single instance, officers grossly prevaricate ; if proper in the second lift, and but one in the Tips papers are not on board; or if the first. Yet the Prussian king founds the master and crew cannot say whether the justice and propriety of his having rebelongs to a friend or enemy, the law of D course to reprisals" because his subjects nations allows, according to the different have not hitherto been able to obtain any degrees of suspicion, arising from the fault redress, either from the English tribunals, of the ship caken, &c. costs to be paid, or to whom they applied, or from the go. not received, by the claimant. That in vernment, before whom they laid their every maritime country there is a superior complaints," -The law of nations foundcourt of review, to which there lies an ed upon justice, equity, and conveappeal; and if no appeal is offered, it nience, and the reason of the thing, is an acknowledgment of the justice of E do not allow reprisals, except in case the sentence.

of violent injuries, directed or supported That of the eighteen fhips in the first by the state, and justice absolutely denied Prussian lift, four, if ever taken, were in re minime dubia, by all the tribunal, restored by the captors themselves, to and afterwards by the prince. (Crotlas, the satisfaction of the Prullians, who L. iii. c. 2. Se&.4, 5.) have never complained in any court of When judges are left free, and give justice here.

sentence according to their conscience, One was restored by sentence, with though it should be erroneous, that would full costs and damages.

F be no ground for reprisals, Upon doubtThree were restored by sentence; ful questions, different men think and with freight for such goods belonging judge differently; and all a friend can to the enemy as were condemned.

defire, is, that justice should be as imFour ships were restored by sentence ; partially administered to him, as it is but the cargoes or part of them con- to the subjects of that prince, in whose demned as contraband, and are not now courts the matter is tried. alledged to have been Prussian property. As to the Prussian commission to ex

Five ships and cargoes were restored G amine these cases, ex parte, upon new by sentence; but the claimant subjected suggestions, the like was never attempted to pay costs, because, from the ship- in any country of the world before. papers, &c. there was ground to have Prize, or not prize, must be determined condemned ; and the restitution was de- by courts of admiralty belonging to the creed merely on the faith of affidavits power whore subjects make the capture ; afterwards allowed.

and

Febi

I

56 EMPLOYMENT.

WILD BOARS, and even the principle this extraordinary Her appetite'is keen; her blood is pure commission professed to proceed on, that and temperate, and her pulse beateth even. tho' these cargoes belonged to the enemy, Her house is elegant, her handmaids yet being on board any neutral mip, are the daughters of neatness, and plenty they were not liable to enquiry, seizure, smileth at her table. or confiscation, is evidently false ; by the She saunters not; neither ftretcheth authorities of every writer on the law herself out on the couch of indolence. of nations, and the consant pradice, A She crieth not, what have I to do? ancient and modern,

but the work of her hands is the thought [The Conclusion of the Report in our next.

1.] of a moment.

She' lifteneth not to the gollip's tale, An ingenious . Piece is just publified, intitled,

Me fippeth not her tea in fcandal; but The WHOLE DUTY of WOMAN.

employment is the matter of her discourse. By a LADY. Writtten at the Defire of Her work is done at the evening, but a noble Lord. Of this Work the fullow- the work of - the nothful is put off till ing is a juf Character.

to-morrow.

B ner of the Economy of humar: Life, and

A DESCRIPTION of b6 WILD BOAR. contains concise, easy and agreeable rules

See the Cor. and instructions for the conduct of the HESE beasts fight with one anotler fair sex ; so that we mould be very much wanting in our regard for them, if we in Deceinber; and, when wounded, rub did not recommend it to their perusal. the articled part against trees, whence It is calculated to preserve them from pitch distils. The male never quits his those snares and temptations, that tend C mate whilst the is pregnant. Under thick to plunge them in vice, folly, and misery; bushes or coverts they prepare a place and furnishes thicm with such amiable with moss and leaves, where they bring letons of prudence, virtue, and agreeable forth 7, 8, 9 or 10 young ones at a litbehaviour in every nation, as, is put in ter; which are at first reddish with black practice, will make their lives comfort- and whitih streaks. At the approach able and happy. It is divided into re- of men, the seriale makes a figral to veral sections under proper heads; and her young, who hide themselves tingly; for a specimen of the performance, we

and at another signal, when the danger thall give our readers the foilowing. D is over, they return to their dam, who

suckles them during summer. In seeking EMPLOYMENT.

their food, the young bcars march in From whom cometh, evil, from whom front; and do thus till the time of another poverty and dejection of spirit?

Jister, when the old ones drive them away. Idleness is the mother of mischief; idle- Their teeth grow to the length of 3 or 4 ness is the parent of mame and disease. inches, and become curved. Their hair

The nothful spendeth the day in num- turns grey about the head and frout. ber, me waketh at noon, the drinketh E There animals de great mischief to fruits, her cordial, and enquireth the time of the fields, meadows, vineyards, &c. and their morning.

abode is in woods and forests, where She turneth agrin to ncer, and a- their darling food is acoins; but when waketh not till the dinner of the evening. Marp set, they will prey on dead car

She conventeth the night into day, and cases. Experienced lunesmen know their keepeth the light of the fun hid from her fcx, age and fize by the track. Their eyes.

flesh is very delicate, and some boars Her house is a scene of riot and con- weigh 700ih. To cool themselves they fusion, me hath eye-servants.

F wallow in puddle, and by rubbing aga'nit Her appetite faileth, and the physician trees, mix so much pitch with their hair is daily let down at her d. or.

as enables their hides to retint a ball, Industry is up with the sun, the awaketh except it go in a right line. Sportsmen at the crowing of the cock, and walketh .commonly aim at their head and breast. abroad' to taste the sweetness of the Boars are very numerous in Denmark, morning.

Norway, Germany, &c. and the huntin; She is ruddy as the daughter of health : them is a great divertion among perso'ys her ears are delighted with the musick G of difinĉion. The hunting time is in of the Mril lark.

its glory i November, December, and Her gårment (weepeth the dewdrop, Janvary. There creatures are either lo!, from the new lubble and the green yrasi, or taken with tvils and a spear. This chace and her path is by the murmuring of the: is very dangerous ; and many age, tho' pusling brook.

in aninour, are oitin dided.

JOUR

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