the crew of the American merchantman the Chesapeake mutinied, seized the ship, and declared her a Confederate man-of-war. The United States government took the ship with three of the crew in British waters, but Mr. Seward considered the capture a violation of the law of nations, and delivered ship and men to the British authorities. Such violation of territorial right is a matter which lies between the neutral state and the captor. A neutral state is bound not to afford any kind of warlike help to either of two bellige rents, and not to refuse to one what she grants to the other. Acting on these principles, Washington, on the outbreak of the European war of 1793, issued a proclamation of neutrality, with instructions to prevent the equipment of belligerent vessels in the ports of the United States. No legislative effort in this direction was made by Great Britain until the Foreign Enlistment Act of 1819, which followed the lines laid down in America. This Act was relaxed in 1835 in respect of troops levied to uphold the claim of Queen Isabella to the throne of Spain. During the civil war in America, 1861-65, much dispute arose concerning our duty as a neutral. Many cruisers, such as the Alabama, the Florida, and the Shenandoah, were built at Liverpool for the Confederate States, and were received in British ports. These ships did immense damage to the shipping and trade of the Federal States. The most famous of them, the Alabama, was built in Liverpool in 1862, received her crew from that port, and sailed thence to the Azores, where she put on board her armament, which had been sent out from Liverpool for that purpose. During the next two years she took sixtyfive vessels, before she was herself destroyed. As she and her fellows left our ports without warlike equipment, the law was evaded rather than broken. Since, however, it was at least doubtful how far we had exercised due vigilance in the matter, we submitted the American claims to arbitration, and, in 1872, were condemned to pay £3,000,000 damages. As regards the rights of neutrals in trading and carrying, primitive law allows the capture of an enemy's goods in any place save the territory of a neutral state; public ships, being reckoned as such territory, are not subject to visitation or capture of goods. This does not apply to private vessels. In respect of these, however, primitive law has been modified by treaty in favour of the rule that free, or neutral ships, make the goods they carry free also. Treaties to this effect were made by Holland, a great trading and carrying country, with Spain in 1650, with France in 1652, and again at the Peace of Ryswick in 1697. Though the maxim "free ships, free goods," does not imply the other maxim, "enemy's ships, enemy's goods" (for the one is founded on the principle suum cuique, while neutral goods, since they belong to a friend, should not be subject to capture), yet they have often been joined together, as in

the Treaty of Utrecht in 1713. The parties to the Armed Neutrality of the Baltic, in 1780, insisted on "free ships, free goods," which was contrary to British custom. This rule has been established by the Declaration of Paris, made in 1856, with the exception of contraband of war, a term including such goods as are of primary importance in war, together with such as are of doubtful use, as naval stores and coal, if they are rendered contrabrand by circumstances. A neutral ship is subject to capture when carrying military persons or despatches, or contraband goods, when they belong to the owner of the ship, or when fraud is practised. The right of neutrals to carry persons was involved in the Trent affair. In November, 1861, the Trent, a British mail steamer, was stopped by a United States ship, and two Confederate commissioners, Messrs. Slidell and Mason, with their secretaries, were taken from her. Earl Russell declared that these persons were not contraband, and finally they were delivered up to us, the question of their character being left unsettled. Neutral rights are further limited by blockade. The right to blockade by proclamation was asserted by Bonaparte, when, in 1806, without a ship to enforce his decree, he declared the blockade of the British Isles, and the same assertion was involved in our retaliatory Orders in Council. It has now been settled by the Declaration of Paris that a blockade to be binding on a neutral must be "effective." These restraints on neutrals imply the belligerent right of search and capture, and a neutral ship resisting this right is thereby rendered subject to confiscation. Wheaton, International Law, ed. Dana, pp. 412-537. [W. H.]

Neville, THE FAMILY OF. The Nevilles were lords of Raby from the early part of the thirteenth century. In 1397 Ralph de Neville of Raby was created Earl of Westmoreland. The title was forfeited in 1570. Ralph's younger sons, Richard, William, and Edward, became respectively, through his marriage, Earl of Salisbury, Baron Fauconberg, and Abergavenny (with the titles of Despencer and Burghersh). Another son, George, was created Lord Latimer. Richard, Earl of Salisbury, was the father of Richard, the famous Earl of Warwick (by marriage with Ann, sister and heiress of Henry Beauchamp, Earl and ultimately Duke of Warwick), whose daughter, Isabel, married George, Duke of Clarence, created Earl of Warwick and of Salisbury (1472). John Neville, a younger brother of the " 'King-maker," was created Marquis of Montagu (1470), and his son, George, Duke of Bedford, in 1469. The latter was degraded from all his dignities in 1477, but a descendant in the female line, Anthony Browne, was created Viscount Montagu (1554). Returning to the generation next subsequent to Ralph, first Earl of Westmoreland, George Lord Latimer's title fell into abeyance in

1577, while that of Edward, Lord Abergavenny, still remains. It was raised to an earldom (with the viscounty of Neville of Birling in Kent) in 1784, and to a marquisate (with the earldom of Lewes) in 1876. Between 1598, however, and 1604 there was a dispute between the heir general and the heir male of the title, which ended in the latter holding only the barony of Abergavenny, while the former received that of Despencer. The son of the holder of the Despencer title was in 1624 raised to the barony of Burghersh and earldom of Westmoreland, and the title still remains with his descendants.

Neville, ALEXANDER (d. 1392), was elected Archbishop of York in 1373, and on the accession of Richard II. became one of his chief advisers. The barons were determined to get rid of all the royal ministers, and in 1387 Neville was impeached of treason. The Merciless Parliament declared him guilty of treason, and the Pope was induced to translate him to the see of St. Andrews, which act, as Scotland acknowledged the rival Pope, was a mere mockery. Neville retired to Flanders, where he obtained a benefice, which he held till his death.

66

Neville, GEORGE, Bishop of Exeter (d. 1476), was the youngest son of the Earl of Salisbury, and brother to Warwick, the King-maker." In 1456 he was made Bishop of Exeter, and on the triumph of the Yorkists in 1460, received the Great Seal. In 1465 he was appointed Archbishop of York; but on the breaking out of a quarrel between the Earl of Warwick and the king in 1467, he was deprived of the chancellorship. In 1470 he joined his brothers in their restoration of Henry VI., by whom he was appointed Chancellor; but after Edward's victories at Barnet and Tewkesbury, his goods were seized and he himself was imprisoned for three years. He took no further part in public affairs, and died not long after his release.

OF

The

Neville's Cross, THE BATTLE (Oct. 17, 1346), was fought near Durham, between an invading army of the Scotch, under David II., the Steward and the Knight of Liddesdale, and the northern militia under Henry Percy and Ralph Neville. Scotch were completely defeated, owing to their inability to cope with the English archers; David himself was captured, together with many of the chief men in the Scottish army, and it is said that 15,000 men were slain.

Nevis, one of the Leeward Islands, was discovered by Columbus (1493), and colonised by English settlers from St. Kitt's (1628). The progress of the island made rapid strides until 1706, when a French invasion carried off most of the slaves; and for some time after this attack, the colonists had considerable difficulty in supporting themselves. In

1871 Nevis joined the Federation of the Leeward Islands. Previous to this time the government was vested in a president, a council of seven members, and a representative assembly of nine.

New Brunswick at first formed part of Nova Scotia, and, like that country, was discovered first by Cabot in 1497. In 1639 and 1672 it was partially colonised by the French, and was by them held as a fishing and hunting station until 1760, when it was taken by the British. Shortly afterwards English colonists began to arrive in large numbers, and the fisheries were found to be extremely valuable. In 1783 the country was still further colonised by a number of disbanded troops, who were sent from New England, and in the following year New Brunswick was separated from Nova Scotia, and made an independent province, with a constitution similar to those of Nova Scotia and Canada. In 1837, in consequence of representations made to the home government, the entire control of taxation was vested in the legislative assembly. In 1867, under the British North American Act, New Brunswick was incorporated with other provinces under the title of the Dominion of Canada. Its government, which is now subject to the central authority at Ottawa, consists of a lieutenant-governor, an executive and a legislative council, and a legislative assembly. The capital of New Brunswick is St. John's, and its wealth is derived from fisheries, coal, and iron, besides other minerals. [CANADA.]

R. M. Martin, British Colonies; Creasy, The Imp. and Col. Consts, of the Britannic Empire; Gesner, New Brunswick.

New England. [COLONIES, AMERICAN.] New Model was the name given to the army of the Parliament as new modelled in April, 1645. The term referred at first to the plan on which the army was reorganised, but soon came to signify the army itself. The Lords rejected the first Self-denying Ordinance, because they did not know "what shape the army would suddenly take." The Commons produced a scheme for the reconstruction of the army on the following plan. The new force was to consist of 22,000 men, divided into 6,600 horse, 1,000 dragoons, and 14,400 foot, the horse to be formed into eleven regiments of 600 men each, the dragoons into ten companies of 100 men, and the foot into twelve regiments of 1,200 men each in ten companies. The army was to cost £44,955 a month, to be raised by assessment throughout the kingdom. On January 21 it was resolved that this force should be commanded by Sir Thomas Fairfax, with Skippon as majorgeneral. The officers were to be nominated by the commander-in-chief, subject to the approval of the two Houses. This scheme, and these appointments, were confirmed by the House of Lords on February 15, 1645. The

new army contained a large number of Independents, for Fairfax was empowered to dispense with the signature of the Covenant in the case of religious men. Several of its officers had risen from the ranks, and had originally filled very humble stations. Lieutenant-Colonels Pride and Hewson had been, the one a drayman and the other a cobbler. But the assertions made at the time by opponents of the new scheme that most of the

colonels were "tradesmen, brewers, tailors, goldsmiths, shoemakers, and the like," were entirely untrue. Out of thirty-seven generals and colonels it is computed that twenty-one were commoners of good families, nine members of noble families, and only seven not gentlemen by birth. It deserves notice that a large number of these officers were Cromwell's kinsmen and connections. Clarendon

New Ross, THE BATTLE OF (June 5, 1799), was fought during the Irish Rebellion between General Johnstone, with some 1,400 men, and no less than 30,000 rebels, under Father Roche and Bagenal Harvey. The rebels were at first successful, and reached even the market-place; here, however, Johnstone rallied his men, and, charging with the bayonet, drove them out of the town with fearful carnage. The troops, enraged to frenzy, gave no quarter, and after eleven hours' fighting, no less than 2,600 rebel corpses were left on the field. This defeat prevented the rebels from marching on Dublin.

New South Wales. [AUSTRALIA.]
New Zealand. [AUSTRALIA.]

Newburgh, WILLIAM OF (b. 1135? d. 1200?), wrote a history covering the period 1154-1198. It is particularly interesting from its anecdotes of distinguished persons. The writer's style is clear and sedate, while his observations are acute and sensible. All that is known of the author is that he was an Augustinian canon.

An edition of his work is published by the English Historical Society.

Newburn, BATTLE OF (Aug. 28, 1640). At the opening of the second war between Charles I. and the Scots, Viscount Conway, with about 12,000 men, was charged to hold the line of the Tyne. Leaving two-thirds of his forces in Newcastle, Conway, with 3,000 foot and 1,500 horse, posted himself at the ford of Newburn, four miles above the town. There he threw up some hasty entrenchments, but they were commanded by the higher ground on the

opposite bank, and, after a three hours' cannonade, the raw levies who defended them took to flight. The Scots now crossed the river, and after a couple of charges, routed the English cavalry. This defeat forced Conway to evacuate Newcastle, which the Scots occupied on the following day.

Gardiner, Hist. of Eng., 1603–1642.

Newbury, THE FIRST BATTLE OF (Sept. 20, 1643), was fought during the Great Rebellion. The Earl of Essex raised the siege of Gloucester (Sept. 8), and managed to evade pursuit during the first portion of his march back to London. But Prince Rupert, with the royal cavalry, overtook him and delayed his progress, so that the king was enabled to occupy Newbury, and bar the road to London. The royal army was advantageously posted on a hill to the south of Newbury with its right resting on the river Kennet. Charles was resolved to maintain a defensive attitude, but the rash attack of some of his horse prevented this resolution being carried out. The battle was decided by the Parliamentary infantry, led by Essex in person, who stormed the hill by sheer hard fighting. "The trained bands of the city of London," writes an officer present, "endured the chiefest heat of the day, and had the honour to win it." They behaved themselves to wonder," says Clarendon; "standing as a bulwark and rampart to defend the rest." The king lost many noblemen and officers, including the Earl of Carnarvon, the Earl of Sunderland, and Lord Falkland. Essex marched on to Reading, unopposed, the next morning.

May, History of the Long Parliament; Clarendon, Hist. of the Rebellion; Forster, British Statesmen, vol. vi.

Newbury, THE SECOND BATTLE OF (Oct. 27, 1644). After the surrender of the Earl of Essex in Cornwall (Sept., 1644), Charles marched back towards Oxfordshire. He found that the Parliament had united a new army of about 16,000 men from the armies of Waller and Manchester, and the remains of that of Essex. The king, with little more than 8,000 men, took up his position to the north of Newbury between Shaw and Speen, with his front protected by the river Lamborne, with Donnington Castle, and a house called Doleman's House, serving as outworks. Here the king was attacked on Oct. 27. On the king's left, round Speen, the Royalists lost that village and several guns, but they held their ground in the fields between Donnington and Newbury. On the right, at Shaw, the earthworks round Doleman's House were successfully defended, and the Parliamentary troops were repulsed with great loss. Nevertheless the loss of ground on the left obliged the king to abandon his position, and he withdrew the same night by Donnington Castle to Wallingford. Cromwell declared that this imperfect victory might have

been turned into a decisive success had the Earl of Manchester been willing. "I showed him evidently," says Cromwell, "how this success might be obtained, and only desired leave with my own brigade of horse to charge the king's army in their retreat, leaving it to the earl's choice if he thought proper to remain neutral with the rest of his forces. But he positively refused his consent." So far did the inactivity of the Parliamentary general go, that the king was allowed twelve days later to return and remove his artillery and stores from Donnington.

Ludlow, Memoirs; Clarendon, Hist. of the Rebellion; Sir E. Walker, Historical Discourses; Simeon Ash, A True Relation of the Most Chief Occurrences at and since the Battle of Newbury; Warburton. Prince Rupert; Manchester's Quarrel with Cromwell (Camden Soc.). [C. H. F.]

Newcastle, THOMAS HOLLES, DUKE OF (b. 1693, d. 1768), succeeded to his uncle's property in 1711. He attached himself to the Whigs. On the accession of George I. he became Lord-Lieutenant of Middlesex, and was created Duke of Newcastle in 1716. In that year he displayed great zeal in suppressing the Jacobite rebellion. He was made Lord Chamberlain, and sworn of the Privy Council. He followed Sunderland and Stanhope when the schism took place in the Whig ministry, but on their deaths in 1720 he joined Townshend and Walpole. In 1724, on the dismissal of Carteret, he became Secretary of State. For many years he continued to be a follower of Walpole. At length, in 1738, seeing that Walpole was deprived of the friendship of Queen Caroline, and that the king was opposed to his peace policy, Newcastle began to intrigue against him. The king was encouraged in his wish for war; angry despatches were sent to the English ambassador in Spain. Walpole's appointment of Lord Hervey as Lord Privy Seal further alienated him. In 1742 his intrigues were successful; Walpole resigned. Wilmington was made premier, and on his death (1743) Newcastle's brother, Henry Pelham, became leader of the ministry: All opposition in Parliament had ceased, but the Pelhams were jealous of Carteret. They brought matters to a crisis by demanding the admission of Pitt and Chesterfield to the cabinet. The king refused, and they resigned. Carteret was commissioned to form a ministry, but he failed, and the Pelhams returned to power. In 1747 Newcastle succeeded in getting rid of Chesterfield. Contrary to the wish of Henry Pelham, he still promoted the war. Chesterfield, finding his peace policy disregarded, resigned. Shortly afterwards Newcastle (1748) concluded the Peace of Aix-la-Chapelle. 1751 an estrangement took place between the two brothers. On the death of Pelham, Newcastle took his brother's place as head of the Treasury. He was at a loss for a leader in the Commons. Sir Thomas

In

Robinson, a weak man, was appointed to lead the House. Pitt and Fox contrived to torment him, but Fox making terms with Newcastle, he contrived to get through the year. It was evident that war was at hand. Newcastle was quite incapable. He gave contradictory orders to the English admirals, and on the failure of Admiral Byng the popular outcry against him was so great that he was compelled to resign (1756). He immediately began to intrigue for office. On the failure of Pitt's administration, a complicated series of negotiations ensued. During eleven weeks there was no Parliament. For a brief period Lord Waldegrave attempted to form a ministry. At length Pitt and Newcastle came to terms, and that strong government so gloriously known as Pitt's ministry was formed. "Mr. Pitt," said Horace Walpole, " does everything; the duke gives everything." On the death of George II., Newcastle sent abject messages to Bute, offering to serve not only with him but under him. But patronage and the management of elections were taken out of his hands. In 1761 he deserted Pitt, and spoke against the Spanish War. But his position was untenable, and in 1762 he resigned. In 1763 he was dismissed from his lord-lieutenancy for censuring the terms of the peace. In 1765 he received the Privy Seal in Rockingham's administration. In 1768 he died, intriguing to the last. "His peculiarities," says Lord Stanhope, were so glaring and ridiculous that the most careless glance could not mistake, nor the most bitter enmity exaggerate them. Extremely timorous, and moved to tears on the slightest occasions, he abounded in childish caresses and empty protestations. Fretful and peevish with his dependants, always distrusting his friends, and always ready to betray them, he lived in a continual turmoil of harassing affairs, vexatious opposition, and burning jealousies. What chiefly maintained him in power was his court-craft, his indefatigable perseverance, his devoting every energy of his mind to discover and attach himself to the winning side."

Horace Walpole; Smollett, Hist. of Eng.; Stanhope, Hist. of Eng.; Macaulay, Essay on Chatham; Lecky, Hist. of the Eighteenth Century; Coxe, Pelham.

Newcastle, WILLIAM CAVENDISH, DUKE OF (b. 1592, d. 1676), son of Charles Cavendish and Katherine, Lady Ogle, was created successively Baron Ogle (1620), Earl of Newcastle (1628), Marquis of Newcastle (1643), and Duke of Newcastle (1664). He took up arms for the king during the Civil War, and seized Newcastle, thus securing for Charles the communication he needed with the Continent. At the close of 1642 he marched into Yorkshire, recovered York, defeating after a six months' campaign the army of Lord Fairfax, and forcing him to take refuge in Hull. But the siege of Hull was unsuccessful (Sept. 2Oct. 27), and in the next campaign the

advance of the Scots, and their junction with Fairfax, forced him to shut himself up in York. The city was relieved by Prince Rupert, who, against the advice of the Marquis of Newcastle, gave battle at Marston Moor (July 2, 1644). After this defeat the marquis took ship at Scarborough, and retired to the Continent, where he lived until the Restoration. At Paris he married, in 1645, Margaret Lucas, celebrated for her learning and eccentricity, and author of a life of her husband. She estimates the losses sustained by the duke in consequence of his loyalty, and his services to the king, at £940,000. As compensation for these losses he was, in 1664, made Duke of Newcastle. Clarendon describes the duke as "a very fine gentleman," "active and full of courage," "amorous in poetry and music," but "the substantial part, and fatigue of a general, he did not in any degree understand, nor could submit to."

Life of the Duke of Newcastle, by Margaret, Duchess of Newcastle; Clarendon, Hist. of the Rebellion; Warwick, Memoirs; Markham, Life of Fairfax.

Newfoundland is an island at the entrance to the Gulf of St. Lawrence. It was discovered and colonised at a very early period by the Norwegians, and rediscovered by Cabot in 1497. Its valuable fisheries made it the resort of traders of all nations, and although always claimed by the English, since the attempt to colonise it by Sir Humphrey Gilbert in 1583, it was not until the Treaty of Utrecht in 1713 that it was finally created a crown colony. In 1583 Sir Humphrey Gilbert headed an expedition to Newfoundland, and two years later Sir Francis Drake claimed the island in the name of Queen Elizabeth. In 1623 a colony was established in the south of the island by Lord Baltimore and another by Lord Falkland, in 1635. Throughout the seventeenth century quarrels were continually taking place between the English and French fishing companies; and when the island was finally surrendered to England in 1713, certain fishing rights were reserved to the French, which enabled them to impair considerably the English trade. The value of the fisheries, however, continued to attract numerous settlers, and in 1724 Newfoundland was separated from Nova Scotia and made a distinct province, with a governor. In 1762 Newfoundland was again attacked by the French, but the towns taken by them were restored by the Treaty of Paris in the following year. Up to 1832 the country was governed by a system of local jurisprudence, but in that year a constitution was granted, and its representative house of assembly established. Responsible government was established in 1855. It has a governor appointed by the crown, an executive council of seven members, a legislative council of fifteen, and a house of assembly of thirty elected by

household suffrage. It was made a bishopric in 1839. Newfoundland is now the only part of British North America which is not incorporated under the title of the Dominion of Canada. Its chief wealth is derived from its fisheries, which are still the cause of occasional disputes between the French and English fishing companies.

Creasy, Britannic Empire; R. M. Martin, British Colonies.

Newport, THE TREATY OF (1648). In spite of the vote that no more addresses should be made to the king (Jan. 15, 1648), the Presbyterian majority in Parliament seized the opportunity of the second Civil War to open fresh negotiations. On July 3 the resolutions of January were rescinded, and it was agreed (July 28) that efforts should be made to enter into a general and open treaty with Charles, and that the place of negotiation should be Newport in the Isle of Wight (Aug. 10). The Parliamentary commissioners, five lords and ten commoners, arrived in the island on Sept. 15, and the negotiations began three days later. The negotiations continued till Nov. 27, as the king argued every point, and delayed to give decided answers in the hopes of escaping, or being freed by help from France or Ireland. He offered to consent to the establishment of Presbyterianism for three years, but would not agree to the abolition of bishops. His answers on the Church question, and the question of the "delinquents," were both voted unsatisfactory (Oct. 26-30). Nevertheless, on Dec. 5 the House of Commons, by 129 to 83 voices, voted "that the answers of the king to the propositions of both Houses are a ground for the House to proceed upon for the settlement of the peace of the kingdom."

Masson, Life of Milton.

Newtown Barry, in Wexford (June 1, 1798), was the scene of a skirmish in the Irish Rebellion. Colonel L'Estrange, with 400 militia and some guns, here defeated the rebels, 400 of whom were killed.

Newtown Butler, THE BATTLE OF (Aug. 2, 1689), was a victory gained by the defenders of Enniskillen over the Irish adherents of James II. It had been determined to attack the city from several quarters at once. The Enniskilleners applied to Colonel Kirke for assistance, and received some arms, ammunition, and experienced officers, chief of whom were Colonel Wolseley and Lieutenant-Colonel Berry. The royal troops, already dispirited by a reverse at Linaskea, were thrown into utter confusion by a word of command incorrectly given. Berry, who commanded the advanced troops, drove back Macarthy's dragoons, under Anthony Hamilton. Macarthy soon came up to support Hamilton, and Wolseley to support Berry. The armies were now face to face. Macarthy had above 5,000 men and several pieces of artillery, Wolseley under 3,000. The Catholics re