1753. ABSTRACT of the REPORT annexed.

dutchy of Silefia, according to his en-
gagaments for that purpose. I am,

With much confideration, SIR,
Your moft obedient,
Humble fervant,

B

HOLLES NEWCASTLE. And by the report mentioned in, and annexed to this memorial, it appears, A That by the law of nations, when two powers are at war, all fhips are liable to be ftopt, and examined to whom they belong, and whether they are carrying contraband to the enemy. That the goods of an enemy on board the ship of a friend, may be taken. That contraband goods going to the enemy, tho' the property of a friend, may be taken as prize; becaufe fupplying the enemy with what enables him better to carry on the war, is a departure from neutrality. That the established method of determination, whether the capture be, or be not, lawful prize, is by a regular judicial proceeding in the court of admiralty of that ftate to whom the captor belongs, judging by the law of nations. That the evidence must come from the papers on board, and oath of the mafter and prinsipal officers. That if there be falfe or colourable papers; if the master or officers grofsly prevaricate; if proper thips papers are not on board; or if the mafter and crew cannot fay whether the. belongs to a friend or enemy, the law of nations allows, according to the different degrees of fufpicion, arifing from the fault of the fhip taken, &c. costs to be paid, or not received, by the claimant. That in every maritime country there is a fuperior court of review, to which there lies an appeal; and if no appeal is offered, it is an acknowledgment of the juftice of

the fentence.

That of the eighteen fhips in the first Pruffian lift, four, if ever taken, were reftored by the captors themselves, to the fatisfaction of the Pruffians, who have never complained in any court of justice here.

One was restored by sentence, with full cofts and damages.

Three were restored by fentence; with freight for fuch goods belonging to the enemy as were condemned.

Four fhips were restored by fentence; but the cargoes or part of them condemned as contraband, and are not now alledged to have been Pruffian property.

Five fhips and cargoes were reftored by fentence; but the claimant fubjected to pay cofts, becaufe, from the hippapers, &c. there was ground to have condemned; and the reftitution was decreed merely on the faith of affidavits afterwards allowed.

с

55

One fhip (the last of the 18) was reftored upon an appeal; but, from the circumftances of the capture, without costs on either fide.

That as to the lift of thirty-three neutral fhips, in whofe cargoes the subjects of Prufa claim to have been interested,

Two of them never came before a court of juftice in England, but (if taken) were reftored by the captors themselves, to the entire fatisfaction of the owners.

In fixteen of them, the goods claimed by the Pruffian fubjects appear to have been actually reftored, by fentence, to the mafters of the fhips in which they were laden; and by the cuftoms of the

fea, the mafter is in the place of the lader.

In fourteen of the cafes the Pruffian property was not verified by the fhips papers, or preparatory examinations, or the claimant's own affidavit, which he was allowed to make.

The remaining caufe with refpect to part of the goods, was depending when the memorial and lift was delivered to the British fecretary of state; and the goods have fince been restored by fentence.

So confcious were the claimants, that the court of admiralty did right, there is not an appeal, in a fingle inftance, in the fecond lift, and but one in the first. Yet the Pruffian king founds the justice and propriety of his having reD courfe to reprifals" because his fubjects

F

conve

have not hitherto been able to obtain any
redrefs, either from the English tribunals,
to whom they applied, or from the go-
vernment, before whom they laid their
complaints,"-The law of nations found-
ed upon juftice, equity, and
nience, and the reafon of the thing.
do not allow reprifals, except in cafe
of violent injuries, directed or fupported
by the state, and justice absolutely denied
in re minime dubia, by all the tribunals,
and afterwards by the prince. (Grotius,
L. iii. c. 2. Se&t. 4, 5.)

When judges are left free, and give fentence according to their confcience, though it should be erroneous, that would be no ground for r: prifals. Upon doubtful queftions, different men think and judge differently; and all a friend can defire, is, that juftice fhould be as impartially administered to him, as it is to the fubjects of that prince, in whole courts the matter is tried.

As to the Pruffian commiffion to ex

Gamine thefe cafes, ex parte, upon new fuggeftions, the like was never attempted in any country of the world before. Prize, or not prize, must be determined by courts of admiralty belonging to the power whofe fubjects make the capture;

and

and even the principle this extraordinary
commiffion profeffed to proceed on, that
tho' thefe cargoes belonged to the enemy,
yet being on board any neutral ship,
they were not liable to enquiry, feizure,
or confifcation, is evidently false; by the
authorities of every writer on the law
of nations, and, the conflant practice, A
ancient and modern.

[The Conclufion of the Report in our next.]

An ingenious Piece is just published, intitled, The WHOLE DUTY of WOMAN. By a LADY. Written at the Defire of a noble LORD. Of this Work the following is a juft Character.

I

T is compofed in the file and man

ner of the OEconomy of human Life, and contains concife, eafy and agreeable rules and inftructions for the conduct of the fair fex; fo that we should be very much wanting in our regard for them, if we did not recommend it to their perufal. It is calculated to preferve them from thofe fnares and temptations, that tend to plunge them in vice, folly, and mifery; and furnishes them with fuch amiable leffons of prudence, virtue, and agreeable behaviour in every ftation, as, if put in practice, will make their lives comfortable and happy. It is divided into feveral fections under proper heads; and for a fpecimen of the performance, we fhall give our readers the following.

EMPLOYMENT.

From whom cometh evil, from whom poverty and dejection of spirit?

Idleness is the mother of mifchief; idienefs is the parent of thame and difeafe.

B

Her appetite is keen; her blood is pure and temperate, and her pulse beateth even, Her houfe is elegant, her handmaids are the daughters of neatnefs, and plenty fmileth at her table. .....

She faunters not; neither stretcheth herfelf out on the couch of indolence.

She crieth not, what Irave I to do? but the work of her hands is the thought

of a moment.

She lifteneth not to the gofip's tale, the fippeth not her tea in fcandal; bug employment is the matter of her difcourfe

Her work is done at the eyening, but the work of the flothful is put off till

to-morrow.

DESCRIPTION of the WILD BOAR.
See the CUT.

HESE beafts fight with one another

during the rutting feason, which is in December; and, when wounded, rub the afflicted part against trees, whenca pitch diftils. The male rever quits his mate whilft fhe is pregnant. Under thick bushes or coverts they prepare a place with mofs and leaves, where they bring forth 7, 8, 9 or 10 young ones at a litter; which are at first reddish with black and whitish ftreaks. At the approach of men, the female makes a tignal to her young, who hide themselves fingly; and at another fignal, when the danger Dis over, they return to their dam, who fuckles them during fummer. In feeking their food, the young boars march in. front; and do thus till the time of another, litter, when the old ones drive them away. Their teeth grow to the length of 3 or 4 inches, and become curved, Their hair turns grey about the head and fnout. These animals do great mischief to fruits, fields, meadows, vineyards, &c. and their abode is in wocds and forefts, where their darling food is acorns; but when harp fet, they will prey on dead carcafes. Experienced hunumen know their fex, age and fize by the track. Their flesh is very delicate, and fome bears weigh 700lb. To cool themfeives they wallow in puddles, and by rubbing aga n

The flothful fpendeth the day in flumber, the waketh at noon, the drinketh E her cordial, and enquireth the time of the morning.

She turneth again to fleen, and awaketh not till the dinner of the evening. 'She converteth the night into day, and keepeth the light of the fun hid from her eyes.

Her houfe is a fcene of riot and confufion, the hath eye-fervants.

Her appetite faileth, and the physician is daily fet down at her d or.

Industry is up with the fun, fhe awaketh at the crowing of the cock. and walketh abroad to tafte the fwcetnefs of the morning.

F

She is ruddy as the daughter of health: her ears are delighted with the mufick G of the fhrill lark.

Her garment fweepeth the dewdrop from the new flubble and the green grafs, and her path is by the murmuring of the purling brook.

trees, mix fo much pitch with their hair as enables their hides to refift a ball, except it go in a right line. Sportsmen commonly aim at their head and breast. Boars are very numerous in Denmark, Norway, Germany, &c. and the hunting them is a great diverfion among perfons: of diftinction. The hunting time is in its glory in November, December, and January. These creatures are either shot, or taken with toils and a fpear. This chace is very dangerous; and many dogs, tha' ip aumour, are often killed.

JOUR

57

1753. JOURNAL of the PROCEEDINGS and DEBATES in the POLITICAL CLUB, continued from

The next Speech I shall give you in the Debate begun in your last, was that made by A. Beculonius, which was in Subftance as follows, viz.

Mr. Chairman,
SIR,

p. 19.

this be not the cafe: If our minifters be defiring them to concur in any measure, which is not neceflary for the prefervation of their own liberty and independency, I am fure, no member of this houfe, who A thinks fo, will confent to the granting of the fubfidy, unless he be fubfidized himself as well as the prince for whom the fubfidy is required.

B

C

SIT here as an English gentleman, and as fuch I have a right to talk freely of the greatest subject of this kingdom, much more of the greateft fubject of any foreign ftate: I fhall therefore deliver my fentiments upon this fubject without any reserve: If there be perfons in this houfe belonging to any of the princes of Germany, they ought not to be here; and if they are, they must take it for their pains; for their prefence will never, I hope, keep any member of this houfe fo much in awe, as to prevent that freedom of speech, which is allowed even by our own fovereign; and whatever fome gentlemen may think, it must be al-D lowed, when duly confidered, that no debate of the kind now before us, can tend much to the honour of the princes of Germany: We defire nothing of the princes of Germany, nor of any prince in Europe, but to concur in fuch meafures as may be neceffary for preferving their own liberty and independency. On the other hand, what is defired by France? What does. fhe fcatter her fubfidies for among the princes of Europe, but to get them to be inftrumental in forging their own F chains? If this be truly the cafe, Sir, can it be for the honour of any prince of Germany, or of Europe, to fuppofe, that he will accept of a fubfidy from France, unless we agree to grant him one? And if W- B. February, 1753.

E

Now, Sir, with regard to the measure, for which the prefent fubfidy is required, I mean the election of a king of the Romans; whatever I may think, whatever any gentleman of this houfe may think of that meafure, we must for the honour of the princes of Germany fuppofe, that few or none of them think it abfolutely neceflary for preferving the liberties and privileges of the German empire, because I do not find that any of them will concur in it without a fubfidy from us. From their behaviour upon this occafion I must fuppofe, that fome of them think it a measure of the most dangerous

confequence to the liberties and privileges of the German empire, and that others of them think it a matter of fuch abfolute indifference, as no way to tend either to the deftruction or the prefervation of the liberties and privileges of that empire. Thefe laft may think themfelves at liberty to concur in it, in confideration of a fubfidy from us; but if they be right in their opinion, furely we ought not to load our conflituents with any fuch unnecefdary expence, even fuppofing that the nation were not only free of debt, but also in the most flourishing circumstances; and I must be of opinion, that in prudence as well as modefty, we ought to allow, that the princes of Germany are better judges than we are of the conftitution aud true intereit of their own country.

H