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Ere they began their Pleas to draw,
What an † Affumpfit meant in Law-
To it for drivers weighty fums
Of lawful cafb at Pleaders Rooms,
By me faid Pleader, as was prudent,
Had and received to use of student;
In fhort I acted as became me,

Sooner when Gallia's credit's flown
To fome Utopian world unknown,
* Aftræa fhall on earth remain
The laft of the celeftial train,
To tender Affignats at Par
Triumphant in the Champ de Mar',
And when their deep-laid projects fail,

And where's the Pleader that can blame me? And Guillotines no more avail,

Not one of all the trade that I know,
E'er fails to take the Ready rino,
Which haply, if his purfe receive,
No human art can e'er retrieve.

• ↑ Affumpfit—A form of Action fo called. When one becomes legally indebted to another, the law implies a Promife of Payment, for which what is called indebitatus affumpfit lies.'

The action for money bad and received, lies only for money which ex æquo et bono, Defendant ought to refund. Com. Dig. tit. action on the Cafe-in affumpfit, a. I.

For money paid by mistake or on a confideration which happens to fail. Ib.'

a

Her baffled Statfemen fhall excife
Some new found region in the skies,
And tow'ring in an air balloon
Pluck Requifitions from the Moon;
Sooner the daring wights who go
Down to the watery world below,
Shall force old Neptune to disgorge
And vomit up the Royal George,
Than He who hath his bargain made
Shall e'er his pocket reimburse
And legally his cafh convey'd,
By diving in a Lawyer's Purse.

# Ultima calicolum Terras Aftræ reliquit

PARLIAMENTARY INTELLIGENCE.

HOUSE OF COMMONS. For feveral days after the meeting of Parliament, the Houfe was chiefly employed in receiving petitions relative to controverted elections, reports of committees, and other forms preparatory to future business.

Oct. 1o. The Speaker acquainted the Houfe, that their Address, on the King's Speech, was prefented on Saturday to his Majefty at St James's, to which his Majefty had been pleased to make a moft gracious anfwer.

Mr Rofe moved, that a supply be granted to his Majefty. Agreed to, and the report ordered to be received to-morrow. Mr Pitt moved for the following papers-Account of the value of British and Foreign Merchandize exported for, the half year, ending the 7th of July 1795, and for the half year ending the 7th of July 1796. Account of the produce of all the taxes in the quarters ending the 5th of April, 5th of July, and 5th of Oct. 1795, and 1796. Account of the Permanent Taxes previous to 1791, and between 1794 and 1796, respectively adding the duties on home-made spirits, and the bounties on corn, and for the raifing of feamen.

14. The Houfe having refolved itfelf into a committee of the whole House, to

VIRG,'

confider of the supply to be granted to his Majesty,

Mr Pybus moved, that 120,000 men be employed in the fea fervice for the year 1797, including 20,000 marines.

General Tarlton rofe, not, he faid, to ftate any objection to the motion, for no man heard with more fatisfaction of the refpectable footing of our navy, or of the noble atchievements of our naval officers and feamen than he did, and no panegyric was, in his opinion, adequate to their merits; but reprefenting, as he did, a great commercial town, he could not fuffer the prefent opportunity to pafs without putting a queftion to Adminiftration. His Majefty's fpeech, he remarked, flated, that "the enemy's fleets had been blocked up in their ports the greater part of the fummer." Why, then, he afked, had Richery's fquadron been fuffered to efcape from Cadiz ? He defired particularly to know, whether minifters had received any further ac counts of the devaftations committed by the fquadron alluded to, in the island of Newfoundland.

Mr Pybus faid, government had received accounts of the loffes in that quarter, and had taken measures accordngly.-The queftion was then put and carried.

It was next moved, that "41. per month per man be granted to his Majefty, to defray the expences of 120,000 feamen and marines for thirteen months." Agreed to.

17. Mr Serjeant Adair brought in a bill for preventing the imprisonment of Quakers for the non-payment of tythes, and to make their affirmation valid in criminal cafes. This bill had paffed the houfe laft feffions; but had been loft in the House of Lords, the difcuffion of it having been objected to in the then advanced period of the feffions.

18. The House having refolved itself into a committee on that part of his Majefty's fpeech which ftated, that the enemy had manifested an intention of making a defcent on this country.

Mr Pitt rofe, and, after fome preliminary obfervations, propofed, that there fhould be a levy on all the parishes in the kingdom, of 15,000 men, partly for the fea and partly for the land fervice; the latter to fill up the skeletons of the regiments lately returned from the continent. Our navy, he proceeded, was now in fuch a profperous condition as to render desperate every attempt of the enemy; but it was alfo neceffary that we fhould be able to fuftain a landed conteft. He did not mean, that all the troops for this purpose fhould be actually raised and difciplined: our prepa. ration, it was to be expected, would be fufficient to defeat the defign. It was far from his wish, therefore, to put the nation to any unneceffary expence; much lefs to take the fubjects, without caufe, from the labours of commerce, of agriculture, and manufactures. His purpofe was to have a large force put fucceffively in training, and disciplined in turn, until the whole were qualified for military fervice. He fhould therefore move for a fupplemental levy of militia, to be raised from the different counties, and to confift of fixty thousand men. These were not to be called out together, unless on an occafion of the higheft emergency. At prefent he should only propose, that one-fixth of them, making 10,000, fhould be embodied and trained for 20 days. Thefe levies, he obferved, were now made in a manner the moft difproportionate, from the circumftance of the original acts having never been revised. In some counties the proportion was one man in feven; while in others the proportion was one

man only in forty-three. This difproportion it was now propofed to rectify, and to make the new levies keep pace with the actual population. The men were not to be called out into fervice, or if they were, it was but for a short period. The expence of uniforms and accoutrements would, in this inftance, extend only to the one fixth in actual training; but it was obvious that the end would be loft if arms were not provided for them all. Another part of our ftrength lay in our irregular cavalry, to which the yeomanry affociation had certainly contributed in a very high degree. But it was neceffary that this force fhould be further increased. The great difficulty of the enemy would lie in the importation of cavalry, and therefore it was the more neceffary for us to increase our fuperiority in that respect. He did not think that the meafure which he had to propofe could be confidered as a measure of feverity, when the call was fo important. The number of horses not actually employed in agriculture, or in bufinefs of real neceffity, amounted to 200,000. Of thefe, 120,000 were kept by one perfon each; but in many inftances 10, 20, 30, and even more, were maintained by a fingle perfon. He did not think it unreasonable, in this inftance, to propofe, that the perfon keeping ten horfes fhould furnish each one horfe and horfeman, with his accoutrements. If he kept more, but short of 20, that he should furnish a proportionate fum in money. The perfon keeping 20, 30, or 40 horfes, to furnish twa, three, or four horfemen, in the fame proportion. If the number of horses kept by the individual was less than 10, he fhould then propofe that these should be a regular clafs, and that each clafs fhould fend an horfeman by ballot. The men thus furnished to be immediately regimented and officered by the crown. There were other objects which prefented themselves as likely to prove of much ufe, when the object was of fo ferious a nature. There were a clafs of men, who, from their knowledge of fire arms, and their local acquaintance with the country, were likely to be of much fervice-he meant the gamekeepers. He was aware that there were many gentlemen to whom it might be inconvenient to ferve, who took out their deputation as gamekeeper. These he thought fhould either ferve or find a fubstitute; or, he,

had

had no objection that they should have a previous notice, after which, if they did not refign their deputation, they fhould be compelled to ferve. Mr Pitt then proceeded to fum up the total of the troops to be raised, viz. Pariih levies to be divided between the land and fea fervice Militia (fupplemental)

Cavalry Gamekeepers

tions, were likewife moved; and also that the fum of 5,190,7211. be granted to defray their expences.

General Tarlton contended, that if the fums alluded to by the Secretary at War had been brought forward, they would have fwelled out the grofs fum of our 15,000 army eftimates to fix millions! a fum e60,000 qual to half the revenue of the country 20,000 the year preceding. He then proceeded 7,000 to point out various abufes in the militia. Mr Fox took this opportunity to flate to the Houfe, on the authority of an of ficer of diftinction (General Walpole) that certain engagements entered into during the Maroon war had not been fulfilled; and ftated, that it highly imported the Houfe, and the country, to know how far the faith of Great Britain had been pledged in these transactions.

Total 102,000 After fome oppofition from Mr Sheridan and Mr Fox, this refolution, and all the others, were unanimously carried..

19. In a Committee of Ways and Means, the duties on malt, mum, cyder, and perry, it was refolved, fhould be continued for one year, from the 3d of June 1797, to the 3d of June 1798. It was alfo agreed, that 43. in the pound land tax be raised for one year, from the ft of March 1797, to the rit of March 1798.

ARMY ESTIMATES.

21. The Houfe having refolved itself into a Committee of Supply,

The Secretary at War ftated, that the papers which were upon the table, tho' not the whole of the army eftimates, were, he conceived, fufficient for the information of the Houfe, with refpect to the administration of the war depart ment. He began by ftating, that the army of this year had fuffered a reduction of 8coo men from the establishment of laft year; and the whole force of men, including regulars, militia, fencibles, and invalids, would be 195,674; and the expence of thefe troops he eftimated at 5,190,7211. which, in confequence of the reduction alluded to, would be a faving, upon the whole, of 168,4261. Our army abroad for the enfuing year, under the heads of guards, garritons, and plantations, he faid would be 60,765 men, and our home army 64,267, which was n excefs of this year over the laft of 11,346 men; fo that, including the new corps, the establishment of this year would, upon the whole, be lefs than laft year. He then proceeded to defcribe the augmentations and reductions that had taken place in the militia, fencibles, invalids, and regulars, and concluded by moving, that 60,765, effective, men, including officers, be granted to his Majefty, for the fervice of the year 1797. Other refolutions, including the whole military force under various defigna

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Mr Bryan Edwards entered into an hiftorical account of the Maroon negroes, from their origin in 1639, and commented at great length on the origin and progrefs of the late war. He reprefented them as a fet of wild and lawlefs favages, who were incapable of entering into, or obferving the terms of any treaty. In the late rebellion, he faid, the terms required, previous to their fubjugation by the zeal and perfeverance of Gene ral Walpole, were, that they should deliver up their arms, together with the runaway flaves, and on their knees beg the King's pardon. So far from complying with thefe terms, they perpetrat ed the greatest atrocities in the time allowed them, and they were afterwards permitted only to capitulate for their lives: the punishment due to their deferts was not inflicted; and the Colonial Affembly, with their wonted generolity, voted 25,000l. to provide the Maroon prifoners (600 in number) with cloaths, &c. and conveyed them to America, where they are comfortably fettled.

Mr Wilberforce lamented that the Maroons had been 150 years fit objects för inftruction, and that no attempts had been made to introduce among them habits of civilization.

After much difcuffion on collateral to pics, the refolutions, were put and carried.

NAVY AND EXCHEQUER BILLS..

The Houfe having refolved itself into a committee,

Mr Pitt rofe to make his promifed motion on the fubject. He began by ftating, that the object of the propofition he

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he intended to fubmit to the confideration of the Committee was, the removal from the market of a large mafs of floating debt, which, owing to a concurrence of unforeseen caufes, fome to be attributed to the increased price of various articles neceffary for the naval fervice, others connected with the prosperity of the country, had fallen to a great discount, and occafioned much embarrassment in mercantile fpeculations and tranfactions. Navy bills, the Committee, he faid, would recollect, which previous to the commencement of the prefent war were iffued for an indefinite period, were now fixed for payment within the period of fifteen months from the date of their iffue, at an intereft of four per cent. and that they were payable at different intervals in that period. The queftion therefore for the confideration of the Committee was, whether the navy and other bills, now outstanding, fhould be left a load upon the market, payable as they became due, or whether it would not be more advifeable to pay them before that period, by offering to the holders fuch terms as would be beneficial to them. Having taken a general view of the fubject, he proceeded to ftate, in the first place, the extent of the navy bills iffued, not only during the prefent year, but in the latter part of the preceding one, many of which bills had been outftanding nearly the ftipulated period of 15 months. From the various caufes alluded to, the amount of the naval expenditure had, he faid, confiderably exceeded his late eftimate of the probable For the 2d Class of 24 incrcafe of the navy debt. When he opened the budget in the prefent feffion,

mittee to the mode of funding those bills. From their great amount it would, he faid, be too burthenfome to fund the whole in one ftock, and it could not fail to distress the other ftocks. That the fcheme therefore might not bear too hard upon any particular fund, it was desirable to give an option to the holders to fund them in any of the three funds, viz. either in the 3 per cents. the 4 per cents. or 5 per cents. The holders he divided into four claffes, according to the date of the bills in their poffeffion.

First clafs, comprehending the months of October, November, and December 1795

Second clafs, the months of January, February, March, and April 1796. Third clafs, the months of May, June, and July 1796.

Fourth clafs, the months of Auguft, September, and October 1796.

The general and almost unanimous opinion of the gentlemen he had confulted on this fubject was, that the bills fhould bear intereft to the 12th of December next, and be funded in the

3 per cents at 58

4 per cents at 75

5 per cents at 88

The holders of the navy bills, he propofed, 'fhould have their option of any of the three kinds of ftock, with the fol lowing abatements on their prefent prices: of 2 p. cent in 3 p. cents

For the 1ft Clafsof

of 4

Cof 14

of 34

p. cent in 4 p. cents p. cent in 5 p. cents. p. cent in 3 p. cents p. cent in 4 p. cents p. cent in 5 p. cents

of I

p. cent in 3 p. cents

p. cent in 4 p. cents

of 3

p. cent in 5 p. cents

of

p. cent in 3 p. cents

of 14

p. cent in 4 p. cents

of 2

he fhould fubmit the means of defraying For the 3d Clafs of 2
the intereft of that excefs, but that did
not form any part of the difcuffion this
night. At prefent, he faid, it was his For the 4th Class
intention only to fubmit the amount of
bills now in circulation, and to propose
a mode of funding all of them, even down
to the latest period at which they were
iffued. Proceeding upon this plan, he
ftated, that the whole amount of the
bills iffued was very little fhort of twelve
millions. It was obvious, he remarked,
from the different dates of the bills, that
a different Bonus must be given to the
refpective holders. It appeared there-
fore proper to divide them into different
claffes, and to attach a Bonus fuitable to
the circumstances attending each clafs.
He then called the attention of the com-
Vol. LVIII.

p. cent in 5 p. cents In addition to the aggregate of navy bills, he ftated, that there were outftanding Exchequer bills to the amount of nearly tavo millions and a half. Thefe, he faid, would not become due till July, but it was expedient to fund them on the fame terms as navy bills, namely,

1 per cent in the 3 per cents 24 per cent in the 4 per cents 4 per cent in the 5 per cents The intereft on all the bills to be made up to the 12th of December next, ̧ and the dividends to commence with the refpective funds, viz. 5 P

The

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The 3 per cents Confols The 5 per cents

The 4 per cents

from Novem- fatisfy all the bills payable in the navy, Sber laft victualling and transport service, to the from Michael- 27th of October 1796, amounting to mas laft. L. 11,993,197 19:9d.

After opening his plan, he apprifed the committee, that if it fhould be neceffary ftill to iffue Navy and Exchequer bills, they should be iffued at fo fhort a date, as not to incur any confiderable lofs by discount. He was aware, he faid, that the vote the committee might come to this day could not embrace the particulars of his propofition, as it could only be a general one; the particular vote must be deferred to the committee of ways and means. At prefent, therefore, he faid, he fhould conclude with moving, "That provifion be made to

After fome oppofition from Mr Huffey and Mr Fox the refolution was put and carried, and the report ordered to be received on the 31ft inft.

HOUSE OF LORDS.

The Houfe, befides being employed in confidering the militia, navy funding, and other public bills, (but, in which, no debate of importance took place,) have heard fome appeals, which will be noticed under that head.

MONTHLY REGISTER.

GAZETTE INTELLIGENCE.

Downing-Street, Oct. 29. Difpatches, of which the following are copies, have been received from R. Craufurd, Efq; by the Right Hon. Lord Grenville. Head-quarters of the Archduke Charles, Betzenlein, Sept. 16.

My Lord,

The great diftance of the Prince of Conde's corps from the Archduke's head quarters, and other circumftances, have prevented my being able till now to have the honour of tranfmitting to your Lordship the details of an affair, which (though it was not of fufficient importance to have any material influence on the general operations of the army, and is now of too old a date to be interefting as an article of intelligence) reflects fo much honour on the Prince of Conde and his corps, that it would be an act of injuftice to those brave and unfortunate perfons, were your Lord hip to be left uninformed of the particulars of their very gallant conduct. J Lieut. Col. Craufurd has therefore defired me, though thus late, to give your Lord fhip an account of this action; and I have taken it from the moft authentic fources. TOPOSAL abit)

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The number of troops left for the defence of the country between the Danube and the Tyrol, in the beginning of laft month, was fo fmall, that the Prince of Conde's corps was divided on an extremely extenfive line, and confiderably

above one half of it was detached from under the immediate command of his Serene Highness.

On the 11th of Auguft, the Prince was pofted in front of Mindleheim, having two advanced corps on the Guntz; that of the right near Erckheim, commanded by the Duke D'Enghein; that of the left at Southeim, under the orders of General Veomenil. He had alfo sent a detachment of cavalry to Loppenhausen, to cover his right, or rather to observe the enemy's movements in that quarter, and another on the left to Guntzburg, on the road between Mindelheim and Kempton; the detachment at Guntzburg communicated with the corps at Kempton.

On the 12th the enemy attacked the Duke D'Enghien's corps, and were repulfed; but the fuperiority of their numbers enabled them to fucceed in turning General Viomenil's left, and they thereby obliged both thefe corps to retire to the Prince of Conde's pofition. The enemy now advanced in great force clofe to his Serene Highness's front, established themselves in the wood and village of Kamlach, and appeared to intend a decifive attack, when the Prince prepared to refift. He placed the centre of his infantry on the heights behind the villages of Upper and Lower Aurbach, both of which he occupied. His cavalry was judiciously concealed from the enemy's view, and sheltered from the cannonade, but ready to advance whenever an op

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