Ev'n Fortune fmil'd, by reafon once controll'd, fpecial matter in evidence; and if the plaintiff fhall be nonfuited, or difcontinue his action after the defendant fhall have appeared, or if judgment fhall be given against him, the defendant shall recover treble cofts. And if fuch action fhall be commenced in Scotland, the court fhall allow the defender to plead this act on his defence; and if the purfuer shall not insist on his action, or if judgment fhall be given against him, the defender fhall recover the full and real expences he may have been put to by that action. This act commenced the very day on which the royal affent was given to it. The commiffioners of excife at Edinburgh, as foon as they received a copy of the act, iffued orders for its being duly intimated to the distillers all over Scotland. An ELEGY, To the memory of Mr Harry Midleton, only fon of George Midleton of Seaton, Efq; and the Rt Hon. Lady Diana Midleton. Quis defiderio fit pudor aut modus Lopt like fome bloffom ere 'tis fully blown; Blefs'd with each finer art that boafts to please, Wit, fpirit, genius, beauty, taste, and cafe, Whate'er informing nature can beftow: Our pride and hope, our wonder and our wo. O early fled to thy congenial fkies! Sent like fome flash that blazes ere it dies; Some meteor fhooting through the dufky night, Or ftar that ftreams with momentary light, Or fpreading flame that pours unusual day, A glancing blaze-then breaks, and burfts away. So fhone thy foulour wond'ring eyes furvey'd The dazzling ray, that brighten'd, gleam'd, and fled. As in fome draught the foft'ning pencil flows, And the warm blush of living beauty glows; These finer traits by Nature's pencil wrought, Improv'd by learning, and refin'd by thought, Through the clear mirror of reflection feen, Liv'd in thy looks, and charm'd us in thy mien. Each nobler wifh from moral beauty stole, Each pow'rful spring that moves and melts the foul: The candid heart by prompting nature fir'd, Th' ingenuous blush by artlefs truth inspir'd, The tear o'er fuff'ring virtue taught to flow, The feeling breast that mourn'd another's wo; O'er all thy mind thefe lovely features run, And fpread like buds that feel the morning-fun. Informing Art beftow'd her genial pow'r To warm the foil, and rear the tender flow'r : * This young gentleman died at Gibraltar, in the twentieth year of his age, not long after having been promoted to the rank of a lieutenant in Com. Edgcumbe's own fhip, for his gallant behaviour on the 20th of May 1756. At laft Ambition came, each young defire Felt its bold hand, and flam'd with noble fire. O glorious thirst of praife! dear, fatal flame! Like lightning darts to feize th' expected prey, That mounts the paffions on the wings of fame, And ftrikes the heart, and whirls the foul away. 'Twas this that bore thee from thy country far, To paint the scenes where rage and war prevail, O fled unhop'd to find an early tomb! Nor mourn their laft, their lov'd, their only care? O early fled to join th'immortal throng, From hence perhaps thy pitying eye defcries, What once Ambition thought a glorious prize, Looks downs fuperior on th' unequal ftrife, And marks us ftruggling thro' the storm of life. So when the distant mariner furveys The lowring tempeft, and the boiling feas; O'er their black bofom fees the whirlwind rave, And the fhip nodding on the ridgy wave! He breathes the figh of pity o'er the scene, Then midft the roar of thunder fits ferene; Peace waves her gentle olives o'er his head, And his clos'd eyes fleep fweetly in the fhade. Aberdeen, March 24. Upon Had you her courage, as you have her charms, You then, like Venus, would not fly his arms. Chufing a wife by a pipe of tobacco. TH Ube, I love thee as my life; By thee I mean to chufe a wife. Tube, thy colour let me find, In her fkin, and in her mind. Let her have a fhape as fine; Let her breath be fweet as thine: Let her, when her lips I kifs, Burn, like thee, to give me blifs: Let her in fome moke or other, All my failings kindly fmother. Often when my thoughts are low, Send them where they ought to go. When to study I incline, Let her aid be fuch as thine: Such as thine her charming pow'r, In the vacant focial hour. Let her live to give delight, Ever warm, and ever bright: Let her deeds, whene'er the dies, Mount as incenfe to the fkies. L Etters from CONSTANTINOPLE bear, that. Prince Mahomet, ap parent heir to the Ottoman throne, died there lately [110.], not without fufpicion of having received unfair treatment. He was much beloved by the people, who do not feem to have the fame affection for his brothers. The difgrace of the late Grand Vizir Mustapha Bafhaw is attributed to the treaty of commerce concluded between the Porte and Denmark, his enemies giving out that he was well paid for that affair, and preferred his private intereft to the good of the empire. Early in January the plague broke out again at Conftantinople, and daily carried off great numbers of people. There is advice from Stockholm, dated Feb. 12..that the RUSSIAN ships on 'board which the heavy artillery and ftores were imbarked at Petersburg, in order to be carried to Riga for the army of Gen. Apraxin, were difperfed by a violent ftorm, in which most of them were loft, thofe which efcaped putting To a young lady, upon her fricking a pincushion in a into Helfingford in Finland. The Poles variety of curious figures. Tin hands of beauty prove, The fatal fhafts of love. TH Ho no proud trophies of the great and vain, -No vaunts of ancestry, no venal ftrain, Bedeck this humble monument: yet here, Unbought, unafk'd, fhall stream the grateful tear; Here fhall the orphan mourn its parent gone, Here the lorn widow pour th' unceafing moan; Here virtue's friends their tribute oft fhall pay, Recal his various worth, and fighing fay, "Oh! he was mild, benevolent, huniane; Though gentle, firm; though delicate, not vain; Fond to fcorn'd worth his gen'rous aid to lend; The poor's protector, and the good man's friend; Poffefs'd of patience, when feverely try'd; The Stoic's fortitude, without his pride; Whofe nobler foul difdain'd the farce of fhow; Who liv'd unblemish'd, and who left no foe." Tho' now from hence by Heav'n's high-will reYet bethy mem'ry honour'd ftill, and lov'd, [mov'd, While from thy tomb cach mourner shall depart, With mended morals, and a purer heart. Aberdeen, September. ftill refusing to let that army traverse their country, a road has been preparing for it through Courland and Samogitia, as far as the river Niemen. Marfhal Lewald, who commands 36 or 38,000 men in Brandenburg Pruffia, has chofen the post of Tilfa to incamp his army in, as the most advantageous fituation for obferving the motions of the Ruffians. It has the river Niemen behind; a ridge of hills in front, which command the whole country for a good way forward; the left is covered by marfhes, and the right by hills of very difficult accefs. According to lateft accounts, the Ruffians remained in the fame fituation they had been during the winthat Count Czernchef had been fent to ter. Private letters from Petersburg say, Vienna, in order to lay before that court certain propofitions which had been com. which were judged to be of the highest municated to the Ruffian ministry, and importance. In letters from STOCKHOLM, it is obferved, ferved, that, fince the beginning of February, the King of Sweden and the fenate have been taken up with important deliberations; and that they talk at court of affembling a body of troops in Swe difh Pomerania. From COPENHAGEN they write, that his Danish Majefty was entering into a new treaty with the court of Sweden, for affifting each other with fea-forces, if occafion fhould require, in order to a reciprocal defence of their countries and commerce; and that in the mean time orders had been given for repairing all their men of war, to render them fit for fervice.- Since the beginning of this year feveral fhocks of an earthquake have been felt in different parts of Denmark, but happily without producing any fatal effects. Both the AUSTRIANS and PRUSSIANS are preparing for an early campaign in Germany. We have not yet heard of any thing worth notice having been performed on either fide of late, except that about the roth of March the Duke of Bevern fet out from Zittau in Lufatia with a body of near goco men, in order to destroy the dens which the Austrians 1 kept upon their frontiers. In this expedition he took their magazine at Freidland in Bohemia, confifting of 9000 facks of meal, with great ftore of ammunition, and after making himself mafter of Refchenberg, returned to Zittau. The van of his troops, confifting of 150 huffars, met a body of 600 Croats, fuftained by zoo dragoons, at their entering Bohemia, upon whom they immediately fell fword in hand, killed about 50 of them, took 30 horfes, and made 10 dragoons prifoners. The Pruffians fay they loft not a fingle man on that occafion, and that only two of them were flightly wounded, the Auftrians having been immediately put to flight. The Auftrians do not tell us of any of the troops expected from the ftates of the empire being actually arrived in Bohemia, except thofe belonging to the Elector of Mentz. According to advices from Francfort, his Imperial Majefty has written in very strong terms to the circles of the Upper Rhine, in order to obtain an immediate march of their troops against the King of Pruffia; but thofe ftates have taken a refolution to deliberates inftead of marching; and fome think that others will follow their example. Late advices from Drefden bear, that the Pruffian minifters, intrufted with the administration of the revenues of Saxony, have wrote very pathetic letters to the magiftrates of most of the great towns, exhorting them to demonftrate to the people, that following their respective occupations, and minding their husbandry with clofe attention, are the proper means of fubfifting their families, and leffening that diftrefs of which they fo loudly complain, and which need not be. great, confidering the numbers now in the electorate, eating, drinking, and wearing, all for ready money which they exactly pay. Very late accounts from Drefden bear, that they are extremely imbarraffed there, by orders given their magiftrates, to provide a further sum of 900,000 crowns for the Pruffian military cheft; the whole to be furnished between the 1ft of April and ift of May. According to late advices, a French army, faid to confift of about 50,000 men, was on its march for the Lower Rhine. It was to be joined by four Auftrian regiments from the Netherlands, and to be commanded by the Duke of Orleans, with the Marshal d'Eftrees as an assistant under him. The Prince de Soubize was to have the command of a feparate corps of 24,0co men. His Pruflian Majefty was caufing his garrifons withdraw from several places in the duchy of Cleves, and had ordered the fortifications of thofe places to be demolished. To oppofe the enterprises of the French, an army of obfervation was to be affembled, confifting of Hanoverians, Heffians, Wolfenbuttlers, Pruffians, and o ther troops. They write from Florence, the capi.. tal of TUSCANY, that reprefentations have been made by the magistracy of Leg. horn, and of other places in that duchy, to the court of Vienna; which have had fuch an effect, that an edit was published there on the 12th of February, 4 in which his Imperial Majesty, as Grand products and manufactures of the two Duke, declared his intention of obfer: kingdoms, but that the neutral. Spanish ving the strictest neutrality in the prefent fhip is to make the goods of both nations fituation of affairs, which the feveral free, without any question being asked ports in that duchy were particularly about the proprietors of them. This injoined to regard, in all cafes relating is faid to have been done at the instance, to the British and French fhips in the or at least with the confent, of France. Mediterranean. The following is a letter from Cadiz in SPAIN, dated March 2. "A moft furprising affair has happened this day, of which I was a spectator. The French Eaft-Indiaman brought in here by the Antigallican privateer, was by every bo dy deemed a lawful prize, and appears to be fo, by the declaration of the French prifoners, that she was taken five or fix leagues off the coaft, near Cape Finifterre. An order, however, was fent from Madrid to feize her; which was done accordingly, by fending five companies of foldiers on board; but upon fecurity given, they were ordered afhore. Further orders fince came for her to be delivered up to the French conful; of which notice was given to the captain: but he refufed to comply with them; upon which a Spanish man of war of 70 guns and a frigate of 36 guns this morning lay along-tide of her, and gave her a whole broadfide each; when the ftruck her colours. After this, a boat was fent aboard, and brought the captain off prifoner. Several men were killed. The privateer is careening, and it is expect ed she will be feized next." Other and fomewhat different accounts of this affair have been published; but we hope a little time will enable us to give the if fue of it with certainty. They tell us, that as to the difputes which arife from time to time about the distances at which the neutrality of Spain fhall be reckoned to protect hips, his Catholic Majefty defires to come to a friendly explication with the King of G. Britain, in order to lay down fuch clear rules, as may for the future prevent all mifunderstandings and complaints. We are informed, that a convention is concluded with the court of Madrid, by which no Spanish veffels are to be stopped and vifited by either British or French men of war or privateers, under pretence of looking for the Private letters from Paris reprefent FRANCE as in a diftracted and most die ftreffed condition. Public and private remonftrances are handed about without referve, fetting forth, that the adminiftration, and the farmers-general, of the revenues, have utterly ruined the kingdom; that above one third of the arable lands lie uncultivated, for want of labourers and money; that the farmersgeneral have above 300,000 myrmidons of one denomination or other in their pay, who live at their ease, while all the rest of the people are starving around them. Thefe remonftrances conclude, that an end must be put to the prefent fyftem of the finances, or that fyftem will put an end to the nation. Some accounts bear, that ftrong reprefentations have been made to the French King, as if the bad difpofition which at prefent prevails through almost all the provinces of his dominions, has been occafioned by the difputes with the parliaments. Nay, it is faid, that the pu blic tranquillity cannot be restored, but by putting the authority of parliaments upon a more ftable foundation than that which is called royal, and is in fact commonly ministerial. In the mean time it is afferted, that his Most Christian Majefty is inexorable with regard to fuch members of the parliament of Paris as have fallen under his displeasure. The Duke de Randan, Governor of Franche Compte, and M. de Michotte, Prefident of the parliament of Bifançon, have been fent for to court, and thirty-four members of that parliament have been fent into exile; notwithstanding which that body perfift in a resolution they had taken not to register the King's declaration for levying the additional twentieth penny. M. de Soto Major, the Spanish ambaffador at Paris, has been commiffioned by his Britannic Majefty, to compli ment ment the French King on his late hap. py escape and recovery. His Moft Chriitian Majefty, who lately entered the 48th year of his age, appears graver than ufual, has laid afide his little journeys, and affifts conftantly at councils. The princes and peers of the kingdom have held feveral joint meetings, with the members of the grand chamber of the parliament of Paris, and those of the Tournelle, in order to pass sentence upon Damien the affaffin. A foldier of the French King's guards has been taken up as one of his accomplices. On the 6th of March that foldier was examined, and anfwered in a very vague and confused manner. He was afterwards confronted with Damien, who, it is faid, feemed extremely furprised at the fight of him. Next day Damien was again interrogated before his father, his brother, and three more of his relations. The foldier accused three merchants as acceffory to the plot, who were accordingly taken into cuftody. It foon appeared that two of them were quite innocent, and that the foldier had condefcended upon them only in order to defer his own punishment. Towards the end of February, a French fquadron from Rochefort and Brefst failed under the command of M. de Beaufremont. Having met with a great florm, all the fhips returned to Breft, on the 6th of March, in a fhattered condition, except one of 80 guns, which was in at leaft as bad a cafe as any of the reft, and of which we have heard nothing particular fince the storm. Their HIGH MIGHTINESSES have been informed, by the French ambaffador, of the march of an army of his countrymen into the empire, by a memorial, in which he tells them, that the King his mafter takes this ftep in confequence of his being guarantee of the peace of Weftphalia, and in order to affift his allies, without any intention to injure other powers; and that while the republic obferves the neutrality fhe has promised his Moft Chriftian Majefty, the may depend on the continuance of his friendship, with all forts of good of Aces to promote her profperity. The VOL. XIX. Kings of G. Britain and Pruffia have fignified to the States-General, in their electoral capacity, the neceffity they are under to affemble an army of observation, in the provinces of their dominions bordering on the frontiers of the republic, in order to fecure their electorates against the attempts with which they are threatened by France. As to PLANTATION affairs, they write from New York, of Feb. 7. that the transports with the 2000 men fome time ago fent from Ireland, were all safely arrived there, excepting one fhip, which got into Virginia in diftrefs, with 150 men. Several letters from St Kitts dated Jan. 13. fay, that feven British privateers failed in conjunction from thence to St Bartholomew's ifle, one of the Caribees fubject to the French, of which they made themfelves malters, with three privateers which were in the harbour. The French governor was killed in the action; and one of the British privateers blew up, by which event all the crew perished. ENG LA N D. The royal affent was given, by commiffion, March 11. to the following bills. An act to prohibit the making of fpirits, from wheat, &c. [151] An act for the regulation of his Majesty's ma-` rine forces, while on shore. To two road bills, and two private bills. The order for giving bounties to voluntier feamen or landmen for the feafervice, and rewards to thofe who difcover feamen who conceal themselves [xviii 619.], is ftill in force, being continued by orders of council renewed monthly. A royal proclamation is iffued, of date March 25. founded on the act 13° Geo. II. for the better supply of mariners, &c. [xvii. 206], and bearing, that the iffuing of fuch proclamation. hath been hitherto rendered unneceffary, by the act of laft feffion, for the better fupply of mariners, &c. the provifions of which are near expiring [xviii. 193.]. By this proclamation, merchant-hips and privateers are permitted, during the continuance of the war, to be navigated Z by |