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reasons: The troops of the besieged were then more numerous than the be. An abstract of the act tricefimo Georgii 11. liegers ; the besieged had recovered

intitled, An act to indemnify perfons their first surprife ; they had learned,

wbe have been guilty of the unlawful from deferters, the smallness of the be

importing, landing, or running of probisieging body; they had erected feven

bited, 'uncustomed, or other goods or batteries against the fingle one which

merchandise, upon certain terms therein the beliegers had been able to raise; the

mentioned. bombs, and other ammunition, were al- Pre Here is a great want of feamost expended; the engineer declared amble. men for completely man. it impracticable to set the town on fire, ning the royal navy: and there are maor, make a breach, without more artil- ny seafaring persons, subjects of his Malery, and more ammunition; the roads jesty, at this time in parts beyond the were become impassable for artillery by feas, and in feveral of the gaots of this the continued rains; the Admiral had kingdom, on account of fundry offences remonstrated, that the ships were in a by them committed in breach of the hazardous situation, from the danger of laws of customs and excise; and likewise a fouth-west wind, and the foulness of several perfons, who have been or may the ground where they were anchored. be charged with riding with fire-arms,

The troops retreated, but retreat- contrary to the acts 89 Geo. I. and go ed in good order ; they reimbarked in Gea. II. and other acts now in force, and the fight of 3000 of the French, with who have neglected to take the benefit out the smallest attack or interruption. of the late act of indemnity, and are

As a reinforcement of two battalions capable, and may be inclined,' or by · were ordered from England, the Admi- clemency induced to serve on board his ral and General determined to fail to Majesty's ships of war, provided they the bay of Quiberon, to wait their ar- were certain of their being indemnified rival. They had scarce weighed, when for their past offences. a south-west gale arose; it blew hard : $1. Every person who, before the many of the ships were in danger; feve- ,ift of May 1757, shall have been guilty ral of them were dispersed; and four of of illegal running any wool, prohibited the transports, with near goo men, were or uncustomed goods, or shall have been driven to England. The rest of the armed with fire-arms or other offensive troops were disimbarked on the penin- weapons, in order to be aiding to any .fula of Quiberon : they incamped ; and fuch offenders, or fhall have been guilty as the fleet rode in safety in the bay, of rescuing fuch goods, after seizure, they remained there a fortnight, and so from the officers, or of any act whereby continued the alarm on the coat. They perfons may be deemed to be runners of took and destroyed fome forts on the foreign goods, or of obftructing or beatneighbouring islands. An order was ing any officer of the customs or excife dispatched from Paris to M. Saxe, to in the execution of his duty, or of aid(fend a considerable.detachment; but it ing therein, shall be indemnified and re. did not reach him till after he had gain. Jealed, against the King, every fach ofed the battle of Raucoux. The Admiral ficer, and all other persons, from all the and General were informed of the march faid offences, concerning which no fuit : of the detachment, and of the loss of shall have been commenced or compofithe battle, at the fame time. They tion made before the ist of May 1757, saw no probability of the arrival of the upon the following conditions, viz. reinforcement, or of their own trank That he do, before he shall be appre. ports which were missing. The num- hended or profecuted for the same, and ber of their troops was too small to en- before the ist of December 1757, enter gage in any new undertaking. They himself with fome commillion-officer of quitted the coast of France, and steered his Majesty's fleet to serve as a common for

their appointed stations in England Cailor in the said fleet, and do, for three and Ireland.


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years at least from the time of fuch en. aiding to any officer, concerning any try, unless he shall be fooner discharged thing by this act intended to be releafrom the service, actually and bona fide fed; but such claim shall be an absolute serve and do- duty as fuch, in the said discharge to fuch officer fleet; and shall also, before the faid ift plead the general iffue, and give a copy of December 1757, register his name, of such claim, entered as aforesaid with employment, and usual place of abode, the clerk of the peace, and this act, in with the clerk of the peace, in the fol. evidence, on such action. lowing form, which he shall lign: 5. No person who shall so enter him, “ A. B. , of claims the benefit of self to serve as a common failor for three an act of the thirtieth year of the reign years, shall, during such three years, of his Majesty King George the Second, unless he mall withdraw from such serand has entered himself with a commif- vice, be liable to be apprehended or fion-officer of his Majesty's fleet, and has prosecuted on account of any offences registered his name in the book kept by intended to be released by this act. the clerk of the peace of this county, riding, or division, this day of An abstract of the act tricesimo Georgii II.

encou. pursuant to the directions of the intitled, An act for the relief and said act." For, which entry there shall ragement of the captors of prizes, with be paid to the clerk of the peace is.

respect to tbe bringing and landing prizeand no more; and the said clerk Thall, goods in this kingdom. immediately after the ift of May 1757, Pre *HE duties granted by an act from time to time, transmit to the com. amble. 7° & 8° Will. III. upon miffioners of the customs and excise an French wines, and other goods of the exact account of all the persons who by product or manufacture of France, as Such entry shall have intitled themselves well as several other duties upon

various to claim the benefit of this act,

goods imported, are by law not to be 2. Every person who shall so claim the drawn back upon re-exportation: and benefit of this act, and shall afterwards such duties have been found in several be guilty of any of the offences hereby in ces to be equal to the value of the intended to be released, or shall at any goods which have been taken as prizę time after desert from the faid service, from the French, and thereby the capor within the said three years unduly tors have so far lost the benefit of their procure his discharge therefrom, shall be prizes; which discouragement hath often liable to be prosecuted, not only for induced captors to carry their prizes disuch new offence, but for all the penal, rectly to foreign parts, to the prejudice ties and forfeitures he would have been of this kingdom. liable to in case this indemnity had ne $1. Any goods of the product or maver been given.

nufacture of France, or of any of the 3. If any officer of his Majesty's navy dominions belonging to the crown of Thall, by false mufter or certificate, or France, that have been, or shall herein consideration of a gratuity of any after be taken, during the continuance kind, or by any other collusive means, of the present war, and brought hither permit such person to avoid the actual by any of his Majesty's fhips of war or service, such person shall not only lose privateers, may, upon condemnation as the benefit of this act, but every fuch lawful prize, be landed in any port withofficer fall fuffer the penalty of 500l. in this kingdom, and secured, under the

4. No person who shall have made King's locks, in warehouses provided at such entry as aforesaid, or who shall be the expence of the captors, with the intitled to any benefit by this act, shall approbation and under the inspection of be capable of maintaining any action, the cominiffioners or other principal ofbrought or to be brought, against any ficers for managing the respective duties officer of the customs or excise, or a- of customs and excise, to which such gainst any person who shall have been goods are liable ; and upon admission of


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any such goods taken fince his Majesty's warehouse in pursuance of this act, or declaration of war against France, into which are now remaining in any warefuch warchouses, there shall be paid by house in this kingdom, under the King's the captors, or their agents, the fol- locks, 'n

may, upon payment of the relowing duties only; which shall not be spective duties before directed, (if the afterwards drawn back upon exporta- same shall have been taken finee the des tion; viza for all fucli goods, (except claration of war), be exported at any wines and vinegar, and the goods after time directly from thence, without paya enumerated) taken by any

of his Ma- ing any further duty of customs or ex• jesty's ships of war, the half of the old ċife; and if such goods shall have been fublidy granted by the act of topnage taken before the declaration of war; the and poundage, 12° Car. II. and the fame may be exported, in like manner; whole of the further subsidy of poundage without payment of any duty of customs granted by an act 21° Geo. II. common or excise whatsoever; the exporter gi. ly called The subsidy 1247 ;. and for the ving fufficient security, in double the like goods, if taken by any private ship value, before delivery out of the warea of war, the half of the said old subsidy, house, that the same shall be truly ex* and no more; which duties shall be col. ported, and not relanded in any part of lected and applied in the same manner G. Britain, or the islands of Guernsey, and to the fame purposes whereunto Jersey, Alderney, Sark, or Man ; which they are by law appropriated, subject security the customer or collector of the nevertheless to the customary allowan port of exportation is required to take, ces for damage; and for French wine in his Majesty's name. and French vinegar, taken as aforesaid 5. If any goods shall be taken out of either by his Majesty's Niips of war or any warehouse wherein they are secured privateers, after the rate of 31. the as aforesaid, to be consumed in this kinga tun; to be paid into the exchequer, as dom, the person so taking out the fame, part of the duties arising by an act 18° Mall first pay up the remainder of the Geo. II. for granting to his Majesiy several duties which would have been due if the additional duties upon all wines import. fame had been regularly imported; and ted, &c.

such goods shall in all other respects bé 2. The aforementioned duties by this liable to the restrictions and regulations act directed to be paid for such prize to which they would have been subject goods, shall be payable ad valorem, and if this act had not been made. no otherwise, upon the oath of the cap 6. Nothing in this act shall extend to tors, or their agents, upon the follow- charge any wine with the before-men: ing goods, viz. upoti all forts of wool. tioned duty of 3 1. per tun, which shally len and Gilk manufactures, and hats, at landing, be damaged or unmerchanthandkerchiefs, checks, knives, and nails, able, and which shall be given up to the notwithstanding the fame may have been officers of the customs to be publicly rated in the book of rates 12° Car. II. sold, in order to be distilled into branor the additional book of rates 11° dy, or made into vinegar, in the mana Geo. I. ; and the faid duties ad valorem ner directed by an act 12° Geo. I. for Thall be levied by the regulations and the improvement of his Majesty's revenues under the penalties and forfeitures pre- of cuftoms, excise, and inland duties. Icribed by the act 11° Geo. 1. for rating 7. Nothing in this act shall extend to such unrated good's, &c.

lessen or any wife alter the duties whicli 3. No durics whatsoever shall be de- by law are payable upon goods of the manded for any prize-goods conlisting product or manufacture of any other of military or lip stores.

country, except France, and the domis 4. Any prize goods of the product or nions belonging to the crown of France, manufacture of France, or any of the which may be taken as priž., and conidominions bclonging to the crown of demned in this kingdom. France, which shall be received into any

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To the author of the Scots MAGAZINE. though the decision will tiot give gene

ral fatisfaction.

Again, if it comes before a kirk-
T hath been often observed, that the court, as it readily will in the first in-

unnatural crime of childmurder is stance, we will not find the woman's
more frequent among us than among situation changed to the better : for if
our neighbours ; and a late correspon- there be no presumptions of guilt, the
dent of yours. [80.] has endeavoured to process is to be dismissed ; and this will
account for it. I believe most of your very readily be the case, as the man will
readers will agree with him, that it is take care there be as few witnesses to his
hot to be ascribed to any peculiar bar- converse with the woman as possible.
barity or cruelty in our country women: By our form of process, the woman's
but I cannot be persuaded of what he testimony is no sufficient evidence ;
and many others alledge, that the re- (though, for what reafon, is not said ;
penting-stool is the only cause of it, and we know, that in our neighbouring
For in England, where this crime is not country, it is always fuftained, unlele
fo frequent, public penance in fackcloth the man prove himself alibi): but if
obtains over all the parishes in the coun- there be other presumptions of guilt, the
try, unless it is bought off with money t man, if he insists on it, whether he be
and I have observed, that young women married or a single man, is allowed the
who have fallen with child, have gener benefit of an oath of purgation; on ta-
rally their recourse to the ftool of repent- king of which, he is cleared, and the
ance, as theonly means of recovering their woman required to find another father
character, and it hath often been effec- for her child ; which I believe no one e.
tual, and they afterward married com- ver yet did.
fortably. But I imagine that I have This form of procedure I take to be
discovered the true cause of the frequen- the cause of the prevalence of the unna-
cy of childmurder į and as the subject is tural crime of childmurder among us
of-importance, it is by your means sub- more than among our neighbours : to
mitted to the judgment of the public. illustrate which i beg leave to subjoin

I am persuaded, that the far greater two observations. part, if not all the criminals arraigned Firfi, It seems to me incompetent, if for this crime, are such unhappy women not absurd, when a married man is acas have been seduced and got with child cused of uncleanness with a single wos by married men. And indeed such un- man, to allow him the privilege of an happy persons have no prospect before oath of purgation. For let it be consis. them, but of infamy, beggary, or ftar- dered wherein the special guilt of such ving, for themselves and the fruit of adultery doth confift. It is not the detheir womb.; and therefore it is little filing his neighbour's bed, it is not the wonder they are tempted, at any rate, introducing spurious race into his fato get rid of it, to avoid such infup- mily, which is the guilt of adultery portable evils. For such are the laws, strictly so called ; but the guilt of his and forms of procedure both in our civil adultery, as distinguished from fimple and kirk courts, that unless she can pro- fornication, consists in uncleanness, duce two witnesses to the very fact, it joined with perjury, a violation of the will never be in her power to convict marriage-oath, one of the most folemn bim, or obtain any legal redress, or any that palles in civil life. The accusation Tupport for herself and child. For if the then of adultery is a probable accusation pursues him before a civil court, for ex- of perjury. Very probable is the accupences of lying-in, and maintenance of fation : for it is highly improbable a wo. the child, it will be referred to the man's man would accuse a married man as her bath, Whether he is the father or not? child's father, if she could give it to a and then it is scarce to be doubted but fugle person. Can it then be judged he will win the cause, and be asfoilzied, competent, when a probable accusation


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of perjury is laid against a man, that he trary, tends to the destruction of both Thould be allowed to purge himself by the man and the woman : of the latter, oath ? In numberkefs other instances by bringing upon her infamy irrecover. which might be given, our laws are very able, the not being allowed the privilege tender of allowing oaths where there is of the repenting.Itool for a long time; a trong temptation to perjury, in this and poverty or beggary. Being aban. cafe alone, where the accusation is most doned of her relations, and her false se. probable, and amounts to an accusation ducer, she has no recourfe, but either to of perjury, and where the temptation to the charity of the parish, (and my perjury is of the strongest kind, an oath thren of the session will think it a bad of purgation is allowed.

use of the poor's money, to employ it in This is an apparent inconsistency. the maintenance of an adulterous wo• And all that I have heard said in defence man, a

and her bastard), or to a course of it was, That there was no other way of lewdnels, ending in present and of ending the process ; and that it was future misery. The consequences to better the guilty escape than the inno- the unhappy man are no le

less fatal and cert fuffer. As to the first, It seems pernicious. He is far fron recovering not quite true : for what if we should his character : he swears, but no body adopt the laws of England, fultaining in believes him; and as he probably will all cases the woman's accusation? There never make any reparation to the injuis a maxim of the English law applicable red woman, nor do any thing for the to this case, “Better luffer a mischief support of his own infant, he involves chan au inconvenience.” Or fuch pro- himself in guilt unpardonable, and is in celles might be ended, by reading them the greatest danger of everlasting debefore the congregation, as our form of Etruction. I am, &c. [xiii. 178. 527.] process dire&s, or by permitting the

A COUNTRY ELDER. Scandal to prescribe. The maxim, [In 1751, the act 1690, anent childmurder, was That better the guilty efcape than the appointed to be read in all the churches in Scotinnocent suffer, will not apply to this land [xiii. 260.7: and perhaps such public read, cafe. It is perhaps possible, but scarce ing of that act twice or oftener every year, might probable

, the innocent may suffer fome -A law by which prefumption of guilt, withprefent inconvenience in their character out positive evidence, is made to infer a capital or estate. But fad is the escape of the punishment

, ought to be frequently published, lek guilty, They may indeed escape that delinquents suffer through mere ignorance. censure or punishment they deserve from As a proper care of their offspring is the duty of men, but cannot escape God's righteous fathers of fich children, though in some cases

parents, it may be thought a pity that the judgment ; for they are guilty of perju- not the least guilty of the two (xi. 509. 603), ry, in emitting a false affertory oath to lould escape without challenge.] cover perjury to a former promiffory one.

Which brings me to my fecond obser: Memoirs of Field-Marshal Leopold Count gation, namely, That when -a married

Daun, translated from a French manuman clears himfelf by oath of an accusa

fcript, and interspersed with many curious tion of adultery, he thereby comes un

anecdotes ; among which is a full and der an obligation, (of what nature, I particular account of Field-Marsal Keith. shall not say), but he will find it indif. pensable, never to do any thing to re

Marshal in the Austrian army, was pair the wrong done the woman ;. never born the 20th of October 1695, at Knin, to do any thing to support her, or main- a sinall city situated upon a branch of tain his own child; and, however im. the Moldau, about ten leagues S. by E. pelled to a contrary conduct by motives from Prague, in the kingdom of Boheof religion and humanity, to abandon mia. His father, Joseph Count de Daun, both to infamy and beggary : fo that al- was of the Imperial family, and head of though the discipline of the kirk be for a branch called Daun, from a place of elification, this part of it, on the con- that name which fell to their family by

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