T hath been often obferved, that the unnatural crime of childmurder is more frequent among us than among our neighbours; and a late correfpondent of yours [80.] has endeavoured to account for it. I believe most of your readers will agree with him, that it is not to be ascribed to any peculiar bar barity or cruelty in our countrywomen: but I cannot be perfuaded of what he and many others alledge, that the repenting-ftool is the only cause of it. For in England, where this crime is not fo frequent, public penance in fackcloth obtains over all the parishes in the country, unless it is bought off with money t and I have obferved, that young women who have fallen with child, have generally their recourse to the stool of repentance, as the only means of recovering their character; and it hath often been effectual, and they afterward married comfortably. But I imagine that I have discovered the true caufe of the frequency of childmurder; and as the subject is of importance, it is by your means fubmitted to the judgment of the public.

I am perfuaded, that the far greater part, if not all the criminals arraigned for this crime, are fuch unhappy women as have been feduced and got with child by married men. And indeed fuch unhappy perfons have no profpect before them, but of infamy, beggary, or starving, for themfelves and the fruit of their womb.; and therefore it is little wonder they are tempted, at any rate, to get rid of it, to avoid fuch infupportable evils. For fuch are the laws, and forms of procedure both in our civil and kirk courts, that unless fhe can produce two witnesses to the very fact, it will never be in her power to convict bim, or obtain any legal redress, or any Tupport for herself and child. For if the purfues him before a civil court, for expences of lying-in, and maintenance of the child, it will be referred to the man's oath, Whether he is the father or not? and then it is scarce to be doubted but he will win the caufe, and be affoilzied,

ral fatisfaction.

Again, if it comes before a kirke court, as it readily will in the first inftance, we will not find the woman's fituation changed to the better: for if there be no prefumptions of guilt, the procefs is to be difmiffed; and this will very readily be the case, as the man will take care there be as few witneffes to his converse with the woman as poffible. By our form of process, the woman's teftimony is no fufficient evidence; (though, for what reafon, is not faid; and we know, that in our neighbouring. country, it is always fuftained, unless the man prove himself alibi): but if there be other prefumptions of guilt, the man, if he infifts on it, whether he be a married or a fingle man, is allowed the benefit of an oath of purgation; on ta king of which, he is cleared, and the woman required to find another father for her child; which I believe no one ever yet did.

This form of procedure I take to be the cause of the prevalence of the unnatural crime of childmurder among us more than among our neighbours: to illuftrate which I beg leave to fubjoin two obfervations.

Firft, It seems to me incompetent, if not abfurd, when a married man is ac cused of uncleannefs with a fingle wo man, to allow him the privilege of an oath of purgation. For let it be confi dered wherein the fpecial guilt of fuch adultery doth confift. It is not the defiling his neighbour's bed, it is not the introducing a fpurious race into his fa mily, which is the guilt of adultery ftrictly fo called; but the guilt of this adultery, as diftinguifhed from fimple fornication, confifts in uncleanness, joined with perjury, a violation of the marriage-oath, one of the most solemn that paffes in civil life. The accufation then of adultery is a probable accufation of perjury. Very probable is the accu fation: for it is highly improbable a wo man would accufe a married man as her child's father, if fhe could give it to a fingle perfon. Can it then be judged competent, when a probable accufation

of

of perjury is laid against a man, that he fhould be allowed to purge himself by oath? In numberless other instances which might be given, our laws are very tender of allowing oaths where there is a ftrong temptation to perjury; in this cafe alone, where the accufation is most probable, and amounts to an accufation of perjury, and where the temptation to perjury is of the strongest kind, an oath purgation is allowed.

of

This is an apparent inconfiftency. And all that I have heard faid in defence of it was, That there was no other way of ending the process; and that it was better the guilty escape than the innocent fuffer.- As to the firft, It feems not quite true: for what if we fhould adopt the laws of England, fuftaining in all cafes the woman's accufation? There is a maxim of the English law applicable to this cafe," Better fuffer a mifchief than an inconvenience." Or fuch proceffes might be ended, by reading them before the congregation, as our form of procefs directs, or by permitting the candal to preferibe.- -The maxim, That better the guilty escape than the innocent fuffer, will not apply to this cafe. It is perhaps poffible, but fcarce probable, the innocent may fuffer fome prefent inconvenience in their character or estate. But fad is the efcape of the guilty. They may indeed escape that cenfure or punishment they deserve from men, but cannot escape God's righteous judgment; for they are guilty of perjury, in emitting a falfe affertory oath to cover perjury to a former promiffory one. Which brings me to my fecond obfervation, namely, That when a married man clears himself by oath of an accufa tion of adultery, he thereby comes under an obligation, (of what nature, I hall not fay), but he will find it indifpenfable, never to do any thing to repair the wrong done the woman; never to do any thing to support her, or maintain his own child; and, however impelled to a contrary conduct by motives of religion and humanity, to abandon both to infamy and beggary: fo that although the difcipline of the kirk be for dification, this part of it, on the con

trary, tends to the deftruction of both the man and the woman: of the latter, by bringing upon her infamy irrecoverable, the not being allowed the privilege of the repenting-ftool for a long time; and poverty or beggary. Being abandoned of her relations, and her false se ducer, he has no recourfe, but either to the charity of the parish, (and my bre thren of the feffion will think it a bad ufe of the poor's money, to employ it in the maintenance of an adulterous woman, and her bastard), or to a course of lewdness, ending in present and future mifery. The confequences to the unhappy man are no lefs fatal and pernicious. He is far from recovering his character: he fwears, but no body believes him; and as he probably will never make any reparation to the inju red woman, nor do any thing for the fupport of his own infant, he involves himself in guilt unpardonable, and is in the greatest danger of everlasting deftruction. I am, &c. [xiii. 178. 527.]

A COUNTRY ELDER.

[In 1751, the act 1690, anent childmurder, was appointed to be read in all the churches in Scotland [xiii. 260.]: and perhaps fuch public read, ing of that act twice or oftener every year, might be a means of preventing this unnatural crime.

-A law by which presumption of guilt, without pofitive evidence, is made to infer a capital punishment, ought to be frequently published, left delinquents fuffer through mere ignorance.As a proper care of their offspring is the duty of fathers of fuch children, though in fome cafes both parents, it may be thought a pity that the not the leaft guilty of the two [xi. 509. 603], should escape without challenge.]

Memoirs of Field-Marshal Leopold Count

Daun, tranflated from a French manufcript, and interspersed with mang curious anecdotes; among which is a full and particular account of Field-Marshal Keith.

Count Daun, now a Field

Marshal in the Auftrian army, was born the 20th of October 1695, at Knin, a finall city fituated upon a branch of the Moldau, about ten leagues S. by E. from Prague, in the kingdom of Bohemia. His father, Jofeph Count de Daun, was of the Imperial family, and head of a branch called Daun, from a place of that name which fell to their family by

The house of Daun, from the reign of the Emperor Maximilian down to Ferdinand II. had been almoft entirely neglected, and was reduced to fuch a degree of poverty, that when Leopold Charles Count Daun entered the Emperor's fervice in 1630, againft Guftavus Adolphus, he had fcarce 6000 livres ayear.

1

The mother of the prefent Count was Jeanne de Königsegg, daughter of Frederick Count Konigsegg, a good man, but a bad foldier; rather flothful than peaceable, who bore, with too much refignation, the affronts which fome of his neighbours too frequently put upon him. This Count Konigsegg, who lived in the time of Leopold, when the empire was invaded on every fide, and torn to pieces by factions and civil wars, was always fickle and wavering; he never knew of what party he was, nor of what religion; it was popular to be a Proteftant, but the court were Papifts. He fpent his time in winning over his enemies, and undoing his friends, deceived by Leopold, baffled and oppreffed by Count Teckeli, and always cheated by himself. He was mortally wounded at the fiege of Belgrade, where he was fighting the cause of his enemies against the intereft of his own house, and died as he had lived, in anxiety and doubt.

Jeanne de Konigsegg, his daughter, was, on the contrary, courageous and refolute, feared by the family of Teckeli, beloved by the Proteftants, and esteemed by both. Yet she married Jofeph Count de Daun, a man more weak and irrefolute than her father. Her portion was 5000 florins, and the little city of Konigfegg. It is remarkable, that fhe turned Proteftant at the time her husband turned Catholic; but from that day fhe was as firmly attached to her new religion, as he was wavering and unfettled in his.

She took the education of her fon entirely into her own hands; and while her husband was the dupe and bubble of all parties, he was treated with univerfal deference and respect.

He was not brought up, like a nobleman of the firft rank, in that effeminate pride which enervates the body, weakens the understanding, and hardens the heart. His food was coarfe, his cloaths plain : he went always bareheaded, was fent to fchool with other boys of his age, and with them he was fuffered to ramble about the woods, and clamber up prectpices, according to the cultom of the country, and to the fpirit of the times.

He was educated at Kolin, by Mr Peter de Cadman, a native of Hanover, who went into Bohemia when young, and was admitted master of arts at St John's college in Prague.

The book which pleafed him moft was Ovid's Metamorphofes, particularly the conteft betwixt Ajax and Ulyffes about the arms of Achilles; which he was fo much enamoured with, that he acted the part of Ulyffes at the theatre, and tranflated his oration into German poetry. He took a particular delight in reading Juftin and Quintus Curtius, at whofe account of Alexander he has been obferved to fhed tears.

At the age of fourteen, he went into the German army in Flanders, then commanded by the famous Prince Eugene, under whom he learned the first rudiments of the art of war. He was a voluntier at the battle of Malplaquet; and his perfonal bravery being taken notice of by Col. Kevenhuller, of the cuiraffiers, he was honoured after the battle with a standard in the regiment of Keyfler, which he kept till the year 1717, when Prince Eugene gave a total defeat to the Turks at the battle of Pe terwaradin.

He had then ftudied the art of gunnery and fortification fix years; and there was not a village in Germany, Hungary, Bohemia, Turky in Europe, or even Muscovy itfelf, but he knew its fituation and importance.

After the battle of Peterwaradin he

was

was advanced by Prince Eugene to be a captain of dragoons, in the regiment of Palfi; and, three years after, was promoted to the rank of a lieutenant-colonel; which was his ftation when the war broke out upon the demife of Frederick Auguftus King of Poland in 1733: France efpoufed the caufe of Stani laus, whofe daughter Louis XV. had married, and was oppofed by Germany and Ruffia. The operations of the cam paign between the French and Germans began with the fiege of Philipfburg, up. on the Rhine, which the Duke of Berwick commanded in perfon.

The garrifon confifted of 10,000 men, and amongst them was the regiment commanded by Count Daun.

a

The progrefs of the fiege was but flow, notwithstanding all poffible endeavours of Marthal Berwick, who expofed his life more than might have been expected from fo cool and experienced a commander.

The governor of the place being informed by a spy, that the Marthal had been to reconnoitre the works, and that he was the next day to vifit a certain poft in order to determine a difpute between two engineers, ordered a battery in the night to be levelled exactly against the fpot where the Marshal was expected, and at the fame time committed the care of conftructing the battery, and planting the cannon, to Count Daun. About feven o'clock in the morning, the 12th of June 1734, the Marshal repaired to the poft, with his fon Lord Edward, and the Earl of Clare. The engineer, whofe name was Maldavi, had a difcretionary power to fire at the time he thought himself surest of his aim; and Count Daun ftanding near him, with a profpect-glafs in his hand, cried out in hafte, "Now is the time; I see a more than ordinary appearance." The gunner inftantly fired; and the ball ftruck Marshal Berwick in the neck, juft at the inftant he was rifing from the ground in mounting his horfe. Lord Edward was covered with the blood of his father, and the Duke de Duras was wounded by a stick out of a gabion which the bullet had broke to pieces,

The whole camp was thrown into cons fufion; and when the news reached the garrifon of Philipsburg, Daun himself regretted the death of the Marshal, whom he honoured for many virtues, not only as a foldier, but as a man.

From this time nothing was heard of Count Daun, till the war broke out on the death of the Emperor Charles VI. in 1740, when he appeared as colonel of dragoons in the Auftrian fervice.

The King of Pruffia, who had been reinforced by 23,000 men from Silefia on the 4th of May, was attacked by the Auftrian cavalry on the 6th, fo furioufly, that he was driven to Chototiz : the Auftrians purfued, fet fire to the camp, and, contrary to remonftrance, began to plunder the town; fo that the Pruffians having time to recover themfelves, the Auftrians were attacked, and driven back in their turn.

Count Daun by his fingle authority kept his own regiment from drinking to excels. The Auftrian cavalry was broke, the horfes were feized in the streets and lanes of the town, and the dragoons were taken in the cellars, where they had drank till they could fcarce stand; nor did a fingle corps retire in order, except the regiment of Daun; which was joined by numbers as it returned, and appeared fo formidable, that the Pruffians only pursued at a distance: in the mean time the infantry of both fides were engaged; and the Pruffians being fuperior in number, and having the advantage of the ground, obliged Prince Charles to retire; who gave the charge of covering the retreat to Count Daun, with what cavalry he could get toge ther, and created him major-general of the Auftrian armies on the fpot.

We learn nothing more of Count Daun till the battle of Dettingen, where he commanded fome Hungarians against the French; and nothing is faid of him in that action, except that by his order the Hungarians threw themselves on their faces the moment the enemy pre fented; a ftratagem by which they eluded the fire, and greatly annoyed the enemy.

Soon after this action he left Spire,

by

by the earnest folicitation of his lady, then big with child, and of his eldest daughter, who was going to be married to Count Feftititz. From this time he retired to his estate at Daun, where he became valetudinary for want of exercife, till the war lately broke out in Germany. His rank and operations in this war are well known, particularly his famous defeat of the King of Pruffia's victorious army on the 18th of June laft, an account of which concludes thefe memoirs, as far as they relate to Count Daun. [363.3

Memoirs of Field-Marshal James Keith. Marshal Keith was the younger fon

of William Keith, Earl Marfhal of Scotland, by Lady Mary Drummond, who was daughter to the Earl of Perth, Lord High Chancellor of Scotland in the reign of the unfortunate K.James H. He was born at Fetterreffo, in the fheriffdom of Kincardin, in the year 1696, and, with his brother the late Earl Marshal, was, after learning the Latin tongue from Mr Ruddiman, au thor of the rudiments and grammar that go by his name [54.], fent to that college of Aberdeen, which was founded by one of his great ancestors anno 1596. His tutor was Mr Robert Keith, commonly called Bishop, who wrote an hiftory of the affairs of church and state in Scotland from the deceafe of K. James V. to the death of Q. Mary. [54.]

He was nineteen years old in 1715, at the breaking out of the rebellion, in which his brother Lord Marfhal was fo deeply involved. He followed the Earl to the field; and on the day of the action at Sheriffmuir, he received a flight wound in the neck, which was first difcovered by a friend when he was going to bed; who feeing part of the shirt ftick between the lips of the wound, where the blood was congealed and grown hard, propofed to pour in fome oil to foften it; but Keith immediately pulled it away without any apparent concern or sense of pain. After the difperfion of the rebel-army he went with his brother into Spain, where he obtained a commiffion in the Irish brigades, VOL. XIX.

commanded by the Duke of Ormond. He continued in Spain ten years; and there being then no war in the fouth of Europe, he procured a recommendation to the late Czarina of Mufcovy; who received him with particular marks of diftinction, and gave him a commiffion of brigadier-general. He was foon afterwards advanced to the rank of lieutenant-general. He was in all the battles between the Turks and Mufcovites that happened during the reign of that princefs, and was the first to mount the breach at the taking of Ockzakow, where he received a wound that fhattered his knee in fuch a manner, that

he was obliged to be carried off.

When the war was ended, he was fent over to the court of England in quality of ambassador-extraordinary from the court of Ruffia. His peace had been eafily made *, as his treafon had been committed in the heat of youth, and several powers had interested themselves in his favour. And in an interview with Sir Robert Walpole, then prime minifter, he went fo far as to offer his fervice as a foldier in the British army, provided he might be allowed to enjoy the eftate and honours of his coufin the Earl of Kintore, after the death of his Lordfhip, whofe profpect of an heir was extremely uncertain. But this propofal was rejected, notwithstanding the Earl of Crawfurd affured both his Majesty and his minifters, that the strictest honour would be obferved on the part of the Ruffian ambaffador; who, when he came to court, always appeared in the Ruffian drefs, and was obliged to fpeak by an interpreter when he had ap audience of the King.

Having finifhed his embaffy, he returned to Peterburg; where he was more careffed than ever; and continued there till a war breaking out between the Ruffians and Swedes, he went into Finland as lieutenant-general. He was at the battle of Wilmanftrand, which he gained, by fetching a compass about