is come, and now drawing near to a conclufion; and yet hath any perfon heard of the leaft ftep taken towards a bill for preventing fuch unjuft imprisonment, or for better fecuring the perfonal liberty of the fubject? Are the reasons for fuch a bill now ceased? No, certainly, they are not; for, whilft we are at war, his Majefty's army and navy must be fupplied with foldiers and failors; and, till some method, more agree able to Magna Charta, more confiftent with our conftitution, fhall be found out and fixed upen for thofe purposes, we must look upon preffing as a neceffary evil: And, whilft the method of preffing men into his Majesty's fervice fhall continue, there can be no doubt but fome improper objects, fame perfons that ought not to be impreffed, will unavoidably fometimes be fo; and is it not, therefore, highly reasonable, is it not, indeed, abfolutely neceffary, that fuch perfons fhould have a speedy method of regaining their liberty? For, otherwise, who can fay his liberty is fecure? For, otherwife, may not our induftrious and reputable tradefmen and artificers (the most useful members of the commonwealth) be swept away into the fea fervice, without any pofGibility of their preventing it.

Whilft the neceffity of preffing fhall continue, there is certainly a more especial and immediate call or occafion for fuch bill; but, to speak truth plainly, I have not heard any good reasons why the Habeas Corpus fhould not be extended to all cafes of illegal imprisonment, if indeed that can be called an extention, which, I apprehend, every fubject hath already a juft right to by the common law of the land. He who firft raifed the doubt, Whether the writ of Habeas Corpus ought, or not, by the words of the act, to be extended to any other cafes than commitments and detainers for criminal or fuppofed criminal matters, can have no reason to expect the leaft regard of his fellow-fubjects; fince it is manifeftly fuch a doubt as never could have entered into the heart of one who was a well-wisher to their liberties.

That the fubject fhould have a right to that wit, and to his liberty, when legally committed on account of fome criminal matter, and yet should not be intitled to it when illegally confined for no crime or fuppofed crime at all, is fuch a contradiction to common fenfe, fuch an affront to justice and the law of the land, that I am at a lofs which to admire most, the head or the heart

of him who first begat the doubt, and du avow it.

There is certainly nothing more cl than that every subject, when deprived his liberty, hath, by the common law the land, a right to a writ of Habeas Co pus for bringing up his body, with the cau of his detainer, before the King, as adm niftering justice by his Judges; to the en that he may undergo and receive whatev the Court fhall then and there order, a cording to law; and which Lord Col thus explains: If it appeareth that his in prisonment was lawful and juft, he shall remanded; but, if it fhall appear that h was imprisoned against the law of the lang they ought, by force of the great charte to deliver him: If it be doubtful and und confideration, he may be bailed.* Confo nant to what Lord Coke fays, doth not eve ry lawyer allow, that a subject, if confine by the King himself, hath, in all cafes, ex cept treason and felony, a right in the wri of Habeas Corpus, and his liberty? And is it not therefore both absurd and ridicu lous to doubt whether the fubject hath the fame right or not, when illegally confined by one of his fellow-fubjects? To fay tha the fubject hath another kind of remedy against a fellow-fubject, and that he may bring his action for falle imprisonment, i to fay what, in many cases, would be very difficult and expenfive to be done, and in fome impoffible; as for a wife againf her husband. Befides, ought not a subject when illegally confined, to have his liberty as foon as poffible? Hath he not a right to his liberty by the writ of Habeas Corpus? And, when he hath fo gained his liberty, hath he not a right alfo to bring his action for falfe imprisonment? And why fhould the fubject be deprived of either of the rights?

Upon the whole, as there is a bill now under confideration of Parliament, for the more speedy and effe&tual manning his Majefty's navy, it seems a proper time for ma king fome provifion against preffing impro per perfons, and for the speedy releasement of fuch as may be fo impreffed, or otherways illegally confined: And it is to be hoped fuch care will be taken therein, that we may not, by exerting our utmost efforts against our enemies, inflave ourselves. It is to be hoped we shall always have in remembrance, that no victories, we can poffibly gain abroad, will compenfate for the lofs of our liberties at home.

I am, yours, &c. T

O magazine was found at Cracow, by the corps of Pruffian troops fent into that untry: But Major Panwitz, of the huffars, ad the good fortune to intercept Capt. Verden, Aid de Camp of General Fermor's, at about e distance of one mile from that town, who a on his road from Vienna to Petersburg, and faid to have been charged with dispatches of ry great importance. Capt. Verden, having notice of the Pruffians being in those parts, en he met with the huffars, believed them to Auftrians, and had not time even to attempt destroy any of his papers: He was brought to is place laft Friday. General Woperfnow, th the corps under his command, is returned Liffa, upon the frontier of Poland, and is exted here very foon. The Pruffian troops obved the ftricteft difcipline during their ftay in land, and paid exactly and largely for everying they had. Things remain quiet in this ighbourhood.

Hamburg, March 20. Five battalions of Prufn infantry, with fome huffars and dragoons, peared before Schwerin on the 15th inftant. hey immediately required General Žulow, who mmands the Duke of Mecklenburg's troops tre, amounting to about 2000 men, to delir both the town and garrison into their hands: he General indeed refused to comply with these mands; but, the town not being in any state defence, he retired, with the force he had, on the Caninchen-Werder, a fmall island fiated in the lake of Schwerin, where redoubts ve been lately raised, and artillery fent, for e defence of the place. The ifland is howefo violently cannonaded and bombarded by e Pruffians, that in all probability General Zuw will not be able to maintain himself there sch longer. The Duke of Mecklenburg is Il here, his Serene Highness putting off his noval to Altena from day to day.

Munfter, March 22. This morning Prince rdinand of Brunfwic, attended only by his retary and two Aids de Camp, left this ce, and went out by the gate St. Egide, which de towards Ham; but where his Serene Highmay have directed his route is not known.

Extract of a Letter from Capt. Elliot, of his Majefty's Ship the Eolus, to Mr. Clevland, dated Plymouth Sound, March 26, 1759. Pleafe to acquaint the right honourable my rd Commiffioners of the Admiralty, that I ared here this day with his Majefty's fhip under command, and La Mignone, a French frie of 20 guns and 143 men, commanded by evalier de Turfanville. I took her on the th instant, after an action of 12 or 15 mites. Her Captain and 30 men were killed, fecond Captain's thigh fhot off, and about wounded. That evening, about four o'clock, company with his Majefty's fhip Ifis, we got 3

fight of four frigates and 30 fail of coafting veffels, clofe under the ifle de. D.eu: three of the frigates flood off to us, in order to protect their convoy Captain Wheeler ftood for the leewardmoft, as the appeared to be the Commodore, and to prevent, if poffible, any of the reft getting in with the land (for it was a lee shore ;) but Le Sauvage, of 32 guns, the fhip Captain Wheeler ftood for, made off before he could get near her; La Bionde, of 32 guns, came clofe along-fide his Majefty's fhip under my command, each under our top fails. When we had exchanged a few broadfides, I fell a little a-ftern for want of a brace or bouline to fill the main-top-fail with: The feized that opportunity to make all the fail the could: as the Eolus had received no other damage to prevent her failing as well as ever, and the enemy had a good deal, I should have been up with her again in a few minutes, had not the Mignone come along fide of me, which favoured her escape. On board his Majefty's fhip under my command were two men wounded. The Ifis followed the Blonde fo clofe, that it was with great difficulty fhe got into the road of Bafque, after exchanging chace guns for fome time.

Admiralty-Office, April 3. His Majesty's ships Southampton and Melampe, commanded by the Captains Gilchrift and Hotham, on the 28th paft, came up with the French frigate of war the Danae, of 40 guns and 330 men, which, after a brisk engagement, was taken, having between 30 and 40 men killed, and a great number wounded. The Southampton had one man killed and eight wounded: amongst the latter was Captain Gilchrift, who, being shot through the right fhoulder with a pound ball, has been put afhore at Yarmouth. The Melampe had eight men killed and 20 wounded. April 7.

The Scheme of the Lottery for 1759.

N° of prizes.

Value of each.

Total

value.

April ro. Rome, March 10. The Pope has caused an indulto to be published, by which he grants a general pardon to all the apoftated clergy that fhall return to their respective orders; to encou rage which, he grants them liberty to change their orders into fuch others as they like beft. The Court of Vienna has requested the Pope's confent for appropriating two thirds of the confiderable revenues of the vacant archbishopric of Strigonia, in favour of the Infant Peter Leopold; but the Pope has appointed a particular Congregation to confider that request.

Rome, March 17. This Government, to avoid entering into a difpute with the powers at war, has ordered the cargo of pilchards, on board an English merchant fhip, called the Poftilion, of London, Richard Plimmer, Mafter, taken by a French privateer near the port of Naples, and conducted to Civita Vecchia, to be landed there, and fold to the beft advantage; and to keep the produce of it in depofit, till the Court of Naples decides the legality or illegality of the capture.

Florence, March 24. On the 19th inftant an English merchant fhip, called the Bethia, which, on the 9th of laft month, was taken by a French privateer within the jurifdiction of the port of Leghorn, was, by order of the Regency, reftored to its owners. Laft week his Britannic Majesty's fhip the Glasgow anchored at Leghorn from a cruife, in order to careen.

Breflaw, March 18. General Woperfnow is returned from his expedition; and, it is faid, he found at Pofen a magazine of flour, fufficient for the fubfiftance of 50,000 men for three months, which he deftroyed, it being impoffible to carry it off for want of horses. The moft exact difcipline was obferved whilst the Pruffian troops were in the territory of Poland: Upon Prince Solkofffki's eftate they had free quarter, but no plundering was permitted; and the Prince himfelf was the only person of his family that was fent to Glogau.

Hamburg, March 30. General Kleift raised the blockade of the island of Caninchen-Werder, and evacuated Schwerin on the 25th inftant, it appearing that the reduction of that ifland would coft fome time, and a confiderable number of men. The Pruffians now direct their march towards Swedish Pomerania, and were by the lateft advices at Guftrow.

Fulde, April 1. The troops under the comImand of Prince Ferdinand came upon the enemy's flank upon their march hither; which was executed through roads that no troops had ever paffed before. Yefterday the Hereditary Prince of Brunfwic, at the head of two fquadrons of Pruffian huffars, attacked, above Molrichstadt, the regiment of Hohenzollern cuiraffiers, and broke them intirely: A great number of them was left upon the spot, but no more than fiftyfive were made prifoners of war, the remainder having fled to the mountains. A battalion of Wurtzburgers, which was abandoned by the cavalry, became a facrifice to the huffars, who took a hundred and thirty of them, and cut the reft to pieces.

Four Heffian huffars have brought, to Pr Ferdinand's head-quarters here, two very ftandards, which they took, in the neighbour! of Tann, from the regiment of Savoye, w is faid to have suffered conficerably.

Lord Chamberlain's Office, April 10, 175

Orders for the Court to change the mourn on Sunday the 22d inftant, for her late Re Highness the Princess Dowager of Orange, vi

The Ladies to wear black filk, fringed plain linen, white gloves, black and white the fans, and tippets, white necklaces and earin no diamonds:

Undrefs; white or grey lufirings, tabbies,

damasks.

Fulde, April 5. On the aft inftant, the H reditary Prince of Brunfwic marched to M nungen with two battalions of grenadiers, a fome light troops; and took poffeffion of th place, where he found a confiderable magazine two battalians of the Elector of Cologn's troo were, upon that occafion, made prifoners of wa His Serene Highness reached Wafungen the fam day, where the battalion of Nagel, that garr foned the place, was likewife made prifoner Count d'Arberg, who had affembled fome Au trian grenadiers, with the regiment of Hildburg haufen, was coming to the relief of Wafungen but, though that affair was decided, there paffe however a brisk fire between the two partie which lafted fome time. After which M. d'A berg's troops were obliged to retire with so muc precipitation, that his Highness's cavalry, wh were detached in pursuit of them, had not bee able to come up with them.

His Highness loft only 35 men; but it is im gined, the lofs on the enemy's fide must b very confiderable. M. d'Arberg thought pro per, by the advantage of the night, to marc to Schmalcalden, from whence he is retiring b Sula.

By advices received here yefterday we learn that the Auftrians had been driven back, a pursued beyond Sula and Schleufingen, and ar retiring in great diforder to Bamberg. The Princ is expected in this neighbourhood by the 7th.

On the 2d inftant the Duke of Holftein dif lodged the French from Freyenfteinau, an made, upon that occafion, one Captain, en Lieutenant, and fifty-fix men prifoners of war.

By letters received on the 30th paft from Drei den, it appears, that on the 26th General Kne block had taken poffeffion of Saalfeldt, after very brifk cannonade; and that the Auftrian were retiring towards Culmbach: And that a the 28th Genera! Lindftadt had driven a body Auftrians from Hoff, and had pursued them far as Birck, in their retreat to Culmbach.

Breflaw, March 30. The quarters of can tonment of the army, commanded by his Pru fian Majefty, occupied a spaceof some miles, tween Lignitz and Schweidnitz. The Auftria

Genera

General Beck, who commands a corps of troops in the Higher Lufatia, a few days ago, attacked the poft of Greiffenberg, upon the frontier of Silefia, in which there was one Pruffian battahon, but Colonel Duringfheven, who commanded, having fome hours notice before the attack, bad time to fend off his baggage, &c. and expecting to have been fuccoured from Lowenberg, occupied a rifing ground which he thought he could maintain till he fhould be relieved; but the great fuperiority of Beck's corps (faid to be upwards of four thousand men) made it impoffible for the fuccours to join him; fo, after a brave defence, was obliged to furrender. There are no particulars of the killed and wounded on either fide.

April 17.

Copenhagen, April 3. Letters received here from Tranquebar, on the coaft of Coromandel, dated the 23d of June, 1758, fay, that a fleet of 11 French men of war came on that coaft the 27th of April: That the next day the English feet under Admiral Pocock paffed by that fort, on fight of which the French squadron weighed anchor, and put to fea: That the English purfued them, and in the afternoon a very brisk engagement began; in which, it was faid, the French had loft goo men, and the English two Chips, and a great many men, and that after the action a French fhip of 74 guns run aground: That the French and all their militia, under the tommand of Lieutenant-general Lally, marched to Fort St. David's and Gondelour: That the atter was taken by capitulation, and Fort St. David's was likewife obliged to furrender after a fevere bombardment; and that thereupon the French were making all neceffary preparations for attacking Madrafs, after they had made themfelves mafters of Tanjour, or that their demands there should have been complied with. Subfequent letters, dated likewife from Tranquebar, of August 27, farther fay, that the French marched the 25th of June to Tanjour, where they arrived the beginning of Auguft, and nade an attempt upon that place, in which, to heir great furprize, they were not able to fuceed, thofe in Tanjour having carried on a negoation with them for fome time, and taken heir measures so well, that the French found hemselves in great diftrefs for want of subsistnce, and were attacked furiously on all fides; nd though they had made a breach fufficient for 5 men to enter a-breaft, yet they were obliged, want of provifions and ammunition, to deamp, and abandon Tanjour the 18th of Auguft, aving behind them five large pieces of cannon. heir lofs in men however was not very confideible. That during the fiege of Tanjour both e French and English fleets were cruifing off le coaft of Coromandel, and were alternately in e road of Carical, till the 3d of August, when ley came to an engagement, which lasted two ours, and was very brifk. That the lofs of the rench therein was very great, and they found emfelves obliged to retire to Pondicherry, where ey remained. That the English were come to irical, where they had taken two or three ench barks, which were going by. And that,

on the 20th of Auguft, General Lally returned with his army to Carical, and on the 23d marched by Tranquebar, in his way to Pondicherry. Admiralty-Office, April 16. On the 3d inftant, his Majefty's fhips the Deptford and Brilliant, fell in with a privateer fnow belonging to Dunkirk, which the Brilliant took; fhe is called the Marquis de Barail, commanded by Godefroy Bachelier, mounted 14 guns, with 104 men, and is carried into Kinfale.

Captain Duff, of his Majefty's fhip Rochester, gives an account, that on the 8th inftant in the morning he gave chace to a cutter, and in the afternon fhe got within fome fands where the Rochefter could not follow her, but the Grace cutter, affifted by the Rochester's boats, took her; fhe is called the Carilloneur, belonging to Dunkirk, carried eight guns, and 60 men. Captain Duff has fent her to the Downs.

April 21.

Copy of a Letter from the Honourable Captain Barrington, of his Majefty's Ship, Achilles, of 60 Guns, to Mr. Clevland, dated at Falmouth, April 16, 1759.

I have the pleasure to acquaint you of my arrival here, with the Count de St. Florentin of 60 guns, and 403 men from Cape Francois bound for Rochefort, commanded by the Sieur de Montay, whom I took on the 4th instant in latitude. 44. 15. fixty leagues to the weft-ward of Cape Finifter, after a clofe engagement of two hours, in which I was fo fortunate as only to have two men killed and 23 wounded, with my mafts fails and rigging, much cut and damaged.

The lofs on the enemies fide was very confiderable, having all his masts shot away, with 116 men killed and wounded, amongst the latter the Captain with a mufquet ball through his body, of which he died two days after.

I have fent exprefs to Sir Charles Hardy, defiring he would fend me jury-mafts for the prize; and when she is fitted, will take the first opportunity of carrying her into Plymouth.

I must beg you will acquaint their Lordships of the very gallant behaviour of my Officers and people upon this occafion.

P. S. Three of my wounded are fince dead, as likewife a great number of the enemy's. St. James's April 17.

This day Meff. Boreel, Vandepol, and Meerman, Minifters from the States-general of the United Provinces, had a private audience of his Majesty.

To which they were introduced by the Right Honourable the Earl of Holderneffe, one of his Majefty's principal Secretaries of state;

And conducted by Sir Charles Cottrell Dormer, Knt. Mafter of the Ceremonies, April 24.

Castle of Schweinhaus, near the Head Quarters of Bolckenhayn, April 4.

On the 31ft paft, the King of Pruffia, upon the enemy's having moved towards Landshut, gave orders to march the next morning, and fixed the head quarters at Bolckenhayn, a small town in the mountains near Landshut; and the cavalry advanced the fame day, and occupied the quarters his Majesty had left, On the 2d of April,

É e

the

the King of Pruffia detached fome battalions to occupy the ftrong pafs of Wartha in the dutchy of Munsterberg, which they took poffeffion of the next day, and every thing remained quiet upon the frontier. It was faid, that the Auftrian army would affemble at Munchengratz in the circle of Buntzlau.

Head Quarters of Prince Ferdinand at Winde

ken, April 14.

The troops of the allied army that were employed against that of the empire, returned on the 7th instant into the neighbourhood of Fulde. On the roth inftant Prince Ferdinand marched by Freyenfteinau and Budingen to Windeken, where he arrived the 12th. On the 13th his Serene Highness marched to Bergen, a village fituated between Francfort and Hanau, where the French occupied a very strong poft, which it was neceffary to get poffeffion of, in order to come at the enemy's line. The army arrived at nine in the morning, oppofite that of the enemy, and the grenadiers of the advanced guard immediately began the attack upon Bergen with great intrepidity, and received a very brisk fire, which the enemy had prepared for them; and though they were fupported by a reinforcement of several battalions under Prince Ifemburg's command, they could not however carry their point fo far as to diflodge the enemy intirely from the village, but were forced to retreat in fome diforder; yet rallied again upon being fupported by the Heffian horfe. The reft of the day paffed in a cannonade on both fides, without any ground being gained on either. His Serene Highness not have ing been able to fucceed in forcing the enemy in their poft, returned to Windeken, after having given orders for burying the dead, and carrying off the wounded. The lofs on the fide of the allied army is not particularly known, but it is fuppofed, it does not exceed that of rooo men. Five pieces of cannon were loft, having been left behind in the village, Prince Ifemburg is among the flain; and the Generals Gilfoe, and Count Schulemburg among the wounded.

Berlin, April 14. The fort of Peenamunde, in Pomerania, furrendered between the roth and 11th of this month, to General Manteuffel, who commanded the army in the abfence of Count Dohna, and there were taken prisoners of war,

190 Soldiers.

who were to be fharers with his wife; for which purpofe he procured a quantity of arfenic, and about a fortnight ago poifoned three of Mr. Hewer's children. The diforder into which the poifon threw them was fuppofed to be a fever and fore-throat, and they were treated accordingly; and one of the three (a young man about 21 years of age) was left in the evening, by the phyfician who attended them, in a fair way to recover, but the next morning was found dead. [Haines has fince confeffed, that during that night he three times put arfenic into the whey which the young man drank.] Laft Monday Haines carried home from Cirencefter market three apple cakes for the other children, into which he likewife put a large quantity of arfenic. The children, after eating the cakes, were fuddenly taken ill; and one of them is expected to die, but the other two are likely to recover, The virulence of the poifon difeovering itself im mediately after the children's taking it, gave suspicion to the rest of the family; and Haines was apprehended, as was his father for buying the arfenic; but the old man fays he bought it at the request of his fon, to kill fome rats: However, they were both committed to Cirencester bridewell, and were to be removed to our caftle to-morrow, in order to take their trials at the affizes to be held here next week; but we are juft informed, that laft Saturday night the fon found means to escape from bridewell.

Laft Saturday the embargo upon all ships and veffels in the ports of Ireland was ordered to be taken off.

The Bank of England hath given notice, that they will for the future iffue out Bank notes and Bank poft bills for 10l. and 151. each.

Yesterday the following Gentlemen were chofen Directors of the India Company for the year enfuing:

William Barwell, *Chriftopher Baron, *Fitz-W. Barrington, Henry-Crabb Boulton, *Jacob Bofanquet, John Boyd, John Browne, Charles Cutts, George Dudley, *Richard Gildart,

John Harrison, *Samuel Harrison, Frederick Pigou, Giles Rooke, John Raymond, George Steevens, *Richard Seward, *Richard Smith, *William Thornton,

*Thomas Waters,

and

*Bouchier Walton, Efquires.

N. B. Those marked thus are new ones.

Some hundred penfioners were draughted off from Greenwich hofpital laft week, to ferve on board the guard-fhips; they are to have their ufual pay in the fame ftation they were in when formerly in fervice.

We hear, that, for the better prefervation of the roads of this kingdom, every broad-whee waggon, with its loading, will be limited to fiv tons weight.

That all waggons are to be weighed for tha purpose, with engines as heretofore; and tha every waggon, that weighs above five tons with its leading as above-mentioned, will be fubject t

pay