{WILLIAM AND MARY, 1688—1701.}



ACCOUNT OF THE PLACE AND TRIENNIAL PARLIAMENT BILLS.

The old whig principle was not yet wholly expelled from the lower house. The undue influence of the court was exerted in such an open scandalous manner, as gave offence to the majority of the commons. In the midst of all their condescension, sir Edward Hussey, member for Lincoln, brought in a bill touching free and impartial proceedings in parliament. It was intended to disable all members of parliament from enjoying places of trust and profit, and particularly levelled against the officers of the army and navy, who had insinuated themselves into the house in such numbers, that this was commonly called the officers' parliament. The bill passed the house of commons, and was sent up to the lords, by whom it was read a second time and committed; but the ministry employing their whole strength against it, on the report it was thrown out by a majority of two voices. The earl of Mulgrave again distinguished himself by his elocution, in a speech that was held in great veneration by the people; and, among those who entered a protest in the journals of the house when the majority rejected the bill, was prince George of Denmark, duke of Cumberland. The court had not collected themselves from the consternation produced by such a vigorous opposition, when the earl of Shrewsbury produced another bill for triennial parliaments, providing that there should be an annual session; that if, at the expiration of three years, the crown should not order the writs to be issued, the lord chancellor, or keeper, or commissioner of the great seal, should issue them ex officio, and by authority of this act, under severe penalties. The immediate object of this bill was the dissolution of the present parliament, which had already sat three sessions, and began to be formidable to the people from its concessions to the ministry. The benefits that would accrue to the constitution from the establishment of triennial parliaments were very well understood, as these points had been frequently discussed in former reigns. The courtiers now objected, that frequent elections would render the free-holders proud and insolent, encourage faction among the electors, and entail a continual expense upon the member, as he would find himself obliged, during the whole time of the sitting, to behave like a candidate, conscious how soon the time of election would revolve. In spite of the ministerial interest in the upper house, the bill passed, and contained a proviso that the present parliament should not continue any longer than the month of January next ensuing. The court renewed its efforts against it in the house of commons, where nevertheless it was carried, with some alterations which the lords approved. But all these endeavours were frustrated by the prerogative of the king, who, by refusing his assent, prevented its being enacted into a law.

It was at the instigation of the ministry that the commons brought in a bill for continuing and explaining certain temporary laws then expiring or expired. Among these was an act for restraining the liberty of the press, which owed its original to the reign of Charles II., and had been revived in the first year of the succeeding reign. The bill passed the lower house without difficulty, but met with warm opposition in the house of lords; a good number of whom protested against it, as a law that subjected all learning and true information to the arbitrary will of a mercenary, and perhaps ignorant licenser, destroyed the properties of authors, and extended the evil of monopolies. The bill for regulating trials was dropped, and, in lieu of it, another produced for the preservation of their majesties' sacred persons and government; but this too was rejected by the majority in consequence of the ministry's secret management. The East India company narrowly escaped dissolution. Petitions and counter-petitions were delivered into the house of commons; the pretensions on both sides were carefully examined; a committee of the whole house resolved, that there should be a new subscription of a joint stock, not exceeding two millions five hundred thousand pounds, to continue for one-and-twenty years. The report was made and received, and the public expected to see the affair brought to a speedy issue; but the company had recourse to the same expedients which had lately proved so successful in the hands of the ministry. Those who had been the most warm in detecting their abuses suddenly cooled; and the prosecution of the affair began to languish. Not but that the house presented an address to his majesty, praying that he would dissolve the company upon three years' warning, according to the condition of their charter. He told them he would consider their address, and they did not further urge their remonstrance. The bill for ascertaining the commissions and salaries of the judges, to which the king had refused the royal assent in the last session, was revived, twice read, and rejected; and another for preventing the exportation and melting of the coin, they suffered to lie neglected on the table. On the fourteenth day of March the king put an end to the session, after having thanked the parliament for so great testimonies of their affection, and promised the supplies should not be misapplied. He observed that the posture of affairs called him abroad, but that he would leave a sufficient number of troops for the security of the kingdom; he assured them he would expose his person upon all occasions for the advantage of these kingdoms; and use his utmost endeavours to make them a flourishing nation. [046] [See note I, at the end of this Vol.]



TRIAL OF LORD MOHUN—ALTERATIONS IN THE MINISTRY.

During the course of this session, lord Mohun was indicted and tried by the peers in Westminster-hall, as an accomplice in the murder of one Montford a celebrated comedian, the marquis of Carmarthen acting as lord-steward upon this occasion. The judges having been consulted, the peers proceeded to give their judgments seriatim, and Mohun was acquitted by a great majority. The king, who from his first accession to the throne had endeavoured to trim the balance between the whigs and tories, by mingling them together in his ministry, made some alterations at this period that savoured of the same policy. The great seal, with the title of lord keeper, was bestowed upon sir John Somers, who was well skilled in the law, and in many other branches of polite and useful literature. He possessed a remarkable talent for business, in which he exerted great patience and assiduity; was gentle, candid, and equitable; a whig in principles, yet moderate, pacific, and conciliating. Of the same temper was sir John Trenchard, now appointed secretary of state. He had been concerned with the duke of Monmouth, and escaped to the continent, where he lived some years; was calm, sedate, well acquainted with foreign affairs, and considered as a leading man in his party. These two are said to have been promoted at the recommendation of the earl of Sunderland, who had by this time insinuated himself into the king's favour and confidence; though his success confirmed the opinion which many entertained of his having betrayed his old master. The leaders of the opposition were sir Edward Seymour, again become a malcontent, and sir Christopher Mus-grave, a gentleman of Cumberland, who though an extravagant tory from principle, had refused to concur with all the designs of the late king. He was a person of a grave and regular deportment, who had rejected many offers of the ministry, which he opposed with great violence; yet on some critical occasions his patriotism gave way to his avarice, and he yielded up some important points in consideration of large sums which he received from the court in secret. Others declared war against the administration, because they thought their own talents were not sufficiently considered. Of these the chief were Paul Foley and Robert Harley. The first was a lawyer of good capacity, extensive learning, and virtuous principles; but peevish, obstinate, and morose. He entertained a very despicable opinion of the court; and this he propagated with equal assiduity and success. Harley possessed a good fund of learning; was capable of uncommon application, particularly turned to politics. He knew the forms of parliament, had a peculiar dexterity at protracting and perplexing debates; and cherished the most aspiring ambition. Admiral Russel was created treasurer of the household; but the command of the fleet was vested in the hands of Killigrew, Delavai, and Shovel. Sir George Rooke was declared vice-admiral of the red, and John lord Berkeley of the blue division; their rear-admirals were Matthew Aylmer and David Mitchel.



THE KING ASSEMBLES THE CONFEDERATE ARMY IN FLANDERS.

The king having visited the fleet and fortifications at Portsmouth, given instructions for annoying the enemy by sea, and left the administration in the hands of the queen, embarked on the last day of March, near Gravesend, and arrived in Holland on the third of April. The troops of the confederates were forthwith ordered to assemble: but while he was employed in making preparations for the campaign, the French king actually took the field, attended by madame de Maintenon, and all the court ladies. His design was supposed to be upon some town in Brabant: his army amounted to one hundred and twenty thousand men, completely armed, and abundantly supplied with all necessaries for every sort of military operation. King William immediately took possession of the strong camp at Parke near Lou-vain, a situation which enabled him to cover the places that were most exposed. Understanding that the French emissaries had sown the seeds of dissension between the bishop and chapter of Liege, he sent the duke of Wirtemberg thither, to reconcile the different parties, and concert measures for the further security of the place. He reinforced the garrison with nine battalions; and the elector palatine lay with his troops in readiness to march to its relief. William likewise threw reinforcements into Maestricht, Huy, and Char-leroy; and he himself resolved to remain on the defensive, at the head of sixty thousand men, with a numerous train of artillery.



THE FRENCH REDUCE HUY.

Louis having reviewed his army at Gemblours, and seen his designs upon Brabant defeated by the diligence of his antagonist, detached Boufflers with twenty thousand men to the Upper Rhine to join the dauphin, who commanded in that quarter; then leaving the conduct of his forces in the Netherlands to the duke de Luxembourg, he returned with his court to Versailles. Immediately after his departure, Luxembourg fixed his head-quarters at Mildert; and king William strengthened his camp on that side with ten battalions and eight-and-twenty pieces of cannon. The enemy's convoys were frequently surprised by detachments from the garrison of Charleroy; and a large body of horse, foot, and dragoons, being drafted out of Liege and Maestricht, took post at Huy, under the command of the count de Tilly, so as to straiten the French in their quarters. These however were dislodged by Luxembourg in person, who obliged the count to pass the Jaar with precipitation, leaving behind three squadrons and all his baggage, which fell into the hands of the enemy. This check however was balanced by the success of the duke of Wirtemberg, who, at the head of thirteen battalions of infantry and twenty squadrons of horse, forced the French lines between the Scheldt and the Lys, and laid the whole country as far as Lisle under contribution. On that very day, which was the eighteenth of July, Luxembourg marched towards Huy, which was next morning invested by M. de Villeroy. The other covered the siege, and secured himself from the allies by lines of contravallation. Before their batteries began to play, the town capitulated. On the twenty-third day of the month the garrison mutined, the castles were surrendered, the governor remained a prisoner, and his men were conducted to Liege. The confederate army advanced in order to relieve the town; but the king being apprised of its fate, detached ten battalions to reinforce the garrison of Liege, and next day returned to Neer-Hespen.



THE DUKE OF LUXEMBOURG RESOLVES TO ATTACK THE ALLIES.

Luxembourg made a motion towards Liege as if he had intended to besiege the place; and encamped at Hellecheim, about seven leagues from the confederates. Knowing how much they were weakened by the different detachments which had been made from their army, he resolved to attack them in their camp, or at least fall upon their rear should they retreat at his approach. On the twenty-eighth day of July he began his march in four columns, and passed the Jaar near its source, with an army superior to the allies by five-and-thirty thousand men. The king of England at first looked upon this motion as a feint to cover the design upon Liege; but receiving intelligence that their whole army was in full march to attack him in his camp, he resolved to keep his ground, and immediately drew up his forces in order of battle. His general officers advised him to repass the Geete; but he chose to risk a battle, rather than expose the rear of his army in repassing that river. His right wing extended as far as Neer-Winden, along the Geete, covered with hedges, hollow ways, and a small rivulet; the left reached to Neer-Landen; and these two villages were joined by a slight intrenchment which the king ordered to be thrown up in the evening. Brigadier Ramsay, with the regiments of O'Farrel, Mackay, Lauder, Leven and Monroe, were ordered to the right of the whole army, to line some hedges and hollow ways on the farther side of the village of Lare. Six battalions of Brandenburgh were posted to the left of this village; and general Dumont, with the Hanoverian infantry, possessed the village of Neer-Winden, which covered part of the camp, between the main body and the right wing of the cavalry. Neer-Landen, on the left, was secured by six battalions of English, Danes, and Dutch. The remaining infantry was drawn up in one line behind the intrenchment. The dragoons upon the left guarded the village of Donnai upon the brook of Beck, and from thence the left wing of horse extended to Neer-Landen, where it was covered by this rivulet.

The king having visited all the posts on horseback, and given the necessary orders, reposed himself about two hours in his coach; and early in the morning sent for his chaplain, whom he joined in prayer with great devotion. At sun-rising the enemy appeared drawn up in order of battle; and the allies began to play their cannon with good success. About eight in the morning they attacked the villages of Lare and Neer-Winden with great fury; and twice made themselves masters of these posts, from whence they were as often repulsed.

The allies still kept their ground; and the duke of Berwick was taken by his uncle brigadier Churchill. Then the French made an attack upon the left wing of the confederates at Neer-Landen; and after a very obstinate dispute, were obliged to give way, though they still kept possession of the avenues. The prince of Conti, however, renewed the charge with the flower of the French infantry; and the confederates being overpowered, retreated from the village, leaving the camp in that part exposed. Villeroy marching this way with a body of horse, was encountered and repulsed by the count D'Arco, general of the Bavarian cuirassiers; and the duke de Chartres narrowly escaped being taken. Meanwhile Luxembourg, the prince of Conti, the count de Marsin, and the marshal de Joyeuse, charged on the right, and in different parts of the line with such impetuosity as surmounted all resistance. The camp of the confederates was immediately filled with French troops: the villages of Lare and Neer-Winden were taken after a long and desperate dispute. The Hanoverian and Dutch horse being broken, the king in person brought the English cavalry to their assistance. They fought with great gallantry; and for some time retarded the fate of the day. The infantry were rallied, and stood firm until all their ammunition was expended. In a word, they were scarce able to sustain the weight of such a superiority in point of number, when the marquis D'Harcourt joined the enemy from Huy, with two-and-twenty fresh squadrons, which immediately turned the scale in their favour. The elector of Bavaria, after having made extraordinary efforts, retreated with great difficulty over the bridge to the other side of the river, where he rallied the troops in order to favour the retreat of those who had not passed. The king seeing the battle lost, and the whole army in confusion, retired with the infantry to Dormul on the brook of Beck, where the dragoons of the left wing were posted, and then ordered the regiments of Wyndham, Lumley, and Calway, to cover his retreat over the bridge at Neer-Hespen, which he effected with great difficulty. Now all was tumult, rout, and consternation; and a great number of the fugitives threw themselves into the river, where they were drowned. This had like to have been the fate of the brave earl of Athlone; the duke of Ormond was wounded in several places, and taken prisoner by the enemy; and the count de Solmes was mortally wounded. Ptolemache brought off the greater part of the English infantry with great gallantry and conduct; as for the baggage, it had been sent to Liege before the engagement; but the confederates lost sixty pieces of cannon, and nine mortars, a great number of standards and colours,* with about seven thousand men killed and wounded in the action. It must be owned that the allies fought with great valour and perseverance; and that king William made prodigious efforts of courage and activity to retrieve the fortune of the day. He was present in all parts of the battle; he charged in person both on horseback and on foot, where the danger was most imminent. His peruke, the sleeve of his coat, and the knot of his scarf, were penetrated by three different musket bullets; and he saw a great number of soldiers fall on every side of him. The enemy bore witness to his extraordinary valour. The prince of Conti, in a letter to his princess which was intercepted, declared that he saw the prince of Orange exposing himself to the greatest dangers; and that such valour richly deserved the peaceable possession of the crown he wore. Yet here, as in every other battle he fought, his conduct and disposition were severely censured. Luxembourg having observed the nature of his situation immediately before the engagement, is said to have exclaimed, "Now I believe Waldeck is really dead;" alluding to that general's known sagacity in choosing ground for an encampment. Be that as it will, he paid dear for his victory. His loss in officers and men exceeded that of the allies; and he reaped no solid advantage from the battle. He remained fifteen days inactive at Waren, while king William recalled the duke of Wirtemberg, and drafting troops from Liege and other garrisons, was in a few days able to hazard another engagement.

* The duke of Luxembourg sent such a number of standards and ensigns to Paris during the course of this war, that the prince of Conti called him the Upholsterer of Notre Dame, a church in which those trophies were displayed.



CHARLEBOY TAKEN BY THE ENEMY.

Nothing remarkable happened during the remaining part of the Campaign, until Luxembourg, being rejoined by Boufflers with a strong reinforcement from the Rhine, invested Charleroy. He had taken his measures with such caution and dexterity, that the allies could not frustrate his operations, without attacking his lines at a great disadvantage. The king detached the elector of Bavaria and the duke of Wirtemberg, with thirty battalions and forty squadrons, to make a diversion in Flanders; but they returned in a few days without having attempted any thing of consequence. The garrison of Charleroy defended the place with surprising valour, from the tenth of September to the eleventh of October, during which period they had repulsed the assailants in several attacks; but at length despairing of relief, the governor capitulated on the most honourable conditions: the reduction of the place was celebrated with a Te Deum, and other rejoicings at Paris. Louis however, in the midst of all his glory, was extremely mortified when he reflected what little advantage he had reaped from all his late victories. The allies had been defeated successively at Fleurus, Steenkirk, and Landen; yet in a fortnight after each of those battles William was always in a condition to risk another engagement. Formerly Louis had conquered half of Holland, Flanders, and Franche-Comte, without a battle; whereas, now he could not with his utmost efforts, and after the most signal victories, pass the frontiers of the United Provinces. The conquest of Charleroy concluded the campaign in the Netherlands, and both armies went into winter-quarters.



CAMPAIGN ON THE RHINE.

The French army on the Rhine, under De Lorges, passed that river in the month of May at Philipsburgh, and invested the city of Heidelberg, which they took, plundered, and reduced to ashes. This general committed numberless barbarities in the Palatinate, which he ravaged without even sparing the tombs of the dead. The French soldiers on this occasion seem to have been actuated by the most brutal inhumanity. They butchered the inhabitants, violated the women, plundered the houses, rifled the churches, and murdered the priests at the altar. They broke open the electoral vault, and scattered the ashes of that illustrious family about the streets. They set fire to different quarters of the city; they stripped about fifteen thousand of the inhabitants, without distinction of age or sex, and drove them naked into the castle, that the garrison might be the sooner induced to capitulate. There they remained like cattle in the open air, without food or covering, tortured between the horrors of their fete and the terrors of a bombardment. When they were set at liberty, in consequence of the fort's being surrendered, a great number of them died along the banks of the Neckar, from cold, hunger, anguish, and despair. These enormous cruelties, which would have disgraced the arms of a Tartarian freebooter, were acted by the express command of Louis XIV. of France, who has been celebrated by so many venal pens, not only as the greatest monarch, but also as the most polished prince of Christendom. De Lorges advanced towards the Neckar against the prince of Baden, who lay encamped on the other side of the river; but in attempting to pass, he was twice repulsed with considerable damage. The dauphin joining the army, which now amounted to seventy thousand men, crossed without opposition; but found the Germans so advantageously posted, that he would not hazard an attack; having therefore repassed the river, he secured Stutgard with a garrison, sent detachments into Flanders and Piedmont, and returned in August to Versailles. In Piedmont the allies were still more unfortunate. The duke of Savoy and his confederates seemed bent upon driving the French from Casal and Pignerol. The first of these places was blocked up, and the other actually invested. The fort of St. Bridget that covered the place was taken, and the town bombarded. Meanwhile Catinat being reinforced, descended into the plains. The duke was so apprehensive of Turin that he abandoned the siege of Pignerol, after having blown up the fort, and marched in quest of the enemy to the plain of Mar-saglia, in the neighbourhood of his capital. On the fourth day of October, the French advanced upon them from the hills between Orbasson and Prosasque, and a desperate engagement ensued. The enemy charged the left wing of the confederates sword in hand with incredible fury; though they were once repulsed, they renewed the attack with such impetuosity that the Neapolitan and Milanese horse were obliged to give way, and disordered the German cavalry. These falling upon the foot, threw the whole wing into confusion. Meanwhile the main body and the other wing sustained the charge without flinching, until they were exposed in flank by the defeat of the cavalry; then the whole front gave way. In vain the second line was brought up to sustain them; the horse turned their backs, and the infantry was totally routed. In a word, the confederates were obliged to retire with precipitation, leaving their cannon and about eight thousand men killed or wounded on the field of battle. The duke of Schomberg having been denied the post which was his due, insisted upon fighting at the head of the troops maintained by the king of Great Britain, who were posted in the centre, and behaved with great gallantry under the eye of their commander. When the left wing was defeated, the count de los Torres desired he would take upon him the command, and retreat with the infantry and right wing; but he refused to act without the order of his highness, and said things were come to such a pass that they must either conquer or die. He continued to animate his men with his voice and example, until he received a shot in the thigh. His valet seeing him fall, ran to his assistance, and called for quarter, but was killed by the enemy before he could be understood. The duke being taken at the same instant, was afterwards dismissed upon his parole, and in a few days died at Turin, universally lamented on account of his great and amiable qualities. The earl of Warwick and Holland, who accompanied him as a volunteer, shared his fate in being wounded and taken prisoner; but he soon recovered his health and liberty. This victory was as unsubstantial as that of Landen, and almost as dear in the purchase; for the confederates made an obstinate defence, and yielded solely to superior number. The duke of Savoy retreated to Moncalier, and threw a reinforcement into Coni, which Catinat would not venture to besiege, so severely had he been handled in the battle. He therefore contented himself with laying the country under contribution, reinforcing the garrisons of Casal, Pignerol, and Suza, and making preparations for repassing the mountains. The news of this victory no sooner reached Paris, than Louis dispatched M. de Chanlais to Turin, with proposals for detaching the duke of Savoy from the interest of the allies; and the pope, who was now become a partisan of France, supported the negotiation with his whole influence; but the French king had not yet touched upon the right string. The duke continued deaf to all his addresses.



TRANSACTIONS in HUNGARY and CATALONIA.

France had been alike successful in her intrigues at the courts of Rome and Constantinople. The vizier at the Porte had been converted into a pensionary and creature of Louis; but the war in which the Turks had been so long and unsuccessfully engaged, rendered him so odious to the people, that the grand seignor deposed him in order to appease their clamours. The English and Dutch ambassadors at Constantinople forthwith renewed their mediation for a peace with the emperor; but the terms they proposed were still rejected with disdain. In the meantime general Heusler, who commanded the imperialists at Transylvania, reduced the fortresses of Jeno and Villaguswar. In the beginning of July the duc de Croy assumed the chief command of the German army, passed the Danube and the Saave, and invested Belgrade. The siege was carried on for some time with great vigour, but at length abandoned at the approach of the vizier, who obliged the imperialists to repass the Saave, and sent out parties which made incursions into Upper-Hungary. The power of France had never been so conspicuous as at this juncture, when she maintained a formidable navy at sea, and four great armies in different parts of Europe. Exclusive of the operations in Flanders, Germany, and Piedmont, the count de Noailles invested Eoses in Catalonia, about the latter end of May, while at the same time it was blocked up by the French fleet under the command of the count D'Etrees. In a few days the place was surrendered by capitulation, and the castle of Ampurias met with the same fate. The Spanish power was reduced to such a degree, that Noailles might have proceeded in his conquests without interruption, had he not been obliged to detach part of his army to reinforce Catinat in Piedmont.

{WILLIAM AND MARY, 1688—1701.}



NAVAL AFFAIRS.

Nothing could be more inglorious for the English than their operations by sea in the course of this summer. The king had ordered the admirals to use all possible despatch in equipping the fleets, that they might block up the enemy in their own ports and protect the commerce, which had suffered severely from the French privateers. They were however so dilatory in their proceedings, that the squadrons of the enemy sailed from their harbours before the English fleet could put to sea. About the middle of May it was assembled at St. Helen's, and took on board five regiments intended for a descent on Brest; but this enterprise was never attempted. When the English and Dutch squadrons joined, so as to form a very numerous fleet, the public expected they would undertake some expedition of importance; but the admirals were divided in opinion, nor did their orders warrant their executing any scheme of consequence. Killigrew and Delavai did not escape the suspicion of being disaffected to the service; and France was said to have maintained a secret correspondence with the malcontents in England. Louis had made surprising efforts to repair the damage which his navy had sustained. He had purchased several large vessels and converted them into ships of war; he had laid an embargo on all the shipping of his kingdom until his squadrons were manned; he had made a grand naval promotion to encourage the officers and seamen; and this expedient produced a wonderful spirit of activity and emulation. In the month of May his fleet sailed to the Mediterranean in three squadrons, consisting of seventy-one capital ships, besides bomb-ketches, fire-ships, and tenders.

In the beginning of June, the English and Dutch fleets sailed down the channel. On the sixth, sir George Rooke was detached to the Straits with a squadron of three-and-twenty ships as convoy to the Mediterranean trade. The grand fleet returned to Torbay, while he pursued his voyage, having taken under his protection about four hundred merchant ships belonging to England, Holland, Denmark, Sweden, Hamburgh, and Flanders. On the sixteenth his scouts discovered part of the French fleet under Cape St. Vincent; next day their whole navy appeared, to the amount of eighty sail. Sixteen of these plied up to the English squadron, while the vice-admiral of the white stood off to sea to intercept the ships under convoy. Sir George Rooke, by the advice of the Dutch vice-admiral Vandergoes, resolved if possible to avoid an engagement, which could only tend to their absolute ruin. He forthwith sent orders to the small ships that were near the land to put into the neighbouring ports of Faro, St. Lucar, and Cadiz, while he himself stood off with an easy sail for the protection of the rest. About six in the evening, ten sail of the enemy came up with two Dutch ships of war commanded by the captains Schrijver and Vander-Poel, who seeing no possibility of escaping, tacked in shore, and, thus drawing the French after them, helped to save the rest of the fleet. When attacked they made a most desperate defence, but at last were overpowered by numbers and taken. An English ship of war and a rich pinnace were burned; nine-and-twenty merchant vessels were taken, and about fifty destroyed by the counts de Tourville and D'Etrees. Seven of the largest Smyrna ships fell into the hands of M. de Cotlegon, and four he sunk in the bay of Gibraltar. The value of the loss sustained on this occasion amounted to one million sterling. Meanwhile Rooke stood off with a fresh gale, and on the nineteenth sent home the Lark ship of war with the news of his misfortune; then he bore away for the Madeiras, where having taken in wood and water, he set sail for Ireland, and on the third day of August arrived at Cork with fifty sail, including ships of war and trading vessels. He detached captain Fairborne to Kinsale with all his squadron except six ships of the line, with which, in pursuance of orders, he joined the great fleet then cruising in the chops of the channel. On the twenty-fifth day of August they returned to St. Helen's, and the four regiments were landed. On the nineteenth day of September, fifteen Dutch ships of the line and two frigates set sail for Holland; and twenty-six sail, with seven fire-ships, were assigned as guard-ships during the winter.



EXPEDITION TO THE WEST INDIES.

The French admirals, instead of pursuing Rooke to Madeira, made an unsuccessful attempt upon Cadiz, and bombarded Gibraltar, where the merchants sunk their ships that they might not fall into the hands of the enemy. Then they sailed along the coast of Spain, destroyed some English and Dutch vessels at Malaga, Alicant, and other places, and returned in triumph to Toulon. About this period sir Francis Wheeler returned to England with his squadron from an unfortunate expedition in the West Indies. In conjunction with colonel Codrington, governor of the Leeward Islands, he made unsuccessful attempts upon the islands of Martinique and Dominique. Then he sailed to Boston in New England with a view to concert an expedition against Quebec, which was judged impracticable. He afterwards steered for Placentia in Newfoundland, which he would have attacked without hesitation; but the design was rejected by a majority of voices in the council of war. Thus disappointed, he set sail for England, and arrived at Portsmouth in a very shattered condition, the greater part of his men having died in the course of this voyage.



BENBOW BOMBARDS ST. MALOES.

In November another effort was made to annoy the enemy. Commodore Benbow sailed with a squadron of twelve capital ships, four bomb-ketches, and ten brigantines, to the coast of St. Maloes, and anchoring within half a mile of the town, cannonaded and bombarded it for three days successively. Then his men landed on an island where they burned a convent. On the nineteenth they took the advantage of a dark night, a fresh gale, and a strong tide, to send in a fire-ship of a particular contrivance, styled the Infernal, in order to burn the town; but she struck upon a rock before she arrived at the place, and the engineer was obliged to set her on fire and retreat. She continued burning for some time, and at last blew up with such an explosion as shook the whole town like an earthquake, unroofed three hundred houses, and broke all the glass and earthenware for three leagues around. A capstan that weighed two hundred pounds was transported into the place, and falling upon a house, levelled it to the ground; the greatest part of the wall towards the sea tumbled down; and the inhabitants were overwhelmed with consternation, so that a small number of troops might have taken possession without resistance, but there was not a soldier on board. Nevertheless the sailors took and demolished Quince-fort, and did considerable damage to the town of St. Maloes, which had been a nest of privateers that infested the English commerce. Though this attempt was executed with great spirit and some success, the clamours of the people became louder and louder. They scrupled not to say that the councils of the nation were betrayed; and their suspicions rose even to the secretary's office. They observed, that the French were previously acquainted with all the motions of the English, and took their measures accordingly for their destruction. They collected and compared a good number of particulars that seemed to justify their suspicion of treachery. But the misfortunes of the nation in all probability arose from a motley ministry divided among themselves, who, instead of acting in concert for the public good, employed all their influence to thwart the views and blacken the reputations of each other. The people in general exclaimed against the marquis of Carmarthen, the earls of Nottingham and Rochester, who had acquired great credit with the queen, and, from their hatred to the whigs, betrayed the interests of the nation.



THE FRENCH KING HAS RECOURSE TO THE MEDIATION OF DENMARK.

But if the English were discontented, the French were miserable in spite of all their victories. That kingdom laboured under a dreadful famine, occasioned partly from unfavourable seasons, and partly from the war, which had not left hands sufficient to cultivate the ground. Notwithstanding all the diligence and providence of their ministry in bringing supplies of corn from Sweden and Denmark, their care in regulating the price and furnishing the markets, their liberal contributions for the relief of the indigent, multitudes perished of want, and the whole kingdom was reduced to poverty and distress. Louis pined in the midst of his success. He saw his subjects exhausted by a ruinous war, in which they had been involved by his ambition. He tampered with the allies apart, in hopes of dividing and detaching them from the grand confederacy; he solicited the northern crowns to engage as mediators for a general peace. A memorial was actually presented by the Danish minister to king William, by which it appears that the French king would have been contented to purchase a peace with some considerable concessions; but the terms were rejected by the king of England, whose ambition and revenge were not yet gratified, and whose subjects, though heavily laden, could still bear additional burdens.

The Jacobites had been very attentive to the progress of dissatisfaction in England, which they fomented with their usual assiduity. The late declaration of king James had been couched in such imperious terms as gave offence even to some of those who favoured his interest. The earl of Middleton therefore, in the beginning of the year, repaired to St. Germain's and obtained another, which contained the promise of a general pardon without exception, and every other concession that a British subject could demand of his sovereign. About the latter end of May, two men named Canning and Dormer were apprehended for dispersing copies of this paper, tried at the Old Bailey, found guilty of not only dispersing but also of composing a false and seditious libel, sentenced to pay five hundred marks a-piece, to stand three times in the pillory, and find sureties for their good behaviour. But no circumstance reflected more disgrace on this reign than the fate of Anderton, the supposed printer of some tracts against the government. He was brought to trial for high treason; he made a vigorous defence in spite of the insults and discouragement he sustained from a partial bench. As nothing but presumptions appeared against him, the jury scrupled to bring in a verdict that would affect his life, until they were reviled and reprimanded by judge Treby, then they found him guilty. In vain recourse was had to the queen's mercy; he suffered death at Tyburn, and left a paper protesting solemnly against the proceedings of the court, which he affirmed was appointed not to try but to convict him, and petitioning heaven to forgive his penitent jury. The severity of the government was likewise exemplified in the case of some adventurers, who having equipped privateers to cruise upon the English, under joint commissions from the late king James and Louis XIV., happened to be taken by the English ships of war. Dr. Oldys, the king's advocate, being commanded to proceed against them as guilty of treason and piracy, refused to commence the prosecution; and gave his opinion in writing that they were neither traitors nor pirates. He supported his opinion by arguments before the council; these were answered by Dr. Littleton, who succeeded him in the office from which he was dismissed; and the prisoners were executed as traitors. The Jacobites did not fail to retort those arts upon the government which their adversaries had so successfully practised in the late reign. They inveighed against the vindictive spirit of the administration, and taxed it with encouraging informers and false witnesses—a charge for which there was too much foundation.

The friends of James in Scotland still continued to concert designs in his favour; but their correspondence was detected, and their aims defeated, by the vigilance of the ministry in that kingdom. Secretary Johnston not only kept a watchful eye over all their transactions, but by a dexterous management of court liberality and favour, appeased the discontents of the presbyterians so effectually, that the king ran no risk in assembling the parliament. Some offices were bestowed upon the leaders of the kirk party, and the duke of Hamilton, being reconciled to the government, was appointed commissioner. On the eighteenth day of April the session was opened, and the king's letter, replete with the most cajoling expressions, being read, the parliament proceeded to exhibit undeniable specimens of their good humour. They drew up a very affectionate answer to his majesty's letter; they voted an addition of six new regiments to the standing forces of the kingdom; they granted a supply of above one hundred and fifty thousand pounds sterling to his majesty; they enacted a law for levying men to serve on board the royal navy; they fined all absentees, whether lords or commons, and vacated the seats of all those commissioners who refused to take the oath of assurance, which was equivalent to an abjuration of king James; they set on foot an inquiry about an intended invasion; they published some intercepted letters supposed to be written to king James by Nevil Payne, whom they committed to prison and threatened with a trial for high treason; but he eluded the danger by threatening in his turn to impeach those who had made their peace with the government; they passed an act for the comprehension of such of the episcopal clergy as should condescend to take the oaths by the tenth day of July. All that the general assembly required of them was, an offer to subscribe the confession of faith, and to acknowledge presbytery as the only government of the Scottish church; but they neither submitted to these terms, nor took the oaths within the limited time, so that they forfeited all legal right to their benefices. Nevertheless they continued in possession, and even received private assurances of the king's protection. It was one of William's political maxims to court his domestic enemies; but it was never attended with any good effect. This indulgence gave offence to the presbyterians, and former distractions began to revive.



THE KING RETURNS TO ENGLAND.

The king having prevailed upon the states-general to augment their land forces and navy for the service of the ensuing campaign, embarked for England, and arrived at Kensington on the thirtieth day of October. Finding the people clamorous and discontented, the trade of the nation decayed, the affairs of state mismanaged, and the ministers recriminating upon one another, he perceived the necessity of changing hands, and resolved to take his measures accordingly. Sunderland, his chief counsellor, represented that the tories were averse to the continuance of a war which had been productive of nothing but damage and disgrace; whereas, the whigs were much more tractable, and would bleed freely, partly from the terror of invasion and popery, partly from the ambition of being courted by the crown, and partly from the prospect of advantage, in advancing money to the government on the funds established by parliament; for that sort of traffic which obtained the appellation of the monied interest was altogether a whig-gish institution. The king revolved these observations in his own mind; and, in the meantime, the parliament met on the seventh day of November, pursuant to the last prorogation. In his speech, he expressed his resentment against those who were the authors of the miscarriages at sea; represented the necessity of increasing the land forces and the navy; and demanded a suitable supply for these purposes. In order to pave the way to their condescension, he had already dismissed from his council the earl of Nottingham, who, of all his ministers, was the most odious to the people. His place would have been immediately filled with the earl of Shrewsbury; but that nobleman suspecting this was a change of men rather than of measures, stood aloof for some time, until he received such assurances from the king as quieted his scruples, and then he accepted the office of secretary. The lieutenancy for the city of London, and all other commissions over England, were altered with a view to favour the whig interest; and the individuals of that party were indulged with many places of trust and profit; but the tories were too powerful in the house of commons to be exasperated, and therefore a good number of them were retained in office.



BOTH HOUSES INQUIRE INTO THE MISCARRIAGES BY SEA.

On the sixth day of the session, the commons unanimously resolved to support their majesties and their government; to inquire into miscarriages; and to consider of means for preserving the trade of the nation. The Turkey company was summoned to produce the petitions they had delivered to the commissioners of the Admiralty for convoy: lord Falkland, who sat at the head of that board, gave in copies of all the orders and directions sent to sir George Rooke concerning the Straits fleet, together with a list of all the ships at that time in commission. It appeared, in the course of this inquiry, that the miscarriage of Rooke's fleet was in a great measure owing to the misconduct of the admirals, and the neglect of the victualling-office; but they were screened by a majority. Mr. Harley, one of the commissioners for taking and stating the public accounts, delivered a report, which contained a charge of peculation against lord Falkland. Rainsford, receiver of the rights and perquisites of the navy, confessed that he had received and paid more money than that which was charged in the accounts; and, in particular, that he had paid four thousand pounds to lord Falkland by his majesty's order. This lord had acknowledged before the commissioners, that he had paid one half of the sum, by the king's order, to a person who was not a member of either house; and that the remainder was still in his hands. Rainsford owned he had the original letter which he received from Falkland, demanding the money; and this nobleman desiring to see it, detained the voucher; a circumstance that incensed the commons to such a degree, that a motion was made for committing him to the Tower, and debated with great warmth, but was at last over-ruled by the majority. Nevertheless, they agreed to make him sensible of their displeasure, and he was reprimanded in his place. The house of lords having also inquired into the causes of the miscarriages at sea, very violent debates arose, and at length the majority resolved, that the admirals had done well in the execution of the orders they had received. This was a triumph over the whig lords, who had so eagerly prosecuted the affair, and now protested against the resolution not without great appearance of reason. The next step of the lords was to exculpate the earl of Nottingham, as the blame seemed to lie with him on the supposition that the admirals were innocent. With a view therefore to transfer this blame to Trenchard, the whiggish secretary, the earl gave the house to understand that he had received intelligence from Paris in the beginning of June, containing a list of the enemy's fleet and the time of their sailing; that this was communicated to a committee of the council, and particularly imparted to secretary Trenchard, whose province it was to transmit instructions to the admirals. Two conferences passed on this subject between the lords and commons. Trenchard delivered in his defence in writing; and was in his turn screened by the whole efforts of the ministry, in which the whig influence now predominated. Thus an inquiry of such national consequence, which took its rise from the king's own expression of resentment against the delinquents, was stifled by the arts of the court, because it was likely to affect one of its creatures; for, though there was no premeditated treachery in the case, the interest of the public was certainly sacrificed to the mutual animosity of the ministers. The charge of lord Falkland being resumed in the house of commons, he appeared to have begged and received of the king the remaining two thousand pounds of money which had been paid by Rainsford: he was therefore declared guilty of a high misdemeanor and breach of trust, and committed to the Tower; from whence however he was in two days discharged upon his petition.



VAST SUMS GRANTED FOR THE SERVICES OF THE ENSUING YEAR.

Harley, Foley, and Harcourt, presented to the house a state of the receipts and issues of the revenue, together with two reports from the commissioners of accounts concerning sums issued for secret services, and to members of parliament. This was a discovery of the most scandalous practices in the mystery of corruption, equally exercised on the individuals of both parties, in occasional bounties, grants, places, pensions, equivalents, and additional salaries. The malcontents therefore justly observed, the house of commons was so managed that the king could baffle any bill, quash all grievances, stifle accounts, and rectify the articles of Limerick. When the commons took into consideration the estimates and supplies of the ensuing year, the king demanded forty thousand men for the navy, and above one hundred thousand for the purposes of the land service. Before the house considered these enormous demands, they granted four hundred thousand pounds by way of advance, to quiet the clamours of the seamen, who were become mutinous and desperate for want of pay, upwards of one million being due to them for wages. Then the commons voted the number of men required for the navy; but they were so ashamed of that for the army, that they thought it necessary to act in such a manner as should imply that they still retained some regard for their country. They called for all the treaties subsisting between the king and his allies; they examined the different proportions of the troops furnished by the respective powers; they considered the intended augmentations, and fixed the establishment of the year at four-score and three thousand, one hundred, and twenty-one men, including officers. For the maintenance of these they allotted the sum of two millions, five hundred and thirty thousand, five hundred and nine pounds. They granted two millions for the navy, and about five hundred thousand pounds, to make good the deficiencies of the annuity and poll bills; so that the supplies for the year amounted to about five millions and a half, raised by a land-tax of four shillings in the pound, by two more lives in the annuities, a further excise on beer, a new duty on salt, and a lottery.

Though the malcontents in parliament could not withstand this torrent of profusion, they endeavoured to distress the court interest, by reviving the popular bills of the preceding session; such as that for regulating trials in cases of high treason, the other for the more frequent calling and meeting of parliaments, and that concerning free and impartial proceedings in parliament. The first was neglected in the house of lords; the second was rejected; the third was passed by the commons, on the supposition that it would be defeated in the other house. The lords returned it with certain amendments, to which the commons would not agree: a conference ensued; the peers receded from their corrections, and passed the bill, to which the king however refused his assent. Nothing could be more unpopular and dangerous than such a step at this juncture. The commons, in order to recover some credit with the people, determined to disapprove of his majesty's conduct. The house formed itself into a committee, to take the state of the kingdom into consideration. They resolved, that whoever advised the king to refuse the royal assent to that bill, was an enemy to their majesties and the kingdom. They likewise presented an address, expressing their concern that he had not given his consent to the bill; and beseeching his majesty to hearken for the future to the advice of his parliament, rather than to the counsels of particular persons, who might have private interests of their own, separate from those of his majesty and his people. The king thanked them for their zeal, professed a warm regard for their constitution, and assured them he would look upon all parties as enemies who should endeavour to lessen the confidence subsisting between the sovereign and the people. The members in the opposition were not at all satisfied with this general reply. A day being appointed to take it into consideration, a warm debate was maintained with equal eloquence and acrimony. At length the question being put that an address should be made for a more explicit answer, it passed in the negative by a great majority.



ESTABLISHMENT OF THE BANK OF ENGLAND.

The city of London petitioned that a parliamentary provision should be made for the orphans, whose fortunes they had scandalously squandered away. Such an application had been made in the preceding session, and rejected with disdain, as an imposition on the public; but now those scruples were removed, and the house passed a bill for this purpose, consisting of many clauses, extending to different charges on the city lands, aqueducts, and personal estates; imposing duties on binding apprentices, constituting freemen, as also upon wines and coals imported into London. On the twenty-third day of March these bills received the royal assent; and the king took that opportunity of recommending despatch, as the season of the year was far advanced, and the enemy diligently employed in making preparations for an early campaign. The scheme of a national bank, like those of Amsterdam and Genoa, had been recommended to the ministry as an excellent institution, as well for the credit and security of the government, as the increase of trade and circulation. One project was invented by Dr. Hugh Chamberlain, proposing the circulation of tickets on land security; but William Paterson was author of that which was carried into execution, by the interest of Michael Godfrey and other active projectors. The scheme was founded on the motion of a transferable fund, and a circulation by bill on the credit of a large capital. Forty merchants subscribed to the amount of five hundred thousand pounds, as a fund of ready money, to circulate one million at eight per cent, to be lent to the government; and even this fund of ready money bore the same interest. When it was properly digested in the cabinet, and a majority in parliament secured for its reception, the undertakers for the court introduced it into the house of commons, and expatiated upon the national advantages that would accrue from such a measure. They said it would rescue the nation out of the hands of extortioners and usurers, lower interest, raise the value of land, revive and establish public credit, extend circulation, consequently improve commerce, facilitate the annual supplies, and connect the people the more closely with the government. The project was violently opposed by a strong party, who affirmed that it would become a monopoly, and engross the whole money of the kingdom; that, as it must infallibly be subservient to government views, it might be employed to the worst purposes of arbitrary power; that instead of assisting it would weaken commerce, by tempting people to withdraw their money from trade and employ it in stock-jobbing; that it would produce a swarm of brokers and jobbers to prey upon their fellow-creatures, encourage fraud and gaming, and further corrupt the morals of the nation. Notwithstanding these objections, the bill made its way through the two houses, establishing the funds for the security and advantage of the subscribers; empowering their majesties to incorporate them by the name of the governor and company of the bank of England, under a proviso, that at any time after the first day of August, in the year one thousand seven hundred and five, upon a year's notice, and the repayment of the twelve hundred thousand pounds, the said corporation should cease and determine. The bill likewise contained clauses of appropriation for the services of the public. The whole subscription was filled in ten clays after its being opened; and the court of directors completed the payment before the expiration of the time prescribed by the act, although they did not call in more than seven hundred and twenty thousand pounds of the money subscribed. All these funds proving inadequate to the estimates, the commons brought in a bill to impose stamp duties upon all vellum, parchment, and paper, used in almost every kind of intercourse between man and man; and they crowned the oppression of the year with another grievous tax upon carriages, under the name of a bill for licensing and regulating hackney and stage coaches.



EAST INDIA COMPANY'S CHArTER.

The commons, in a clause of the bill for taxing several joint-stocks, provided, that in case of a default in the payment of that tax, within the time limited by the act, the charter of the company so failing should be deemed void and forfeited. The East India company actually neglected their payment, and the public imagined the ministry would seize this opportunity of dissolving a monopoly against which so many complaints had been made; but the directors understood their own strength; and, instead of being broken, obtained the promise of a new charter. This was no sooner known, than the controversy between them and their adversaries was revived with such animosity, that the council thought proper to indulge both parties with a hearing. As this produced no resolution, the merchants who opposed the company petitioned, that, in the meanwhile, the new charter might be suspended. Addresses of the same kind were presented by a great number of clothiers, linen-drapers, and other dealers. To these a written answer was published by the company; the merchants printed a reply, in which they undertook to prove that the company had been guilty of unjust and unwarrantable actions, tending to the scandal of religion, the dishonour of the nation, the reproach of our laws, the oppression of the people, and the ruin of trade. They observed, that two private ships had exported in one year three times as many cloths as the company had exported in three years. They offered to send more cloth and English merchandise to the Indies in one year than the company had exported in five; to furnish the government with five hundred tons of saltpetre for less than one half of the usual price; and they represented, that the company could neither load the ships they petitioned for in England, nor reload them in the East Indies. In spite of all these remonstrances, the new charter passed the great seal; though the grants contained in it were limited in such a manner that they did not amount to an exclusive privilege, and subjected the company to such alterations, restrictions, and qualifications, as the king should direct before the twenty-ninth day of September. This indulgence, and other favours granted to the company, were privately purchased of the ministry, and became productive of a loud outcry against the government. The merchants published a journal of the whole transaction, and petitioned the house of commons that their liberty of trading to the East Indies might be confirmed by parliament. Another petition was presented by the company, praying that their charter might receive a parliamentary sanction. Both parties employed all their address in making private application to the members. The house having examined the different charters, the book of their new subscriptions, and every particular relating to the company, resolved that all the subjects of England had an equal right to trade to the East Indies unless prohibited by act of parliament.

{WILLIAM AND MARY, 1688—1701.}



GENERAL NATURALIZATION BILL.

But nothing engrossed the attention of the public more than a bill which was brought into the house for a general naturalization of all foreign protestants. The advocates for this measure alleged, That great part of the lands of England lay uncultivated; that the strength of a nation consisted in the number of inhabitants; that the people were thinned by the war and foreign voyages, and required an extraordinary supply; that a great number of protestants, persecuted in France and other countries, would gladly remove to a land of freedom, and bring along with them their wealth and manufactures; that the community had been largely repaid for the protection granted to those refugees who had already settled in the kingdom. They had introduced several new branches of manufacture, promoted industry, and lowered the price of labour; a circumstance of the utmost importance to trade, oppressed as it was with taxes, and exposed to uncommon hazard from the enemy. The opponents of the bill urged with great vehemence, That it would cheapen the birthright of Englishmen; that the want of culture was owing to the oppression of the times; that foreigners being admitted into the privileges of the British trade, would grow wealthy at the expense of their benefactors, and transfer the fortunes they had gained into their native country; that the reduction in the price of labour would be a national grievance, while so many thousands of English manufacturers were starving for want of employment, and the price of provisions continued so high that even those who were employed could scarce supply their families with bread; that the real design of the bill was to make such an accession to the dissenters as would render them an equal match in the body politic for those of the church of England; to create a greater dependence on the crown, and, in a word, to supply a foreign head with foreign members. Sir John Knight, a member of the house, in a speech upon this subject, exaggerated the bad consequences that would attend such a bill, with all the wit and virulence of satire: it was printed and dispersed through the kingdom, and raised such a flame among the people as had not appeared since the revolution. They exclaimed, that all offices would be conferred upon Dutchmen, who would become lord-danes, and prescribe the modes of religion and government; and they extolled sir John Knight as the saviour of the nation. The courtiers, incensed at the progress of this clamour, complained in the house of the speech which had been printed; and sir John was threatened with expulsion and imprisonment. He therefore thought proper to disown the paper, which was burned by the hands of the common hangman. This sacrifice served only to increase the popular disturbance, which rose to such a height of violence, that the court party began to tremble; and the bill was dropped for the present.

Lord Coningsby and Mr. Porter had committed the most flagrant acts of oppression in Ireland. These had been explained during the last session by the gentlemen who appealed against the administration of lord Sidney, but they were screened by the ministry; and therefore the earl of Bellamont now impeached them in the house of commons, of which he and they were members. After an examination of the articles exhibited against them, the commons, who were by this time at the devotion of the court, declared, that, considering the state of affairs in Ireland, they did not think them fit grounds for an impeachment.—In the course of this session, the nation sustained another misfortune in the fate of sir Francis Wheeler, who had been appointed commander-in-chief of the Mediterranean squadron. He received instructions to take under his convoy the merchant ships bound to Turkey, Spain, and Italy; to cruise thirty days in a certain latitude for the protection of the Spanish plate-fleet homeward bound; to leave part of his squadron at Cadiz as convoy to the trade for England; to proceed with the rest to the Mediterranean; to join the Spanish fleet in his return; and to act in concert with them, until he should be joined by the fleet from Turkey and the Straits, and accompany them back to England. About the latter end of October he set sail from Saint Helen's, and in January arrived at Cadiz with the ships under his convoy. There leaving rear-admiral Hopson, he proceeded for the Mediterranean. In the bay of Gibraltar he was overtaken by a dreadful tempest, under a lee-shore, which he could not possibly weather, and where the ground was so foul that no anchor would hold. This expedient however was tried. A great number of ships were driven ashore, and many perished. The admiral's ship foundered at sea, and he and all his crew were buried in the deep, except two Moors who were miraculously preserved. Two other ships of the line, three ketches, and six merchant ships were lost. The remains of the fleet were so much shattered, that, instead of prosecuting their voyage, they returned to Cadiz in order to be refitted, and sheltered from the attempts of the French squadrons, which were still at sea under the command of Chateau-Renaud and Cabaret. On the twenty-fifth day of April, the king-closed the session with a speech in the usual style, and the parliament was prorogued to the eighteenth day of September. [053] [See note K, at the end of this Vol.]



THE ENGLISH ATTEMPT TO MAKE A DESCENT IN CAMARET-BAY.

Louis of France being tired of the war, which had impoverished his country, continued to tamper with the duke of Savoy, and, by the canal of the pope, made some offers to the king of Spain, which were rejected. Meanwhile he resolved to stand upon the defensive during the ensuing campaign, in every part but Catalonia, where his whole naval force might co-operate with the count de Noailles, who commanded the land army. King William having received intelligence of the design upon Barcelona, endeavoured to prevent the junction of the Brest and Toulon squadrons, by sending Russel to sea as early as the fleet could be in a condition to sail; but before he arrived at Portsmouth, the Brest squadron had quitted that harbour. On the third day of May the admiral sailed from St. Helen's with the combined squadrons of England and Holland, amounting to ninety ships of the line, besides frigates, fire-ships, and tenders. He detached captain Pritchard of the Monmouth with two fire-ships, to destroy a fleet of French merchant ships near Conquet-bay; and this service being performed, he returned to St. Helen's, where he had left Adm. Cloudesley Shovel with a squadron, to take on board a body of land forces intended for a descent upon the coast of France. These being embarked under the command of general Ptolemache, the whole fleet sailed again on the twenty-ninth of May. The land and sea officers, in a council of war, agreed that part of the fleet designed for this expedition should separate from the rest and proceed to Camaret-bay, where the forces should be landed. On the fifth day of June, lord Berkeley, who commanded this squadron, parted with the grand fleet, and on the seventh anchored between the bays of Camaret and Bertaume. Next day the marquis of Carmarthen, afterwards duke of Leeds, who served under Berkeley as rear-admiral of the blue, entered Camaret-bay with two large ships and six frigates, to cover the troops in landing. The French had received intelligence of the design, and taken such precautions, under the conduct of the celebrated engineer Vauban, that the English were exposed to a terrible fire from new erected batteries, as well as from a strong body of troops, and though the ships cannonaded them with great vigour, the soldiers could not maintain any regularity in landing. A good number were killed in the open boats before they reached the shore; and those who landed were soon repulsed, in spite of all the endeavours of general Ptolemache, who received a wound in the thigh, which proved mortal. Seven hundred soldiers are said to have been lost on this occasion, besides those who were killed on board of the ships. The Monk ship of war was towed off with great difficulty; but a Dutch frigate of thirty guns fell into the hands of the enemy.

After this unfortunate attempt, lord Berkeley, with the advice of a council of war, sailed back for England, and at St. Helen's received orders from the queen to call a council, and deliberate in what manner the ships and forces might be best employed. They agreed to make some attempt upon the coast of Normandy. With this view they set sail on the fifth day of July. They bombarded Dieppe, and reduced the greatest part of the town to ashes. Thence they steered to Havre-de-Grace, which met with the same fate. They harassed the French troops who marched after them along shore. They alarmed the whole coast, and filled every town with such consternation that they would have been abandoned by the inhabitants had not they been detained by military force. On the twenty-sixth of July, lord Berkeley returned to St. Helen's, where he quitted the fleet, and the command devolved upon sir Cloudesley Shovel. This officer having received instructions to make an attempt upon Dunkirk, sailed round to the Downs, where he was joined by M. Meesters, with six-and-twenty Dutch pilots. On the twelfth of September he appeared before Dunkirk; and next day sent in the Charles galley, with two bomb-ketches, and as many of the machines called infernals. These were set on fire without effect, and the design miscarried; then Shovel steered to Calais, which having bombarded with little success, he returned to the coast of England; and the bomb-ketches and machines were sent into the river Thames.



ADMIRAL RUSSEL RELIEVES BARCELONA.

During these transactions, admiral Russel with the grand fleet sailed for the Mediterranean; and being joined by rear-admiral Neville from Cadiz, together with Callemberg and Evertzen, he steered towards Barcelona, which was besieged by the French fleet and army. At his approach, Tourville retired with precipitation into the harbour of Toulon; and Noailles abandoned his enterprise. The Spanish affairs were in such a deplorable condition, that without this timely assistance the kingdom must have been undone. While he continued in the Mediterranean, the French admiral durst not venture to appear at sea, and all his projects were disconcerted. After having asserted the honour of the British flag in those seas during the whole summer, he sailed in the beginning of November to Cadiz, where, by an express order of the king, he passed the winter, during which he took such precautions for preventing Tourville from passing the Straits, that he did not think proper to risk the passage.



CAMPAIGN IN FLANDERS.

It will now be necessary to describe the operations on the continent. In the middle of May king William arrived in Holland, where he consulted with the states-general. On the third day of June he repaired to Beth-lem-abbey near Louvain, the place appointed for the rendezvous of the army; and there he was met by the electors of Bavaria and Cologn. In a few days a numerous army was assembled, and every thing seemed to promise an active campaign. On the third day of June the dauphin assumed the command of the French forces, with which Luxembourg had taken post between Mons and Maubeuge; and passing the Sambre, encamped at Fleuras, but on the eighteenth he removed from thence, and took up his quarters between St. Tron and Wanheim; while the confederates lay at Roosbeck. On the eleventh of July, the dauphin marched in four columns to Oerle upon the Jaar, where he pitched his camp. On the twenty-second the confederates marched to Romale; then the dauphin took the route to Vignamont, where he secured his army by entrenchments, as his forces were inferior in number to those of the allies; and as he had been directed by his father to avoid an engagement. In this situation both armies remained till the fifteenth day of August, when king William sent the heavy baggage to Louvain; and on the eighteenth made a motion to Sombref. This was no sooner known to the enemy than they decamped; and having marched all night, posted themselves between Temploux and Masy, within a league and a half of the confederates. The king of England resolved to pass the Scheld, and with this view marched by the way of Nivelle and Soignes to Chievres; from thence he detached the duke of Wirtemberg, with a strong body of horse and foot, to pass the river at Oudenarde, while the elector of Bavaria advanced with another detachment to pass it at Pont de Espieres. Notwithstanding all the expedition they could make, their purpose was anticipated by Luxembourg, who being apprised of their route had detached four thousand horse, with each a foot soldier behind the trooper, to reinforce M. de Valette who commanded that part of the French line. These were sustained by a choice body of men, who travelled with great expedition without observing the formalities of a march. Mareschal de Villeroy followed the same route with all the cavalry of the right wing, the household troops, and twenty field-pieces; and the rest of the army was brought up by the dauphin in person. They marched with such incredible diligence, that the elector of Bavaria could scarce believe his own eyes when he arrived in sight of the Scheld and saw them intrenching themselves on the other side of the river. King William having reconnoitred their disposition, thought it impracticable to pass at that place; and therefore marched down the river to Oudenarde, where a passage had been already effected by the duke of Wirtemberg. Here the confederates passed the Scheld on the twenty-seventh day of the month; and the king fixed his head-quarters at Wanneghem. His intention was to have taken possession of Courtray, and established winter-quarters for a considerable part of his army in that district; but Luxembourg having posted himself between that place and Menin, extended his lines in such a manner that the confederates could not attempt to force them, nor even hinder him from subsisting his army at the enginse (expense ?) of the castellany of Courtray, during the remainder of the campaign. This surprising march was of such importance to the French king, that he wrote with his own hand a letter of thanks to his army; and ordered that it should be read to every particular squadron and battalion.



THE ALLIES REDUCE HUY.

The king of England, though disappointed in his scheme upon Courtray, found means to make some advantage of his superiority in number. He drafted troops from the garrison of Liege and Maestricht; and on the third day of September reinforced his body with a large detachment from his own camp, conferring the command upon the duke of Holstein-Ploen, with orders to undertake the siege of Huy. Next day the whole confederate forces passed the Lys, and encamped at Wouterghem. From thence the king with a part of the army marched to Roselsaer; this diversion obliged the dauphin to make considerable detachments for the security cf Ypres and Menin on the one side, and to cover Furnes and Dunkirk on the other. At this juncture, a Frenchman, being seized in the very act of setting fire to one of the ammunition waggons in the allied army, confessed he had been employed for this purpose by some of the French generals, and suffered death as a traitor. On the sixteenth day of the month the duke of Holstein-Ploen invested Huy, and earned on the siege with such vigour that in ten days the garrison capitulated. The king ordered Dixmuyde, Deynse, Ninove, and Tirelemont, to be secured for winter quarters to part of the army; the dauphin returned to Versailles; William quitted the camp on the last day of September; and both armies broke up about the middle of October.

The operations on the Rhine were preconcerted between king William and the prince of Baden, who had visited London in the winter. The dispute between the emperor and the elector of Saxony was compromised; and this young prince dying during the negotiation, the treaty was perfected by his brother and successor, who engaged to furnish twelve thousand men yearly, in consideration of a subsidy from the court of Vienna. In the beginning of June, mareschal de Lorges passed the Rhine at Philipsburgh, in order to give battle to the imperialists encamped at Halibron. The prince of Baden, who was not yet joined by the Saxons, Hessians, nor by the troops of Munster and Paderborn, dispatched couriers to quicken the march of these auxiliaries, and advanced to Eppingen, where he proposed to wait till they should come up; but on the fifteenth, receiving undoubted intelligence that the enemy were in motion towards him, he advanced to meet them in order of battle. De Lorges concluded that this was a desperate effort, and immediately halted to make the necessary preparations for an engagement. This pause enabled prince Louis to take possession of a strong pass near Sintzheim, from which he could not easily be dislodged. Then the mareschal proceeded to Viseloch, and ravaged the adjacent country, in hopes of drawing the imperialists from their intrenchments. The prince being joined by the Hessians, resolved to beat up the quarters of the enemy; and the French general being apprised of his design, retreated at midnight with the utmost precipitation. Having posted himself at Ruth, he sent his heavy baggage to Philipsburgh; then he moved to Gonsbergh in the neighbourhood of Manheim, repassed the Rhine, and encamped between Spires and Worms. The prince of Baden being joined by the allies, passed the river by a bridge of boats near Hagenbach, in the middle of September; and laid the country of Alsace under contribution. Considering the advanced season of the year this was a rash undertaking; and the French general resolved to profit by his enemy's temerity. He forthwith advanced against the imperialists, foreseeing that should they be worsted in battle, their whole army would be ruined. Prince Louis, informed of his intention, immediately passed the Rhine; and this retreat was no sooner effected than the river swelled to such a degree that the island in the middle, and a great part of the camp he had occupied, was overflowed. Soon after this incident both armies retired into winter-quarters. The campaign in Hungary produced no event of importance. It was opened by the new vizier, who arrived at Belgrade in the middle of August: and about the same time Caprara assembled the imperial army in the neighbourhood of Peterwaraden. The Turks passed the Saave in order to attack their camp, and carried on their approaches with five hundred pieces of cannon; but made very little progress. The imperialists received reinforcements; the season wasted away; a feud arose between the vizier and the chain of the Tartars; and the Danube being swelled by heavy rains, so as to interrupt the operations of the Turks, their general decamped in the night of the first of October. They afterwards made an unsuccessful attempt upon Titul, while the imperial general made himself master of Giula. In the course of this summer the Venetians, who were also at war with the Turks, reduced Cyclut, a place of importance on the river Naranta, and made a conquest of the island of Scio in the Archipelago.



PROGRESS OF THE FRENCH.

We have already observed that the French king had determined to act vigorously in Catalonia. In the beginning of May, the duke de Noailles advanced at the head of eight and twenty thousand men to the river Ter, on the opposite bank of which the viceroy of Catalonia was encamped with sixteen thousand Spaniards. The French general passed the river in the face of this army, and attacked their intrenchments with such impetuosity, that in less than an hour they were totally defeated. Then he marched to Palamos, and undertook the siege of that place, while at the same time it was blocked up by the combined squadrons of Brest and Toulon. Though the besieged made an obstinate defence, the town was taken by storm, the houses were pillaged, and the people put to the sword, without distinction of age, sex, or condition. Then he invested Gironne, which in a few days capitulated. Ostalric met with the same fate, and Noailles was created viceroy of Catalonia by the French king. In the beginning of August he distributed his forces into quarters of refreshment along the river Ter-dore, resolving to undertake the siege of Barcelona, which was saved by the arrival of admiral Russel. The war languished in Piedmont, on account of a secret negotiation between the king of France and the duke of Savoy; notwithstanding the remonstrances of Rouvigny earl of Galway, who had succeeded the duke of Schomberg in the command of the British forces in that country. Casal was closely blocked up by the reduction of Fort St. George, and the Vaudois gained the advantage in some skirmishes in the valley of Ragclas; but no design of importance was executed.*

* In the course of this year, M. du Casse, governor of St. Domingo, made an unsuccessful attempt upon the Island of Jamaica; and M. St. Clair, with four men of war, formed a design against St. John's, Newfoundland; but he was repulsed with loss by the valour of the inhabitants.

England had continued very quiet under the queen's administration, if we except some little commotions occasioned by the practices, or pretended practices, of the Jacobites. Prosecutions were revived against certain gentlemen of Lancashire and Cheshire, for having been concerned in the conspiracy formed in favour of the late king's projected invasion from Normandy. These steps were owing to the suggestions of infamous informers, whom the ministry countenanced. Colonel Parker and one Crosby were imprisoned, and bills of treason found against them; but Parker made his escape from the Tower, and was never retaken, though a reward of four hundred pounds was set upon his head. The king having settled the affairs of the confederacy at the Hague, embarked for England on the eighth of November, and next day landed at Margate. On the twelfth he opened the session of parliament with a speech, in which he observed that the posture of affairs was improved both by sea and land since they last parted; in particular, that a stop was put to the progress of the French arms. He desired they would continue the act of tonnage and poundage, which would expire at Christmas; he reminded them of the debt for the transport ships employed in the reduction of Ireland; and exhorted them to prepare some good bill for the encouragement of seamen. A majority in both houses was already secured; and in all probability he bargained for their condescension by agreeing to the bill for triennial parliaments. This Mr. Harley brought in by order of the lower house immediately after their first adjournment; and it kept pace with the consideration of the supplies. The commons having examined the estimates and accounts, voted four millions, seven hundred sixty-four thousand, seven hundred and twelve pounds, for the service of the army and navy. In order to raise this sum they continued the land tax; they renewed the subsidy of tonnage and poundage for five years, and imposed new duties on different commodities.* The triennial bill enacted, that a parliament should be held once within three years at least; that within three years at farthest after the dissolution of the parliament then subsisting, and so from time to time for ever after, legal writs under the great seal should be issued by the direction of the crown for calling, assembling, and holding another new parliament; that no parliament should continue longer than three years at farthest, to be accounted from the first day of the first session; and that the parliament then subsisting should cease and determine on the first day of November next following, unless their majesties should think fit to dissolve it sooner. The duke of Devonshire, the marquis of Halifax, the earls of Weymouth and Aylesbury, protested against this bill, because it tended to the continuance of the present parliament longer than, as they apprehended, was agreeable to the constitution of England.

* They imposed certain rates and duties upon marriages, births, and burials, bachelors, and widows. They passed an act for laying additional duties upon coffee, tea, and chocolate, towards paying the debt due for the transport ships: and another, imposing duties on glass ware, stone, and earthen bottles, coal, and culm.



DEATH OF ARCHBISHOP TILLOTSON AND OF QUEEN MARY

While this bill was depending, Dr. John Tillotson, archbishop of Canterbury, was seized with a fit of the dead palsy in the chapel of Whitehall, and died on the twenty-second day of November, deeply regretted by the king and queen, who shed tears of sorrow at his decease; and sincerely lamented by the public, as a pattern of elegance, ingenuity, meekness, charity, and moderation. These qualities he must be allowed to have possessed, notwithstanding the invectives of his enemies, who accused him of puritanism, flattery, and ambition; and charged him with having conduced to a dangerous schism in the church, by accepting the archbishopric during the life of the deprived Sancroft. He was succeeded in the metropolitan See by Dr. Tennison, bishop of Lincoln, recommended by the whig-party which now predominated in the cabinet. The queen did not long survive her favourite prelate. In about a month after his decease she was taken ill of the smallpox, and the symptoms proving dangerous, she prepared herself for death with great composure. She spent some time in exercises of devotion and private conversation with the new archbishop; she received the sacrament with all the bishops who were in attendance; and expired on the twenty-eighth day of December, in the thirty-third year of her age, and in the sixth of her reign, to the inexpressible grief of the king, who for some weeks after her death could neither see company nor attend to the business of state. Mary was in her person tall and well-proportioned, with an oval visage, lively eyes, agreeable features, a mild aspect, and an air of dignity. Her apprehension was clear, her memory tenacious, and her judgment solid. She was a zealous protestant, scrupulously exact in all the duties of devotion, of an even temper, and of a calm and mild conversation. She was ruffled by no passion, and seems to have been a stranger to the emotions of natural affection; for she ascended without compunction the throne from which her father had been deposed, and treated her sister as an alien to her blood. In a word, Mary seems to have imbibed the cold disposition and apathy of her husband; and to have centered all her ambition in deserving the epithet of an humble and obedient wife. [056] [See note L, at the end of this Vol.]



RECONCILIATION BETWEEN THE KING AND THE PRINCESS OF DENMARK.

The princess Anne being informed of the queen's dangerous indisposition, sent a lady of her bed-chamber to desire she might be admitted to her majesty; but this request was not granted. She was thanked for her expression of concern; and given to understand, that the physicians had directed that the queen should be kept as quiet as possible. Before her death, however, she sent a forgiving message to her sister; and after her decease, the earl of Sunderland effected a reconciliation between the king and the princess, who visited him at Kensington, where she was received with uncommon civility. He appointed the palace of St. James for her residence, and presented her with the greater part of the queen's jewels. But a mutual jealousy and disgust subsisted under these exteriors of friendship and esteem. The two houses of parliament waited on the king at Kensington, with consolatory addresses on the death of his consort; their example was followed by the regency of Scotland, the city and clergy of London, the dissenting ministers, and almost all the great corporations in England.*

* The earls of Rochester and Nottingham are said to have started a doubt, whether the parliament was not dissolved by the queen's death; but this dangerous motion met with no countenance.



CHAPTER V. WILLIAM.

Account of the Lancashire Plot..... The Commons inquire into the Abuses which had crept into the Army..... They expel and prosecute some of their own Members for Corruption in the Affair of the East India Company..... Examination of Cooke, Acton, and others..... The Commons impeach the Duke of Leeds..... The Parliament is prorogued..... Session of the Scottish Parliament..... They inquire into the Massacre of Glencoe..... They pass an Act for erecting a Trading Company to Africa and the Indies..... Proceedings in the Parliament of Ireland..... Disposition of the Armies in Flanders..... King William undertakes the Siege of Namur..... Famous Retreat of Prince Vaudemont..... Brussels is bombarded by Villeroy..... Progress of the Siege of Namur..... Villeroy attempts to relieve it..... The Besiegers make a desperate Assault..... The Place capitulates..... Boufflers is arrested by order of King William..... Campaign on the Rhine and in Hungary..... The Duke of Savoy takes Casal..... Transactions in Catalonia..... The English Fleet bombard's St. Maloes and other places on the Coast of France..... Wilmot's expedition to the West Indies..... A new Parliament..... They pass the Bill for regulating Trials in Cases of High Treason..... Resolutions with respect to the new Coinage..... The Commons address the King to recall a Grant he had made to the Earl of Portland..... Another against the new Scottish Company..... Intrigues of the Jacobites..... Conspiracy against the life of William..... Design of an Invasion defeated..... The two Houses engage in an Association for the Defence of his Majesty..... Establishment of a Land Bank..... Trial of the Conspirators..... The Allies burn the Magazine at Civet..... Louis the Fourteenth makes Advances towards a Peace with Holland..... He detaches the Duke of Savoy from the Confederacy..... Naval Transactions..... Proceedings in the Parliaments of Scotland and Ireland..... Zeal of the English Commons in their Affection to the King..... Resolutions touching the Coin and the support of Public Credit..... Enormous Impositions..... Sir John Fen- wick is apprehended..... A Bill of Attainder being brought into the House against him produces violent Debates..... His Defence..... The Bill passes..... Sir John Fenwick is beheaded..... The Earl of Monmouth sent to the Tower..... Inquiry into Miscarriages by Sea..... Negotiations at Ryswick..... The French take Barcelona..... Fruitless Expedition of Admiral Neville to the West Indies..... The Elector of Saxony is chosen King of Poland..... Peter the Czar of Muscovy travels in Disguise with his own Ambassadors ..... Proceedings in the Congress at Ryswick..... The Ambassadors of England, Spain, and Holland, sign the Treaty..... A general Pacification.

{WILLIAM, 1688—1701.}



ACCOUNT OF THE LANCASHIRE PLOT.

THE kingdom now resounded with the complaints of the papists and malcontents, who taxed the ministry with subornation of perjury in the case of the Lancashire gentlemen who had been persecuted for the conspiracy. One Lunt, an Irishman, had informed sir John Trench-ard, secretary of state, that he had been sent from Ireland with commissions from king James to divers gentlemen in Lancashire and Cheshire; that he had assisted in buying arms and enlisting men to serve that king in his projected invasion of England; that he had been twice despatched by those gentlemen to the court of St. Germain's, assisted many Jacobites in repairing to France, helped to conceal others that came from that kingdom; and that all those persons told him they were furnished with money by sir John Friend, to defray the expense of their expeditions. His testimony was confirmed by other infamous emissaries, who received but too much countenance from the government. Blank warrants were issued, and filled up occasionally with such names as the informers suggested. These were delivered to Aaron Smith, solicitor to the treasury, who with messengers accompanied Lunt and his associates to Lancashire, under the protection of a party of Dutch horse-guards commanded by one captain Baker. They were empowered to break open houses, seize papers, and apprehend persons, according to their pleasure; and they committed many acts of violence and oppression. The persons against whom these measures were taken, being apprized of the impending danger, generally retired from their own habitations. Some, however, were taken and imprisoned; a few arms were secured; and in the house of Mr. Standish, at Standish-hall, they found the draft of a declaration to be published by king James at his landing. As this prosecution seemed calculated to revive the honour of a stale conspiracy, and the evidences were persons of abandoned characters, the friends of those who were persecuted found no great difficulty in rendering the scheme odious to the nation. They even employed the pen of Ferguson, who had been concerned in every plot that was hatched since the Rye-house conspiracy. This veteran, though appointed housekeeper to the excise-office, thought himself poorly recompensed for the part he had acted in the revolution, became dissatisfied, and upon this occasion published a letter to sir John Trenchard on the abuse of power. It was replete with the most bitter invectives against the ministry, and contained a great number of flagrant instances in which the court had countenanced the vilest corruption, perfidy, and oppression. This production was in every body's hand, and had such an effect upon the people, that when the prisoners were brought to trial at Manchester, the populace would have put the witnesses to death had they not been prevented by the interposition of those who were friends of the accused persons, and had already taken effectual measures for their safety. Lunt's chief associate in the mystery of information was one Taaffe, a wretch of the most profligate principles, who, finding himself disappointed in his hope of reward from the ministry, was privately gained over by the agents for the prisoners. Lunt, when desired in court to point out the persons whom he had accused, committed such a mistake as greatly invalidated his testimony; and Taaffe declared before the bench, that the pretended plot was no other than a contrivance between himself and Lunt in order to procure money from the government. The prisoners were immediately acquitted, and the ministry incurred a heavy load of popular odium, as the authors or abettors of knavish contrivances to insnare the innocent. The government, with a view to evince their abhorrence of such practices, ordered the witnesses to be prosecuted for a conspiracy against the lives and estates of the gentlemen who had been accused; and at last the affair was brought into the house of commons. The Jacobites triumphed in their victory. They even turned the battery of corruption upon the evidence for the crown, not without making a considerable impression. But the cause was now debated before judges who were not at all propitious to their views. The commons having set on foot an inquiry, and examined all the papers and circumstances relating to the pretended plot, resolved that there was sufficient ground for the prosecution and trials of the gentlemen at Manchester; and that there was a dangerous conspiracy against the king and government. They issued an order for taking Mr. Standish into custody; and the messenger reporting that he was not to be found, they presented an address to the king, desiring a proclamation might be published offering a reward for apprehending his person. The peers concurred with the commons in their sentiments of this affair; for complaints having been laid before their house also by the persons who thought themselves aggrieved, the question was put whether the government had cause to prosecute them, and carried in the affirmative, though a protest was entered against this vote by the earls of Rochester and Nottingham. Notwithstanding these decisions, the accused gentlemen prosecuted Lunt and two of his accomplices for perjury at the Lancaster assizes, and all three were found guilty. They were immediately indicted by the crown for a conspiracy against the lives and liberties of the persons they had accused. The intention of the ministry in laying this indictment was to seize the opportunity of punishing some of the witnesses for the gentlemen who had prevaricated in giving their testimony; but their design being discovered, the Lancashire men refused to produce their evidence against the informers; the prosecution dropped of consequence, and the prisoners were discharged.