the want of better regulations for the fale of cattle, in open markets.

In fupport of this opinion, they informed the parliament of a method now practifed, of buying large quantities of fheep and oxen upon the road to market in order to fore

ftall the market of that day and fix the price by the will of a few engroffers; and of another fpecies of foreftalling, in which perfons buy great numbers of fheep and oxen, and, after flaughter, fell the carcaffes whole to the leffer butchers, and thereby fet the market price to them, and advance the retail price. And all the witneffes concurred, in declaring, that, if these combinations and arts for gaining and keeping the command of the markets in a few hands could be obviated and prevented, the fummer and winter price of meat, of all forts, would be more reafonable.

They were clearly of opinion, that, at this very time, there is no want of fat cattle; and they urged with great force, in fupport of that judgment, that through the whole month of March, when provifions have been fo very dear in London, beef, mutton, and veal, have been at a moderate and ufual price in the markets of the feveral counties within thirty miles round the metropolis.

Notwithstanding this fhameful capitulation, extorted and figned by the means of violence and rigour, general Draper ordered or fuffered the city to be facked and pillaged, for forty hours, by four thousand English, who plundered it of more than a million of dollars.

Therefore the faid capitulation ought to be void, because it was figned by force; and because general Draper first violated and broke the capitulation, by permitting the city to be pillaged: confequently, that capitulation only, which was propofed by the gover. nor, accepted of, and figned by admiral Cornifh, and general Draper, upon the feventh of October, ought to be confidered and respected in this affair.

The firft article of which, grants to the inhabitants of Manilla the peaceable quiet poffeffion of all their effects; the fourth and

fixth, liberty of commerce, under the protection of his Britannic majesty.

Refutation, &c.

It is a known and univerfal rule of war among the most civilized nations, that places taken by ftorm, without any capitulation, are fubject to all the miferies that the conquerors may choose to inflict.

Manilla, my lord, was in this horrid fituation ; of confequence, the lives of the inhabitants, with all belonging to them, were entirely at our mercy. But chriftianity, humanity, the dignity of our nation, and our own feelings as men, induced us not to exert the utmost rigour of the poffeffion, against thofe wretched fuppliants; although my own fecretary, lieutenant Fryar, had been murdered, as he was carrying a flag of truce to the town. The admiral and I told the archbishop and principal magiftrates, that we were defirous to fave fo fine a city from deftruction, ordered them to withdraw, confult, and propofe fuch terms of compenfation as might fatisfy the fleet and army, and exempt them from pillage, and its fatal confe

quences.

The propofals they gave in were the very fame, which the Spaniards moft artfully call a fecond capitulation; and were af terwards agreed to, and confirmed by us (with a few restrictions); but at that time were fo unfuitable to their defperate fituation, that we rejected them as unfatisfactory and inadmiffible. As conquerors, we took the pen, and dictated

thofe terms of the ransom which the Spaniards thought proper to fubmit to for they had the alternative, either to be paffive under the horrors of a pillage, or compound for their prefervation; they accepted the latter.

The objection and pretence of force and violence may be made ufe of to evade any military agreements whatfoever, where the two parties do not treat upon an equality; for who, in war, will fubmit to an inconvenient and prejudicial compact, unlefs from force? But have the Spaniards forgot their own hiftories? Or will they not remember the just indignation expreffed against Francis the Firft, who pleaded the like fubterfuge of force and violence, to evade the treaty made after the battle of Pavia, and his captivity?

Should fuch elufive doctrines prevail, it will be impoffible, hereafter, for the vanquished to obtain any quarter or terms whatfoever: the war will be carried on usque ad internecionem; and if a fovereign fhall refufe to confirm the conditions ftipulated by the fubjects, who are in fuch critical fituations, the confequences are too horrid to mention.

By the fame fallacious fophiftry, a ftate may object to the payment of the ranfoms of fhips taken at fea, and to contributions levied in a country which is the feat of war. But it is always allowed that, in fuch cafes, a part must be facrificed to fave the whole; and furely, when by the laws of war we were intitled to the whole, it was a great degree of moderation, to be contented with a part.

The deftruction that we could

have occafioned, would have trebled the lofs they fuffer by the payment of the ranfom. The rich churches and convents, the king of Spain's own palace, with its fuperb and coftly furniture, the magnificent buildings of every fort, the fortifications, docks, magazines, founderies, cannon, and, in fhort, the whole might have been entirely ruined, the Spanish empire in Afia fubverted, and the fruits of their religious miffion loft for ever, together with the lives of many thousands of the inhabitants, who were spared by our humanity. As a fuitable and grateful return for this lenity,the Spanish memorial affirms, that after the capitulation was figned, general Draper ordered, or permitted, the city to be facked or pillaged for forty hours together, by four thoufand English, who plundered it of more than a million of dollars.

As my own character, both as an officer and a man of honour, is fo wickedly attacked by this unjuft accufation, I muft beg leave to ftate the whole affair in its true light; and do appeal for its veracity to the teftimonies of every. officer and foldier who ferved in the expedition, and to all the marine department.

We entered Manilla by ftorm, on the fixth of October, 1762, with an handful of troops, whofe total amounted to little more than two thoufand; a motley compofition, of feamen, foldiers, feapoys, caffres, Jafcars, topafees, French and German deferters.

Many of the houses had been abandoned by the frighted inhabitants, and were burft open by the

violence of fhot, or explosion of fhells. Some of these were entered and pillaged. But all military men know how difficult it is to reftrain the impetuofity of troops in the first fury of an affault, efpecially when compofed of fuch a variety and confufion of people, who differed as much in fentiments and language, as in dress and complexion.

Several hours elapfed, before the principal magiftrates could be brought to a conference; during that interval the inhabitants were undoubtedly great fufferers. But, my lord, this violence was antecedent to our fettling the terms of the capitulations; and by the laws of war, the place, with all its contents, became the unquestionable property of the captors, until a fufficient equivalent was given in lieu of it. That feveral robberies were committed, after the capitulation was figned, is not to be denied: for avarice, want, and rapacity, are ever infatiable: but that the place was pillaged for forty hours, and that pillage authorifed and permitted by me, is a moft falfe and infamous affertion. The people of Manilla, my lord, have impofed upon their court by a representation of facts which ne ver existed; and to make fuch a groundless charge the reafon for fetting afide and evading a folemn capitulation, is a proceeding unheard of till now, and as void of decency as common sense,

The following extracts from the public orders, given out the very day we entered the town, will fufficiently convince your lordship, of my conftant attention to the preservation of those ungrateful

people

people; who have almoft taught me to believe, that humanity and compaffion are crimes.

Extracts.

October 6th, Manilla. "The utmost order and regularity to be observed.

All perfons guilty of robberies, or plundering the churches and houses, will be hanged without mercy.

The guards to fend frequent patroles both day and night, to prevent diforders.

The drummers to beat to arms, the officers to affemble with their men, and call the rolls.

The adjutants to go round the town, and take an exact account of the fafe-guards, pofted for the protection of the convents, churches, and houses."

October 7th.

"All the inhabitants of Manilla are to be looked upon and treated as his Britannic majefty's fubjects: They having agreed to pay four millions of dollars, for the ranfom and prefervation of their city and effects.

The criminals executed for robbery and facrilege, to be buried at funfet."

Memorial of Charles Howard, Esq; of Greystock, and Miss Frances Howard, of the family of Norfolk, in England; presented to the British ambassador at Paris, concerning a claim of theirs to the effects of a relation who died in France. Translated from the French.

nation, do, by the good offices of the ambaffador, claim the execution of the XIIIth article of the treaty of Utrecht, and of the declaration of 1739, by both which the fubjects of Great Britain are allowed to fucceed to the perfonal eftates of their relations deceased in France; in the fame manner as the fubjects of the most chriftian king are authorised to inherit the like estates of their relations dying in England.

Thefe laws have been executed, in this particular, with the utmost exactnefs on the part of the Englifh.

They can bring the most authentic proofs, and are able to maintain by a number of examples, which have happened even during the late war, that this execution has been totally in favour of the French; infomuch that, even when there was no precife law. upon this point, the ufage alone, which was practifed in England, was fufficient to give this nation a right to exact from France a reciprocality which is founded on the right of nature and nations. It is by the favour of these different titles, that Mr. and Mifs Howard prefume to demand their part of a fucceffion to the perfonal estate of their uncle, who died in France: and yet the judges of the Chatelet, before whom their claim was at firft carried, have not judged proper to admit it; and their fentence has been confirmed by an arret.

It was difficult to conceive what could be the motives for fuch fingular decifions; efpecially if it be confidered, that the fucceffion in question was open before the

Mr. and Mifs Howard were in England

:

England at the time they received the news, by a letter from their attorney. If they can believe this letter, the judges were determined against them, for two powerful reafons, which were propofed by the king's advocate to the Chatelet ; the one, that the treaty of Utrecht, on which they founded their claim, had not been registered in parliament the other, that the argument does not hold good, of the French being admitted to fucceed to the perfonal estates of their relations who die in England; because that admiffion is not founded, say they, on the treaty of Utrecht, but on the conftitution of that kingdom, which admits to that kind of fucceffion other foreigners, equally with French; whereas, according to the conftitution of France, they cannot be allowed there but, by virtue of a naturalization, or of a particular treaty, duly registered.

Although this was fufficiently refuted by the words of the treaty of Utrecht, and the declaration of 1739, which makes no diftinction in the reputed quality of relations, according to which they ought to fucceed; nevertheless, to fet it more effectually afide, the late M. Simon de Mofart, who was charged with the defence of Mr. and Mifs Howard, thought proper to have it confulted in England, in order to know what was the custom there in this cafe. The cafe was at firft ftated in this manner :

If an Englishman born happens to die in England, without children, and inteftate, and having relations born, and always refiding in France, it is afked, Will they be intitled to partake the fucceffion to the perfonal eftate of the de

funct, equally with his relations in the fame degree of kindred, born and educated in England?

The anfwer given to this queftion was conceived in the following manner :

The council having confidered, is of opinion, that, in confequence of the ftatutes of diftribution, the relations born in France have the fame right to perfonal eftates as those born in England.

This anfwer not having entirely fatisfied the French advocate, in that it only spoke of the ftatute of diftribution, and not of the treaty of Utrecht, the execution of which was the principal debate in this caufe; he resumed the enquiry, and défired that the English council would give his opinion upon the following queftion: it is asked,

How do they in England underftand and execute the XIIIth article of the treaty of Utrecht ? and if, in confequence of this treaty, a Frenchman living in France could fucceed to an Englifhman, his relation, dying in England, being equally related with the English heirs of the deceafed refiding in England? and what are the reafons upon which the English ground their admiffion of the Frenchman to fucceed with the others?

The following is the next anfwer, which was fent from England:

The ufage of England is exactly agreeable to the XIIIth article of the treaty of Utrecht; the French relations being admitted to fucceed, equally with English relations in the fame degree of kindred, to the perfonal eftate of an inteftate dying in England. The

law