396 ([return])
[ Note 3 G, p. 395. It likewise imported, that all contracts or agreements made between clothiers and weavers in respect to wages, should, from and after the first of May, in the year one thousand seven hundred and fifty-seven, be valid, notwithstanding any rate established, or to be established; but that these contracts or agreements should extend only to the actual prices or rates of workmanship or wages, and not to the payment thereof in any other manner than in money; and that if any clothier should refuse or neglect to pay the weaver the wages or price agreed on, in money, within two days after the work should be performed and delivered, the same being demanded, he should forfeit forty shillings for every such offence.]
401 ([return])
[ Note 3 H, p. 401. Admiral F..... s’s reasons for not signing the warrant for admiral Byng’s execution.
“It may be thought great presumption in me to differ from so great authority as that of the twelve judges; but when a man is called upon to sign his name to an act which is to give authority to the shedding of blood, he ought to be guided by his own conscience, and not by the opinions of other men.
“In the case before us, it is not the merit of admiral Byng that I consider; whether he deserves death or not, is not a question for me to decide; but whether or not his life can be taken away by the sentence pronounced on him by the court-martial, and after having so clearly explained their motives for pronouncing such a sentence, is the point which alone has employed my serious consideration.
“The twelfth article of war, on which admiral Byng’s sentence is grounded, says (according to my understanding of its meaning), ‘That every person, who, in time of action, shall withdraw, keep back, or not come into fight, or do his utmost, &c. through motives of cowardice, negligence, or disaffection, shall suffer death.’ The court-martial does, in express words, acquit admiral Byng of cowardice and disaffection, and does not name the word negligence. Admiral Byng does not, as I conceive, fall under the letter or description of the twelfth article of war. It may be said that negligence is implied, though the word is not mentioned, otherwise the court-martial would not have brought his offence under the twelfth article, having acquitted him of cowardice and disaffection. But it must be acknowledged that the negligence implied cannot be wilful negligence; for wilful negligence in admiral Byng’s situation, must have proceeded either from cowardice or disaffection, and he is expressly acquitted of both these crimes; besides, these crimes, which are implied only and not named, may indeed justify suspicion and private opinion, but cannot satisfy the conscience in case of blood.
“Admiral Byng’s fate was referred to a court-martial, his life and death were left to their opinions. The court-martial condemn him to death, because, as they expressly say, they were under a necessity of doing so by reason of the letter of the law, the severity of which they complained of, because it admits of no mitigation. The court-martial expressly say, that for the sake of their consciences, as well as in justice to the prisoner, they most earnestly recommend him to his majesty for mercy; it is evident, then, that in the opinions and consciences of the judges he was not deserving of death.
“The question then is, shall the opinions or necessities of the court-martial determine admiral Byng’s fate? If it should be the latter, he will be executed contrary to the intentions and meaning of his judges; if the former, his life is not forfeited. His judges declare him not deserving of death; but, mistaking either the meaning of the law, or the nature of his offence, they bring him under an article of war, which, according to their own description of his offence, he does not, I conceive, fall under; and then they condemn him to death, because, as they say, the law admits of no mitigation. Can a man’s life be taken away by such a sentence? I would not willingly be misunderstood, and have it believed that I judge admiral Byng’s deserts; that was the business of a court-martial, and it is my duty only to act according to my conscience; which, after deliberate consideration, assisted by the best light a poor understanding can afford it, remains still in doubt, and therefore I cannot consent to sign a warrant whereby the sentence of the court-martial may be carried into execution; for I cannot help thinking, that however criminal admiral Byng may be, his life is not forfeited by that sentence. I do not mean to find fault with other men’s opinions; all I endeavour at is, to give reasons for my own; and all I desire or wish is, that I may not be misunderstood; I do not pretend to judge admiral Byng’s deserts, nor to give any opinion on the propriety of the act. “Signed, 6th Feb. 1757, at the Admiralty, ” J. F..... S.”]
419 ([return])
[ Note 3 I, p. 419. “The Imperial grenadiers (says he) are an admirable corps; one hundred companies defended a rising ground, which my best infantry could not carry. Ferdinand, who commanded them, returned seven times to the charge; but to no purpose. At first he mastered a battery, but could not hold it. The enemy had the advantage of a numerous and well-served artillery. It did honour to Lichtenstein, who had the direction. Only the Prussian army can dispute it with him. My infantry were too few. All my cavalry were present, and idle spectators, excepting a bold push by my household troops, and some dragoons. Ferdinand attacked without powder; the enemy, in return, were not sparing of theirs. They had the advantage of a rising ground, of intrenchments, and of a prodigious artillery. Several of my regiments were repulsed by their musketry. Henry performed wonders. I tremble for my worthy brothers; they are too brave. Fortune turned her back on me this day. I ought to have expected it; she is a female, and I am no gallant. In fact, I ought to have had more infantry. Success, my dear lord, often occasions destructive confidence. Twenty-four battalions were not sufficient to dislodge sixty thousand men from an advantageous post. Another time we will do better. What say you of this league, which has only the marquis of Brandenburgh for its object? The great elector would be surprised to see his grandson at war with the Russians, the Austrians, almost all Germany, and an hundred thousand French auxiliaries. I know not whether it would be disgrace in me to submit, but I am sure there will be no glory in vanquishing me.”]
422 ([return])
[ Note 3 K, p. 422. This remarkable capitulation, which we shall give here at full length, on account of the disputes that rose shortly after, concerning what the French called an infraction of it, was to the following effect:—
His majesty, the king of Denmark—touched with the distresses of the countries of Bremen and Verden, to which he has always granted his special protection; and being desirous, by preventing those countries from being any longer the theatre of war, to spare also the effusion of blood in the armies which are ready to dispute the possession thereof—hath employed his mediation by the ministry of the count de Lynar. His royal highness the duke of Cumberland, general of the army of the allies, on the one part, and his excellency the mareschal duke de Richelieu, general of the king of France’s forces in Germany, on the other, have, in consideration of the intervention of his Danish majesty, respectively engaged their word of honour to the count de Lynar, to abide by the convention hereafter stipulated; and he, the count de Lynar, correspondently to the magnanimity of the king his master’s intention, obliges himself to procure the guarantee mentioned in the present convention; so that it shall be sent to him, with his full powers, which there was no time to make out in the circumstances which hurried his departure.
Article I. Hostilities shall cease on both sides within twenty-four hours, or sooner, if possible. Orders for this purpose shall be immediately sent to the detached corps.
II. The auxiliary troops of the army of the duke of Cumberland, namely, those of Hesse, Brunswick, Saxe-Gotha, and even those of the count de la Lippe Bucke-bourg, shall be sent home; and as it is necessary to settle particularly their march to their respective countries, a general officer of each nation shall be sent from the army of the allies, with whom shall be settled the route of those troops, the divisions they shall march in, their subsistence on their march, and their passports to be granted them by his excellency the duke de Richelieu to go to their own countries, where they shall be placed and distributed as shall be agreed upon between the court of France and their respective sovereigns.
III. His royal highness the duke of Cumberland obliges himself to pass the Elbe, with such part of his army as he shall not be able to place in the city of Stade; that the part of his forces which shall enter into garrison in the said city, and which it is supposed may amount to between four and six thousand men, shall remain there under the guarantee of his majesty the king of Denmark, without committing any act of hostility; nor, on the other hand, shall they be exposed to any of the French troops. In consequence thereof, commissaries, named on each side, shall agree upon the limits to be fixed round that place, for the convenieucy of the garrison; which limits shall not extend beyond half a league or a league from the place, according to the nature of the ground or circumstances, which shall be fairly settled by the commissaries. The rest of the Hanoverian army shall go and take quarters in the country beyond the Elbe; and, to facilitate the march of those troops, his excellency the duke de Richelieu shall concert with a general officer, sent from the Hanoverian army, the route they shall take; obliging himself to give the necessary passports and security for the free passage of them and their baggage, to the places of their destination; his royal highness the duke of Cumberland reserving to himself the liberty of negotiating between the two courts for an extension of those quarters. As to the French troops, they shall remain in the rest of the duchies of Bremen and Verden, till the definitive reconciliation of the two sovereigns.
IV.. As the aforesaid articles are to be executed as soon as possible, the Hanoverian army, and the corps which are detached from it, particularly that which is at Buck Schantz and the neighbourhood, shall retire under Stade in the space of eight-and-forty hours. The French army shall not pass the river Oste, in the duchy of Bremen, till the limits be regulated. It shall, besides, keep all the posts and countries of which it is in possession; and, not to retard the regulation of the limits between the armies, commissaries shall be nominated and sent on the 10th instant to Bremen-worden by his royal highness the duke of Cumberland, and his excellency the mareschal duke de Richelieu, to regulate, as well the limits to be assigned to the French army, as those that are to be observed by the garrison at Stade, according to Art. III.
V. All the aforesaid articles shall be faithfully executed, according to their form and tenor, and under the faith of his majesty the king of Denmark’s guarantee, which the count de Lynar, his minister, engages to procure.
Done at the camp at Closter-Seven, 8th Sept. 1757. (Signed) WILLIAM.
SEPARATE ARTICLES. Upon the representation made by the count de Lynar, with a view to explain some dispositions made by the present convention, the following articles have been added:—
I. It is the intention of his excellency the mareschal duke de Richelieu, that the allied troops of his royal highness the duke of Cumberland shall be sent back to their respective countries, according to the form mentioned in the second article; and that, as to their separation and distribution in the country, it shall be regulated between the courts, those troops not being considered as prisoners of war.
II. It having been represented that the country of Lunenberg cannot accommodate more than fifteen battalions and six squadrons, and that the city of Stade cannot absolutely contain the garrison of six thousand men allotted to it, his excellency the mareschal duke de Richelieu, being pressed by M. de Lynar, who supported this representation by the guarantee of his Danish majesty, gives his consent; and his royal highness the duke of Cumberland engages to cause fifteen battalions and six squadrons to pass the Elbe, and the whole body of hunters, and the remaining ten battalions and twenty-eight squadrons shall be placed in the town of Stade, and the places nearest to it that are within the line, which shall be marked by posts from the mouth of the Liche in the Elbe, to the mouth of the Elmerbeck in the river Oste; provided always, that the said ten battalions and twenty-eight squadrons shall be quartered there as they are at the time of signing this convention, and shall not be recruited under any pretext, or augmented in any case; and this clause is particularly guaranteed by the count de Lynar in the name of his Danish majesty.
III. Upon the representation of his royal highness the duke of Cumberland, that the army and the detached corps cannot both retire under Stade in eight-and-forty hours, agreeable to the convention, his excellency the mareschal duke de Richelieu hath signified, that he will grant them proper time, provided the corps encamped at Buck Schantz, as well as the army encamped at Bremen-worden, begin their inarch to retire in four-and-twenty hours after signing the convention. The time necessary for other arrangements, and the execution of the articles concerning the respective limits, shall be settled between lieutenant-general Sporcken, and the marquis de Villemar, first lieutenant-general of the king’s army. Done, &c]
433 ([return])
[ Note 3 L, p. 433. The letter, which was written in French, we have translated for the reader’s satisfaction:—“I am informed that the design of a treaty of neutrality for the electorate of Hanover is not yet laid aside. Is it possible that your majesty can have so little fortitude and constancy, as to be dispirited by a small reverse of fortune? Are affairs so ruinous that they cannot be repaired? I hope your majesty will consider the step you have made me hazard, and remember that you are the sole cause of these misfortunes that now impend over my head. I should never have abandoned the alliance of France, but for your flattering assurances. I do not now repent of the treaty I have concluded with your majesty: but I expect you will not ingloriously leave me at the mercy of my enemies, after having brought upon me all the force of Europe. I depend upon your adhering to your repeated engagements of the twenty-sixth of last month, and that you will listen to no treaty in which I am not comprehended.”]