pitch at "the obstinacy, ignorance, and pride" of those who had the direction of the war. "No mobbed fox," remarks Colonel Calvert, "was ever more put to it to make his escape than we were, being at times nearly surrounded." From this time the face of affairs was completely altered. The French pressed onwards with well-continued energy. The Austrian generals, paralysed and disconcerted, seemed to lose all power of combined action. Here and there attempts were made to stem the surging torrent which France poured over the devoted land, but they were ill-concerted and partial, and in the end were totally unsuccessful. In three short days (writes Col. Calvert, on the 4th July, 1794) we have lost, without firing a shot, Marchiennes, Orchies, Tournay, Oudenarde, Ghent,-in short everything except Valenciennes, Quesnoy, and Condé, between Brussels and the French frontier. We retired in obedience to the Prince of Cobourg's orders, and he says the enemy's force in bis front was such as to leave him no al. ternative. So much for the acquisition procured by the expenditure of so much labour, blood, and treasure last year. So many concurring circumstances exist, that I can hardly help adopting the idea universally credited throughout this country, and pretty generally in the army, that some foul play, and some very dark designs, exist in a certain quarter. On the 22nd July we learn At length the coup de grace is given to the imperial dominion in the Netherlands, and probably not a foot of these countries will remain to the House of Austria in eight-and-forty hours. The day before yesterday his Royal Highness learnt with much surprise and indignation that the Prince of Cobourg was withdrawing with his whole force, and marching on Maestricht. Thus then were the British and the Dutch left to themselves. The Austrians, it has since appeared, had entered into a secret understanding with the French government to abandon Flanders to their mercy, and leave Holland and the English to fare as they could. And this was at a time when the Austrians were positively receiving an English subsidy. The position of the armies had now returned pretty nearly to what it was on the entry of the English into Holland; but then the English were fresh and in high spirits, now they were dispirited by a long retreat. Then, too, they had the active co-operation of the other allies on the flank and rear of the French army; now, deserted by their allies, it rested with the British alone to stem the torrent of the advancing enemy. As to the Dutch, it was obvious that no reliance could be placed upon them. The surrender of Valenciennes and Condé completed the evacuation of Flanders by the Austrians, and left the French at liberty to advance in full force against the British, which they immediately did. At various successive points the British made a stand; but overpowered by numbers-the French opposed to them now amounting to 80,000 men-they were compelled to retreat from the Scheldt to the Aa, and again to the Meuse at Grave, to the Waal at Nymeguen, and to the Yssel at Arnheim. There, with detachments stationed at various important outlying points in the neighbourhood, the British troops betook themselves, as they supposed, into winter quarters; and, acting on that supposition, on the 2nd December the Duke of York left them for England, intending to return before the opening of the next campaign. Count Walmoden took the command in the absence of the Duke. And now ensued the most surprising portion of this unfortunate campaign. Winter set in with unusual severity. The rivers in Holland were frozen hard enough to bear the crossing of troops and the transport of artillery. The whole country lay open to the French. The rivers, canals, and morasses, which in that country are the only natural protection of the towns, ceased to shelter them. Pichegru took advantage of these extraordinary circumstances. He advanced upon the ice from town to town, and was everywhere received with open arms. So intense was the frost that he was even enabled to capture with his cavalry ships of war lying in the middle of rivers, but frozen in. The Stadtholder fled to England, and the fate of the British troops is thus related by the Editor : The British army, under Count Walmoden and Sir David Dundas and General Abercromby, retreated out of Holland, crossing Guelderland and Over Yssel during the rigours of a most inclement winter. It was a march of fearful suffering, and not alleviated by any friendly sympathy or aid from those whose country we had sought to defend. The Dutch peasantry inhabiting those dreary and inhospitable provinces were enemies more cruel to our exhausted soldiers than the victorious French army who harassed and pursued them. But the retreat testified to the admirable discipline, as well as the courage of the British. Excesses were committed by some foreign battalions in British pay, which brought us some undeserved discredit, and by the French emigrants who accompanied our retiring army; but our own regiments maintained their discipline unshaken by reverse, and the rearguard was often formed by the 33rd Regiment, under the command of Colonel Wesley On February 12, the main body of the British army crossed the Ems at Rheine, and reached Bremen on March 27 and 28. On April 10 they embarked for England. The Colonel Wesley who is mentioned in this last extract as being in command of the 33rd, was the late Duke of Wellington. The Editor informs us in a previous page that he was told by his father, that he rode up and delivered to the Duke, then Lieut.Colonel Wesley, in command of the 33rd, his orders the first time he went into fire, which the Editor believes to have been on the occasion of a night attack by the enemy on the Duke's outpost at Boxtel. Our extracts sufficiently prove the nature of this book. As Aide-de-camp to the Commander-in-chief, Colonel Calvert had eminent facilities for observation and knowledge, and what he knew is imparted in a pleasant, free and easy way. The result is certainly exculpatory of the Duke of York, and proves the entire inaccuracy of the comments of Jomini, and the other writers who have taken their tone from him. CORRESPONDENCE OF SYLVANUS URBAN. Counsels' Fees and Lawyers' Bills-Shops in Westminster Hall-The Family of Phipps-Mr. John Knill of St. Ives-Antiquity of the mysterious word "Wheedle." COUNSELS' FEES AND LAWYERS' BILLS. MR. URBAN,-In support of F. M. N.'s "Historical Notes on the retaining of Legal Counsel," (Gent. Mag. July, p. 36) I send you some few selections from MS. sources. I am not aware whether the legal gentlemen themselves are well able to trace the variations in their remuneration; but, no doubt, a great deal of evidence might be collected, the comparison of which would present some curious results. VIII., and died s. p. in the twenty-eighth year of his father's reign. The next bearer of the title was Lodovick Duke of Lenox, &c. in the reign of James I., but the MS. is of the earlier period. This is confirmed by one of the names, Serjaunt Fayrefax" being among the list of persons given by Dugdale (Orig. Judic. p. 114, cap. xliv.) as those who were newly-made serjeants in Trinity Term, 13 Hen. VIII. Henry Duke of Richmond is said to have been a young man of good acquirements and great promise; and certainly this paper shews that his legal establishment was on a very extensive scale, and very liberally paid and provided for. Indeed the large amount of the "waiges" is quite remarkable; unless the persons so paid were the great officials of the "Honor." The first MS. relates to the counsel regularly retained by the Duke of Richmond. It is without date, but to all appearance of the middle of the sixteenth century. It may therefore be considered as relating to the establishment of Henry, the natural son of Henry VIII. by Eliza. beth Blount, who was created Duke of Richmond and Somerset 18 June, 17 Hen. The yerely flees of the laite Duke of Richemondes counsaill with the allowance of them selfes and there servantes joring* and sitting in the causes of justyce as here after followith: * Qu. for "jouring," i. e. juring, swearing, &c. See Halliwell. Every of theis hadde iiijs by the day for hym selfe, and xijd for every of ther servantes in the tyme of jory ng or setting in the causes of justyce. Every of theis hadde ij" by the daye for hym selfe, and xijd for every of there ser vauntes. Every of theis hadd lyveres to there chamber as followith, fyrst, there brekefast, one loffe, one manchet, a gallon of bere, and a pece of beffe; and at nyght, one loffe, one manchet, a gallon of bere, a quarte of wyne, di' lb. [half a pound] of white lyghtes, ij sysses, and iiij falgottes. I have made a few extracts, bearing upon the subject. The scale of fees is generally higher than those referred to by F. M. N. Among the miscellaneous papers and proceedings of the Court of Wards and Liveries, there are numerous "bills of costs" and other memoranda, from which In the "bill of costes and charges susteyned by Hunfrey Monmouth at the sute of John Clyfford and Elizabeth his wife," anno 24 Eliz., is the following entry :— Item, for reteynyng of lernyd counsell, that is to saye, iij serjeauntes and three prentesys This occurs for six consecutive terms. In a long bill of costs in a suit between Henry Lord De la Warr, plt, and Richard Fynch, &c. defts, are the following items to which exception is taken, upon the bill being taxed. It is dated 1 Charles I. Item, for the soliciters ffees for attendinge the prosecution of the cause and his great paines therin . xl' (In the margin.) Not usually allowed. (A similar entry, with the same terms of exception, occurs several times.) * Item, for a mocion for an order for the commission to examine witnesses (In the margin.) This either was or might have beene moved by ye plis attorney, and, though by councell, a less fee usuall. Item, for a mocion for publicacion and an order thereuppon of 31° May xxiij (In the margin.) This might have been moved by ye plts attorney att a farr less chardge. Item, to Mr. Wansford for a mocion for publication (In the margin.) This ys usually prayed without fee. Item, for Mr. Serjeante Crewes fees for the daye of heareinge Item, to Mr. Serjeante Damport Item, to Mr. Serjeante Ashley Item, to Mr. Serjeant Richardson Item, to Mr. Mason (In the margin.) Larger fees than usually allowed. In another bill of the thirteenth year of the same reign, there is a general disallowance of the "sollicitors ffee" of 68. 8d. with the marginal note "Noe such fee i. e. sizes; things assessed or assized. Halliwell, s. v. sise. iiij' iiijli iiij due." The whole bill amounted to 46l. 148. 2d., and the plaintiff's attorney excepts to 341. 88. of that sum. Among the accounts of the household In this case wax tapers or candles. See expenses of Lord Bayning occur the following entries : "January, 1632. Paid for a bason and yewre that was given to Sr Walter Pye, and ffor 3 creame bowle candlestickes that was given to Sr Robert Naunton, all by my ladyes order, ffor New Yeares giftes, ffor the greate care they have had and taken for my lordes busines, bought by Mr. Vinor, and cost 567. 10s." Sir Robert Naunton was the Master of the Court of Wards, and Sir Walter Pye its Attorney-General. Great pomp was then displayed in the Bayning household, and its expenditure was very large in every way. A regular "counsellor" was maintained, witness the entry. But this handsome "general retainer " was not all; there are ocasional entries like the following. "December, 1633. Paid to Mr. Chute, the counsellor, for a gratefication, by my lord's order, for his great paynes and care extraordinary on my lord's business, &c. 201." In January, 1634, the attorney of the Court of Wards again obtained a New Years's gift in the shape of "3 large creame bowle candlestickes, weighing 109 oz. 13 dwts." for "having a care to my lordes busines;"' these, at 5s. 6d. the oz., came to 307. 3s. 7 d. In the two following entries, in another case, the marginal objections were made on taxing the bill, and, having the effect of reducing one amount and getting rid of the other, the statements made in them may be assumed correct. "June 24, 1633. Paid to Mr. Challoner Chute, the counsellor, ffor one quarter of a yeares allowance ffor his council and helpe in our law business, according to an agreement with him, the some of 127. 10s." Charges to be allowed unto Phillip Watson, gen', by Ralphe Beale, et al', secundum ordinem xijo Junii, 1640: Item, to Mr. Attorney-Generall and to Mr. Watson for attendeinge at the £ s. d. heareinge upon the former orders 2 10 0 (In the margin.) 10s. sufficient, in respect of ye former fee for attendance, Mr. Attur. not being present. 208. allowed. Item, to Mr. Attorney-Generall for maynetayneinge of the sayd order the next daye, it beinge opposed by Mr. Recorder of London, Mr. Byshe, Mr. Cole, and Mr. Duncombe 300 (In the margin,) Mr. Attur. had noe fee this day, comeing into cort upon other busines, y mocion being made by ye defts.-Disallowed. Connected in some degree with this subject, is the following bill of the deputy usher of the court, which presented itself to me when putting together the preceding extracts. Such bills are very numerous, having been regularly made out for every Term. Among them occasionally occur some interesting items relating to the fitting up and alteration of the court, which, it will be remembered, was one of the halls of the ancient Palace of Westminster, at the end of the Great Hall. The items relating to the dinners and other refreshments which were supplied to the officials of the court, occur regularly, varying of course in amount. Termino Trinitatis, Anno Domini 1631. Peticions of William Johnson, Deputy Usher of his Maties Court of Wardes and Liveries : Imprimis for pens, inke, and paper ffor standishes ffor matting the court rounde ffor haye and provender £ s. d. 3 10 0 90000TOO∞ . 2 0 2 0 6 10 0 6 0 13 4 068 THE SHOPS IN WESTMINSTER HALL. MR. URBAN,- Mr. Cunningham, in his Handbook of London, has not failed to notice that, of olden time, "Besides the Law Courts, a part of Westminster Hall was taken up with the stalls of booksellers and sempstresses, the rents and profits of which belonged of right to the Warden of the Fleet," as stated in Strype's edition of Stowe's Survay, Book iii. p. 280. In illustration of the shops having been occupied by sempstresses, he quotes two lines of the Epilogue to Wycherley's "Plain Dealer ": "In Hall of Westminster "Sleek sempstress vends amidst the Courts her ware;" and a longer passage from Tom Brown's "Amusements," &c. 1700, in which it is stated, "On your left hand you have a nimble-tongued, painted sempstress, with her charming treble, invite you to buy some of her knick-knacks, and on your right a deep-mouthed cryer, commanding impossibilities, viz. silence to be kept among women and lawyers." This describes the situation of the shops or stalls as ranged along the blank wall on the southern side of the Hall. Some years later, they occupied not only the whole of that side, but such portion of the other as was not occupied by the Court of Common Pleas, which then sat within the Hall itself, as did the Chancery and King's Bench at its further end. There is a print of the interior of Westminster Hall during term-time, delineated by Gravelot, in which this arrangement is represented.* In regard to the booksellers' stalls, Mr. Cunningham remarks that the duodecimo volume of Sir Walter Raleigh's Remains was printed in 1675 "for Henry Mortlock at the Phoenix in St. Paul's Churchyard, and at the White Hart in Westminster Hall." This shows that a city bookseller would also occupy a stall in Westminster Hall, probably during term-time only. Mortlock had an eye to the architectural decorations of the Hall, when he adopted the White Hart of Richard the Second for his sign. A much earlier example of books being sold in Westminster Hall was given in your Magazine for May 1848, in the case of one of the copies of the Legenda Aurea, which was either bequeathed to the parish of St. Margaret, Westminster, by Caxton himself, or given by his executors. It is also there noticed that Machyn's Diary records that in the year 1556 a boy "that sold papers and printed books" was killed in Westminster Hall by being hit under the car with a stone thrown by "a hosier's son above London Stone." The young bookseller was a poor scholar of Westminster School. The booksellers' shops were still maintained in the reign of George the Second. Mr. John Stagg, who died in 1746, is described as "of Westminster Hall, Bookseller," on his monumental tablet in the Abbey cloisters. The following Petition is preserved among Miss Banks's collectanea in the British Museum. It has no date affixed to it, but I conjecture that it either relates to the Coronation of William the Third, from the assurances proffered of the perfect Protestantism of the Petitioners, or, as there is no mention of the Queen, which we might certainly expect at that time, it may belong to the Coronation of King George the First, and the true Protestant succession of the House of Hanover : To the King's most Excellent Mat1. Most Humbly Sheweth, That, Whereas Your Petic'oners have ever behaved themselves most dutifully to Your Matie and the Government, being all of us Protestants: And that it now so happens that our Shops are intirely boarded up and useless by the Preparations made for Your Males most happy Coronation, for which damage in their Trades some Consideration hath heretofore been allowed: And there being Leads, and the Outsides of the Windowes, of the West side of the Hall not Employed for Your Majesties Service, Your Petic'oners therefore most humbly Implore Your most Gracious And Your Petic'oners, as in duty bound, shall ever Pray for Your Yours, &c. J. G. N. There is a small copy of this print in Brayley's Londiniana, which is inscribed as representing the Hall "about 1770,"-by error for 1730. |