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does not appear whether they were reftored on demand or on fupplication; nor can it be found that any reftitution was made of their goods, or was required a fecond time. The three men who are mentioned in the first paper feem to be different from thofe mentioned in the other, of whofe fate there is no account.

He next mentions an affertion of the fame author relating to the lands on the Ohio, but does not quote the paffage, nor does the answer contain any facts of much importance.

In the next pages of this pamphlet, is a pompous detail of the fhips, which under the command of different admirals went out, did nothing, and came home to be refitted. Some reasons are indeed given why they did nothing, while our enemies did every thing. It is very poffible to be unfortunate, but it is full as common to be foolish and dishoneft.

In one of his pages he just mentions the invafion with which we were threatened in the beginning of the year, over which, however, be chufes to throw a total veil. Surely he would not have us forget the alarm which frighted fome of our women to ftrong waters, and our parliament to Hanoverian troops. Let us not forget the flat-bottomed boats, built, I fuppofe, in the clouds, and and now loft in the clouds again. Again, let us not forget, that when any nation is to be fleeced, it is first to be frighted.

The latter part of this pamphlet relates to the cafe of the unfortunate Byng, whom he treats, as the other minifterial writers have treated him, with the utmost malevolence. He firft begins with telling us, in a

manner

manner very little fatisfactory, why more ships were not fent to Minorca. After Byng's fquadron, and others were fent out, we had but thirty four fhips fitted and manned, of which it was now judged indifpenfably neceffary to have nineteen cruising before Brest and Rochfort. This is nothing, the queftion is, whether fuch judgment was right. Of the other fifteen he gives no account. The whole of his argument is this, that more fhips were not fent to Minorca, because they were at fome other place; for what reafon they were at a place where they were lefs needed he has not informed us. He then tells us that Byng's fleet was remarkably well manned and equipped, and that the French fleet carried only the fweepings of Toulon, old men paft fervice, or boys not yet grown up to it. I will not positively deny what I do not certainly know to be falfe, but as a writer of this kind has no claim to credit on his own word, he fhould have told us by what intelligence he knows it to be true. The French feldom want men, a few practifed feamen were fufficient for fuch a fhort and fafe navigation, and the reft of the crew might eafily be fupplied. I am therefore apt to fufpect that he has diftributed youth and age according to his pleasure.

He goes on in the ftile of his brethren to tell us, that the difgrace of the British flag, and the fatal difafters conJequent on that difgrace, were the effort of ONE MAN's. But let the juflice of the nation give it a name.

To name a crime is eafy. If Byng be criminal, there are but two names for his crime, it was either treachery or cowardice. The crime of a writer of falfhood is either malice or proftitution. I accufe this writer of

neither,

neither, but as I am very ambitious of imitating every one who has intimacies with men of power, will leave the justice of the nation to give a name to the man who declares that Byng could not only have relieved fort St. Philip, though he had but one regiment on board, who were in the battle to serve him as marines, and was called back even from obferving the place by a fuperior fleet, but that he might have brought back a marshal of France, and his army prifoners.

To what has been faid already on the cafe of Mr. Byng, I fhall add,

That his enemies have, fince the appearance of his defence, endeavoured to change the state of the question. That the moft forward of the minifterial writers dare no longer charge him as the lofer of Minorca.

That the only question now is concerning his conduct in the battle.

That this is a queftion relating no otherwife to the nation, than as the nation is interested in the discipline

of the navy.

That by his cowardice, if we prejudge him a coward, he loft no ground, for Minorca could not be faved; no fhip, for he brought his whole fleet away; no honour, for the enemy retired before him.

That if Byng's general character be infamous, thofe must share the infamy, that felected him for an undertaking fo important.

That Byng has been treated fince his return with indignities and feverities, neither decent nor needful. That papers have been induftriously given away to inflame the populace against him.

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That fince the profecution of Laud, no fuch zeal for vindictive justice has been ever fhewn.

That from fuch diligence of perfecution there is reafon to believe there are fome latent enemies interested in the accufation, who defame him that he may be lefs invidiously destroyed.

That whatever be the fate of Byng, the justice of the nation ought to hunt out the men who loft Minorca.

.CON

CONSIDERATIONS

ON THE CASE OF

I.

DR. T[RAPP]'s SERMONS*,

Abridged by Mr. CAVE, 1739.

•THAT the copy of a book is the property of the author, and that he may, by fale or otherwife, transfer that property to another, who has a right to be protected in the poffeffion of that property, fo transferred, is not to be denied.

2. That the complainants may be lawfully invested with the property of this copy, is likewife granted.

3. But the complainants have miftaken the nature of this property; and, in confequence of their mistake, have fuppofed it to be invaded by an act, in itself legal, and justifiable by an uninterrupted feries of precedents,

* Dr. Trapp, it will be recollected, was a popular preacher; and, about the year 1739, when Methodifm might be faid to be in its infancy, preached Four Sermons "On the Nature, Folly, Sin, and Danger, of being righteous over-much;" which were publifhed by Auften and Gilliver, and had an extenfive fale. Mr. Cave, ever ready took an extract from

to oblige his readers with temporary fubjects, them, and promised a continuation, which never appeared; fo that it was either stopped by a prosecution, or made up by other means. Op all difficult occafions Johnson was Cave's oracle. And the before us was certainly written on that occafion. Gent. Mag. July 1787.

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