Saturday, September 23. 1704.

Numb. 58.
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THE State of the Case between Emperor and the Hungarians, was by the last Review, brought to this; That the Germans, tho’ they were brought in to Assist them against the Turks, have Opprest them so much, and Treated them so Barbarously, that they now desire rather to submit to the Turk than to the German; and that they ought to have their Liberty.

I confess ’tis pity they that would be Slaves, should not be Gratifi’d with the Advantage of that Happy Condition; especially when they are brought so low, as to chose Turkish Slavery, which of all sorts of Bondage, was ever thought the worst.

But there are a great many Cases, wherein People have not a Right to dispose of themselves; and most of those particulars concur here.

As first; When a Nation that is a Barrier to another, will give it self over the Enemy, it has always been thought justifiable in the other Nation to seize on it by force, to prevent the Neighbourhood of a too powerful Nation: This has been the Case of Flanders, as to England and Holland, who have thought themselves oblig’d on all occasions, to prevent the Flemings falling into the hands of the French.

If the Hungarians are willing, like Mad-Men, to give themselves up for Slaves to the Turks; the Empire, without doubt, has a Right to forbid it; and to prevent the Turks Possessing the Frontiers of its own Provinces.

And therefore upon this Account, the Hungarians Calling in the Turks to their Assistance, the Emperor had an undoubted Right to prevent by Force, a Conjunction so fatal in its consequence to the whole Empire; what else is that we have made so much ado about in the World, call’d the Ballance of Power, for which People, States, and Kingdoms, have thought fit to break with one another; Raise Feuds, make War, Peace, and Confederacies, and justified all the Consequences from the general necessities of Nations?

Shall it be just for us to League against French Power? and shall it not be just for the Emperor of Germany to League against the Turkish, and Mahometan Power? If any particular Prince now in Europe should joyn his Forces with the French, or call the French into his Dominions, do we not immediately Declare War against him, and count it a sufficient Cause, that he may not strengthen the Enemy?

Some Examples may Illustrate this particular Case; the Duke of Wolfembuttle was in Treaty with France, to lend his Forces to the French King; without doubt the Duke had as much Title to dispose of his own Troops, as the Hungarians have to dispose of their own Liberty; and yet, to prevent this, the Princes of the House of Lunenbergh, immediately March their Armies, and Invade him, to force him to comply, and put His Forces into their Hands.

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Again, the Duke of Mantua admits the French into his Territories, for a Summ of Money; without doubt the Duke of Mantua had a Right to put himself and his Dominions into the hand of the French, as much as the Hungarians had to put themselves into the hands of the Turks.

The Elector of Cologn did the same, as the Duke of Bavaria, now the same; and for these single Cases the Confederacy Declares War against them all; shall the Hungarians, who are at least the Emperor’s conditional Subjects, call in the Barbarous Nations into their own Country, and shall it be Unlawful for the Emperor to have Recourse to Force to keep them out, and all under a Pretence, that every Man’s Liberty is in his own hand and he may be a Slave to whom he pleases?

It can never be Lawful for one, and Unlawful for the other; that which is Policy in us, can never be Tyrranny in him; if it be justifiable in the Confederate Princes, it must be equally so with his Imperial Majesty. But this, by the by, I shall meet with it again very quickly.

I shall go on here with Sir Roger Manly, who tells us, that the Necessity of Defending the Country, having forc’d the Emperor to bring great Bodies of Germans into the Kingdom: The forward People, tenacious of their Privileges, and as they are not the only People who have been ungrateful to their Deliverers, refuse to entertain them, or to admit them into their Towns.

This unkind Treatment, as it exasperated the Soldiery, so it fill’d the Emperor himself with Jealousies, that they design’d something ill both against the Germans as a Nation, and himself as their Prince, and this occasion’d further Mischiefs; the Germans took Quarters by Force; holding it but just, that the People they came to defend, should give them Entertainment amongst them, while the Field was no more proper to Encamp in.

This Force of the Germans the Inhabitants took Care to oppose, with as much Power as possible; and from hence follow’d Plunderings, Burnings, Murthers, and infinite Acts of Violence and Disorder; the Soldiers forcing Quarters in the Towns, and the Towns on all occasions, rising and cutting the Throats of the Soldiers.

The Places the Emperor took Possession of in this manner; and where the Inhabitants were shutting their Gates upon the Soldiers, were afterwards forc’d to open them again, could expect but indifferent usage; and thus the Cruelties on both sides began, the People cried out, of Oppressions, and Invasion of their Privileges, by Quartering Soldiers, and the like; the Protestants were at the same time hook’d into the General Complaint, and brought to joyn the Complaint of Religious Grievances, to the Civil; and thus the Out-cry against the Germans became General, and the whole Nation concern’d themselves in the Broil.

The Germans, on the other side, alledg’d the Affronts offered the Imperial Authority, and the Contempt daily put upon the Majesty of their Lord; unheard of Complaints were made of Outrages and Violence offered to the German Soldiers, and the Court at Vienna was fill’d with the Melancholy Particulars of unheard of Cruelties and Barbarities committed by the Hungarians upon the Soldiers, as they had opportunities.

As this inveterate Rage of the Inhabitants proceeded to such a degree, it gave the Imperial Court a just Umbrage, that a Revolt was intended; and to prevent it, the Emperor is advised to seize upon the Kingdom of Hungary by Force; in Order to which, the Germans began to Fortify the Towns they Possess’d, and to set about Mastering this unruly People in earnest.

The Hungarians seeing this, take Arms all over the Kingdom, Headed by their own Palatine, Count Paul Westelini: And thus began the War between the Hungarians and the Emperor.

I freely appeal to all that shall read this History, if this be a true State of the Hungarian Affair, whether there was not Mutual occasions?

’Tis plain the Emperor was sworn to Defend and Protect them.

’Tis as plain they could not raise either Money or Men sufficient to defend themselves, and that they were all along defended by the Blood and Treasure of the German Nation.

’Tis plain that it was Lawful, by the same Necessity that brought the Germans into Hungaria, to keep them there; and the People ought not to have oppos’d it, at least, during a War.

Lastly, ’Tis also made clear, from the Practice of other Nations, that the Emperor had a Right to prevent Hungaria falling into the hands of the Turks, tho’ the People were really willing to be their Slaves.

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Advertisement from the Society.

THE Society, having an Unusual Number of Cases before them, the Relation whereof tho’ very Entertaining and Significant, is by far, too long to come in to these Papers, unless they should so far Intrench upon the Historical Part, as to break in upon the Main and most Material Design of the Author, have thought fit to give Notice,

That Once every Month, there will be Printed a Suppliment, or Journal of the Proceedings of the Society; in which all such Letters, Poems, and particulars, as the Learned and Ingenious please to Furnish them with, shall find a Place and be Inserted in their Order, with the Resolutions and Observations of the Society on the Particulars.

This Suppliment being Digested into Annual Volumes, will be so order’d as to come in at the End of every Volume of the Reviews; and may, for the satisfaction of those Gentlemen that have made Collections, be Bound up with them.

We hope this will satisfie those Gentlemen who have thought themselves neglected, by their Papers and Letters having layn long by, without due Notice; the Society having not been able to give a particular satisfaction as they desir’d, for want of Room in their Paper; having near 100 Cases before them, which they have not been able to Publish.

The First Suppliment being now in the Press, all Gentlemen, who have any thing they think worth Publication, are Desir’d to send it before Monday the 2 of October; when the First is Design’d to appear.

ADVICE from the Scandal. CLUB.

THE Society received the following Complaint, upon the very common Abuse of a Petty-Fogging Attorney; the Complainant is very Importunate for an Answer, which the Society are as willing to give; but find the Case very difficult. The Letter is as follows.

To the Society of Scandal.

Gentlemen,
THese are to require your Answer to this my Request, viz. I employ’d a Limb of the Law to get me a small Debt, he undertook, promising to ask nothing for his Trouble, till I had my Money paid me; upon that he Arrested the Party, and the Party gave Bail to the Action; a little time after, the Party came and agreed the Debt; then went to the little Limb of the Law, that I had Employ’d, desiring to know what I was indebted to him; he made a Bill presently of 19s. and 4d. I thinking it was very extraordinary, went to the Attorney in the Mareshal’s Court, which he employ’d, desiring to know what he was out of Pocket; he answered to me, 8s. and 4d. and no more; I thinking hard to pay Nineteen and Six pence, for Eight and Six Pence, delay’d Paying of it, but therefore he Arrested me; I paid the Bayliff 11s. for his Trouble, and promised to make an end with my Limb of the Law: accordingly I went to the Tavern to him; and because I wou’d not pay the 19s. and 4d. he made his Bill 1l. 3s. 6d. which I paid for fear of further Trouble; for I find it’s better giving one’d Cloak, than go to Law for a Coat; I finding I can have no Redress at Common Law, desire your Opinion in this Case, and rest

Your Humble Servant,
C.F.

The Society having considered the Matter, came to several Resolutions.

1. That the Law it self, is the Guard of Civil Society, the Protection of Englishmens Property, the just Refuge every Man has under the Oppressions of his Neighbour, and like Religion, suffers nothing from the Abuses, Vices and Crimes of its Professors.

2. That the Lawyers are degenerated by Practice, are Harpies, Monsters and Devils, who suck the Blood and Wealth of the Nation and that ruin, as far as in them lies, those that fall into their hands, whether for Life or Estate; and this they allow to be generally true (without Prejudice to all the Gentlemen of Honesty and Honour concern’d in it) even from the Attorney General, who Pleaded, or rather Scolded to Death, the Famous and Learned Sir Walter Raleigh, to the Wretch who is the Subject of this Letter.

3. They desire to know where this Gentleman has liv’d, and how old he is, that he should know a Limb of the Law, as he calls him, no better.

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4. As he owns the Debt was but small, they think he is but rightly serv’d for going to Law for a Trifle, and throwing good Money after bad.

5. They think that a Man who sues another at the Discretion of a Lawyer, is like a Citizen of Narvaz, when the Muscovite takes it by Storm, ’tis a vast favour if he has any thing left.

5. They advise the Person to sit down, be satisfied, and reckon he comes off very cheap, since he has learnt what it is to go to Law, and paid but about 40 Shillings for his Experience.

7. As to Redress, They know but one way; let him set up for a School-Master, and make Proclamation, that he was a Fool first, and is ready to teach all Mankind to be Wiser; for ought I know, the Society of Attorneys may raise a Contribution among them, and Bribe him to hold his Tongue, lest all the Town should turn honest, in spite to their Profession, and then the whole Fraternity would be starv’d.

8. Lastly, the Society Ordered him to cause his Case to be Printed, and sent Down into Norfolk, where they say, there are 1500. Petty Attorneys; and where the People frequently spend 5s. in Law, to recover a Debt of Two Groats.

We wonder very much any Person should Trouble the Society, with a Question so easy to Answer; that they might have gone to the Blue-Coat-Hospital, and every little Child there, with a Band and a Yellow Pettycoat might Answer it – The Case is Express’d in the Following Letter.

Gentlemen of the Scandalous Club,
I Make bold to offer this Question; It is observ’d, that in every Weekly Bill, the Assize of Bread is Order’d by the Lord Mayor and Court of Aldermen, and yet these Orders are not Obey’d in the least. Now pray, Gentlemen, what is the Reason why these Orders are not Obey’d? If my Lord Mayor has a Power, I wonder why he does not shew it?If on the contrary, he has no Power, I wonder he should pretend to shew it? Gentlemen, in giving your Opinion, You will very much Oblige
Your Servant
A.C.
Septemb.
18.
1704.

The Society thought of some Particulars to this Letter, but may Refer them to another Opportunity.

At present the directest Answer which can be given them is, in short;

Because the Bakers are K—s, and the Magistrates – ; if any Man can give us a better Reason, we Desire to hear it against Our Next.

ADvertisements are taken in by J. Matthews in Pilkington-Court in Little-Britain.

A D V E R T I S E M E N T S.

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THe Church of England prov’d to be Conformable to, and Approv’d by all the Protestant Churches in Europe. Being an Abridgment of Mr. Durel’s Book of Foreign Churches. Printed for Jeffery Wale at the Angel in St. Paul’s Church-yard, and sold by John Nutt near Stationers-Hall. 1705.

*** A Doctor in Physick Cures all the Degrees and Indispositions in Venereal Persons, by a most easie, safe, and expeditious Method; and of whom any Person may have Advice, and a perfect Cure, let his or her Disease be of the longest Date: He likewise gives his Advice in all Diseases, and prescribes a Cure. DR. HARBOROUGH, (a Graduate Physician) in Great Knight-Riders-street, near Doctors Commons.

AT the White Swan upon Snow Hill, over-against the Green Dragon Tavern, are made and sold the Newest fashion Flower-Pots for Gardens: Urns, Eagles, and Pine-Apples, to stand upon Posts of Large Gates; also large or small Figures, all made of hard Mettal, much more durable than Stone, and cheaper; also Candle Moulds, fit to make Wax or Tallow Candles, from 1 in the Pound, to 20: There is also made Artificial Fountains, that Play Water from 1, 2, or 3 Foot, to 20 or 30 Foot high, 1, 2, 3,or 6 Hours together, without Repeating with the same Water; which Fountains or Engines may be made use of to extinguish Fire 40 or 50 Foot high, with a continued Stream, larger than the Common Fire-Engines.

MDCCIV.

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