Part 9

"The feast of Easter, and the moveable feasts thereon depending, shall be no longer observed according to the method of supputation now used, or the table prefixed to the book of Common Prayer: and the said table, and also the column of golden numbers, as they are now prefixed to the respective days of the month in the calendar, shall be left out in all future editions of the said book: and the new calendar, tables, and rules, annexed to the act, are to be prefixed in the stead thereof: and, from and after the said second of September, the fixed feasts, holy-days, and fasts, of the church of England, and also the several solemn days of thanksgiving and of fasting and humiliation, enjoined to be observed by Parliament, shall be observed on the respective nominal days marked for the celebration of the same in the new calendar; that is to say, on the respective nominal days, and the feast of Easter, and other moveable feasts thereon depending, shall be celebrated according to the said annexed calendar; and the two moveable terms of Easter and Trinity, and all courts, meetings and assemblies, of any bodies, politic or corporate, and all markets, fairs, and marts, and courts thereunto belonging, which, by any law, statute, charter or usage, are to be held and kept at any moveable time depending upon Easter, or other moveable feast, shall, after the said second of September, be held and kept on the same days and times whereon the same shall happen, according to the falling of Easter by the new calendar.

"The meetings of the Court of Sessions, and terms fixed for the Court of Exchequer in Scotland; the April meeting of the conservators of the great Level of the Fens, and the holding and keeping of markets, fairs, and marts, for the sale of goods or cattle, or for hiring of servants, or for other purposes, which are fixed to certain nominal days of the month, or depending on the beginning, or any certain day of any month, and all courts kept with such fairs or marts; shall, after the said second of September, be kept upon the same natural days upon which the same would have been held if this act had not been made; i.e. eleven days later than the same would happen according to the nominal days of the new supputation of time, by which the commencement of each month, and the nominal days thereof, are brought forward eleven days.

"But this act shall not accelerate or anticipate the days for the opening, inclosing or shutting up of grounds, common or pasture, or the days and times on which a temporary and distinct property and right in any such lands or grounds is to commence: but they shall be respectively opened, and inclosed, or shut up, and shall commence on the same natural days and times, after the said second of September, as before the making of this Act: that is, eleven days later than the same would happen according to the new supputation of time.

"Neither shall this act accelerate or anticipate the times of payment of rents, annuities, or other monies, which shall become payable in consequence of any custom, usage, lease, deed, writing, or other contract or agreement, now subsisting, or which shall be entered into before the said fourteenth of September, or which shall become payable by virtue of any act of Parliament. Not to accelerate the payment, or increase the interest of any money which shall become payable as aforesaid, or at the time of the delivery of any goods or other things whatsoever, or the commencement, or determination of any leases or demises of lands, &c., or other contracts or agreements, annuity, or rent, or of any grant for a term of years, &c., or the time of attaining the age of twenty-one years, or any other age requisite by law, usage, or writing, for the doing any act, or for any other purpose, by any persons now born, or who shall be born before the said fourteenth of September; or the time of the determination of any apprenticeship or other service by indenture, or by articles under seal, or by reason of any simple contract or hiring; but all these shall commence, cease, and determine, at and upon the said natural days and times on which they would have happened if this act had not been made."

II.

LORD CHESTERFIELD'S OWN ACCOUNT.

+Source.+--_Letters of the Earl of Chesterfield._ Edited by Lord Mahon, 1845-53. Vol. ii., pp. 115, 116.

LONDON, _March 18_, O.S. 1751.

MY DEAR FRIEND,

I acquainted you in a former letter that I had brought in a bill into the House of Lords, for correcting and reforming our present calendar, which is the Julian, and for adopting the Gregorian. I will now give you a more particular account of that affair, from which reflections will naturally occur to you that I hope may be useful, and which I fear you have not made. It was notorious, that the Julian calendar was erroneous, and had overcharged the solar year with eleven days. Pope Gregory XIII. corrected this error [in 1582]; his reformed calendar was immediately received by all the Catholic Powers of Europe, and afterwards adopted by all the Protestant ones, except Russia [which still (1912) adheres to the old style.--ED.], Sweden and England. It was not, in my opinion, very honourable for England to remain in a gross and avowed error, especially in such company; the inconvenience of it was likewise felt by all those who had foreign correspondences whether political or mercantile. I determined, therefore, to attempt the reformation; I consulted the best lawyers, and the most skilful astronomers, and we cooked up a bill for that purpose. But then my difficulty began; I was to bring in this bill, which was necessarily composed of law jargon and astronomical calculations, to both of which I am an utter stranger. However, it was absolutely necessary to make the House of Lords think that I knew something of the matter, and also to make them believe that they knew something of it themselves, which they do not. For my own part, I could just as soon have talked Celtic or Sclavonian to them as astronomy, and they would have understood me full as well; so I resolved to do better than speak to the purpose, and to please instead of informing them. I gave them, therefore, only an historical account of calendars, from the Egyptian down to the Gregorian, amusing them now and then with little episodes; but I was particularly attentive to the choice of my words, to the harmony and roundness of my periods, to my eloquence, to my action. This succeeded, and ever will succeed; they thought I informed, because I pleased them; and many of them said, that I had made the whole very clear to them, when, God knows, I had not even attempted it. Lord Macclesfield, who had the greatest share in forming the bill and who is one of the greatest mathematicians and astronomers in Europe, spoke afterwards with infinite knowledge, and all the clearness that so intricate a matter would admit of; but as his words, his periods and his utterance were not near so good as mine, the preference was most unanimously, though most unjustly, given to me....

SMOLLETT'S CHARACTER OF THE DUKE OF NEWCASTLE.[22]

+Source.+--T. Smollett: _Humphrey Clinker_, 1831. Pp. 110, 124, 126.

His eulogium was interrupted by the arrival of the old duke of N----, who, squeezing into the circle, with a busy face of importance, thrust his head into every countenance, as if he had been in search of somebody, to whom he wanted to impart something of great consequence. My uncle, who had been formerly known to him, bowed as he passed: and the duke, seeing himself saluted so respectfully by a well-dressed person, was not slow in returning the courtesy. He even came up, and, taking him cordially by the hand,--"My dear friend, Mr. A----," said he, "I am rejoiced to see you. How long have you come from abroad? How did you leave our good friends the Dutch? The king of Prussia don't think of another war, ah? He's a great king, a great conqueror--a very great conqueror! Your Alexanders and Hannibals were nothing at all to him, Sir! corporals, drummers! dross! mere trash--damn'd trash, heh?" His grace, being by this time out of breath, my uncle took the opportunity to tell him he had not been out of England, that his name was Bramble, and that he had the honour to sit in the last parliament but one of the late king, as representative for the borough of Dymkymraig. "Odso!" cried the duke, "I remember you perfectly well, my dear Mr. Bramble. You was always a good and loyal subject--a staunch friend to administration. I made your brother an Irish bishop." "Pardon me, my lord," said the squire, "I once had a brother, but he was a captain in the army."--"Ha!" said his grace, "he was so--he was indeed! But who was the bishop then? Bishop Blackberry--sure it was bishop Blackberry. Perhaps some relation of yours?"--"Very likely, my lord!" replied my uncle; "the blackberry is the fruit of the bramble: but I believe the bishop is not a berry of our bush."--"No more he is, no more he is, ha, ha, ha!" exclaimed the duke; "there you give me a scratch, good Mr. Bramble, ha, ha, ha! Well, I shall be glad to see you at Lincoln's Inn Fields. You know the way; times are altered. Though I have lost the power, I retain the inclination; your very humble servant, good Mr. Blackberry." So saying, he shoved to another corner of the room. "What a fine old gentleman!" cried Mr. Barton, "what spirits! what a memory! he never forgets an old friend."--"He does me too much honour to rank me among the number. Whilst I sat in parliament I never voted with the ministry but three times, when my conscience told me they were in the right: however, if he still keeps levee, I will carry my nephew thither, that he may see, and learn to avoid the scene; for I think an English gentleman never appears to such disadvantage as at the levee of a minister. Of his grace I shall say nothing at present, but that for thirty years he was the constant and common butt of ridicule and execration. He was generally laughed at as an ape in politics, whose office and influence served only to render his folly the more notorious; and the opposition cursed him as the indefatigable drudge of a first mover, who was justly styled and stigmatized as the father of corruption: but this ridiculous ape, this venal drudge, no sooner lost the places he was so ill qualified to fill, and unfurled the banners of faction, than he was metamorphosed into a pattern of public virtue; the very people, who reviled him before, now extolled him to the skies, as a wise experienced statesman, chief pillar of the protestant succession, and corner-stone of English liberty...."

[Another day] Captain C---- entered into conversation with us in the most familiar manner, and treated the duke's character without any ceremony. "This wiseacre," said he, "is still a-bed; and, I think, the best thing he can do is to sleep on till Christmas; for when he gets up, he does nothing but expose his own folly. Since Grenville was turned out, there has been no minister in this nation worth the meal that whitened his periwig. They are so ignorant they scarce know a crab from a cauliflower; and then they are such dunces, that there's no making them comprehend the plainest proposition. In the beginning of the war, this poor half-witted creature told me, in a great fright, that thirty thousand French had marched from Acadia to Cape Breton. "Where did they find transports?" said I. "Transports!" cried he, "I tell you they marched by land."--"By land, to the island of Cape Breton?"--"What! is Cape Breton an island?"--"Certainly."--"Hah! are you sure of that?" When I pointed it out on the map, he examined it earnestly with his spectacles; then taking me in his arms, "My dear C----," cried he, "you always bring us good news. Egad, I'll go directly, and tell the king that Cape Breton is an island."

[22] This scene is, of course, fiction, but it was published only three years after Newcastle's death, and that it is absolutely true to life every student of the period admits.

THE TRIAL AND EXECUTION OF ADMIRAL BYNG.

I.

HORACE WALPOLE TO SIR HORACE MANN.

ARLINGTON STREET, _January 30, 1757_.

... All England is again occupied with Admiral Byng; he and his friends were quite persuaded of his acquittal. The court-martial, after the trial was finished, kept the whole world in suspense for a week; after great debates and divisions amongst themselves, and despatching messengers hither to consult lawyers whether they could not mitigate the article of war, to which a negative was returned, they pronounced this extraordinary sentence on Thursday: they condemn him to death for _negligence_, but acquit him of _disaffection_ and _cowardice_ (the other heads of the article) specifying the testimony of Lord Robert Bertie in his favour, and unanimously recommending him to mercy; and accompanying their sentence with a most earnest letter to the Lords of the Admiralty to intercede for his pardon, saying, that finding themselves tied up from moderating the article of war, and not being able in conscience to pronounce that he had done all he could, they had been forced to bring him in guilty, but beg he may be spared. The discussions, and difference of opinions on this sentence is incredible. The Cabinet Council, I believe, will be to determine whether the King shall pardon him or not: some who wish to make him the scapegoat for their own neglects, I fear, will try to complete his fate, but I should think the new Administration will not be biassed to blood by such interested attempts. He bore well his unexpected sentence, as he has all the outrageous indignities and cruelties heaped upon him. Last week happened an odd event, I can scarce say in his favour, as the World seems to think it the effect of the arts of some of his friends: Voltaire sent him from Switzerland an accidental letter of the Duc de Richelieu, bearing witness to the Admiral's good behaviour in the engagement.

STRAWBERRY HILL, _February 13, 1757_.

... After a fortnight of the greatest variety of opinions, Byng's fate is still in suspense. The court and the late ministry have been most bitter against him; the new Admiralty most good-natured; the King would not pardon him. They would not execute the sentence, as many lawyers are clear that it is not a legal one. At last the council has referred it to the twelve judges to give their opinion: if not a favourable one, he dies! He has had many fortunate chances; had the late Admiralty continued, one knows how little any would have availed him. Their bitterness will always be recorded against themselves: it will be difficult to persuade posterity that all the same of last summer was the fault of Byng! Exact evidence of whose fault it was I believe posterity will never have: the long-expected inquiries are begun, that is, some papers have been moved for, but so coldly that it is plain George Townshend and the Tories are unwilling to push researches that must necessarily re-unite Newcastle and Fox.

ARLINGTON STREET, _March 3, 1757_.

I have deferred writing to you, till I could tell you something certain of the fate of Admiral Byng: no history was ever so extraordinary, or produced such variety of surprising turns. In my last I told you that his sentence was referred to the twelve judges. They have made law of that, of which no one else would make sense. The Admiralty immediately signed the warrant for his execution on the last of February--that is, three signed: Admiral Forbes positively refused, and would have resigned sooner. The Speaker would have had Byng expelled the House, but his tigers were pitiful. Sir Francis Dashwood tried to call for the Court-martial's letter; but the tigers were not so tender as that came to. Some of the Court-martial grew to feel, as the execution advanced: the City grew impatient for it. Mr. Fox tried to represent the new ministry as compassionate, and has damaged their popularity. Three of the Court-martial applied on Wednesday last to Lord Temple to renew their solicitation for mercy. Sir Francis Dashwood moved a repeal of the bloody twelfth article [of Byng's indictment:] the House was savage enough; yet Mr. Doddington softened them, and not one man spoke directly against mercy. They had nothing to fear: the man who, of all defects, hates cowardice and avarice most and who has some little objection to a mob in St. James's-street, has magnanimously forgot all the services of the great Lord Torrington [the victor of Cape Passano, 1718]. On Thursday seven of the Court-martial applied for mercy: they were rejected. On Friday a most strange event happened. I was told at the House that Captain Keppel and Admiral Norris desired a bill to absolve them from their Oath of Secrecy, [as members of the Court-martial on Byng] that they might unfold something very material towards the saving the prisoner's life. I was out of Parliament myself during my re-election, but I ran to Keppel; he said he had never spoken in public, and could not, but would give authority to anybody else. The Speaker was putting the question for the orders of the day, after which no motion could be made; it was Friday. The House would not sit on Saturday, the execution was fixed for Monday. I felt all this in an instant, dragged Mr. Keppel to Sir Francis Dashwood, and he on the floor before he had taken his place, called out to the Speaker, and though the orders were passed, Sir Francis was suffered to speak. The House was wondrously softened: pains were taken to prove to Mr. Keppel that he might speak, notwithstanding his oath; but he adhering to it, he had time given him till next morning to consider and consult some of his brethren who had commissioned him to desire the bill. The next day the King sent a message to our House, that he had respited Mr. Byng for a fortnight, till the bill could be passed, and he should know whether the Admiral was unjustly condemned. The bill was read twice in our House that day, and went through the Committee; Mr. Keppel affirming that he had something, in his opinion, of weight to tell, and which it was material his Majesty should know, and naming four of his associates, who desired to be empowered to speak. On Sunday all was confusion again, on news that the four disclaimed what Mr. Keppel had said for them. On Monday, he told the House that in one he had been mistaken; that another did not declare off, but wished all were to be compelled to speak; and from the two others he produced a letter upholding him in what he had said. The bill passed by 153 to 23. On Tuesday it was treated very differently by the Lords. The new Chief Justice [Mansfield] and the late Chancellor [Hardwicke] pleaded against Byng like little attorneys, and did all they could to stifle truth. That all was a good deal. They prevailed to have the whole Court-martial at their bar. Lord Hardwicke urged for the intervention of a day, on the pretence of a trifling cause of an Irish bankruptcy then depending before the Lords, though Lord Temple showed them that some of the Captains and Admirals were under sailing orders for America. But Lord Hardwicke and Lord Anson were expeditious enough to do what they wanted in one night's time; and for the next day, yesterday, every one of the Court-martial defended their sentence, and even the three conscientious said not one syllable of their desire of the bill, which was accordingly unanimously rejected, and with great marks of contempt for the House of Commons.

This is as brief and as clear an abstract as I can give you of a most complicated affair, in which I have been a most unfortunate actor, having to my infinite grief, which I shall feel till the man is at peace, been instrumental in protracting his misery a fortnight, by what I meant as the kindest thing I could do. I never knew poor Byng enough to bow to--but the great doubtfulness of his crime, and the extraordinariness of his sentence, the persecution of his enemies, who sacrifice him for their own guilt, and the rage of a blinded nation, have called forth all my pity for him. His enemies triumph, but who can envy the triumph of murder?

II.

THOMAS POTTER TO MR. GRENVILLE, SEPTEMBER 11, 1756.

+Source.+--_Grenville Papers_, 1852. Vol. i., p. 173.

This morning I heard the whole city of Westminster disturbed by the song of a hundred ballad-singers, the burthen of which was, "To the block with Newcastle, and the yard arm with Byng."

[This ballad is to be found as a single sheet broadside in the British Museum in a volume lettered _Ballads and Broadsides_; the first verse is as follows:--]

_THE BLOCK AND YARD ARM_

A NEW BALLAD ON THE LOSS OF "MINORCA," AND THE DANGER OF OUR "AMERICAN" RIGHTS AND POSSESSIONS.

_To Tune of the "Whose e'er been at Baldock," &c._

Draw nigh my good Folks whilst to you I Sing Great Blak'ney[23] betray'd by N[ewcastle] and B[yng], Before such a Story ne'er has been told We're bought all, my Friends, by shining _French_ gold.

_Chorus._ To the Block with N[ewcastle] and Yard Arm with B[yng]. _Terra ra ra ra ra ra ra ra ra ring._

[23] The Governor of Minorca, then eighty-five, "that gallant old man," as Lady Hervey (_Letters_, p. 219) justly calls him, "who had behaved like a hero of antiquity," had held out in Fort St. Philip for five weeks after Byng's retreat.

THE COALITION GOVERNMENT OF 1757.

+Source.+--Baron FitzMaurice's _Life of William Earl of Shelburne_, 1875-76. Vol. i., pp. 85-87.

[By the new Coalition] there was produced a strong Council and a strong Government. The Cabinet Council was composed of the Duke of Newcastle, Mr. Pitt, Secretary of State, Lord Keeper Henley, Lord Hardwicke, Lord Mansfield, Lord Granville, Lord Holdernesse, Lord Anson, and Lord Ligonier. There were no party politics, and consequently no difference of opinion. I have heard Lord Chatham say they were the most agreeable conversations he ever experienced. The Duke of Newcastle, a very good-humoured man, was abundantly content with the whole patronage being left to him.... Lord Hardwicke ... was kept in order by Lord Granville's wit, who took advantage of the meeting of the balance of all parties to pay off old scores, and to return all he owed to the Pelhams and the Yorkes. He had a rooted aversion to Lord Hardwicke and to all his family. I don't know precisely for what reason, but he got the secret of cowing Lord Hardwicke, whose pretensions to classical learning gave Lord Granville, who really was a very fine classical scholar, a great opportunity. To this was added his knowledge of civil law,[24] in which Lord Hardwicke was deficient, and above all, his wit; but whatever way he got the key, he used it on all occasions unmercifully. In one of the short-lived administrations at the commencement of the war, Lord Granville, who had generally dined, turned round to say, "I am thinking that all over Europe they are waiting our determination and canvassing our characters. The Duke of Newcastle, they'll say, is a man of great fortune, who has spent a great deal of it in support of the present family."[25] "Fox, they'll say, is an impudent fellow who has fought his war through the House of Commons; as for me, they know me throughout Europe, they know my talents and my character; but I am thinking they will all be asking, _Qui est ce diable de Chancelier?_ How came he here?"