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France, he was guilty of an action which favoured at once of cruelty and military defpotiin. In the vicinity of Treves is an abbey of Metloch, the prefentation to which became at that time an object of difpute. By right, and immemorial ufage, it belonged to the bishop; but fome intrigans, who wifhed to create a place for a favourite, perfuaded the court of France to arrogate to itself the nomination of the abbot; and troops were fent to live at free quarters upon the monks. Cuftines, who had received no orders, repaired thither, and brought back, in irons, the bailiff of Bouzonville, whom the German abbot had taken for his defender. Befides the injustice of this conduct, there was much inhumanity, in bringing into the midst of his family, in fo ignominious a manner, a worthy man, who had grown old in an honourable employment, and who was the father of two Cheyaliers de Saint Louis. This action appeared fo abominable to the Count de Broglie, commandant of the city of Mentz, that, after having put Cuftines under an arreft, he accompanied the bailiff of Bouzonville to Verfailles, where he affifted him in obtaining juftice.

The authenticity of thefe two facts may be depended on. They do very little honour to the moral character of Cuftines: they discover a haughtiness of mind, and an afperity of difpofition; and ferve, in fome degree, as an explanation of his political life.

When the command of the army of the Rhine was given to Lukner, Cuftines received orders to take poffeffion of the defiles of Porentrui, in order to keep out the Auftrians, who might from thence have over-run Alface and Franche-Comté. Cuftines followed the example of Dumourier, who had juft refused to obey La Fayette's orders, under the pretence of patriotifm. Whatever his motive might be, he paid no attention to those of Lukner.

The confequence of this difobedience was in both inftances the fame. The two mutineers were ordered to fuperfede thofe whofe commands they had not chofen to execute. Cultines, indeed, did not perfevere in his refufal: he took poffeflion of the defiles without meeting with any oppofition; but it was not till after he had received repeated orders from Paris. An opportunity will occur more than once, of making a comparison between thefe two men, both of whom made fo great a figure in the early part of the revolu

tion.

When Cuftines had fucceeded to Lukner, in the command of the army of the Rhine, he advanced as far as Mentz, driving before him a handful of Auftrians. The magiftrates of that city, alarmed at his appearance, opened their gates to him, and thefe conquefts, as eafy as rapid, were followed by the entrance of the French into Frankfort.

The King of Pruffia had not yet made peace. He was indeed difpofed to do fo, by the reprefentation of the Duke of Brunfwick, by the ruin of his army on the frontiers of Champaign; and, above all, by his hatred against the House of Auftria, and his views of aggrandizement on the fide of Poland. But Frank. fort and Mentz, in the hands of the French, infpired him with well-founded alarm; and he took measures for the recovery of thofe two cities. It is no more than juftice to Cuftines, to fay, that he had provided fome of the means requifité for his maintaining himself in Mentz, particularly by adding to the fortifications of a city already ftrong by nature, and capable of fuftaining a long fiege. He took a pleasure in calling it the tomb of the Germans; and from that place it was that, in imitation of Dumourier, he addreffed to the legislative body a number of letters, which were far from being honourable to the general's modefty. In like manner, Dumourier, after the defeat of the Pruffian and Auftrian armies, wrote to the Convention, that in a short time he would go and beat the enemy, and drive him out of Flanders.

Perhaps this rage for writing, common to the two generals, proceeded no less from policy than from the natural vanity of their difpofition. It may at least be faid, that it raised the spirits of a people who had been menaced upon all their frontiers; and, by increafing our hopes, probably increafed the means of realizing them. But both of them, after a fhortlived blaze, faw the glory difappear by which they had been environed; one of them lofing himself in the crowd of those who have conspired against their country, and the other, though perhaps not culpable, perifhing as if he had done the fame.

The firf affront that Cuftines' fortune met with was the fource of twenty others, which tarnished the glory of his arms, and led him to the block. It was at Frankfort his difafters began; and, unfortunately for his reputation, it appears that he was neither wife enough to fore

fee,

fee, nor to prevent them. When the gates of that city were opened to him, he placed there a garrifon of three thousand men; and, no doubt, they would have fufficed to defend that advanced poft, which covered Mentz, if he had taken the precaution neceffary for their fafety. But, instead of doing fo, he abandoned the arfenal and the police to the magiftrates; fo that his troops rather refembled foreigners, who received municipal hof pitality, than military force, whofe eye and arm ought conftantly to watch over and protect the general fafety.

After thofe ill-contrived precautions, he returned to Mentz, and employed himfelf folely in rendering the fortifications more formidable; but he neglected to victual it; and did not even know that fifty thousand Pruffians were advancing upon Frankfort; the garrifon of which was furprised, and cut to pieces almoft before his face for, the report of their fudden march having at length reached his ears, he had haftened with a handful of men to the foot of the ramparts, whence he could hear the cries of the unfortunate Frenchmen who were maffacred within. This difaftrous event, the eternal opprobium of Cuftines, bears a ftriking refemblance to the ruin of the troops in cantonments upon the Roer, when Dumourier, stationary in the Batavian moraffes, was ignorant, or feigned to be ignorant, of the rapid march of the enemy's army upon a part of his own, which was tred down and cut to pieces, while he was haftening to its fupport. Failing in this, he endeavoured to corrupt it. Let us now fee what Cuftines did on an occafion exactly fimilar.

On his return to Mentz, he wrote to the Convention, that the fufpicions which had been raised against him, no longer permitted him to reconcile the fervices he owed to the republic with what was due to his own honour; but, that, still devoted to the cause he had embraced, he would ferve it in any other place in which the Convention might think proper to employ his zeal. His letter produced in the Affembly the effect he had doubtlefs forefeen-a request that he would defpife the fufpicions of which he complained.

The critical fituation of France at that time, on the fide of Belgium, did not permit the Convention to accept Cuftines' refignation; either because it feared him, or did not yet perceive his fecret views, or his want of capacity, which was attefted by the lofs of Frankfort; fuppofing that difafter not to have been the effect of MONTHLY MAG. No. XLV.

premeditated treachery, The defection of Dumourier had laid all Belgium open to the enemy; feveral of the frontier towns were taken or befieged; the Pruffians advanced towards Mentz with a powerful army; and all the other frontiers were menaced. What was to be done in thefe critical circumstances? The Convention thought it advisable to give no entertainment to the fulpicions of which he was the object; either because it did not think them well founded, or because it really thought Cutines a man capable of faving the republic.

Cuftines, foon after, wrote a second letter to that affembly, more pofitive than the firft. He complained, that he had been obliged to abandon Mentz, and take refuge in the lines of Weiffemburg; his army, he faid, having narrowly escaped being deftroyed in its retreat. The caufe of this he attributed to general Legneville, who had left the back of the Vofges deftitute of defence. And whence did this enormous fault proceed? He afscribed it to the minifter of war; to that Bournonville, faid he, of whofe military fortune I was the maker.

Cuftines, while fpeaking thus, had no reafon to fear that Bournonville fhould repel the charge; for, most affuredly, he was not ignorant of Dumourier's having given up that minifter to Prince Cobourg; nor of that jocular expreffion fo often repeated fince: Water for the Commiffioners of the Convention; but let my friend Bournonville have wine. What could be Cuftines' view in complaining fo bitterly of a man, who was then deprived of all means of defence? What other, than the juftifying by this pretence his evacuation of Mentz, where, however, he had left, he faid, a refpectable force? Another misfortune to excufe was his having been beat in his retreat, as he had been before under the walls of Frankfort.

At

Whatever were the motives that actuated Cutines he perfifted in preffing his refignation more ftrongly than ever. the fame time, he continued to offer his fervices to the Republic, and the Convention; leaving them to chufe the manner in which they would employ him, either as Dictator, or under any other name that might appear suitable.

Scandalous, as was this title, endea vours were ufed to make the ears of the Convention familiar with it. This time, however, more violent fufpicions arofe in many minds; but the Convention still fhut its eyes; and as Menz appared likely to ftop the Pruffians for everal months, Cuftines was appointed to the 3 D command

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Before we follow him to the army of the North, let us fuppofe that he had conceived the idea of betraying the Republic; that, either in concert with Dumourier, or feparately, he wished to re-establish Monarchy? How would he have conducted himself the better to attain his end? This is not a vague fuppofition. Many people have thought, and ftill think, that he picked up the mask that had been torn away from the other general. He fuffered Franckfort to be taken by Pruffians in the difguife of butchers; he abandoned Mentz to the Pruffian army; and he allowed himself to be beaten by them both when he returned to the latter city, and when he evacuated it. Defeated afterwards in the lines of Weiffemburg, he quitted an army weakened and difcouraged, to appear upon a theatre ftill more bloody, which Dumourier had made the scene of all forts of perfidy.

Let us now examine how Cuftines conducted himself there. If he made an effort to fuccour the French towns hard preffed by the enemy; and to defend a country ravaged before his face; if he opposed artifice to fuperior force; if, in a word, he employed the refources of a great General, it must be confeffed that the fuppofition of his confpiring against the Republic has no foundation. But if his military conduct was even beneath a man of ordinary capacity, it is natural to conclude either that his intentions were bad, or that he had none of the qualities neceffary for a Commander in Chief. What then did Cuftines do when with the army of the North? Abfolutely nothing. Motionless under the walls of Cambray he fuffered the enemy to ravage undisturbed all the country as far as St. Quintin. He made no attempt to relieve Valenciennes, not even by harraffing the weakest out-poft. A modern Fabius, he would have witneffed the taking of Lille, if the fiege of that place had been renewed, without changing his ground, unless it were to give up fome advantageous poft to the enny. Without being inclined to suspect evil rather than good; without laying

afide the respect due to misfortune, and
to thofe who are no more, it is fair to in-
fer from the whole of this conduct, that
he was either a traitor, or entirely defti-
tute of military talents. How elfe, in-
deed, is it poffible to account for so much
oftentation in his letters; fo much char-
latanry in his language, that proud
difplay of valour in his proceedings, that
affectation of haughtiness, that Quixotism,
in a word, fo truly unnatural? What are
we to think of a man always victorious
when he had only a weak flying party
before him; always beaten when he
promised a victory; inceffantly offering
to refign when with an army which
had mouldered away under his com-
mand, and taking charge notwithstanding
of another, which he suffered to wafte it-
felf in inaction? He offered his arm as a
fubaltern, nay, as a private foldier, and
yet he fuffered the cities of the Republic
to be facked, and its plains to be laid
wafte, in his prefence; remaining a paf-
five fpectator of thefe deplorable fcenes in
his camp near Cambray;
a camp ho-
noured with the name of Cæfar, the re-
membrance of whom ought to have roufed
him from his ftupid floth! Did he, like
Cæfar, wait for the name of Dictator, to
repulfe the enemies who already threatened
Paris. Moft affuredly then, while in
expectation of the fentence that pofterity
will pronounce on this man, it is no
breach of found logic to conclude either
that like Dumourier he had formed a plan
to betray his country, or that he was ut-
terly ignorant of the art of war. How-
ever strange this laft affertion may appear,
it is not only the most honourable to
human nature; but, perhaps the nearest
to truth. Cuftines, in fact, had only
ferved while very young, at the latter end
of the war of Hanover. From that pe-
riod to the American war, he paffed his
time, like most of the young French of-
ficers of thofe days, rather in diffipation
than ftudy; and he had little opportunity
of improvement in America, fince he re-
turned to France foon after the affront he
received from the officers of his regiment.
Some men have exhibited talents beyond
their years, because nature has endowed
them with uncommon genius and be-
cause they have applied ftrenuously to
ftudy at an early age. Neither of these
reafons holds good as to Cuftines, and
therefore it is that his military operations
ought not to place him in the rank of trai-

tors.

If guilty, however, he loft all his courage when he came to the block; and by fome was faid to have died like a Capuchin Friar, If blameless, he did not

like many others give dignity to the scaffold by that fortitude, which fo well becomes fuffering innocence, and is ftill more fitting for the foldier, who has fo often looked death in the face.

The COUNT REZZONICO. THE Count Gaftone della Torre Rezzonico was born in Parma, about the year 1740. He was a nobleman by birth, and was alfo fortunate in having a learned father, very well known in the republic of letters for his Life of Pliny the elder. He was early initiated into fcience and polite literature, and fo confiderable were his attainments, that in his earliest youth he deferved the honourable appointment of fellow of the poetical academy in Rome, known under the name of Arcadia. The reigning duke of Parma having erected in his metropolis an academy of fine arts, Count Rezzonico was appointed its prefident; but, by fome myfterious viciffitudes, which it would be imprudent to mention in the present times, he was utterly dif graced at court, and his royal highness deprived him not only of the place of prefident of the academy, but even of that of hereditary chamberlain. He was 'therefore obliged to leave Parma. He first undertook long tours through Europe, efpecially in France and England, during which he became completely maf ter of both languages; and at his return

to Italy, he fixed his refidence in Rome, though he often made long excurfions to Naples and Florence. Availing himself of his ample leifure, he wrote several works in profe and poetry. Though his works in profe are fo trifling as not to deserve peculiar mention, yet from his poetical works he deferves to be placed among the best Italian poets of his age. He was diftinguished by liveliness of imagery, propriety of diction, exactness of epithet, and by a nobleness of expreffion acquired by deep ftudy of the Greek and Latin claffics. His verfification, however, was fomething harth, and the meaning of fome phrafes obfcure. This refpectable nobleman died last year in Rome, about fifty-five years of age. He was highly ef teemed by the Italian nobility, and men of letters, for the elegance of his manners and the eloquence of his conversation. The qualities were however, in the opinion of fome, obfcured by an immoderate felf love, and an irrational predilection for his own works. It is also reported in the Italian papers that a new disturbance of mind accelerated his diffolution ; but no notice is taken of the particulars of this event. A complete collection of his poetical works in two volumes was printed in Parma by the celebrated Bodoni, with the motto

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Extracts from the Port Folio of a Man of Letters. WHEN CERVANTES wrote Don

Quixote, he could hardly flatter himself, that the decifions of Sancho, while governor of his ifland, would become precedents for other judges. Yet we find a French cafe fo exactly fimilar both in circumstances and in terms to one of thefe, that it is not eafy to fuppofe, that the French judge had not Governor Sancho's determination in his eye, though he might probably not cite the Baratarian reports. The following is a literal tranflation of the cafe from VOUGLANS, on the Criminal Law of France, (page 498) Paris, 1757. "A judge having condemned a perfon accufed of a rape to pay the accufer a certain fum of money, in name of damages, immediately authorised the man to take back from the woman the money he had given her; which he being unable to do on account of the vigorous refiftance of the female, the judge ordered the latter to refund the damages, upon this

ground, that if she had been anxious to de

fend her perfon, it was more in her power to do fo than to defend her money.”

SHAKESPEARE, in his witty detail, in "As you like it," of the different degrees of giving the affront, feems to have had in his eye an Italian treatife on Duelling, by MUTIUS, printed at Venice in 1560, of the chapters of which the following are the titles" Of the Lie immaterial-Of the Lie fpecial-Of the Lie general-Of the Lie hypothetical-Of the Lie direct. Whether Mr. SHERIDAN borrowed his idea in the "Critic," of the degrees of puffing from Shakespeare or Mutius, I do not pretend to determine.

Duelling feems formerly to have been more fyftematical than it is at present, Paris de Puteo, a Neapolitan advocate of the fixteenth century, confined his practice entirely to this branch of the law,

and

and was confulted upon cafes of honour, referred to him from all parts of Europe.

Legal conveyancing feems at all times, and in all countries to have been unneceffarily redundant in ftyle. The oldeft conveyance upon Record defcribes the premifes with almoft as much tautology as if it had been drawn in the temple. I allude to the conveyance of the cave of Machpelah, from the fons of Heth to Abrabam, Genefis, 23." And the field of Ephron, which was in Machpelah, which was before Mamre, the field, and the cave which was therein, and all the trees which were in the field, that were in all the borders round about, were made fure to Abraham."

Among the privileges exclufively enjoy ed by the nobility of this country, there is one, which probably many of themselves may be ignorant of. By the Charta Forefta, chap. x. every archbishop, bishop, earl, or Baron, going to the king at his command, may, in paffing through the royal forest, take one beaft or two, at fight of the keeper, if he be present, or in his abfence upon blowing a horn, to fhew that they do not do it by fiealth.

The following proclamation of her majefty Queen Ann, is copied from the London Gazette, from March 7 to 12, 1712. "It being her majefty's royal intention to touch publicly, for the evil, on Tuefday, the 17th of this instant March, and fo to continue for fome time; it is her majesty's command, that tickets be delivered the day before, at Whitehall; and that all perfons bring a certificate, figned by the minifter and church-wardens of their respective parishes, that they never received the royal touch.”

Pigeons are in Perfia a fubject of game bows. To be entitled to the privilege of killing a wild pigeon, it is neceffary to be a Muffelman; and we learn from TAVERNIER, that Chriftians have frequent ly become Mahometans, to entitle them to this qualification of killing game.

The quantity of corn deftroyed by pigeons is amazing. HARTLIB, in his Legacy of Husbandry," calculates that there were in his time 26,000 pigeonhoufes in England; and, allowing 500 pair to each house, and four bushels yearly to be confumed or destroyed by each pair, it makes the whole the corn loft to be no less than thirteen millions of bushels annually. It is, however, but just to say,

that it has been found, that pigeons, like most other animals, perfecuted for real or fuppofed mischief, are at the fame time of ufe, as they confume the feeds of weeds, ar l alfo the infects which are most injurious to the farmer.

His prefent majesty's reign has been diftinguished by the repeal of a variety of penal laws, which were a difgrace to the nation. By 12 Geo. III. c. 71 the enermoufly fevere ftatutes against foreftalling and ingroffing are repealed; fo that these acts now remain only misdemeanors at common law.-The ftatute of Elizabeth against cottages is repealed by 15 Geo. III. c. 32.—The acts against gypfies are repealed by 23 Geo. III. c. 51, fo that thefe people are now only punishable as vagrants.-The very exceptionable process against persons standing mute, on an arraignment of felony, is done away by 12 Geo. III. c. 20, which enacts that the perfon fo ftanding mute, or not answering directly to the charge, fhall be convicted, and the fame judgment and execution be awarded, as on conviction or confeffion.

Laftly, fome of the most rigorous penal acts against Papifts are abrogated by 18 Geo. III. c. 60.

The laws of this, and indeed all chriftian countries, against Jews, were formerly dreadfully fevere. By an act of parliament of Edward the firft, every Jew above feven years of age was obliged to wear a mark of two cables joined, upon their upper garment: they were declared to be the king's flaves; the good chriftians were allowed to take only half their fubftance, and laftly no chriftian was permitted to lie in their houfes. But notwithstanding thefe feverities a Jew was thereby permitted to purchase a house and curtilage; which an enlightened parliament of the eighteenth century would not permit. By another ftatute of the fame king, if any butcher fold flesh bought of a Jew, he was for the first offence to be heavily amerced; for the fecond to be fet in the pillory'; for the third to be imprifoned; and for the fourth to be banished from the town where the offence was committed.

A rich Jew not ranfoming himself, king John ordered, for feven days fucceffively, one of his teeth to be pulled out; upon which he at laft fubmitted to pay the king 10,000 marks of filver.-Stow's Chronicle, p. 168. By an ordinance of king John likewife a Jew could not affign a debt due to him by a chriftian, which

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