Memoirs of the Life and Actions of the late EARL of BRISTOL. Auguftus John Hervey, third Earl of Bristol, the fecond son of John Lord Hervey, by Mary, daughter of Brigadier-general Lepell, and one of the maids of honour to Queen Caroline when Princefs of Wales, was horn May 19, 1724 Chufing a maritime We, after paffing through the fubordinate ftations, we find him a lieutenant in the royal navy in the year 1744, a iemarkable æra in his life, as being at Winchelter races he then fuft faw Mifs Chudleigh at her aunt's, Mrs. Hanmer's, at Lainftone in Han phire, where they were privately married at about eleven in the evening of Aqguit 4, 1744. A few days after, Mr. Hervey was obliged to embark at Portfmouth for Jamaica, in Vice-admiral Davers's fleet: at his return they lived together as man and wife, in Conduit ftreet, Hanover-fquare, and were vifited by their relations as fuch. On January 17, 1746 7, he was appointed a poft captain in the navy; and in the faine year, if we mistake not, his lady (though ftrange to fay, then, and till the year 1764, he continued maid of honour to the Princefs of Wales) prefented him with a fon, born at Chellea, who died an infant. 1752, to that of the Phoenix, of 24 guns. About this time Mr. Hervey defired Mr. Cæfar Hawkins to wait on his wife with propofals refpecting a divorce, but the then refusing to ten to any terms, no ftep of any confequence was taken till feven years after. In the parliament that met May 31, 1754, his uncle Felton and he were both returned (with Lord Petersham) for St. Edmund's Bury; but the houfe declared the former the fitring member. On Lord Petersham's fucceeding to the peerage in 1756, Captain Hervey was chofen in his room for St. Edmund's Bury, and in the month of April 1756 we find him ferving in the Phoenix, under Commodore (now Lord) Edgcumbe in the Mediterranean, and (being fent by him to Leghorn in order to gain intelligence) giving our miniftry, from Villa Franca, the earlieft advice of the attack of Minorca. He joined Ad· miral Byng off Majorca May 17, who on the 20th fent him a head with two more frigates to endeavour to land a letter for General Blakeney, and to make the private fignal agreed upon between him and Capt. Scrope, but upon the appearance of the French fleet to the fouth-eaft they were called off. In the indecifive engagement that followed, Capt. Hervey bravely The following epigrammatical ænig-offered, and prepared his fhip to ferve ma, faid to be written by the late Earl of Chefterfield, may not improperly be here inferted: A wife, whom yet no husband dares to name, A mother, whom no children dare to claim, All this is true, but it may yet be said, This wife, this mother, ftill remains a maid. Soon aftet this a coolness enfued between the captain and his wife, which increafing to an indifference, made them both with for a feparation. In January 1747 he was appointed to the command of the Princeffa, of 70 guns, and ferved in the Mediterra Dean under the Admirals Medley and Byng, and after the peace, in January. For this lady's character by Lord ·Chesterfield, fee vol. xliv. p. 347. ८ In the proceedings on the Duchefs of Kingiton's trial, vol. xlvi. p. 184, (where thefe particulars are recorded) for Sir John Danvers,' read Admiral Divas; for 1742 1744;' and for the Mediteranean' the West Indies." as a firefhip, and was ftationed a-breaft the Admiral to repeat fignals. Capt. Andrews being flain in the action, he was appointed to fucceed him, in the Defiance of 64 guns. In his evidence on Admiral Byng's trial, in December following, he gave it as his opi nion, that more fail might have b-en made with the rear divifion. In July 1757, then commanding the HamptonCourt, of 64 guns, he drove the Nymph, a French frigate of 32 guns, upon the rocks of the ifland of Majorca, and, on her refufal to furrender, there funk her; and afterwards took a Finch hip, laden with timber and other materials, and retook two English vefiels laden with corn, which he carried to Nice. Feb. 28, 1758, in the fame fhip he fupported Capt. Gardiner in his fpirited attack and capture of the Fondroyant, who being unfortunately fain in the action, he fucceeded him in the Monmouth, the best failing ship then in the navy, in which he burnt in July following the Rofe, a French frigate of 36 guns, in the f had 16 men killed, and 37 wounded. On the furrender of the Havannah, Capt. Hervey had the honour to be dispatched by the Admiral, with the account to England, where he arrived September 29, taking in his paffage a large French frigate for Newfoundland (then in the enemy's poffeffion) with military flores. November 6, he was rewarded with the appointment of Colonel of the Plymouth d`vision of Marines ; this vacated his eat in Parliament, in which he was fucceeded by his youngest brother, William. After the peace, January 12, 1763, the Corporation of Plymouth tranfmitted to him the freedom of their Borough, in conûderation of the many great and eminent fervices he had rendered his King and Country, during the war. In October following he was nominated to the command of one of the King's yatchs. In November he was appointed one of the viroom's of his Maj-ity's Bed Chamber, and was chofen foon after for Saltah, in Cornwall. the island of Malta; an infult of which the Maltese complained loudly. In 1759, being then Commodore, he, with three fhips more, closely watched the French fleet in Breft, and on July 14, feeing four fhips with ftores coming down to Breft, between the thore and fome rocks, about the paffage Du Tour, with the Pallas frigate, Capt. Clements, he plied clofe up to them, under the fire and bombardment of the forts and a battery, and with his boats cut out the veffels, and made fail with them, with Swedish colours flying. That two fhips fhould take out four, from under fuch a fire, in fight of twenty fhips of the line in their own port, and four flags flying, was just matter of exultation to Sir Edward Hawke and the whole fleet, and a prefage of what happened off Belleifle on the 20th of November. On September 28, Captain Hervey again ditinguished himself on the fame flation, by rowing at night in the Monmouth's harge, with four others, into a bay close to the French fleet, and boarding and bringing out a little yatch belonging to the French Admiral, in the midst of inceffant firing from the fhore; and the Commodore, who received no hurt, a fhot only paffing through his coat, generously gave up his hare of the prize ând head money to the feanien who went in the barges with him. In the first parliament of his prefent Majefty, which met November 3, 1761, Capt. Hervey was re-elected for St. Edmund's Bury, and in the fame year. was appointed to the Dragon, a new hip of 74 guns. On the breaking out of the Spanish war, in which his brother the Eail difcovered equal fpirit and adhiefs as a negociator, he acted a diftinguished part at the fiege and reduction of the Havannah under Sir George Pococke in 1762, battering and filencing Fort Coximar, June 6, which enabled the Earl of Albemarle and the army to pals that river upmolested; and on july 1, he commanded a very gallant attack on the North-Eaft part of the Moro Castle, with three large hips, which he placed very judiciously, keeping a conftant fire for fix hours, though, the fortrefs being fo high, the fhips could make but litle impreffion, and were all much damaged. The Dragon alfo, on the water's talling, touched the ground, and was forced to ftave her water-cafks to lighten her. She In September, 1765, the Earl of Bristol, justly e 'ecmed by the Earl' of Chatham (then Lord Privy Seal) for his fpirited conduct at Madrid, being declared by his Majefty Lord Lieutenant of Ireland, he appointed his brother Auguftus bis Secretary, who in confequence was fworn of the Bih Privy Council; but that, and his brother Frederick's promotion to the Bishoprick of Cloyne, were the only fruits of his Lordship's administration, as he never went over to that Kingdom. In 167, Capt. Harvey prefented to the House of Commons, a Petition of the Lieutenants of his Majetty's navy, befetching an augmentation of their half pay, which he feconded with fuch energy, that an addiets was voted to his Majefty "intreating him to make further provision for to ufetul and deferving a corps." In the Parliament fummoned to meet May 10, 1768, he was again chofen for St. Edmund's-bury. In the fame year, the fcene or farce which had been eagerly acting for nine years, was finally completed by Mifs Chudleigh obtaining her fuit o jactitation of marriage in the Ecclesiaitical Court agaipf her imputed hofband, that Court declaring, that “the parties, as far as appeared to them, were never legally married, and that Mifs C. was, and is, a ipinfter; and Sze his speech, vol. xxxvii. p. 28. fres free to marry, especially in refpect to the Hon. Auguftus Hervey." The witnefs who could, and afterwards did prove the marriage, was at this time fent by the lady into Lincolnfhire, on a penfion of 20l. a year, and that there was a collufion on both fides there is now no doubt. In confequence of this fentence, thus fraudulently obtained, Mr. Hervey, as the civilians exprefs it, was enjoined perpetual filence as to the premises; he vainly flattered himself that a more eligible matrimonial connection might now he fafely formed, and the thought herfelf at liberty to give her hand to the late Duke of Kingston, and they were married, by a special licence, at St. George's, Hanover Square, March 8, 1769. In January, 1771, Mr. Hervey was appointed one of the Lords Commiffioners of the Admiralty. In the prefent parliament, which met November 29, 1774, he was a fourth time returned for St. Edmund's Bury; but his brother dying unmarried, March 18, 1775, he fucceeded to the family honours and eftates, and was called to the House of Peers as the Earl of Bristol. He now refigned his poft of Lord of the Admiralty, Groom of the Bed-chamber, and Colonel of Marines; was advanced to the rank of Rear Admiral of the Blue. An indictment being preferred against the Duchefs of Kington for bigamy, he appeared in the Court of King's Bench, May 24, having come over from Rome for that purpofe, and entered into a recognizance, herself in 4000l. and her four furieties in 1000l. each, that the fhould appear to answer it when called upon by the King and her Peers. April 15, 1976, her Gra. e's trial came on in Weftminfter- hall, and, after lafting five days, her marriage with Mr. Hervey being fully established, by the evidence of Anne Craddock, who was present at it, and the regifter,&c. all her Peers but one found her guilty, but in confideration of her Peerage, the claimed, and was allowed, the benefit of clergy. Her noble husband had taken in the mean time a tour to the continent, from whence he did not return, till the form was blown over, bet time enough to appear in the Houfe the first day of the enfuing feffion, October 30, + The Duke of Newcastle, who faid, "errroneously. but not intentionally guilty." where he clofed the debate on the midtion for an addrefs with a confolatory account of the flourishing state of the navy, and a high elogium on the attention and abilities of Lord Sandwich; faid "he loved his country and his profeffion, abhorred the American caufe, and was ready to fhed his blood in defence of his country, which he would never defert while he had a foot to ftand on." In January 24, 1777, as the first court of judicature in the kingdom had now given his Lordship a wife, while an inferior tribunal had as pofitively declared that he had none, he called upon his Countess to appear in the Confiftory Court of London, to fhew caufe why the fentence given in that court, in 1760, fhould not be revoked. There, after many learned pleadings, the Chancellor of London (Dr. Bettelworth) difcharged the rule, and obliged the lady to fhew caufe why Lord Bristol fhould not be admitted to prove the marriage. Jan. 28, 1778, his Lordship was promoted to the rank of vice admiral of the blue. In a debâte in the Houfe of Lords, Feb. 16, now joining with the oppofition, he talked of the heavy burdens and melancholy profpects of Great Britain, the bad condition of our fhips, &c. which Lord Sandwich denying, and adding, that "in cafe of a French war, a fhip [the Royal George] had been affigned for the noble Earl, and that at leaft might be prefumed to be amply fupplied" he anfwered, he was very willing to ferve his country in the line of his profeffion; but God forbid that he fhould fet his foot in the fhip which had been affigned him, fo wretchedly as it was at prefent manned." February 19, his Lord. ship in debate differed from Lord Sandwich as to the number of ships in commiffion, producing a list of the names of 64, without go gun ships, which, however, he infifted were allo of the line: This Lord Sandwich would not allow; and affirmed that there were only 58 line of battle hips. March 6, Lord Bristol fpcke againft the three American conciliatory bills, "which far from obtaining peace (he faid) the favourite object of his defires, he firmly believed would be the means of founding the trumpet of war to all the neighbouring powers.” May 25, in the debate on the neceffity of having a fleet stationed in the Mediterranean, his Lordship took an active active part, though then in an ill state of health, controverting the doctrines maintained by Lord Sandwich, pointing out feveral material mifmanagements and the remedies, and faying, that," as an Englishmaan, he blushed For the honour of his country." June 2 he spoke in favour of the motion for addreffing his Majesty only to adjourn inftead of proroguing the parliament. On the first day of the enfuing feffion, Nov. 26, his Lordfhip gave his nega tive to the propofed address, and in fifted on a previous enquiry into the causes of all our miscarriages, particularly that of the 27th of July, in refpect to the conduct of Sir Hugh Pallifer. He was alfo one of the twelve Admirals who fubfcribed and preTented the memorial to his My on that occafion, Dec. 30, and on the acquittal of Admiral Keppel, BriftolHouse, in St. James's Square, was diftinguished by its elegant illumina tions. Feb. 11, the Earl of Bristol being confined by the gout, on Feb. 19, the Duke of Richmond, by commiffion from his Lordship, read the following motion; "That an addrefs be prefented to his Majefty, that he will be pleafed to order the proper officers to lay before the Houfe an account of the state of the navy from the year 1751 to the year 1758, both years included:" which was agreed to. April 23, having made a motion (which had been long deferred by his illness) for addreffing his Majefty to remove Lord Sandwich from his office, which paffed in the negative, he not only joined with 24 other lords in a protelt, but also eutered his particular reafons for making it in the jourhals of the House. May 7, the attack of Jerfey, "the very anti chamber,” as he called it, "of this kingdom," his Lordship faid, was a powerful confirmation of the opinions he had before maintained, and called upon men in office to inform him in what light they confidered Admiral Arbuthnot's going without orders to relieve it, left the ill confequences which might, perhaps, arise in Ameriça, fhould hereafter be imputed to his brave friend. No answer being given, Lord Briftol called the filence of the Firft Lord of the Admiralty a contempt of the House. Lord Sandwich then explained his motives, faid, an irregular charge did not require a ferious defence, which, however, he was ready to make on See vol. xlix. p. 13. any given day; and as to Admiral Arbuthnot, he was fecured from any future attack that might originate în the Admiralty, by having had his praifes perfonally, and theirs collectively. May 11, his Lordship fapported the Marquis of Rockingham's motion for taking the affairs of Ireland into immediate confideration, and dwelling particularly on the bad management of the navy, which in its prefent ftate, he said, could not furnifh fhips for the defence of Ireland, if attacked by the French, without expofing England: and to Lord Gow er's motion, which was fubftituted, he made fome objections. About this time his Lordfhip, with the other principal members of oppofition, conftantly affembled, when his health permifted, every Sunday evening at Glous tefter Houfe. May 13, on the fabject of the mutiny in the Defiance, he infitted that this was but one indication of a general difpofition, of which the confequences would foon appear in more places than one. June 28, he argued against the principle of Lord North's bill for augmenting the militia, as the naval, the marine, and tire regular forces, all more importaæt than the militia, would be materially injured in the paffing it. In this the majority agreed with him, and no augmentation was made but that of volunteers. The gout now had ruined his conftitution, and at length feizing his stomach, put a period to his life, Dec. 22, 1779, at his houfe in St. James's Square. Leaving no legiti mate iffue, the titles and entailed eftate devolved to his next brother, the Hon. and Rev. Frederic Lord Bishop of Derry, but all that part of his fortune which was in his power to alienate, he deviled to others, not excepting the deer in his park at Ickworth, or his sheep, to the amount of 1500 All his perfonals, including an eftare, whieh he had purchafed of 1200l. a year in Yorkshire, he left to Mrs.. Nefbitt (whom with his youngest brother, the Hon. Col. William Hervey, and the Earl of Coventry, he appointed his executors) on this condition only, that the fhould allow his natural fon, Auguftus Hervey, zool. a year, during his minority, and 4ool. a year afterwards; fo that Mr. His, in this refpe&t, merely an anni. tant on Mrs. N. The other perionals, to a very large amount, are divided equally among them. The fo! lowing is an authentic copy of the codicil to his Lordship's will: "By Iway of codicil I write this with my own hand, and hereby give to my natural fon, Auguftus Hervey, the box or cheft, with all my father's manufcript writings therein contained; and in cafe of his death, I give the fame to my brother William Hervey, but with ftrict injunction both to the one and the other, never to print or publifh them, or my father's memoirs, during the reign of his prefent Majelty; or for any time, or at any time, to give or lend, or leave them to my brother Frederic, the prefent Bishop of Derry*; as witness my hand this 20th day of May, 1779.. BRISTOL." Friends as we are to polite and political knowledge, and, from the fpecimens that have been published, convinced of the genius of the late Lord Hervey, and alfo, from general report, of the taste of the prefent EarlBishopt; this laft claufe gives us real concern, and feems fo unreasonable, that we should think it "more honoured in the breach than in the obfervance." What his prefent Majesty has to do with thefe MSS and Memoirs we cannot conjecture, as the noble author died five years only after he was born; unless meanly exrending fome perfonal refentment beyond the grave, the teftator wifhed to deprive his Sovereign of the literary pleasure and political information which thefe works might afford. As a naval commander, the late Earl of Bristol difplayed, it must be owned, on all occafions, that activity and true British spirit which characterise the Herveys; but though, "in a profeffional line," as he termed it, this eulogium is his due, we can extend it no farther; his moral character, his matrimonial tranfa&tions, &c. excite our pity and contempt. Mr. URBAN, ON reading Dr. Fothergill's letter in your laft volume, p. 431. in reply On this one of the papers has remarked," It is a melancholy circumftance to observe that the spirit of party, and what is still worfe, fraternal malice, shall accompany fome men to the very awful moment of their non-existence." or rather of their entrance into the world of fpirits. Thus Alvarez prime minifer of Spain in the last century, was ftyled, The Count Duke. See Gil Blas, vol. iv. to the remarks of your correspondent Crito, P. 359. reipecting what the Quakers call their fufferings on account of tithes and church rates. The pam phlet from which I send you the following extract, immediately occurred to my wind; in which I remembered their plea of Confcience, urged anew by the Doctor, to have been particularly noticed; and as I thought, and still think, fairly fet afide. But abfence from home, and many avocations fince my return, prevented my turning to the book till the other day; when, upon perusing that part of it, the argument appeared to me, as it had formerly done, so forcibly as well as candidly urged, that I could not help thinking your readers of all denominations (Quakers only excepted) would be pleafed with it. I therefore determined to transcribe fo much of it as relates to the point in question, to be inferted as a proper clofe to the difpute. The book I refer to is intitled, "An Examination of a Book lately printed by the Quakers, and by them distributed to the Members of both Houses of Parliament, entitled, A brief account of many of the perfecutions of the people called Quakers, in the Exchequer, ecclefiaftical, and other courts, &c. in defence of the Clergy of the Diocese of York." London, 1741. After ftating what measure of credibility in general is to be allowed to the Brief Account, by confidering the nature and fubfequent application of the original Memoirs upon which it was compiled; and then exculpating the Clergy from the heavy charges of litigioufnefs and oppreffion, fo liberally bestowed upon them by thofe confcientious people, the Author in conclu fion makes many judicious remarks and reflections upon the subject, and from the whole infers, p. 144. So that a pamphlet full of feveral charges against fellow fubjects is entirely deftitute of all proof to maintain them: and the reputations of private men have been previously attacked, that the way might be more open for injuring them afterwards in their property.” "An equal prefervation of property, continues he, by impartial laws, is the effential criterion of a well conftituted government; and it is the diftinguishing excellence of our own. A free toleration in matters of religion is the glorious characteristic of Protehantism and it is the felieity of Engih Protefants, who unhappily diffent from the eftablished |