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And all this time the spirit of revolt against Napoleon's domination was growing rapidly in Germany; and had the Austrians only made the slightest use of their present opportunity, the whole of the country would have been in arms and the French completely driven out. Though Prussia was still too much depressed to dare to rise and join Austria, there was a fast-growing spirit of indignation amongst its population, which the Tugend Bund had tended greatly to increase. The brave Major Schill, without waiting for any sanction from the King of Prussia, led forth his band of hussars, amounting to about five thousand, and prepared to join with Colonel D?rnberg, an officer of Jerome, the King of Westphalia's guard, to raise an insurrection in that State, and drive out Jerome and the French. The design was betrayed to Jerome by a traitorous friend of D?rnberg, and he was compelled to fly. Letters found amongst D?rnberg's papers showed the participation of Schill in the scheme. Jerome, of course, complained to the King of Prussia, and the unhappy monarch was obliged to disavow and denounce the conduct of Schill. The brave partisan made his way to Wittenberg and Halberstadt, and was pursued by the forces of Westphalia and Holland northwards to Weimar, and finally to Stralsund, which he prepared to defend. The place was stormed by the Dutch and Westphalians, and Schill was killed fighting in the streets of Stralsund, after having split the head of the Dutch general, Carteret, with his sword. Thus fell the gallant Schill, true to his motto"Better a terrible end than endless terror."

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But here their career was doomed to end. Preston had witnessed the rout of the Royalists by Cromwell, and it was now to witness the rout of the rebels by the Royalists. Carpenter, on finding that the insurgents had taken the way through Cumberland, also hastened back to Newcastle and Durham, where he was joined by General Wills. Wills was in advance with six regiments of cavalry, mostly newly-raised troops, but full of spirit, and well-officered. He came near Preston on the 12th of November, whilst Carpenter was approaching in another direction, so as to take the enemy in the flank. Forster quickly showed that he was an incompetent commander. He was at first greatly elated by the junction of the Lancashire men, but, on hearing that the royal troops were upon them, he was instantly panic-stricken, and, instead of issuing orders, or summoning a council, he betook himself to bed. Lord Kenmure roused him from his ignominious repose, but it was too late; no means were taken to secure the natural advantages of the place. The bridge over the Ribble, which might have kept the enemy at bay, was left undefended; so that when Wills rode up to it on the morning of the 13th, he imagined that the rebels had evacuated the place. Besides the bridge over the river, there was a deep and hollow way of half a mile from the bridge to the town, with high and steep banks, from which an army might have been annihilated; but all was left undefended. It was only when Wills advanced into the town that he became aware that the rebels were still there, and found his path obstructed by barricades raised in the streets. His soldiers gallantly attacked these barricades, but were met by a murderous fire both from behind them and from the houses on each side. But luckily for the royal forces the least ability was wanting in the rebel commander. With all the advantages on his side, Forster secretly sent Colonel Oxburgh to propose a capitulation. Wills at first refused to listen to it, declaring that he could not treat with rebels who had murdered many of the king's subjects; but at length he said, if they would lay down their arms, he would defend them from being cut to pieces by the soldiers till he received further orders from Government. One thousand five hundred men surrendered, including eight noblemen, but a good many escaped.But, notwithstanding these partial advantages, and though the duke and his army were enduring all the severities of a Highland winter, exposed to the cutting east winds on that inclement coast, and compelled to keep quarters for some time, Cumberland was steadily seizing every opportunity to enclose the Highlanders in his toils. His ships cut off all supplies coming by sea. They captured two vessels sent from France to their aid, on board of one of which they took the brother of the Duke of Berwick. The Hazard, a sloop which the Highlanders had seized and sent several times to France, was now pursued by an English cruiser, and driven ashore on the coast of Sutherland: on board her were a hundred and fifty men and officers, and ten thousand pounds in gold, which the clan Mackay, headed by Lord Reay, got possession of. This last blow, in addition to other vessels sent out to succour him being compelled to return to France, reduced Charles to the utmost[105] extremities. He had only five hundred louis-d'ors left in his chest, and he was obliged to pay his troops in meal, to their great suffering and discontent. Cumberland was, in fact, already conquering them by reducing them to mere feeble skeletons of men. The dry winds of March rendered the rivers fordable, and, as soon as it grew milder, he availed himself of this to coop the unhappy Highlanders up still more narrowly in their barren wilds, and stop all the passes into the Lowlands, by which they might obtain provisions. He himself lay at Aberdeen with strong outposts in all directions; Mordaunt at Old Meldrum, and Bland at Strathbogie. As soon as he received an abundance of provisions by a fleet of transports, along with Bligh's regiment, hearing that the Spey was fordable, on the 7th of April he issued orders to march, and the next day set forward himself from Aberdeen with Lord Kerr's dragoons and six regiments of foot, having the fleet still following along the shore with a gentle and fair wind. On reaching the Spey Lord John Drummond disputed their passage, having raised a battery to sweep the ford, and ranged his best marksmen along the shore. But the heavier artillery of the duke soon drove Lord John from the ground; he set fire to his barracks and huts, and left the ford open to the enemy, who soon got across. On Sunday, the 13th of April, the English advanced to Alves, and on the 14th reached Nairn. As the van, consisting of the Argyllshire men, some companies of Grenadiers, and Kingston's Light Horse, entered Nairn, the rear of Lord John Drummond had not quitted it, and there was skirmishing at the bridge. The Highlanders still retreated to a place called the Lochs of the Clans, about five miles beyond Nairn, where the prince came up with reinforcements, and, turning the flight, pursued the English back again to the main body of their army, which was encamped on the plain to the west of Nairn.But at length the Legislature adopted a measure which attempted to go to the root of one of the greatest evils that afflicted Ireland. This was a Bill for facilitating the transfer of encumbered estates, which was passed into law, and is generally known as the Encumbered Estates Act. It was introduced by the Solicitor-General, Sir Samuel Romilly, on the 26th of April. Nothing could be more unsatisfactory than the state of landed property in that country. Many of the estates had been in Chancery for a long series of years, under the management of receivers, and periodically let at rack-rents. Many others which were not in Chancery were so heavily mortgaged that the owners were merely nominal. Others again were so tied up by family settlements, or held by such defective titles, that they could not be transferred. Consequently, a great portion of the landed property of the country was in such a condition that capital could not be invested in it, or expended on it. The course of proceeding in Chancery was so slow, so expensive, so ruinous, and the court was so apparently incapable of reform, that nothing could be expected from that quarter. The Government, therefore, proposed to establish a commission, invested with all the powers of that court, and capable of exercising those powers in a summary manner, without delay and without expense, so that an encumbered estate could be at once sold, either wholly or in part, and a parliamentary title given, which should be good against all the world. This important measure met with general approval in both Houses. Indeed it was hailed with satisfaction by all classes of the community, with the exception of a portion of the Irish landed gentry. There were three commissioners appointed, lawyers of eminence and experience in connection with land. By a subsequent enactment in 1849, it was regulated as a permanent institution, under the title of the Landed Estates Court; the three commissioners were styled judges, ranking with the judges of the Law Courts. The number of petitions or applications for sale made to this court from the 17th of October, 1849, to the 1st of August, 1850, was 1,085, and of this number those by owners amounted to 177nearly one-sixth of the whole. The rental of the estates thus sought to be sold by the nominal proprietors, anxious to be relieved of their burdens, was 195,000 per annum, and the encumbrances affecting them amounted to no less than 3,260,000. The rental of the estates included in 1,085 applications, made by others not owners, amounted to 655,470 per annum, and the debt upon these amounted to the enormous sum of 12,400,348. One of the estates brought before the court had been in Chancery for seventy years, the original bill having been filed by Lord Mansfield in 1781. The estates were broken up into parcels for the convenience of purchasers, many of whom were the occupying tenants, and the great majority were Irishmen. Generally the properties brought their full value, estimated by the poor-law valuation, not by the rack rents which were set down in the agents' books, but never recovered. The amount of capital that lay dormant in Ireland, waiting for investment in land, may be inferred from the fact that in nine yearsfrom 1849 to 1858the sum of twenty-two millions sterling was paid for 2,380 estates. But in the pacification of Ireland the Act accomplished far less than was hoped by Sir Robert Peel, who practically forced the measure upon the Ministry. Men of capital looked for a fair percentage for their investments: many of them were merchants and solicitors, without any of the attachments that subsisted between the old race of landlords and their tenants, and they naturally dealt with land as they did with other mattersin a commercial spiritand evicted wholesale tenants who were unable to pay.What a totally different species of composition was the "Vicar" to the tale of "Rasselas," published by his friend Dr. Samuel Johnson (b. 1709; d. 1784), the great lexicographer, seven years before! This was conceived in the romantic and allegoric spirit of the time"The Ten Days of Seged," "The Vision of Mirza," and the like. It was laid in the south, but amid Eastern manners, and didactic in spirit and ornate in style. It was measured, and graceful, and dulltoo scholastic to seize on the heart and the imagination. On a nature like Goldsmith's it could make no impression, and therefore leave no trace. The one was like a scene amid palm trees, and fountains, and sporting gazelles; the other like a genuine English common, on which robust children were tumbling and shouting, amid blooming gorse, near the sunny brook, with the lark carolling above them. There is no country in Europe, scarcely in the world, where letters are known, which has not its translation of the "Vicar of Wakefield." Even in England, "Rasselas" is almost forgotten.
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