354 
| 5. To guard against cabals, prejudices, in- 
trigues, and improper influence in juries, by 
€alling each jury in a predetermined order 
rom at least three remote districts of the ju- 
¥isdiction. 
6. To summon grand juries by a similar ro- 
tation from among the most intelligent and 
independent persons of every district, taking 
care that there is a due mixture and balance 
yt local interest in every grand jury, 
7. To examine minutely and scrupulously 
every charge made against goalers, turnkeys, 
bailiffs, and their followers; to visit lock-up 
Houses, and beware that no extortionate or 
Vexatious practices take place in exacting 
bail. 
In a word, the security of our persong 
and properties, under the law, against 
eppression or mal-administration, is in 
Memoirs of Prince Eugene, of Satoy. 
[Nov. I, 
the hands of the sheriff, and it depends 
greatly on his vigilance whether the laws 
serve as a means of protection or annoy- 
ance. While the verdicts of juries re- 
main a barrier against the caprices of 
Judges, and the influence of wealth and 
power, it is evidently of the Inghest im- 
portance that the sberiff summon them 
in the way which is the most likely to 
secure an-impartial and independent deci- 
sion, and therein lies the essence of Eng- 
lish liberty, On the intelligence and 
uprightness of the executive officer de- 
pend therefore all that is desirable under 
the constitution of England, and all that 
renders the English, in respect to civil 
liberty, superior to other nations. 
MEMOIRS AND REMAINS OF EMINENT PERSONS. 
weEMorRS of the LIFE of PRINCE 
EUGENE of savoy; WRITTEN by 
HIMSELF. | | 
(Concluded from No. 204, p. 246.) 
[1711 continued. ] 
J WENT to Utrecht to see how the 
negociations proceeded. England, 
Savoy, Portugal, and Prussia, were ready 
to sign their treaties; and Holland hung 
only by a thread. 
I set out for Vienna to report this to 
the Emperor. On my arrival, Charles 
VI. said to me: “ You are right; Hol- 
Jand has just signed too. So Zinzendorf 
informs me ; and he bas sent me the pro- 
posals of France, to which you will cer- 
tainly not advise me to agree.” “ Your 
Majesty does me justice,” I replied, “ We 
will obtain neutrality for the Low Coun- 
tries; and with the treops which you will 
order thence, as well as from Naples and 
Lombardy, we shall be able to keep the 
French in check on the Rhine.” 
I hastened to all the states and ceurts 
ef the empire to collect men and money. 
1 procured three millions of crowns in 
one quarter, and a million of florins in 
another. But the tardiness of the princes 
and circles in marching from their quar- 
ters prevented me from anticipating the 
French on the Upper Rhine. Charles 
VI. manifested a desire to command his 
army in person. If represented to him 
that he could gain no honor byit. My 
Opinion was but too well-founded, as I 
clearly perceived that Villars meant to 
make an attempt on Landau. {f ordered 
lines to be formed at Etlingen, within 
which I sent one-half of my army, and 
posted the other at Muhlberg, where I 
hoped my reinforcements would arrive 
before the fall of Landau; but the 
Prince of Wirtemberg was obliged to 
capitulate. 
Still I was in hopes of preventing the 
French from besieging Friburg. I took 
possession of all the defiles of the moun- 
tains. I threw up entrenchments, form- 
ed abattis, and erected redoubts at all the 
principal points. The inferiority of my 
force made me fear that the peace, which 
must necessarily be soon concluded, 
would be detestable: I called in all my 
troops, leaving only 18,000 with Aubonne 
to defend. the passage of the mountains. 
Villars attacked the heights with his 
grenadiers. The troops of the circles, 
which I had placed behind the abattis, 
behaved like the Dutch at Denain, and 
ran away at the first fire. The Duke of 
Bourbon and the Prince of Conti began 
the attack of the defiles at seven in the 
evening. Aubonne, hurried away by the 
fugitives, could not rally them till they 
were at such a distance that he could 
not regain his entrenchments, and con- 
tented himself with throwing twelve 
battalions into Friburg. After so many 
battles during a period of thirteen years, 
the emperor’s troops themselves were but 
raw recruits. ‘The best of my entrench- 
ments at Hohlgraben being forced, there 
was nothing to check Villars in his march 
across the Black Forest, and he opened 
the trenches before Friburg on the Ist of. 
Harsch disputed every inch — 
October. 
of ground. In the night between the 
14th and 15th, the covered way was takeg 
f 
: 
f 
A 
