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At Hardwicke Grange, near Shrewsbury, aged 70, the Right Hon. Rowland Hill, Viscount Hill, of Hawkstone, and of Hardwicke, co. Salop, (1842); Baron Hill of Almarez, and of Hawkstone, co. Salop, (1814); Baron Hill of Almarez, and of Hardwicke, (1816), G. C. B. and Knight of the orders of the Guelphs of Hanover, the Tower and Sword of Portugal, Maria Theresa of Austria, St. George of Russia, Wilhelm of Holland, and the Crescent of Turkey; a Privy Councillor, General in the army, Colonel of the Royal Horse Guards, Governor of Plymouth, a Commissioner of the Royal Military College and of the Royal Military Asylum; and D. C. L. His Lordship was born August 11th, 1772, and was second son of the late Sir John Hill, Bart., of Hawkstone, who married Mary, one of the daughters and co-heiresses of John Chambre, esq., of Petton, in Shropshire, by which lady he had sixteen children, twelve of whom survived their mother. Lord Hill entered the army in the sixteenth year of

his age.

His first commission was an ensigncy in the 38th reg., and having obtained leave of absence, with the view of improving his military knowledge, he was placed at an academy at Strasburg, where he remained one year, and then accompanied his elder brother and his uncle, the late Sir Richard Hill, in a tour through Germany, France, and Holland. Lord Hill commenced his military duty at Edinburgh, where he had the advantage of the best society, and received from many of the nobility and first families particular notice. Ilis removal from Scotland took place in consequence of an offer he received of a Lieutenancy, in Captain Broughton's (afterwards Lieut.-General Sir John Broughton) independent company, on his raising the usual quota of men; this he soon accomplished, and then removed as Lieutenant to the 27th. His friends being anxious for his early promotion, obtained permission for him to raise an independent company, which gave him the rank of Captain in the army, in the year 1792. In the interval of his being attached to any particular corps, he accompanied his friend, Mr. Francis Drake, who went out as Minister on a diplomatic mission to Germany, whence Captain Hill, through the recommendation of his friend, proceeded to Toulon, and was employed as Aide-de-Camp to the three successive Generals commanding there-namely,

Lord Mulgrave, General O'Hara, and Sir David Dundas. Captain Hill had not at that time attained his 21st year, but had the honour of receiving from each of his commanders decisive proofs of their approbation. He was slightly wounded in his right hand at the time General O'Hara was taken prisoner, and narrowly escaped with his life, it being undetermined for some minutes between himself and a brother Aide-de-Camp, Captain Snow, who should ascend a tree, for the purpose of making observations respecting the enemy; the latter went up, and received a mortal wound, whilst Captain Hill, standing immediately beneath, was preserved unhurt. He was deputed by Sir David Dundas, to be the bearer of the despatches to England relating to the evacuation of Toulon by the British. His next appointment was to a company in the 53rd, with which regiment he was on duty in Scotland and Ireland. His conduct at Toulon recommended him to the notice and friendship of Lord Lynedoch, who made him the offer of purchasing a majority in the 90th; this step was gladly acceded to by himself and friends, and was soon followed by promotion to a Lieut.-Colonelcy in the same regiment. He went through arduous duty with the 90th at Gibraltar and other places, and had his full share in the memorable Egyptian campaign. In the action of the 13th of March, 1811, Major-General Craddock's Brigade formed the front with the 90th reg., commanded by Lord Hill, then Lieut.-Colonel, as its advanced guard. Sir R. Wilson states the conduct of the 90th in this affair to have been most honourable; and that nothing could exceed the intrepidity and firmness with which they charged the enemy. On this occasion Colonel Hill received a wound on the right temple, from a musket ball, the force of which was providentially averted, by a strong brass binding in the front of his helmet; the blow was, however, severe, and he was removed from the field of battle in a state of insensibility. When his situation was made known to Lord Keith, he immediately sent for him on board the Foudroyant. The kindness and accommodation the invalid received from his noble Friend no doubt greatly accelerated his recovery, and enabled him to rejoin his regiment and continue on duty the whole of the campaign. The Capitan Pasha frequently saw Col. Hill whilst he was on board the Fou

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droyant, and with many good wishes, and expressions for his welfare, presented him with a valuable gold box, sword, and shawl. Very socn after the return of the troops from Egypt, the 90th was ordered to proceed through Scotland to Ireland, and Colonel Hill continued unremittingly to perform his regimental duty, till he was appointed Brigadier-Gen, on the Irish Staff. His principal stations in that country were Cork, Galway, and Fermoy; the inhabitants of which places manifested their approbation of his conduct by public addresses inserted in the Dublin papers. On leaving Cork he was presented with the freedom of that city. Early in the summer of 1808, he embarked with his brigade at Cove to join the army in England destined to act in the Peninsula. During the whole of Sir John Moore's advance and retreat, Gen. Hill continued indefatigable in his exertions; and he was established with a corps of reserve, protecting the embarkation of the army at Corunna. His humanity and attention to the suffering troops on their landing at Plymouth earned him the admiration of the humane and benevolent inhabitants of that place; and he was presented by the mayor and corporation with an address, expressive of their cordial approbation of his conduct; and as a proof that his proceedings were not obliterated from their recollection, the body corporate convened a meeting in 1811, and unanimously voted him the freedom of the borough in terms of glowing praise. On General Hill's arrival in England, in the beginning of the year 1809, he found himself appointed Colonel of the 3rd Garrison Battalion, and about the same period he became possessed of Hardwickgrange, an estate left to him by his uncle, the late Sir Richard Hill, Bart. The General had not been many days in London before he was directed by his Royal Highness the Duke of York, Commander-in-Chief, to hold himself in readiness for further service; and as soon as his instructions were completed, he proceeded through Eng land (passing five days with his friends in Shropshire) to take command of the troops ordered from Ireland for the second expedition to the Peninsula. In the year 1811, Lieut.-General Hill was compelled to come to England, on account of a severe illness brought on by exertion and fatigue in his profession

At

during the active service of the Peninsular contest. He soon returned. the battle of Talavera, General Hill was slightly wounded on the head. After which, the activity which enabled him to surprise a considerable corps of the enemy under General Girard, at Arroyo de Molino, is indicative of his high attainments as a military man. On this latter enterprise he captured the Prince d'Aremberg, who was sent prisoner to Oswestry, and afterwards to Bridgenorth, both in this county. When the thanks of both Houses of Parliament were voted to the army, in consequence of the victory at Talavera, the then Chancellor of the Exchequer (Mr. Perceval) observed in the House of Commons, "That the manner in which General Hill had repulsed the enemy at the point of the bayonet was fresh in every one's memory." His Majesty on this occasion was pleased to appoint him Colonel of the 95th, and after the battle of Arroyo de Molino, his Royal Highness the Prince Regent, in his speech at the opening of Parliament (1812), noticed in highly flattering terms General Hill's success. At the same time His Royal Highness conferred on the Lieut.-General the honour of Knight of the Bath, and appointed him governor of Blackness Castle. On the dissolution of Parliament, in 1812, the Hon. William Hill (late Lord Berwick), signified his intention of resigning the representation of the borough of Shrewsbury, and the family of General Hill were solicited to offer him as a candidate, and his election for that borough was obtained. In 1813, and 1814, the inhabitants of Shropshire erected a magnificent column as a testimony of esteem to his Lordship. In May, 1814, General Hill was created Baron of Almarez and of Hawkstone, and an annuity of 2,000l. per annum was voted by Parliament to his Lordship and his heirs male, with remainder to his nephew. Peace having been signed at Paris in May, 1814, his Lordship returned to the bosom of his venerable father and his friends at Hawkstone, in the following month. On his road thither he was received with the utmost enthusiasm in every town through which he passed. His return to his native county was anticipated by the inhabitants with the liveliest joy. A day was set apart for a public dinner and rejoicing in Shrewsbury; and his

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Lordship was received in that town with all the honours and enthusiasm of a triumphal entrance; the town poured forth its population to gratulate him; a cavalcade, comprising the principal personages in the county, escorted his Lordship into the town, and he afterwards dined at the Town-hall. A short time after, the freedom of the borough was presented to his Lordship in a gold box, and the freedom of the Dra pers' Company. Besides these testimonies of affection from the people of Shrewsbury, a sword was presented to his Lordship by the corporation of London; another by the inhabitants of Birmingham; and his Lordship was also entertained with public dinners, and public rejoicings, by the corporation and citizens at Chester; by the inhabitants of Whitchurch, Drayton, Ellesmere, &c. His Lordship now hoped to pass the remainder of his days upon his estate and among his friends; but he was immediately appointed to take command of an expedition against the Americans. Happily, however, the negotiations with that Power terminated with the signature of peace; and on the return of Bonaparte from Elba, on the 4th of March, 1815, and his re-ascendancy in France, Lord Hill was offered a command in the Netherlands, and was present at the ever-memorable battle of Waterloo. His Lordship, on that occasion, had a horse shot under him; and his two brothers were wounded. The following victories are enumerated on Lord Hill's monumental column, erected near the town of Shrewsbury :-Roleia, Vimiera, Corunna, Douro, Talavera, Busaco, Arroyo de Molino, Almarez, Vittoria, Pyrenees, Nivelle, Nive, Hillette, Orthez, Aire, Tarbes, Toulouse, and Waterloo. There was not one of these memorable achievements, to the glorious consummation of which his daring intrepidity, or imperturbable coolness, promptitude, and presence of mind, did not materially contribute. Perhaps the one in which he most distinguished himself, and the success of which is almost exclusively attributable to him, was the desperate fight of Almarez, in 1812, March 16th, from which he took his second title. At Waterloo for some time the corps of Lord Hill took no prominent part in the engagement. The post of his Lordship during the severe combats at Hougumont, La Haye Sainte, and on the centre of the position, was on the slope of the heights

of Merke Braine, to the right of the Nivelle road, covering the right wing of the general line. From this position he anxiously observed every movement of the enemy; and, as Napoleon gradually concentrated his left in the impetuous attacks upon Hougumont, his Lordship carefully opposed him, until the whole of his command was formed in squares on the heights which overlooked that important position between the roads of Nivelle and Gemappe. From this moment to the triumphant close of the battle, he directed their operations in person. In the great crisis of this conflict, when Napoleon made his last effort, and the Imperial Guard advanced to the attack, the services of Lord Hill, and especially of that brigade of his Lordship's corps commanded by Lieut.-General Adam, were conspicuous; and by the judgment and ardour with which he supported the British Guards, he largely contributed to the final and glorious result. After the restoration of the Bourbon family to the throne of France, his Lordship was appointed second in command of the army of occupation in that country, where he remained till the evacuation of the country by the allied armies. In the year 1828, his Lordship was appointed the General Commanding in Chief of the army, which post he continued to fill under several ministries. The following honourable testimony by a political opponent, was given in the House of Commons on the 22nd of May, 1835. Sir Rufane Donkin said-"He felt bound as a soldier to bear his testimony to the honest and impartial manner in which Lord Hill had distributed the patronage of the army. He believed that never for one moment since that noble Lord had taken office, had he given way to private feeling or political bias in his distribution of the army patronage at his disposal." Though we believe Lord Hill, as a commander, never suffered a defeat, yet no heedless sacrifice of life ever purchased for him the field of victory. The laurels he bravely won, were solely attributable to his generalship and extraordinary skill in directing the energies of his troops under his command. "With Hill," it was usually observed by the soldiery, "both life and victory may be ours." "The Soldier's Friend" was his acknowledged title. On resigning the office of Commander-in-Chief a few months before his decease, Lord Hill was created

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In Eaton-place, the Countess of Denbigh, in her 44th year.

At the Citadel, Hawkstone, Elizabeth Rhodes, Relict of the late John Hill, esq., of Hawkstone, and mother of the present Viscount Hill, in her 65th year.

17. The Rev. Robert Grosvenor, Fellow of All Souls' College Oxford, brother to General Grosvenor.

At Colonel Wyndham's House in Grosvenor-place, Francis Scowan Blunt, esq., of Crabbett in Sussex, in his 52nd year.

18. At his house, Potsford Hill, near Guildford, occasioned by a fall from his horse, James Magnay, esq., third son of the late Christopher Magnay, esq., of East Hill, Wandsworth, one of the Aldermen of the City of London, in his 45th year.

19. At Chavenage, near Tetbury, aged 78 John Delafield Phelps, esq., F.R.S. F.S.A. He was of Oriel College, Oxford, B.A., 1785. Mr. Phelps was a well-known collector of books and antiquities, particularly such as related to his native county, Gloucestershire, and has left a very valuable library. He was one of the original members of the Roxburghe Club.

20. At Boughton, Malherbe, the Rev. Simeon Clayton, Rector of that parish, and Prebendary of Lichfield, in his 48th year.

21. At Huntercombe, near Maidenhead, aged 85, the Right Hon. Elizabeth, Countess of Carysfort, sister of the late Lord Grenville.

At Sidmouth, Col. John Gray, late of the Royal Scots Greys.

22. At his residence, Grove-road, St. John's Wood, aged 86, Admiral Sir John Lawford, K.C.B. This much-respected old officer had been a commissioned officer in the Navy for sixty-five years, and served as First Lieutenant of the Nimrod, 98 guns, in the battle of the 12th April, 1782, that ship being Lord Rodney's second astern on that day.

23. At Bangor, aged 66, Lovell Edgeworth, esq., of Edgeworth Town, Ireland.

24. At Leamington, Lord Gillies, in his 80th year. He was admitted a member of the Faculty of Advocates in 1787; and after attaining the highest eminence in his profession, he was, in 1811, elevated to the Bench. As a judge, he was distinguished alike for his powerful grasp of intellect, and his profound knowledge of law. His judg ments generally commanded the most unlimited confidence. His Lordship mixed little in the political world, though in the earlier part of his career he was a decided Whig. Latterly, however, his views on these subjects underwent a great change.

26. At Weymouth, Richard Silver Gascoigne, esq., only surviving son of Richard Oliver Gascoigne, esq., of Parlington, Yorkshire.

27. At the residence of his son-inlaw, the Rev. R. H. Fowler, Vicarage, Southwell, Notts., Thomas Bish, esq., formerly of Cornhill, in his 63rd year.

At his residence in Chester, Francis Wrangham, M.A., late Archdeacon of the East Riding of York, Chaplain to the Archbishop of York, Canon of York and Chester, Rector of Hunmanby, Yorkshire, and of Doddleston, Cheshire, in his 74th year.

At his seat, Studley Priory, Oxfordshire, Sir Alexander Croke, in his 84th year.

30. Major-Gen. Sir Charles Deacon, K.C.B., of Great Berkhampstead. He entered the military service of the East India Company, in the Madras Presidency, in 1793; was made a Captain in 1803; a Colonel in 1829; and attained the rank of a Major-General in 1837.

TRIALS, LAW CASES, &c.

COURT OF COMMON

PLEAS.

January, 20.

SITTINGS IN BANCO-EVANS v.
PRATT BETTING ON A STEE
PLE-CHASE.

This was an action upon an agreement to run the plaintiff's mare, Matilda, against a brown mare belonging to the defendant, four miles across country, play or pay, each carrying thirteen stone; and the agreement provided that, if the brown mare won, the plaintiff should pay 257. to the defendant, while, in the event of Matilda's winning the race, the defendant was to pay the plaintiff 100l. The brown mare came in at the winning-post about fifty or sixty yards in advance of Matilda, but Mr. Holyoake, who acted as umpire, gave his decision in favour of Matilda, upon the ground that the defendant had ridden the brown mare through an open gate, contrary to the regulations which, in compliance with the admitted laws of steeple-chasing, he had drawn up for the guidance of the jockies, The trial took place before Mr. Justice Coltman at the last Shrewsbury assizes. The verdict passed for the plaintiff, and on the first day of last Michaelmas term a rule nisi was obtained to arrest the judgment, upon the ground that a steeple-chase was illegal, and

not within the protection of the statutes which regulate horse-racing.

Mr. Serjeant Talfourd showed cause, and Mr. Serjeant Ludlow appeared in support of the rule. After hearing the arguments of the learned counsel the following judgment was delivered by Lord Chief Justice Tindal. "The difficulty which is thrown into this case by the argument on the part of the defendant, is the conclusion at which it would commy brother pel us to arrive; for if Ludlow is right, then, as the law now stands, no race would be legal, because the 13th George 2nd, having only licensed the running of races at Black Hambleton and Newmarket-heath, and that statute having been repealed by the act 3 & 4 Vic., c. 5, unless the statute 18 George 2nd renders horse-races legal, all horse-races are illegal under the statute 9 Anne, c. 14. Now, it would be a most singular thing, if the act 3 & 4 Vic. had the effect attributed to it, when we cannot but see that the object and intention of that statute was to encourage horseracing, by preventing common informers from suing for penalties, rather than to increase the restrictions which the law had already laid upon it. I cannot help thinking, therefore, that the law on this subject now stands upon the just construction of the statute 18

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