And this, as I found it to be in its Principles, as an Element diftinct from, fo the greateft Enemy, moft oppofite to Fire. Whence I concluded it to be perfect Rest, Inactivity, true Death. In which there cannot be Connection of Parts; Inclinati B on, nor Appetite; neither Power of paffing nor ftaying itself: but where it is, Acceffion of fome other Being. by they are separated, take up fo much the more Place than when they ftood clofe together; fo their Superficies must be carried juft that way that the feparating Power hath Force, hath Strength to car ry, or throw fuch paffive Particles. Hence I conclude, that Element, which when liquified we call Water, to have loft its Purity, and to be become a Compofition, a Mixture, at that Time it obtains the Name Water from us. [To be concluded in our next.] 652 PROPOSAL for amending, &c. The Tem HE Sixth Commandment, tho' capa Meaning, has been, like the reft, miferaHence I believe 'twill be cafily thought bly perverted by a Set of cowardly, lowthat I must have concluded Water in its fpirited, fuperftitious Expofitors, who chief Principles, and these in their natu- make it criminal even in Men of Spirit and ral State, not to be Fluidity, but Con- Quality to do Juftice to themselves and fiftence: And indeed, this I freely own; their Characters, by punishing the ill Manand it seems to me, that no Being in its ners of any little dirty Poltron that shall natural State can be strictly fo, except prefume to affront them, by running him Fire: In that, fo far as hath come within thro' Body, beating out hisBrains, or any the Reach of my Obfervation, I have other fuch Ways and Means as have in all never found Fluidity, where Fire was. Ages been thought reafonable and reputawholly abfent. But then; how Water, D ble, to fecure the Regard due to their on its chief Principles could be feparated; Rank and Fortune, and chastise the Infoor mounted higher than other Beings: lence of their Inferiours. Whereas it is Seeing whatsoever is in its own natural generally prefumed, that this CommandReft, must in its Principles be a per- ment was only intended to teach the lower fect impenetrable Solid, and heavier than and uneducated Part of Mankind to be whatfoever is Volatile: However to which quiet and peaceable in their Behaviour, the laft with respect to themselves will not to be quarrelfome in their Cups, nor ever prefide? to offer any outrageous Acts of Violence to the Disturbance of their Betters in any polite Aflembly, where the Little Vulgar are too apt to mingle with the Great; as at Horfe-Races, Bull-bairings, CountryFairs, Wakes, Feafts, and Revels, by hile Fling or murdering one another, in a rude, clumfy, butcherly Way. But it is this Nature of Inactivity in the Principles that prevents Coherence; in that the Parts cannot more firmly unite themselves, nor be forced into closer Embrace, nor stricter Union, than that they natu rally or accidentally fall into. E Wood is firmly united; Metals firmer, but Stones moft firmly: And according to the Degree of Union we find Penetration eafier, or more difficult. The Parts (if I may fay fo) of Fire, of Motion; either fimple, or in Union with fome Matter of Tenuity nearest to itself, are flying about every where; and enter into what G foever Difunion they find: And in fome of their Cavities feem to like to fix their Abode, and be the Caufe of Appetite of firmer Union in their circumcluding Parts. Nay in all they feem to fix their Stay for a Time; except in thofe, that are found amongst the chief Principles of Water. Whence a Succeffion of Fire, &c. and confequently a Separation, a Ditiolution of the Other, as above. And as in Separation the Parts, by how much the more Be it therefore enacted, That if any Perfon below the Degree of a Gent. bear ing Coat-Armour for three Defcents, of which undoubted Proof fhall be produced out of the Herald's Office, under the Scal and Sign Manual of.... King at Arms, fall prefume to kill or demolish any of his Fellow-Subjects upon any fort or kind of Provocation what foever, it shall be deemed a Violation of this Commandment, and he shall be esteemed guilty of Murder. But if any Nobleman or Gentleman, qualify'd as above directed, fhall exercife the H fame Act of Violence upon any juft and reasonable Provocation, of which he himfelf shall be the proper Judge, it shall be confidered only as Man-flaughter, and that it be an Inftruction to all Coroners, to give it in charge to their feveral Inquests to bring in their Verdicts accordingly. With a faving Claufe in favour of all Of ficers of the Army, who being by their Profeffion Gentlemen of Blood, fhall not be obliged to produceCertificates from the Herald's Office; but that a Regimental Coat, a laced Hat and Cockade fhall be to all Intents and Purposes equivalent to fuch Certificates. Always provided that this Claufe fhall by no means be extended to the Officers of the Militia, who being a kind of mixte Perfone, half civil and half military, are not obliged to look fierce, or appear terrible to their peacea- B ble Neighbours, but upon the Field of Mutter, or upon being interrupted in their March thro' the narrow Streets of this City by fawcy Draymen and HackneyCoachmen; if on the Overflowings of their martial Fury on fuch Provocations, they kill either Man or Beaft, they fhall, fo foon as they are divefted of their Regimental Terrours and Accoutrements, and fettled in their civil State of Trade and Tranquillity, be liable to the fame Sentence of Guilt and Punishment as any other of their civil and peaceable FellowSubjects. D The Seventh Commandment, like the reft, could be only intended to fecure and promote the Good of the Publick, by preferving the Order of Society, and difcou raging Luxury and Idlenefs among the lower Part of the People, who alone need or require fuch Restraints to be laid upon them, as not having Senfe, Taste or Po-E litenefs enough to direct and govern themfelves. Should fuch People as thefe give themselves up to Intrigues and Gallantries, the neceffary Expence, Application and Addrefs that fuch Affairs require, would have as fatal an Influence upon the Welfare of the Nation, as fuffering unquali fied Perfons to poach and deftroy the Game, which ought to be preferved for the Pleasure and Diversion of their Betters. It would tend to impoverish the industrious and laborious Part of their People, by diverting them from their proper Employments, would be greatly detri mental to our Trade and Manufactures, G ruin many Families, and increase the Number of our Poor, fo as to be an infupportable Burden to the Landed Interest of this Nation. But this ought by no means to be extended to People of Figure and Fortune, whofe Exuberancy of Blood and Riches may require fuch Expedients to reduce them to a fober degree of Mediocrity and Coolness; much lefs can it be fuppofed to affe&t our Governours and Superiours in Church or State, who by the Nature of their feveralOffices are prefumed to be the proper Judges of their own or their Peoples, Neceflities, and are obliged to provide for both. But Be it therefore enacted, &c. That if from and after the Day of next enfuing, any Labourer, Servant, Artificer, Tradefman, or any Perfon under the Degree of a Gentleman, qualified as above directed, fhall wantonly and unadvifedly enter into any Intrigues or Familiarities with any other Woman than Law. and Custom shall allow; that is to fay, any married Man with any Woman, except his own lawful Wife, or any unmarried Man, with the lawful Wife of any other Man; he fhall be deemed guilty of the Breach of this Commandment. it is hereby declared, that this Command mens does by no means extend to People of Fortune, Rank and Quality, who may condefcend to bestow the Redundance of their Blood and Fortune to the enobling the Breed, relieving the Neceffities, and railing the Fortune of a clever, deferving, Plebeian Family, or the giving and receiving mutual Marks of warm Benevolence and Affection to their Equals or Superiours; efpecially if by fuch Engraftment or Inoculation the Breed fhould hap pen to be mended, and a booby Family, that have been Blockheads ever fince the Conqueft, fhould improve into a Race of Wits, Smarts, and clever Fellows; but more efpecially if matters be fo managed, that the Husband can, upon a valuable Confideration, be brought to confent to this Method of improving the Genius and Fortune of his Family, it being a Maxim of Law and Common Senfe, that Volenti non fit Injuria. The Eighth Commandinent appears plainly, by the very Letter of it, to be intended purely to discourage mean, pitifui, fniveling Rogues; not to condemn Men of fuperiour Abilities, &c. as before. Be it therefore enacted, &c. That if any little pitiful Rogue fhall be found filching, ftealing, or felonioufly purloin ing any Sum of Money, Picce or Parcel of Goods, either dead or alive, belonging to any other Person, whether Apples, Pears, Eggs, Poultry, Meat, Drink, or wearing Apparel, Linnen or Woollen Cloth, Sheep, Horfes, or Oxen, Fans, Gloves, Ribbons or Pins, or any Picce or Parcel of Goods whatfoever, not exceeding the value of ten Pounds: Every fuch little Rafcal fo detected fhall be deemed guilty of the Breach of this Commandment. But it is exprefsly provided, That this fhall not be conftrued to extend to People of higher Stations of Life, nor to thofe A thofe greater Articles of Lofs or Gain which may chance to be in difpute between them, especially to the several Ranks and Degrees of illuftrious Perfons commonly known by the honourable Title of Knights of the Induftry. Nor fhall it extend to thofe whofe fuperiour A Skill in the Mysteries of the Law, Trade, Commerce, or Change-Alley, thall enable them to raise Estates out of the Follies and Superfluities of their Clients, Dealers, Friends or Correfpondents, because they are thereby promoting the Good of Society, by transferring a Property in Lands, Goods or Chattels from the lazy, ftupid, B worthless part of Mankind, who know not how to fe, preferve and enjoy them, and making them circulate till at last they fettle in the Poffeffion of fome notable clever Fellow, whofe Pofterity may come to be the Ornaments and Supports of their Country Much lefs ought it to extend to C thofe, who having the fecret Manage. ment and Direction of any Great Family, Company, Society, Affembly, Poft, Office or Offices, within thefe Realms, fhall fecure to themselves fuch Emoluments, Salaries, Grants, Penfions, Profits and Advantages as have been always deemed the juft and reasonable Perquifites of their feveral Pofts and Offices, and which the fenfible and judicious Part of Mankind, who have been in the fecret of their Af fair, can fcarce think to be a proper and fufficient Reward for all the Labour, Vi. gilance, Attention, Application and Integrity they have exerted in the Courfe E of a long Administration. To the Ninth Commandment chefe three Exceptions are propofed. 1. That this Command fhall not be deemed to extend to Court-Favourites, Royal Minions, First Minifters. Secretaries of State, Privy-Counsellors, Decypherers, Spies, Pimps, and Informers, nor to their several Officers, Servants and Domeftics, who by their Places and Stations may reafonably be prefumed to be in the Intereft and Secrets of their refpective Mafters and Superiours; who if they were to be confined to the ftri&teft Rules of Truth and Sincerity could not duly difG charge the Duties of their feveral Stations; fuch as the difgracing corrupt Minifters, and getting the Administration into cleaner hands, keeping out of the Royal Prefence and Favour fuch as would cer tainly make a corrupt Ule of it; the fupplanting Rivals and Competitors for Polts H of Honour and Truft about their Royal Mafter; the attainting and demolishing a dangerous over-grown Subject, in order to prevent his doing Mifclief, and getting his great Eftates and Riches divided amongst a Number of honeft Gentlemen, who spend their whole Time, and exert all their Faculties, in the Service of their King and Country. 2. That it fhall not extend to any of his Majefty's Courts in Westminster-Hall, where an Evidence literally and materially falfe, may yet be intentionally and formally good, and anfwer all the Ufes and Purposes of Juftice, Truth and Charity, by determining and finishing a tedious, expentive Suit, that would otherwise infallibly terminate in the Ruin of both Parties; and notwithstanding all Appearance of Injustice and Cruelty, may be in its Confequences as great an Act of Mercy as giving a Coup de grace to a dying Malefactor, which thortens his Agonies, and at once puts him out of his Pain. 3. That it fhall not be extended in its extreme Rigour to thofe little polite Af femblies called Tea-Tables; because if they were strictly confined to the Words of Truth and Sobernefs, and forbid those little Flights, Excurfions and Deviations from Truth, which generally enliven and brighten the Audience, the Converfation would quickly grow flat and infipid, and the prettieft Orators in the Circle would be infenfibly deprived of the Benefit and Freedom of Speech. And as it is univer fally known and acknowledged, that the Dear Angels have no Gall nor Malice at heart, no Spleen, Jealoufies, Emulations, Competitions or Envy against the rest of their Sex, but only utter the Overflowings of their good Senfe, good Nature, and Zeal for Virtue; therefore, if any very pretty Creature fhould, whilft the is cooling her Difh, or doubling her Bread and Butter, let fall any Word or Expreffion that has the appearance of Invective or Satyr, any Fling, Flirt, Hint or Innuendo that may feem to expofe or ridicule the Shape, Air, Mien, Complexion, Dress, good Senfe or Conduct of any of her pretty Fellow-Creatures, in all fuch Cafes they must and ought and fhall be indulged in fuch innocent Liberties, which are apparently intended only to divert and inftruct the Company, and difplay their own good Taite, Wit and Eloquence, in oppofition to the falfe Tafte, the ill Manners, the Follies and Vices of the reft of their Sex. The Tenth Commandment appears to be quite unreasonable, if not abfolutely im practicable, being a direct Contradiction 10 the great and fundamental Article of Nataral Religion, which is, TO FOLLOW NATURE, i. e. those Inclinations, Propenfions and Defires, which the Author of А C eur Nature has implanted in us, in order to determine our Conduct and Behaviour; for to be fure he would never have planted thofe Inclinations in us, if he had not defigned we should gratify them; it being ut terly, inconfiftent with his Wisdom and Goodness to give us Appetites and Defires, for no other End but that we should check A and reftrain them*. Now let us put the cafe that a Man has no Wife of his own, and can find no agreeable Female that he could like to make his Companion for Life, or fuppofe him to be already yoked to a four, difagreeable, ill-natur'd Creature, that has extinguifh'd the very Sparks of conjugal Affection: And that he fees B his Friend or his Neighbour happy in the Enjoyment of a beautiful, tender, fenlible good-natur'd Spoufe: Is it not natural for fuch a Perfon to wish at least that he could make an Exchange, or share in the Happinefs of his Neighbour? Is any thing more common than to hear People wifhing they had fuch a charming Woman, fuch a fine Houfe, fuch a pretty Estate, fuch a beautiful Horfe, or Set of Horfes, Plate or China, so that nobody were the warfe for it. This is a righteous faving Claufe, and takes away all the Iniquity and Injuftice that can be fuppofed in the Act of coveting or defiring any kind or D manner of thing, that is the Poffeffion or Property of another. No manner of Question can be made, that if I like any other Man's Eftate, Houfe, Goods or Chattels, and he confent to part with them for a valuable Confideration, it is confiftent with the most rigid Notions of commuta. E tive Juftice, that I have a legal Interest, Right and Title to the faid Eltate, House, Goods and Chattels, fo conveyed to me by their true and lawful Owner. But in cafe of a Wife, the Right is still clearer, and the Title more unexceptionable; for if any one Man take it in his head to covet or be in love with another Man's Wife, and the Husband of the faid Wife think it reasonable for certain valuable Confiderations to transfer the Ufe at leaft, if not the Property of his faid Wife, to the Perfon fo bargaining, covenanting and purchafing the fame; and if the faid Wife be confidered as a Party willing and con- G fenting to the faid Deed of Bargain, Sale, Loan, Gift, or Exchange, you have then clearly three Parties to the Deed; whereas in the other Cafes above-mentioned, you could have but two. Upon these Confiderations, F H or Degree foever, fhall prefume to ac tempt, by Fraud or Violence, to take, hold or enjoy any Man's Wife, House, Servants, Cattle, or any kind of Property whatsoever, unless by mutual Contract, Bargain or Sale; and that upon fuch Contract, fairly and legally made and executed, a Man shall be deemed to have the fame Right and Title to the Ufe, Occupation, Enjoyment or Poffeffion of the said valuable Goods, Estates and Commodities, as the former Owner or Poffeffor was ever conceived to have, or could poffibly convey to another. This rough Draught fhews the Nature and Dengn of this Proposal, in which, if our Reprefentatives fhall discover no thing, but what is highly reasonable and expedient for the Welfare of the Publick, I fhall hope for their favourable Attention; and I cannot doubt, but that there will be found proper Perfons enough, both willing and able to prepare and bring in the faid Bill. The Convention between the Crowns of Great the Convention. Whereas Differences have arisen, of late Years, between two Crowns of Great Britain and Spain, on account of the Vifiting, Searching, and Taking of Veffels, the Seizing of Effects, the Regu lating of Limits, and other Grievances alledged on each Side, as well in the WeftIndies, as elfewhere; which Differences are fo ferious, and of fuch a Nature, that if Care be not taken to put an entire Stop to them for the prefent, and to prevent them for the future, they might occafion an open Rupture between & faid Crowns: Great Britain, and his Majefty the King For this Reafon his Majesty the King of of Spain, having nothing fo much at Heart as to preferve and corroborate the good Correfpondence which has fo happily fubfifted, have thought proper to grant their Full Powers, viz. his Britan nick Majefty to Benjamin Keene, Efq; his Minifter Plenipotentiary to his Catholick Majefty, and his Catholick Majefty to Don Sebaftian de la Quadra, Knight of the Order of St James, Councillor of State, and First Secretary of State and of the Difpatches; who after previously pro ducing their Full Powers, having conferred together, have agreed upon the fol Be it therefore enacted, That no Perfon or Perfons, of what Rank, Qualitylowing Articles. Principles of Deifm fet in a true Light, p. 44. ARTICLE I. Whereas the ancient Friendship, so de firable to be firable and fo neceffary for the reciprocal In- and of their respective Subjects, for Repatereft of both Nations, and particularly ration of the Damages fuftained on each with regard to their Commerce, cannot be Side, and all Circumstances which relate to eftablished upon a lafting Foundation, un- this important Affair; it is agreed, that lefs Care be taken, not only to adjust and his Catholick Majefty shall caufe to be paid regulate the Pretenfions for reciprocal Re- to his Britannick Majefly the Sum of Ninety paration of the Damages already fuftained, A five thousand Pounds Sterling for a Babut above all to find out Means to prevent lance, which has been admitted as due to the like Caufes of Complaint for the future, the Crown and the Subjects of Great Britain and to remove abfolutely, and for ever, after Deduction made of the Demands of every thing which might give Occafion the Crown and Subjects of Spain; to the thereto; it is agreed to labour immediate- End that the abovementioned Sum, toly, with all imaginable Application and gether with the Amount of what has been Diligence, to attain fo defirable an End; acknowledged on the Part of Great Britain and for that Purpose there shall be named B be due to Spain on her Demands, may on the Part of their Britannick and Ca- employed by his Britannick Majefty for the tholick Majefties respectively, immediately Satisfaction, Discharge, and Payment of after the figning of the prefent Convention, the Demands of his Subjects upon the Crown two Minifiers Plenipotentiaries, who shall of Spain; it being understood nevertheless, meet at Madrid within the space of fix That it fhall not be pretended, that this reWeeks, to be reckoned from the Day of the ciprocal Difcharge extends, or relates to the Exchange of the Ratifications, there to con- C Accounts and Differences, which fubfift, or fer, and finally regulate the respective Pre- are to be fettled between the Crown of Spain tenfions of the two Crowns, as well with re- and the Company of the Affiento of Negroes, lation to the Trade and Navigation in A- nor to any particular or private Contracts merica and Europe, and to the Limits of that may fubfift between either of the two Florida and of Carolina, as concerning Crowns, or their Minifters with the Subjects other Points, which remain likewise to be of the other, or between the Subjects and adjufted; the whole according to the Treaties Subjects of each Nation respectively; with of the Years 1667, 1670, 1713, 1715, 1721, Exception however of all Pretenfions of this 1728, and 1729, including That of the Af Class mentioned in the Plan prefented at fiento of Negroes, and the Convention of Seville by the Commiffaries of Great Bri1716; and it is also agreed, that the Ple- tain, and included in the Account_lately nipotentiaries, fo named, shall begin their made out at London, of Damages fuftainConferences fix Weeks after the Exchange of ed by the Subjects of the faid Crown, and the Ratifications, and shall finish them especially the Three particulars inferted in within the Space of eight Months. the faid Plan, and making but one Article in the Account, amounting to one hundred nineteen thousand five hundred twelve Piafters, three Reals and three Quartils of Plate; and the Subjects on each Side shall be entitled, and fhall have Liberty to have Recourfe to the Laws, or to take other proper Measures, for causing the abovefaid Engagements to be fulfilled, in the fame Manner as if this Convention did not exist. ARTICLE II. D E The Regulation of the Limits of Florida and of Carolina, which according to what has been lately agreed, was to be decided by Commiffaries on each fide, fhall likewife be committed to the faid Plenipotentiaries, to procure a more folid and effectual Agree-F ment; and during the Time that the Dif cuffion of that Affair fhall laft, Things shall remain in the aforesaid Territories of Florida and of Carolina in the Situation they are in at prefent, without increasing the Fortifications there, or taking any new Posts; and for this Purpofe, his Britannick Ma-G jefty and his Catholick Majefty fhall caufe the neceffary Orders to be dispatched imunediately after the figning of this Convention. ARTICLE III. After having duly confidered the Demands and Pretenfions of the two Crowns, See Great Britain's Right to Georgia, &c. in our Magazine for Sept. 1737, p. 576, and we believe not flated fo particularly in any public Papers whatever, ARTICLE IV. The Value of the Ship called the Woolball, which was taken and carried to the Loyal Charles, the Difpatch, the George Port of Campechy in the Year 1732, the and the Prince William, which were carried to the Havana in the Year 1737, and the St James to Porto Rico in the fame Year, having been included in the Valuation that has been made of the Demands of the Subjects of Great Britain, as alfo ferve Hral others that were taken before; if it happens, that in confequence of the Orders By this is defcribed what is commonly called the South Sea Company. that |