Sele obfervations upon a Popish Writer of the Laft Century.

"ftitution."---The canon goes on, "But "if a temporal Lord, required and ad"monished by the church, fhall neglect "to purge his land from this heretical "filthinefs, let him be excommunicated "by the Metropolitan and comprovin"cial Bishops: And if he contemn to "fatisfy within a year, let it be figni"fied to the Pope, that he may declare "his vaffals from thenceforth abfolved " from their allegiance to him, and expofe his land to be occupied by catholicks, who, exterminating the here"ticks, may, without any contradiction, "poffefs it, and preferve it in the purity of faith, faving the right of the prin"cipal Lord, provided he put no ob"itacle nor oppofe any hinderance to this "matter, the fame law being neverthe"lefs obferved towards them who have "no principal Lords."

This canon it is the great labour of the artful Walsh, to interpret fo, as to make it confined to petty magiftrates, and not extended to Princes or Kings: which, by his fubtleties, he would reftue out of the paws of this decree : whereas it is notorious, both from the exprefs words, and the tenour of the canon, that if Princes and Kings are comprehended within the terms, "Secular Magiftrates of what office foever," then they muft neceffarily be included. But even from the exprefs fpirit of the canon none but fovereigns of any dominion, whether more or lefs extenfive, can be intended fince the land to be parged is faid to be fubject to the jurifdiction of thefe magiftrates, and if any fuch magiftrate neglect to purge his land, let him be excommunicated. Nothing, therefore, but the little jefuitical artifices and fophiftical diftinctions of a popifh pricft can explain away the fenfe of this canon, fo as to exculpate the Council of Lateran from the heavy, but juft, charge brought by the proteftants againft that arrogant, diabolical council. See Walsh's labours throughout, fection xxiii of his Letter to the Bishop of Lincoln, which reaches from p. 365, to p. 420.---This council was called by Innocent III. 20th of April, 1213, to be held two years after: It was compofed of four hundred and twelve Bithops, almost eight hundred Abbors and Priors, and abundance of Deputies of a fent Bithops. The third canon VOL. VIII.

89

bears a general condemnation of all heretics and their fupporters, and regulates the manner of proceeding against them.† It follows, that popery is that power St. Paul fpeaks of, which exalts itself above all that is called God, or is worfhipped: that as God fitteth in the Temple of God, fhewing himself that he is God. Sce 2 Theff. ii. 4.

It is extremely entertaining to observe this most able defender of popery: this, their celebrated champion, after he has reprefented the harmleffnefs of both popes and councils, telling us how nations and states have rejected the Bulla Coena: "Yet notwithstanding the most "awful folemnities do attend its publi "cation at Rome every Maunday Thurf"day, the Pope himfelf, in his pontifi"cals, being prefent at the ceremony, "and in the close of it, throwing down "his burning torch, as the manifold "thunders of twenty feveral excommu"nications contained therein, and each "branched out almott into as many "more, and the abfolution of all refer. "ved to the Pope alone, excepting only "the point of death."

After all this demonftration, he would have proteftants believe, that neither Princes nor Kings are to be understood in the penal conftitutions of the church. See p. 385.

I have taken this labour to develope one of the most complete magicians or forcerors, the papal church has ever produced being defirous of contributing all in my power to prevent the delufions of popery becoming yet more infectious among us.

Every proteftant government muft fee from this exorbitant, moit formidable affumption of power over Princes and their fubjects, that popery is an intollerant profeffion becaufe of that most abhorrent claim of the greater excommunication duly pronounced as damning: "non errante clave." God, of his infinite mercy grant, that its spread in Britain may not be her punishment!

The PREACHER.

+ See Du Pin's Hitt, of the Church, chap. vi Cent. XIII.

M

* Page 252.

FLT

For the OXFORD MAGAZINE.

Extract from OBSERVATIONS on Dr. CADOGAN'S DISSERTATION on the GOUT. By W. Falconer, M. D.

This author has certainly the advantage of Dr. Cadogan in many particulars and as fome of the latter's notions are a little paradoxical, we fhall here infert a few of Dr. Falconer's remarks, affuring our readers at the fame time that the reft of the pamphlet is equally worthy of perufal.

Concerning Intemperance.

WHAT the Doctor has faid in ge

neral concerning the bad effects of intemperance, is extremely proper, but I cannot fo cafily concur with liim, when he comes to particulars. He fays, very properly, in his defcription of intemperance, that “it is a deviation from that rule which is pointed out by and moft agreeable to nature." He next obferves, that" temperance is a thing of which no Englishman has, nor can have the leaft idea, if he judges from his own, or neighbour's habits. To form fome notion of it, he must have feen other countries, particularly Spain, Portugal, and Italy, and obferved how men live there." But in fact, no inference could be drawn, relative to our climate, from any obfervations that could be deduced from thence and I would deny, that any fuch thing exists in nature, as what the Doctor calls "natural temperance, not dependent on place or custom," and which would of confequence equally fuit any or every fituation, climate, or for mer manner of life. A manner of living that would be perfectly agreeable to nature in one climate, would be quite conuary in another. This is plainly pointed out by the different aliments fupplied by nature in different climates, and from the different things that our appetites lead us to defire, which are undoubtedly an impulfe of nature.

I do not mean this as an objection to Dr. Cadogan's fubsequent definition of Temperance, which every one will allow to be jut, but to his application of it to particulars.. I my inclined to think, when he fpeaks of these, that he has not

made fufficient allowance for difference of climate: and, on this account, I cannot by any means agree with him in his general prohibition of the common ufe of wine or fermented liquors. The admirable author of the fpirit of laws has been aware of this, and has therefore with great propriety obferved, that the laws of the Carthaginians and of Mahohomet, to prohibit the drinking of wine, were laws fuited to the climate of Arabia and Lydia, but remarks very justly, that fuch a law would be improper for cold countries, where the climate feems to force them as it were to a national ebriety very different from perfonal intemperance. "A German, fays he, drinks by cuflom: A Spainiard, by choice."

The general cuftoms and manners of a nation ought to be considered as no inconfiderable guides to determine our judgment in this refpect: and when univerfally prevalent, must be confidered in a great measure to proceed from indications of nature. But the opinion of writers, the history of mankind, and daily experience, confirm, that fermented liquors taken moderately are not only fafe, but even neceffary in these climates. In hot countries, where the constitution is endued with a great degree of fenfibility, which renders it obvious to every ftimulus which naturally produces inflammatory complaints, where the humours are tending to putrefaction from the heat, and of confequence require to be frequently renewed, wine would be highly improper on many accounts. The perfpiration is fo exceffive, that the blood fands in conilant need of a fupply of its aqueous part. This can only be done by watery liquors, as fermented ones could not be taken in fufficient quantity without increafing the inflammatory difpofition by their ftimulus, which it seems the intent of nature to counteract. This would foon caufe the humours of the body to run into putrefaction, on account of the increafed heat and the humours not being passed off by perfpira

tion,

Extract from Obfervations on Dr. Cadogan's Differtation, &c.

tion, which is always obftructed when the heat is above a certain pitch. But in cold climates, the conftitution and difpofition of the people vary greatly. Montefquieu has very properly obferved its influence on the human body in a political light and the fame caufes produce confiderable effects in a medical one likewife. The body has little fpontaneous tendency either to inflammation or putrefaction, and the nervous fyftem feems rather to labour under a defect than an increased degree of fenfibility. On this account nature requires that the food should be of a kind to counteract in fome degree the effects of the climate. Accordingly, fermented liquors, and animal food, as being more ftimulant to the fyftem are proper to be used and indeed, where animal food is ufed in a large proportion, fermented liquors become in a great meafure neceffary to ob viate in fome degree the feptic tendency of fuch a way of living. But I would truit moft to the general practice of mankind and if this be examined, we fhall find no nation, or fet of people whatever that do not make ufe of fermented liquors, of fome kind or other, in their diet. Haller obferves, that the defire for fermented liquors is extremely ancient, Iand common to the whole world: nay, even fo remote as Kamtfchatka: the Ruf fians have found fomething in the meal and membranes of the ftalk of the greater fphondylium, which will produce inebriating effects. Tacitus obferves of the ancient Germans, that where wine was wanting, they made a fermented liquor with bread, corn or barley. Even in the most northern parts, as Lapland and Greenland, a fermented liquor is prepared from milk, which they ufe daily with their food..

if their being liable to abuse ought to make us banish them from our tables altogether, as there is great reason to think that, when united with our food in a proper manner, they ferve several important purposes in the animal oeconomy. The practice of all nations almost univerfally agrees in the use of fome condiment or other with their food, and that being the cafe with people who had not copied from one another, as having never had any intercourse, argues strongly their use to be founded on an instinct of nature, and not on mere custom only. In hot countries, where, from the great propenfity of the humours of the body to putrefaction, the inhabitants live almost entirely on vegetable diet, fome condiment of the acrid or aromatic kind is efpecially neceffary to obviate the flatulence which vegetable food only is fo apt to generate. Accordingly nature has furnifhed them with warm aromatic plants, which ferve this purpofe perfectly well. and which in all probability were placed there with that intention. Tis probably, indeed, a mistaken tafte or luxury in us to use thofe of the hot pungent aro matic kind, in these nothern countries, with animal food, where the ufe of a large proportion of flesh meat is allowable, and even neceffary. Inftead of them, Nature has given us certain acrid plants, which being lefs ftimulant, may be used in greater proportion in our diet: fuck as all of the filiquofe tribe: as mustard, horse-radifh, &c. and 'tis found by, experience that thefe kind of plants, are the best correctors of the putrefcency of animal food, as they cure the fea fcurvy much fooner and more effectually than thofe of the infipid kind. Moreover, in order to the proper digeftion of our food, it is neceffary that in its paffage. through the body it be mixed with feveral of the humours of the body: first the falira, afterwards the gaftric liquor, pancreatic juice, bile, and lymph refluent from every part of the fyftem. In order to emulge thefe liquors properly, fome degree of ftimulus on the fecreting gland is required. But vegetables of the nutritious kind are almost all of themn nearly infipid, and of confequence would do this very imperfectly, without fome addition: and flefh meats, though they have more fapidity, yet when mixed

I cannot help thinking that this circumstance is a fronger argument in favour of the general ufe of fermented liquors, than any that are drawn from any abstract reasoning whatfoever.

The next circumftance in our diet, which the docter finds fault with, is, the ufe of the common condiments or feafoners to our food, viz. falt, pepper, muftard, and vinegar. That excefs in all or any of thefe, or their improper ufe, may have bad confequences on our health is undoubtedly true: but I much doubt,

M 2

with

The whimfical Trial of Henry Welp.

found in vegetables, except combined with fuch a degree of ftimulant quality as renders their frequent ufe improper. But our experience proves its innocence, when taken, as we do, with our food: and this is confirmed by numberlefs inftances of perfons who have taken medicinally for a long time together, every. day, ten times the quantity that is ever. ufed with food, even by thofe who exceed most in it, and that with great advantage in fome of the complaints which, from the doctor's way of reafoning, we fhould imagine it most inclined to aggravate. I cannot therefore agree with the doctor, in his banishment of this fubftance from our diet.

The last of the fubitances commonly ufed in this way is

Vinegar. The use of this in dict is of very early date, as well as the foregoing: Hippocrates mentions it as fuch, and it feems to have been more general in fucceeding times, as it is faid to have made a part of the allowance of the state

93 to the Roman foldiers, as an article of diet, whofe common drink on their mili tary expeditions was this fubftance mixed with water.

I allow that its use in this way was in a great degree medicinal, and that in large quantities it is better fuited to a hotter climate than our own. But when taken moderately, I cannot think its ufe in food, even here, improper, or infalutary. It gives a grateful tafte to feveral kinds of aliment that would otherwife be apt to pall, and gently ftimulates the ftomach, fo as to excite appetite. It is moderately antifeptic, and probably by that quality obviates the putrefactive tendency of a flesh diet, and is in that way antifcorbutic. When in a perfect ftate, or nearly fo, it is fafer to ufe as an acid condiment than any of the recent juices, as having already gone through the vinous fermentation. It can have no bad confequences in the blood-veffels, as it is cafily fubdued by the amilatory organs.

To the EDITOR of the OXFORD MAGAZINE.
SIR,.

"To what Ufes we may return, "Horatio!-Why may not Imagina"tion trace the noble Duft of Alexander, till he find it fopping a Bunghole?'

HAVE been lately favoured, by a

following articles, which he fays will appear in the news-papers of the year

1849.

On Sunday laft Henry Welp, Mafter of the Black Scratch Alehoufe, Hanover Yard, who lately married the notified wanton widow, food with his bride in a white sheet, in the Parish Church of St. George, for cohabiting together contrary to the royal marriage act of George the third, great grandfather of his prefent Majefty, the faid Henry not having had the royal affont to his marriage. The poor man endeavoured to prove, from the Ipelling of his name, that he was not within the act but this deficiency in ortho

:

graphy was not admitted as any proof that he was not lineally defcended from a collateral branch of the royal houfe, though by the perfecution of a revengeful miniiter in a former reign, his unfortunate family have been difperfed and reduced to obfcurity and the greatest diftreffes.

On Wednesday latt a remarkable trial came on at Hertford Affizes, wherein Henry Welp, tapiter at the White Hart in St. Alban's, was plaintiff, and Henry Morgan, of Even-Hall, in Cheshire, Efq. was the defendant: in order to recover an eftate which was left by will to the father of the plaintiff, and the heirs of his body the plaintiff's father having died before he took poffeffion, the plaintiff became intitled to the lands which 'Squre Morgan had entered upon without any right or title whatfoever but it ap pearing that the plaintiff's father was the fourteenth fon of the fifteenth fon of the fixteenth fon of the feventeenth fon of the eighteenth fon of Henry D. of C. and that he had married without confent, re

:

quired