1753.

Summary of the left Seffion of Parliament.

469

do during the war, the French, it feems, are refolved to do during the peace.

As to thofe affairs of last feffion wherein no bill feemed to be defigned, the only one we think neceffary to take any notice of, was that relating to the King's Bench prifon, which had been brought before the preceding feffion, and in this laft A feffion a committee was appointed, Jan. 29, to enquire into the state of the King's Bench prifon, and of the office of marthal of the court of King's Bench, and to report the fame, as it fhould appear to them, to the houfe. March 16, the report was made, and with the appendix, delivered to the houfe, by Sir William Calvert, their chairman; when it was

the inhabitants and proprietors of Jamaica,
tho' they have many hundred thousand
acres of land fit for fugar plantations,
which, as they have publickly declared, are
fufficient to fupply all Europe with fugar,
and are exempt from the tax of 4 per
cent, to which our other fugar iflands
are fubject, have notwithstanding forborn
to cultivate them, but instead thereof,
have practifed the trade of refining fugar
there, and in order to encourage it, have
impofed a duty of no less than 6d. per
pound on all refined fugar imported from
Great-Britain, to the great detriment of
the navigation and revenue of this king-
dom, as well as of the petitioners; and
that in fome of the other British fugar B
iflands refineries are likewife fet up, which
practice is injurious to the navigation and
revenue, by diminishing the quantity of
Mufcovada fugar which would otherwife
be imported, and interferes with the ma-
nufacture of refining fugar here; and
therefore praying the houfe will take the
premifes into their confideration, and make C
it the intereft of the British fugar colonies
to produce and fend home a large quan-
tity of fugar to Great Britain, in order
to become more ufeful to their mother
country, its trade, navigation, and re-
venue, or to grant any other relief, as to
the houfe should feem meet.

Ꭰ

E

referred to a committee of the whole
houfe, and April 12, the house refolved
itfelf into the faid committee, when they
came to the following refolutions, which
were by Mr. Cocks, the chairman, re-
ported, and agreed to by the house the
next day, viz. 1. That the prison of the
Marhaifea of the King's Bench, is in its
prefent condition, unfafe for the cuftody,
and dangerous to the health, of the pri-
foners, which inconveniences cannot be
remedied, unless the prifon be rebuilt.
2. That the office of marfhal of the faid
Marshalfea, is an office of great trust and
importance. 3. That the granting in fee
by king James I. and the fubfequent mort-
gaging of the faid office, by perfons claim-
ing title under the crown, has been a
very great obftruction to the due and pro-
per exercife of the faid office, highly de-
trimental to the authority and jurifdic-
diction of the faid court, and to the fafety
of the prifoners committed to the faid
prifon. And, 4. That the fum of 10,500l.
will be a full and fufficient compenfation
to the mortgagees of the faid office, for
their eftate and intereft in the fame. After
which Mr. Cocks moved, by direction
from the committee, and it was refolved
to addrefs his majefty, that he would be
graciously pleafed to give directions, that
fome proper and convenient place thould
be found for the reception of the prifoners
of the faid prifon, till fuch time as the
prifon fhould be repaired or rebuilt; and
that eftimates might be laid before the
houfe, in the next feffion, of the charge
of repairing or rebuilding the faid prifon.
But no attempt was made, nor does it
feem that there was any defign to bring
in a bill for leffening the number of pri-
foners in that or any other prifon, the
number of which is a reproach to this
nation, and a strong argument against
the wisdom and humanity of our laws;
for it is ridiculous to inflict imprisonment
by way of punishment upon any offender

As this petition contained fo many important and allarming facts, it was immediately referred to the confideration of a committee of the whole house; and on the 23d a petition of much the fame purport was prefented from the fame fort of traders in Briftol; which was referred to the fame committee. Upon this occafion a great number of accounts relating to the importation and exportation of fugars were by order laid before the houfe; and feveral perfons having been ordered to attend the committee, the house refolved åtfelf into the fame, April 13, as it did likewife the 17th, after which the committee was adjourned from time to time, till after the end of the feffion, without doing any thing for the relief of the petitioners; but what they feemed to aim at was, that a law fhould be made for giving them leave to import fugars from any other place, when that from our plantations fold above fuch a price here in England, on paying for all fugars fo imported by them, near double the duty which is paid upon the fame fort of fugars imported from our own fugar colonies. G This may convince us of the neglect we were guilty of during the last war, in not taking that opportunity to poffefs ourselves of the neutral islands in the West Indies, but what we neglected to

* See our Magazine for lyt year, p. 364.

What

whatfoever, and much more fo to infli&
it upon any one for not doing what this
very imprisonment renders it impoffible
for him to do; because it is generally
too fevere upon a poor wretch who can-
not fupport himself, and fcarcely any pu-
nishment at all upon the rich, who may
purchase almoft any indulgence they pleafe A
from the keeper of the prifon.

We fhall now therefore conclude this Summary with obferving, that June 7, his majesty came to the house of peers, and after giving the royal affent to all the bills that were ready, he put an end to the feffion, by a most gracious speech from the throne, which our readers may fee in our Magazine for that month, p. 282.

To the AUTHOR of the LONDON
MAGAZINE.

A Method of obtaining natural FLOWERS in
Winter, fresh blown any Day you please.

HOOSE fome of the most perfect buds of the flowers you would preferve, fuch as are latest in blowing, and ready to open; cut them off with a pair of fciffars, leaving to each, if poffible, a piece of the ftem about 3 inches long; cover the end of the ftem immediately with Spanish wax, and when the buds are a little. fhrunk and wrinkled, wrap each of them up feparately in a piece of paper perfectly clean and dry, and lock them up in a dry box or drawer, and they will keep without corrupting.

B
In winter, or any other time, when
you would have the flowers blow, take
the buds over-night, and cut off the end
of the item fealed with Spanish wax, and
put the buds into water, wherein a little
nitre or falt has been infufed, and the
next day you will have the pleasure of
feeing the buds open and expand them-
felves, and the flowers difplay their most
lively colours and breathe their agreeable
odours.

C

T is required to find how many different ways it is poffible to pay 100l. with a hundred feparate pieces of coin; confifting of crowns, moidores, and D eighteen-fhillings pieces, only?

I fhall bere give you my SOLUTION. UT N° of moidores; y=N° of Ps. pieces, and N° of crowns.

Then, by the question, x+y+x=100; and 27x+18+52000; from the firft equat. x 100-y-z, and from the fecond E

2000-18v

27

2000-18y-5%, whence y=

700-222

27

9

The MONITOR. No. 60. From the LONDON-DAILY-ADVERTISIK, Read in the face of beaven, and in the fiart, The God imprefs'd in glowing characters.

A

DRYDEN.

GREEK of eminence difcourfing upon the dignity of the human mind, fays, that nature did not regard man as a creature of low and mean condition; but gave him life, and threw him upon this vicious world, as into a vast and fpacious amphitheatre, to view and examine all before him: She entered him fpectator at once and actor in the scene; a candidate for fame and immortality; who should not condefcend to admire except what was magnificent; and who fhould breathe nothing but glory. It was therefore the implanted in his foul ftrong and an invincible paffion for every thing that was great and divine; together with a noble difdain of meanness in himfelf, and contempt of it in all things. Hence it is, that the whole earth is not capacious enough for the extenfive contemplations of the human mind; and that our thoughts foar above the heavens, and penetrate beyond those boundaries which terminate the universe.

Difdaining to be limited by the narrow powers of our fenfes, we open the field to our imagination; and as if the earth on which we tread, were too mean for our confidering, we examine worlds that revolve at immense distances about Our

1753.

POWERS of the HUMAN MIND.

our fun, and fancy millions more re-' volving in the fame unaltered courfe about the feveral stars.

We diftinguish behind and beyond all of thefe, our unaffifted fight discovers others not lefs in magnitude, but seeming fo because more diftant; and that genius we receive from heaven, extensive as the A infinite space which it contemplates, and in which it is as it were at length mingled, fwallowed up and loft, perfuades itself of multitudes beyond the most remote ; and knows no more bounds than that infinity of space it would examine, or than the Power itfelf, which it fuppofes to have furnished that infinity with worlds innumerable.

B

It was on a view like this the divine lyrick, fhrunk up into himself, and faw the infignificance of his condition; wondering that man, or that the whole race of man, could feem of enough import to claim one thought from the Creator: On fuch a view, the divine Socrates, the martyr to that God, to that one C God who formed the earth and heavens, exhorted man to blush, when he fuppofed himself poffeffed of ought more than virtue and humility; and bad him look upon the little worm, his brother reptile, blind and ignorant, who fancied the foot fquare of earth, which he inhabited, all that exifted, and that made for him :

ourfelves the creatures of a Power capable to have formed fuch wonders; we become great while we admire his magnificence; and at the fame time we fee ourfelves little and inconfiderable in comparifon with thofe things which fo aftonish our imaginations; we feel a portion of divinity within us, we difcover that to entertain a fenfe of these his operations, is to enjoy, though at unmeasurable distance, fomething of his own nature; fome emanation of himself, communicated from himself, and therefore too great for mortality.

It is not every mind that dares, perhaps it is not every mind that can exert this glorious faculty: But he who has the courage and power, feels within himfelf conviction of the true dignity and real fuperiority in his nature above that of other creatures. He now believes he has proof of the foul's immortality, while he contemplates heaven and earth, the sea and air, and those innumerable worlds formed like to this, and doubtless peopled like it; he glows with pride that he is the creature, the fon of that great Power who formed them; he feels a noble pleafure while he admires the works of his Creator, as if himself had fome share in producing them; and confcious that can never die which has capacity to entertain thoughts fo exalted, feeing at once

On fuch a view (pride and importance loft) D that he is to live for ever at the difpofal

the noble Roman beheld the feat of that extensive empire, which called itself the greatest of the world, and which his hand had helped to raife into that eminence, a fpeck of dirt, which from the fuperior feat he then poffeffed, he hardly could diftinguish.

Thus human reafon acts when right E directed; and thus a fovereign pride grows on confeffed humility, as knowledge upon confcious ignorance.

Не

F

who fancies himself great, diftinguished
by his powers, his faculties, and talents;
who feeing fome things lefs, fuppofes
himself fuperior to all, glories in what is
little more than nothing; but when we
have the modesty to know ourfelves fo
low; and with that modesty the
boldness to extend our contemplations
farther than the fenfes carry us; when
defpiling these as creatures of the body,
we at once diftinguish the foul to be fome-
thing fuperior, and fhew its feparate na-
ture by exerting its independent facul-
ties; when, enlarging our views, we G
take in the whole fcale of being, and add
to what we fee, what we fuppofe from
reafon: We raife upon the structure of
that humility, a noble and a reasonable
pride; we glory, and with cause, to find

of this Power, and that he owes to him reverence with attention, he will underftand his duty and perform it. He will fee the intent of his Creator fo far as it regards himself in the difpofition of things about him; and conforming his actions with love and with obedience to that defign, he will exert every virtue.

This was the design with which nature, as the heathen phrases, but God as it becomes us to speak, conferred this dignity, and bestowed thefe powers upon the human mind. This is the confequence of exerting and employing them; and this being the confequence, it is virtue fo to employ them; and with the ignominy there is fome tincture of a crime in fuffering them to be unexerted.

An Effay upon, and a Method propofed fur
preventing DUELS,

To the AUTHOR of the LONDON
MAGAZINE.

A

fome of the facts fworn to feem to me al-
together irreconcileable. It is evident, I
think, that Mr. Mills and Mr. Barbot met
at fuch a lonefome place as Frigate's-bay, at
five o'clock on Sunday morning, by exprefs
appointment to fight a duel; and from
what Mr. Mills's negro faid to Mr.
M'Kenley, and his being mounted on his
mafter's horfe, it is alío evident, that
they had engaged, or were preparing to
engage, for fome time before Mr. Mills
was killed.- How is this reconcileable
with Mr. Mills's being found just expired,
with his great coat and his gloves on, his
piftols in the holfters on the horse which
the negro had rode away with, and his
fword at fome diftance from him in the B
fcabbard, with the belt wrapt round the
hilt? Or is it poffible to fuppofe, that
Mr. Mills would go to fight a duel, for
what he knew with fword and pistol, and
yet go to the place appointed, fingle and
alone, with a pair of piftols that had no
powder in them, and without any pow-
der in his pocket to charge them with?

C

E

Thefe are facts that feem to me very inconfiftent; but as my defign is not to examine this trial, fhall make no farther 1emarks upon it, especially as the verdict returned by the jury was, I think, right, according to our law as it ftands at prefent. My defign is to examine, whether our law relating to duels might be fo amended, as in a great measure to pre-D vent any fuch for the future. Whether the practice of duelling be confiftent with our religion is a queftion which I fhall leave to be determined by our divines. If the words of our Saviour, Matt. ch. v, v. 39, &c. were to be strictly interpreted according to the letter, it is certain that fighting a duel, even upon the higheft provocation, would be inconfiftent with Christianity; but revenge was the darling paffion of the Jews, to whom that fermon was addreffed, and it is probable that thofe precepts were aimed chiefly against that national failing. We ought not to return a blow, or to defend our property, merely for the fake of revenge, because revenge belongeth to God alone, or to his vicegerents upon earth, the magiftrates of the fociety to which we belong; but when felf-prefervation renders it neceffary, we not only may, but ought to return the blow, or to defend out property, against whofoever shall violently and unjustly attack us; for unless we admit of this, no Chriftian could have a coat to be taken, much lefs a cloak to give, nor would any Chriftian fociety be able to fupport itfelf a moment.

Upon this principle it is, that a man who killeth another in felf defence is juftifled by the laws of all Christian societies,

F

G

and every man is allowed to kill a high wayman who attacks him upon the road, or a thief who breaks in, or is breaking into his houfe in the night time; and a man's honour ought, furely, to be deemed as facred as any part of his property, or even as his life itfelf; therefore whilft the opinion prevails, that a man's honour is forfeited and loft, if he does not fight one who has affronted him, it is hard, I think, to punish him for endeavouring to vindicate, or to preserve his honour. Whether this opinion be right or no, I fhall not pretend to determine; but I muft obferve, that laws have always failed of fuccefs when, in a direct manner, they attempted to alter or govern the opinions of mankind; and from experience it must be allowed, that the practice of duelling has made gentlemen treat one another with more complaifance and good manners than they used to do, that affaffinations are not fo frequent in those countries where this practice prevails as in thofe where it has in a great meafure ceafed, and that it lays gentlemen under a neceffity to learn at least thofe military exercifes which are proper for felf-prefervation.

However, I shall not propofe that our prefent laws relating to duels fhould be altered, but as the king has a power to pardon a man condemned for murder in a duel, I think fuch an ufe might be made of this power, as would in a great meafure prevent duels. At prefent a pardon is granted or refused without any proper inquiry into the cause of the duel, but if a court were established, and proper judges appointed, who fhould always be fome of the oldeft generals of our army, to make this inquiry, in the prefence of both parties, and in the moft publick mar.ner, and thefe rules laid down with respect to the granting or refufing a pardon, viz. that if the man killed was he who gave the first affront, without offering any proper fatiffaction, and the affront fuch as no gentleman could confiftently with his honour put up with, the condemned furvivor thould certainly be pardoned. On the other hand, if the condemned furvivor refufed to accept of a proper fatisfaction, or was the man who firft gave fuch an affront, and refused to make any proper fatisfaction, no pardon, nor reprieve fhould be granted, let his quality or merit be never fo great; but tho' he was the first who gave fuch an affront, yet if he afterwards offered a proper fatisfaction, and fuch a one as any gentleman might confiftently with his honour have accepted of, he should then certainly be par doned.

1753. Answer to an ARITH. QUESTION objected to. 473

fay, if fuch a court were established, and thefe rules religiously obferved, I am perfuaded, it would foon put an end to duelling. An accidental rencounter might fometimes happen, but duels by appointment very rarely, if ever; and even as to accidental rencounters, when one of the parties happens to be killed, our juries fhould inquire a little farther than they ufually do, into the cause of the quarrel; for a man who by his rudenefs or ill language provokes another to fight, and fo kills him, deferves a more fevere punishment than is by our law inflicted upon man-flaughter.

A

came to be inquired into, the prisoner
might not be deprived of his moft mate-
rial witneffes; efpecially as in fuch a cafe,
every killing in a duel would probably be
brought in, murder, by the jury upon the
trial, because they would of courfe conti-
der, that the prifoner had ftill an oppor-
tunity to avoid the punishment, by thew-
ing that it was in felf-defence, that is to
fay, in defence of his honour, which
could not be preserved, in the opinion of
mankind, but by running the risk of kill-
ing, or being killed by the man who had
grofsly affronted him, and obftinately re-
fufed to give him any other fatisfaction.
Sept. 24, 1753. I am, &c.

To the AUTHOR of the LONDON
MAGAZINE.

SIR,

R. Page's answer to my queftion

is wrong; his folution being founded on wrong principles: He fuppofes the 20,000 l. (which is found deficient in the stock, after the term is elapfed) at compound intereft, for 4 years, must amount to 48 X 639. 63125 (= 30702. 3) i. e. the whole fum drawn out of the fund; which is inconfiftent with the tenor of my propofition. My question fuppofes 100,000l. at compound intereft, but as foon as I month is past 639. 63125 1. is drawn out of the ftock, and the excefs is

Da new principal at intereft the 2d month;
and when that's elapfed 639, 63125 l. is
again taken out, and the remainder is a
new principal at intereft the 3d month,
and fo on, till 48 months are elapfed; at
which time, by question, there is but
So,oool. remaining: Therefore, it is
plain, there is an intereft of 10702. 3 1,
which is the produce of the 48 new prin.
cipals, each at intereft one month.
I am,

I fhall conclude this effay upon duels with obferving, that a practice was intro- B duced in the trial of Barbot, which, I hope, will never be made a precedent in this or any other part of the world, when a man comes to be tried for killing another in a duel. I mean that of calling the prisoner's most intimate companions, and asking them, did you never hear the prifoner mention any thing of fatisfaction or ill-treatment? Or any fuch question as might oblige them either to perjure themfelves, or to confefs their having been privy to the duel. Such queftions, I find, you doubted if a witnefs was obliged to anfwer. In a trial for treafon, he certainly would not, because his answer might render him guilty of misprision; and, I hope, in trials for murder in a duel, no fuch questions will ever be allowed; becaufe fuch a practice would render duels more frequent and more fatal; for no man could then ever afk the advice of a friend, or his affiftance as a Tecond. By the former, duels are often prevented, by the latter they are as often prevented from being fatal to either of the parties engaged. But if a man's E freinds must either perjure themselves or become his accufers, will any gentleman ever involve his friend in fuch a dilemma? Must not the confequence be, that the death of one of, perhaps both the parties, will be the refult of every the most trivial affront? Therefore, I hope, fome of our learned lawyers will publifh their opinion, that fach a practice is illegal, and not to be fuffered in any regular court of justice; for this, I think, is now become neceffary, that every gentleman, who hereafter happens to receive an affront, may know, that he may ask the advice of a friend, or may ask a friend to be his fecond, without involving that friend in fuch a dilemma as I have mentioned; and if fuch a G court, and fuch rules, as I have propofed, were to be established, the preventing of this practice would become ftill more neceffary, that when the cause of the duel October, 1753.

F

SIR,
Yours, &c.

Weft-Smithfield,
Oct. 16, 1753.
T. TODD.
P. S. As truth is infinitely preferable
to falfhood, I do not doubt but you will
give the above remark a place in your
next, which may excite Mr. Page (or
fome other ingenious correfpondent) to
give a more accurate folution to my arith-
metical queftion, whofe true answer is
greatly different from that given as above.

To the Hon. Mr. HENRY BATHURST and
JOHN COXE, Efq; Reprefentatives in Par-
liament for the Borough of Cirencester.
Gentlemen,

N act, paffed in the laft feffion of

A parliament, to grant lume new in

000

dulgences

See the question in our Magazine for August, p. 368 ; and Mr. Page's anfwer, in

that for Sept. p. 416,