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good man was called, in order to allay, Clelia. However, the greater part by suitable applications, the emotions thought it decent to attend her. Some raised by this unexpected interview. went as her companions, some for ex

Leander grew daily more convinced ercise, some for amusement, and the ab. that it was not only verbal communi. bess herself as guardian of her train, and cations which passed between Clelia and concerned in her society's misfortunes. the friar. This, however, he did not

What use Leander made of his disco. think himself fully warranted to disclose, very is not known. Perhaps, when he till an accident, of a singular nature, had been successful in banishing the hygave him an opportunity of receiving pocrite, he did not shew himself very more ample testimony.

sollicitous in his endeavours to reform The confessor had a favourite spaniel, the finner. which he had lost for some time, and N. B. Written when I went to be was informed at length that he was dipped in the falt-water." killed at a village in the neighbourhood, being evidently mad. The friar was at RK first not much concerned, but in a little time recollected that the dog had

From the Gentleman's MAGAZINE. snapped his fingers the very day before

A PROTEST. his elopement. A physician's advice was thought expedient on the occafion,

Die Martis, 29 Novembris, 1763.

HE He told him with great frankness, that no prescription he could write had the of the report of the conference with the sanction of so much experience as im. Commons on Friday last being read, merfion in rea-water. The friar, there The third resolution of the Commons fore, the next day set forward upon his was read as follows: journey, while Leander, not without a mischievous kind of satisfaction, con.

Resolved by the Commons in parlia

ment asembled, veys the following lines to Clelia ;

That privilege of parliament does not “ My charming Clelia,

extend to the case of writing and pubThough I yet love you to distraction, lithing seditious libels, nor ought to be I cannot but fufpect that you have grant allowed to obstruct the ordinary course ad favours to your confessor which you of the laws, in the speedy and effectual might, with greater innocence, have prosecution of so heinous and dangerous granted to Leander. All I have to add an offence." is this, that amorous intercourses of this And it being moved to agree with nature, which you have enjoyed with the Commons in the said resolution, friar Laurence, put you under the like The same was objected to. After necessity with him of seeking a remedy long debate thereupon, in the ocean.

The question was put, Whether to Adieu ! Leander ! agree with the Commons in the said

resolution ? Imagine Clelia guilty, and then ima.

It was resolved in the affirmative. gine her confufion. To rail was inlignificant, and to blame her physician was

Diljentient'. absurd, when the found herself under a Ecause we cannot hear, without the necessity of pursuing his advice. The utmost concern and aitonishment, whole society was made acquainted with a doctrine advanced now, for the first the journey she was undertaking, and time in this House, which we apprehend the causes of it. It were uncharitable to be new, dangerous and unwarrante to suppose the whole coinmunity underable, viz. That the personal privilege the same constraint with the unhappy of both Houses of Parliament has never VOL, III.

held;

B

of our

held, and ought not to hold in the case they both breathe the same fpirit, and of any criminal prosecution whatsoever; grow out of the fame principle. by which, all the records of parliament, The offences that call for surety and all history, all the authorities of the Habeas Corpus, are both cases of pregravest and soberest judges are entirely fent continuing violence, the proceedrescinded; and the fundamental prin- ings in both have the same end, viz. ciples of the constitution, with regard to repress the force and to difarm the to the independence of parliament, torn offender. up and buried under the ruin

The proceeding stops in both when moft established rights.

that end is attained; the offence is not We are at a loss to conceive with prosecuted nor punished in either ; the what view such a sacrifice Ihould be necessity is equal in both, and if priviproposed, unless to amplify, in effect, lege was allowed in either, so long as the jurisdiction of the inferior, by an the necessity lasts, a Lord of Parliament nihilating the ancient immunities of would enjoy a mightier prerogative than this superior court.

the crown itself is intitled to. Lastly, The very question itself, proposed to they both leave the prosecution of all us from the Commons, and now agreed misdemeanours still under privilege, and to by the Lords, from the letter and do not derogate from that great fundaspirit of it contradicts this affertion ; mental, that none shall be arrested in for, whilst it only narrows privilege in the course of prosecution for any crime criminal matters, it establishes the prin- under treason and felony. ciple. The law of privilege, touching These two orders comprise the whole imprisonment of the persons of Lords law of privilege, and are both of them of Parliament, as stated by the two ftanding orders, and consequently the standing orders, declares generally, That fixed laws of the House, by which we are no Lord of Parliament, sitting the par- all bound, until they are duly repealed. liament, or within the usual times of The resolution of the other House privilege of parliament, is to be impri- now agreed to, is a direct contradiction Toned or restrained without sentence or to the rule of parliamentary privilege, order of the House, unless it be for trea. laid down in the aforesaid standing orson or felony, or for refusing to give ders, both in letter and spirit. Before security for the peace, and refusal to pay the reasons are stated it will be propor obedience to a writ of Habeas Corpus. to premise two observations :

The first of these orders was made First, That in all cases where securiafter long consideration, upon a dispute ty of the peace may be required, the with the king, when she precedents of Lord cannot be committed till that seboth Houses had been fully inspected, curity is refused, and consequently the commented upon, reported, and enter- magistrate will be guilty of a breach of ed in the journals, and after the king's privilege if he commits the offender council had been heard. It was made without demanding that security. in sober times, and by a House of Peers, Secondly, Altho' the security should not only loyal, but devoted to the crown; be refused, yet, if the party is.committed and it was made by the unanimous con- generally, the magistrate is guilty of a sent of all, not one dissenting. These breach of privilege, because the party circumstances of solemnity, deliberation, refusing ought only to be committed till and unanimity, are so fingular and ex. he has found (ureties ; whereas, by a traordinary, that the like are scarce to general commitment, he is held fast, be found in any instance among the re even tho' he should give fureties, and cords of parliament.

can only be discharged by giving bail When the two cases of surety for the for his appearance. peace and Habeas Corpus, come to be This being premised, the first objecwell considered, it will be found that tion is to the generality of this resolu

tion, which, as it is penned, denies the Secondly, But if a libel could possibly, privilege to the supposed libeller, not by any abuse of language, or has any only where he refuses to give sureties, where been called inadvertentiy, a breach but likewise throughout the whole pro- of the peace, there is not the least colour fecution, from the beginning to the end; to say, that the libeller can be bound to so that, although he should submit to give fureties for the peace, for the fol. be bound, he may, notwithstanding, be lowing reasons : afterwards arrested, tried, convicted,

Because none can be so bound, unless and punished, fitting the parliament, he be taken in the actual commitment and without leave of the house, where of a breach of the peace, striking or in the law of privilege is fundamental- putting some one or more of his majes. ly misunderstood, by which no commit- ty's subjects in fear : ment whatsoever is tolerated, bųt that

Because there is no authority, or even only which is made upon the refusal of ambiguous hint in any law.book, that the fureties, or in the other excepted he may be so bound : cases of treason or felony, and the Ha

Because no libeller, in fact, was ever beas Corpus.

so bound : If privilege will not hold throughout Because no crown-lawyer, in the most in the case of a seditious libel, it must despotic times, ever infilted he should be because that offence is such a breach be so bound, even in days when the press of the peace, for which sureties may be swarmed with the most invenomed and demanded ; and if it be so, it will rea- virulent libels, and when the prosecudily be admitted, that the case comes tions raged with such uncommon fury within the exception, “ Provided al- against this species of offenders; when ways, that fureties have been refused, the law of libels was ransacked every and that the party is committed only term; when loss of ears, perpetual imtill he shall give sureties.”

prisonment, banishment, and fines of But first, this offence is not a breach ten and twenty thousand pounds, were of the peace; it does not fall within any the common judgmentzin the star chamdefinition of a breach of the peace, given ber, and when the crown had assumed by any of the good writers upon that an uncontroulable authority over the subject ; all which breaches, from me- press. nace to actual wounding, either alone or Thirdly, This resolution does not on. with a multitude, are described to be ly infringe the privilege of parliament, acts of violence against the person,goods, but points to the restraint of the persoor possessions, putting the subject in fear nal liberty of every common fubject in by blows, threats, or gestures. Nor is these realms, seeing that it does, in efthis case of the libeller ever enumerated fect, affirm, that all men, without exin any of these writers among the ception, may be bound to the peace for breaches of peace; on the contrary, it this offence. is always described as an act tending to

By this doctrine, every man's liberty, excite, provoke, or produce breaches privileged as well as unprivileged, is fur. of the peace ; and although a secretary rendered into the hands of a secretary of state may be pleased to add the end of state : be is by this means empowerflaming epithets of treasonable, traiter. ed, in the first instance, to pronounce ous, or seditious, to a particular paper, the paper to be a feditious libel, a matter yet no words are strong enough to alter of such difficulty, that some have prethe nature.of things. To say then, that tended, it is too high to be intrusted to a libel, possibly productive of such a con a special jury, of the first rank and con. sequence, is the very consequence so dition ; be is to underitand and decide produced, is, in other words, to declare, by himself, the meaning of every inuthat the cause and the effect are the endo; he is to determine the tendency

threreof, and brand it with his own epiLea

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same thing

ed with precision in our standing orders, about a 'square of three yards : these so repeatedly confirmed, and hitherto vacancies, being like tunnels of brick. preserved inviolable by the spirit of our kilns, I filled with brushwood, and on ancestors, called to it only by the other that threw some cinders, or small-coal house, on a particular occasion, and to of which I had sufficient quantities, serve a particular purpose, ex poft facto, then, living nigh Come collieries ; after ex parte, et pendente lite, in the courts which I covered the whole square with below.

clay about three inches thick, leaving Temple, Abergavenny, the ends of the tunnels open, which I Bolton, Fred. Litch. Cov. then lighted on the windward-Gde : as Grafion, Ashburnham, soon as the fire had got fufficient bead, Cornwallis, Fortescue,

I stopt the mouths of them; and when Portland, Grantham,

I perceived the covering was almof Bristol, Walpole,

burnt through, I had a small sprink. Devonshire, Ponsonby,

ling of cinders, or small-coal, throwo Scarborough, Folkestone. on the heap, and then another covering Dacre,

of clay of the same thickness; and thus I went on, till my fire was seven or eight feet high.

When I found my fire was very well From the LONDON MAGAZINE.

kindled, which was commonly aboat On the method of burning Clay, and of the time I put my second coat on, I

the benefit of it when used as a Ma- used to enlarge the base of the fire, by nure.

continuing the tunnels, and by adding I ,

Observed our lands, (for I then liv. new ones to the sides, (which were filling borne three crops of corn, which is lighted) till I made my fire about seven the common method of husbandry in yards square ; for I soon found it nethose parts, produced good quantities of ver burnt well in the middle if it was grass for two or three years, after so large at first. which the ground began to sadden, and Care should be taken the labourer then the produce diminished, and rulhes does not put on too thick a coat at once, grew in abundance.

as it will be apt to smother the fire : This led me to think, that whatever besides, by confining the heat in too would contribute to keep the particles much, the clay was apt to run and ridisunited would be of great service : trefy, which was then of little use. and further, I imagined, that clay or

As soon as the heap was sufficiently foil burnt would never re-unite ; which cool (for the sooner it is laid on the land proved a fact : moreover, that the salt the better) I put about ten large cartit gained by passing through the fire loads on a statute acre, and found it an would enrich the land, which appeared admirable manure for either meadow, from its produce when denshired; tho' pasture, or corn: for the latter it will I never approved of that husbandry, as not last more than three crops, though the soil was thereby diminished, which longer for the two former : and with is already too thin in that country. this I have made prodigious improve. This determined me to attempt burn- ments; but I dont believe it will an. ing clay, which I did in the manner swer for a sandy soil, as it will render following:

it ftill lighter. I caused a labourer to dig as much This manure I burnt all times of the clay as made a number of walls of nine year, though flower in the winter than inches high, and of the same thickness, fummer, but always tastelt in windy and the same distance from each other, weather. in a parallel duection, as would make Tais, I fancy, may be burnt with

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The land and the sea were both peri. sometimes to the other, at length anlous: they feared to meet with people, swered positively they would not deliver meet with nobody. Towards night they were gone away, and out of sight, the light upon a few poor herdsmen, who failors brought the vesel to an anchor, unhappily had nothing to give them : at the mouth of the Liris, where it but knowing Marius, they advised him makes a great marsh ; and then they adhad seen a party of horse in search of himself, tiil the wind should coine fair, bim. Marius feeing that his attend, which they said, would soon happen, for

brufb-wood, or fürze only; which I ap- ants, spent with long fasting, were un-
prehend may answer better between the able to go farther, turned aside out of
coats than coal, as it will keep the clay the road, and hid himself in a thick
more open,

wood, where he passed the night in great
distress. The next day, tho' pinched
with hunger, yet willing to make use

of the little strength he had left, he From the LONDON MAGAZINE. travelled by the sea-side, encouraging The adventures and distresses of Marius, which he said he depended. He told

his companions by prophecies, upon
after his banishment ; from Hooke's
Roman Hiftory.

them, that when he was a child, he

brought home an eagle's nest, in which N the evening of that day on which were seven young ones, and that his pa

he made his escape, he arrived rents, much astonished at the accident, at a villa of his own, called Salonium, (tor it is said, that an eagle never

and from thence sent his son to some hatches more than two) having conis neighhouring farms belonging to his sulted the diviners, these had declared,

father-in-law Mucius, there to provide that he would be the greatest amongtt'
necessaries for their voyage. He him. men, and be seven times possessed of the
self went in the mean time to Ostia, highest magistracy in his country.
where his friend Numerius having pre When he and his company were now
pared him a ship, he, without staying about two miles and a half from Min-
for his son, but taking with him Ġra- turnæ, they espied a troop of horse
nius, his wife's son by a former husband, making towards them with all speed,
weighed anchor. Passing along the coast and, at the same time, two ships pretty
of Italy with a favourable wind, he was near the shore. Hereupon they ran as
in no small apprehension of one Gemi. fast as they could to the rea, and plung-
nius, a man of great interest at Tarra. ing them:elves into it, swam to the ships.
cina, and his enemy. He therefore bad Granius, and those that were with him,
the sailors keep off from that place; and got into one of thein, and passed over
they were willing to obey ; but the wind to the opposite island called Ænaria.
changing, and blowing hard from the Marius, heavy and unwieldly, was,
Sea, and their vessel being scarce able with much difficulty, borne above the
to relift the waves ; Marius too, being water by two llaves, and put on board
indisposed, and fea-fick, it was with the other hip. In this instant, the fol-
great difficulty they could get so far as diers arrived at the sea lide, and from
Circeii

, on this side of Terracina. thence called out to the mariners, to The storm now increasing, and their bring their vefsel to fhore, or else to provisions failing, they went on fhore, throw out Marius. He on the other and wandered up and down they knew hand, befought them, with tears, not not whither ; avoiding, as it usually to deliver him up to his enemies. The bappens in great dangers, the present mariners

, after a consultation, wherein on uncertain hopes. they inclined sometimes to the one lide, and yet, wanting food, feared more to up Marius. But foon after the soldiers

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