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Proposals for amending, &c. The Ten Commandments. 65

Mede of Feeling. But as this Motion feems certainly to be divided into all that Variety of Colours, that we note; and again to depend on all that accidental State, Form, Texture, Face of Matter; hence arofe my Difficulty concerning its Materiality. But with this I have done for the prefent: And fo to my Thought concerning Water.

And this, as I found it to be in its Principles, as an Element diftinct from, fo the greatest Enemy, moft oppofite to Fire. Whence I concluded it to be perfect Reft, Inactivity, true Death. In which there cannot be Connection of Parts; Inclination, nor Appetite; neither Power of paffing nor ftaying itself: but where it is, there it remains, untill difplaced by the Acceffion of fome other Being.

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Hence I believe 'twill be eafily thought that I must have concluded Water in its chief Principles, and these in their natu-C ral State, not to be Fluidity, but Confiftence: And indeed, this I freely own; and it feems to me, that no Being in its natural State can be ftrictly fo, except Fire: In that, fo far as hath come within the Reach of my Obfervation, I have never found Fluidity, where Fire was wholly abfent. But then; how Water, D on its chief Principles could be feparated; or mounted higher than other Beings: Seeing whatfoever is in its own natural Reit, muft in its Principles be a perfect impenetrable Solid, and heavier than whatfoever is Volatile: However to which the laft with refpect to themselves will E ever prefide?

But it is this Nature of Inactivity in the Principles that prevents Coherence; in that the Parts cannot more firmly unite themfelves, nor be forced into clofer Embrace, nor stricter Union, than that they naturally or accidentally fall into.

they are feparated, take up fo much the more Place than when they ftood close together; fo their Superficies must be carried juft that way that the feparating Power hath Force, hath Strength to carry, 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.]

PROPOSAL for amending, &c. The Tea Commandments, fee p. 17. concluded. THE Sixth and rational HE Sixth Commandment, tho' capably perverted by a Set of cowardly, lowMeaning, has been, like the rest, miferamake it criminal even in Men of Spirit and fpirited, fuperftitious Expolitors, who Quality to do Juftice to themselves and their Characters, by punishing the ill Manprefume to affront them, by running him ners of any little dirty Poltron that shall thro' Body, beating out hisBrains, or any other fuch Ways and Means as have in all ble, to fecure the Regard due to their Ages been thought reasonable and reputa Rank and Fortune, and chaftife the Infolence of their Inferiours. Whereas it is generally prefumed, that this Commandment was only intended to teach the lower quiet and peaceable in their Behaviour, and uneducated Part of Mankind to be not to be quarrelfome in their Cups, nor to offer any outrageous Acts of Violence polite Affembly, where the Little Vulgar to the Disturbance of their Betters in any are too apt to mingle with the Great; as at Horfe-Races, Bull-baitings, CountryFair, Wakes, Feafts, and Revels, by kil

Wood is firmly united; Metals firmer, Fling or murdering one another, in a rude, clumfy, butcherly Way.

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 whatfoever Difanion they find: And in fome of their Cavities feem to like to fix their Abode, and be the Caut fe of Appetite of firmer Union in their circumcluding Parts. Nay in all they feem to fix their Stay for a Time; except in those, that are found amongft the chief Principles of Water. Whence a Succeffion of Fire, &c. and confequently a Separation, a Diffolution of the Other, as above. ration the Parts, by hou And as in Sepa

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Be it therefore enacted, That if any Perfon below the Degree of a Gent. bear ing Ccat-Armour for three Defcents, of which undoubted Proof fhall be produced out of the Herald's Office, under the Seal fhail prefume to kill or demolish any of and Sign Manual of.... King at Arms, his Fellow-Subjects upon any fort or kind deemed a Violation of this Commandment, of Provocation what foever, it shall be and he shall be cfteemed guilty of Murder. But if any Nobleman or Gentleman, quafame Act of Violence upon any juii and lify'd as above directed, fhall exercife the reafonable Provocation, of which he himfelf fhall be the proper Judge, it fhall be confidered only

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give it in charge to their feveral Inquefts Nature of their feveralOffices are prefum
to bring in their Verdicts accordingly.ed to be the proper Judges of their own
With a faving Claufe in tavour of all Of or their Peoples, Necellities, and are ob
ficers of the Army, who being by their liged to provide for both.
Profeflion 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 hall by no means be ex-
tended to the Officers of the Militia, who
being a kind of mixte Perfona, 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
Mufter, or upon being interrupted in their
March thro' the narrow Streets of this
City by fawcy Draymen and Hackney-
Coachmen; 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 Re-
gimental 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 Fellow-
Subjects.

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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 unad visedly enter into any Intrigues or Familiarities with any other Woman than Law and Custom shall allow; that is to say, any married Man with any Woman, except his own lawful Wife, or any unmarried Man, with the lawful Wife of any other Man; he shall be deemed guilty of the Breach of this Commandment. it is hereby declared, that this Commandment 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 receiv ing mutual Marks of warm Benevolence and Affection to their Equals or Superi ours; 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 Commandment appears plainly, by the very Letter of it, to be intended purely to difcourage mean, pitiful, Ffniveling Rogues, not to condemn Men of fuperiour Abilities, &c. as before.

The Seventh Commandment, like the
reft, could be only intended to fecure and
promote the Good of the Publick, by pre-
ferving the Order of Society, and difcou
raging Luxury and Idleness among the
lower Part of the People, who alone need
or require fuch Reftraints to be laid upon
them, as not having Senfe, Taste or Po-E
litenefs enough to direct and govern them-
felves. 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 Wel-
fare of the Nation, as fuffering unquali-
fied Perfons to poach and deftroy the
Game, which ought to be preferved for
the Pleasure and Diverfion of their Bet-
ters. It would tend to impoverish the
industrious and laborious Part of their Peo-
ple, 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 in-
fupportable Burden to the Landed Intereft
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 Me-H
diocrity and Coolness; much lefs can it be
fuppofed to affect our Governours and Su-
periours in Church or State, who by the

Be it therefore enacted, &c. That if any little pitiful Rogue fhall be found fiiching, ftealing, or feloniously purloin ing any Sum of Money, Piece or Parcel of Goods, either dead or alive, belonging to any other Perfon, 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 Piece or Parcel of Goods what foever, not exceed. ing 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 construed to extend to People of higher Stations of Life, nor to

those

Proposals for amending, &c. The Ten Commandments. 67

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mongft a Number of honeft Gentlemen, his great Eftates and Riches divided awho spend their whole Time, and exert all their Faculties, in the Service of their King and Country,

thofe greater Articles of Lofs or Gain which may chance to be in difpute between them, especially to the feveral Ranks and Degrees of illuftrious Perfons commonly known by the honourable Title of Knights of the Industry. Nor fhall it extend to those whofe fuperiour 2. That it fhall not extend to any of Skill in the Mysteries of the Law, Trade, his Majefty's Courts in Weftminster-Hall, Commerce, or Change-Alley, thall enable where an Evidence literally and materialthem to raise Eftates our of the Follies ly falfe, may yet be intentionally and forand Superfluities of their Clients, Dealers, Purpofes of Justice, Truth and Charity, mally good, and anfwer all the Ufes and Friends or Correfpondents, because they by determining and finishing a tedious, are thereby promoting the Good of Socie- expenfive Suit, that would otherwife inty, by transferring a Property in Lands, fallibly terminate in the Ruin of both Goods or Chattels from the lazy, ftupid, B Parties, and notwithstanding all Appearworthless part of Mankind, who know not how to afe, preferve and enjoy them, ance of Injuftice and Cruelty, may be in and making them circulate till at laft they its Confequences as great an Act of Mercy fettle in the Poffeffion of fome notable factor, which fhortens his Agonics, and as giving a Coup de grace to a dying Maleclever Fellow, whofe Pofterity may come to be the Ornaments and Supports of their at once puts him out of his Pain. Country! Much lefs ought it to extend to C thofe, who having the fecret Management 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 just 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 fairs, can scarce think to be a proper and fufficient Reward for all the Labour, Vigilance, Attention, Application and Integrity they have exerted in the Courfe of a long Administration.

To the Ninth Commandment chefe three Exceptions are proposed.

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extreme Rigour to thofe little polite Af 3. That it fhall not be extended in its femblies called Tea-Tables; because if they were ftrictly confined to the Words of Truth and Sobernefs, and forbid thofe from Truth, which generally enliven and little Flights, Excurfions and Deviations brighten the Audience, the Converfation the prettiest Orators in the Circle would would quickly grow flat and ir.fipid, and Freedom of Speech. And as it is univerbe infenfibly deprived of the Benefit and fally known and acknowledged, that the Dear Angels have no Gall nor Malice at heart, no Spleen, Jealoufies, Emulations, their Sex, but only utter the Overflowings Competitions or Envy against the reft of of their good Senfe, good Nature, and Zeal for Virtue; therefore, if any very pretty Creature fhould, whilft the is Cooling her Dish, or doubling her Bread and Butter, let fall any Word or Exprefor Satyr, any Fling, Flirt, Hint or Innufion that has the appearance of Invective endo that may feem to expofe or ridicule the Shape, Air, Mien, Complexion, Drefs, good Senfe or Conduct of any of her pretty Fellow-Creatures, in all fuch Cafes they muft and ought and fhall be indulged parently intended only to divert and inin fuch innocent Liberties, which are ap. Itruct the Company, and difplay their own good Tafte, Wit and Eloquence, in oppolition to the falfe Tafte, the ill Manners, the Follies and Vices of the reft of their Sex.

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 feveral Officers, Servants and Domestics, 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 ftricteft Rules of Truth and Sincerity could not duly dif- G charge the Duties of their feveral Stati ons; fuch as the difgracing corrupt Minifters, and getting the Adminiftration into cleaner hands, keeping out of the Royal Prefence and Favour fuch as would cer tainly make a corrupt Ufe of it; the fup- quite unreafonable, if not abfolutely inThe Tenth Commandment appears to be planting Rivals and Competitors for Poits H practicable, being a direct Contradiction:0 of Honour and Trult about their Royal Mafter; the attainting and demolishing a the great and fundamental Article of Nadangerous over-grown Subject, in order tural Religion, which is, TO FOLLOW to prevent his doing Mischief, and getting NATURE, . e. those Inclinations Pre

68

The GENTLEMAN'S MAGAZINE, VOL. IX.

or Degree foever, fhall prefume to at-
tempt, by Fraud or Violence, to take,
hold or enjoy any Man's Wife, House,
Servants, Cattle, or any kind of Proper-
ty whatsoever, unless by mutual Con-
tract, Bargain or Sale; and that upon fuch
Contract, fairly and legally made and ex-
ecuted, a Man fhall be deemed to have
the fame Right and Title to the Ufe, Oc-
cupation, Enjoyment or Poffeffion of the
faid valuable Goods, Eftates and Commo-
dities, as the former Owner or Poffeffor
was ever conceived to have, or could pos-
fibly convey to another.

This rough Draught fhews the Na-
ture and Delign of this Propofal, in which,
if our Reprefentatives fhall difcover no-
thing, but what is highly reafonable and
expedient for the Welfare of the Publick,
I fhall hope for their favourable At-
tention; and I cannot doubt, but that
there will be found proper Perfons enough,
both willing and able to prepare and
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bring in the faid Bill.

ur 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 utterly inconfiftent with his Wisdom and Goodness to give us Appetites and Defires, for no other End but that we should check the and reftrain them*. Now let us put 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, fenfible good-natur'd Spoufe: Is it not natural for fuch a Perfon to with at least that he could make an Exchange, or fhare in the Hap pinefs 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 Horses, Plate or China, fo that nobody were the worfe for it. This is a righteous faving Claufe, and takes away all the Iniquity and Injustice that can be fuppofed in the A&t of covering or defiring any kind or D manner of thing, that is the Poffeffion or No manner of Property of another. Question can be made, that if I like any other Man's Estate, 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 Intereft, Right and Title to the faid Eftate, Houfe, Goods and Chattels, fo conveyed to me by their true and lawful Owner. But in cafe of a Wife, the Right is ftill clearer, and the Title more unexceptionable; for if any one Man take it in his head to covet F or be in love with another Man's Wife, and the Husband of the faid Wife think it reafonable 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 confenting 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,

Be it therefore enacted, That no Perfon or Perfons, of what Rank, Quality

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The Convention between the Crowns of Great
Britain and Spain, concluded at the
Pardo on the 14th of January 1739, N.S.
Allo the Two Separate Articles belonging to
the Convention.

Hereas Differences have arifen, of

Where 2 ans, 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 elsewhere; 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: For this Reafon his Majefty the King of Great Britain, and his Majefty the King 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 G 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 producing their Full Powers, having conferred together, have agreed upon the folH lowing Articles.

ARTICLE I. 202

La den

Convention between Great Britain and Spain.

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firable and fo necessary for the reciprocal Intereft of both Nations, and particularly ration of the Damages fuftained on each and of their respective Subjects, for Repa with regard to their Commerce, cannot be etablished upon a lafting Foundation, unSide, and all Circumstances which relate to Les Care be taken, not only to adjust and this important Affair; it is agreed, that regulate the Pretenfions for reciprocal Rebis Catholick Majefty hall caufe to be paid paration of the Damages already fustained, A five thousand Pounds Sterling for a Bato his Britannick Majesty the Sum of Ninety but 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, every thing which might give Occafion after Deduction made of the Demands of thereto; it is agreed to labour immediatethe Crown and Subjects of Spain; to the ly, with all imaginable Application and gether with the Amount of what has been End that the abovementioned Sum, toDiligence, to attain fo defirable an End; acknowledged on the Part of Great Britain and for that Purpose there shall be named B to be due to Spain on her Demands, may be on the Part of their Britannick and Catholick Majefties respectively, immediately employed by his Britannick Majefty for the after the figning of the prefent Convention, Satisfaction, Difcharge, and Payment of two Minifiers Plenipotentiaries, who fhall of Spain; it being understood nevertheless, the Demands of his Subjects upon the Crown meet at Madrid within the space of fix Weeks, to be reckoned from the Day of the ciprocal Discharge extends, or relates to the That it fhall not be pretended, that this reExchange of the Ratifications, there to con- C Accounts and Differences, which fubfift, fer, and finally regulate the respective Pretenfions of the two Crowns, as well with reare to be fettled between the Crown of Spain lation to the Trade and Navigation in Aand the Company of thet Affiento of Negroes, merica and Europe, and to the Limits of that may fubfift between either of the two nor to any particular or private Contracts Florida and of Carolina, as concerning Crowns, or their Minifters with the Subjects other Points, which remain likewise to be adjufted; the whole according to the Treaties Subjects of each Nation respectively; with of the other, or between the Subjects and of the Years 1667, 1670, 1713, 1715, 1721, 1728, and 1729, including That of the Af Class mentioned in the Plan prefented at Exception however of all Pretenfions of this fiento of Negroes, and the Convention of Seville by the Commiffaries of Great Bri1716; and it is also agreed, that the Plenipotentiaries, fo named, fhall begin their tain, and included in the Account lately Conferences fix Weeks after the Exchange of ed by the subjects of the faid Crown, and made out at London, of Damages fuftain 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 shall have Liberty to have Per Measures, for causing the abovefaid En Recourse to the Laws, or to take other pro gagements to be fulfilled, in the fame Man ner as if this Convention did not exift.

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ARTICLE II.

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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. ment; and during the Time that the Dif cuffion of that Affair fhall laft, Things fhall remain in the aforefaid Territories of Florida and of Carolina in the Situation they are in at prefent, without increasing the Fortifications there, or taking any new Pofts; and for this Purpose, his Britannick Ma G jeffy and his Catholick Majefty fhall caufe the neceffary Orders to be dispatched immediately 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. ur Magazine for Sept. 17.37, p. 576, and we believe not stated fo particularly in any public Paper whatever,

ARTICLE IV.

The Value of the Ship called the Wool.
Loyal Charles, the Difpatch, the George
ball, which was taken and carried to the
Port of Campechy in the Year 1732, the
and the Prince William, which were car-
ried to the Havana in the Year 1737, and
the St James to Porto Rico in the fame
Year, having been included in the Valuati
on that has been made of the Demands of
the Subjects of Great Britain, as alfo fervue-
Hral others that were taken before; if it
happens, that in confequence of the Orders

By this is defcribed what is commonly called
South

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