nity to get poffeffion of the throne, without any condition or limitation for fecuring either our religion or our liberties: and this I take to be the true caufe of the difference I have mentioned. That there were Republicans in parliament at both these periods, I make not the leaft doubt; but their numbers were so small, that they were as little able to occafion an unanimous negative in 1689, as they were to prevent an unanimous affirmative in 1701. But what then appeared most extraordinary in the hiftory of this bill was, that fome of the limitations propofed and fupported by the Tories, particularly that relating to the judges, and that relating to the exclufion of officers and placemen from feats in the house of Commons, were oppofed by that party who call themselves Whigs, and who have always plumed themselves upon being the patrons of liberty. But this has long fince ceafed to be furpriting: for the former of thefe claufes has always fince been allowed by the Whigs to be, in fome meafure, explained away by our lawyers; and the latter, as well as fome other limitations, have fince been repealed by the fame party. Nor had any Whig, or Republican, in either house, the courage to propofe a claufe, for obliging any perfon fucceeding by virtue of that act, to renounce any foreign dominion he might be pofeffed of, or have a right to, in favour of the next perfon who had a right to fucceed him in that dominion: I fay, no fuch claufe was propofed in either house, though a pamphlet was, at that very time, published by the famous Toland, fhewing the danger of the crown's devolving to any prince poffeffed of a foreign dominion. Having now given a brief hiftory of our famous act of fettlement, which I have taken chiefly from Mr Ralph's Hifory of the reign of K. William, as being one of the fulleft and moft impartial hiftories we have; and having mentioned the limitation, or claufe, relating to the judges; I must enlarge upon that fubject, because it gave occafion for the bill now under confideration. By this claute it was provided, That the judges commiffions fhall be made quamd.u je bene gefferint, and that their falaries fhall be af certained and eftablifhed: but that, upon the addrefs of both houfes of parliament, it might be lawful to remove them. Now, by this claufe, the parlia ment intended, that our judges fhould every one enjoy his commiffion and falary during life, unless deprived thereof by a legal profecution for incapacity or mif. behaviour, or difmiffed by virtue of an addrefs from both houses of parliament. But after the act was paffed, and this clause came to be interpreted by our lawyers, they prefently gave it as their opinion, that every commission was of the fame nature. with a power of attorney, which ceafes, or becomes void, ipfo facto, as the civilians exprefs it, by the death of the grantor as well as the grantee; confequently the commiffions of all our judges became, ipfo facto, void by the death of the fovereign for the time being; and the next fucceffor might grant new commiflions to all, to any, or to none of thofe that had been appointed by his ancestor, but to fuch other perfons at he might be pleafed to appoint. Thus our judges, instead of holding their places for life, came to hold them only during the life of the king; and fome of them had, fince the palling of that act, been diliniffed, without any caufe affigned, upon a new acceffion. This, it was always thought, left our judges too much under the power of the crown: for it was not to be imagined, that the royal fon, or fucceffor, would grant a new commiflion to a judge, who, in the reign of his father, or ancestor, had fhewn himself a little ftubborn in any cafe wherein the crown was concerned. And it might even happen to be of bad confequence to the king in poffeffion, in cafe of his having a dispute with his apparent or prefumptive heir: for the judges might be biafled in their opinion by the danger of being difmiffed, upon the acceffion of the heir to the crown; whereas, by this act, they were fecured against being turned out by the king in poffeffion, without an addrefs for that purpose from both houles of parliament. As this evafion of what was intended by this clause, was thus of dangerous confequence to the king in pofletion, as well as to the rights and liberties of the people; and as there were feveral great lawyers in parliament when this act was pafled; it is furprising that none of them took care to have the claufe expreffed in fuch words as might prevent an interpretation, which was con trary to its intention, and yet an interpretation to which it was glaringly liable. One would from thence be apt to think, that a lawyer never attends seriously to any May 1762. Proceedings in the feffion of parliament 1760.61. any cafe of law but when he has a fee! But is it not still more furprising, that after this interpretation was put upon the claufe, and its defect thereby made manifeft, the party called Whigs, thofe patrons of liberty, fhould take no care to have this defect fupplied, and the claufe amended? Surely, nothing can be of more dangerous confequence to the liberties of the people, than to have our judges crouching under a flavith dependence upon the crown; and yet, though the Whigs have almoft ever fince had, by the countenance of the crown, a majority in parliament, they never thought of fupplying this defect, fo neceffary for fecuring our liberties, until it was recom. mended to them by a fpeech from the throne [xxiii. 159. ]. Their behaviour, in this respect as well as many others, really feems to justify the observation put by Tacitus in the mouth of a Roman ge neral, in a fpeech made by him to fome nations of Gauls, who had been perfuaded by the Germans to rebel, under pretence of recovering their liberty by means of their affiftance: In talking to the Gauls of the Germans, he says, (Hist. lib. 4. cap. 73.) Ceterum, libertas et fpeciofa nomina prætexuntur: nec quifquam alienum fervitium et dominationem fibi concupivit, ut non eadem ifta vocabula ufurparet: "Liberty," fays he, "is a word which is always in the mouth of those who aim at inflaving others, and acquiring dominion to themselves." Every reader muft now fee how this new law became neceflary, and how gracious it was in his Majefty to recommend it to his parliament. The act, after reciting his Majefty's speech in the preamble, enacts, That the commiffions of judges fhall be in full force, during their good behaviour, notwithstanding the demife of his Majefty, (whom God long preferve), or any of his heirs and fucceffors; but his Majesty, his heirs, and fucceffors, may remove any judge, or judges, upon the addrefs of both houfes of parliament: That fuch falaries as are settled upon judges by act of parliament, and alfo fuch as have been or fhall be granted by the crown, fhall be paid and payable to them fo long as their patents, or commiffions, refpectively fhall be in force: That fuch falaries of judges as are now or fhall become payable out of the annual rent or fums granted for the fupport of his Majefty's household, and of the honour and dignity of the crown, hall, from time to 233 time, after any demife of the crown, be This is the fubftance of the act; and In fuch a cafe, therefore, this act could be of no fervice, even though there were no exception in it with regard to an addrefs from our two houfes of parliament: but one of the great benefits arifing from this act, is founded upon this very exception; for from thence it becomes highly the intereft of all our judges, to preferve the : the independency of parliament, and to prevent the crown's gaining a commanding influence, either by corruption or fear, over our elections, or our two houfes of parliament; and for that purpofe, to propagate, as much as poffible, among all ranks of people, a fpirit of true practical religion for a man duly influenced by fuch a fpirit, let him be of what fect he will, can never be induced, either by corruption or fear, to do what he thinks in any degree criminal; and confequent. ly, whilft our people are generally actuated by fuch a fpirit, we can never fall under the misfortune I have mentioned. Even in a country where their monarchy is conftitutionally abfolute, it can never be tyrannically exercifed for any length of time, if the people be generally influenced by a spirit of true practical religion, and not tainted with that military enthufiafm, of a foldier's being obliged to obey his orders, without the leaft inquiry into the nature of what he is ordered to execute. Another benefit arifing from this exception is, that it will make our judges more circumfpect in their conduct, and more cautious of fhewing partiality either for love or money. A judge of a cunning head and a corrupt heart, would never make a problem of that which has been fe much difputed among civilians, Num datur cafus pro amico? He would determine, and, confidering the glorious uncertainty of the law, as it was called by an eminent barrister, he might find a plaufible reafon for determining in favour of a friend, or relation, in almoft every cafe that could be brought before him; and, in every cafe, he might contrive feveral ways of having a bribe conveyed to him, in fuch a fecret manner as would render it extremely difficult, if not impoffible, to get him convicted in the common courfe of law. Befides, few men would have courage enough to accufe and profeeute a judge, especially if he were to be tried only by one or more of his brethren; and our juries feldom find a man guilty, unless the evidence be very full and clear against him. But a parliamentary inquiry may be founded upon common report: it may be moved for, even in friendship to the man who by common fame is accufed: a house of parliament may find evidence which no private man could come at: they are not tied down to the common forms of law: for, as has been faid, they may, in their confcience, be convinced, though they cannot convict; and This exception, therefore, will fecure the fubject against the injuftice of any future corrupt judge, or the mistakes of a weak one; for, from our present set of judges, no fuch thing can be apprehend-ed; and whilft our conftitution is preferved, it can create no flavish dependence upon the crown. Every able and upright judge is now provided for life, with fuch a falary as muit be thought fufficient by every man who is not avaricious. I only with that the due and regular payment of their relpective falaries had been more exprefsly provided for. A prime minister, for fuch a one we may hereafter have, may, from various pretences, allow the falaries of all, or fome of the judges, to run long in arrear, in cafe he should hap pen to be difpleafed with the conduct of all, or fome of them: for we know that the produce of the civil-lift revenue has fometimes been found to be infufficient; and it would be hard upon the judges to wait for their falaries till the minister thould think fit to apply to parliament for making good that deficiency. There are many falaries and pensions payable out of the civil-lift revenue, for the regular payment of which, a minifter may think himfelf more concerned, than for the regular payment of the falaries to honeft and upright judges; but thefe last the nation has the greatest concern to fee duly and regularly paid; and therefore I can fee no reason why it fhould not have been enacted, that these falaries fhould be payable, quarterly, or half-yearly, out of the first and readieft of the civil-lift revenue: nor can I think, that it would have been any breach of modely in our judges to have defired it; for no man would have fuppofed, that they could doubt of their talaries being regularly paid during his prefent Majesty's reign; and, confequently, every one would have concluded, that their request did not proceed from any feltifh motive, but folely from a concern for the prefervation of our happy conftitution, and in order to provide against what might happen in fome future reign, and probably after every one of them had ceafed to exift. [To be continued.] Ani May 1762. Of narcotics for the toothach. On the Bath waters. Animadverfions on the use of NARCOTICS, By the fame reason, those who are overmuch addicted to the smoking of tobacco, lose their teeth fooner than they would by a more moderate use of tobacco that way; and as, therefore, nothing can be fo contradictory to the teeth as opium, and all narcotics, I would counfel all perfons who have a mind to preferve their teeth, when they happen to be attacked by thofe tormenting pains, to prefer gentle and fweet-fmelling fpice to narcotics, and of two evils to chufe the lefs. Narcotics fhould more efpecially be abstained from, when the gums are in a state of inflammation; for they would foon difpofe thefe parts to a gangrene. This alfo we fee happen in inflammations of the internal parts, as of the inteftines, partitularly if the inflammation is accompanied with griping pains. Of this there was 235 lately an inftance here, in a woman who was taken ill of an iliac palion, and had at the fame time a rupture. Having confulted fome phyficians, who preferibed for her the remedies they thougat proper for her condition, the called in, unknown to the n, a furgeon of her neighbourhood, who alfo took upon him to practite phyfic. He brought her I know not what remedy, in which opium was an ingredient. Her pains, indeed, ceafed all of a fulden, and her family thought her cured; but a gangrene happening, in confequence of the opium, in her inteftines, he died foon after. The furgeon, as ufual, did not fail to fay, that he was called upon too late, and threw the whole blame upon the phyficians. It were to be wifhed, in thofe cafes, that the art of extracting from metals thofe pure fulphurs, which, without being in any wife narcotic, have the virtue of calming minds and mitigating pains, was more known or better cultivated. If fuccefs attended fuch refearches, nothing, in my opinion, would add more to the improvement of phyfic. N. B. Most of the quack tintures, and other preparations, fold in London for the toothach, and from thence difperfed into the country, are, upon examination, of a narcotic quality. Bath, March 9. 1762. A letter from Dr D. W Linden to Dr Sutherland, at the hot wells, Bristol. DEAR SIR, IN compliance with your request, I send you a brief account of my last examination of the Bath waters. The phænomenon which most ftruck me, was certain cakes, of a blackish colour, which at this time of the year are found floating upon the furface of these waters, and which I had never feen before, having been at Bath only in the winter months, when they do not appear. I had, indeed, heard much of them, and was told that they were a vegetable substance, the conferva gelatinofa; but, upon examination, I found this to be a mistake, and that the black cakes were mineral. That they are not the conferva gelatinofa is manifeft, from their appearing fo early as the beginning of May; for the conferva does not appear till July, and it does not flower till Auguft. Beides, the conferva is found only in ftagnant waters; and it is abfurd to fuppofe that a mineral hot spring fhould have any communication with a stand ing pool, whence it could receive this plant, as it could not receive the plant without fuch a mixture of the water as would render it cold, and annihilate its virtue. That the Bath water cannot originally produce the plant, is certain; for it is continually in a ftate of agitation, which renders the growth of it impoffible. Upon a clofe examination of thefe cakes, fome of which have a greenith hue, I found that those which had lain near the wall for fome time undisturbed, had caused a natural crystallization of the falts in the Bath water; and thefe falts, on fome of the walls in the Abbey-houfe fpring, were more than half an inch thick. Such a cryftallization could not be caused by a vegetable substance. Having now fhewn what these cakes are not, I will tell you what they are: for, upon applying the common vitrioline folvent, I found them to be neither more nor less than the mucilagium ferri, or flimy fubftance, that is always a conco. mitant of iron stone, iron-earth, or ironore. If there is any medical virtue in iron, it ought to be fought in this flimy fubftance; and I fhall fhew, in a treatise on the Bath waters, which I am now preparing for the prefs, that the Bath waters derive great medical efficacy from these cakes, especially in external appli cations. Those perfons who have supposed these cakes to be vegetable, have been deceived into that opinion, by the folid fibrous parts which they have difcovered in them, after having wafhed them from the mud and other extraneous bodies that have been found mixed with them. But thofe who are acquainted with practical mineralurgy, a fcience which is effentially neceflary to those who undertake the analyfis of mineral waters, know, that the flimy fubftance in iron-ore, when agitated in waters that contain falt, will form itself into fibres and branches, refembling thofe of vegetables: and upon this principle it is, that, in curious chymiftry, fmall branches and fibres are formed in liquids by the folution of metals and minerals, and have obtained the name of philofophical trees. Some experiments, indeed, have been made upon thefe cakes, by diftillation; and it has been prefumed, that they are vegetable, becaufe they yield only an infipid water, without any metalline or mineral particles. But this is wholly fal lacious and inconclufive; for the mucilagium ferri, or any other metal or mineral, mixed with common or faline water, will, in diftillation, yield only an infipid water, without mineral particles, becaule thefe particles are prevented from rifing in the fteam, by their own weight. I am, &c. D. W. LINDEN. A MEDICINAL ANECDOTE. THE father of Chancellor Aligre in France, was a man of fuch a cold and phlegmatic habit, that all means employed to purge him had long proved ineffectual. His phyfician, however, judging a purge neceffary, called his fervant afide, and gave him the dofe, defiring him at the fame time to endeavour to put his master in a paffion, and then to make him fwallow the potion. The fervant went into the Doctor's fcheme, and next morning early entered into his master's chamber with precipitation, opened the curtains in a noisy manner, and awaked him out of a calm and gentle fleep. M. Aligre, rubbing his eyes, beheld his fervant withcut the leaft emotion, and only asked him, what it was o'clock? About an hour after, the fervant having once miffed his aim, refolved to make a fecond trial: whilft he was warming his master's fhirt, he let it fall into the fire, and brought it half-burnt to M. Aligre; who, with a ferene countenance, defired him to warm another. The fervant beginning to think that he muft do fomething yet more provoking, in order to gain his point, threw down, and broke in pieces, fix curious Venice glaffes, of which his mafter was peculiarly fond: It is indeed a pity, said M. Aligre, with the most unruffled calmnefs of voice and mind; for they were really very handsome. After this, the fervant defpaired of accomplishing his purpose, when a client came in, who had an affair of consequence which required much thought, to lay before M. Aligre. This client, who was lively, and full of motion, had on a coat of taffeta, which made a rustling, difagreeable kind of noife, as often as he changed his geftures; and difturbing the attention of M. Aligre, put him fo far out of humour, as to make him fay with an angry tone, Pray, Sir, oblige your coat to keep filence, if you have a mind that I should hear The fervant feized this lucky moment to adminifter the dose, and it produced its effect. you. Pre |