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Anttthtei from the Latin of the Bifttop of Avranchei. nj
WHEN Salmafius travelled into of those who are not Lutherans. There Sweden, though at a time when both Des Cartes was buried, and a large bis age and way of life seemed to re- handsome monument was afterwards quire a ptain and modest dress, his erected to his memory, composed of wise, scorning such a habit as ignoble fir, and inscribed with a pompous rpiand plebeian, would have him appear taph filled with panegyrick. The at the Siuedijb court in regimentals, • whole expence, itis fain, was defrayed with a breast plate of leather, gloves by M. Cbanut, the French ambassador, and breeches of scarlet cloth, and a at whose house Des Cartes died. As . light grey hat, covered with a large • this wooden tomb was made of the white feather; and in this gay attire shape and colour of stone, being he consented to be seen in public. white-warned, it was said in the The said Salmafius, if we were tojndge inscription, The body of M. Des Carte* of him by his writings, we mould is interred beneath this stone. To think must have been arrogant, con- B which some unknown hand had archly tumacious, and conceited *, but in added, ofauoed.
life and conversation Do man could be [His body was removed 17 years af
more mild and gentle; he was also ter to a magnificent monument in the friendly, polite, and highly obliging; church osSt Gtnevieve at Paris ] but his good offices and domestic quiet
were much interrupted by his impe- _ I N the middle of lake Fetter is an rious wife ; and as he stood in daily „ island in which the Swedes assert there need of her assistance on account of is a cave of a wonderful depth, where a his bodily weakness and bad state of certain magician, named Gilbert, has health, he was obliged to bear with , been confined for many years, being her frowardness, and to conform to bound in massy fetters by another ma her humour, not only with patience, gician, his preceptor, with whom be but some timesalfo against the rules of had dared to stand in competition, decorum j of this the above is one in- They also affirm that many who have stance. ^entered that den, either with a view of
rescuing Gilbert, or out of* curiosity,.
Salmasius being confined with have been punished for their rasoness , the gout the whole year he spent at by being detained there by some secret Stxkhilm, the quern paid him frequent force. It is worth observing, that Ovifits. One time when (he came in, Urns Magnus tells us in his History f, he was res.line by way of amusement that this story had then been believed anarch but indecent book, written (it £ for many years by that credulous and is said)'by Francis Beroaldus Bervitta, superstitious nation: And this, it isand entitled Kei facienda ratio. Saima- observed, is generally the cafe with*. Joes carefully hid it under the bed- those who being bora in a cold climateS-." cloatbs, left the queen looking into it and being less sensible of the- genial should be disgusted with its obscenity. influences of the fun, are dull in their However, it could not escape her quick intellects, nnd very incapable of devean'd] curious eyes; and immediately loping truth and detecting falsoood: taking it up and opening it, after * Such also we are told are the Laplandreading cursorily to h er se I r a few lines, . ers, bordering on Sweden, the Iceland. and smiling at their wit and wicked- ers, and the Greenlanders \. The peoness, (be called Mil's Sparrt, a young pleof Stockholm report that agieatdralady of high birth and beauty, whom gon named Necker infests the neighsot much esteemed, and pointing out Souring lakes, and seizes and devours some passages, infilled on her reading iuchboys as go into the waterto wash; them aloud, which me was forced to Q and on this account they greatly dildo, though with great reluctance, and shaded M. Huet from swimming, when with the utmost shame and confusion, he was desirous of refrefcing himself every one present laughing immode- on account of the heat. These idle rately. phantom", however, did not deter'
him, and thev were greatly suprized
THE famous Des Cartes having when tliey saw him return safe from been invited to Stockholm by QjCbriJIs- such an imminent danger. He, how
na, died there in 1650. Beyor.d the *^ ■ —, .
northern suburb of this city i» a bury- f B. lll.Ch. so. He was archbistiop ot
in» ground allotted for the interment V/Jjjl i* 1:44.
m J To these may be added our second.r
• Msitstch fan cMUoTcny with Mtifu. ed Hiffchuia' seers.
ever, advised tUem to keep their children from the !ak»s till they had learned to swim, as otherwise they might indeed be swallowed up, not by the dragon, but by the deep whirlpools, which, being covered with unequal racks, might easily deceive the unwary.
Another rdick of Stoedijh superstition is seen in the cathedral at Stockholm, viz. a picture representing the face of the heavens, such as they appeared on the day when King Gujlavut Adolpha: set out from that city on hit German expedition. Three suns were seen in the (ley, surrounded by some luminous circles, which signs the nation thought prognosticated those exploits which that great monarch so heroically performed; little mindful of what has been remarked concerning these parhelia by their countryman Olaus Magnus, viz. that they frequently happen towards the North, and probably for no other reason than that those clouds being composed of a denser water, supply the place of a mirror, and easily receive and retain the representation of objects..
M. Huet, and his companion, in their return through Holland, experienced at Worcum what he had often heard, but always looked upon as an improbable and ridiculous fiction, viz. that the inn-keepers there charge their guests not only for what they eat and drink, but also for the noise they make. For when their landlord brought in his bill, they found he had put down in it the barking of their little dog, and the laughter of their waggish servant; and ontheir laughing still more at this, as intended merely Tor a joke, the choleric host was much enraged, and calling to his^flistance some neighbouring Boors, his townsmen, of a gigantic make, and armed with large hatchets, he brought them to his guests, crying, Seel here art some <wbo noill oblige these shameful Frenchmen to pay their larwsuldebts. Upon this M. Huet, &c. chose rather to pay than to tight.
Considerations on the Legality us General Warrants, and ibt Propriety of a Parliamentary Regulation of the fame, (See p. 25.)
IN considering the propriety of a parliamentary regulation of the exercise of general warrants, two objects of enquiry chiefly demand our attention: 1st, Whether in asy, and in what cafes, such war
rants are at present agreeable or contrary to law, for according to that any declaration of the law by parliament must be directed? and how far the liberty of the subject demands further security in that
A respect by a new law, in case the present law should apppear defective 1 idly, What is the proper mode of a parliamentary declaration of the law, in the event that such declaration should appear sufficient, without any new law?
With regard to the first of these questions, the legality of the warrant is objected to
B on two grounds. 1st, On account of the general description ot the offenders j and, adly, As containing an order for the general seizure of papers. These objections require seperate considerations. In all the arguments against general warrants, it is taken as a self evident proposition, that these warrants are illegal in every cafe,
C unless where the safety of the state is concerned. I shall nevertheless beg leave to dissent in opinion both from the proposition itself, and the exception added to it.
All the labours of the Later upon War. rantt, Sec. have not produced a single legal authority In support of the illegality of those warrants ; I am at liberty therefore
n to presume that no authority whatsoever can be sound for this purpose.
The warrant contains a specific description of a particular person; that too, which of all others, is solely and peculiarly applicable to him, the commission of the offence. How can a warrant to arrest the author or printer of a certain paper, extend to any one who is not the author or
B printer > If the messenger, or other officer, arrests an innocent person under such a warrant, he acts no more under the authority of the warrant, than if, uuder a warrant to arrest John Wilkti, Esq; he had taken up any one of a different name. If an officer is disposed wantonly to transgress his warrant, he may do so, where it is the
** most special that can possibly be penned, or even without any warrant at all. The question, therefore, is not, whether a general warrant is not liable to be abused by the officer i but, whether it gives him authority to do so, or confines the execution of it to the offender alone? Where then
G is this inherent, this necessary, this innate danger to the public liberty in the form of those warrants?
Suppose a murder is committed by a person, whose name is unknown? Is the murderer to be left to escape, because a nominal warrant cannot be issued against him? Would the law in such case, hold a
H general warrant to arrest the person guilty of the murder, to be illegal, and a violation of the liberty os the subject? Surely not. The case of murder is put only as an example: Many oilier such cas<s, where nominal warrants caiuiot possuil^ have es>
Considerations on tbt Legality of general Warrants, i 15
Act, must occur to the imagination of e- high treason, or other public danger. The »cs> one. seizure of all papers relating to a fact al's o these argument!, drawn from the ready committed, or to be afterward! carnature of the warrant itself, and the variety ried into execution, may often be necescf cases in which it may be necessary, I fary to detect the guilt of the one, or premust insist on the tacit approbation of vent the perpetration of the other. But thole warrants, by the court of King's the general and undistinguishing seizure os Bench, on all the occasions, when they all papers whatsoever, whether of a public have come by tiabeat Corf at before the A 0r private nature, whether connected with court. It is said, indeed, that the silence the object of inquiry or not, can never be of the court proves nothing, because the necessary, and of course can never be judges do not usually give attention to the lawful.
form of the warrant, unless where a dis- The author however of the Letter upttt charge is prayed on account of any irregu- Warrant*, fife, has in this, adopted a most . larity therein. Yet, in the opinion of an " groundless principle ; no man, fays he, it honourable and learned member, who, in tofurnijb tvidntt against himself; therefore spite of detraction, will be ever revered, as the seizure even of papers relating to a excellent in private character, eminent in crime committed by him is unwarranted parliament, eminent in the knowledge, and bylaw. A general rule of evidence if very high in the practice of the law, such here assumed. Let us fee what is meant, acquiescence, if not warranted by the o- Does it mean that no man is to be compel pinion of the court that the warrant _, led to give testimony out os his own mouth was legal, implied a breach of duty, and ^- against himself, to produce papers or consequently a breach of oath. goods, or in short to do any act for hit This at least must be allowed, even if own conviction r If so, I admit the protrie inattention of the court, in point of position. The law, out os tenderness to fact, was to be admitted, that the illegality the party accused, has adopted the maxim, of the warrant is not of so gross a nature But because the law, from motives of as it is represented to be; for no one, I compassion, will not oblige the party believe, will go so far as to fay that the charged to produce any thing against himcourtcan legally detain in custody, a per- "self, does it follow that every thing in hit son committed by a warrant, the illegality posscuion is sacred, and that nothing found of which is so glaring, as must strike every in h s custody is to be used in evidence by one at the first Blujb. his accuser > Does not the daily practice It has been asserted, that gentral vjarran'.t prove the falsity of that idea? Are not have beenfreauently condemned by former far- persons arrested on suspicion os felony conCamtnti. The writer mould have support- Aantly searched > Are not the papers or ed his assertion by examples. The resolu- goods found upon him produced in evitions cited on this purpose are not at all H dence again him? Are not the very letapplicable to the general warrant now in ters, nay the confessions of the accused, question. used in evidence of his guilt? Where then From the above premises, these conclu- is the rule of law, where the principle, lions necessarily follow, ist, That general that no man is to furnilh evidence against wtrrantt for the fizun of cstendert are not himself? He is not to be compelled to do contrary to law; and therefore if the parlia- it by his own act; but the prosecutor is at ment is to make any declaratian of the law liberty to avail himself of whatever he can in this respect, it murt be in savour of the P find in the house, on the person, under the warrants, zdly, That there is nothing hand, or even from the mouth of the accudangerous to the subject in that general fed, to prove the truth of his charge. form of warrant; that in many cafes such Where then is the indecency of the avowal warrants are necessary ; that it Is impossi- of the secretaries of state in their letter to ble for all the wisdom of human legislation Mr rVtlkci, that they should keep such pato foresee in what cases they may be neecs- per* as tended to a proof of his guilt? fary, in what not, as it does not depend on Q From these observations it appears, ist, the degree of the ossence, but the circum- That a general warrant for the seizure of stances of particular cases; that a ltm there- papers must he in every cafe unlawful} fire to regulate and restrain the future exercist zdly. That the law permits the seizure of of such ivarrantt, might he froduSivt of tbt such papers as bear relation either to a past must inconvenient andfatalconseauencet. crime, or any future danger to the state. With regard to the general seizure of Such is the law, such must any parliamenpapers, my notions of the law are very tary declaration of it be. different from those I have submitted on H Having thus endeavoured to point out, the first objection; for as I cannot form to the best of my power, how the law at to my imagination any legal or political present stands with respect to general reason that can require the exercise of that warrants for the seizure of persons or papower on any occasion whatsoever, I must pers, I now pro<—■* •" '*"" -Ideraticja think it illegal in every cafe, even that of of the seeot ■\aJa\ fciitial part of the legislative authority, and B wiih a view to introduce another respect
be the mode of a parliamentary declaration, viz. whether by bill or resolutions
Tins question was the only subject of debate when Sir rV, As's motion was in agitation before the house, I flatter myself if the motion is renewed fora parliamentary declaration of the law of geneal warrants, it will be drawn up in a form agreeable lo the usage of parliament; and that the teal merits of the question will be the only object of attention.
The ri^hc and propriety of parliamentary declarations of the law by bill is an es
ail prove the Usage, far less the Prefrietj et such extiajudicial determinations.
The writer upon libels 8c warrants among other if the like kind, selects the cafe oc
A Mr Hambdem, where the commons resolved that the charge of ship money, the writs called ship writs, and the judgement agunst Mr H.mbden, are against the laws of the realm j but this was previous to a bil
'for declaring wid all the late proceedings ivitb regard to jbip money, and vacating t be judgment of tbt exchequer against Mr Hambden. But we are told that the late motion was
warranted by many examples trom the earliest times. How far either house of pailian ent, not acting in a legislative or judicial capacity, can with propriety make any declaration of the law by resolution, is a question of a more doubtful natuie. 1 submit the following leasont to the
ing the privilege of the house. The Reply has informed us what that second motion would have been j but I think it goes too far when it asserts that the house considered and reasoned on that question, not as a distinct and independant, but as the preliminary to another respecting the privileges
public, in support of the opinion of those Q of the house. Far from seeing the necessary
who, dissenting fiom the propriety of a resolution, gave their negative to the motion. .
ist, A resolution being only the opinion of one houle, is not an act of the legislature, and theiesore cannot be taken notice Ot in any court of law.
idly, If the judicial power is of al) the fiar.* ot government the most nice in its nature, the molt delicate, and, if misapplied, she mt/1 dangerous m in c<*rsequences \ can a numerous assembly, contiiting of men of various iank(, prcfcssions, and interest, be the pro]*'r residence of legal decision t Surely there mult be an end of the certainty and uniioitnity al'.he law, if general points
connection between those two, I should have thought it impossible that the persons whoso sliongly expressed their good opinion of, and tender regard for, the characters of the two noble lords, could intend any motion of the fort, Could those gentlemen who beheved them to have acted rather with a hudab.eivjrmtb of duty, and a r\ xaell intended adherence to the uniform course of office, than from any malevolent intentions either against the public or the unhappy individual, be the peisons to propose such a resolution which would have secretly, branded their names with indelible infamy i. Thus, by a jeu dt politifue, the fame conduct of admintltiarion would have drawn
of law arc liable to vary with the varying o the censure of pailiament on one minister,
and obtained its appiobation and protection to anocher, and a house of commons,
and inconstant opinions of men.
jdly, If the Louses of parliament can, with propriety, decide general points of law by resolution, all such decisions must be considered as law, foi no appeal lies from their judgement; the teiolutions, therefore, of the houses of parliament, in the time of Richard II. must he held as law, when they resolved, 'Ibat the King bat the right if appointing Tu. it matters jhali be fi'ji handled in parliaments and after that icbat ntxt, and jo on to the end of the Jcjjion ; andth.it if arty (.m jbould ac~l contrary to the king's pleasure, he jbould be pun'jhed ai a traitor, sJnd, %dly, 'lb.u the Cords andCommons cannot, without consent if the king, impeach any of his judges or officers j that if any one should do so, be should be punished as a traitor.
4thly, There is not an instance in alt the records, or journals of parliament, vyhete the house ever took upon itself to determine a general point of law by resolution, unless teben it immediately arose son, or tcndidlo,jome other-si of parliamentary proccfdingi the defence of the minority, and the reply to that of the mijoriry, have cited many cafes; 1 have looked into them ill. and am now bold to fay, that neither^ n separately nor together do they at
to answer the low ends of faction, would have been made, like Si'enus of old, to blow hot and cold wiih the fame breath.
I agree, indeed, so far with the defenders of the Minority as to disapprove of the
p amendments that were made to the motion; not however a> improper in their nature, but as treating with too much tenderness a motion to which in its own form every dispassionate A; thinking man would have given his negative.
These amendments, however, have be n arraigned; they have been represented as a mere party trick, proposed by one of the
Q majority to serve the purposes of the leaders of the majority. If those purposes wereso to model the resolution as would best answer the avowed view of those who proposed it, to form it so much on the case of that warrant it meant, to censure, that it might appear to apply to that warrant.and,
I* n,ot to be A mere spontaneous resolution on a geneial point of law, they were such as did honour to those leaders, as well as to the gentlemen by whom the amendments were moved.