nounces a general verdict; it is acting contrary to what as to them is the law; it is therefore contrary to their oath. If then it is manifeft, that juries are never to judge of the law unlefs where blended with the fact, that even there they are bound to receive the directions of the judge as law, and if they entertain a doubt of the fame to return a fpecial verdict, the only remaining point on this head, is the diftinction attempted to be made between libels and other offences in this respect. This diftin&tion is the mere offspring of imagination; is it not a matter of law as much what constitutes a libel, as what a mounts to murder? I defy the writer to acial and conftructive crimes; he shall be at liberty to fuppofe that there may be a crime where is no actual crime; and that tho a libel is an injury in the most valuable right we can poffefs, and in the indictment said to be contra pacem domini regis, yet that it is A not what the law calls a breach of the peace. produce the shadow either of argument or authority in fupport of this doctrine. It is faid, indeed, that in political papers, where the power of government always interferes, this power is neceffary to the liberty of the prefs, as well as of the fubject. If we could fuppofe the peers and judges of the realm to te under the in-C fluence of that power rather than the jury, that might perhaps be a reason of expediency; but if we confider for a moment, that wherever the court is one party, the peo-. ple are the other, and that the jury is taken. from the latter, we fhall find as much reafon to doubt of the undue influence of popular paffions on their verdict, as of the D power of government over the courts of law, and the upper house of parliament. With regard to libels, the writer afferts, that the Falfebood is of the effence of the offence, and must therefore be proved. Here he has indeed confirmed his doctrine by the authorities of lawyers. Of what na E ture are they? The arguments of counsel at the bar a faying said to have been always faid by a judge; and a passage from Hawle's treatife on the duty of petty juries, refpecting a cafe, which, by bypothesis is no crime in fact or law, tho' worked up by (pecial aggravation in the indictment or information, where that author very properly fays, the jury ought to find not "guilty; as alfo where it appears that "there was no falfhood, fcandal, or ma "lice in the fact." I will freely admit, that where all thofe qualities are away, there can be no libel; but I abfolutely deny that that authority requires each as effential to the crime; and if it did, I would with the fame affertion deny it to be law. Libels, whether true or falfe in fact, must in the eye of the law of neceffity be false. In this point of view, the falfhood may be faid to be effential to the offence, because every libel in law is falfe; but as neceffary to be proved, it is certainly not fo. Having thus obferved on the doctrine of our author on the two points propofed, I will now take leave of him. He fhall enjoy unmolested his ideal distinction of F G H A Defence of the Bishops for not attempt- CHRIST, written by the late Dr The Church of England, with its prefent candour, spirit of toleration and charity, appears to me to be the beft eftablishment upon the face of the earth; to which I would con. 'form moft gladly, and with all my ' foul, provided they would admit me, without requiring any thing which appears to me unreasonable or unfcriptural. But as long as fuch things are contained in her articles, and mixed with every part of the ⚫ common forms of worship, my con. ⚫ fcience obliges me to diffent, and a void communion with her. But I with her no harm. I fincerely with her a thorough reformation, and that fpeedily; but can I entertain the least hope in breathing out my moft ardent wishes for bringing the • articles and liturgy of the Church of England, as near as may be, to the only standard of reafon and fcrip ture, after the humble, most submiffive, condefcending, and repeat• ed affectionate addreffes of the learned pious, and ingenious authors of the Candid Difquifitions, and other 'pieces of the fame kind.' Dr Benfon proceeds to say that fome of the moft learned, ingenious, and conscientious of ie clergy of the eftablished church with for a farther reformation. Upon occafion of what Dr Benfon has thus faid, another author has expreffed his fentiments in the following terms. Perfons of the most enlarged and liberal minds, of every denomination, wifh to fee many alterations made in our public forms of worship, and would, we are perfuaded, do all in their power to bring about fuch alterations. If fuch be the character and fpirit of the nation; therefore, 'what ་ what times can be more favourable for making fuch an attempt as we are pleading for? Would the fuperior clergy but exert themselves in fo glorious ་ a cause, their endeavours would be feconded by the moft candid and judicious part of the nation.' By this paragraph the want of a farther reformation, in the articles and liturgy of the Church of England, generally wifhed, as it is faid, by her own members, and univerfally by those who diffent from her, is imputed to the bishops, as it has frequently been upon former occafions. It is, however, reasonable to believe that those who have brought or fup. ported this charge, are unacquainted with the following ftatute,paffed in the 6th of Queen Anne 1707, intitled, an Aa for fecuring the Church of England, as by law eftablifbed. A B' C • advice and confent of the lords fpi ' ritual and temporal, and the com· mons in this prefent parliament affembled, and by authority of the 'fame, that an act made in the thirteenth year of the reign of Queen Elizabeth of famous memory, intitled," an act for the minifters of the 'church to be of found religion :" And also another act made in the 'thirteenth year of the reign of the late king Charles the fecond; intitled," an act for the uniformity of public prayers and adminiftration of facraments and other rites and ceremonies, and for establishing the formof making, ordaining, and confecrating bishops, priests, and deacons in the Church of England," (other than fuch claufes in the faid acts, or either of them, as have been repeal'ed or altered by any subsequent act or acts of parliament) and all and fingular other acts of parliament now in force, for the establishment and prefervation of the Church of England, and the doctrine, worship, difcipline, and government thereof, thall remain and be in full force FOR EVER. 2. And be it further enacted by Dthe demife of her Majefty (whom the authority aforefaid, that after E God long preferve) the fovereign next fucceeding to her Majefty in the royal government of the kingdom of Great Britain, and fo for ever ⚫ hereafter; every king or queen fucceeding and coming to the royal government of the kingdom of Great • Britain at his or her coronation shall ' in the prefence of all perfous, who fhall be attending, affifting, or otherwife then and there prefent, take and fubfcribe an oath to maintain and preferve inviolably, the faid fettlement of Fthe church of England, and the doctrine, Whereas, by an act made in the ⚫feffion of parliament held in the 3d and 4th year of her majefty's reign, whereby her majefty was impowered to appoint commiffioners under the great feal of England, to treat with commiffioners to be authorized by the parliament of Scotland, concerning an union of the kingdoms of England and Scotland: It is provided and enacted, that the Commiffioners to be named in pursuance of the faid act should not treat of, of concerning any alteration of the liturgy, rites, ceremonies, difcipline or government of the church as by law established within this realm: And whereas certain commiffioners appointed by her majefty in pursuance of the faid act, and alfo other commiffioners nominated by her Majesty by the authority of the parliament of Scotland, have met and agreed upon a treaty of union of the faid kingdoms; which treaty is now under the confideration of this prefent parliament; and whereas the faid treaty (with fome alterations therein made) is ratified and approved by act of parliament in Scot Land; and the faid act of ratification is, by her Majefty's royal command laid before the parliament of this kingdom; and whereas it is reason. able and neceffary that the true proteftant religion profeffed and eftablished by law in the Church of England, and the Doctrine, Worship, Difcipline, ⚫ and Government thereof, fhould be H effectually and unalterably fecured; Be it enacted by the Queen's most excellent Majeffy, by and with the worship, difcipline, and government thereof, as by law established, within the kingdoms of England and Ireland, the dominion of Wales, and town of "Berwick upon Tweed, and the terri tories thereunto belonging. the authority aforefaid, that this 3. And be it further enacted by act and all and every the matters and things therein contained, be, and 'fhall for ever be holden and adjudged to be a fundamental and effential part of any treaty or union to be concluded between the said two kingdoms ; and also, that this act shall be insert ed in exprefs terms in any act of parliament which shall be made for jettling and ratifying any fuch treat, of union, and fhall be therein declared to be an effential and fundamental part • thereof." A As the prefervation of the doctrine, worship, difcipline and government of the Church of England, as by law eftablished, was in confequence of this act made a fundamental part of the treaty of union between the two kingdoms, England and Scotland, and was inferted in exprefs terms in the act of parliament which was made for fettling and ratifying fuch treaty and declared to be an effential and fundamental part thereof, and as his pre- B fent Majefty, at his coronation, took and fubfcribed an oath to maintain and preferve inviolably fuch fettlement of the church of England and the doctrine, worfhip, difcipline and government thereof, as by law eftablished, it is apprehended that it is not poffible, while the union of the two kingdoms fubfifts, that any of thofe alterations fhould be made, which the bishops of our church are cenfured for not attempting to bring about; and, therefore, it is hoped that this cenfure, fo unreasonable in itself, and fo unjuly thrown upon them, will not be hereafter re -peated. I am, Sir, Yours &c. J. H. C D as follows; and I here fend you a tran- TO MADAME DE POMPADOUR. "Amongst the arts that have taken refuge under your protection, you have diftinguished Agriculture, for two reafons: First, as the most interefting Occupation we have; and, fecondly, as the most neglected. You have been grieved to fee, that induftry fhould employ itself fo much on matters of elegance and luxury, and pay at the fame time fo little regard to the effential and decifive object of public happinefs. Every thing that advances the art of cultivating the earth has always commanded your attention. "The prepoffeffions and prejudices of a whole nation have not been able to vilify an art, which appears in your eyes to be a moft refpectable profef fion, the living and vital fource of riches, as well as the ftrength and profperity of every country. Heaven, when it gave you an elevated and beneficent foul,proportioned the ftrength of your understanding to the goodness of your heart You love the wellHE author of the new Effay on being of mankind, and fee it in the Husbandry has given us a caution greatest and trueft lights. The arts to be upon our guard against the which we call agreeable, owe their French, left thofe bufy and induftrious favourable reception to you, becaufe neighbours of ours fhould out-trip us you made them of political use, and in a point we have always piqued gave them a fecret, but intimate conourfelves upon, with undoubted fupe.nexion with thofe firft caufes which riority; and that is, the right culture render a kingdom happy and flourish, of land. ing. Mr URBAN, T E If fuch have been your views in arts of fimple ornament only, with what attention muft you confider the art of bufbandry, which, properly fpeaking, is every man's bufinefs, and every man's concern? An art, which, in effect, is the parent and fupporter of other arts, for they are all her de. pendents, and live upon her bounty! An art, I fay, without whofe affiltG ance, only a few men would be left upon the globe; and those few might contend with the tyger for animal food, and with the wild boar for a The author I refer to, having enu. merated the Royal Premiums given in France, for the advancement of agri. F culture; their two and thirty focieties for the fame purpose; their new laws, privileges, and immunities, to the like intent, &c. adds this remarkable ob, fervation: "If our nation is not in a "lethargy, I think this is fufficient to "awaken it.-A folen march occafions "the worst fort of defeat, either in war or political adminiftration." E. 1. p. 64. This artful nation, amongst other points to be gained, took care betimes to fecure MADAME DE POMPADOUR in the intereft of reviving husbandry; and, what is more, fucceeded in the attempt. The fair lady foon was mif. H trefs of her pafture fields and dairies; Hufbandry became the language of the court; and the Du Hamels and de Jourvilles were a Imitted to the toilet. The Dedication I am speaking of is "There are not wanting patriots of exalted genius, who have reached out their hand to the labourious hufbandman, and endeavoured to raise his fpirits by their kind affiftance. A But fpeculation is ufelefs, wherever things are not to be practifed. Nothing can enrich the husbandman but the art of producing rich crops. There is no fecret for making the fields fruitful, but effectually dividing and pulverifing the foil; there muff be cattle to prepare the earth, by ploughing, Bc. and flocks to manure it. Add to this, there must be an easy and advantageous commerce; a reimbursement of the farmer's expences and capital ftock, and a recompence for his care and labour. B C admits not the revival of this useful I have the bonour to be, MADA, Your mot humble And moft obedient fervant, An Account of an uncommon Disorder of I Was called, fays M. Bertrand, on the roth of Auguft 1761, to fee the daughter of one Laurence, a peafant, at Charters, near Mery-fur Sein. The patient was about 15 years old, of a weakly conftitution, and had been ill four days. I found her fenfelefs, and therefore applied to her mother for an account of the origin and progress of her diforder. The mother told me, that about four years ago fhe had loft the hearing of her left ear, after a violent pain Deen attended with want of fleep, and in the part, and a fever, which had "It is my misfortune, Madam, that I am not permitted to explain to you all thefe elementary principles of political œconomy in full detail: You would then fee the profits of the productions of the earth divide themselves into two parts in the hands of the cultivator; namely, the expence of culture, and the money gained: The former is distributed amongst the working poor, and the latter (being the wealth of the hufbandman) circulates by degrees thro' every clafs of men in the whole kingdom. You would fee, Madam, thefe very riches, after having given life to commerce, population, and induftry, return once E more to the hands of the cultivator, who will employ them again in reproducing fuch fort of crops as he raised before. It is the fulness of this periodical reflux that enriches any kingdom at the fountain's head, & affords facceffive and never failing fupplies; and again, when this circulation is weakened, interrupted, or turned into another channel, then the constitution may be faid to be exhaufted. "But a fpecification of all these particulars may be ufelefs to one who comprehends the fyftem of publick good in all its relative views, as well as in its full extent. You are contented, Madam, to give the great maxim of Sully an entire poffeffion over your mind; namely, That the revenues of a nation are never fixed and certain, till the country is peopled with wealthy bufbandmen: That the gifts of the earth are the only goods that are inexbauftible; and that all things flourish in a flate where agriculture flourishes. Laftly, if the nature of the times This was written during the laft war, in the year 1758, other fymptoms common to the dif eafe; that the pain, after having lafted about four days, was fucceeded by a purulent discharge, upon which the fever and all the fymptoms difappeared, except the deafness, which still remained. This diforder, which required the best medical affiftance, being left wholly to nature, in about three months the difcharge stopped, and the pain, with the fever and its fymptoms, returned. After two or three days the discharge returned, and the pain and symptoms again vanished; and for the fpace of four years the difcharge continued to flow for three months together, and then to top; and every fuppreffion was attended with fymptoms more or lefs violent, according as the time was longer or fhørter before the running G returned. F H During the first fucceffion of these intervals of pain and ease, the patient loft the hearing of her right ear also, without the leaft pain in the part, or any other symptom. Her parents, when they found her totally deaf, applied to the faculty for advice, but none of the remedies that were administered produced the leaft alteration in the diforder of the left ear, though the deafness of the right ear, after about two years, went entirely off, it being then long fince she had taken any medicine. B In the afternoon of the 6th of Auguft 1761, the patient's mother went out to harvest-work in fome fields near the village, and took the girl with her, who lay down upon a fheaf, and fell asleep; the lay on her right fide, A fo that the left ear, the discharge from which was then flowing, and in which the had felt no pain for feveral months, was, without any thing in it, exposed to the heat of the fun: After fleeping very quietly for about an hour, the was waked by a buzzing in her deaf ear, attended with a fudden and sharp pain; the faid a fly had ftung her, and always continued in that opinion: she cried out, the pain being violent, and her mother ran to her inftantly, and looking into her ear, faw no Яy, but fome drops of fresh florid blood, which C feemed to have come out of the ear with the ufual difcharge. She took her home immediately, and applied warm cloths to the part, which howéver produced no good effect: The buzzing and pain increased, the face of the patient became very red, and the fever returned with great vio. D lence; the rest of the day, and the night following, were paffed in great agitation, and on the next day all the fymptoms were aggravated: In the evening a delirium came on, and this night was much worse than the preceding. On the third day, the muscles of the lips and of the lower jaw were convulfed, fo as greatly to distort the mouth, and at length to bring on the fpafmus cynicus; fome hours afterwards the upper extremities, and fucceffively, all the rest of the body became convulfed. Thefe convulfions began with a universal tremor, and ended in fainting fits. E In the evening of this day, the mi nifter of the parish was fent for, adminifter fpiritual affiftance; but the patient being in a state of total infen fibility, was incapable of receiving any. The good pricft, however, did G not totally neglect her, he endeavour. ed to relieve her under her bodily dif order, and injected oil of hypericum, and balm of commander into her ear; thefe injections, however, had no other effect nan to ftop the bleeding, which was now confiderable; the u fual difcharge continued, but all the H dreadful fymptoms increased, and the patient was reduced to the moft deplorable condition that can be imagined. On the morning of the fifth day they fent for me, and after having learnt what I have already related, examined the patient, who had not been able to receive any nourishment for four and twenty hours: The red colour which had fuffufed her face, was then deepened to a purple; her cheeks were bloated, her eyes were fixed, her noftrils dilated, her mouth open, and a frothy faliva was dif charged from her lips: the convulfive motions were lefs frequent, but the refpiration was laboured, the voice funk, the pulfe weak and intermittent, the whole lateral part of the head, on the left fide, was livid and inflated, and all appearances threatened the approach of a mortification. After I had dried up all the matter that iffued from the auditory paffage, which was twice as wide as it ought to have been, I perceived at the bottom of it fomewhat which had the appearance of a whitish membrane : İt was fituated in the place appropriated to the membrane of the tympanum, and I was in fome doubt whether it was not that membrane: I therefore passed my probe into the paffage, and touching this appearance with some degree of force, I found that it gave way, and funk deeper into the ear: This circumftance, confidering the fituation of the patient, immediately gave me a fufpicion that it might be a foreign fubftance, which, whatever might be its nature, fhould be extracted without delay. I placed the patient in a posture convenient for the purpose, and introduced a pair of annular forceps into the paffage, with which I endeavoured to lay hold of what I had feen; but the furface being extremely fmooth, and it filling the whole paffage, fo as to leave no vacancy on either fide, I failed in my attempt. While this was doing, the patient fell into convulfions and faintings, so that I feared he would have expired under my hands: However, after the recovered, I made a fecond attempt; but, notwithstanding I did it with the utmost gentleness and caution, the fell again into convulfions and faintings, which obliged me again to top; however, having got hold of the object, and knowing that if I fhould wait for a third attempt, I fhould have the fame difficulties to fuggle with, I would not quit my hold, till I fhould be convinced that what I held, was, or was not, a foreign body, and be able to difcover of what pature it was: I there |