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that he could not suggest to himself ing him out of the house, when
any one case, wherein a court-martial their general was in danger of hav-
might be guilty of a breach of the ing a vote passed against him ; and
privileges of this house. I have suppose the question for this purpose
known his imagination much more hould be carried in the court-mar.
fruitful upon other occasions. Do tial by a majority but of one, how
not we all remember, that a famous A could we punish the guilty, how
court-martial, but a few years ago, could the innocent clear themselves?
put a very high indignity upon one We may talk of our being a court
of the courts in Westminster-hall, of justice in matters of privilege
for which they were glad to make a and election : I doubt if the world
most humble submission ? And may thinks so : I am sure, we do not act
not an ignorant and wrong-headed as such, because we never pretend
court-martial put such another in- B to adhibit an oath to any witness
dignity upon this house, or perhaps examined upon such occasions ; and
on you, Sir, who so worthily and so this alone is sufficient for raising a
honourably fills the chair?' I wish scruple in an officer's breast, whe-
gentlemen would be a little more ther he be at liberty to disclose to
cautious, when they talk of the us, how any man voted in a court-
power of judges, justices of the martial, which had committed such
peace, or commanding officers, over Ca heinous breach of privilege.
the members of this house, in the I shall therefore conclude, Sir,
cale of crimes. The king himself, with observing, that those who are
when he orders any of our members of opinion, that the two houses of
to be taken into custody for the parliament are not comprehended
highest of all crimes, treason, al- under the words, court of justice,
ways takes the first opportunity to must find themselves under a necessi-
acquaint us with it, and to desire D ty of agreeing to the amendment
our leave to detain him in cuitody. proposed ; and those who think that
This, 'tis true, is never refused, they are, can have no reason for op-
when there is no suspicion of a si- posing it ; for which reason, I hope,
nifter design ; but if we had any it will be unanimously agreed to.
such suspicion, we have a power to
send our serjeant for our member, The next Speech I shall give you in
to examine into the cause of his E this Debate, was that of Afranius
commitment, and to declare it a Burrhus, the Purport of which was
breach of privilege, if no fuffi- as follows :
cient cause should be made appear ;
and I would advise the highest gene-

Mr. President,
ral that ever can be in our army, or
any court-martial we can ever have, S the question now before us
to be cautious of confining an offi. F

is not, whether we shall

agree cer who is a member of this house, to this oath of secrecy or no, but unless there be some very just and whether or no we shall agree to the very urgent cause ; for without such

amendment proposed to be made to a cause we should deem it a breach it, I shall not presume to take up of privilege, and would punish it your time with repeating the arguaccordingly.

ments in its favour, or answering But, Sir, suppose a court-martial, G the objectious made against it. All without any just cause, should order

I shall say on this head is, that as I one of our members to be confined think the influence of superior offiin the dungeon of the Savoy, mere- cers upon their inferiors, who happen ly, perhaps, for the sake of keep

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19 to be members of a court-martial, for a gentleman's having the honour ought to be prevented, I shall be for to be chosen a member of this this oath of secrecy until I hear an house, no way frees him from the other method for the same purpose jurisdiction of a court-martial, or proposed, which I think equally from that duty and subordination he practicable and more effectual. is bound to as an officer in our army

Now, Sir, as to the amendment A or navy, so far as it is consistent proposed, I am so fully convinced, with the duty of his service in this that under the term, court of justice, house. both houses of parliament are com- Upon this subject, Sir, I lately prehended, that I cannot think any happened to peruse a case which I man will ever doubt of it; and if think very apposite to the present any man should put his own sense, purpose. It was the case of the earl upon the words of an oath, and B of Torrington, who was taken into contumaciously insist upon that being custody by a warrant of the privy the sense, contrary to the general council, and sent to the Tower, in opinion of mankind, I must think, order to be tried by a court-martial, he would deserve to be punished for for his behaviour in the sea-fight with his obftinacy. Nay, farther, I the French off Beachy-head, soon should look upon him as one of after the beginning of the reign of those who voted in favour of the C K. William and Q. Mary. As he was unjust sentence inquired into, and a member of the other house, as his making use of that pretence for foon as the parliament met, he com. not answering, I should consider as plained to that house of his commita confession of his guilt. There- ment, and claimed his privilege as a fore, I must think the amendment

peer of the realm

Their lord ships proposed quite unnecessary ; and I censured the order of council for his am against agreeing to it, because, ID commitment, as not having been think, would introduce a very in- legally issued ; but after calling for vidious distinction between a court of and perusing his commission, they justice and a house of parliament, as declared, that by his accepting and if neither house were ever to be acting under that commission, he called a court of justice ; when it is gave up his privilege of being tried so evident, that each has in fume re. as a peer, for any offences commitspects a jurisdictive as well as a le. E ted against the act of the 13th of gislative capacity; and we join both Charles II. for regulating the navy, together when we pass an act of at. and was according to the directions tainder, or an act for inflicting pains of the said act to be tried by a courtand penalties upon any criminal. martial. Accordingly, he was soon

For this realon, Sir, I must be of after tried by a court-martial; and opinion, that the oath as it stands cho'the members of that court were now, can be no bar to any future F generally none of his friends, and parliamentary inquiry, nor to our pu- the court interest was strong against nishing any court-martial, that shall him, yet, to the honour of that court dare to be guilty of a breach of the as well as his own, he was unaniprivileges of this house.

But at

moufly acquitted of every article laid the same time I must observe, that to his charge. however jealous we may be of our This, I say, Sir, was the behaviour privileges, we ought not to thew G of the other house upon this occasion; such a jealousy of them, as may en- and I do not question but that this courage any of our members who house would behave in the same manhappen to be in our army or navy, ner, if any one of our members, to be guilty of any military crime ; who is an officer in our army or navy,


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20 Disorder the Source of private and publick Misery..: Jan. fhould complain of his being con- If such be the miserable condition of fined or tried by a court-martial for

every one that forsakes order, and permits a real breach or neglect of his mili

his passions to be his masters; what must

be the dreadful consequence in that state tary duty. We might, perhaps, in

or kingdom, where the whole community quire so far as to be convinced of his

is governed by a group of the most de having been guilty; and as there is praved passions, who having furrounded nothing in this oath that could ob. A the throne, and seized the reins of gostruct that inquiry, or any inquiry

vernment, are always jarring and quar,

relling among themselves, about their own we may hereafter think proper to

private advantage, never uniting but to make, it does, in my opinion, not the nation's hurt ; where ambition, with stand in need of any amendment. out abilities, like Samson Thorn, fits at [This JOURNAL io be continued in the helm, and the whole political machine

of the commonwealth turns enurely on our nex1.]

the wheels of corruption ; where a full B

purre poffeffes every virtue, and an empty 1888399!!30808


pocket contains every crime ; where to be good or evil, is to be rich or poor, and

gold is the only God that governs ? To be A UTHOR, &c.

Since the great government of the uni. SIR,

verle is the only standard of true govern. S all the happiness that mankind en- ment, all others must be more or lels per:

fect, according as they more or less pursue law of order, so all the miseries they С the plan, and imitate the laws and di. either feel or fear, spring from disorder's rection of the world's Almighty governor. all-pernicious root, If we survey and Wisdom has fixed the foundations of contemplate the heavens and earth, and her kingdom on truth's eternal pillars, all nature's universal works, we hall and all its glorious superstructure is dir. surely perceive, that perfect order per. played in fruits that grow from truth's vades, connects, and supports the whole, unerring root : In her kingdom, justice and that such regularity of motion is so and

mercy join, like light and heat ; neceffary to their performances, that if

Djulice, like heat, is wi' hin due bounds any one of the heavenly orbs was once to confin'd; but mercy is, like light, unbe put out of its order, the whole world limited ; and thro' all her empire perfect would be instantly in chaos and confusion,

order reigns, and universal harmony. PerSo it is also in the mind of man, while feet order is right reason's everlasting rule; perftet order reigns within his heart, sweet infinite wisdom's immutable law; contentment, like celestial Jove, banishes beauteous cause of all nature's charms: It trom his breast all care, and creates a hea. covers every crown with honour, and ven within him ; but when once base par. every kingdom with happiness. fion bears the (way, his whole mind is E If therefore the method of any governfrom that moment in terror, confulion, ment should oppose order's unerring rule, and disorder. When our reason is over- and contradict trulh's eternal tenets, would whelmed by our lufts, and our servants not such a state consequently be unstable, become our masters, then truth must and tend apace to its own destruction ? truckle to falfhood, and light must yield Can, or ought any people to pay the same to darkness ; then man's mind, like a obedience and regard to that government, Chip top in a tempeft, fuffers one continual which must neceffarily destroy their hap. norm, reason with lust Mill struggling ;


piness, as to that which naturally must but being too commonly in the conflict preserve it? Or can that crown or kingovercome, his heart endures all the horros dom be esteemed durable and firm, which of hell : All fimilitude of the Deity is then takes every step to undermine itself, and utterly vanished away, and he is become induce its own diffolution ? Corruption is the very reverse of his Maker's image. the cankerworm that destroys all earthly

As want of order makes such Itrange things, and as surely brings on a change in havock in the mind of man, so it does allo a nation, as in a private body; for whatin his body and eftate ; for disorder in frever is corrupted, muft neceffarily un. them, naturally begets death to the one, G dergo a change. and poverty to the other ; and he, that Men may fiatter themselves, that they negleas to keep his body in order, and to have cunning enough to rule a people, by look into and regulate his worldly affairs, encouraging and practising upon their will soon bring the one to the grave, and vices ; but they will at last surely find, the other to rags and beggary.

that they, like unskilful quacks, who, to


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1751. CHARACTER of CLEOPAT-RA. 2 1 preserve the body, feed its distemoers, and The managed so well, that her lors of the give the dropsical larger draughts, have other became imperceptible. In short, but hastened the ftate's destruction.

Cleopatra united every thing that was

most capable of inflaming the passion of a I am, SIR, &c.

man, or flattering the pride of a 'hero ?

This is the character of Cleopatra, as BRITANNICUS.

given by our French author, and it seems To tbe AUTHOR of ibe LONDON A in every part to be pretty just, except

where he talks of the sincerity of her love; MAGAZINE.

for I doubt much, if he was ever sincerely in love, it being a rule with me, that no

true friendship is to be expected from a NEW history of Cleopatra having

man, who has once prostituted his ho.

nour, nor true love from a woman, who which the author, M. Marmontel, gives

has once prostituted her virtue. the character of that famous queen ; chose

I have, it is true, within my own know. who have either read or heard acted our B ledge, observed fome exceptions ; but I famous tragedy, called, All for Love, or

believe the rule will generally hold true ; the World well Lof, will be pleased to see

and I am persuadel, that whatever Clena this character in Englith ; therefore I fend

patra pretended, there was no fincerity in it you as tollows :

her live for Mark Antony. Her precia Cleopatra was beautiful, but that

pitate flight from the sea-fight at Adium, fplendor of beaoty, which had triumphed

was, I think, a proof of it ; for I fura over the heart of Cæsar, and according to

pect, that her Aight proceeded more from fome, that of Cneius, the son of the great c policy than any womanish fear. She knew Pompey, was become the weakeft of her

me could easily excuse it to her lover, in charms. Cæsar's love had inlpired her

case he Mould come off vicior; and in with a noble ambition. She imagined her

care of his being vanquilhed, ihe thought self worthy of the empire of the world ;

The could make a merit of it with Aug and the had no way of coming at it but

gustus. by the conquest of hearts. To her it was

If at her death the fund shewn any sign of the atmoft importance to study the art

of female timidity, her flight at Adiuin of pleasing ; and no one, I believe, ever

might have been imputed to that wea's. applied herself to it with so much success

. D nels ; but when the law, that, instead of To a magnanimous, elevated, and daring adorn ng the bed of Augustus, the was foul, na'ure in her added a bright, lively,

doomed only to grace bis triumph, the and jovial wit. She had an exquisite tatte, bchaved more like a Roman hero, than a a delicate ear, and she was a lover of every

weak, fearful woman. fort of pleasure, which she varied without This, however, she did not resolve on, cealing. Applying herself lefs to the la.

till after the had tried all her art to make tisfaction of her defires; than to the in

a new conquest of Augustos, which was spiring of such as were new, the certainly E not surely a sign of her having been ever of being agreeable never made her neglect

sincerely in love with Antony; and there. the means of appe ring more amiable ; fore we may juftly conclude, that, like and tho' me was fincerely in love, there

most other courtezans, she was in love was not an artifice which she did not

with the fortune, not the person of the pra&ile for making herself beloved.

man ; and that her heroick death pro. Quick in observing every motion of the

ceeded from her pride, not her live ; heart, which me intended either to gain or which fort of pride was in that age deem. preserve, the knew how to inspire it sea- ed a virtue, and in high repute ; and

F ronably with tear, defire, hope, confi- therefore Horace has celebrated her death in dence and jealousy, joy and grief ; em- the two following beautiful stanzas. ploying by turns, with inconceivable dexterity, tenderness and caprice, ingenuity Aufa er jacentem difere regiam and diffimulatjon, coldness and transport. Vultu fereno fortis, et afperas At those times when the seemed to aban. Traflare serpentes, ut atrum don herself mort to her inclinations, the Corpore combiberet venenum, made them fubservient to her designs, and

Deliberata morte ferorior : there was policy even in her getting drunk. G Sævis liburnis, fcilicet invidens, One can hardly fay which had in her the Privata deduci superbo pre-eminence, the gifts of nature, or the Non bumilis mulier triumpbo. refinements of art. But both there ad. vantages the made so good ule of, that the reduced to the weakest of the (wo,

SIR, &e.


I am,



her husband's interest, by prudence and From the London Gazetteer.

frugality in the management of his family,

and studious to promote his happiness, and To be FOOL.

alleviate his cares, by a courteous, kind, SIR,

and condescending behaviour ? I o

The keeper, on the other hand, deprives that have a feeling for the miseries of his woman of that rank and reputation, their fellow.creatures, and am myself hurt

A which did entitle her to esteem, subjects by their distresses, when it is not in my her to the contempt and indignation of power to relieve them ; for which reason,

her friends, and excludes her from every I have spent some time in looking out for enjoyment in life, unless she can find it in a situation, where I may, as much as

the conversation of her undoer, or of other possible, avoid this inconvenience, and

unhappy women in her own wretched have at last found it in a remote country fituation. Again, if the married man bevillage. I am surrounded by honest, in

comes a father of children, they afford dustrious neighbours, where man and wife

him joy and comfort, and are a cement to join frugality to labour, for the mutual B the affections of their common parents, and comfortable support of themselves and who now jointly exert themselves in pro. their offspring, and having but one com- moting their happiness and well. being, not mon and inseparable interest to pursue, only by making a suitable provifion of live in the most perfect harmony, and are worldly goods for them, but by training more above want than short of superfluity. them up in the paths of virtue and reliYou must know, cousin, it is a common gion, whereby to fecure their eternal as practice with me in my walks, or rather well as temporal happiness ; whereas the fauntrings about the village, to call in up: C kept mistress is no sooner pregnant, but on some or other of my neighbours almost care is taken (at least too frequently) to every day; and I must own, that the

prevent the birth of a child, which the Beatness and good order of their cottages, parents would be ashamed to own ; and and the robust, healthy appearance of their if in spite of medicine it does come to life, children, procured to them by the honest

it is generally an orphan from its birth, industry and paternal affe&ions of their deftitute of that care and tenderness ne. parents, afford me the highest satisfaction,

cessary for the support of infancy; and if and bring to my mind the encomiums you it does struggle thro' these difadvantages, have osten beftowed on the married ftare, D and grow up, is generally exposed to po. when the parties act up to their proper verty and disgrace in this world, and for characters. These scenes, and my own what the parents care, to misery in a fu. experience (being myself blessed with a ture state. --- Once more : By matrimony virtuous good wife, and what the world new relations and friends are acquired, the generally calls fine children) convince me, interests of families united and strengthen. that there is no state in this lise so much ed, and all become more or less subler.' to be envied, cho' too frequently made the vient to the good of each other : But take fubject of ridicule by the polite world in e a harlot into your house, her first care will general, and by our family in particular : be to alienate your affe&ions from your Nay, I am told, that there are men in relations and friends, and low diffenfion your corrupt city, who dare cven boast of between them and you, that so you may keeping harlots in their houses, and yet have no advisers to wean you from your audaciously deride their neighbours who folly, nor she be interrupted in the wicked live with credit and reputation in the mar- schemes she may lay for the ruin of you ried ftare, as if adultery and fornication and your family. But indeed, when a were authorized by law, and matrimony man once falls into this scene of life, he but barely tolerated; but let luch vain F almost unavoidably discards his relations ; wretches take an impartial view of their for, are they of the female sex, he must own and the married man's condition, be abandoned to the last degree, if he and then fee which is the most proper sub. suffers them to be spectators of his vice ject of ridicule and contempt : The mar- and folly, which alone would give room ried man by his contra&t frequentiy raises a to suspect their virtue, and have a great woman to, or at least maintains her in, a tendency to ruin their reputation. Are rank and reputation, which, if Me does they of the other sex, and perhaps de. noe forfeit by her own misconduct, most G pendent upon him, the tyranny and hatred justly entitle her to the careffes of her of the woman towards them, would make friends, and the esteem of the most fenfi. their lives unsupportable in his house, and ble part of mankind in general; for what drive them to a necessity of disinheriting character is there in life more amiable and themselves; not to mention the fatal influ. endearing than a virtuous wife, careful of er.ce such an example may naturally have


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