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456

Of the Obfervance of the LORD'S-DAY.

and the most uncertain fuccefs? I fancy you could not draw worfe calamities upon your head, than these enterprizes will caufe you. Nevertheless you still persist in your undertakings, and fancy you are engaged in a good caufe. You look upon yourself to be an honest man, and undergo chearfully the utmost perils to gratify the dictates A of your ambition. You do not see what fnares are laid for you. You do not confider what a risk you run. Likewise you are not fenfible what maladies may attack you during your long expeditions. Shields are of no defence against a fever, neither is courage against a consumption. A foldier my fooner die than a private man. Do you think the misfortunes of men proceed more from any thing than ignorance of the cause of them? Truly, great Alexander, you feem to me one of this number. For fake therefore this vicious course of life, if you would have any thing fucceed that you attempt, or be well spoken of that you have tranfacted. I would fend one of the Athenian judges to enable you in effect. C ing this reformation, but they are all fuch exceffive ill doers, that I can by no means truft them with your converfion. I would with you health, but till you have left off rambling, fuch good-will would be vain. Be advised and flourish. Farewel.

A Letter to a young Lady, touching the Ob

fervance of the Lord's Day.

Lame are the laws, if not by morals join'd ;
In vain we rules enact, if loofe the mind.
M A D A M,

WI

O&.

which are generally allowed to contain things chiefly of a moral nature; but because reason alfo teaches us, that, if there is a God, he ought to be worshipped both in publick and in private; the former of which requires a ftated time as well as place.

be allotted to God's publick worship, reaWhat proportion of our time ought to fon cannot precifely determine; but if we will allow God to be a proper judge, a feventh part is not too great a share to be dedicated to his fervice, from whom we have received our all. And most christians, I think, feem agreed in this: But yet they differ greatly as to the manner how this christian fabbath ought to be kept; fome B thinking that they have fatisfied all their obligations by frequenting the church in the forenoon; others are fo religious as to give their attendance on publick worship in the afternoon too, and then think themselves at liberty to do what they pleafe, provided it be not directly finful. chriftians would, at leaft, proceed thus far; And it were greatly to be wished, that all but, alas! the fact is too much otherwife; nor does there appear a profpe&t of its being better, but, if poffible, worse, unless it should please God to put it into the minds of perfons of authority and figure to fhew the way.

ITH regard to the obfervance of the Lord's-Day, which was the fubject of fome debate on Saturday last, I would beg leave to give you my thoughts, E fomewhat more recollected than in fuch a prefence as I had then the honour to be.

I take it to be a matter of the greatest importance to religion, that that day be duly obferved by all ranks and degrees of men; but then the question is, wherein the due obfervance of it ought to confist, and how to fettle fuch bounds, as may not

give too much scope to libertinifm on the one hand, and to puritanism or fuperftition on the other.

The obfervation of the Lord's-Day is not only a pofitive, but also a moral precept. Pofitive, because strictly enjoined, Gen. ii. 3*. (not to mention other places of fcripture, which may feem to have a particular refpect to the Jewish economy, and to their deliverance out of Egypt.) Moral, not only because it is inferted in the number of the ten commandments,

If there is no act of parliament to inforce the obfervance of this day (as I beDlieve there are feveral) it is a great pity?: But what do laws fignify without manners, and unless they are put in execution? They are no better than ropes of fand, and mere cobwebs, which any one may break thro' at pleasure.

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ought to be carried further than to a bare For my own part I have always thought, and do ftill think, that the duty of the day attendance upon the publick devotions at the church, and that it should extend to a decent referve, and to a more fparing use of, not a total abftinence from fuch diverfions and pleasures, as we might innocently go into upon other days; and that a fore not our own. Befides, there are many diftinction ought to be paid to it in this reprivate duties, which, if not by precept, fpect, as it is the Lord's Day, and thereyet in propriety may challenge our attention on that day; fuch are works of charity, meditating upon the divine goodness in the creation and redemption of the world, felf-examination as to our past beand, if we do not fix fome Rated times haviour, which certainly is a christian duty; for it, will run a great hazard of being wholly neglected. But thefe I mention, not as of neceffary obligation, but in pro

priety

*Our correfpondent, we apprebend, muft understand bere the feventh part of time; for other wife, the paffage relates to the seventh day of the week, aubered's the Lord's Day is the firß.

1751. Summary of the laft Seffion of Parliament.

priety to be performed by us on this day:
Nor would I be thought to bind even the
attendance upon the publick devotions fo
ftrongly upon every one, as that no bufj-
nefs or occafions of life fhould interrupt
its course, fince, I think, there may be
many circumstances that may, for the
prefent, excuse from this attendance; only A
we must take care that they be real, not
fictitious or trivial, as is too often the cafe.

You'll fay then, Madam, Do I ad.
mit of no other intermiffion, but infift on
the whole day's being devoted to fpiritual
affairs? Indeed, I am not fo rigid: But
this I make bold to fay, that the more of
it is thus employed, the more agreeable it
will be to the original inftitution and in- B
tention, as well as practice, of the fabbath-
day.

C

If any indulgence were to be given more than common, it might, in reason, seem to belong to fuch perfons as have not the command of their time, but are closely employed in labour or fervice, or in earning their bread by their calling, during the reft of the week; but the permiffion of this would, probably, be quickly abused, and great licentioufnefs follow thereupon, as experience may fufficiently fhew us; it having been (and I fear, not without foundation) by fome obferved, that there is more wickedness practifed on that day, than on any day of the week befides; and, I heartily with, that this obfervation could D be confined to the vulgar only.

And yet, as human nature requires fome relaxation, I do not think it would be a violation of the day, if, after the publick duties are discharged, any one fhould visit a neighbour, or take a walk with a friend, or the like; provided that these be prudently conducted, and not too long con. E tinued, and that we afterwards retire and call our family together to read or hear a good book, and join in family prayer, that fo the day due to God may begin and end with him.

The taking a journey, or tranfacting worldly bufinefs, when no neceffity urges, is, in my humble opinion, very inconfiftent with the intention and proper bufinefs of the day, and therefore should, I think, be forborne, as much as poffible, by us. Nor can I help declaring my opinion against cards, or any other gaming on that day, as miniftring to vice, and a fcandal to the reformation; and am forry that I am hereby obliged to cenfure a practice, which I am credibly informed reigns in the great metropolis, and will, undoubtedly, gradually spread itself thro' the rest of the

nation.

Thus, Madam, I have given you my fentiments, perhaps too tediously, in this October, 175,

457

matter; and if in any of them I feem too fevere, or to cenfure my betters, I ask pardon, but have spoke my real thoughts.

F

From the best obfervations I have been able to make, during the many years it has pleafed God to indulge me in life, I muft freely own, I think that the great flow of wickedness, which has been coming apace upon us for these many years, and is now almoft arrived at the height, is much owing to the remiffness generally given into on that day. Would we be lerious, and fomewhat more referved, and attentive to the nature and defign of it, it would undoubtedly give a pious tincture to the rest of the week, and be a means of putting fome ftop to that deluge of vice and wickedness, which will, I fear, in the end be our ruin. I am,

Sept, 21,
1751.

MADAM,

Your most humble fervant, &c.

A Summary of the most important Affairs in the laft Seffion of Parliament, Continued from p. 414.

HE next, and the only other bill of

Tthis kind, we think neceffary to take

notice of, was the bill relating to the atteftation of laft wills, or the devifes of real eftates, which was introduced as follows: May 6, Mr. H. Bathurst moved to read part of an act made in the 29th year of Charles II. intitled, An aft for the preven tion of frauds and perjuries; which being accordingly read, he moved for leave to bring in a bill to explain and amend fo much thereof as relates to the atteftation of devifes of real estates, in which he was feconded by Mr. Wilbraham and the master of the rolls; and the motion being agreed to, they were ordered to prepare and bring in the fame.

For understanding the reason and the defign of this new bill, the reader must recollect, that by the faid act of K. Charles II. it is directed, that all devifes of lands and tenements shall be in writing, and figned by the party devifing, or fome other in his prefence, and by his direction, and fubfcribed in his prefence by three or four witneffes, or elfe fhall be void. Now as by the rule of law, a man interested cannot be a witnefs, therefore a man who is a legatee or a creditor, cannot be a witness for eftablishing a will, by which he has a legacy, or by which he might recover a debt not otherwife to be recovered; and as devifes of great confequence had been Goverturned, because one of the witneffes had a fmall legacy, or a fmall debt due to him, which he could not recover, but by establishing the will, this new bill was defigned to prevent this inconvenience; and it was paffed by the commons on May 23; but

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458

Summary of the laft Seffion of Parliament.

but as any new regulation in this matter was of very great confequence, and as fome objections were made in the house of lords to the regulation proposed by this bill, their Jordships rejected it, and ordered the judges to prepare a bill for the fame purpose against next feffion.

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pointed for the purpofe; and on the 19th, another petition of the fame kind, but in much stronger terms, was presented from the hop-planters in Effex, which was referred to the fame committee, as was another from the hop-planters of Suffolk, prefented, March 28; but all to no effect, We now come to thofe affairs where a A for the houfe did never fo much as once new law was intended, but no bill actually refolve itfelf into a committee on this afbrought in; and the first of these we shall fair, the fame having been, on April 23, take notice of, was that relating to cam- put off for fix weeks. The petitioners, in bricks. On March 5, there was a petition all their petitions, reprefented, that the prefented to the house, and read, from the ruin of our hop-plantations would be a merchants and dealers in linen, of London, lofs to the publick revenue; but in this Westminster, and Southwark, whose names they were mistaken; for if we had no were thereunto fubfcribed, fetting forth, hops of our own produce, we must have That the two acts against the wear and im- B them from abroad, which pay upon importation of cambricks, had not only been portation thrice as much as the home duty; found ineffectual, but had proved a great therefore it would be an advantage to the encouragement to the infamous practice of publick revenue, especially as the law now fmuggling; and that as this arofe from the prohibits making ufe of any thing else innature of the commodity prohibited, and tead of hops. not from any defect or want of accuracy In the laws, the petitioners apprehended, that the difficulty could not be removed by C any further regulations, or by any additional feverities; therefore praying the houfe to take the premiffes into confideration, and to do therein as should feem meet. This petition was referred to the confideration of a committee of the whole houfe, and that day fe'night appointed for the purpose; but this order was put off from time to time until May 7, when the houfe refolved itself into a committee upon this affair, but as it was then thought too late in the feffion to be able to do any thing effectual, the affair was entirely dropt; and the truth certainly is, that nothing can be done, but by laying fuch a moderate duty upon the importation of all foreign cambricks and lawns, as will not encourage E fmuggling, and granting a bounty upon fuch as fhall be made appear to be of home manufacture; but bounties, we know, are what minifters do not often chufe to agree

to.

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March 6, petitions were prefented to the house from the hop-planters in Kent and Buckinghamshire, fetting forth, That the petitioners were at a great expence in F raifing hops, and paying the duty, and were therefore unable to pay the tithe of hops in kind, for which reason they had been accustomed to pay a composition in lieu thereof; but that of late tithe in kind had been infifted on, which if not prevented by the legislature, would ruin their plantations, and put an end to the raifing G of any hops in this kingdom; therefore praying the house to give the petitioners fach relief as fhould feem reasonable. This petition was likewife referred to a commitise of the whole house, and a day ap.

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The next affair of this kind we shall take notice of, was a petition of the commiffioners from the general affembly of the church of Scotland, which was, on March 7, prefented to the houfe, and read, fetting forth, That great numbers of the minifters of the church of Scotland, who are not fufficiently provided for, could not bear the expence of fuing for that augmentation which they are by law intitled to; that the clergy of Scotland fuffer greatly by not having their ftipends punctually paid, and that rigorous profecutions for the fame alienate the minds of their people from them; that in Scotland there are fundry churches fo near one another, and the parishes fo fmall, that they cannot afford a fuitable maintenance to their respective minister, and many other parishes are fo extenfive, as to be too great a charge for any one minifter, which parishes being properly united or divided, would tend very much to the benefit of that country; and that the general affembly having taken these inconveniences into confideration, had appointed the petitioners their commif. fioners for making application to parliament for relief; therefore they prayed fuck

relief in the premiffes as to the house should

feem meet.

This petition was then ordered to lie upon the table, but was afterwards referred to the confideration of a committee; and on April 22, there was prefented to the houfe, and read, a petition of James ear! of Morton, James earl of Lauderdale, John earl of Hopetoun, Charles Hope Wier, Robert Dundafs, and Archibald Murray, Efqrs. on behalf of themselves, and great numbers of other noblemen, gentlemen, freeholders, and heritors in Scotland, reciting the refolution of the ge

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1751.

Summary of the laft Seffion of Parliament.

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neral affembly upon this fubject, and the faid petition, and fetting forth, That altho' this application to parliament was voted by a majority of the general affembly, yet the petitioners had good grounds to believe, that the fame was come into, contrary to the opinion and inclination of many of the wifeft and most prudent of A the clergy themfelves, from a fenfe of the many fatal confequences they forefaw it would be attended with; and that great numbers of noblemen, &c. in Scotland, looking upon this attempt of the clergy to be, in feveral parts of it, an open attack and violation of their properties, and in others to be altogether unreasonable and unneceffary, the heritors [landholders] of the greatest part of the counties of Scotland came to a refolution to oppofe the faid fcheme, and entrusted the conduct of fuch oppofition with the petitioners; and further alledging, That by the laws of Scotland, a very fufficient and ample provifion was made for the maintenance of minifters, and the augmentation of fuch of their ftipends, as had not been legally mo dified and fettled, pursuant to the laws in being, and for the due payment of stipends, and the uniting or dividing of parishes; and that the petitioners were convinced, that the making of any innovations or alterations in the laws relating to any of thofe particulars, were abfolutely unneceffary, and would greatly alarm the minds, and disturb the peace, of the inhabitants of that part of the united kingdom; and therefore praying to be heard, &c.

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being a difpute between the British sugar colonies and the northern colonies, which was thus introduced: March 7, there was prefented to the houfe, and read, a very long petition from the merchants of London in general, and of the British fugar planters, merchants, and others, whofe names were thereunto fubfcribed, in behalf of themselves and all others trading to, and interested in his majesty's fugar colonies, fetting forth, among several other complaints, That the northern colonies carried on a trade not only with the foreign fettlements in America, but directly with France and Holland, whereby they furnish. ed themfclves with foreign fugar, rum, molaffes, and manufactures of all kinds, which they ought to have from Great-Bri tain or the British fugar colonies only, and fupplied those countries with lumber, naval ftores, dying woods, furrs, &c. which enabled them to rival us both in our manufactures and naval power; and that past experience had fhewn, that no remedy was adequate to this great and national evil, or fufficient to put a stop to, and prevent, for the future, this ruinous and destructive trade, but a prohibition of it; therefore praying, &c.

This petition was referred to the confideration of a committee of the whole

houfe, and several accounts and papers relating to it were called for, and referred to

the committee, as alfo feveral gentlemen ordered to attend ; but before the house refolved itself into the faid committee, a pe tition of William Bollan, Efq; agent for Maffachufett's-bay in New-England, was prefented to the houfe, fetting forth the duties paid there on all foreign fugars, rum, and molaffes, by an act of the 6th Eof his prefent majefty's reign; and that the prices of thefe British commodities had fince greatly increased; that the British fugar colonies did not produce fufficient to fupply the consumption of Great-Britain, and the British northern colonies, and their fisheries; nor were able to take off and confume the lumber and provifions which the British northern colonies had to spare ; and that the Maffachufett's-bay province

A difpute being thus fet on foot between
two f h great bodies of men as the clergy
of Scotland on one fide, and the land-
holders on the other, it became an affair
of very great importance; therefore the
committee to whom it was referred, were
at fo great pains to examine ftrictly into
the facts contefted, that they did not make
their report till May 24, when col. Hal-
dane, their chairman, made their report,
which with the appendix was ordered to
be printed; and, June 3, a motion was
made for taking it into confideration the
5th, in a committee of the whole houfe,
but upon putting the question, it was car.
ried in the negative; whereupon it was
refolved, That the houfe would on that day
two months refolve itself into a committee
of the whole house, to confider of the faid
report; which put an end to this affair for
laft feffion at leaft, to the great mortifica-
tion of fome of the clergy of Scotland, G
who depended much upon the interest they
had at court.

And the laft affair of this kind, which
we think neceffary to take notice of, was
Eikewise an affair of very great confequence,

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had not had any opportunity of being informed of the faid complaint; therefore he, as their agent, prayed to be heard, in defence of that province, against the groundlefs and injurious charges contained in the faid petition.

Petitions were likewife prefented from Richard Partridge, agent for Penfylvania, New Jerfey, Connecticut, and Rhode Inland, as alfo from Robert Charles, agent for New-York, and likewife a petition of the merchants and others trading to the British fugar colonies and northern coloMmm 2 Qies,

460

Summary of the laft Seffion of Parliament.

nies, and to Germany, Holland, France, Spain, Portugal, and Italy, all against this prohibition prayed for by the fugar colonies, and most of them complaining heavily of the high price demanded by our fugar planters, for their fugar, rum, and molaffes, which had occafioned our lofs of that trade, as to the fupplying of any fo- A reign market with thefe commodities.

Thus the most material facts were contefted, and both being allowed to be heard by counsel, the house, according to order, refolved itself into a committee of the whole house upon this affair, April 22, and fpent fome time therein; but as it was an affair of the utmost importance,

and as the house could not have due infor. mation, till after the northern colonies fhould have an opportunity to fend inftructions to their agents here, Mr. Speaker refumed the chair, and the affair was dropt for laft feffion, but may perhaps be revived the next.

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We shall now conclude this Summary with a fhort account of fome of the moft C remarkable occurrences of last feffion, which did not feem to have any tendency towards the introduction of a new law; and the first of this kind was in relation to a paper, called, Conftitutional Queires, earnestly recommended to the ferious confideration of every true Briton. Which paper, either in writing or print, had been fent by the. Penny-poft to most perfons of rank in town, and left upon the table at most coffee. houfes in Westminster, by perfons unknown; and it feemed to charge fome perfons of high rank with defigns against his royal highnefs the prince of Wales. Jan. 22, the duke of Marlborough communicated this paper to the house of lords, and moved for refolutions against it, and E that the concurrence of the commons might be defired, which motions were agreed to, and the commons accordingly, at a conference, concurred, nem. con. with the two following refolutions, viz. Refolved,

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2. By the lords spiritual and temporal and commons in parliament assembled, That, in abhorrence and deteftation of fuch abominable and feditious practices, the faid printed paper be burnt by the hands of the common hangman, in the New PalaceYard, Westminster, on Friday, Jan. 25, at one of the clock in the afternoon, and

that the sheriff of Middlefex do attend at the faid time and place, and cause the fame to be burnt there accordingly *.

After which it was refolved in each houfe, That an addrefs fhould be presented to his majesty, to defire that he would give immediate orders, that the most effectual means should be taken for discovering the

author, printers, and publishers of a falfe, malicious, wicked, and feditious libel, intitled (as above) and for bringing them to condign punishment. To which addreffes his majesty's answer was, That he would give directions accordingly; but no perfon concerned has ever yet been discovered, which fhews how difficult it is to difcover. authors, printers, or publishers, when proper caution is ufed; and it is a strong argument against any greater legal restraint upon the prefs than we now have; for, as the gentleman faid of a law propofed for punishing adultery with death, it would only be a law for the more fecret commit. ting of the crime.

We shall next take notice, that there were, laft feffion, brought before the house great complaints against the oppreffions and illegal practices of general Philip Anftruther, whilst he was lieutenant governor of the island of Minorca, and several of the Spaniards, inhabitants of that land, now fubjects of Great Britain, were attending here, as they have been for a long while, in the profecution of thofe complaints; but the only confequence was, a refolution of the houfe, April 18, to addrefs his majefty to give fuch further di rections as he should think proper, for ob liging the general to make fatisfaction to certain complainants of the island of Minorca, according to an order of his majefty for that purpose, fignified to the faid F general, in pursuance of a report of the lords of the committee of the privy-council, approved by his majesty, March 16, 1748; for as to the crimes he was accufed of, if he was guilty, he could not be punished, because they were committed before the act of indemnity in 1746-7, and not excepted in that a&t, tho' fome of the complaints were then before the privycouncil.

1. By the lords fpiritual and temporal and commons in parliament affembled, That the faid printed paper, intitled (as above) is a falfe, malicious, fcandalous, infamous, and feditious libel, containing the moft falfe, audacious, and abominable calumnies and indignities upon his majesty, and the most prefumptuous and wicked infinuations, that our laws, liberties, and properties, and the excellent conftitution of this kingdom, are in danger under his majesty's legal, mild, and gracious go G vernment, with intent to inftil groundless fufpicious and jealoufies into the minds of his majesty's good subjects, and to alienate their affections from his majesty and his royal family.

And the laft affair of this kind we shall take notice of, was a question proposed to the house by Sir William Yonge, at the

• See our Magazine for January laß, p. 43.

defir

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