18 EXCELLENCY of MA N's Make. raifes immenfe weights, and fubdues the Jan. ing majestic; and when he requires expedition, he has brutes at his fervice to carry him; and can hunt the ftag, or the wild-boar, in a manner becoming his dignity. His legs, however, by means of their exquifite ftructure, afford him numerous advantages over all the brutes; for by the dextrous management of his feet, he can wonderfully alter his posture and attitude, and at the fame time preferve his whole body in equilibrio ; he can dance in various graceful figures, and turn his limbs in all the positions and motions fuited to kis stately make. Man has a great advantage over brutes from his being able to digeft, and to fupB port his body, by all kinds of aliment. Such brutes as feed only on fish are obliged to live altogether near the (hore; and the birds that feed upon feeds or fruits live wholly in the fields. The tyger, that eats raw flesh, cannot be fed at the crib like an ox; and the beafts of burden are contented with the moderate fodder they fo richly deferve at our hands: But man is unlimited, unrestrained, unconfined : He can live where he pleases, by land or water; he can use all forts of diet, and is not obliged to hunt for his prey. His palate is fitted to enjoy all forts of tastes; and his ftomach digefts every thing that is digeftable. Earth, air and water annually offer him their tribute of number Another advantage which attends the noble conftruction and formation of the human body is, that it gives us the pow er of directing, regulating, and changing or altering our own conduct, according to circumstances. Tho' the brutes have certain fingle advantages over us; tho the tag, for example, excels us in fwift-C nefs; yet man hath the power of using Aill fleeter brutes to affift him in the chace. Many brutes indeed excel us in strength, and can bear greater burdens ; but this excellence in them redounds to our advantage; while the ox, the horse, the afs, the camel, the elephant, are at our command: Which thews our infinite fuperiority over them, and the extent of our dominion. D Fault is found, that man, the ruler of the earth, fhould be born naked and unarmed, whilft nature provides other creatures with weapons of defence. But the regal dignity of man is heightened by this feeming defect. He walks more majestic unarmed, guarded and defended by his ftrong domeftic brutes; and conquering all things by his art, and the creatures that are made fubfervient to him. Lead, iron and steel, fire and fword, nitre and fulphur, are his defence against savage fierceness. Tho' man enjoys only a moderate degree of ftrength and swiftnefs, yet the frame of his body fits him for all undertakings; and his addrefs in using F and applying the powers of nature, fhews that his very wants were given him on purpose that he might call forth his latent powers to fupply them. The legs of man, conftructed in exact fymmetry with his body, feem not defigned for fleetnefs; whence many wild beafts are fwifter of foot than he, who being not formed for a meffenger, but for a ruler of the world, his legs properly serve him for ftate and grandeur. It would be inbecoming his dignity to fcamper the re's like a deer. He is framed for walk. G lefs kinds of aliment; the greatest part being fuch as is deftined only to his use. It would require a volume to relate the wonders of the human tongue; whereby we form founds, and have the command of fpeech, to exprefs our fentiments of all the things that are subject to the pow er of our fouls; and as the whole visible creation is fubject to our thoughts, this fhews us how wide the dominion of man extends, and proves his dignity to be divine. To the AUTHOR of the LONDON SIR, IF you think the following obfervations upon the marriage act worth a place in your Magazine, they are at your fervice. I am, Yours, A. 2. MANY ANY have been the obfervations upon the late marriage act; but I think no perfon hath hit upon these folof people cannot be married by a licence. lowing. First, that now the lowest fort Secondly, that perfons married by licence or banns cannot be fure that their marriage is valid, unless they understand the laws concerning the granting of licences, and 1756. Obfervations on the MARRIAGE ACT. and are careful to fee that their licence is First, the loweft fort of people cannot But fhould any furrogate, being ignorant of the canon, (for it cannot be thought that any one who knows it 19 would do fo) grant a licence to perfons who are not of good ftate and quality, and the perfons be married by virtue of fuch licence, it may be doubted whether fuch licence is not void; and if the licence be void, then the marriage cele brated by virtue of it will alfo by this act be void, as having been celebrated without banns or licence. For the hundred and fourth canon fays, "that if any commiffaries for faculties, vicars general, or other the faid ordinaries (and by confequence any of their furrogates likewife) fhall offend in the premises (that is, shall grant a licence contrary to the directions above laid down) every fuch licence and difpenfation shall be held void to all effects and purposes, as if there had never been any fuch granted, and the parties marrying by virtue thereof shall be fubject to the punishments which are appointed for clandeftine marriages." Which words may extend to all the three foregoing canons, and probably were intended to do fo; for the hundred and first canon contains matters of as much importance, concerning granting of licences, as the other two, viz. The perfons by whom they are to be granted, and how far their right of granting them extends, viz. to their feveral jurifdictions refpectively. Whence it is reasonable to think, that the intent of the hundred and fourth canon is, that licences granted contrary to the hundred and firft canon fhould he void, as well as thofe granted contrary to the two following. The fecond obfervation is, that perfons married, either by licence or banns, cannot be fure that their marriage is valid, unless they understand the laws concernging granting of licences, and are careful to fee that their licence is granted according to law, or are careful to know that the banns be published as the law direts. For it appears from what hath been faid under the first obfervation, that licences not granted according to law are void, or no licences at all, and then by this act marriages celebrated by virtue of them are void; and with regard to banns, the publication of them not as the law direcs is no publication of them, and then marriages celebrated by virtue of such publication will be likewife void. perfons to be affured that their marriage was valid, it was fufficient before this act to be affured that the marriage ceremony was performed between them, which being an open act to be performed in their prefence, they could not but know whe ther it was performed or not; but now, in order to be affured that their marriage. is valid, they must also know that a liC 2 G For cence 20 Difficulties in the MARRIAGE ACT. cence hath been duly granted, or banns concerned the minifter not to marry per- A B If it should be faid, that as the act directs the marriage to be registered as celebrated by banns or licence, therefore the regifter is a fufficient proof that banns have been published, or a licence hath C been granted; it is anfwered, that the act does not fay, that the register shall be fo fufficient a proof that banns have been published or a licence granted, as that the marriage thall not be void if it should be proved that banns were not published, or a licence was not granted. So that tho' a marriage be registered as celebrated by banns or licence, yet if this be a falfe entry, and it be proved that banns were not published, or a licence was not granted, the marriage by this act is void notwithstanding any thing that is faid in it to the contrary. D Jan. manner of publishing them, and fo can more eafily be affured that they are publithed according to law, either by being prefent themselves, or defiring fome friend to be prefent at the publication of them. So that the generality of people, if married by banns, can be more certain that their marriage is valid, than if they are married by licence; and therefore it seems fafeft for the generality of people to be married by banns. The third obfervation is, that the generality of people cannot be married, unlefs the clergyman in marrying and regiftering them runs the hazard of being transported or hanged, if he does wrong, without fufficient evidence that he doth not do wrong. I fuppofe here, that the clergyman regifters the marriage as well as marries; for if he does not register the mariage, no perfon will, there being no direction in the act for any other perfon to regifter: Neither does the act direct the minister to regifter, but it seems to fuppofe that he does regifter by saying in one place, that what it enas is for the direction of minifters in the celebration of marriages and registering thereof. The minifter in marrying and registering runs the hazard of fuffering the greatest pu. nishment which can be infli&ed upon him, viz. That of being tra fported or hanged; and therefore one would think, that no evidence that he doth not do wrong is fufficient, but the greatest evidence, even that which is abfolutely certain, and that the minifter is not obliged to marry and regifter without fuch evidence, and that it would be hard upon him if he was: But in marrying the generalty of people he cannot have fuch evidence; the minifter cannot have fuch evidence except both the perfons to be married dwell in his parish, and are married by banns, and he himself publishes the banns, unless he is himself a furrogate and grants a licence. But this cafe doth not happen in the marriage of the generality of people: If the perfons are to be married hy banns, and one of them dwells in his F parish and the other in another parish; if he publishes the banns between them in his own parish, he is fure that they have been there published; but that they have been published in the other parish he has no proof but a certificate under the hand of the minifter of that parish, whofe hand writing it may often happen he doth not know, or if he does know his hand writing, yet for ought he knows this certificate may be forged; in both which cafes the evidence he has, that the banns have been publifhed, is far from being abfolutely certain, or fuch an evi. As to licences the generality of people are ignorant of the laws concerning granting them, and fo cannot be certain that a E licence granted to them is granted according to law; and, confequently cannot be certain that their marriage is valid. And even they who do understand the laws concerning granting of licences cannot be certain, according to the ufual manner of taking out licences, whether in granting a licence to them the directions of the canons are duly obferved. The ufual manner is to go to fome ecclefiaftical judge, furrogate or proctor, who gives them a licence under the proper feal, without their taking any further thought or care about it; but if he either thro' neglect or mistake hath not taken the proper allegations or fecurity required by the canons, the licence is void, and confequently the G marriage celebrated by virtue of it will be likewife void. The publication of banns is a more open and publick act than the granting of licences, and the generality of people can more easily know the right dence 1756. Hardships of the Clergy from the Marriage Act. dence as is equal to the punishment, viz. canon. C Had it been faid in the act, that if a licence was brought to a minister under the proper feal, or a certificate of the banns having been published in the church, belonging to the parish where one of the parties dwell, as from the minifter of that parish, that this should be a sufficient warrant to him to marry persons, and to regifter them as married by licence or banns, then a clergyman would have known when he had been safe; but now, as this is not faid, when a licence under the proper feal is brought to a clergyman, or a certificate of the banns having been D published in the church belonging to the parish where one of the parties dwell, he is left to his own difcretion to judge, whether this licence or certificate be a fufficient warrant to him to marry the perfons, and regifter the marriage. And fince the penalty for marrying people without a licence or banns, and for regiftering the marriage, is fo great, if the clergy are fo cautious as not to marry perfons without fufficient evidence that there is a licence granted, or that banns have been published, without fuch evidence as is equal to the punishment they are in danger of fuffering, if they marry and register without a licence being granted, or banns having been published, who F can blame them? But fuch evidence cannot be had with regard to the generality of people who come to be married. It may be faid, that the clergy are not liable to the penalties of this act for marrying without licence or banns, and inserting a falfe entry relating to any marriage in the regifter, unless they do it knowingly and wilfully; but when a licence under the proper feal is brought to a clergyman, which is indeed no licence, having not been granted as the law dire&s, or a forged certificate be brought of the banus E 21 having been published in the church be longing to the parish where one of the parties dwell, as from the minister of that parish, and the clergyman marries the perfons in consequence of such licence or certificate, and registers them as married by licence or banns, and fo does in fact marry them without a licence or banns, and inferts a falfe entry in the register; yet he cannot be faid to do this knowingly and wilfully, and therefore is not liable to the penalties of this act. It is answered, that in this cafe a clergyman does not knowingly and wilfully tranfgrefs this act, and fo is not liable to the penalties of it; yet he is liable to a profecution, the court is to judge whether he has tranfgreffed the act knowingly and willfully or not, and it is uncertain whether he will be able to prove to the fatisfaction of the court that he did not tranfgrefs the act knowingly and wilfully, it is uncertain how the court will determine in the cafe, and therefore he is not fure but he may be condemned to fuffer the penalty of the act. And can perfon be blamed for refufing to do that, in doing which, if he does wrong, he is liable at least to be profecuted and tryed for felony, if not to be condemned to be transported or hanged, without certain evidence that he doth not do wrong? Or is it reasonable that a perfon fhould be obliged to act in fuch a cafe without fuch evidence? To the AUTHOR of the LONDON SIR, T HERE is a coal at Castle-Comber, about 60 miles S. W. from the city of Dublin, which from its first ignition to its going out burns without making the least smoke, and fires tho' ever fo large are known to burn without the leaft eruption of smoke 24 hours fucceffively, only emitting a conftant blue ambient flame, ftrongly impregnated with fulphur which constantly hovers over it. So curious a phænomenon must Arike with wonder the inquifitive philofopher when he obferves, that all other fuels, whether coal, wood, peat, or turf, constantly send out the most dirty and unwholfome fmoke, tainting the whole atmofphere for 10 miles around; but I leave the enquiry of fo fingular a property to the lucubrations of others better exGperienced in philofophical researches, and fhall proceed to lay before the publick the many advantages which might accrue to this nation by the importing of this coal, particularly to the city of London and to the royal navy, as well as to all feafaring people. 22 IRISH COAL without SMOKE. people. This coal lies in a ftrata of black Time-ftone marble, and is dug out of pits about 70 or 80 feet deep; it quarries very Conveniently into large lamina or streaks of stone coal, making no waste or flack, of 1 or 200 weight, and when first taken out of the shafts has a fine glittering and fining luftre of a bluish japan, beautifully ennamelled with fulphur. The large proportion of fulphur which is every where diffufed thro' the bowels of this valuable combustible has produced this fingular happiness to the inhabitants of the county where these mines are, and to the adjacent countries, who make ufe of the coal, to have meliorated their climate, from a A sainy, foggy impure air, into a fine clear B atmosphere, having a constant blue azure canopy over their heads, whilst in all the other parts of the kingdom they live in a perfect fog during the winter feafon. Having related to Dr. Mead fome time before he died the account of this coal, he faid he was perfuaded were the city of London to be prevailed on to use this coal, it would not fail to change this climate into one full as eligible as that of Naples, as it would have all the clearness of the Italian atmosphere, be more temperate, and have none of its exceffive heats; that the fmoak of the fea coal was fo pernicious that it killed every year thousands of children, perfons when attacked with ordinary fevers, the chronic D diforders, or epidemic difeafes; that he always found the animal economy fo clogged by the peftiferous atmosphere, wholly from the fea coal, that he generally gave the patient over, the human machine not being able to perform its function in fo dreary a climate; the use of this Irish coal would on the contrary E fave the lives of thousands. Add to this material confideration, what a new nurfery for feamen? What a profitable ad vantage to corn merchants? Who would exchange their corn for this valuable coal, befides importing black marble, with which this country abounds, and which takes the finest polish in Europe, and burns to the finest lime ftone. In regard to the ufe of this coal on board of his majesty's fhips and merchant-men, I am fully convinced were feafaring gentlemen once to make tryal of it on a long voyage, they would acknowledge their being made acquainted with the falutary properties of this coal amongst the fignal bleffings of good fortune: Any one who has been at G fea cannot but reflect on the, miferable moments they have paffed and to which they are daily fubject on that element, from the clouds of peftiferous fmoke which at every blaft of wind return into F Jan. the fhip, which mixing with the bulge water generates that noxious air fo fatal to mariners, whereas were they only to ufe this Irish coal, in a few hours fail on the Atlantick ocean, they would find themselves in a climate meliorated by the fulphurous particles from their own fires, diffipating at once all naufeous, contaminated (mells and vapours, breathing at the fame time an antidote and cure of the fcurvy, so destructive to failors, in short, they would find themselves, almost on weighing anchor off the English coast, in a climate as pure and healthy as the south of France. That the coal is fufficiently impregnated with the fulphur, to obtain thefe detirable ends, may be illuftrated by the experiment I made on a cat, which, on holding his nofe in the currency of the blue ambient flame iffuing out of the fire, in a few minutes began to ftruggle, and at last dropped down his head as if dead. I took him from the fire immedi ately, and as I had forefaw what would happen, I immediately applied the pipes of a pneumatick engine I had provided ready, and pumping out of his lungs the rarified, fulphurous air, and injecting alternately fresh air, in a few strokes of the pistons he got upon his legs again, and brifkly getting from us run into the yard, leaping and frisking about with joy he had got out of our hands. I enquired of the physicians and apothecaries of the county town, who informed me that children feldom or ever died of chronic diforders, and none but very old people of epidemic fevers when they happened, that scurvies and cutaneous distempers were very rare ; all which they imputed to the atmosphere of their country being fo thoroughly purged by the vast quantities of fulphurous fires; and I obferved in the people of all ranks a natural sprightlinefs and turn of hu mour fuperior to most of the inhabitants of thefe northern islands. This coal is brought for two pence the hundred weight, carriage paid, about 10 miles from the pits, by the hawkars who carry it about the country on fledges of a fingular make, which are univerfally used in that kingdom, and which make but a very mean appearance in comparison to the waggons we make ufe of here in England; the whole fabrick, timber and ironwork, does not coft two hillings; however, one poor fingle horfe fhall be able to crawl thro' the kingdom with 800 or 1000 weight, and with this advantage he does not spoil the roads: I could not but admire this piece of humble mechanism for its fimplicity: It is compofed of two fhafts made of afh, with five or fix bars |