that “privilege cannot be pleaded against an indictment for any thing done out of parliament." And both from reported cafes, and from the journals of the house of Commons, it will appear, that the claim of privilege does not hold in many cases, which cannot be brought under the defcription of treafon, felony, or breach of the peace. The parliament, however, are the properer judges of their own privileges; and to them it must be submitted, whether privilege holds in cafes of recufancy-excommunication,—outlawry after judgment, &c. &c.

Rudyard, in the Common Pleas, where

the Court faid, they have often directed that no Habeas corpus thould be moved for in this court, except it concerned a civil caufe; because when the party was brought in, and the cause shewn, this court cannot proceed upon it; therefore the PROPERER PLACE to move for thei is the KING'S BENCH."

From what has been faid, it appears, that the dicta in fupport of privilege, in cafe of a libel, &c. are fallacious; and that the authorities to which they refer, maintain a contrary doctrine. It appears likewife, that fuch a claim of privilege is against reafon and common fenfe, and fabverfive of the very ends of civil government. And, laftly, it may appear, both from the authorities of law, and the refolutions of parliament, that there is no foundation for confining the exclufion of privilege to the three cases above mentioned.

With what propriety, therefore, could the Noble perfonages who figned a certain paper, which has been industriously handed about [9.], take upon them to affert, that the doctrine on which the resolution of parliament was founded, was new, dangerous, and unwarrantable?

Let no one imagine, however, that it is any imputation on a court of juftice to have made an erroneous decision. It is no uncommon thing, for the judgment of one court, to be reverfed by the fentence of another. Befides, it must be confidered, that the cafe in question was new, and of exceeding difficulty and importance. Thefe confiderations, it may be thought, might have induced the Common Pleas to have declined, if pollible, intermeddling with a cafe of a criminal nature; more especially as it was term-time, and the more properer court was then fitting. But it is my duty to believe, that they were bound to take cognisance of it; for it would ill become me, who am no comman-council-man, to determine concerning the jurifdiction of his Majefty's courts. Nevertheless, I have met with a cafe, which I fubmit to the confideration of you, Gentlemen of the Common Council, the next time you fit in judgment on the proceedings of the courts at Westminster. The cale I allude to, is the cafe of

If therefore the taking cognisance of the criminal cafe above alluded to, had been a matter of difcretion, I appeal to you, Gentlemen, whether the directions of the court, in the cafe of Rudyard, would not have been a reasonable apology for referring it to the more properer jurifdiction?

But if, as I am bound to believe, it was not a matter of difcretion, the court were undoubtedly under an obligation to determine it; and in determining it, I am fully perfuaded that they had nothing in view but truth and justice; for it is impoffible to conceive any circumstances in the cafe, which could give a bias to the opinion of the court.

Judges indeed have formerly been accused, and not without reason, of aflifting to draw the reins of government too tight; but there is no precedent, where they ever have concurred, nor is it probable that they ever will concur, in effecting a total relaxation of all civil difcipline.

Nevertheless it may be poflible to fuppose a crifis, wherein an ill-grounded refentment, or mistaken gratitude, may give fuch a bias to a judge's mind, as may influence him to an act in oppofition to the: found principles of his profession, and the real intereft of his king and country.

Suppofe, for the sake of illustration only, that the nation fhould at any time hereafter be under the guidance of a bold declamatory, rafh, and ambitious dema❤ gogue; and that he fhould conceive a partiality for a lawyer, of fomewhat congenial talents, florid, lively, prefuming and enterprifing.-What if he fhould lead this favourite by the hand, till he advanced him to the highest honour an advocate can attain?-and that the demagogue thould afterwards, in a fit of difguft, fuddenly abandon the administra tion?-What if his fucceffors, unable to draw with one whofe bias to his patron would probably incline him to obstruct their measures, fhould oblige the favou rite to quit his active and honourable employ as an advocate, and force greatness upon him in a more exalted and inactive station? Suppofe him advanced to one Mm a

af

TH

Obfervations on fome of the difeafes of the parts of the human body. Chiefly taken from the diffections of morbid bodies. By Samuel Cloffy, M. D. 8°. 3 s. Kearfly. His juvenile phyfician, as his ftyle befpeaks him, fets out with a preface uncouthly metaphyfical, and replenished, to fuch a profufion, with the term ideas, as if the Doctor was intent on analyfing the foul, as well as diffecting the body. But we would not be understood to confound the matter of this book with the manner of it; our youthful author appearing to have been not a little affiduous in his anatomical difquifitions on morbid carcaffes; in the course of which he alfo e vinces his application to Hippocrates, Galen, and many other good medical writers, whom he frequently cites, or refers to. His notes and reflections on the appearances in diffected bodies, are eften pertinent and rational; and, particularly, thofe on the generation of a flone in the human system, and his treattment of nephritic diforders, are very fenfible, and manifeft his attention to this fubject; which was very natural, from his being himself subject to diseases of the urinary organs.

Whenever a young phyfician emerges from graduation, how fhall he announce himself, as the French term it? He has, no flop, and cuftom precludes him from exhibiting his name over his door. Yet as it is reciprocally neceffary, that the purchafers of health fhould hear of its venders, a book, with its repeated advertifements, becomes indifpenfable; and many may find it more eafy to circulate a book, as a fign, than to publish themelves by the chariot. To encourage the former of thefe expedients, which will never hurt the Reviewers, nor any fuch candidate as can exhibit a promifing evidence of his qualifications, and a probability of his farther improvement, we chufe to tranfcribe the following uncommon cafe, (which concludes with a good practical obfervation), and Dr Cloffy's reflections on it, (without the leaft remark of our own), as a fpecimen of his medical abilities.

"Iliac paffion by involution. In Auguft 1752, came to Stevens's, a failor from Yarmouth, a little man, a bout twenty-five years old. He had intolerable pains in the lower belly, which began fix weeks before, and continuing for fome hours, then intermitted. At

thefe intervals of pain he returned to feed as at other times; but when the inteftine began to fill, the food stopped in its paffage below the navel, and then the torment commenced, and perfifted, till, by the affiftance of very stimulating clyfters, fome ftools were promoted, and thus he was easier. But those means were at

length ineffectual, fo the intermiflions be ing lefs, the pain became almost continual, and in a violent exacerbation one morning he died, being two months after his arrival at the hofpital.

three or four inches of the ilium, were The cæcum with its appendicle, and forced up into the colon, and adhered thereto; and the colon, rent from its adherence to the mefentery, lay down in the pelvis.

Now a little before the commencement of these pains, this miferable man had ly, for a virulent gonorrhoea, which taken very strong cathartic pills repeatedwrought him almoft incessantly.

REFLECTION.

the involution of one part of the intestine So then an iliac paffion may arise from into another; from its inflammation and of the inteftine endeavouring to defcend; adherence, which obftruct the contents and from the violent and painful luctus. between the intestine and obstacle; and this fort of iliac patlion is indicated by the ftoppage of the food at a certain place, of which this unhappy man was perfectly fenfible.

the inteftines, as well by obstruction of It appears too, that pain will arise in its cavity, as from fluxions on, or obftructions in, the veffels of the membranes, or fpafms by affections of their

nerves.

Nor is it diffonant to reason to conclude, these effects took origin from the violent motions of the intestines raised by the pills; for, by the strong actions of exerted in inteftinal excretions, combithe diaphragm and mufcles of the belly ned with the motions of the intestines from the fame caufe, that fuch an effect may arife, is not very difficult to conceive, to one who confiders the ftrength of these motions, and compares them with the experiments of the celebrated Haller, who, by irritation, has made introfufceptions in the intestines of creatures at pleafure, which introfufceptions however, by a series of experiments of the fame author, will not produce the iliac paflion

without

without the inflammation and adherence for chufing to adorn, with his poetical of their membranes.

And thus, exclufive of the confequences of humoral hernias, fwellings of the tefticles, and too sudden stoppage of the flux from the urethra, which are known frequently to follow the repetition of ftrong cathartic pills of aloe, fcammony, and coloquintida, in treating a virulent gonorrhoea, we reafonably reduced a poffible conSequence, worse than the precedent." M. Providence: An allegorical poem. In three books. By John Ogilvie, M. A. 4o. 8 s. fewed. Burnet.

To enlarge the bounds of human knowledge, to embellifh and illustrate moral and philofophical truths, and to increase the influence of Virtue, by adding to her charms, is the peculiar province of Genius. Poffibly this was the original purpose of the Supreme Wisdom, in creating throughout the human world, such a ftriking difference of intellectual powers. Had it not been for fome fuperior, and, as it were, heaven-illumined minds, the firft lights of knowledge would never have been kindled. The human understanding is not, in general, formed for great conceptions, or abstracted attention: nor is it neceflary that it fhould; for the wants of the body are much more importunate than those of the mind, and many must be employed in supplying the first, while a few may be fufficient to cultivate the Jaft. But as the body has its artificial wants, fo likewife has the mind; and as the appetite which riots on abundance must be gratified by delicacies and variety, fo the profufion of intellectual supplies has rendered it neceffary to convey inftruction through the medium of pleasure. Hence it is, that in a luxuriance of literature, writers of vigorous imagination will always fucceed the beft.-We have, indeed, known instances where the mere force of unadorned truths and folid arguments have acquired the authors of fuch works confiderable popularity; the celeBrated Clarke was a mere reafoning en gine, and totally deftitute of every spark of imagination: but abstracted and metaphyfical inquiries were much more the tafle of his time than of the prefent; and we are very fenfible, that elaborate and philofophical truths, have now need of all the graces of in agination to render them acceptable to the public.

Upon this principle Mr Ogilvie merits our approbation and acknowledgments,

powers, a subject which is, furely, of the greatest and most univerfal importance. It is in the belief of this doctrine of Providence alone, that human mifery has its furest refuge; and to establish this doc. trine more firmly, to animate hope by the concurrence of reason, and to en courage faith by the evidence of knowledge, is to labour very effectually in the fervice, and for the happiness, of mankind.

The poem before us is divided into three books; of which the author has gi ven the following analysis in his introduc

tion.

"The fubject of this work, compre henfive as it is, may not improperly be comprised under the three following heads. When we contemplate the Supreme Being as the creator and go vernor of the universe, we either confi der him as having difpofed the Works of Nature in their present situation, and as regulating their various revolutions; or we behold him conferring the most extenfive benefit on mankind, by favouring them with a Revelation of his will; or we fee him conducting the complicated detail of Human Life, to effectuate fome great and neceffary purpose. In each of these views, however, as fome objects will occur, which ought at once to excite our admiration and our gratitude; so others will present themselves, which fuggeft doubts that require to be ascertained by a connected procefs of juft oblervation, Thus the works of nature, while they dif play the omnipotence of the Deity, exhi bit fuch indications of feeming evil, as lead us to challenge, upon a fuperficial review, his wifdom and his juftice. We plainly perceive, indeed, that the productions of the earth are fuited to the ne ceflities of the inhabitants, for whose be nefit it appears to have been created: We fee it glowing in many places with the most attractive beauty, and crowned almost every where with verdure and variety; we obferve the rotation of seasons regularly carried on in uniform and invariable harmony. But when these marke of defign induce us to form a favourable conclufion, with regard to the fuperintendency of Providence; -whirlwinds, ftorms, volcanos, earthquakes;-whatever, in fhort, of this kind we have been accustomed to confider as productive of evil, reclaims loudly against this decifion, and leads us to call in queftion, if not to

depy