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136

On the Kifs, as a fignificative Salutation.

of chastity, and of this the white doves
in her car were an emblem, The wor-
fhip of that goddess was held profaned,
by lightly and indifcriminately giving a
kifs of love, it being the fymbol of con-
jugal fidelity. Accordingly, Valerius
Maximus has many inftances of fevere
punishments inflicted on the violation
of that law. The Romans were not
ignorant that freedom in kifling* often
produced the most infamous exceffes;
and they carefully cultivated in young
perfons an exalted and pleasurable idea
of conjugal love, as it was to conftitute
both their own private welfare and the
happiness of the state.

I am, however, very far from carry-
ing my admiration of thofe manners
and principles, fo far as to think, with
fome civilians, that kiffing on the
mouth fhould be accounted and pu-
nished as adultery.

Alciat + tells us, that fuch an opinion has been formally efpoufed by feveral Italian lawyers; and had the national jealoufy given that imputation the force of a law, it would not have been at all ftrange, as from this fource unqueftionably flowed that pofition, which likewife has not wanted ftrenuous champions, that any kifs is a mortal fin. Some feudifts make it felony in a vaffal to kifs his lord's wife: this is the interpretation which Italians put on laws written by Italians, but the text runs : Si turpiter cum eâ luferit, words which will admit of quite a different fense.

However it be, the polite parts of Europe have, feveral ages fince, abolifhed a jurifprudence incompatible with that galantry which is the capital characteristic of our age, and very oppofite to Greek and Roman aufterity.

SIR,

To the Editor of the OXFORD MAGAZINE.

(With a Copper-Plate annexed)

jects; and if all the members of the club, that had not been guilty of as great crimes as the worthy Lord-Mayor and Alderman, were to be expelled, they would have but a very thin house for the future.

I AM forry to find, that the Lord- and ff all tout very proper the
worthy gentlemen, as the Lord-
Mayor and Mr. Alderman Oliver,
fhould be committed to the Tower, and
for what? Why only because they have
done their duty as magiftrates of the
city of London, and acted agreeably to
their Oath. Strange times indeed,
when men are to receive punishment
for doing what juftice and their oaths
oblige them to. Had a certain fociety
of gentlemen been determined to com-
mit fome of their members, they need
not have given themselves much trou-

I am, Sir,

Your obedient,

humble fervant,

S. L.

* Ofcula qui fumpfit, fi non et cætera fumpfit,
Hæc quoque que data funt perdere dignus erat.

OVID.

† A very eminent lawyer of Milan, died in 1550, highly commended by M.

de Thou, for his progrefs in clearing the law from barbarifm.

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The Lord Mayor and Alderman Oliver in the Tower.

For the OXFORD MAGAZINE.

An EXTRACT from the 5th Volume of Mrs. MACAULAY'S HISTORY OF ENGLAND, juft published,

Macaulay, as

that killing a public offender, who had

THE merit of Mrs. Macil known fet himself above the reach of law and

an

to need any critical difcuffion from us. All that is neceffary to be faid is, that the difcovers in this volume the fame ardent love of liberty, and the fame rooted averfion to every fpecies of government but the Republican, which diftinguith her former publications. One obvious Advantage to be derived from reading her works, is, that we gain new lights; as the places moft events and characters in a point of view different from that in which they are exhibited by other hiftorians. That fhe is always right in her novel doctrines would be faying too much; but to fay that the contrast between her and other hiftorians affords more inftruction than if fhe had fervilely followed the track which they had marked out, and uniformly trod, is only giving her the praife which is due. As it is known that there are fome men among us, who would introduce an abfolute monarchy, we will, for the prefent, content ourselves with giving the following extract, which will convey to their minds a true idea of the happiness attending defpotifin in this country.

THE Republicans, though they regarded with horror the views and principles of the Royalifts, yet they continually denounced vengeance on Cromwell, as the great betrayer of the public caufe. The fifth-monarchy-men, headed by Harrifon, Lawfon, Okey, Rich, Danvers, &c. were eternally entering into cabals with the army to dethrone him; and the Ufurper was fo diffident of the affections even of the military appointed to fecure his person, that, immediately before the diffolution of the parliament, himself took the infpection of the watch at Whitehall.

With the perpetual fear that the general odium against his government would incline ail parties to lay afide their particular animofities, and unite in the deftruction of his authority, Cromwell apprehended the lofs of life by private affaffination. The doctrine, VOL. VI.

juftice, was not a finful, but meritorious act, was broached in pamphlets, and received with applaufe. It was by accident alone, that one Sindercome, a bold and refolute adventurer, was prevented from putting the doctrine into practice. Cromwell was reserved for the lafh of more poignant and more lengthened fufferings. His confcience began to grow uneafy under the load of its offences. The hurry of business and attention to fublunary matters, had confiderably abated his religious enthufiaim. The certainty of divine favour and predilection, on which, in the beginning of his career, he had highly prefumed, gave way to doubts and apprehenfions: nor could the opinion, that the elect can never fall from grace, or fuffer final reprobation, reconcile his former hopes with the recollection of a conduct which had fet at defiance every religious and moral rule. The thoughts of death, with all thofe terrors with which they haunt the fuperftitious and the wicked, were ever prefent to his frightened imagination, and betrayed in his actions, countenance, and gefture, the horrors which had taken poffeffion of his foul. The fight of a franger threw him into viable confufion; of accefs he became difficult; he flept but a few nights together in the fame chamber; never firred abroad without the attendance of trong guards; never returned home by the fame road; wore a thick coat of mail under his cloaths; and carried continually about him a fword, piftols, and other offenfive weapons.

The conftitution of the Ufurper, tho' naturally robuft, began to fink under the weight of that load of business, care, and anxiety, which had for fome time fo heavily oppreffed his mind. A flow fever, the ufual confequent of grief and vexation, gradually rofe to an height which alarmed the attendant phyficians. The hopes of their patient were buoyed up with the frenzy or Battery of his chaplains. In a fit of enthufiafin,

S

138
Enthufiafm, which returned with the
unnatural heat of his blood, he afferted
that he was well affured of his recovery;
it was promifed, he faid, by the Lord,
not only to his fupplications, but to
thofe of men who held a stricter com-
merce and more intimate correfpon-
dence with him.

Extract from Kalm's Travels into North America.

But whilft the court preachers were offering up thanksgiving to God for the undoubted pledges they had received of their patron's returning health, the fymptoms of his diforder began every moment to wear a more mortal afpect. The council, alarmed by the report of his phyficians, fent a deputation to know his will with regard to his

fucceffor. The agonies of death were now upon him; his fenfes were gone; a fimple affirmative, that his eldett fon Richard fhould fucceed, was with difficulty extorted from him the evening before his deceafe, an event which happened on the third of September; that day on which Fortune had been twice propitious to him in the fields of Dunbar and Worcester, and now compleated her favours, in faving him the difgrace and punishment he deferved, by putting an end to his existence at a period when all his arts had failed him, and when he could not in all probability have prolonged his ufurpation many months.

An EXTRACT from KALM's TRAVELS into North-America.

PRO

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ROFESSOR KALM, the author of three volumes of Travels, feems to have been very well qualified for the task allotted him by his country. Having b en deputed by the Swedish academy of fciences, and by the university of Abo, into North America, in order to select, and bring home, fuch plants and other natural productions, as he fhould judge moft likely to thrive in Sweden, and to improve its agriculture, he executed his commiffion with equal industry, fidelity and knowledge. Thefe volumes will be lafting monuments of his affiduity and skill. Though he has chiefly confined himself to natural hiftory, yet the reader will find that he has made many judicious obfervations on the laws, the religion and government of our colonies in North America. As an inftance of the entertainment which is to be derived from his account of natural productions, we shall give the following:

A SPECIES of Rhus, which was frequent in the marshes here, was called the Poison Tree by both English and Swedes. Some of the former gave it the name of Swampfumach, and my countrymen gave it the fame naine. Dr. Linnæus in his botanical works calls it Rhus Vernix. Sp. p. 1. 380. Flora Virgin. 45. An incifion being made into the tree, a whitish yellow juice, which has a naufeous fmell, comes out between the bark and the

wood. This tree is not known for its good qualities, but greatly fo for the effects of its poifon, which, though it is noxious to fome people, does not in the leaft affect others.-And therefore one perfon can handle the tree as he pleafes, cut it, peel off its bark, rub it, or the wood upon his hands, fmell at it, fpread the juice upon his fkin, and make more experiments, with no inconvenience to himfelf; another perfon on the contrary dares not meddle with the tree while its wood is fresh, nor can he venture to touch a hand which has handled it, nor even to expofe himself to the fmoak of a fire which is made with this wood, without foon feeling its bad effects; for the face, the hands, and frequently the whole body, fwells exceffively, and is affected with a very acute pain.

Sometimes bladders or blifters arife in great plenty, and make the fickly perfon look as if he was infected by a leprofy. In fome people the external thin kin, or cuticle, peels off in a few days, as is the cafe when a perfon has fcalded or burnt any part of his body. Nay the nature of fome perfons will not even allow them to approach the place where the tree grows, or to expofe themfelves to the wind, when it carries the effluvia or exhalations of this tree with it, without let. ting them feel the inconvenience of the fwelling, which I have juft now defcribed. Their eyes are fometimes shut up for one, two, or more days to

gether,

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