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120
Weekly Essays in MARCH, 1731.
No. III.

tented spirit born with them; a joyousness or glee of soul, which shews them every thing in gay and good-humour'd lights; disposes them to be pleased with every thing, and accompanies them equally at all times, and under all circumstances. Sorrow scarce knows the way to their hearts, they are rarely much affected, unless by some great and uncommon stroke of adverfity. A man of this cast sits down free from every care, while the wealthy, the powerful, the wise and virtuous feel pangs from a thousand causes that never touch them. It is this genial temper of soul, he imagines, that seems to bid fairest for happines. To this he adds the happiness which noble minds enjoy, the power of communicating it to others, or the ability of doing stood.

Concludes, there is no such thing in nature as absolute happiness; and that 'tis impossible to conceive rightly about it, or to form a definition of it consistent with Humanity. Men, for the most part, are happy only comparatively, or in respect of the unhappiness of their fellow-creatures. The content or happiness which some have plac'd in a retirement from the cares and tumults of the world, he calls a life of insipidity and void of sensation, and is at best a meer freedom from pain. To be happy, therefore, is to possess as much of the benefits of life, as persons of our rank ordinarily do, and to be as free from the evils and torments of it: All beyond this is a picture of our own creation, and a gay illusive idea.


The Daily Post, Tuesday March 30.

A Letter in answer to one in the Daily Courant, (See p. 98. No. III.)

REmarks that the position advanced by the latter, namely, that the records of the present and past ages will become obsolete by the introduction of a new language and character into the proceedings of the law, is wrong, because practisers must for a long time have recourse thereto, and therefore will be obliged to acquaint themselves with the old language and character.

Another difficulty started by the writer of the Courant, is, the fluctuation of our language, whereby it may become unintelligible to posterity, as Chaucer and Gower are now. To this it's reply'd, That before the Reformation the statutes were in Latin and French, but ever since in English; and the most important acts, relating to our liberties and constitution, are all enacted in our own language; and surely we may commit the proceedings of our courts, and the decisions of private property to our own mother tongue. Neither is it just or compatible with the freedom of a polite and brave people, that their judicial process should be enter'd up in an unknown tongue, and influenced by chicanery and artifice,

What was advanced (p.98.) in the Courant in favour of special pleadings, our author makes an argument for their abolition, namely, that if special pleadings were removed, there would be more Trials, and the righteousness of every man's claim enquired into.

To the objection in regard to the number of Attornies; and that the publick was nor concern'd therein, our author says, that the publick has a right to enquire into every thing, when and as often as it judges necessary.

For these reasons he thinks, that reforming the Profession, and carrying on the proceedings of the law in our own language, is a useful and necessary work; and that whatever reign and administration shall com-compleat so noble a design, they will receive the unanimous thanks and applause of their own age, and be remembered with honour by their posterity. (See the Act for Englishing Law Proceedings, p. 213.)

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