and if they are well advised, always will find a verdict conformable to fuch direction. If A. voluntarily and knowingly intendeth hurt to the perfon of a man, tho' he intend not death, yet if death enfueth, it will doubtlefs be no excufe that he did not intend all the mifchief that followed; as if he intended to beat B. but not to kill him, and death happens, it will be murder; for what he did was malum in fe, and he must be anfwerable for the confequences of it: he certainly beat him with an intention of doing him fome bodily harm; he had no other intent, he could have no other; he is therefore anfwerable for all the harm he did. From confidering the prifoner's cafe on the above principles, 1 am clearly of opinion, that he ought to have been found guilty of murder, or at least a special verdict fhould have been found; for I am extremely well fatisfied that had the court been advifed with on the queftion, whether, in point of law, the prifoner was guilty of murder, provided there was no doubt of the truth of the facts given in evidence, that they would have declared the prifoner guilty; and told the jury befides, that if they were not fatisfied as to law, that it was their duty to find a fpecial verdict; becaufe a fpecial verdict hath been found on a fimilar occafion, in a case so recent as to be well known, I dare fay, to every lawyer in the kingdom; I mean major Oneby's cafe, which I would advise the learned to look into, for the limits of a Magazine will not allow me to ftate many particulars therein, moft applicable to the cafe in queftion; however, I may be able to fatisfy the generality of the profeffion, tho' the extract from it be very Brief. Major Oneby was indicted at the Old Bailey for the murder of W. Gower in a duel; there was a special verdict, in which many facts were very minutely ftated, especially the following expreffion of the prifoner to the deceafed, on his offering to think no more of the quarrel, which the major refufed, adding, "Damn you, I will have your blood,” all the twelve judges of England were of opinion, that this declaration of the prifoner was exprefs malice; if fo, was not the prifoner's declaration in the cafe in queftion, when he was informed of the death of the deceased, viz. "Damn bis eyes, I fhould not have fought, unlefs I had thought of killing of him "Was not this declaration, I fay, equally expreffive of his malicious intent? But I may be answered, that Oneby's declaration was previous to the duel, whereas Knight's was after the boxing match; it is very true, but tho' it was a fubfequent declaration, it was a declaration of previous malice. As there cannot be a greater nuisance, in my opinion, in a well-regulated police, than the inhuman practice of men fighting and boxing in the street, the confequences being always dreadful and fhocking, and oftentimes fatal, particularly to the pregnant part of the fair fex, I hope I have confidered the legality of the above acquittal, without offence to those who may differ from me in judgment; as I have fubmitted my reafons candidly to the reader, I truft he will as candidly confider their force and tendency, in fupporting what I have advanced, on this very important subject. The Manner of a Nun's lying in State. THE folding-doors are thrown open, and the curtain undrawn, that fpectators, who flock to the convent in crowds, may have an opportunity of feeing the corpfe. Upon thefe occafions the church is hung with black, as well as the altar, the candles that are placed upon it are of a dark brown colour, and yield but a small glimmering light, which may be properly confidered as no light, but rather darkness vifible, which, to ufe an expreffion. of Milton, Serves only to difcover fights of woe. The corpfe is laid in a white deal coffin, covered over with the cloth, of which mention has been made in the defcription of the caremonies obferved at taking the black veil, and it is drefled in the religious habit fhe wore when living. As he lies, he holds in her hand her vows, crucifix, and beads, and, from her attitude, one would think that the contemplated them with the utmoft ardour of devotion. Her hands are tied at the wrifts, and placed upon her breast, with the fingers erected, as if her mind was engaged in earnest prayer between her fore-fingers and thumbs are her vows, behind them her crucifix, and round her wrift her beads, with the parts to which the crofs is fixed hanging downwards. All these things are buried with her. She is even interred in her religious habit, nor is any thing taken away, except a pillow, which was laid under her head, in order to elevate the body, that the fpectators might have a greater facility in feeing it and the black cloth, or pall. Every thing elfe is buried with the corpfe. If afterwards, upon opening the grave, her vows, crucifix, beads, or any part of her habit, should happen to be dug up, particular care is taken to bury them again; and it would be looked upon as a fin equal to facrilege, to keep, or even to leave, them above ground. The coffin is placed in the middle of the choir, on what is called a horfe in England, and on each fide ftand three wax candles, of the fame colour as thofe in the church. All the nuns of the convent are ranged round the choir, in order to fee the deceased nus in |