sky, The flocks defponding o'er the meadows hie, Subjects who dare mild government revile J. S. after fome other incidental converfation, "I would have thee," faid the caliph, teach me a prefcription, by which I may take off any enemy 1 please, and yet at the fame time fhould never be difcovered." Homain declining to give an anfwer, and pleading ignorance, was imprisoned. Being brought again, after a year's interval, into the caliph's prefence, and ftill perfifting in his ignorance, though threatened with, death, the caliph fmiled upon him, and faid, "Be of good cheer, we were only willing to try thee, that we might have the greater confidence in thee." gilded horns, and fung fongs when they SPECIMENS of ANCIENT Luxury. HE opulence of the inonks, as well as the number of them, in the times of Henry the fecond, who began his reign 1154, was enormous; and the luxury, in which men profeffing poverty, lived, was fcandalous and offenfive to the common fense of mankind. The table, which was kept by the monks of Canterbury, confifted regularly of fixteen covers, or more, of moft coftly dainties. These were dreffed with the most exquifite cookery to provoke the appetite and please the taste. We are alfo told of an exceffive abundance of wine, particularly claret; of mulberry-wine, mead, and of other ftrong liquors, the variety of which was fo great in these repafts, that no place could be found for ale though the best (fays Giraldus Cambrenfis was made in England, and particularly in Kent.-There is likewife an account, in the fame author, that the prior and monks of St. Swithin, at Winchefter, threw themfelves proftrate at the feet of Henry II. and having adopted the fashions of the Romans, On the prefent important affairs to de In the time of Henry the fecond it appears, that the whole gentry of England, the bishop of that diocefe, to whom they fortunes could bear. The men alfo were Fitzftephen tells us, that one day there was ferved up to Becket, during his embaffy in France, a fingle difh of eels, which coft five pounds fterling. He adds, that it was talked of all over the country; and well it might. Twenty fhillings in thofe days containing in them as much filver as fixty in thefe, or little lefs, if we eftimate filver at only five times the prefent value, as much was paid for this fingle difh of eels, as if we now bought one for feventy-five pounds fterling or thereabouts. But fuch account exceeds all belief. In what manner the laity feasted in those days, John of Salisbury has given us a fhort defcription. He fays the houses on fuch occafions were ftrewed with flowers, An ARABIAN ANECDOTE.. A bate; In the midft of them all the Convention was laid, Which orderly Sandys defir'd might be read. cries, Would the gentleman truft to his fenfes or eyes? My maxim (no bad one) fir, always has been unfeen. By this rule we hope to inflame the whole ficia caliph Mottawakel had a phy-The crisis is come, and to all people known, and the jovial company drank wine out of a Chriftian, named Homain.. One day, For the COUNTY MAGAZINE. Some Obfervations on the prefent Situation of our Commons, Forefts, Waftes, Chafes, c. and the Public Utility which the Cultivation of them would be productive of, demonftrated. I&ou for fie uncutivated, and confeF forefts, chafes, waftes, commons, government or to the community, were quently are of little or no benefit to the inclosed and leafed out, in fmall farms, and at a very moderate rent, to honest and deferving, though poor families, the neceffaries of life would be much cheaper, and population would be * increased. Walter Mapes, who was a judicious writer in the 11th century, has tranfmitted to pofterity a juft cenfure upon the conduct of William the Conqueror, who deftroyed fo many towns, villages and churches, turning the poor inhabitants adrift, and converting the country, for more than 30 miles in circumference, into what is now called New Foreft. He took away much land from God and man, and converted it to the ufe of wild beafts and the fport of his dogs, by which he demolished 36 mother churches, and drove away the poor inhabitants.' Templa adimit divis, fora civibus, arva colonis. We live in a more enlightened age, but yet not without many remains of ancient barbarifm and ferocity. Will not the faith of pofterity be blended with fome degrees of doubt, concerning the improvements, of which we boaft in the arts and sciences, when they read in Dr. Davenant, who wrote about 80 years ago, that out of 40,000,000 of acres of land, at which he laid the whole kingdom, our forefts, chafes, heaths, highways, commons, and waste of grounds, ftill confifted of 16,000,000 of acres? If we fuppofe the highways and lands fince inclofed to make up half that number of acres, there ftill remain 8,000,000 of acres in a wild uncultivated state. of them with travelling expences and the means of subfiftence. He formed a new ftate, he created a new power. Europe has felt the weight of it. Who would not profit from this example? it would amazingly increafe the finances, the value of lands, circulation and public credit. What Frederic did in his European provinces, the English have the advantages done in many refulting from them to Britain are very important. 6 But it seems very ftrange to confider 'the peopling and cultivation of our colonies, as a national concern, and at the fame time, to permit large forefts, commons and open fields, in the mother country, to remain in pretty much the fame condition, as when agriculture and commerce were not half fo well understood, or of half the confequence they are 'at prefent, &c.'. To divide the 8,000,000 of acres which has been mentioned, into fmall farms, of the public. 40 acres, would be of incredible utility to married people, who have deferved well, They fhould be leafed to industrious by their fervitude and fobriety, not at more than 3s. an acre, befides the payment of 41. per cent. by way of intereft, for the money laid out in building and keeping in repair their refpective houfes. This diftribution of lands that lie neglected, would produce an amazing change in the conduct of the common people, and be a means of furnishing us with provifions in greater plenty, and upon cheaper terms, to fay nothing of the rents, which would amount to amazing fums annually. This would create and cherish a spirit of industry, and render them a diffufive bleffing to fociety. By the industry of the occupiers, these little farms would be comfortable, ufeful places, and as defirable nurferies for both people and ftock, for labour and plenty, as man's heart can with. SIR, Frederic William, the fecond king of Pruffia, formed a project of this kind, and To the Editor of the COUNTY MAGAZINE. had the happiness to put it in execution. His country was a vaft defert. He laid out only twelve millions of florins in culti-appened to pick up the other day the vating the land, building villages, and worthy of a place in your Magazine, pleafe enclosed; if you think the fubject of it peopling them. He brought families from to infert it. Suabia and Franconia: thither he drew emigrants from Saltsburgh; furnished all I am yours, &c. An English Conftitutional Crown Lawyer. Gentlemen of the Jury, THE prifoner at the bar ftands indicted for fetting an houfe on fire: I know it has been the opinion of the ableft lawyers in this country, that it is the province of a judge only to fum up the evidence to you without making any remarks or obferva tions upon it, but I fhall prefume to act contrary to fuch practice upon the prefent occafion; and in confequence of fuch prefumption fhall not fum up the evidence to you in the ufual manner, but comment on fuch part of it as tends to establish my obfervations, or fuch as I think may enable you to form fuch a judgment of the cafe of the prifoner at the bar, as may caufe you to bring in a fair, honest, and just verdict: And I cannot but contend, that the notion fo univerfally adopted by the bench, in order to prevent any evidence tending to the innocence or guilt of the prifoner being fuppreffed, at the direction of the judge, founds very well in theory, but is extremely dangerous in practice, in respect to the fafety of the prifoner; because there are, in every cafe, peculiar circumftances, applicable to the prisoner at the bar, which feem neceffary to be explained and enlarged upon by the judge to the jury; and the maxim," that the judge is always to be of counsel for the prifoner," fully authorifes this part of my charge to you; therefore, in my laft mentioned capacity, viz. as counfel for the prifoner, I will proceed to if the evidence amounts to a pofitive proof of The prifoner at the bar fays he is not and then pafs fuch verdict as your confcience, your oath, your humanity, your duty, and your juftice, fuggeft to you, as proper against the unhappy infant prifoner at the bar. But, gentlemen, I cannot conclude this my charge to you, without pointing out to you the very ill confequences of finding the prifoner guilty, and then recommending him to the Royal mercy; because your verdict of conviction will be fuch an indelible ftigma to him, and fuch a lafting imputation on his character, that I confefs to you, that I fhould have very little fcruple in declaring to you, upon being asked the queftion, whether I thought the execution of your fentence, or his Majefty's gracious compliance with your recommendation, would be the greatest act of justice. I fay, I fhould have very little hesitation indeed, if any at all, to answer in affirmation, and in favour of the execution of your verdict of condemnation. ANECDOTE of an honest STOCK BROKER. OME time fince a countryman, hav make you acquainted with thofe circum- circumftances require (if I may fay fo) aging a legacy left him, was advised by ftances, which in my humble opinion ought to have great weight with you in paffing on the prifoner, who now ftands at the bar of this court, waiting your determination, whether he fhall be permitted to live thofe number of years, which his extreme youth entitles him to expect, according to the common courfe of nature, or whether he fhall be dragged ignominioufly to the fatal tree, and there fuffer a death too affecting to be further defcribed. If the prifoner is guilty, your verdict cannot too foon exterminate fuch a wretch from the face of the earth; and, if innocent, you cannot too foon proclaim to the world your verdict of acquittal. I obferved, gentlemen, in the outfet of my charge to you, that there were many circumftances in the prifoner's cafe, which, in my humble opinion, deferve, nay demand your moft ferious confideration. But, gentlemen, I take leave in this early part of the bufinefs to tell you, that whatever I fay on the prefent occafion, I fpeak it with great deference, I mean but as information, not as a direction to you, what to do, or what you ought to do, unless you are with me in opinion; for, if you think my inferences are not fairly drawn, or the premises or evidence not fairly stated, you will be pleased to correct them and me by your verdict ; for I hold that to be your duty. But i am further to obferve you, that another notion, very injurious to prifoners, has been adopted among you, and that too from a very early period of time, which is, that you are to give your verdict, and make your delivery, according to the evidence; this has been conftrued to mean, that you are to condemn the prifoner, No. IV. VOL. I. SOM an acquaintance to get into the stockjobbing bufinefs, afluring him, that large fortunes had been made in that line. The countryman being ftruck with the thought of increafing his fortune, defired his friend to recommend him to fome perfon acquainted with the public funds; accordingly Mr. L was named. The countryman, in a few days, repaired to town, and on enquiry at the Bank, was introduced to the honeft Broker; when, after telling him his tale, Mr. L-afked the fum he was in poffeffion of. The Countryman replied, gravating evidence, that is to fay, fuch evi- A prifoner is not to be convicted on circumftantial evidence only, be it ever fo ftrong; that in cafe the evidence be only circunftantial, the prisoner's good charac ter entitles him to an acquittal; and that "These uncontrovertible rules are founded on another as undeniable, viz. That it is better that ninety-nine guilty perfons be acquitted, than that one innocent individual be condemned."-In the recollection of the above dogmas of the law of England, I wish you to confider the cafe of the prifoner, and apply it to them, On the Profligacy and confequent Mifery of the Lower Claffes, and on the Means of Prevention. A Contemplative and benevolent man can scarcely look down for a moment on the lower walks of life without feeling his compaffion powerfully excited. On whatever fide he turns, he beholds human nature fadly degraded, and finking into the most deplorable wretchedness, in proportion as it recedes from its natural and its attainable perfection. Ye philofo matized with immortal infamy. That probably have done as thou haft, and fuf- phers, who exert your ingenuity to explore, with lefs attention than he had long been His defire of doing good was not leffen- R. Johnfon's defire to go abroad, parDicularly fee Italy, was great; and to he had a longing with too to leave fome La-ple after the health of their neareft relatin verfes at the Grand Chartreux. He tions, and fay in excufe, "That he loved indeed the very act of travelling, and knew they did not care: why fhould they I cannot tell how far one might have (fays he)? every one in this world has taken him in a carriage before he would as much as they can do in caring for have wifhed for refreshment. He was themselves, and few have leifure really to therefore in fome refpects an admirable think of their neighbours diftreffes, howcompanion on the road, as he piqued ever they may delight their tongues with himfelf upon feeling no inconvenience, talking of them." and on defpifing no accommodations. The natural depravity of mankind and On the other hand however, he expected remains of original fin were fo fixed in no one elfe to feel any, and felt exceed- Mr. Johnfon's opinion, that he was iningly inflamed with anger if any one deed a moft acute obferver of their effects; complained of the rain, the fun, or the and ufed to fay fometimes, half in jeft duft. "How (faid he) do other people half in carneft, that they were the rebear them?" As for general uneafinefs, mains of his old tutor Mandeville's inor complaints of long confinement in a ftructions. As a book however, he took carriage, he confidered all lamentations care always loudly to condemn the Fable on their account as proofs of an empty of the Bees, but not without adding, head, and a tongue defirous to talk with-"that it was the work of a thinking out materials of converfation. "A mill man." that goes without grift (faid he) is as good a companion as fuch creatures. I pitied a friend before him, who had a whining wife that found every thing painful to her, and nothing pleafing "He does not know that the whimpers (fays Johnton); when a door has creaked for a fortnight together, you may obferve -the mafter will fcarcely give fixpence to get it oiled." Mr. Johnfon made Goldsmith a comi- They had spent an evening with Eaton Of another lady, more infipid than of at some tavern; his heart was open, and fenfive, I once heard him fay, "She he began inviting away; told what he has fome foftness indeed, but fo has a pil- could do to make his college agreeable, pil-could low." And when one obferved in reply, and begged the vifit might not be delayed. that her husband's fidelity and attachment Goldsmith thanked him, and propofed were exemplary, notwithstanding this low account at which her perfections were rated-"Why Sir (cries the Doctor) being married to thofe fleepy-fouled women, is juft like playing at cards for nothing: no paffion is excited, and the time is filled I do not however envy a fellow one of thofe honey-fuckle wives for my part, as they are but creepers at beft, and commonly destroy the tree they so tenderly cling about.' For a lady of quality, fince dead, who received us at her husband's feat in Wales Johnfon, tired of the buftle, and defirous to think of fomething elfe, cried out at laft, "Why, what would it thou have, dear Doctor! who the plague is hurt with all this nonfenfe? and how is a man the worfe I wonder in his health, purfe, or character, for being called Holofernes?" I do not know (replies the other) how you may relifh being called Holofernes, but I do not like at leaft to play Goodman Dull. Dr. Johnfon was indeed famous for difregarding public abuse. When the people criticifed and anfwered his pamphlets, papers, &c. "Why now, these fellows are only advertising my book (he would fay); it is furely better a man fhould be abufed than forgotten." When Churchill nettled him however, it is certain he felt the fting, or that poet's works would hardly have been left out of the edition. Of that however I have no right to decide; the bookfellers perhaps did not put Churchill on their lift. I know Mr. Johnfon was exceedingly zealous to declare how very little he had to do with the felection. The natural roughness of his manner would, notwithstanding the regularity of his motions, burst through them all from time to time; and he once bade a very celebrated lady, who praised him with too much zeal perhaps, or perhaps too ftrong an emphafis (which always offended him) "confider what her flattery was worth before the choaked him with it." A few more winters paffed in the talking world fhewed him the value of that friend's commendations however; and he was very forry for the difgufting fpeech he made her. We were talking of Richardfon who wrote Clariffa: You think I love flattery (fays Dr. Johnson), and so I do; but a little too much always difgufts me: that fellow Richardson, on the contrary, could not be contented to fail quietly down the stream of reputation, without longing to taste the froth from every stroke of the oar." With regard to flight infults from newspaper abufe, I have already declared but as a fly ftings a horse; and the eagle his notions: "They fting one (fays he) will not catch flies." He once told me fetting out with Mr. Johnfon for Buck- however, that Cumyns the famous Qua inghamfhire in a fortnight; "Nay hold, ker, whofe friendship he valued very Dr. Minor (fays the other) I did not in-highly, fell a facrifice to their infults, vite you." having declared on his death-bed to Dr. Johnson, that the pain of an anonymous letter, written in fome of the common prints of the day, faftened on his heart, and threw him into a flow feyer of which Many fuch mortifications arofe in the courfe of their intimacy to be fure, but few more laughable than when the newfpapers had tacked them together as the pedant and his flatterer in Love's Labour loft. Dr. Goldfmith came to his friend, fretting and foaming, and vowing, vengeance against the printer, &c. till Mr. he died. When Garrick was on his laft fick-bed, no arguments, or recitals of fuch facts as I had heard, would perfuade Mr. Johnfon of his danger: he had prepoffeffed |