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in conversation, and therefore not to be used by the criminal to a man of the prosecutor's quality, who was likewise vested with a double title to the wall at the time of their conversation, both as it was the upper hand, and as it was a shelter from the weather. The evidence being very full and clear, the jury, without going out of the court, declared their opinion unanimously, by the mouth of their foreman, that the prosecutor was bound in honour to make the sun shine through the criminal,” or, as they afterwards explained themselves, “ to whip him through the lungs."
The Censor, knitting his brows into a frown, and looking very sternly upon the jury, after a little pause, gave them to know, “ that this court was erected for the finding out of penalties suitable to offences, and to restrain the outrages of private justice; and that he expected they should moderate their verdict.” The jury therefore retired, and being willing to comply with the advices of the Censor, after an hour's conversation, delivered their opinion as follows.
6 That, in consideration this was Peter Plumb's first offence, and that there did not appear any malice prepense in it, as also that he lived in good reputation among his neighbours, and that his taking the wall was only se defendendo, the prosecutor should let him escape with life, and content himself with the slitting of his nose, and the cutting off both his ears.” Mr. Bickerstaff, smiling upon the court, told them, “ that he thought the punishment, even under its present mitigation, too severe; and that such penalties might be of ill consequence in a trading nation.” He therefore pronounced sentence against the criminal in the following manner :
66 that his hut, which was the instrument of offence, should. be forfeited to the court; that the criminal should
go to the warehouse from whence he came, and thence, as occasion should require, proceed to the Exchange, or Garraway's coffee house, in what manner he pleased; but that neither he, nor any of the family of the Plumbs, should hereafter appear in the streets of London out of their coaches, that so the foot-way might be left open and undisturbed for their betters.”
Dathan, a pedling Jew, and T. R-, a Welshman, were indicted by the keeper of an alehouse in Westminster, for breaking the peace and two earthen mugs, in a dispute about the antiquity of their families, to the great detriment of the house, and dis, turbance of the whole neighbourhood. Dathan said for himself, “ that he was provoked to it by the Welshman, who pretended that the Welsh were an ancienter people than the Jews; whereas,” says he, “ I can shew by this genealogy in my hand, that I am the son of Mesheck, that was the son of Naboth, that was the son of Shalem, that was the son of
The Welshman here interrupted him, and told him, “ that he could produce shennalogy as well as himself;" for « that he was John ap Rice, ap Shenken, ap Shones.” He then turned himself to the Censor, and told him in the same broken accent, and with much warmth, “ that the Jew would needs uphold, that King Cadwallader was younger than Issachar.” Mr. Bickerstaff seemed
much inclined to give sentence against Dathan, as being a Jew; but finding reasons, by some expressions which the Welshman let fall in asserting the antiquity of his family, to suspect that the said Welshman was a Pre-Adamite, he suffered the jury to go out, without any previous admonition. After some time they returned, and gave their verdict, “ that it appearing the persons at the bar did neither of them wear a sword, and that consequently they had no right to quarrel upon a point of honour ; to prevent such frivolous appeals for the future, they should both of them be tossed in the same blanket, and there adjust the superiority as they could agree on it between themselves." The Censor confirmed the verdict.
Richard Newman was indicted by Major Punto, for having used the words, “perhaps it may be so," in a dispute with the said Major. The Major urged « that the word perhaps was questioning his veracity, and that it was an indirect manner of giving him the lie.” Richard Newman had nothing more to say for himself, than that “ he intended no such thing;" and threw himself upon the mercy of the court. The jury brought in their verdict special.
Mr. Bickerstaff stood up, and, after having cast his eyes over the whole assembly, hemmed thrice. He then acquainted them, “ that he had laid down a rule to himself, which he was resolved never to depart from, and which, as he conceived, would very much conduce to the shortening the business of the court: I mean,” says he, “ never to allow of the lie being given by construction, implication, or induction, but by the sole use of the word itself.” He then proceeded to show the great mischief that had arisen to the English nation from that pernicious monosyllable: that it had bred the most fatal quarrels between the dearest friends ; that it had frequently thinned the guards, and made great havock in the army ; that it had sometimes weakened the city trained bands ;' and, in a word, had destroyed many of the bravest men in the isle of Great-Britain. For the prevention of which evils for the future, he instructed the jury to present the word itself as a nuisance in the English tongue; and further promised them, that he would, upon such their preferment, publish an edict of the court, for the entire banishment and exclusion of it out of the discourses and conversation of all civil societies. This is a true copy,
CHARLES LILLIE. Monday next is set apart for the trial of several female causes.
N. B. The case of the hassock will come on between the hours of nine and ten.
N° 257. THURSDAY, NOVEMBER 30, 1710.
In nova fert animus mutatas dicere formas
Ovid. Met. i. 1.
Froul iny own Apartment, November 29. EVERY nation is distinguished by productions that are peculiar to it. Great Britain is particularly fruitful in religions, that shoot up and flourish in this climate more than in any other. We are so famous abroad for our great variety of sects and opinions, that an ingenious friend of mine, who is lately returned from his travels, assures me, there is a show at this time carried up and down in Germany, which represents all the religions in Great Britain in wax-work. Notwithstanding that the pliancy of the matter, in which the images are wrought, makes it capable of being moulded into all shapes and figures ; my friend tells me, that he did not think it possible for it to be twisted and tortured into so many screwed faces, and wry features, as appeared in several of the figures that composed the shew. I was indeed so pleased with 'the design of the German artist, that I begged my friend to give me an account of it in all its particulars, which he did after the following manner.
" I have often,” says he, “ been present at a show of elephants, camels, dromedaries, and other strange creatures, but I never saw so great an assembly of spectators as were met together at the opening of this great piece of wax-work.
We were all placed in a large hall, according to the price that we had paid for our seats. The curtain that hung before the show was made by a master of tapestry, who had woven it in the figure of a monstrous Hydra that had several heads, which brandished out their tongues, and seemed to hiss at each other. Some of these heads were large and entire ; and where
any of them had been lopped away, there sprouted up several in the room of them, insomuch, that for one head cut off
, a man might see ten, twenty, or an hundred, of a smaller size, creeping through the wound. In short, the whole picture was nothing but confusion and blood-shed. “ On a sudden,” says my friend, “ I was startled with a flourish of
many musical instruments that I had never heard before, which was followed by a short tune, if it might be so called, wholly made up of jars and discords. Among the rest, there was an organ, a bagpipe, a groaning board, a stentorophontic trumpet, with several wind instruments of a most disagreeable sound, which I