504 The HISTORY of the laft Seffion of Parliament. act, is to be adminiftered to him. The court, however, if required by a creditor, may fummon the perfon who acted as gaoler on the 29th of September, 1768, or fince, and examine him touch ing the commitment and continuance in cuftody of the prisoner; and the gaoler dilobeying the warrant, or order of the court, forfeits 1ool. with treble colls. Debtors, who were beyond the feas on the 29th of September, 1768, furrendering themfelves, may take the benefit of this act, upon the fame terms as other prifoners, excepting fuch particulars, wherein the cafes of both differ, but a particular oath, prefcribed by this act, is required for fugitives. Gaoler and printer of the Gazette, or other news paper, not complying with the regulations in this act, forfeit rool. to the prifoners, with treble costs of fuit. Gaoler, convicted of perjury, forfeits 500l. with full cofts of fuit; one moiety to go to the informer, and the other towards fatisfying the debts of the creditors. Clerk of the peace refufing the pri foner a copy of his difcharge, or taking exorbitant fees for the fame, or for af figning over the prifoner's eftate and effects, forfeits zol. to the prifoner, who, on his fide, convicted of perjury, fuffers as a felon. Perfons difcharged by this act are not Jiable to arrest for debis contracted before the 29th of September, 1768; and juftices, sheriffs, and gaolers, may plead this act to any action of escape, or fuit brought against them, and recover treble cofts. Perfons difcharged may plead generally to all actions or judgments brought against them before the 29th of September, 1768; and in other fuits may plead in difcharge of their perfons from execution. The plaintiff may reply generally, but, if nonfuited, is to pay treble cofts. Bankrupts, not obtaining their certificates in due time, are excluded the benefit of this act. Attornies, embezzling their clients money or effects, are alfo excluded the benefit of this act. Gaoler is to permit the fpeaking in private to prifoners, whofe names are inferted in the lift or Gazette, and the examining the original books of entries, Са on penalty of forty pounds, with costs of fuit. The prifoner's future estate and effects, notwithstanding his perfonal difcharge, are liable to creditors; wearing apparel, bedding, and working tools, not exceeding rol. value, excepted; and the creditor may fue for the recovery of debts due at the time of the prifoner's discharge, but not hold the prifoner to fpecial bail, nor take his perfon, wearing apparel, bedding or tools in judgment; and no advantage is to be taken of the cause of action not accruing within three years, nor of the ftatute of limitation, unless fuch caufe of action did not accrue within three years next before any fuch prifoner or fugitive fhall be discharged under this act. And, further, the dif charge of the prifoner is no acquittal to the copartner or fureties. Gaaler, making falfe entries in the prifon book or lifts, forfeits 500l. with treble cofts, over and above all other penalties for fuch fraud. Prifoner refuting to declare the abode of the perfon, at whofe fuit he is detained, or to come to the creditor in the lodge, is excluded the benefit of this act. Thofe who are prifoners for their fees, or other demands of the gaoler or offi. cer, are to be discharged. Debtors to the crown, and prifoners who owe above 1ocol. to one perfon, unless the creditors confent, are excluded the benefit of this act. A creditor, oppofing his prisoner's difcharge, is to allow him 3s. 6d. per week, and, on non payment, the prifoner is to be difcharged; and all dif charges are to be obtained by the ift of Auguft, 1771. Perfons feized of an eftate tail, claiming the benefit of this act, are to deliver up the fame to the creditors. Affignees may apply for further examination of the prifoner, touching the difcovery of his effects, and justices may fend for and examine the prifoner accordingly. The prifoner refusing to appear, or to answer upon oath, may be committed. Twenty per cent. is allowed on difcovering, within twelve months, any part of the prifoner's eftate not returned in the schedule; and a difcharge obtained fraudulently is void. Perfons concealing any eftate or effects of the prifoner, forfeit 100l. and double 1769. value, with treble cofts of fuit. Affignees, with confent of the majority in value of the creditors, may compound for debts due to the prifoner's eftate; nd may fubmit any difpute relating thereto to arbitration; or otherwife may fettle and agree the fame as they fhall think fit. Affignees may be petitioned against for infufficiency, fraud, mifmanagement, or other misbehaviour; and the court thereupon is to fummon the parties, and make fuch orders therein as they fhall think fit. Where mutual credit has been given, the balance is to be ftated and allowed. The Rife and Progrefs of the Polite Arts: Pifoners, for not paying money, awarded under fubmiffions to arbitration; for not paying costs; and upon writs of excommunicato capiendo; are intitled to the benefit of this act. Those who are prifoners upon procefs out of courts of confcience, are alfe to have the benefit of this act. This act is not to extend to the kingdom of Scotland." Quakers affirmation to be taken in lieu of an oath. Perfons who took the benefit of the act of 5 George III. are excluded. The full infertion of this act we have judged particularly neceffary at this period, while numbers are receiving the benefit of it; the remaining public bufinefs of the last feffion we fhall difcufs with all poffible expedition. We fay the public bufinefs, as private road bills, bills for the divifion of common, or the naturalization of foreigners (which are conftantly registered in our Chronology) would in this place afford but little entertainment or inftruction to the reader. [To be continued.] An Hiftorical Introduction to the Antiquities and Curiofities of Wilton-Houfe. MR. Kennedy, of Wilton-Houfe, having just published a valuable account of the curiofities in this elegant feat of the Pembroke family, we are af fured the following introduction will afford much fatisfaction to the lovers of science and antiquity. "The flow progrefs of the arts of fculpture and painting in England is derived from many caules; two particularly deferve attention, these were the existence of the feudal, policy for many ages, and our infula; vtuation. 505 Liberty, the aurfe of genius, was only to be found among the nobility, from the establishment of the Saxons to the reign of Henry VII. The lower claffes were in the most abject state of vaffalage; dependant both for life and fortune on the nod of fome haughty baron. The learning of those times was confined within very narrow limits; the poorer fort were totally ignorant of letters, and the highest attainments of the clergy were to be able to read their breviary, and the legendary lives of their faints. Thefe impediments refulting from our political conftitution were further augmented by our infular fituation, which excluded us from the advantages, which might have been expected from a free intercourse with continental nations. We, for the fame reafon, retained longer our barbarifm and national prejudices, and feemed, as it were, fhut out from improvement, while other nations were advancing faft in it. a After the coming in of the Normans, communication was opened with the continent, and fuch architecture, painting and ftatuary as was then practifed in France, were introduced here. As for the firft, our cathedrals are beautiful monuments of the tafte of thofe ages. The number of finelyilluminated manufcripts fhews painting was carried to tolerable perfection, and many images of kings and faints, ftill extant, give us no mean opinion of thofe antient artists. In this ftate things continued till the reformation, when a revival of the polite arts began in Italy, and gradually advanced through Europe. The popes Leo X. and Julius II. gave every poffible encouragement to genius, and in their time, brought painting to perfection in the perfons of Raphael and Michael Angelo. Every street, garden and corner of Rome was dug up in fearch of antiques; the foundations of ruined palaces and decayed cities were examined, and multitudes of fine ftatues, relievos and other curiofities were found. It was not before the reign of Charles I. who had a tafte for the arts, that any collections were formed in this kingdom his majefty, the duke of Buckingham 506 Thomas Earl of Pembroke's Plan for This nobleman poffeffed every qualification, neceffary to conftitute a real connoiffeur and vituofo, in a very eminent degree. He had an exquifite natural tafte, improved by extenfive learning, and a fondness for the ftudy of antiques. His converfation with the best Italian antiquaries of his age, cherished his own propenfities, and he refolved to form a collection on a plan, which would render it valuable, and be always a monument of his fuperiority in this way. Before he began to purchafe, he confined himself by the following li mitations. I. He refolved not to run into all forts of curiofities, but to buy fuch as were illuftrative of antient history and antient literature. It would have been an endless matter to have endeavoured to acquire gems, ftatues, medals, relievos, buftos, domeftic utenfils, and a thousand other antiques, which however cardinal Albani, many of the popes, and the prefent king of Naples have done. Being on the fpot when any of these were found, they had opportunities of completing fets, which no foreigner can poffibly have. It was therefore certainly more prudent, to decline what he had no hopes of perfecting, than to fill his houfe with fogments, which would neither fatisfy the ignorant, nor pleafe the connoiffeur. For this reafon he rejected Cameos, Intaglias, and the fmaller Lares and Penates. Buftos he was particularly fond of, as they expreffed, with more ftrength and exactnefs, the lineaments 04. of the face. Befides, the viewing a thefe brought to the fpectator's mial the history and glorious exploits of an tient kings and heroes. Though his lordfhip had a fape rior efteem for the antique, yet he greatly praised the grand duke of Tu cany's collection, confifting of above eight hundred modern ftatues. Lewis XIV. in his eftimation, deferved not les applaufe for his encouragement of French artifts, who made many ftatues in marble and lead after origi nals, and ornamented his gardens with them. These made excellent models for young ftatuaries and engravers to copy. Lord Pembroke was fenfible, that in a few years sculpture would receive but little encouragement, that antiques would be monopolized in a few hands, and therefore was willing, be fore this event took place, as many copies might be taken, as would di feminate a correct taste, and give a relifh for antient beauties. This accordingly is come to país, at present a fculptor of the best genius can scarce find employment, while every paultry painter, who can sketch a likeness, is careffed. II. No duplicates were admitted. This rule is fo neceffary for every collector to obferve, that it feems ftrange any fhould violate it. What purpose can ftatues with fimilar heads, trunks and draperies ferve? Undoubtedly none useful; they only occupy spaces which may easily be filled up with other things, more valuable. The cafe is widely different in refpect of divinities. As the fymbols of many of these could not with propriety be reprefented together, fo more figures than one of them became neceifary. To exemplify this: Venus rifing from the fea cannot be exhibited but in that one action. Suppofe her chariot drawn by doves, with Cupid, Mars, Adonis, and a variety of other actions and deities belonging to her were introduced into one piece, what would be the confequence, but that it mu difguft every obferver, as all things i crouded univerfally do? Venus pick: a thorn out of her foot, and Venus bedi ing a shell, are as different in attitude as if they no way related to the fam perfon. Th 69. Colleling the Antiquities at Wilton-Houfe. The fame reafoning will hold good Apollo, Hercules, Bacchus and hers, fo that his lordship moft judioufly multiplied fuch ftatues as were planatory of different attributes; for ereby, as it were, a history was made thefe divinities. Altars, urns and fuch like came uner the denomination of duplicates, for e moft part; however, fome of them referved in relievo many curious things, elative to the fepulture, marriages and ther rites and ceremonies of the Greeks ind Romans; when this was the cafe, hey were valued and retained. Acordingly here are eleven forts of interment, and five different altars. III. Lord Pembroke rejected whole nations, as the productions of Egypt, Hetruria and Magna Græcia; though he admitted a few to diversify his collection. The numerous and whimsical Egyptian deities, which captivate the eyes of fome connoiffeurs, were looked on by his lordship with indifference. The hieroglyphics, wherewith they are loaded, at prefent are unintelligible, or if they were known, could communicate nothing worthy attention. He therefore was fatisfied with an Ifis, Ofiris and Orus, nor was he folicitous about more; though he greatly admired the jafpers and marbles of that country. Hetrufcan figures are not lefs outiè and inexplicable than the foregoing, yet great regard has been paid to the works of that country, and much pains taken to elucidate them. Some of their vafes, particularly, are beautifully relieved and painted; but not eafily to be met with, unless in the cabinets of the curious. Even were they to have been procured, they would have anfwered none of his lord fhip's views. For the fame reason, the basso relievos of Valetta, who lived in Magna Græcia, (the kingdom of Naples) were not purchased, though antient, becaufe fculpture did not flourish in that country, till after its decline in Greece. There were but little hopes of finding valuable pieces there, especially as we know the Romans pillaged all the neighbouring kingdoms to adorn their capital. IV. Even works of the best ages were bought with limitations. As images were objects of adoration with the heathens from the earliest times, they confequently were multiplied, each family 507 having many, and the temples great numbers. To this religious opinion concerning ftatues, that they represented the deity under a human appearance, is owing the improvement and perfection of fculpture. Statues at the beginning, were as grofs as men's conceptions, being little better than rude ftones and blocks without fhape. As politeness and improvement advanced, they entertained more becoming ideas of the divine nature, and the only means they had of expreffing them fuitably, were to exhihibit them under thofe appearances moit efteemed among men. Thus beauty, or a juft conformation of features, with a complexion fuited to the climate, has always and ever will claim the love and admiration of the beholder. Hence the most beauteous perfons were the models for their gods and goddeffes, and the clofer they followed the original, the nearer they approached to perfection. His lordship obferved, that this perfection was not to be expected in the antient productions of the Grecian artifs, it was a work of time, advanced but flowly, and was confined, in fome meafure, to a particular epoch. Nothing does more honour to Lord Pembroke's tate than confining his choice to the best ages. If we confider at that time the civil eftablishment in each ftate was fettled as well as their manner of conducting wars: that thefe were tranfmitted to us with accuracy by the celebrated pens of those days, and confequently that the artists and writers mutually illuftrated each other, which could not be the cafe with obscure ages; when thefe confiderations are laid together, we fhall clearly fee, that thefe reftrictions were not the effect of caprice, but of an intimate knowledge of the fubject. Athens, at the beginning of the first Peloponnefian war, had attained great power and opulence. Pericles, who then had the management of affairs, was refolved to make his city as fuperior to others in its buildings and ornaments, as his citizens were in letters and elegance. We need not doubt how tranfcendent thefe were, when Phidias had the direction of them :-that Phidias, whofe ftatue of Olympian Jove was efteemed fuch a miracle of art, that the fculptor was fuppofed to have had a revelation of the fupreme Dairy, to be able 508 Lord Pembroke's Plan of collecting his Antiques. O The mentioning this ftatue fuggefts a remark which will be found useful to thofe not well acquainted with antient manners and opinions. It is not to pronounce peremptorily on the comparative merit of either fculpture or painting from the drefs, air or attitudes of the fubjects. For inftance. Naked figures were highly prized by the Greeks, because the beauty and fymmetry of the parts were fhewn to greater advantage. The warmth of the eastern climate made the inhabitants go very flightly cloathed, and in the heats of fummer with fcarce any covering at all. None of the indelicate ideas, which we who live fo far northward have, were then annexed to nakedness. Moral decency could not be violated, for this decency is not innate, but refults from the fentiments of mankind modified by the cli mate fo that what bears the charac ter of turpitude in one country, very often has the oppofite in another. This obfervation is the more necef fary, as many unthinking perfons have reprefented the Greeks, as wanton and lafcivious, because they made their figures naked, whereas the very oppofite is true. Morality, legifla tion and unaffected virtue were never better taught and practifed, than in the writings and examples of Socrates, Plato, Xenophon, and the philofophers of thofe times. mended for having extended the bounds of imagination in fuch exhi bitions. V. As it was impoffible to make a complete collection, folely from the works of the best ages, particularly as his lordship began his late, fo it had been want of tafte to reject those of the times next fucceeding. Neither fculpture, nor any other art, decays at once; there were many performances which came little fhort of the bet ages, and were worthy of being preferved. Thofe, whofe execution was but indifferent, as the baffo relievo with the first Greek letters, were yet very curious and of confiderable use. The fame may be faid of the buftos of Hefiod and Epicurus, they were worth having, because, according to Cardinal Mazarine's catalogue, there were no others of them known. Infcriptions, which fome value fo highly, his lordship paid no regard to, when they did not answer fome hifto. rical or chronological ufe. Thus the letters on the Egyptian granite column were remarkable, as they fhewed the origin of writing in Egypt, and fupplied us with fome of the letters of that antient alphabet. Under the clafs of curious infcriptions may be ranked, that on the bufto of the Victor, on the Sarcophagus of Epaphrodi tus, on the two baffo relievos and the columbarium. Laftly, no unknown heads were admitted, nor fragments. His lordship's Olympian Jupiter was made with a defign being, as is apparent from thick beard and head of hair. The what has been faid, to make a collec antient ftatues and buftos exhibit thefe tion of antiques not mutilated, he appearances. We who have different could not, confiftently, include any customs can entertain no conception in it which were fo. They did very how thefe could be the marks of divini- well for ftatuaries to copy, but other. ty and importance; yet were we to tra- wife were mere lumber. Thefe then vel into the Levant, and farther east- were the limitations which the earl of ward, we fhould find the fame notions of fanctity and veneration connected with a flowing beard, as the antients had of it two thousand years ago. The Coloffal Hercules in this collection is beyond any thing we know, we thall now account of thofe Pembroke prescribed We before obferved, that from the for magnitude and ftrength; and yet age of Pope Leo X. antiques began to modern difcoveries inform-us of fome be valued and esteem ed as they defer men above his fize, which is feven ved. From that time they were feet but even if none exifted, it cer- bought up with avidity; fo that in a tainly required a body nothing infe- few years thofe which were really va rior to the coloffal figure to undergo the labours this hero atchieved. The antient artists are rather to be com luable became exceedingly fcarce. [To be continued.] |