Abbildungen der Seite
PDF
EPUB

were

ter,

and iniquitous judgments of men, that he " a furious Jacobite, while one hope for 4 Alternate masters now their flave command, betook himself early in life to retirement, “the Stuart line remained ; and his poli- And urge the efforts of his feeble hand; propter iniqua hominum judicia, as he left “tics, always leaning towards despotism, Who, when his age attempts its tak in vain, to be inscribed upon his tomb-stone. If inimical to liberty, and the natural With ruthless taunts of lazy poor complain: any thing could cure a man's anxiety, and rights of mankind. He was punctual in

Oft may you see him when he tends the render him different, about what is said “his devotions; but his religious faith had His winter charge, beneath the hillock weep:

Theep, or thought of him, now or hereafter, it much more of bigot-fierceness, than Oft hear him murmur to the winds that blow; would be these blind, absurd, iniquitous of that gentleness which the gospel in-O'er his white locks, and bury them in know; judgments of men ; who break riotously “ culcates," &C.

When rouz'd by rage and muttering in the forth into praise or censure, without regard If this representation be in any degree morn, to truth or justice, but just as passion and just, and I have never heard of its being He mends the broken hedge with icy thorn. prejudice impel. either disowned or contradicted, what are at once from life and life's long labour free?

Why do I live, when I defire to be Dr. Johnson “ seems, together with the we to think of panegyrists, who ascribe to Like leaves in fpring, the young are blown ablest head, possessed of the very best him such true greatness and such true good

away, “ heart at present existing ;" fays one wri-nefs, as were never before encompased by Without the forrows of a flow decay; “ Never on earth did one mortal one mortal body?

I, like yon wither'd leaf, remain behind, body encompass such true greatness and

Nipt by the frost and shivering in the wind; “ such true goodness,” says another ; who

There it abides till younger buds come on, obferves also, that his Lives of the Poets

The B O AS T. As 1, now all my fellow Twains are gone ; « would alone have been sufficient to im

Addressed to Miss

Then, from the rising generation thrak, "mortalize his name.” his

It falls, like me, unnotic'd to the duft.

These fruitful fields, these numerous flocks bead, or (as a third expreffes it) what jus LET heroes boast their battles won,

I fee, pendous strength of understanding he might 'Tis mine to boast, 'tis mine alone,

Are others' gain, but killing cares to me; have, cannot be precisely dehned; but A nobler conquest gain'd.

To me the children of my youth are lords, it is certain, that this pupendous under- I've won fair -'s gentle heart,

Slow in their gifts, but halty in their words Aanding was not prong enough to force I've gain'd the nymph I love :

Wants of their own demand their care, and its way through the ineanest prejudices, What greater honour can impart,

who with which it was once entangled. And

What bliss superior prove?

Feels his own want, and fuccours others too? for the very beft heart, and such true Hard seem'd the conteft, but at last

A lonely, wretched man, in pain I go, goodness as one mortal body did never before The yielding maid was kind;

None need my help and none relieve my woes

Then let my bones beneath the turf be laid, encompass, ---this is the language of jour- A mutual palion, the confess’d, nalists and periodical writers : let us hear

Had long possess'd' her mind.

And men forget the wretch they would nof

aid. the testimony of those, who have always Dear lovely girl, you ne'er will find

Thus groan the old, till by disease oppreft, known him personally, and intimately;

A flame more pure than mine,

They taste a final woe, and then they relt. Bishop Newton, speaking of the above An heart more grateful, more refign'd

Their's is yon house that holds the parifh Lives of the Poets, says, “ that malevolence To love's sweet will and thine.

poor, predominates in every part; and

Whose walls of mud scarce bear the broken a though some passages are judicious and

There, where the putrid vapours, flagging, " well written, yet they make not fufficient compensation for so much fpleen and The VILLAGE, a Poem. play,

And the dull wheel hums doleful through the « ill humour.” An account of Dr. John

By the Rev. G. CRABBE. fon, said to be written by the ingenious Miss E gentle souls who dream of rural ease, There children dwell who know no parent's Seward, sets forth, that he was a man of Whom the smooth stream and smoother care, very great parts, and of many good quali

fonnet please ;

Parents, who know no children's love, dwell ties, which it is far from our intent to deny Go! if the peaceful cot your praises share,

there ; or detract from ; but that his character was Go look within, and ask if peace be there : Heart-broken matrons on their joyless bed,

Forsaken wives and mothers never wed! a very mixed, and (the might have added) or their's, that offspring round their feeble Dejected widows with anheeded tears tepresented as excellent and fine, where not or her's, that matron pale, whose trembling the same, the blind, and, far the happiest

fire,

And crippled age with more than childhooddisgraced, as in his criticisins, with the

hand “faults of his disposition. He had strong Tarns on the wretched hearth th' expiring

they ! * affections,” it is said, “ where literary brand.

The moping idcot and the madman gay. envy did not interfere ; but that envý Nor yet can time itself obtain for these

Here too the fick their final doom receive, was of such deadly potency, as to load Life's latest comforts, due respect and ease; Here brought amid the scenes of grief, to “his conversation, as it has loaded his bio- For yonder see that hoary swain, whose age grieve; graphic works, with the rancour of party Who, propt on that rude staff, looks up to see Can with no cares except its own engage ; Where the loud groans from some sad cham

ber flow, * violence, with national averfion, bitter The bare arms broken from the withering tree; Mixe with the clamours of the croud below: "sarcasm, and unchristian-like invective. On which, a boy, he climb'd the loftielt Here forrowing, they cach kindred sorrow scan, « He turned from the compofitions of rising bough,

And the cold charities of man to man. genius with a visible horror, which Then his firit joy, but his sad emblem now. Whose laws indeed for ruin'd agc provide, " proved too plainly, that envy was the He once was chief in all the rustic trade, And Itrong compulsion plucks the scrap from s bosom-serpent of this literary despot. His steady hand the straiteft furrow made; pride ;

His pride was infinite; yet, amidst all Full many a prize he won, and still is proud But still that scrap is bought with many a figh, " the overbearing arrogance it produced, To find the triumphs of his youth allow'd; And pride embitters what it can't deny. " his heart melted at the fight, or at the He hears and smiles, then thinks again and some jarring nerve that baffles your repose ;

Say ye, opprest by fome fantastic woes, representation, of disease and poverty;

sighs :

Who press the downy couch, while slaves ad. and, in the hours of affluence, his purse For now he journeys to his grave in pain ; vance, Was ever open to relieve them. He was the rich disdain him; nay, the poor disdain ; With timid eye, to read the distant glance ;

door ;

AN EXTRACT FROM

day;

Y

[ocr errors]

walls;

Who with fad prayers the weary doctor teaze To raise the hope he feels not, or with zeal vant to ask how he was: he brought me To name the nameless ever-new disease ; To combat fears that ev’n the pious feel ? for answer that Gocul was in a dya Who with mock patience dire complaints en- Now once again the gloomy scene explore,ing state, as he had been all the preceding dure,

Less gloomy now; the bitter hour is o'er, Which real pain, and that alone can cure ;

night; and whilst I was at breakfast one The man of many sorrows fighs no more. How would ye bear in real pain to lie, Up yonder hill, behold how sadly flow

of his dependants came to tell me he was Despis'd, neglected, left alone to die? The bier moves winding from the vale below; dead, I went to see him foon after, and How would ye bear to draw your latest breath, There lie the happy dead, from trouble free,' found himn covered with a theet. I'then Where all that's wretched paves the way for And the glad parih pays the frugal fee ;

enquired if either of his wives (for he had death?

No more, oh! Death, ihy victim llarts to hear two) would burn with him; but nobody Such is that room which one rude beam di. Church warden tern, or kingly overscer; there could inforin me. I desired one of vides,

No more the farmer gets his humble bow, his dependants to let me know if either of And naked rafters form the floping fides ; Thou art his lord, the best of tyrants thou!

thein refolved to burn, that I might be preWhere the vile bands that bind the thatch are Now to the church behold the mourners fent: this was about eight o'clock last seen,

come, And lath and mud is all that lie between ; Sedately torpid and devoutly dumb;

Wednesday morning. At ten o'clock the Save one dull pare, that, coarsely patch’d, 1 The village children now their game suspend, corps was carried to Collyghaut, a litgives way

To see the bier that bears their antient friend; tle village about a mile higher up the creek, To the rude tempeft, yet excludes the day : For he was one in all their idle sport,

and about 2 dules from Calcutta. Bea Here, on a matted Rock, with dust o'erspread, And like a monarch ruld their little court; tween twelve and one o'clock the same The drooping wretch reclines his languid The pliant bow he form’d, the flying ball, day, Mr. Shakespeare, who had an esteem head ;

The bat, the wicket, were his labours all; for Gocul, whole nephew Joynerain GoFor him no hand the cordial cup applies, Him now they follow to his grave, and stand faul is Mr. Shakespeare's Banian, called on Nor wipes the tear that stagnates in his eyes; Silent and sad, and gazing, hand in hand; No friends with soft discourse his pain be- While bending low, their eager eyes explore | Tarrynell was resolved to burn. We ac

me to let me know that Gocul's first wife guile, . Nor promise hope till sickness wears a smile. The bell tolls late, the moping owl Aies cordingly went together, and reached ColBut soon a loud and halty summons calls, sound,

lyghaut in time, where Gocul lay on a pile Shakes the thin roof, and echoes round the Fear marks the fight and magnifies the sound; of Sandal wood and dry straw, about four

The busy priest, detain'd by weightier care, feet from the ground, on the banks of the Anon, a figure enters, quaintly neat,

Defers his duty till the day of prayer; creek, almost naked. His wife, we were told, All pride and busineis, bustle and conceit; And waiting long, the crowd retire distreit, With looks unalter'd by thele scenes of woe, To think a poor man's bones houid lie un- where we were informed her children (two

was praying on the edge of the creek, With speed that entering, speaks his hafte bleft.

boys and one girl) one of the boys leven to go ; He bids the gazing throng around him Ay,

years, the other five, and the girl thirteen And carrie's fate and physic in his eye;

months old, were present with her and KisA potent quack, long vers’d in human ills,

Extract from an authentic Letter relative to tenchurn, Gocul's eldest brother : that at Who first infulis the victim whoin he kills;

an HiNDOO WOMAN's burning berfelf first sight of her children, the strong ties Whose murd'rous hand a drowsy bench protect, alive with her deceased Husband, dated of human nature struggling with her resoAnd whose most tender mercy is neglect. Calcutta, July 25, 1779.

lution, drew a tear from her ; but the soon Paid by the parish for attendance here, He wears contempt upon his sapient sneer ;

OCUL Chundes Gofaul, a Bramin of recovered herself, and told her children In hafte he seeks the bed where misery lies, Impatience mark'd in his averted eyes ; merchant and a man of integrity was very to die with him; that they must look up to And, some habitual queries hurried o'er, respectable amongst Europeans, and ex- their uncle, pointing to Kistenchurn, who, Without reply, he rushes on the door ; ceedingly so with every native of this with his fon Joynerain beforementioned, His drooping patient, long inur'd to pain, country who had any knowledge of him; would be both father and mother to them; And long anheeded, knows remonftrance for he maintained a great many poor daily and that they must therefore obey them in He ceases now the feeble help to crave

at his house, and in the neighbourhood the same manner as they would Gocul and Of man, and mutely haftens to the grave.

where he lived; and he extended his gene- herself if living. Then turning to KistenBut ere his death some pious doubis arise, rosity to many Europeans, by lending them churn, she enjoined him, and recommendSome fimple fears which “ bold bad” men money when in distress. He was Govered him to enjoin Joynerain (who was then despise ;

Verellt's Banian; and from that at Dacca) to be fathers and protectors to Fain would he ak the parish priest to prove circumstance, I believe, you can con- her children, and committed them to their His title certain to the joys above;

firm all I have advanced in Gocul's fa- care. For this he seads the murmuring nurse, who vour.

This done, the left her children, and adcalts

Gocul had been confined to his room vanced towards the funeral pile, which The holy stranger to these dismal walls; And doth not he, the pious man, appear,

about a fortnight by a fever and Aux: Ifre was surrounded by a vast concourse of peoHe, "paffing rich with forty pounds a year?” quently visited him in that time, but did not ple, chiefly Bramins, about eight or ten Ah! no, a Mepherd of a different stock, apprehend his dissolution was so near, till feet from it, so that there was a free paf

; last Tuesday morning, the 20th inst. when fage round the pile. Mr. Shakefpeare and A jovial youth, who thinks his Sunday's talk on sending to enquire after his health, my I were in the front of the circle, and As much as God or man can fairly alk; servant informed me he was removed from The reft he gives to loves and labours light, his own house to the banks of a creek that

As loon as she appeared in the circle, I To fields the

morning and to fcafts the night; runs from Collyghaut (a place held facred thought the was somewhat confused; but None better skill'd, the noisy pack to guide,

by the Hindoos, and where the water is whether from the fight of her husband laying To urge their chace, to cheer them or to taken up that is used in administering oaths dead on the pile, or the great crowd of peo

chide ; Sure in his shot, his game he seldom mist,

to Hindoos in and about Calcutta) into the pleaflembled, or at seeing Europeans among And seldom fails to win his game at whift; river Ganges, as you know is customary them, for there were two besides Mr. Then, while such honours bloom around his with them, in order to die in or near that Shakespeare and myself, I cannot tell: head,

river, or some creek that runs into it. however, the recovered herself almost inShall he fit sadly by the fick man's bed

Early the next morning I sent my fer-stantaneously. She then walked unattend.

,

vain;

ed gently round the pile in filence, strew-composed, not in the least Aurried, ex- I am told that Gocul's other wife, ing Howers as she went round; and when cept at first for an instant of time, as before named Rajeserry, would also have facrificed The had nearly cornpleated the third time, observed; but went through it deliberately, herself, at the same time, if she was not at Gocul's feet she got upon the pile with with astonishing fortitude and resolution. with child : and that if she has preserved a out aslistance, strewed flowers over it, and This barbarous custom, so shocking to lock of his hair, it is consistent with the then laid herself down on the left lide of Europeans, if I mistake not, was practifed Hindoo laws or customs for her to go her husband, raising his head and putting by our ancestors in Britain in the times of through the same ceremony by burning her right arm under his neck; and turn the Druids; but whether our country- herself with that lock of hair, on another ing her body to his, threw her left arın women in those days, who did not sacrifice pile, whenever she thinks proper. Gocul over him; and one of the Bramins raised themselves, were treated with the same had four children by this laft-mentioned his right leg, and put it over her legs with contempt after the death of their husbands, wife, one girl ten years, one girl fix years, out a fingle syllable being uttered. They as the Hindoo women are, I know not; one boy seven years, and another boy tive being thus closely embraced, a blue shawl for by the religion of the Hindoos they years of

age. was laid over them, and they were not seen never can marry again, or have commerce I am, dear Sir, your most afterwards by any body. Some dry straw with another man, without prejudice to

obedient hurnble servant, was laid over the shawl, and then some their caits, which to them is as dear as life

JOSEPH CATOR. light billets of Sandal wood were put on itself; but generally are reduced to perform the straw ; but altogether not sufficient to the most menial offices in the family of prevent her raising herself up, throwing all which they were before the mistress. off, and entirely extricating herself from This reflection, together with the great

The SOCIAL FIRE. the pile, if she had repented, or from feel credit they gain amongst the Bramins in ing the heat of the fire or imoak she had undergoing to painful and horrid a religi- W

ZHEN beating rains and pinching been inclined to save her life : the dry straw ous ceremony, may be very strong induce- At night attack the lab'ring hinds,

winds which composed a part of the pile was then ments to their continuing this practice.

And force them to retirem lighted. During all which time, that is,

profrom the moinent Gocul's wife made her vinces have frequently prevented such fa- How sweet they pass their time away,

, appearance in the circle, to lighting the crifices, which I have heard is very easily

Beside the Social Fire. pile, there was a profound silence. But on done; for that any person not a Hindoo, the pile being lighted, the Bramins called or even an Hindoo of an inferior cast to the Then many a plaintive tale is told out aloud, some dancing and brandishing victim, barely touching the woman during Of those who ling’ring in the cold, cudgels or sticks, which I took to be pray- the ceremony, will have that effect. Job

With cries and groans expire. ing and a part of the ceremony; perhaps Channock, who obtained the first Phirmaund The mournful story Itrikes the ear, to prevent her cries being heard by the from the king at Delhi for the English Com | They heave the sigh, they drop the tear, multitude, so as to give them a bad im- pany, I am told, and I dare say you have And bless their Social Fire. pression of it, or deter other women from heard it too, faved a woman from burning by The legendary tale comes next, following what the Hindoos term a laud- touching her whilft Ihe was going through with many an artful phrafe perplext able example. But I was so near the pile, the ceremony, and was afterwards married That well the tongue might tire; that notwithstanding the noise made by the to her. Mr. Verelst was the means of The windows shake, the drawers crack, Bramins, and those who danced sound it, laving the life of Gocul's mother, who in- Each thinks the ghost behind his back, I should have heard any cries or lamenta- tended to burn herself with her husband, And hitches to the fire. tions the might have made: I am convinc- and she is now living, but Gocul's wife Or now perhaps some homely fwain, ed she made none, and that the smoak must have suffocated her in a very short space of day morning, that if the was not allowed Who fann’d the lover's

Aame in vain, time. I staid about ten minutes after the to burn with her husband, the would find Relates each stratagem he play'd pile was lighted, for such a fight was too means to put an end to her life in the course To win the coy disdainful maid, dreadful to remain long at; besides, no- of that or the next day. As a proof of her

And eyes the Social Fire. thing more was to be seen except the composure, and being in her perfect senses, fames, which Mr. Shakespeare and I had immediately on receiving news of Gocul's To these succeed the jocund song, a perfect view of at a distance, as we re- death The resolved to facrifice herself

, and From lungs less musical than strong, turned from the funeral pile. took an inventory of all the jewels and

And all to mirth aspire; Gocul's wife was a tall, well-made, effects which she was in poffeffion of.

The humble roof returns the sound, good-looking woman, fairer than the ge- I have now given you a full and circum- | The social Can moves briskly round, nerality of Hindoo women are, about ftantial relation of the whole matter respec- And brighter burns the fire. twenty-two years of age at moft: The ting Gocul Gosaul's wife facrificing her- Oh! grant, kind Heav'n, a state like this, was decently dressed in a white cloth round self on the funeral pile of her husband. Where fimple ignorance is bliss, her waist, and an Oorney of white cloth Such parts of it as were told me, of what 'Tis all that I require; with a red silk border thrown loosely over was done out of my sight, I have no rea- Then, then-to share the joys of life, her head and shoulders; but her face, arms, son to doubt; and what I have written, as and feet were bare. l' have heard and in- seen by myself, you may depend on as li- And bless my Social Fire. deed supposed that women in that situation terally true, which Mr. Shakespeare will intoxicate themselves with bang or toddy ; confirm in every part. But I omitted to but from the relation given me of what observe, that though the Bramins shed ROND EAU. passed between Gocul's wife, her children tears when praying by Gocul the night preand brother-in-law, as well as what Mr. vious to his death, there did not appear the Bystreonblack_eyes my heart was won, Shakespeare and I saw at the funeral pile, I least concern in any of them during the To Cælia with my suit I came, am persuaded she was as free from intoxi- ceremony at the funeral pile, not even in But the, regardless of her prize, cation during the whole ceremony as it is Kistenchurn, the elder brother of Gocul, Thought proper to reward my flame posible; for the appeared to be perfectly or any of his dependants.

By two black eyes!

map.

ExtraEt of a Letter from a Gentleman | reconciled to the use of oxen; and the shoed, and a man attends the fmith. Howe in Suffolk, on the comparative Uli-following reasons determine me to prefer ever, I think this dita 'vantage amply re

compensed by more material advantages; lity of Oxen and Horses in Hus- Firit; They are kept at much less ex- and can with great truth affirm, that the

pence. Mine never eat corn or meal of longer I have worked oxen, the better bandry.

any fort. During the winter, they are I have been fatisfied with them.

kept in good order for work upon itraw, BOUT five years ago, I took some with turnips, carrots, or cabbages; for A ing found the expence of horses very great, one peck of bran a day to each ox, whilst

MUCH ADO ABOUT NOTHING. I determined, somewhat more than two in conftant work. When my straw is fiyears ago, to make trial of oxen, and nished, and the spring advances, they eat bought one pair. At that time, I am al-hay; and if they work harder than com MULTUM agentes nihil agenda, hath molt certain, there was not an ox worked mon in the feed time, they have bran be busy, Auttering things, who are always in

usually been said of those officious, in this county; on which account my lide. When the vetches are fit to mow a hurry, yet doing nothing: but it may workmen added much to the trouble of and give them in the stable, they have no-juftly be laid of man in general. Upon breaking them, by their obstinate preju- thing else. After the day's work in the what poor uninteresting objects is he perdices against the use of them.

summer they have a small bundle of hay petually employed, and with what imporAt last I was fortunate enough to feleet to eat, and stand in the stable till they are tance and moft serious concern! “Is that a labourer, who, though totally unused to cool, and then turned into the pasture. them, was willing to take proper pains to

“the point," faid the philosopher, looking

I am of opinion, that the annual diffe- contemptuousy down upon the earth, break them. By his good treatment and rence of expence in keeping a horse and is that the point, which so many nations temper, they soon became tractable, and an ox, each in condition for the fame conas handy both at ploughing and carting as ftant work, is at least four pounds.

are partitioning with fire and sword?"

When Alcibiades was pluming himself any horses.

Secondly; The value of a horse declines Being well satisfied with their perfor- every year after he is seven years old; and Socrates drily asked to see them upon á

upon his numerous farms and possessions, mance, '1 resolved to dispose of all my draft is scarcely any thing if he is blind, in- map of the earth, which was hanging behorses, and substitute oxen in their stead. curably lame, or very old : But if an oxfore them: not unlike a Grand Seignior, I have now compleated my plan, and have is in any of those situations, he may be who, enquiring where England was, which not a single cart-horfe; but the work of fatted, and fold for much more than the made so much disurbance, was desired to my farm (which consists of upwards of first purchase; and will always fat sooner remove his thumb, which hid it upon the one hundred acres of arable land, and fixty after work than before.

Thirdly; They are not so liable to illness ducted by mankind in general, is all vaof pasture and wood) is performed with

In short, life, as instituted and coneale by fix oxen; together with my statute | as horses. I have never had one indisposed. nity, folly, and madness; our speculations duty on the highways, timber and corn, Fourthly; Horses (especially those be- nothing but a Comedy of Érrors, our actions carting, harrowing, rolling, and every part longing to gentlemen are frequently rode Much ade about Nothing. of rural business. They are shoed con- by servants without their master's knowftantly: their harness is exactly the same ledge, and often injured by it. Oxen are as that of horses, (excepting the necessary in no danger of this kind. alterations for difference of size and Ihape) Fifthly; A general use of oxen would they are drove with bridles, and bits in make beef, and consequently all other meat, A MUSICAL ANECDOTE. their mouths, and answer to the fame words more plentiful; which I think would be a of the ploughman or carter as horses, and national benefit. as readily. A single man holds the plough,

That it may not be thought, that a pair Men Elifcher, the celebrated performer and drives a pair of oxen with reins; they of oxen will plough an acre of land in a able for the irritability of his nerves, than will regularly plough an acre of land every day only upon a very light soil; I must for his skill as a musician, was lately at day, and in less than eight hours time; I add, that the greater part of my arable Windsor, to assist at a concert given by believe they will do it in feven, but i land is too heavy to grow turnips to ad- their Majesties to a select party of the Nowould not affert more than I know they vantage. When my lighter lands are in bility. He was desired to play one of perform.

fine tilth, I make use of a double plough: his concertos, which he did with great apI have a sinall plantation, in which a single man holds it, and drives one pair probation; but just as he was about to the trees are planted in rows ten feet of oxen, and will plough two acres a day. conclude one of his most elaborate cadenalunder; the intervals are ploughed by a I am well aware, that the method of ces, the youngest Prince, Adolphus, who single ox with a light plough, and he is working oxen with a yoke spares a confi- had found means to conceal himself below drove by the man who holds it. I men- derable expence in the article of harness; the music-desk, with great dexterity, whipt tion this as an instance of their great but they move so much more freely with the oboe out of his hands, and left the aftodocility.

collars, and can be used with so much nished musician in the attitude of playing, My oxen go in a cart fingle, or one, more advantage fingly by the latter me- without an instrument. The figure of two, three, or more, in proportion to the thod, that I think it fár preferable. Fischer was so extremely ludicrous, and load. Four oxen will draw eighty bushels After experience has inclined me to give his expression of surprise fo striking, that of barley, or oats, in a waggon, with ease; the preference to oxen, I will not omit in the whole company burst into a loud laugh, and if they are good in their kind, will my account the only material inconve- and the Royal Pair could not refrain from travel as fast as horses with the same load. nience I have found in working them; joining heartily in the chorus. It was

I frequently send out eighty bushels of which is, they are troublesome in fhoeing, some time before they were grave enough Oats with only three oxen; and one ox at least I have found them so in this coun- to order the Prince to be disgraced for the with forty bushels in a light cart, which I try; and, I believe, chiefly because my evening, and poor Fischer was so much think of all others the best method of car- smith never thoed 'any before. I have disconcerted, that after recovering his hautsiage. My workmen are now perfectly them confined in a pound whilst they are boy, he retreated with great precipitation.

1

LAW AND EQUITY. It is not meant, therefore, as is faid | has written a panegyric upon folly : Mon

before, that the magistrate should ever dif- taigne has said fine things upon ignorance, USTICE, “the mistress and queen of pense with law, or act against it; but only, which he somewhere calls“ the softest

all the virtues," the basis of all social that he should, as far as he can, temper pillow a man can lay his head upon :" virtue as well as happiness, the very corner- it with lenity and forbearance, when the and Cardan, in his Encomium Neronis, has, ftone on which fociety is built -- this very letter is found to run counter to the spirit. I suppose, defended every vice and every justice, if exercised too rigorously, would For instance; our ancient Saxon laws no- folly. It is astonishing to me, that no one often be found, amidst the combinations minally punished theft with death, when has yet done justice to impudence; which and entanglements of human affairs, even the thing stolen exceeded the value of has fo many advantages, and for which fo to border upon injustice; insomuch that twelve pence: yet the criminal was per- much may be faid. Did it never strike the civilians have established it into a mitted to redeem his life with money. you, what simple, naked, uncompounded maxim, that “ extreme justice is extreme But, by 9 Hen. I. in 1109, this power of re- impudence will do? what strange and afto“ injustice," --summum jus fumma injuria. demption was taken away: the law conti- nishing effects it will produce? Aye, and

It should seem, therefore, that the ma- nues in force to this very day; and death without birth, without property, without gistrate, to whom the execution of justice is the punishment of a man who steals principle, without even artifice and address, is committed, must not only do juftly, but above twelve-pennyworth of goods, al- without indeed any single quality, but the (in the language of the Prophet) also love though the value of twelve pence now is near as frontis triplex," the front of threefold mercy. I do not mean, that he should forty times less than when the law was “ brass.”-Object not folly, vice, or vil. ever act otherwise than the laws direct, or made. Here the spirit is absolutely out- lainy however black: these are puny things: at any time dispense with the right execu- raged by the letter: and therefore might from a visage truly bronzed and feared, tion of them; but only, that he be go- not a Justice, when a delinquent of this from features muscularly fixed and hardenverned therein, as often as he can, by the fort is brought, endeavour to foften the ed, iflues forth a broad overpowering glare, Spirit rather than the letter of them. For rigour of this law; or rather to evade it, by which all these are as totally hid, as the in the law, as well as in the gospel, the by depreciating the value of the thing spots of the fun by the luftre of his beams. letter frequently killeth; as when any

sta- stolen, by suffering the matter to be com- Were this not so, how is it, that impu. tute, from a new and different situation of promised' between the parties, and, where dence shall make impressions to advantage; things and persons, gradually brought on the character of the offender will admit of thall procure admision to the highest perby course of time and change of manners, it, instead of pursuing the severities of fonages, and no questions asked, thall sufenforceth proceedings different from, or, justice, by tempering the whole procedure fice (in short) to make a man's fortune, it may be, contrary to the true original in- 'with mercy?- This, and such like modes where no modeft merit could even render tent and meaning of it. The office, there- of acting, may be said indeed to be strain itself visible? I ask no more to insure fucfore, of a magistrate, a Justice of Peace ing points; but, unless such points be cess

, than that there be but enough of it: for instance, should be in part a kind of a strained occasionally, magistrates must of- without success a man is ruined and undone, petty chancery; a court of equity, as well ten act, not only against the spirit of the there being no mean. Should one ravage as a court of justice: where a man, al- laws, but against the dictates of reason, half the globe, and destroy a million of though pursued by law, may yet be re- and the feelings of their own hearts. his fellow-creatures, yet, if at length he drefied by reason, lo often as the case will Sir Henry Spelman took occasion, from arrive at empire, as Cæsar did, he thall be admit of it; and that will be as often as this law, to complain, that “while every admired while living as an hero, and adorthe spirit of any law or statute thall be thing else was risen in its value, and ed perhaps as a god when dead: though, found to clash with its letter.

“ become dearer, the life of man had con- were the very fame person, like Cataline, Mean while, it must be carefully noted, “ tinually grown cheaper.”

to fail in the attempt, he would be hanged that the magistrate has no power to decide Fortescue has a remarkable passage con- as a little scoundrel robber, and his name according to equity, when it is opposed cerning this law. “The civil law,” says devoted to infamy or oblivion.* to written and positive law, or stands in he," where a theft is manifest, adjudged contradiction to it: no, not even the Judge, "

Pray, what do you think the elder Pliny much less the Justice. It is a maxiin, theft not fo manifeft, twofold: but the suggests, when he affirms it to be “the ubi lex non distinguit, nec nos distinguere laws of England, in either case, punish “ any man, who professes himself a phy,

prerogative of the Art of Healing, that debemus; and again, judicandum ex legibus, the party with death, provided the thing “ sician, is instantly received as fuch?” non de legibus : and an ancient pranounced“ stolen exceeds the value of twelve pence.

He certainly suggests that such fort of it very dangerous for a Judge to seem more But, is not this comparison between Civil professors in his days, like the itinerant humane than the law. The danger con- and English law astonishingly made by a lists in its opening a latitude of interpre- man, who was writing an apology for the than ordinary portion of that bold, self-.

and advertising doctors of ours, had a more tation, and thereby giving room to fub- latter against the former? What?-is it important, and confident look and mantlety and chicanery, which, by gradually nothing to settle a proportion between ner, which, with a very little heightening, weakening, would in time destroy the au- crimes and punishments ! and hallone man, may juftly be called 'impudence. And thority and tenor of law: for, " though who steals an utensil worth thirteen pence, what but this could enable a little paltry « all general laws are attended with in- be deemed an equal offender against society, physician, of no name or character, to gain " conveniencies, when applied to parti- and fuifer the same punishment, with ano" çular cases; yet these inconveniencies ther, who plunders a house, and murders so mighty an ascendency over fuch a spirit

,

as that of Lewis XI. of France? Read áre justly supposed to be fewer, than all the family. “ what would result from full discretio

* Father Mascaron observed from the nary powers in every magistrate.” Hume.-So that the dispensation of equity A PANEGYRIC UPON IMPUDENCE. pulpit, “ that the hero was a robber, who seems reserved, and with good reason, not

He that has but impudence,

did at the head of an army, what a highwayman

did alone.” to the Judge who is tied down by his To all things has a fair pretence.

I am a pirate,” said one of that order to

" because I have only a RATORS and men of wit have Alexander the great, rules, but to the law-giver or supreme frequently amused themselves with “ single vessel : had I great fleet, I should be legislator: according to that well-known maxim, ejus eft interpretari cujus eft condere. maintaining paradoxes. Thus, Erasmus “ a conqueror.”

« ZurückWeiter »