water, to the decaying hamlet of Hartshop, remarkable for its cottage architecture, and thence to Hayswater, much frequented by anglers. The other, coming down Martindale, enters Ullswater at Sandwyke, opposite to Gowbarrow-park. | No persons but such as come to Patterdale merely to pass through it, should fail to walk as far as Blowick, the only enclosed land which on this side borders the higher part of the lake. The axe has here indiscriminately levelled a rich wood of birches and oaks, that divided this favourite spot into a hundred pictures. It has yet its land-locked bays and rocky promontories; but those beautiful woods are gone, which perfected its seclusion; and scenes that might formerly have been compared to an inexhaustible volume, are now spread before the eye in a single sheet, magnificent indeed, but seemingly perused in a moment! From Blowick a narrow track conducts along the craggy side of Place Fell, richly adorned with juniper, and sprinkled over with birches, to the village of Sandwyke, a few straggling houses that, with the small estates attached to them, occupy an opening opposite to Lyulph's Tower and Gowbarrow-park. In Martindale the road loses sight of the lake, and leads over a steep hill, bringing you again into view of Ullswater. Its lowest reach, four miles in length, is before you; and the view terminated by the long ridge of Cross Fell in the distance. Immediately under the eye is a deep-indented bay, with a plot of fertile land, traversed by a small brook, and rendered cheerful by two or three substantial houses of a more ornamented and showy appearance than is usual in those wild spots.

THE MAJESTY OF THE LAW.

Ir was a busy evening at the Red Lion, at Merston.* Outside were some who, under the pretence of refreshing themselves, were tippling; and there stood the horse and cart of Jacob Hudson, a small tradesman of a neighbouring village. The light cart was not one of the spruce-looking vehicles which are sometimes seen in rural districts; it was old and shabby, and the splashes it had received during recent drives after heavy

See Visitor, January, February, March, and April.

rains were on its body and wheels; and with it agreed the stuffed seat, showing its contents at several places, the short and broken whip sticking out by its side, and the poor, jaded, tumble-down sort of animal in the shafts. Their owner had "just looked in," as he called it, to take a pint of ale; but this was followed by another, another, and another; these were quickly succeeded by glasses of rumand-water, aided by a pipe repeatedly filled, during successive hours, until he had become vociferous in talking to all who had joined him at the table, amidst the plaudits of those who had plenty to drink and nothing to pay. Wretched man! sunk far beneath the level of his horse at the door-who would not take a lap of water beyond what nature required

while he is ruining by intemperance his body and his soul. Often has he fallen from his horse and been overturned in his cart, sometimes at the cost of much pain and suffering; yet here he is; it will be midnight before he leaves, and he may be spending now his last hours. What must it be to be hurried, in such a condition, into eternity!

Up stairs there is a great bustle; it is a meeting of the club, and now its business is being concluded, its members are forming into parties, some sitting and others standing, and all engaged in various conversations and discussions. In one corner is Adams, smoking, amidst a group similarly employed, to whom he is describing what he witnessed yesterday. It was the opening of the assizes in the county town; he had seen the high sheriff, attended by his javelin-men, go forth to meet the judge, who stepped into the state-carriage; and he had become very warm as he denounced what he termed "so much senseless stuff and parade."

Watkins, who had that moment come up, sympathized to some extent with him, when, on Adams uttering his sentiments with unusual violence, Clare exclaimed, "I wonder if you would say that if Mr. Ford were here!"

Of course Adams declared that he would; that he would say it before the face of any man, he did not care who; and the more people there were, and the higher they thought themselves, the better he should like to tell them just what he thought.

Such is the usual effect of giving way to the mere impulses of feeling instead of being swayed by deliberate and just

thought. And yet such declarations are rarely verified. "I will tell my master what I think of him," says a mechanic, over his glass; but before he reaches the counting-house, he has cooled down, and then goes back; or if not, he becomes cooler still while he waits after his rap at the door, for "come in," or for his master's returning or being disengaged; and what was purposed to be forcible as the discharge of a bullet, ends merely in a flash of the pan. The fact is, that when the feelings are excited, objects are not clearly beheld, and therefore strangely metamorphosed, so that what was pronounced to be a ghost, proves to be only a scooped turnip with a candle in it, surmounting an old woman's red cloak. Then again, in proportion as the object which excited the feelings assumes its proper shape and character, other objects are seen, which moderate, perhaps calm, the passion that had been aroused. Thus the mechanic referred to thought only of "lowering," as he termed it, "his master's pride," as if he were sure of success; but as he walked along, other thoughts arose, "What will he care about what I say?"—"I shall be turned off in a huff.”

"Work is scarce now; I will wait till times get better," he says to himself; and so he stops short of the counting-house altogether, or if he has actually entered it before discovering that "discretion is the better part of valour," his threat shrinks into a few simple words, takes the character of an inquiry, or becomes changed into a plea.

Other circumstances have precisely the same effect. Adams never doubted for a moment, as he was going with his neighbours to Caleb Ford's, that he should be able to "say a thing or two," that would be very embarrassing, and indeed place him in the attitude of conquest. It is well known that questions suddenly popped are often very annoying, even to the intelligent and sagacious, though the inquiries are trivial in themselves, as peas from a boy's peashooter; and that the veriest blockhead may suggest a difficulty in a few words, which it would take an able man an hour, perhaps many, effectually to remove. But the kind and quiet manner of Caleb Ford in the recent interview, checked Adams's strong disposition to show himself off, and then Caleb's lucid and patient statement of the actual facts in reference to parliament, allowed opportunity for only a few remarks, which

were promptly and summarily, yet courteously, set aside.

It is not to be supposed, however, that the effect of this procedure was more than temporary. Prejudice or passion, though put down, is not destroyed, any more than the fire is absolutely extinguished in the smouldering embers; only let the opportunity be favourable, and as, in the one case, the blaze will burst forth, so, in the other, prejudice will become loquacious, and passion inflamed. Accordingly, Adams was looking for a time when he could " tell Mr. Ford his mind;" and as Watkins proposed that he should be asked for another interview, Adams concurred at once, thinking that the wished-for opportunity was at hand. With Caleb's usual kindness, and earnest desire to diffuse sound information, he cordially agreed, when Watkins made the request, that the proposed meeting should take place, and not long after, the former party were found again, one evening, in his pleasant-looking and well-ordered cottage.

"And now friends," said Caleb, "what question have you to propose? I have not yet heard of any topic that has excited your special interest.'

"We should be much obliged to you, Mr. Ford," said Clare, just as Adams was about to reply, "if you would be so kind as to tell us all about law."

Without any criticism on the extended range thus opened, Caleb remarked, that "law is manifest everywhere, in all the works of the great Creator."

Instantly Adams saw an opening; he had recently perused a work which virtually denied the creative power of the Almighty, and he now intimated his expectation that the views of the writer to whom he referred would one day be generally admitted.

"I know the theory to which you allude," said Caleb; "it is not new, it is a revival of one long since propounded: it assumes that a little creature first appeared, like a very small living ball; that this gave rise to a being in a small degree its superior; and that, in the course of time, this development being carried onwards, an animalcule became an oyster, the oyster a monkey, and the monkey a man. Now, to my mind," continued Caleb, "there are to this theory fatal objections. It directly opposes, for instance, the Divine declaration, that by our Lord Jesus Christ were all things created, whether visible or

invisible; he spake, and it was done; he commanded, and it stood fast. But the theory is a sceptical one, and therefore I meet those who hold it on their own ground, and contend that even there it is utterly untenable. In the first place, it has no evidence to sustain it. I ask you, Adams, did you ever find between the two shells of an oyster, anything but an oyster; any variation from the usual form of that creature; any development of new parts, ay, the slightest improvement in the last oyster you ate, over the first which you ever noticed?" "I cannot say I have, Mr. Ford," replied Adams; "but you know other people may have seen what I have not."

"That is quite true,” said Caleb; "but though there have been men to give not merely days, but months, and years to the careful study of one creature; and though we have the recorded observation of such men for many hundreds of years, we have not a single fact to sustain the notion of a creature of higher order, proceeding from one that is inferior. No peculiarity in any creature becomes transmissible. Like produces like throughout the universe. Were it otherwise, the instances would be innumerable; they would start up before our eyes every day and every hour; we should be as familiar with them as we are with the leaves of trees, the flowers of plants, the young of animals; whereas, the theory before us, unsupported by a single fact, is absolutely contradicted by universal experience.

Adams did not expect this; but another statement of the same theorist occurred to him: "Animals may have had the power of self-improvement, and lost it."

"That is," said Caleb, "a notion as utterly fanciful as the other; it is, at best, only a subterfuge to avoid a difficulty, and one which might have been learned from the cuttle-fish, who instinctively blackens the water to escape from its pursuers. Let us be told how and when they lost it; and when we are apprised of this to our satisfaction, there will be another question, how were they possessed of this power? to which there could be no reply, but that which we now give in reference to all things visible and invisible: they are the works of an all-wise and almighty Creator. Granted even that all superior creatures are the result of gradual development, from the little living globes called monads, to whom are these to be traced but to the great Author of life, who

upholds all things by the word of his power, according to the laws which he has been pleased to establish and maintain ?"

"But, Mr. Ford," said Adams, "if these things were created, what need is there of being constantly looked after? The man who made my watch is not always looking at the wheels."

Certainly not," said Caleb; "but is there a parallel between your watch and the objects we are now contemplating? A grain of wheat, for example, produces other grains of wheat, just like itself, and this increase is dependent on other laws, affecting the quality of the soil, and the influences produced by the atmosphere, the sun, the rain, and the dew, to which all the waters of the globe contribute. In like manner we have an unfailing succession of the animal tribes, with all their amazing diversities of structure and instinct, as well as of those which are vegetable, for which summer and winter, seed-time and harvest return, in an order on which we may confidently calculate. Here then is the result of other laws, which regulate the motions and orbits of the whole planetary system. So exactly determined are these, that the minute and the second of an eclipse can be predicted, the precise time of a comet appearing and withdrawing can be calculated, and even the coming into view of a new planetthe planet Neptune-exactly foretold: thus we have, in the largest orbs of our system, as well as in the most minute plant or animal, the evidence brought under our own eyes, of the undeviating and invariable laws which God has ap pointed throughout the universe. When men, following the suggestions of pagan philosophers, speak of law as sufficient, they take, as you did in the case of your watch, an instance which falls almost infinitely short of the question at issue.

What is a law, apart from its being maintained in the exercise of intelligence? Were there no executive in England, no power to carry it into effect, of what use would a single law be on its statutebook? It would be manifestly only a dead letter.' Let these men take the question as it really is, as comprehending laws directing and controlling all the phenomena of nature-phenomena proceeding in unbroken succession and harmony from age to age; and then will they feel that to attempt to resolve them into mere law is utterly vain. The laws of nature are simply the fixed and estab

dant. Criminal law is that department in which every breach of duty may be made the subject of a legal proceeding instituted by the sovereign or his representatives, for the purpose of inflicting punishment on the person charged with a breach of duty. The scope of a criminal action is, therefore, to inflict punishment on the defendant for the breach of a legal duty which is imputed to him. I hope," said Caleb," that I have made the distinction clear."

"Perfectly," said Watkins. "As I understand it, when at the last assizes Dixon got his action against Robins for the malt he did not pay for, that was civil law; and when that scapegrace, Jackson, got two years' imprisonment and hard labour for embezzling the money he had collected for his master, that was criminal law."

Exactly," said Caleb.

"But," said Sims, "I met a friend a few days since, and he told me that he intended to have Rogers punished for some wrong that he had committed, but that he did not know whether he should treat the matter 'civilly or criminally.' Pray, Mr. Ford, what did he mean by that?"

"The fact is," said Caleb, "that when one man injures another, he inflicts two wrongs, or rather the wrong may be looked upon from two points of view. In the first place he injures the individual, and, secondly, he does an injury to society in general; for every injury received by the individual is rightly considered to have been an attack on the society and the nation of which that individual forms a part, in the same way as if a man were to fire a pistol at a crowd of people, not only is he considered to have done a wrong in reference to the party whom he may wound or kill, but to have made an attack on the whole body there assembled. An illustration of the double operation of law may be furnished in the case of trespass. Suppose, for instance, one man trespass on the land of another and injure it, or if he allows his cattle to trespass on the land of another, and they tread down the corn, the owner may, on the refusal of the trespasser to award reasonable recompence, commence an action against him for the recovery of pecuniary satisfaction. In this way civil law will be appealed to, and justice being awarded, criminal law will, as it were, stand aside and let the But suppose the party who

matter pass.

has done the injury have no money, and thus no means of giving pecuniary satisfaction for the injury; as if, for instance, the corn be trod down by some vagrant boys, or an orchard has been despoiled by others, it would be ridiculous on the part of the injured man to commence a civil process against them, for the boys having no money would be unable to pay the plaintiff when the case terminated. Instead, therefore, of attempting this, the farmer obtains a constable, lays his charge against the culprits, and on being brought before a magistrate, they are treated criminally,' and sentenced to such term of imprisonment, or other punishment, as the magistrate or magistrates may think best. In this case civil law has nothing to do with the matter, justice is satisfied by criminal law."

6

"But are all legal questions taken up on this double principle?" inquired Watkins.

"No," said Caleb; "it is only some of them, for many would not allow it, and come under the cognizance of criminal or civil law alone. Murder, or manslaughter, for instance, could not be treated civilly; and, on the other hand, the question of right to particular property could not be regarded as a criminal matter. Let us now proceed to a point as yet only alluded to, I mean equity.”

"I have something about that in my pocket, Mr. Ford," said Adams, taking out a small book.-"The writer says: Equity in law is the same that spirit is in religion, what every one pleases to make it; sometimes they go according to conscience, sometimes according to law, and sometimes according to the rule of court. Equity is a roguish thing; for law we have a measure, and know what to trust to; equity is according to the conscience of him that is chancellor, and as that is larger or narrower, so is equity. It is all one as if they should make the standard for the measure we call a foot, of the chancellor's foot; what an uncertain measure would this be! One chancellor has a long foot, another a short foot, a third an indifferent foot; it is the same thing in a chancellor's conscience.'"

"I know the book well from which you have just read an extract," said Caleb; "it is 'Selden's Table Talk,' but our lot is cast happily, not in the days of Charles 1., but under the reign of queen Victoria. We need not examine how far it was true then; most certainly it is not true now. Of equity we must now