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them, which, though possible enough, does meanwhile, were watching their opportu-
not rest on such good authority. A num. nity, and the moment the boats came suf.
ber of armed boats were sent to effect à ficiently near, dashed into the water, and,
landing at a certain point on the coast, throwing their lassos round the necks of
guarded solely by these horsemen. The the officers, fairly dragged every one of
party in the boats, caring little for an enes them out of their boats.
my unprovided with fire-arms, rowed con-

(Vol. i. p. 146–153.) fidently along the shore. The guassos,

1

THE LAWYER.

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'Tis my vocation, Hal.--Shakspeare.
“Ως αιει τον ομοϊον αγει θεος ως τον ομοϊον.-Hom. Οd. 17.

To the Editor.
Sir,—As every man has either a and one may generally distinguish
favourite pursuit or a necessary occu the peculiar course of a man's life,
pation, and most men have both, it not only from the inadvertent sallies
seems to me most rational that we of conversation, but from the mea-
should endeavour, if we cannot ac- sured march of his studied compo-
tually blend them, to make them sition. I have carried this opinion
at least as subservient to each other so far, that I am persuaded that the
as possible; and it generally hap- authors of Tom Jones and Roderic
pens that there is such a natural Random, both fellows of infinite
propensity to this endeavour, that humour and various knowledge of
we see in every thing a man does the world as well as of books, may
some characteristic of his common easily be detected in their respective
habits and his usual studies. Sterne works, the one for a lawyer, the
would, perhaps, say that a man other for a physician; and neither of
may be caught mounting his hobby them are more humorous than when
at the very time when he least sus- they are ridiculing the quackeries of
pects that he is doing so; and thus their respective professions. This,
it is that we observe amongst men as I have already said, is both natu-
of every profession a certain air and ral and useful, as by this means eve-
manner by which they are most ry one is kept chiefly within his usual
plainly distinguished. Every man, province; and I have introduced
for instance, knows a tailor from á myself to you by these few general
soldier by his walk, though the one observations, because, as I am fond
may not be dressed in his regi- of literature and criticism, and may
mentals, nor the other be seen carry- occasionally trouble you with such
ing a suit of clothes wrapped up in remarks as occur to me in the course
á silk handkerchief under his left of my reading, I wish " by anticipa-
arm, with a pattern-book peeping tion to prevent your discovery," and
out of his right-hand pocket; both announce to you what sort of enter-
of which are as common to a tailor in tainment you are likely to receive,
the street of London as a musket and by telling you at once that I am a
cartouche-box are to a soldier on lawyer, who having been early a
parade. Even in literature we are votary of the Muses, am now, from
not free from these professional necessity and ambition, seriously de-
marks, which, as it is vulgarly said, voted to the labours of that arduous
smell of the shop;" for habit ne- profession, not without some occa-
cessarily gives a certain turn to the sional relaxation during the intervals
thought and language of all men, between Circuit and Term in the

1

Some of this goose-roasting, cabbage-pilfering tribe, have, with most unparalleled effrontery, presumed to quit the use of the silk handkerchief, for a blue bag, commonly called a law-bag. They fancy, perhaps, that there is some similarity between the contents of the lawyer's bag and the tailor's'; but I must tell them that they are mistaken, and that to have a bag of briefs, and to carry a suit, are not by any means the same ring.

you, Sir,

AND

should appear

bowers of Parnassus. At these pe- That what their cruelty doth forbid, your riods of indulgence perhaps an pity Essay may not be unacceptable to May give allowance to. you.

Naval (Senior, 1 Judge.) How long have MASSINGER'S FATAL DOWRY, Practis d in court ?

Char. Some twenty years, my Lord. Rowe's FAIR PENITENT.

Nav. sen. By your gross ignorance, it The opening of these dramas, the latter of which it is well known was

Not twenty days.

Char. surreptitiously stolen from the for

I hope I have given no cause mer, exhibits a very interesting in

In this, my Lord. cident founded upon a vulgar error.

Nav. sen. How dare you move the court In the one we are presented with a By Parliament, to the terror of all bank

To the dispensing with an act confirm'd very animated scene, in which the

rupts ? noble-minded Charalois, through his Go home, and with more care peruse the advocate Charmi, petitions the pro statutes, vincial tribunal of Burgundy for the Or the next motion, savouring of this restoration of his father's dead body, boldness, which had been arrested and de- May force you, Sir, to leap against your tained for debt by his rapacious cre

will ditors. Not being able to satisfy

Over the place you plead at.

Char. their debts, or appease their anger,

I foresaw this. he at length offers himself up to

In a note to this passage, Mr. prison, a living captive, to release Gifford, in the last edition adds, his father's corpse ; and submits to

“ Herodotus tells us, that Asychis, be buried in a dungeon, to procure

the grandson of Cheops, to facilitate his parent a grave. "It is this noble the borrowing of money, allowed the action which recommends him to Egyptians to pledge the dead bodies the father of Calista, and Beaumelle, of their parents, which, until redeemwho relieves him from prison, takes ed by payment of the sums advanced, him to his house and makes him his could not be deposited in the sepulson-in-law.

chres of their fathers. In imitation The following is the language of of this monarch, modern states have Massinger.

sanctioned the arrest of a person's Charmi. To say the late dead Marshal, dead body till his debts be paid ; but The father of this young Lord here, my tion, is in his followers a gratuitous

what was in Asychis a wise instituclient, Hath done his country great and faithful act of absurd and savage barbarity.' service

Both Massinger and his commenMight task me of impertinence, to repeat tator seem to me to have fallen into What your grave Lordships cannot but re a vulgar error. The one is very exmember.

cusable, because if either the law of He, in his life, became indebted to

England or of Burgundy was so unThese thrifty men, (I will not wrong their derstood by a great part of the audi

credits By giving them the attributes they now

ence, or it were a mere fiction of his merit)

own, the author might well derive And failing by the fortune of the wars

from it the incident which he has Of means to free himself from his en

formed. This is within the true ligagements,

cence of poetry. But with respect He was arrested, and for want of bail to the commentator, I am free to Imprison'd at their suit; and, not long after, confess that Mr. Gifford is much With loss of liberty, ended his life. more at home when he is explaining And, tho' it be a maxim in our laws, classical allusions than when he venAll suits die with the person, these men's tures upon the more dangerous

malice In death finds matter for their hate to

ground of the laws of arrest, or those

of Alsatia. He makes a good figure Denying him the decent rites of burial,

among the ruins of the capital of Which the sworn enemies of the Christian Rome, and describes them well; but faith

he is quite out of his way, when he Grant freely to their slaves. May it there- gets into the Fleet, or the King's fore please

Bench, or one of the Halls. His Your Lordships so to fashion your decree, quotation from Herodotus is correct,

work on,

but not quite applicable, and the and inviolable, dead or living; the consequences which he deduces from

statute of Queen Anne upon this subit are by no means natural. The law ject, was enacted merely to appease which he fancies to be so general in Peter the Great, and is generally Europe I believe never existed. understood to be only declaratory of None of the nations of Europe are so the common law. And in the next, it savage as to make the dead body of is hard to say that these gentlemen a debtor a pledge to his creditors. were denied Christian burial, when All of them do not admit of arrest their coffins are placed carefully in in the first instance for debt, but that sacred temple (by the guide's only in execution, and if by law the construction converted into a gaol) dead man were to be kept in prison in which are deposited, in similar till his son paid his debts, it is ob- coffins, the ashes of a long race of vious that every gaol must be also a kings and heroes. cemetery, and there must be cells ex Massinger wrote in the time of pressly for the dead as well as the Lord Coke, and it is plain that the living, like those of some monks, I law in his day could not have been believe the order of La Trappe, in as it is here represented; but in orItaly. But in the King's Bench pri- der to relieve my readers from all son there is nothing so common as to doubts upon the subject, and that hear of a wooden-habeas, as a nick they may all retire to rest without name for a coffin, by which the pri any idle apprehensions that their presoner is finally released from all con cious reliques when dead may be finement in this world, having satis violated by the hands of rude bailiffs, fied all creditors as to every claim to the terror of their wives and chilupon his person, by paying the great dren, I shall here extract from a modebt of nature. Before Mr. Gifford dern book of reports the words of the had cast this general slander upon

late Chief Justice Ellenborough on the legislatures of Europe, I wish he the subject, in which he held that had taken the trouble to examine even a promise to pay a debt extortinto the authorities upon which his ed from a person, through fear of a law is founded. I can find none. That dead body being arrested, was illegal, a prejudice commonly exists of this being without consideration and void kind, even at the present moment, is -which it could not be, if the threatwell known, and it is one of the ob ened arrest were legal. jects of this essay to destroy that

Now, as to the case of Quick v. Coppleprejudice. It was probably believed

stone, in that case the promise was made by Massinger, who, like Shakspeare

through fear of being arrested, and it is so and all our early poets, looked no stated in the declaration; and Hyde, C. J. further than their own country for held, “ that a forbearance to sue one who the manners of the place where the fears to be sued, is a good consideration ;”. scene was to be laid; and an instance and he cited a case in the Common Pleas, of it now exists, remarkable for its when he sat there, where a woman, who notoriety and absurdity. At West feared that the dead body of her son would minster Abbey, the guide who shows be arrested for debt, promised in considethe curiosities of the place, exhibits ration of forbearance, to pay, and it was in a small chapel, or cell, near to

adjudged against her, though she was nci

ther executrix nor administratrix. But Henry VIIth's brazen tomb, a couple of old coffins covered with red velvet,

the other Judges doubted of this; and I

think it would be bad even after verdict, which he gravely tells you contain

for it appears vitious upon the face of it. the bodies of two ambassadors, Such a means of extorting a promise is not whose remains were arrested for to be endured. It is impossible to look debt and not suffered to be buried. upon that as a good promise, which is made He also informs you that it is for this in consideration that a person will forbear reason they are not placed in a vault to do a violent and unlureful act; that he or tomb. I know not which to ad- will forbear to do a violent injury to the mire most, the folly of the inventor

feelings of all the relations of the deceased. of this fable, or the credulity of the

See Jacobus I. Smith's Rep. 195.-Jones blockheads who do not immediately

V. Ashburnham, B. R. Hilary Term, perceive its absurdity. For, in the 1804.--See also East's Reports, H. 44.

Gco. III. S. C. first place, by the law of nations, the persons of ambassadors are sacred With respect to the similarity of

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the law of Asychis, the grandson of able testimonial of nobility like the Cheops, in imitation of which, ac statues of the Roman patricians; and cording to Mr. Gifford, the supposed to pledge these, was to give a man law of Europe has been introduced, an actual security for the money, I confess I am but a novice in the which was advanced expressly upon Antiquities of Egypt compared with that pledge, and apportioned to the that gentleman; but I should submit natural value of it. But this was a to him, that the imitation is very re- stipulated pledge by the son, not an mote and improbable, and the copy ordinary execution on the body of at best very unlike the original. the father; and, however odious it Like all copies, if it ever existed, it may now appear in the spendthrift would be a copy without the spirit heir, was more reasonable than the of its prototype. It was customary pledge which the law is supposed in Egypt to embalm the bodies of the to give of the dead body of the debtor, deceased, or to make mummies of which must necessarily impose upon them; and it is probable he who the creditor, who was to keep it unpossessed the most of these precious buried, the task of reviving, not the remains was most honoured for his dead body, but the long lost art of high birth. The mummy was then embalming, which is nearly as hopea moveable piece of goods, a valu. less an experiment.

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A DREAM OF ORPHEUS.

I had a dream of Orpheus. The veil'd bed
Open'd as 'twere a cloud, and light was shed,
Bathing the midnight darkness in mild gold:
The walls receded: space its depth unroll’d
Far vanishing in distance: gleams of day
Broke o'er brown forests: torrents toss'd their spray
Like smoke; and mountains heaved on heaven, where caves,
That darken'd inward, sent the knell of waves
In deaf and hollow clang on the far air:
A sunless cataract stream was prison'd there,
Plunging and writhing on its stony rack
Where old volcanic flames had burn'd their track,
And shagg’d the hollow'd sides with azure spires,
The tinge of those old thunder-volleying fires
That gasp'd themselves away, and left the surge
To dash with tyrannous foam the hissing verge.
My visual sense was soul; and like a beam
It pierced the cavern's mouth, and saw the stream
In its ungovernable plunges, dark
As ebony, yet with a lightning spark
Upon its chafing waters; o'er their bed
Droop'd yellow crystals: the bow'd rocks were clung
With weeds that iced in shattery stone-work hung:
The toad, the bat, gleam'd cold, to marble grown,
And stiffening salamanders froze in stone:
The hardening surges, showering chilly spray,
Changed earth to iron as they wound their way;
I saw them tumbling o'er their shelvy ledge
Where night unfathom'd lay beyond the edge;
Till fancy totter'd, and I dared not trace
The deeper mysteries of that solemn place :
But, in my bodiless swift presence, turn'd
Where dazzling day without the mountain burn'd,
On snowy ridges toppling from on high,

And azure-billowing hills, that lowlier lie;
SEPT. 1824.

R

Woods and emerging plains that seem'd almost
Endless, roek, sand, and herbage, till a coast
Opposed its marble barrier, and the surge
of the blue ocean lean'd against the verge,
High on the buoyant air there seem'd to spring
The fowls of heaven that rush on broader wing;
The vulture crossd the azure with his shade,
And eagles from the eliffs the sun survey'd
With fix'd irradiate eye: and from those hills
I saw the lion stooping toward the rills
That boil'd in clefts of rocks, and tigers slow
Stole from the brake, or crouching gazed below
On some aerial antelope, anon
Starting, as 'twere a leaf, scarce seen, and gone.

Thus ruminating, on my ear there came
A sound, a thrill, which was no more the same:
The wild bird's cry, the forest's mutter'd roar,
The dash of rock-pent streams, the sea-wave hoar
Were blended still ; but clearer than them all
An echo smote me with its swell and fall
Liquid, but not of waters; for it hung
In tremors, like the nightingale's sweet tongue,
And yet with more of sound and varied art
Melted itself into the brain and heart :
That my chain'd spirit struggled to get free
And lose itself in that wild harmony;
And, with a thought, my airy presence stood
Before a mountain grotto ; where a wood
Shook with green aspens, and did high o'er-reach
The rock's tall summit with gigantic beech,
And oak and cedar. Nymphs with vine-leaves crown'd
Sate group'd upon the moss; their hair unbound,
And like those grape-tipp'd tendrils crisply twined,
Waved down their falling backs and kiss'd the wind.
The panther's mottled velvet half conceald
Their dazzling rounded forms, and part reveald.
Stags with their antlers peep'd; and the streak'd pard
Couch'd harmless; for before them leau'd a bard
Against the lichen'd rock; within his grasp
A seven-string'd shell: a coil'd and trampled asp
Beneath his foot, the fang still dripping gore :
This was the sound I heard; it breathed no more:
Still the throng'd air was dark with feather'd sails
Of hovering birds; and many nightingales
Lay panting on the grass beneath the trees;
As they had rung their descant on the breeze
In rivalry, and with their vain intent
Exhausted, flutter'd voiceless, breathless, spent.
But on my ravish'd sense arose a strain
From all those fair-shaped strangers, that again
The air shrilld musical, and 'twere to die
If I should lose that love-breathed symphony.

SONG OF THE BACCHANTS. Alas, Eurydice !--and where was he,

Within whose arm thy head had folded been?
When through the boundless wood's untrodden scene
Thou didst roam forth in thy simplicity?
Within his cavern-fane he sate

Unconscious of thy perilous flight;
His God on whom he fix'd his dazzled sight,
Could not his boasted God reveal thy fate?

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