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On the 5lh of February, 17(50, Dr. Browne Willis died at Whaddon hall, in the county of Bucks, aged 78; he was born at St. Mary Blandford, in the county of Dorset, on the 14th of September, 1682. He was unexcelled in eagerness of inquiry concerning our national antiquities, and his life was devoted to their study and arrangement. Some interesting particulars concerning the published labours and domestic habits of this distinguished individual, wil! be given in a subsequent sheet, with one of his letters, not before printed, accompanied by a facsimile of his handwriting.

NATURALISTS* CALENDAR.

Mean Temperature ... 39 • 20.

jftbruarp 6.

Collop Monday. See vol. i. p. 241.

The Season and Smoking.

At this time, Dr. Forster says that people should guard against colds, and, above all, against the contagion of typhus and other fevers, which are apt to prevail in the early spring. "Smoking tobacco," he observes, "is a very salutary practice in general, as well as being a preventive against infection in particular. The German pipes are the best, and pet better as they are used, particularly those made of raerschaum, called Ecume de Mer. Next to these, the Turkey pipes, with long tubes, are to be recommended; but these are fitter for summer smoking, under the shade of trees, than for the fireside. The best tobacco is the Turkey, the Persian, and what is called Dutch canaster. Smoking is a custom which should be recommended in the close cottages of the poor, and in great populous towns liable to contagion.

The Rule of Health.

Rise early, and, take exercise in plenty,

But always take it with your stomach empty.

After your meals sit still and rest awhile,

And with your pipe a careless hour beguile.

To rise at light or five, breakfast at nine,

Lounge till eleven, and at five to dine,

To drink and smoke till seven, the time of tea,

And then to dance or walk two hours away

Till ten o'clock,—good hour to go to nest,

Till the next cock shall wake you from your rest.

On the virtues of tobacco its users enhance with mighty eloquence, and puff it bravely.

In praise of Tobacco.

Much food doth gluttony procure

to feed men fat like swine, But he's a frugal man indeed

who on a leaf can dine.

He needs no napkin for his hands,

his finger enda to wipe, Who has his kitchen in a box,

his roan-meat in a pipe.

NATURALISTS Calendar. Mean Temperature ... 39 • 47.

jfflmiarp 7.

1826. SHROVE TUESDAY.

Several of the customs and sports of this day are related in vol i. p. 242-261. It is the last meat day permitted by the papacy before Lent, which commences to-morrow, and therefore in former times, full advantage was taken of the expiring opportunity to feast and make merry. Selden observes, "that what the church debars us one day, she gives us leave to eat another—first, there is a carnival, and then a Lent." This period is also recorded in the homely rhymes of Barnaby Googe.

Shrove-tide.
Now when at length the pleasant tim*

of Shrove-tide comes in place, And cruell fasting dayes at hand

approach with soletnne grace.

Then oldc and yonf ire both as mad,

as ghestes of Bacchus' feast. And foure dayes long they tipple square,

and feede and never reast. Downe goes the hogges in every place,

and puddings every wheare Do swarme: the dice are shakte and tost,

and cardes apace they teare: In every house are showtes and cryes,

aud mirth, and revell route, And daintie tables spred, and all

be set with gnestes aboute: With sundrie playes and Christmasse [rames.

and feare and shame away, The tongue is set at libertie,

and hath no kinde of stay.

Naogcorgiis.

The Great Seal in Danger.

February 7, 1677, about one in the morning, the lord chancellor Finch's mace was stolen out of his house in Queen-street; the seal laid under his pillow, so the thief missed it. The famous thief that did it was Thomas Sadler, he was soon after taken, and hanged for it at Tyburn on the 16th of March.*

NATURALISTS CALENDAR.

Mean Temperature. . . 37' 37.

jfeftruarp 8.

1826.—Ash Wednesday,
The First Day of Lent.

To the particulars concerning this day, and the ashes, (in vol. i. p. 261,) is to be nelded,that the ashes, made of the branches of brushwood, properly cleansed, sifted, and consecrated, were worn four times a year, as at the beginning of Lent; and that on this day the people were excluded from church, husbands and wives parted bed, and the penitents wore sackcloth and athet.f

According to the Benedictine rule, on Ash Wednesday, after sext, the monks were to return to the cloister to converse; but, at the ringing of a bell, be instantly silent. They were to unshoe themselves, wash their hands, and go to church, and make one common prayer. Then was to follow a religious service ; after which the priest, having consecrated the ashes, and sprinkled holy water on them, was 'lo

• Life of Ant. a Wood.
♦ FnibroaVi British Monachiim.

throw them on the heads of the monks, saying, "Remember that you ate but dust, and to dust must return." Then "the procession" was to follow.*

In former times, on the evening of Ash Wednesday, boys used to run about with firebrands and torches.f

Lent Assizes and Sessions. These follow, in due course, after Hilary Term, which is within a week of its expiration. The importance of assize and sessions business is frequently interrupted by cases not more serious than

Wi)t Crfal

Of Farmer Carter's Dog
PORTER

dfor jHmfttt.

Edward Long, esq., late judge of the admiralty court of Jamaica, wrote and published this "Trial,"J which is now scarce, and here somewhat abridged from the original without other alteration.

He commences his report thus :— County of SEX-1

GOTHAM, ss.J At a High Court of Oyer and Terminer

and Gaol-Delivery, holden this — day

of 1771, at Gotham-Hall.

Present:

The Worshipful 1 „ „ „

J. BoU/e, Esq. jP,lES,DENT

A. Noodle, ") „ r .

I* . > »i wii t. Esqs., Just-asses ana

Mat o the Mill, > . M '. ,

r, „ '( Associates.

usmyn router, J

Game-act Plaintiff

versus Poktfu Defendant. The Court being met, the indictment was read, which we omit, for sake of brevity.

Court. Prisoner, hold up your paw at the bar.

First Counsel. He is sullen, and refuses.

Court. Is he so? Why then let t> constable hold it up, noleut volens. [Which was done, according to oruer

Court. What is the prisoner's name

Constable. P-P-Po-rt-er, an't pie* your worship.

Court. What does the fellow say!

Constable. Porter! an't: please you; Porter!

* Fotbrftke'i British Monachism. t Ibid.
t Printed for T. Lowndu, 1771. 8ro.

[merged small][graphic]

Court. How?—what? — won't the dog speak? Won't he do what the court bids him? What's to be done? Is the dignity of this court to be trifled with in such a manner?

Counsel for Pros. Please your worships—it is provided by the statute in these cases, that when a culprit is stubborn, and refuses to plead, he is to be made to plead whether he will or no.

Court. Ay? How's that, pray?

Counsel for Proi. Why, the statute says—that he must first of all be thumbscrewed

Court. Very good.

Counsel for Pros. If that will not do, he must be laid flat on his back, and squeezed, like a cheese in a press, with heavy weights.

Court. Very well. And what then?

Counsel for Pros. What then? Why, when all the breath is squeezed out of his body, if he should still continue dumb, which sometimes has been the case, he generally dies for want of breath.

« Hii worsl-ip meant ratot/Vr,

Court. Very likely.

Counsel for Pros. And thereby saves the court a great deal of trouble; and the nation, the expense of a halter.

Court. Well, then, since the land stands thus—constable, twist a cord about the culprit's

Counsel for Pros. Fore-paws.

Constable. Four paws? Why he has but two.

Court. Fore-paws, or fore-feet, blockhead I and strain it as tight as you can, 'till you make him open his mouth.

[The constable attempted to enforce the order, but in drawing a little too hard, received a severe bite.]

Constable. 'Sblood and suet! He has snapped off a piece of my nose.

Court. Mr. Constable, you are within the statute of swearing, and owe the court one shilling.

Constable. Zonnds and death! your worships! I conld not help it for the blood o' me.

Court. Now you owe ns two shillings.

Constable. That's a d d bad

plaster, your worships, for a sore nose!

Court. That being but half an oath, the whole fine amounts to two shillings and sixpence, or a half-crown bowl. So, without going further, if you are afraid of his teeth, apply this pair of nut-crachert to his tail.

Constable. I shall, your worships. [He had better success with the tail, as will now appear.]

Prisoner. Bow, wow, wow, ow, wotv!

Court. Hold! Enough. That will do.

It was now held that though the prisoner expressed himself in a strange language, yet, as he could speak no other, and as the law can not only make dogs to speak, but explain their meaning too, so the law understood and inferred that the prisoner pleaded not guilty, and put himself upon his trial. Issue therefore being joined, the Counsel for the Prosecution proceeded to address the Court; but was stopped by the other side.

Prisoner's Counsel. I take leave to demur to the jurisdiction of the court. If he is to have a trial per pares, you must either suppose their worships to be his equals, that is to say, not his betters, which would be a great indignity, or else you must have a venire for a jury ol twelve dogs. I think you are fairly caught in this dilemma.

A

Cmauelfor Prot. By no means. It « easily cured. We'll send the constable with a Mandamus to his Grace 's kennel.

Pris. Counsel. They are fox hounds. Not the same species; therefore not his equals. I do not object to the harriers, nor to a tales de circnmstantibus.

Counsel for Pros. That's artful, brother, but it won't take. I smoke your intention of garbling a jury. You know the harriers will be partial, and acquit your client at any rate. Neither will we have any thing to do with your tales.

Mat. No—no—you say right. I hate your tales and tale-bearers. They are a rascally pack altogether.

Counsel for Pros. Besides, the statute gives your worships ample jurisdiction in this case; and if it did not give it, your worships know how to take it, because the law says, boni est jttdicis ampliare jitrisdictionem.

Pris. Counsel. Then — I demur for irregularity. The prisoner is a dog, and cannot be triable as a man—ergo, not within the intent of the statute.

Counsel for Pros. That's a poor subterfuge. If the statute respects a man, (a fortiori) it will affect a dog.

Ponser. You are certainly right. For when I was in the Turkish dominions, I saw an Hebrew Jew put to death for killing a dog, although dog was the aggressor.

Counsel for Pros. A case in point, rilease your worship. And a very curious and learned one it is. And the plain induction from it is this, that the Jew (who I take for granted was a man) being put to death for killing dog, it follows that said dog was as respectable a person, and of equal rank in society wi th the said Jew; and therefore—ergo— and moreover—That, said dog, so slain, was, to all and every purpose of legal inference and intendment, neither more nor less than—a man.

Court. We are all clearly of that opinion.

Counsel for Pros. Please your worships of the honourable bench. On Saturday the day of February

inst. on or about the hour oifive in the afternoon, the deceased Mr. Hare was travelling quietly about his business, in a certain highway or road leading towards Mnckingham; and then, and there, the prisoner at the bar being in the same road, in and upon the body of the deceased, with force and arms, a violent

assault did make; and further, not having the fear of your worships before his eyes, but being moved and seduced by the instigation of a devilish nt of hunger, he the said prisoner did him the said deceased, in the peace of our lord of the manor then and there being, feloniously, wickedly, wantonly, and of malice aforethought, tear, wound, pull, haul, touzle, masticate, macerate, lacerate, and dislocate, and otherwise evilly intreat; of all and singular which tearings, wouixllngs, pullings, haulings, touzleings, mastications, and so forth, maliciously inflicted in manner and form aforesaid, the said Hare did languish, and languishing did die, in Mr. Just-ass Ponser's horsepond, to wit, and that is to say, contrary to the statute in that case made and provided, and against the peace of our said lord, his manor and dignity.

This, please your worships, is the purport of the indictment; to this indictment the prisoner has pleaded nor guilty, and now stands upon his trial before this honourable bench.

Your worships will therefore allow me, before I come to call our evidence, to expatiate a little upon the heinous sin, wherewith the prisoner at the bar is charged. Hem !—To murder,—Ehem— To murder, may it please your worships, in Latin, is—is—Murderare ;—or in the true and original sense of the nurd, Murder-ha-re. H—, as your worships well know, being not as yet raised to the dignity of a letter by any act of parliament, it follows that it plainly is no other than Murder-a-re, according to modern refined pronunciation. The very root and etymology of the word does therefore comprehend in itself a thousand volumes in folio, to show the nefarious and abominable guilt of the prisoner, in the commission and perpetration of this lionid fact. And it must appear as clear as sunshine to your worships, that the word Murderare, which denotes the prisoner's crime, was expressly and originally applied to that crime, and to that only, as being the most superlative of all possible crimes in the world. I do not deny that, since it first came out of the mint, it has, through corruption, been affixed to offences of a less criminal nature, such as killing a man, a woman, or a child. But the sense of the earliest ages having stamped hare-murder, or mnrdcr-ha-re, (as the old books have it,) with such extraordinary atvociousness, I am lure thai Just-asses of yoi r worships' acknowledged and well-kiown wisdom, piely, erudition, and humanity, will not, at '.his time of the day, be persuaded to hold it less detestable and sinful. Having said thus much on the nature of the prisoner's guilt, I mean not to aggravate the charge, because I shall always feel due compassion for my fellow-creatures, however wickedly they may demean themselves.—I shall next proceed, with your worships' leave, to call our witnesses.—Call Lawrence Lurcher and Toby Tunnel.

Pris. Counsel. I must object to swearing these witnesses.—I can prove, they were both of them drunk, and non compos, during the whole evening, when this fact is supposed to have been committed.

Bottle. That will do you no service. I am very often drunk myself, and never more in my senses than at such times.

Court. We all agree in this point with brother Bottle.

[Objection overruled and witnesses sworn.]

Lurcher. As I, and Toby Tunnel here, was a going hoam to squire Ponser's, along the road, one evening after dark, we sees the prisoner at the bar, or somebody like him, lay hold of the deceased, or somebody like him, by the back, an't please your worships. So, says I, Toby, says I, that looks for all the world like one of 'squire Ponser's hares. So the deceased cried out pitifully for help, and jumped over a hedge, and the prisoner after him, growling and swearing bitterly all the way. So, says I, Toby, let's run after 'um. So I scrambled up the hedge; but Toby laid hold of my leg, to help himself up; so both of us tumbled through a thick furze bush into the ditch. So, next morning, as we was a going by the squire's, we sees the deceased in his worship's horse-pond.

Pris. Counsel. Are you sure he was dead?

Lurcher Ay, as dead as my great grandmother.

Pris. Counsel. What did you do with the body?

Ponser. That's not a fair question. It ought not to be answered.

Lurcher. I bean't ashamed nor afeard to tell, not I. We carried it to his worship, squire Ponser ; and his worship had him roasted, with a pudding in his belly, for dinner, that seame day.

Council for Pros. That is nothing to

the purpose. Have you any more questions for the witness?

Pris. Counsel. Yes, I have. Pray friend, how do you know the body yos, found was the very same you saw on the evening before!

Lurcher. I can't tell; but I'm ready to take my bible oath on't.

Pris. Counsel. That is a princely argument, and I shall ask you nothing farther.

Mrs. Margery Dripping, cook to his worship squire Ponser, deposed to the condition of the deceased.

DEFENCE

Prisoner's Counsel. Please your worships, I am counsel for the prisoner, who, in obedience to your worships' commands, has pleaded not guilty; and I hope to prove that his plea is a good plea; and that he must be acquitted by the justice of his cause. In the first place, the witnesses have failed in proving the prisoner's identity. Next, they have not proved the identity of the deceased. Thirdly, they do not prove who gave the wounds. Fourthly, nor to whom they were given. Fifthly, nor whether the party died of the wounds, if they were given, as supposed, to this identical hare. For, I insist upon it, that, because a hare was found in the squire's horse-pond, non scquitnr, that he was killed, and thrown in by the defendant. Or, if they had proved that defendant had maliciously, and animo furioso, pursued the deceased into the hoise-pond, it does not prove the defendant guilty of his death, because he might owe his death to the water; and therefore, in that case, the pond would be guilty; and if guilty, triable; and if triable, punishable for the same, and not my client. And I must say .(under favour,) that his worship would likewise be particeps criminis, for not having rilled it up, to prevent such accidents. One evidence, who never saw the prisoner till now, nor the deceased till after the fact supposed to have happened, declares, he is sure the prisoner killed the deceased. And why? Because he is ready to take his bible oath on't. This is, to be sure, a very logical conviction.

Court. It is a very legal one, and that's better.

Pris. Counsel. I submit to your wisdoms. But I must conclude with observing, that admitting a part of the evidence lo be true, viz. thot the prisoner did meet

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