« AnteriorContinuar »
(he deceased on the highway, and held some conference with him; 1 say, that supposing this, for argument sake; I do insist, that Mr. Hare, the deceased, was not following a lawful, honest business, at that late hour; but was wickedly and mischievously bent upon a felonious design, of trespassing on farmer Carter'* ground, and stealing, consuming, and carrying off, his corn and his turnips. I '"urther insist that the defendant, knowing this his felonious and evil machination, and being reiolved to defend the property of his good friend and patron from such depredations, did endeavour to divert him from it. Which not being able to effect by fair means, he then was obliged to try his utmost, as a good subject and trusty friend, to seize and apprehend his person, and bring him, per habeas corpus, befoie your worships, to be dealt with according to law. But the deceased being too nimble for him, escaped out of his clutches, and tumbling, accidentally, in the dark, into his worship's horse-pond, was there drowned. This is, I do not doubt, a true history of the whole affair j and proves that, in the strictest construction of law, it can only be a case of per infortunium—unless your worships should rather incline to deem it afeio de te.
Noodle. A fall in the tea! No such thing: it was only a horse-pond, that's clear from the evidence.
Pris. Counsel. Howsoever your worships may think fit to judge of it, I do humbly conceive, upon the whole matter, that the defendant is not guilty; and I hope your worships, in your wisdoms, will concur with me in opinion, and acquit him.
The Counsel for the Prosecution replied in a long speech. He contended that Mr. Hare, the deceased, was a peaceable, quiet, sober, and inoffensive sort of a person, beloved by king, lords, ami commons, and never was known to entertain any idea of robbery, felony, or depredation, but was innocently taking the air, one afternoon, for the benefit of his health,when he was suddenly accosted, upon his majesty's highway, by the prisoner, who immediately, and bloody-mindedly, without saying a syllable, made at him, with so much fury in his countenance, that the deceased was put in bodily fear; and being a lover of peace, crossed the other side of the way: the prisoner followed him close, and pressed him so hard, that he was obliged to tly o\er hedge and
ditch with the prisoner at his heels. It was at this very juncture they were observed by the two witnesses first examined. The learned counsel further affirmed from circumstances, which he contended amounted to presumptive evidence, that, after various turnings and windings, in his endeavour to escape, his foot slipped, and the prisoner seized him and inflicted divers wounds; but that the deceased finding means to get away, took to the pond, in order to swim across; when the prisoner, running round the pond incessantly, prevented his escape: so that, faint and languishing under his wounds and loss of blood, the hapless victim there breathed his last, in manner and form as the indictment sets forth. He also alleged that, as Mr. Hare lived within his worship's territory, where there are several more of the same family, he could not, therefore, be going to farmer Carter's; for that would have been absurd, when he might have got corn and turnips enough on his worship's own ground. Can there, said the learned gentleman, be a stronger, a weightier, a surer, a—a—a—?
Court. We understand you It is as clear as crystal.
[Their worships in consultation.] Court. Has the prisoner's counsel any thing further to offer in his behalf? Pris. Counsel. Call farmer Carter. Pray, farmer Carter, inform the court what you know of the prisoner's life, character, and behaviour.
Carter. 1 have known theprisoner these several years. He has lived in my house great part of the time. He was always sober—
Court. Never the honester for that. Well, go on.
Carter. Sober, honest, sincere, trusty, and careful. He was one of the best and most faithful friends I ever knew. He has many a time deterred thieves from breaking into my house at night, and murdering me and my family. He never hated nor hurt any body but rogues and night-walkers. He performed a million of good offices for me, for no other recompense than his victuals and lodging; and seemed always happy and contented with what I could afford him, however scanty the provision. He has driven away many a fox that came to steal my geese and turkies; and, for taking care of a flock of sheep, there is not his equal in the county. In short, whenever he dies 1 shall lose my best friend, my best servant, and most vigilant protector. ] am positive that he is as innocent as a babe of the crime charged upon him; for he was with me that whole evening, and supped and slept at home. He was indeed my constant companion, and we were seldom or never asunder. If your worships please, I'll be bail for him from five pounds to five hundred
Court. That cannot be : it is not a bailable offence. Have you any thing else to say, Mr. Positive f
Carter. Say? I think I've said enough, if it signified any thing.
Bottle. Drag him away out of hearing.
Carter. I will have justice! You, all of ye, deserve hanging more than your prisoner, and you all know it too.
Court. Away with bim, constable.— Scum of the earth! Base-born peasant! [Carter is hauled out of the court, after a stout resistance.]
Court. A sturdy beggar I We must find out some means of wiring that fellow!
The Counsel for the Prosecution prayed sentence of death upon the culprit at the bar.
Court. How says the statute t Are we competent for this?
Counsel for Pros. The statute is, I confess, silent. But silence gives consent. Besides, this is a case of the first impression, and unprovided for by law. It is your duty, therefore, as good and wise magistrates of the Hundreds of Gotham, to supply this defect of the law, and to suppose that the law, where it says nothing, may be meant to say, whatever your worships shall be pleased to make it.
Bottle. It is now incumbent upon me to declare the opinion of this high and right worshipful court here assembled.
Shall the reptile of a dunghill, a paltry muckworm, a pitch-fork fellow, presume for to go for to keep a dog ?—and not only a dog, but a dog that murders hares? Are these divine creatures, that are religiously consecrated to the mouths alone of squires and nobles, to become the food of garlic-eating rogues? It is a food, that nature and policy forbid to be contaminated by their profane teeth. It is by far too- dainty for their robustious constitutions. How are our clayey lands to be turned up and harrowed, and our harvests to be got in, if our labourers, who should strengthen themselves with beef and ale, should come to be fed with hare, partridge, and pheasant P Shall we sufliei on: giants
to be nourished with mince-meat and pap? Shall we give our horses chocolate and muffins? No, gentlemen. The brains of labourers, tradesmen, and mechanics, (if they have any,) should ever be sodden and stupified with the grosser aliments of bacon and dumpling. What is it, but the spirit of poaching, that has set all the lower class, the canaille, a hunting after hare'sfiesh P You see the effects of it gentlemen; they are all run mad with politics, resist their rulers, despise their magistrates, and abuse us in every corner of the kingdom. If you had begun hanging of poachers ten years ago, d'ye think you would have had one left in the whole kingdom by this time? No, I'll answer for it; and your hares would have multiplied, till they had been as plenty as blackberries, and not left a stalk of corn upon the ground. This, gentlemen, is the very thing we ought to struggle for; that these insolent clowns may come to find, that the only use they are good for, is to furnish provision for these animals. In short, gentlemen, although it is not totally clear from the evidence, that the prisoner is guilty ; nevertheless, hanged he must and ought to be, in terrorem to all other offenders.
Therefore let the culprit stand up, and hearken to the judgment of the court.
Constable. Please your worship, he's up.
Bottle. Porter ! Thou hast been found guilt;/ of a most daring, horrible, and atrocious crime. Thou hast, without being qualified as the law directs, and without licence or deputation from the lord of the manor, been guilty of shedding innocent blood. In so doing, thou hast broken the peace of the realm, set at naught the laws and statutes of thy country, and Cwhat is more than all these) offended against these respectable personages, who have been sitting in judgment upon thee. For all this enormity of guilt, thy life doth justly become forfeit, to atone for such manifold injuries done to our most excellent constitution. We did intend, in Christian charity, to have given some moments for thy due repentance, but, as the hour is late, and dinner ready, now hear thy doom.
Tikiu must be led from the bar to the end of the room, where thou art to bv hanged by the neck to yonder beam, coram nobis, till you are dead, dead, dead t Hangman, do your duty.
Constable. Please your worships, all is ready.
Ponser. Hoist away, then, hoist away.
Mat. Come, it seems to be pretty well over with him now. The constable has given him a jerk, and done his business.
Bottle. He's an excellent fellow.
Ponser. The best informer in the whole county.
Bottle. And must be well encouraged.
Ponter. He shall never want a licence, whilst / live.
Noodle. Come, shall we go to dinner f
Bottle. Ay—he'll never course hares again in this world. Gentlemen, the court is adjourned.
Composed hy Sam. Snivel, the parish clerk, proposed to be put, at Farmer Carter's expense, on the unfortunate malefactor's tombstone:
Here lie the remains
after an innocent and well-spent life,
was dragged hither, and
for a crime he never committed,
upon laws to which he was unamenable,
before men who were no judges,
found guilty without evidence,
and hanged without mercy:
that the spirit
of Turkish despotism, tyranny, and
after glutting itself with the conquest of
in British men,
has stooped at length to wreak its bloody
on British dogs!
Anno Dom. 1771.
Requiescat in pace!
This humorous "Trial" was written in consequence of " a real event which actually took place, in1771, near Chichester." The persons who composed the court are designated by fictitious names; but to a copy of the pamphlet, in the possession of the editor of the livery-day Book, there is a manuscript-key to their identity. The affair is long past, and they are therefore added in italics.
Mat o' the Mill— Challen.
O. Ponser—Bridger. It appears that " the actors in the tragedy were well known by their nicknames, given in Mr. Long's pamphlet."
Edward Long, esq. was called to the bar in 1757, and sailed immediately for Jamaica, where he, at first, filled the post of private secretary to his brother-in-law, sir Henry Moore, bait, then lieutenantgovernor of the island. He was afterwards appointed judge of the vice-admirally court, and left the island in 1769. The remainder of his long life was spent in England, and devoted to literature. Mr. Long's first production was the facetious report of the case of " Fanner Carter's Dog Porter." He wrote ably on negro slavery, the sugar trade, and the state of the colonies; but his most distinguished work is "The History of Jamaica,'' in three quarto volumes, which contains a large mass of valuable information, much just reasoning, and many spirited delineations of colonial scenery and manners, and is almost as rare as the curious and amusing tract that has contributed to the preceding pages. He was born on the 23d of August, 1734, at Rosilian, in the parish of St. Blaize, Cornwall, and died, on the 13th of March, 1813, at the house of his son-inlaw, Henry Howard Molyneux, esq. M.P. of Arundel Park, Sussex, aged 79. Further particulars of his life, writings, and family, are in Mr. Nichols's "Literary Anecdotes," and the "Gentleman's Magazine," vol. lxxiii., from whence this brief notice is extracted.
she did not utter certain impious words;" whereupon, of her own accord, she leaped into the flames. From this legend, St. Apollonia is become the patron saint of persons afflicted by tooth-ach.
In the "Hora; B. Virginis" is the following prayer:— „ d^ Saint Apollonia, by thy passion,
\J obtain for us the remission of all the sins, which, with teeth and mouth, we have committed through gluttony and speech; that we may be delivered from pain and gnashing of teeth here and hereafter; and loving cleanness of heart, by the grace of our lips we may have the king of angels our friend. Amen."
If her teeth and jaws in Romish churches be good evidence, St. Apollonia uipcrab . nded in these faculties; the
number of the former is surprising to all who disbelieve that relics of the saints multiply of themselves. A church at Bononia possesses her lower jaw, " which is solemnly worshipped by the legate;" St. Alban's church at Cologne also has her lower jaw—each equally genuine and of equal virtue.
Chronology. 1.555. On the 9th of February in this ye ir, Dr. Rowland Taylor, vicar of Hadleigh in Suffolk, one of the first towns in England that entertained the Reformation, suffered death there for resisting the establishment of papal worship in his church. The engraving beneath is a correct representation of an old stone commemorative of the event, as it appeared in 1825, when the drawing was made from it, by a gentleman who obligingly transmits it for the present purpose.
Besides the rude inscription on this old The lines are as follows: they were sup
*tone, as it is represented in the engrav- plied by the Rev. Dr. Hay Drummcm]
ing, there is another on a neat monument rector of Hadleigh.
Mark this ru !e Stone, where Taylor dauntless stood,
Nor taunts, nor bribes of mitred rank, nor stake,
Rowland Taylor was " a doctor in both the civil and canon lawes, and a right perfect divine." On induction to his benefice, he resided with his flock, " as a good shepherd abiding and dwelling among his sheep," and "not only was his word a preaching unto them, but all his life and conversation was an example of unfained christian life, and true holinesse: he was void of all pride, humble and meeke as any child, so that none were so poore, but they might boldly, as unto their father, resort unto him ; neither was his lowlinesse childish or fearfull; but, as occasion, time, and place required, he would be stout in rebuking the sinfull and evil doers, so that none was so rich, but he would tell him plainly his fault, with such earnest and grave rebukes as became a good curate and pastor." He continued in well-doing at Hadleigh during the reign of king Edward VI. till the days of queen Mary, when one Foster, a lawyer, and one John Clerk, of Hadley, "hired one Averth, parson of Aldam, a right popish priest, to come to Hadley, and there to give the onset to begin again the popish masse: to this purpose they builded up, with all haste possible, the altar, intending to bring in their masse again about the Palme Munday." The altar was thrown down in the night, but on the following day it was replaced, and the Aldam priest entered the church, attended by Foster and Clerk, and guarded by men with swords and bucklers. Dr. Taylor, who was in his study, and ignorant of this irruption, hearing the church bells ring, repaired thither, and found the priest, surrounded by his armed force, ready to begin mass, against whom he was unable to prevail, and was himself thrust, " with strong hand, out of the church." Two days afterwards, he was summoned by Gardiner, bishop of Winchester, to come before him at London, and answer complaints. His friends counselled him to fly, but Taylor determined to meet his enemies, " and, to their beaids, resist their false doings.'* He took
his departure amidst their weeping, "leaving his cure with a godly old priest named sir Richard Yeoman, who afterwards, for God's truth, was burnt at Norwich." On his appearance, bishop Gardiner, who was also lord chancellor, reviled him, "calling him knave, traitor, heretike, with many other villainous re
firoaches." Taylor listened patiently: at ast he said, " My lord, I am neither traitor nor heretike, but a true subject, and a failhfull christian man; and am come, according to your commandment, to know what is the cause that your lordship hath sent for me?" The bishop charged upon him that he was married. "Yea," quoth Taylor, " that I thank God I am, and have had nine children, and all in lawful matrimony; and blessed be God that ordained matrimony." Then the bishop charged him with having resisted the priest of Aldam in saying mass at Hadleigh. Taylor also admitted this, and, after stout dispute, was committed to the king's bench, where he spent his time in praying, reading the scriptures, writing, preaching, and exhorting the prisoners to repentance and amendment of life. There he found "master Bradford," whom he comforted by his courage. While imprisoned, he was cited to appear " in the Arches at Bow church," and was carried thither, and "deprived of his benefice because he was married." On the 20th of January, 1555, Taylor was again taken before Gardiner and other bishops. He gives a long account of his disputations with them on that and like occasions. They urged him, and others with him, to recant: the prisoners refused, and "then the bishops read sentence of death upon them."
After condemnation, Dr. Taylor was "bestowed in theClinke till it wits toward night, and then he was removed to the counter by the Poultry." On the 4th of February, Bonner, bishop of London, came to the counter to degrade him ; first wishing him to return to the church of