Abbildungen der Seite

Benefit of more frequent Assizes.

(Oct. ral knowledge, and an acquaintanee parties, and justice be better adminiswith the habits of thinking, the modes tered. of living, the prejudices, opinions, and If these great objects cannot be acmanners of every class of society, more complished by the present number of especially of the lower class, for amongst Judges, the addition of another Judge these most of the offenders against to each of the three principal Courts the laws are taken. He ought not to would perhaps enable these learned rest satisfied with that superficial know- personages to hold the Circuits more ledge of those matters which are ne- frequently, especially if three Judges cessary to enable him fairly to dispense were constituted a quorum in each justice, which is to be obtained from Court, as six Judges might be employthe reports of gaols and police officers, ed in travelling the Circuits even wbile the sources of the erudition of many of the Courts they belonged to were sitthose who have and do amuse them- ting; or while ihe Chief Justices were selves and the Courts where they pre- holding Nisi prius sittings, their twelve side, by the display of the fancied 'in- brethren might be employed. But, formation they possess in a manner perhaps, if some measure were taken which does indeed make the judicious to equalize the business in the different grieve.

Courts, by depriving the Serjeants in With the Benches of the different the Cominon Pleas, and the Attornies Courts of Justice occupied by able in the Exchequer of their exclusive Judges of from 40 to 50 years of age, privileges, and by the appointment of it will be possible to effect the holding iwo Judges to each Court to hold Nisi of the Circuits three times a year, prius sittings at the same time, the which is perhaps sufficiently frequent.

business which vow so heavily presses The term of imprisonment previous to on the Court of King's Bench, and trial would be considerably shortened: occasionally upon the Court of Comless opportunity would be afforded for mon Pleas, might be disposed of in compromising with prosecutors, or comparatively so short a time as to corrupting witnesses ; while the ex- leave sufficient leisure for the holding pense of holding the Assizes would be of the extra Assize. No doubt any nearly defrayed by the relief which measure of the kind would be most the Counties would experience in the strenuously opposed, not only by those maintenance of prisoners by the dimi- who possess the exclusive privileges nution of the period of imprisonmentalluded to, but even by the leading before trial, or afterwards, of those Counsel and Attornies of the King's under sentence either of imprisonment Bench; because if the number of cases or transportation.

in the different Courts were nearly The benefit, however, of more fre- equalized, much of the business which quent Assizes would not be fully per- now falls to their lot, would become ceived, if the practice in the late addi- the prize of the practitioners in the tional Assize in the Home Circuit be other Courts. But setting the consiadhered to, of disposing of the criminal deration of the public benefit likely to business only. Most certainly the issues arise from the measure aside, surely in civil cases ought also to be deter- the additional encouragement which mined. Much fruitless litigation would would be thus afforded to talent and thus be prevented ; nay, much fraud in ability in the profession, is no small the transfer or concealment of property recommendation. The present mowould also be prevented, because less nopoly would be abolished, and the opportunity would be offered for its sums now paid to a few of the leading commission. The great accumulation members of the bar, would be divided of business on the Civil side of the among a greater number of persons, Court in different Counties, frequently and we should hear of fewer instances compels the infliction of positive in- of elevation to the Bench being dejustice upon parties in these cases by clined on the ground that the rank the postponement of their decision till and emoluments belonging to the judithe following Assizes. If the business cial character were not sufficient to of the Assizes was properly arranged, compensate the party for the sacrifice of course there would be no more dif- of his income as a Barrister. Every ficulty in disposing of the Civil than of person who has considered Courts of the Criminal cases"; very great ex

Justice with a philosophic eye, must penses would thus be saved to the be convinced that Courts constituted as


The Censor, No. XVIII.

317 the English are, much of their charac- Florilegists were in greatest repute durter must depend upon the character of ing the sixteenth and seventeenth centhe Bar. Incapacity, ignorance, or turies, when trifles occupied the learneven corruption, will naturally with ed, and pretenders obtained the repudraw themselves from the scrutiny of tation of philosophers. Falgosius was an able, honourable, and well-inform- the first of this class, and Wanley the ed Bar. If, therefore, our other Courts last who deserves the praise of indusof Judicature were thrown open to the try; but the anonymous compiler of general practice of the Bar, we might this ponderous volume claims at least reasonably expect that the Courts of the merit of having introduced many Exchequer and Common Pleas would a strange exotic into his native tongue. speedily obtain a similar honourable Could inquisitive readers submit to reputation with that which is now en- be amused, or desultory ones to be joyed by the Court of King's Bench. taught, a work wbich embraces every That of the vast number of cases which abstruse question would appear to posnow bears so heavily upon the latter sess invaluable stores. But essays on Court, many would for the future be the difference between Paradise and taken for decision into the two others, Heaven, man and his degeneracy, and and two or more Judges of each Court the Devil in the serpent's shape, will being empowered to sit for the dise interest few except the malicious critic, patch of the Nisi prius cases at the who reads only to detect a fault. The same time, an opportunity would be compiler's philosophy is dubious, when, afforded for putting into execution the to the question, " Why man goeth upplan which has so frequently been right?” he answers, Experience urged, the holding of the Assizes more herein may be a present tutor, by any frequently, the administering of justice skin or bladder, which being throwne more speedily, and the elevation of into the water simply, and not yet Courts of Justice and of the members blowne up with ayre, which is ihe of the Bar in public estimation. breath of inan, it Aoateth lightly on Yours, &c.

R. H. the face of the water,"—forgetting that

all animals breathe!

Some of his theses remind us of the THE CENSOR, No. XVIII.

extracts from Suarez and Aquinas in “

THE Treasurie of Auncient and the Memoirs of Scriblerus, such as learned Collections, judicious Readings, can foretell things to coine, they havand memorable Observations, not onely ing no certaine knowledge ?" With divine, morrall, and phylosophicall, but all their defects, these writers possessed also poeticall, martiall, politicall, his- the art of softening difficulties, and of toricall, astrologicall, &c. Translated grasping conclusions which had esout of that worthy Spanish gentleman, caped many a literary disputant. Thus Pedro Mexio, and M. Francesco San- a topic which no scholar could apsorino, that famous Italian. As also proach without terror, in such hands of those honourable Frenchmen, An- becomes clear immediately; the lyre thonie Du Verdier, Lord of Vanpri- of Amphion, or the sword of Harlevaz; Loys Guyon, Sieur de la Nauche, quin, is the only comparison equal to Counsellor unto the King; Claudius the pen which produced the following Gruget, Parisian, &c. London, print- account: ed by W. Jaggard, 1613.” fol. pp. 965. “In Isaac's time began the raigne of

II. APXAIO-NAOTTO2. Contain the Argives in Thessaly; and in the dayes ing ten following bookes to the former of his sonnes Jacob and Esau, the Kings of Treasurie of Auncient and Moderne Cesta began their rule, the first whereof Times. London, printed by William was named Acris. Then in a short while Jaggard, 1619.” folio, pp. 977.

after, Joseph was sold by his brethren to When the first discoveries produced of Lybid travelled into Spaine, where he

the Egyptians. During this by the revival of Learning were past, beganne his government. And after him there arose a set of writers whose


were Hyver, Brigus, Taga, Beto, Gerion, ductions were of great disadvantage to

and divers others. Of their several raignes their successors, who selected what and jurisdictions there, Berosus, with sunappeared most remarkable in the works dry other well-approved authors, do make of others, without investigating the like mention. In this time was the city of authenticity of their collections. These Sivile first founded; and it is acknowledged


age, Hercules

The Censor, No. XVIII.

[Oet. in the world to be one of the most ancient, creation of the world (like as Homer, He as likewise is set down by Berosus and siodus, and Linus, borrowed their songs of others. It was first of all called Hispalis, sanctifying the seaventh day), from none according to the name of Hispalus, the else but Moyses. Many have sung the golden sonne, or (as others will have it) the ne- age and raigne of Saturne, having gathered phew of Hercules, who raigned worthily it from the most happy estate wherein there ; and it was hee that caused the first Adam was before he sinned.” B. 4, c. xvii. foundation thereof to be laide, and after built it in a comely manner.

Yet Isidore The following remarks on judicial contrarieth this judgement of Berosus, and Astrology would not hare disgraced saith that it was entitled Hispalis, because Aristotle or Hacon. They contain an it was erected in a very marish ground, and argument against planetary influence, that for their same security in building, they which a contemporary of Nostradawere compelled to drive great beames of mus must hare been hardy to advance: woode, trees, and stakes into the ground.

we say a contemporary, for such the But howsoever it was, the city of Hispalis original author in all probability was: was afterwards called Spain, as wee are cre: dibly informed by Trojus, Pompeius, Jus. To the planet named Saturne, they attine, and divers others. True it is that tributed sterility and mortality. To JupiJulius Cæsar did first call it Sivile, enno- ter, happy times and the beginning of life. bling it with great enlargement, making it To Mars, the cause of debates, garbolles, his chiefe colony and abode for bis Řo- and warre. To Soll, riches and treasures. maines, because it was (before that time)

To Venus, loves and marriage. To Mervery famous and noble.”. B. 2, c. ii. cury, eloquence and knowledge. To Lups,

the empire and command over humide macIn another chapter, the thesis “that And God (in all these thinges) was Orpheus, Homer, Pythagoras, Plato, counted as nothing, but even as the figure and other of the ancient philosophers filling up as empty place....... That this jaand poets, did read the bookes of diciary astrology is altogether a lyer, I will Moyses, and have taken many parti. take a little peiues to demonstrate ; for it culár points out of them,” is thus dis. affirmeth, that if any one be conceived cm cussed :


borge while such a starre or such a planet

raigneth, he shall containe the nature of “At such time as Pythagoras and Plato that starre or planet to him attributed. learned the sciences in Egypt, they would Esau and Jacob were first conceived, and (first of all) study the doctrine of Moyses, then borne, under one and the same planet, whose name (in those times) was in great for they were twinnes... ...Outwithstanding admiration through all Egipt, and out of they were both of very different natures.... his bookes they couceived the reason of God, As of a lady that was a Bordelois, that after to wit, of the first cause. After whom, Nu- five and twenty years past in marriage, had menius the Pythagorean wrote down in his two daughters at a birth. The one, at meet bookes many thinges concerning Moysiacall years for a husband (with much dislike of doctrine, as Basile the Great witnesseth ; her parents), became a religious Sister of and the same Numenius saith that Plato the Order of St. Clare. The other kept . was no other than Moyses, speaking in the shop of sin in an open brothelry. These Greeke language. Clemens Alexandrinus twu histories may suffice......Jn like manand Eusebius doe both say that the Gentiles ner, if you will but conferre together the received their greatest mysteries from the Almanacks of divers authors, you shall fad Jewes, wrapping and enfolding them in the no one of them to agree with another : fables. That of Deucalion was taken from whereby may be easily conceived the folly of the historie of the Deluge; the fixion of this judiciall Astrology, whichi ought not Phaeton from the retrogradation and going heneeforth to be tollerated in any Christian backe of the Sunnne, which was in the commonwealth.” Pp. 122-4. time of Ezekias. “ They that would behold the building of

To enumerate the curiosities which the Tower of Babell, which Nimrod and his

this volume contains would be impospertakers undertooke, meaning (by ladders)

sible*. We have glanced at its graver to climbe up into Heaven, and see what was topics, but it possesses attractions for done there, shall fiad it under certaine alle- every taste. To the philosopher, the gories, amply described in Homer, under poet, and the norelist, it offers an asthe fable of the giants Oetus and Ephialtes, sonnes to Iphimedia, where hee describeth * The second part is principally historitheir height and wonderfull greatnesse, and cal, and is embellished with engravings, how they would lay the mountaine of Ossa among which is a spirited representation of upon that of Olympus, and Pelion upon the English House of Lords. The transOssa. The poet Ovid, born in Sulmo, tooke lator, who still conceals his name, promises that which he singerla of the beginning and eleven additional books,

semblage lished


Fly Leaves, No. XXVIII. Walton's Lives.

319 semblage of subjects not to be found

Dr. Donne. elsewhere, onless in the classification Our moralist Isaae Walton relates ef Wanley ; nor eau the most careless little, and descants leas on this writer, reader turn over ils pages without-sus- until apparently arrived at the end of pecting much disingenuous conduct on the holiday of youth; nor was it within the part of later writers. The publick the task of the editor of the new edi. is still supplied with Miscellanies in tion to supply the deficiency. No various forms, whose narratives may apology is therefore to be found for the frequently be traced to these reposito- gay and airy shimes of his muse when, ries. That they are in every way cat in her wanton moments, she scattered calated to delight, must be acknown with thoughtless indifference (probably ledged; bat the student, whose means in tera time among his brother rem and opportunities enablé him to con- vellers of Temple-hall) the record of solt original productions, should open some passing cyent, in order to secure soch volames with caution ; for, dot- ephemeral fame. On every occasion withstanding the pleasure they impart, posthuinous publications cannot be too they cannot confer the most essential cautiously received, and a production oné, a fair probability that he is read- of indefnite character is entitled 10 ing the truth.

stronger proof than that of authorsbip,

to show when written it was ever inFLY LEAVES. No. XXVIII. tended to stalk in print. Public curiWalton's Lives.

osity too commonly induces an Editor THE spirited Mr. Major has ful- unsparingly to give all wat can be oul

filled his engagement, and pub. lected of his author, thereby preservlisted in a convenient sized octavo ing unimportant trifles and ibe fringe volume the interesting lives compiled of the times, which an unbiassed judgby honest Isaac Walion. It is richment would fitly neglect and leave to in engravings, with appropriate xylo- waste in the desart air. Of lonne it graphic accompaniments, as might be were enough to remark, that he never expected from the praise-worthy libe- printed his poems, and that his excess rality of such a publisher. The vo- of fancy was not beyond the license lume will rauk far beauty of execution and fashion of the young and gay of beside works of greater impart, and his own period; for it is not probable prove a covetable gem to the biblio- any such lucubrastic composition apmanisc, whose judginent, however fast peared after once entering as a divine bound to the editio princeps, seldom the pale of the Church. Had he winfails to secure modern copies when nowed the scandings of his muse, and appropriately embellished and recom- collected with his name what he deemmended, like the present one, by the ed worthy to be owned, even the chaff appendage of notes. A few years since might then have been preserved from the same lives * appeared in that re- his popularity, as I possess a manupellant form a tremendous quarto. So script volume, contemporary with the ihere is lately put forth the diaries of time of the author, written in a fair Erelyn and of Pepys in a Tike size, Italian hand, with the precision and which convenience can seldom sup

care of a female, containing a very ply with a resting place. Omitting in large proportion of his poems, and inibis reading age the forced contraction cluding with those above alluded to, one of the book-rooms in the toetropolis, of the same character never get printed. do our bulky publishers ever visit the

Sir Henry Wootlon. resident scholars at the Universities, If a judicious editor were to bestow and pry into the closets, examine thetri bis attention on the Reliquiæ Woottuangling corners and temporary shelves, nianæ, and furnish a limited impression, bending with nodern and ancient it could not be otherwise thao well reworks, and never reflect that literary ceived. Wootton wrote prose with men ought, like mechanics, to have the freedom of a gentleman, and verse serviceable and not costly tools sup- with the inspiration of a poat. The plied as a matter of public expedience. extent of his claim in the latter cha

racter has never yet been critically exA fly leaf memorandum of the late amined. It seeins impossible to be Mr. James Boswell states, that his father lieve hin the Henry Wouttou før “bad an intention of publishing a new

whom was licensed to Henry Bynneedition" of the Lives. Rodd's Catalogue,

man in 1578, “A Courilie Contro. 1825, part ii. p. 297.

uersie of Cupid's Cautels,” and pub.

Letter of Dr. Samuel Johnson.

[Oct. lished in the same year. The merit portant American cause before the of that amatory production is not very Lords in Council. He received the extraordinary, but as Wootton could degree of doctor of civil law from the not be then more than ten years old, University of Oxford, and this circumif his biographers give his age correctly, stance, together with the accidental it would infer a more than usual pre- similarity of name, recommended him cocity of talent ; at the same time, it to the acquaintance and friendship of remains to be remarked, no mention Dr. Samuel Johnson. Several letters is any where made of another Henry passed between them, after the AmeWooiton to whom that work can be rican Dr. Johnson had returned to his confidently assigned. His powers as native country; of which, however, it a poet has been critically touched is feared thai this is the only one reupon, in a Memoir of Wollon, from the maining. interesting pen of Sir Egerton Brydges, Letter from Samuel Johnso, to W. S. and passingly by other writers; but the Johnson, LL.D. Stratford, Connecticut. research of an editor, industriously

“SIR,_Of all those whom the various disposed, could not fail to relieve this accidents of life have brought within my question from its present indecision.

notice, there is scarce any man whose acThe following is a dedication of the quaintance I have more desired to cultivate Elements of Architecture, 410. 1624, with neglecting me, yet our mutual inclina

I cannot indeed charge you written on the fly leaf of a presenta- tion could never gratify itself with opportion copy from the author.

tunities. The current of the day always “ To the right Honorable the Earle of bore us away from one another, and now the Middlesex, Lord High Thresover of England. Atlantic is between us. “ My Lord,

“ Whether you carried away an impression “ I humbly present ynto youre Lorde of me as pleasing as that which you left me this Pamphlet : printed sheete by sheete as of yourself, I know not; if you did you have faste as it was borne, and borne as soone as not forgotten me, and will be glad that I do it was conceived : So as It must needes not forget you. Merely to be remembered, haue the imperfections and deformities of is indeed a barren pleasure, but it is one of immature birth besides the weaknesse of the the pleasures which is more sensibly felt as Parent. And therefore I could not allowe human nature is more exalted. it so much fauour even from myself as to “ To make you wish that I should have thinke it worthie of dedication to any. Yet you in my mind, I would be glad to tell you my long deuotion towardes y Lordp and something which you do not know: but all your owne noble love of this Art which I public affairs are printed ; and as you and I handle, doe warrant me to intertayne you have no common friend, I can tell you no with a Copie thereof. And so I rest private history. Your Lordps ever

“ The Government, I think, grow stronger, deuoted servant

but I am afraid the next general election henry Wotton."

will be a time of uncommon turbulence, rio

lence, and outrage. Let it be hoped Mr. Major will find

“ Of Literature no great product has apo sufficient encouragement to give a series peared, or is expected; the attention of the of works according to the specimens people has for some years been otherwise of Isaac Walton. Eu. Hood.


* I was told a day or two ago of a design

which must excite some curiosity. Two Letter of Dr. Sam. Johnson. ships are in preparation which are under the (From the New York Review.)

command of Captain Constantine Phipps, to

explore the Northern Ocean ; not to seek TE

of enriching our pages with an but to sail directly north, as near the pole as original and very characteristic letter they can go. They hope to find an open of the great Author of the Rambler. ocean, but I suspect it is one mass of perpeIt was written to his namesake, the tual congelation. I do not much wish well late William Samuel Johnson of Con- to discoveries, for I am always afraid they necticut. This eloquent and excellent will end in conquest and robbery. mau spent several years in England, but am grown better. Can I never hope to

« I have been out of order this winter, about the middle of the last century, as the agent of the Colony of Connec- to tell you, that in another hemisphere I am,

sec you again, or must I be always content ticut, and acquired high reputation Sir, your most humble servant, among the most distinguished political

« SAM. Johnsox. and professional men of Great Britain, “ Johnson's Court, Fleet Street, by his able management of an im- London, March 4, 1773."




« ZurückWeiter »