composed of Spanish guards, Swiss, people with religious sentiments and and volunteers of Aragon, unexpec- in leading them on to danger, that the tedly made their entry into the city, General has placed him in a situation under the command of the brother of where both his piety and courage may the Captain-General, Don Francisco continue to be as useful as before; Palafox. and he is now both captain in the army and chaplain to the commander. in-chief. A council of war that was held on the 8th, came to the following evermemorable resolves,-" that those quarters of the city, in which the Aragonese yet maintained themselves, should continue to be defended with the same firmness which had hitherto been so conspicuous; should the enemy at last prevail, the people were immediately to retire by the bridge over the Ebro into the suburbs, and, having destroyed the bridge, to defend the suburbs till they perished." This resolution of the General and bis officers was received by the people with the loudest acclamations. For eleven successive days the most sanguinary conflict was continued from street to street, from house to house, and from room to room, (the enraged populace always gaining by degrees upon the disciplined troops of the French) until the space occupied by the enemy was gradually reduced to about one-eighth part of the city. One character which developed itself during the siege of Zaragoza must not be overlooked in this narrative. In every part of the town, where the danger was most imminent and the French the most numerous, was Padre St. Iago Sass, curate of a parish in Zaragoza. As General Palafox made his rounds through the city, he often beheld Sass alternately playing the part of a priest and a soldier; sometimes administering the sacrament to the dying, and, at others, fighting in the most determined manner against the enemies of his country: from his energy of character and uncommon bravery, the commander-in-chief reposed the utmost confidence in him during the siege: wherever any thing difficult or hazardous was to be done, Sass was selected for its execution; and the introduction of a supply of powder, so essentially necessary to the defence of the town, was effected in the most complete manner by this clergyman, at the head of forty of the bravest men in Zaragoza. He was found so serviceable in inspiring the The spirit displayed by the men was seconded in the most admirable manner by the women of Zaragoza. The Countess Burita, a lady of greatrank in that country, formed a corps of women for the relief of the wounded, and for the purpose of carrying provisions and wine to the soldiers: niany persons of the most unquestionable veracity in Zaragoza declare that they have frequently seen this young, delicate, and beautiful woman coolly attending to the duties she had pre scribed to herself in the midst of the most tremendous fire of shot and shells; nor were they even able to perceive, from the first moment that she entered into these novel scenes, that the idea of personal danger could produce upon her the slightest effect, or bend her from her benevolent and patriotic purpose. The loss of women and boys during the siege was very great, and fully proportionate to that of men; in fact, they were always the most forward; and the difficulty was to teach them a prudent and proper sense of their danger. During the night of the 18th of August, the French fire was particu larly destructive, and when their batteries ceased flames were observed to burst out in many parts of the buildings in their possession; and on the morning of the 14th, to the great surprise of the Aragonese, their columns were seen at a distance retreating over the plain, on the road to Pamplona. Their departure had probably been hastened by intelligence that the Junta of Valencia had dispatched six thousand men to join the levies in Aragon, destined to relieve the capital. Thus terminated the siege of Zaragoza, which, whether it be considered with reference to the superiority of the means of annoyance in possession of the enemy, to the utter incapability of the place to resist a regular and continued attack, to the instances of collective and individual courage, to the patience and heroism of its defenders, to discriminate decidedly between of either sex and in every situation what is his own and what he has of life, can be deemed second to none transplanted. In short, intentional recorded in the annals of ancient or plagiarism, in an author of genius, I modern times. believe is very rare: for, admitting It is a very singular fact to add, that that any image of his predecessors or though the writer of these few pages contemporaries were so beautiful or saw in Zaragoza many a parent who so striking that he resolved to adopt had lost his children, and many a man it in his own writings, yet pride would reduced from competence to poverty, stimulate him to acknowledge his he literally did not meet with one loan. human being who uttered the slight- If this, ever, be true, it does est complaint; every feeling seeined not diminish he pleasure that may to be swallowed up in the memory of be derived fruncing affinities of what they had recently done, aud in expression and through different just hatred of the French. writers, and there, perhaps, you will not reject the following. a PARALLEL EXPRESSIONS in GOLD- Young, in his Night Thoughts, (Night IV.) says, "Man wants but little nor that little long " And Goldsmith, writing his Hermit Man wants but little here below, I T is pleasing to trace the progress of thought through different minds; and to consider wat has been the effect of accident, and what the effect of design. I know there is much difficulty in affirming what is absolutely plagiarism or imitation; Now I do not think that this coand, where thoughts have nothing incidence is purely accidental, but am peculiar in them, it is just to believe rather inclined to believe, according that they may have arisen spontane- to the suggestions above stated, that ously in different minds. To esta- the expression of Young being famiblish plagiarism (I mean intentional lia to Goldsmith, he used it without plagiarism) is still more difficult, for any recise consciousness that it was an author of genius is generally proud not ginal. If any of your readers enough to disdain the idea of being can point out a source stili higher, it indebted to others for his thoughts. will then destroy Young's claim to When, therefore, a striking similarity originality; and should that source is found, between two writers equally be an obscure one, and not likely to celebrated, it is highly probable that be familiar to the author of the Night no direct imitation was intended by Thoughts, it would be a strong prethe one who is posterior in point of sumption in favour of accidental cotime: because, to borrow from an incidence. author of much celebrity is so certain a way of being detected, that there seems to be no adequate inducement to the act. It is more consistent to believe, that a mind, familiarized with the best productions extant, may have insensibly incorporated the images of others with his own thoughts, and In tears, for grief lay heavy at his heart. that, when composing, these images This last expression was surely sZhave presented themselves to his mind as original, or, at least, that gested by the following in the He only a very indistinct conception of mit :their not being so is existing in the writer's belief. I believe it is a common feeling with a man who has read much to be unable, sometimes, While on this subject I will also notice an imitation of Goldsmith's ballad by Dr. Beattie in the Minstrel, B. II. St. 22:-- "Silence ensued, and Edwin rais'd his eyes But nothing could a charm impart If these trifles of an idle moment it seems to be universally agreed, that are worth your notice, they are quite at your service; and I remain, &c. Walthamstow, March 4, 1809. a poet, whose play is in suspence, suffers an exquisite anxiety. You must cautiously guard against imX. Y. patience and fretfullness. Remember, that whoever has the power of conferring advantages, is a man to be courted by those who wish for the advantages which depend upon him. I flatter myself that Mr. Garrick may receive your play; but, if he should not, you must not despond. By attending upon the theatre, you may learn all that art of the stage, of which I am ignorant, but which I do believe is necessary to produce a successful dramatic performance. Two ORIGINAL LETTERS from SIR, Edinburgh, 25d Sept. 1771. YOU must not condemn me too In the mean time, I am happy that hastily, though appearances are against the other things are doing so well me. I wrote to Mr. Garrick in favour with you. The Critical Review's apof your tragedy, at the very time when probation of your Lusiad will, I am you first wished me to do it, this year. persuaded, be of service; and I proThat letter was written before your's mise you I shall exert myself in came to my hands. It was a spon- Scotland; though I must observe, taneous application. Since receiving that there is a coldness as to subboth your last, I have again written scriptions in this part of Britain, that to Mr. Garrick; and, for your satisfaction, I transcribe the paragraph concerning you. "Permit me now, my dear Sir, again to recommend to your patronage, Mr. Mickle's tragedy; which, I rejoice to hear, has now passed through the hands of both the Wartons. By encouraging Mickle, you will cherish a very worthy man, and, I really think, a true poetical genius. Let me add, that your goodness to him will be an additional obligation to your humble servant; who will venture to say, that you have never had a warmer and more constant, or a bolder, admirer and friend, at all times, and in all places, than himself; though you have had multitudes, of greater distinction and abilities. All these things considered, I would hope that Mr. Mickle, who has waited long in the anti-chanber, will soon be introduced, and not be shoved back by others who are more bustling and forward." is really discouraging. Mr. Kincaid Your very sincere friend, You see, Sir, that I am a faithful advocate for you. I hope I shall catch the mollia tempora fandi to Roscius. The season is always good, when he I formerly mentioned to you, that whom you solicit is in good hu- the scene in which I wished to be mour; and I hope my compliments, placed in the apostrophe which you which I assure you are sincere, will was so good as to promise, was at the have a genial effect upon his mind. romantic seat of our family AuchiuI own, I feel for your situation; for leck. I gave you a few circumstances; of our river Lugar. I said it was the black water; whereas I find it 'the short water.' Since Paoli stood upon our old castle, it has an additional dignity:-I wish you had seen him there. I enclose this to my friend Mr. Dempster, to whom I recommend the Lusiad. but I was mistaken in the etymology author of a novel entitled 'The Man of Feeling.' So that I should doubt if Mr. Digges could bring on your play next winter: and when that is over, his lease expires. At any rate, its being acted here could yield you little profit; and only serve to usher it better into print, supposing it to succeed. However, as I have already said, I shall be ready to give my best assistance. I still hope Mr. Garrick may receive it; and then, you are safe. Edinburgh, 24th Sept. 1772. DEAR SIR, IMAGINING strongly what must be the anxiety of an author who I am delighted with the description has a tragedy in dependence, I feel of your present retreat. The circumhow much you may blame me for stance with regard to Milton, must not answering your last more expe- poetically consecrate your apartment; ditiously. The truth, however, is, that and I promise the public and myself I have, in the mean time, written again the advantage of having more than to Mr. Garrick on the subject of your usual fire thrown into the English play. From the recommendations Lusiad. Persist in that great workthat it has had, I am sure that he will and then, let not the Prospects be forgive it a fair and even a favourable gotten. You may remember I told trial; and if, after all, he brings in you that I was wrong in the explahis verdict unfit for the stage,' I nation of the Celtic name of our river should be apt to acquiesce in his de- at Auchinleck, the Lugar. It signities termination; because I look upon him not the black, but the short river or as the very best judge, and am per- water. suaded that, in this case, he must rather be partial on the side of the play. I delivered your message to Mr. Creech. I am fond of your poem on the Parliament Close*. With sincere wishes for your suc Dear Sir, As to bringing it on at Edinburgh, I would have you first consult seriously with your literary friends, whether cess and happiness, I ever am, it would be most adviseable to risk that, after its being refused by Mr. Garrick; and whether it would not be safer to print it by subscription as a Dramatic Poem; for, as such, I dare say Mr. Garrick, even supposing him to reject it as a Play, must allow Your very humble servant, For the Universal Magazine. AFFAIRS. it great merit*. If, however, you On the MISMANAGEMENT of PUBLIC should resolve to endeavour to get it acted here, I shall be ready to put it into the hands of Mr. Digges, the pre- SIN INCE writing my last letter (see sent manager, and get his opinion of Dec. p. 487) on the mismanagement it with all expedition. I say opinion; in transacting business in public debecause I know, from an instance that partments, I have been informed of occurred last winter, that respectable solicitation will not make him bring on a play which he himself does not think will do. I must also tell you, that Mr. Digges has already engaged to bring on one tragedy next winter. I think it is called the Prince of Tunis. It is written by a Mr. Mackenzie, the See a letter from Mr. Garrick to Mr. Mick e, Sim's Life of Mickle, p. xliv. UNIVERSAL MAG. VOL. XI. method by which men either ignorantly, or wilfully evade statutes and oaths, in defiance of all that our ancestors have done to keep them in the straight path of duty. This will ever be the case, where innovations, to * Now republished in Sim's edition of Mickle's Poems, with considerable alterations and additions by the author, under the title of A Night Piece." 2 F promote the interest of individuals, any slight punishment, and then be are winked at; for when they are discharged, are obliged to pay twentyonce introduced under the fostering six shillings in fees before they can hands of men, their natural progress have their liberty." Are the courts is from bad to worse. It is a melan- rigid in one instance, and remiss in choly truth, that every law however the other? Or, if the fines and forsevere, every system however pure, feitures be received, into whose hands and every station however exalted, is are they paid, and who should be acliable, in an age like the present, to countable for them? suffer by that destructive innovating spirit, which, if not speedily checked by the powerful arm of the law, will pervert the constitution, overturn the established religion, and introduce an enthusiastic rant for a rational wor ship have already mentioned, in a former Letter, that it might prove a curious investigation to trace, step by step, the methods which have been adopted to evade the estreating of fines and forfeited recognizances into the exchequer; but as the general scheme has been unfolded to me by a person conversant in the practice, it will answer every purpose for information. I am informed, that there is an estreat writ yearly issued from the exchequer, addressed to the sheriff of a county, to pay in the fines, amerciaments, and forfeited recognizances, which is sent to the office of the under sheriff in London; and from thence it is forwarded to the deputy in the country, to procure the returns from the records. The general return is, either that the parties have no goods, or non est inventus. By this ingenious innovation, which is probably of some standing, and become general, both the statutes and the oath are evaded, and they remain a dead letter. In every place where regular sessions of Oyer and Terminer are held, there will frequently be fines and forfeitures; neither can it be supposed that every culprit should be without some fixed habitation, and the sureties are answerable for forfeited recognizances. All fees of court are carefully attended to and if the fines and forfeitures, due to the king, are not received, it is making the trial a mere farce. Sir Richard Phillips, in his Letter to the Livery of London, says, " Those petty offenders who are sentenced to pay a fine of a shilling, or to suffer The general return of Non est inventus from one county has recently been refused, and a particular one required, which produced one hundred and thirty-five pounds, to be paid into the Exchequer, although the parties were before destitute of goods, or not to be found. Our ancestors, from the days of Alfred, took particular care to make suspected persons find sufficient security for their good and peaceable behaviour; so did they rigidly inflict the penalties, till innovations introduced a new mode of practice into our courts of law. We do not now hear any thing of frankpledge, nor of the king's bailiff sitting with the magistrates on the bench to receive the fines and the amerciaments due to the king, arising from the various indictments in the different courts of judicature, as the statutes, already mentioned in a former letter, have been considered as a sufficient security for them; but there is reason to conclude that they have always proved so. Has the keeper of the papers in the king's remembrance office in the exchequer a discretionary power of refusing to receive the general return of non est inventus, without the legal voucher, the oath, to authenticate it? Surely they, who sign the return of the estreat-writ, ought to be answerable for every omission. If we have persons employed to hunt after an increase of the revenue, why should they not look into this department? They are searching after income, horses, hair powder, servants, carriages, carts, and dogs, and why omit this source of revenue arising from fines and forfeited recognizances?— Perhaps there would be as much profit produced from it as from the of fice for searching into the situation of residuary legatees, when the expense is considered for carrying on this new institution. |