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fate of his religion, and his strong bias in favor of every thing that is Roman Catholic. He even entertains hopes of the success of the impossible project of uniting the English and Roman churches. Very many of his publications have related to these subjects; and his interest in the Catholic question appears to have carried him so frequently to the gallery of the House of Commons.

Of the Letter on Ancient and Modern Music, it is unnecessary to say any thing; it will be interesting only to the initiated; and on this subject even a reviewer may be permitted to acknowledge profound ignorance.

Tales of a Traveller, Parts III. and IV. By Geoffrey Crayon, Gent. Author of "The Sketch Book," " Bracebridge Hall," "Knickerbocker's New York," &c. Philadelphia. 1824. 8vo.

rated description of it, or, at least, to dwell before he visited the scenes described; for on it with an undue degree of fondness. A he has shown a remarkable insensibility to little travel is as dangerous as a little learn their most striking and interesting characing; and a deeper draught of it is as effica- teristics. We know how soon the newcious in sobering down the intoxication of ness of travelling wears away, and the exthe first taste. If Mr Irving had seen citement of the imagination gives place to France, Italy, and Switzerland, before writ-weariness and almost to disgust. Besides, ing about England, there would not have what is it gives fervor to the fancy, and inappeared in these writings, as we think terest to the observations of a traveller? It there now does, a marked inferiority to his is, that he is a stranger and a sojourner; other productions. He would not have that all around him is new and foreign, and twaddled about Roscoe and the green fields that he connects all this with the recollecand Christmas holydays of England, in a tions and feelings of a dear and distant style so much below that of the legends and home. But there is nothing of all this in descriptions of the New Netherlands. We the practised traveller; his observations do not mean that England is not highly are without enthusiasm or association. One worthy of the attention of the traveller in who travels to furnish his imagination with search of the interesting and beautiful, materials for its creative powers, should whether he chooses to observe the scenery travel fast, and not long. He should not or the people, as well as the country of all stay in any place until the homeliness of reothers the most advanced in the arts of life.ality breaks through the poetical mist that Perhaps it is only because it is so much hangs so beautifully round a strange land, in many points like our own, that it is not, nor continue his wanderings long enough On the whole, we are not satisfied with on the whole, entitled to a decided prefer- to familiarize his mind to strangeness. He these Tales. Some of them, indeed, are ence to every other in the eyes of the Amer- should do just the reverse of what might be quite respectable as productions of a light ican traveller. But, whatever be the en- recommended as the best mode of travelkind of literature; but, some how or other,' thusiasm with which the sea-sick stranger ling for information; for, as soon as he can as Dolph Heyliger says, the public have touches the shore of England, where he finds find his way well about a city, it is time for been led to expect better things as the re- himself for the first time in a foreign land; him to be gone to another; and whenever sult of Mr Irving's travels. It was some- a land of interesting recollections, and unhe begins to collect facts, it is high time for time since announced, that he was on the equalled verdure and beauty-let him ob-him to go home. No doubt, many of our continent, collecting materials for a new serve it well indeed, and treasure up the readers would think such travelling a clear series of publications, and every body ex- feelings it excites, for they can never be waste of time and money; but all have not pected to be delighted with such tales as excited again; but let him restrain the ex- the same tastes, nor the same paths of life; he could pick up, or invent, among scenes pression of his enthusiasm until he has and what would be idleness and trifling in of which every traveller reports new won- passed on to still stranger lands, where the some, is solid improvement to others. If ders, and which seem to increase in inter- modes of life seem to have had a distinct imagination was not given us in vain, we est by the lapse of every year. We do not origin, whose antiquities are of a higher have as good a right to devote ourselves to charge Mr Irving with having spread this class, and where, above all, a foreign lan- the cultivation of that faculty as of any expectation; for we are sure that he must guage throws a new bue over the whole other; and the feelings and images brought have been annoyed by being thus forestall- picture of man, and gives a new character from Europe by one traveller, may be as ed by the imaginations of his readers, and to all his thoughts and feelings. He will valuable, at least to himself, as the facts prevented from coming out before them know better how to speak of England accumulated by another. with the advantage of surprise. He knows without insensibility, and yet without exthat his name is established, at least for the travagance. He will then remember, present, and that he needs not the aid of perhaps as vividly as ever, the delight such annunciations to excite the public in- with which he first trod her shores; and terest. And he must know too, that it is will often, at least if he saw it under as faprejudicial to a popular author to have it vorable circumstances as we did, recur to known what he is about long before he ap-it as to a fairy tale of his childhood. But pears in print; unless, like the author of he will not find that his deepest or most Waverley, he can open to his readers a deep-valuable impressions were made there; he er source of interest by combining the value of history with the pleasure of fiction.

will find that he has learned more of man
and his own heart, in countries where the
strangeness of manners and language has
kept him at a little distance from the scenes
he surveyed; and that his comparative
lonelines there will have fixed deeper in his
imagination all that is worth remembering
of what he has seen.

Nor would we be understood to suppose that these tales are really the principal fruits of Mr Irving's travels, or that to collect materials for them was his main object. We have no doubt that he had other, and much higher views; and if these publications do no more than defray the expenses These are our own notions of the matter, of his journey, the time will not have been and derived from our own experience; but lost on his reflecting mind and feeling we confess we do not find them confirmed as heart. The public will receive the benefit much as we could wish by any superior exof it in his future writings more than in cellence in Mr Irving's tales of the contithese; for the general effect of travel on nent. We must except them from our the taste and imagination, is of more im- remark on the inferiority of his English portance to an author than the materials he Sketches, for we do not think them gencollects. Indeed, we think it a pity that he erally so good; at least, those are not did not visit the continent before he pub- which particularly relate to the continent. lished his English Sketches. The first for- And we sustain our theory, and account eign land we see, excites us so much that we for this falling off, by supposing it to proare exceedingly liable to give an exagge-ceed from his having been too long abroad

We have said that Mr Irving appears to be insensible to the interesting characteristics of the countries through which he has passed. We mean to apply the remark particularly to Italy; for we confess we should be at a loss to point out many good subjects for him in France; and should be unwilling to see him deeply interested in so unpoetical a people as the French. But here is a whole Number about Italy, the land of all that is most noble in art, most magnificent in ruins, most sublime and interesting in history, and most picturesque in scenery, and in the modes of actual life. And what has Mr Irving given us of all these? A rareeshow of postillions in jack-boots, stout English gentlemen, vulgar English women, a talkative landlord, ferocious robbers, and a coquetish Signora,—but little of scenery, and not one word of art, ruins, or recollections. We begin at Terracina and end at Fondi, two of the most miserable villages in Italy, separated by a poste and a half of wild shore and mountain scenery indeed, but interesting for nothing else but the rogues that infest it. And this is all we have of Italy. What Mr Irving has told us here, is very well in its kind, but not what we expected, nor the best that might fairly be expected from his visit to Italy. We are

aware that our author cannot reasonably be | Dragoon;" the indelicacy with which that the shortlived wonder of a stranger, and he expected to be always doing his best, more is slyly smothered in the description of has caught little of the spirit of France or than a lawyer or a preacher; but like Dolph Heyiiger's mistress, which might Italy; but among the old Fraus and Mynthese, we expect him to rise with the occa- have been said openly without any breach heers, he seems as if he belonged to their sion; and, surely, Italy might have suggest- of propriety; and finally the shocking story age as well as country. His feelings soften ed better subjects than its vagabond popu- of the " Young Robber," where a scene the and his humour brightens, as he approaches lation and insignificant travellers. Let us be most revolting to humanity is twice unne- them, and all nature puts on a quiet and understood; we should not complain of cessarily forced on the reader's imagination. peculiar grace in harmony with their charthese things if we had reason to expect the We say unnecessarily, for how much more acters. others. But as Mr Irving has in the fourth truly tragical, as well as more decent, would number turned short round upon America, that tale have been, if the scene where Rowe presume he means to give us no more setta is left alone with the Captain had been of Italy; and if so, we take leave to say he omitted; and the "lot" had fallen on the has not given us the best of it. We won- unhappy lover who was so soon to be her der at this, indeed, more than we com- executioner. And yet these horrors are the plain of it; for we admit we have no right only incidents of the story to which we are to select subjects for him; and though indebted to Mr Irving's invention; at least, speaking in the plural number is the pleni- we have heard the tale ourselves, the same tude of our power, the only sanction we in every thing but these particulars. We could annex to our decrees, would be a hope not to be thought squeamish on threat not to buy or review his books; this subject; for we believe we have as which he well knows we neither care nor classical a taste in rude nature as is necesdare to perform. sary in literature or the arts. We appreWe like the model of these tales very hend that it is the part of true delicacy to much. Like “ Bracebridge Hall," they look on nature dressed and undressed, with consist of distinct stories strung together on equal eyes. But we like neither jokes nor a slender narrative that runs almost unper- horrors built on such subjects. And why ceived through the number, and is of little is it that this fault has grown so much upon other use than to introduce and connect Mr Irving since the publication of the the episodes. This gives us the pleasure "Sketch Book," which contains, as far as and variety of short stories, without the we remember, no traces of it? Can it be formality of separate introductions. Thus, because that publication was addressed to the third number is made up of a descrip- the American public, and his subsequent tion of several parties of travellers meeting works to the English! We have no doubt at an inn in Terracina, who hear and tell that the standard of delicacy is higher in various stories, and are robbed and rescued our country than in England; but we should on the way to Fondi. The main story oc- be sorry to think that Mr Irving is willing cupies about forty out of a hundred and to owe any popularity in that country to the thirty-five pages, and is altogether the least greater laxity of its manners. He has interesting part. Much depends, in this been cordially received, and almost adoptway of writing, upon the adroitness with ed there, but we trast he will still rememwhich the adscititious stories are brought ber the country of his birth and education, in; and we cannot say that Mr Irving is in all things in which she can claim a supealways happy in this. Too many of them riority, as we think she can in this. We are read from manuscripts accidentally consider this much more than a mere matin the possession of the principal person- ter of taste. Mr Irving needs not to be ages, or are introduced by some phrase told, that to debase the literary taste of a equivalent to the "that reminds me" of a country is no small step towards corrupting confirmed story-teller. its morals. But we take great pleasure in bearing our testimony to the correct and valuable tendency of his writings in every particular but this; and even of this we should have spoken, perhaps, too harshly, did we not point our remarks rather at the nature than the degree of the offence.

The next remark we have to make on Mr Irving's tales is a very serious one. We are bound to charge him with the vulgarism of indelicacy. This is a fault which seems peculiarly out of place in him; for he must owe any rank he may hereafter hold in our literature, to his refinement rather than to his strength. All his writings display a delicacy of perception that seems incompatible with a gross taste; but it is not only a gross, but a vulgar taste, that can be gratified by printing a coarse joke. Such things will pass through the minds of the most refined, and may sometimes slip out in conversation, and leave no stain behind; but it is a very different thing deliberately to put them down in irrevocable print, for the private eye of the young and innocent. If the truth of the charge be denied, we refer for proof of it to the description of the comic shape of the Strolling Manager's Clown; to the indecency drowned in the crack! crack! of the postillion's whip at Terracina; the innuendoes in the "Bold

It is probably not known to all our readers, that "The Painter's Adventure" is, in the main, a true account of what befell an artist in the employment of Lucien Buonaparte a few years ago; and that "The Young Robber's Tale” is founded on a story that was actually told him by one of the gang that carried him off.

The fourth Number returns to the banks of the Hudson, ground on which Mr Irving is always successful. His tales of the New Netherlands, of the queer simplicity of the ancient inhabitants, and their odd and wild superstitions, have the life and freshness of pictures from nature, with the mist and mellowness of age. To us, all his European sketches were cold and tame in comparison with these. His enthusiasm for England is

A Summary of the Law and Practice of
Real Actions; with an Appendix of
Practical Forms. By Asahel Stearns,
Professor of Law in Harvard University.
Boston. 1824. 8vo. pp. 528.
An Essay on the Law of Contracts, for the
Payment of Specific Articles. By Dan-
iel Chipman. Middlebury. 1822. pp. 224.
THE first of these valuable works is a strik-
ing instance of the indirect utility of our
literary institutions. They gather able and
learned men, and lay upon them the charge
of educating the youthful and growing
minds of successive generations. If this
duty be well performed, such institutions
abundantly sustain their claim to public
protection; but when these more direct and
immediate uses are efficiently discharged,
other duties of a collateral nature, but per-
haps neither less imperative, nor less im-
portant, can scarcely be disregarded. The
instructers have not only sufficient leisure,
and all literary facilities allowed them, that
they may learn, but perpetual acquisition
and improvement form-or should form-
the actual tenure by which their offices
are held; they must learn, that they
may teach. It is easy for an instructer to
know more than it is necessary that his
pupil should learn from him; but he who
gives himself heartily to the business of ed-
ucation, will strive to keep up with, and to
aid the progress of thought and knowledge
in the world; to enlarge the extent, and
increase the utility of that measure of
knowledge which his pupils may acquire,
and to make the discipline to which they
are subjected, more efficient and profitable.
Moreover, the collision of various minds
strikes out from all more light, and gives
to all more warmth; and scholars, who are
connected together as are the officers of a
college, and who love their duty, and wish to
perform it faithfully, while they perpetually
become better able to discharge this duty,
can hardly fail to accumulate stores of use-
ful thoughts or profitable learning, that
cannot be wholly expended upon their pu-
pils; and it would be their duty to impart
these stores to the public. In England and
on the continent, many of the most valua-
ble works published, are written by persons
connected in some way with the Universi-
ties. We hope Professor Stearns' volume
may be regarded as an earnest that our own
Cambridge, and her sister colleges, will
not, in time to come, be barren of good
books.

Soon after Professor Stearns took charge of the law department in the University, he prepared a course of Lectures upon the Law and Practice of Real Actions, the util

ity of which he found greater than he had expected; and, at the request of some of his pupils and of friends learned in the law, the substance of these Lectures is now published in this form. We can say, without fear of contradiction, that the publication of this work has supplied a desideratum, which all, in any way conversant with the law, have acknowledgd, and which students and the younger members of the bar have especially felt.

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living in Westminster Hall, or in Boston, that Mr Chipman, and other men of equal or any where else, by his law, if he came ability, may be induced to make other books out of his grave tomorrow. Now, though of similar character. It is intended to be it may be true, that my Lord Coke, for a one of that class, of which the inimitable term or two after such resuscitation, might "Essay on Bailments," by Sir William be astounded at the novel appearance of Jones, was the prototype, and, as we hope, things, yet we do believe, that he would the precursor of many yet to come. bring with him a knowledge of the law as use the language of the last mentioned it was, which would so aid him in learning work, "if all the titles, which Blackstone the law as it is, that his old supremacy professed only to sketch in elementary diswould shortly be reestablished. The chan- courses, were filled up with exactness and A full and long review of this excellent ges of the law have been gradual,-never perspicuity, Englishmen" (and we as the work would be interesting to but few of our very violent, never per saltum. Its course descendants of Englishmen, and co-heirs readers; we must, however, in justice to has been progressive, but not interrupted; with the present race of the better part of our professional brethren, state to them and an actual, an important connexion ex- their admirable system of law) "might with some distinctness, the objects and uses its between its various conditions in various hope, at length, to possess a digest of their of a book which is made for them at no in- periods. Only the last links of the chain are laws which would leave but little room for considerable expense of time and labour. felt by us; they not only bind together the controversy, except in cases depending on The Introduction, which extends to the interests, and properties, and rights of all, their particular circumstances." 47th page, explains with great clearness and form them into one beautiful structure; and accuracy the fundamental principles of but they are held fast to an unbroken sethe Law of Real Property. The technical ries, which goes far backwards into the terms are translated into more common depths of almost forgotten ages. Cases language, and their meaning defined and are now perpetually recurring, which are illustrated. The first chapter treats of the deeply affected by a reference to cases that remedies for those injuries to real property occurred centuries ago. Let any one run which amount to an ouster; and in this through a volume of Pickering's Reports, chapter, the great diversity and intricacy and he will see how often court and counof practice which prevails in England, with sel are compelled, by a necessity they respect to these remedies, is strongly con- cannot evade if they would, to call upon trasted with the simplicity and directness of obsolete law, to help them to the right the practice adopted in Massachusetts. The understanding and administration of actual second chapter treats of Real Actions, and law. No doubt, students are sometimes their incidents; the third of Warranty, embarrassed and exposed to some tax of Covenants, and Voucher; the fourth, of time and labour, by the negligence of auWrits of Entry, and the proceedings there- thors whose works are put into their hands, In this chapter the Writs of Entry in in not stating with sufficient distinctness how the Quibus and in the Post, which are so much of what they are reading is directly, common in the practice of this State as to and how much is indirectly applicable to the have almost superseded all other forms of law of the present day. But this fault can Real Actions, are very fully and clearly il-in no wise be charged upon Professor lustrated; there is also an interesting Ap- Stearns; indeed, his clearness and precispendix to this chapter, upon the origin and ion in this respect constitutes a very large nature of Mortgages, and the Chancery Ju- part of the value of his work. The student risdiction respecting them. The fifth chap- will be able to distinguish our system of ter treats of Writs of Dower; the sixth, of real actions from that now in practice in Writs of Formedon; the seventh, of Writs England. He will not only see, but be in of Right, and the eighth and last, of the some measure taught to account for the sinAction of Trespass for the Mesne Profits. gular fact, that forms and processes, and There is added an Appendix containing legal remedies, which had become nearly one hundred and one Precedents in Real obsolete in England when our fathers came Actions, and a number of ancient records from her shores, have been retained, or of proceedings in the courts of the Colony rather revived, here,-stripped of the thouand Province of Massachusetts, for the re-sand inconveniences and embarrassments covery of Real Property, during the seventeenth century.

on.

All the subjects treated of in the work are discussed and explained as fully as was practicable, without enlarging its size to a cumbrous and very inconvenient magnitude. Some of his readers may think that too large a proportion of his work relates to ancient law; to forms, and even principles, which are now neglected and ought to be forgotten. The law of to-day is doubtless a very different thing from the law of three hundred years ago; and it is with actual living law that students and practitioners should be most conversant. But this is only one side of the case. We once heard an eminent jurist,-we may say, the most eminent jurist of this country,-declare, that in his opinion, Coke could not earn a

which brought them into disuse, and wrought
into a system more simple, more useful, and
far better in every respect than that now
in use in England, or in those states which
have adhered with blinder fidelity to the
models upon which their rules and forms of
jurisprudence are fashioned.

It is due to Professor Stearns to remark,
that his precedents are, in every respect,
excellent; and we need not remind any
practising lawyer, how much a collection
of precedents of this kind, well arranged
for convenient reference, has been wanted.

Mr Chipman's Essay was published some time since, so long, perhaps, that it may be thought almost beyond our reach. We notice it, however, because we should be glad to make it better known to our lawyers, not only for the good it may do them, but

The administration of the laws of our author's own State, is, indeed, judging from the account he gives of it in his Preface, in a woful case. The Legislature, he tells us, in effect, consists of but one branch only; the judges are annually elected by this legislature; Justices of the Peace have jurisdiction to the amount of one hundred dollars; "statutes are multiplied, and settled rules of the common law are set aside by statutes, and those statutes frequently altered, amended, explained, or repealedand frequently, from a supposed wrong construction of a statute by the judiciary, an explanatory statute has been passed, of more doubtful construction than the statute which they attempted to explain ;"—" and it has often been made a question whether the law should be altered, or a judgment set aside by an act of the Legislature, and the judges displaced." Such a state of things must sooner or later work its own cure, and no palliatives can prolong the time when the people must, for their own protection, provide for a permanent judiciary, and less fluctuation in their laws. Our author proposes, as remedies, the publication of all decided cases, and of such Essays as his own. Their books of Reports would probably resemble Southard's New Jersey Reports, where five sixths of the cases are on certiorari from Justices of the Peace, and more than one half terminate with the ominous words, "Let judgment be reversed." Besides, of what service would the Reports be, if the Legislature, taking offence at the decision of one set of judges, remove them, and appoint others for the very purpose of overturning the prior decisions. If numerous essays as good as the one before us be published, and every abstruse title be by them plainly elucidated, still, though the judges of one year take the law of these essays for their guide, the next year's judges, from a spirit of contradiction, may forbid their being read in the courts. Such a course of things cannot go on.

Mr Chipman's proposed forms of declaring and pleading in actions on contracts for the delivery of specific articles, and his observations on what ought to be the legal effect of the verdict, and on the measure of damages, seem to us sound and just; and we hope that the system which he recommends,

may be adopted in practice. We fully a well established and legal practice both | that I could plainly discern the form and concur with him in the observation which in England and in this country. In this position of the several stones which compose he makes in his Preface, that the law on this Commonwealth it is expressly authorized it;-and yet I must confess to a secret feelsubject cannot be settled by statutes; "that by statute even in so important an instru-ing of disappointment; but it was all my a volume of laws might be enacted on this ment as a will. If we were to use the same own fault; I either had forgotten, or did not single branch of jurisprudence, and still liberty with Mr Chipman that he has taken correctly know, their true size; and foolishly leave the system imperfect;-the law must with the ancient English judges, we should expected, I believe, to find each particular be settled by a course of judicial decisions." guess, that his secret reason for assailing stone as tall as a church tower. I speedily Before we conclude, we think it our duty this practice was a little infection of the reasoned myself, however, into a proper to animadvert upon one passage in this fondness for legislation with which, in his mood, and disappointment then gave place book, which is wholly gratuitous, and which remarks upon the case of Weld vs. Hadley, to continually increasing admiration. For we were very sorry to see. It occurs on he charges his fellow citizens of Vermont. the remainder of the three miles we kept it pages 22, 23, and is this: We hope the author will meet with the in full view, still growing and growing, as success that he deserves, and be encouraged we gained upon it, till at last we quitted to write other essays as clear and logical the beaten road, and driving over the short as this, upon the subjects which he enume- dry turf, stopped immediately beneath it. rates in his Preface. Though not intended for the profession, we doubt not that in their hands they will be most useful; few people can afford to purchase law books at the high price which they must necessarily bear; and we hope the picture of an ignorant lawyer, which is drawn by Mr Chipman with so much force in his Preface, is not a picture of a majority of the profession in Vermont; we are sure it will represent very few indeed in Massachusetts.

I know it is very common for a person who can write to request a by-stander to put his name to a note; but such trifling with written instruments ought not to be permitted; it is a practice wholly unknown to the common law. Written contracts, in law and reason, hold a higher place than mere verbal contracts, not only as to the certainty of the precise terms of the contract, but as to the degree of certainty that the contract was entered into by the parties. But set aside the evidence of hand writing, and written contracts would fall below verbal contracts as it respects the certainty of their execution. Admit as proof of the execution of a note, that the defendant directed a by-stander to put his name to it, and proof of a consideration is dispensed with, as also proof of the contract on which the note was given, and should the witness be guilty of perjury, it could not be easily detect ed; beside, men are distinguished by their hand writing, with the same degree of ease and certain ty, as by their countenances; hence, a higher degree of certainty in the proof of hand writing than in the proof of a verbal contract. The law does not, therefore, admit evidence that a third person was directed to put the defendant's name to the

note, to be substituted for the more certain evidence of the hand writing of the defendant. There is no necessity for the admission of such testimony, for if the plaintiff fail of proving the execution of the note, yet if he can prove the contract on which the note was given, he may still recover his demand.

With great deference to Mr Chipman, we must be permitted to state, that we thought the practice which he reprobates quite well known to the common law, so well indeed, that a maxim supporting it had been established from time immemorial, to wit, "Qui facit per alium facit per se." Mr Chipman admits that this is a common practice, which, alone, would, we think, be an argument in its favour. He urges the danger of perjury, and the superior certainty afforded by the evidence of handwriting. If the note were signed by an agent with his own name and the promissor's, which Mr Chipman allows to be valid, is the evidence of handwriting greater or the danger of perjury less? In such case parol proof must be given of the agents authority, which is exactly the danger against which he wishes to guard. It is not necessary in declaring on a promissory note to aver that the hand of the promissor is subscribed thereto; but in one case it was so declared, and the evidence being that it was signed by a third person in the presence and by the direction of the person whose name was written, Lord Ellenborough was inclined that the proof was sufficient to support the declaration, though if it had purported on the face of the instrument to have been signed by an agent, the variance would have been fatal.* We believe that this is

So many of the stones have fallen, that the whole seems at first sight to be a confused assemblage of enormous masses of rock; bnt after a while you discover three concentric circles of upright stones, and in the centre a single stone lying imbedded in the ground, which is called the altar. The most remarkable of these circles is the interior one, composed of huge blocks about twenty feet high, seven feet wide, and three feet thick; every two of which formerly We ought perhaps in justice to state,-a supported a third, of nearly the same size, remark which we are sorry to say is equally which has been called the impost, and which applicable to many of our modern law is rudely fastened to its two supporting pilbooks, both English and American,-that lars by a ball and socket joint. The three toneither of these works is free from typogether, have received the appellation of graphical errors, which offend the eye, trilithon. In this circle there are only though few of them obscure the sense. This two of these trilithons remaining entire. is the more to be regretted in the first of them, The second circle is composed of stones as the typography is eminently beautiful. which are no more than seven feet high, and are separate pillars. But in the outward circle they rise to the height of fourteen feet, and are again formed into trilithons, several of which are standing and perfect.

*See 2 Camp. 405, Helmsley vs. Loader, and 5 Esp. 180, Levy vs. Wilson.

MISCELLANY.

A VISIT TO STONEHENGE.

that huge pile (from some abyss
Of mortal power unquestionably sprung)
Whose hoary diadem of pendant rocks
Confines the shrill-voiced whirlwind, round and
round

Eddying within its vast circumference,
On Sarum's naked plain.

Wordsworth's Excursion.

September 11, 1820. STONEHENGE lies about eight miles from Salisbury; and it would have been a pity and a shame if I had left this part of the country, without visiting so remarkable an object. So this morning I jumped into a post-chaise for the purpose.

Our course was to the northwest, and soon brought us to a wide, chalky, desert tract, called Salisbury Plain. The day was hot, and the atmosphere clear; and from one of the undulating eminences which alone diversify this barren waste, I could plainly distinguish, at the distance of five miles, what I knew must be Stonehenge. The appearance was like a number of small black dots, or like a flock of sheep when they are at the distance of a mile or so from the spectator. I then lost sight of it; but from another rising in the ground, which the post boy said was three miles from it, I caught it again. It was now so distinct

There have been many theories started with respect to the purpose and origin of this monument, a number of which have been collected together and printed at Salisbury in a small pamphlet. The two most prevalent are, the one, that it is a military trophy of the ancient Britons, and the other that it is a Druidical temple. But the truth is, that there is no authentic history relating to it; and it is next to an impossibility that any thing should ever be ascertained of its design or erection; but there it stands, the gloomy monarch of this lonely plain-the hoary record of an age that has no chronicle-the mighty work of nameless men-the scene and the witness of events that have long since gone down to oblivion;-there it stands, and there it has stood, while centuries of suns have poured their fiercest beams upon it, and winter after winter has brought the driving snow, and the pelting rain, and the sweeping wind, to help time on to its destruction;-but there it stands, and there it will stand, a wonder and a monument, when our histories, like its own, are forgotten.

At the distance of fifty or sixty yards to the northeast of the main structure, and leaning towards it, is a large single stone, sixteen feet high, called the Friar's heel. This name is connected with the popular

and traditional account of the erection of Stonehenge not the most learned or probable, perhaps, but certainly the most amusing. It seems, according to this account, that the stones which now compose Stonehenge, were once the property of an old woman in Ireland, and grew in her back yard. The famous necromancer, Merlin, having set his heart on possessing them, mentioned the affair to the Devil, who promised to obtain them for him. For this purpose, assuming, which he did without the least difficulty, the appearance of a gentleman, he visited the old woman, and pouring a bag of money on her table, told her he would give her as many of the pieces for the stones in her ground, as she could reckon while he was taking them away. Thinking it impossible for one person to manage them in almost any given time, she closed with his proposal immediately, and began forthwith to count the money; but she had no sooner laid her hand on the first coin, than the old one cried out, Hold! for your stones are gone!' The old woman ran to her window, and looking out into her back yard, found that it was really so-her stones were gone. The Arch Enemy had, in the twinkling of an eye, taken them all down, tied them together, and was now flying away with them. As he was crossing the river Avon, at Bulford, the string which bound the stones became loose, and one of them dropped into the stream, where it still may be seen; with the rest, however, he arrived safe on Salisbury Plain, where, in obedience to Merlin's instructions, he began to set them up again. The work, in the hands of such a builder, went on swimmingly, and the Devil was so well pleased with it, that as he was placing the last stone, he declared, with an intention, no doubt, of teazing the restless curiosity of mankind, that no one should ever know where the pile came from, or how it came there. In this part of the business he was disappointed; for a Friar, who had lain concealed about the work, loudly replied, That is more than thou canst tell, Old Nick.' This put the Devil in such a rage, that pulling up the nearest stone by the roots, he threw it at the Friar, with the design of crushing him; but the Friar was too nimble for him-the stone only struck his heel; and thus he gave it its present name, and escaped to let the world know who was the architect of Stonehenge.

gious monument as Stonehenge, they chose | trinkets, &c. As companions to Stone-
where they found, or made where such henge, these barrows add much to the ef
were not fit for their hands, small aggeres, fect of the scene, and heighten the feel-
or mounds of firm and solid earth for an ings of contemplative solemnity which are
inclined plane, flatted and levelled at top; wrought up in the bosom of the beholder.
up the sloping sides of which, with great There is nothing modern near the place for
under levers upon fixed falciments, and with miles;-here is the vast and venerable
balances at the end of them to receive into monument, and scattered here and there
them proportioned weights and counter- about it, are the primitive graves of men
poises, and with hands enough to guide and who were doubtless familiar with its mys-
manage the engines, they that way, by lit-teries, but whose knowledge sleeps with
tle and little, heaved and rolled up those them, as soundly as they do. It seems as if
stones they intended to erect on the top of there must be some old and mighty sympa-
the hillock, where laying them along, they thy between these remnants of a vanished
dug holes in the earth at the end of every age; as if in the deep silence of the sultry
stone intended for column or supporter, the noon they might meditate together on the
depth of which holes were equal to the departed glories of their time; or, when the
length of the stones, and then, which was midnight storm was high, might borrow its
easily done, let slip the stones into these exulting voice to talk of their well kept se-
holes straight on end; which stones, so sunk crets, of battle and of victory-while every
and well closed about with earth, and the human car was distant, and the sailing
tops of them level with the top of the mount clouds, and the glancing stars, alone looked
on which the other flat stones lay, it was on at their solemn dialogue.
only placing those incumbent flat stones
upon the tops of the supporters, duly bound
and fastened, and taking away the earth
from between them almost to the bottom of
the supporters, and there then appeared
what we now call Stonehenge."

In returning to Salisbury, I took a different road from that which brought me to Stonehenge, and at the end of two miles came to the village of Amesbury. While the postillion stopped here to refresh him. self and his horses, I walked out, and passing a small, but old and pituresque church, entered the grounds of Amesbury House, a mansion belonging to Lord Douglas. The building was designed by Inigo Jones, and is a handsome looking house, but fast going to decay, as the present possessor has not inhabited it for years. The walls are defaced, the windows boarded up, and the glass broken. The grounds are as desolate as the dwelling; the banks of the Avon, which winds through them, are overgrown with long grass and bushes, and its stream is choked with mud and reeds; a bridge, with a summer-house in the Chinese fashion built upon it, is made almost impassable by its own ruins; the path is strewn with dead leaves and withered branches; the dial stone is overturned, and there is not even One rose of the wilderness left on its stalk, To mark where a garden had been." Feelings more deeply sad and sorrowful are perhaps inspired by scenes like this, than by the remains of a more distant age;-decay is premature and ruin has come before its time; the traces of desola tion are marked upon familiar things, and the effects of many years have overtaken the workmanship of yesterday.

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Concerning the origin and derivation of the name Stonehenge, there is as much diversity of opinion as upon any other circumstance relating to it. Inigo Jones says, "This antiquity, because the architraves are set upon the heads of the upright stones, and hang as it were, in the air, is generally known by the name of Stone-Henge." "The true Saxon name," says Gibson, in Camden's Britannia, "seems to be Stanhengest,-from the memorable slaughter which Hengist, the Saxon, here made of the Britons. If this etymology may be allowed, then that other received derivation from the hanging of stones, may be as far from the truth, as that of the vulgar Stone-edge, from stones set on edge." An anonymous writer, about the year 1660, who calls his piece "A Fool's Bolt soon shot at Stonage," appears to me to be gravely quizzing the antiquaries and etymologists;-if he is not, he is himself the most ridiculous of the whole fraternity. He pretends to have discovered every thing concerning this pile, the when, the how, the why, and the wherefore, and divides his article into twelve particulars, the second of which relates to the contested derivation. Hear it! "2. My They who still persist in giving no credit second particular is, that a bloody battle was When I returned to the inn, I found the to the Friar's information, have been ex-fought near Stonage. For the very name chaise waiting for me. The sun was now very ceedingly puzzled in endeavouring to ac- Stonage signifies Stone-battle; the last syl-powerful, and its rays, by being reflected count for the elevation of such huge col- lable age coming from the Greek yv, a from the chalky road, were rendered doubly umns, in an age which must have been so furious battle, &c.; so that all that have burning. Neither was there any thing in rude and ignorant. The solution given by built their opinion of this monument on any the scenery to refresh the spirit and cool Rowland has the merit of ingenuity, although other foundation than a bloody battle, have the blood;-the harvest was over, and the it cannot be determined that the method built Stonages in the air.”—But enough of fields were all dry stubble;-not a cottage suggested by him was that employed by the this. was to be seen, nor any living thing, exreal builders. I give it in his own words. cepting a shepherd whom we met, with his "The powers of the lever, and of the inclincoat stripped off and thrown over his shoulded plane, being some of the first things uner, covered with dust, and driving a flock of derstood by mankind in the art of building, panting sheep over the heated downs. it may be well conceived that our first ancestors made use of them; and we may imagine, that in order to erect such a prodi

After having viewed the monument itself, the attention is attracted to the numerous barrows, or sepulchral mounds, by which it is surrounded. Several of these have been opened, and have been found to contain cinerary urns, metal and glass beads, weapons of brass and iron, cups,

Within two miles of Salisbury, and at short distance from the road, are the ruis of Old Sarum. The only dwelling near

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