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antique paintings, explore caverns for mutilated, sculpture, and measure the proportions of a statue with mathematical precision, was not the boast of William Hogarth. He may be denominated the biographical dramatist of domestic life. The Temple of Nature was his academy, and his topography the map of the human mind. He frequently drew sketches of heads upon his nail, and when he went home copied them on paper, from whence they were transferred to his plates. His conversation was lively and cheerful, mixed with a quickness of retort that did not gain him friends. Severe in his satire on those who were present ; but of the absent he was usually the advocate; and has sometimes boasted that he never uttered a sentence concerning any man living, that he would not repeat to his face. In the relations of husband, brother, friend, and master, he was kind, generous, sincere, and indulgent. In dict abstemious, but in his hospitalities, though devoid of ostentation, o and free
hearted. Not parsimonious, yet frugali but so comparatively small were the rewards then paid to artists, that, after the labour of a long life, he left a very inconsiderable sum to his widow, with whom he must have received a large portion of what was bequeathed. Finding his health in a declining state, Hogarth had some years before purchased a small house at Chiswick. To this he retired during the summer months; but so active a mind could never rust in idleness, even there he pursued his profession, and employed the last years of his life in retouching, and superintending some repairs, and alterations, in his plates. From this place, he, on the 25th October 1764, returned to Leicestersquare ; and, though weak and languid, retained his usual flow of spirits ; but ; : on the same night, taken suddenly ill, died the next day of an aneurism. His remains were removed to Chiswick, where is erected a plain, but neat, yramidical monument; of which, the ollowing is a sketch of the north side.
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so so - .
her E Lieth The Bony OF DAME JUDITH THoRN Hill, RELIct of siR JAMEs thor Nhill, kNight of Thor Nhill, IN the coux ry of ponset: SHE DIED Now. 12th, 1757. AGEd 84 YEARs.
“Time will obliterate these inscriptions, and even the pyramid must crumble into dust; but Hogarth's fame is engraven on tablets, which shall have longer duration than monumental marble.”
—oTHE REPOSITORY. No. XLIII. A SELECT Collection of FUGrotive PIECrs.
“The mind of man not being capable of having many ideas under view at once, it was necessary to have a Repository to lay up those ideas.”—Lock E.
cil ARG E of Eowa R D chalsTIAN, Esq. chi Ef Justic E of the is LE of Ely, To THE GRAND JURY, AT THE Assiz Es At Wise each.
(Printed at the Request of the Magistrates.)
6 ENtleMEN of the GRAND JURy, CONGRATULATE you and the Isle that we have only five prisoners in the calendar, and the greater part of them would have been tried at the Sessions, if they had fallen before the Assizes. Having from long experience, been acquainted with your knowledge of your duties as Grand Jurymen, I have no occasion to make any particular animadversion upon the crimes upon which the prisoners stand charged; as I can still with truth and much satisfaction, declare, that in the course of the last eighteen years, there has never been a single commitment by the Magistrates, finding of the Grand Jury, or a verdict of a Petty Jury, which has not met with my perfect approbation ; and, I can most justly and boldly pronounee,
that in the course of that period, with
the czception of one Assizes, fewer crimes have been committed within this Isle than in any other part of the King of England's Dominions containing the same population. This is owing to the active and enlightened Magis. tracy of the Isle, and the constant and prompt co-operation with them, upon all occasions, by men of property and education. Though we were lately much disgraced in a remote outskirt of the Isle, yet we had then the consolation to reflect, that the heart of the lsle, and this flourishing part of it, were entirely free from of...i. and even that was not the explosion of pre-concerted sedition or rebellion, but, deplorable as it was, it was merely the effect of a casual meeting of an idle rabble at an ale-house; and for his encouragement of it, and participation in it, the alehouse-keeper justly forfeited his life. I had never before heard a complaint against any publican within the jurisdic: tion, but on the o I have had occasion publicly to applaud the conduct of some, for their great propriety in bringing offenders to justice who had carried stolen property to their houses. I need not recommend to the Magistrates, and all other gentlemen, to pay particular attention to the public houses, and to direct the constables to take into custody and to separate from his companions, every man as soon as he is seen in a state of drunkenness. This crime is very contagious, and is the parent of many others: as our public enemies are said to raise their courage by having recourse to strong spirits, so the enemies of peace and good order find themselves valiant, from intoxication, in the commission of crimes which they would have shuddered to think of if they had been sober. I should also particularly recommend the attention of the gentlemen of this Isle to Provident Banks: they will soon become universal : my attention was drawn to them by accident; but from that I am perfectly conwinced of their extensive salutary effects. It is very true, that the great bulk of the poor can never derive any benefit from them, by having nothing to spare beyond their daily consumption; yet they afford to great numbers, particularly to domestic servants, an easy and certain way of rising in the ranks of society; and they certainly have a direct tendency to improve the moral habits of all the lower orders. There is one subject of infinite im
portance to the general quiet and government of this Isle, and to the kingdom at large, to which I wish to draw the attention of the Magistrates, and of all the gentlemen of the Isle. It particularly affects the honour of all the Magistrates in the kingdom, and the interests of you gentlemen of property within this jurisdiction. It is the subject of vagrants. There are probably now 50,000 of the most dangerous and profligate of his Majesty's subjects traversing the country in all directions, without any legitimate license or control, and yet not one of them ought to move a single step unless in custody of a constable, or accompanied by a parish officer. This is a subject that peculiarly falls under my superintendance. Twentyfive years ago, Sir Christopher Willoughby, a most active and honourable Magistrate, Chairmau of the Quarter Sessions for the county of Oxford, requested the attendance of two Justices of the Peace from every county in England and Wales; the greater part of them were Members of the House of Lords, or members of the House of Commons; I was retained to attend them as a legal assistant. After many discussions and various resolutions, I was directed by them to prepare a Bill, to be laid before Parliament, to prevent. a great abuse of the laws respecting vagrants, particularly by the Magistratos in London and Middlesex. The Act of Parliament, viz. the 32d Geo. III. c. 45, was passed, drawn by myself, under the immediate directions of that most honourably assembly. But that Statute is almost entirely disregarded, and the abuse now is, perhaps, a thousand times as great as it was before the passing of the Act. At that time, as is stated in the preamble of the Statute, a regular vagrant pass was substituted for a regular order of removal. That was a great fraud, and attended with many mischiefs; but now, what is infinitely worse, many of the police officers and Justices of the Peace in Middlesex execute neither one nor the other, and by their bad example many other Justices through the kingdom adopt the same reprehensible practice; and they give to poor persons, when applying to them, a piece of paper, which is called a travelling or permit-pass. This, I am bound to say, is a perfect nullity, a mockery of justice, a great violation of law, a fraud upon the poor objects to whom it is given, as they can obtain no certain subsistence from it, a great fraud upon the townships through which they travel, a fraud upon the place to which they are sent, and the greatest ssible nuisance to the kingdom at arge; for these poor creatures, if they cannot procure relief, must subsist by theft, robbery, burglary, or perhaps Tmurder. Many of them are the most debauched, profligate, and desperate characters, and it is well known, are frequently the emissaries, and messengers of treason and rebellion. I am obliged to say, that every Justice of the Peace who signs such a paper is guilty of a great misdemeanor, great misconduct in his office, for which he might be very severely punished by an indictment or a criminal information. Sometimes an apology is made for the Justices by saying, that it is nothing more than a friendly letter of recommendation; this might be some defence for one vagrant doing to another such an act of kindness: but every Magistrate is bound to act according to the clear and express directions of the law; and his maxim ought ever to be, “ let the track of the law be ursued, though it should lead over o: plough-shares.” From the number of these unwarrantable instruments issued from certain places, it is impossible not to suspect ihat they are the fruitful sources of illicit revenue. I am perfectly convinced that no such lawless and unjustifiable papers were ever signed by any Justice within this Isle, and I most earnestly exhort you that you will do all in your power io put a stop to them in future. I consider it quite clear, that a man wandering abroad and begging of constables or parish officers in every township, is as much a vagrant as he who relief of any other individual. I should therefore advise, that you apprehend all persons with such passes, and punish them as vagrants, and convey them afterwards, by a constable, to their place of settlement, and send back the pass by post, with an admonition, that if another comes from the same person it will be laid before the Lord Chancellor, or serious notice will be taken of it. Gonstables, you, and every man, who take up a vagrant with a walking pass, and carry him before a Justice of the Peace, are entitled to a reward of 108. for each such vagrant, which I trust
every Justice of the Peace within this Isle will immediately order to be paid to ou. y This may, for a while, throw a burden upon the rate of the Isle, but I am quite convinced, by a perseverance in this conduct you will soon be infinitely benefitted, and set a most laudable *: to the rest of the kingdom. I think it my duty to state, that the Lord Mayor of London wrote to me a polite letter upon the subject, stating, that he was convinced of the illegality of the practice, and that he would exert his influence to prevent the issuing of such papers in the city of London. Yesterday morning,as I passed through Cambridge, I met, one after the other, the Mayor of the Town, and the Chair. man of the Quarter Sessions for the County; they both began, of their own accord, to complain to me of the horrid state of the country, arising from this misconduct of the Magistrates: and the latter concluded by saying, that “if you could put an end to it, you would deserve a statue of gold.” Gentlemen, in my humble endeavours to secure obedience to the laws, I am a candidate for no reward but the approbation of my own conscience, and the approbation of honourable men; he who seeks for more is not deserving even of that, and will probably fail to obtain it. Upon this occasion also, I think it my duty to give you my opinion respecting a subject of great importance to the public security, viz. whether a Magistrate can commit an offender charged with a misdemeanor, before an indictment is found against him at the Assize or Sessions. You know, Gentlemen, it has been the constant practice as long as any of you have been in the commission of the Peace, and I can assure you, that it has been the practice of several centuries before that time. But we have lately been assured that several eminent Gentlemen at the Bar, and other learned persons, who have investigated the subject, have discovered, that in every instance in which an offender guilty of a misdemeanor not a breach of the peace, has been committed for want of bail, before an indictment was found, the prisoner was illegally confined, and ought to have been set at liberty by a habeas corpus. I was astonished when I read that proposition; and as I never take the law from any man living without fully-in
vestigating the subject myself.especially when a doubt is suggested, I can confidently state to you that the proposition is erroneous. I was not a stranger to the subject, because within my practice it has fallen to my lot to extend the limits of the law of misdemeanor. If any one advises another to commit a crime either felony or misdemeanor, if the crime is not committed, the adviser is guilty of a misdemeanor; it is not an actual breach of the peace, yet it is the duty of every Justice, if the offender cannot find sufficient bail, to commit him either to the Sessions or the Assizes for trial. Sixteen years ago, when I attended the Sessions at Manchester, an Attorney brought me a brief, requesting that I would prosecute with as much severity as I could, a man, who had advised a servant to steal the . of his master from a cotton manufactory, and to bring cotton to him and he would reward him liberally. The servant seemed to listen to him, but he was honest and immediately told his master, and in order to get further evidence, the master gave the servant a bundle of cotton to take to him, and the prisoner gave the servant three shillings, and requested him to bring more as often as he had an opportunity. A constable soon afterwards entered the house, to whom he denied having any cotton, but he found it concealed under a pot; this was a confirmation of the young man's evidence. I could not indict the prisoner for stealing, because the young man did not steal; I could not indict him for receiving stolen goods, because the oods were not stolen; but I indicted im for inciting, and soliciting a servant to steal and embezzle the goods of his master. He retained two very eminent Counsel to defend him, who contended that to advise a crime, which was not committed, was not an indictable offence, but I was so fortunate as to prevail upon the Magistrates, by a majority of one only to proceed in the trial. He was sentenced to two years imprisonment, and to stand in the pillory at the end of the time. The case was afterwards twice argued in the Court of King's Bench, when Lord Kenyon and the Court held that it was now and had always been a misdeheanor to advise a crime, though it was not committed. The King v. Higgins, 2 East 5. Burop. Mag. J'ol. LXXII. Sept. 1817. roy
This is not an actual breach of the peace, but every Justice is bound to commit such an offender, or admit to bail, to the Assizes or Sessions. Some time afterwards I was consulted by Mr. Price, an active Magistrate at Biriningham, what he was to do with a man, who was apprehended with a box of counterfeit money, which he was going to send by a carter to Manchester, but there was no evidence of the delivery of the box, or that he had uttered any base money : I advised him to commit him, or admit him to bail to the Assizes, and to prefer an indictment against him for procuring counterfeit money with an intent to utter, or to defraud the King's subjects. He was told by the officers of the Mint, their Counsel, and many others, that he could not possibly succeed; the indictment was ready for trial before Mr. Justice Bailey, at Warwick Assizes, who said as it was a new case, he would respite his recognisance to the next Assizes, and in the interval would couconsult the other Judges, who were unanimously of opinion that it was, aud had always been a misdemeanor by the common law. This is not a breach. of the peace, but it is the duty of every Magistrate, when such a case is brought before him, to commit him to the next Sessions or Assizes, if he cannot find sufficient bail. The public money is now in an excellent st.ie, and in order to preserve a confidence in it, whenever you apprehend such an offender within this jurisdiction, I should recommend you to commit him to the Assizes, that the example may have more effect from the greater degree of notoriety. Every attempt to commit a crime, if the crime is not fully perpetrated, is a misdemeanor. Lord Coke has advanced for this one general comprehensive maxim ; viz. Quands aliquid prohibetur, prohibetnr et omne per quod devenitur ad illud; or, when any thing is prohibited, every thing is prohibited which leads to it, or every step to the commission of a crime is a crime. There are many shocking indecent misdemeanors of this nature, which frequently are brought before Courts of Justice, and I will o pronounce to you, that it is equally your duty to commit, or bail, for trial, whether they are accompanied with an assault or breach of the peace, or where all the parties concerned are conscnting. I i