Imágenes de páginas

antique paintings, explore caverns for hearted. Not parsimonious, yet fru. mutilated sculpture, and measure the gal, but so comparatively small wore proportions of a statue with mathema- the rewards then paid to artists, that, tical precision, was not the boast of after the labour of a long life, he left á William Hogarth. He may be deno- very inconsiderable sum to bis widow, minated the biographical dramatist of with whom he must have received a domestic life. The Temple of Nature large portion of what was bequeathed. was his academy, and bis topography Finding his health in a declining state, the map of the human mind.

Hogarth had some years before purHe frequently drew sketches of heads chased a sınall house at Chiswick. 'To upon bis nail, and when he went home this he retired during the summer copied them on paper, from whence months; but so active a mind could they were transferred to his plates. never rust in idleness, even there he

É is conversation was lively and cheer- pursued his profession, and employed ful, mixed with a quickness of retort ihe last years of his life in retouching, that did not gain him friends. Severe and superintending some repairs, and in his satire on those who were present; alterations, in his plates. but of the absent he was usually the From this place, he, on the 25th advocate ; and has sometimes boast. October 1764, returned to Leicester. ed that he never uttered a sentence square ; and, though weak and languid, concerning any man living, that he retained bis usual flow of spirits ; but would not repeat to his face. In the being, on the same night, takėn suddenly relations of husband, brother, friend, ill, died the next day of an aneurism. and master, be was kind, generous, sin His remains were removed to Chis. cere, and indulgent. In diet abste. wick, where is erected a plain, but neat, mious, but in his hospitalities, though pyramidical monument; of which, the devoid of ostentation, liberal and free following is a sketch of the north side.

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West Side.

On the north side, in basso-relievo, are the laurel wreath, rest-stick, pal. lette with the line of Beauty, pencils, a book inscribed, Analysis of Beauty, a mask, port-folio decorated with vak leaves and acoros, under which are the following admirable lines, by his friend Mr. Garrick. Farewell, great Painter of Mankind!

Who reach'd the noblest point of art, Whose pictur'd morals charm the Mind,

And through the Eye correct the Heart. If genius fire thee, Reader, stay,

if Nalure touch thee, drop a tear ; If neither move thee, turn away,

For HOGARTH's honour'd dust lies here,



South Side.

Time will obliterate these inscriptions, and even the pyramid inust crum. ble into dust; but Hogarth's fame is engraven on tablets, which shall bave longer duration than monumental marble."






East Side.



No. XLIII. A SELECT COLLECTION OF FUGITIVE PIECES, " 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."-Locke. CHARGE OF EDWARD CHRISTIAN, ESQ.


(Printed at the Request of the Magistrates.)

you and the Isle that we have only five prisoners in the calendar, and the greater part of them would have been tried at tbe 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 par. ticular 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 Magis. trates, finding of the Grand Jury, or a verdict of a Pelty Jury, which has not met with my perfect approbation; and, I can most justly and boldiy pronoupee, that in the course of that period, with the cxception of one Assizes, fewer





crimes have been committed within portance to the general quiet and governthis Isle than in any other part of the ment of this Isle, and to the kingdom at King of England's Dominions contain- Jarge, to which I wish to draw the attening the same population. This is owing tion of the Magistrates, and of all the to the active and enlightened Magis- gentlemen of the Isle. It particularly tracy of the Isle, and the constant and affects the honour of all the Magistrates prompt co-operation with them, upon in the kingdom, and the interests of you all occasions, by men of property and gentlemen of property within this juriseducation.

diction. It is the subject of vagrants. Though we were lately much disgraced There are probably pow 50,000 of the in a remote outskirt of the Isle, yet we most dangerous and profligate of his had then the consolation to reflect, that Majesty's subjects traversing the counthe heart of the Isle, and this Hourish- try in all directions, without any legiti. ing part of it, were entirely free from mate license or control, and yet not ono all contamination; and even that was of them ought to move a single step not the explosion of pre-concerted unless in custody of a constable, or sedition or rebellion, but, deplorable as accompanied by a parish officer. it was, it was merely the effect of a This is a subject that peculiarly falls casual meeting of an idle rabble at an under my superintendance. Twenty, ale-house; and for his encouragement five years ago, Sir Christopher Wilof it, and participation in it, the ale- loughby, a most active and honourable house-keeper justly forfeited bis life. Magistrate, Chairmau of the Quarter

I had never before beard a complaint Sessions for the county of Oxford, against any publican within the jurisdic, requested the attendance of two Justices tion, but on the contrary, I have had of the Peace from every county in occasion publicly to applaud the con- England and Wales; the greater part of duct of some, for their great propriety them were Meinbers of the House of in bringing offenders to justice who had Lords, or members of the House of carried stolen property to their houses. Commons; I was retained to attend · I need not recommend to the Magis- them as a legal assistant. After many trates, and all other gentlemen, to pay discussions and various resolutions, I particular attention to the public houses, was directed by them to prepare a Bill, and to direct the constables to take into to be laid before Parliament, to prevent: custody and to separate from his com a great abuse of the laws respecting papions, every man as soon as he is seen vagrants, particularly by the Magistratos in a state of drunkenness. This crime in London and Middlesex. is very contagious, and is the parent The Act of Parliament, viz. the 32d of many others: as our public enemies Geo. III. c. 45, was passed, drawn by are said to raise their courage by having myself, under the immediate directions recourse to strong spirits, so the ene of that most honourably assembly. But mies of peace and good order find them- that Statute is almost entirely disselves valiant, froin intoxication, in the regarded, and the abuse now is, perhaps, commission of crimes which they would a thousand times as great as it was have shuddered to think of if they had before the passing of the Act. been sober. I should also particularly At that time, as is stated in the recommend the attention of the gentle- preamble of the Statute, a regular vamen of this Isle to Provident Banks: grant pass was substituted for a regular they will soon become universal: iny order of removal. That was a great attention was drawn to them ly acci- fraud, and attended with many misdent; but from that I am perfectly con chiefs ; but now, what is infinitely vinced of their extensive salutary effects. worse, many of the police officers and It is very true, that the great bulk of the Justices of the Peace in Middlesex poor can never derive any benefit from execute neither one nor the other, and them, by having nothing to spare beyond by their bad example many other Jus. their daily consumption; yet they afford tices through the kingdom adopt the to great numbers, particularly to do same reprehensible practice; and they mnestic servants, an easy and certain way give to poor persons, when applying to of rising in the ranks of society; and them, a piece of paper, which is called a they certainly bave a direct tendency to travelling or permit-pass. This, I am improve the moral babits of all the bound to say, is a perfect nullity, a lower orders.

mockery of justice, a great violation of There is one subject of ivfioite im. law, a fraud upon the poor objects

to whom it is given, as they can obtain every Justice of the Peace within this Ho certain subsistence from it, a great Isle will immediately order to be paid to fraud upon the townships through which you. they travel, a fraud upon the place This may, for a while, throw a burto which they are sent, and the greatest den upon the rate of the Isle, but I am possible nuisance to the kingdom at quite convioced, by a perseverance in farge; for these poor creatures, if they this conduct you will soon be infinitely cannot procure relief, must subsist by benefitted, and set a most laudable theft, robbery, burglary, or perhaps example to the rest of the kingdom. murder. Many of them are the most I think it my duty to state, that debauched, profligate, and desperate the Lord Mayor of London wrote to me characters, and it is well known, are a polite letter upon the subject, stating, frequently the emissaries and mes. that be was convinced of the illegality of sengers of treason and rebellion. the practice, and that he would exert

I am obliged to say, that every Justice his induence to prevent the issuing of of the Peace who signs such a paper such papers in the city of London. is guilty of a great misdenveanor, great Yesterday morning, as I passed through misconduct in his office, for which he Cambridge, I met, one after the other, might be very severely punished by the Mayor of the Town, and the Chair: an indictment or a criminal informa man of the Quarter Sessions for the tion. Sometimes an apology is made County; they both began, of their own for the Justices by saying, that it is accord, to complain to me of the horrid nothing more than a friendly letterstate of the country, arising from this of recommendation; this might be misconduct of the Magistrates: and the some defence for one vagrant doing latter concluded by saying, that " if you to another such an act of kindness: but could put an end to it, you would every Magistrate is bound to act accord. deserve a statue of gold.". ing to the clear and express directions Gentlemen, in my humble endeavours of the law; and his maxim ought ever to to secure obedience to the laws, I am a be, 6 let the track of the law be candidate for no reward but the appropursued, though it should lead over bation of my own conscience, and the burning plough-shares.”

approbation of honourable men; he From the number of these uowarrant. who seeks for more is not deserving able instruments issued from certain even of that, and will probably fail places, it is impossible not to suspect to obtain it. ihat they are the fruitful sources of Upon this occasion also, I think it my illicit revenue.

duty to give you my opinion respecting I am perfectly convinced that no a subject of great importance to the such lawless and unjustifiable papers public security, viz. whether a Magiswere ever signed by any Justice within trate can coinmit an offender charged this Isle, and I most earnestly exhort with a misdemeanor, before an indictyou that you will do all in your power ment is fouod agaiost hiru at the Assize to put a stop to them in future.

or Sessions. You know, Gentlemen, I consider it quite clear, that a man it has been the constant practice as long wandering abroad and begging of con. as any of you have been in the commisstables or parish officers in every town sion of the Peace, and I can assure you, ship, is as much a vagrant as he who that it has been the practice of several begs relief of any other individual. centuries before that time.

I should therefore advise, that you But we have lately been assured that apprehend all persons with such passes, several eminent Gentlemen at the Bar, and punish them as vagrants, and convey and other learned persons, who have them afterwards, by a constable, to their investigated the subject, have discoplace of settlement, and send back the vered, that in every instance in which pass by post, with an admonition, that an offeoder guilty of a misdemeanor if another comes from the same person it not a breach of the peace, bas been will be laid before the Lord Chancellor, committed for want of bail, before an or serious notice will be taken of it. indictment was found, the prisoner was

Constables, you, and every man, who illegally confined, and ought to have take up a vagrant with a walking pass, been set at liberty by a habeas corpus. and carry hiin before a Justice of the I was astonished when I read that pro. Peace, are entitled to a reward of 10$. position ; and as I never take the law for each such vagrant, which I trust from any mau living without fully-ion

vestigating the subject myself, especially This is not an actual breach of the when a doubt is suggested, I can con peace, but every Justice is bound to fidently state to you that the proposi- commit such an offender, or admit to tion is erroneous.

bail, to the Assizes or Sessions. · I was not a stranger to the subject, Some time afterwards I was consulted because within my practice it has fallen by Mr. Price, an active Magistrate to my lot to extend the limits of the at Biriningham, what he was to do with law of misdemeanor. If any one ad a man, who was apprehended with a vises another to commit a crime either box of counterfeit money, which he was felony or misdemeanor, if the crime going to send by a carter to Manchester, is not committed, the adviser is guilty but there was no evidence of the deof a misdemeanor; it is not an actual livery of the box, or that he had uttered breach of the peace, yet it is the duty of any base money ; I advised him to comevery Justice, if the offender cannot mit him, or admit him to bail to the find sufficient bail, to commit him either Assizes, and to prefer an indictment to the Sessions or the Assizes for trial. against him for procuring counterfeit

Sixteen years ago, when I attended money with an intent to utter, or to the Sessions at Manchester, an Attorney defraud the King's subjects. He was brought me a brief, requesting that told by the officers of the Mint, their I would prosecute with as much severity Counsel, and many others, that he as I could, a man, who had advised could not possibly succeed; the indicta servant to steal the property of his ment was ready for trial before Mr. master from a cotton manufactory, and Justice Bailey, at Warwick Assizes, who to bring cotton to him and he would said as it was a new case, he would reward him liberally. The servant respite his recognisance to the next seemed to listen to him, but he was Assizes, and in the interval would conhonest and immediately told his master, consult the other. Judges, who were and in order to get further evidence, unanimously of opinion that it was, aud the master gave the servant a bundle of bad always been a misdemeanor by the cotton to take to bim, and the prisoner common law. This is not a breach gave the servant three shillings, and of the peace, but it is the duty of every requested him to bring more as often Magistrate, when such a case is brougbt. as he had an opportunity. A constable before bim, to commit him to the next soon afterwards entered the house, to Sessions 'or Assizcs, if he cannot find whom he denied having any cotton, sufficient bail. but be found it concealed under a pot; The public money is now in an ex. this was a confirmation of the young cellent stuie, and in order to preserve a map's evidence.

confidence in it, whenever you appreI could not indict the prisoner for hend such an offender within this jurisstealing, because the young man did diction, I should recommend you to not steal; I could not indict bim for commit him to the Assizes, that the receiving stolen goods, because the example may have more effect from the. goods were not stolen; but I indicted greater degree of notoriety: him for inciling, and soliciting a servant Every attempt to commit a crime, if to steal and embezzle the goods of the crime is not fully perpetrated, is his master. He retained two very a misdemeanor. Lord Coke bas advaneminent Couosel to defend him, who ced for this one general comprehensive contended that to advise a crime, which maxim ; viz. Quando aliquid prohibe. was not committed, was not an indict. tur, prohibetur et omne per quod deveni. able offence, but I was so fortunate tur ad illud; or, when any thing is pro. as to prevail upon the Magistrates, hibited, every thing is prohibited which by a majority of one oply to proceed in leads to it, or every step to the comthe trial. He was sentenced to two mission of a crime is a crime. years imprisonment, and to stand in the There are many shocking indecent pillory at the end of the time. The misdemeanors of this nature, which frecase was afterwards twice argued in the quently are brought before Courts of Court of King's Bench, when Lord Justice, and I will confidently pro. Kenyon and the Court held that it was nounce to you, that it is equally your dow and had always been a misde- duty to commit, or bail, for trial, whemeanor to advise a crime, though it was ther they are accompanied with airnot committed. The King v. Higgins, assault or breach of the peace, or where 2 East 5.

all the parties concerned are conscoting. Europ. Mag. l'ol. LXXII. Sept. 1817.


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