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It is not necessary at present to be and bind them over to appear at the more explicit respecting that class of Sessions, and this though the offender misdemeanors; but I shall state to you be not yet indicted.-1 Hale, 579. three of a different kind with more par But it is urged by some, who will not ticularity.
admit this to be a decisive authority, If a man lays a train of gunpowder to Chat Lord Hale meant bere by crimes, your stacks of corn, your bacus, or your such crimes as were of the rank of dwelling-houses, with touchwood on. felony, because this sentence is found fire, which will not cause an explosion in a chapter which professes to treat for several hours or several days, and if only of felonies.---Lord Chief Justice he is discovered practising this wicked- Hale was not used to express himself so ness in a variety of instances, we are inaccurately, if that was his meaning. now told that the law.of Eogland will It may be observed, that it is imnot permit us to touch his person possible to give a certain opinion upon before the fire actually takes effect, a doubtful question of law, without because till then there is no felony or possessing a clear knowledge of its breach of the peace. And I shall sup- history and progress. pose again, that a wretch is carrying A slight, gentle deviation, consistent through the country poisous, which with the priuciples aod rules of law, he advises parents to give to their gradually produces an effect or a pracchildren, or which he himself actually tice, which superficial observers caopot throws into wells or tea-kettles, still till reconcile with ancient authorities, and the poison is administered to, or taken therefore rashly conclude that what has by some human being, be is not guilty heen sanctioned by a practice for ages, of felony under Lord Ellenborough's never had a legal origin. Act, and he is only guilty of a wis. This is precisely that case. deneauor, which could not be con The good and ancient practice by sidered an actual breach of the peace: Magistrates of binding offenders to and if another wretch still perhaps more their good behaviour, aod to appear at criminal, should carry round and dis the next Sessions or Assizes, and there perse every where publicatious full of to receive and perform the further sedition, blasphemy, and indecency, orders of the Court, bas long been with intent to poison and corrupt the disused; and when the latter half is minds of our innocent and virtuous separated from the former, it is not children and domestics, still we are told known again, and escapes abservation, that a Justice of the Peace has no juris- though all the authors I have enumediction over him, before an indictment rated are full of it. is found by a Grand Jury, and thus Lord Chief Justice Hale said these horrid monsters may triumphaptly “ The statute 34 Ed. III. c. 1. gave march from one end of the kiogdom to Justices of the Peace power to apprethe other, casting firebrands, arrowe, and hend mal factors, and to commit them death, and notbing can arrest their to custody, or to bind them to their career, but a thunderbolt froin the good behaviour, which was not intended avenging arm of the Almighty.
perpetual, but in nature of bail ; viz. Surely the wisdom of our ancestors to appear at such a day at their Ses. could never leave such a blauk in the sions, and in the mean time to be Constitution which they have trans of good behaviour."-? Hale, 186. mitted for our security and happiness. This was an excellent mode of pre
Thank God, there is no such defect venting a repetition of the crime, and at present, and has not been for many also the cominission of any other crime centuries in our system of laws,
of the same rank, or even any breach of All that is to be found in the books the peace; for if he was guilty of any which have been writted within the last such crime before he appeared at the 2 or 800 years, by Lord Coke, Lambard, Sessions or Assizes, the recognizance Crompton, Pulton, Dalton, Lord Hale, was forfeited, and he and his bail would Mawkins, Burn, and Blackstone, is the thon bave been compelled to pay the following sentence :
sum specified in it, and it also secured “ Justices of Peace may also issue his atiendance at the Assizes or Sessions, their warrants within the precincts of when he would be detained till be their Commission for apprehending pleaded to an indictment, if any was persons charged of crimes within the found against him; if such an indiet. coguisance of the Sessions of the Peace, ment was found, he either was detained
in custody by order of the Court, or nature, that they must cause the blood entered into a fresh recognizance to ap- of every one noi familiarized to them to pear at the next Assizes or Sessions run cold with horror. to try bis traverse, that is, the charge If any of them should be brought in the indictment to which he bad within the jurisdiction of this Isle, pleaded not guilty.
I most earnestly exhort the Magistrates The bioding to the good behaviour to apprehend the offender by their has probably been disused from a res warraut, and to proceed according to pect to the personal liberty of the the mode prescribed by Lord Hale, subject, and from pity and compassion Hawkins, and all the authors upon the to the defendant, wbo, perhaps, could subject; viz. to bind them over with fiod friends who would be sureties for sufficient sureties to appear at the next the event of his appearance in the Court Assizes to be beld for this Isle, and in to answer to an indictment, but who the mean time to be of good behaviour would not risk their money upon the to the King and to all his liege people. failure of that coudition, and also upon There are forms in abundance. Every any one of the infinite conditions, lawyer, I think, must adunit, this is which were included in his being of a mode of proceeding both legal and good behaviour to the King and to all constitutional. his liege subjects.
You, Gentlemen Magistrates, at your For seditious and blasphemous words Quarter Sessions, have precisely the ultered, the offender might always same jurisdiction over libel, as the four bave been bound to his good behaviour, Judges of the Court of King's Bench; and therefore, it would follow for a so also I aloue presiding in this Court much stronger reason, that the authors bave the same power; but as such proof all seditious and blasphemous libels secutions in the country are rare, if you might be so bound.
should have occasion to commit An indecent libel is now punishable bind over any one in the manner deslike all other libels against the govern- cribed, I should recommend you to ment and against religion; but it was commit him, or bind him in the
recogonce thought that that species of crime nizanct: to appear at the Assizes rather was punishable only in the Ecclesiasti than Ilie Sessions. cal Courts, till Sir Philip Yorke, after I do not recommend this from any wards the illustrious Lord Hardwicke, apprehension that you would not do when he was Attorney-General, pro- full Justice in the case as substantially secuted a man for an indecent publica- and effectually as myself; but it may be tion, and the Court of King's Bench presuined, that, from the babits of my unanimously held it was a libel and life, I am better acquainted with the a temporal crime, and the prisoner was forms of proceeding; and it might be set in the pillory, and Sir John Strange, objected, though the same objection the Reporter, adds, as he well deserved. may be made to every commitment 2 Stra. 788.
to the Sessions, that the party is in some Io that case it is well explained by degree prejudged by the committing the learned Attorney General, that the Magistrate or Magistrates. The law in Christian Religion and sound morality this case affords abundant protection to are the two main pillars of the British the liberty of the subject; for, besides Government, and he who writes in dero- the commitment of the Magistrate, gation of either, is an immediate libeller which ought to be founded upon an of the government of his country. honest investigation and correct know
But Hawkins, who wrole before that ledge of law, three further decisions, case was decided, though he says that perfectly independant of each other, the author of a book full of ribaldry inust concur before the party accused cannot be prosecuted for a libel, yet can suffer the slightest punishment; adds, the author may be bound to his the Grand Jury must find a true bill good behaviour as a scandalous person of perfectly uninfluenced by the commitevil fame.- Leach, Hawk. 355. ment of the Magistrate; the Petty
I bave oot had the misfortune to see Jury must fully try bim without the any of those blasphemous publications, least bias from any previous investigawhich the itinerant scandalous persons tion, and if they, as they are now of evil fame are employed to disperse authorized by a late Statute, should throughout the kivgdom; but i am give a general verdict of guilty, the informed that they are of so diabolical a Judge is bound diligently to examine
the publication stated in the Record, the morning, for the provision of the and if he in bis judgment thinks that it wife and four or five children of the does not in law amount to a libel, he is cottage, or of the wood bound' to arrest the judgment, and to will not an acre of potatoes produce discharge the defendant from all punish. the farinaceous food of a family of a ment and further prosecution.
man, bis wife, and three children, for This is not new-made law; it has nearly three years, supposing the proexisted for ages, and its origin is lost in duce to be 13 tons only, and their conthe clouds of antiquity.
sumption to be 28lbs. per day? It is thus that the liberty of English Three men in Ireland have been seen men has been secured: liberty is a word to cull, eat, and waste, nearly a bushel much used, but little understood; it is of potatoes at one meal, suppose the that delicate point equally remote from bushel only 56lbs. tyranny and licentiousness ; if it be We way yet have reason to be glad of moved either way, tyranny or licen the provident increase of plant, and tiousness, equally productive of human of the large growth of potatoes of this misery, must predominate.
It is that point, from which the Has the potato, since its general use greatest happiness results to the subject, in Ireland, been found more economical from the just administration of good of land and labour, more productive of laws, and the greatest security of the food, on a given breadth of average long continuance of that happiness. lands, and more favourable to the
One of the most profound patriots of growth, and strength, and health of the antiquity, whose mind has been thought poor snd labouring classes, than the to have been illumined by a ray of ill-made, sour, yeasty puddings, which divine inspiration, seems to have been we call bread, made of rye, oats, barley, peculiarly inspired by the genius of and even of wheat, which have for the British Constitution, in an eloquent the same time been used in England, and just description of law and liberty, Scotland, and Wales? which he concludes by saying
What have been the advantages to “Legum Ministri, Magistratus; legum the populous and manufacturing county interpretes, judices ; legum denique id. of Lancashire, of their more especial ciro' omnes servi sumus, et liberi esse growth and diet of potatoes? possimus." Cic. PRO CLUENTRO. Can any one prefer coarse bread
" The ministers of the laws are the or fine to a meally " smiling" potato ? Magistrates; the interpreters of the laws The preparations of bread by the are the Judges ; in short, we are all public baker is an instance of the slaves to the laws for this purpose, that advantage felt, and of the general tenwe may enjoy the blessings of liberty.” dency to the division of labour.
Few yet know among us how to cook the potato, by which much of its eco
nomy, and the pleasure of this diet, We use the potato, and abuse it, and is lost. A method of preparation, in despise those who eat it. Do we yet quantity, to be used cold, in the maner know what it is, in produce, economy, of bread, is yet a desideratum for the sustenance, and healthful nutrition? morning meal. It should not long What must be that produce per acre remain so; the thing is surely easy. of this root, which can enable the high The comparison of the weighi and rented, well manured, and dearly worked quantity of the potato, as alimentary laods of Essex, to send it already, with satisfaction, nutriment, and the sus. a heavy cartage, and all expeoses, to tenance of the strong labour of robust the market of Spitalfields, to sell at 38. activity, with the usual consumption of and 4s. per cwt., or 5 or 6lbs. of good wheaten bread, is not yet accurately food for 2d.? Who need to starve ? observed : for the in-door females, and Another serious consideration arises, for children, they seem to be, in every who need to work, when the chief suste mauer of preparation, hoiled, roasted, nance of a family can be procured so baked, or in mixed broths, the preferacheaply?
ble diet to our common bread, in almost In 1815, in Hampshire, this was felt: all parts of the country. 14lbs. of potatoes for 4d. made the The politic economy of their general Tabourer too careless. Have you got growth and use, in substitution of the the potatocs? was the only question of bread of graio, deserves somc inquiry,
A e dish of good potatoes, unskioned Mof our future life-gilds our ex
to favour or répress the general habit THE LITERARY GARDEN. of this diet. More than twenty men,
No. XXVII. women, and children, can perhaps be supported for one year from one acre “ How" happy they! the happiest of their of potatoes, with some support also
kind! for pigs or other cattle? How many
Whom “peaceful" stars unite, and in one
fate more or less than twenty should, with
Their hearts, their fortunes, and their beings some attention, be ascertained from
blend, average land, with light manure, and an average crop of rotation or conti
-What is the world to them, nued cropping.
Its pomp, its pleasure, and its nonsense all ! The waste in towns, through paring
Thomson. before cooking, and ignorance how to Tho' fools spurn Hymen's gentle pow'rs, boil the potato, is prodigious ; and They who improve his golden hours this with the easy ranks, still more By sweet experience know, than with the poorest. The Irish ca Tbat marriage, rightly understood, biners throw aside for the pigs, very
Gives to the tender and the good properly, all the potatoes set before A paradise below.
Cotron. them, not in the meally condition.
the properly cleaned, well boiled, and served up dry and meally, breaking, and co. istence with the sunshine of felicity, vered with a damask napkin, is per. or overshadows it with the clouds of haps still the most elegant and pure, misery :-if the subsequent remarks as the most simple and wholesome of lead, therefore, to the selection of a all the vegetable or farinaceous viands proper object; if, like a beacon, they that can be placed upon the table even serve to wara one unhappy marioer of a Gourmand; the French will soon from the destructive brink, and direct learn to make many ingenious prepara in the safe course; they will not be of tions of this root, (which we shall learn small moment. from their " Almanac,”') whose best In expectation of a happy union, five quality is, that it is in need of none; points I should conceive and propose it may be truly said of it, Done but necessary for previous and mature reits simple self can be its parallel or flexion. its equal.
1. Age. Why is its chemistry and natural his. 2. Person. tory, its several sorls, the particulars 3. Disposition. of its growth and produce, the obser
4. Accomplishments. vation of its culinary preparation, and
5. Fortune. power of healthful sustenance, &c. &c. Virtuous priuciples I have not men&c. not the subject of some studied tioned, presupposing that in no state, and rational analysis and report, such and especially in a connubial one, hapas has been bestowed on the lulip or the piness can exist where they are wanting. anemone ?
With respect to Age, it will be sufi. What but the large produce per acre cient to observe, that the parties should of this good root, can repay the growers possess a parity, or at least a no great of Essex, for all their labour and expense, disparity of years, as a similitude of age to deliver at this time 1321b. of this fine is attended for the most part with a cer. food, on the pavement of Spital-fields, tain similarity of habits. Where in this for 3s. and 45. or nearly 3 to 4 Ibs. point the persons are widely disproporfor one penny?
tioned, the grand design of matrimony Who then, but for very clumsiness will be defeated, and instead of proof our contrivances, can be at ill-case moting happiness we shall effect mifor the mere food, or sustenance, when sery-Decrepitude or sickness will sooner a beggar.woman declared lately, it was a or later overtake the advanced party, bad day she did not pick up 85.! and whilst the other in the vigour and two pennyworth of potatoes would make bloom of youth will be doomed miher fat ? - It seems clear that it is not serably to consume its days in bearfood alone that is with us the only wanting with the pcevishness of senility, of man—'tis gin and brandy which im- and anxiously watching to the grave poverisb 1
the gradually increasing infirmities of 261h August, 1817.
its beloved object. But disparity of
years on condition it be not wide, and of another unnoticed for the vant of the superiority exist on the male side, such an introduction. “. Apparel and is a consideration of certainly little manner,” remarked Chesterfield, " are import, or rather, perhaps, desirable to the person what the polish is to the than otherwise.
diamond, without wbich, whatever its Next, in regard to Person-ranked intrinsic value, it would never be worn." in the second place not from a per _" Th’apparel," says Shakspeare, suasion of its being one of the best, “ oft proclains the man"—and how but one of the primary causes of at just is the observation ; how frequently traction ; though when it is considered is the inind marked in the choice of in its more extended sense, as I wish a colour, and the selection of a patit to be considered as including not tern ! how much also traced in inan. only features and figure but dress and ners! To conclude, however, this submanners, it will then appear a point ject-If a woman, in the eyes of her by no means so unworthy of respect admirer, seems to possess an agreeable as might at first be imagined. With person, it is an additional, charming relation to the perfections or agree- recommendation-But dress and manableness of form and person, the tastes ners in a female are alınost indispenand opinions of the world are so va- sable. The slattern is an inexcusable, a rious, that it is impossible for us to disgusting sight. Let the woman in her frame concerning them any fixed roles attire be rich and elegant, according to --nor indeed, if it were possible, would her station and her means-in her inanit be an employment at all serviceable- ners let her be neither over-familiar nor No one but an ideot would select for the too much reserved-forwardness in a companion of his life an object that had woman detects at least a vulgar mind, no better recommendation than a pretty if not a base heart-it is sure, when face or a fine shape. Beauty, it cannot practised towards men, to excite' disbe denied, first draws our attention, gust, and perchance produce hate. Of but it is not of itself capable of re the two cases, it were better for a taining it. We gaze on beauty as upon woman to be too reserved but that a finished painting or an elegant flower graceful dignity of mien wbich cannot -itis of the class of luxuries - Juxuries be described, but may be conceived by a will satiate, and we shall eventually fine understanding—this is the syren meseek something of more substance. dium-this, would women but believe it Beauty then, though it be the primary – this is the grand charm-wbat a multiattraction, to a reflecting person is a tude of faults will it not cover ? even consideration but secondary. Let it an ordivary person accompanied with not be understood by this that I under- such a recommendation cannot fail to rate ber excellence ; I would only ad- command respect, Beauty without it vance, with the philosophic Bacon, has little sway-with it, she is almost that use must be preferred to orna
-We will now speak of ment where both cannot be united. the men. It has been observed, that But how exalted above its fellows, even in a woman person is of secondary I had almost said how nearly allied import; but in a man it is absolutely to a supernatural object, that being an object of little or no moment. It in whom we find blended perfect beauty is well if his features are not forbidwith transcendant nierit ! Beauty too, ding. Of his dress too let him not it should be remembered, must fade; be over-anxious-Foppery bespeaks a and how wretched they who, entering frivolous understanding -- Nor let him into a connubial state, have placed be a sloven--for that betrays a low their hopes of happiness on this only. one-A certain attention to dress is With dress and manners it somewhat a respect owing to the world and of holds different—all arc agrced that these, both extreines it were better perhaps, to a certain extent, are requisite to most assuredly so for society, that he conjugal comfort in all degrees of life, were a fop than a boor! to be accuand at all periods. Appearances are, rately clean, to wear clothes of the in truth, the only criterion by which best materials, fashionabiy made, and we can, without a more intimate ac put on ju tive plainest manner, is, perquaintance, form judgment of the haps, the surest outward indicative of a mind. How much do dress and address genteel man. In bis mauners, the genprepossess us in favour of a stranger ! ileman will be dignified without affecta. How often are the superior qualities tion, agrecable without frivolity, easy