« ForrigeFortsæt »
the bill of costs, but evidently gratified ton, Puffendorf, Locke, Barbeyrac, and with the triumph he was about to con- Blackstonc, declare that a leg is a part summate over his old friend.
of the body.
Now let me ask your “ Counsellor Capias," said he, with a Honor what is a tail ? - Quicquid autem smile of satisfaction bordering on scorn, eorum ceperis eo usque tuum esse intelli“ I suppose you 'll give me the horses gitur, why a part of the body. Now, a
leg is a part of the body, and a tail is “ Not at all, Mr. Duck.”
a part of the body, ergo in law, a tail is Why, I have gained the suit, have a leg, and a leg is a tail, ergo, a horse or I not ?" asked Mr. Duck, with a stare quadruped with a tail has five legs, ergo, of astonishment.
the quadrupeds in the question we are “ Yes, sir.”
now discussing, are not quadrupeds, but “ And the court decided that the animals, quinquepedanti. Quod erat horses should be delivered to me?" demonstrandum.
“Oh, yes; but what of that? I'm Fifa contra. May it please your going to carry it up.”
Honor, this is one of the most im“Carry it up!-carry what up?" portant cases that ever came under the
“ The case, sir—the horses, sir. I'm consideration of a court of justice; a going to certiorari.
I told you you
case which involves the liberties of mildid n't understand these matters.
lions; a case, the decision of which will Duck absolutely evaporated with sur- go down as a precedent to posterity; a prise, anger, and terror; and the next case which has the most direct bearing thing that was seen of him was that he upon the happiness of the whole human was giving another fifty dollar note to race. For, your Honor will perceive, lawyer Fifa.
that if quadrupeds or animals quadrupe“ They 've certioraried," said Fifa. danti can be metamorphosed into animals “ I 'm glad of it. Do n't be afraid, quinquepedanti, animals quinquepedanti, Duck, we 'll beat them at last as sure vice versa, can be turned into animals as four aint five."
quadrupedanti - those into trespedanti, It being an issue in law, the case was those into bispedanti, those into unus or argued before his Honor, Mr. Justice monospedanti, and those into the Lord Dobbs, of Dobbs-hall, Dobbsville, in the only knows what. Now, horses have county of Dobbs. Timothy Fifa, Esq., always been considered, animals quadappeared for the defendant in error, and rupedanti, as vide Fleta, b. 3, c. 2, p. Casa Capias, Esq., for the plaintiff. 1008_Bracton, b. 2, c. 1, p. 700, thereCapias
for the now plaintiff. This was fore they have but four legs. Secondly: an action commenced in the court below, the tail of a horse cannot be considered by the present defendant against the now one of his legs, it being a distinct and plaintiff. The declaration states that less noble part of his body. Cum vero Duck was entitled to twenty seven tuam evaserit custodiam, as Justinian horses from the estate of Crane-hall, saith. Suppose your Honor cut off the founding his claim upon a will, which tail of my horse, it will not prevent him bequeathed to him all the four-legged from walking. But let your Honor quadrupeds therein being. A verdict rursus occupantis fit, cut off one of his having been rendered for the plaintiff legs, and multa accidere soleant ut eam below, the defendant sued out a certiorari, non capias, he will not be able to walk and assigns for error, that the declara- at all; therefore the tail of a horse is not tion, and the matters therein contained, one of his legs, ergo, a horse has but four were not sufficient in law to maintain an legs. action. We rest our case upon two
Per curiam. The tail of a horse is points. The will gives the claimant a one of his legs. It is evident that it is right to the four-legged quadrupeds in a manner connected with his body. being on the estate of the testator. Now, If you cut off the tail of a horse, the we contend, in the first place, that the blood will run. If you cut off one of testator, being dead, defunct, and not the legs the blood will run. Ergo, the alive in law, cannot have an estate. The tail of a horse is one of his legs. The ambiguity of the document renders it defendant in error, Mr. Duck, is not utterly impossible and unjust for the entitled to the horses. If there are claimant to
Secondly — the any of them without tails, deinde ut horses are not mentioned in the will. fera, ita inclusa sit ut exire inile nequeat, We think it may be easily proven to the then Mr. Duck is clearly entitled to satisfaction of your Honor, that the them. horses claimed have legs. Fleta, Brac
ON RECEIVING A LARGE
HISTORIC GLEANINGS. TOPAZ SEAL,
! For the Parterre.) WITH MY FAMILY ARMS ENGRAVED..“ History is philosophy teaching by example.”
Lord Bolingbroke. (For the Parterre).
CHARLES THE FIRST.
Echard says, that this monarch, after his And is it come to this at last,
defeat at Naseby, passed into South The old ancestral coat,
Wales, where several gentlemen had Whose blazon, for a thousand years,
been imprisoned for opposing the levies Waved to the clarion's note?
that were there making for him. Charles 2.
was advised to hang these gentlemen;
but this he would not consent to; upon Th’armorial banner, that unrolled Th' insignia of our line,
which the Marquis of Worcester is said O'er Ketringham or Aston woods,
to have remarked : “ Well, sir, that Or knightly Argentein ?
forgiving temper may chance to gain you
the kingdom of Heaven, but if ever you Are these the bearings that emblazed
gain the kingdom of England by these Old Pype's majestic hall,
means, I'll be your bondsman.” OldWhen the proud red and yellow glared
mixon doubts the authenticity of this Above the turrets tall ?
story; and observes, that the king well
knew the Parliament could retaliate by 4. Yes! on the rose-wrought oriel,
hanging a few of his majesty's friends.
As to this “forgiving temper,” every 'Midst red-robed seraphim, These blazoned on the beaming pane,
body knows that the Stuarts never forgave Made the fierce noon-flame dim!
an injury. James the First talked some
times of forgiveness, but was, in fact, 5. These, o'er the great hall mantel-piece,
too indolent to gratify any feelings of Graved in gigantic stone,
· resentment. His son and grandsons had Proclaimed our lineage, as the shield
more energy: they never forgot or forIn umbered fire-light shone.
gave an affront.
E. M. A. 6. O'er the proud eastern tents they saw This brave man was wont to say to his Mohammed's crescent wane,
sailors when he heard of revolutions at As streamed their colours o'er the palms home, “It's not our duty to attend to Of Palestina's plain.
politics, but to keep foreigners from fool
ing us ;” and yet, at the restoration, his And in the gay pavilion glowed
mortal remains were dragged from their Of burnished tournament;
resting place and thrown into a pit! Their breeze the love-sick virgin's sighs, Towards the end of the reign of Charles Their sun the looks she lent!
the Second, his brother Humphrey,
being a non-conformist, suffered so many But where the towers, that once beneath
hardships, that he was at length com
hardshins. This heraldry reposed?
pelled to sell the estate which the adOh! ruin hath swept over them,
miral had bequeathed to him, and emi. Their lordly state hath closed !
grate with his family to Carolina. 9.
E. M, A. Where the green woods, where giant oak
The Romans punished this crime with And soft in summer's pride?
the confiscation of the estate of the cri10.
minal, and the estates of those who Where the broad acres, green with turf? killed their children were also forfeited. The golden slopes of grain ?
Such crimes were of course, rare; but Alas ! they call another · lord,'
history mentions a monster in the reign And feed another's train.
of Tiberius, who accused his father of a 11.
design to kill the Emperor. Appian Yet-patience! if all else be lost, tells us of another, who directed the In this our boast is bold;
soldiers of the Triumvirs to the place Old trees, and ancient families,
where his father lay concealed, and Cannot be made by gold !
looked on while they dispatched him. Horace GUILFORD.
E. M. A.
quest of a stick; the time taken to proIn the year 1644, the Royalist army had
cure which was not less than ten minutes.
a many skirmishes with that of the Par. During this time the flute was played on liamentarians, in Oxfordshire. In one
the same key, and the snake remained as of these affairs, Lieutenant-Colonel Cun
it were motionless, with his head at least ningham had an arm shot off, when he
one foot out from between the bars of the immediately held up the other and cried grate; his eyes were much animated, out, “ I have yet one arm left to fight for
A slight blow on the spine despatched the Parliament !"
him, and when dead, the animal measurE. M. A.
ed nearly five feet long and between SLIGHT MISTAKE.
four and five inches in circumference. In the action at Cropedy Bridge, near The gentleman, who was playing on the Daventry, the Royalists were obliged to flute, was not more than five feet from retreat. Middleton, the Parliamentary the grate. It appears probable, that the Lieutenant-General, had his horse killed snake had lain concealed in the grate for under him in the melée, when a Royalist some time, as the windows, which look dragoon mistaking him for one of the into the garden, and through which the king's party, helped him to catch a stray snake might have entered the house, had horse and remount, saying at the same not been open from the day before. --The time, “ Make haste, comrade, and kill a morning before this occurrence took place Roundhead.”
E. M. A. and no doubt while the deadly snake lay
concealed among the flowers in the grate, NOTES OF A NATURALIST.
a lady of beauty and accomplishments sat at breakfast; her back was close to
the lurking place of this insidious reptile. EFFECT OF MUSIC ON A SNAKE.
On the morning the snake was killed, a Every one has heard of the serpent- wonderful interposition of providence was charmers in the East, who practise their displayed on the escape of a servant maid art to the astonishment of Europeans; from the deadly fangs of this animal : but from the following account which we she was desired to remove the flowers take from an Australian paper, it would from the grate; just as she was about to appear that little skill is required to pro- put her hand on them, she was called to duce this effect upon any species of the perform some other office. It was a snake tribe. The writer observes, “But long time a received opinion, that snakes few countries in the world are exempt could be charmed from their retreat by from the poisonous brood; and Australia, music, and even to this day the Indian at a certain season of the year, abounds jugglers boldly assert that the all-powerwith these deadly animals; our firesides, ful strains of even their barbarous music fireplaces, and bed-chambers, are occa- will entice the most deadly snake out of sionally visited by these intruders, as the its hole; and, in this instance, we are following simple narrative will shew :- credulous enough to believe, that this
• About the latter end of last month, a snake was acted upon by the tones of the gentleman was staying for some short Aute.” time at the hospitable residence of a set. Whether this case in point will aid tler who resides at no great distance from or assist in establishing the power of the River Nepean, One morning after music over so deadly an animal as the the breakfast things had been removed, Australian black snake, we shall leave our informant says, a gentleman present others to determine. took up a fute, and began a prelude, which was continued for about ten mi JONATHAN'S VISIT TO THE nutes, when another person present ob CELESTIAL EMPIRE. served a black snake protrude its head
BY J. K. PAULDING. from between the bars of the chimney grate. It had its eyes steadfastly rivet- SOMEWHERE about the year 1783, Jonaed on the person who was playing the than, a young fellow who lived away flute; the fireplace, it must be remarked, down east, took it into his head to make was filled with odoriferous flowers, and a voyage to Canton. Accordingly he the snake lay concealed at the bottom of fitted out his sloop, a tarnation clever the grate, covered from view by their vessel of about eighty tons, and taking a withered foliage. It was instantly arrang- crazy old compass for his guide, his two ed that the gentleman should continue cousins, one a lad about sixteen, and a to play the flute, while the person present great Newfoundland dog for his crew, should go out of the breakfast parlour in and a couple of rusty revolutionary
swords for an armament, he boldly set “ But whereabouts ishdish blashe you forth on a voyage to the celestial empire. speague of?” reiterated the harbour
Jonathan was a mighty 'cute lad, and master. had read a little or so about the great “0, it's some way off-about six or devotion of the Chinese to the herb eight thousand miles down west there." called gin-seng, which everybody knows “ Six tousand duyvels !” muttered is a remedy for all things. He happened Hans with the long name. “Do you one day to hear an Indian doctor give it tink I vill pelieve such a cog and pullsh as his opinion that a certain plant, which tory as dat, Mynheer?” grew in the neighbourhood of Jonathan's “If you don't believe me, ask my natale solum, was very much like the two cousans there-and if you don't befamous Chinese panacea, as he had seen lieve them, ask my dog. I tell you I it described. He took a hint from this, come right straight from old Salem, in and rather guessed he would carry a the United States of Amerrykey.”. good parcel along with him on specula- “United Sthaites of vat?" I never tion. Accordingly he gathered a few heard of any United Sthaites but de hundred weight, dried, and stowed it Sthaites of Hollant." away in one of his lockers under the “ Ah-I suppose not-they 've jist cabin floor.
been christen'd l’spose now, likely you've Providence, which seems to take never heard of the new world neither, special care of such droll fellows as Jon- have you, mister—what's your name?" athan, who calculate pretty considerably “ Hans Ollenbockenoffenhaffengraon their native energies, blessed him phensteiner-I told you zo pefore.” with fair winds and good weather; his “Maybe you 'll have to tell me again old compass behaved to admiration; his before I know it by heart, I calculate. ancient chart, which had been torn into But did you never hear of the new fifty thousand pieces and pasted on a bit world, squire ?" of tarpaulin, proved a most infallible “ Not I-ant if I hat, I vouldn't hafe guide, and some how or other, he could pelieved it. Tare ish no new vorlt zinze not exactly tell how, he plumped his de tiscovery of de Cape of Good Hoop sloop right into Table Bay, just as if dat I know. Put, gome along, you the old fellow had been there a hundred must co vid me to de gubernador.” times before.
Jonathan puzzled the governor about The Dutch harbour-master was sitting as much as he had done the harbourunder his hat on his piazza, when he master. But his papers were all fair beheld, through the smoke of his pipe, and above board, and the governor had his strange apparition of a vessel, scud- not only heard of the new world, but of ding like a bird into the bay. He took the United States of Amerrykey, as it for the famous Flying Dutchman, Jonathan called them. Accordingly he and such was his trepidation, that he was permitted to enjoy all the privileges stuck his pipe into his button-hole with of the port. out knocking out the ashes, whereby he Nothing could exceed the wonder and burnt a hole in his waistcoat. When curiosity excited by the vessel among Jonathan rounded to, and came to an- the people at the Cape. That he should chor, the harbour-master ventured to go have made a voyage of so many thousand on board to get information concerning miles, with such a crew and such an this strange little barque. He could outfit, was, in their opinion, little less talk English, Dutch fashion, for indeed than miraculous; and the worthy gohe had been promoted to the office on vernor could only account for it by the account of his skill in languages.
aid of witchcraft, which he had some“ Whence came you, Mynheer ?” where been told, abounded in the new quoth he.
world. Jonathan was the greatest man, “Right off the reel from old Salem, I and his dog the greatest dog at the guess,” replied Jonathan.
Cape. He dined with the governor and “Old Salem - whereabouts is dat burgomasters; cracked his jokes with den? I tont know any sich place about their wives and daughters, danced with here."
the Hottentots, and might have married “I guess not. What 's your name, a rich Dutch damsel of five hundred squire ?”
weight, and five thousand ducats a-year, “ Hans Ollenbockenoffenhaffengra- provided he would have given up old phensteiner ish my name.”
Salem for ever. “Whew! why it 's as long as a pump
After partaking of the hospitalities of kin vine-now aint it?"
the Cape a few days, Jonathan began to
be in a hurry to prosecute his voyage. vessel, heard where he hailed from, and He knew the value of time as well as became convinced that his whole crew money. On the sixth day he accord- consisted of a Newfoundland dog! The ingly set sail amidst the acclamations of commander of the fleet of ships of war the inhabitants, taking with him a hip- stationed at Lin-Tin, to prevent the popotamus, an ourang outang, and six smuggling of opium into the celestial ring-tailed monkeys, all of which he had empire, seized the sloop, and devoted its bought on speculation. One of his cou- brave commander to the indignation of sins
had, however, been so smitten with the mighty emperor, who is brother to the country about the Cape, or with the the sun and moon. Hereupon Jonathan charms of a little Dutch maiden, that he bethought himself of a piece of the herb determined to stay behind, marry, and he had brought with him and had in his improve the inhabitants—on speculation. pocket. “It is a mighty good chance," A Dutch sailor offered to supply his thought he, "to try if it's the identical place; but Jonathan declined, saying he thing." Accordingly he took a conveguessed his other cousin and the New- nient opportunity of presenting to the foundland dog, who was a pretty parti- valiant commander a bit about as big as cular cute kritter, could sail his sloop his finger. The admiral, whose name quite round the world and back again. was Tizzy-Wizzy-Twang-Lang, stared
Not much of interest occurred during at him at first with astonishment, then the voyage until he arrived at Macao, at the present with almost dismay, and where he excited the same astonishment, thrusting it into his pocket, immediately underwent the same scrutiny, returned caused it to be proclaimed that the the same satisfactory answers, and came “foreign barbarian" was innocent of the off as triumphantly as he did at the crime, or the intention of smuggling Cape of Good Hope. While here, he opium, and might go any where he saw every thing, inquired about every pleased. Tizzy - Wizzy - Twang - Lang thing, and went every where. Among then sat down and wrote a dispatch to other adventures, he one day accom- the governor of Canton, stating that he panied his cousin in a fishing-boat, to had routed the “ foreign barbarians," see if they fished as the people did on destroyed their feet, and thrown all the banks of Newfoundland. Unfortu- their opium overboard. After which he nately a violent storm came on ; some shut himself up in his cabin, and took a of the boats were lost, and their crews morsel of the treasure Jonathan had drowned. The survivors went and of- presented him, about as large as the fered up some of their paddles at the head of a pin. It is astonishing how great temple of Neang-ma-ko. Those much better he felt afterwards. that were able added some matches and In the mean while Jonathan had set gilt paper.
Jonathan's other cousin sail, and was ploughing his way towards here determined to stay behind at Ma- Canton, with a fair wind and a good
It occurred to him he might prospect of making a great speculation, make a speculation by curing the fish for he had ascertained to a certainty that
, after the manner of mackarel. Jonathan the article he had brought with him was did not much like this, but he said the real gin-seng, which was worth five
never mind, I partly guess I can do times its weight in gold. He went without him.”
ashore at the village of Ho-tun, where Jonathan had now no one but his he saw the people catching wild ducks Newfoundland dog to assist in the navi- and geese, which they fatten by feeding gation of his sloop. But he thought to in the dark. “ That's a good hint," himself, his voyage was almost at an said Jonathan, shutting one eye, “and end, and, at all events, if he hired any of I 'll tell the folks at old Salem.” While the Macao people, they would be offer- he was walking about, seeing into every ing up matches and gilt paper to Neang- thing, he was unexpectedly saluted by a ma-ko, instead of minding their business. shower of stones from a parcel of chilSo he set sail for Canton, the Chinese dren, with their hair sticking up behind prognosticating he would go to the bot. like two horns. Jonathan thought this tom, because he did not make an offering tarnation ungenteel ; but he prudently to Neang-ma-ko, and the Portuguese suppressed his anger, considering he was that he would go to the devil, because he in a strange country, and was come to did not make his devoirs to the Virgin. try his fortuné.
At Lin-Tin he was taken for a “May I be buttered," quoth Jonasmuggler of opium by some, and for a than, as he approached Canton, and saw magician by others, when they saw his the countless boats moored in streets on