ricans could feel how much consequence they impart to the tank of Great Britain amongst nations. I will make no apology for concluding with an extract from Johnson's Tour to the Hebrides, not less distinguished for its beauty than its truth, which will for ever rescue the love of antiquities from the sneer of the coldhearted politician, the mockery of the man of wit, and the pity of the man of pleasure. "To abstract the mind from all local emotion would be impossible, if it were endeavoured; and would be foolish, if it were possible. Whatever withdraws us from the power of our senses; whatever makes the past, the distant, or the future predominate over the present, advances us in the dignity of thinking beings. Far from me, and from my friends be such frigid philosophy, as may conduct us indifferent and unmoved over any ground which has been dignified by wisdom, bravery, or virtue. That man is little to be envied, whose patriotism would not gain force upon the plain of Marathon, or whose piety would not grow warmer among the ruins of Iona." Yours, &c. Mr. URBAN, PHILOCHTHES. Highgate, near Birmingham, Oct. 6. N connection with the subject of the Earl of Shrewsbury's Irish titles (see pp. 194, 290), you may perhaps find a place in your Magazine, for the following Address to one of his Lordship's ancestors, from the Bishop of Ferns, Viscount Mountgarret, and the chief persons of Wexford, which I copied in the year 1807, from the original paper preserved in the family archives. Three of the signatures, marked with an asterisk, are very confused and obscure; and, it is possible, may have been misread, notwithstanding all the care of Yours, &c. WILLIAM HAMPER. To the right honorable our vearie good L'd the Earle of Shrewisbury, geave thease. THE quiete, happie, and peaceable government of yo' lo'p's wourthie progeintores (right honnorable) remaineinge, or rather by diverse occasiones growinge grene, and as it weare, imprented in the harts of all this countrie people; as-well by relacion of some ealders wch yet livinge have tasted the fruits of the same, as by auncient records and p'sidents yet remaineinge, whearby wee are assertained thereof, hathe often stirred and nowé by occasion of this berrer further provoked us, as-well to p'sent before yo' honnor this protestacion of our dutiefull lowe (sic) and thankefulness, as also to expresse the assurred confidence wee repoose in your honnorable favore towards us, who procedinge from suche our gracious patrones and b'nefactors, will, as wee truste, by imitation suceed them, and become alike speciall b'nefactor of this comen weale, as wee and eche of us do and will carie a hartlier, thankfull, and dutiefull remembrance of yor 'p, and in yow and of your honnorable auncestors, and (most willinglie her math and yo' ll'p so pleased in the assumpcion of your auncient signorie over us) woulde moste humblie imbrace and reverence yo' ll'p, wth all dutie and obedience. "And in so muche as our late good lo. and governour George Earle of Shrewisbury, yo l'p graundfather, upon surrender of his signorie here, researved unto us in all things our. auncient lib'ties holden under his Il'pp, wheare of in some parte we have ben abridged, and yet besids p'scripcion have not whearewth to mainteine the auncient donacion of our said lib'ties; Wee have p'sumed under the confidence of yor ll'pp's good acceptacion of our boldnes, moste humblie to beseeche yo' honnor to voutchsaufe us an exemplificacion of our Charters and lib'ties (as doinge otherwise our duties as loiall and good subjicts), wee maie wth her heighnes gracious favor and clemencie enjoy suche previleadges as upon good consideracion weare formerlie bestowed upon us, the firste englishe inhabitaunts of this realme, so by this b'nefitt your honnor shall in suchewise guide us wth all our harts, mynds, and habilities to your service, the children unborne shall have dailie recorded and remembred, and by experience feele the b'nefitt of this your moste honnorable accion, in restoringe us, wch by sundrie occasions tedious to repeate, together with the waunte of our saide fredomes, are degennerat in mynds and decaied in all other habilities, as this berrer Roberte Talbot, a gent. to whom (in respecte of the generall good likinge and truste wee have in him) wee have comitted the relacion hereof, can imparte, moste humblie besechinge your honnor to accepte of him, as one who from his honest pa 1826.] Courts of Arbitration recommended. rents of vearie good accounpte amongeste us hathe gathered and showed suche examples of upright and comendable behavior as the same wth his years and maner of educacion, and as-well for his goodwill wee see him inclined towards the b'nefitt of his native soile, as otherwise for his desirous and good affeccioned disposicion to be supplied and imploied to your honor's good likinge, wee dare recomende wth our gennerall voice. "And so referringe the farther consideracion of our cause unto your honnor, and craivinge p'don for this our tediousnes, do humblie take our leave. From Wexford, the xxth daie of Aprill, 1591. "Yor honnor's moste dutiefull and lovinge frendes, E'mo Fernensis. *Robort Bryghere. Edmound Mont- Robert Hervy. garret. Rychard Synnott. Thos.Collcloughe, Nycholas Coddge. J Jamys Synnott. Nycolas Deverevx. Piers Butler. Sherif. Mat. Fitz Hamon. James Deveroux. THE Hanon Stafford. of Will'm Bromigh'." Mr. URBAN, Oct. 10. HERE is or was in Denmark an authorised Court of Justice always sitting as arbitrators, to decide all controversies about bargains, sales, contracts, and other such matters of common right between man and man, in all which cases one of the Litigants chose one Judge, and the other another, and these two chose a third; before whom each party interested related their own case, and received the speedy determination of an award, which they were bound to obey, without the great charges of Counsellors, Solicitors, Records, Pleas, and Issues, and the worse expence incurred by modern delays. Such a Court is of high authority, for there was at Jerusalem, in the days $98 of Hyrcanus, a Court similar to this, which was among those that Julius Cæsar formed in passing through Syria, after the Alexandrian war, when he reinvested Hyrcanus in the principality of Judea. This ancient Court, or minor sanhedrim, of Three Judges, who were selected for their sanctity and judgment, had been of such eminent service to the people, that it had never been shaken in all the revolutions of empire, or controverted claims of Princes, Conquerors, or High Priests! Our Law, which sanctions by the statute of William III. all references of a pecuniary concern to arbitrators chosen indifferently by the parties theinselves, has in a limited sense taken this ancient rule for its basis, but has not extended it as far as the multiplicity of commercial and other affairs require-in many of which they are driven to litigation in the superior Courts-where, by ingenious pleadings, deep speculations, and by the deaths which in a course of delay naturally occur, and the consequent revival of suits against their representatives, the object in view at the beginning is frequently lost before its termination. It has been said that the public can always, at least in money cases, have recourse to this mode of proceeding; but then they, or one of the parties, are not always conciliatory enough to prefer this mode, although it is their own interest, to an expensive course of litigation, the chief expence of which they hope eventually to cast upon their adversary, or to appeal against any award that should be hostile to their views -- and to harass each other therein more than by an original suit or action. Such instances shew the temper of modern times, in which there are much fewer arbitrations than there used to be 40 years since. The prescribed remedies for enforcing such awards under the above statute are summary, but are open to debate and final order of Court. It seems, therefore, that where mankind are not so ready to conciliate in a comparatively few instances, and though many would fall into it readily, if enforced, the Legislature would do well to extend the present law on the principle of justice and equity-but also on a more elevated and commanding principle of Christianity, which recom mends the most ready way to settle their differences, and to render their worldly affairs less inimical to their Christian calling, and future eternal prosperity. "Agree with thine adversary quickly," &c. &c. Mat. v. 25. The very numerous instances which occur, wherein a disputed demand, or a long account can be settled far more readily at the desk of two merchants or accountants, than in any Court of Law or Equity, and to which they are most frequently referred—the as frequent animosities among families or friends, by claims on property, by hasty expressions, by imagined affronts, by encroachments on land, by unwarrantable trespass, by personal injury or insult, or by slander of reputation, and beyond these by promises of marriage unfulfilled all these appear to me much fitter for private investigation by a Court of three Arbitrators, with authority equal to other Courts of the kingdom, than the expence, the delay, and the odium of a public litigation. By giving such a minor Court equal authority, the necessity of applying to those would be obviated-and if any of the parties should be unable to speak for themselves, this Court might, with caution, admit of pleaders in their behalf, where the cases should be of value to require the greater caution, or excite a more extensive portion of anxiety but this cannot in all probability be required for any length of time, because the modern systems of public education, and the increasing number of Universities, and the energies : of the human mind, are now become so generally the objects of public attention, not to mention the cultivation of those of the body by gymnastic exercises, that few will condescend to call in the aid of others, or their longer experience to do that for them, which they will assuredly think they have ample talents to do better for themselves. It strikes me very forcibly that the precept in the sermon on the mount, "first be reconciled to thy brother, and then come and offer thy gift," (Matt. v. 24) is the highest authority for thus arbitrating human differences, and is thus enforced by an implication that an offering upon the altar is little calculated to propitiate divine mercy, while the spirit of litigation is nourish ed in the heart; and this more especially, as in some of the cases men tioned, when any one is " angry with his brother without a cause” (v. 22). Besides, the spirit which prefers litigation and its difficulties and perplexities, seldom holds firm to the day of payment of the damages that day very seldom is prepared for, or its amount foreknown-it is then too late to repent of all the previous steps; they must be retraced with deep concern in a pecuniary as well as a moral view, as well by the party as by the connections dependent upon him, who then can participate in the unfortunate result, which deprives them of many comforts, by taking from their cus tomary resources an amount of which they will never again see an iota in return! It is a certain truisin that we hate those whom we have injured, evidently because they are standing evidence of our wrong-this applies in many respects to both the litigant parties; for the first defect of conciliation was the cause of all its consequences:-thus forbearance is the spring of mutual happiness and the vital principle of our religion, which should not only be exercised in our Churchés, but also carried with us to our Royal Exchange: and it is the want of it exercised in litigation which has embittered the lives and separated the happy intercourse of family union and honorable friendship. The statute thus recommended would tend to re-establish these causes of human happiness. Yours, &c. GOOD Mr. URBAN, A. H. Oct. 20. OR so I must call you, against your own consent, when I recollect your long and uniform services in the cause of truth, both religious and constitutional-allow me to enter my veto against that precipitate rejection of the Apocryphal books in the Bible, which some persons of the present day seem disposed to sanction. Independently of the instructive tendency of those books, in general, and of the useful application that is made of their aphorisms and counsels to the circumstances of all mankind, they contain, if I mistake not, more claims to a divine character, than their impugners are aware of. Though my citations, in proof of what I say, will be brief, they will be sufficient, methinks, to make us pause, ere we determine to allow the books no place in the Holy Volume. 1826.] Strictures on the Conquest answered. If it can be proved that the Divine Logos himself, who" knew all things," absolutely quoted from these books, who shall presume to hold them in such light estimation, as to deem them unworthy to retain their ancient station? Behold the following correspondent passages -In the eleventh Chapter of St. Luke's Gospel, 49th and 50th verses, Jesus Christ, to his adversaries the Scribes and Pharisees, uses these words: "Therefore also said the wis dom of God, I will send them prophets and apostles; and some of them they shall slay and persecute; that the blood of all the prophets, which was shed from the foundation of the world, may be required of this generation.”—That He in whom were all the treasures of wisdom and knowledge" here quotes from the ancient Scriptures, with which his adversaries were acquainted, is most evident: and where, in those Scriptures, is correspondent language to be found? No where in the canonical Books. It is only to be found in the second book of Esdras, ch. i. v. 32, "I sent unto you my servants the prophets; whom ye have taken and slain, whose blood I will require of your hands, saith the Lord." In the same Chapter are these passages also, correspondent with expressions of Christ: "I gathered you together, as a hen gathered her chickens under her wings," v. 30.-" Your house is desolate," v. 33. CLERICUS. Mr. URBAN, Oct. 25. 995 am and especially a Frenchman, that I inclined to think his sentiments very doubtful upon this subject: "Thus lived and died William 1. sirnamed the Bastard and Conqueror, if this last title may be justly ascribed to him, which all historians are not agreed in. They that maintain this title perfectly suits with him, ground their opinion upon his having no right to the Crown, and the severity of his government, which was all along arbitrary. Others affirm, his election entirely cancelled his right of conquest. This unthe Emperor Augustus, of whom it is said, certainty gives occasion to compare him to that he came to the empire neither by conquest nor usurpation, nor inheritance, nor election; but by a strange mixture of these rights. However this be, or in what manner soever King William may be accused or justified upon this head, he kept possession of the throne, by such politic methods, as are practised by the most able Princes, but which are seldom consonant to the maxims of justice and equity." With reference to Mr. Duke's intel ligent essay on the "Arms and Motto of the county of Kent," I still adhere to my former opinion, as an argument in part of my assertion; for with what sort of propriety the motto could have been assumed and retained, but because the natives of this province so perseveringly held out for privileges peculiar to themselves, I am utterly at a loss to determine. In conclusion, I cannot refrain from alluding to the. circumstance of the "Men of Kent" meeting William with boughs, which I consider highly probable; and if this rests upon doubtful authority, certain NOT having yet had an opportunity it is, that the valiant Frederic*, Abbot of answering SELIM's letter on the subject of the "Conquest" (vol. xcv. ii. p. 588), I shall now endeavour, as briefly and clearly as possible, to refute the arguments therein contained, with a view of establishing with still greater validity, the original position of the subject in question. There appear to have always existed in the best compiled Histories of England, some reasonable grounds of doubt for applying (or rather misapplying) the name of "Conqueror." I before cited Hume on the subject, and now beg permission to submit to your readers an extract from the justly celebrated Rapin, wherein it will be perceived, he partially waves his real opinion on this important feature of History, which circumstance is, to my mind, so ingenuous for a foreigner, of St. Alban's, actually impeded his progress, at the same time boldly asserting that had the rest of the Clergy taken the same prudent steps, he would not have made such rapid advances; and why should not this have been done in more than one solitary instance? That this, moreover, was a customary stratagem, Shakspeare testi fies in his Macbeth, Scene iv. Act 5, where Malcolm says, Let every soldier hew him down a bough And beat before him; thereby shall we shadow The numbers of our host, and make discovery Err in report of us." In Verstegan's "Restitution of decayed Intelligence," is the following remarkable passage: "The honor of Kent. Also, noble Kent, to the ever Thierry on the Norman Conquest. Mr. URBAN, Oct. 5. best qualified to form any correct judg- At Dieppe, Boulogne, and Ostend, the number of summer visitors from England has been considerably less than any of the three or four preceding years. At Dunkerque only, the number appears to have increased, a circumstance to be attributed to the increasing rents, and high prices of every description, in provisions, fuel, masters, &c. &c., at the other ports, that of Boulogne in particular; causes in fact from which such a result might be most naturally expected to result. But whether they be so or not, of the fact of a diminishing British population abroad there can be no question; and surely we may venture to hail it as one amongst other most important indications of a returning prosperity of our native land. Certainly a more anti-patriotic and un-national spirit cannot be conceived than that of enriching foreign countries by the expenditure of revenues drawn from our own, and spending those resources amongst strangers, who, in spite of any little external courtesies, inwardly and devotedly hate us, which might have gladdened many a thousand families, who have scarce had bread to eat at home. The fact too (be it well noted) of this diminishing residence abroad, is the most conclusive contradiction of the long assumed opinion of such residence affording any advantages to counterbalance the substantial comforts (blessings unknown in the cheerless continental homes) deserted with the desertion of our native hearths. The day will not be very distant, we are confidently inclined to argue, when Britons will again universally think and feel that Britain must be their happiest home. PHIL. ALBION. P. S. It would be well if our countrymen would pause and reflect a little before they entrusted the developement of their children's minds to the culture of a foreign soil-from which what can they expect but their bringing back prejudices feeling, and the fopperies and frivolities of foreign manners. But on this topic I shall have more to say anon. Oct. 26. Mr. URBAN, THE HE time is now near, when if due precautions are not taken, it may reasonably be expected that the stealing of dead bodies from Church-yards and other burial grounds, will be resorted to as heretofore, for the purpose of anatomical instruction. I understand that in Glasgow, the graves have been watched by people furnished with fire-arms; this is a plan I would by no means recommend, but that they should be guarded is highly proper. The custom of stealing bodies meets with many defenders, on account, no doubt, of a supposed necessity; but let those persons not be led away by a notion that if no such shameful, disgraceful depredations were committed, all further instructions in anatomy must cease. I observed a notice of anatomical lectures, to begin on the 2d October, in which it is mentioned," an ample supply of subjects as usual." Now by subjects, you will not hesitate a moment, probably, in determining them to be dead human bodies. Let it not be supposed that the writer of this article is one who wishes to prevent anatomical pursuits; but like all other pursuits they should be con ducted in a manner which can be reconciled to a strict adherence to principles of justice and mercy. The study of physiology is laudable, as well as of anatomy, when these principles are adhered to; but when animals are put to torture, as they frequently are, for the discovery of some particular function, it becomes culpable instead of laudable. It may not be generally known that the people who are employed to steal bodies are sometimes also house-breakers. Is it not frequently the practice to fee grave-diggers to betray their trust, and assist the body-stealers? if so, can such conduct be justified? A FRIEND TO ANATOMICAL PURSUITS. |