justice, but never really existed. And the other (through ignorance of the meaning of the conjunction THAT) had never been truly understood; neither by the counsel, who originally took the exception, nor perhaps by the judges who made the decision, nor by the reporter of it, nor by the present chief justice, who quoted and misapplied it.

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Perhaps it may make my readers smile; but I mention it as a further instance of the importance of the inquiry into the meaning of words;—that in the decision of the judges in the house lords, the chief justice De Grey (who found or and CONCERNING SO comprehensive, clear, and definite) began by declaring thatthe word certainty (which the law requires in the description of crimes) is as indefinite (that is as uncertain) as any word that could be used. Now, though certainty is so very uncertain, we must suppose the word libel to be very definite; and yet, if I were called upon for an equivalent term, I believe I could not find in our language any word more popularly opposite than calumny; which is defined by Cicero, in his Offices, to be "callida et malitiosa juris interpretatio*."

The letter to his friend, Mr. Dunning, after

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wards lord Ashburton, is dated "King's Bench prison, April 21, 1778," and must be allowed to display uncommon ingenuity and research. The whole of it is occupied in a critical examination of the information, in the case of the king and Lawley, which had been quoted as a precedent against him. He endeavours to prove that the averment*, said to be omitted, was not only substantially, but literally made. From this seemingly barren field, was afterwards reaped a noble harvest, in the "Diversions of Purley," of which this tract forms four distinct chapters.

At the expiration of the period assigned by his sentence for imprisonment, Mr. Horne, as has been already stated, paid his fine, and found sureties for good behaviour during two years. The latter circumstance was considered by him as the hardest, as well as the most delicate part of the judgment; for his bosom still burned with

* "The exception taken was, that it was not positively averred that Crooke was indicted; it was only laid that she sciens, that Crooke, had been indicted and was to be tried for forgery, did so and so."

"She knowing that Crooke had been indicted for forgery, did so and so,"

That is literally thus:

"Crooke had been indicted for forgery"-(there is the averment literally made)" She knowing that, did so and

unquenchable zeal and never-dying resentment. Like the martyrs of the primitive church, he cherished his opinions with renewed ardour, in consequence of the persecutions he had endured; and, with the heroes of the croisades, he was still ready to encounter, and even to extirpate, if possible, those infidels who were hostile to his faith.

The various pursuits in which this gentleman had hitherto been uninterruptedly occupied have been already detailed. He had now attained the meridian of life, and could no longer be termed a young man. Some portion of his days had been spent gaily, and, most likely, happily also, in foreign countries; and in his cure at Brentford, tranquillity at least, if not wealth, was within his reach. But of late he had ventured again on the " troublous ocean" of political strife, and had been shipwrecked in a jail. Having abandoned his own profession, another was still to be sought after, and he had now arrived at that stage of existence when all the other passions generally begin to retire, and leave ambition to exercise an undivided dominion over the human breast.

At this period, however, riches did not abound. The expenses of three trials, and an imprisonment of some duration, had greatly

diminished his fortune, and, to complete the whole, he was now, at the age of forty-three, for the first time, attacked by disease.

This malady proved to be one, usually more painful than dangerous, and therefore exposing the patient rather to the jokes, than entitling him to the compassion of his best friends. The first fit, which proved uncommonly severe, occurred in 1779, and was supposed by himself to have been produced by drinking red wine, while residing within the precincts of the King's Bench. But, whatever might be the predisposing cause, there is every reason to presume it completely falsified the proverb, "that gout and riches go together."

Immediately on his recovery, he determined. to fulfil the promise recently made to himself and his friends. He had already kept the necessary number of terms, which were, indeed, gratuitously lessened to him, as a graduate of the rank of master of arts; and nothing now remained but to order his wig and gown, pay the usual fees into the hands of the treasurer of the Inner Temple, and invite his companions to an entertainment on the occasion. Every thing was accordingly prepared. Several eminent attornies had voluntarily promised him briefs; and the whole profession considered a man so

richly gifted, both by nature and education, as eminently qualified to do ample justice to their clients.

But while his friends were thus felicitating him, on the prospect of approaching wealth and honours, a plan was actually formed on the part of his opponents, to deprive him of the means of procuring a livelihood by his talents. On applying for a call, in 1779, instead of granting this request, with the usual facility, the benchers affected to demur, and actually withheld their assent to the name of "John Horne," at the same time permitting all the other candidates to become barristers without the least objection. On being desired to explain, they expressed their doubts as to the eligibility of the gentleman in question. They could not urge any thing against his character, for it was respectable; against his station, for it was creditable; against his education, for he had aspired to and obtained the honours of his college; or against his talents, as these were allowed to be eminent, and indeed.constituted the sole disqualification. This last circumstance is said to have created a mean jealousy on the part of some practising lawyers, who were afraid of being eclipsed by a new competitor; but the chief opposition sprung from another quarter: