Imagini ale paginilor
PDF
ePub

The Fox curtailed.

A Fox being caught in a trap, made shift to escape with the loss of his tail, but was ready to die with shame, on becoming fully sensible of his mutilated condition. It occurred to him, however, that if none of his kind had this appendage, his disgrace would vanish; and he resolved immediately to introduce the new fashion. Accordingly, at a public meeting convened for the purpose by his desire, he opened the matter in a florid speech, recommending to general notice the light, graceful, and expedient mode of going without tails; assuring the public, that upon trial he had found it highly conducive to his own ease and comfort. "Without doubt you have," replied one of the company, cutting him short once more; "and so shall we too, if ever we happen to have the like occasion to part with them!"

The Application. This is a good hint to the promoters of frivolous fashions, some of which have originated in ridiculous emergencies. As to our Fox, however, either he was not a Fox of sufficient consequence, or the age was not yet ripe for the exploit of a Bond-street hero. If, instead of going to a General Assembly with his grave proposal, he had but annexed to his rump an artificial balldress of some kind, such as a silk bag, a case stuffed with tow, or three tails for one, and dangled it about in all places of resort, among the puppies of his own species, he would probably have found imitators, who, for the mere love of novelty would have been content to resign the natural appendage for this gay and changeable substitute, and the mode thus once set on foot, the gravest dons in the council-nay the whosle Alopecian community, (with the exception, possibly, of a few philosophers and schismatics,) might have been found, in due time, with as little of a real tail as himself.

The Peacock's Complaint.

Tuis contentus, ne concupiscas aliena. Phædr. iii. 18.

The Peacock, Juno's bird, complain'd his lot was hard
In Nature's vocal choir his part to be debarr'd:
"The feather'd tribes my form, with one consent, admire,
My dismal screams alone contempt and scorn inspire."

[ocr errors]

To sooth her favourite fowl, the Olympian queen replied,
Majestic, beautous, tall-what wouldst thou have beside?
The splendour of thy neck does emeralds outvie;

Thy train a gem displays in every golden eye."

"Ah! what avails it all, with this discordant voice ?"
"Cease, foolish bird! nor thus impeach thy patron's choice.

To every living thing the Fates his part decree;

Strength to the bird of Jove, and beauty's palm to thee;
The homely nightingale hence claims her envied song,
While to the Raven's kind the augur's signs belong.
All these contented live, each in his proper lot;
Go thou and do the like, these vain complaints forgot:
Aspire not to a gift, thus to my choice denied,

Lest real sorrow come, to check thy doting pride."

Communications may be addressed, POST PAID, "For the Editor of the Yorkshireman" at the Printer's, Pontefract; at Longman & Co's London; Baines & Newsome's, Leeds; and W. Simpson's, York.

CHARLES ELCOCK, PRINTER, PONTEFRACT.

[blocks in formation]

ART. I.-Uniformity, what it is and what it costs.

(Continued from page 84.)

In Southwark, in 1662, the quakers' meetings were no less disturbed than in London. "Several persons having been taken from their religious meetings were committed, and after having been in WhiteLion prison about nine weeks were brought to the bar; where Richard Onslow sate as judge of the Sessions. The indictment drawn up

against them was as follows:

"The jurors for our lord the King do present upon their oath, that Arthur Fisher, late of the parish of St. Olave, in the borough of Southwark in the county of Surrey, yeoman; Nathaniel Robinson of the same, yeoman; and others, being wicked, dangerous, and seditious sectaries, and disloyal persons, and above the age of 16 years, who on the 29th day of June, in the year of the reign of our lord Charles the second, by the grace of God, King of England, Scotland, France, and Ireland, &c., the fourteenth, have obstinately refused, and every one of them hath obstinately refused, to repair unto some church, chapel or usual place of common prayer, according to the laws and statutes of this kingdom of England in the like case set forth and provided (after forty days next after the end of the Session of Parliament begun and holden at Westminster, on the 29th day of February, in the year of our lady Elizabeth, late queen of England, the thirty fifth, and there continued until the dissolution of the same, being the tenth day of April, in the 35th year above said) To wit, on the third day of August, in the year of the reign of the said Charles, king of England, the fourteenth above said, in the parish of St. Olave aforesaid, in the county aforesaid, of themselves did voluntarily and unlawfully join in and were present at an unlawful assembly, conventicle, or meeting, at the said parish of St. Olave aforesaid, under colour and pretence of the exercise of religion,* against the laws and statutes of this kingdom of England, in contempt of our said lord the king that now is, his crown and dignity, and contrary to the form of the statute in the same case set forth and provided.

There needs nothing beyond this short sentence to exculpate the prisoners (no evidence of other misconduct being adduced) in the eye of any tolerant person: it is almost a wonder they put it in.

Ed.

N

"This indictment being read, the prisoners desired that they might be tried by the late Act of parliament against conventicles:* but it was answered that they [the Court] might try them by what they would that was in force. Then the prisoners desired that that statute (viz. the 35th of Elizabeth) might be read. This was done but in part, and it was said to the Clerk, it was enough. The prisoners said, then, that that act was made in the time of ignorance, when the people were but newly stept out of popery; and they shewed also how unjustly they were dealt with. Then being required to plead guilty, or not guilty, to the indictment, some who were not very forward to answer, were haled out of the court, as taken pro confessis ; and so sent back to prison. The rest, being twenty two in number, pleaded 'Not guilty. Then the jurymen were called, and when they had excepted against one, the judge would not allow it, because he did not like the reason they gave-namely, that they saw envy, prejudice, aud a vain deportment, in him. Another was excepted against, because he was heard to say that he hoped, ere long, that the quakers should be arraigned at the bar, and be banished to some land where there was nothing but bears. At this the Court burst out into laughter; yet the exception was admitted and the man put by. The prisoners not thinking it convenient to make more exceptions, the jury were sworn: then two witnesses were called, who testified at most, that in such a place they took such persons met together, whose names were specified in writing.

"Then the prisoners bade the Jury take heed how they did sport or dally with holy things, and that those things which concerned the conscience were holy things. And as a man was not to sport with the health or illness of his neighbour, so he was not to sport with the liberty or the banishment of his neighbour. And whereas they were accused of being wicked, dangerous and seditious sectaries, that was not true; for they were not wicked, but such as endeavoured to live soberly, righteously, and godly in the world; concerning the truth of which they appealed to themselves [the Jury] neither were they seditious, but peaceable. And whereas they were charged for not coming to hear the common prayer, this was incongruous; for the service book was not quite printed several weeks after the said 29th of June; so that they could not be charged of neglecting to hear that which was not to be heard read any where. This puzzled the Court not a little; and other pinching reasons were also given by the prisoners, some of which were men of learning; insomuch that the judge was not able to answer their objections but by shifts and evasions. At length the jury went out to consult and one of them was heard to say, as they were going up stairs, Here is a deal to do indeed to condemn a company of innocent men !'

"After some time, the jury coming again, and being asked whether the prisoners at the bar were guilty or not guilty, they said they were guilty in part, and not guilty in part. But this verdict did not please

13 and 14 Cha. II. cap. 1. See No. V. of this work, page 61, for the Preamble and penalties of this Act.

the judge. The jury then going out again, and prevailing upon one another [the said person excepted against, who had manifested something to the prisoners' prejudice, being, it is to be remembered, among them] quickly returned, and declared the prisoners guilty according to the form of the indictment.

"Hereupon Judge Onslow pronounced sentence, viz. That they should return to prison again, and lie there three months without bail; and if they did not make submission according as the law directed, either at or before the end of the aforesaid three months, that then they should abjure the realm: but in case they refused to make abjuration, or after abjuration made, should forbear to depart the realm within the time limited, or should return again without licence, they should be proceeded against as felons.

"Just before sentence given, the judge said to one of the prisoners, there was a way to escape the penalty, viz. Submission. And being asked what that was, the judge answered, To come to common prayer and refrain these meetings. The prisoner giving reasons for refusal of both, the judge said, 'Then you must abjure the land.'—' Abjure' returned the prisoner is forswear.' To which one of the justices said laughingly, And ye cannot swear at all!” Sewel vol. ii. p. 19, 4th Edition.

[ocr errors]

This goes beyond Dan. iii, of which the proceedings are in other respects a copy. But though the furnace was thus made seven times hotter for them, than it was wont to be by the Act by which they had desired to be tried, it is questionable whether they endured even a long imprisonment; as we have no account further respecting them. In June 1662' we have an account of the trial of John Crook, gent. [an Ex-Justice of the peace] John Bolton, goldsmith, and Isaac Grey, physician, at the Old Baily, before the Lord Mayor, the Recorder, Chief Justice Forster, and several other Magistrates, and among these, Richard Brown late Mayor.

6

The offence was the being at a Meeting for worship: the Judge began with the prisoner as an Inquisitor- What meeting was that you were at?—When did you take the oath of allegiance? The purpose was to entangle the prisoners by their refusal of the oath. Crook resisted this as long as he could (which was not a little time) and demanded his accuser face to face, and a fair trial, but in vain. The following is a specimen of the proceedings, an account of which occupies 11 folio pages: See Besse, vol. i. 369-379.

"Chief Justice. Call John Crook to the bar.

Which the cryer did accordingly, he being among the felons.
Ch. J. When did you take the oath of allegiance?

J. C. I desire to be heard

Ch. J.

Answer to the question and you shall be heard.

J. C. I have been about six weeks in prison, and am I now called to accuse myself? For the answering to this question in the negative is to accuse myself, which you ought not to put me upon: Nemo debet seipsum prodere. I am an Englishman and by the laws of England I ought not to be taken, nor imprisoned, nor deprived of

my freehold, nor called in question, nor put to answer, but according to the law of the land, which I challenge as my birthright, on my own behalf and all that hear me this day (or words to this purpose.) I stand her at this bar as a delinquent, and do desire that my accuser be brought forth to accuse me for my delinquency, and then I shall answer to my charge, if any I be guilty of.

may

Judge. You are demanded here to take the oath of allegiance, and when you have done that, then you shall be heard about the other; for we have power to tender it to any man.

J. C. Not to me, upon this occasion, in this place; for I am brought hither as an offender already, and not to be made an offender here, or to accuse myself: for I am an Englishman, as 1 have said to you, and challenge the benefit of the laws of England: for by them is a better inheritance derived to me as an Englishman than what I receive from my parents-for by the former the latter is preserved : and this the 29th chapter of Magna Charta, and the Petition of Rights, mentioned in the 3rd of Charles the First, and in other good laws of England, confirm, and therefore I desire the benefit and observance of them. And you that are judges on the bench ought to be my council, and not my accusers: but to inform me of the benefit of the laws: and wherein I am ignorant you ought to inform me, that I may not suffer through my own ignorance of those advantages which the laws of England afford me as an Englishman.

Judge. We sit here to do justice, and are upon our oaths, and we are to tell you what is law, and not you us. Therefore, Sirrah! you are too bold.

J. C. Sirrah is not a word becoming a judge. I am no felon; neither ought you to menace the prisoners at the bar. For I stand here arraigned as for my life, my liberty and outward estate (they being now at the stake). Therefore you ought to hear me what I can say, to the full, in my own defence, according to law, and that in its season, as it is given me to speak: Therefore I hope the Court will bear with me, if I am bold to assert my liberty, as an Englishman and as a Christian. And if I speak loud, it is my zeal for the truth, and for the name of the Lord; and my innocence makes me bold. Judge. It is an evil zeal.

J. C. No: I am bold in the name of the Lord God Almighty, the everlasting Jehovah, to assert the truth and stand as a witness for it. Let accuser be brought forth, and I am ready to answer any Court of Justice."

my

After more of this sort of disgraceful browbeating of the prisoner, and being informed that his first denial should be recorded, and the oath tendered him again at the end of the Sessions; when, upon his second refusal he would run a Premunire,' which (said the Judge) is the forfeiture of all your estate, if you have any, and imprisonment during life,' he was pretty soon had out of Court, bidding them 'take heed of oppressing the innocent. Thus ended (as to his case) the first of three days' flagrant abuse of the judicial power, on the part of these magistrates. On the third day, the prisoners being had into

[ocr errors]
« ÎnapoiContinuă »