the tranquil depth. Then did our mouth water, then were the salivaries pushed to action, then yearned the stomach, and leapt the blood exultingly; for we saw in the tiny bubbles, as one by one they slowly raised their heads, harbingers of bliss and breakfast.
It would be hard to say how much of love-making on long winter evenings, the fleecy snow falling fast outside, thou hast witnessed. How thy presence hath grown into the enamored soul, making dear in anticipation the hearth of home. How that sly romping Cupid has confessed thee more potent than all his quiver. And, oh! with what earnestness came upon the ear the returning foot-steps of the bed-bound good-wife, as her voice, modulated to the pathos of deep entreaty, rolled down the kitchen stairs. Startling was it in its impressiveness. We hear it now: 'Betsy, do n't forget the cakes!'
It is over. We are brick-making in the land of Egypt, and like persecuted Israel, driven to furnish our own straw. Farewell, dear household god, venerable old friend, farewell! May it be long ere thou goest the way of all pottery; mayest thou continue in a beatitude of buckwheat, and from thy capacious maw dispense whole family generations of cakes.
If thou shouldst speak my name aloud,
I could not tell thee, by that tone.
Thy words might fall upon my ear
In tender accents, soft and low;
Yet doubt, even then, would make me slow
To say, It is thy voice I hear.
Few, very few thy years, and yet
The fall of age is covering thee;
The sun of youth in darkness set,
The stars of night rise over thee.
I know not if thy brow is still
And calm with placid thoughts, or bent
From their free arch- the sorrow sent
Upon thee greater than thy will;
I know not if the prayer or groan
Breaks oftenest from thy lip: I see,
Through that which parteth us, alone
A vision, very dear to me:
A vision like to Death's, yet sweet-
Ghost-like, more than human;
Angel, more than woman;
A mortal suffering, and complete
MICHAELMAS TERM, 17 GEO. II., IN CANTERBURY, NEW-HAMPSHIRE.
FAM'D Westminster Hall and the Inns of Courts
May boast of great men who have made their Reports;
Of causes adjudged after long debates,
By which men recovered much goods and estates.
Their judgments and pleas shew wisdom and learning,
Are good rules for courts and other men's warning.
Great Lawyers and Judges which have got renown,
By doing of right and keeping wrong down,
COKE and D'ANVERS for England, and great VAUGHAN for Wales,
Have worthily done; but none like our SCALES,
Of Canterbury Town, seated near to the Lake;
Where he that gives judgment is not apt to mistake;
Where MOSES and AARON not only joyn hand,
But are the same person, as I understand.
Happy are the people who live in a town
Where the same person wears both the mitre and gown;
So sacred their persons, they'd have all men know it,
What they do is right, because 't is they do it.
Old Canterbury did for a very long time
Contend with old York, which of them should be prime;
Their Prelates for power pull'd, as with a rope,
Which should be the highest next unto the Pope.
The first obtain'd Moses and AARON's fine Chair;
And so has great SCALES in Canterbury here.
But in truth not in vain he executes the Laws,
Done justice 'twixt two, and thus tells the cause:
JAMES LINDSEY, Cordwinder, he was the Plan-tiff,
ABNER CLOUGH, a Yeoman, was Defen-dent stiff;
The first of Canterbury, who sued for his debts,
The last of Salisbury, in the Massachu-setts.
In New-Hampshire Province, as the Justice does say,
The cause was commenced on the twenty-fourth day
Of the month of October, in the year forty-three,
Which was the same time the dispute was to be;
In an action of debt, the aforesaid dispute,
Both parties, 't is said. came to prosecute.
The writ was directed to the Sheriff to serve,
His Sub or his Deputy, or (you may observe)
The Constable of Canterbury might serve it with zeal;
But I do not observe that the Writ had a seal;
Nor is it observ'd that the Writ was endorst;
"Tis no matter whether of these are the worst.
Now note what is said unto the offi-cers,
And also the griefs which the Plantiff declares.
They were bid to attach the Defendant's estate,
The sum forty shillings, money of the old date;
Or else take his body, and him safely keep,
That he might be had, awake or asleep,
Before the said Justice at Canterbury Town;
No certain place in it, but go up and down,
To find out the Justice, at two afternoon,
That day of the week which is rul'd by the moon,
The twenty-fourth of October, the year mentioned before,
To hear the complaint of the Plantiff read o'er,
In a Plea of Debt, as the Plantiff doth say;
For that the Defendant, the seventeenth of May,
Did become indebted to him sixteen shilling,
But to pay it is not, nor ever was willing.
'Twas old Tenor money, as by the account,
The price of two bushels of oats did amount,
Which you, the Defendant, did promiss to pay
Unto him, the Plan-tiff but yet do delay,
Though thereto requested; as he does declare,
To his hurt forty shillings, as then should appear,
With other due damage, as then shall be seen.
The officer's return, with bis doings therein,
To be made, at the day for tryall appointed,
Unto the said Justice, for great things anointed.
The thirteenth of October, the Writ's date is plain,
In the seventeenth year of his Majesties Reign.
The persons of Defendant and Sheriff are blended,
And here, see, the Plantiff's Declaration is ended.
JAMES LINDSEY made oath, as the Justice well notes,
That unto Jo. DAVIS he delivered the oats
On ABNER's account, who hired said Davis,
And ought to pay for them, but proves very knavish;
That he has not had pay, in the whole or in part,
Which has caused him very much grief at his heart.
The twenty-fifth of October the Proot was receiv'd,
But the truth of the Debt was not yet believ'd.
The Return of the Writ next comes as reported:
The fourteenth of October the Constable resorted
And attacht the Defendant's estate as directed;
Then gave him a Summons ere he was suspected.
Then the case was called, and the Defendant desired
To make direct answer to what was required.
He pleaded abatement of the writ for two reasons;
Sure no right, wise Judge would condemn them for treasons:
First, that he desir'd, if the Plantiff thought fit,
To reckon before the date of the Writ;
Alledging that 'twixt them there was an account,
And that his demands would the Plantiff's surmount.
Secondly, the Defendant flatly did deny it,
That he e'er had the oats, as charged in the Writ,
Either by himself, or to any intent,
Or by any person that by him was sent.
To the first, the Plantiff said he knew of no book
The Defendant had, wherein he could look ;
But if he had any, the Defendant might
Take the method he had to recover his right.
To the second he said he Proof could produce
The oats were applied to the Defendant's use
For which he was charged, and therefore did pray
The case might be continued untill the next day;
Which, being but asked, was granted as soon,
Untill the next day, at seven afternoon;
Which time being come, the Plantiff at large
Endeavour'd by Witnesses for to prove his charge;
Also his own oath, made to his account,
The which he expected to full Proof would amount.
One was Jo. DAVIS, who ABNER had hired,
That received the oats, but by others desired;
Then ELEANOR GIPSON, who with LINDSEY did live
At the time when Jo. DAVIS the oats did receive.
Jo. DAVIS deposed, that he never was sent
To the Plantiff for oats by the Defen-dent;
But his brother, TOM CLOUGH, or his wife, or both,
Which he could not tell, he said upon oath,
Bade him bring some oats from LINDSEY'S with speed,
For which the said ABNER with him had agreed.
Then to LINDSEY'S house Jo. DAVIS did walk,
To know if said ABNER with LINDSEY did talk;
And then he two bushels of oats did receive,
Which they before talked of, as he did believe,
And carry'd them home to the house of TOM CLOUGH.
Whether e'er ABNER had them he never did know,
For both of them boarded with Tom at that time:
But Jo. ne'er gave ABNER the oats; that's the crime.
Then the oath of ELEANOR GIPSON by name,
Who was at LINDSEY'S house when Jo. DAVIS came
For two bushels of oats for th' aforesaid AB-NER,
And they were deliver'd, in the sight of her,
To him, the said Jo., by measure that day;
Then having received them, Jo. Davis did say,
That ABNER had sent no money at all,
But would pay when he came from the Interval.
That ever he said so Jo. DAVIS deny'd,
As much as to say that poor ELEANOR lied.
When the Justice had heard the case argued o'er,
And having ne'er try'd any one case before,
This seem'd difficult; he therefore thought fit
To defer his Judgment, and consider of it,
To another opportunity; 't is mentioned twice,
Once to give Judgment, once to ask advice
Of those that were skill'd more in cases of Law,
That right being done the wicked might aw.
Judgment was defer'd, as the Justice doth say,
Till seven afternoon of the thirty-first day
Of the same October, in the very same year;
The parties attending, their doom were to hear.
In the mean time, as you may understand,
A Journey to Portsmouth was taken in hand
By him, the said Justice, who could not return
In time to give Judgment, so that Iron must burn.
On the twenty-seventh day of October, therefore,
This ponderous case was deferred once more
To the twenty-first day of the following November,
At seven afternoon, as I do remember;
And timely notice to each party was sent.
By this time their oates are pretty well spent.
The twenty-first of November, in ye year forty-three,
JAMES LYNDSEY, the Plantiff, came personally,
For to git Judgment against the De-fend-ent,
In hopes at this time there would be an-end-on't.
The De endent also ('tis recorded) ere whiles
Appear'd at the Court by JosIAH MILES,
Both waiting for Judgment, big with expectation;
Such a ponderous case concerns the whole nation.
Judgment was given: the Plantiff has lost:
'T was for the Defendent to recover his cost,
Because the Defendent deny'd that he had
The oats that are charg'd; the account therefore bad;
And the proof of the Plantiff's did not quite amount
To full proof of ye Debt, or of his account.
The Plantiff resolv'd t' have another touch for 't,
Therefore be appeal'd to th' Inferiour Court,
To be held at Portsmouth in December then next,
And gave bond to pros'cute the same with effect;
Pay damage and cost what should be award-ed,
'Gainst him if the sentence should be affirm-ed.
Note, the pleas in abatement contained no treasons,
So the Plantiff gave none in the following reasons
Which he gave to the Justice for his said appeal,
And if try'd will be found to wear like good steel:
First, That the Judgment is a great offence,
Not being according to the evidence.
Secondly, That the Judgment was continu-ed,
(But from or unto what time is not said.)
Thirdly, The Defendent did not then appear
In his own proper Person, the Judgment to hear.
To the reasons of appeal the Justice did say,
And I do think only with Justice he may:
As to the first reason, what the Witnesses mean
Is written above, and plain to be seen.
To the second strong reason, he above has declar'd
Why giving his Judgment as above was deferr'd.
To the third, the Defendent he did not appear
In person at Court his Sentence to hear,
Was because the said CLOUGH could not make an Attorney
When the Justice himself was out on his Journey.
Before the said ABNER from Canterb'ry did stee:,
He therefore desired that MILES would appear,
And hear the sage Judgment if he did not come,
And to appeal for him if there was any room,
And pay all the fees, that there might be no halt;
Therefore the said Justice did not note a Default.
All stands in this order, see 't now, if you please,
Signed and well attested by a Justice of Peace.
Next comes in order a Bill of the Cost,
Where the Justice takes care of his own fees first.
The articles shew 't is a very good trade:
There's confessing of Judginent which never was made;
Summons's and swearing, there's money got by 't;
In the Bill there is scarce one charge that is right.
One pound four and twopence the Bill does amount,
But old or new Tenor we have no account.
Plantiff's and Defendent's Costs all in one Bill,
But who is to pay them remains a doubt still.
When Clergymen meddle with civil affairs,
Seek after commissions neglecting their pray'rs,
While one work is doing the other's neglected,
And this is no more than may be expected.
As affairs do now stand, some think 't would be best
For SCALES to be Justice and WOODBERRY the Priest.
Let the Judge wear his gown and ye Priest wear his mitre,
Then 't will be most likely that things will go righter;
And every one to his own business attend,"
Then Justices and Priests and Lawyers will mend.
And if none undertake what they don't understand,
Then Justice and Truth will dwell in the Land!
WRITTEN ON THE FIRST ANNIVERSARY OF THE DEATH OF AN ONLY SON.
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