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Quam videor, par est; et me Narcisus
amavit. FOR THE ANTHOLOGY. Cæteraque ut desint ; quantus est, osten
dere cæli PROSOPOPIA UMBRÆ.
In terris faciem ? quid, quod neque cætea?
Seu formam aspicias, don me Cephëia Æmula Dts, Divisque prior ; Diva ipsa
Pulchrior, aut blando vat esdilecta Phaoni. Me nisi perpetuom tenebris damnasset
Seu rapit attonitum generis te fama ve opacis
tusti ; jam Deus à primå créscentis origine Ante fui, quam tempus erat; 'seu pectora mundi,
tangit Quum solis radios et cæli accenderit ignes. Ingenii sollertis honos ; mihi Cynthiay Mila ego sum terreni imitatrix corporis
Cam nitido, et magni debent præcordia Cælestisque inimica ; mihi ultima Tar
mundi, tarà parent,
Nacuræ in latebris penitus, penitusque Plutonisque domus, Atlántæique recessus.
repos"ta, Neu proavos quæras, primamve ab origi• Detecta esse oculis per me mortalibus ne gentem,
ultro. ipsa tero membris semper redeuntibus
Sive és mirator rerum : mirabere nostras
Nempe triumpbatum Ponti de rege su-, Atque mihi proprio vires reparantur ab
Præsidio unius nostro quis nescit ? ego Dant vitam, queis vitam adimo; nu
ietus tricia praestant
Sustinui cunctos, quum tu, Romane, laQueis ego quotidie exequias et funera
Ilustrem ex tuto jaculis dum conficis Maxima naturæ populis arcana retexi,
hostem. Sideraque et vasti laqueata palatia cæli. Haud aliter molem clypei septemplicis Admovi, astrorumque choros mortalibus oclis.
Opposuit ducibus Teuerisque ruentibus Quod tenebræ luces, quod lux optata Ajax. tenebras
Et tamen huic pugna, si verum quæris, Excipiat, nostrum est ; requiem præbe
45 mus amicam
Plus laudis merui ; clypeum nempe ille; Omnibus, alterno recreantes frigore ter
Hostibus objeci; et quod plus mireris, Quin et, dum nigris orbem circumvolo
Nec virtus hæc una mea est. Seit Flae Musarum quicunque sacris doctæque
vius olim litârunt
Si mihi te victo multum debere, Vitell? Palladis, ingenii condunt monimenta, Scit Marius, fusis Numidis, caproque Joviainque
50 Affectant liquido super aurea sidera celo. Quin ducibus magno stetit igapratio nostri. Per me pyramidům quondam fastigia quos inter Niciæ, qai, classem educere
portu Dicitur esse Thales ; per me, qui fulmine lingua.
(30.. Seu formam,' etc. Forma Umbra. Fregit Alexandri patrem, sibi judicis
(25 ... sibi judices,' etc. Fabula • Asiná 25
umbre. Attentas fecit. Nec me tam credere vilem
(38.. Sive es,' etc. Virtus,
(52... Qaos inter Niciæ, &c. Via (24...' per me,' &c. DEMOITUENH, Plin. lib. X. cap. 12,
Dum pavet Actæam, magico conica mine
victum Credens rorifluæ vultum intabescerelunz,
EXTRACT FROM SOUTHEY'S Cecropias afflixit opes, quæ Martia corda
66 MADOC." Romulidum simili faceret trepidare tu. moltug
MAID of the golden locks, far other lot Docti animos nisi firmasset sollertia Galli. May gentle heaven assign thy happier love, Quid referam, quantos usus mortalibus Blue-eyed Senena! . . They loitered on, ægris,
Along the windings of the grassy shore, Quos pecori præstem? Quis non um
In such free interchange of inward thought, bracula, quis non
As the calm hour invited ; or at times, Audivit gratas platani potantibus um
Willingly silent, listening to the bird
Whost one repeated melancholy note, bras?
60 Munere quis nostro Phæbeam lampada Solicited the ear; or gladlier now
By oft repeating melancholy made, nescit
Harkening that chearful one, who knoweth all Villosæ silva caudæ prohibere Sciurum ? The song of all the winged choristers, Quin, quibus usque pedum Titan defen- And, in one sequence of melodious sounds, ditur umbra
Pours all their music. But one wilder strain Umbripedes populi, qua Sol violentior At fits came o'er the water ; rising now,
Now with a dying fall, in sink and swell Æthiopům recta despectat cuspide, nos
More exquisitely sweet than ever art 65
Of man evoked from instrument of touch, Agnoscunt meritum. Quin et decus ad
Or bcat, or breath. It was the evening gales
Which, passing o'er the harp of Caradoc, dimus illi,
Swept all its chords at once, and blended all Quidquid Apellæi gaudent animâsse co.
Their music into one continuous flow. lores.
The solitary bard, beside his harp Utque artis pars nunc tantum, sic decuit Lcant underneath a trce, whose spreading boughs olim
With broken shade that shifted to the breeze, Tota mihi, ad radios quum circumscri- Played on the waving waters. Overhead bere solis
There was the leafy murmur, at his foot Humanam docui propria sub imagine The lake's perpetual rippic, and from far, formam.
70 Borne on the modulating gale, was heard Sed taceo ; ne, quod reprehendit Tul. The roaring of the mountain cataract. ..
A blind man would have loved the lovely spot lius, omnes Falsæ gloriolæ videar sectarier umbras.
L. (71...Tullius.'-Orat. in Pisone.
@athering ice the tackle binds,
When wi' a bosom crony;
Ye scarcely tell to ôný.
Frae critical dissection ;
Luxuriantly indulge it;
Tho' naething should divulge it ;
The bazard of concealing ; But Och! it bardens a' within, And petrifies the feeling!
7. To catch Dame Fortune's golden smile,
Assiduous wait upon her ; And gather gear by ev'ry wile
'That's justify'd by Honour ; Not for to hide it in a hedge,
Nor for a train-attendant : But for the glorious privilege
Of being independcht.
EPISTLE TO A YOUNG FRIEND.
1. I LANG kae thought, my youthfu' friend,
A something to have sent you,
Than just a kind memento ;
Let time and chance determine ;
2. Ye'll try the world soon, my tad,
And, Andrew dear, believe me, Ye'll find mankind an unco' squad,
And muckle they may grieve ye : For care and trouble set your thought,
E'en when your end's attained ; And a' your views may come to noughts Where ev'ry nerve is strained.
The real, harden'd wicked,
Are to a few restricted :
An' little to be trusted ;
It's rarely right adjusted !
The fear of Hell 's a hangman's whip,
To haud the wretch in order ;
Let that ay be your border :
Debar a' side-pretences ;
9. The great Creator to revere,
Must sure become the Creature ;
And ev'n the rigid feature :
Be complaisance extended ;
Religion may be blinded ;
It may be little minded ;
A conscience but a canker-
11. Adieu, deat amiable youth !
Your heart can ne'er be wanting! May Prudence, Fortitude, and Truth
Erect your brow undaunting! In ploughman phrase, “ God send you spesd!
stul daily to grow wiser ; And may ye better seck the rede,
Than ever did th’advisers,
Yet they wha fa' in Fortune's strife,
Their fate we should na censure, For still th' Important End of life
They equally may answer :
Tho' Poortith hourly stare him ;
Yet bac oac casti to spare him. Vol. III. No. 3. S
THE BOSTON REVIEW,
FOR MARCH, 1806.
Librum tuum legi & quam diligentissime potui annotavi, quæ commutanda, quæ eximcnda, ar.
bitrarer. Nam ego dicere verum assuevi. Neque ulli patientias reprehenduntur, quam qui maxime laudari merentur.
of justice should exist only in the Reports of cases argued and de- breasts of the judges, or in the termined in the supreme judicial
lumber of a clerk's office. court of the state of Massachu
The law of this commonwealth setts from Sept. 1804 to June may be divided into two heads ; 1805, both inclusive. By E. the statute and the common law : phraim Williams, Esq. Vol. I. and this latter is properly distin8vo. pp.570. 85 bound. North- guishable into two kinds,in respect ampton, published by S. & E. to the source from which it is des Butler. 1805.
rived ; namely, what we had, be
fore the revolution, adopted from We congratulate the publick on the English law, and such general the appearance of the present work; customs or usages (for we acthe first-fruits of the office of re- knowledge no particular ones) as porter, lately established by author- have prevailed in this state, and ity of the legislature. In arbitrary have acquired the force of law, governments, where the people though they make no part of the have nothing to do with the laws English system of jurisprudence. but to obey them, a work of this Of our statutes, much the greatest kind would be highly useful, tho' number are private or special ; hardly to be expected ; for decis- and of those which regard the ions and precedents, like acts of whole community, a considerable the legislature, limit the power of number refer to the organization rulers and judges : but that a of the government. They are of free people, whose boast it is, that a political, rather than a civil nathey are governed by laws and not ture. Of those which prescribe by men, should be totally indiffer- rules of civil conduct to the citient to what passes in their courts zens, rules for making and exof justice is a thing we should pounding contracts, principles of hardly credit, on less evidence than decision on the questions daily agthat of experience. What should itated in our courts of justice, the . we think of the legislature, if our number is small ; indeed, it may statutes were to be found only in be a question, whether our system the books of the secretary's office of jurisprudence would suffer an Would it not be deemed a most injury by their total repeal. Becriminal violation of the rights of sides, the exposition of statutes the people ; the most obvious of necessarily belongs to the judicial which is, that of knowing the laws courts. The spirit, rather than by which they are governed ? And the letter of the law, is what we yet a moment's reflexion will serve are bound to regard. Plowden to convince us, that it is no less so, compares an act of the legislature that the decisions of our courts to a nut. The words are only the
husk, or shell; the sense or mcan- use in explaining laws ; but no ing is the kernel or soul of the law. one has taken the trouble, with It is the business of the courts to reference to this subject, to exam. strip off the husk. He, therefore, ine the history of the state, from who would understand the mean. ils settlement to the revolution. ing of the statutes, must carefully The legal customs and usages, study the judicial constructions, which have sprung up among us, which, from time to time, have have never been collected. In been put upon them.
short, our common law is truly an But the maxims and rules of unwritten law. It is merely oral, or the common law greatly exceed communicated by word of mouth. those prescribed by statute, both It rests altogether on uncertain in number and importance ; and tradition. of these, judicial decisions furnish There is some uncertainty and the only evidence. What is the contradiction in judicial decisions, common law of this state ? A pe- compiled even by eminent lawyers, rusal of the records of the English judges, and reporters appointed by courts of justice, books of reports, authority, and preserved in print. the treatises of the learned sages But will there.not be a thousand of the profession, preserved and times more uncertainty and conhanded down from the times of tradiction; or rather, will there be highest antiquity, will furnish the any certainty, any uniformity, in answer as it respects that part of decisions never committed to writ. our laws, which we have borrowed ing? What would be the condition from the English ; but how is the of our statute law, if it rested soleline to be drawn between what we ly on the memory of the members have adopted from the English of the legislature? And what should law, and what has been rejected as occasion a difference in favour of inapplicable? Our constitution fur- judicial decisions, which are the nishes us with a rule on the sub- proper and only evidence of those ject. Whatever has been adopt- laws, which are ratified by the tacit ed, used, and approved in the prov- consent of the people, when they ince, colony, or state of Massachu- depend on the memory of lawyers, setts Bay, and usually practised on or even of the judges who proin the courts of law,” excepting nounced them. It is not an easy such parts “ as are repugnant to task to become thoroughly acthe rights and liberties contained quainted with the principles of the in the constitution,” is law here. English law. It is a task of much But how shall we be enabled to ap- greater difficulty, to become masply this rule ? where shall we look ter of the law of this commonfor the evidence of this adoption, wealth. Our statutes are probably usage, and approbation ; the evi- worse penned than the British; dence of what has been the usual and we have no chart to direct us practice in our courts of law? We in the search of our legal customs have no books of reports ; no ev. and usages. Our law does not deidence of our judicial decisions ; serve the name of science. Our no treatises of learned sages of the judges cannot know, if they would, profession.* History is of great with any good degree of certainty, • At Rome the opinions of the jurise been decided. Is it then wonder.
the points which have heretofore consulti, called the responsa prudentum, were of great weight; and a considerable partful, that they should pursue the of the Roman law is founded upon them. easier, but more dangerous course