Hearken! how my notes are mingling-one by one, and two by two, NOTES. The judgment of the peine forte et dure, on an instance Dropping on thy brain as falls on fading roses freshening of which our ballad is founded, was well known in the andew; cient law of England. As has been seen, it was terribly The circumstances of the judgment were as follows: When a prisoner stood charged with an offence, and an indictment had been found against him, before he could When I came, a missioned spirit, from the four eternal be tried he was called upon to answer, or, in technical par streams. I can see them, though thine eyes can only compass earthly vision: Soon, O, Roland! soon, O, Roland! thou shalt see with eyes elysian : Then the notes that now thou hearest thou shalt see, as on they flow, Angels that are rarest air! and view them through their dances go." Still, entranced, the sufferer listened; and it seemed as from his pain Sweeter music yet was born, for holier hymning lulled his Very wild his agony; very; but between its bars his eyes Till it seemed not only Gwineth but a myriad angels sang; Burst upon his ears one swell! it seemed an anthem of the lance, to plead. A plea in bar is an answer, either affirming or denying the offence charged in the indictment, or, if of a fendant should not be called upon to answer at all. In dilatory character, showing some ground why the dethose days, in all capital cases, the estates of the criminal, on conviction and judgment, were forfeited to the crown. The blood of the offender was considered as corrupted, and, as a consequence, his property could not pass to his family, who, although innocent, suffered for the faults of the criminal. Crimes, therefore, where the punishment fell, not only on the criminal but on his family, were comparatively of rare occurrence. An admission of guilt produced the same effect as a conviction. If the defendant, however, stood mute, obstinately refusing to answer, by which behaviour he preserved his estates to his family, he was sentenced to undergo the judgment of the peine forte et dure. "The English judgment of penance for standing mute," says Chief Justice Blackstone, in his admirable Commentaries, "was as follows: That the prisoner be remanded to the prison from whence he came, and put into a low, dark chamber; and there be laid on his back, naked, unless where decency forbids: that there be placed upon his body as great a weight of iron as he could bear and more; that he have no sustenance, save only on the first day, three morsels of the worst bread; and, on the second day, three draughts of standing water, that should be nearest to the prison door; and in this situation this should be alternately his daily diet till he died, or (as anciently the judgment ran) till he answered." With respect to this horrid judgment, Christian, in his notes to the same work, goes on to say: that "the prosecutor and the court could exercise no discretion, or show no favor to a prisoner who stood obstinately mute." " In Jubilant, divinely ringing; swam his eyes with happy the legal history of this country," (England,) he continues, tears "are numerous instances of persons who have had resolution and patience to undergo so terrible a death in order "Come, forgiven one," the cadence, "chastened spirit, to benefit their heirs by preventing a forfeiture of their come, arise From thine earthly prison-house to holy homes beyond the skies." estates, which would have been a consequence of a conviction by a verdict. There is a memorable story of an ancestor of an ancient family in the north of England. In a fit of jealousy he killed his wife; and put to death his children who were at home, by throwing them from the destroy his only remaining child, an infant nursed at a farm-house at some distance, he was intercepted by a storm of thunder and lightning. This awakened in his breas compunctions of conscience. He desisted from his purAnd all was over. In his trance his spirit's sparkling feet pose, and having surrendered himself to justice, in order to Fainter, fainter, still more feeble, grew the sufferer as he battlements of his castle; and proceeding with an intent to heard, And a sigh swooned on the silence, soft as breathing of a bird, had trod The realms of space, and gone from earth, through air, to judgment and to God. secure his estates to this child, he had the resolution to di under the dreadful judgment of the peine forte et dure` This tale is the base of our romance. THE SEA NYMPH'S SONG. SOUND is he sleeping A watch for the brave: When the doomed ocean child Within a bright chamber From rocks we have torn. BY WILLIAM H. C. HOSMER. I heard thy name spoken A picture is lying, Lorn maid! on his breast That picture in dying His hand closely prest. Why turns thy cheek paler These tidings to know? Should lessen thy wo: THE LITTLE GOLD-FISH. A FAIRY TALE. BY JAMES K. PAULDING, AUTHOR OF THE "DUTCHMAN'S FIRESIDE," ETC. In the reign of good King Doddipol, surnamed the Gnatsnapper, there lived in a stately castle, on the top of a high mountain, a rich old Norseman, who had an only son whom he loved with great ardor, and little discretion, on account of his being the last of an lustrious family. The youth was called Violet, partly because he had for his godmother the Fairy Violetta, and partly on account of having on his left Shoulder an impression of that flower, so perfectly efined, and so vivid in color, that the old nurse mistook it at first sight for a real violet, and declared it melled like a nosegay. Being the only son of a great and rich nobleman, as well as somewhat indolent and unambitious, Violet passed much of his time, while growing up to man2ood, in thinking much and doing nothing. He was without companions, having no equals around him, and was prohibited from associating with his inferiors by the strict etiquette which prevailed throughout the luminions of good King Doddipol. As he grew up hus in almost entire solitude his temperament became ghly poetical and imaginative, his feelings irregular and ardent, and it was predicted that some day or ther he would become a martyr to love. The youth watched its motions with increasing interest, and an eagerness he had never experienced before. Sometimes it would come up close to the spot, almost within reach of his hand, and after balancing on the surface awhile, again dart away, only to return and play a thousand fantastic gambols, full of vivacity and grace. At other times it would remain stationary awhile, looking him in the face with its mellow, melancholy eyes, and an expression of sorrowful tenderness that sunk into his heart. He remained watching its motions in deep solicitude, until the gathering shadows of twilight warned him away, and reached home so late that he found his father anxiously awaiting his return. The Old Man of the Hills inquired of him where he had been, and what had detained him so long; but he answered evasively, being ashamed to confess he had been fascinated by a little gold-fish. That night he could think of nothing but the little gold-fish, and when at length sleep came over his eyelids, he dreamed it was a beautiful princess, transformed by the power of some wicked enchanter or malignant fairy. The impression was so vivid in his mind, that when he awoke he could not decide whether it was indeed a dream, or whether he had not actually seen the charming princess, whose fea Much of his time was spent in lonely rambles mong the mountains which surrounded the residence of the Old Man of the Hills, as he was called, a dis-tures were indelibly impressed on his memory. The ance of many miles in every direction, and one sumner day, wandering on without knowing or caring whither he went, he at length found himself in a egion where he had never been before. It was a kep, sequestered, rocky dell, shaded by gloomy Les, from the farther extremity of which there tumMed a bright cascade of snow-white foam, which, after forming a deep transparent basin at its foot, scaped murmuring among the rocks below and dis*ppeared. Not a sound was heard but that of the ailing waters and the gurgling stream, for the birds lelight not in the gloom of perpetual shade, and neither inter nor woodman ever visited this lonely retreat. Tired with his long ramble, Violet sat down at the foot of a lofty tree, whose roots seemed to drink of he crystal basin, and fell into a deep reverie, during which his eyes were fixed unconsciously on the transparcat water, which, though clear as our northern es, was so deep that no one could see the bottom. We thus occupied in weaving webs of youthful intipation, he saw a little gold-fish suddenly dart next morning he again sought the path he had traveled the day before, and about mid-day arrived at the glen of the shining cascade. He had scarcely seated himself, when the little gold-fish darted from under the rock as before, and winning its way to the surface of the crystal basin, looked at him with an expression of its beautiful eyes that spoke a joyful welcome. Violet put forth his hand, and tried to woo it still nearer, but it only gave a melancholy shake of the head, and when he attempted to seize it, retired beyond his reach with a lingering hesitation that seemed to indicate a mingled desire and apprehension. under the rock on which he was seated, and day around with infinite grace, quivering its fins and ang its tail, while their bright colors glittered in #pping water with indescribable brilliancy. Thus the little creature continued to coquette with him for several days during which he repeated his visits, staying all day, and dreaming every night the same dream of the beautiful princess changed into a little gold-fish. While absent from the crystal basin, his imagination was forever dwelling on the form and features of the princess, and the mysterious connection he was convinced subsisted between his waking thoughts and experience and his nightly dreams. By degrees the two became inseparably associated together in his mind, and insensibly he fell in love to distraction, but whether with the beautiful princess or the little gold-fish he could not decide. He became so melancholy in consequence that the latter, as if conscious of his feelings, permitted him to take it in his hand, kiss it, and nestle it in his bosom at pleasure. At such times he would beseech it in the most moving terms to speak to him, tell him if his dreams were true, and respond to his devoted affection. But it only replied by a silent tear, and a look of strange meaning, which he could not comprehend. Violet grew every day more sad, and his youthful form continued to waste away, so that as he walked in the sun, his shadow could scarcely be seen. During this period the behavior of the little gold-fish was so full of inconsistencies and contradictions that Violet was well nigh distracted. Sometimes it would contemplate his pale cheek and wasted form with tears in its eyes, while at the next moment it looked at him with an expression of unfeeling triumph. Then its eyes would glance rapidly and eagerly, sometimes toward himself, at others down on the crystal basin, and at others upward to the skies. himself precipitated into what seemed a new world far more beautiful than that he had just abandoned The skies were of a deeper blue, and being likewis far more transparent, reflected the features of the lowe world as in a vast illimitable mirror. There was n sun visible in the heavens. Yet a soft, deliciou mellow light, more rich and yet more gentle tha that of summer twilight, diffused itself everywhere giving to every object the charm of distance, an giving to the air a genial warmth inexpressibly grate ful. The meadows seemed like endless waving sea of verdure, and together with the foliage of the wood exhibited all the freshness of the new-born spring the little warbling birds seemed to revel among th groves and verdant meads in joyous luxury, filling th air with their melodious concert; the meadows wer sprinkled with beds of flowers of various hues an fragrance, and a thousand delicious odors gave ze to every breath he drew. Vast fields of violets, mo especially, were spread out in every direction, large and more beautiful than any he had ever seen befor A gentle river meandered deep and clear through long valley spread out before him, skirted on eithe side by pale blue hills, so high they seemed to reac and mingle with the heavens above. A cool, refresh ing zephyr played about his brow, and as he breathe its inspiring odors, Violet felt himself suddenly stored to all his wonted vigor and activity. As he stood gazing in almost stupefied wonder the scene before him, and doubtful whether it wi merely a creation of his bewildered fancy, he pe One bright morning, when the position of the sun toward the east had become gradually changed, and the beams of the former fell directly upon the crystal basin, Violet was sitting, as usual, fondling the little gold-fish in his hand, admiring its soft hazel eyes, and addressing a thousand endearments to the little dumb creature, which at that moment appeared insensible to his affection. Keeping its eyes earnestly fixed on the transparent waters, which now glittered in the golden beams of the sun, the youth suddenly felt it tremble as if with ecstasy in his hand, as with a sudden spring it vaulted into the basin and instantly dis-ceived a radiant female form approaching, seated i appeared. He gazed with intense anxiety, expecting every moment it would reappear; but it returned no more, and after waiting in vain, until dusky twilight enveloped the glen in shadows, he bent his way homeward, scarcely conscious whither he was going That night he slept from the mere weariness of sorrow, and dreamed the beautiful princess appeared to thank and bless him for her disenchantment. The next day the Old Man of the Hills called his son before him, and announced with great satisfaction that he had just concluded a treaty of marriage between him and the oldest daughter of King Doddipol, a lady of great discretion, and old enough to be his mother. The young man quitted the presence of his father in despair, and, scarcely conscious of whither he was wandering, sought the crystal basin at the foot of the shining cascade. Here, seated on the rock, he gazed himself almost blind, in the hope of seeing the little gold-fish once more appear, to receive his last farewell. But he gazed in vain for hours, and hours, until in the bitterness of disappointment he at length cried out aloud-" It is all in vain. It will come no more, and nothing is now left me but a remembrance carrying with it eternal regrets. But one hope remains. I will seek my adored princess, for such I know she is, where she disappeared from my sight, and either find her or a grave." Saying this he plunged into the basin in an agony of despair. He continued to sink, as it appeared to him, for nearly half an hour, without once drawing his breath, until, just as he felt himself quite exhausted, he found a chariot formed of a single violet, and crowned wi a diadem of the same flowers. Her dress, too, w composed of many-colored violets, and her chari drawn by butterflies, whose wings of gold and purp were of glorious lustre. The chariot stood still coming up to the youth; the lady springing ou lighted on the flowers without ruffling their leave and giving him her tiny hand addressed him as ft lows: "Welcome, Prince Violet, for such you are birth, and by my creation. I was the friend of yo mother. I presided at your birth, and I gave y your name. I therefore feel in some measure sponsible for your happiness, and am come hither give you the benefit of my advice and assistanc Know, my prince, that you are brought here by destiny you could not avoid. You are in the minions, I might almost say in the power of wicked enchanter Curmudgeon, who is as potenti he is wicked. Among his other diabolical acts, he an adept in the new science of animal magnetist can put you to sleep by the waving of his hand, pt out your teeth without your knowing any thing ab it, and divorce your spirit from your body, sending wandering away to distant regions, while the bol remains unconscious though not inanimate. In sho there is no end to his wicked devices, and he is most mischievous, malignant monster in the worl inexorable in his revenge, and clothed with the pow of gratifying it to its utmost extent. It is to warn against him that I am here. My name is Violetta The prince, as he must now be called, listened to this speech with great gravity and decorum, though he thought it rather long, and replied with infinite discretion. He thanked the fairy for her kind intentions, and concluded by observing that he had often, when a child, heard his mother speak of the Fairy Violetta with great affection. "Your mother was a woman of taste," said the fairy, "but there is not a moment to be lost, for the enchanter is by this time apprized of your coming, and the purport of your visit. Do not ask me what that is. It is sufficient that you are here to fulfill your destiny." The fairy then stamped three times with her little foot on a bed of violets. At the first stamp there rose out of the ground a superb suit of violet-colored armor; at the second a sword and spear; and at the third a gallant violet-colored steed richly caparisoned. "Take these, arm thyself, mount, and away. You will meet with many obstacles in your course, but you have nothing to fear so long as you fear nothing. Your first enemy will be a little mischievous caitiff, called Master Whipswitchem, a creature of the wicked enchanter; your second a monstrous giant; your third a beautiful spectre, and your fourth the enchanter himself. The first you must circumvent by your wit; the second by your valor; the third by your self-command; and the fourth by your promptitude and sagacity. There is no magic in your weapons, though they are equally good and true. Your dependence must be on yourself alone; on your valor, your constancy, and your cause; and remember, that should you ever turn your back on an enemy, whether man, beast, or fiend, your happy destiny will never be accomplished. You will never see your little gold-fish again. "My little gold-fish!" exclaimed the prince eagerly -"What dost thou mean? O tell me, most benefi>ent fairy!" "You will know in good time, if you do not turn ecreant," answered the fairy, with a significant mile. "But away, away, my prince. Mount and way. Follow the course of the river, and once more, ever turn aside let what will be before you, rememering that nothing is impossible to courage, conduct, und perseverance in a good cause.” The prince bowed himself before the lady, repeated is grateful thanks, mounted his neighing steed, which awed the ground impatiently, and was about claping spurs to his sides, when the fairy suddenly stoped him. "Hold, prince! I had almost forgotten. Take this ouquet of violets, place it in your bosom, and guard well. But be careful not to draw it forth except in e last extremity, depending always on your valor nd your sword. When your life shall hang suseaded by a single hair; when the last breath is uivering on thy lips, and all other means fail, en, and not till then, use it as your instinct may rect. Adieu, my prince-be faithful, bold and forDate." The fairy mounted her chariot, the butterflies spread her gorgeous wings, and ascending rapidly through the transparent skies the whole pageant disappeared. The prince lost not a moment in pursuing the course pointed out by the fairy, and as he proceeded, gradually fell into a reverie, the subject of which was the hint that it would depend on himself whether he ever saw the little gold-fish again. The thought roused him to the utmost height of daring, and he resolved, come what might, nothing should be wanting on his part to the accomplishment of a glorious and happy destiny. He felt himself suddenly animated by this determination to gain a noble prize by noble exertions, for nothing is more certain than that none but groveling, abject beings, to whom nature has denied the ordinary faculties of mind, can remain insensible to the excitement of glory, or the rewards of love. He had not, however, proceeded far, when on a sudden there alighted on the head of his steed, right between the ears, one of the most extraordinary creatures he had ever seen. It was a little imp, about three feet high, exactly resembling one of those scarecrows we sometimes see in corn-fields, except that it was a great deal more outre in its form and dimensions. It wore an immense hat, of the shape of a cullender, and with almost as many holes, through which protruded little wisps of straw instead of feathers. The face was perfectly undefinable, having neither dimensions nor shape, resembling nothing of the live human species, and consisting apparently entirely of a nose which projected several inches beyond the brim of his hat; his shirt-collar was tied with a piece of rope; his jacket was as much too short as his breeches were too long, one being out at the elbows, the other at the knees, the latter of which were tied with a wisp of straw tortured into a true lover's knot; his legs seemed nothing but a pair of short broom-sticks, of neither shape nor substance, ensconced in an old pair of spatterdashes; and the toes of his shoes curled upward like a pair of oldfashioned skates. Altogether he cut a curious figure, and the prince could not help laughing at his new traveling companion. "This," thought he, must be Master Whipswitchem." 66 But his gallant steed did not seem to enter into the spirit of the joke. He pricked his ears, pawed the ground, snorted, champed and foamed, and finally stood stock still, trembling like a leaf. Prince Violet began to wax somewhat impatient. Yet at length said to him very courteously- "My friend, if it is the same thing to you, I had rather you would get off and walk." "Thank you, my friend, but if it's the same thing to you, I'd rather ride. Ho-ho! ha-hah!" and thereupon he laughed like a whole swarm of flies. Then the valiant prince drew his sword and gave Master Whipswitchem a great blow under the shortribs, which he took it for granted would cut him in two; but the sword rebounded as if it had struck on an empty bladder, while the little imp only bounded upward about three yards, alighting in the same place as before, and crying out, "Ho-ho! hah-hah!" At this rate, thought Prince Violet, I shall never get to the end of my journey. Still he repeated his blows, "Ho-ho! ha-hah! my prince, what are you about? You put me in mind of a smoking chimney, though from your mighty contented look, I should suppose you were very pleasantly occupied. I should like to take a puff too, if you have no objection." at each one of which the pestiferous little imp only | to roam at will. Seating himself among a bed of frajumped higher and laughed louder, and the gallant grant flowers, he lighted a cigar, and sat smoking steed only snorted, pawed, and stamped more vehe- and thinking of his future prospects. mently, until both steed and master became quite exhausted. The latter then resorted to artifice, seeing that force was unavailing. So putting up his sword, he affected to expostulate with his troublesome companion on the impropriety of his conduct, watching at the same time for an opportunity of laying hold of him. When he seemed off his guard, and was crying "Ho-ho! ha-hah!" with infinite glee, the prince suddenly throwing himself forward, seized him by the long nose, and after holding him up kicking in the air for a few moments-for he was as light as a feather-with a sudden jerk pitched him away out into the river, where, after bobbing up and down some half a dozen times, and crying "Ho-ho! hahah!" he disappeared. "Ho-ho! ha-hah!" cried the prince, "I think I have done Master Whipstichem's business this time." After which he proceeded gayly on his journey. "O, beneficent Fairy Violetta," exclaimed the prince, "what shall I do with this pestiferous caitiff, who minds neither hanging nor drowning?" And thereupon the fairy, who doubtless heard his adjuration, inspired him with a lucky thought. Knowing that the little caitiff was but a man of straw, animated by the wicked enchanter, he at once resolved to take advantage of that circumstance. "Ho-ho! ha-hah! are you there, my friend?" replied the prince. "Well, I see there is no use in quarreling with such a pleasant fellow. Come, sit down, and take a puff with me, and let us swear eternal friendship." "Agreed!" replied the little caitiff, briskly. "It is true you played a joke or two on me, but I flatter myself, on the whole, I paid you beforehand; and for the present the account is pretty well balanced.” So they sat down and smoked very sociably to caitiff's cigar being burnt to a stump, and somewhat incommoding his long nose, he began turning and twisting it about, until it set fire to some blades of straw that projected from his nostrils, which straightway communicated to his head, and thence to his body, and in a moment he was in full blaze. "I am a gone sucker!" exclaimed he, and the words were scarcely out of his mouth when he be came nothing but a heap of black ashes. "Ho-ho! ha-hah!" quoth the prince, "if he is a gone sucker, I take it for granted, it is all Dicky with Master Whipswitchem." And then, himself and his horse being sufficiently refreshed, he mounted and rode forward on his journey. Before, however, he had time to enjoy the victory, his gallant steed suddenly began to rear up before, and then to kick up behind with great violence. The prince clapped his hand on his trusty blade, thinking he was approaching the giant, but on looking round in every direction could see neither castle nor draw-gether, talking about various matters, until the little bridge. Indeed nothing visible seemed to justify the horse in his unseemly gambols, and the prince accused his gallant steed of being in league with his enemies, when happening to look over his shoulder, who should he see but Master Whipswitchem seated quietly on the crupper, and spurring away with an old rusty nail he had fixed in the heel of his shoe, while he held by the horse's tail for a bridle. "I swear by the eyes of my beautiful gold-fish," cried the prince, "but this is too bad!" And then he attempted to dislodge the pestilent imp, by thrusting his elbow into his back; but the little caitiff every time bounced up like a tennis-ball, and the next instant was in his seat, crying, "Ho-ho! ha-ha!" louder than ever. This time he was too cunning for the prince; for knowing by experience that his nose was the most exposed part of his outworks, he kept his back to the prince, and his face toward the tail of the horse. At the expiration of an hour the prince became so worried that he could scarcely lift his hand to his head, and his horse so exhausted that he could kick no more. At length, however, while the little caitiff was spurring and laughing away with great glee, the prince turning suddenly round on the saddle, seized the rope which he wore round his neck for a cravat, and leaping from his steed, hoisted him up to an old sign-post at the road-side, where he left him dangling in the air. "Ho-ho! ha-ha!" said the prince, "I think I shall have no more trouble with Master Whipswitchem." Finding himself as well as his steed quite exhausted, and both requiring rest and refreshment, Prince Violet dismounted in a pleasant, shady grove, through which meandered a clear stream, bordered by rich, luxuriant grass, thus furnishing both drink and food to the panting animal, whom, having turned loose, he left Ascending a high, wearisome hill, he saw at a little distance a great and magnificent castle, which he a once took for that of the enchanter Curmudgeon The crisis of his fate was then at hand; and after in specting his armor and equipments, the prince spurre on briskly to consummate his destiny. A few moment brought him to a tower, at the end of a draw-bridge where hung an enormous bell, which, without hesi tating a moment, he rung till it resounded far an near. Instantly at the sound there rose up from th inner side, a monstrous and deformed giant, upwar of sixteen feet high. As he advanced, he seemed al body and no legs-the latter being utterly disprop tioned to the former; his shoulders rose like mou tains, one higher than the other, almost to the top his head; his body was all over covered with impen trable scales like an alligator, and he wore on head an old Continental cocked-hat, from which pr jected a queue of such unaccountable length that was said nobody ever saw the end of it. But his me atrocious feature was a great proboscis, growing ja over a little pug nose, he used for smelling, about |