« PreviousContinue »
when "fire answering fire, each battle show. Sounds and reports of cannon and mus. ed the other's umber'd face.” In former ketry, the roll of the drum, and the blow. times, too, it is said the Chinese were in the ing of horns, have been made use of by habit of corresponding by smoke in the day, agreement, so as to express, twixt friend and by fire in the night, even for common and friend, some sign or signal of distress purposes ; so that when any strangers hap. or necessity, and even letters and words pened to be cast on their shores, they were distinctly given. Suppose, for instance, examined by a watch, or guard, who was the word Victuals were to be sounded, let kept for the purpose, and who not only coin the bigger sound be represented by A, and municated their business, number, and the the lesser by B, when, according to the commodities they brought, but also receiv. table I have before given, in which two let. ed for answer what was to be their fate, in ters of the alphabet are transposed through enemies, and whether they were to be ad. five places, the word may be thus made : mitted or dismissed, if friends. No. 4.--Intelligence by Birds, by Sounds, by! That is, the lesser note sounded once Running Footmen, &c.
and then the bigger twice, after which the The practice of swift and secret convey- lesser again twice gives the V, baabb. So the ance by pigeons is of very great antiquity, larger once, the lesser once, and tben the since it is mentioned in history that Hircius larger thrice, represents the letter I, abaaa, the Consul, during the seige of Mutina, car. (See pages 72, 73, for alphabet.) This, ried on a secret correspondence with Bru: however, will seem the less curious from tus, by tying his letters "unto such pigeons our own more modern practice in the light as were taught beforehand to fly from the infantry maneuvres. camp to the city and back again. Thauros. Cambden, in speaking of the Roman wall thenes also sent the news of his victory at built by Severus in the North of England, Olympia to his father at Egina, by a pigeon and which he says was above a hundred 'tis affirmed. Anacreon gives us an ode up- miles in length, affirins that its lowers, on such a pigeon.
which were more than a hundred in num. Gentle pigeon, hither, hither
ber, and situate a mile apart, were so conFly, and tell me whence or whither
trived that, by means of hollow pipes in the Thou art come, or thou art winging, curtains of the wall, the defendants could Such sweet incense round thee flinging.
presenıly inform one another, from tower It was usual for the Roman magistrates, I to tower, of anything necessary to be told (says Lipsius,) when they went to the thea. regarding the intended assault of the foe; tre, or other public meeting, whence they and, even long aster the total ruin of this could not return at pleasure, to carry a pi-wall, there were many inhabitants of those geon with them, in order that, if any unex- parts who held their lands by a tenure in pected or untoward event should happen, cornage ; that is, they were obliged, by they might give warning to their friends and blowing a horn, to discover the advance of families at home.
hostile Torces. The aitendance of running footmen is Theringing of bells I need hardly mention, also of considerable antiquity. Alexander since that species of alarum is to this day the Great was usually attended by these used by the timorous in their dwelling. messengers; and it is related of two of houses, even in our own peaceful times. them, Anistius and Philonides, that they ran 1200 stadia in a day. It is also related
No. 5.—Hieroglyphics. of a boy amongst the Romans, who being | Amongst these ancient customs and inbut eight years old, ran five-and-forty miles ventions it may be as well to glance at biebetween sunrise and sunset.
roglyphics, which were, perhaps, in use beDromedaries, camels, and mules were fore any I have yet mentioned; the Egypalso in common use in early times for car. tians using these curious symbols on their rying messages; and the custom of riding pillars, obelisks, pyramids, and monuments, post, by renewing both horse and man at before the invention of any other sort of certain stages, it is said by Herodotus to writing. Thus by a bee they represented have been made use of by Xerxes in the a king, intimating that he should be indusGrecian war.
trious, gather honey, and bear a sting; a Swallows are said by Pliny to have been serpent, with his tail in his mouth, signified sent to Rome as intelligencers of a battle the year, which returns into itself, and so fought and won, being anointed all over forth. with the color of victory.
1 Darius, during his war with the Scythi
ans, received as presents a bird, a mouse, a, the gods for success, he pulled out the en. frog, and a bundle of arrows, which gifts trails of the beast, and impressed upon were meant to intimate that unless the them the words Regis victoriæ, having before Persians could fly as birds, dive under hand written them backward in his hand with water like frogs, or live in holes in the earth some thick and glutinous matter he had preas mice, they need scarce hope to escape pared for the purpose ; so that the entrails, the Scythian arrows.
on being tumbled about by the priest, in order No.6.—Conclusion. Varieties of Epistolary
to find their signification, gathered so much Correspondence.
dust that the words were distinctly legible.
After which omen the soldiers advanced with To return to the subject of communica.
such spirit and confidence that they won the tion by secret writing, there are several modes of doing so besides those shown in
day. the commencement of this paper ; amongst others, it was not uncommon, with the Eastern leaders, to write from the right hand to the left, or from the top to the bot.
THE LAWYER; tom, and so upwards again. For instance,- HIS CHARACTER AND RULE OF HOLY LIFE.
er idlee !!!
From the Dublin University Magazine.
The Lawyer, his Character and Rule of Holy
Life. By Edward O'Brien, Barrister un the 18 et s s die in ga ot
at Law. London: William Pickering.
1842. e é gee bm a ne
This little book, which is manifestly the Begin this at the first letter towards the
e result of much patient and laborious reflecright hand, and so downwards, and then uption, deserves public attention on many ac. again, and you will find this lamentable sit
counts. The subject it canvasses is one of uation expressed :
the very highest practical importance to The pestilence doth still increase amongst us wee
society at large ; and the exhibition which shall not be able to hold out the seige without fresh and speedy supply.
the book presents of the character of the Again, the oriler both of the letters and
author is scarcely less calculated to inter
est and to instruct. It is the posthumous lines were sometimes altered thus :
work of a singularly upright, thoughtful, Teoliraelmsrms esp I vowe utel
The souldiers are allmost famished supply us or years on the practice of the profession it we must yield.
discusses, as a member of the Irish bar; Another mode was by inversion ; when and who, prematurely taken from the world either the letters or syllables are spelled by an illness which itself was caught in a backwards, as in the following :
course of devoted charitable exertions, left Millo tibi melulas cancros imitare legendo.
it behind him as a record of the maxims by
which he meant his professional life to be In this the word salutem is expressed
regulated. The object of the book is, to by inversion of the letters. Again,
apply the highest principles of conscien. Stisho estad, vecabiti.
tiousness to the practice of the Law; and Which, by inversion of the syllables, of course many will at once pronounce gives us,
maxims so inconvenient, to be altogether Hostis adest, cave tibi.
inapplicable to actual experience, the fond It was also customary amongst the an.
ideal of a benevolent speculatist. He did cients to write with various kinds of
daar not think-what is much more important, juices, and otherwise endeavor, by the
he did not find thein so. This book is no material or liquor with which they inscrib.
collection of moral exhortations leisurely ed their epistles, to evade the prying eyes
delivered from the closet by a teacher unof their enemies. Putrified willow and
concerned in the temptations it exposes; it the juice of glow-worms being men.
is no binding heavy burdens on men's shoul. tioned, as also milk. urine. fat, and other ders by one who would not move them with glutinous liquors, which were made legi.
one of his own fingers ; this is no sophist* ble upon being powdered with dust. At
| lecturing Hannibal on the art of war; we talas is said to have made use of some
I have here a manual composed by one persuch method when, before giving battle to
sonally engaged in the conflict, and who (it the enemy, and intending to sacrifice tol Cicero De Oratore, ii. 18.
is well known and attested) was resolute to truths, and can only be realized through aid from carry into daily practice every maxim of above. This will account for the Christian tone
that pervades his work : indeed, but for these conduty he delivered. And this trial was not
victions, I do not know whether it would ever have likely to be spared him as he advanced in
been written. Justice is fond rather of upbraid. life. Mr. O'Brien had already begun to at. ing than assisting. It was Christian zeal and tain professional reputation, and was there. Christian charity which inspired him with an on
to look forward to the prospect of per- ceasing desire to maintain what be believed to be petually testing, in his own person, the the cause of truth. In particular he was anxious
to assist those young men of his own profession, practicability of his principles. The book
tel. who with views in the rain honourable, and aritself witnesses as strongly to the intel
erage clearness of mind, are yet unequal to conlectual power which would have ensured
tend against the favorite corruption of the lime, distinction in the profession, as to the moral supported as it is, not only by personal interest, principles which he had determined should but by a very large number of specious sophisinis regulate its practice. The simplicity of his offered to their choice, as well as a considerable own character rendered it indeed much I weight of pretended authority and modern tradi. more likely that he would silently make his tion... life transcend his precepts, than that he
| “His religion was eminently practical in the
true sense of the word. It was his habit to observe would overstate the precepts themselves : l the influence of Christian principles as applied to the notion of adjudicating moral questions the coinmon detail of life. He disliked religious for any other purpose than that of submit controversy ; and occult dogmas, he thought, were ting the conduct to the decisions of the pu. to be believed in faithfully, not scrutinized imper. rified reason, was to his sincere and in- linently. He loved the reflected light of Christian affected character intolerable. Assuredly 1:
truth ; and remembered that it we fix a direct roze the removal of such a man from among us we walk in the dark. He meditated often on that
too long upori the sun, our eyes are dimined, and is a severe loss to his prosession, and to soo text, Thy Word is a lantern unto my feet ;' and ciety at large; the rare example of such con- appeared to discover a spirituality in obedience scientiousness built not upon vague notions which escapes the penetration of miore speculative of honor, but upon simple and definite prin religionists. The consequence was such as might cioles of moral truth, would have been in- / be expected. The professions, indeed all occupa. valuable for direction and encouragement to
|tions by which men live, and which are permanent
elements in society, seemed to him delivered from others. He has, however, left his own best the secular character that belongs to them natural. monument in his admirable little treatise; iy. He did not consider the Christian commonand his memory has certainly been in no wealth as consisting of statesmen, lawyers, pbysismall degree fortunate in having the care cians, fariners, and other classes of nien, who, beand adornings of the monument consigned sides their social avocations, possess religious to the affectionate offices of the friend who lopinions : rather be viewed it as a body of Chris.
tians who are led providentially lo certain outward has exhibited it to the public.
pursuits; who undertake them on Christian condi
tions ; who speak sincerely in naming each such - From his earliest years," writes his Editor in
pursuit a calling the state of life to which it hath the introductory notice, my lamented friend was
pleased God to call me'); and who regard it not remarkable for a scrupulous regard to justice. Il
chiefly as a means of selfish advancement, but as have never known another person so entirely con- line scientious. On all occasions his first desire was I divine cornmand, and for the good of their neigh
ely con. the sphere of those labors allotted to them by the to know what ought to be done, and to do it. The
bor. Such a doctrine must always appear to the great and invisible things which belong to truth,
world as visionary, because it requires us to bejustice, and mercy, seemed with him ever present.
come unworldly: nay, it carries the war into the On the other hand, the ordinary objects of selfish
enemy's camp: and seems to violate that silent ambition appeared to him fantastic and unreal. It
truce by which religion, on condition of not tresis not uncommon to meet men who inquire, as
passing beyond bounds, or interfering with the Ba. metaphysicians, into the first principles of right
bel-worship of the world, is permitted to remain and wrong: but he followed justice into its
hersell unmolested- except by being superseded. minutost details; he believed the broken bread of
Such, however, were the opinions which my friend justice to be the food of all social life, and reverently gathered up its very crumbs: nothing seemed
maintained."-pp. 11-13. trivial to him in which conscience had a part. And again While his faith was thus strong, he was, from natural disposition, and from habits of philosophical “The few points in my friend's character to inquiry, unusually skeptical as to matters of the which I have adverted will best explain the design mere understanding. Those who remember his of his book, and his motives in writing it. I have extreme caution will not be tempted to think that recorded them for that small but fit audience which on so important a subject he had rushed precipi- alone he wished to gather round hiin. What delately into a system of his own.
gree of popular favor may await this work is of “His religious convictions were profound: he but little imporiance. The grave which has closed knew that moral principles bo root in divine on its author does not more securely shield him
from the arrows of fortune, or the sharp and flat. I help borrowing more or less their very tering speeches of men, than did his own mainly forms of phrase. Indeed we are sometimes and modest nature ; and those who remain will obliged to do so in order to preclude
ain will obliged to do so, in order to preclude the possess in this book a memorial of their friend more consoling than public applause could be. India
| false associations that gather round the it his portraiture remains; slamped upon it, they language of a peculiar age, and that insinwill find not his love of justice alone, but that kind. uate themselves into the mind of a reader ness which made him scem, if injured, to remember in defiance of all our explanations. A bad justice only against himself : they will observe his philosophy contaminates the language fearless reverence for truth, and at the same time which it has degraded by making it the inhis respect for opinions long established, his slow
strument of its diffusion ; pure thoughts ness to oppose them, his cardor in weighing them, his charitable desire to exculpate those who
consecrate that shrine of holy words in held them, and that higher charity which stimulated which they have been made to dwell, and him to combat their error : they will be reininded from which they evermore reveal therriof his reluctance to give pain, and his greater fear selves to mankind. And thus the very lanof doing wrong ; his distrust of his own judgment, guage of our old sages comes to possess a and his invariable faith in the inoral sense and the sort of sacredness; we reverence even its Divine commands; his indifference to promiscuous fragments as we would the broken beams applause, and his solicitude for the esteem of those he esteemned, the love of those he loved. They
J and columns of a temple; we cannot with. will find many light traces for memory to fill up, out an effort !
out an effort bend its dignified gravity to of his single-heartedness, his huiniliiy, his carnest. any low or trivial purpose, and we feel it, ness, and his courtesy. Some passayng will bring when out of its own high region, stiff unback before their eyes the very gestures and rx couth, and unsuitable. It is high praise of pression of countenance with which he used io our Lawyer to say that he inay fairly stand enunciate such sentiments.”—pp. 15, 16.
on the same shell with Herbert. The difIt is with perfect truth and fairness that Terence of the two seems to turn more on be observes, of the work of so singularly the difference of their respective subjects sincere a mind
than on any great inequality in the treat“Such a work, if read at all, should be read with
ment of them. If there is more of contemattention and respect. Unless we approach it in
plative tenderness in Herbert, perhaps there an ingenious spirit, willing to understand before
is more of force and dignity in our author we criticise, dcerning it possible that the objections -more too of that closeness of practical wbich present themselves to our ininds so readily, detail which gives body and substance to may have occurred to the author also, and bren for principles. It is possible also that the good reasons put aside ; desiriny to sland, at least novelty of the subject strengthens the effor the time, on the spot which he occupied, and I fect. For we are all accustomed to direct contemplate the subject from his point of view; if we do noi possese this small measure of self-con
.." religious exhortation ; but it is something mand and philosophical docility, then there does
new, something to startle and arrest, to find not exist beiwi en our mind and that of the writer legal practice reforned to this high ideal. such a degree of moral conformity ns is necessary The Country Parson is at best but living for the appreciation of the work. We shall in the blessed life we were prepared to admit such a case do ourselves least injury, and our to be his duty and his privilege; the Law. Monitor least injustice, by leaving his book un
yer seen in the same light has unfortunately read.”-p. 10.
almost the novelty of a discovery. For The plan of the work is formed upon the even those (and they are few in this counmodel of George Herbert's beautiful Country)arho do carry their Christianity into try Parson; a happy thought, which might, their legal practice, seldom do so on any perhaps, be advantageously extended to the very definite principles; their honesty, real other professions, so as to form a cycle of and unaffected as it is, seems but the indi. moral directories for the different callings rect result of strong religious impressions ; of lise. It adopts (it would seem, almost and they usually appear unprepared eitbet unconsciously) the archaisms of Herbert to discountenance, by vigorous public proand his times; and certainly the ancient test, the less scrupulous course adopted ly costume has seldom been worn with more their brethren, or to exhibit as their own perfect ease. The thoughts of the writer, basis of action any absolute moral axiom formed in an antique mould, appear to as.or well-considered moral theory on the sub. sume the corresponding dress as their natu. Lject. ral garb. Separated as we are from those Our author was not to be satisfied with ages by the corrupt philosophy of the this indecisive position ; he has thought out eighteenth century, which created its own his theory; and has exhibited his ideal appropriate formulas; when we would think Lawyer moving under its influence through with Hooker and Herbert, we can scarcely I the whole orbit of his profession. An in
troductory “ Apology for the Work” vin. Law of Conscience, in despite of the evil dicates bis general principle at considerable prescription that so strongly countenances length; and we are then presented with a oblique and dishonest courses. This, as series of scenes from the moral drama of we have said, he is induced in his “Apolo. the Lawyer's life. We have the Lawyer gy” to reason out elaborately, in order to choosing his Calling, bis mode of Life, his resist prejudications which would have been Knowledge, and his Duties. He is exhibit. lalal to the influence of his views. The ed in the details of his profession--Draw. I insertion of this preliminary argument was ing pleadings, advising on evidence, con. the judicious suggestion of a distinguished sulting with his brethren, examining wit- legal friend. It is a valuable dissertation, nesses, drawing wills and deeds; as a peace. expressed with great strength and unaffectmaker-as an arbitrator-as engaged in the edress, and leaving few or none of the poptumult of elections. He is seen exercisingular allegations unanswered. Humanity, Charity, Courtesy, Hospitality. We will dedicate a page or two to the He is contemplated in the higher charac. consideration of this question; stating its ters of Legislator and Judge. And, " lasi moral bearings as they appear to us, and scene of all that ends this strange eventfull in general conformity with the principles of history," he is beheld upon his death-bed- pure and elevated truth, delivered in the tbe death-bed of an humble but unshrinking excellent little digest before us. Christian man. These successive chapters. The whole will of course turn upon our exhibit the Lawyer's various temptations conception of the Relation of the Lasryer to avarice, dishonesty, and craftiness; and to his Client. The true idea of that rela. they evince how the simple and inflexible tion is well expressed in various parts of Rule of conscience is equally applicable to Mr. O'Brien's book. He feels the importthem all. In an appendix the author has ance of precisely defining it. collected a large body of testimonies, drawn Thus“If, as is obvious, the resulting principally from our elder divines, and con- force (10 speak mechanically) of the three firming his statements in various ways: an persons united-the client, attorney, and appendix which he modestly “commend: advocate-ought to be the same as that of to the reader as the worthier part of tbis ihe client alone, were be endowed with the little book."
powers and knowledge necessary. to plead The first chapter offers a fair specimen his own cause, it follows, as a necessary of the style, and presents us with the au.consequence, that the advocate should not thor's conception of his Calling : It is very lend himself to produce, in concert with his beautifully written, though we sear we can client and the attorney, an effect which not answer for its universal popularity in could not with justice be produced by the the Four Courts.
client alone, when filling all the three char. " A lawyer is the servant of his fellow-men for acters in his own person."-(Appendix, p. the attaininent of justice ; in which definition is ex. 188.) Or again, and to the same effectpressed both the lowliness and the dignity of hi: “ To barristers properly it appertains, lecalling; the lowliness, in that he is the servant of gally and in order, to set before judges all, ever ready to assist as well the meanest as th. and juries that which the diligence of the lottiest ; the dignity, in that the end whereto hlattorney has gathered from the complaint serves has among things temporal no superior or Lab
of the client; so that the whole togetherequal. For justice is nothing less than ihe sup. port of the world whereby each has froth al
barrister, attorney, and client-inake as it others that which is his due; the poor their suc
were one man, whom of right one spirit of cor, the rich their ease, the powerful their honor. truth, justice, and mercy should move and For it were governinents framed and powers or animate."-(Chap. ii.) Orthus-" In one dained of God; flourishing it cheers, and languish word, the lawyer regards himself as put in ing it dejects the minds of good men; and in ito his client's place to do for him whatever he overthrow is involved the ruin and fall of common wealths.
100 night do for hiinsell (had he the lawyer's That justice should ever be coniemner or trodden under fout is a grief to God and angels : Skin) consistenny, win ruth and justice; ho'v glorious then is his calling whose work it is 10 more than this he will not do; and be prevent her fall, or to raise her fullen! Truly the lesires not those for his clients who dare Lawyer, while the servant of earth, is the minister not trust him to act with the same prudence, of heaven; while le labors for the guod of his integrity, and zeal as if the cause were his fellow-ineu he works none other than the work of own.”—(Chap. vii.) Or once more,"All God.”
hat is maintained is, that the advocate has The great principle of Mr. O'Brien's a right to expect what every person who book is the obligation of governing legal calls upon another to aid him in any under. practice by strict reference to the supreme laking is bound to give—an assurance that