86

EARLY RISING.

EARLY RISING.*

Up with the lark I would away,
And hail the early dawn of day,
Breathe fresh the gentle bracing morn
While yet the dew is on the thorn;
Ere yet the sun with peeping head
Has risen from his blushing bed,
Or chased the elphins in the air,
From meads and mountain-tops afar;
Or bid the shadows up and play,
And brighter show the face of day;
Ere yet the sheep are out of fold,
Or bleating restless to be told;
Or shepherd watchful from his cot
Has led them to some favourite spot,
To crop the herbs and drink the dew,
And decorate the landscape view.
Who but a fool would doze away,
Nor up enjoy the dawn of day?
'Tis cordial to the soul and mind,

With health and strength and thought combined.
Then with the lark I will away,

And hail the early dawn of day.

Now would I find the river's side,
Where tepid waters gently glide,
And on its banks secluded sit,
Undress alone where most 'tis fit,
In quickly plunge and have a swim,
Breathe for a while, and out again;

* The celebrated Dr. Boërhaave, prescribed morning devotion as the best method of preserving health; for, said he, "nothing can tend more to the health of the body than the tranquillity of the mind, and the due regulation of the passions; and nothing," adds he, "more effectually restrains the passions, and gives spirit and vigour through the business of the day, than early meditation and prayer."

For this is good and pleasant too,
To bathe the limbs and nerves renew;
To cool the blood, or circulate,
Or make the stomach masticate,
Or send a warmth through every pore,
When dressed and righted as before.
Ah! now how light and fresh I feel,
As lively passions o'er me steal;
I feel indeed in pleasant trim,
Quite sound and right in wind and limb,
And homeward bend, expected there,
To lift the soul in early prayer,
To bless the God of every good,
For health, for strength, for daily food;
And who can better help to pray,
Than he who rose at dawn of day?

At home arrived, how sweet to see
All order, love, and harmony,
Where servants, children, mistress, all
At once obey the usual call;

And listening to, with heart and ear,
The gospel read with holy fear;
Or lowly on their humble knees,
To Him who every action sees,
Join in a prayer of love and praise,
And seek direction in His ways.

Now here we see the breakfast made,
How neat and clean the table's laid;
The steaming urn creates a thought
Of comforts seldom to be bought.
The bacon, eggs, and butter there,
All proclaim a goodly fare:
And this we find the due reward
Of those who early praise the Lord,
Who with the lark speed on their
And walk abroad at dawn of day,
Who breathe the early bracing morn
While yet the dew is on the thorn.

way,

88

EQUITY.JURY. - CURIOUS PLEA.

Equity.

"For law we have a measure, and know what to trust to: equity is according to the conscience of him that is chancellor, and as that is narrower or larger, so is equity. Tis all one, as if they should make the standard for the measure a chancellor's foot. What an uncertain measure would this be! One chancellor has a long foot, another a short foot, a third an indifferent foot. It is the same thing with the chancellor's conscience."- SELDEN'S Table Talk.

Equity, in its true and genuine meaning, is the soul and spirit of all law: positive law is construed, and rational law is made, by it.

Jury.

Pausanias relates, that at the trial of Mars, for murder, in the court denominated Areopagus from that incident, he was acquitted by a jury composed of twelve pagan deities.

Among the Norman and Danes great veneration was paid to the number twelve.

"Nihil sanctius, nihil antiquius fuit; perinde ac si in ipso hoc numero secreta quædam esset religio." (Dissert. epist. 49.)—HICKE's Spelm. Gloss. 329.

Curious Plea.

A chancellor of Oxford claimed cognizance of an action of trespass brought against himself, which was disallowed, because he should not

judge his own cause. Sergeant Rolfe, in pleading in behalf of the cognizance said:

:

Jeovous dirai un fable. En ascun temps fuit un pape, et avoit fait un grand offence, et le cardinals vindrent à luy et disoyent à luy, “Peccavi ;" et il dit, "Judica me" et ils disoyent, "Non possumus, quia caput es ecclesiæ ; judica teipsum:" et l'apostol dit, "Judico me cremari:" et fuit combustus; et apres fuit un sainct. Et in ceo cas il fuit son juge demene, et issint n'est pas inconvénient que un home soit juge demene.— Yearbook M. 8 Hen: vi. 20.

My readers must pardon the Norman French.

Pragmatical Doctor of Bruges.

This pragmatical professor gave an universal challenge to dispute "in omni scibili, et de quolibet ente." Mr. More, afterwards Sir T. More, puzzled the gentleman by a bit of English law, -proposing this question:

--

"Utrum averia caruciæ, capta in vetito namio, sint irreplegibilia," "whether beasts of the plough taken in withernam are incapable of being replevied."

Cats.

These animals seem to have been held in great estimation by the ancient Britons; to kill or steal a cat was considered a grievous crime, especially if it belonged to the king's household, and was the custos horrei regii," for which there was a very peculiar forfeiture:

66

"Si quis felem, horrei regii custodem, occiderit vel furto abstulerit, felis summa cauda suspendatur, capite aream attingente, et in eam grana triciti effundantur, usquedum summitas caudæ tritico co-operiatur."-Wotton. 1. 4. Wall. 1. 3. c.

5. s. 5.

There was a similar amercement for stealing swans, only suspending them by the beak instead of the tail.

The Corsned

Was a piece of bread or cheese about an ounce in weight, which was consecrated with a form of exorcism, and was to be swallowed, to try the guilt or innocence of a person. The form of exorcism desired the Almighty to cause convulsions and paleness, and find no passage, if the person were really guilty; but that it might turn to health and nourishment if innocent. Something similar was the water of jealousy among the Jews.

The Corsned was given to the person suspected, who at the same time received the Sacrament. Some suppose it was consecrated bread. It is said that Earl Godwin, in the reign of Edward the Confessor, abjuring the death of the king's brother, at last appealed to the Corsned " per buccellam deglutiendam abjuravit," which stuck in his throat and killed him.

Hence no doubt are derived our common phrases, “I will take the Sacrament upon it," May this morsel be my last;"-" It sticks in my throat,"—"I can't swallow it;" and the like.

Another form of speech "of going through fire