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1833.]
The Practice of Deodands defended.

121 Mr. URBAN,

Norfolk, Jan. 24. rious enquiry is first made, still bearing DE EODAND,

law. On nifies a thing

this head I can assure “J. A.” that I crated to God, for the pacification of have, in the course of a long life; known his wrath, in case of any misfortune- repeated instances of the owner's voas a person coming to a violent end, luntarily destroying the animals; nay, without the fault of any reasonable I have known cases where the people creature; as, if a horse should strike of the vicinity have taken upon them his keeper, and so kill him. In this to execute the law, in case of the case the horse is to be a deodand ; that owner's neglect, and never knew any is, he is to be sold, and the price dis- prosecution having been instituted in tributed to the poor, as an expiation of these cases of high irregularity, the that dreadful event.

owners having been advised to be In reply to “ J. A.'s” charge of Su content with procuring an admonishperstition, which he has brought against ment to be given to them, rather than Deodands, (Dec. p. 488) I send you,

to hazard the entire suppression of Mr. Urban, the above definition from these feelings of reverence of God's an excellent Cyclopædia, published law, although the same were improanonymously, 1754. This account perly expressed. does not found Deodands upon our In the case of any inanimate thing law, i, e. statute law, but as our com- causing death, e.g. the sail of a mill, mon law in general is, on our ancient still due enquiry is made, and the same customs, and these are agreed to have becomes deodand; and still with the been founded on common sense, i.e.

same view. the common sense of the nation, re If the person having the care of the specting the revealed law of God, and animal, or inanimate thing moving to how the same could be most literally the death of man, is proved to have applied to circumstances with them. been negligent in his care, he is .

Thus Deodands cannot justly be punished in proportion to the degree called superstitious in their origin ; of negligence or carelessness exhibited nor can they be justly said to be su- by him. perstitiously applied in our present. Now, Mr. Urban, I cannot see what jurisprudence.

superstition, properly so called, here is When a person is found dead; as in these cases; nor, strictly speaking, God has expressed the great value which can an excessive fine be imposed in he is pleased to put on human life, lieu of deodand, for, the animal being, and his high abhorrence of Murder, ipso facto, forfeited by the law, the it is necessary to enquire what was owner thereof cannot be compelled to the cause of the death; if this shall be redeem them. found to have been murder, then so “ J. A.” says that without these prosoon as the murderer shall be convict- ceedings, or with them, he should feel ed, he is delivered over to death, not himself bound in conscience, to make merely as a punishment, but, so far what amends he could, to the family as lies in us, to expiate God's declared of the sufferer in any such case, and wrath against murder, and, “ that the so, no doubt, would every conscienpeople may hear, and fear, and do so tious man feel himself bound; but in no more.

this case, if no such proceedings took If the case shall appear Manslaughter, place, no conscientious king, or constill the degree of punishment has the scientious people, having the knowsame aspect, and is assimilated perhaps ledge of the Scriptures, could feel that as nearly as circumstances will permit, they had done what was in their power, to the law provided for the same case. and what was incumbent on them, to Deuteronomy xix. xxi.

expiate and avert the wrath of God. If by any animal without any fault Your Correspondent “E.G.” (same of man, then that animal becomes deo- Mag. p. 497) has some remarks on, dand, as by Exodus xxi. 28. We have French custoins at this time, very apby custom indeed, commuted the life . posite;

" there,” he says, of the animal, for a sum of money, Coroner's Inquest is unknown, a and this commonly a small sum, bear. Frenchman sees the body taken out ing little proportion to the value of the of the Seine, shrugs his shoulders, animal; but in this case due and se- sighs n'importe--and passes on.", GENT. Mag. February, 1823,

is where a

I con

sorow ceasse.

122
Deodands.-Fly Leaves, No. VIII.

(Feb,
i conclude with hoping that this The Buffens. Sleepe wayward
disregard of human life, and of God's thoughts. - Sannicola. -Sheepheard.
laws, will never take root in England; saw thou not. What if a day. Give
and that all Englishmen will be very caire does cause men cry.-Canaries.-
careful of traducing these by calling Finis, quod Ostend; (no title.) - Finis
them superstitious; lest he stiould, ballatt, or Almon.-Hurries Current.
however unwittingly, aid in bringing Queen's Current.- Frogge's Gale-
into action the reign of reason, as it art.-Lyke as the Dumbe. When
has been called, but, in truth and in Daphne did.-The Prince Almon. +
substance, the reign of licentiousness. The day dawes.-Cum sueit Love lett
1
presume
* J.A." does not con-

Finis, Haddington's found Deodands with Mortuaries, these mask.--Thir Gawens.--Finis, Queene's being quite distinct; the court in the Almone, as it is played on a fourteen late case of Sir T. C. Bunbury dis- cord lute.--- A Saraband. --Ther wer countenanced severe extension of the three Ravns.--* In a gardeen so green. law in a claim for a Mortuary, made-Haddington's maske. -The barg of by the Lord Paramount of Sir T. C. maske.-Begon sueit night.-Tell me B.'s manor.

Daphne.-Lachrymy:--A stryngof the In the case of the death of the Com- Spanish_Pavin.-- Finis, Darges Curmercial Traveller at Schole Inn, Nor- rent. - Fantasie.- A passing sourcumstances of carelessness, not to say -The galziart of the pavin.--*In till wantonness of the driver of the coach, a mirthful May Morning.–Orlio's the Conrt directed all charges incurred Current.--Hebrun's Current.-A Port, by the illness, &c. of the Sufferer, to --Port Priest.—Before the Greekes. be given to the plaintiff as damages, Brangle, simple.—The Old Man.I together with costs; but declared that long for the Wedding:-Gray steel. the Law had not, nor would the Court Put on the Sark on Munday.-Brail presume to fix a value on the life of a de Poyctu.--Ostende.--God be with inan; this reasoning applies equally the Geordie. --A Pasmissour. - А where immediate death ensues on an Brangle with the braking of it. - A accident.

W.H. W. Braill': second, third, fourt, fift, sext

braill.Thoes rare and good in all.FLY LEAVES. No. VIII.

Finis, Lilt Ladie: An. Gordone.--A

daunce.-Green greus ye'rashes.Com
Old Scotch Musick.

Love lets walk. Finis. Cum lett us
TH
HE late Dr. Burney possessed å walk into yon springe. Hunter's ear-

valuable oblong volume in Ma. rerre.-Vpon a Sommer's time. Its nuscript of Scottish Musick. It had a wonder to see how .ye world doos been presented to him“ from Dr. goe.-An thou wer myn oun thing: Skene, professor of Humanity and Phi- Finis port Jean Kinsay.-Cock-stouns losophy in Marischal College, Aber- hoggie.-Wo betyke thy waerie bodie deen, June '1781:' and it was sup- Ladie Laudion's Lilt.-Have over the posed “ the Collector was the first water.--I long for thy virginitie.“ person who received the degree of From the fair of Lavintan shore. Master of Arts in Marischal College." Keath keares not for thy kyndnes.The title of the work is, “ An Play- Earlie in a Mornning.–Galua, Tom. ing Booke for the Lute. Wherin ar -The triptof Diram.-Kist her while contained many currents and other mv she blushi.God be with my bonnie sical things. Musica mentis medicina love.-Whip my toudie.- Bon accord.

At Aberdein. Notted and *My beelful breest. Hench me macollected by Robert Gordon. In the lie Gray.-Thir gawens ar geg. A yeere of our Lord 1627. In Februarie. preludium.-Finis huic libro imposiThe back of the title has a drawing tus. Anno D. 1629. Ad finem. Deof a person playing on the lute, and cem. 6. In Stra-Loth. named on a ribband MVŠICA. With Four, thus marked, (*) are menseveral túnes that have no better dis- tioned by Ritson in the Historical tinguishment than “A Ballat," or "A Essay on Scotish Song, (p. Ivi.) as inCurrent," are others with the follow! serted in the first known Collection ing titles, of which only a few are now of Scotch Songs," printed at Aberdeen known.

in 1666: this list forms a valuable ad

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Scotish Song, by Ritson, published in also be a slender hope ibunere, may 1893.] Col. Macdonald on Polar Magnetism.

123 dition to the list of Desiderata in of the Discovery-ships. There may

they the Seotch Magazine for Jan. 1802.. , main frozen up in some of the North

Eu. Hood. ern inlets of Hudson's Bay. South

ampton Island lies between 62° 30%

and about 66° 30' of latitude; and beMr. URBAN, Devon, Feb. 8. tween 82o and 859 of West longitude. BEING in habits of attending The whole of this coast should, us early ject of Polar Magnetism, on ac- the Natives.

The following places count of its manifest importance to ge- ought to be diligently explored,' both neral Science, Navigation, and Com- by land and water: viz. Repulse Bay, merce, I participate strongly in the its North Coast, the Channel from it anxious feelings at present powerfully into the Hyperborean Sea, Wager excited by the distressing uncertainty Creek, the American Coast from it, of the fate of the brave Navigators so down to Cape Mackey in 91° West Jong unheard of in their second enter- longitude, the Chesterfield-inlet be prising attempt to discover a North- tween this Cape, and Baker's Fore. west Passage.

land; and any islands, if existing in - In your valuable records of useful the broad Welcome passage, between and ornamental literature, I expressed Southampton Island and the abovemy doubts of achieving the object in mentioned lines of the American view in the proposed direction as soon

Coast. These seas will not be open as that was publicly announced. The for such search till next Summer; but rery name of Repulse Bay, through the examination by land

may which the voyage was to be prosecuted, tered on earlier. The ships are proaugured ill to the success of the expe- visioned for three years; but still, a dition ; and the ascertained loss of two strong vessel with necessaries should ships near Marble Island, at the South be sent out. We cannot utterly de end of Welcome Channel, leading into spair till all this has been done; and that Bay, and on a projected voyage should no traces of our intrepid and to the Coppermine River, is little cal- unfortunate navigators be discovered, culated to alleviate our fears for the a grateful country inust support their safety of the Discovery-ships command. helpless families with the only coned by the admirable Captain Parry, solation of the memory of their hewhose daring labours have already cou roism transmitted to posterity on the ferred such signal benefits on nautical records of history. and magnetic science.

We impatiently expect the account * In Behring's Straits it has been long of Captain Franklin's investigations, known that a barrier of ice extends principally as they may throw farther from the Asiatic to the American light on magnetic variation. Science Coast, in the height of Summer, as cannot derive a maximum of mulity high_up as the părallel of latitude of from what has been discovered tilla Icy Cape. The current found in this ship is sent out on purpose to ascertain strait clearly indicates the existence of the precise position of the North-west a passage which evidently can never Magnetic Pole; that is to say, the lonbe subservient to purposes of commer- gitude and latitude of the exact point cial utility. Thus, with no well-' where the dipping needle would stand founded hope of getting on the hyper- perpendicular in continuation of the borean coast, from either of its extre Pole situated on the line of no variamities, it is much to be lamented that tion. The same ship might in the Behring's Straits were not again ex- Summer explore the 'Polar Basin by plored, as that could have been done passing into it through one of the

open with perfect safety. There may be a channels on the North side of the hope that the ships got through the sound which onght to be called Caplong narrow channel running out of tain Parry's Sound. The ship inust Repulse Bay during the last Summer. winter where the grand ultimate obIf this had been effected the first Sum- ject is to be finally ascertained. As mer, Captain Franklin would have for the Hyperborean Coast running found marks set up on the Coast, and nearly on the parallel of 70° from Reparticularly at the mouth of the Cop- pulse Bay to Behring's Straits, that per Mine River, indicating the passage evidently can be now only investigated

by

124
Amiable Character of Mr. Amos Green.

[Feb. by gradually establishing provisioned mired. He was particularly successBlack-houses. From the Copper Mine ful in copying Claude, and it was River to Behring's Straits; the longi- scarcely exaggerated praise, when a tudinal distance, at twenty miles to a friend who was remarkable for his degree, is about 1000 miles. The fine taste in painting, told him that inouth of Mackenzie's River, in nearly in future the connoisseurs would en689 latitude, and 1320 longitude, will quire for Green’s Claudes. He marform a convenient station. In process ried Miss Lister, a lady of large for of time, the islands of the West part tune and uncommon accomplishments, of the Polar Basin may be gradually and whose skill in drawing was almost examined from these stations; and in- equal to his own. They spent their dependent of scientific benefits, a great Winters in York, and their Summers increase of the fur-trade may be one at a cottage near Ambleside. That of the resulting advantages. If we beautiful country afforded an endless neglect this object, it is probable that variety of scenes to which both Mr. Russia

may occupy this coast by fac- and Mrs. Green have done justice tories. JOAN MACDONALD. in an admirable collection of views

from Nature, Mr. Green died at York. Mr. URBAN, Eltham, Feb. 1.

His lady survived him some years, and

at her death she directed his paintings N your last Volume, part ii. p.

506, to be sold in London for the benefit Green and his two brothers. Of the

no family, and I believe both Mr. brothers I knew little, and recollect Green's brothers died before him.--In only that the one at Christ's Hospital the course of my acquaintance with the appeared to be a martyr to the gout. world, I cannot point out a more

Of Amos Green, the enclosed is an faultless character than I believe Mr. accurate and impartial account; and Green's to have been. The uncomfrom my own knowledge of him, I

mon gentleness of his nature, the becould not only confirm, but strengthen nevolence of his heart, his religious what it says of his amiable and excel principles, and his sincere humility, lent heart. In the course of my long insured the love and esteem of all who life, I question if I ever knew his knew him; but few can speak from equal in huinble- mindedness, good such intimate knowledge of his chatemper, benevolence, affection, zeal

racter. in the service of his friends, charky, “ The Pictures were sold by Mr. piety. In a word, in all the mild vir.

Christie in July last.” tues of Christianity, free from all en-

Yours, &c.

J. B. thusiasm or excess of any

kind. His character ably drawn must de- dress, who will give further information

** We have this Correspondent's adlight all

, and do good to many; pied by all, this world would be a paradise.

Mr. URBAN,

Feb. 7. Your Correspondent wishes for BSERVING in the Gentleman's

for December last, a I am happy to embrace this opportu- letter requesting information respectnity of bearing testimony to the talents ing the late Messrs. Greens, natives of and merit of one of the best men that Hales Owen, I have pleasure in statI have ever known, with whom I ing some particulars of one of them, lived in habits of intimacy for more and in bearing testimony to the justice than forty years, in consequence of a of your Correspondent's commendafriendship formed at school, and con- tion of his talents, as well as to his tinued through life.

Mr. Green re many virtues and amiable qualities, sided during many years with Anthony with which I was well acquainted. Deane, Esq. at Bath. By every branch Mr. Amos Green (probably about of Mr. Deane's family, and by a nu the time mentioned by your Corremerous circle of friends, Mr. Green spondant, riz. 1757).contracted an inwas respected and beloved in the high- timate friendship with the late Anest degree. His talents for painuing thony Deane, Esq. of Bath; and bewere of a very superior kind; in fruit came for many years a constant resiand flowers he was perhaps unequalled, dent in his family, between every and his landscapes were greatly ad- branch of which and himself there

sub

if co- required.

some , Magazi

1923.] Song in the Harmonicon" noticed.--County Meetings. 125 subsisted the most cordial

' regard till given in the Harmonicon : they may the time of his death. In the year be found, if thought worth the trotible 1796, Mr. A. Green married Miss of inquiry, as they were originally Lister, a lady of much natural talent, written, in the Sun Newspaper of Jaand of an highly-cultivated, right-judg- nuary 15, 1823, in which widely-ciring mind, and steadily religious prin culated publication, 1, from absolute ciples: who also excelled in drawing. necessity, inserted them, accompanied And from this time he lived at York, by a letter; possessing no more effecher previous place of residence ; usually tual method of defence against the passing the summer months at Am- disgraceful charge of claiming as mine bleside.

the production of another man; and He died in June 1807, esteemed of one distinguished for his taste and and beloved by all who knew him, genius. This vindication of niyself for his kindness and benevolence of was my object in addressing the Editor heart, his sweetness of temper, hum- of the Sun; and is likewise my reason ble and pious spirit, and agreeable for now trespassing on you. The Song conversation and manners ; no less of Mary was written by me, about than admired by them as an Artist, for twenty years ago, and I beg leave to genius, taste, and execution. He was observe, with great deference to those buried at a village near York, I believe who think otherwise, that it is an Fulford.

effusion which cannot possibly do any His lady resided at York, and in the honour to the muse of Mr. Lewis, nor neighbourhood, till her death, which much even to that of took place in the autumn of 1821, and Yours, &c. EDWARD MANGIN. directed by will that the pictures painted by Mr. Green, and in her possession, should be sold ; and the pro

MR. URBAN,

Devon, Feb. 10. duce applied to charitable purposes. K Yours, &c.

H.

sively your excellent' Miscellany is circulated, permit me to call

the serious attention of your numeMr. URBAN,

Bath, Feb. 4,

rous readers to the dangerous politiIN '

Reviewer of a new musical publi- pagated, and, I am concerned to say, cation, the “ Harmonicon,” refers to adopted as the genuire sentiments of a Canzonet composed for the work County Meetings. Much unjust obloby Mr. Braham, and adapted to the quy has been thrown out against the words of a song, beginning “O very most able and successful military chasweet was morning's dawn,” stated to racter in Europe, for terming these be the production of M. G. Lewis, meetings a farce. No person has a Esq. M.P.

right to vote at these meetings except Allow me to make an observation he be a Freeholder: whereas, in point or two on the subject: the Song was of fact, it is perfectly known that three not written by Mr. Lewis; it was fourths of those that hold up their published, I think, in the autumn of hands there are not qualified persons ; the year 1807, in a popular newspaper, and, consequently, decisions' so oband prefaced thus : " Mary; an at- tained fall, with the strictest propriety, tempt to adapt English words to a under the above expressive appellation. very wild and pathetic Irish air, known Votes legitimately unexceptionable among the peasantry of the province can be had only by assigning a sepaof Connaught, by the title of Maurien rate space in front of the hustings to Oge, or Owg. Nothing, however, but real freeholders of counties. For want the melody of this ditty remains : of this just regulation, any extravagant both the name of the Poet, and the proposition made, however much oppoetry itself, being lost in the stream posed, is carried by senseless acclamaof time.” Mr. Brabam is a fine com- tion, and sent up to Parliament as the poser ; but his Canzonet in the Har- sense of the county at large. It is monicon is, though well executed, thus, that we are again witnessing the neither wild nor pathetic, and there- revival of the insanie project of Annual fore does not suit the meaning of Mary. Parliaments and Universal Suffrage. Let me add, that the words of the I really thought this wild chimera had Song, such as they are, are incorrectly been consigned* to the tomb of hll the

Ca

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