18 Good Foot-paths.-Metropolitan Courts of Requests. and valuable Magazine, the usefulness and comfort of good Foot-paths. To Noblemen, Gentlemen, and others. A firm and good Foot-path, that will neither break up by the Frost, nor soften by the Rain, but will remain in all Seasons sound and secure. Prepare thick East Country tar, or American tar, that which is the cheapest, with a sufficient quantity of fine gravel (and gravel sand from the turnpike road, where none other can be had), but where near the sea shore, the beach foundation sand will be found the best; and let be made a wooden hoe or scraper, about 18 inches long, and six or seven inches deep, with a handle like a gardenrake, placed in the centre, two-thirds towards the top of the board. Being thus prepared, having the top of the foot-path laid smooth, and the tar in pails, or the tar-barrel on a barrow or truck, then pour from out the bung-hole, or hole made in the head thereof, a gallon or two, as may be judged, on the path, and with the wood scraper draw the tar over the ground, in equal thickness, as near as possible, so as to cover the ground (do a yard or two); then put on the gravel mixed with the gravel sand (out of the barrow) plentifully, to be drawn in equal thickness with the wooden scraper, so as to cover the tar altogether; and when the path is thus made, let it remain unused for some time, that the materials may combine and harden, which they will do in dry weather very soon, say one week or two; the offensive smell of the tar will soon go off, and the path will be found firm and lasting. I have, in proof hereof, made a path (of those materials) in my garden 120 feet in length; and although it has had so much wet in it for the last two months past, yet it hath become firm, so as to be proof against the wet, nor hath the frost any power on it. Coal tar may be used for the purpose, and the ground may be covered with this and the other materials at about two shillings and sixpence per square of 100 feet (this I have also proved); and will be found of equal firmness with the other, the smell excepted, will answer well for parish foot-paths to the House of God, and be found comfortable travelling, especially in winter. It may be said the Sun in summer [Jan. will soften it, and cause it to be dirty. Does the Sun dry tar on buildings? it will be found to do the same on the ground. Tar will harden and dry, not having the power of the Sun. Where paths are well covered with gravel, it may be drawn aside to admit the tar, and serves for covering, mixed with the gravel sand or road sand, and thus saves the expense of obtaining more. No grass can penetrate a path prepared as directed, nor will it require any repair for many years. Wherever and by whomsoever this plan for paths may be proved and approved, the recommender would lay no other claim for its usefulness, than the generosity of those gentlemen, which will enable him to assist the poor, the sick, the needy, the afflicted, the widow, the fatherless, the orphan, the friendless, and the cause of missions for the spread of the Gospel of Christ. P.S. The East Country tar or American tar to cover the path will amount to about three shillings and sixpence per square of 100 feet. Yours, &c. T. BAYLEY. ON METROPOLITAN COURTS OF REQUESTS.-No. III. (Continued from vol. XCIII. Part ii. p. 495. THE Commissioners of Courts of TRequests generally consist of tradesmen, of men trained from their very youth to the pursuits of trade, whose time and whose minds are and have been too much occupied with their own personal concerns, to allow them to devote any part of their attention to the study even of the principles of equity and of British Jurisprudence; the acquirements, therefore, which they can call to their assistance are, generally speaking, only those which can be derived from a general knowledge of business: it cannot be denied that even this knowledge will frequently prove of much service to persons placed in their situation, but it will not compensate for the absence of that acquaintance with the maxims of the Law of Equity, without which no man can be properly qualified to fill the station of a Judge. It may be urged, in reply to this objection, that the Juries which decide even upon matters of life and death, are usually selected from the same class of society to 1824.] On Metropolitan Courts of Requests.No. Ill. to which the Commissioners of Courts of Requests belong: but no man who has any acquaintance with the Law of England, will be disposed to allow the validity of this argument; for, with one remarkable exception, Juries are judges only of the fact, the law of each case is left to a more competent authority; besides which, every person who frequents any of the superior Courts of Justice, will be convinced that Juries owe much of their usefulness to the presiding Judge. It cannot excite surprise that the decisions of these Courts are frequently in direct opposition to the decisions of the higher Courts of Justice; that maxims of jurisprudence which have long been deemed almost incontrovertible, are disregarded, or perhaps unknown to the Commissioners of Courts of Requests; nor ought the continual variance of decision upon the same points in different cases to cause any astonishment; the principles of equity are immutably fixed; and if every case was referred to that unerring standard, no cause of complaint could exist, nor would there be any discrepancies in the judgments of these Courts; but where we are entirely strangers to those principles, when their whole lives have been passed in pursuits which deprived them of the opportunity, even if they had possessed the desire of obtaining a knowledge of those principles, we may reasonably expect that their decisions will not conform to the maxims of equity, or agree with each other*. The different parish vestries are generally the constituents of Commissioners of Courts of Requests; and as these assemblies are usually under the dominion of party spirit, there is reason to fear that the prevailing and most powerful faction will rather be guided in their choice of Commissioners by the consideration whether or not the proposed persons belong to their own party, than by a conviction of their being well qualified, by unshaken integrity, and unquestionable ability, to discharge the duties of the office: this party spirit will of course be carried The writer wishes to direct attention to a Letter upon this subject, which appeared in the Gentleman's Magazine, vol. XCIII. ii. p. 519, and which has anticipated much of what he intended to say upon this important subject. 19 from the vestry meeting to the Court of Requests, and will there exercise its baneful influence at the expense of right and justice. The persons composing a jury are generally together for so brief a period, that party spirit, or the spirit of envy and dissention, has seldom time to erect its standard amongst them; but the case is very dif ferent with Commissioners of Courts of Requests; they are compelled to associate together for perhaps a year, usually for a much longer period, and during this time they may continue to pervert justice merely from a spirit of opposition. Can it be expected that men of but very moderate education, of very limited attainments, and possessed of no very extensive abilities, will or can discard their prejudices or their enmities at the entrance of the tribunal? will they not more probably bring these prejudices and these enmities to the judgment-seat itself; and, perhaps, though unconscious of their influence, be governed by their power while exercising their judicial authority? Instances have not been wanting, where persons having suits in Courts of Requests have privately applied to some of the Commissioners, who, so far from disdainfully rejecting such applications, have kindly promised their assistance to the applicant; but it is hardly possible to enumerate all the evils attending the constitution of Courts of Requests, even as it respects the Commissioners; an alteration is evidently desirable, nay, absolutely necessary, if it is wished that justice should be impartially administered in these Courts. The power of Courts of Requests to enforce the payment of what they decide to be just, are either by an attachment of the person or goods of the defendant; in the first case, they have power to commit for 20 days, when the debt does not exceed twenty shillings, and for a proportionate period if the debt be of greater amount; the largest period of imprisonment being 100 days; and at the end of these respective terms of imprisonment, the defendant must be discharged, however improper may have been his conduct. As this imprisonment entirelydischarges the defendant from any future claim, it is very appropriately termed by the lower classes," paying the debt," and it is very frequently preferred to any other mode of paying the debt; simple detention 20 Courts of Requests.-Life of St. Thomas Cantilupe. detention without labour being all that the Commissioners have the power to direct. This mode of enforcing the decisions of a Court of Requests is very little regarded. The other mode of recovering debt, execution against the goods of the defendant, is too often defeated by the removal or concealment of the goods, or by some other person pretending a claim to the effects, to disprove which would require an action at law; and upon the clearest evidence of the fraudulent concealment of property by a debtor, the Commissioners possess no power of committing him to hard labour; the only punishment they can inflict is the enlargement of the period of imprisonment for a few weeks. It is too generally the practice of Courts of Requests, upon the mere request of the defendant, to allow the debt to be paid by instalments, even though the defendant possesses the power of immediately discharging the demand, and to fix these instalments at a very low sum: that this practice may sometimes be useful, is very probable; but that it can be necessary to allow it to prevail so extensively as is done at present, may very safely be doubted; at least the Commissioners ought to satisfy themselves by examination into the circumstances of the party, whether there be any just title to the indulgence requested, and not subject the plaintiff to further trouble, and compel him to wait any unnecessary time for a debt which they have themselves declared to be just, unless the debtor shows that he cannot satisfy the demand upon him without some delay; in such a case attention to his desire might be shown: but if he was not deficient in the means, but was seeking only how to cause trouble and anxiety to his creditor, then most certainly the indulgence sought ought to be withheld. The Commissioners can ascertain the facts only by that patient investigation which they have not at present either time or inclination to bestow. A BARRISTER. Mr. URBAN, Exeter, Dec. 5. N the year 1674 an Englishman I abroad wrote the "Life of Saint Thomas Cantilupe, Bishop of Hereford," who flourished in the thirteenth century, and printed it at Gunt; this book is duodecimo size, 364 pages, de [Jan. dicated to the Great Duke of Tuscany. I lately met with a fair copy; whether it is possessed by any curious collector or collectors, I know not, but I never saw one for sale, or offered in booksellers' catalogues; and it seems, from the Museo-Britannico-Catalogue, it is not in the British Museum.English books printed on the Continent 150 years ago, are often very rare. It contains much originality, and is not deficient in entertainment. The title is,-"The Life and Gests of S. Thomas Cantilupe, Bishop of Hereford, and some time before L. Chancellor of England. Extracted out of the authentique Records of his Canonization; as to the maine part, Anonymous, Matt. Paris, Capgrave, Harpsfeld, and others. Collected by R.S.S.I. At Gant. Printed by Robert Walker, at the Signe of the Annuntiation of our B. Lady, 1674." After a long Dedication, a Table of twenty-five Chapters precedes the body of the work; viz. 1. The time and circumstance of his birth.-2. Of the parents and discent of S. Thomas.-3. Of his childhood and domestique education.-4. His first studyes in Oxford.-5. S. Thomas his study of philosophy.-6. His study of the canon law at Oxford.-7. He is made Chancellor of the University of Oxford.-8. He is made Lord High Chancellor of England.-9. King Henry the 3 dyes; his son succeeds; S. Thomas with license gives up his seale and retyres.-10. S. Thomas returns to Oxford, proceeds Doctour of Divinity; the testimony given of him. -11. He is made Bishop of Hereford. -12. His Retyrement and Union with God.-13. Of his love to the poore. -14. His charity to all, and detestation of detraction.-15. His courage defence of ecclesiasticall libertys.-16. His journey to Rome and entertainment there.-17. His returne home, and death on the way.-18. The bureall of his H. body, and returne of his bones into England.-19. The translation of them into a more eminent place.-20. The multitude of miracles wrought by the saint.-21. His canonization, and general devotion of all unto him, both Prince and people, till this unhappy breach. 22. His humility and abstinence.-23. His discharge of duty towards God and his neighbour. in 24. His purity of body and mind.— 25. His justice and prudence. At 1824.] Life of St. Thomas Cantilupe. At the conclusion of the life is added: "APPROBATIO. Libellum, cui titulus, The Life and Gests of Saint Thomas Cantilupe, Bishop of Hereford, Anglicè conscriptum, à theologo mihi noto lectum, prælo dignum censeo. Actum Gandava, 27 Augusti, anno 1674. H. Hesius, Libr. Censor." The following is a specimen of the work, extracted from the Bishop's Journey to Rome : "The last contest he had, and which cost him dearer than the rest, as going more against the hayre, was with the metropolitane John Peccham, Archbishop of Canterbury, a man of great learning and ability, and a worthy prelate, as grave authors doe testify of him. Nor is eyther he or our Saint to be the worse thought off for this theyr variance, synce good and wise men may be of different judgment, as to matter of right or fact, untill a just umpyre decide the controversy; till then both the plantiff and defendant may inculpably by course of law seek theyr right. he was "This John Peccham succeeded Robert Kilwarby in the chayre of Canterbury; with whome he carry'd this reference, that as the other had bin Provintiall of the H. order of S. Dominick, and thence chosen to that see, so this of St. Franciss, both signally eminent in knowledg and vertue, both great lights of theyr respective bodyes. This John, his years of government being expyrd, travelld through the Universityes of Italy to his great improvement, and lastly to Rome, where the forerunning fame having givin a large character of his eminent parts, in short time made by the Pope then sitting, Auditor or Chiefe Judge of his palace; in which employment he continued, till, upon the promotion of Robert to his Cardinallship, he succeeded him in his ArchBishoprick. No record that I could meet with gives us any further account of this controversy, than it was ecclesiastical, and relating to priviledges and immunityes of private Sees, which the Arch-Bishop was thought to trench, nor were they peculiar to that of Hereford, but jointly common to all that acknowledged him theyre Metropolitane, yet no one besydes our Saint had the courage to undergoe both the labour and expenses, and hazards that were annexed to such an undertaking. The cause was to be tryed in the Court of Rome; for that end a journey thither was necessary, and a good purse to defray its charges. "He took his journey from England through Normandy, and making some stay in the Abbey of Lira in the diocese of Eureux, this which I am to recount happened during that interim, nor must be omitted, as being a testimony of his present sanctity. 21 A child of 3 yeares old wont to play with other children before the Abbey gates, falling into a brook which ran therby, was drown'd; the child's parents, well knowne to fortune befallen them, to whome he said no the Saint, gave him to understand the misGod's assistance, will live; and streching more than these few words: The child, by forth his hands towards the place, made theron the signe of the Cross. In the meane while the father of the child taking it out of the brook, found it stark dead, full of water and sand, and no signe eyther of life or motion remayning in it. He opened the mouth with a knife, and letting the water out to a great quantity; to omitt no endeavour he chaf'd the body, though hopeless of life, before the fyre. His endeavour found effect; life returnd and motion ap pear'd, and in a competency of time all came to its naturall pass, to the great astonishment of all present. The recovery was held even then miraculous; but to whome to ascribe the miracle they knew not, and to S. Thomas they durst not, though even then venerable for his sanctity, yet his humility could not brook such extraordinaryes. But afterwards when the fame and number of his wonders was divulg'd through France itselfe, the father of the child, before the Lords Commissioners, upon the Saint's making the signe of the Cross, and uttering the aforesayd words, depos'd that he verily beintercession. liev'd life was restor'd by his meritts and "He began his journey in or about the 60 yeare of his age, and notwithstanding his bodily infirmityes, arriv'd there safe and well; Nicolas the 4 sitting then in the Chayre of S. Peter. This present Pope was a Frenchman by birth, who, besydes other great parts wherwith nature had endow'd him, was so farr favour'd by grace, as to be emioff, after death, his sepulcher was graced nent in sanctity of life; in attestation wherwith many miracles, the blind, lame, and dumb, finding there a present cure. Now, what wonder if one saint give another an honorable reception? this is no more than to give vertue its due; and from whome may that be more justly expected then from Saints?" Old writers inform us, that Thomas Cantilupe was the last canonized English Saint, and the reported miracles wrought at his tomb amounted to 425. He died in Tuscany, 1282. Yours, &c. SHIRLEY WOOLMER. tions on several of your past Numthe following observabers for insertion (if you deem them worthy) in your Miscellany. E. I.C. 22 Miscellaneous Remarks.-History of England. VOL. LXXXIX. ii. pp. 297, 298. To the able description of the Church of East Meon by two of your Correspondents, the following account of the discovery of an ancient painting of St. Christopher, in the latter part of last year, extracted from a newspaper, will form an appropriate supplement. "A bricklayer, employed in some repairs in the interior of East Meon Church, by an accidental stroke of his trowel against the wall, displaced some of the plaster, when a painted head of extraordinary size was disclosed to his view on proceeding further, `he discovered the whole-length figure of a giant, bearing on his shoulders a female, holding in one hand a ball resembling a globe, while the other was held up near her face. The giant held in his left hand a large staff, or what is more probable, a spear, part of which is defaced. A dragon was also at his feet. The whole is very well executed, particularly the drapery.' There can be no doubt that this painting refers to the well-known legend of St. Christopher bearing our Saviour in the likeness of a child across a river. See a similar painting in vol. XCII. ii. p. 305. Such paintings were very common in antient churches *. Vol. xc. i. The story of Sultan Mahmud, among the anecdotes of the Arabs, is copied with little variation, and that for the worse, from No. 99 of the Guardian, and is there called a Persian tale. Vol. xcII. i. p. 104. [Jan. tomb-stone, in the lower part of the sculpture, is the date 1687, and the letters A. P. 30, which were probably the initials and age of the sculptor ;who this ingenious person was, these particulars may perhaps enable some of your Correspondents to ascertain. The date I gave on Mr. Pennant's authority, is therefore incorrect. On the architrave of the Doric archway, which contains this curious performance, is cut-" William Leverton, architect, 1800." What station this sculpture occupied previous to that date, I have not been able to learn. Vol. xc. ii. p. 446. Let any person who reads Mr. Gleig's Letter, turn to the anecdote recorded in your vol. xcı. i. 52, which shows the manner in which Bibles are disposed of in the East, and he cannot fail of having his eyes open to the cant and humbug of Missionary and Bible Societies. P. 506. VIATOR is informed that the bell of St. George's Church, Southwark, tolls in the morning and evening at the same periods as the Dorchester bell, and is, I think, very probably a relic of the Norman Couvre-feu. DECLAMATION ON THE HISTORY MANY of the wisest and warmest Enquiry is made respecting a portrait inscribed "Fran. Bindlos, 1655," very unsatisfactorily answered by another Correspondent in the same vol. p. 194. In Pennant's Journey from Chester (ed. 1811, p. 485), among the portraits in Woburn Abbey is one of Lady Bindloss, wife to Sir Francis Bindloss of Berwick, near Lancaster, and daughter to Thomas, third Lord De la Warr. Your first Correspondent's enquiry, therefore, in all proba-quity on the other; a very generous bility, applies to this lady's husband. P. 405. The general resurrection on St. Giles's Church-gate has, since my communication in the above Magazine, been cleaned and bronzed. The workmanship, now divested of the accumulated dirt which then co vered it, appears to very great perfection. I beg to make some additions to my former observations. On a See Fosbroke's Encyclopedia of Anti quities. This opinion, however, has been propagated by its authors, neither from a decided conviction on the one hand, nor from a blind admiration of anti but mistaken motive has often rendered it popular and energetic; it has been opposed in times of public danger to the arguments of those enemies to their country, and indeed to all mankind, who have branded the sa cred privileges wrested by our patriot ancestors from the first Norman princes, as the fruits of successful rebellion. But although the principle is to be applauded, the error cannot (and in |