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Remarks on the Scotch Bankrupt Bill. [March 1, but the preceding year) building her nest Other persons of credit, at Windsor, were at least a fortnight before the time of also in the vault with Mr. Sewel; neither depositing her ergs, and the subst quent has it ever been doubted by the officers incubation: To what other cause can of the church, that the corps was here we attribute the migration of bırds, and baried.”
T. C. numberless instances of instinctive know
Jan. 1, 1814. Jerge, far exceeding the limited powers To the Editor of the Monthly Magazines of intuition ! Assuredly, from no other pource than that of an universal emana. tion from the Supreine Being, can such Y al
COU will certainly render an essena spontaneous intellect be derived; and this supposition merely verifies the opi- ers, both in England and in Scotland, nion of those ancient pbilosophers who, by inserting in your Magazine the follows in explaining to their disciples the nature
ing remark's on ihe Scorch Bankrupt Bill, of the Deity, taught, that “in bir we,
brought into Parliament last Session by live, move, and have our being ;” and
the Lord Advocate of Scotland, and of one of our own most sublime pnets,
which, it is expected, will come again that the divinity “lives through all life," before the Ilouse immediately after the and “extends ihrough all extent.” Woburn. E. T PILGRIM.
The proposed Bill is nothing but a
repetition of the existing Act, with the To the Editor of the Monthly Magazine. which by no means go to cure those ra
exception of a very few additional clauses,
dical defects in that statute, in the preI
WAS much surprised, on reading Sir vention of fraudulent bankruptcies, or
Henry Halfo:d's account of what checking the rapacity of trading trustees. appeared on opening the coffin of King These are men who, ihough not creditors, Charles the first, in the vault of King nevertheless act as assignees in England, Henry the eighth, in St. George's chapel, with this difference, that the emoluments at Windsor, that no notice should have of the office of trading or professional been taken of the circumstantial, and trustees are so enormous, that an eleco well authenticated facis recorded in tion seldom occurs without a very keen Pote's History of Windsor. By compar canvass for the office, by unfair means, ing the two accounts, your readers will sometimes by threatening, and sometimes decide bow far the following relation has by cajoling the creditors. In consebeen confirmed.
quence of which, the largest creditor who King Charles I. was buried also in wishes to act for bis own and the general this choir, in the same vanlt with King interest, by saving expence and making Henry VIII. and bis queen; and as some the estate productive, is often ousted, insinuations have been spreacl abroad, and the management acquired by men as if the royal corps had not been buried whose sule view is their own emolument, here, or was afterwards removed, it will, I and who bave an interest to keep the hope, be excusable to insert, that I remen. creditors out of their money as long as ber to have seen, a few years since, a ma
possible, they not being creditors them. nuscript memorandum of Mr. Sewel, a man
selves. of probity, and above forty years chapter clerk of Windsor College, to this purpose :
These general observations will enable that, upon the opening this vanit, for the you to understand more clearly the teninterment of a still-born child of ihe Prin. dency of the following c'ause in this Bill, cess of Denmark, afterwards Queen Anne,
on which we have never heard that the he went into the vault, and there saw the opinion of any mercantile man has been coffin of King Charles I. covered witi vel- asked, previous to its being brought into vet, with a label on the cover, whereon the llouse. It is on foliu 47. p. 14, of the was marked King Charles, 1618, that the printed copy, viz. “ And be it enacted, velvet of the coffin and pall was sound, and ihat in case any dispute or compeution no ways rent; and that the pall laid over the cuttin, as at first flung in at the burial; interim factor or the trustee, the same
shall bappen, either in the election of the that the vault was small, and the new-born child was laid upon the coffin of King and it shall be competent either to the
shall be reported to the Court of Session; Charles I. This has been again ascertained, this 8th of March, 1748-9, by a ielation of Court in time of Session, or to the Lord Mr. Sewel's, who lived many years with Ordinary on the Bills in time of vacation, him, often heard him declare the same, and
to decide in the most summary manner bemy his execntrix, had this paper among
on the inerits of such election, and to others, for some time in her possession. settle by act of sederent in what form
Court, overwhelined with Xucitudes' TREs is a great deal of inedited
this shall be done, with power to the into these friends' hands, by a mock Court or the Lord Ordinary, in their or competition for the office of trustee. his discretion, to lay aside the competing It has been reported that the Court candidates altogether, and to resort to of Session approve of this Bill; and it the Sheriff Depute of the county to suge is readily granted that it will do no harm gest such other person or persons as he to professional men, both in and out of may think most fit for such othice, to the thai Court. But if the report be true, number of two of three, out of whom is it not liigh time for the mercanule inthe Court or the Lord Ordinary shall terest to awake at so critical a joncture, name one to be appointed thereto." when such a Bill has actually been
As, under the existing Act, there is brought into the House? seldom an election of trustee without a It may be only further observed, thas competition, so by the above clause, there are eighty-one new provisions in competitions will be greatly encouraged another Bill, which many mercantile and fomented among creditors, especiaily bodies have approved of and found ne. by trading trustees, who know, that by cessary for radically curing the existing setting up a petiy creditor against the evils in Scotch bankruptcy, both with largest, who may have 99 out of 100 respect to trading trustees and fraudulent votes, this very competition will occasion bankrupts, which provisions are wholly the election, however fair or proper, to omitted in the Lord Advocate's Bili, be reported to the Court. This, in the thougin this other Bill was transmitted to first place, will occasion expence, and his lordship above two years ago.
A. inflanie lawyers' bills; but this is nothing to what follows-for, by fomenting this To the Editor of the Monthly Magazine. comipetition, the election is taken out of
manuscript literature, relative to reports, will iesort to the sheriff, who the missions of the Catholic priesthood, is to return a list of no less a number than still estant in the libraries of France and two or three persons.
These two or Italy, three may be the sheriff's own particular Take an instance. In the public li. friends, and most likely some of those brary at Lyons is deposited, No. 737, who fomented the competition at first, A History of the Church and Martyrs of to get himself put on the list by the she. Japan, by Father John de Bussieres, a riff, who, for any thing that can be known, Jesuit. may himself be in partnership with somo This work consists of two folio volumes, of these trading trustees, seeing that containing an abridged history of Japan, trustee companies are now quite fashion a minute account of the religious opie able in Scotland, and hold out a strony nions and ceremonies of the Japanese, temptation to lawyers of the first emin and many particulars of the missionary nence to be members of them, the office travels of fathers Francis-Xavier, Luis of trustee being so lucrative. For it is Almeida, Torres, Frocz, Acosta Fernow understood, that besides all the nandez, Villela, Monti, Valla, Cabral, other expences of management, their Lopez, Gueseti, Velegnan, and Mezqula charge for commission is five per cent. The chronicle of Japan from 1549 on the funds, over and above the use to 1598 is given with peculiar minuteness. of the money, on paying a penalty of By means of some returned French 71 per cent, which is never exacted; and emigrant in the ecclesiastic profession, which, though it were, they can well af. our missionary societies could probably ford to pay from a 20, a 30, or a 50 per obtain leave to print, at their own exe cent, business, carried on with the cre pense, these and siinilar documents, ditors' money, and at their risk. They would supply to future missionarias Such is one of the tendencies of the important records of
experience, and above clause, to deprive creditors of greatly facilitate their setting out aright. their right to appoint their own servants And, to literature in general, ibey would to manage their own affairs; but this is add a vast inass of geographic and hiş. not the only tendency of it, for debtors, toric science.
Y. R. who chuse to cheat their creditors, have
nothing to do but to stop payment, and, To the Editor of the Monthly Magazine. by a private agreement with some of the two or three of the sheriff's friends, to ERMIT me to correct mistake
which your correspondent, Mr, T.D.
[March 1, Fosbrooke, appears to have made rela. an artificial classification.” How much tive to the splendid edition of the great of all this, will justly apply to Pope? Duke of Mariborough's Campaigns, which Not enough to denominate him a “poet that gentleman ascribes to Bonaparte. of the very first order.” But these wonThe fact is, that Sarabı, Duchess of Marle drous powers will apply to Shakespeare, borough, caused a few impressions on Milton, and Chatterton-the three greatwellum, very richly embellished, to be est poets the world can produce. Though printed, for the purpose of being present. the last did not write so much as the ed to the reigning sovereigns of Europe; other two, yet he wrote enough to prove and the volume sent by the head of the that possessed the true inspiration. French government to the present Duke Let Pope be called the poet of good of Marlborough, during the short inter sense of poetical propriety--the poet val of peace with this country, was found of “poetical prudence ;" the poet of exin the library of the unfortunate Louis quisite harmony---of smooth, elegant, and XVI. It is not for the purpose of depriv. Splendid versification. “ Pope's page is a ing Bonaparte of the honour of being an velvet lawn, shaven by the scythe, and admirer of the military character of Marl. levelled by the roller.” He must also borough, that I am induced to make this be called the poet of nervous brevity. statement, but for the sake of truih, which Swift, a concise writer himself, “selects even on so trivial an occasion ought not this Maculty as his distinguishing exto be violated (and I ain confident would cellence :" not be violated but through mistake or
When Pope can in one couplet fix niisinformation) in your useful misa
Mors sense than I can do in six. cellany.
VIRAX. Dec. 3, 1813.
But good sense, propriety, harmony,
nervous brevity, splendid diction, vivid To the Editor of the Monthly Magazine. rich invention, will not alone constitute
colouring, nor even sound judgment, and SIR, N Dr. Aikin's Critical Essay, pre- the highest order. There must be ad
the poet, the emphatic poet, the poet of IN
fixed to his edition of Pope's Essay on Man, I met with the following sen.
ded, the pearl of great price," - the timent :
:~m~ If Pope's litle to ihe honours feeling heart. Pope is not the poet of of a poet of the very tirst order be dis
the heart; and, therefore, he is not the
Quod puted, it can only be by those who have poet of “the very first order." framed an artificial classification of poetic
Feb. 1, 1811. HENRY ENFIELD. merits,” &c. I am not one of those persons wbo denominate Pope a poet of ibis
very tirst order.” The staðdard by To the Editor of the Monthly Magazine. which I form my decision of the poet, is SIR, the more or less power which he exer S the grand topic of Catholic eman.
Does he elevate and swell the soul? Can the attention of Parliament and the he raise a tuinult there? Can be sweep public at large, a clear and impartial the stronger chords of passion, with the statement of the question may not, pervehemence and rapidity of a master's haps, be unacce otable to many of the hand ? Can he set the heart on fire? readers of your valuable miscellany. But more than all this, is he pathetic? For though many eloquent tracts, and This is the touchstone of the inspired; speeches relative to it, have appeared the strong and irresistible evidence of fiom time to time, yet, as it is of the esgenuine poetic capacity. lle must be sence of oratory to amplify, and of abjudged by his power to melt and dissolve stract reason to condense, a safer judy. beyond measure; to agitate and distress; nient may be formed in this, as other co agonize and cleave the heart in twain; cases, by viewing the argument in una to command a flood of tears ; to pour adorned simplicity. griet, pity, affection, melancholy, into
It has been repeatedly asked, what is the recepiacle of feeling. When we the extent of the Catholic claims! And read, do we exult, tremble, rage? Do what the securities offered against the po. our hurried feelings clash ? Does tear litical perils of unlimited compliance ? does horror-shake our nerves ? Does Let the Catholics answer for themselves. anger or revenge fire our eyes? Are we In the petition presented to Parliament, disturbed, celighted, rapt, inspired, by in the course of the last session (1813), the poet's skill? This thesis is the poet they say,“ We approach with confidence of nature, and sol oue who belongs to an enlightened legislature. In the name 3
of Nature we ask our rights as men; in trymen, we would willingly take it. the name of the Constitution we ask our We owe it to our God to be free from privileges as subjects; in the naine of disloyalty, we owe it to our country to God we ask the sacred charter of unpere endeavour at least to be free from sussecuted piety as Christians. Are securia picion. We would with the utmost wil. ties demanded of us? We offer them, lingness swear, should the legislature rethe best securities a throne can have, the quire us so to do, that we never will affections of a people. We abjure all concur in the appointment or consecratemporal authority except that of our so tion of any bishop, whom we do not vereign. We acknowlerige no civil tie conscientiously believe to be of unim. save that of our Constitution. In behalf peachable loyalty and peaceable conduct. of five millions of a brave and united And, further, that we have not, and peuple, we call on the legislature to an- that we will not have any correspondence nihilate the odious bandage which bosws or communication with the chief pastor down the mental, physical, and moral, of our church, or with any person ave energies of Ireland."
thorised to act in his name, for the purTo this impressive petition, the legis, pose of overthrowing or disturbing the lature appeared to hearken with dignified Protestant government, or Protestant, and beneficent attention; but from the church, of Great Britain and Ireland.” concurrent influence of various causes, Such are the ingenuous offers and avowthe object of it was not found attainable. als of the Irish Catholic prelacy; and a From a laudable disposition to conciliate dispassionate inspection of the Bill in as far as possible the favour, or to soften question, must convince us that the allethe enmity of its opponents, the Bill of gations urged against it, are not founded relief was so framed, as in some of its in caprice, much less in disaffection. provisions to appear equally incompatible 1. As according to a fundamental law with the feelings and principles of the of the realm, the sovereign of the Brio Catholics, although the former opposition tish empire must be a Protestant, it cancontinued with unabated violence; till, not justly be deemed a hardship that his the clause authorizing the admission of immediate representative, the chief goCatholics to seats in Parliament being vernor of Ireland, should be a Protestant negatived, the whole was withdrawn, also; but what political necessity exists, with the hope and prospect, nevertheless, that the Chancellor of Ireland, as enacta of revival under maturer modifications, ed by this Bill, should be of that comand happier auspices.
munion? The appointment of a CathoAbout this period, ths prelates of the lic chancellor is, indeed, a very remote Roman Catholic church, assembled in and improbable contingency; but to Dublin (May 26), published an address exclude the Catholics, by an express law, to the general body of Catholics, stating fron, the possibility of attaining to this in respectful, yet decided, language, dignity, must operate as a stigma upon their disapprobation of the Bill. Ac. the whole Catholic body; and has a tenknowledging "the gracious condescension dency to damp all intellectual and proof the legislature," they declare “ their fessional exertion. What ardent advens distress of mind in being compelled, by a turer in the state lottery of the law, but sense of duty, to dissent in some points, would feel the injustice of being deprived from the opinions of those virtuous and of his chance of the highest prize? `And, enlightened statesmen, who have so long supposing a future L'Hopîtal, or Montesand so ably advocated the cause of Ca- quieu, to arise in Ireland, who would tholic freedom. Probably from a want dare to pronounce him unworthy of it? of sufficient information, but unquestion. The clause likewise which restrains the ably from the most upright motives, they Catholic patron from presenting a Prohave proposed to the legislature, the testant to any preferment in the United adoption of certain arrangements respect. Church of England and Ireland, lay or ing our ecclesiastical discipline, and par- ecclesiastical, is equally invidious. ticularly respecting the exercise of epis II. The 6th clause prohibits to the copal functions, to which it would be Catholic clergy all correspondence with impossible for us to assent, without in any foreign or ecclesiastical authority, on curring the guilt of schism."
any matter or thing not purely spiricuai In adverting to securities, they say, or ecclesiastical. This clause is worded “ Should any other oath not adverse to with such jealous strictness, that the our religious principles, be yet devised, Catholics either individually or collecwhich could remove even the unfounded tively, the College of Maynooth for inn apprehensions of any part of our coun- stance, seemn debarred from all literary MONTHLY Mag. No. 252.
Remarks on Catholic Emancipation. [March 1, correspondence with foreign universities, pal Secretary of State for England, or or oiher scientific institutions; while ihe Chief Secretary for Ireland being one, Protestants are allowed, even in time of as his Majesty shall from time to time war, to hold French academical humours. think fit to appoint,
The 7th clause makes it a misdemea. By the following clauses it is provided, nor for any Catholic clergyman to exercise that five of these commissioners shall form his spiritual functions, without taking an a Board, of which the Secretary of State, oath to the above etfect. And the 8ih or Chief Secretary shall be president, and enacts, that the said oath shall be sube which must include one ecclesiastical scribed in court, by the persons taking and one lay Catholic commissioner; the and making the same, with his name at commissions to be revocable at the royal length, if such person can write, or other- pleasure. And the 23d clause enacts wise wiih his mark. Does the Bill then that, from and after the passing of this mean to insinuate that there are Catholic Act, no person in holy orders, professing clergymen who cannot write their names? the Roman Catholic religion, shall assume And, is this clause intended to guard the the functions of bishop or dean within empire against the danger resulting from the United Kingdom, unless the name the correspondence of such persons, with of such person shall previously have the Catholic literati and divines of the been notified in writing to the presio continent ? Surely this must extort à dent of the Board of Commissioners, sinile amid the musi angry debate ! and the said person shall have received
lil. The 10th clause most arbitrarily his Majesty's approbation. And, by the enacts, so that no person professiog the next clause, the Board are required Roman Catholic religion shall be capa. só evithin six weeks subsequent to such ble of exercising tile functions of bishop notification, to report to his Majesty, or dean, within the United Kingdom, under their hands and seals, whether unless he shall bave been resident within they know or believe any thing which the same for five years next preceding tends to impeach the loyalty, or peacebis first exercising suci duty or functions; able conduct, of the said person; and in and any person acting in contravention case the royal disapproval, authentically of this clause, shall be deemed guilty of attested and enrolled in the Court of a misdemeanor, and liable to be sent Chancery, should ensue on this report, out of the kingdom." flow must such any such person presuming to exercise a sentence as this cingle in ears of the sacred functions above mentioned, the Catholics? Ilas it been usual, in shall be guilty of a misdemeanor, and times past, to select as dignitaries of the liable to be sent out of the kingdom.” Irish Catholic church, individuals who Upon a view of these provisions, must have previously resided abroad? Tien not any impartial person, ignorant of the why restrain wis liberty of choice at pre- state of the controversy, presume that na senti lias i', on the contrary, been lamentable necessity for such odious prethe practice to promote the resident in cautions existed, in the frequent promopreference to the non-resident clergy? tion of individuals noted for turbulence Why make a lauv to compe' the Catholics and disloyalty, to the highest ecclesias80 persevere in their own policy?
tical stations in the Irish Catholic church? IV. Some of the particulars here enu. Yet the undenied and undeniable fact is, nerated would doubtless admit of ino that, from the æra of the Revolution to dificat:oli ; ouers miydi be submitted to the present day, and a single appoint- ! in silence; but the 11th and following ment 'obnoxious to the governinent has clauses present a more menacing aspect, taken place, The darger is merely and are, unquestionably, what the pre- that the Catholic prelacy of Ireland may lates, in their address, bad chiefly in view. begin to act disloyally, when every mo
After a declaration of the expediency live to disaffection is annihilated. of taking further precautions, in respect The gravd ohject of this Bill, accord. to personis m hüly orders, professing the ing to the preamble, is to put an end to Roman Catholic religion, who may here all religious jealousics and animosities, after he appointed to the functions of whereas in the opinion of the parties im. bishop or dean, the 11th clanse enacts mediately interested, “ its tendency is that it njay be lawful for his Majesty to to cause more jealousy, animosity, and appoint iwo several commissioners, one confusion, than any religious innovation for Great Britain and the other for Ire- since the revolution. By the tenure of Jand, to consist of such Catholic prelates, this Bill," it is alleged,“ the Roman lay peers, and commoners, and such Catholic bishops and clergy are left enalembers of the Privy Council, a princi• tirely to the judgment, discretion, and