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H of Plymouth was conferred upon him. Yet the triumph of ‘Solomon’ brought him no commissions, and the exhibition of it in Plymouth, Liverpool, and Birmingham was a failure. He now set to work with renewed energy on his ‘Christ's Entry into Jerusalem,’ which took him six years to complete. He writes on 29 April 1815: ‘Never have I had such irresistible and perpetual urgings of future greatness. I have been like a man with air-balloons under his armpits and ether in his soul.’ But the progress of his picture was much interrupted from weakness of his eyes and a controversy about the Elgin marbles. Canova arrived in England in 1815, and confirmed Haydon's views as to their supreme merit. A committee of the House of Commons was appointed to consider the question of purchase for the nation. Out of consideration to Payne Knight, Haydon's evidence was not called for, but he wrote an article ‘On the Judgment of Connoisseurs being preferred to that of Professional Men,’ which mercilessly exposed the ignorance of Payne Knight, and demonstrated with great vigour and knowledge the merits of the marbles. It appeared in both the ‘Examiner’ and the ‘Champion,’ and, as Sir Thomas Lawrence said, saved the marbles. Lawrence added that it would ruin Haydon, but Haydon was well on the road to ruin already. He was penniless, but would not paint marketable pictures. Sir George Beaumont gave him a commission, but he did not execute it; Mr. (afterwards Sir) George Phillips gave him another for a picture of ‘Christ's Agony in the Garden,’ but he spent an advance of 200l., and was in no hurry to finish the picture. It is now at the South Kensington Museum. With reckless extravagance he had casts taken of the Elgin marbles, and made presents of them to Canova and others. He took pupils for nothing, and set up a school to rival the Academy. He got into the hands of the money-lenders. He spent much time in writing essays on art and attacks on the Academy for Elmes's ‘Annals of Art,’ and if it had not been for the generous assistance of friends and patrons he would probably have never finished his ‘Christ's Entry into Jerusalem.’ When it was finished at last, Haydon, without a penny in his pocket, engaged the great room at the Egyptian Hall for a year at 300l., and opened the exhibition on 27 March 1820. Its success was great; the net profits of the exhibition in London amounted to nearly 1,300l., and it was afterwards exhibited successfully at Edinburgh and Glasgow, but he was still deeply in debt when in December he commenced his ‘Lazarus’ (now in the National Gallery) on a canvas 19 feet long by 15 feet high. It was not finished till December 1822.

In October 1821 Haydon married Mary Hymans, a beautiful widow, with whom he had been in love for some years, and about this time his creditors began to take active steps against him. A few months before and again shortly after his marriage he was arrested for debt, and in November 1822 he had an execution in the house. His eldest son, Frank, was born in December. ‘Lazarus’ was exhibited at the Egyptian Hall in the March following. The exhibition was very successful, but the picture was seized by creditors almost immediately with the rest of his property, including a new huge canvas on which he had already commenced a picture of ‘The Crucifixion.’ He was imprisoned in the King's Bench till 25 July. ‘Lazarus’ was sold to his upholsterer for 30l., and ‘The Entry of Christ into Jerusalem’ (now at Philadelphia) for 240l.

Henceforth, though full of activity in various directions, his career as a painter was maimed. Hitherto this career had been chequered, but on the whole brilliant. His aims were high, and if he formed an exaggerated notion of his own genius and the importance of his mission as an artist, he was encouraged in his delusions by some of the most cultivated and gifted men of the day. Among his admirers were Sir Walter Scott, Keats, Charles Lamb, Wordsworth, Southey, Hazlitt, Miss Foote, Miss Joanna Baillie, Miss Mitford, and Mrs. Siddons. Wordsworth addressed him the fine sonnet commencing ‘High is our calling, friend! creative art;’ Keats evidently referred to him in his sonnet beginning ‘Great Spirits now on earth are sojourning;’ Miss Mitford and Charles Lamb joined the chorus. Distinguished foreigners, like Canova and Cuvier, Horace Vernet and the Grand Duke Michael of Russia, had come to see the great picture of ‘Jerusalem’ in progress. He had an enthusiastic following of pupils, including Charles and Thomas Landseer, William Harvey, George Lance, William Bewick, and others. He firmly believed, too, that God was on his side. His journals are interwoven with prayers. The year before his death he wrote: ‘The moment I touch a great canvas I think I see my Creator smiling on all my efforts—the moment I do mean things for subsistence, I feel as if he had turned his back, and what's more I believe it.’

From prison Haydon petitioned parliament to grant money for the decoration of churches and other public buildings with paintings, and on his release his first intention was to return to his stripped home and paint his ‘Crucifixion.’ But to this his wife


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Rh seemed to be, as it were, a calm, sweet cast, or appearance of divine glory, in almost everything. God's excellency, his wisdom, his purity and love, seemed to appear in everything; in the sun, moon, and stars; in the clouds and blue sky; in the grass, flowers, and trees; in the water and all nature; which used greatly to fix my mind. And scarce anything, among all the works of nature, was so sweet to me as thunder and lightning; formerly nothing had been so terrible to me. Before, I used to be uncommonly terrified with thunder, and to be struck with terror when I saw a thunderstorm rising; but now, on the contrary, it rejoices me."

Billy Bray, an excellent little illiterate English evangelist, records his sense of newness thus:—

Starbuck and Leuba both illustrate this sense of newness by quotations. I take the two following from Starbuck's manuscript collection. One, a woman, says:—

"I was taken to a camp-meeting, mother and religious friends seeking and praying for my conversion. My emotional nature was stirred to its depths; confessions of depravity and pleading with God for salvation from sin made me oblivious of all surroundings. I plead for mercy, and had a vivid realization of forgiveness and renewal of my nature. When rising from my knees I exclaimed, 'Old things have passed away, all things

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250 have become new.' It was like entering another world, a new state of existence. Natural objects were glorified, my spiritual vision was so clarified that I saw beauty in every material object in the universe, the woods were vocal with heavenly music; my soul exulted in the love of God, and I wanted everybody to share in my joy."

The next case is that of a man:—

This man's case introduces the feature of automatisms, which in suggestible subjects have been so startling a feature at revivals since, in Edwards's, Wesley's, and Whitfield's time, these became a regular means of gospel-propagation. They were at first supposed to be


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 gold lace: the capitals were overlaid with embroidered velvet, so as to retain somewhat of the appearance of capitals; and all the cornices and pillars were in like manner covered with hangings. All the entablatures of the walls were also covered with life-like paintings, so that the whole church seemed to be laid out in mosaic. Around in the church, and on the high altar, more than two hundred wax tapers were burning. It looked like a wall of lights, and the whole nave was perfectly lit up. The aisles and side-altars were equally adorned and illuminated. Right opposite the high altar, and under the organ, two scaffolds were erected, which also were covered with velvet, on one of which were placed the singers, and on the other the instruments, which kept up one unbroken strain of music. The church was crammed full.

I have heard an excellent kind of musical accompaniment. Just as there are concerts of violins, or of other instruments, so here they had concerts of voices; so that one voice—the soprano, for instance—predominates, and sings solo, while from time to time the chorus of other voices falls in, and accompanies it, always, of course, with the whole orchestra. It has a good effect. I must end, as we, in fact, ended the day. In the evening we came upon the opera, where no less a piece than " I Litiganti " was then performed; but we had all the day enjoyed so much of excellence, that we passed by the door.

Nov. 23, 1786.

In order that it may not be the same with my dear incognito as with the ostrich, which thinks itself to be concealed when it has hid its head, so, in certain cases, I give it up, still maintaining, however, my old thesis. I had, without hesitation, paid a visit of compliment to the Prince von Lichtenstein, the brother of my much esteemed friend the Countess Harrach, and occasionally


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Rh proofs of 'power' on the part of the Holy Ghost; but great divergence of opinion quickly arose concerning them. Edwards, in his Thoughts on the Revival of Religion in New England, has to defend them against their critics; and their value has long been matter of debate even within the revivalistic denominations. They undoubtedly have no essential spiritual significance, and although their presence makes his conversion more memorable to the convert, it has never been proved that converts who show them are more persevering or fertile in good fruits than those whose change of heart has had less violent accompaniments. On the whole, unconsciousness, convulsions, visions, involuntary vocal utterances, and suffocation, must be simply ascribed to the subject's having a large subliminal region, involving nervous instability. This is often the subject's own view of the matter afterwards. One of Starbuck's correspondents writes, for instance:—

There is one form of sensory automatism which possibly deserves special notice on account of its frequency. I refer to hallucinatory or pseudo-hallucinatory luminous phenomena, photisms, to use the term of the psychologists. Saint Paul's blinding heavenly vision seems to have been a phenomen of this sort; so does Constantine's


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H entered the navy at the age of seven, but really not till 1787, when he was embarked on board the Orion of 74 guns, under the command of Sir Hyde Parker. In 1790 he was serving in the Pearl frigate under Captain G. W. A. Courtenay, whom in the spring of 1793 he followed to the Boston, and on 31 July took part in the action with the French frigate Ambuscade. Courtenay was killed, and the Boston overpowered and compelled to haul off, the Ambuscade not being able to pursue her (, Naval History, 1860, i. 110). On returning to England he was made lieutenant (7 Oct. 1793), and appointed to the Dido with Sir Charles Hamilton [q. v.], whom he followed to the San Fiorenzo, in the Mediterranean. After serving in the Channel and West Indies he was promoted, 1 March 1799, by Sir Hyde Parker, then commander-in-chief at Jamaica, to be commander, and, continuing on the Jamaica station, was advanced to post rank 29 April 1802. In January 1809 he commanded the Alfred on the coast of Spain, and in charge of the embarkation of the troops after the battle of Corunna; afterwards was moved into the Achille for the Walcheren expedition, and at the close of the year was appointed to the Freya frigate, in which he served under the command of Sir Alexander Cochrane at the reduction of Guadeloupe in January 1810. He returned to England in the following autumn, and in September 1812 was appointed to the temporary command of the Magnificent of 74 guns, employed in the Bay of Biscay. On the evening of 16 Dec. she anchored in the entrance to Basque Roads, and during the night was driven from her anchors by a violent gale towards a dangerous reef. She was saved from what appeared certain destruction by the excellent discipline of the crew and the seamanship of the captain, which, even in that age of brilliant seamanship, was considered remarkable, and won for him the title of ‘Magnificent Hayes.’ Very full technical details of the affair were published at the time (Naval Chronicle, xxix. 21), and have been copied by James (Naval History, 1860, v. 332) and Marshall (Roy. Nav. Biog. iv. 677). The facts are totally different from those of the club-hauling of H.M.S. Diomede in ‘Peter Simple,’ often said to be founded on the escape of the Magnificent. In January 1813 Hayes was appointed to the Majestic, a 74-gun ship, which had been cut down, on a plan suggested by him, into the semblance of a frigate, to meet the novel exigencies of the war with the United States. She carried an armament of twenty-eight 32-pounders and twenty-eight 42-pounder carronades, and was sent over to look out for the heavy American frigates. She did not fall in with one, but on 15 Jan. 1815 was, with the frigates Tenedos and Pomona, in company with the Endymion when the United States frigate President was captured [see ]. On the remodelling of the order of the Bath in 1815 Hayes was made a C.B., and in 1819 superintendent of the ordinary at Devonport. In 1829–30 he commanded the Ganges at Portsmouth; and from 1830 to 1832 was commodore on the west coast of Africa, with a broad pennant on board the Dryad of 42 guns. By the very large promotion which took place on 10 Jan. 1837 he became rear-admiral of the white. He died the following year, 7 April 1838, at Southsea. Through his whole service he had paid unusual attention to the details of naval construction, a subject to which his mind appears to have had an hereditary bent, and on which he published one or two pamphlets, which were favourably received at the time, though now forgotten. Hayes was married and left issue, among others the present Admiral Courtenay Osborn Hayes, and Vice-admiral John Montagu Hayes, C.B., who died in 1882.

 HAYES, JOHN (1786?–1866), portrait-painter, born about 1786, first appears as an exhibitor in the Royal Academy in 1814. He continued to exhibit up to 1851; his contributions were chiefly portraits, though he occasionally sent a subject-picture. Hayes had considerable practice as a portrait-painter, and died in 1866, aged 80. In the National Portrait Gallery there is a portrait by Hayes of Miss Agnes Strickland, painted in 1846, and engraved by F. C. Lewis, as frontispiece to her ‘Lives of the Queens of England’ (1851).

 HAYES, JOHN MACNAMARA, M.D. (1750?–1809), physician, born in Limerick about 1750, was the son of John Hayes and Margaret, daughter and coheiress of Sheedy Macnamara of Ballyally, co. Clare (, Baronetage, ed. 1882, p. 302). He served with distinction as an army surgeon in North America and the West Indies, and was promoted to be one of the physicians to the forces. On 20 March 1784 he took the degree of M.D. at Rheims, and was admitted a licentiate of the Royal College of Physicians on 26 June 1786. He was appointed physician extraordinary to the Prince of Wales in 1791, and was elected physician to


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H the Westminster Hospital in 1792, an office which he resigned in 1794. He was created a baronet on 6 Feb. 1797, and became inspector-general of the military department at Woolwich. Hayes died on 19 July 1809, aged 59, and was buried at St. James's, Piccadilly. He married, on 1 May 1787, Anne, eldest daughter of Henry White White, one of the council of New York. She died on 18 Jan. 1848, having had two sons and two daughters. Hayes's portrait by Medley was engraved by N. Branwhite.

HAYES, MICHAEL ANGELO (1820–1877), painter, born in 1820 at Waterford, was son of Edward Hayes, a clever painter of portraits and miniatures, who also possessed some skill as a landscape-painter. Hayes first exhibited at the Royal Hibernian Academy's exhibition in Dublin in 1840, sending ‘The Deserter.’ He quickly gained a reputation for military subjects and others, in which horses took a prominent part, such as ‘The Race for the Corinthian Cup at Punchestown,’ and ‘Charge of the 3rd Light Dragoons at Moodkee.’ Large ceremonial subjects, like ‘The Installation of the Prince of Wales as a Knight of St. Patrick in St. Patrick's Cathedral, Dublin,’ also occupied him. He obtained a prize from the Irish Art Union for a set of drawings illustrating the ballad of ‘Savourneen Deelish.’ Hayes was in 1854 elected a member of the Royal Hibernian Academy, and in March 1856 was appointed secretary. In spite of an unfortunate schism in the Academy, Hayes retained the secretaryship, and published a pamphlet (Dublin, 1857) defending his position. Hayes was elected an associate member of the New Society of Water-colours in London, and was a regular contributor to their exhibitions. He was much respected in Dublin, and served the office of marshal of the city. On 31 Dec. 1877 he was accidentally drowned by falling into a tank on the top of his house at 4 Salem Place, Dublin. A picture by him of ‘Sackville Street, Dublin, Twenty-five Years Ago’ was at the Irish Exhibition in London, 1888. Another picture, ‘Wayside Country,’ was engraved by the National Art Union.

HAYES, PHILIP (1738–1797), professor of music at Oxford, second son of Dr. William Hayes [q. v.], was born in April 1738. His natural taste for music was directed by his father, and he became a chorister at the Chapel Royal under Bernard Gates. He afterwards matriculated, on 3 May 1763, at Magdalen College, Oxford, where he took the degree of Mus.Bac. on 18 May of the same year. After acting for a short time (till 1765) as organist to Christ Church Cathedral, he became, on 30 Nov. 1767, gentleman of the Chapel Royal, and on 1 Jan. 1769 a member of the Royal Society of Musicians. Seven years later he succeeded Richard Church as organist of New College, Oxford; and in the next year, 1777, on his father's death, succeeded him as organist of Magdalen College, and professor of music to the university. On 6 Nov. of the same year he was created Mus.Doc. In 1790 he succeeded Thomas Norris, in whose favour he had been displaced at Christ Church in 1765, as organist to St. John's College. He died suddenly, on 19 March 1797, in London, whither he had come to preside at a festival performance in aid of the newly instituted Musical Fund, and was buried in St. Paul's. He enjoyed the reputation of possessing the largest person and the most unsociable temper in England. His portrait hangs in the Music School at Oxford.

His compositions include: ‘Six Concertos, with Accompaniments for Organ, Harpsichord, or Pianoforte, to which is added a Harpsichord Sonata,’ London, 1769; ‘Eight Anthems,’ Oxford, 1780; ‘Prophecy, an Oratorio,’ performed at a concert at Oxford commemoration in 1781; ‘Catches, Glees, and Canons for three, four, five, and six Voices,’ London, 1785; ‘An Ode performed in the Music School, Michaelmas Term, Cambridge, 1785, 4to;’ ‘Catches and Glees, the Muse's Tribute to Beauty,’ 1789; ‘Ode for St. Cecilia's Day;’ ‘Ode, Begin the Song!’ the words of which, by John Oldham, had been previously set by Dr. Blow in 1684; ‘Telemachus, a masque;’ accompaniments to ‘Fairest Isle,’ from Purcell's ‘King Arthur, and a number of separate anthems, songs, catches, and glees, including a setting of Shakespeare's ‘What shall he have that killed the deer,’ 1780.

He was the editor of ‘Harmonia Wiccamica,’ London, 1780—a collection of music sung at meetings of Wykehamists in London; of his father's ‘Cathedral Music in Score,’ Oxford, 1795; and of ‘Memoirs of Prince William Henry, Duke of Gloucester, from his birth, July 24th, 1689, to October 1697, from an original Tract, written by Jenkin Lewis, … and continued to the time of the Duke's Death, July 29th, 1700, from unquestionable authority, by the Editor,’ London, 1789 (Magdalen College Library).

Hayes presented a number of portraits and busts to the Oxford Music School. [Grove's Dict. of Music, i. 722; Gent. Mag. lxvii. 354; Appendix to Bemrose's Choir Chant


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H Book, p. xviii; Bloxam's Magdalen Coll. Reg. ii. 218; Records of Royal Soc. of Musicians; Cat. of Music in British Museum.]

HAYES, WILLIAM (1706–1777), professor of music at Oxford, was born at Hanbury in Worcestershire, late in 1706 (not at Hexham in 1707, as stated in the Appendix to Grove's ‘Dictionary’). While he was singing as chorister in Gloucester Cathedral, the beauty of his voice attracted the attention of Mrs. Viney, an enthusiastic patroness of music, who interested herself in him, taught him the harpsichord, and articled him, when his voice broke, to William Hine, organist of the cathedral. He was appointed organist to St. Mary's, Shrewsbury, on the expiration of his articles in 1729. In 1731 he became organist to the cathedral at Worcester, and in 1734 organist and master of the children at Magdalen College, Oxford. In the latter year he acted as steward at the meeting of the Three Choirs at Worcester.

At Oxford he took the degree of Mus.Bac., pro forma, on 8 July 1735, and not long afterwards was admitted a member of the Royal Society of Musicians. On 14 Jan. 1742 he was elected professor of music of the university, in succession to Richard Goodson the younger [q. v.]; and on the occasion of a performance, which he directed, at the opening of the Radcliffe Library, on 14 April 1749, he was created Mus.Doc. Some years later he became a member of the Catch Club, and in 1763 won three of the prizes then offered for the first time by the club with his canons ‘Alleluja!’ and ‘Miserere Nobis,’ and a glee, ‘Melting airs soft joys inspire.’ In 1754 he acted as deputy steward, and in 1763 as conductor, at the meeting of the Three Choirs at Gloucester.

He died at Oxford on 27 July 1777, and was buried in the churchyard of St. Peter-in-the-East. His portrait, by John Cornish, hangs in the Music School at Oxford. His widow, Anne Hayes, died 14 Jan. 1786. His second son Philip is separately noticed.

Hayes's compositions include a set of ‘English Ballads,’ published while he was at Shrewsbury; ‘Twelve Arietts or Ballads, and two Cantatas,’ Oxford, 1735; ‘Vocal and Instrumental Music, containing (1) The Overture and Songs in the Masque of Circe; (2) a Sonata or Trio, and Ballads, Airs and Cantatas; (3) an Ode, being part of an Exercise performed for a Batchelor's Degree in Music,’ London, 1742; ‘Catches, Glees, and Canons,’ London, 1757; a second set of ‘Catches, &c.,’ London, 1765; ‘Instrumental Accompaniments to the Old Hundredth Psalm for the Sons of the Clergy,’ London, 1770; ‘Sixteen Psalms from Merrick's Version,’ London, 1775; ‘Cathedral Music in Score,’ published by his son Philip, Oxford, 1795; ‘Six Cantatas,’ London [1740?]; ‘Collins's Ode on the Passions’ [1775?].

Hayes was especially successful in part-writing for the voice. His glee, ‘Melting Airs,’ and a round, ‘Wind, gentle Evergreen,’ were great favourites in their day, and Burney states that he considered his canon ‘Let's drink and let's sing together’ to be the ‘most pleasant’ composition he knew in that form.

Hayes was also the author of ‘Remarks on Mr. Avison's Essay on Musical Expression,’ published anonymously in London in 1753, and now rare. He considered Avison's essay to be an attack upon Handel, for whom he entertained a great admiration, and his ‘Remarks’ display a passionate anxiety to do justice to the great composer.

, the younger (1742–1790), his third son, born in 1742, was a chorister of Magdalen College, Oxford, for two years from 27 June 1749; matriculated at Magdalen Hall on 16 July 1757; graduated B.A. on 7 April 1761, and M.A. (from New College) on 15 Jan. 1764; and was successively appointed minor canon of Worcester Cathedral in 1765, minor canon of St. Paul's 14 Jan. 1766, and vicar of Tillingham, Essex, in 1783. The latter appointment he held till his death on 22 Oct. 1790. He published several sermons, and contributed a paper to the ‘Gentleman's Magazine’ in May 1765 on ‘Rules necessary to be observed by all Cathedral Singers in this Kingdom.’   HAYES, WILLIAM (fl. 1794), artist and ornithologist, published: 1. ‘A Natural History of British Birds, &c., with their Portraits accurately drawn and beautifully coloured,’ fol. 1775. Only a few birds are treated, and chiefly those of bright plumage. Three plates of rare Eastern pheasants are introduced, evidently owing to their glow of colour, and a few ducks, of which he probably obtained specimens from some pond where they were domesticated. Short Latin and longer English descriptions are appended. 2. ‘Portraits of Rare and Curious Birds, with their Descriptions, from the Menagery


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H of Osterly Park,’ 2 vols. 4to, 1794. Vol. i. is dedicated to Pennant, and vol. ii. to the Rev. G. H. Glasse. The colouring of these plates is usually better than the forms of the birds, but it is frequently too bright and crude. The book is of no scientific value, and contains forty-two plates, mostly of rare exotic species, which offer scope for brilliancy of treatment. There is a curious notice in it of bustards being ‘found frequently,’ even in 1794, on Salisbury Plain, sometimes in troops of fifty or more. The British Museum possesses a folio volume of twenty-nine plates of birds by Hayes, and others, published in 1773. It has neither title-page nor descriptions, and seems to have belonged to Sir J. Banks. It consists of different plates by Hayes bound together. The birds are of unequal merit, and are first etched, then hand-coloured.

Hayes was living in 1794 at Southall, Middlesex, and in 1799 the Rev. G. H. Glasse published ‘An Appeal to the Public’ on behalf of this ‘ingenious artist.’ He states that for some time Hayes had been in great distress, as his income scarcely ever exceeded 90l. per annum. This had proved altogether unequal to support twenty-one children, ten of whom were still living, and, with the exception of the eldest daughter, unable to support themselves, while the eldest son had been a cripple from infancy. Hayes himself was sorely afflicted by illness. The Literary Fund and the dean and chapter of Canterbury sent liberal subscriptions in response to the appeal. Some of Hayes's children helped him in his illustrations.

HAYGARTH, JOHN (1740–1827), physician, born at Garsdale, Yorkshire, in 1740, was educated at Sedbergh School and at St. John's College, Cambridge, where he graduated M.B. in 1766. He practised as a physician at Chester, and was physician to the Chester Infirmary from 1767 to 1798. He then removed to Bath, where he practised for many years, and died on 10 June 1827. He was a fellow of the Royal Societies of London and Edinburgh. A portrait is in the ‘Gentleman's Magazine’ for June 1827.

Haygarth first conceived and carried out the plan now universally adopted of treating fever patients in separate wards or hospitals. He long studied the laws of febrile contagion. In 1774 a census of Chester was carried out under his direction, in which he propounded seven questions about the onset and spread of two fevers which had prevailed that year. In a paper entitled ‘Observations on the Population and Diseases of Chester in 1774,’ printed in the ‘Philosophical Transactions’ for 1778, Haygarth suggested the removal of poor persons seized with fever to separate fever wards, spacious and airy. In subsequent years he obtained much accurate information about the spread of small-pox, and in 1784 published ‘An Inquiry how to prevent the Small-pox,’ and in 1793 ‘A Sketch of a Plan to Exterminate the Casual Small-pox, and to introduce General Inoculation,’ in two volumes. Except in their notices of methods applicable to all fevers, these books were superseded in a few years by Jenner's discovery of vaccination. In 1783 Haygarth's plan of separate fever wards was adopted during an epidemic in Chester, whose progress was thus checked, and he was instrumental in introducing his system into other towns. His ‘Letter to Dr. Percival on the Prevention of Infectious Fevers,’ read to the Bath Literary and Philosophical Society, and published at Bath in 1801, is a model scientific treatise, and embodies those principles of isolation, ventilation, and cleanliness which can never go out of date. He was one of the first to distinguish the different kinds of fevers by their periods of incubation. He was the first to insist on isolated school-hospitals; his rules for fever wards and for preventing the spread of infection in private houses were most valuable. His merits were fully recognised by Dr. Lettsom [q. v.] in his ‘Hints designed to promote Beneficence, Temperance, and Medical Science.’ In 1800 he published a tract ‘On the Imagination as a Cause and as a Cure of Disorders of the Body’ (Bath, 8vo), in which he detailed experiments showing that wooden imitations of Perkins's metallic tractors had worked more miracles than those vaunted appliances, and discussed epidemic convulsive disorders. He also wrote two valuable memoirs entitled ‘A Clinical History of Diseases, Part i. of the Acute Rheumatism, and of the Nodosity of the Joints (Rheumatoid Arthritis),’ 1805–12, and ‘Synopsis Pharmacopœiæ Londinensis,’ 1810, besides several papers in the ‘Philosophical Transactions’ and other scientific journals. His ‘Two Letters to John Howard on Lazarettos’ are published in Howard's works, vol. i. 1792. In a ‘Letter to Bishop Porteus,’ 1812, he described the state of the free schools in the north of England; and his plan of self-supporting savings banks, which was adopted in Bath in 1813, is the subject of his ‘Explanation of the Principles and Proceedings of the Provident Institution at Bath for Savings,’ Bath, 1816.


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 HAYLEY, ROBERT (d. 1770?), painter, born in Ireland, studied at Dublin under Robert West. He is chiefly noted for a peculiar method of drawing in black and white chalk, successfully imitating mezzotint. Many of his drawings were in the collections of the Earls of Moira and Mornington. Hayley died in Dublin about 1770.

HAYLEY, THOMAS ALPHONSO (1780–1800), sculptor, natural son of the poet [q. v.], was born 5 Oct. 1780, and showed in 1794 signs of a love for sculpture. He was encouraged to learn drawing by Joseph Wright of Derby, and having attracted the attention of Romney the painter, and of Flaxman [q. v.], was in 1795 articled to the latter as a resident pupil for three years. He was treated with the greatest affection by both artists, and appears to have shown much promise, even experimenting in oil-painting. In 1798, however, he showed symptoms of ill-health, arising from curvature of the spine, and was compelled to return to his father's cottage at Felpham in Sussex, where, after two years of suffering, he died on 2 May 1800. Hayley modelled busts of Flaxman, Lord Thurlow, and James Stanier Clarke. A medallion by him of Romney was engraved by Caroline Watson for his father's ‘Life of Romney.’ In his father's ‘Essays on Sculpture’ (1800), there are a portrait of young Hayley from a medallion by Flaxman, and a drawing by him of the ‘Death of Demosthenes,’ both engraved by (1757–1827) [q. v.] His father wrote many sonnets to his memory.

HAYLEY, WILLIAM (1745–1820), poet, second son of Thomas Hayley and Mary Yates, was born at Chichester on 29 Oct. 1745, and was sent to Eton in 1757. In 1763 he entered Trinity Hall, Cambridge, where he composed an ‘Ode on the Birth of the Prince of Wales,’ published in the Cambridge Collection, and reprinted in the ‘Gentleman's Magazine’ for January 1763, p. 39. At Cambridge he studied Spanish under Isola, and composed several poems, many of which are printed in his memoirs. In 1766 he was admitted to the Middle Temple, but did not leave Cambridge until the following year, when he left without taking a degree, and resided with his mother in London. A tour in Scotland which he made in 1767 produced several poems, some of them addressed to Frances Page, with whom he had fallen in love in 1763. The engagement was afterwards broken off, and Hayley married Eliza, daughter of Dean Ball, who was one of his guardians, in 1769. Soon after his marriage Hayley composed a tragedy, ‘The Afflicted Father,’ which was rejected by Garrick, and in 1771 he translated Corneille's ‘Rodogune,’ which he re-named ‘The Syrian Queen,’ and which was similarly rejected by Colman. During a visit to Bristol and the west of England he met William Pitt, the future statesman, at Lyme Regis, and in 1774 settled at Eartham, Sussex. In 1775 he addressed a ‘Poetical Epistle on Marriage’ to his friend Thornton, and an ‘Ode to Cheerfulness’ to Mrs. Clyfford, and in 1777 a long poetical epistle to Dr. Long. In 1777 also commenced his friendship with Romney, to whom he addressed his ‘Epistle on Painting.’ He addressed an ‘Epistle on History’ to Gibbon (1780), a long ‘Poetical Epistle’ to Admiral Keppel (1779), an ode to Howard the philanthropist (1780), and an ‘Elegy on the Ancient Greek Model’ to the Bishop of London (1779). Hayley's married life had not been fortunate, but his illegitimate child, [q. v.], who was born on 5 Oct. 1780, was adopted by his wife, and treated as her own son. In 1781 Hayley published his most successful poem, ‘The Triumphs of Temper’ (London, 4to), which ran through twelve or fourteen editions, and, together with his ‘Triumphs of Music’ (Chichester, 1804), was ridiculed by Byron in ‘English Bards and Scotch Reviewers.’ In 1782 he published ‘Poetical Epistles on Epic Poetry’ addressed to Mason, and in 1785 the ‘Essay on Old Maids’ (London, 3 vols.), one of his few still readable works. In 1786 his wife's mind became affected, and a separation was arranged in 1789. Next year Hayley visited Paris, and wrote a French comedy, ‘Les préjugés abolis,’ which was never acted. In 1792 his employment on the ‘Life of Milton’ brought him into contact with Cowper, and a warm friendship sprang up between them, and soon afterwards he was introduced to William Blake by Flaxman, under whom his son was studying. The ‘Life of Milton’ was published in 1794, prefixed to Boydell and Nicols's edition of Milton's works, and a separate and enlarged edition in 1796. About this time Hayley assisted in procuring from Pitt a pension for his friend Cowper. In 1805 he published ‘Ballads founded on Anecdotes of Animals’ (Chichester, 12mo), interesting on account of the illustrations by Blake, for whose benefit the work was produced. Hayley was now engaged on a ‘Life of Cowper,’ who died in 1800, within a week of his son, and published it in 1803 [see under, 1731–1800.]

Hayley's wife had died in 1800, and in


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 1809 he married Mary Welford, from whom he separated three years later. His ‘Life of Romney’ was published at Chichester in 1809, but was coldly received, and severely attacked by John Romney in his ‘Memoirs of Romney,’ 1830. During his later years he withdrew to Felpham, near Eartham, where he lived in great seclusion, though he was visited by many distinguished friends. From 1812 till his death he was paid an annuity as the price of his memoirs, which he undertook to leave in a condition fit to be printed at his death. He died at Felpham on 12 Nov. 1820. Dr. J. Johnson, editor of the ‘Memoirs’ (1823), describes Hayley as cheerful and sympathetic, and possessed of great conversational ability. His friend Southey wrote: ‘Everything about that man is good except his poetry.’ But his verse was popularly successful, and on the death of Warton he was offered and declined the laureateship. Gifford long delayed inserting in the ‘Quarterly’ an article by Southey on Hayley, on the ground that he (Gifford) ‘could not bear to see Hayley spoken of with decent respect.’

His other works are: Hayley wrote also much verse and prose for various collections; some unpublished pieces are given in his ‘Memoirs,’ and others remained in manuscript.
 * 1) ‘Epistle to a Friend on the Death of John Thornton,’ 1780.
 * 2) ‘Plays of three Acts and in Verse, written for a Private Theatre,’ London, 1784.
 * 3) ‘Poetical Works of W. Hayley,’ Dublin, 3 vols. 1785.
 * 4) ‘The Happy Prescription, or the Lady relieved from her Lovers,’ 1785.
 * 5) ‘The Two Connoisseurs: a Comedy,’ 1785, 8vo.
 * 6) ‘Occasional Stanzas, written at the request of the Revolution Society,’ &c., 1788.
 * 7) ‘The Young Widow, or a History of Cornelia Sudley,’ 1789.
 * 8) ‘An Elegy on the Death of Sir W. Jones,’ 1795.
 * 9) ‘An Essay on Sculpture, in a series of Poetical Epistles to John Flaxman,’ 1800.
 * 10) ‘Three Plays with a Preface,’ Chichester, 1811, 8vo.

HAYLS or HALES, JOHN (d. 1679), portrait-painter, was a contemporary and rival in portrait-painting of Sir Peter Lely and in miniature-painting of [q. v.] Vertue (Brit. Mus. Addit. MS. 23069) records that ‘Samuel Cooper, limner, tryd at oylpainting; Mr. Hayles seeing that, turned to limning, and told Cooper that if he quitted limning, he would imploy himself that way; for which reason Cooper kept to limning.’ Hayls had considerable merit as a portrait-painter. Pepys records in his diary for 15 Feb. 1665–6: ‘Mr. Hales begun my wife's portrait in the posture we saw one of my Lady Peters, like a St. Katharine.’ Pepys was so pleased with this picture, for which he paid 14l., that he sat to Hayls himself, and also induced his father, Thomas Pepys, to sit. Pepys's own portrait, in an Indian gown with a scroll of music, is now in the National Portrait Gallery. Pepys also says that Hayls painted the actor Joseph Harris as Henry V. At Woburn Abbey there are portraits of Colonel John Russell and of Lady Diana Russell by Hayls. His portrait of Thomas Flatman the poet has been engraved. He is stated to have been a skilful copyist of Vandyck. Hayls lived for some years in Southampton Street, Bloomsbury, but subsequently moved to a house in Long Acre, where he died suddenly in 1679. A limning of Hayls by J. Hoskins was in Colonel Seymour's collection, a drawing from which by Vertue is now in the print room at the British Museum.

HAYMAN, FRANCIS (1708–1776), painter, born at Exeter in 1708 of a respectable family, received his first education in art under Robert Brown, a portrait-painter of Exeter. Coming to London when young, he worked with success as scene-painter for Fleetwood, the proprietor of Drury Lane Theatre, and gained a general acquaintance with the theatrical world. He also obtained reputation as a designer by his illustrations to Sir Thomas Hanmer's edition of Shakespeare's plays, published in 1744–6. These were engraved by [q. v.], between whose style and Hayman's there was some resemblance. Hayman also designed illustrations for Congreve's poems; for Smollett's edition of ‘Don Quixote’ (the original drawings for which are in the print room at the British Museum); for Bishop Newton's edition of Milton's poems, published in 1749–52; for E. Moore's ‘Fables for the Female Sex,’ 1744; and for the ‘Spectator,’ 1747. In 1751–1752 Hayman was employed, with [q. v.], by Messrs. Knapton & Dodsley to execute the first series of historical prints designed by Englishmen. Hayman's works were ‘Caractacus,’ ‘The Conversion of the Britons to Christianity,’ and ‘The Battle of Hastings;’ they were engraved by [q. v.], S. F. Ravenet, and others, and a set of smaller engravings was inserted in Smollett's ‘History of England.’ Hayman is best known for the series of pictures which


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H he painted for Jonathan Tyers to ornament the alcoves at Vauxhall. They depict scenes from contemporary life and fashion, and the numerous engravings from them form a valuable record of the habits and costumes of the time. Hogarth shared in this work, and Hayman's paintings seem to have been frequently mistaken for Hogarth's, which they approach in excellence (for a list of the pictures at Vauxhall see, Life and Time of Sir Joshua Reynolds, i. 327–31). Good instances of Hayman's work in this line are the two well-known pictures of the game of cricket in the possession of the Marylebone Cricket Club. Hayman was regarded as the first historical painter of the time, but was also well known as a painter of portraits, frequently in groups and conversation pieces, or introduced into landscapes and interiors with pleasing effects. A good example is the picture of himself in his studio painting a portrait of Sir Robert Walpole, which is now in the National Portrait Gallery. Some of his portraits have been engraved, including John, lord Perceval, by J. Faber, jun., and Dr. Barrowby, by J. S. Müller. Hayman, noted for his straightforwardness, rough manners, and convivial disposition, was the boon companion of Hogarth, Garrick (with whom he often corresponded), Quin, Woodward, and others. He was a member of Slaughter's, the Beefsteak, and other clubs, and painted many portraits of his friends. When Gainsborough left Gravelot's studio, he studied for some time under Hayman, who is accused of leading him into convivial habits rather than teaching him art; Hayman, however, was too thorough an artist for Gainsborough not to have acquired some permanent benefit from his instruction.

In the history of English art Hayman occupies an important place as one of the founders of the Royal Academy. In 1745 Hayman, following an example set by Hogarth, presented to the Foundling Hospital ‘Moses striking the Rock.’ On 31 Dec. 1746 he and the other artists who had made similar gifts were elected governors of the hospital, and instituted an annual dinner on the anniversary of the landing of William III to celebrate the union of liberty and the arts. These meetings drew public attention to this first collection of British works of art. Under the chairmanship of Hayman a committee carried out a design for a public exhibition of the works of living British artists, which took place in 1760 in the great room of the Society of Arts in the Strand. To this exhibition Hayman contributed a picture of Garrick in the character of Richard III. In 1761 the artists split into two bodies. Hayman seceded with the best-known artists, who formed the Society of Artists of Great Britain, holding an exhibition in Spring Gardens, to which Hayman sent a picture of ‘Sir John Falstaff raising Recruits.’ That society was in 1765 incorporated by charter, with G. Lambert [q. v.] as president and Hayman as vice-president. In 1766 Hayman succeeded Lambert as president. In 1768 further dissensions arose, and Hayman was replaced as president by Kirby. A fresh secession on the part of Hayman and his friends took place, which resulted in the constitution by royal charter on 10 Dec. 1768 of the Royal Academy of Arts of London. Hayman was one of the original forty academicians, and contributed two scenes from ‘Don Quixote’ to their first exhibition in 1769. He was elected one of the visitors, and from 1771 till his death held the office of librarian. He exhibited for the last time in 1772. Hayman suffered greatly from the gout, and died at his residence in Dean Street, Soho, on 2 Feb. 1776. He married the widow of his old friend and patron, Fleetwood, and left one daughter. Besides the picture in the National Portrait Gallery, Hayman's portrait was drawn by P. Falconet [q. v.] and engraved by B. Reading. Another drawing of himself was engraved by C. Grignion, and he is prominent in Zoffany's picture of the royal academicians. He etched a few plates. His ‘The Five Senses,’ a set of ladies' portraits, was engraved by Houston, and two pictures, ‘The Bad Man’ and ‘The Good Man at the Hour of Death,’ by T. Chambars.

HAYMAN, ROBERT (d. 1631?), epigrammatist, of Devonshire, was perhaps a kinsman of Nicholas Hayman, M.P. for Totnes 1586–7 and for Dartmouth 1593. On 15 Oct. 1590, aged 11, he matriculated at Exeter College, Oxford, but soon left to study municipal law at Lincoln's Inn; he proceeded B.A. 8 July 1596, when, he says, he was going abroad (Oxf. Univ. Reg.) His poetical talents brought him reputation. On 21 May 1604 he married, at St. Petrock's, Exeter, Grace, daughter of Thomas Spicer. Between 1620 and 1627 he was appointed ‘governor of the plantation of Harbor-Grace in Bristol-hope in Britaniola, anciently called Newfoundland.’ An appeal made by him before Aug. 1628 for royal support is in Brit. Mus. MS. Egerton 2541. On 17 Nov. 1628 he made his will in England, and gave directions to be buried in the


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 dined with him; and I soon perceived that my good nature in this instance was likely to lead me much farther. They began to feel their way, and to talk to me of the Abbé Monti, and of his tragedy of "Aristodemus," which is shortly to be brought out on the stage. The author, it was said, wished, above all things, to read it to me, and to hear my opinion of it, I contrived, however, to let the matter drop without positively refusing: at last, however, I met the poet and some of his friends at the prince's house, and the play was read aloud.

The hero is, as is well known, the King of Sparta, who, by various scruples of conscience, was driven to commit suicide. Prettily enough, they contrived to intimate to me their hope that the author of "Werther" would not take it ill if he found some of the rare passages of his own work made use of in this drama. And so, even before the walls of Sparta, I cannot escape from this unhappy youth.

The piece has a very simple and calm movement. The sentiments, as well as the language, are well suited to the subject,—full of energy, and yet of tenderness. The work is a proof of very fair talents.

I failed not, according to my fashion (not, indeed, after the Italian fashion), to point out, and to dwell upon, all the excellencies and merits of the play, with which, indeed, all present were tolerably satisfied, though still with Southern impatience they seemed to require something more. I even ventured to predict what effect it was to be hoped the play would have from the public. In excuse I pleaded my ignorance of the country, its way of thinking and tastes; but was candid enough to add, that I did not clearly see how, with their vitiated taste, the Romans, who were accustomed to see as an interlude either a complete comedy of three acts or an opera of two, or could not sit out a grand opera without the intermezzo of wholly foreign ballets, could


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H country where he should die. He was then setting out to settle a plantation in Guiana. On 24 Jan. 1632 there was issued out of the Prerogative Court of Canterbury to one of Hayman's creditors a commission ‘to administer the goods, debts, chattels, &c. of the said Robert Hayman lately deceased. So I suppose he died beyond the seas that year, aged 49 or thereabouts’ (, Athenæ, ii. 545–6). His works are: 1. ‘Quodlibets lately come over from New Britaniola, anciently called Newfoundland, Epigrams, and other small parcels, both moral and divine,’ in four books. 2. ‘Several sententious Epigrams and witty Sayings out of sundry Authors both Ancient and Modern (especially many of the Epigrams of John Owen).’ 3. ‘The Two railing Epistles of the witty Doctor Francis Rablais,’ translated from the French. These three works were published in one volume, London, 1628, 8vo.

 HAYMAN, SAMUEL (1818–1886), antiquarian writer, eldest son of Matthew Hayman of South Abbey, Youghal, co. Cork, by Helen, third daughter of Arundel Hill of Doneraile in the same county, was born at Youghal on 27 July 1818. Having there received his early education from the Rev. Thomas Nolan, and subsequently at Clonmel from the Rev. Robert Bell, D.D., he entered Trinity College, Dublin, on 18 Oct. 1835, and graduated B.A. in 1839. From 1841 to 1847 he was curate of Glanworth, from 1847 to 1849 of Glanmire, and from 1849 to 1863 of Youghal, his native parish. He was collated in 1863 to the rectory of Ardnageehy, and in 1867 to that of Doneraile, where he remained until 1872, when, under the new arrangements of the church of Ireland, he was elected to the rectory of Carrigaline, with the chapelry of Douglas annexed. In 1875 Douglas was constituted a separate benefice, and he took charge of it. During his incumbency he effected great improvements in the parish, including the restoration of the dilapidated church. Hayman was also a canon of Cork. On 26 Sept. 1854 he married, at St. Anne's, Belfast, Emily, daughter of the Rev. Mark Cassidy, chancellor of Kilfenora, co. Clare, and perpetual curate of Newtownards, co. Down, by whom he had an only child. He died at Douglas rectory on 15 Dec. 1886, and was buried in the adjacent churchyard. Hayman contributed articles, in prose and verse, to the ‘Dublin University Magazine,’ the ‘Christian Examiner,’ the ‘Church of England Magazine,’ the ‘Gentleman's Magazine,’ the ‘Journal of the Royal Historical and Archæological Association of Ireland,’ the ‘Topographer and Genealogist,’ and the ‘Patrician,’ the fifth volume of this last-named publication being inscribed by its editor, Sir Bernard Burke, ‘to the Rev. Samuel Hayman, one of the ablest contributors, and a constant coadjutor in the author's genealogical works.’ Besides several separate sermons and lectures, he was author of the following: 1. ‘Annals of Youghal,’ 1848. 2. ‘Account of the Present State of Youghal Church, including Memorials of the Boyles, the College, and Sir Walter Raleigh's House,’ &c., 1850. 3. ‘Annals of Youghal,’ 2nd ser. 1851. 4. ‘Handbook for Youghal, with Annals of the Town,’ 3rd ser. 1852. 5. ‘Notes and Records of the Ancient Religious Foundations at Youghal and its Vicinity,’ 1854; new editions 1855 and 1859. 6. ‘New Handbook for Youghal, with Annals of the Town,’ 4th ser. 1858. 7. ‘Guide to Youghal, Ardmore, and the Blackwater, with Map and Illustrations,’ 1860. 8. ‘Sketch of the Blackwater from Youghal to Fermoy,’ 1860. 9. ‘Illustrated Guide to St. Mary's Collegiate Church and the other Ancient Religious Foundations at Youghal,’ 1861. 10. ‘Illustrated Guide to the Blackwater and Ardmore,’ 1861. 11. ‘Memorials of the Ancient Religious Foundations at Youghal and its Vicinity,’ 1863. 12. ‘Guide to St. Mary's Collegiate Church, Youghal,’ 1865; new edit. 1869. 13. ‘About Footsteps, in twelve chapters,’ 1869. 14. ‘Looking Upward, a Country Pastor's Reveries,’ 1871. 15. ‘Papers from a Parsonage,’ 1872. 16. ‘Passages from a Commonplace Book,’ 1873. 17. ‘Criteria; or the Divine Examen,’ 1873. 18. ‘Ministrations; or Feeding the Flock of God,’ 1875. He likewise edited ‘Unpublished Geraldine Documents’ (which he contributed to the ‘Journal of the Royal Historical and Archæological Association of Ireland’), four parts, 1870–81.

 HAYMO or HAIMO (d. 1054), archdeacon of Canterbury, is alleged to have left England during the invasion by the Danes, and, going to France, to have become a monk at St. Denys, and eventually doctor of divinity and professor at Paris. The latter statement is without foundation. He afterwards returned to England, became archdeacon of Canterbury, and died 2 Oct. 1054. Haymo of Canterbury is frequently confused with his namesake the bishop of Halberstadt. Tanner


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The American Cyclopædia (1879)/Arianism

ARIANISM, a theological system in the early Christian Church, named after Arius, a presbyter at Alexandria. In opposition to his bishop Alexander, Arius asserted that there was a time when the Son was not coequal, since the Father who begot must be before the Son who was begotten, and the latter therefore could not be eternal. As many prominent bishops sided with Arius, synods were called on both sides, and the most acute intellects of the church discussed the question. The general council of Nice (325), attended by 300 bishops, condemned Arius and declared the Son to be consubstantial with the Father; but Arius nevertheless gained the favor of Constantine and won many new adherents. After his death (336) the movement spread more rapidly than before. When Constantine died in 337, the empire was divided among his three sons, two of whom, Constantine and Constans in the West, accepted the Nicene creed, while Constantius in the East was a decided favorer of Arianism. An anti-Nicene council at Antioch (341), consisting of 90 bishops, issued decrees on the ground of which Athanasius, who in 338 had returned from exile to his diocese, was again deposed. In the West, on the contrary, a synod at Rome in 343 declared Athanasius innocent of the charges preferred against him and the authors of his exile heretics. In order to put an end to this conflict, Constantius and Constans (Constantine had died in 340) convoked the general synod of Sardica in Lower Mœsia in 343 or 344 (not, as has heretofore been generally assumed, in 347). The Arians, having a minority of the 176 bishops present, held a council of their own, at first in the imperial palace in Sardica, and subsequently at Philippopolis. Each party anathematized the other; but the Nicæans triumphed. Constantius so far yielded to the remonstrances of Constans as to allow the return of Athanasius (349); but when he became soon after sole ruler of the empire, his influence at the synods of Arles (353) and Milan (355) secured the condemnation of Athanasius and the adoption of Arian decrees. Pope Liberius and several bishops, among them Athanasius, were banished, and Arianism was completely successful. The sect now became divided into

strict and moderate Arians. Eusebius of Cæsarea declared the Son to be homoiousios or similar in substance to the Father, and his followers were called Homoiousians or Semi-Arians. In opposition to him, Eusebius of Nicomedia showed himself an uncompromising Arian. When the emperor attempted to enforce the Arian resolutions of Milan in the place of those of Nice, the strict Arians, under the leadership of Aëtius, deacon at Antioch, and Eunomius, bishop of Cyzicus in Mysia, attacked the Semi-Arians as well as the Nicene doctrine as illogical, and developed in opposition to it a strict subordinationism. The reputation of Eunomius in his party was so great, that their original name of Aëtians gradually gave way to that of Eunomians. They were also called Anomœans, Heterousiasts, and Exoucontians, as they maintained that the Son was dissimilar to God (ἀνόμοιος), of different essence (ἑτέρας οὐσίας), and created out of nothing (ἔξ οὐκ ὄντων). Several synods were held for the purpose of healing these divisions. At the second great synod of Sirmium (357) a confession of faith was adopted, to which not only the strict Arians, but even the Nicene bishops, including their leader Osius of Corduba, subscribed. But the confusion became greater than ever. An Arian synod at Antioch (358) condemned, while a Semi- Arian synod at Ancyra (358) approved the expression homoiousios. At the third synod of Sirmium (359) Pope Liberius subscribed to a Semi-Arian declaration in order to obtain permission to return from Constantinople to Rome. The Semi-Arians seemed to be in the ascendancy; the emperor is said to have exiled no fewer than 70 strict Arians, and Bishop Marcus of Arethusa was instructed to draw up a new confession of faith, the fourth Sirmian formula, which avoided the word ousias and affirmed that the Son was similar in everything to the Father. In order to reunite the whole church on this platform, Constantius wished to call an œcumenical council; but the influence of the Arians caused the convocation of two synods, an eastern one at Seleucia, and a western at Rimini. At the former there were present 105 Semi-Arians, 40 strict Arians, and 10 Nicæans; at Rimini the Nicæans had a majority. Both synods condemned the strict Arians, who however succeeded in regaining the favor of the emperor. Threats induced nearly all the bishops of both synods to subscribe to a strict Arian creed, although the most offensive party expressions were studiously avoided, and even a few of the uncompromising leaders of the party, as Aëtius, sent into exile. Thus Arianism was looked upon as the official creed of the majority of Christian bishops. But its ascendancy was of short duration. On the death of Constantius (361) and the accession of Julian the Apostate, the bishops of all parties were allowed to return to their sees, and soon the Nicene party reëstablished themselves in Egypt under Athanasius, and in Gaul, Spain,

and Greece. Pope Liberius ratified the anti-Arian resolutions passed in 362 by the synod held in Alexandria, and soon the Nicene creed was predominant throughout the western countries. In the East, Arianism found a zealous supporter in the emperor Valens (364-378), and the violent measures which were adopted against both the Nicæans and the Semi-Arians induced a portion of the latter (366) to submit to the Nicene creed. With the death of Valens (378) Arianism began to decline. The emperor Gratian issued an edict of toleration (378), which allowed the exiled bishops to return and greatly strengthened the Nicene party. In 379 Gratian shared the empire with Theodosius, who the next year issued an edict threatening all heretics with the heaviest penalties, and as soon as he arrived in Constantinople took from the Arians all their churches. In 381 he convened the second œcumenical council at Constantinople, which anathematized the Arians. In another synod held at Constantinople in 383, Eunomius presented his confession of faith, which is still extant. As the Arian leaders refused to submit, still more rigorous decrees were issued, to which they appear to have soon succumbed, for the last trace of them in the eastern empire ceased under the reign of Arcadius, the son of Theodosius. In Italy the empress Justina, while regent for her minor son Valentinian II., favored the Arians; but Ambrose, the great bishop of Milan, successfully thwarted her plans, and at the synod of Aquileia (September, 381) caused the Arians to be anathematized and deposed. Moreover, the reign of Justina was too short to be of real service to the dying sect.—Crushed out in the Roman empire, Arianism for several centuries remained the religion of the Germanic tribes. The Ostrogoths professed Arianism, but without persecuting the Catholic church, until their power was lost in 553. The Visigoths were more intolerant, but in 589, by order of their king Reccared, they joined the Catholic church at the council of Toledo. The Arian Vandals, after conquering Africa under Genseric (429), began a most cruel persecution of the Catholics, which did not cease until the destruction of their empire by Belisarius (534). The Suevi in Spain adopted the Arian form of Christianity toward the middle of the 5th century; about 558 they joined the Roman communion. The Burgundians, who had come to Gaul as pagans (407), appear in 450 as Arians. The Catholic church became predominant among them under King Sigismund (517), whom Bishop Avitus of Vienne had won over to the orthodox creed. The last refuge of Arianism was with the Lombards, who entered Italy as Arians in 568. The Catholic church gained a footing among them through the wife of King Autharis, the Bavarian princess Theodelinda; and under her second husband Agilulph and her son Adelwald the Catholics obtained possession of most of the churches. A reaction

followed when an Arian ascended the throne; but he was unable to suppress Catholicism, and for a time every important town had a Catholic and an Arian bishop. Under Liutprand (died 744) Arianism as a sect became extinct. As a theological opinion, however, it often reappeared, and after the reformation of the 16th century was regarded by more than one religious denomination as the true doctrine of the person of Christ. In the church of England Arian views found learned champions in Professor Whiston and Dr. Samuel Clarke.—The works of the Arian writers are mostly lost; we still possess, however, the writings of Eusebius of Cæsarea, who ranks among the ablest defenders of the ancient system, and fragments of the church history of Philostorgius. Histories of Arianism have been written by Maimbourg (Histoire de l'Arianisme, Paris, 1682) and J. A. Stark (Versuch einer Geschichte des Arianismus, Berlin, 1783); but the best source of information on the controversial aspect of the question is Baur's Geschichte der christlichen Dreieinigkeit (Tübingen, 1841-'3); while the history of the sect is nowhere treated of so fully as in Hefele'e Conciliengeschichte (vols. i. and ii., Tübingen, 1855). See also Revillout, De l'Arianisme des peuples germaniques (Paris, 1850).

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Rh ever take delight in the calm, noble movement of a regular tragedy. Then, again, the subject of a suicide seemed to me to be altogether out of the pale of an Italian's ideas. That they stabbed men to death, I knew by daily report of such events; but that any one should deprive himself of his own precious existence, or even hold it possible for another to do so,—of that no trace or symptom had ever been brought under my notice.

I then allowed myself to be circumstantially enlightened as to all that might be urged in answer to my objections, and readily yielded to their plausible arguments. I also assured them I wished for nothing so much as to see the play acted, and with a band of friends to welcome it with the most downright and loudest applause. This assurance was received in the most friendly manner, and I had this time at least no cause to be dissatisfied with my compliance; for indeed Prince Lichtenstein is politeness itself, and found opportunity for my seeing in his company many precious works of art, a sight of which is not easily obtained without special permission, and for which, consequently, high influence is indispensable. On the other hand, my good humour failed me when the daughter of the Pretender expressed a wish to see the foreign marmoset. I declined the honour, and once more completely shrouded myself beneath my disguise.

But still that is not altogether the right way; and I here feel most vividly what I have often before observed in life, that the man who strives after that which is good must be as much on the alert and as active with regard to others as the selfish, the mean, and the wicked. It is easy to see this, but it is extremely difficult to act in the spirit of it.

24, 1786.

Of the people I can say nothing more than that they are fine children of nature, who, amidst pomp and


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6 and used within the Counties of this Realm, and taken before Sheriffs for the time being, in their Counties severally, Under-Sheriffs, their Clerks, Bailiffs,- and Ministers, at their Tourns or Law-Days, holden before them severally in the Counties, which Indictments and Presentments be oftentimes affirmed by Jurors having no Conscience, nor any Freehold, and little Goods, and often by the said Sheriffs menial Servants and ailiffs, and their Under-Sheriffs, by which Indictments and Presentments the said lawful liege People be attached and arrested by their Bodies, mi put in Prison by the said Sheriffs, Under-Sheriffs, their Clerks, Bailiffs, and Ministers, to the great Loss of their Goods ; and they so being in Prison by the said Sheriffs, Under-Sheriffs, their Clerks, Bailiffs, and their Ministers, are constrained to make grievous Fines and Ransoms, and levy of them great Fines and Amerciaments for the said Indictments and Presentments, in great Hindrance and utter Undoing of the said liege People ; (2) after which Fines, Ransoms, and Amerciaments so rated and levied by the said Sheriffs, Under-Sheriffs, Clerks, Bailiffs, and their Ministers, the People aforesaid be inlarged out of Prison, and the said Indictments and Presentments be imbezilled and withdrawn"(3) Our said Lord the King considering the Premisses, by the Advice and Assent of the Lords Spiritual and Temporal, and at the Request of the Commons in this present Parliament assembled, and by Authority of the same, hath ordained and etablished, That all Manner Indictments and Presentments that shall be taken hereafter before any of his said Sheriffs of his Counties for the time being, their Under-Sheriffs, Clerks, Bailiffs, or Ministers, at their Tourns or Law-Days before mentioned, they nor any of them shall have Power or Authority to attach, arrest, or put in Prison, or to levy any Fines or Amerciaments of any Person or Persons so indicted or presented, by reason or colour of any such Indictment or Presentment taken or to be taken before them or any of them, nor to make or take of any such Person or Persons so indicted or presented, any Fine or Ransom ; (4) but that the said Sheriffs, and their Under-Sheriffs, Clerks, or Bailiffs, and their Ministers, shall bring, present, and deliver all such Indictments and resentments taken before them, or any of them, in their Tourns or Law-Days aforesaid, to the Justices of Peace, at their next Sessions of the Peace that shall be holden in the County or Counties where such Indictments or Presentments shall be taken, before the said Justices of such County or Counties for the time being : (5) And if any of the said Sheriffs, Under-Sheriffs, Clerks, Bailiffs, and their Ministers, do not bring, deliver, and present all such Indictments or Presentments so taken before them and every of them in their Tourns, or Law-Days, as before is recited, at such Sessions of the Peace, before the said Justices of Peace, that then all such Sheriffs, Under-Sheriffs, Clerks, Bailiffs, and their Ministers, and every of them that so shall fail in bringing, delivering, and presenting of such Indictments or Presentments, shall forfeit to the King Forty Pounds at every Time that they or any of them doth the contrary : (6) And that the said Justices of Peace shall have Power and Authority to award Process upon all such Indictments and Presentments, as the Law doth require, and deliver in like Form, as if the said Indictments and Present


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244 of all kinds, religion, and the arts, are not one jot different from what they would be in caves and forests. What strikes the stranger most, and what to-day is making the whole city talk, but only talk, is the common occurrence of assassination. To-day the victim has been an excellent artist—Schwendemann, a Swiss, a medallionist. The particulars of his death greatly resemble those of Windischmann's. The assassin with whom he was struggling gave him twenty stabs; and, as the watch came up, the villain stabbed himself. This is not generally the fashion here: the murderer usually makes for the nearest church; and once there, he is quite safe.

And now, in order to shade my picture a little, I might bring into it crimes and disorders, earthquakes and inundations of all kinds, but for an eruption of Vesuvius which has just broken out, and has set almost all the visitors here in motion; and one must, indeed, possess a rare amount of self-control, not to be carried away by the crowd. Really this phenomenon of nature has in it something of a resemblance to the rattlesnake, for its attraction is irresistible. At this moment it almost seems as if all the treasures of art in Rome were annihilated: every stranger, without exception, has broken off the current of his contemplations, and is hurrying to Naples. I, however, shall stay, in the hope that the mountain will have a little eruption expressly for my amusement.

, Dec. 1, 1786.

Moritz is here, who has made himself famous by his "Anthony, the Traveller " (Anton Reiser), and his "Wanderings in England" (Wanderungen nach England). He is a right-down excellent man, and we have been greatly pleased with him.


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252

evening prior to that morning in which the above conversation occurred, Brandon passed alone in his lodging at. He had felt himself too unwell to attend the customary wassail, and he sat

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Rh musing in the solitude of the oldfashioned chamber to which he was consigned. There, two wax-candles on the smooth, quaint table, dimly struggled against the gloom of heavy pannels, which were relieved at unfrequent intervals by portraits in oaken frames, dingy, harsh, and important with the pomp of laced garments and flowing wigs. The predilection of the landlady for modern tastes had, indeed, on each side of the huge fire-place suspended more novel masterpieces of the fine arts. In emblematic gorgeousness hung the pictures of the four Seasons, buxom wenches all, save Winter, who was deformingly bodied forth in the likeness of an aged carl. These were interspersed by an engraving of Lord Mauleverer, the lieutenant of the neighbouring county, looking extremely majestical in his peer's robes; and by three typifications of Faith, Hope, and Charity—ladies with whom it may be doubted if the gay Earl ever before cultivated so close an intimacy. Curtains, of that antique chintz in which fasces of stripes are alternated by rows of flowers, filled the interstices of three windows; a heavy sideboard occupied the greater portion of one side of the room; and on

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254 the opposite side, in the rear of Brandon, a vast skreen stretched its slow length along, and relieved the unpopulated and, as it were, desolate comfort of the apartment.

Pale and imperfectly streamed the light upon Brandon's face, as he sat in his large chair, leaning his cheek on one hand, and gazing with the unconscious earnestness of abstraction on the clear fire. At that moment, a whole phalanx of gloomy thought was sweeping in successive array across his mind. His early ambition, his ill-omened marriage, the causes of his after-rise in the wrong-judging world, the first dawn of his reputation, his rapid and flattering successes, his present elevation, his aspiring hope of far higher office, and more patrician honours—all these phantoms passed before him in chequered shadow and light: but ever with each stalked one disquieting and dark remembrance—the loss of his only son.

Weaving his ambition with the wish to revive the pride of his hereditary name, every acquisition of fortune or of fame rendered him yet more anxious to find the only one who could perpetuate these hollow distinctions to his race.

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Rh "I shall recover him yet!" he broke out suddenly and aloud. As he spoke, a quick—darting—spasmodic pain ran shivering through his whole frame, and then fixed for one instant on his heart with a gripe like the talons of a bird: it passed away, and was followed by a deadly sickness. Brandon rose, and filling himself a large tumbler of water, drank with avidity. The sickness passed off like the preceding pain; but the sensation had, of late, been often felt by Brandon, and disregarded,—for few persons were less afflicted with the self-torture of hypochondria; but now, that night, whether it was more keen than usual, or whether his thought had touched on the string that jars naturally on the most startling of human anticipations, we know not, but, as he resumed his seat, the idea of his approaching dissolution shot like an ice-bolt through his breast.

So intent was this scheming man upon the living objects of the world, and so little were his thoughts accustomed to turn towards the ultimate goal of all things, that this idea obtruding itself abruptly on him, startled him with a ghastly awe. He felt the colour rush from his cheek, and a

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256 tingling and involuntary pain ran wandering through the channels of his blood, even from the roots of the hair to the soles of his feet. But the stern soul of Brandon was not one which shadows could long affright. He nerved himself to meet the grim thought thus forced upon his mental eye, and he gazed on it with a steady and enduring look.

"Well," thought he, "is my hour coming, or have I yet the ordinary term of mortal nature to expect? It is true, I have lately suffered these strange revulsions of the frame with somewhat of an alarming frequency: perhaps this medicine, which healed the anguish of one infirmity, has produced another more immediately deadly? Yet why should I think this? My sleep is sound and calm, my habits temperate, my mind active and clear as in its best days. In my youth, I never played the traitor with my constitution; why should it desert me at the very threshold of my age? Nay, nay, these are but passing twitches, chills of the blood that begins to wax thin. Shall I learn to be less rigorous in my diet? Perhaps wine may reward my abstinence, in avoiding it for my luxuries, by becoming a cordial

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Rh to my necessities! Ay, I will consult—I will consult, I must not die yet. I have—let me see, three—four grades to gain before the ladder is scaled. And, above all, I must regain my child! Lucy married to Mauleverer, myself a peer, my son wedded to—whom? Pray God he be not married already! my nephews and my children nobles! the House of Brandon restored, my power high in the upward gaze of men; my fame set on a more lasting basis than a skill in the quirks of law, these are yet to come, these I will not die till I have enjoyed! Men die not till their destinies are fulfilled. The spirit that swells and soars within me, says that the destiny of William Brandon is but half begun!"

With this conclusion, Brandon sought his pillow. What were the reflections of the prisoner whom he was to judge? Need we ask? Let us picture to ourselves his shattered health, the languor of sickness heightening the gloom which makes the very air of a gaol—his certainty of the doom to be passed against him, his knowledge that the uncle of Lucy Brandon was to be his judge, that Mauleverer was to be his accuser;

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258 and that in all human probability the only woman he had ever loved must sooner or later learn the criminality of his life and the ignominy of his death; let us but glance at the above blackness of circumstances that surrounded him, and it would seem that there is but little doubt as to the complexion of his thoughts! Perhaps indeed, even in that terrible and desolate hour, one sweet face shone on him "and dashed the darkness all away." Perhaps too, whatever might be the stings of his conscience, one thought, one remembrance of a temptation mastered, and a heart not wronged, brought to his eyes tears that were sweet and healing in their source. But the heart of a man in Clifford's awful situation is dark and inscrutable, and often when the wildest and gloomiest external circumstances surround us, their reflection sleeps like a shadow, calm and still upon the mind.

The next morning the whole town of * * * (a town in which, we regret to say, an accident once detained ourself for three wretched days, and which we can, speaking therefore from profound experience, assert to be in ordinary times the most melancholy and peopleless-looking

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Rh of houses that a sober imagination can conceive,) exhibited a scene of such bustle, animation, and jovial anxiety, as the trial for life or death to a fellow-creature can alone excite in the phlegmatic breasts of the English. Around the court the crowd thickened with every moment, until the whole market-place, in which the town-hall was situated, became one living mass. The windows of the houses were filled with women, some of whom had taken that opportunity to make parties to breakfast; and little round tables, with tea and toast on them, caught the eyes of the grinning mobbists as they gaped impatiently upwards.

"Ben," said a stout yeoman, tossing up a halfpenny, and catching the said coin in his right hand, which he immediately covered with the left,—"Ben, heads or tails that Lovett is hanged; heads hanged, tails not, for a crown."

"Petticoats, to be sure," quoth Ben, eating an apple, and it was heads!

"Dammee, you've lost!" cried the yeoman, rubbing his rough hands with glee. So much for the good hearts of your lower classes! Out on

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260 the beastliness of the Pseudo-Liberals, who cry up the virtues of the poor. If they are virtuous, why would you reform them? 'tis because they are not virtuous that you should look to the laws that oppress them, and the ignorance that deludes!

It would have been a fine sight for Asmodeus, could he have perched on one of the housetops of the market-place of, and looked on the murmuring and heaving sea of mortality below. Oh! the sight of a crowd round a court of law, or a gibbet, ought to make the devil split himself with laughter.

While the mob was fretting, and pushing, and swearing, and grinning, and betting, and picking pockets, and trampling feet, and tearing gowns, and scrambling nearer and nearer to the doors and windows of the court, Brandon was slowly concluding his abstemious repast preparatory to attendance on his judicial duties. His footman entered with a letter. Sir William glanced rapidly over the seal, (one of those immense sacrifices of wax used at that day,) adorned with a huge coat of arms, surmounted with an Earl's coronet, and decorated on either side with those supporters

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Rh so dear to heraldic taste. He then tore open the letter, and read as follows.

",

" know that, in the last conversation I had the honour to hold with you, I alluded, though perhaps somewhat distantly, to the esteem which His Majesty had personally expressed for your principles and talents; and his wish to testify it at the earliest opportunity. I am most happy to think I have it in my power to offer you, by command of His Majesty, such a situation in the Cabinet, as will be worthy of your reputation and genius. Mr. has just tendered his resignation of the office of Chancellor of the Exchequer, and I lose not a moment in requesting you to supply the place thus vacated. You will remember, my dear Sir William, that it is an office that has before been auspiciously, though too briefly, filled by an ornament of your profession; 'your principles, your loyalty, and your talents'—these are His Majesty's own words,—'make you a worthy successor of the great Lord Mansfield.' There will be, as you are doubtless aware,

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262 an immediate creation of four peerages. Your name stands second on the list. The choice of title His Majesty graciously leaves to you; but he has hinted, that the respectable antiquity of your family would make him best pleased, were you to select the name of your own family-seat, which, if I mistake not, is Warlock. You will instruct me at your leisure as to the manner in which the patent should be made out, touching the succession, &c. Perhaps (excuse the licence of an old friend) this event may induce you to forsake your long-cherished celibacy.
 * "With great consideration.
 * "Believe me, my dear Sir,
 * "Very truly yours,
 * "(Private and Confidential.)"
 * "(Private and Confidential.)"

Brandon's dark eye glanced quickly from the signature of the Premier, affixed to this communication, towards the mirror opposite him. He strode to it, and examined his own countenance with a long and wistful gaze. Never, we think,

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Rh did youthful gallant about to repair to the trysting spot, in which fair looks make the greatest of earthly advantages, gaze more anxiously on the impartial glass, than now did the ascetic and scornful Judge; and never, we ween, did the eye of the said gallant retire with a more satisfied and triumphant expression.

"Yes, yes!" muttered the Judge, "no sign of infirmity is yet written here: the blood flows clear and warm enough, the cheek looks firm too, and passing full, for one who was always of the lean kind. Aha! this letter is a cordial, an elixir vitæ. I feel as if a new lease were granted to the reluctant tenant. Lord Warlock,—the first Baron of Warlock,—Chancellor of the Exchequer. Why not the woolsack?"

As he spoke, he strode unconsciously away; folding his arms with that sort of joyous and complacent gesture, which implies the idea of a man hugging himself in a silent delight. Assuredly, had the most skilful physician then looked upon the ardent and all-lighted face, the firm step, the elastic and muscular frame, the vigorous air of

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264 Brandon, as he mentally continued his soliloquy, he would have predicted for him as fair a grasp on longevity, as the chances of mortal life will allow. He was interrupted by the servant entering.

"It is twenty-five minutes after nine, Sir," said he respectfully.

"Sir,—Sir!" repeated Brandon. "Ah, well! so late!"

"Yes, Sir, and the Sheriff's carriage is almost at the door."

"Humph,—Minister,—Peer,—Warlock,—succession.—My son, my son!—would to God that I could find thee!"

Such were Brandon's last thoughts as he left the room. It was with great difficulty, so dense was the crowd, that the Judge drove up to the court. As the carriage slowly passed, the spectators pressed to the windows of the vehicle, and stood on tiptoe to catch a view of the celebrated lawyer. Brandon's face, never long indicative of his feelings, had now settled into its usual gravity, and the severe loftiness of his look chilled, while it satisfied the curiosity of the vulgar. It had been ordered that no person should be

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Rh until the Judge had taken his seat on the bench; and this order occasioned so much delay, owing to the accumulated pressure of the vast and miscellaneous group, that it was more than half an hour before the Court was able to obtain that decent order suiting the solemnity of the occasion. At five minutes before ten, an universal and indescribable movement announced that the Prisoner was put to the bar. We read in one of the journals of that day, that "on being put to the bar, the Prisoner looked round with a long and anxious gaze, which at length settled on the Judge, and then dropped, while the Prisoner was observed to change countenance slightly. Lovett was dressed in a plain dark suit; he seemed to be about six feet high; and, though thin and worn, probably from the effect of his wound and imprisonment, he is remarkably well made, and exhibits the outward appearance of that great personal strength which he is said to possess, and which is not unfrequently the characteristic of daring criminals. His face is handsome and prepossessing, his eyes and hair dark, and his complexion pale, possibly from the effects of his

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266 ; there was a certain sternness in his countenance during the greater part of the trial. His behaviour was remarkably collected and composed. The Prisoner listened, with the greatest attention, to the indictment, which the reader will find in another part of our paper, charging him with the highway robbery of Lord Mauleverer, on the night of the of  last. He occasionally inclined his body forward, and turned his ear towards the Court; and he was observed, as the Jury were sworn, to look steadily in the face of each. He breathed thick and hard when the various aliases he had assumed, Howard, Cavendish, Jackson, &c. were read; but smiled, with an unaccountable expression, when the list was completed, as if exulting at the varieties of his ingenuity. At twenty-five minutes past ten, Mr. Dyebright, the Counsel for the Crown, stated the case to the Jury."

Mr. Dyebright was a lawyer of great eminence; he had been a Whig all his life, but had latterly become remarkable for his insincerity, and subservience to the wishes of the higher powers. His talents were peculiar and effective. If he had

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Rh little eloquence, he had much power; and his legal knowledge was sound and extensive. Many of his brethren excelled him in display; but no one, like him, possessed the secret of addressing a jury. Winningly familiar, seemingly candid to a degree that scarcely did justice to his cause, as if he were in an agony lest he should persuade you to lean a hair-breadth more on his side of the case than justice would allow; apparently all made up of good, homely, virtuous feeling; a disinterested regard for truth; a blunt yet tender honesty, seasoned with a few amiable fireside prejudices, which always come home to the hearts of your fathers of families and thorough-bred Britons; versed in all the niceties of language, and the magic of names; if he were defending crime, carefully calling it misfortune; if attacking misfortune, constantly calling it crime; Mr. Dyebright was exactly the man born to pervert justice, to tickle jurors, to cozen truth with a friendly smile, and to obtain a vast reputation as an excellent advocate. He began by a long preliminary flourish on the importance of the case. He said that he should, with the most scrupulous delicacy, avoid

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268 every remark calculated to raise unnecessary prejudice against the prisoner. He should not allude to his unhappy notoriety, his associations with the lowest dregs.—(Here up jumped the Counsel for the prisoner, and Mr. Dyebright was called to order.)—"God knows," resumed the learned gentleman, looking wistfully at the Jury, "that my learned friend might have spared himself this warning. God knows, that I would rather fifty of the wretched inmates of this county gaol were to escape unharmed, than that a hair of the Prisoner you behold at the bar should be unjustly touched. The life of a human being is at stake; we should be guilty ourselves of a crime, which on our deathbeds we should tremble to recall, were we to suffer any consideration, whether of interest or of prejudice, or of undue fear for our own properties and lives, to bias us even to the turning of a straw against the unfortunate Prisoner. Gentlemen, if you find me travelling a single inch from my case; if you find me saying a single word calculated to harm the Prisoner in your eyes, and unsupported by the evidence I shall call, then I implore you not to depend upon the vigilance of

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Rh my learned friend; but to treasure these my errors in your recollection, and to consider them as so many arguments in favour of the Prisoner. If, Gentlemen, I could, by any possibility, imagine that your verdict would be favourable to the Prisoner, I can, unaffectedly and from the bottom of my heart, declare to you that I should rejoice; a case might be lost, but a fellow-creature would be saved! Callous as we of the legal profession are believed, we have feelings like you; and I ask any one of you Gentlemen of the Jury, any one who has ever felt the pleasures of social intercourse, the joy of charity, the heart's reward of benevolence,—I ask any one of you, whether, if he were placed in the arduous situation I now hold, all the persuasions of vanity would not vanish at once from his mind, and whether his defeat as an advocate, would not be rendered dear to him by the common and fleshly sympathies of a man! But, Gentlemen,—(Mr. Dyebright's voice at once deepened and faltered,)—there is a duty, a painful duty, we owe to our country; and never, in the long course of my professional experience, do I remember an instance in

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A.D. 1461.

di r pioceft fur toutz tielx chditi mt ntz & prefen- ic la ley requieri & en fourrrre fem- ime les ditz enditementz & pri fi uflent prifez devaunt les ditz juftices de 11 le dit counte ou oountees. Et auxi dar- & deliverer toutz tielx perfones ou perfone iflint enditcz & prcfentcz devaunt les ditz vif- c'oujjte'z futhvifcountez lour elerkes 6t baillifs & torn miniftrcz ou afcun deux en lour ditz tournes ou lawdaics 5c toutz tielx perfones ou perfone qe fount ou eft enditcz ou prefentez endite ou prc- jfchte dc rrefpas defaire oveqe eux & chefcun deux tiel fine come [oialment par leurs diferetions fem- Ble'ra 5v Jes eftfetez de les ditz fines & aiaercia- mentz Ibient enrollez & par indenture deftre deli- yerez a les ditz vifcountz futhvifcountz clcrkcs baillifs ou miniftres ou afcun deux al ocps ct prour- fit celuy qi fuift vifcount en afcun countec au temps de les ditz enditementz & prcfentementz Et li afcun des ditz vifcountcz lour futil- ity, clcrkcs baillifs ou miniftres face areitcr attache r ou mcttrc en prifon ou face fairc ou pren- dre afcun fine raunfom ou lever amerciament date- line perfone on perfones enfi enditez ou prefentez par reafon or colour dafcun tiel enditement on pre- fentement devaunt luy a les tournes ou lawedaics tlefuis recitez prife avaunt qils ount procelTe de les ditz juftices de peax ou cftrctez deliverez hors de les ditz enditementz ou prefentemctuz iffint amci- gnez deliverez et prefentez as eux qe adonqes lcz uitz vifcountez qi i/Iint fount forfacent C li. tine moite dent deftre cmploiez a lez expenfez du loftell de Roy et lautre moite al partie ou parties qe ou quelx eft ou font endamagez et ait ou aicnt ent action dc dette al commune ley et femblable pro- ceffc come eft en action de dette al commune ley. Et qe le defendaunt ou defendauntz en tielx futes ou actions dc dette ne foit ou foient eflbinez ne cage ou gagent leur ley. Et fil ou ceux ou afcun deux encontre qi ou queux ladite action ferra prife offre ou mette offrent ou mettent afcun protection en enpediment ou retardance de les ditz fuetes ou actions qil ne foit a luy alloue. ments were taken before the said Justices of Peace in the said County or Counties deliver all such Person or Persons so indicted and presented before the said Sheriffs, Under- -Sheriffs, their Clerks, Bailiffs, and their Ministers, or any of them in their Tuurns or Law-Days : (7) And all such Persons or Person which be indicted or presented of Trespass, shall make such a fine a shall seem lawful by their Discretions ; (8) And the Estates of the said Fines and Amerciaments shall be enrolled, and by Indenture be delivered to the said Sheriffs, Under-Sheriffs, their Clerks, Bailiffs, or Ministers, or some of the Peace to of them, to the Use and Profit of him that was, Sheriff in the said Counties or County at the Time of such Indictments or Presentments taken, (9) And if any of the said Sheriff's, their Under-Sheriffs, Clerks, Bailiffs, or their Ministers, do arrest, attach, or put in Prison, or cause any fine or Ransom to be taken, or levy any Amerciament of any Person or Persons so indicted or presented, by reason or colour of any such Indictment or Presentment taken before them at their Tourns or Law-Days above rehearsed, before that they have Process from the said Justices of Peace, or Estreats delivered out of the said indictments or Prescntments so brought, delivered, and presented to them, that then the Sheriffs which so do, shall forfeit an hundred Pounds, (10) the one Half thereof to be employed to the Expenccs of the King's House, and the other Half to the Party or Parties which be or is indamaged, (11) and he or they shall have therefore an Action of Debt at the Common Law, and like Process as is in an Action of Debt at the Common Law. (12) And that the Defendant or Defendants in such Suits, or Actions of Debt, shall not be essoined, nor wage their Law ; (13) And if he or they, or any of them against whom this Action shall be taken, do offer or call any Protection, or other Impediment, in Retardation of the said Suits or Actions, that shall not be allowed unto him."

Purveu toutz foitz qe cest present ordinaunce nextende pas nc ne foit prejudiciall en afcun manerc a les Viscountez del Cite de Loundrez ore efteantz ou qenapres afcun foitz fcrront quaunt as afouns enditementezou prcfentementz deftre prifez deins la dite Cite.

II. Provided always, That this prefent Ordinance This Statute do not extend, nor in any wife be prejudicial to the dotfl not extend Sheriffs of the City of London now being, or which at any Time hereafter fhall be, concerning any Indictments or Prefentments to be taken within the said City of London.

III. Provided also, That this Act extend not, nor Grants of Fine; be prejudicial, to any Person or Persons, which hath made by the Grants of any Fines or Amerciaments by any Letters Patents of our said Sovereign Lord the King, or of any of his Progenitors or Predeccsbrs, bearing Date before the Tenth Day of December next after the Beginning of this Parliament; (2) and that this Act and Ordinance do not extend, nor be prejudicial, to any Person or Persons having any Liberties or Franchises by any of the said Letters Patents, or in any other Manner by Prescription (3) And that this Ordinance be in 'his Force, and begin to take Effect at the Fortieth Day next after the Sixth next after the Beginning of this present Parliament was dissolved.

Purveu auxi qe ceft ordenaunce nextende pas ne ne foit prejudiciall al afcun perfone ou perfones qe ad ou ount graunts dafcuns fines ou des afcuns amerciamentez par afcuns lettres patentez noftre dit foveraigne Seignur le Roi ou dafcun de fes pro- genitours ou predeceffours portantz date devaunt le difme jour de Decembr' profchein apres le com- mencement de ceft parlement. Et qe ceft ordeig- naunce nextende pas ne ne foit prejudiciall al af- cune perfone ou perfones aiant ou aiantz afcuns liberties ou fraunchifez par afcuns des ditz lettres patentes ou en autre maner par prefcription. Et qe ceft ordeignaunce foit en fa force & commence dapprendre effect a la quarantifme jour profchein apres le vj mt jour de May profchein apres le com- mencement de ceft prefent parlement le quel fifme jour le dit parlement fuift diffolve. .


text:
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168 He looked about him diligently, and closely observed his own heart.

Like a fisher who sits with his line around his forefinger, watching for the least jerk, and wondering when the bite will come, so Cousin Hans held his breath whenever he saw a young lady, wondering whether he was now to feel that peculiar jerk which is well known to be inseparable from true love—that jerk which suddenly makes all the blood rush to the heart, and then sends it just as suddenly up into the head, and makes your face flush red to the very roots of your hair. But never a bite came. His hair had long ago flushed red to the roots, for Cousin Hans's hair could not be called brown; but his face remained as pale and as long as ever.

The poor fisherman was growing quite weary, when he one day strolled down to the esplanade. He seated himself on a bench and observed, with a contemptuous air, a squad of soldiers engaged in the invigorating exercise of standing on one leg in the full sunshine and wriggling their bodies so as to be roasted on both sides.

"Nonsense!" said Cousin Hans, indignantly; "it's certainly too dear a joke for a little country like ours to maintain acrobats of that sort. Didn't I see the other day that this so-called army requires 1500 boxes of shoe-blacking, 600 curry-combs, 3000 yards of gold-lace and 8640 brass buttons?—

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270 which it was more called forth than in the present. Mercy, Gentlemen, is dear, very dear to us all; but it is the deadliest injury we can inflict on mankind, when it is bought at the expense of justice."

The learned Gentleman then, after a few farther prefatory observations, proceeded to state how, on the night of last, Lord Mauleverer was stopped and robbed by three men masked, of a sum of money amounting to above three hundred and fifty pounds, a diamond snuff-box, rings, watch, and a case of most valuable jewels,—how Lord Mauleverer, in endeavouring to defend himself, had passed a bullet through the clothes of one of the robbers,—how, it would be proved, that the garments of the Prisoner, found in a cave in Oxfordshire, and positively sworn to by a witness he should produce, exhibited a rent similar to such a one as a bullet would produce,—how, moreover, it would be positively sworn to by the same witness, that the Prisoner Lovett had come to the cavern with two accomplices not yet taken up, since their rescue by the Prisoner, and boasted of the robbery he had just committed; that

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Rh in the clothes and sleeping apartment of the robber, the articles stolen from Lord Mauleverer were found, and that the purse containing the notes for three hundred pounds, the only thing the Prisoner could probably have obtained time to carry off with him on the morning in which the cave was entered by the policemen, was found on his person on the day in which he had attempted the rescue of his comrades, and had been apprehended in that attempt. He stated moreover, that the dress found in the cavern, and sworn to by one witness he should produce, as belonging to the Prisoner, answered exactly to the description of the clothes worn by the principal robber, and sworn to by Mauleverer, his servant, and the postilions. In like manner, the colour of one of the horses found in the cavern, corresponded with that rode by the highwayman. On these circumstantial proofs, aided by the immediate testimony of the King's evidence, (that witness whom he should produce,) he rested a case which could, he averred, leave no doubt on the minds of any impartial jury. Such, briefly and plainly alleged, made the substance of the details entered into by the learned

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text: Dictionary of National Biography, 1885-1900/Hay, Gilbert


text: Dictionary of National Biography, 1885-1900/Hay, James


text: Dictionary of National Biography, 1885-1900/Hay, John (1546-1607)


text: Dictionary of National Biography, 1885-1900/Hay, John (d.1654)


text: Dictionary of National Biography, 1885-1900/Hay, John (1626-1697)


text: Dictionary of National Biography, 1885-1900/Hay, John (d.1706)


text: Dictionary of National Biography, 1885-1900/Hay, John (1645-1713)


text: Dictionary of National Biography, 1885-1900/Hay, John (1691-1740)