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Mährchen und Sagen aus dem Riesengebirge: 6

 * "The Treasure-Seeker" translated by George Godfrey Cunningham (1829)
 * "Some More Tricks of Rubezahl" translated anonymously (1851) – the last three paragraphs are a translation of this story


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Saint Paul finishes his speech by saying,

These words of Saint Paul make it clear that he is not speaking of authorities of the Christian faith but of pagans in Rome. He admonishes them to be subject not only because of wrath but also because of conscience.

1) First, concerning wrath. (:If the subjects disobey their lord, they shall be punished by the might of the lords, through imprisonments, executions, expropriations. Pilate punished the Jews for their rebellion, and therefore Paul admonishes the faithful not to incite the anger of Emperor Nero or other pagans who shed the blood of the Christians.:)

2) Second, concerning conscience. (:If the governing authorities do good, to resist them would mean to scorn the law of God. For God asks us to live peaceably with all, as far as it depends on us. As Christians, we live – a small minority – among pagans, and the restraining power of authority is for their good.:) Rom. 13:5–7,.

Lk. 13:1.

Rom. 12:18. 249*

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(:What does Paul mean by obedience to authority? Having once fallen away from the pure faith through the Donation of Constantine, the Christians now consider their state of fallenness as normal and as expressing the apostolic faith. The priests have adopted state authority and with it a pagan mode of living.:) Therefore, the words of Saint Paul, addressed as they were to the congregation of believers living in Rome under a pagan power, urges them to be obedient to the existing authority. (: But this authority obedience must not beyond the limits of passivity; a Christian must take no active part in the government.:) Christ said,

Obey your lords, pay your taxes but arrange your conduct among yourselves according to the law of Christ. Luke 22: 25–26. 250*

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Rh down these figures and these remarks to suggest the prodigious labor the carving of it so elegantly, so symmetrically, so faultlessly, must have cost. This species of stone is so hard that figures cut in it remain sharp and unmarred after exposure to the weather for two or three thousand years. Now did it take a hundred years of patient toil to carve the Sphynx? It seems probable.

Something interfered, and we did not visit the Red Sea and walk upon the sands of Arabia. I shall not describe the great mosque of Mehemet Ali, whose entire inner walls are built of polished and glistening alabaster; I shall not tell how the little birds have built their nests in the globes of the great chandeliers that hang in the mosque, and how they fill the whole place with their music and are not afraid of any body because their audacity is pardoned, their rights are respected, and nobody is allowed to interfere with them, even though the mosque be thus doomed to go unlighted; I certainly shall not tell the hackneyed story of the massacre of the Mamelukes, because I am glad the lawless rascals were massacred, and I do not wish to get up any sympathy in their behalf; I shall not tell how that one solitary Mameluke jumped his horse a hundred feet down from the battlements of the citadel and escaped, because I do not think much of that—I could have done it myself; I shall not tell of Joseph’s well which he dug in the solid rock of the citadel hill and which is still as good as new, nor how the


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632 same mules he bought to draw up the water (with an endless chain) are still at it yet and are getting tired of it, too; I shall not tell about Joseph’s granaries which he built to store the grain in, what time the Egyptian brokers were “selling short,” unwitting that there would be no corn in all the land when it should be time for them to deliver; I shall not tell any thing about the strange, strange city of Cairo, because it is only a repetition, a good deal intensified and exaggerated, of the Oriental cities I have already spoken of; I shall not tell of the Great Caravan which leaves for Mecca every year, for I did not see it; nor of the fashion the people have of prostrating themselves and so forming a long human pavement to be ridden over by the chief of the expedition on its return, to the end that their salvation may be thus secured, for I did not see that either; I shall not speak of the railway, for it is like any other railway—I shall only say that the fuel they use for the locomotive is composed of mummies three thousand years old, purchased by the ton or by the graveyard for that purpose, and that sometimes one hears the profane engineer call out pettishly, “D—n these plebeians, they don’t burn worth a cent—pass out a King;” I shall not tell of the groups of mud cones stuck like wasps’ nests upon a thousand mounds above high water-mark the length and breadth of Egypt—villages of the lower classes; I shall not speak of the boundless sweep of level plain, green with luxuriant grain, that gladdens the eye as far as it can pierce through the soft, rich atmosphere of Egypt; I shall not speak of the vision of the Pyramids seen at a distance of five and twenty miles, for the picture is too ethereal to be limned by an uninspired pen; I shall not tell of the crowds of dusky women who flocked to the cars when they stopped a moment at a station, to sell us a drink of water or a ruddy, juicy pomegranate; I shall not tell of the motley multitudes and wild costumes that graced a fair we found in full blast at another barbarous station; I shall not tell how we feasted on fresh dates and enjoyed the pleasant landscape all through the


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 with an effort, forcing himself to speak. "Shall I send some one to you?"

"Oh, no! oh, no! I do not wish to see any one, unless I could see my father," she added, looking inquiringly toward the constable.

"Must say no to that, young lady, though I am real sorry, but you can not see your father 'fore the examination," answered the officer.

"Shall I come for you this afternoon?" asked Allen, thinking that, friendless as she seemed, she might accept this service even from him, who stood to her in the light of an enemy.

"No, oh, no! I will come by myself to the village. But where shall I find him?" she asked.

"Waal, he will be at the Judge's house, I reckon, 'cause we hain't got a court-house in Fairview yet," answered the constable. "I'll bring down my light wagon for you, at the right time; so, don't trouble yourself about nothing, only to get over feelin' so bad. Mebbe there ain't no use of it, after all."

With this consoling remark the officer left the house, beckoning his two attendents after him, who came rather reluctantly, as they perceived that Allen still lingered, and they had "come to see it out."

"I wish to assure you, Miss Newcome, that I did not violate my promise this morning, and that I would have done much to have prevented this catastrophe, for your father's sake and yours, as well as my poor friend's."

"Oh, dear me! I can not thank you for that, Mr. Allen, for it only makes my father's case so much the worse."

"Remember one thing, poor child, your father's guilt is not yet proven or known. You can be as guarded as you choose, in your evidence; and now I must leave you to compose your mind for the trial. Try and think of every thing that will go in your father's favor."

"Thank you for that," cried the grateful girl, as Allen turned rapidly away to overtake the constable.

So deeply rooted in her mind had been the apprehension of some violence on the part of her father, that Alicia had scarcely questioned the truth of the charge preferred against him; in fact, she did not expect his acquittal, and hence the vehemence of her grief. But she was too young, and knew too little about the nature of evidence to realize that her own testimony would do more to commit him than that of any one else not a positive witness of the crime. The circumstances of the murder being all unknown to her, she naturally looked for the convincing proofs to come from some one concerned in the affray. Therefore, in thinking over what she might have to say, she had almost persuaded herself that she could soften the weight of any but positive evidence against him; and remembering that Allen had said her father's guilt was "not yet proven," she took a little comfort from this small ground of hope, and prepared with some courage for the trial.

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 him for subsistence, and revered on account of the nobleness of his birth and of the immemorial antiquity of his illustrious family, has a natural authority over all the inferior shepherds or herdsmen of his horde or clan. He can command the united force of a greater number of people than any of them. His military power is greater than that of any of them. In time of war they are all of them naturally disposed to muster themselves under his banner, rather than under that of any other person, and his birth and fortune thus naturally procure to him some sort of executive power. By commanding, too, the united force of a greater number of people than any of them, he is best able to compel any one of them who may have injured another to compensate the wrong. He is the person, therefore, to whom all those who are too weak to defend themselves naturally look up for protection. It is to him that they naturally complain of the injuries which they imagine have been done to them, and his interposition in such cases is more easily submitted to, even by the person complained of, than that of any other person would be. His birth and fortune thus naturally procure him some sort of judicial authority.

It is in the age of shepherds, in the second period of society, that the inequality of fortune first begins to take place, and introduces among men a degree of authority and subordination which could not possibly exist before. It thereby introduces some degree of that civil government which is indispensably necessary for its own preservation; and it seems to do this naturally, and even independent of the consideration of that necessity. The consideration of that necessity comes, no doubt, afterward to contribute very much to maintain and secure that authority and subordina-


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Rh flying journey; nor how we thundered into Alexandria, at last, swarmed out of the cars, rowed aboard the ship, left a comrade behind, (who was to return to Europe, thence home,) raised the anchor, and turned our bows homeward finally and forever from the long voyage; nor how, as the mellow sun went down upon the oldest land on earth, Jack and Moult assembled in solemn state in the smoking-room and mourned over the lost comrade the whole night long, and would not be comforted. I shall not speak a word of any of these things, or write a line. They shall be as a sealed book. I do not know what a sealed book is, because I never saw one, but a sealed book is the expression to use in this connection, because it is popular.

We were glad to have seen the land which was the mother of civilization—which taught Greece her letters, and through Greece Rome, and through Rome the world; the land which could have humanized and civilized the hapless children of Israel, but allowed them to depart out of her borders little better than savages. We were glad to have seen that land which had an enlightened religion with future eternal rewards and punishment in it, while even Israel’s religion contained no promise of a hereafter. We were glad to have seen that land which had glass three thousand years before England had it, and could paint upon it as none of us can paint now; that land which knew, three thousand years ago, well nigh all of medicine and surgery which science has discovered lately; which had all those curious surgical instruments which science has invented


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 That apartment in the Judge's house temporarily converted into a court-room, by three o'clock was filled almost to suffocation with the people of Fairview and vicinity. In the center was a rude table, on which reposed the body of the murdered man, it having been examined by a surgeon, and the ball extracted from the deadly wound. On one side of the table stood the prisoner, and on the other his accuser, while a few feet distant sat the Judge, and near him, counsel for both sides.

When Alicia entered the court-room, it was observed that the prisoner started violently, and that his brow contracted into a sullen gloom. The murmur that arose upon her appearance soon subsided, and an anxious silence prevailed in the assembly, while the proper officers proceeded to open court.

Allen was first examined, and related the interview with the prisoner as it occurred, as also the circumstances of the death of Edwards; forbearing to refer to the warning given him previously by the prisoner's daughter. Other persons testified to a knowledge of the dispute concerning the boundary of the Newcome claim; and also that the prisoner had often, spoken very angrily about the owners of the adjoining claim.

Alicia Newcome was then sworn. People murmured as they observed how pale and frightened she looked, and saw the entreating glances she cast upon her father. They also noticed that he kept his eyes constantly averted. The witness testified, in a voice hardly audible from agitation, that her father had spoken very excitedly on the subject of the dispute the night previous; that he had said he would pull up the stakes of the other claimants; that he had even threatened to shoot them—the claimants. Also, that he was a man of irritable temper, and sometimes threatened her; and she raised her voice a little as she added, of her own accord, "but he never struck me when he has threatened, and so I do not think his anger is of a dangerous kind."

There was some cross-questioning, and inquiries into the nature of the wound, from which it appeared that, the extracted ball fitted the prisoner's gun and also that the gun when taken was empty, and had been recently fired.

Counsel for defense, reminded the first witness that he had stated that there were two shots fired almost simultaneously. "Did witness see who fired either of them?"

"No."

"Was there any apparent difference in the nearness of the reports?"

"Now that I am reminded of it, I think I noticed a difference at the time."

"Which shot was it, first or last, that took effect on Dr. Edwards?"

"I could not say. I had heard both before he fell."

Counsel for prosecution then desired to know what direction the

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634 recently; which had in high excellence a thousand luxuries and necessities of an advanced civilization which we have gradually contrived and accumulated in modern times and claimed as things that were new under the sun; that had paper untold centuries before we dreampt of it—and waterfalls before our women thought of them; that had a perfect system of common schools so long before we boasted of our achievements in that direction that it seems forever and forever ago; that so embalmed the dead that flesh was made almost immortal—which we can not do; that built temples which mock at destroying time and smile grimly upon our lauded little prodigies of architecture; that old land that knew all which we know now, perchance, and more; that walked in the broad highway of civilization in the gray dawn of creation, ages and ages before we were born; that left the impress of exalted, cultivated Mind upon the eternal front of the Sphynx to confound all scoffers who, when all her other proofs had passed away, might seek to pone the world that imperial Egypt, in the days of her high renown, had groped in darkness.


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 tion. The rich, in particular, are necessarily interested to support that order of things which can alone secure them in the possession of their own advantages. Men of inferior wealth combine to defend those of superior wealth in the possession of their property, in order that men of superior wealth may combine to defend them in the possession of theirs. All the inferior shepherds and herdsmen feel that the security of their own herds and flocks depends upon the security of those of the great shepherd or herdsman; that the maintenance of their lesser authority depends upon that of his greater authority, and that upon their subordination to him depends his power of keeping their inferiors in subordination to them. They constitute a sort of little nobility, who feel themselves interested to defend the property and to support the authority of their own little sovereign, in order that he may be able to defend their property and to support their authority. Civil government, so far as it is instituted for the security of property, is in reality instituted for the defence of the rich against the poor, or of those who have some property against those who have none at all.

The judicial authority of such a sovereign, however, far from being a cause of expense, was for a long time a source of revenue to him. The persons who applied to him for justice were always willing to pay for it, and a present never failed to accompany a petition. After the authority of the sovereign, too, was thoroughly established, the person found guilty, over and above the satisfaction which he was obliged to make to the party, was likewise forced to pay an amercement to the sovereign. He had given trouble, he had disturbed, he had broken the peace of his lord the king, and for those offences an amercement was thought due.


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 Arsie-Versie, 112 and n. 2.

Aruspicy «iik1 Augury, 211 and n. 6.

Assembly of Divines, 35, n. 7; The great gorbellied idol, 125, n. 2.

Astrologers, impostures of, 257 and n. 1.

Astyagps, King of Media, his dream, 241 and n. 1.

Atoms, theories respecting, 44, n. 1; on the brains of animals, 259 and n. 1.

Attorney, confession of one, 312.

Augurs, determinations of the, 242, n. 1.

Augustus, tale respecting, 241 and n.3.

Averrhoes, 240; some account of, 210, n. 3.

Averruncate, meaning to eradicate, 34 and n. 1.

Ay, me! what perils do environ, &c., 86,

Babel, labourers of, 8.

Backgammon, 369 and n. 7.

Bacon, Roger, his brazen head, 155, n.3; 277, n. 2; some account of, 220, n. 2.

Bacrack, Hoccamore, and Mum, 406 and n. 3.

Baker, malignant, 387 and n. 3.

Baptism, 340 and n. 2.

Barber, John, monument erected by, to the memory of Butler, preface, 14.

Barclay, Dr, on shaving the beard, 141, n. 2.

Bardashing, 278 and n. 3.

Barebones, the leather-seller, 232 and n. 2.

Barnacles, turn soland geese, 351 and n. 2.

Barratry, 419 and n. 5.

Bassa, the illustrious, 168, n. 3.

Bassas, 406 and n. 5.

Bastile, 83.

Battery, action of, 419 and n. 1.

Bear, cubs of the, 130 and n. 1; shortness of its tail, 250 and n. 1.

Bear-baiting, 31 and n. 1; custom of, 117, n. 1.

Beards, custom of wearing, 14, n. 3; 15, n. 2,3; vow respecting, 15, n. 5; respect paid to, 141 and n. 1, 2; 142, n. 3; importance of, 430.

Beast, a game at cards, 304 and n. 3; number of the, 361 and n. 4.

Beaumont and Fletcher, quoted, 95, n. 1.

Becanns, Goropius, Teutonic spoken in Paradise, 11, n. 2.

Bed of Honour, 119 and n. 3.

Bees, generation of, 326 and n. 2.

Behmen, Jacob, 26, n. 1; 238 and n. 4.

Bell and the Dragon's chaplains, 125, n. 2.

Berenice's periwig, 247 and n. 1.

Biancafiore, love of Florio for, 168, n. 5.

Bibles, corrupted texts of, 326, 371 and n. 1.

Bilks, 227; meaning of the word, 227, n. 3.

Bill-running, custom of, 47, n. 4.

Birds, the speech of, 26 and n. 4; the mute of, 228 and n. 5; caught in nets, 237 and n. 1.

Birtha, supplants the Princess Rhodalind, 58, n.3.

Bishops, outcry against, compared to a dog with a black and white face, 63 and n. 5.

Blood, transfusion of the, 264 and n. 1.

Blows that bruise, 17 and n. 1.

Board, a two-inch one, 442 and n. 1.

Board her, 274 and n. 3.

Boccalini's Advertisement from Parnassus, used by Butler, 49, n. 3.

Bodin, John, an eminent geographer, 249 and n. 3.

Bolter, 128; a coarse sieve, 128, n. 1.

Bombastus, kept a devil's bird, 237 and n. 3.

Bond, Mr, strange sermon of, 33, n. 2.

Bongey, a Franciscan, 421 and n.3.


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 In the Tartar governments of Asia, in the governments of Europe which were founded by the German and Scythian nations who overturned the Roman empire, the administration of justice was a considerable source of revenue, both to the sovereign, and to all the lesser chiefs or lords who exercised under him any particular jurisdiction, either over some particular tribe or clan, or over some particular territory or district. Originally both the sovereign and the inferior chiefs used to exercise this jurisdiction in their own persons. Afterward they universally found it convenient to delegate it to some substitute, bailiff or judge. This substitute, however, was still obliged to account to his principal or constituent for the profits of the jurisdiction. Whoever reads the instructions which were given to the judges of the circuit in the time of Henry II. will see clearly that those judges were a sort of itinerant factors, sent round the country for the purpose of levying certain branches of the king's revenue. In those days the administration of justice not only afforded a certain revenue to the sovereign, but to procure this revenue seems to have been one of the principal advantages which he proposed to obtain by the administration of justice.

This scheme of making the administration of justice subservient to the purposes of revenue, could scarce fail to be productive of several very gross abuses. The person, who applied for justice with a large present in his hand, was likely to get something more than justice; while he who applied for it with a small one was likely to get something less. Justice, too, might frequently be delayed, in order that this present might be repeated. The amerce-


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 ment, besides, of the person complained of, might frequently suggest a very strong reason for finding him in the wrong, even when he had not really been so. That such abuses were far from being uncommon, the ancient history of every country in Europe bears witness.

When the sovereign or chief exercised his judicial authority in his own person, how much soever he might abuse it, it must have been scarce possible to get any redress; because there could seldom be anybody powerful enough to call him to account. When he exercised it by a bailiff, indeed, redress might sometimes be had. If it was for his own benefit only that the bailiff had been guilty of an act of injustice, the sovereign himself might not always be unwilling to punish him, or to oblige him to repair the wrong. But if it was for the benefit of his sovereign, if it was in order to make court to the person who appointed him and who might prefer him, that he had committed any act of oppression, redress would upon most occasions be as impossible as if the sovereign had committed it himself. In all barbarous governments, accordingly, in all those ancient governments of Europe in particular, which were founded upon the ruins of the Roman empire, the administration of justice appears for a long time to have been extremely corrupt; far from being quite equal and impartial even under the best monarchs, and altogether profligate under the worst.

Among nations of shepherds, where the sovereign or chief is only the greatest shepherd or herdsman of the horde or clan, he is maintained in the same manner as any of his vassals or subjects, by the increase of his own herds or flocks. Among those nations of husbandmen who are but just come out of the shepherd state, and who are not


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 humble prayer let me know it by way of the public prints, and I will throw myself at your feet, confiding in your princely word; if not, then justice may proceed as it shall be deemed proper, and I must act as necessity shall require."

"This petition," thus resumed the delinquent, "was not taken notice of, as well as a second and third, and having not the least glimmering of hope left, to be pardoned, I took the resolution to leave the country, and to die in the service of the King of Prussia as a brave soldier."

"I gave my gang the slip, and began my journey. My road led me through a small country town, where I intended to stay the night: A few weeks ago a proclamation had been published through the whole country, commanding a strict examination of every traveller, because the Prince had taken a party in the war, as a member of the German Empire. The


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 much advanced beyond that state; such as the Greek tribes appear to have been about the time of the Trojan war, and our German and Scythian ancestors when they first settled upon the ruins of the western empire; the sovereign or chief is, in the same manner, only the greatest landlord of the country, and is maintained, in the same manner as any other landlord, by a revenue derived from his own private estate, or from what, in modern Europe, was called the demesne of the crown. His subjects, upon ordinary occasions, contribute nothing to his support, except when, in order to protect them from the oppression of some of their fellow subjects, they stand in need of his authority. The presents which they make him upon such occasions, constitute the whole ordinary revenue, the whole of the emoluments which, except perhaps upon some very extraordinary emergencies, he derives from his dominion over them. When Agamemnon, in Homer, offers to Achilles for his friendship the sovereignty of seven Greek cities, the sole advantage which he mentions as likely to be derived from it, was, that the people would honor him with presents. As long as such presents, as long as the emoluments of justice, or what may be called the fees of court, constituted in this manner the whole ordinary revenue which the sovereign derived from his sovereignty, it could not well be expected, it could not even decently be proposed, that he should give them up altogether. It might, and it frequently was proposed, that he should regulate and ascertain them. But after they had been so regulated and ascertained, how to hinder a person who was all-powerful from extending them beyond those regulations, was still very difficult, not to say impossible. During the continuance of this state of things, therefore, the corruption of justice, naturally resulting from


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 gate-keeper of the town which I was going to enter was sitting upon a bench before his house as I rode by; my forbiding countenance and motly dress raised his suspicion, and as soon as I had entered the gate he shut it and demanded my passport, after he had first secured the bridle of my horse. I was prepared for accidents of that sort, having provided myself with a passport, which I had taken from a merchant whom I had robbed. However this testimony would not satisfy the eagle-eyed gate-keeper, my physiognomy being in contradiction with it, and I was obliged to follow him to the bailiff's house: He ordered me to await his return at the door."

"The passport was examined, and meanwhile a rabble began to assemble around me, attracted by my strange figure; a whispering arose among the multitude and some of the crowd were pointing alternately at me and my horse; the latter having been stolen by one of my former associates, my conscience gave the alarm.


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 the arbitrary and uncertain nature of those presents, scarce admitted of any effectual remedy.

But when from different causes, chiefly from the continually increasing expense of defending the nation against the invasion of other nations, the private estate of the sovereign had become altogether insufficient for defraying the expense of the sovereignty; and when it had become necessary that the people should, for their own security, contribute toward this expense by taxes of different kinds, it seems to have been very commonly stipulated that no present for the administration of justice should, under any pretence, be accepted either by the sovereign, or by his bailiffs and substitutes, the judges. Those presents, it seems to have been supposed, could more easily be abolished altogether than effectually regulated and ascertained. Fixed salaries were appointed to the judges, which were supposed to compensate to them the loss of whatever might have been their share of the ancient emoluments of justice; as the taxes more than compensated to the sovereign the loss of his. Justice was then said to be administered gratis.

Justice, however, never was in reality administered gratis in any country. Lawyers and attorneys, at least, must always be paid by the parties; and, if they were not, they would perform their duty still worse than they actually perform it. The fees annually paid to lawyers and attorneys amount, in every court, to a much greater sum than the salaries of the judges. The circumstance of those salaries being paid by the crown, can nowhere much diminish the necessary expense of a lawsuit. But it was not so much to diminish the expense, as to prevent the corruption of justice, that the judges were prohibited from receiving any present or fee from the parties.


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 The gate-keeper returned with the passport, and told me, that the bailiff understanding that I came from the seat of the war, would be glad to have half an hour's conversation with me, and to get some information of the situation of our army. This message increased my apprehension of being known, and fearing the invitation of the bailiff to be a snare to get me in his power without resistance, I clapt spurs to my horse without returning an answer."

"My sudden flight gave the signal to an universal hue and cry; a thief! a thief! exclaimed the whole multitude, pursuing me with all possible speed: The iron-hand of punishing vengeance seemed ready to grasp me, my life was at stake, and I redoubled the swiftness of my flight, goading the sides of my horse without mercy."

"My pursuers were soon far behind me, panting for breath, and liberty promised to


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 The office of judge is in itself so very honorable that men are willing to accept of it, though accompanied with very small emoluments. The inferior office of justice of peace, though attended with a good deal of trouble, and in most cases with no emoluments at all, is an object of ambition to the greater part of our country gentlemen. The salaries of all the different judges, high and low, together with the whole expense of the administration and execution of justice, even where it is not managed with very good economy, makes, in any civilized country, but a very inconsiderable part of the whole expense of government.

The whole expense of justice, too, might easily be defrayed by the fees of court; and, without exposing the administration of justice to any real hazard of corruption, the public revenue might thus be entirely discharged from a certain, though, perhaps, but a small encumbrance. It is difficult to regulate the fees of court effectually, where a person so powerful as the sovereign is to share in them, and to derive any considerable part of his revenue from them. It is very easy, where the judge is the principal person who can reap any benefit from them. The law can very easily oblige the judge to respect the regulation, though it might not always be able to make the sovereign respect it. Where the fees of court are precisely regulated and ascertained, where they are paid all at once, at a certain period of every process, into the hands of a cashier or receiver, to be by him distributed in certain known proportions among the different judges after the process is decided, and not till it is decided, there seems to be no more danger of corruption than where such fees are prohibited altogether. Those fees, without occasioning any considerable increase


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E were at sea now, fora very long voyage—we were to pass through the entire length of the Levant; through the entire length of the Mediterranean proper, also, and then cross the full width of the Atlantic—a voyage of several weeks. We naturally settled down into a very slow, stay-at-home manner of life, and resolved to be quiet, exemplary people, and roam no more for twenty or thirty days. No more, at least, than from stem to stern of the ship. It was a very comfortable prospect, though, for we were tired and needed a long rest.


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 gladden my heart again, when the fleetness of my flight was suddenly stopt by a dead wall. My pursuers gave a loud shout when they saw me entrapt, and I had given over every hope of effecting my escape, when a sudden thought struck me, that the wall might be the city wall, and that perhaps I would regain my liberty through a window of one of the houses on the bottom of the street. The door of that on the left side was open, I jumped from my horse, and entered it with a pistol in each hand, bolting the door after me, and hastening up stairs without being seen by any one of the inhabitants. My pursuers were close at my heels, and thundered at the door when I was rushing into a room where nobody was but an old woman: Seeing a man with a brace of pistols, terror fettered her tongue, and she fell in a swoon. I opened the window, and, imagine my joy, when the open field hailed my anxious looks; I bolted the door,


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 in the expense of a lawsuit, might be rendered fully sufficient for defraying the whole expense of justice. By not being paid to the judges till the process was determined, they might be some incitement to the diligence of the court in examining and deciding it. In courts which consisted of a considerable number of judges, by proportioning the share of each judge to the number of hours and days which he had employed in examining the process, either in the court or in a committee by order of the court, those fees might give some encouragement to the diligence of each particular judge. Public services are never better performed than when their reward comes only in consequence of their being performed, and is proportioned to the diligence employed in performing them. In the different parliaments of France, the fees of court (called Epicès and vacations) constitute the far greater part of the emoluments of the judges. After all deductions are made, the net salary paid by the crown to a counsellor or judge in the Parliament of Toulouse, in rank and dignity the second parliament of the kingdom, amounts only to a hundred and fifty livres, about six pounds eleven shillings sterling a year. About seven years ago that sum was in the same place the ordinary yearly wages of a common footman. The distribution of those Epicès, too, is according to the diligence of the judges. A diligent judge gains a comfortable, though moderate, revenue by his office: An idle one gets little more than his salary. Those parliaments are, perhaps, in many respects, not very convenient courts of justice; but they have never been accused; they seem never even to have been suspected of corruption.

The fees of court seem originally to have been the principal support of the different courts of justice in England.


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 Each court endeavored to draw to itself as much business as it could, and was, upon that account, willing to take cognizance of many suits which were not originally intended to fall under its jurisdiction. The Court of King's Bench, instituted for the trial of criminal causes only, took coognizance of civil suits; the plaintiff pretending that the defendant, in not doing him justice, had been guilty of some trespass or misdemeanor. The Court of Exchequer, instituted for the levying of the king's revenue, and for enforcing the payment of such debts only as were due to the king, took cognizance of all other contract debts; the plaintiff alleging that he could not pay the king, because the defendant would not pay him. In consequence of such fictions it came, in many cases, to depend altogether upon the parties before what court they would choose to have their cause tried; and each court endeavored, by superior despatch and impartiality, to draw to itself as many causes as it could. The present admirable constitution of the courts of justice in England was, perhaps, originally, in a great measure, formed by this emulation, which anciently took place between their respective judges; each judge endeavoring to give, in his own court, the speediest and most effectual remedy, which the law would admit, for every sort of injustice. Originally the courts of law gave damages only for breach of contract. The Court of Chancery, as a court of conscience, first took upon it to enforce the specific performance of agreements. When the breach of contract consisted in the non-payment of money, the damage sustained could be compensated in no other way than by ordering payment, which was equivalent to a specific performance of the agreement. In such cases, therefore, the remedy of the courts of law was sufficient. It was not so in others. When


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636 We were all lazy and satisfied, now, as the meager entries in my note-book (that sure index, to me, of my condition,) prove. What a stupid thing a note-book gets to be at sea, any way. Please observe the style:

“Sunday—Services, as usual, at four bells. Services at night, also. No cards.

“Monday—Beautiful day, but rained hard. The cattle purchased at Alexandria for beef ought to be shingled. Or else fattened. The water stands in deep puddles in the depressions forward of their after shoulders. Also here and there all over their backs. It is well they are not cows—it would soak in and ruin the milk. The poor devil eagle from Syria looks miserable and droopy in the rain, perched on the forward capstan. He appears to have his own opinion of a sea voyage, and if it were put into language and the language solidified, it would probably essentially dam the widest river in the world.

“Tuesday—Somewhere in the neighborhood of the island of Malta. Can not stop there. Cholera. Weather very stormy. Many passengers seasick and invisible.

“Wednesday—Weather still very savage. Storm blew two land birds to sea, and they came on board. A hawk was blown off, also. He circled round and round the ship, wanting to light, but afraid of the people. He was so tired, though, that he had to light, at last, or perish. He stopped in the foretop, repeatedly, and was as often blown away by the wind. At last Harry caught him. Sea full of flying-fish. They rise in flocks of three hundred and flash along above the tops of the waves a distance of two or three hundred feet, then fall and disappear.

“Thursday—Anchored off Algiers, Africa. ' Beautiful city, beautiful green hilly landscape behind it. Staid half a day and left. Not permitted to land, though we showed a clean bill of health. They were afraid of Egyptian plague and cholera.

“Friday—Morning, dominoes. Afternoon, dominoes. Evening, promenading the deck. Afterwards, charades.

“Saturday—Morning, dominoes. Afternoon, dominoes. Evening, promenading the decks. Afterwards, dominoes.

“Sunday—Morning service, four bells. Evening service, eight bells. Monotony till midnight.— Whereupon, dominoes.

“Monday—Morning, dominoes. Afternoon, dominoes. Evening, promenading the decks. Afterward, charades and a lecture from Dr. C. Dominoes.

“No date—Anchored off the picturesque city of Cagliari, Sardinia. Staid till midnight, but not permitted to land by these infamous foreigners. They smell inodorously—they do not wash—they dare not risk cholera.

“Thursday—Anchored off the beautiful cathedral city of Malaga, Spain.—Went ashore in the captain’s boat—not ashore, either, for they would not let us land. Quarantine. Shipped my newspaper correspondence, which they took with tongs, dipped it in sea water, clipped it full of holes, and then fumigated it with villainous vapors till it smelt like a Spaniard. Inquired about chances to run the blockade and visit the Alhambra at Granada. Too risky—they might hang a body. Set sail—middle of afternoon.


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 placed chairs and tables against it, threw the bed out of the window, and concealed myself in the chimney to await there the setting in of night."

"This was the work of a few moments, and I was safely housed in my hiding place when the door was forced open with a thundering noise. My calculations had not deceived me, and my plan succeeded as well as I could expect it. My pursuers seeing the window open, and the feather-bed lying in the field, believed firmly I had effected my escape: Some young men jumped boldly down, and others went to pursue me on horseback; the old woman who could tell no tales, was carried to another part of the house, and I was left alone to muse on my awkward situation."

"Soon after the owner of the house came into the room with some of his neighbours, and confirmed by his discourses my hope, that nobody suspected my hiding-place.


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Rh

“And so on, and so on, and so forth, for several days. Finally, anchored off Gibraltar, which looks familiar and home-like.”

It reminds me of the journal I opened with the New Year, once, when I was a boy and a confiding and a willing prey to those impossible schemes of reform which well-meaning old maids and grandmothers set for the feet of unwary youths at that season of the year—setting oversized tasks for them, which, necessarily failing, as infallibly weaken the boy’s strength of will, diminish his confidence in himself and injure his chances of success in life. Please accept of an extract:

“Monday—Got up, washed, went to bed.

“Tuesday—Got up, washed, went to bed.

“Wednesday—Got up, washed, went to bed.

“Thursday—Got up, washed, went to bed.

“Friday—Got up, washed, went to bed.

“Next Friday—Got up, washed, went to bed.

“Friday fortnight—Got up, washed, went to bed.

“Following month—Got up, washed, went to bed.”

I stopped, then, discouraged. Startling events appeared to be too rare, in my career, to render a diary necessary. I still reflect with pride, however, that even at that early age I washed when I got up. That journal finished me. I never have had the nerve to keep one since. My loss of confidence in myself in that line was permanent.

The ship had to stay a week or more at Gibraltar to take in coal for the home voyage.

It would be very tiresome staying here, and so four of us ran the quarantine blockade and spent seven delightful days in Seville, Cordova, Cadiz, and wandering through the pleasant rural scenery of Andalusia, the garden of Old Spain. The experiences of that cheery week were too varied and numerous for a short chapter and I have not room for a long one. Therefore I shall leave them all out.


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 the tenant sued his lord for having unjustly outed him of his lease, the damages which he recovered were by no means equivalent to the possession of the land. Such causes, therefore, for some time, went all to the Court of Chancery, to the no small loss of the courts of law. It was to draw back such causes to themselves that the courts of law are said to have invented the artificial and fictitious writ of ejectment, the most effectual remedy for an unjust outer or dispossession of land.

A stamp duty upon the law proceedings of each particular court, to be levied by that court, and applied toward the maintenance of the judges and other officers belonging to it, might, in the same manner, afford a revenue sufficient for defraying the expense of the administration of justice, without bringing any burden upon the general revenue of the society. The judges indeed might, in this case, be under the temptation of multiplying unnecessarily the proceedings upon every cause, in order to increase, as much as possible, the produce of such a stamp duty. It has been the custom in modern Europe to regulate, upon most occasions, the payment of the attorneys and clerks of court, according to the number of pages which they had occasion to write; the court, however, requiring that each page should contain so many lines, and each line so many words. In order to increase their payment, the attorneys and clerks have contrived to multiply words beyond all necessity, to the corruption of the law language of, I believe, every court of justice in Europe. A like temptation might perhaps occasion a like corruption in the form of law proceedings.

But whether the administration of justice be so contrived as to defray its own expense, or whether the judges be main-


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 One of the company thought I might be concealed under the bed, but his idea of my still being in the house was, to my inexpressible satisfaction, treated with ridicule. At length my situation became extremely painful to me, and I wished fervently my unwelcome visitors might be gone."

"After two tedious hours I was at length released of my fear to be detected by some unforeseen accident, when the landlord and his friends left also the room where I was hidden. As soon as the coast was clear, and the tranquillity of the house restored, I climbed higher up into the chimney with the intention to get upon the roof; however, on maturer consideration I thought it safer to remain where I was, hearing many voices in the field, which made me afraid of being detected."

"The time crept slowly on, and I thought the wished-for hour of midnight would never set in: Hunger and thirst increased


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 tained by fixed salaries paid to them from some other fund, it does not seem necessary that the person or persons intrusted with the executive power should be charged with the management of that fund, or with the payment of those salaries. That fund might arise from the rent of landed estates, the management of each estate being intrusted to the particular court which was to be maintained by it. That fund might arise even from the interest of a sum of money, the lending out of which might, in the same manner, be intrusted to the court which was to be maintained by it. A part, though indeed but a small part, of the salary of the judges of the Court of Session in Scotland, arises from the interest of a sum of money. The necessary instability of such a fund seems, however, to render it an improper one for the maintenance of an institution which ought to last forever.

The separation of the judicial from the executive power seems originally to have arisen from the increasing business of the society, in consequence of its increasing improvement. The administration of justice became so laborious and so complicated a duty as to require the undivided attention of the persons to whom it was intrusted. The person intrusted with the executive power, not having leisure to attend to the decision of private causes himself, a deputy was appointed to decide them in his stead. In the progress of the Roman greatness, the consul was too much occupied with the political affairs of the State to attend to the administration of justice. A pretor, therefore, was appointed to administer it in his stead. In the progress of the European monarchies which were founded upon the ruins of the Roman empire, the sovereigns and the great lords came universally to consider the administration of justice as an


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 the horrors of my situation, and that ever watchful remembrancer of the mortal race, conscience, began to remind me of my wickedness, and the punishments of never sleeping justice, which sooner or later would overtake me: My resolution of leaving the path of vice acquired new strength, and I vowed fervently never to sin again if I should escape once more."

"Amidst these salutary meditations and resolutions night began to set in, and I breathed freer. At length the feather-bed was brought back, but nobody came to sleep in it that night, and the room remained unoccupied."

"As soon as midnight silence announced to me that every body was gone to rest, I slided softly down the chimney, tore one of the bed sheets and twisted it in a line to make use of it in getting into the field. No sooner had I touched the ground than I took to my heels to reach, before day-


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 office, both too laborious and too ignoble for them to execute in their own persons. They universally, therefore, discharged themselves of it by appointing a deputy, bailiff, or judge.

When the judicial is united to the executive power, it is scarce possible that justice should not frequently be sacrificed to, what is vulgarly called, politics. The person intrusted with the great interests of the State may, even without any corrupt views, sometimes imagine it necessary to sacrifice to those interests the rights of a private man. But upon the impartial administration of justice depends the liberty of every individual, the sense which he has of his own security. In order to make every individual feel himself perfectly secure in the possession of every right which belongs to him, it is not only necessary that the judicial should be separated from the executive power, but that it should be rendered as much as possible independent of that power. The judge should not be liable to be removed from his office according to the caprice of that power. The regular payment of his salary should not depend upon the goodwill, or even upon the good economy of that power.

third and last duty of the sovereign or commonwealth is that of erecting and maintaining those public institutions and those public works, which, though they may be in the highest degree advantageous to a great society, are, however, of such a nature, that the profit could never repay the expense to any individual or small number of individuals, and which it therefore cannot be


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 apartment in the height of his passion, abusing the poor, trembling girl with the bitterest reproaches. However, she soon collected herself; and having attempted in vain to soothe his rage, by tears and tender remonstrances, asked him, at length, coolly, "whether she should ring for her people, or whether he preferred to quit her house without their assistance?" He chose the latter; and she appeared the next day in public as the declared mistress of Baron de H******. This affair recurred, on the present occasion, to the recollection of my friend, and he imagined the Baron's malicious smiles alluded to it. He went, therefore, to him, whispering in his ear, "Baron, you will give me leave to ask you, how far you are concerned in this affair?"

The Baron made a low bow, replying, smiling, in German, "My Lord, I shall give you every explanation on that head you can wish for."

title: Page:Horrid Mysteries Volume 3.djvu/47


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 happiness; she admired with warmest gratitude the noble and aspiring virtues of the young Highlander; but the proud nobility of her soul repelled with quick vivacity every idea of union with a youth of such ignoble birth: she regarded the present attachment as the passing impression of youthful fancy, and believed that gentle reasoning, aided by time and endeavour, would conquer the enthusiasm of love. Mary listened with attention to the reasonings of the Countess; her judgment acknowledged their justness, while her heart regretted their force. She resolved, however, to overcome an attachment which would produce so much distress to her family and to herself. Notwithstanding her endeavours to exclude Alleyn from her thoughts, the generous and heroic qualities of his mind burst upon her memory in all their splendour; she could not but be conscious that he loved her; she saw the struggles of his soul, and the delicacy of his passion, which made him ever retire in the most profound and respectful silence from its object. She solicited her mother to assist in expelling the destructive image from her mind. The Countess exerted every effort to amuse her to forgetfulness; every hour except those which were given to exercises necessary for her health, was devoted to the cultivation of her mind, and the improvement of her various accomplishments. These endeavours were not unsuccessful; the Countess with joy observed the returning health and tranquillity of her daughter; and Mary almost believed she had taught herself to forget. These engagements served also to beguile the tedious moments which must intervene, ere news could arrive from Alleyn concerning the probable success of the enterprize.

Misery yet dwelt in the castle of Dunbayne; for there the virtues were captive, while the vices reigned despotic. The mind of the Baron, ardent and restless, knew no peace: torn by conflicting passions, he was himself the victim of their power.

The Earl knew that his life hung upon the caprice


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 expected that any individual or small number of individuals should erect or maintain. The performance of this duty requires two very different degrees of expense in the different periods of society.

After the public institutions and public works necessary for the defence of the society, and for the administration of justice, both of which have already been mentioned, the other works and institutions of this kind are chiefly those for facilitating the commerce of the society, and those for promoting the instruction of the people. The institutions for instruction are of two kinds; those for the education of the youth, and those for the instruction of people of all ages. The consideration of the manner in which the expense of those different sorts of public works and institutions may be most properly defrayed, will divide this third part of the present chapter into three different articles.

the erection and maintenance of the public works which facilitate the commerce of any country, such as good roads, bridges, navigable canals, harbors, etc., must require very different degrees of expense in the different periods of society, is evident without any proof. The expense of making and maintaining the public roads of any country must evidently increase with the annual produce of the land and labor of that country, or with the quantity and weight of the goods which it becomes necessary to fetch and carry upon those roads. The strength of a bridge must be suited


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Author:Francis Paul Palmer

Works

 * Old Tales For the Young (c. 1854)

title: Author:Francis Paul Palmer


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 of a tyrant his mind was nerved for the worst; yet the letter which the compassion of one of his guards, at the risk of his life, had undertaken to convey to the Countess, afforded him a faint hope that his people might yet affect his escape. In this expectation, he spent hour after hour at his grate, wishing with trembling anxiety to behold his clan advancing over the distant hills. These hills became at length, in a situation so barren of real comforts, a source of ideal pleasure to him. He was always at the grate, and often in the fine evenings of summer, saw the ladies, whose appearance had so strongly excited his admiration and pity, walk on a terrace below the tower. One very fine evening, under the pleasing impressions of hope for himself, and compassion for them, his sufferings for a time lost their acuteness. He longed to awaken their sympathy, and make known to them that they had a fellow prisoner. The parting sun trembled on the tops of the mountains, and a softer shade fell upon the distant landscape. The sweet tranquillity of evening threw an air of tender melancholy over his mind; his sorrows for a while were hushed; and under the enthusiasm of the hour, he composed the following sonnet, which, having committed it to paper, he the next evening dropped upon the terrace.


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He had the pleasure to observe that the paper was taken up by the ladies, who immediately retired into the castle.

One morning early, the Earl discerned a martial band emerging from the verge of the horizon; his heart welcomed his hopes, which were soon confirmed into certainty. It was his faithful people, led on by Alleyn. It was their design to surround and attack the castle; and though their numbers gave them but little hopes of conquest, they yet believed that in the tumult of the engagement they might procure the deliverance of the Earl. With this view they advanced to the walls. The centinels had descried them at a distance; the alarm was given; the trumpets sounded, and the walls of the castle were filled with men. The Baron was present, and directed the preparations. The secret purpose of his soul was fixed. The clan surrounded the fossé, into which they threw bundles of faggots, and gave the signal of attack. Scaling ladders were thrown up to the window of the tower. The Earl, invigorated with hope and joy, had by the force of his arm, almost wrenched from its fastening, one of the iron bars of the grate; his foot was lifted to the stanchion, ready to aid him in escaping through the opening, when he was seized by the guards of the Baron, and conveyed precipitately from the prison. He was led, indignant and desperate, to the lofty ramparts of the castle, from whence he beheld Alleyn and his clan, whose eager eyes were once more blessed with the sight of their Chief;—they were blessed but for a moment; they beheld their lord in chains, surrounded with guards, and with the instruments of death. Animated, however, with the last hope, they renewed the attack with redoubled fury, when the trumpets of the Baron sounded a parley, and they suspended