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NATURALISTS' CALENDAR. came into all the cellars and ground Nran Temperature ...37 • 42.
rooms near the river on both sides, and flowed through the streets of Wapping
and Southwark, as its proper channel; a February 15.
general inundation covered all the marshes
and lowlands in Kent, Essex, Suffolk, 1826. Ember Week.
Norfolk, and Lincolnshire, and some Ember weeks are those in which the thousands of cattle were destroyed, with Ember days fall. A variety of explana- several of their owners in endeavouring sions have been given of the word Em to save them. The tide being brought in ber, but Nelson prefers Dr. Marechal's, by a strong wind at N.W. was the bighest “ who derives it from the Saxon word in Lincolnshire of any for 135 years past. importing, a circuit or course ; so that Seventeen breaches were made, about these fasts being not occasional, but re- sunrise, in the banks of the river between turning every year in certain courses, may S alding and Wisbech, with several beproperly be said to be Ember days, be- tween Wisbech and Lynn, and irreparable cause fasts in course.” The Ember days. damage done; some graziers having lost are the Wednesday, Friday, and Saturday all their cattle. At Clay, in Norfolk, after the first Sunday in Lent, and after waters came over the great beach, almost the 13th of December. It is enjoined by demolished the town, and left nine feet of the xxxi. canon of the church, “ that dea- water in the marshes. At Gold Ongar, cons and ministers be ordained, or made, Essex, Mr. Cooper, and four of his serbut only on the Sundays immediately fol vants, were drowned in endeavouring to lowing these Ember feasts."*
save some sheep, the sea wall giving way of a sudden. The little isles of Candy
and Foulness, on the coast of Essex, were 1731. Their majesties king George II. quite under water; not a hoof was saved and the queen, being desirous of seeing thereon, and the inhabitants were taken “the noble art of printing," a printing from the upper part of their houses into press and cases were put up at St. James's boats. The particular damages may be palace on the 15th of February, and the better conceived than related.* duke (of York) wrought at one of the cases, to compose for the press a little book of his own writing, called “The
NATURALISTS' CALENDAR. Laws of Dodge-Hare.” The two young
Mean Temperature ... 38 · 90. est princes, likewise, composed their names, &c., under the direction of Mr. S.
February 17. Palmer, a printer, and author of the “ History of Printing," which preceded
Sittings after Term. Mr. Ames's more able work.t
On the day after the expiration of every
term, the courts of law continue to sit at NATURALISTS' CALENDAR
Westminster, and try causes; and some Mean Temperature ... 39 · 22.
judges come into London at the same time, for the same purpose. These sit
tings are called the “ sittings after term," February 16. and during these periods, suits, arising
out of clashing claims of important inCHRONOLOGY.
terests, are usually decided by the verdicts A question was carried in the house of of special juries, and other litigations are commons for building a bridge over the disposed of. Thames, from Palace-yard to the Surrey side. During the debate, that river over. The origin and progress of every posflowed its banks by reason of a strong sible action, in a court of law, are sucspring tide; the water was higher than cinctly portrayed by “ the Tree of Comever known before, and rose above two mon Law”—an engraving in vol. i. p. feet in Westminster - hall, where the 234. It stands there for a ornament and courts being sitting, the judges, &c. were use;"—there are plenty of books to explain obliged to be carried out. The water technical terms, and show the practice therefore, may easily obtain further infor- hay, twisted rope fashion, or as we say, mation as to the modes; and any respect- vulgo vocato, a hay-band. After he had able attorney will advise an inquirer, who made his boat fast to a post on shore, as states all the particulars of his case, con- it was very natural for a hungry man to cerning the costs of attempting to sue or do, he went up town to dinner ; farmer defend, and the chances of success. After A's bull, as it was very natural for a proceeding so far, it will be requisite to hungry bull to do, came down town to pause, and then, as paramount to the look for a dinner; and the bull observing legal advice, common sense should weigh discovering, seeing, and spying out, some consequences well, before giving “instruc- turnips in the bottom of the ferry-boat tions to sue,” or “ defend,” in
of the courts; any uninformed person, Audley's Companion to the Almanac. + Gentleman's Magazine,
• Gentleman's Magazine
the bull scrainbled into the ferry-boat: that wide and pathless maze he eat up the turnips, and to make an Where law and custom, truth and fiction, end of his meal, he fell to work upon the Craft, justice, strife, and contradiction, hay-band. The boat being eaten from its With every blessing of confusion,
moorings, floated down the river, with Quirk, error, quibble, and delusion, the bull in it: it struck against a rockAre all, if rightly understood,
beat a hole in the bottom of the boat, Like jarring ministers of state,
and tossed the bull overboard. There'Mid anger, jealousy, and hate,
upon the owner of the bull brought his In friendly coalition joined, To harmonize and bless mankind.
action against the boat, for running away
with the bull, and the owner of the boat To some “ whimsical miscellanies," brought his action against the bull for subjoined at the place aforesaid, can be running away with the boat. added or annexed, more or many others, At trial of these causes, Bullum o. of the same or the like kind. The reali- Boatum, Boatum v. Bullum, the counsel ties of law may be relieved by tlze pleasures for the bull began with saying, of imagination, and the heaviness of the “ My lord, and you, gentlemen of the “ present sittings" be en ivened by a jury, reported case, in the words of the re- « We are counsel in this cause for the porter, (Stevens's Lect.) premising, how- bull. We are indicted for running away ever, that he first publicly stated, with his with the boat. Now, my lord, we have head in his wig, and with a nosegay in heard of running horses, but never of his hand,
running bulls before. Now, my lord, the “Law is-law,-law is law, and as, in bull could no more run away with the such and so forth, and hereby, and afore- boat than a man in a coach may be said said, provided always, nevertheless, not to run away with the horses; therefore, withstanding. Law is like a country my lord, how can we punish what is not dance, people are led up and down in it punishable? How can we eat what is till they are tired. Law is like a book of not eatable? Or how can we drink what surgery, there are a great many terrible is not drinkable? Or, as the law says, cases in it. It is also like physic, they how can we think on what is not thinkthat take least of it are best off. Law is able? Therefore, my lord, as we are like a homely gentlewoman, very well to counsel in this cause for the bull, if the follow. Law is also like a scolding wife, jury should bring the bull in guilty, the very bad when it follows us. Law is like jury would be guilty of a bull.” a new fashion, people are bewitched to The counsel for the boat affirmed, that get into it; it is also like bad weather, the bull should be nonsuited, because most people are glad when they get out the declaration did not specify of what of it." The same learned authority ob- colour he was; for thus wisely, and thus serves, that the case before referred to, learnedly spoke the counsel : “My lord, and hereafter immediately stated, came if the bull was of no colour, he must be of before him, that is to say,
sume colour; and if he was not of any Bullum v. Boatum.
colour, of what colour could the bull be? Boatum v. Bullum.
I overruled this objection myself (says the There were two farmers, farmer A and reporter) by observing the bull was a farmer B. Fariner A was seized or pos- white bull, and that white is no colour : sessed of a bull; farmer B was seized or besides, as I told my brethren, they should possessed of a ferry-boat. Now the owner not trouble their heads to talk of colour in of the ferry-boat, having made his boat the law, for the law car co.ow any thing. East 'to a post on shore, with a piece of The causes went to refe muise 122 ny th
award, both bull and boat were acquitted, and thus, through the roots, imbibe water, it being proved that the tide of the river which, mixing there with a quantity of carried them both away. According to saccharine matter, forms sap, and is frong the legal maxim, there cannot be a wrong thence abundantly distributed througt: without a remedy, I therefore advised a the trunk and branches to every indivi Fresh case to be laid before me, and was of dual bud. The birch tree in spring, oz spinion, that as the tide of the river carried being tapped, yields its sap, which is fernoth bull and boat away, both bull and mented into wine. The palm tree in the noat had a right of action against the water- tropics of the same season yields its sap bailiff.
by the same method, which is made into Upon this opinion an action was com- palm wine, and the sap of the sugar menced and this point of law arose, how, maple in North America being boiled, whether, when, and whereby, or by whom, yields the maple sugar. the facts could be proved on oath, as the “ This great accession of nourishment boat was not compos mentis. The evidence (the sap) causes the bud to swell, to point was settled by Boatum's attorney, break through its covering, and to spread who declared that for his client he would into blossoms, or lengthen into a shoot swear any thing.
bearing leaves. This is the first process, At the trial, the water-bailiff's charter and, properly speaking, is all that belongs was read, from the original record in true to the springing or elongation of trees; law Latin, to support an averment in the and in many plants, that is, all those declaration that the plaintiffs were carried which are annual or deciduous, there is away cither by the tide of flood, or the no other process; the plant absorbs juices tide of ebb. The water-bailiff's charter from the earth, and in proportion to the stated of him and of the river, whereof or quantity of these juices increases in size : wherein he thereby claimed jurisdiction, it expands its blossoms, perfects its fruit, as follows:-Aquæ bailiffi est magistratus and when the ground is incapable by in choisi, sapor omnibus, fishibus, qui ha- drought or frost of yielding any more buerunt finnos et scalos, claws, shells, et moisture, or when the vessels of the plant talos, qui swimmare in freshibus, vel sals are not able to draw it up, the plant tibus, riveris, lakos, pondis, canalibus et perishes. But in trees, though the bewell boats, sive oysteri, prawni, whitini, ginning and end of the first process is shrimpi, turbutus solus ; that is, not tur- exactly similar to what takes places in bots alone, but turbots and soals both vegetables, yet there is a second process, together. Hereupon arose a nicety of law; which at the same time that it adds to for the law is as nice as a new-laid egg, their bulk, enables them to endure and and not to be understood by addle-headed go on increasing through a long series of people. Bullum and Boatum mentioned years. both ebb and food, to avoid quibbling; “ The second process begins soon after but it being proved, that they were carried the first, in this way. At the base of the away neither by the tide of food, nor by footstalk of each leaf a small bud is grathe tide of ebb, but exactly upon the top dually formed; but the absorbent vessels of high water, they were nonsuited; and of the leaf having exhausted themselves thereupon, upon their paying all costs, in the formation of the bud, are unable they were allowed, by the court, to begin to bring it nearer to maturity: in this again, de novo.
state it exactly resembles a seed, contain
ing within it the rudiments of vegetation, NATURALISTS' CALENDAR.
but destitute of absorbent vessels to nouMean Temperature...37 · 82. risb and evolve the embryo. Being sur
rounded, however, by sap, like a seed in February 18.
moist earth, it is in a proper situation for Revivification of Trees.
growing; the influence of the sun sets in Mr. Arthur Aikin, in his “ Natural motion the juices of the bud and of the History of the Year,” narrates the first seed, and the first operation in both of vital function in trees on the conclusion them is to send down roots a certain of winter. This is the uscent of the sap depth into the ground for the purpose of after the frost is moderated, and the earth obtaining the necessary moisture. The sufficiently thawed. The absorbent ves bud accordingly shoots down its roots sels composing the inner bark reach to upon the inner bark of the tree, till they the extremity of the fibres of the roots, reach the part covered by the earth.
Winter now arriving, the cold and defect of moisture, owing to the clogged condition of the absorbent vessels, cause the fruit and leaves to fall, so that, except the provision of buds with roots, the remainder of the tree, like an annual plant, is entirely dead : the leaves, the flowers, and fruit are gone, and what was the inner bark, is no longer organized, while the roots of the buds form a new inner bark; and thus the buds with their roots contain all that remains alive of the whole tree. It is owing to this annual renovation of the inner bark, that the tree increases in bulk; and a new coating being added every year, we are hence furnished with an easy and exact method of ascertaining the age of a tree by counting the number of concentric circles of which the trunk is composed. A tree, therefore, properly speaking, is rather a congeries of a multitude of annual plants, than a perennial individual.
“The sap in trees always rises as soon as the frost is abated, that when the stimulus of the warm weather in the early spring acts upon the bud, there should be at hand a supply of food for its nourishment; and if by any means the sap is prevented from ascending at the proper time, the tree infallibly perishes. Of this a remarkable instance occurred in London, during the spring succeeding the hard winter of the year 1794. The snow and ice collecting in the streets so as to become very inconvenient, they were cleared, and many cartloads were placed in the vacant quarters of Moorfields ; several of these heaps of snow and frozen rubbish were piled round some of the elm-trees that grow there. At the return of spring, those of the trees that were not surrounded with the snow expanded their leaves as usual, while the others, being still girt with a large frozen mass, continued quite bare; for the fact was, the absorbents in the lower part of the stem, and the earth in which the trees stood, were still exposed to a freezing cold. In some weeks, however, the snow was thawed, but the greater number of the trees were dead, and those few that did produce any leaves were very sickly, and continued in a languishing state all summer, and then died.”
February 19. 1826.-Second Sunday in Lent. The First Bird's Nest in Spring. Of all our native birds, none begins to build so soon as the raven: by the latter end of this month it has generally laid its eggs and begun to sit. The following anecdote, illustrative of its attachment to its nest, is related by Mr. White in his “ Natural History of Selborne.” “In the centre of this grove there stood an oak, which, though shapely and tall on the whole, bulged out into a large excrescence about the middle of the stem. On this a pair of ravens had fixed their residence for such a series of years, that the oak was distinguished by the name of the raven-tree. Many were the attempts of the neighbouring youths to get at this eyry; the difficulty whetted their inclinations, and each was ambitious of surmounting the arduous task. But when they arrived at the swelling, it jutted out so much in their way, and was so far beyond their grasp, that the most daring lads were awed, and acknowledged the undertaking to be too hazardous. So the ravens built on, nest upon nest, in perfect security, till the faial day arrived in which the wood was to be levelled. It was in the month of February, when those birds usually sit. The saw was applied to the butt, the wedges were inserted into the opening, the woods echoed to the heavy blows of the beetle and mallet, the tree nodded to its fall, but still the dam sat on. At last, when it gave way, the bird was flung from her nest; and though her parental affection deserved a bettei fate, was whipped down by the twigs, which brought her dead to the ground."*
NATURALISTS' CALENDAR. Mean Temperature ... 38. 37.
The Ways of the Season. The roads now are usually heavy, that is, the thaws have so entirely liberated the water in the earth, that the subsoil, which had been expanded by the action of the frost, becomes loosened, and, yielding mud to the surface, increases the draught of carriages. Now, therefore, the com
NATURALISTS' CALENDAR. Jean Temperature ...37.92.
# Aikin's Nat. Hist. of the Year.
missioners and agents who execute their ber of persons who are destitute of their duly have fuli employment, and the high- customary labour, or unfit for other ways afford employment to a large num- work.
Travelling in Jreland.
MS. Ballad. Mr. Crofton Croker's “ Kesearches in purpose; the only alteration is in the the South of Ireland," besides accounts of travellers, for whom he has substituted a scenery and architectural remains, and family on their removal from one cabin to illustrations of popular manners and su- another. perstition, conveys a very good idea of This, which is the common Irish car, the roads and the methods of travelling is used throughout the province of Leinin that part of the sister kingdom. The ster, the midland counties, and some parts asual conveyance is called a car; its of the north. The country, or farmer's wheels are either a solid block rounded car always has the wheels on the outside to the desired size, or they are formed of the shafts, with a balustrade or upof three pieces of wood clamped toge. right railing tixed from the shaft to the ther. The wheels are fixed to a massive side bars, which rise diagonally from them; wooden axletree; this supports the shafts, this sort of enclosure is also at the back. which are as commonly constructed on the This car is open at top for the convenience outside as on the inside of the wheels. In of carrying hay, corn, vegetables, tubs, one of these machines Mr. Croker, with a packages, and turf, which is generally lady and geutleman who accompanied him placed in wicker baskets, called a “kish ;" on his tour, took their seats. The car and iwo or four of these placed side by side horse were precisely of that description occupy the entire body. The car, with and condition in the engraving. Mr. W. the wheels between the shafts, is used to H. Brooke painted a picture of this gen- like purposes, but has the additional br. tleman's party, from whence he has oblig- nour of being rendered a family conver ingly made the drawing for the present ance, by cart ropes intertwisted or crossing