« ZurückWeiter »
On his ap
nothing more than form ; for all thing necessary for the security theit proceedings were directed by increafe of the feet ; animating his Matthias, who, in the ftyle and with disciples by his own example to re: the authority of a prophet, uttered fuse no labor, as well as to repirie aé his commands, which it was instant no hardship, and their enthusiastic death to disobey. Having begun with pallions being kept from fabliding by encouraging the multitude to pillage a perpetual fuccession of exhortation, the churches, and deface their or. revelations, and prophecies, they paments ; he enjoined them to de- feemed ready to undertake or to sufi 1troy all books except the bible, as fer any thing in maintenance of their useless or impious; he appointed the opinions. eítates of such as fled, to be confifa While they were thus employed, cated, and sold to the inhabitants of the bishop of Munfter having atfemthe adjacent country; he ordered bled a confiderable army, advanced every man to bring forth his gold, to beliege the town. filver, and precious effects, and to proach, Matthias fallied out at the lay them at his feet; the wealth head of fome chosen troops, attacked amassed by these means, he deposit- one quarter of his camp, forced it, ed in a public treasurys and named and after great slaughter returned to deacons to dispense it for the com the city loaded with glory and spoil. mon use of all. The members of this Intoxicated with this fuccefs, he commonwealth being thus brought appeared next day brandishing a to a perfect equality, le command- spear, and declared, that, in imitaed all of them to eat at tables pre. tion of Gideon, he would go forth pared in public, and eten prefcribed with a handful of men and smite the the dishes which were to be served host of the ungodly. Thirty perup each day. Having finished his fons, whom he nanied, followed him plan of reformation, his next care without hesitation in this wild enterwas to provide for the defence of prize, and, rushing on the enethe city; and he took measures for my with a frantic courage, were cut that purpose with a prudence which off to a man. The death of their savored nothing of fanaticism. He prophet occasioned at first great com collected valt magazines of every Iternation among his disciples ; but kind; be repaired and extended the Boccold, by the fame gifts and prefortifications, obliging every person tensions which had gained Matthias without distinction to work in his credit, soon revived their spirits and turn; he forned such as were capa- hopes to such a degree, that he sucble of bearing arms into regular bod- ceeded him in the same absolute di. ies, ard endeavored to add the vig., redion of all their affairs. As he or of discipline to the impetuosity of did not poffefs that enterprizing enthusiasm. He fent emiffaries to courage which distinguished his pre. the Anababtists in the Low-Coun. deceffor, he satisfied himself with tries, inviting them to assemble at carrying on a defensive war; and, Munster, which he dignified with without attempting to annoy the enithe name of Mount-Sion, that from emy by fallies, he waited for the sucthence they might set out to reduce cours he expected from the Lowall the nations of the earth under Countries, the arrival of which was their dominion. He himself was often foretold and promised by their unwearied in attending to every prophets. But though less daring i
a&ion than Matthias, he was a wild- in Israel, to preside in all affairs ; er enthusiast, and of more unbound retaining to himself the fame authored ambition. Soon after the death ity, which Moses anciently possessed of his predecessor, having, by obscure as legislator of that people. visions and prophecies, prepared the
Not satisfied, however, with powmultitude for some extraordinary er or titles which were not supreme, event, he stripped himself naked, a prophet, whom he had gained and and, marching through the streets, tutored, having called the multitude proclaimed with a loud voice, "That together, declared it to be the will of the kingdom of Sion was at hand; God, that John Boccold should be that whatever was highest on earth king of Sion, and sit on the throne should be brought low, and whatev- of David. er was lowest should be exalted." John kneeling down, accepted In order to fulfil this, he command of the heavenly call, which he foled the churches, as the most lofty emnly protested had been revealed buildings in the city, to be levelled likewise to himself, and was imwith the ground; he degraded the mediately acknowledged as senators chosen by Matthias, and arch by the deluded multitude. depriving Cnipperdoling of the con From that moment he assumed all fulship, the highest office in the com the state and pomp of royalty. He monwealth, he appointed him to wore a crown of gold, and was clad execute the lowest and most infa. in the richest and most sumptuous mous, that of common hangman, to garments. A bible was carried on which strange transition the other his one hand, a naked sword on the agreed, not only without murmur other. A great body of guards acsing, but with the utmost joy; and companied him when he appeared such was the despotic rigour of Boc- in public. He coined money Itampcold's administration, that he was ed with his own image, and appointcalled almost every day to perform ed the great officers of his household fome duty or other of his wretched and kingdom, among whom Cnipfun&tion.' In place of the deposed perdoling was nominated governor fenators, he named twelve judges, of the city, as a reward for his foraccording to the number of tribes mer submislion.
ON THE PRACTICE OF THE COURTS OF LAW.
(Extracted from a late European Publication.] ALTHOUGH it is admitted, endeavour to point out a few of them
that the Laws of England are in Law Courts to the public, and at in general superior to those of all the same time to hint at their remother countries, yet it is too true, edies. that there are many considerable de The first defect in the practice, fects in that part of them which is which I shall mention, is the length called the Practice of the Courts, of pleadings in writing between the and which stands very much in need parties ; I shall confine myself at of being redressed. It shall be my present to those in assumpsit only, Z z.
they are more frequently used than the adopting this mode of declaring all the other pleadings in the law would fave about three pounds in evtogether.
caufe. Our Courts of Law have If a tradesman fues for a debt, the lately set their faces against Jong declaration is made to confift of pleadings in covenant, and long ineight or ter counts, each of which is di&tments for perjury; but though called either an indebitatus affumpsit, long declarations in affumpfit are inor quantum meruit ; the most part finitely greater evils, I do not reof these counts are wantonly iutro- member they have yet censured duced to increase the costs; every them. count has a feparate promise laid in Another great enormity in the law, 'it, as made by the defendant, to pay; and which calls loudly for redress, the time and place' are mentioned is the expenfe and tedioufnefs of the twice in each count, and the declara. "practice in error. tion concludes with a prolix breach First a writ of error is brought, of these promifes.
and allowed at a considerable price. Instead of thefe eight of tenThis takes up one term. Then a counts, and so many promises to pay, rule to allege diminution is given, and this long breach of such prom- which is all that is done in the secsises, there needs in reality not, a ond term. Errors are afligned in fourth part of such length of decla- the third, and argued, or pretended tation ; for there does not appear to to be argued, in the fourth term ; so be the least use of a quantum meruit, that an action, which may be brought, as the plaintiff is not bound 30 re- tried, and receive a final judgment : cover the exact sum laid in the in- in one term, cannot be reheard in a
debitatus assumpsit, nor is there any fuperior Court in much less than a pretence for concluding each count year afterwards. This practice is with a separate promise to pay: one highly reprehensible, and seems cal. promise to all the modes of laying culated merely to encourage the the plaiptiff's demand is perfectly bringing 'wfits of error for delay, fufficient. The time and place be and to put money into the pockets ing once mentioned might ferve, and of a few officers of the Courts, the conclusion of the declaration, which purposes it answers to a miraftating the breach, might be very cle. much shortened; for example, it Error, when it comes to discus. would or ought to be a good decla fion, is in the nature of a demurrer, ration, if it ftated, that the defend that is, the argument of law arises ant, on such a day, at such a place, upon the matter Itated on the record; was indebted to the plaintiff in such this being the case, it may be brought a fum for the goods fold and delive on as expeditiously and in the same
manner as a demurrer is, but it will rials and the money laid out, and on it
be hardly credible, that a demurrer the account stated, and on the other may be argued in four or five days, occasions, and thereupon he promis. when error must be firft depending ed to pay him the fame, ģet that he eight of nine months. has not done fo, to the plaintiff's The law, as 'to bail in error, is damage of such a fum.
also liable to strong objections. In This form states the plaintiff's fome cases, bail in error must be put fcause of action perfectly well, and in to prevent execution, and in oth
ets not, One would suppose, that parties might be in poffeffion of the the appearance or non appearance final judgment of the Courts of Law, of real error in the proceedings, in a few days, at a small expense. would make the difference ; but it is For my part, I am amazed how any not so. In case there is real error, such practice as the present in error, bail must be found where the cause in the Exchequer Chamber, came, has been tried, and if there is not to be adopted, it being so very dilaany error in bail, it is not necessary, tory, expensive and mischievous ; if judgment went by default. in truth, 'out of fifty writs of error
Now in truth there is not the brought, there is not above one arleast neceflity for the writ of error, gued. allowance, bail in error, or any of The adopting this new mode of the rules to' tranferibe, to allege hearing errors, will entirely abolish diminution, or to allign errors ; on the proceeding by original writ. the contrary, they are downright Another practice which is both nuisances in the law; for whether dilatory and expensive, is that of there is error in the record or not, lham pleading, and making up a pamay be infinitely better seen into in per 'book, with the times allowed the following manner :-The party for returning it, demurring, and make should state to another. Court by ing up the demurrer-book, returning Council the matter he alleges for it, and after all, striking out thefe error, and for this purpose, and on pieadings, and pleading over again ; this occasion the Court applied to by the management of the defendshould have access to and
ant's attorney on these occasions, a the record, without its being remov.' plaintiff very frequently lofes a ed at all just the same as if the rec term, at an increased expense ; ord was of the fame Court. If the this practice obtains in the King's Court faw the leaft reasonable ground Bench only, and ought to be abolfor reversing the judgment, they ifhed. should suspend execution without If the several clerks of the errors, bail, till the matter is determined ; and the clerks of the papers, were to if no reasonable ground appeared, write over their office doors in cap. execution should not be stayed. The itals, “ Delays in Law fold here for error might be argued in four or five ready money only,” you would prefdays, by delivering paper books, as ently conclude such a traffic to be in common cases of demurrer. Thus scandalous and unfit to be endured ; the delay of three quarters of a year, but I assure you that these words and great expenfes, might be easily might stand in those places with the and naturally prevented, and the greatest propriety,
NEW HAMPSHIRE, with the fkill of ancient and modern A FEDERAL guide-post to the architects, and tenanted by the political wanderer.
grandfires of political wisdom. MASSACHUSETTS.
RHODE-ISLAND. A fuperb edifice, fet off with the A motley group of stability, conriches of all nations, ornamented ceit, and barbarism.
CONNECTICUT. trimmed and enjoyed, whose Increas, Wise in their own esteem, and ing springs make luxury smile. learned in the esteem of others
VIRGINIĄ. waiting only the crowing of the A bedlam ; a heated soil, producing Gallic cock, to deny their political feeds for every garden of fedition. head,
A mathematical treatise, with Sighing under the prevalence of right questions and wrong answers. natural depravity, and closing the SOUTH-CAROLINA. eyes of a gasping reputation.
Halting between two-but finally NEW JERSEY
preferring new curd to old cheese. Piquing themselves on their own
GEORGIA, righteousness, and showing it more Helping with her right hand and by profesion than good deeds. scratching with her left. PENNSYLVANIA.
VERMONT. Keel up-like an old ship with a Prowling for prey, and praying valuable cargo, pouring from her for a reform. hold her weighty goods, while the
KENTUCKEY. rubbish floats on the top.
Imitating her mamma in vices, DELAWARE.
and tearing to pieces every other A gentleman's calm retreat from catechism. the surrounding deluge,
Cohabiting with that neighborA little farm and fish-pond, well hood, which best suits her education.
Anecdotes. A CHINESE JUSTICE, refifted the eptreaties of his kind vis, THERE was a certain Intendant itant ; but at last told him he had
of a province in that empire, lost the Imperial seal out of his caba who, out of regard to a particular inet, which yet remained locked, friend of his, made him Chief Juf- and had no marks of violence upon tice of the city where he resided. it; and was therefore disabled from It happened that this Intendant, on doing any thing, and cut off from a sudden, became inaccessible, and, all hopes of recovering this neceffa. under pretence of indisposition, ry inftrument of his office. The would neither do business nor be seen. Chief Justice bade him keep up his The Chief Justice was extremely spirits, and, instead of despairing, concerned at this behaviour ; he apply the great abilities he was came often to his house, but was de known to polless, in contriving fome nied admittance : at last, however, means to get the seal again. The it was granted ; and, on entering, Intendant ligh’d, and faid it was he found the Intendant in a very impoflible. The Chief Justice alkmelancholy posture ; he therefore ed him, if he had any potent enemy? entreated his friend not to conceal Yes, said the Intendant, the Goverfrom him the real caufe of his af. nor of this city bears a strong antipfiction. For a while the Intendant athy to me, because a friend of his