effusions of poetry were usual in former ages, in all remarkable occurrences. The modern vampire has strong traces of descent from the above quoted Gothic phantom. Thus we are told by Matthew Paris, that as Gilbert Folliot (afterwards Bishop of London) was, one night, revolving in his head certain points in politics, a science to which he had a stronger turn than to divinity, he was most fearfully interrupted in his meditation by Satan, who, with an unpleasant tone of voice, thus accosted him in rhyme, *" O Gilberte Folliot! Dum revolvis tot et tot--Deus tuus est Astarot."-To whom the unterrified priest replied, with greater presence of mind than civility, + Mentiris, Dæmon, Qui est Deus-Sabbaoth, est ille meus." Near the abbey of Clairvaux, in Switzerland, there is a tradition that an evil spirit lies beneath a mountain, enchained by St. Bernard; and the smiths of that neighbourhood, when they go to work in the morning, always think it their duty to strike three strokes on their anvils to rivet his fetters. This infernal being deserves much less compassion than those industrious phan toms, who, according to a reputable tradition, are still to be heard near a southern cliff in Wales, constantly employed in hammering on the brasen wall which Merlin intended for the defence of Britain. But the headless enchanter hay ing, after he had set them to work, beea decoyed by the lady of the lake into a perpetual confinement, the poor spirits still continue their unavailing Tabor, and must hammer on till Merlin regains his freedom. Should a glass-house fire be kept up without extinction for a longer term than seven years, there is no doubt but which separated the body from their bu rial ground; and a bridge near the ruins of that religious house, still is reported to bear the name of Guile Bridge. Dr. Fuller says he cannot tell the date of this tale. "While thus you're revolving on good and on evil, This world is your Heaven, your God is the Devil." + "Satan, thou liest! the God who ever more Both was and is, is him whom I adore." "How to make a Basiliske. "I deny not" (quoth the Author) "but a living creature may be gene. rated, that shall poison one by seeing and touching, as if it were a Basiliske. But take heed, you that try to produce this creature, that you do not endanger yourself, which, I think, may easily come to pass. Infuse fruitful eggs, where you have a liquid moisture of arsenic or serpants poison, and other deadly things, and let the eggs lie therein for some days: set them under hens that do cluck, but shake them not in your hands, lest you destroy the mischief sought for. There is no greater cause to be found to produce divers monsters, than by eggs." No man ever gave into popular and superstitious prejudices more readily than the (otherwise) ingenious and entertaining antiquarian, John Aubrey. His method of relation was always quaint, and sometimes too general, as in the following instance: ་་ "Anno 1670, not far from Cirencester, was an apparition. Being demanded whether a good spirit or a bad? returned no answer, but disappeared with a curious perfume and most melodious twang." The following anecdote from the same writer is more particular :→→ "When 1" (the writer, J. Aubrey) was a freshman at Oxford, 1642, 1 was wont to go to Christ Church to see King Charles 1. at supper; where I once heard him say, that as he was hawking in Scotland, he rode into a quarry, and found the covey of par tridges falling on the hawk: aud I do remember this expression further; viz. And I will swear upon the book 'tis true. When I came to my chamber, I told this story to my tutor; said he, That covey was London.'” The annals of France report, that in 793 there fell out an uncommon scarcity; the ears of corn were all void of substance, and strange preternatural beings were heard in the air, proclaiming themselves to be demons, who had ravaged the harvests, in order to revenge the clergy for the reluctance of the people as to the payment of tythes; which, in consequence of this diaboJical interference, were ordered to be regularly discharged. St. Foix, who relates this story, humorously asks, "How the devils came to interest thein selves so warmly in behalf of the priest hood?" King James the First defines a ne, cromancer to be the devil's master, and to command him by art. A witch his servant, for whom he works by compact. The learned Godwin, in his Antiquities of the Jewish Nation, favors us with the method of composing the Teraphim, which were a species of image endued by magic art with the power of prophesying. "The Teraphim have spoken vanity." Zech. x. 2. Rabbi Eliezer is quoted as the author. Recipe for making the Teraphim. “They killed a man that was a first born son, and wrung off his head, and seasoned it with salt and spices, and wrote upon a plate of gold the name of an unclean spirit, and put it under the head, on a wall, and lighted candles before it, and worshipped it." With such as these, the rabbis assert that Laban spake. Dr. Fuller, in his "Worthies of England," after repeating the old prophetic proverb, "When our Lady falls in our Lord's lap, Then let England beware a mishap ;" and after bringing fifteen instances of singular misfortunes, which have happened to England when such a conjunction of feasts has occurred, warns the next generation to beware of what may fall out in the year 1722: happily, that year is past, and probably was the architect of the Strand, or Waterloo, Bridge; which is not the fact-it being an honor that I cannot allow to be taken from my family. Permit me to say, it is well known by the first promoters of this national work, that the plans and designs of that bridge was approved by the proprietors, and its measurements inserted in the act of Parliament for building it, of course no other could be admitted, long before Mr. Rennie had any thing whatever to do with it. These plans are now for the inspection of any gentleman who may wish to see they have been acted upon-and in which, I presume, the architectural taste of the country has not been disgraced. RALPH DODD. No. 8, Oxford street, 21st June, 1817. THE REPOSITORY. A SELECT COLLECTION OF FUGITIVE "The mind of man not being capable of having many ideas under view at once, it was necessary to have a REPOSITORY to Jay up those ideas."-LOCKE, THE EVIDENCE OF MR. SERJEANT RUNNINGTON BEFORE THE SECRET COMMITTEE APPOINTED TO INQUIRE INTO THE EFFECTS WHICH HAVE BEEN PRO DUCED BY THE ACTS 55 GEO. III. C. 102, AND 54 GEO. III. c. 53, FOR THE RELIEF OF INSOLVENT DEBTORS. (Continued from Vol. LXXI. page 513.) April 10, 1816. Mr. Serjeant Runnington again called in, and examined. AVE the goodness to refer to other like cra, without any signal H 7th section of the Act of the misfortune happening to the kingdom. WATERLOO BRIDGE. To the Editor of the European Magazine. SIR, S your valuable Magazine is open 53d of the King, which prevents a person, against whom damages have been given for any malicious injury, being discharged; is malicious injury construed by the court such as is styled so on the declaration ?—The only ques tion which has occurred upon that As for the vindication of truth and clause before me, came on to-day in correction of error, in whatever relates to art or science, I beg you, for the sake of justice, in your next Publication, to contradict an assertion which has got abroad; viz. that Mr. Rennie court. A case had been determined at the quarter sessions, who certified to me that the prisoner was not entitled to his discharge, because upon reading the record and postea in an action, it appeared to the magistrates that he had been found guilty of a violent assault; this they construed to be a malicious injury, within the clause alluded to, and therefore certified that he was not entitled to his discharge: upon this, an application was made to the judicature here, on the part of the prisoner, that, notwithstanding that certificate, he might be discharged; contending, on the part of the prisoner, that an assault was not a malicious in jury, within the contemplation of the Act. The question came on to day, was discussed at some length by Mr. Ballantyne on the part of the creditor, and Mr. Pollock on the part of the prisoner my judgment was, that an assault, however violent, could not be considered as a malicious injury within the clause in question, merely on reading the record and postea in the action. Therefore, in an action for slander where 40s. damages should only have been given, you could not discharge, and in an action for a battery where 5007. damages should have been given, you might discharge ?-That certainly might be the inference; but what led my mind to the conclusion in a great measure was, that it appeared the magistrates had not referred to any other evidence but the mere documentary evidence of the record and the postea; had they received parole evidence of the nature of the assault, sufficient to satisfy their minds that it was an assault accompanied with a malicious motive, my determination might, and probably would, have been different. Do you think it would alter the constitution of the Act, if the magistrates at sessions certified that they thought it a malicious assault?—If they had done so, they would have done right; but they had come to their conclusion by reading the record only. Do you know whether any construction was put upon that clause in the Act, by your predecessor, Mr. Serjeant Palmer-I do not know of any; if any had existed, probably they would have been cited, if applicable to the case then under discussion. Is it your opinion, that persons against whom damages may have been given for cause of action arising ex delicto have a right to their discharge, unless such de. lict should have been characterised as malicious upon the record?-1 should think they would, unless upon evidence it appeared to have been an injury of that description. The 33d clause prevents a person from being discharged, who has wantonly wasted his money in prison; if a debtor whilst in prison put his plaintiff to great expense in defending an action by sham pleas, writs of error, and bills in equity, and thus also spent his own money in an unsuccessful defence whilst in prison, would the court construe that a wilful wasting of his money whilst in prison, under this Act?-I should not. Clause 35 contains certain provisions relative to the conduct of tenants; if a tenant over-held his farm for any length of time, and put his landlord to the expense of an ejectment, would that be any bar to his discharge under this Act? -Not in my opinion. If a tenant after applying for his discharge, still held possession of lands as against his landlord, and his assignees refused to take to them, would that be any bar to his discharge? - I think not. In several instances where an insolvent has been tenant at will, or tenant by the year only, and the landlord has been desirous of having the possession delivered up previous to the discharge of the insolvent, I have interfered, by withholding the discharge till the insolvent had done justice, by giving up possession to the landlord. Did you in that respect consider yourself as acting judicially under the authority of the Act?-I did. It may be thought an excess of the jurisdiction; but I did it to advance the justice of the creditor, without sacrificing any real interest of the debtor. It would perhaps be convenient and just, as between landlord and tenant, that larger powers should be given in that respect? It might. Have any cases come before you in which tenants have obstinately withheld farms from their landlords, in order to make terms with him as to their debts?—I do not remember one.. It appears by the 55th section, that debts are to be excepted which have been contracted under any fraudulent circumstances, not specially provided for by the Act; has any construction yet been given to those words, fraudulent circumstances not specially provided for," in any case?-There have been various cases which, not coming within any of the express provisions of the Act, have been matter of discussion whether they were fraudulent or not, within the clause alluded to: it has happened frequently. - Can you inform the committee of the nature of any one of those cases, so as to give the committee an idea of what is meant by fraudulent circumstances not specially provided for?”—I remember one: An insolvent man had hired a forte-piano; after having it some time, he thought proper to dispose of it as being his own. He had sold it. He was opposed on that ground. I was quite satisfied it was a fraudulent abuse of the contract, and remanded him. The name of the prisoner was, I believe, Keeley. Have you had an opportunity of knowing, from the cases which have come before you, whether credit has been obtained by a false appearance of opulence in the debtor, or by false representations?-As to the former, I have no recollection of any; but as to the latter, many have been remanded for misrepresentations. case, the court, if necessary, would enquire into the imprudence or incaution of the creditor. Do you think the jurisdiction of the court might be usefully employed in that enquiry also?—It might. Can you suggest to the committee any defects which you have observed in the Act; and any amendments you may think it useful to add to it?Many certainly have occurred to my mind on the subject. In the first place, there is no official onth prescribed to be taken by the commissioner, which, with deference, should be done. In the next place, I submit to the committee, that the office of commissioner should be declared to be quamdiu se bene gesserit. His salary should likewise be fixed; and the fund out of which he is to be paid ascertained. There is no express power given by the Act to the commissioner to adjourn the court, which, with submission, had better be done; restricting the adjournment to a given time, not to be extended but under special circumstances. The first Act did not permit evidence by affidavits but by the amending Act of the 54th of the King, affidavits in matters of form were permitted to be taken and read, if taken by a person appointed by the commissioner. I would, with deference to the committee, have that extended to all proceedings, whether formal or not; and as this is a court for the relief of in solvents, that all affidavits, and indeed all other proceedings in the court, should be without any stamp duties at all. Another provision which 1 would suggest to the committee, is, the propriety of giving to the judicature the power to award costs in all cases in which Does the Act afford an opportunity to to the commissioner it should seem the commissioner to enquire of the cre- right. It frequently happens that an ditor, whether he has used proper cau- insolvent, who has been remanded, tion, or not, in regard to his debtor-thinking he was taken by surprise, and No; but it frequently happens, that the court feels itself called upon to make such enquiry. Perhaps the case of false appearance in life did not come before you, on account of that not being a ground of objection within the meaning of the Act? That probably may be the case. As to mere false appearances, much blame, under such circumstances, may be imputed to the creditor as well as to the debtor. What degree of blame, in such cases, do you suppose to be attributable to the creditor-Not using due caution, and making strict enquiry, as to whom he trusts. I take it to have been the object of this Act, to prevent that imprudence in creditors. The Act of Parliament is silent upon the subject of preventing improper credit?-Certainly. Does the court administer any oath to the creditor, in the course of his opposition-Yes, constantly. Then the court would enquire into the degree of caution which the creditor might have used, if it had a power?—Yes; and almost daily exercises that power, And if that want of caution had reference to any of the provisions of the Act?-Yes. But it has not?--In either or in any that he could explain his case belter at another day, applies for a rule to shew eause why he should not be brought up again, to have his ease re-beard. I have always felt myself disposed to attend to such an appiication; but with this caution, that the insolvent should not harass his creditors; and therefore in justice, whea ever i have granted a rule of that description, it has always been upon the payment of the costs of the creditor. How would you have enforced the payment of costs against the dcbior, if it had been resisted--That would G have been impossible. The court has no power, by attachment or otherwise, to compel obedience to its orders; it should therefore, with great deference, be a part of the amended Act, if the Act is to be amended, that the court should have power, by attachment or otherwise, to enforce obedience to its rules. Another important defect in the Act is, that no power is afforded to the commissioner, or to any person attached to the court, to summon any witness to appear and give evidence before the judicature; I should therefore submit, that the commissioner (in the same manner as commissioners under the Bankrupt laws) should be authorised to summon witnesses to attend and give evidence, when required: without it, the ends of justice cannot possibly be attained. Having suggested to the committee the propriety of having the compulsory process of attachment, the court should also have the power of nominating its own officers to execute its own process. Those who conduct the business of the insolvents or the creditors, are generally what are called agents; few of whom have been reguJarly bred to the profession. Insolvents, however, must of course resort to those who will effect their business at the least expense, and in truth cannot afford to pay a regular attorney or solicitor; but I submit to the committee the propriety of enacting, that the court, and the court alone, should be competent to direct who should, or should not, practise in it as agents. But though the court, being a court of record, may be competent of its own authority to say who shall or shall not practise before it, and though I have myself lately made au order that no person in future shall be allowed to practise in it without the previous consent in writing of the cominissioner, yet it might be better to make it part of the positive law, than to leave it open to doubt or mis conception. By whom and how would you propose that summonses should be served on persons in places distant from the seat of judicature?-In the same way as subpoenas or summonses are from other courts; they may in general be served by any person. Do you conceive the clause in the Act empowering the commissioner to appoint officers, with the approbation of the Lord Chancellor or Lord Keeper, insufficient for the purpose?-No; but I think it would be better in the court itself. With regard to the power of summoning witnesses, how do you propose the expense of bringing witnesses from a distance should be defrayed?-In the same manner as under the Bankrupt laws. A witness cannot be expected or compelled to attend, unless his expenses be paid or tendered by those who may require his testimony. Suppose an insolvent debtor wished for the attendance of a witness, who is to pay him?-Himself of course, out of his property in his possession. Are they not frequently in cireumstauces not to be capable of paying?Though there have been thousands discharged under the Act, many of whom must have been in a state of great poverty and distress, yet they have always had money to carry on the proceedings for their discharge. Supposing there appears upon the schedule mere wearing apparel, which is a common case; and that the creditor opposes that debtor, and a question of doubt arises, upon which it is necessary to determine whether a debtor has acted in such a manner as that he is entitled to his discharge, and that fact requires to be cleared up by evidence; and it is stated by the debtor, that he has that evidence which he names; how could you safely determine upon it, without that evidence being produced; and if it could not be produced by the debtor, must he not either be remanded, or injustice be done? That might be the result; but I never knew such a case; for if they have not the means themselves, they generally find friends to assist them under such circumstances. Could not it be remedied, by admitting the affidavit of the person in the country?-The expense would be less, but the evidence not so certain or satisfactory as might be required. It might be left to the discretion of the commissioner, to order whether or not it should be paid out of the effects of the pri souer. What mode could you point out of furnishing a debtor with the means of defraying the expenses of his witnesses, in cases where the commissioner should think their attendance necessary or advisable?-If he has no effects, to apply to the court for the purpose, stating his inability to pay; leaving it to the discretion of the court, to order the wit |