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EXERCISE XXXIX.-THE PAST. -Sprague. From the Ode pronounced at the Centennial Celebration of the Settle
ment of Boston, 1830. [Lyric verse imparts peculiar intensity to tone, and vividness to modulation.)
Peace to the mingling dead !
Chief, Pilgrim, Patriot, sleep;-
In sorrow o'er the deep.
The sun looks down in light,
The stars still run their midnight race ;
But where the bristling night-wolf sprang
Upon his startled prey,
Through many a bloody fray,
In solitude and gloom,
And dared a patriot's doom,-
Proud temples stand in beauty there;
Where once the death-whoop vexed the air ;
Beneath that chapel's holy shade :
Who, who, within that spot are laid ;-
The tardy pile, slow rising there,
All gone !'Tis ours, the goodly land,
* The Mayflower
Look round,—the heritage behold;
Then, if ye can, be cold.-
Their wealth see earth's dark caverns yield,
See ocean roll, in glory dressed, -
Hark to the shouts of praise
The pilgrim race revered !
Upon these everlasting heights,
The men that glorious law who taught,
Unshrinking liberty of thought,-
EXERCISE XL.—THE LAWYER AND THE POLITICIAN.-Murphy.
Speakers,— Quidnunc* and Codicil.t [The remarks introductory to EXERCISE XXXIII. are applicable here. The following dialogue is intended as an exercise for students at academies. The Latin words introduced should be spoken with all the assumed dignity of pedantry.]
Cod. Mr. Quidnunc, your servant. The door was open ; and I entered upon the premises :-I'm just come from the hall.
Quid. 'Sbodkins, this man has now come to keep me at home. [Aside.)
Cod. Mr. Quidnunc, I am instructed to expound the law to you.
Quid. What, the law of nations ?
Cod. I am instructed, Sir, that you're a bankrupt.-Quasi bancus ruptus-banque route faire.-And my instructions say further, that you are summoned to appear before the commissioners to-morrow.
Quid. That may be, sir ; but I can't go to-morrow; and so I shall send them word. I am to be to-morrow at Slaugh
* A crazed newspaper politician and a bankrupt. f A pedantic lawyer.
ter's Coffee House, with a private committee, about business of great consequence in the affairs of Europe.
Cod. Then, sir, if you don't go, I must instruct you that you will be guilty of a felony : it will be deemed to be done malo animo- it is held so in the books; and what
the statute? By the 5th Geo. II. chap. 30, not surrendering, or embezzling, is felony, without benefit of clergy.
Quid. Ay, you tell me news,
Cod. Give me leave, sir,- I am instructed to expound the law to you.-Felony is thus described in the books.-Felonia, saith Hotoman, (De Verbis Feudalibus,) significat capitale facinus,-a capital offence.
Quid. You tell me news; you do indeed !
Cod. It was so apprehended by the Goths and the Longbards. And what saith Sir Edward Coke? Fieri debeat felleo animo. Quid. You've told me news :- I did not know it was fel
But if the Flanders mail should come in, while I'm there, I should know nothing at all of it.
Cod. But why should you be uneasy ? cui bono, Mr. Quidnunc, cui bono Ž
Quid. Not uneasy! if the papists should beat the protestants?
Cod. But I tell you, they can get no advantage of us. The laws against the further growth of popery will secure us ; there are provisos in favour of protestant purchasers under papists.—10th Geo. I. chap. 4, and 6th Geo. II. chap. 5.
Cod. And besides, popish recusants can't carry arms; so can have no right of conquest, vi et armis.
Quid. That's true, that's true. I am easier in my mind
Cod. To be sure, what are you uneasy about? The papists can have no claim to Silesia.
Quid. Can't they?
Cod. No, they can set up no claim-if the queen, on her marriage, had put all her lands into Hotchpot; then, indeed, -and it seemeth, saith Littleton, that this word Hotchpot is, in English, a pudding
Quid. You reason very clearly, Mr. Codicil, upon the rights of the powers of war; and so now, if
will, I am ready to talk a little of my affairs.
Cod. Nor does the matter rest here; for how can she set up a claim, when she has made a conveyance to the house of Brandenburg ? The law, Mr. Quidnunc, is very severe
against fraudulent conveyances. [Codocil goes on quite inattentive to Quidnunc, who becomes very impatient.]
Quid. 'Sbodkins! you have satisfied me :
Cod. Why, therefore, then, if he will levy fines, and suffer a common recovery, he can bequeath it as he likes, in feodum simplex, provided he takes care to put in his sis heres. Quid. I am heartily glad of it:
-so that with regard to Cod. Why, then, suppose she was to bring it to a trial at bar
Quid. I say, with regard to the full disclosure of my effectsCod. What would she get by that ? it would go
upon a special pleading; and as to equity
Quid. Pray, must I, now, surrender my books and my pamphlets ?
Cod. What would equity do for her ? Equity can't relieve her; he might keep her at least twenty years before a master, to setile the account,
Quid. You have made me easy about the protestants in this war, you have, indeed. So that, with regard to my appearing before the commissioners
Cod. And as to the ban of the empire, he may demur to that: for all tenures by knight service are abolished, and the statute 12, Charles II., has declared all lands to be held under a common socage.
Quid. Pray now, Mr. Codicil, must not my creditors appear to prove my debts ?
Cod. Why, therefore, then, if they're held in common socage, I submit it to the court, whether the empire can have any claim to knight service. They can't call on him for a single man for the wars-unum hominem ad guerram.-For what is common socage ?-socagium idem est quod servitium soccae,--the service of the plough.
Quid. I'm ready to attend to them.--But, pray, now when my certificate is signed—it is of great consequence to me to know this,-I say, sir, when my certificate is signed, may n't I then,--Hey! (starting up and listening,] Hey! what do I hear?
Cod. I apprehend, I'humbly conceive, when your certificate is signed
Quid. Hold your tongue :-did I not hear the Gazette ? Newsman, [without.] Great news in the London Gazette ! Quid. Yes, yes it is,-it is the Gazette,—it is the Gazette ! Cod. The law, in that case, Mr. Quidnunc, prima facie,
Quid. I can't hear you, I have not time. [Attempts to
Cod. I say, sir, it is held in the books,
Quid. I care for no books; I want the Gazette. (Stamping with impatience.]
Cod. Throughout all the books,- (Quid, rushes out.] Bo ! he man's non compos; and his friends, instead of a commission of bankruptcy, should take out a commission of lunacy.
EXERCISE XLI.-SONNET TO AN AGED BEGGAR.—Coleridge. [An example of the softened tone of tenderness and compassion : pitch high; rate slow.) Sweet Mercy! how my very heart has bled To see thee, poor old man! and thy gray hairs, Hoar with the snowy blast: while no one cares To clothe thy shrivelled limbs and palsied head. My father! throw away this tattered vest, That mocks thee shivering! Take my garment,-use A young man's arm. I'll melt these frozen dews, That hang from thy white beard, and numb thy breast. My Sara too shall tend thee, like a child : And thou shalt talk, in our fireside's recess, Of purple pride, that scouts on wretchedness.
He did not so, the Galilean mild, Who met the lazars turned from rich men's doors, And called them friends, and healed their noi me sores !
EXERCISE XLII.-SONNET TO LAFAYETTE IN THE DUNGEON OF
OLMUTZ.—Coleridge. [An example, in the first part, of pathos and softened tone,-in the latter part, of gratulation and joy, requiring a full and swelling tone, as in exultation.] As when, far off, the warbled strains are heard, That soar on morning's wing the vales among, Within his cage, the imprisoned matin bird Swells the full chorus with a generous song, He bathes no pinion in the dewy light,No father's joy, no lover's bliss he shares, Yet still the rising radiance cheers his sight,His fellows' freedom soothes the captive's cares ;Thou, Fayette ! who didst wake, with startling voice, Life's better sun from that long wintry night,