Early tradition attributes the building of Stonehenge to the power of Merlin. It was believed that those mighty stones were whirled through the air, at his command, from Ireland to Salisbury Plain, and that he arranged them in the form in which they now stand, to commemorate for ever the unhappy fate of three hundred British chiefs, who were massacred on that spot by the Saxons.

At Abergwylly, near Caermarthen, is still shown the cave of the prophet and the scene of his incantations. How beautiful is the description of it given by Spenser in his "Faerie Queene." The lines need no apology for their repetition here, and any sketch of the great prophet of Britain would be incomplete without them :—

"There the wise Merlin, whilom wont (they say), To make his wonne low underneath the ground, In a deep delve far from the view of day, That of no living wight he mote be found, Whenso he counselled with his sprites encompassed round.

"And if thou ever happen that same way To travel, go to see that dreadful place; It is a hideous, hollow cave, they say, Under a rock that lies a little space From the swift Barry, tumbling down apace Amongst the woody hills of Dynevoure; But dare thou not, I charge, in any case, To enter into that same baleful bower, For fear the cruel fiendes should thee unwares devour!

"But, standing high aloft, low lay thine care, And there such ghastly noise of iron chaines, And brazen caudrons thou shalt rombling heare, Which thousand sprites, with long-enduring paines, Doe tosse, that it will stun thy feeble braines; And often times great groans and grievous stownds, When too huge toile and labour them constraines; And often times loud strokes and ringing sounds From under that deep rock most horribly rebounds.

"The cause, they say, is this. A little while Before that Merlin died, he did intend A brazen wall in compass, to compile About Cayr Merdin, and did it commend Unto these sprites to bring to perfect end; During which work the Lady of the Lake, Whom long he loved, for him in haste did send, Who thereby forced his workmen to forsake, Them bound till his return their labour not to slake.

"In the mean time, through that false ladie's traine, He was surprised, and buried under biere, Ne ever to his work returned again; Natheless these fiendes may not their work forbeare, So greatly his commandement they fear, But there doe toile and travaile day and night, Until that brazen wall they up doe reare." [Faerie Queene, b. 3. c. 3. s. 6—13.]

Amongst other English prophets, a belief in whose power has not been entirely effaced by the light of advancing knowledge, is Robert Nixon, the Cheshire idiot, a contemporary of Mother Shipton. The popular accounts of this man say, that he was born of poor parents, not far from Vale Royal, on the edge of the forest of Delamere. He was brought up to the plough, but was so ignorant and stupid, that nothing could be made of him. Everybody thought him irretrievably insane, and paid no attention to the strange, unconnected discourses which he held. Many of his prophecies are believed to have been lost in this manner. But they were not always destined to be wasted upon dull and inattentive ears. An incident occurred which brought him into notice, and established his fame as a prophet of the first calibre. He was ploughing in a field when he suddenly stopped from his labour, and, with a wild look and strange gestures, exclaimed, "Now, Dick! now, Harry! O, ill done, Dick! O, well done, Harry! Harry has gained the day!" His fellow labourers in the field did not know what to make of this rhapsody; but the next day cleared up the mystery. News was brought by a messenger, in hot haste, that at the very instant when Nixon had thus ejaculated, Richard III had been slain at the battle of Bosworth, and Henry VII proclaimed King of England.

It was not long before the fame of the new prophet reached the ears of the King, who expressed a wish to see and converse with him. A messenger was accordingly despatched to bring him to court; but long before he reached Cheshire, Nixon knew and dreaded the honours that awaited him. Indeed it was said, that at the very instant the King expressed the wish, Nixon was, by supernatural means, made acquainted with it, and that he ran about the town of Over in great distress of mind, calling out, like a madman, that Henry had sent for him, and that he must go to court, and be clammed; that is, starved to death. These expressions excited no little wonder; but, on the third day, the messenger arrived, and carried him to court, leaving on the minds of the good people of Cheshire an impression that their prophet was one of the greatest ever born. On his arrival King Henry appeared to be troubled exceedingly at the loss of a valuable diamond, and asked Nixon if he could inform him where it was to be found. Henry had hidden the diamond himself, with a view to test the prophet's skill. Great, therefore, was his surprise when Nixon answered him in the words of the old proverb, "Those who hide can find." From that time forth the King implicitly believed that he had the gift of prophecy, and ordered all his words to be taken down.

During all the time of his residence at court he was in constant fear of being starved to death, and repeatedly told the King that such would be his fate, if he were not allowed to depart, and return into his own country. Henry would not suffer it, but gave strict orders to all his officers and cooks to give him as much to eat as he wanted. He lived so well, that for some time he seemed to be thriving like a nobleman's steward, and growing as fat as an alderman. One day the king went out hunting, when Nixon ran to the palace gate, and entreated on his knees that he might not be left behind to be starved. The King laughed, and, calling an officer, told him to take especial care of the prophet during his absence, and rode away to the forest. After his departure, the servants of the palace began to jeer at and insult Nixon, whom they imagined to be much better treated than he deserved. Nixon complained to the officer, who, to prevent him from being further molested, locked him up in the King's own closet, and brought him regularly his four meals a day. But it so happened that a messenger arrived from the King to this officer, requiring his immediate presence at Winchester, on a matter of life and death. So great was his haste to obey the King's command, that he mounted on the horse behind the messenger, and rode off, without bestowing a thought upon poor Nixon. He did not return till three days afterwards, when, remembering the prophet for the first time, he went to the King's closet, and found him lying upon the floor, starved to death, as he had predicted.

Among the prophecies of his which are believed to have been fulfilled, are the following, which relate to the times of the Pretender :—

"A great man shall come into England, But the son of a King Shall take from him the victory."

" Crows shall drink the blood of many nobles, And the North shall rise against the South." "The cock of the North shall be made to flee, And his feather be plucked for his pride, That he shall almost curse the day that he was born,"

All these, say his admirers, are as clear as the sun at noon-day. The first denotes the defeat of Prince Charles Edward, at the battle of Culloden, by the Duke of Cumberland; the second, the execution of Lords Derwentwater, Balmerino, and Lovat; and the third, the retreat of the Pretender from the shores of Britain. Among the prophecies that still remain to be accomplished, are the following :—

"Between seven, eight, and nine, In England wonders shall be seen; Between nine and thirteen All sorrow shall be done!"

"Through our own money and our men Shall a dreadful war begin. Between the sickle and the suck All England shall have a pluck,"

"Foreign nations shall invade England with snow on their helmets, and shall bring plague, famine, and murder in the skirts of their garments."

"The town of Nantwich shall be swept away by a flood"

Of the two first of these no explanation has yet been attempted; but some event or other will doubtless be twisted into such a shape as will fit them. The third, relative to the invasion of England by a nation with snow on their helmets, is supposed by the old women to foretell most clearly the coming war with Russia. As to the last, there are not a few in the town mentioned who devoutly believe that such will be its fate. Happily for their peace of mind, the prophet said nothing of the year that was to witness the awful calamity; so that they think it as likely to be two centuries hence as now.

The popular biographers of Nixon conclude their account of him by saying, that "his prophecies are by some persons thought fables; yet by what has come to pass, it is now thought, and very plainly appears, that most of them have proved, or will prove, true; for which we, on all occasions, ought not only to exert our utmost might to repel by force our enemies, but to refrain from our abandoned and wicked course of life, and to make our continual prayer to God for protection and safety." To this, though a non sequitur, every one will cry Amen!

Besides the prophets, there have been the almanack makers, Lilly, Poor Robin, Partridge, and Francis Moore, physician, in England, and Matthew Laensbergh, in France and Belgium. But great as were their pretensions, they were modesty itself in comparison with Merlin, Shipton, and Nixon, who fixed their minds upon higher things than the weather, and who were not so restrained in their flights of fancy as to prophesy for only one year at a time. After such prophets as they, the almanack makers hardly deserve to be mentioned; no, not even the renowned Partridge, whose wonderful prognostications set all England agog in 1708, and whose death, at a time when he was still alive and kicking, was so pleasantly and satisfactorily proved by Isaac Bickerstaff. The anti-climax would be too palpable, and they and their doings must be left uncommemorated.

POPULAR ADMIRATION FOR GREAT THIEVES.

Jack. Where shall we find such another set of practical philosophers who, to a man, are above the fear of death?

Wat. Sound men and true!

Robin. Of tried courage and indefatigable industry!

Ned. Who is there here that would not die for his friend?

Harry. Who is there here that would betray him for his interest?

Mat. Show me a gang of courtiers that could say as much!

Dialogue of thieves in the Beggars' Opera.

Whether it be that the multitude, feeling the pangs of poverty, sympathise with the daring and ingenious depredators who take away the rich man's superfluity, or whether it be the interest that mankind in general feel for the records of perilous adventures, it is certain that the populace of all countries look with admiration upon great and successful thieves. Perhaps both these causes combine to invest their career with charms in the popular eye. Almost every country in Europe has its traditional thief, whose exploits are recorded with all the graces of poetry, and whose trespasses —

"— are cited up in rhymes, And sung by children in succeeding times." [Shakspeare's Rape of Lucretia.]

Those travellers who have made national manners and characteristics their peculiar study, have often observed and remarked upon this feeling. The learned Abbe le Blanc, who resided for some time in England at the commencement of the eighteenth century, says, in his amusing letters on the English and French nations, that he continually met with Englishmen who were not less vain in boasting of the success of their highwaymen than of the bravery of their troops. Tales of their address, their cunning, or their generosity, were in the mouths of everybody, and a noted thief was a kind of hero in high repute. He adds that the mob, in all countries, being easily moved, look in general with concern upon criminals going to the gallows; but an English mob looked upon such scenes with 'extraordinary interest: they delighted to see them go through their last trials with resolution, and applauded those who were insensible enough to die as they had lived, braving the justice both of God and men: such, he might have added, as the noted robber Macpherson, of whom the old ballad says—

"Sae rantingly, sae wantonly, Sae dauntingly gaed he: He played a spring, and danced it round Beneath the gallows tree."

Among these traditional thieves the most noted in England, or perhaps in any country, is Robin Hood, a name which popular affection has encircled with a peculiar halo. "He robbed the rich to give to the poor;" and his reward has been an immortality of fame, a tithe of which would be thought more than sufficient to recompense a benefactor of his species. Romance and poetry have been emulous to make him all their own; and the forest of Sherwood, in which he roamed with his merry men, armed with their long bows, and clad in Lincoln green, has become the resort of pilgrims, and a classic spot sacred to his memory. The few virtues he had, which would have ensured him no praise if he had been an honest man, have been blazoned forth by popular renown during seven successive centuries, and will never be forgotten while the English tongue endures. His charity to the poor, and his gallantry and respect for women, have made him the pre-eminent thief of all the world.

Among English thieves of a later date, who has not heard of Claude Duval, Dick Turpin, Jonathan Wild, and Jack Sheppard, those knights of the road and of the town, whose peculiar chivalry formed at once the dread and the delight of England during the eighteenth century? Turpin's fame is unknown to no portion of the male population of England after they have attained the age of ten. His wondrous ride from London to York has endeared him to the imagination of millions; his cruelty in placing an old woman upon a fire, to force her to tell him where she had hidden her money, is regarded as a good joke; and his proud bearing upon the scaffold is looked upon as a virtuous action. The Abbe le Blanc, writing in 1737, says he was continually entertained with stories of Turpin — how, when he robbed gentlemen, he would generously leave them enough to continue their journey, and exact a pledge from them never to inform against him, and how scrupulous such gentlemen were in keeping their word. He was one day told a story with which the relator was he the highest degree delighted. Turpin, or some other noted robber, stopped a man whom he knew to be very rich, with the usual salutation —"Your money or your life!" but not finding more than five or six guineas about him, he took the liberty of entreating him, in the most affable manner, never to come out so ill provided; adding that, if he fell in with him, and he had no more than such a paltry sum, he would give him a good licking. Another story, told by one of Turpin's admirers, was of a robbery he had committed upon a Mr. C. near Cambridge. He took from this gentleman his watch, his snuff-box, and all his money but two shillings, and, before he left him, required his word of honour that he would not cause him to be pursued or brought before a justice. The promise being given, they both parted very courteously. They afterwards met at Newmarket, and renewed their acquaintance. Mr. C. kept his word religiously; he not only refrained from giving Turpin into custody, but made a boast that he had fairly won some of his money back again in an honest way. Turpin offered to bet with him on some favourite horse, and Mr. C. accepted the wager with as good a grace as he could have done from the best gentleman in England. Turpin lost his bet and paid it immediately, and was so smitten with the generous behaviour of Mr. C. that he told him how deeply he regretted that the trifling affair which had happened between them did not permit them to drink together. The narrator of this anecdote was quite proud that England was the birthplace of such a highwayman.

[The Abbe, in the second volume, in the letter No. 79, dressed to Monsieur de Buffon, gives the following curious particulars of the robbers of 1757, which are not without interest at this day, if it were only to show the vast improvement which has taken place since that period :— "It is usual, in travelling, to put ten or a dozen guineas in a separate pocket, as a tribute to the first that comes to demand them: the right of passport, which custom has established here in favour of the robbers, who are almost the only highway surveyors in England, has made this necessary; and accordingly the English call these fellows the 'Gentlemen of the Road,' the government letting them exercise their jurisdiction upon travellers without giving them any great molestation. To say the truth, they content themselves with only taking the money of those who obey without disputing; but notwithstanding their boasted humanity, the lives of those who endeavour to get away are not always safe. They are very strict and severe in levying their impost; and if a man has not wherewithal to pay them, he may run the chance of getting himself knocked on the head for his poverty.

"About fifteen years ago, these robbers, with the view of maintaining their rights, fixed up papers at the doors of rich people about London, expressly forbidding all persons, of whatsoever quality or condition, from going out of town without ten guineas and a watch about them, on pain of death. In bad times, when there is little or nothing to be got on the roads, these fellows assemble in gangs, to raise contributions even in London itself; and the watchmen seldom trouble themselves to interfere with them in their vocation."]

Not less familiar to the people of England is the career of Jack Sheppard, as brutal a ruffian as ever disgraced his country, but who has claims upon the popular admiration which are very generally acknowledged. He did not, like Robin Hood, plunder the rich to relieve the poor, nor rob with an uncouth sort of courtesy, like Turpin; but he escaped from Newgate with the fetters on his limbs. This achievement, more than once repeated, has encircled his felon brow with the wreath of immortality, and made him quite a pattern thief among the populace. He was no more than twenty-three years of age at the time of his execution, and he died much pitied by the crowd. His adventures were the sole topics of conversation for months; the print-shops were filled with his effigies, and a fine painting of him was made by Sir Richard Thornhill. The following complimentary verses to the artist appeared in the "British Journal" of November 28th, 1724.

"Thornhill! 'tis thine to gild with fame Th' obscure, and raise the humble name; To make the form elude the grave, And Sheppard from oblivion save!

Apelles Alexander drew— Cesar is to Aurelius due; Cromwell in Lilly's works doth shine, And Sheppard, Thornhill, lives in thine!"

So high was Jack's fame that a pantomime entertainment, called "Harlequin Jack Sheppard," was devised by one Thurmond, and brought out with great success at Drury Lane Theatre. All the scenes were painted from nature, including the public-house that the robber frequented in Claremarket, and the condemned cell from which he had made his escape in Newgate.

The Rev. Mr. Villette, the editor of the "Annals of Newgate," published in 1754, relates a curious sermon which, he says, a friend of his heard delivered by a street-preacher about the time of Jack's execution. The orator, after animadverting on the great care men took of their bodies, and the little care they bestowed upon their souls, continued as follows, by way of exemplifying the position:— "We have a remarkable instance of this in a notorious malefactor, well known by the name of Jack Sheppard. What amazing difficulties has he overcome! what astonishing things has he performed! and all for the sake of a stinking, miserable carcass; hardly worth the hanging! How dexterously did he pick the chain of his padlock with a crooked nail! how manfully he burst his fetters asunder! — climb up the chimney! — wrench out an iron bar! — break his way through a stone wall! — make the strong door of a dark entry fly before him, till he got upon the leads of the prison! then, fixing a blanket to the wall with a spike, he stole out of the chapel. How intrepidly did he descend to the top of the turner's house! — how cautiously pass down the stair, and make his escape to the street door!

"Oh! that ye were all like Jack Sheppard! Mistake me not, my brethren; I don't mean in a carnal, but in a spiritual sense, for I propose to spiritualise these things. What a shame it would be if we should not think it worth our while to take as much pains, and employ as many deep thoughts, to save our souls as he has done to preserve his body!

"Let me exhort ye, then, to open the locks of your hearts with the nail of repentance! Burst asunder the fetters of your beloved lusts! — mount the chimney of hope! — take from thence the bar of good resolution! — break through the stone wall of despair, and all the strongholds in the dark entry of the valley of the shadow of death! Raise yourselves to the leads of divine meditation! — fix the blanket of faith with the spike of the church! let yourselves down to the turner's house of re signation, and descend the stairs of humility! So shall you come to the door of deliverance from the prison of iniquity, and escape the clutches of that old executioner the Devil!"

But popular as the name of Jack Sheppard was immediately after he had suffered the last penalty of his crimes, it was as nothing compared to the vast renown which he has acquired in these latter days, after the lapse of a century and a quarter. Poets too often, are not fully appreciated till they have been dead a hundred years, and thieves, it would appear, share the disadvantage. But posterity is grateful if our contemporaries are not; and Jack Sheppard, faintly praised in his own day, shines out in ours the hero of heroes, preeminent above all his fellows. Thornhill made but one picture of the illustrious robber, but Cruikshank has made dozens, and the art of the engraver has multiplied them into thousands and tens of thousands, until the populace of England have become as familiar with Jack's features as they are with their own. Jack, the romantic, is the hero of three goodly volumes, and the delight of the circulating libraries; and the theatres have been smitten with the universal enthusiasm. Managers have set their playmongers at work, and Jack's story has been reproduced in the shape of drama, melodrama, and farce, at half a dozen places of entertainment at once. Never was such a display of popular regard for a hero as was exhibited in London in 1840 for the renowned Jack Sheppard: robbery acquired additional lustre in the popular eye, and not only Englishmen, but foreigners, caught the contagion; and one of the latter, fired by the example, robbed and murdered a venerable, unoffending, and too confiding nobleman, whom it was his especial duty to have obeyed and protected. But he was a coward and a wretch; — it was a solitary crime — he had not made a daring escape from dungeon walls, or ridden from London to York, and he died amid the execrations of the people, affording a melancholy exemplification of the trite remark, that every man is not great who is desirous of being so.

Jonathan Wild, whose name has been immortalised by Fielding, was no favourite with the people. He had none of the virtues which, combined with crimes, make up the character of the great thief. He was a pitiful fellow, who informed against his comrades, and was afraid of death. This meanness was not to be forgiven by the crowd, and they pelted him with dirt and stones on his way to Tyburn, and expressed their contempt by every possible means. How different was their conduct to Turpin and Jack Sheppard, who died in their neatest attire, with nosegays in their button-holes, and with the courage that a crowd expects! It was anticipated that the body of Turpin would have been delivered up to the surgeons for dissection, and the people seeing some men very busily employed in removing it, suddenly set upon them, rescued the body, bore it about the town in triumph, and then buried it in a very deep grave, filled with quick-lime, to hasten the progress of decomposition. They would not suffer the corpse of their hero, of the man who had ridden from London to York in four-and-twenty hours to be mangled by the rude hands of unmannerly surgeons.

The death of Claude Duval would appear to have been no less triumphant. Claude was a gentlemanly thief. According to Butler, in the famous ode to his memory, he

"Taught the wild Arabs of the road To rob in a more gentle mode; Take prizes more obligingly than those Who never had breen bred filous; And how to hang in a more graceful fashion Than e'er was known before to the dull English nation."

In fact, he was the pink of politeness, and his gallantry to the fair sex was proverbial. When he was caught at last, pent in "stone walls and chains and iron grates," — their grief was in proportion to his rare merits and his great fame. Butler says, that to his dungeon

"— came ladies from all parts, To offer up close prisoners their hearts, Which he received as tribute due— * * * * Never did bold knight, to relieve Distressed dames, such dreadful feats achieve, As feeble damsels, for his sake, Would have been proud to undertake, And, bravely ambitious to redeem The world's loss and their own, Strove who should have the honour to lay down, And change a life with him."

Among the noted thieves of France, there is none to compare with the famous Aimerigot Tetenoire, who flourished in the reign of Charles VI. This fellow was at the head of four or five hundred men, and possessed two very strong castles in Limousin and Auvergne. There was a good deal of the feudal baron about him, although he possessed no revenues but such as the road afforded him. At his death he left a singular will. "I give and bequeath," said the robber, "one thousand five hundred francs to St. George's Chapel, for such repairs as it may need. To my sweet girl who so tenderly loved me, I give two thousand five hundred; and the surplus I give to my companions. I hope they will all live as brothers, and divide it amicably among them. If they cannot agree, and the devil of contention gets among them, it is no fault of mine; and I advise them to get a good strong, sharp axe, and break open my strong box. Let them scramble for what it contains, and the Devil seize the hindmost." The people of Auvergne still recount with admiration the daring feats of this brigand.

Of later years, the French thieves have been such unmitigated scoundrels as to have left but little room for popular admiration. The famous Cartouche, whose name has become synonymous with ruffian in their language, had none of the generosity, courtesy, and devoted bravery which are so requisite to make a robber-hero. He was born at Paris, towards the end of the seventeenth century, and broken alive on the wheel in November 1727. He was, however, sufficiently popular to have been pitied at his death, and afterwards to have formed the subject of a much admired drama, which bore his name, and was played with great success in all the theatres of France during the years 1734, 5, and 6. In our own day the French have been more fortunate in a robber; Vidocq bids fair to rival the fame of Turpin and Jack Sheppard. Already he has become the hero of many an apocryphal tale — already his compatriots boast of his manifold achievements, and express their doubts whether any other country in Europe could produce a thief so clever, so accomplished, so gentlemanly, as Vidocq.

Germany has its Schinderhannes, Hungary its Schubry, and Italy and Spain a whole host of brigands, whose names and exploits are familiar as household words in the mouths of the children and populace of those countries. The Italian banditti are renowned over the world; and many of them are not only very religious (after a fashion), but very charitable. Charity from such a source is so unexpected, that the people dote upon them for it. One of them, when he fell into the hands of the police, exclaimed, as they led him away, "Ho fatto pitt carita!" — "I have given away more in charity than any three convents in these provinces." And the fellow spoke truth.

In Lombardy, the people cherish the memory of two notorious robbers, who flourished about two centuries ago under the Spanish government. Their story, according to Macfarlane, is contained in a little book well known to all the children of the province, and read by them with much more gusto than their Bibles.

Schinderhannes, the robber of the Rhine, is a great favourite on the banks of the river which he so long kept in awe. Many amusing stories are related by the peasantry of the scurvy tricks he played off upon rich Jews, or too-presuming officers of justice — of his princely generosity, and undaunted courage. In short, they are proud of him, and would no more consent to have the memory of his achievements dissociated from their river than they would to have the rock of Ehrenbreitstein blown to atoms by gunpowder.

There is another robber-hero, of whose character and exploits the people of Germany speak admiringly. Mausch Nadel was captain of a considerable band that infested the Rhine, Switzerland, Alsatia, and Lorraine during the years 1824, 5, and 6. Like Jack Sheppard, he endeared himself to the populace by his most hazardous escape from prison. Being confined, at Bremen, in a dungeon, on the third story of the prison of that town, he contrived to let himself down without exciting the vigilance of the sentinels, and to swim across the Weser, though heavily laden with irons. When about half way over, he was espied by a sentinel, who fired at him, and shot him in the calf of the leg: but the undaunted robber struck out manfully, reached the shore, and was out of sight before the officers of justice could get ready their boats to follow him. He was captured again in 1826, tried at Mayence, and sentenced to death. He was a tall, strong, handsome man, and his fate, villain as he was, excited much sympathy all over Germany. The ladies especially were loud in their regret that nothing could be done to save a hero so good-looking, and of adventures so romantic, from the knife of the headsman.

Mr. Macfarlane, in speaking of Italian banditti, remarks, that the abuses of the Catholic religion, with its confessions and absolutions, have tended to promote crime of this description. But, he adds, more truly, that priests and monks have not done half the mischief which has been perpetrated by ballad-mongers and story-tellers. If he had said play-wrights also, the list would have been complete. In fact, the theatre, which can only expect to prosper, in a pecuniary sense, by pandering to the tastes of the people, continually recurs to the annals of thieves and banditti for its most favourite heroes. These theatrical robbers; with their picturesque attire, wild haunts, jolly, reckless, devil-may-care manners, take a wonderful hold upon the imagination, and, whatever their advocates may say to the contrary, exercise a very pernicious influence upon public morals. In the Memoirs of the Duke of Guise upon the Revolution of Naples in 1647 and 1648, it is stated, that the manners, dress, and mode of life of the Neapolitan banditti were rendered so captivating upon the stage, that the authorities found it absolutely necessary to forbid the representation of dramas in which they figured, and even to prohibit their costume at the masquerades. So numerous were the banditti at this time, that the Duke found no difficulty in raising an army of. them, to aid him in his endeavours to seize on the throne of Naples. He thus describes them; [See also "Foreign Quarterly Review," vol. iv. p. 398.]

"They were three thousand five hundred men, of whom the oldest came short of five and forty years, and the youngest was above twenty. They were all tall and well made, with long black hair, for the most part curled, coats of black Spanish leather, with sleeves of velvet, or cloth of gold, cloth breeches with gold lace, most of them scarlet; girdles of velvet, laced with gold, with two pistols on each side; a cutlass hanging at a belt, suitably trimmed, three fingers broad and two feet long; a hawking-bag at their girdle, and a powder-flask hung about their neck with a great silk riband. Some of them carried firelocks, and others blunder-busses; they had all good shoes, with silk stockings, and every one a cap of cloth of gold, or cloth of silver, of different colours, on his head, which was very delightful to the eye."

"The Beggars' Opera," in our own country, is another instance of the admiration that thieves excite upon the stage. Of the extraordinary success of this piece, when first produced, the following account is given in the notes to "The Dunciad," and quoted by Johnson in his "Lives of the Poets." "This piece was received with greater applause than was ever known. Besides being acted in London sixty-three days without interruption, and renewed the next season with equal applause, it spread into all the great towns of England; was played in many places to the thirtieth and fortieth time; at Bath and Bristol, &c. fifty. It made its progress into Wales, Scotland, and Ireland, where it was performed twenty-four days successively. The ladies carried about with them the favourite songs of it in fans, and houses were furnished with it in screens. The fame of it was not confined to the author only. The person who acted Polly, till then obscure, became all at once the favourite of the town; [Lavinia Fenton, afterwards Duchess of Bolton.] her pictures were engraved and sold in great numbers; her life written, books of letters and verses to her published, and pamphlets made even of her sayings and jests. Furthermore, it drove out of England, for that season, the Italian Opera, which had carried all before it for ten years." Dr. Johnson, in his Life of the Author, says, that Herring, afterwards Archbishop of Canterbury, censured the opera, as giving encouragement, not only to vice, but to crimes, by making the highwayman the hero, and dismissing him at last unpunished; and adds, that it was even said, that after the exhibition the gangs of robbers were evidently multiplied. The Doctor doubts the assertion, giving as his reason that highwaymen and housebreakers seldom frequent the playhouse, and that it was not possible for any one to imagine that he might rob with safety, because he saw Macheath reprieved upon the stage. But if Johnson had wished to be convinced, he might very easily have discovered that highwaymen and housebreakers did frequent the theatre, and that nothing was more probable than that a laughable representation of successful villany should induce the young and the already vicious to imitate it. Besides, there is the weighty authority of Sir John Fielding, the chief magistrate of Bow Street, who asserted positively, and proved his assertion by the records of his office, that the number of thieves was greatly increased at the time when that opera was so popular.

We have another instance of the same result much nearer our own times. Schiller's "Rauber," that wonderful play, written by a green youth, perverted the taste and imagination of all the young men in Germany. An accomplished critic of our own country (Hazlitt), speaking of this play, says it was the first he ever read, and such was the effect it produced on him, that "it stunned him, like a blow." After the lapse of five-and-twenty years he could not forget it; it was still, to use his own words, "an old dweller in the chambers of his brain," and he had not even then recovered enough from it, to describe how it was. The high-minded, metaphysical thief, its hero, was so warmly admired, that several raw students, longing to imitate a character they thought so noble, actually abandoned their homes and their colleges, and betook themselves to the forests and wilds to levy contributions upon travellers. They thought they would, like Moor, plunder the rich, and deliver eloquent soliloquies to the setting sun or the rising moon; relieve the poor when they met them, and drink flasks of Rhenish with their free companions in rugged mountain passes, or in tents in the thicknesses of the forests. But a little experience wonderfully cooled their courage; they found that real, every-day robbers were very unlike the conventional banditti of the stage, and that three months in prison, with bread and water for their fare, and damp straw to lie upon, was very well to read about by their own fire sides, but not very agreeable to undergo in their own proper persons.

Lord Byron, with his soliloquising, high-souled thieves, has, in a slight degree, perverted the taste of the greenhorns and incipient rhymesters of his country. As yet, however, they have shown more good sense than their fellows of Germany, and have not taken to the woods or the highways. Much as they admire Conrad the Corsair, they will not go to sea, and hoist the black flag in emulation of him. By words only, and not by deeds, they testify their admiration, and deluge the periodicals and music shops of the hand with verses describing pirates' and bandits' brides, and robber adventures of every kind.

But it is the play-wright who does most harm; and Byron has fewer sins of this nature to answer for than Gay or Schiller, and the modern dramatizers of Jack Sheppard. With the aid of scenery, fine dresses, and music, and the very false notions they convey, they vitiate the public taste, not knowing,

"—————- vulgaires rimeurs Quelle force ont les arts pour demolir les moeurs."

In the penny theatres that abound in the poor and populous districts of London, and which are chiefly frequented by striplings of idle and dissolute habits, tales of thieves and murderers are more admired, and draw more crowded audiences, than any other species of representation. There the footpad, the burglar, and the highwayman are portrayed in unnatural colours, and give pleasant lessons in crime to their delighted listeners. There the deepest tragedy and the broadest farce are represented in the career of the murderer and the thief, and are applauded in proportion to their depth and their breadth. There, whenever a crime of unusual atrocity is committed, it is brought out afresh, with all its disgusting incidents copied from the life, for the amusement of those who will one day become its imitators.

With the mere reader the case is widely different; and most people have a partiality for knowing the adventures of noted rogues. Even in fiction they are delightful: witness the eventful story of Gil Blas de Santillane, and of that great rascal Don Guzman d'Alfarache. Here there is no fear of imitation. Poets, too, without doing mischief, may sing of such heroes when they please, wakening our sympathies for the sad fate of Gilderoy, or Macpherson the Dauntless; or celebrating in undying verse the wrongs and the revenge of the great thief of Scotland, Rob Roy. If, by the music of their sweet rhymes, they can convince the world that such heroes are but mistaken philosophers, born a few ages too late, and having both a theoretical and practical love for

"The good old rule, the simple plan, That they should take who have the power, That they should keep who can,"

the world may, perhaps, become wiser, and consent to some better distribution of its good things, by means of which thieves may become reconciled to the age, and the age to them. The probability, however, seems to be, that the charmers will charm in vain, charm they ever so wisely.

INFLUENCE OF POLITICS AND RELIGION ON THE HAIR AND BEARD.

Speak with respect and honour Both of the beard and the beard's owner. HUDIBRAS,

The famous declaration of St. Paul, "that long hair was a shame unto a man" has been made the pretext for many singular enactments, both of civil and ecclesiastical governments. The fashion of the hair and the cut of the beard were state questions in France and England from the establishment of Christianity until the fifteenth century.

We find, too, that in much earlier times men were not permitted to do as they liked with their own hair. Alexander the Great thought that the beards of his soldiery afforded convenient handles for the enemy to lay hold of, preparatory to cutting off their heads; and, with the view of depriving them of this advantage, he ordered the whole of his army to be closely shaven. His notions of courtesy towards an enemy were quite different from those entertained by the North American Indians, amongst whom it is held a point of honour to allow one "chivalrous lock" to grow, that the foe, in taking the scalp, may have something to catch hold of.

At one time, long hair was the symbol of sovereignty in Europe. We learn from Gregory of Tours that, among the successors of Clovis, it was the exclusive privilege of the royal family to have their hair long, and curled. The nobles, equal to kings in power, would not show any inferiority in this respect, and wore not only their hair, but their beards, of an enormous length. This fashion lasted, with but slight changes, till the time of Louis the Debonnaire, but his successors, up to Hugh Capet, wore their hair short, by way of distinction. Even the serfs had set all regulation at defiance, and allowed their locks and beards to grow.

At the time of the invasion of England by William the Conqueror, the Normans wore their hair very short. Harold, in his progress towards Hastings, sent forward spies to view the strength and number of the enemy. They reported, amongst other things, on their return, that "the host did almost seem to be priests, because they had all their face and both their lips shaven." The fashion among the English at the time was to wear the hair long upon the head and the upper lip, but to shave the chin. When the haughty victors had divided the broad lands of the Saxon thanes and franklins among them, when tyranny of every kind was employed to make the English feel that they were indeed a subdued and broken nation, the latter encouraged the growth of their hair, that they might resemble as little as possible their cropped and shaven masters.

This fashion was exceedingly displeasing to the clergy, and prevailed to a considerable extent in France and Germany. Towards the end of the eleventh century, it was decreed by the Pope, and zealously supported by the ecclesiastical authorities all over Europe, that such persons as wore long hair should be excommunicated while living, and not be prayed for when dead. William of Malmesbury relates, that the famous St. Wulstan, Bishop of Worcester, was peculiarly indignant whenever he saw a man with long hair. He declaimed against the practice as one highly immoral, criminal, and beastly. He continually carried a small knife in his pocket, and whenever anybody, offending in this respect, knelt before him to receive his blessing, he would whip it out slily, and cut off a handful, and then, throwing it in his face, tell him to cut off all the rest, or he would go to hell.

But fashion, which at times it is possible to move with a wisp, stands firm against a lever; and men preferred to run the risk of damnation to parting with the superfluity of their hair. In the time of Henry I, Anselm, Archbishop of Canterbury, found it necessary to republish the famous decree of excommunication and outlawry against the offenders; but, as the court itself had begun to patronize curls, the fulminations of the church were unavailing. Henry I and his nobles wore their hair in long ringlets down their backs and shoulders, and became a scandalum magnatum in the eyes of the godly. One Serlo, the King's chaplain, was so grieved in spirit at the impiety of his master, that he preached a sermon from the well-known text of St. Paul, before the assembled court, in which he drew so dreadful a picture of the torments that awaited them in the other world, that several of them burst into tears, and wrung their hair, as if they would have pulled it out by the roots. Henry himself was observed to weep. The priest, seeing the impression he had made, determined to strike while the iron was hot, and, pulling a pair of scissors from his pocket, cut the king's hair in presence of them all. Several of the principal courtiers consented to do the like, and, for a short time, long hair appeared to be going out of fashion. But the courtiers thought, after the first glow of their penitence had been cooled by reflection, that the clerical Dalilah had shorn them of their strength, and, in less than six months, they were as great sinners as ever.

Anselm, the Archbishop of Canterbury, who had been a monk of Bec, in Normandy, and who had signalized himself at Rouen by his fierce opposition to long hair, was still anxious to work a reformation in this matter. But his pertinacity was far from pleasing to the King, who had finally made up his mind to wear ringlets. There were other disputes, of a more serious nature, between them; so that when the Archbishop died, the King was so glad to be rid of him, that he allowed the see to remain vacant for five years. Still the cause had other advocates, and every pulpit in the land resounded with anathemas against that disobedient and long-haired generation. But all was of no avail. Stowe, in writing of this period, asserts, on the authority of some more ancient chronicler, "that men, forgetting their birth, transformed themselves, by the length of their haires, into the semblance of woman kind;" and that when their hair decayed from age, or other causes, "they knit about their heads certain rolls and braidings of false hair." At last accident turned the tide of fashion. A knight of the court, who was exceedingly proud of his beauteous locks, dreamed one night that, as he lay in bed, the devil sprang upon him, and endeavoured to choke him with his own hair. He started in affright, and actually found that he had a great quantity of hair in his mouth. Sorely stricken in conscience, and looking upon the dream as a warning from Heaven, he set about the work of reformation, and cut off his luxuriant tresses the same night. The story was soon bruited abroad; of course it was made the most of by the clergy, and the knight, being a man of influence and consideration, and the acknowledged leader of the fashion, his example, aided by priestly exhortations, was very generally imitated. Men appeared almost as decent as St. Wulstan himself could have wished, the dream of a dandy having proved more efficacious than the entreaties of a saint. But, as Stowe informs us, "scarcely was one year past, when all that thought themselves courtiers fell into the former vice, and contended with women in their long haires." Henry, the King, appears to have been quite uninfluenced by the dreams of others, for even his own would not induce him a second time to undergo a cropping from priestly shears. It is said, that he was much troubled at this time by disagreeable visions. Having offended the church in this and other respects, he could get no sound refreshing sleep, and used to imagine that he saw all the bishops, abbots, and monks of every degree, standing around his bed-side, and threatening to belabour him with their pastoral staves; which sight, we are told, so frightened him, that he often started naked out of his bed, and attacked the phantoms sword in hand. Grimbalde, his physician, who, like most of his fraternity at that day, was an ecclesiastic, never hinted that his dreams were the result of a bad digestion, but told him to shave his head, be reconciled to the Church, and reform himself with alms and prayer. But he would not take this good advice, and it was not until he had been nearly drowned a year afterwards, in a violent storm at sea, that he repented of his evil ways, cut his hair short, and paid proper deference to the wishes of the clergy.

In France, the thunders of the Vatican with regard to long curly hair were hardly more respected than in England. Louis VII. however, was more obedient than his brother-king, and cropped himself as closely as a monk, to the great sorrow of all the gallants of his court. His Queen, the gay, haughty, and pleasure-seeking Eleanor of Guienne, never admired him in this trim, and continually reproached him with imitating, not only the headdress, but the asceticism of the monks. From this cause, a coldness arose between them. The lady proving at last unfaithful to her shaven and indifferent lord, they were divorced, and the Kings of France lost the rich provinces of Guienne and Poitou, which were her dowry. She soon after bestowed her hand and her possessions upon Henry Duke of Normandy, afterwards Henry II of England, and thus gave the English sovereigns that strong footing in France which was for so many centuries the cause of such long and bloody wars between the nations.

When the Crusades had drawn all the smart young fellows into Palestine, the clergy did not find it so difficult to convince the staid burghers who remained in Europe, of the enormity of long hair. During the absence of Richard Coeur de Lion, his English subjects not only cut their hair close, but shaved their faces. William Fitzosbert, or Long-beard, the great demagogue of that day, reintroduced among the people who claimed to be of Saxon origin the fashion of long hair. He did this with the view of making them as unlike as possible to the citizens and the Normans. He wore his own beard hanging down to his waist, from whence the name by which he is best known to posterity.

The Church never showed itself so great an enemy to the beard as to long hair on the head. It generally allowed fashion to take its own course, both with regard to the chin and the upper lip. This fashion varied continually; for we find that, in little more than a century after the time of Richard I, when beards were short, that they had again become so long as to be mentioned in the famous epigram made by the Scots who visited London in 1327, when David, son of Robert Bruce, was married to Joan, the sister of King Edward. This epigram, which was stuck on the church-door of St. Peter Stangate, ran as follows—

"Long beards heartlesse, Painted hoods witlesse, Gray coats gracelesse, Make England thriftlesse."

When the Emperor Charles V. ascended the throne of Spain, he had no beard. It was not to be expected that the obsequious parasites who always surround a monarch, could presume to look more virile than their master. Immediately all the courtiers appeared beardless, with the exception of such few grave old men as had outgrown the influence of fashion, and who had determined to die bearded as they had lived. Sober people in general saw this revolution with sorrow and alarm, and thought that every manly virtue would be banished with the beard. It became at the time a common saying,—

"Desde que no hay barba, no hay mas alma." We have no longer souls since we have lost our beards.

In France, also, the beard fell into disrepute after the death of Henry IV, from the mere reason that his successor was too young to have one. Some of the more immediate friends of the great Bearnais, and his minister Sully among the rest, refused to part with their beards, notwithstanding the jeers of the new generation.

Who does not remember the division of England into the two great parties of Roundheads and Cavaliers? In those days, every species of vice and iniquity was thought by the Puritans to lurk in the long curly tresses of the Monarchists, while the latter imagined that their opponents were as destitute of wit, of wisdom, and of virtue, as they were of hair. A man's locks were the symbol of his creed, both in politics and religion. The more abundant the hair, the more scant the faith; and the balder the head, the more sincere the piety.

But among all the instances of the interference of governments with men's hair, the most extraordinary, not only for its daring, but for its success is that of Peter the Great, in 1705. By this time, fashion had condemned the beard in every other country in Europe, and with a voice more potent than Popes or Emperors, had banished it from civilized society. But this only made the Russians cling more fondly to their ancient ornament, as a mark to distinguish them from foreigners, whom they hated. Peter, however resolved that they should be shaven. If he had been a man deeply read in history, he might have hesitated before he attempted so despotic an attack upon the time-hallowed customs and prejudices of his countrymen; but he was not. He did not know or consider the danger of the innovation; he only listened to the promptings of his own indomitable will, and his fiat went forth, that not only the army, but all ranks of citizens, from the nobles to the serfs, should shave their beards. A certain time was given, that people might get over the first throes of their repugnance, after which every man who chose to retain his beard was to pay a tax of one hundred roubles. The priests and the serfs were put on a lower footing, and allowed to retain theirs upon payment of a copeck every time they passed the gate of a city. Great discontent existed in consequence, but the dreadful fate of the Strelitzes was too recent to be forgotten, and thousands who had the will had not the courage to revolt. As is well remarked by a writer in the "Encyclopedia Britannica," they thought it wiser to cut off their beards than to run the risk of incensing a man who would make no scruple in cutting off their heads. Wiser, too, than the popes and bishops of a former age, he did not threaten them with eternal damnation, but made them pay in hard cash the penalty of their disobedience. For many years, a very considerable revenue was collected from this source. The collectors gave in receipt for its payment a small copper coin, struck expressly for the purpose, and called the "borodovaia," or "the bearded." On one side it bore the figure of a nose, mouth, and moustachios, with a long bushy beard, surmounted by the words, "Deuyee Vyeatee," "money received;" the whole encircled by a wreath, and stamped with the black eagle of Russia. On the reverse, it bore the date of the year. Every man who chose to wear a beard was obliged to produce this receipt on his entry into a town. Those who were refractory, and refused to pay the tax, were thrown into prison.

Since that day, the rulers of modern Europe have endeavoured to persuade, rather than to force, in all matters pertaining to fashion. The Vatican troubles itself no more about beards or ringlets, and men may become hairy as bears, if such is their fancy, without fear of excommunication or deprivation of their political rights. Folly has taken a new start, and cultivates the moustachio.

Even upon this point governments will not let men alone. Religion as yet has not meddled with it; but perhaps it will; and politics already influence it considerably. Before the revolution of 1830, neither the French nor Belgian citizens were remarkable for their moustachios; but, after that event, there was hardly a shopkeeper either in Paris or Brussels whose upper lip did not suddenly become hairy with real or mock moustachios. During a temporary triumph gained by the Dutch soldiers over the citizens of Louvain, in October 1830, it became a standing joke against the patriots, that they shaved their faces clean immediately; and the wits of the Dutch army asserted, that they had gathered moustachios enough from the denuded lips of the Belgians to stuff mattresses for all the sick and wounded in their hospital.

The last folly of this kind is still more recent. In the German newspapers, of August 1838, appeared an ordonnance, signed by the King of Bavaria, forbidding civilians, on any pretence whatever, to wear moustachios, and commanding the police and other authorities to arrest, and cause to be shaved, the offending parties. "Strange to say," adds "Le Droit," the journal from which this account is taken, "moustachios disappeared immediately, like leaves from the trees in autumn; everybody made haste to obey the royal order, and not one person was arrested.

The King of Bavaria, a rhymester of some celebrity, has taken a good many poetical licences in his time. His licence in this matter appears neither poetical nor reasonable. It is to be hoped that he will not take it into his royal head to make his subjects shave theirs; nothing but that is wanting to complete their degradation.

DUELS AND ORDEALS

There was an ancient sage philosopher, Who swore the world, as he could prove, Was mad of fighting. * * *

Hudibras,

Most writers, in accounting for the origin of duelling, derive it from the warlike habits of those barbarous nations who overran Europe in the early centuries of the Christian era, and who knew no mode so effectual for settling their differences as the point of the sword. In fact, duelling, taken in its primitive and broadest sense, means nothing more than combatting, and is the universal resort of all wild animals, including man, to gain or defend their possessions, or avenge their insults. Two dogs who tear each other for a bone, or two bantams fighting on a dunghill for the love of some beautiful hen, or two fools on Wimbledon Common, shooting at each other to satisfy the laws of offended honour, stand on the same footing in this respect, and are, each and all, mere duellists. As civilization advanced, the best informed men naturally grew ashamed of such a mode of adjusting disputes, and the promulgation of some sort of laws for obtaining redress for injuries was the consequence. Still there were many cases in which the allegations of an accuser could not be rebutted by any positive proof on the part of the accused; and in all these, which must have been exceedingly numerous in the early stages of European society, the combat was resorted to. From its decision there was no appeal. God was supposed to nerve the arm of the combatant whose cause was just, and to grant him the victory over his opponent. As Montesquieu well remarks, ["Esprit des Loix," liv. xxviii. chap. xvii.] this belief was not unnatural among a people just emerging from barbarism. Their manners being wholly warlike, the man deficient in courage, the prime virtue of his fellows, was not unreasonably suspected of other vices besides cowardice, which is generally found to be co-existent with treachery. He, therefore, who showed himself most valiant in the encounter, was absolved by public opinion from any crime with which he might be charged. As a necessary consequence, society would have been reduced to its original elements, if the men of thought, as distinguished from the men of action, had not devised some means for taming the unruly passions of their fellows. With this view, governments commenced by restricting within the narrowest possible limits the cases in which it was lawful to prove or deny guilt by the single combat. By the law of Gondebaldus, King of the Burgundians, passed in the year 501, the proof by combat was allowed in all legal proceedings, in lieu of swearing. In the time of Charlemagne, the Burgundian practice had spread over the empire of the Francs, and not only the suitors for justice, but the witnesses, and even the judges, were obliged to defend their cause, their evidence, or their decision, at the point of the sword. Louis the Debonnaire, his successor, endeavoured to remedy the growing evil, by permitting the duel only in appeals of felony, in civil cases, or issue joined in a writ of right, and in cases of the court of chivalry, or attacks upon a man's knighthood. None were exempt from these trials, but women, the sick and the maimed, and persons under fifteen or above sixty years of age. Ecclesiastics were allowed to produce champions in their stead. This practice, in the course of time, extended to all trials of civil and criminal cases, which had to be decided by battle.

The clergy, whose dominion was an intellectual one, never approved of a system of jurisprudence which tended so much to bring all things under the rule of the strongest arm. From the first they set their faces against duelling, and endeavoured, as far as the prejudices of their age would allow them, to curb the warlike spirit, so alien from the principles of religion. In the Council of Valentia, and afterwards in the Council of Trent, they excommunicated all persons engaged in duelling, and not only them, but even the assistants and spectators, declaring the custom to be hellish and detestable, and introduced by the Devil for the destruction both of body and soul. They added, also, that princes who connived at duels, should be deprived of all temporal power, jurisdiction, and dominion over the places where they had permitted them to be fought. It will be seen hereafter that this clause only encouraged the practice which it was intended to prevent.

But it was the blasphemous error of these early ages to expect that the Almighty, whenever he was called upon, would work a miracle in favour of a person unjustly accused. The priesthood, in condemning the duel, did not condemn the principle on which it was founded. They still encouraged the popular belief of Divine interference in all the disputes or differences that might arise among nations or individuals. It was the very same principle that regulated the ordeals, which, with all their influence, they supported against the duel. By the former, the power of deciding the guilt or innocence was vested wholly in their hands, while, by the latter, they enjoyed no power or privilege at all. It is not to be wondered at, that for this reason, if for no other, they should have endeavoured to settle all differences by the peaceful mode. While that prevailed, they were as they wished to be, the first party in the state; but while the strong arm of individual prowess was allowed to be the judge in all doubtful cases, their power and influence became secondary to those of nobility.

Thus, it was not the mere hatred of bloodshed which induced them to launch the thunderbolts excommunication against the combatants; it a desire to retain the power, which, to do them justice, they were, in those times, the persons best qualified to wield. The germs of knowledge and civilization lay within the bounds of their order; for they were the representatives of the intellectual, as the nobility were of the physical power of man. To centralize this power in the Church, and make it the judge of the last resort in all appeals, both in civil and criminal cases, they instituted five modes of trial, the management of which lay wholly in their hands. These were the oath upon the Evangelists; the ordeal of the cross, and the fire ordeal, for persons in the higher ranks; the water ordeal, for the humbler classes; and, lastly, the Corsned, or bread and cheese ordeal, for members of their own body.

The oath upon the Evangelists was taken in the following manner: the accused who was received to this proof, says Paul Hay, Count du Chastelet, in his Memoirs of Bertrand du Guesclin, swore upon a copy of the New Testament, and on the relics of the holy martyrs, or on their tombs, that he was innocent of the crime imputed to him. He was also obliged to find twelve persons, of acknowledged probity, who should take oath at the same time, that they believed him innocent. This mode of trial led to very great abuses, especially in cases of disputed inheritance, where the hardest swearer was certain of the victory. This abuse was one of the principal causes which led to the preference given to the trial by battle. It is not all surprising that a feudal baron, or captain of the early ages, should have preferred the chances of a fair fight with his opponent, to a mode by which firm perjury would always be successful.

The trial by, or judgment of, the cross, which Charlemagne begged his sons to have recourse to, in case of disputes arising between them, was performed thus:— When a person accused of any crime had declared his innocence upon oath, and appealed to the cross for its judgment in his favour, he was brought into the church, before the altar. The priests previously prepared two sticks exactly like one another, upon one of which was carved a figure of the cross. They were both wrapped up with great care and many ceremonies, in a quantity of fine wool, and laid upon the altar, or on the relics of the saints. A solemn prayer was then offered up to God, that he would be pleased to discover, by the judgment of his holy cross, whether the accused person were innocent or guilty. A priest then approached the altar, and took up one of the sticks, and the assistants unswathed it reverently. If it was marked with the cross, the accused person was innocent; if unmarked, he was guilty. It would be unjust to assert, that the judgments thus delivered were, in all cases, erroneous; and it would be absurd to believe that they were left altogether to chance. Many true judgments were doubtless given, and, in all probability, most conscientiously; for we cannot but believe that the priests endeavoured beforehand to convince themselves by secret inquiry and a strict examination of the circumstances, whether the appellant were innocent or guilty, and that they took up the crossed or uncrossed stick accordingly. Although, to all other observers, the sticks, as enfolded in the wool, might appear exactly similar, those who enwrapped them could, without any difficulty, distinguish the one from the other.

By the fire-ordeal the power of deciding was just as unequivocally left in their hands. It was generally believed that fire would not burn the innocent, and the clergy, of course, took care that the innocent, or such as it was their pleasure or interest to declare so, should be so warned before undergoing the ordeal, as to preserve themselves without any difficulty from the fire. One mode of ordeal was to place red-hot ploughshares on the ground at certain distances, and then, blindfolding the accused person, make him walk barefooted over them. If he stepped regularly in the vacant spaces, avoiding the fire, he was adjudged innocent; if he burned himself, he was declared guilty. As none but the clergy interfered with the arrangement of the ploughshares, they could always calculate beforehand the result of the ordeal. To find a person guilty, they had only to place them at irregular distances, and the accused was sure to tread upon one of them. When Emma, the wife of King Ethelred, and mother of Edward the Confessor, was accused of a guilty familiarity with Alwyn, Bishop of Winchester, she cleared her character in this manner. The reputation, not only of their order, but of a queen, being at stake, a verdict of guilty was not to be apprehended from any ploughshares which priests had the heating of. This ordeal was called the Judicium Dei, and sometimes the Vulgaris Purgatio, and might also be tried by several other methods. One was to hold in the hand, unhurt, a piece of red-hot iron, of the weight of one, two, or three pounds. When we read not only that men with hard hands, but women of softer and more delicate skin, could do this with impunity, we must be convinced that the hands were previously rubbed with some preservative, or that the apparently hot iron was merely cold iron painted red. Another mode was to plunge the naked arm into a caldron of boiling water. The priests then enveloped it in several folds of linen and flannel, and kept the patient confined within the church, and under their exclusive care, for three days. If, at the end of that time, the arm appeared without a scar, the innocence of the accused person was firmly established. [Very similar to this is the fire-ordeal of the modern Hindoos,. which is thus described in Forbes's "Oriental Memoirs," vol. i. c. xi.—" When a man, accused of a capital crime, chooses to undergo the ordeal trial, he is closely confined for several days; his right hand and arm are covered with thick wax-cloth, tied up and sealed, in the presence of proper officers, to prevent deceit. In the English districts the covering was always sealed with the Company's arms, and the prisoner placed under an European guard. At the time fixed for the ordeal, a caldron of oil is placed over a fire; when it boils, a piece of money is dropped into the vessel; the prisoner's arm is unsealed, and washed in the presence of his judges and accusers. During this part of the ceremony, the attendant Brahmins supplicate the Deity. On receiving their benediction, the accused plunges his hand into the boiling fluid, and takes out the coin. The arm is afterwards again Sealed up until the time appointed for a re-examination. The seal is then broken: if no blemish appears, the prisoner is declared innocent; if the contrary, he suffers the punishment due to his crime." * * * On this trial the accused thus addresses the element before plunging his hand into the boiling oil:— "Thou, O fire! pervadest all things. O cause of purity! who givest evidence of virtue and of sin, declare the truth in this my hand!" If no juggling were practised, the decisions by this ordeal would be all the same way; but, as some are by this means declared guilty, and others innocent, it is clear that the Brahmins, like the Christian priests of the middle ages, practise some deception in saving those whom they wish to be thought guiltless.]

As regards the water-ordeal, the same trouble was not taken. It was a trial only for the poor and humble, and, whether they sank or swam, was thought of very little consequence. Like the witches of more modern times, the accused were thrown into a pond or river; if they sank, and were drowned, their surviving friends had the consolation of knowing that they were innocent; if they swam, they were guilty. In either case society was rid of them.

But of all the ordeals, that which the clergy reserved for themselves was the one least likely to cause any member of their corps to be declared guilty. The most culpable monster in existence came off clear when tried by this method. It was called the Corsned, and was thus performed. A piece of barley bread and a piece of cheese were laid upon the altar, and the accused priest, in his full canonicals, and surrounded by all the pompous adjuncts of Roman ceremony, pronounced certain conjurations, and prayed with great fervency for several minutes. The burden of his prayer was, that if he were guilty of the crime laid to his charge, God would send his angel Gabriel to stop his throat, that he might not be able to swallow the bread and cheese. There is no instance upon record of a priest having been choked in this manner. [An ordeal very like this is still practised in India. Consecrated rice is the article chosen, instead of bread and cheese. Instances are not rare in which, through the force of imagination, guilty persons are not able to swallow a single grain. Conscious of their crime, and fearful of the punishment of Heaven, they feel a suffocating sensation in their throat when they attempt it, and they fall on their knees, and confess all that is laid to their charge. The same thing, no doubt, would have happened with the bread and cheese of the Roman church, if it had been applied to any others but ecclesiastics. The latter had too much wisdom to be caught in a trap of their own setting.]

When, under Pope Gregory VII, it was debated whether the Gregorian chant should be introduced into Castile, instead of the Musarabic, given by St. Isidore, of Seville, to the churches of that kingdom, very much ill feeling was excited. The churches refused to receive the novelty, and it was proposed that the affair should be decided by a battle between two champions, one chosen from each side. The clergy would not consent to a mode of settlement which they considered impious, but had no objection to try the merits of each chant by the fire ordeal. A great fire was accordingly made, and a book of the Gregorian and one of the Musarabic chant were thrown into it, that the flames might decide which was most agreeable to God by refusing to burn it. Cardinal Baronius, who says he was an eye-witness of the miracle, relates, that the book of the Gregorian chant was no sooner laid upon the fire, than it leaped out uninjured, visibly, and with a great noise. Every one present thought that the saints had decided in favour of Pope Gregory. After a slight interval, the fire was extinguished; but, wonderful to relate! the other book of St. Isidore was found covered with ashes, but not injured in the slightest degree. The flames had not even warmed it. Upon this it was resolved, that both were alike agreeable to God, and that they should be used by turns in all the churches of Seville? [Histoire de Messire Bertrand du Guesclin, par Paul Hay du Chastelet. Livre i. chap. xix.]

If the ordeals had been confined to questions like this, the laity would have had little or no objection to them; but when they were introduced as decisive in all the disputes that might arise between man and man, the opposition of all those whose prime virtue was personal bravery, was necessarily excited. In fact, the nobility, from a very early period, began to look with jealous eyes upon them. They were not slow to perceive their true purport, which was no other than to make the Church the last court of appeal in all cases, both civil and criminal: and not only did the nobility prefer the ancient mode of single combat from this cause, in itself a sufficient one, but they clung to it because an acquittal gained by those displays of courage and address which the battle afforded, was more creditable in the eyes of their compeers, than one which it required but little or none of either to accomplish. To these causes may be added another, which was, perhaps, more potent than either, in raising the credit of the judicial combat at the expense of the ordeal. The noble institution of chivalry was beginning to take root, and, notwithstanding the clamours of the clergy, war was made the sole business of life, and the only elegant pursuit of the aristocracy. The fine spirit of honour was introduced, any attack upon which was only to be avenged in the lists, within sight of applauding crowds, whose verdict of approbation was far more gratifying than the cold and formal acquittal of the ordeal. Lothaire, the son of Louis I, abolished that by fire and the trial of the cross within his dominions; but in England they were allowed so late as the time of Henry III, in the early part of whose reign they were prohibited by an order of council. In the mean time, the Crusades had brought the institution of chivalry to the full height of perfection. The chivalric spirit soon achieved the downfall of the ordeal system, and established the judicial combat on a basis too firm to be shaken. It is true that with the fall of chivalry, as an institution, fell the tournament, and the encounter in the lists; but the duel, their offspring, has survived to this day, defying the efforts of sages and philosophers to eradicate it. Among all the errors bequeathed to us by a barbarous age, it has proved the most pertinacious. It has put variance between men's reason and their honour; put the man of sense on a level with the fool, and made thousands who condemn it submit to it, or practise it. Those who are curious to see the manner in which these combats were regulated, may consult the learned Montesquieu, where they will find a copious summary of the code of ancient duelling. ["Esprit des Loix," livre xxviii. chap. xxv.] Truly does he remark, in speaking of the clearness and excellence of the arrangements, that, as there were many wise matters which were conducted in a very foolish manner, so there were many foolish matters conducted very wisely. No greater exemplification of it could be given, than the wise and religious rules of the absurd and blasphemous trial by battle.

In the ages that intervened between the Crusades and the new era that was opened out by the invention of gunpowder and printing, a more rational system of legislation took root. The inhabitants of cities, engaged in the pursuits of trade and industry, were content to acquiesce in the decisions of their judges and magistrates whenever any differences arose among them. Unlike the class above them, their habits and manners did not lead them to seek the battle-field on every slight occasion. A dispute as to the price of a sack of corn, a bale of broad-cloth, or a cow, could be more satisfactorily adjusted before the mayor or bailiff of their district. Even the martial knights and nobles, quarrelsome as they were, began to see that the trial by battle would lose its dignity and splendour if too frequently resorted to. Governments also shared this opinion, and on several occasions restricted the cases in which it was legal to proceed to this extremity. In France, before the time of Louis IX, duels were permitted only in cases of Lese Majesty, Rape, Incendiarism, Assassination, and Burglary. Louis IX, by taking off all restriction, made them legal in civil eases. This was not found to work well, and, in 1303, Philip the Fair judged it necessary to confine them, in criminal matters, to state offences, rape, and incendiarism; and in civil cases, to questions of disputed inheritance. Knighthood was allowed to be the best judge of its own honour, and might defend or avenge it as often as occasion arose.

Among the earliest duels upon record, is a very singular one that took place in the reign of Louis II (A.D. 878). Ingelgerius, Count of Gastinois, was one morning discovered by his Countess dead in bed at her side. Gontran, a relation of the Count, accused the Countess of having murdered her husband, to whom, he asserted, she had long been unfaithful, and challenged her to produce a champion to do battle in her behalf, that he might establish her guilt by killing him.[Memoires de Brantome touchant les Duels.] All the friends and relatives of the Countess believed in her innocence; but Gontran was so stout and bold and renowned a warrior, that no one dared to meet him, for which, as Brantome quaintly says, "Mauvais et poltrons parens estaient." The unhappy Countess began to despair, when a champion suddenly appeared in the person of Ingelgerius, Count of Anjou, a boy of sixteen years of age, who had been held by the Countess on the baptismal font, and received her husband's name. He tenderly loved his godmother, and offered to do battle in her cause against any and every opponent. The King endeavoured to persuade the generous boy from his enterprise, urging the great strength, tried skill, and invincible courage of the challenger; but he persisted in his resolution, to the great sorrow of all the court, who said it was a cruel thing to permit so brave and beautiful a child to rush to such butchery and death.

When the lists were prepared, the Countess duly acknowledged her champion, and the combatants commenced the onset. Gontran rode so fiercely at his antagonist, and hit him on the shield with such impetuosity, that he lost his own balance and rolled to the ground. The young Count, as Gontran fell, passed his lance through his body, and then dismounting, cut off his head, which, Brantome says, "he presented to the King, who received it most graciously, and was very joyful, as much so as if any one had made him a present of a city." The innocence of the Countess was then proclaimed with great rejoicings; and she kissed her godson, and wept over his neck with joy, in the presence of all the assembly.

When the Earl of Essex was accused, by Robert de Montfort, before King Henry II, in 1162, of having traitorously suffered the royal standard of England to fall from his hands in a skirmish with the Welsh, at Coleshill, five years previously, the latter offered to prove the truth of the charge by single combat. The Earl of Essex accepted the challenge, and the lists were prepared near Reading. An immense concourse of persons assembled to witness the battle. Essex at first fought stoutly, but, losing his temper and self-command, he gave an advantage to his opponent, which soon decided the struggle. He was unhorsed, and so severely wounded, that all present thought he was dead. At the solicitation of his relatives, the monks of the Abbey of Reading were allowed to remove the body for interment, and Montfort was declared the victor. Essex, however, was not dead, but stunned only, and, under the care of the monks, recovered in a few weeks from his bodily injuries. The wounds of his mind were not so easily healed. Though a loyal and brave subject, the whole realm believed him a traitor and a coward because he had been vanquished. He could not brook to return to the world deprived of the good opinion of his fellows; he, therefore, made himself a monk, and passed the remainder of his days within the walls of the Abbey.

Du Chastelet relates a singular duel that was proposed in Spain.[Histoire de Messire Bertrand du Guesclin, livre i. chap. xix.] A Christian gentleman of Seville sent a challenge to a Moorish cavalier, offering to prove against him, with whatever weapons he might choose, that the religion of Jesus Christ was holy and divine, and that of Mahomet impious and damnable. The Spanish prelates did not choose that Christianity should be com promised within their jurisdiction by the result of any such combat, and they commanded the knight, under pain of excommunication, to withdraw the challenge.

The same author relates, that under Otho I a question arose among jurisconsults, viz. whether grandchildren, who had lost their father, should share equally with their uncles in the property of their grandfather, at the death of the latter. The difficulty of this question was found so insurmountable, that none of the lawyers of that day could resolve it. It was at last decreed, that it should be decided by single combat. Two champions were accordingly chosen; one for, and the other against, the claims of the little ones. After a long struggle, the champion of the uncles was unhorsed and slain; and it was, therefore, decided, that the right of the grandchildren was established, and that they should enjoy the same portion of their grandfather's possessions that their father would have done had he been alive.

Upon pretexts, just as frivolous as these, duels continued to be fought in most of the countries of Europe during the whole of the fourteenth and fifteenth centuries. A memorable instance of the slightness of the pretext on which a man could be forced to fight a duel to the death, occurs in the Memoirs of the brave Constable, Du Guesclin. The advantage he had obtained, in a skirmish before Rennes, against William Brembre, an English captain, so preyed on the spirits of William Troussel, the chosen friend and companion of the latter, that nothing would satisfy him but a mortal combat with the Constable. The Duke of Lancaster, to whom Troussel applied for permission to fight the great Frenchman, forbade the battle, as not warranted by the circumstances. Troussel nevertheless burned with a fierce desire to cross his weapon with Du Guesclin, and sought every occasion to pick a quarrel with him. Having so good a will for it, of course he found a way. A relative of his had been taken prisoner by the Constable, in whose hands he remained till he was able to pay his ransom. Troussel resolved to make a quarrel out of this, and despatched a messenger to Du Guesclin, demanding the release of his prisoner, and offering a bond, at a distant date, for the payment of the ransom. Du Guesclin, who had received intimation of the hostile purposes of the Englishman, sent back word, that he would not accept his bond, neither would he release his prisoner, until the full amount of his ransom was paid. As soon as this answer was received, Troussel sent a challenge to the Constable, demanding reparation for the injury he had done his honour, by refusing his bond, and offering a mortal combat, to be fought three strokes with the lance, three with the sword, and three with the dagger. Du Guesclin, although ill in bed with the ague, accepted the challenge, and gave notice to the Marshal d'Andreghem, the King's Lieutenant-General in Lower Normandy, that he might fix the day and the place of combat. The Marshal made all necessary arrangements, upon condition that he who was beaten should pay a hundred florins of gold to feast the nobles and gentlemen who were witnesses of the encounter.

The Duke of Lancaster was very angry with his captain, and told him, that it would be a shame to his knighthood and his nation, if he forced on a combat with the brave Du Guesclin, at a time when he was enfeebled by disease and stretched on the couch of suffering. Upon these representations, Troussel, ashamed of himself, sent notice to Du Guesclin that he was willing to postpone the duel until such time as he should be perfectly recovered. Du Guesclin replied, that he could not think of postponing the combat, after all the nobility had received notice of it; that he had sufficient strength left, not only to meet, but to conquer such an opponent as he was; and that, if he did not make his appearance in the lists at the time appointed, he would publish him everywhere as a man unworthy to be called a knight, or to wear an honourable sword by his side. Troussel carried this haughty message to the Duke of Lancaster, who immediately gave permission for the battle.

On the day appointed, the two combatants appeared in the lists, in the presence of several thousand spectators. Du Guesclin was attended by the flower of the French nobility, including the Marshal de Beaumanoir, Olivier de Mauny, Bertrand de Saint Pern, and the Viscount de la Belliere, while the Englishman appeared with no more than the customary retinue of two seconds, two squires, two coutilliers, or daggermen, and two trumpeters. The first onset was unfavourable to the Constable: he received so heavy a blow on his shield-arm, that he fell forward to the left, upon his horse's neck, and, being weakened by his fever, was nearly thrown to the ground. All his friends thought he could never recover himself, and began to deplore his ill fortune; but Du Guesclin collected his energies for a decisive effort, and, at the second charge, aimed a blow at the shoulder of his enemy, which felled him to the earth, mortally wounded. He then sprang from his horse, sword in hand, with the intention of cutting off the head of his fallen foe, when the Marshal D'Andreghem threw a golden wand into the arena, as a signal that hostilities should cease. Du Guesclin was proclaimed the victor, amid the joyous acclamations of the crowd, and retiring, left the field to the meaner combatants, who were afterwards to make sport for the people. Four English and as many French squires fought for some time with pointless lances, when the French, gaining the advantage, the sports were declared at an end.

In the time of Charles VI, about the beginning of the fifteenth century, a famous duel was ordered by the Parliament of Paris. The Sieur de Carrouges being absent in the Holy Land, his lady was violated by the Sieur Legris. Carrouges, on his return, challenged Legris to mortal combat, for the twofold crime of violation and slander, inasmuch as he had denied his guilt, by asserting that the lady was a willing party. The lady's asseverations of innocence were held to be no evidence by the Parliament, and the duel was commanded with all the ceremonies. "On the day appointed," says Brantome, [Memoires de Brantome touchant les Duels.] "the lady came to witness the spectacle in her chariot; but the King made her descend, judging her unworthy, because she was criminal in his eyes till her innocence was proved, and caused her to stand upon a scaffold to await the mercy of God and this judgment by the battle. After a short struggle, the Sieur de Carrouges overthrew his enemy, and made him confess both the rape and the slander. He was then taken to the gallows and hanged in the presence of the multitude; while the innocence of the lady was proclaimed by the heralds, and recognized by her husband, the King, and all the spectators."