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The present mode of classification is notwithstanding retained in the Digest.

In the third place, they see no reason for allowing a man to assemble and arm his friends for the defence of his dwelling-house, and denying him the same privilege for the protection of his person, personal property, or land-a distinction evidently founded on the aphorism that an Englishman's house is his castle. They do not say whether they would abolish or extend the privilege, but it strikes us that its abolition would be most in accordance with the present condition of society, which requires nobody but Justice to wear a sword.

In the fourth place, they trace the history and quote with commendation the leading provisions of the Riot Act, which they propose to retain. They also deem it expedient to continue the statutory provisions against the offence of riotously demolishing houses-still capital-on the ground of the probable danger to human life, but as no such danger can be reasonably anticipated from the pulling down of stables, outhouses, &c. (see 7 & 8 Geo. IV. c. 30,) they suggest that a milder punishment would suffice.

The principles of criminal law reform have been so fully discussed in former numbers, that we have purposely confined ourselves to giving the substance of this Report.

H.

LIFE OF LORD ERSKINE-(concluded.)

In these elegant literary pursuits the ex-Chancellor contrived to solace his vacant hours-and would that all the dissipations, with which he sought to chase away ennui, had been equally tasteful and serene! His beautiful residence on the very summit of Hampstead Hill, above Caen Wood, was admirably adapted to every want, whether of literature or society. The extension, improvement, and decoration of such a spot, which commands a splendid prospect, had been the amusement of very many years, and though attended with considerable expense, had rendered it a delightful retirement. To this villa, shut out from the road between Hampstead and Highgate by evergreens of different descriptions, Lord Erskine gave the somewhat fantastic name of Evergreen Hall. Within an easy half-hour's drive from the west end of London, its host made it for a season the common centre, to which the brightest rays of Whiggery, both literary and fashionable, might converge. Of one of these festive gatherings Sir Samuel Romilly has given a graphic description, in which the indiscretion of Lord Erskine, and his humane, yet eccentric diversions, are set faithfully before us. He seems to have embraced in his comprehensive fondness for animals the most ungainly and least attaching objects of creation :

"I dined to day at Lord Erskine's. It was what might be called a great opposition dinner: the party consisted of the Duke of Norfolk, Lord Grenville, Lord Grey, Lord Holland, Lord Ellenborough, Lord Lauderdale, Lord Henry Petty, Thomas Grenville, Tierney, Piggott, Adam, Edward Morris (Lord Erskine's son-in-law) and myself. This was the whole company, with the addition of one person; but that one the man most unfit to be invited to such a party that could have been found, if the man had been anxiously looked for. It was no other than Mr. Pinkney, the American minister: this at a time when the opposition are accused of favouring America to the injury of their own country, and when Erskine himself is charged with being particularly devoted to the Americans! These are topics which are every day insisted on with the utmost malevolence in all the ministerial newspapers, and

particularly in Cobbett. If, however, the most malignant enemies of Erskine had been present, they would have admitted that nothing could be more innocent than the conversation which passed. Politics were hardly mentioned, and Mr. Pinkney's presence evidently imposed a restraint upon every body. Among the light and trifling topics of conversation after dinner, it may be worth while to mention one, as it strongly characterises Lord Erskine. He has always expressed and felt a great sympathy for animals. He has talked for years of a bill he was to bring into parliament to prevent cruelty towards them. He has always had several favourite animals, to whom he has been much attached, and of whom all his acquaintance have a number of anecdotes to relate-a favourite dog, which he used to bring when he was at the bar to all his consultations: another favourite dog, which, at the time when he was Lord Chancellor, he himself rescued in the street from some boys, who were about to kill him under pretence of its being mad; a favourite goose, which followed him wherever he walked about his grounds; a favourite mackaw, and other dumb favourities without number. He told us now that he had got two favourite leeches. He had been blooded by them last autumn, when he had been taken dangerously ill at Portsmouth. They had saved his life, and he had brought them with him to town: had ever since kept them in a glass; had himself every day given them fresh water; and had formed a friendship with them. He said he was sure they both knew him, and were grateful to him. He had given them different names-Home and Cline, (the names of two celebrated surgeons,) their dispositions being quite different. After a good deal of conversation about them, he went himself, brought them out of his library, and placed them in their glass upon the table. It is impossible, however, without the vivacity, the tones, the details, and the gestures of Lord Erskine, to give an adequate idea of this singular scene."

When compelled to abandon the delightful retreat at Hampstead, and withdraw for retrenchment to a small mansion on his estate in Sussex, the humane lawyer found in his favourites fresh objects for solicitude, and new sources of amusement. Acting on the principle of the true citizen of the world, who

would not harm the most troublesome fly, as there was room enough for both, he wished to extend protection to all created beings, and patronized even a rookery, that object of agricultural aversion. To enforce his views, he wrote a little poem in the style of Dryden's Fables, but with far inferior power; and, though he would not publish the easy verse in which he inculcated his sound philosophy, he gave copies to his friends. The following short preface and introductory lines fully explain the design of this little fable in octo-syllabic measure, intituled:

66 THE FARMER'S VISION.

"The following lines were occasioned by my having at the instance of my bailiff in Sussex complained to a neighbour of his rookery, the only one in that part of the country: but having been afterwards convinced of the utility of rooks, I countermanded my complaint, and wrote The Farmer's Vision.'

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"The lines are very incorrect and unfinished, being sketched only as a domestic amusement to inspire humane and moral feelings in a new generation of my family, and with that view were inscribed to my eldest grand-daughter, Frances Erskine, as the fair poetress of St. Leonard's Forest, who, though not then sixteen years of age, could have handled the subject much better herself. It is indeed so capable of being made interesting, that I would have prolonged the vision, and worked it up into a poem, but for an insuperable objection, viz., that I am not a poet! It is not fit for publication, a few copies are only printed for friends who asked for them, as it was too long to make them in writing.

BUCHAN HILL, SUSSEX, December 25, 1818.

"Old Esop taught vain man to look
In nature's much neglected book,
To birds and beasts by giving speech
For lessons out of common reach;
And though 'tis said they speak no more,
(Once only too in days of yore,)
They whisper truths in reason's ear,
If human pride would stoop to hear-
Nay, often in loud clamours crave
The rights, which bounteous nature gave:
A flock of rooks, my story goes,
Of all our birds the most verbose,

Took their black flight to Buchan Hill,
On 1 Willard's oats to eat their fill:
His gun he fired, when off they flew,
With scattered rear of not a few,
Fainting from many a cruel wound,
And dropping lifeless on the ground.
But one bold rising on the wing

Thus seemed to speak-Rooks never sing-
'Before the Lord of this domain

Sure justice should not plead in vain ;
How can his vengeance thus be hurled
Against his favourite lower world.
A sentence he must blush to see,
Without a summons or a plea;
E'en in his proudest, highest times
He ne'er had cognizance of crimes;2
And shall he now with such blind fury,
In flat contempt of judge and jury,
Foul murder sanction in broad day
Not on the King's but God's highway !'.
Touch'd with the sharp but just appeal,
Well turn'd at least to make me feel,
Instant this solemn oath I took-

No hand shall rise against a rook!

Scarce had the solemn pledge been given,
When signal of approving heaven,

A form angelic seemed to fly

On meteor wing athwart the sky."

The doctrine of humanity to every thing indued with life, however low in the scale of creation, is enforced by the angel at great length, but in strains very unlike the seraph's in Milton. The kind-hearted nobleman has added a valuable note in prose, replete with gentle philosophy, though pushed to the verge of paradox.

"Nor could the soil its produce yield

Though Coke himself prepared the field,

But for the never ceasing round

In which both life and death are found,

But chief, when tilth is first begun
Earth meets the air and blessed sun,

I Lord Erskine's bailiff.

2 The Lord Chancellor has no criminal jurisdiction.

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