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135

mundi,

ORIGINAL,

Quam videor, par est ; et me Narcissus

amavit. FOR THE ANTHOLOGY. Cæ

Cæteraque ut desint ; quantum est, osten

dere caeli PROSOPOPCIA UMBRÆ.

In terris faciem ? quid, quod neque cæte

ra desunt.

Seu formam aspicias, non me Cepbëja EMULA Dis, Divisque prior ; Diva ipsa

virgo

30 futura,

Pulehrior,aut blando vates dilecta Phaoni. Me nisi perpetuum tenebris damnasset

nebris damnasset Seu rapit attonitum generis te fama ve

Seu opacis

tusti ; Jam Deus à prima crescentis origine Ante fui, quam tempus erat; seu pectora

tangit Quum solis radios et cæli accenderit ignes. Ingenii sollertis honos ; mihi Cynthia, la ego sum terreni imitatrix corporis

fratre uinbra,

Cum nitido, et magni debent præcordia Calestisque inimica ; mihi ultima Tar

mundi,

35 tara parent,

Naturæ in latebris penitus, penitusque Plutonisque domus, Atlantæique recessus.

reposta, Neu proavos quæras, primamve ab origi

quæras, primamve av origl Detecta esse oculis per me mortalibus ne gentem,

ultro. Ipsa tero membris semper redeuntibus Sive es mirator rerum : mirabere nostras. ævum.

Nempe triumphatum Ponti de rege suAtque mihi proprio vires reparantur ab

perbo hoste.

10

Præsidio unius nostro quis nescit ? ego Dapt vitam, queis vitam adimo; nu

ictus tricia præstant

Sustinui cunctos, quum tu, Romane, laQueis ego quotidie exequias et funera

teres, duco.

lilustrem ex tuto jaculis dum conficis Marima natura populis arcana retexi,

hostem. Sideraque et vasti laqueata palatia cæli.

Haud aliter molem clypei septemplicis Adrnovi, astrorumque choros mortalibus

unus oclis.

Opposuit ducibus Teucrisque ruentibus Quod tenebræ luces, quod lux optata

Ajax. tenebras

Et tamen huic pugna, si verum quæris, Ercipiat, nostrum est ; requiem præbe

in illa mus amicam

Plus laudis merui ; clypeum nempe ille; Omnibus, alterno recreantes frigore ter

ego memet ram.

Hostibus objeci ; et quod plus mireris, Quin et, dum nigris orbem circumvolo

inermem. pennis.

Nec virtus hæc una mea est. Scit FlaMasarum quicunque sacris doctæque vius olim . litârunt

20 Si mihi te victo multum debere, Vitell2 Palladis, ingenii condunt monimenta, Scit Marius, fusis Numidis, captoque Jo

gurthâ.

50 Affectant liquido super aurea sidera cælo. Ouin ducibus magno stetit ignoratio nostri. Per me pyramidûm quondam fastigia Quos inter Niciæ, qui, classem educere mensus

portu Dicitur esse Thales ; per me, qui fulmine linguæ.

(30..Seu formam,' etc. Forma Umbre. Fregit Alexandri patrem, sibi judicis

(25... sibi judices,' etc. Fabula · Asins aures.

umbra. Acteatas fecit. Nec me tam credere vilem

(38.. Sive es,' etc. Virtus.

(52 ... Quos inter Nicis,' &e. Vid. (24...per me,' &c. DEMOSTHENES, Plin. lib. X. cap. 12,

15

viamque

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bras ?

60

Dum pavet Actæam, magico contamine

victum Credens rorifluæ vultum intabescerelunæ, Cecropias afflixit opes, quæ Martia corda

55 Romulidum simili faceret trepidare tu

multu, Docti animos nisi firmasset sollertia Galli. Quid referam, quantos usus mortalibus

ægris, Quos pecori præstem? Quis non um

bracula, quis non Audivit gratas platani potantibus unMunere quis nostro Phæbeam lampada

nescit Villosæ silva caudæ prohibere Sciurum ? Quin, quibus usque pedum Titan defen

ditur umbra. Umbripedes populi, qua Sol violentior

arva Æthiopûm recta despectat cuspide, nos.

trum Agnoscunt meritum. Quin et decus ad

dimus illi, Quidquid Apellæi gaudent animâsse co

lores. Utque artis pars nunc tantum, sic decuit Tota mihi, ad radios quum circumscri

bere solis Humanam docui propria sub imagine

formam. Sed taceo ; ne, quod reprehendit Tul

lius, omnes Falsæ gloriolæ videar sectarier umbras.

L. [71..." Tullius.' – Orat. in Pisonc.

MAID of the golden locks, far other lot
May gentle heaven assign thy happier love,
Blue-eyed Senena! . . They loitered on,
Along the windings of the grassy shore,
In such free interchange of inward thought,
As the calm hour invited ; or at times,
Willingly silent, listening to the bird
Whose one repeated melancholy note,
By oft repeating melancholy made,
Solicited the ear; or gladlier now
Harkening that chearful one, who knoweth all
The song of all the winged choristers,
And, in one sequence of melodious sounds,
Pours all their music. But one wilder straia
At fits came o'er the water; rising now,
Now with a dying fall, in sink and swell
More exquisitely sweet than ever art
Of man evoked from instrument of touch,
Or beat, or breath. It was the evening gale,
Which, passing o'er the harp of Caradoc,
Swept all its chords at once, and blended all
Their music into one continuous flow.
The solitary bard, beside his harp
Leant underneath a tree, whose spreading boughs,
With broken shade that shifted to the breeze,
Played on the waving waters. Overhead
There was the leafy murmur, at his foot
The lake's perpetual ripple, and from far,
Borne on the modulating gale, was heard
The roaring of the mountain cataract. ..
A blind man would have loved the lovely spot.

65

olim

70

For the Monthly Anthology.

From Sewall's Poems.

SHIPWRECK. [Written in 1802.)

The following Speech, for substance, was actually made by a noted gamester in N.H. on obtaining a verdict against the unanimous opinion of the judges, by tampering with the jury.

WE cut and shufled, stirr'd our stumps, BAC 2-ds ! they put us to our trumps, They held court-cards, led suit beside, With all four bonours on their side. They play'd the deuce! but we more

brave Finess'd on hearts, and play'd the knave. We better knew the pack to fix, And won the game at last by tricks!

WINTER, clad in rude array,
Held his empire o'er the day ;
Chul the sleety north-east blew,
High its surges ocean threw,
Now they lash the sandy shore,
Whitening on the rocks they roar.
Late the syren southern gale
Wanton'd in the swelling sail ;
Late secure the vessel rov'd
O'er the wave, that gently mov'&.
The marinera exulting view
The dim-discovered mountains blue.
Then the storm began to lour,
Fiercely beat the sleety shower,

Oathering fce the tackle binden Wildly howl to loosen'd winds. To direct no friendly light Glimmers through the gloom of night; But the lamp, that erst so sure Mark'd the course, thick sowa obscure. Now each unavailing care Yields to helpless, wild despair. Louder aow the tempest ravas, Higher swell the heaving waves ; Now they dash the feeble skiff On the craggy, pointed clu; Now ascends the dying groan ju.. Nought avails the widow's inoan, Nought the tċar by pity shed O'er the relicks of the dead.

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Librum tuum legi & quam diligentissimre potui annotavi, quæ commutanda, quæ cximenda, ar.

bitrarer. Nam ego dicere verum assuevi. Neque ulli patientius reprehenduntur, quam qui maxiine laudari merentur. Pliny.

ART. 13.

of justice should exist only in the Reports af cases argued and des breasts of the judges, or in the

termined in the supreme judicial lumber of a clerk's office. court of the state of Massachus The law of this commonwealth setts from Sept. 1804 to June may be divided into two heads ; 1805, both inclusive. Bu E. the statute and the common law : phraim Williams, Eso. Vot: I; and this latter is properly distin8vo. 11.570. 85 bound. North- guishable into two kinds,in respect ampton, published by S. & E. to the source from which it is deButler. 180%.

rived ; namely, what we had, be

fore the revolution, adopted from WE congratulate the publick ori' the English law, and such general the appearance of the present work; customs or usages (for we acthe first-fruits of the office of re, knowledge no particular ones) as porter, lately established by author: have prevailed in this state, and ity of the legislature. In arbitrary have acquired the force of law, governments, where the people, though they make no part of the have nothing to do with the laws English system of jurisprudence.. but to obey them, a work of tliis Of our statutes, much the greatest kind would be highly useful, tho' number are private or special; hardly to be expected ; for decis- and of those which regard the ions and precedents, like acts of whole community, a considerable the legislature, limit the power of number refer to the organization rulers and judges : but that a of the government. They are of free people, whose boast it is, that a political, rather than a civil nathey are governed by laws and not tare. Of those which prescribe by men, should be totally indiffer-' rules of civil conduct to the citent to what passes in their coart3 zens, rules for making and exof justice is a thing we should pounding contracts, principles of hardly credit, on less evidence than decision on the questions daily ag. that of experience. What should' ítated in our courts of justice, the we think of the legislature, if our number is small ; indeed, it may statutes were to be found only in be a question, whether our systemi the books of the secretary's office of jurisprudence would suffer an Would it not be deemed a most imjury by their total repeal. Becriminal violation of the rights of sides, the exposition of statutes the people ; the most obvious of necessarily belongs to the judicial which is, that of knowing the laws courts. The spirit, rather than by which they are governed ? And the letter of the law, is what we yet a moment's reflexion will serve are bound to regard. Plowden to convince us, that it is no less so, compares an act of the legislature that the decisions of our courts to a nut. The words are only the

husk, or shell; the sense or mean- use in explaining laws ; but no ang is the kernel or soul of the law. one has taken the trouble, with It is the business of the courts to reference to this subject, to examstrip off the husk. He, therefore, jne the history of the state, from who would understand the mean its settlement to the revolution, ing of the statutes, must carefully The legal customs and usages, study the judicial constructions, which have sprung up among us, which, from time to time, have have never been collected In been put upon them.

short, our common law is truly an But the maxims and rules of unwritten law. It is merely oral, or the common law greatly exceed communicated by word of mouth, those prescribed by statute, both It rests altogether on uncertain in number and importance ; and tradition. of these, judicial decisions furnish There is some uncertainty and the only evidence. What is the contradiction in judicial decisions, common law of this state ? A pe- compiled even by eminent lawyers, rusal of the records of the English judges, and reporters appointed by courts of justice, books of reports, authority, and preserved in print. the treatises of the learned sages But will there not be a thousand of the profession, preserved and times more uncertainty and con, handed down from the times of tradiction ; or rather, will there be highest antiquity, will furnish the any certainty, any uniformity, in answer as it respects that part of decisions never committed to writ, our laws, which we have borrowed ing? What would be the condition from the English ; but how is the of our statute law, if it rested sole. line to be drawn between what we ly on the memory of the members have adopted from the English of the legislature? And what should law, and what has been rejected as occasion a difference in favour of inapplicable? Our constitution fur, judicial decisions, which are the nishes us with a rule on the sub, proper and only evidence of those ject. Whatever has “been adopt laws, which are ratified by the tacit ed, used, and approyed in the prov, consent of the people, when they ince, colony, or state of Massachu, depend on the memory of lawyers, setts Bay, and usually practised on or even of the judges who pro, in the courts of law,” excepting nounced them. It is not an easy such parts “ as are repugnant to task to become thoroughly ac, the rights and liberties contained quainted with the principles of the in the constitution," is law here. English law. It is a task of much But how shall we be enabled to ap. greater difficulty, to become mas, ply this rule? where shall we look ter of the law of this common. for the evidence of this adoption, wealth. Our statutes are probably usage, and approbation ; the çvi, worse penned than the British; dence of what has been the usual and we have no chart to direct us practice in our courts of law? We in the search of our legal customs have no books of reports ;. no ev, and usages. Our law does not de: idence of our judicial decisions i serve the name of science. Our no treatises of learned sages of the judges cannot know, if they would, profession.* History is of great with any good degree of certainty, • At Rome the opinions of the jurise been decided.

the points which have heretofore consulti, called the response prudentum, were

Is it then wonders of great weight; and a considerable part ful, that they should pursue the of the Roman law is founded upon them, easier, but more dangerous course

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