10 On the Marriage of Convicts' Wives. them. The room is 101 feet long, 55 high, and 86 broad. It has 10 windows on each side; besides the bows, which are 14 feet wide, and near 10 deep. From the sides of these bows were the doors into the state apartments of the palace." A curious ground-plan, taken in 1509, is given in Hasted's "Kent;" and views of the Hall and Remains of the Palace in Lysons's "Environs." The Hall having long been used for the purposes of a Barn, has sustained repeated injuries, and but few repairs. The beautiful timber roof remains in good preservation; its principal beams are as substantial as when first carved, but many of the smaller or more ornamental ones have been destroyed. The brackets which depend from the great arches, and prove so ornamental to the design, are imperfect: the slender shaft which unites their upper and lower members having been originally surrounded by eight canopied pannels, crocketed, and separated by pinnacles. The oaken Screen at the lower or Eastern end of the Hall appears, or very lately did appear, in tolerable preservation. It contains two arches, supported on pillars: the spaces between the arches are enriched with perforated compartments, and a cornice of beautifully carved quatrefoils. The passage under the Screen, though now a pig-sty, formerly led to the kitchen, pantry, and other offices, all which are demolished, and the road now passes over their site. Towards the West end of the Hall may be seen the foundations of walls, and relics of a vault ed sewer or drain, the size of which is so considerable as to have led to the report of its having been a subterraneous passage for the escape of the inmates in troublesome times. Yours, &c. Mr. URBAN, N.R.S. [Jan. and Wales, being married, shall marry any person, the former husband or wife being alive, every such offence shall be felony, and incur death, but as the words "without benefit of Clergy" are omitted in the Act, it is customary to pass Sentence of Death, and then to suffer the Offender to plead Clergy, which is accepted, and the Sentence is commuted to Imprisonment. But the second Section is that to which the above question applies-declaring that this Act shall not extend to any person whose husband or wife shall be continually remaining beyond seas by the space of seven years together," or who shall be absent the one from the other by the space of seven years together in any part of his Majesty's dominions, the one of them not knowing the other to be living within that time. There can be little doubt of the obvious construction of the words "continually remaining beyond seas for seven years together."-Ingenuity may endeavour to constrain them back to the date of the Conviction, or to the Convict's first leaving his prison to set off on his journey, or to his first embarkation in any boat or vessel to join the ship destined for the voyage; or, finally, and which is the most rational construction, to the date of arrival at the port of destination. As any such Marriage within seven years is a case of Bigamy, and, as such, felonious, perhaps the liberality of modern days would no doubt give the prisoner all the benefit of the questions which would arise as to those days, and probably raise a plausible defence to such a prosecution, by urging the intent of the statute to have been to take effect from the date of the Conviction, which is the only event on public record. The actual sailing and voyage of the Convict being subjected to the subsequent convenience of Government in contracting for a vessel, which is seldom begun until a sufficient number of Convicts are ready; in which case three wives of three Convicts might make a similar defence at the same Bar, and one be acquitted, and the others convicted of Bigamy; if one had marBut I must first beg leave to refer ried within seven years from the conto the Act itself, in which the word_viction of her husband, and the second "abroad" is not to be found. The first section declares in general terms that "if any person within England Jan. 6. THE question put by "CLERICUS," p. 513, whether he may perform the Marriage Ceremony of a man with the wife of a Convict, who has, according to the Act of Ja. I. c. 11, been "abroad seven years?"-may and ought to be considered strictly, because this is in the nature of a Penal Act. had married within seven years from her husband's embarcation, and the third from the return made of his ar 1822.] On the Marriage of Convicts' Wives. rival. But setting aside all casuistry, the plain sense of the words in the statute prescribes a clear datum for counting the seven years; for if it be taken from the conviction, the words "remaining beyond seas" do not apply; but if it be taken from the date of his arrival at the Colony, the Statute is taken in its plain sense; and of this fact a return is made to Government by the captain of the vessel who is to acquit himself of his contract, and by the Governor of the Colony who is to return the names and dates of his receival of all Convicts. The mere absence from England is not a sufficient defence, neither is the conviction the datum, for he may be absent on the seas, but not remaining beyoud seas according to the usual meaning-nor is there any restriction of a Convict under Sentence of Transportation seeing his wife daily while in prison, and up to the time of setting off on the journey. I think therefore that CLERICUS could not safely marry the parties he mentions without having an authentic copy of the return from the Government-office of the arrival of the Convict in the colony, and seeing that seven years are since elapsed. Since writing the above, it has been suggested to me by a friend to whose intelligence I am accustomed to pay much respect in such cases, that although the Stat. of 1 James I. above cited, relieved the contracting parties from the penalty of Bigamy, after the lapse of seven years, yet it does by no means express any authority that they might intermarry with other persons, so as to render the second marriage valid if the first husband be living, and to legitimatise their issue. On this point, however, there are differing opinions, and I do not feel myself strong enough to give "CLERICUS" a decision on a case which has not been decided by any authority; but the leading inclination of my best judgment is, that this Act, by limiting punishment to the bigamy within se ven years, does virtually permit such second marriage after that period. Yours, &c. A. H. Mr. URBAN, Jan. 8. answer "CLERICUS," it is ne 11 they each respectively first pledge themselves to the Minister "to forsake all and keep only to each other so long as they both shall LIVE." And immedi ately afterwards mutually "plight their troth to live from that day forward, whatever may befal, according to God's holy ordinance, until DEATH them do part." In regard to the clause in 1 Jac. "that if any person do marry another, the former husband or wife being alive, it is felony, unless one of the parties has been abroad seven years," the natural construction is, that that circumstance merely bars the felony, but does not give either party the liberty of marrying again. The obvious answer, therefore, to the question of "CLERICUs," whether he should be justified in marrying the wife of a transported convict, seven years having elapsed, is, that under the original contract he cannot be justified in marrying the woman to another person unless certified of the death of her husband. How indeed is a woman under such circumstances to be described, whether in the Banns to be published, or in the Marriage Licences certainly not as a spinster, neither as a widow, until fully assured of the demise of her husband. Cases, doubtless, have occurred, in which women deserted by their husbands have, after a lapse of seven years, or more, married again; but in all such cases it will be found, that presuming on the decease of their husbands, they have been described as widows. And if the first husband should subsequently return, he might by law compel his wife again to cohabit with him, although by the Act of James before cited, the felony would be barred; nor could the husband in such case recover damages. And although there may be no express law forbidding a second marriage under such circumstances, yet, from a mature consideration of the essential form of the Marriage Ceremony, and of the very few causes which are permitted to dissolve that tie, we are clearly led to the inference here suggested; and "CLERICUS" will consequently be convinced, that with a knowledge of the circumstances, he cannot safely solemnize such a marriage, more particularly when he reflects how hea to look night fall upon the children of into the original Contract solemnised between man and wife at the holy altar of God, and we there find that the second connection, who would all be illegitimate if the former husband should be actually alive. AMICUS. Mr. The London Press. The Pleasure of making a Will. Dec. 6. dunucie, zeal which you have ways scewa ʼn ie cruse of LiTake public, 2e mean of your widelyOuction, 1 tw doservations n which cernew orinted in LonModern Editions of "Soca Thorss, and more Leontious from Greek Alpers, which are found So ale attention is wading of these quotahot our most celebrated as Lve orpiqusiv ilustrated their a several Modern Edis most impossible to go cata kage without meeting with Odlice a taccuracy. A quarto aite valuable Commentaries Sunes, Lower, Whitby, &c. on Nispores poned in 1809, and Kiara Sullion of Doddridge's Fav Exposing, pined in 1805, &c. Ni ne que la these remarks; the Cook dát xxus in both these Ediwa. Ang grid with gross inacis nievable that in this enwated age dhe word AQOPIEMEYes vuld de spelt APHOPIEME L Secuse the Fastor of Whitby na w employ a corrector of the Axxo a gnorant of the Greek After and who therefore uses the decors P. H. instead of the See Whitby on the RoAge & This gross blunder ocquos maving a bundred equally stupid. wide sid, perhaps, that these que hac y de deemed recent offences; exacon, however, has been very 266v xolod to this subject, by hav36g scard the tenth Edition of Stanhoye on the Epistles and Gospels, wch is so maccurately printed that we return it to my Bookseller; A by a new Edition, 12mo. of RO Hall's Contemplations on the C and New Testament, recently deberesed, I was reading one of these Cotiemplations on the pool of Behow last Sunday evening, and met with at least nine inaccuracies in fifteca pages. Let me ask, Mr. Urban, is it for the credit of this Country, highly as she ranks among the nations of Europe for her literary eminence? is it creditable to the press of our great Metropolis? or is it for the interest of the Booksellers, at whose expense these Editions are undertaken, that [Jan. such frequent blunders should be committed? What Scholar will buy their books while thus replete with Typographical errors? Shall all the attention of our printers be bestowed on the works of Byron and Moore, and other writings of a similar kind; and shall the valuable labours of our Divines be sent forth to the world in a manner so unworthy of them? I The Quarterly Review applauds the liberality which at this time distinguishes the English Booksellers; shall therefore not be allowed probably to impute these faults to a parsimonious spirit prevailing among them. I will, however, not hesitate to charge them with culpable indifference to the comfort and satisfaction of their customers, and to call upon them seriously to provide persons better qualified to superintend their presses. These observations are confined to the London Editors; for they do not apply to works republished in our Universities, where accuracy in printing appears to be strictly regarded. CLERICUS WILTONIENSIS. "The pleasure of making a Will." Mr. URBAN, Jan. 10. WITHOUT tranquillity of mind it is in vain to expect health; and what thinking being can enjoy tranquillity of mind while he reflects that DEATH may in an instant plunge into misery those around him, his constituted a large portion of his own ;tribution to whose happiness has conyet how many, after having endured toil and anxiety for years, to accumufamilies, friends, and dependants, from late the means of providing for their neglecting to devote a few hours to frustrated the purpose and intention of the arrangement of their affairs, have a long life of labour! think at all upon this subject, is not The aversion that people have to attributed to the truth of the observaless true than strange, and can only be tion, that "All men think all men mortal but themselves." It is difficult to suppose any rational creature so void of consideration, as to postpone the arrangement of his affairs because he is young and healthful; "Be wise to-day, 'tis madness to defer." This most important business can only be done properly when the mind is at case, and undisturbed by any anx 1822.] Pleasure of making a Will.-Popular Customs. ieties about the body; it will be sufficiently disturbed by contemplating the awful event at a distance-what a tremendous irritation must it not produce when postponed till "the last hour." The annihilating shock given by the communication that you are not only dying, but leaving those you love defenceless and pennyless in the wide world, probably exposed to the horrors of ruinous litigation:-to a feeling and sensitive mind at such a moment, is sufficient to hasten, if not produce DEATH. Is it not wonderful, that with all this intense stimulus of both "selflove and social" to do this deed of duty, any man should put it off for one moment? 13 wise there will be no luck throughout the year. Janus observes in Ovid, that, "Ŏmens attach to the beginning of all things:" and Philosophers know, that when the mind is strongly agitated by hope or fear, it naturally speculates in the future, and has a sensitive irritability, which warps events to the prevailing idea. But occursacula, i. e. presages from objects first met upon going abroad, were the subjects of particular books, written by Hippocrates (not the Physician) and Pollos. It was very unlucky to meet a lame or blind man, eunuch, ape, &c. and more especially the animal called Galé, whether it signified a weazle or cat, because, says Artemidorus, it typifies a crafty bad-mannered woman §, and the term "old cat" is still contemptuously applied to antient ill-natured females. In the North of England, it is customary, when a child is taken to church to be christened, to engage a little boy to meet the infant, upon leaving the house, because it is deemed an unlucky omen, to encounter a female first, for which service the boy receives a small present of a cake and Cheese, wrapped in paper. On the first day of the year, it is also deemed very unfortunate for a woman to enter the house POPULAR CUSTOMS AND SUPERSTI- first; and therefore an enquiry is TIONS IN HEREFORDSHIRE *. (From Mr. Fosbroke's "Ariconensia, or Archeological Sketches of Ross and Archenfield↑.") mostly made, whether a male has previously been there. It is certain, that among all the Northern nations, women were supposed to be endowed with a prophetic spirit, more or less, according to their age, and a tall Celtic woman and female Druid, severally met Drusus and Alexander Severus, and prophesied the death of each **. When Maximinus met a woman with dishevelled hair and mourning habit, it was deemed an omen of his death tt: and among the antient Scots, if a woman barefoot crossed a road, before them, they seized her, and drew blood from her forehead, as a charm against the omen. The women had, too, such See more particulars on the Manners and Customs of Herefordshire in vol. LXXXIX. p. 199. vol. XC. i. 38, 499. ii. 418. + Reviewed in p. 43. "Omina principiis inquit inesse solent." Fasti. i. lin. 178. Casaub. in Theopyhrast. p. 290. See too the Scholiast on the Birds of Aristophanes, Lucian, and others, concerning the Occursacula. Rous (Archæolog. Attic. p. 212.) mentions from Athenæus, c. 2. "toasted pieces of Chersonesus Cheese, as common presents of the Greeks at the feast of naming their children." Univ. Hist. vi. p. 67. + Capitolin. in Id. ii. 232. ** Lampridius and Xiphiline in Hist. Aug. ii. 222. iii. 203. Antiquit. Vulgar. p. 101. Ed. Brand. enormous 14 Popular Customs and Superstitions in Herefordshire. enormous influence and authority among the Celts, that they excited the jealousy of the Druids, who found means to impose a check upon them *. Whether this superstition formed one of these means, or not, the Primitive Christians would not stop it, for, in consequence of the Fall of Man, they denominated the Fair Sex, Gates of the Devil, resigners of the Tree of Life, and first deserters of the Divine Lawt. The only notice of this occursaculum in the Popular Antiquities is confined to the Churching of Women 1. Old Christmas Day. No person must borrow fire, but purchase it, with some trifle or other, for instance, a pin. A woman must not enter the house on this day. The restriction concerning the Fire, lasts during the twelve days. The Druids consecrated a solemn fire, from which that of all private houses was supplied. They extinguished all the other fires in the district till the tithes were paid, nor till this was done, could the fires be rekindled §. As to the Pin, Welch women still resort to a spring, called Nell's Point, on Holy Thursday, and drop pins into it for offerings . The translation of this custom to Old Christmas Day, the Epiphany, when the fire might represent the star which guided the Magi, and be purchased in allusion to their offerings, is a very fair substitute, for the follow ing reasons: "It was an auncient ordinaunce, that noo man sholde come to God, ne to the Kyng with a voyde honde, but that he brought some gyfte I." That the purchase of the fre should last for the twelve days is also analogous to antient customs; for the observation of twelve days was connected with the Saturnalia; and Hospinian says, that at Rome on New Year's Day, no one would suffer a Univ. Hist. xviii. 563. ii. p. 11. [Jan. neighbour to take fire out of his house, or any thing of iron, or lend any thing. It was a Heathen custom **. On Twelfth Day also they make twelve fires of straw, one large one to burn the old witch. They sing, drink, and dancett, around it. Without this festival, they think, that they should have no crop 11. On the same day in Ireland, they set up, as high as they can, a sieve of oats, and in it a dozen candles, and in the centre one larger, all lighted. This is done in memory of our Saviour, and his Apostles, lights of the world §§. This custom had its origin in a jumble of the Druidical Beltine and the Roman Cerealia, and Palilia; the great light to burn the witch seemingly referring to Samhan, or Balsab, the Druidical God of Death. To return, "After the fires are lit, the attendants, headed by the master of the family, pledge the company in old cyder, which circulates freely on these occasions. A circle is formed round the large fire, when a general shout and hallowing takes place, which you hear answered from all the adjacent villages and fields ||." The Northern nations on addressing their rural deities, emptied on every invocation a cup in their honour ¶¶. The hallooing is the "Cererem_clamore vocent in tecta" [Calling Ceres into the House] of Virgil, of which the Delphin Annotator observes, that Ceres being a synonym for Corn, it implies a wish that there may be a good crop brought into the barns. "This being finished in the fields, the housewife and her maids are preparing a company return home, where the good good supper. A large cake is always provided with a hole in the middle. After supper the company all attend the Bailiff or head of the oxen to the wain house, where the following particulars are observ Tertullian, p. 170. Ed. Rigalt "De cultu Feminarum." § Borlase's Cornwall, p. 130.-Martin's Shetland Isles.-De Valancey in Collect. Reb. Hybern N. ii. 64, 65, 105. Hoare's Giraldus, i. 133. ¶ Golden Legend, fol. viii. a. * Brand's Popular Antiquities, i. p. 11. ++ neque ante Falcem maturis quisquam supponat aristis, Sementivæ dies, were feasts after seed-times Virg. Georg. L. i. v. 347. seq. §§ Collect. Reb. Hybern. N. i. ed. |