Ten Thousand a-Year Volume Ii Part 34

"[Greek: 'Anthropinos]," signifies in this place, (1 Corinth. x. 13,) says a commentator on this memorable pa.s.sage of Scripture, "such as is suited to the nature and circ.u.mstances of man; such as every man may reasonably expect, if he consider the nature of his body and soul, and his situation in the present world."]

[Footnote 8: NOTE 8. Page 54.

It might be inferred, from a somewhat loose statement in an English law treatise, that in a case like that of Mr. Aubrey--viz. of possession of property in entire ignorance that it belonged to another--a Court of Equity would protect against the rightful owner's claim for the mesne profits. Such, however, is by no means the case. Mr. t.i.tmouse had recovered at law--by the superior strength of his t.i.tle, and without requiring any a.s.sistance whatever from a Court of Equity; the mesne profits, therefore, were absolutely his--and any interference, by a Court of Equity, to deprive him of them, would have been an act of direct spoliation. Such a notion, therefore, is utterly dest.i.tute of foundation. If Mr. t.i.tmouse had been compelled to seek the a.s.sistance of a Court of Equity in order to prosecute his claim, and had clearly been guilty of negligence or fraud; it is possible that some terms might have been imposed upon him, with reference to the mesne profits to be wrung from his comparatively-speaking innocent opponent--but even then, it is conceived that Equity would be very slow and jealous in exercising such a stretch of power. The Roman law took a different view of the subject, regarding him--_qui justas causas habuisset quare bona ad se pertinere existima.s.set_, (Dig. Lib. v. t.i.t. iii. 1, 20, &c.)--with great leniency, and exempting him from payment of mesne profits accrued previous to the action. According to the law of Scotland, a _bona fide_ possessor evicted (i. e. turned out) by a person having a better right, is ent.i.tled to retain the fruits or profits (called "_violent profits_") which he may have reaped or received during his _bona fide_ possession.

It would seem, however, that this doctrine is based not solely upon the _bona fide_ ignorance of the ousted party, but upon the concurring _negligence_ and _delay_ of his victorious opponent.]

[Footnote 9: NOTE 9. Page 58.

It is by no means a matter of course, to apply for and obtain this nominal appointment, which occasions _ipso facto_ the vacating a seat in Parliament. It is a matter of discretion with the Chancellor of the Exchequer; and he has _refused_ it during the present session [1844] to several applicants.]

[Footnote 10: NOTE 10. Page 75.

This species of sport has recently, alas! been seriously interfered with, by the increased power given, in such cases, to the police magistrates.]

[Footnote 11: NOTE 11. Page 91.

See Dr. Bubble's "Account of the late Landslips, and of the Remains of Subterranean Castles."--Quarto Edition, Vol. III. pp. 2000-2008.]

[Footnote 12: NOTE 12. Page 91.

_Ante_, Vol. 1., p. 441.]

[Footnote 13: NOTE 13. Page 93.

Horace, Carm. 1. 34, _ad finem._]

[Footnote 14: NOTE 14. Page 96.

Troilus and Cressida, i. 3.]

[Footnote 15: NOTE 15. Page 224.

1 Samuel, ch. ii., v. 36.]

[Footnote 16: NOTE 16. Page 234.

It may be as well to apprise the reader, that this strange mode of pleading has been lately superseded by one more reasonable and intelligible.]

[Footnote 17: NOTE 17. Page 281.

"_Mayhem_," saith Blackstone, "is a battery attended with this aggravating circ.u.mstance: that thereby the party injured is forever disabled from making so good a defence against future external injuries, as before he might have done. Among these defensive members are reckoned not only arms and legs, but a finger, an eye, and a _fore-tooth_; but the loss of one of the _jaw_-teeth, is no _mayhem_ at common law, for they can be of no use in fighting."--3 _Black. Comm._ p. 121.]

[Footnote 18: NOTE 18. Page 282.

In the year 1838, arrest on mesne process was abolished by statute 1 and 2 Vict. c. 110, (which recited that "the power of arrest upon mesne process was unnecessarily extensive and severe, and ought to be relaxed,") except in cases where a debtor may be arrested by order of a judge, to prevent his quitting the kingdom. In the year 1844, the legislature went so far (stat. 7 and 8 Vict. c. 96, -- 58) as to abolish arrest on _final_ process, in all cases of debts not exceeding 20, independently of costs. The policy of this measure is gravely questionable.]

[Footnote 19: NOTE 19. Page 283.

A _detainer_ signifies a writ, by means of which a prisoner, once arrested, may be detained at the suit of any _other_ creditor.]

[Footnote 20: NOTE 20. Page 285.

The last acts of the kind are those for abolishing Arrest on Mesne Process (see _ante_, p. 282, note) and amending the Insolvent Laws, (stat. 1 and 2 Vict. c. 110, -- 78, and 7 and 8 Vict. c. 96, -- 59.)]

[Footnote 21: NOTE 21. Page 312.

For a really _short_-sighted person a concave gla.s.s, and for a too _long_-sighted man a convex gla.s.s, is requisite: but simpletons who wear a gla.s.s for mere appearance' sake, have one through which they can really see--_i. e._ a piece of common window-gla.s.s. Three-fourths of the young men about town wear the last kind of gla.s.s.]

[Footnote 22: NOTE 22. Page 316.

Since this was written, Great Britain has, by the demonstration of her irresistible naval and military power, and by the wisdom of her diplomacy, totally changed our relations with China--which has opened to us five of her ports, ceded to us a great island, and entered into a commercial treaty with us!]

[Footnote 23: NOTE 23. Page 339.

Hor. Carm. V., iv.]

[Footnote 24: NOTE 24. Page 352.

Plowden's _Commentaries_, 308, a, (Sharrington _v._ Strotton.)]

[Footnote 25: NOTE 25. Page 362.

About the time when this was originally written, there was a person who, chiefly at Windsor, occasioned much surprise and curiosity by the power which he appeared to exercise over horses, by touching, as he alleged, a particular nerve within the mouth.]

[Footnote 26: NOTE 26. Page 372.

Per bend Ermine and Pean, two lions rampant combatant, counter-changed, armed and langued Gules; surmounted by three bendlets undee Argent, on each three fleurs-de-lis Azure; on a chief Or, three t.i.tMICE volant proper; all within a bordure gobonated Argent and Sable.

CREST.--On a cap of maintenance a t.i.tmouse proper, ducally gorged Or, holding in his beak a woodlouse embowed Azure. Motto--"_Je le tiens._"