¥ o = 1x inte a cities enserts igs % yA, “é + THE UNIVERSITY OF ILLINOIS LIBRARY 3624 H329bi \S7> v.2 Return this book on or before the Latest Date stamped below. Theft, mutilation, and underlining of books are reasons for disciplinary action and may result in dismissal from the University. University of Illinois Library ae “Sele d ; rea vars: Cao : ile Se, te Ae xat rE ke oe Da - Le a oe a3 + tae i wre) F * ay 3S amy ax 5 st & cif VE “75 14, 4 me Bae? 4 Fit oe ae aoe, if #4 Tey ¥ ae as Ph = 4° ao + ge) eee L161— 0-1096 ae x i ay” toe P CAE Pe per _ BIOGRAPHICAL AND CRITICAL > = —— © GESSAYS.. i i. a “ie tA at oe Ce E > ae ’ = t Ba . a ae z $ * by f vi 5" Ki . i an rs : % fs Pp i a 6 "il ‘ . 25 ‘ - . ’ 3 , : ‘ ‘ ‘ i - 4 / s . - 4 ‘ . > ¥ en ~ é ee: " ” om 4 Y i: es - 7 ae Be f= , - » 6b oa ' : a , } ‘ ’ { . ' ¢ . : i - { ~ . . if « i " ‘ i i. 3 > it 4 . a A ' ,. , : j ¥ -. ? f ' * I * 7 Wy - '% ? t . ' ~ SPOTTISWOODE AND ont >“ NEW-STREET squat AND FPARLIAMENT STREET BIOGRAPHICAL AND OGRITICAL ESSAYS. REPRINTED FROM REVIEWS, WITH ADDITIONS AND CORRECTIONS. A NEW SERIES. pierre Weak) Hoge QC: IN TWO VOLUMES. iN CY aoe tl: SECOND EDITION. LONDON : LONGMANS, GREEN, AND CO. 1873. All rights reserved 324 H329 by 2 ¢ LJ \673 eG 2 CONTENTS OF THE SECOND VOLUME. 2 PAGE VARIETIES OF History AND Arr . : : ; 1 Epwarp Livingstone. : Q : ser RICHARD THE THIRD =i. Se Aes : ; ens }«) QuEEN Marie ANTOINETTE : ; : re ts bate) Tue CouNTESS OF ALBANY AND ALFIERI . ; . 189 Sir Henry Honuann’s RECOLLECTIONS . : 0 Lapy PALMERSTON - : : : ASAE Lorp LANSDOWNE ‘ : : : a aU0a Lorp DaLLIncg AND BULWER ; ; , VAS, Morr azovut Junius ; : : ; sot t ESSAYS VARIETIES OF HISTORY AND ART. (From THE EpinpurcH Review, OctosER 1866.) Causeries Cun Curieux: Variétés d Histoire et ad Art, terées Pun Cabinet @Autographes et de Dessins. Par F. Feuillet de Conches. Tomes Premier et Second, 1862; Tome Troisiéme, 1864. Paris. THE title of this book is untranslatable. There is no English equivalent for causerie, which is something less formal, continuous, and pretentious than ‘ conversation,’ something more intellectual, refined, and cultivated than ‘talk.’ An earnest preoccupied man may con- verse: an over-excited or coarse-minded man may talk ; but neither the one nor the other can causer in the precise French acceptation of the word. Boswell says, ‘ Though his (Johnson’s) usual phrase for conver- sation was “talk,” yet he made a distinction; for when he once told me that he dined the day before at a friend’s house, with “a very pretty company,” and I asked him if there was good conversation, he answered, ‘No, sir, we had ‘talk’ but no conversation; there was nothing discussed.”’ On another occasion, how- ever, when he said there had been good ‘talk,’ Bos- well rejoined, ‘ Yes, sir, you tossed and gored several persons.’ Positiveness, loudness, love of argument and eagerness for display, are fatal to causerve; which we take to consist in the easy, careless, unforced flow of VOL. Il. , 2» / Z VARIETIES OF HISTORY AND ART. remarks, fancies, feelings, or thoughts,—the results of reading, observation, or reflection: begun without de- fined object or formed purpose, and continuing its course like Wordsworth’s river, which ‘ windeth at its own sweet will,’ or Burns’s verses when he trusted to the inspiration of accident— ‘And how the subject theme may gang, Let time and chance determine ; Perhaps it may turn out a sang, Perhaps turn out a sermon.’ In strictness, therefore, perhaps the title of causeries should only be given to such a book as we should call ‘Table-Talk.’ But we are not disposed to quarrel with M. Sainte-Beuve for giving it to his valuable collection of familiar essays, critical and biographical, the justly celebrated ‘ Causeries de Lundi;’ still less to find fault with M. Feuillet de Conches for bestowing it on a book which, without any extraordinary stretch of fancy, we can imagine to have grown out of conversations with persons of congenial pursuits,—the scene varying be- tween the library, the picture-gallery, the museum, and the collector’s cabinet. Each freely and frankly com- municates the discoveries he has made or the informa- tion he has collected : the piece justificateve, or illustra- tive document, in the shape of an autograph letter, manuscript, engraving, or portrait, is produced or ap- pealed to: then come inquiry, comment, amicable difference, and discussion ; till materials are accumu- lated for a book rivalling the ‘ Curiosities of Literature’ in erudition, and far surpassing it in accuracy, penetra- tion, and suggestiveness. Indeed, we have rarely met with one which opens so many fruitful fields of inquiry, supplies so many important topics of speculation, or brings the critical faculty so pleasantly and profitably into play. The tendency and utility of such a work are so obvious that there was little need of the apologetic VARIETIES OF HISTORY AND ART. a preface of sixty pages, addressed to the celebrated ad- vocate and jurisconsult, M. Chaix d’Est-Ange. Con- sidering how chronicles, journals, correspondence, household-books, news-letters, broad sheets, loose scraps ‘of every kind, have been ransacked and turned to account by recent writers of note,—the literary world in general, and historians in particular, would seem to be sufficiently awake already to the value of well- authenticated details and contemporary evidence, how- ever homely and minute. M. Philarete Chasles might safely have been left unanswered when he exclaimed, ‘What care I about the patience or scrupulousness of a former frequenter of the Alexandrian library who should have saved for me, in twenty-five volumes folio, the ballets-doux of Cleopatra and the bills of her washer- woman and jeweller.’ Twenty-five volumes in folio would be a large order, but can it be doubted that Cleopatra’s bills, to say nothing of her billets-douz, would help to throw lght on the habits and manners of the lady, the country, and the time? Can M. Phi- laréte Chasles have forgotten the philosophic reflection of Pascal that, if Cleopatra’s nose had been shorter, the whole face of the world might have been changed? Minute personal details have been rightly treasured by biographers; and we feel grateful to Mr. Forster for printing the bill of Goldsmith’s tailor, Mr. Filby of Water Lane, although it does not specify the charge for the famous peach-coloured coat which provoked the sarcasm of Johnson. At the same time we are not sorry that M. Feuillet de Conches has been seduced into a vindication of his plan; for, if superfluous, his preface is the opposite of commonplace or dull. It comprises a brief and rapid but masterly appreciation of the leading French memoirs; and after illustrating by instances the ad- vantages of biographical details and private letters in estimating books as well as men, it proceeds to give B 2 4 VARIETIES OF HISTORY AND ART. proofs of the serious liability incurred by authors who are content with secondhand authority. ‘When we write a book, it is our reflection, our reason, that speak ; we express only our ideas, sometimes only the hypocrisy of our ideas. When we write letters, we more commonly express our sentiments and our passions. Read, for example, the elegant pages in which Sallust raises altars to poverty, proclaims the ineffable sweetness and the eminent dignity of the Stoic moralists, stigmatises with burning declamation, with virtuous anger, the corruption of Rome, the extortion in the provinces. Is it after reading this that we shall recognise this Sallust, the corrupter of the domestic hearth, the bloodstained tribune, the slave of Cesar, the iment extortioner, whose famous museum-gardens were built with the gold and the tears of Numidia? Incredible power of abstraction! prodigious miracle of taste and art ! This man, branded with infamy, talks of virtue like Cato: pen in hand he becomes virtuous. ‘Shall we believe also in the disinterestedness of Seneca, in his philosophy, his austerity, his clemency, by reading nothing but his moral treatises, from which morals seem to flow rather than words. Read his life, and you will avert your looks. Alongside of some real public and private virtues, what shameful weaknesses! What infamy and erime! He knew how to die: he did not know how to live.’ When Seneca wrote his treatise in praise of poverty, he had some millions sterling out at usurious interest ; and it was the pointed saying of South, that when he (Seneca) recommended people to throw away their money, it was with the view of picking it up himself. Amongst moderns there is the familiar tale of Rous- seal, invoking parental care for infancy and sending his own children to a foundling hospital; and the less known contrast between the published sentimentalism and the private conduct of Bernardin de Saint-Pierre, the author of ‘ Paul and Virginia,’ who has been handed down to posterity, upon the not quite unimpeachable VARIETIES OF HISTORY AND ART. 9) testimony of his wife, as a man of desolating egotism, violent against the feeble, mendacious with the power- ful. ‘I have gathered from the mouth of an intimate friend of this worthy woman, adds M. Feuillet de Conches, ‘ the most startling eee: of this pretended good man.’ ? Fortunately for poor Hahaity there is a compen- sating process or principle simultaneously at work, by aid of which the private characters of authors neutralise the repelling impressions of their works. The Count Joseph de Maistre has proclaimed the hangman the keystone of the social edifice. He has deliberately laid down that, in the study of philosophy, contempt for Locke is the beginning of wisdom; that the Essay on the Human Understanding ‘is most assuredly, deny it who may, all that the absolute want of genius and style can produce most Wwearisome;’ that Bacon is a charlatan; that the De. Augments is ‘ perfectly null and contemptible :’ and the Novum Organon ‘ simply worthy of Bedlam.’ No writer of anything like equal eminence has given expression to so startling an amount of prejudice, illiberality, and insulting arrogance in his books; whilst his familiar letters teem with proofs of a kindly and loving nature, of candour, toleration, and Christian charity. We are also told to be on our guard against drawing too broad an inference from some one memorable pas- sage or action with which a name has been inextricably and disadvantageously mixed up. ‘If there are certain cries of the heart which paint the entire man and betray the secrets of his soul, he may in an emergency let drop ill-considered words which are in contradiction to his real sentiments, to his whole life.’ Or, to adopt the language of Bruyere, ‘Je ne sais s'il est permis de 1 The groundlessness of the imputations based upon this testimony has been fully exposed by M. Aimé Martin in the ‘Introduction to the Correspondence of Bernardin de St.-Pierre.’ 6 VARIETIES OF HISTORY AND ART. juger des hommes par une faute qui est unique, et si un besoin extréme, ou une violente passion, ou un premier mouvement, tirent 4 conséquence.’ ‘Thus, we are not to believe Barnave a Robespierre because, when the death of Foulon was announced amidst the indignant murmurs in the Constituent Assembly, he exclaimed, ‘ Le sang gui coule est-cl done si pur quon ne puisse en répandre quelques gouttes?’ He lived to make ample reparation for this outrage. Nor will it be forgotten that the Vicomte de Bonald was honest, firm, and high-minded, although, hurried away by in- tolerance, he impatiently replied to those who objected to making sacrilege a capital crime, ‘Hh bien! les coupables tront devant leur juge naturel!’ In order to inculcate the value of documents, M. Feuillet de Conches has unsparinely exposed celebrated authors who have proceeded on the mon siége est fait principle; and he relates an anecdote which will be new to most readers. M. de Lamartine, meeting M. Alexandre Dumas soon after the publication of the History of the Girondins, inquired anxiously of the famous romance-writer if he had read it. ‘ Our; cest superbe! Crest de Uhistoire élevée a la hauteur du roman,’ It would seem that the taste for rare books and autographs leads to frequent neglect of the tenth com- mandment and occasional breaches of the eighth. A friend calling on Archbishop Usher found him busily engaged in placing his choicest books and manuscripts under lock and key, a precaution which he explained by mentioning that he expected a party of bibliophiles and collectors to dinner. ‘What most of all and still afflicts me,’ complains Evelyn, ‘ those letters and papers of the Queen of Scots, originals and written with her own hand, which I furnished to Dr. Burnet, are pre- tended to have been lost at the presse. The rest I lent to his countryman, the late Duke of Lauderdale, who VARIETIES OF HISTORY AND ART. 7 never returned them; so as by this tretchery my col- lection being broken, I bestowed the remainder on a worthy and curious friend of mine, who is not likely to trust a Scot with anything he values.’ A Scot is not always on the safe side in these matters. Sir Walter, after mentioning the sepulchral vase of silver sent him from Athens by Lord Byron, says that there was a letter sent with this vase more valuable than the gift itself. ‘I left it naturally in the urn with the bones, but it is now missing. As the theft was not of a nature to be practised by a mere domestic, I am compelled to suspect the inhospitality of some indi- vidual of higher station; most gratuitously exercised, certainly, since, after what I have said, no one will choose to boast of possessing this literary curiosity.’ With such tendencies abroad, M. Feuillet de Conches is quite right m warning collectors against the preda- tory habits of their associates; although, when he comes to particulars, his own personal grievances may turn out more imaginary than real. ‘We need not go out of France in search of such ad- ventures. Woe to the too confiding collector who forgets that of King Candanles; another Gyges might. nefariously cut his throat after robbing him of his treasure! The lords of the literary world know full well how to cajole them at need, these poor collectors. One while they publish their autographs, in spite of the owners; one while they borrow what they never return, or do not even deign to cite their names whilst making use of their treasures. ¢« Sicut canis ad Nilum, bibens et fugiens.” Thus Lord Brougham, to whom, through the channel of an illustrious academician, I had lent letters of the eighteenth century for his notices, published at Paris, of Voltaire and Rousseau, has profited by my communications, and has not indicated the source, so that, without falling into the grasp of the law, I should not even have the right to reprint what belongs to me.’ No such consequences could ensue, had Lord 8 VARIETIES OF HISTORY AND ART. Brougham withheld the required acknowledgment ; and in the preface to ‘ Lives of Men of Letters of the Time of George IIL.,’ edition of 1855, we find, ‘ Besides the letters of Voltaire, communicated by Mr. Stanford, and which were given in the former editions, there are some of his, and one of Helvetius, now inserted, which had been given in the French edition, having been kindly communicated by M. Feuillet, a gentleman of vreat respectability.’ Another story 1s apparently so well authenticated by references that we may assume it to be true in the main. It relates to the Mallebranche correspondenee, purchased at the Millon sale by a collector ancl lent to a grand plilosophe (not named) who forthwith made arrangements for publishing the letters and refused to return the originals. ‘Philosophy, I presume, has privileges which simplify the domestic economy of property, and are denied to vulgar simplicity. “Oh, physics! preserve me from metaphysics,” exclaimed the great Newton every morning of his life. The poor collector would not give in. He appealed to the authority of the worthy and loyal academician (the witness of the loan). Vain effort! A common friend, the author of the excellent edition of Pascal after the originals, was not more fortunate. Plato hugged his prize, his by right divine. ‘Comply with the conditions, objected M. F ...., or restore. He who has bought and paid is the lawful owner. To print in spite of him in the Journal des Savants, would be the violation of his right ; for, after all, if he brought an action against you, what right could you allege? “ My right,” replied the philosopher, with a vivacity which had at least the merit of frankness, “ My passion is my right.”’ Taking for granted, then, that the value of original documents and evidences of all sorts, as well as the rights of property in them, are established by the preface, we proceed to the main body of the work, VARIETIES OF HISTORY AND ART. 9 which opens with an attempt to ascertain what are the oldest manuscripts and likenesses, painted or carved, that are proved by history or tradition to have once existed: how far down they can be traced ; and when they were destroyed or lost sight of. The sacred Archives come first, and questions arise, what became of the tables which Moses deposited in an ark? or of the copies of the law which the successive kings of Israel were directed to write out? or of the title-deeds which, like that of Hanameel’s field, ‘ were put in earthen vessels that they might continue many days’? The wars of the Jews, their eventual subju- gation and dispersion, with the repeated spohation or destruction of the holy buildings in which their archives were deposited, sufficiently account for the disap- pearance of the originals at an early period; including the original of the Septuagint version of the Bible, made (277 B.c.) from a copy, for which, according to Jose- phus, an enormous sum was paid by Ptolemy. The persecutions of the early Christians, and their scattered state, will equally account for the rapid dis- appearance of the autograph epistles of the Apostles and the other writings composing the New Testament. There is not so much as an authenticated scrap of the handwriting of any of the Fathers of the Church. The Greek copy of the Evangelists, known as the Codex Alexandrinus, in the British Museum, is assigned to the beginning of the fifth century, and the tradition attri- buting it to St. Thecla, one of St. Paul’s virgin converts, is apocryphal at best. The pretended autograph of the Gospel according to St. Mark is still shown at Venice in a dilapidated, fragmentary, and utterly illegible state. Such as it is, it was brought with great ceremony from a convent in Aquileia in 1420, and is held to be nothing more than a devotional compilation for the use of the nuns. The autograph of autographs (priceless as the seamless coat) could it be recovered, would be the 10 VARIETIES OF HISTORY AND ART. letter of our Saviour to Abgar, Prince of Edessa, pro- mising to send a disciple to cure his leprosy and teach his people the true faith. An Armenian historian of the fourth century, who gives the text of the prince’s application and the reply, says that Abgar, after having been baptized by the Apostle Thaddeus, wrote to Tiberius to confirm the miraculous life and death of Christ. St. John of Damascus relates the same incident with modifications. Procopius, in the time of Justinian, mentions this holy letter, then augmented by a post- script promising the city of Edessa that it should never fall into the hands of enemies; and in 940 a.p. the Roman emperor got possession of it; that is, he pro- cured from Edessa a document in Greek which was there treasured as the original. He had it magnificently framed in gold and jewels, which probably caused its destruction ; for it disappeared for good and all during the revolution of 1185, when the people of Constanti- nople rose and plundered the imperial palace. Copies have been preserved ; the oldest extant being one in the Escurial, made by a monk in 1455; and the authenticity of the epistle was first questioned by a celebrated philologist of the fifteenth century, Laurent Valla, who went so far as to deny the existence of Abgar. The controversy was learnedly and conscien- tiously revived by an ecclesiastical historian of repute in the last century. ‘ But, remarks M. Feuillet de Conches, ‘ knowledge and good faith are not criticism.’ So, spite of this testimony, the epistle in question has been long since relegated to the company of counter- feits, with the text of the sentence pronounced by Pon- tius Pilate, with the letters of Christ which fell from heaven after his ascension, with the letters of the Virgin and the verses of the Sibyls, with the letters of the Devil (of which facsimiles have been published by Collin de Plancy, with the letter of the same Pontius Pilate on the life of Jesus Christ, and finally that of VARIETIES OF HISTORY AND ART. 11 Publius Lentulus, which gives, from life, the portrait of the Messiah. The letter of Lentulus opens a subject of the deepest and most reverential interest ; but it has been so fully and admirably treated by Lady Eastlake that a bare outline of the main argument may suffice in this place.! This famous document purports to be a report from a Roman proconsul to the senate, describing from actual observation the form, features, voice, bearing, look, and manner of the Messiah :—the pure and open brow, the rich wine-coloured (vinez coloris) hair parted in the middle and falling on the shoulders, the clear blue eyes, the regular features with their grave yet sweet expression ; painting, in short, so far as words can paint, the very beau idéal popularly received of the mortal attributes of the Divine Founder of our faith. It has been confidently alleged that this letter was ex- tracted by EKutropius from the archives of the senate : that several Fathers of the Church made mention of it ; and that portraits were painted after it by the command of Constantine the Great. ‘To all this, the decisive reply is, that there was no proconsul named Lentulus in Judea at the period: that no trace of the letter is discoverable in Eutropius: that none of the Fathers (including St. Augustine, who speaks of pretended portraits of Christ) make mention of it; and that the earliest notice of it occurs in the fifteenth century, when the famous preacher, Pere Olivier Maillard, produced it in macaronic French. Not content with these strong grounds for incre- dulity, M. Feuillet de Conches maintains that it would not be difficult to arrive at the source of the forgery, to 1¢The History of our Lord as Exemplified in Works of Art, &c. Commenced by the late Mrs. Jameson. Continued and completed by Lady Eastlake. London: 1864.’ We refer to the Introduction. See also ‘Recherches historiques sur la Personne de Jésus-Christ,’ by Peignot, 1829. 12 VARIETIES OF HISTORY AND ART, pick out word by word the elements in the different traditional portraits in writing which lie scattered amongst the Fathers or the Greek ecclesiastical writers. He proceeds to proof, and a valuable piece of criticism is the result ; from which we shall simply borrow an episodical passage or two on the startlmg doubt which long vexed and divided the Fathers, namely, whether the Divine Essence was reflected in the beauty of the outward and visible form, or hidden, for the wisest and best of purposes, under a mean and unattractive ex- terior. The New Testament gave no help to either side. The Old Testament inflamed the controversy by an apparent diversity. ‘Thou art fairer than the children of men’ is the inspired language of the Psalmist. ‘ He hath no form nor comeliness,’ is the similarly inspired prophecy of Isaiah. The holy disputants, as was their wont, declined any rational explanation or reconcilia- tion of the texts ; and as no reference was made to the authority of Lentulus, the fair inference is that none of id ever heard of him. S&t. Justin declared posftvely for ugliness: ‘ By appearing under an abject and humiliating exterior, our Saviour did but add to what the mystery of the redemption offers of sublime and touching.’ ‘Tertullian was strong for the same theory : ‘ Ne aspectu quidem honestus.’ ‘ Nec humanze honestatis fuit corpus ejus.’ ‘Si inglorius, si ignobilis, si inhonorabilis, meus erit Christus.’ The pagans, ac- customed to deify beauty, saw their advantage and struck in. ‘Your Christ is ugly,’ exclaimed Celsus with true Epicurean logic, ‘ then he is not God.’ The three great divines of the Western Church, St. Am- brose, St. Jerome, and St. Augustine, stoutly held out for beauty ; and the opposite opinion, discredited in Kurope, was eventually confined to the Manichzans and some doctors of the Hast. It may be collected from these disputes that no re- VARIETIES OF HISTORY AND ABT. Ts lable image or representation of the form and features of Christ ling been handed down by tradition. There is also much weight in the remark that the most ancient effigies are stamped with a Greek or Roman character, both in physiognomy and costume, without any trace of the Arabian or Israelite type. Thus, before the Byzantine style fixed a la grecque the face and cos- tume of Jesus, the paintings of the Roman catacombs gave him a Roman face and clothed him with the toga and the palium. Dating from these productions, there have been two principal types: the type of the Western Church, and the type of the Eastern; varied . to infinity by degrees of civilisation, by race, by manners, and by clime. ‘The Greeks,’ says Photius, ‘think that He became man after their image; the Romans, that He had the features of a Roman; the Indians, that of an Indian; the Ethiopians make Him a black.’ Black Virgins, we need hardly repeat, were painted and carved in ebony according to the received tradition, and still abound in Cathoke countries. The extent te which some of the great painters have travestied sacred subjects is familiar to all students of art; and the liberties taken by a ruder school are amusing by their mingled absurdity and singularity. ‘In some of his pictures Rembrandt made Abraham a burgess of his time,’ and the Messiah a burgomaster of Saardam. In the old paintings representing the fall of Adam and Eve, it is not uncommon to find the forbidden fruit varying with the country or province. in Normandy and Picardy it is the classic apple, one of the riches of the country ; in Burgundy and Champagne, the buneh of grapes ; in Provence and Portugal, the fig and the orange; whilst in America it is the guava. The guide to the paintings of Mount Athos prescribes the fig. The fig-tree is under the 1 There is or was a picture, of the Dutch School, in which Abraham is about. to kill Isaac with a blunderbuss, and an angel intervenes in a manner resembling the expedient by which Gulliver saved the royal palace of Lilliput trom the flames. 14 VARIETIES OF HISTORY AND ART. protection of a Greek saint, Theodora, named the fig-eater. In Greece, then, it is generally the fig which is adopted on account of the sweetness and abundance of the fruit. In Italy it is sometimes the fig, sometimes the orange, ac- cording to the province, or caprice.’ The Venerable Bede, not content with giving the names and ages of the Magi or wise men of the Epi- phany, enters into minute details of their personal appearance and their respective gifts. Thus, Melchior, a, white-haired sage, offers the gold: Gaspar, beardless and fresh-coloured, the frankincense; and Balthasar, dark and full-bearded, the myrrh. Bede followed the tradition of his age, the seventh century. But what did Cardinal Mazarin follow, or direct to be followed, when he ordered for his gallery an unbroken series of portraits of the Popes, beginning with St. Peter. A similar series has been reproduced in mosaic at Rome, and may also be seen in the schools of theology at the Seminary of St. Sulpice; the portraits bemg about on a par with those of the Kings of France, beginning with Pharamond, at Versailles, or those of the Kings of Scotland at Holyrood, which (as Sir Walter Scott relates) elicited an acute criticism from a Persian am- bassador. Addressing the housekeeper who was doing the honours, he asked, ‘ You paint them yourself?’ and on her modest profession of inability, he continued, ‘You no able? you try, and you paint better.’ The establishment of the National Portrait Gallery under the auspices of Karl Stanhope and the discrimi- nating superintendence of Mr. Scharf, and the Exhi- bition at South Kensington, have enabled us to take stock, as it were, of our possessions in this line of art, and to determine with tolerable certainty which of our earliest portraits may be accepted as authentic, i.e., as paintings from the life. The earliest known in our time was the portrait of Edward III. in St. Stephen’s Chapel, Westminster. This was destroyed by fire in VARIETIES OF HISTORY AND ART. 15 1834, but careful copies had been fortunately taken from it for the Society of Antiquaries in 1812. The earliest extant, of recognised authenticity, is the por- trait of Richard II. in Windsor Castle, where, how- ever, there is a portrait of Edward IV. which good judges (including Mr. Scharf) are inclined to think genuine. They are not so sure of Her Majesty’s portrait of Henry IV., although some put faith in it, strengthened by the features and costume. The earliest of the genuine pictures in the National Portrait Gallery is a Richard III., next in quality and equal in genuineness to the one at Windsor. The second earliest in that collection is a Cardinal Wolsey. The earliest at South Kensington are the portraits of Sir John Dame by Memling, and Edward Grimston by Petrus Christus. We can abandon with comparative indifference any small remains of faith we may have cherished in the traditional likenesses of barbaric kings or popes; but it is a very different matter when we are required to believe that no trustworthy images of the heroes, statesmen, poets, orators, and philosophers of classical antiquity have descended to us: that the busts of Alexander, Ceesar, Pompey, Hannibal, Pericles, Homer, Virgil, Horace, Demosthenes, Cicero, Plato, Socrates, Aristotle, with a host of others which we have been wont to admire or venerate, are apocryphal. The prima facie argument is rather favourable to many of them. Fame is more lasting than brass, wre perennius, but brass, bronze and marble are lasting enough to have endured to our time and retain a faithful reflex of form and features, of character and mind. We know that the ancients were never tired of multiplying statues of their great men, and that the highest genius was employed on the greatest: Phidias, on Pericles, Socrates, and Alcibiades: Praxiteles, on De- mosthenes; Lysippus, on Alexander and Aristotle, and 16 “VARIETIES OF HISTORY AND ART. so on. Alexander isswed a decree reserving the right of reproducing his image to three artists: Apelles, for painting: Pyrgoteles, for stone engraving: Liysippus, for statuary in bronze. The more statues the more honour, and the number erected to the popular favour- ites was immense. Unluckily they were knocked down as eagerly as they had been set up when the tide turned. No sooner had the news of the battle of Pharsalia reached the capital, than all Pompey’s statues were thrown down and mutilated. Augustus began his reign by destroying all the busts and images of the assassins of Cesar. At the same time he set about forming a collection of the triumphal statues of the great men who had contributed te the power of Rome: and the imperial city at that time boasted many private galleries rich with the spoils of Greece. If Mummius burnt Corinth with most of its imestimable treasures of art—that same Mummius who gave the well- known warning to the carriers of what he appropriated —Sylla thanked the gods for having granted him two signal favours: the friendship of Metellus Pius, and the good fortune of having taken Athens without de- stroying it. But independently of the risks of removal, and the increased difficulty of identification, the accumulation of all the finest productions of art in one place, and that place the capital of the world, which ambition or sedition periodically converted into a battle-field, was one main cause of their being wholly lost, or of their descending in an unsatisfactory condition to pos- terity. Luror arma ministrat : anything or everything, sacred or profane, becomes a weapon in a deadly con- flict when the blood is up. ‘I expect little aid from their hand,’ said Front de Bceuf, pointing to the stone images of saints in his chapel, ‘ unless we were to hurl them from the battlements on the heads of the villains. There is a huge lumbering St. Christopher yonder, VARIETIES OF HISTORY AND ART. iy! sufficient to bear a whole company to the earth.’ The Roman warriors thought and acted like the rude Norman baron. When Titus Flavius Sabinus, the brother of Vespasian, was besieged in the burning capitol by the troops of Vitellius, he repaired breaches and formed barricades with the statues of the Temple of Jupiter. Fire and earthquake co-operated with civil war and barbaric conquest to complete the work of devastation: whatever was left unbroken or dis- tinguishable lay buried under heaps of ruin; and when the superincumbent mass of rubbish was cleared away after the lapse of ages, the grand difficulty arose of appropriating the proper names to the best preserved images, and of duly assorting the arms, legs, heads, and noses of the mutilated.! This difficulty was aggravated by a known practice of the ancients, which may have suggested to Sir Roger de Coverley the notion of transforming by a few touches of the brush the sign of ‘The Knight’s Head,’ set up in his honour, into ‘The Saracen’s Head’! When the Rhodians decreed the honour of a statue to a general, he was desired to choose which he liked amongst the existing votive statues, and the dedication was altered by the insertion of his name. The prevalence and antiquity of this method of substitution are proved by Plato’s proposed law for compelling the statuary to - form each statue out of a single block; and instances abound of the change of heads from vanity, caprice, or accident. A striking passage in Statius charges Ceesar with the incredible folly of cutting off the head of an equestrian statue of Alexander by Lysippus, and re- placing it by a gilded effigy of himself. Tacitus states that Tiberius decapitated a statue of Augustus to make 1 The contests between the Turks and Venetians for the possession of Athens, which underwent several sieges, were similarly fatal to tha buildings and monuments of antiquity. VOL:: If, C 18 VARIETIES OF HISTORY AND ART. room for his own head; and the gods of Greece, in- cluding the Jupiter Olympus of Phidias, were similarly treated by Caligula with a view to his own deification. There is a statue of Pompey at Rome reputed to be the very one at whose base, ‘ which all the time ran blood, oreat Ceesar fell.’ But, objects M. Feuillet de Conches, we must have recourse to some anecdote, suspicious as ingenious, to be persuaded that the head, very badly restored, is really the original head. Rome is full of antiquity-mongers, who will supply any number of consuls’ or emperors’ heads, arms, legs, or noses to order. Napoleon was a great admirer of Hannibal, and one day, during a visit to the Louvre, stopped before the bust which bears the name of his hero, and in- quired of M. Visconti, the distinguished antiquary, whether it was authentic. ‘It is possible, was the reply ; ‘ the Romans erected his statue in three public places of a city within the bounds of which, alone among the enemies of Rome, he had cast a javelin. Caracalla, who ranked him among the great captains, also raised several statues to him; but all this is much posterior to Hannibal.’ ‘This effigy,’ rejomed Napo- leon, ‘ has nothing African about it. Besides, Hannibal was blind of one eye, and this is not. Are there any medals of the time confirmatory of this bust ?’ ‘There are medals, also long posterior.’ ‘Then it has been done apres coup. I do not believe in it.’ Although the inference from the eye may not be deemed conclusive by connoisseurs, that drawn from the want of contemporary medals carries weight. When medals and gems fail, the deficiency is not un- frequently supplied by inscriptions or books. The fine bust of Cicero at the Vatican is authenticated by a passage in Livy as well as by medals. There are no well-authenticated busts, medals, or gems of Virgil or * VARIETIES OF HISTORY AND ART. 19 Horace;* although the biographers of Virgil do not hesitate to describe him as tall and dark, with long flowing hair, whilst the personal peculiarities of Horace may be collected from his writings. The best bust of Plato is apocryphal, which is probably the reason why Mr. Grote’s great work, ‘Plato and the other com- panions of Socrates,’ appears without a frontispiece. This range of subjects is inexhaustible ; and our im- mediate object is simply to skim the cream of a semi- classical, semi-artistic causerve. We will now suppose the conversation turning on some other singularities or illustrations of classical antiquity, which throw light on its intellectual or secret history, and suggest parallels or contrasts with modern life and manners. We can hardly persuade ourselves that we are not listening to the story of an English or French collector, when we are told of Libanius of Antioch hearing that an [had and an Odyssey of prodigious antiquity were about to be sold at Athens, and commissioning a friend to purchase them. On receipt of the coveted treasure, he sends a fine copy of the Iliad, more recent but cor- rect, in acknowledgement of the friend’s services. He next learns that a copy of the Odyssey which seemed contemporary with Homer, is for sale, and purchases it. But he is so ill-advised as to lend it, and as it is not returned, we find him complaining and lamenting, very much like Evelyn when he denounced the carelessness or dishonesty of the two Scot borrowers, or the French gentleman who was done out of the Malebranche’s letters by the philosopher. Why, asks M. Feuillet de Conches, did he not act like the Faculty of Paris who held out against Louis XII., all absolute as he was, refused to lend him an Arabian manuscript without a deposit of a hundred gold pieces, and would not abate 1 The ‘ garden of Horace’ at the classic and romantic abode of Kneb- worth is appropriately adorned with the best busts of Horace, modelled after medals, c 2 20 VARIETIES OF HISTORY AND ART. a livre on seeing the royal treasurer forced to sell a part of his own plate to make up half the security ? The greatest private collection of autographs in ancient Rome is said to have been that of Mucianus, the friend of Pliny the Elder. He specially rejoiced in the possession of the reputed letter of Sarpedon to Priam, which he had discovered in a temple whilst he was governor of Lycia. Among other celebrated au- tographs in which the Greek and Roman collectors put faith, may be named the letters of Artaxerxes and De- mocritus to Hypocrates, the correspondence of Alex- ander and Aristotle, the letter of Zenobia to Aurelian in the handwriting of Longinus, and the letters of Titus to Josephus testifying to the trustworthiness of his history of the Jews. It might safely be taken for eranted without evidence of the fact, that the auto- oraphs of Livy, Cicero, Horace, Virgil, &c. &c., were as eagerly sought after and as highly prized in ancient times as those of the corresponding celebrities in our own. But we are not left to conjecture. Pliny speaks of having seen autographs of Cicero and Virgil. Quin- tilian mentions manuscripts of Cicero, Virgil, Augustus and Cato the Censor, apropos of certain differences and singularities of orthography which the copyists had not preserved. Cicero refers to an autograph of Ennius for the same purpose. Aulus Gellius had seen a manu- script of the Georgics, corrected by the author, as well as a manuscript of the second book of the Aineid which passed for the original, or at least came from the house and the family of Virgil. The first known use of the word autograph is in Suetonius, Litere Augustt Auto- graphes A great variety of materials were employed for 1 An eminent scholar, Le Pére Hardouin (1646-1727), maintained that all the so-called classics were composed by the monks of the thir- teenth century, with the exception of Pliny’s ‘ Natural History,’ Virgil’s ‘ Georgics,’ and the ‘Satires and Epistles’ of Horace. VARIETIES OF HISTORY AND ART. pd | writing, besides the waxed tablets, without which no Roman of condition went abroad. For epistolary cor- respondence the Romans used a fine papyrus called Augustan; the second quality was called Livian; the third Claudian. They had also (adds M. Feuillet de Conches) great eagle paper like ourselves. Curious points of analogy abound in this portion of his book. The ancients had ingenious cyphers for their secret despatches, and sent private orders to their commanders or ambassadors which could not be opened, so as to be legible, without a peculiar contrivance or the key. Ceesar’s usual method was to write by agreement the fourth letter of the alphabet for the ‘first ; for example, D for A, and so on, varying the arrangement occa- sionally. The Romans had also shorthand writers, a chosen number of whom were employed by Cicero to take down a speech of Cato. Martial and Ausonius bear testimony to the surprising skill of some of them. We find emperors and consuls scribbling on monu- ments, and as careless of profaning or defacing them as modern travellers or bagmen. M. Letronne found the names of Hadrian, Marcus Aurelius, and Lucius Verus, inscribed on the statue of Memnon at Thebes. He might also have copied from it, had he thought fit, ‘Pierre Giroux le grand vainqueur, grenadier de la deuaieme demi-brigade, division Desaix, passait par Thebes, le 7 Messidor, An VII, pour se rendre aux cataractes du Nil.’ | The conceit of compressing the greatest quantities of writing into a given space was carried to excess by the Romans. Cicero speaks of the entire Iliad having been written on just so much skin or parchment as was con- tained in a nutshell—in nuce inclusam. This tour de Force was rivalled by the poet mentioned by Pliny, who contrived to inclose a distich in letters of gold within the husk of a grain of corn, an exploit which may pair off with that of the Frenchman who wrote the four canonical 22 VARIETIES OF HISTORY AND ART. prayers on his nail. M. Feuillet de Conches has dis- covered a marked analogy between the French bureau- cracy and the Roman scribes, who formed a corpora- tion of which Horace was a member. They had gradually grown into considerable importance, and must not be confounded with the copyists, masters and journeymen, who answered to our printers and book- sellers. The Sosii were the Murrays and Longmans of the Augustan age of Rome. The patricians were not ashamed to compete with them in this peculiar line of business. The house of Atticus is deseribed as an immense establishment in which skilful workmen, mostly slaves, were busied in copying, pressing, and binding for the book-market. One amongst them, named Tiron, highly commended by Cicero, turned out copies that took rank like Hlzevirs. Women were much employed as copyists, and occa- sionally as scribes or secretaries. We have heard, prior to the abolition of serfdom, of white slaves in Russia, embarked in commerce or eminent in art, vainly offering enormous sums for enfranchisement ; and cases of the same kind were of frequent occurrence in Greece and Rome. Anactor was able and willing to give asum equivalent to seven or eight thousand pounds sterling for his liberty. One Canisius Sabrinus (mentioned by Seneca), aman of enormous wealth who wished to shine as a diner-out in spite of his natural dulness, procured a dozen slaves who were made to learn by heart select passages from the popular poets and instructed how to prompt him when he broke down or had nothing to say. As the required duty implied memory and tact, these slaves are said to have cost him, on the average, a hundred thousand sesterces (about 800/.) apiece. Mural and monumental inscriptions apart, the oldest specimens of Roman writing extant are those discovered in Herculaneum. These are, a Terence of the fourth century, and a Virgil of the fifth, both on parchment, VARIETIES OF HISTORY AND ART, pa now in the Vatican. How happens it that, out of the multitude of manuscripts in general circulation for several centuries later, not a single known original, and hardly one perfect copy, of an eminent classic author has survived the darkages? The best solution will be found in the never-ceasing war waged against learning and knowledge by bigotry and ignorance, from the decline of civilisation to its revival or new birth. ‘ The Romans,’ says Disraeli the elder, ‘burnt the books of the Jews, of the Christians, and’ of the philosophers ; the Jews burnt the books of the Christians and the Pagans ; the Christians burnt the books of the Pagans and the Jews.’ Take, for instance, the fate of Livy, of whom we have only thirty-five books, and those incom- plete, out of one hundred and forty. Independently of the long chapter of accidents common to all, he was honoured by the senseless enmity. of Caligula, who ordered his works, along with those of Virgil and Homer, to be cast out of all the libraries. Livy was afterwards treated much in the same fashion by Gregory the Great, who placed him in the Jndex. This same Pope (says Disraeli) ordered that the library of the Palatine Apollo, a treasury of literature formed by successive emperors, should be committed to the flames. He issued this order under the notion of confining the attention of the clergy to the Holy Scriptures. From that time all ancient learning which was not sanctioned by the authority of the Church, has been emphatically distinguished as profane in opposition to sacred. This pope is said to have burnt the works of Varro, the learned Roman, that Saint Austin might escape from the charge of plagiarism: the Saint bemg deeply in- debted to Varro for much of his great work, ‘ The City of God.’ This is not the only irreparable loss that has been attributed to plagiarism. Cicero’s treatise De Gloria was extant in the fourteenth century and in the posses- 24 VARIETIES OF HISTORY AND ART. sion of Petrarch, who lent it, and it was lost. Two centuries later it was traced to a convent library, from which it had disappeared under circumstances justify- ing a suspicion that the guardian of the library, Pierre Alcyonius, had destroyed it to conceal the fraudulent use made of the contents for his treatise De Hesilio, many pages of which (to borrow a simile from the ‘Critic ’) lie upon the surface like lumps of marl on a barren moor, encumbering what they cannot fertilise. Leonard Aretin, believing himself the sole possessor of a manuscript of Procopius on the War of the Goths, translated it into Latin and passed for the author until another copy unluckily turned up. The Causeur relates a similar anecdote of Augustin Barbosa, Bishop of Ugento, who printed a treatise De Officio Episco- porum. His cook had brought home a fish wrapped in a leaf of Latin manuscript. The prelate had the curiosity to read the fragment. Struck with the sub- ject, he ran to the market and ransacked the stalls till he had discovered the book from which the leaf had been torn. It was the treatise De Officio, which, adding very little of his own, he published among his works ‘to the greater glory of God.’ This was a bolder stroke for fame than that of an Irish bishop, still living, who incorporated a brother divine’s sermon in his Charge. Plagiarism, however, was not esteemed so heinous an offence as it is at present, and our actual stores of thought and knowledge have been enriched by it. Thus, Sulpicius Severus, the Christian Sallust, is believed to have copied his account of the capture of Jerusalem from the lost books of Tacitus. How little comparative value was attached for some time after the revival of letters to the classic master- pieces, may be inferred from the confession of Petrarch that he had seen several in his youth of which all trace had subsequently been lost; among others, the Second Decade of Livy. Its fate was curious, although not VARIETIES OF HISTORY AND ART, 25 perhaps singular. The tutor of a Marquis de Ronville, playing at tennis near Saumur, found that his racket was made out of a leaf of old parchment containing a fragment of this Decade. He hurried to the racket- maker to save the remains: all had passed into rackets. Tacitus had a better chance’ than Livy; for his imperial namesake, after supplying all the public libraries with his works, ordered ten fresh copies to be executed annually; yet thirty books were lost, and the manuscript of what are saved escaped by a miracle; a single copy in a state of rapid decomposition having been discovered in a convent in Westphalia. We have lingered with pleasure over this classical gossip, which is just such as may be supposed going on at Lord Stanhope’s, Mr. Gladstone’s, or the Literary Club, when Sir George Lewis, Lord Macaulay, Dean Milman, and Mr. Grote were alive to join in it. Decies repetita placebit ; and although such details may not be new to the accomplished bibhopolist—to the Duc d’Aumale or M. Van de Weyer, for example—we are not afraid of falling under the sarcasm levelled in Gil Blas at the pedant who solemnly narrated that the Athenian children cried when they were whipped; ‘a fact of which, but for his vast and select erudition, we should have remained ignorant.’ We shall pass more rapidly over the chapters de- voted to China. But although the gloss of novelty has been taken off by recent travellers, there is still a good deal left in the Celestial Empire for the philosophical inquirer to glean and speculate upon. ‘The respect paid by the Chinese to paper or parchment on which written or printed characters have been impressed, contrasts strikingly with the European mode of thinking, ancient and modern. Martial’s friend, Statius, tells him that his book has all the air of paper in which Eeyptian pepper and Byzantian anchovies are to be 26 VARIETIES OF HISTORY AND ART. packed ; and the same vein of pleasantry may be traced in a letter from Hume to Robertson: ‘I forgot to tell you that two days ago I was in the House of Commons, where an English gentleman came to me and told me he had lately sent to a grocer’s shop for a pound of raisins which he received wrapped up in a paper that he showed me. How would you have turned pale at the sight! It was a leaf of your History, and the very character of Queen Elizabeth which you had laboured so finely, little thinking it would soon come to so disgraceful an end.’ After stating that the pub- lisher, Millar, had come to him for information to trace out the theft, he adds: ‘In vain did I remonstrate that this was, sooner or later, the fate of all authors serius, ocyus, sors exitura. He will not be satisfied, and begs me to keep my jokes for another occasion.’ To the Chinese, who regard the art of speaking to the eyes by marks or signs as a gift from on high, handwriting and printing, means for the reproduction of thoughts, are sacred.’ The trade of ink-making is esteemed honourable for the same reason. Hence in China a scrap of printed paper or writing is never wittingly trodden under foot or used as a wrapper: it is carefully picked up; and in the vestibule of each house is a perfuming-pan destined to receive and burn all waste papers of the kind. ‘'Tea and other objects of commerce, adds M. Feuillet de Conches, ‘are always packed in blank paper.’ Thus, too, pocket- handkerchiefs being in China an object of show and luxury, every great dignitary is followed by a valet, who, on visits of ceremony, carries his spitting-box and presents him with small pieces of paper every time he wishes to blow his nose. These pieces of paper are blank, never printed or written. | The same veneration for writing was professed by a * The Mahometans have the same respect for paper, because a line of the Koran may be written on it, VARIETIES OF HISTORY AND ART. Ly Christian saint, Francois d’Assise, who flourished in the thirteenth century. If his eye fell on any scrap of writing in his walks, he scrupulously picked it up, for fear of treading on the name of the Lord or any pas- sage treating of things sacred. When one of his disci- ples inquired of him why he picked up with equal care the writings of pagans, he replied, ‘ My son, it is with the letters of these writings that we form the most elorious name of God.’ A religious respect for the staff of life, bread, is not confined to the Chinese. We are told of a janissary dropping out of a procession at Aleppo, and dismount- ine to remove a piece of bread, lest it should be pro- faned by the horses’ hoofs. During the great fire of London, popularly attributed to the Catholics, a mem- ber of the Portuguese Embassy was apprehended on a charge of throwing fireballs into houses. On examina- tion it was proved that he had simply picked up a piece of bread and placed it on the ledge of a window ; an act which he explained by stating that, according to a feeling then prevalent among his countrymen, to have left it on the pavement would have beenasin. To return to the Chinese: it stands to reason that they attach the highest value to the handwriting of their rulers and worthies—in other words, to autographs. Even facsimiles are held in high esteem, and the in- teriors of temples are adorned with them, posted like advertising bills against the walls. ‘The great pagoda of Canton boasts no other decoration ; neither does the sreat temple of Confucius at Pekin. By some fatality no manuscript from the actual hand of this philosopher has been preserved. All his autographs have dis- appeared, although autographs are extant of the two preceding centuries. The use of red ink is reserved to the emperors, so that it would be neither easy nor safe to counterfeit their autographs, which are carefully deposited in the 28 VARIETIES OF HISTORY AND ART. state archives when the immediate purpose has been served. The signature of the Mongol emperors con- sisted merely of the impress of the forefinger and thumb. The first-class mandarins claimed the privi- lege of authenticating documents in the same manner. The Dalar-Lama made his mark with the entire palm. Writing, however, was part of the imperial education. Kang the Third, contemporary with Louis Quatorze, rivalled the Grand Monarque in the importance which he attached to his matutinal condition and preparations. It was his wont, at his ever, to circulate among his courtiers a bulletin written with his own hand, in his own red ink, containing words to this effect: ‘I am well’! One of these papers has been sold for forty pounds in the autograph market of Pekin; and the price sounds far from exorbitant. In the competitive examinations of China—in which, by the way, they were as much in advance of Euro- peans as in the first rude mvention of printing and eunpowder—the handwriting carries as many marks as the composition ; and in the case of aspirants to the academy of Pekin, it is the emperor in person who examines the papers, counts the strokes of the letters, and verifies their agreement and form. ‘ One is always sure, therefore, concludes M. Feuillet de Conches, ‘when one has to do with a Han-Lin, or academician, to have to do with a scholar, a distinguished man of letters, and one skilled in the caligraphy of his country.’ With a reasonable distrust of their school of painting, the Chinese have never formed a_picture-gallery, although in the strictly imitative arts they never were excelled, not even by the grapes of Zeuxis, the curtain of Parrhasius, or the door at Greenwich Hospital. Their grand stumbling-block is perspective, in which their most formidable rivals are the Pre-Raphaelites. ‘Their style,’ remarks M. Feuillet de Conches, ‘ talent apart, is that of Cimabue and Giotto, abandoned by VARIETIES OF HISTORY AND ART. 29 Massaccio, resumed by Fra Angelico da Fiesole, and, an age later, by Holbein himself in some of his por- traits.’ The third part of these Causerzes starts with the aphorism that all collections are useful, although some may be more useful than others. Just so, we have heard it plausibly maintained that all wine is good, although some is better than another, and all women handsome, although some are handsomer than others. Yet we are quite willing to concede the utility, pro- vided the disproportioned trouble and expense in some instances are conceded in return; as in forming col- lections of postage-stamps, of advertisements, of black letter ballads, of ropes with which celebrated criminals have been hanged, or of bills of fare or menus of the best tables, with which a friend of ours, well placed in diplomacy, has filled an album of several volumes. A startling variety are enumerated by M. Feuillet de Conches, illustrated by anecdotes, and setting conse- cutive description at defiance; but his pages are so rich in materials that quoting from them at random is like dipping into the kettle of Camacho: something tempting and racy is almost certain to come up. Thus, apropos of Frederic the Great's collection of snuff-boxes (con- taining more than 1,500) he describes a snuff-box of Talleyrand and its use. It was double, two snuff-boxes joined together by acommon bottom. The one was politely offered to his acquaintance: the other, never to be profaned by the finger and thumb of a third person, was reserved for himself. Here we recognise the diplomate, so eternally on his guard, that when a lady requested his autograph, he wrote his name on the very top of the sheet of paper handed to him. The collector of ropes is declared to be an English- man and a member of the Humane Society, who died about twenty years ago. To each rope was attached a memoir of the subject or sufferer ; and in most instances 30 VARIETIES OF HISTORY AND ART. the last dying speech and confession was annexed, proving, it is added, the perfection to which, by dint of practice, the eloquence of the drop has arrived in the United Kingdom. ‘Can it be, as is asserted on the authority of an English writer, whose name I forget, that in England the masters were wont to practise their pupils in this kind of composition, so that every good Englishman on entering into the world had his peroration ready en cas of the accident of the gallows ?’ Is there anything that a Frenchman, lettered or unlet- tered, will not believe of an Englishman,—not at all out of ill-nature or ill will, but out of sheer ignorance? In the month of January 1866, a French journal described the English aristocracy as habitually risking their centaine de guinées on the result of a cockfight ; and M. Feuillet de Conches reproduces, without ques- tioning, the statement of Diderot that, in a secluded quarter of St. James’s Park, there was a pond in which the female sex had the exclusive privilege of drowning themselves. So well-informed a writer might surely have learned that the English occupy only the third or fourth rank in the statistics of suicide, and that the Prussians stand first. The collection of ropes begins with Sir Thomas Blount, who was executed in the reign of Henry IV. It contains instruments which, according to the notes annexed, had served in executions when the culprit or martyr was hung between two dogs or with a dog tied to his feet. There, too, was the silken cord which Lord Ferrers begged hard to substitute for the hempen one; as great a curiosity as the sword which Balaam wished for to punish his ass; and with it might have been appropriately ticketed one of the willow twigs, the received makeshifts in Ireland ; so received, in fact, temp. Ulizabeth, that a rebel with a rope round his neck claimed the privilege of the twig. Bowstrings, which had done duty in the East, abounded ; and one VARIETIES OF HISTORY AND ART. 31 rope professed to be the very rope with which Lord Bacon’s friend tried whether death by suffocation was agreeable or not. The practical conclusion, contrary to the theoretical one of some recent essayists on the abolition of capital punishment, was in the negative. An appropriate inscription to be placed over the door of a collection of this kind might be taken from the Tridelhexe’s speech in the Walpurgisnacht or from a well-known passage in Tam o’ Shanter. Light is thrown on manners by collections, common in France, of billets de naissanee, de mariage, and de mort, or denterrement. Those in use towards the middle of the last century were adorned with emblems, like valentines; and artistic skill of a high order was frequently employed upon them. An account of the billet @enterrement of the Duke de Lavauguyon, a masterpiece of the kind, may be read in the Literary Correspondence of Grimm. The same fashion partially prevailed in England; and the card of invitation to the funeral of Sir Joshua Reynolds, engraved by Bartolozzi, would fetch a high price. A plentiful harvest was offered to collectors of a gloomy and reflective turn by the violation of the graves at St. Denis in 1793. One of them, Ledon, physicien (conjuror) by profession, contrived to abstract fragments of the tombs snfficient to construct a sarcophagus for the rest of his acqui- sitions, consisting of bones, crowns, sceptres, shrouds, and other relics and emblems of defunct kings and queens. ‘The bodies were mostly in different stages of decomposition ; but a few were perfectly preserved, and had a complete look of life. Henry IV. looked as if he had just fallen asleep, and his fresh appearance led to an incident, related by a bystander, which seems to have escaped M. Feuillet de Conches :— ‘A soldier who was present, moved by a martial enthusiasm at the moment of the opening of the coffin, threw himself on the body of the conqueror of the League, and after a long 32 VARIETIES OF HISTORY AND ART. silence of admiration, he drew his sabre, cut off a lock (méche) of his beard, which was still fresh, exclaiming at the same time in energetic and truly military terms: “ And I too am a French soldier. Henceforth I will have no other moustache.” Placing this precious lock on his upper lip: “ NowI am sure of conquering the enemies of France, and I march to victory.” So saying he withdrew. ’! The Grand Monarque was found in perfect preser- vation, and his exact proportions were carefully measured and calculated before he was broken up. His height was under five feet eight; and this result supplied Lord Macaulay with the text of one of his most ornate and characteristic passages. Surenne, who, as well as du Guesclin, had received the royal honour of a burial at St. Denis, was also torn from his tomb, and was on the poimt of being flung into a newly-dug pit with the rest, when a savant, struck by his high state of preservation, claimed the body for the National Academy of Anatomy. It remained there till September 1800, when the First Consul, ashamed of the indignity to which the military glory of France was thus exposed, caused it to be removed with becoming solemnity and deposited in the Church of the Invalides. Stranger still, and yet better fitted to point a moral, was the destiny of Richelieu, whose body was torn ~ from the grave in the Church of the Sorbonne and rudely trampled under foot, after the head had been cut off and exhibited to the bystanders, amongst whom was Lenoir. A grocer got possesion of it, and kept it as a curiosity till he married, when, to calm his wife’s fears, he sold it to M. Armez pere, who offered 5 Description historique et chronologique des Monumens de Sculpture réunis au Musée des Monumensfrancais. Par Alexandre Lenoir, Fondateur et Administrateur de ce Musée; augmentée d’une Dissertation sur la Barbe et les Costumes de chaque Siécle, du procés-verbal des Exhumations de Saint-Denis et d’un Traité de la Peinture sur Verre, par le méme Auteur, Sixiéme édition, Paris, An X de la République (1802), VARIETIES OF HISTORY AND ART. 33 it to the Duc de Richelieu, Minister for Foreign Affairs under the Restoration. The offer remained unacknow- ledged, and the head devolved on M. Armez fils. Ata sitting of the Historical Committee of Arts and Monu- ments, on the 13th June, 1846, attention was called to the circumstance, and the president, M. de Monta- lembert, supported by the committee, attempted to repair the profanation. Their exertions proved vain, and were renewed with no better result in 1855. ‘We accuse no one,’ observes M. Feuillet, ‘still the fact is undeniable that this terrible head, the personification of the absolute monarchy killing the aristocratic monarchy, is wandering upon the earth like a spectre that has straggled out of the domain of the dead.’ During the same popular phrensy in 1793, the fine marble statue of the Cardinal at the Chateau de Melle- raye was decapitated, and—‘ to what base uses we may return, Horatio’—the head was used as a balance weight for a roasting-jack by a zealous republican of the district. Not content with emptying the tombs, the heroes and heroines of the Reign of Terror danced among them : rivalling or outdoing the patrons and patronesses of the Bal des Victimes. Over the entrance to a cemetery was a scroll: Bal du Zéphyr; and once on a time the patroness stood at the door distributing copies of the ‘Rights of Man,’ bound in human skin supplied to the binder by the executioner. M. Villenave possessed one of these copies. What would not an English collector give for one? What would not the drum made out of Ziska’s skin fetch at Christie’s, should it accidentally turn up? Mathematicians will be glad to hear that there is a joint of Galileo’s back-bone in the Museum of Padua, surreptitiously abstracted by the physician entrusted with the transfer of the relics to the Santa Croce at Florence in 1737. The worshippers of the Goddess of Reason were VOL, I. D (3) a4 VARIETIES OF HISTORY AND ART. anticipated in their taste for horrors by the fine ladies, — the belles marquises, of the early part of the reign of Louis XV. If we may trust the Marquis d’Argenson, their favourite object of contemplation was a, death’s head. They adorned it with ribbons, lighted it up with coloured lamps, and remained in mute meditation before it for half-an-hour before the promenade or the play. The queen, Maria Leczinska, had one which she called la belle mignonne, and pretended to be the skull of Ninon de Lenclos. One may suppose, without any lack of charity, that there was nothing very ele- vating or purifying in the train of meditation which the skull of Ninon de Lenclos would inspire. Yet Queen Maria Leczinska passed for virtuous, and was culty of nothing worse than folly, or a shade of hypocrisy, in sanctioning such a fashion by her example. A collector of walking-sticks, M. Henri de Meer, a Dutchman, attracted attention to his collection by going mad and dying with a walking-stick in each hand: feeble imitator of Dr. Morrison, who breathed his last grasping a box of his own pills and calling loudly for more. But the collections which afford most aid to history, and most scope to speculation, are those of wigs, hats, caps, and head-dresses. The vacillating and erratic tendency of national taste, the march of mind, the progress of events, may be traced by them. A war, a peace, a new play, a scientific invention, a public disaster, an actor, a beauty, a hero, a charlatan, anything or anybody that made a noise, originated a head-dress and gave a name to it. There was the perruque a& la Ramilies or a la Villeroy, by way of set-off to the cravat a la Steinkirk, emblematic of the battle in which the star of William paled before that of Luxembourg. ‘ The jewellers, says Macaulay, ‘ devised Steinkirk huckles: the perfumers sold Steinkirk pow- der. But the name of the field of battle was peculiarly given to a new species of collar. Lace neckcloths VARIETIES OF HISTORY AND ART. 33 were then worn by men of fashion; and it had been usual to arrange them with great care. But at the terrible moment when the brigade of Bourbonnais was flying before the onset of the allies, there was no time for foppery; and the finest gentlemen of the court came spurring to the front of the line of battle with their rich cravats in disorder. It therefore became a fashion among the beauties of Paris to wear round their necks kerchiefs of the finest lace studiously disarranged, and these kerchiefs were called Stein- kirks.’ During the exultation caused by the naval combats of the ‘Juno’ and the ‘ Belle Poule,’ the French ladies went about with mimic frigates on their heads. There are individual memories associated with this class of article which have a painful yet irresistible attraction. We cannot avert our eyes from the wig of Queen Margaret, the faithless and fascinating wife of Henry IV., of whom it is recorded that she had her pages clipped to hide under their fair tresses the black locks which nature had bestowed upon her. Still less can we refuse the evidence of the ‘ True Report’ of the last moments of Mary Queen of Scots, which sets forth that, when the executioner lifted the head by the hair to show it to the bystanders with the exclamation of ‘God Save the Queen,’ it suddenly dropped from his . hands. The hair was false; the head had been shaved in front and at the back, leaving a few grey hairs on the sides.’ The author of ‘ Waverley ’ remarks that the vanity of personal appearance may be found clinging to the soldier who leads a forlorn hope, and the criminal who ascends the scaffold. The minutest details of 1 The authority is Chateauneuf, the French Ambassador. See ‘Lettres de Marie Stuart,’ &. &c. Par A. Teulet. Paris: 1859. In the fourth volume of his ‘ Causeries,’ published in 1868, M. Feuillet de Conches has devoted a chapter of fifty-four pages to the ‘ Portraits of D 2 36 VARIETIES OF HISTORY AND ART. Mary’s dress at her execution were carefully studied. According to one account, ‘her kirtle was of figured black satin, and her petticoat-skirts of crimson velvet, her shoes of Spanish leather; a pair of green silk garters; her nether stockings worsted, and coloured watchet (pale blue) clouded with silver, and edged on the tops with silver, and next her legs a pair of Jersey hose. She wore also drawers of white fustian.’ — This account is adopted by Miss Strickland on the authority of Burleigh’s reporter. She adds that the details coincide with those communicated by Chateau- neuf, also from the notes of an eye-witness, which they do with the exception of the stockings. These Cha- teauneuf’s eye-witness declares to have been silk, and the garters he describes as deux belles escharpes sans ouvrage. The stockings and garters are preserved in a collection that has been laid open to the Causeur, and he reminds us, in reference to the large stock of garters comprised in it, that this compromising ligature was not formerly what it is now, a secret or concealed article of dress). Women wore drawers, otherwise called chausses, fastened to the bas de chausses which for shortness we call bas or stockings. The garter, fastened beneath the knee by a rich clasp or buckle, was the connecting-band between the drawers and stockings. There was, consequently, no reason for its not being exposed to view. ‘'This, he continues, ‘explains why in riding dress ladies wore stockings Mary Stuart,’ which, as well as the medals, differ to an embarrassing extent. The colour of her eyes is a lasting subject of dispute, although Lord Byron took for granted that they were gray— ‘ Napoleon’s, Mary’s (Queen of Scotland), should Lend to that colour a transcendent ray ; And Pallas also sanctions the same hue, Too wise to look through optics black or blue.’ It seems to have escaped M. Feuillet de Conches, in speaking of the portraits of Elizabeth, that she repeatedly forbade by proclamation any portrait of her to be taken or sold without her leave. VARIETIES OF HISTORY AND ART. oT richly worked and garters set with jewels; how a Duchess of Orleans (whose garters were inventoried) could venture during her widowhood to have tears and thoughts (pensées) enamelled on them; how Edward - III. could found his great order of the Garter without degrading it by avowing its origin.’ But what was its origin? Surely an antiquarian of M. Feuillet de Conches’s attainments and calibre must know that the old story of the Countess of Salisbury has been given up on all sides, and that the utmost exertions of his learned brethren to solve the mystery have proved vain; although it by no means follows that the actual garter dropped by the Countess may not be found duly labelled in the collection of his friend.’ We must return to the inexhaustible subject of wigs and hair-dressing, if only to point out that the new fashion (set by the Parisian demz-monde) of yellow or golden hair with a tinge of red or auburn, is simply the revival of one which began under more respectable auspices towards the commencement of the reign of Louis XIV. The two queens, Anne and Maria Theresa, dowager and regnante, the Duchess de Longueville, the seductive heroine of the Fronde, and the two first favourites, Mesdames De la Valliere and De Fontanges, were blondes; so, for all the aspiring beauties whom nature had made brunes, there was no alternative but to wear a wig or dye. The men fell into the custom, as may be learnt from Moliere, who makes the Misan- thrope exclaim to Celimene— ‘ Vous étes-vous rendue, avec tout le beau monde, Au mérite éclatant de sa perruque blonde.’ The assumption of the perruque by Jean Baptiste, the son of Racine, secretary of embassy in Holland, is formally discussed between him and his mother-in-law: 1 Ante, vol. i. p. 35. Ladies present at the feasts of St. George wore the garter round the arm, 38 - VARIETIES OF HISTORY AND ART. ‘Your father deeply regrets the necessity which you say you are under of wearing a wig. He leaves the decision to the ambassador. When your father is in better health he will order M. Marguery to make you such a one as you require. Madame la Comtesse de . Gramont is very sorry for you that you should lose the attraction which your hair gave you.’ The entry in Pepys’s Diary for May 11, 1667, runs thus :-— ‘My wife being dressed this day in fair hair, did make me so mad that I spoke not one word to her, though I was ready to burst with anger. After that Creed and I into the Park and walked, a most pleasant evening, and so took coach, and took up my wife, and in my way home discovered my trouble to my wife for her white locks, swearing several times, which I pray God may forgive me for, and bee my fist, that I would not endure it.’ They renewed the discussion the next day, Sunday, and came to an understanding that she should give up her white locks, on his agreeing to give up keeping company with one Mrs. Knipp, of whom there is fre- quent and rather suspicious mention in the Diary. There was no concealment or fear of detection on the part of either sex. The false hair was put off and on by the women like a bonnet or a cap; and a court lady would have felt little abashed at an accident such as recently happened to a fair equestrian, who had the misfortune to drop the whole of her back hair or chignon in Rotten Row.’ The fashion of powdering the hair with gold dust, which has recently found votaries both at London and Paris, was commenced by Poppzea the wife of Nero, and copied by Lucius Verus (the adopted son of Aurelius),, who was extravagantly vain of his hair. ' Since this was written, the chignon has come to be similarly con- sidered an ordinary article of dress, ; VARIETIES OF HISTORY AND ART. 39 Authorities are not wanting to prove that the golden and auburn tints which we admire in the portraits of Titian, Tintoret, and Paul Veronese, were produced by a tincture in vogue at Venice in the sixteenth century.’ The collections show that other shades of colour, espe- cially brown and black, have had their day; and it is a disputed question in connoisseurship whether the highest degree of beauty has not been attained by the brunettes. Red or carroty (which is the correcter trans- lation of roux or rousse) has been at a discount in all ages. It was thought ominous of evil by the ancients, and typical of villany during many ages of the Chris- tian era. ‘Judas-coloured hair’ is the spiteful re- proach of Dryden. ‘ Aussi, dans tout notre musée de coiffure, pas un cheveu roux ardent, couleur de carotte.’ The reason why Racine put off ordering his son’s wig is obvious enough, when we find that the price of one of the fashionable colour was a thousand Trench crowns. The gentleman whom Sydney Smith, in re- ference to the length and redundancy of his curls, accused of growing hair for sale, might have driven a profitable trade at that time. Down to the period immediately preceding the French Revolution, which introduced crops @ la Brutus, the wigs commonly worn by English gentlemen in the streets cost from thirty to forty guineas ; and Rogers, appealing to Luttrell in our hearing, thus described a mode of theft as practised in London within their common memory. ‘The operator was a small boy in a butcher’s tray on the shoulders of a tall man; and when the wig was adroitly twitched off, the bewildered owner looked round for it in vain; an accomplice confused and impeded under the pre- tence of assisting him, and the tray-bearer made off. 1 The whole process is described by M. Feuillet de Conches in a volume got up with his usual taste and research, entitled ‘ Les Femmes Blondes.’ The Venetian ladies commonly wetted their hair with vinegar and water, and exposed it to the sun till it got dry. Others used unguents of which the recipes have been preserved, 40) VARIETIES OF HISTORY AND ART. Fine hair was a frequent resource in want, and a far higher class were occasionally tempted to recur to it than the heroine of a repulsive episode of Les Misérables. Mrs. Howard, afterwards Countess of Suffolk, the favour- ite of George IT., is an example. In her earlier and do- mestic days, when her husband was English Minister at Hanover, they were in want of money to give an indis- pensable dinner or entertainment of some sort, and to supply the deficiency she magnanimously sacrificed her hair. Large allowance should be made for the frailties of a woman who thus understood and practised the self-denying duties of a wife. Of course there were not wanting censors and puri- tans to denounce wigs and cosmetics, as vehemently as Prynne denounced the unloveliness of love-bodks. An Abbé de Vessets published a treatise against Le Luxe de Coiffures, in 1694, containing a chapter headed, Mariage: une fille coéjfce a la mode nest digne de rece- vor ce sacrement. Another abbé is the author of a book on L’ Abus des Nudités de la Gorge. The name of the first member of the priesthood who adopted the peruke to the scandal of the lay public, has been pre- served. It was the Abbé de la Roviere, a courtier of Gaston of Orleans, who afterwards became Bishop of Langres. How modes of thinking, even on sacerdotal subjects, vary with time and country! When the cadet of a noble family (Pelham), who had been a Captain of Dragoons, was made a bishop by George IIL, he nearly went down on his knees to his Majesty to be permitted to dispense with the wig; and the king re- mained inexorable. The rise and fall of Kant’s wig are thought to indicate not only the fitful changes of the curiosity-market, but the rise and fall of his philo- sophy. It (the wig) fetched thirty thousand florins at his death. At one of the subsequent fairs at Leipzig 1 In the early part of the reign of Louis XIV. a lady was ordered out of the chapel at Versailles for not being décolletée enough. Var VARIETIES OF HISTORY AND ART. 4] it was sold for twelve thousand dollars, a fall of from fifteen to twenty per cent. ‘The system of Kant was going down. Can the same be said of the philosophy of J. J. Rousseau, whcse shoes (sabots), sold at the same fair, were given for ten dollars ?’ M. Feuillet de Conches has had in his hand a pair of the spectacles brought from Venice in the seventeenth century, which became so much the fashion that the éé- gantes never took them off, not even in bed. The glasses were double the size of those now inuse. He has, also, examined a packet of the tooth-picks, imported into France by Antonio Perez, which popularised the habit rendered memorable by Coligny, who was never seen without a toothpick between his teeth. After the massacre of Saint Bartholomew, his body was exposed with the eternal tooth-pick in his mouth; but we are not aware that it has been preserved. A collection of buttons was exhibited at the Uni- versity of Ghent in 1845, for the benefit of the poor, and proved a valuable contribution to the history of manners and art. ‘They were not only of all shapes and sizes, in polished steel, in silver and gold, and set with the costliest jewels; but an entire series were painted in miniature by the first artists of the period -—the first years of Louis XVI. There were portraits of celebrated beauties, with copies of ancient statues and scenes taken from ancient mythology. Klingstet made double buttons with a spring, containing two surfaces, and each a che/-d’euvre in its way. Honoré Fragonard, a decorator of note, painted for a gay mar- quis a set of buttons a la Watteau, which have been preserved. Another man of rank wore a set of small watches, without, it is slily added, becoming more famous for punctuality. Equal extravagance was in- dulged about the same time in waistcoats, which, although the material was more perishable, afforded wider scope for luxury and design. An exquisite of 42, VARIETIES OF HISTORY AND ART. the first water was then an improving study for both the sempstress or embroiderer and the scene-painter. One might be seen with the amours of Mars and Venus on his stomach, and another with a cavalry review. ‘We are assured,’ says a writer in the Mémoires Secrets, ‘that an enthusiast has ordered a dozen waistcoats representing scenes from the popular plays, so that his wardrobe may become a theatrical repertory and some day serve for tapestry. After the assembly of the Notables, there were gilets aux Notables, copied from the print described by Bachaumont: ‘The king is in the middle, on his throne: in the left hand he holds a scroll on which are these words, L’dge dor ; but by a very offensive oversight it is so placed that he seems to be rummaging his pockets with his right hand.’ A little later, the guillotine grew into fashion for ornaments, especially for brooches and pins.’ The same vaunted collection, which reopens so many curious chapters of social annals, is described as parti- cularly rich in gloves. M. Feuillet de Conches boasts of having himself contributed the identical pair of gloves which Anne of Austria sent to Spain to the Duc d’Arcos, with a letter of business ending with this P.s. : ‘Monsieur Le Duc et Compere, I send herewith a pair of gloves which will serve as a pattern for the dozen which I request you tu have forwarded to me.’ These gloves are of coarse leather ; and surprise is expressed that they could be worn by a woman who, it was feared at Madrid, was too delicate to be able to sleep in Holland sheets. Alongside of them are placed the gloves which Antonio Perez, Spanish ex-ambassador, sent to Lady Knolles with a letter saying: ‘These gloves, Madam, are made of the skin of a dog, the animal most praised for his fidelity. Deign to allow 1 Gilets a la Robespierre were worn by the more advanced republicans at Parisin 1848. VARIETIES OF HISTORY AND ART. 43 me this praise, with a place in. your good graces. And if 1 can be of no other use, my skin at least might serve to make gloves.’ He was so pleased with this conceit, that in a letter to Lady Rich he repeats and improves upon it :— ‘IT have endured such affliction at not having ready at hand the dogskin gloves desired by your ladyship that I have resolved to sacrifice myself for your service, and to strip off a little skin from the most delicate part of myself, if indeed any delicate skin can be found on a thing so rustic as my person.... The gloves are of dogskin, Madame; and yet they are of mine, for I hold myself a dog, and entreat your Ladyship to hold me for such, as well on account of my faith as my passion. The skinned dog (perro decollado) of your Ladyship, Anton. PERzz.’ Themost curiouscollection of chaussures (boots, shoes, and slippers) is stated (1862) to be in the possession of an Englishman, Mr. Roach Smith. Besides specimens of every successive age, beginning with the boots of a bishop in 721 A.p., he has several to which an _ historic or romantic interest is attached ; e.g. the shoes of most of the beauties of Charles II.’s court, including the Duchess of Cleveland, the Countess of Muskerry, and la belle Hamilton (afterwards Comtesse de Grammont) with those of Miss Jennings and Miss Stewart (the original of the Britannia on the guinea), stolen, accord- ing to the labels, by Rochester and Kilherew. There is an entire compartment devoted to some of the shoes crowned by the Soczété des Petits Pieds, over which the member with the smallest foot presided till she was displaced by a competitor; and a Cinderella- like slipper was kept to test the qualifications of the candidates. If Pauline Buonaparte (Princess Borghese) had competed, she would have been hailed president for life by acclamation. Her feet, besides their small- ness and exquisite shape, were plump (potelés) and rosy like those of a child: the use of crushed strawberries 44 VARIETIES OF HISTORY AND ART. instead of soap was thought to preserve their rosiness ; and she was by no means chary in exhibiting them. On ceremonial occasions, a page entered with a cushion of dark velvet, on which she placed her foot, whilst he knelt and drew off the stocking. Her remark on sitting for a nearly nude figure to Canova is well known. The Curteux relates a trait of enthusiasm on the part of a milord which we suspect will prove new to his countrymen. A Scotch Earl, Lord Fife, gave Madame Vestris a thousand guineas to allow a cast to be taken of her leg, which was superb. The Earl died, and this cherished leg was sold for half a crown ! The moral reflection is conveyed in a line from Lamar- tine : ‘J’ai pesé dans ma main la cendre des héros.’ This leg should have been sent to the fair at Leipzig along with Kant’s wig. The Germans are the people for answering to a call on sensibility or sentiment. When Sontag was in the height of her celebrity at Berlin, a party of her military admirers bribed her maid to give them one of her cast-off slippers, had it set as a cup, and toasted her in it till it was worn out. There is another story that a party of students rushed into her hotel whilst her carriage was driving off, and made prey of a wine-glass not quite empty, out of which she had just been drinking. This was put up to auction on the spot and fetched seventeen dollars. A pair of shoes has been preserved with the extra- vagantly high heels painted by Watteau to represent a flock or sheep-fold (bergerie) of Loves. The Duchess de Berry had a shoe that once belonged to Louis XIV., of dark velvet, embroidered with flewrs-de-is and adorned with a battle-piece painted by Parrocel. ‘ Puasque nous causons, let us pause a little to speak VARIETIES OF HISTORY AND ART. 45 of the history of flowers, of the flowers that Marie Antoinette loved so well, that she so largely contributed to multiply and embellish. We willingly pause to record the plausible claim put in for the invention of what is commonly called the English system of gar- dening, by a Frenchman in the time of Louis Quatorze. It was the poet Du Fresnoy, we are assured, who first ventured on substituting the picturesque variety of the landscape painter for the rectilinear style of the architects, and was made comptroller of the royal gar- dens in recognition of his merit. But nature and simplicity were sadly out of keeping with the artificial grandeur of Versailles. The genius of Du Fresnoy was chilled or rebuked by his royal patron, and the reform planned by him stopped short. ‘ His system returned to us,’ says the Curzeux, ‘in the following age, with the British stamp on it, as so many products of French imagination return to us.’ Gurardin created Ermenonville; M. Boutin, Tivoli; M. de la Borde, Meréville ; the poet-painter Watelet, Moulin-Joli. The Prince de Ligne did his best to correct the stiffness of his paternal alleys and flower-beds. Then, in 1774, came Marie Antoinette, who, under the direction of Bernard de Jussieu and a clever gardener, converted Trianon into a charming parterre, where the system of the English painter, Wilham Kent, and his rival, Browne (the inventor Du Fresnoy was altogether forgotten), was more followed than the severe harmony of Le Nostre and De la Quintenie. Kent died in 1748 ; and Browne achieved his highest distinction by layimg out the grounds of Blenheim, where he committed a solecism which proved a com- promising one for his illustrious employer, the great Duke of Marlborough. A magnificent bridge over a streamlet provoked the epigram : ‘The lofty arch his high ambition shows; The stream an emblem of his bounty flows,’ 46 VARIETIES OF HISTORY AND ART. Our neighbours were in no hurry to reclaim their property in the invention, if it can be so termed; and we suspect that the resumption simply formed part of the Anglomania that came over them about the time when Marie Antoinette began amusing herself with the creation of Le petit Trianon. Her fondness for flowers led to one of those revolutions in head-dresses of which specimens may be multiplied to weariness. When flowers got common, the court ladies took first to fruit and afterwards to vegetables. Chaplets of artificial radishes and carrots were in vogue. Madame de Matignon appeared one day, a@ la jardiniere, in a head- dress of brown linen striped with blue, ornamented by the artist hand of Leonard with a head oF brocoli and an artichoke. The bare list of collections visited by the Curreux would fill many pages. But his master passion is for autographs ; and he is constantly digressing to expatiate on their value and their charm; on the best methods of utilising and the sacred duty of preserving them. Indeed, he is a veritable Chinese in his reverence for written paper; and he would cordially assent to the second branch of the rowé maxim, Write not, Burn not, without regarding, probably without suspecting, the consummate profligacy that lurked in it. Yet in his highly interesting dissertation on the Cassette aux Poulets of Fouquet, he incidentally demonstrates the imprudence, to use no stronger term, of giving a per- manent form to any shade of forbidden feeling or any passing burst of irritability, disappointment or caprice. 1 Madame Ratazzi’s character of herself, addressed to and published by M. d’Ideville, contains this passage :—‘ Mais j’oubliais deux choses: 1° que je ne veux pas me moquer de vous: 2° que j’oublie sans cesse la recommandation que m’avait faite ma belle-mére, une femme d’esprit, le jour de mon mariage: ‘Soyez sage, mon enfant, si vous pouvez,” me dit-elle & voix basse, “ mais surtout, quoi qu’il arrive, mettez des verrous & vos portes et n’écrivez jamais.” J’ai toujours fait tout le contraire.’— Journal dun Diplomate. VARIETIES OF HISTORY AND ART. AT The one may make an enemy or unmake a friend; the other may destroy a reputation. ‘Trifles light as air, once cominitted to paper, have often led to complica- tions in which peace, fortune, and happiness have been wrecked. Fouquet, the prince of financiers, was not less re- nowned for gallantry than for liberality and wealth. His downfall was owing to his indiscreet rivalry with his royal master both in magnificence and love. The first step after his arrest was the seizure of his papers, including the casket in which he kept those notes and letters of female friends and applicants which pass under the denomination of poulets. The opening of this casket was dreaded like that of another Pandora’s box, without Hope at the bottom. What varied evils, what scandalous disclosures, what revelations of broken fortunes and fallen or falling virtue, might come forth! The King himself opened the casket, and its contents were read by only two persons besides himself, the Queen and Tellier (the royal confessor). All sorts of stories were afloat, and Madame de Motteville remarks that few persons about the Court where exempt from the charge of having sacrificed to the golden calf: that the fable of Danie was fully borne out; and that, since by extraordinary ill-luck Fouquet kept all the letters addressed to him, things were read which did great harm to very many persons. Rumour and malice added, coloured, or invented. A pretended letter from Madame Scarron (afterwards Madame de Maintenon) was handed about, containing this pas- sage :— ‘J’ai toujours fuy le vice, et naturellement je hais le péché ; mais je vous avoue que je hais encore davantage la pauvreté. J’ai recu de vous dix mille écus; si vous voulez encore en apporter dix mille dans deux jours, je verrai ce que j’aurai a faire.’ Another version of the letter commences differently 48 VARIETIES OF HISTORY AND ART. and ends: ‘Je ne vous defends pas despérer. The Curieuz indignantly denounces this letter as a fabrica- tion, and justifies his incredulity by a passage in the Souvenirs of Madame de Caylus: ‘I remember to have heard that Madame Scarron, being one day obliged to go to speak to M. Fouquet, she thought fit to go so negligently dressed that her friends were ashamed to take her there. Everybody knows what M. Fouquet was, and his weakness for women, and how the vainest and the best placed sought to please him.’ The uncharitable might put an opposite interpreta- tion on this neglected dress ; and the best defence for Madame Scarron is the continued respect in which she was held by the Court and her private marriage to the King. There is no hatred. like religious hatred, and this very marriage became a fresh topic for calumny in the hands of those who had suffered from the persecu- tions encouraged by her bigotry. ‘In 1835, at the French Hospital in London,’ says the Curzeux, ‘1 found in the possession of an old female inmate, an English libel against Madame de Maintenon, entitled, The French King’s Wedding, or the Royal Frolic; being a pleasant account of the intrigues, comical courtship, caterwauling, and surprising marriage ceremonies of Louis XIV. with Madame de Maintenon, with a Comi- cal Song, sung to His Majesty: 1708. The old Pro- testant obstinately refused to cede me the book, which she read and re-read with pleasure, although she found difficulty in understanding it.’ A second lady whom the Curiewx deems unjustly calumniated was the Marquise du _ Plessis-Belliére, accused of having assisted Touquet in his designs on Madame de la Valliere on the strength of what is termed a hideous apocryphal letter amongst the papers of Conrart. The Marquise was a friend of Fouquet and rendered him important political services, whether she was paid for them or not. The reputation of VARIETIES OF HISTORY AND ART. AY another great lady, the Princess of Monaco (née de Grammont), who was also compromised by the corre- spondence, is abandoned as not worth defending ; and in this instance at least a sound discretion has been exercised. Leaving her husband to the solitary en- joyment of his miniature sovereignty, she lived a gay life at the French Court, where she was renowned for the rapid succession of her lovers, every one of whom was regularly hung in effigy by the Prince in the avenue of his palace at Monaco, with a label round the neck. The number became startling ; strangers came from far and near to admire the spectacle; and the circumstance at length came to the ears of the Grand Monarque. He tried at first to interfere with a high hand, but finding his threats vain, and the scandal on the increase, he was fain to conciliate the Prince by a promise that astrict guard should henceforth be kept on the Princess; whereupon the effigies were removed. Another letter to Fouquet, which no virtuous woman could have written, endorsed Lettre dune Inconnue by Conrart, was by turns attributed to Madame Scarron and Madame de Sévigné in the Wémotres sur la Bastille, and finally given to Madame de Sévigné by the rest of the scandalous chronicles in circulation. Her known and avowed letters go far to refute the calumny. ‘With him’ (Fouquet), she writes to Bussy, ‘I have always the same precautions and the same fears, which notably retard the progress he would willingly make. I believe he will be tired at last of always recom- mencing uselessly the same thing.’ The following passage is copied verbatim et literatim from an autograph letter of hers to-Ménage in the possession of the Curzeuc : ‘Je vous remercie, mon cher monsieur, de toutes vos nouuelles. Il y en a deux ou trois dans vostre lettre que ie ne sauois point. Pour celles de M. Fouquet, ie nentends parler dautre chose. Je pense que vous saues bien le de- VOL, Il. E 50 VARIETIES OF HISTORY AND ART. plesir que iay eti davoir esté trouuée dans le nombre de celles qui luy ont escrit. Il est vray que ce nestait ny la galanterie, ni linterest que mauoient obligée davoir vn com- merce avec luy. Lon voit clairement que ce nestait que pour les affaires de M. de la Trousse; mais cela nempesche pas que ie naye esté fort touchée de voir quil les avoit mises dans la cassette de ses poulets, et de me voir nommée parmy celles qui nont pas eu des sentimens si purs que moy. Dans cette occasion iay besoin que mes amis instruisent ceux qui ne le sont pas. Je vous croy asses genereux pour vouloir en dire ce que M®. de la Fayette vous en aprendra, et lay receu tant dautres marques de vostre amitié que je ne fais nulle facon de vous coniurer de me donner encore celle-cy.’ Bussy-Rabutin who, like Fouquet, had failed to touch his charming cousin’s heart, quarrelled with her, and took an ungenerous revenge in his Histozre Amou- reuse des Gaules. But he soon grew ashamed of his conduct, and did his best to compensate for the wrong by (to use his own language), ‘siding with her loudly against the people who sought to confound her with the mistresses of the minister.’ To be well-armed for the campaign, he saw Tellier, and was assured by him that ‘ the letters of Madame de Sévigné were the letters of a friend who had a great deal of wit, and that they had amused the King more than the insipid tenderness of the other letters, but that the surintendant had mal a& propos mixed love with friendship.’ Tellier, it is justly added, was not the man to palliate evil if there was any, for it was he of whom the Comte de Grammont said, on seeing him go out from a private conference with the King, ‘He looks like a polecat that has just been killing chickens and is licking his blood-stained muzzle.’ Both Madame de Sévigné and Madame de Maintenon are in high favour with the Curieux, having both con- tributed largely to his collection of autographs ; and he insists on throwing the entire responsibility of the re- vocation of the Edict of Nantes, and other arbitrary VARIETIES OF HISTORY AND ART. agi measures suggested or sanctioned by Madame de Main- tenon, on the King. The ingrained absolutism and egotism of Louis XIV., he contends, were at their acme from his earliest years. In the public library of &t. Petersburg, under the glass covering of a collection of autographs, may be seen one of the copybooks in which his Majesty practised writing as a child. Instead of ‘Evil communications corrupt good manners,’ or ‘ Virtue is its own reward, the copy set for him was this: ‘ Les rows font tout ce qwils veulent.’ The best mode that could be hit upon for teaching history to Louis XV. was that recommended by S8t. Simon to Fleury, the royal preceptor, afterwards car- dinal and minister. It was to hang a gallery with his- torical portraits and sketches, to make this the place of reception for the children of the nobility who came to pay their respects to their young sovereign, to have them tutored beforehand and accompanied by precep- tors, who were to lead the conversation to prominent events or characters, and so draw him on to make inquiries and pick up information. More than half (300 pages) of the third volume of the Causeries is devoted to Montaigne, who is held in high favour, despite of two peculiarities which might have been expected to lower him in the opinion of a collector of autographs. He was an infrequent and careless correspondent, and he expressed a thorough contempt for all who wrote letters with a view to publication or literary fame. He excepts none, not even Cicero and Pliny the Younger, of whom he Says : ‘This surpasses all meanness of heart in persons of their rank to have wished to derive glory from egotism and prattle, to the point of employing for this purpose their private letters to their friends; so that, some having missed the time for being sent, they have notwithstanding published them with this worthy excuse that they were unwilling to E2 BW, VARIETIES OF HISTORY AND ART. lose their pains... . Does it become two Roman consuls, sovereign magistrates of the imperial State of the world, to occupy their leisure in arranging and dressing up a fine missive, to draw from it the reputation of understanding well the language of their nurse? What could a school- master, who gained his livelihood by it, do worse ?’ What would Montaigne have said had he lived to be told of the miserable subterfuge of Pope, who sur- reptitiously caused his letters to be published, and then denounced the publication asa theft; or of the anxious care taken by Horace Walpole to transmit corrected copies of epistolary gossip to posterity? Be their mo- tives what they might, we are indebted to them for com- positions which the world would not willingly let die. Throwing over Pliny somewhat unceremoniously and unnecessarily, M. Feuillet de Conches takes up the cudgels for Cicero, who, he vows, did not write his letters to his familiars—ad familiares—for any eyes but theirs ; and the proof is that, when Atticus applied to him for copies, with a view to a complete collection, he had none. Montaigne, too, it is retorted, printed some of his own letters; whilst his mode of speaking of them and his method of epistolary composition is strongly marked by self-complacency :— ‘On this subject of letters, I wish to say this one word, that if is a work in which my friends hold that I am capable of something; and I should more willingly have chosen this form of publishing my whims, had I had anyone to speak to (sz feusse ew a qua parler). I needed, what I have had at other times, a certain commerce that attracted, sustained, and excited me. If all the paper was in existence that I have ever blotted for the ladies, when my hand was truly carried away by my passion, there would haply be found some page worthy to be communicated to idle youth misled by this madness.’ After saying that he writes very fast, and very badly, trusting to the indulgence of the great personages with VARIETIES OF HISTORY AND ART. 53 whom he corresponds to excuse blots and erasures, he * continues :— ‘ The letters which cost me most are those that are worth least ; from the moment that I flag, it isa sign that I am no longer in the vein. I readily begin without plan; the first sometimes produces the second... . ‘ As I had rather compose two letters than close and fold one, I always resign this duty to another; so that, when the substance is finished, I would willingly charge some one with the duty of adjusting those long harangues, offers, and prayers, that we place at the end, and wish that some new custom would deliver us from them.’ His wish has been granted, and our formal conclu- sions are now speedily dispatched. His habit of be- ginning without a plan recalls Rousseau’s beau idéal of a love-letter, which should be begun without the writer knowing what he is going to say and end without his knowing what he has said. The letter of a celebrated Frenchwoman to her husband is a model of concise- ness. ‘Je commence, parce que je nat rien a faire: je jinis parce que je nar rien a dire’ —T. A. V. The increased facility of communication has en- couraged brevity and haste ; we dash off a dozen letters in an hour instead of devoting half a morning to the production of one; and literary people are remarkable for carelessness in this respect,—probably on the prin- ciple avowed by Madame de Staél : ‘ Since I have aimed openly at celebrity by my books, I have left off paying any attention to my letters.’ The literary public are indebted to M. Feuillet de Conches for a valuable collection of letters in which the place of honour is assigned to Montaigne ;* and his familiarity with the style and hand-writing of this, the quaintest and most original of essayists, led to his being called in to decide an amusing and instructive 1 ‘Lettres inédites de Michel de Montaigne et de quelques autres personnages pour seryir & l’histoire du seiziéme siécle.’ 54 VARIETIES OF HISTORY AND ART. controversy. An autograph letter of Montaigne be- longing to the Countess Boni de Castellain was put up to auction in 1834, and the agent of M. de Pixerécourt, having received an unlimited commission, gave 700 francs for it to the extreme disgust of his employer ; who, on the chance of getting rid of his bargain, started what at first sounded like a plausible objection to its authenticity. The autograph was a report, dated February 16, 1588, to Maréchal de Matignon of what befell the writer and his party in an encounter with a troop of Leaguers, and contains this sentence: ‘ Nous n’osiens cependant passer outre pour l’incertitude de la streté de nos persones, de quoi nous devions estre esclercis sur nos passepors.’ Thedoubt arose from the word passepors, which, it was contended, was more modern. Thereply wasthat, besides being aged 4 in another letter of Montaigne’s and 3 in one from the Cardinal de Lorraine of anterior date, it actually occurs eight times in the Ordonnance d’ Institution des Postes framed under Louis XI. in 1464. An autograph, however, like Ceesar’s wife, cannot endure suspicion : to be once discredited is enough ; and the letter which cost 700 francs was subsequently thought dear at thirty. The word passport, it may be remembered, is intro- duced by Shakspeare in Henry V.’s speech before the battle of Agincourt: ‘Let him depart: his passport shall be made.’ But it appears from ‘ The Sentimental Journey, published in 1768, that passports were not then in general use for travelling in time of peace: ‘I had left London (says Yorick) with so much precipita- tion that it never entered my mind that we were at war with France; and had reached Dover, and looked through the hills beyond Boulogne, before the idea presented itself; and with this in its train, that there was no getting there without a passport.’ + 1 The most astounding collection of forged autographs ever known was that for which MM. Chasles and Elié de Beaumont stood god- VARIETIES OF HISTORY. AND ART. 5D In the first chapter of his Fourth Book, entitled Voyage ou il vous plaira, the Curteux analyses the nature of the interest we take in the personal qualities of authors, and strengthens his theory by the authority of Addison in the ‘Spectator, who begins by drawing a portrait of himself, which, although verging on caricature, has preserved two or three of the genuine and strongly marked features of the original. If not quite so taci- turn as his literary double, Addison used to say of himself that, with respect to intellectual wealth, he could draw bills for a thousand pounds, though he had not a guinea in his pocket. It was said of Corneille quil avait tout son esprit en génie; and he pleads guilty to the impeachment :— ‘ J’ai la plume féconde et la bouche stérile, Bon galant au théatre et fort mauvais en ville; Et V’on peut rarement m’écouter sans ennui, Que si je me produis par la bouche d’autrui.’ According to an autograph note written by the Abbé d’Olivet for Voltaire and verified by the Curieux, there was another peculiarity in which the author of the Cid resembled another English writer of genius. Pope says in one of his letters that he had been three weeks waiting for his imagination; and his habit was to take instant advantage of it when it came; rising frequently in the middle of the night to fix a thought, an image, or a rhyme. The fitfulness of Corneille’s inspirations is thus illustrated in the note. One day whilst Moliere was dressing, two men of letters dropped in and spoke with high praise of a tragedy by Corneille fathers ; and the controversy they raised is one amongst many melancholy proofs of the liability of learning and integrity to be the dupes of im- pudent imposture. The number and variety, including Milton, Galileo, Pascal, Newton, &c., &c., should have created distrust from the first ; and how the internal evidence of the forgery escaped so many savans and Academicians is quite unaccountable. It was left to M. Van de Weyer to point out that a passage in a French letter (modern French) attributed to Milton was copied almost literally from the ‘ Notice sur Milton’ by M. Villemain. 56 VARIETIES OF HISTORY AND ART. played the night before for the first time. Moliere listened without uttermg a word. When he was dressed, he began, ‘ Well, gentlemen, so you believe that Corneille is the author of what you have heard ? Learn that there is a little demon who has conceived a friendship for him, and who has the wit of a demon. When he sees Corneille seating himself at his desk to bite his nails and try to make verses, he approaches and dictates four, eight, ten, sometimes twenty verses in succession, which are superior to anything that a mere man can make. After which the little demon, who is as mischievous as a demon, withdraws some paces off, saying, ‘ Let us see how the rogue will get on without help.” Corneille then makes the ten, twenty, thirty following verses; amongst which there are none but very ordinary, or even there are some very bad. The next day the same game is recom- menced between the demon and Corneille. The whole piece is composed in this manner. Beware, gentlemen, of confounding the two authors. The one is a man, but the other is far more than a man.’ This differs somewhat from the fine criticism of St. Evremond where he says: ‘ That which is not excellent in him (Corneille) seems bad, less from bemg bad than from not having the perfection which he had managed to reach in other things. He preferred Rodogune to all his pieces; the public, Cinna.’ The note (St. Evremond’s) concludes: ‘ This iswhat I have heard related by the late Baron, our Roscius, who was present when Moliere said it. I can also certify that M. de Maucroix, canon of Ttheims, who died in 1708 at the age of ninety, told me that the audience at the theatre rose when Corneille entered, as for the Prince de Condé; and this he has told me more than once.’ The lively illustration of Moliére would apply to many other men of genius—aliquando bonus dormitat fomerus; and we have heard as coming from the - VARIETIES OF HISTORY AND ART. 57 mouth of an English author fond of argument, the remark given by the Curieuwx to Nicole of Port-Royal, in reference to his friend Troisville: ‘ He has the best of it in the room; but he is no sooner at the bottom of the staircase than I have confuted him.’ Is this the origin of the term Pesprit de Pescalier ? Rousseau fre- quently complains of his own want of readiness and lays claim to the same description of wit. Cuddie Headrigg says of Lady Margaret Bellenden, ‘My leddy dinna like to be contradicted; as I ken naebody does if they can help themselves.’ The Curieux does not like to be interrupted ; ‘not,’ he adds, ‘out of pride, but because interruption staggers and troubles his thoughts, and puts him out in his interro- gations. He has been often heard to exclaim, like M. de Fontenelle, ‘My children, if we were to speak but four at once! what would you have? The Curreur has his nerves; you have yours.’ This grievance would be comparatively little felt in England, where conver- sation is more elliptical, and the best talker is lable to be voted a bore if he habitually transeresses Switt’s rule (strongly recommended by Sydney Smith) of not occupying more than half a minute without a break ; it being free to all to get as many half minutes as they can. The well-known incident of the Frenchman watching his opportunity to strike in and murmuring Sul tousse, il est nerdu, could hardly have recurred in this country ; at least not since two of the most eminent modern English historians have been taken from us. If there is no precise reason why causeries of this kind should stop anywhere, they must clearly stop some- where, and M. Feuillet de Conches’s readers are not like the audience in ‘ The Critic,’ who (according to Mr. Sneer) were perfectly indifferent how the actors got off the stage so long as they did get off. The Curieuwx, therefore, despite of his dishke to interruption, intro- duces a Deus ex machindé in the shape of his publisher, 58 VARIETIES OF HISTORY AND ART. ‘le fidele Henri Plon,’ exclaiming, ‘ Ah, Mon Dieu, est al possible! So you are still rummaging among the ashes of antiquity: you are still lingering among the frosts of the North: you are still at Aulnay with Huet, at Caen with M. de Malherbe, in Burgundy with Rabutin. Are you not also going to run off to London, to Florence, to Mantua, to Venice? And my third volume? And then your photograph, which my sub- scribers insist upon.’ The bare mention of the photograph provokes a diatribe against this new and popular substitute for the miniature and the engraving. ‘ Photography,’ replies the Curteux, ‘is my aversion; if it repro- duces monuments and chalk or pencil drawings to admiration, it has infirmities and intolerable falsehoods for living nature. It can make nothing of distances, and does not see true: It falsifies features. It falsifies colours. In a word, it is the antipodes of art; it is the slave of an instrument and has all the defects of one. When Daniel du Moustier painted people, he made them better-looking than they were, giving as ‘his reason : ‘“* They are such fools that they believe themselves to be what I make them, and pay more.” But there are sitters more stingy than foolish, and if photography was dear, no one would submit to it; for it makes uglier than nature. It has been popularised by cheapness.’ And so he runs on, till he has fairly run himself out and is content to conclude in right earnest, leaving us no alternative but to conclude with him. EDWARD LIVINGSTON. (From THE EpinpurcH REVIEW, For JuLty 1864). Life of Edward Livingston. By Cuartes Havens Hon. With an Introduction by Groregr Bancrorr.. New York: 1864. WE have rarely been more struck or interested by any biographical work than by this book. It re-animates and elevates its theme by dint of truth and earnestness, without exaggerating a merit or palliating a defect ; and we speedily found ourselves following with anxious admiration the career of a legislator and jurist, whose rejected System of Penal Law has hitherto been thought to constitute his sole title to European attention or celebrity. This effect may be partly owing to the hght thrown by his speeches and corre- spondence on the causes and growth of the internecine dissensions of the United States; but the grand attraction may be traced to the fact that his chequered life, quite independently of its manifold and momentous relations to public measures and events, is fraught with useful lessons in conduct and deeply coloured with romance. We may simultaneously deduce from it, by way of moral, that honesty and energy of purpose must succeed in the long run and that the development of the highest talents, or the prosecution of the loftiest aims, may be fatally checked by pecuniary embarrass- ments resulting from neglect. It is a welcome change to turn from the sanguinary contentions, the sordid passions, and the shattered condition of the American people at the present time (1864), to the wisdom, the 60 EDWARD LIVINGSTON. dignity, and the love of freedom which marked the ereat citizens of the commonwealth in its earlier years. Of these men Edward Livingston was one. The master passion of a prosperous family in the New World is to prove its descent from one of traditional nobility or gentility in the Old. A member of the transatlantic tribe of Warrens has printed a comely quarto to prove that the last Earl de Warrenne (who left no issue) was their lineal ancestor; and a Bright of Boston has devoted a royal octavo of three hundred and forty-five pages to ‘The Brights of Suffolk ;* in which, strange to say, he lays no claim to relationship with his distinguished namesake, the Member for Birmingham. We may consequently con- sider ourselves as let off cheaply by Mr. Hunt, when he disposes of the Livingston pedigree in a single chapter of moderate length, having had strong temptations to overcome ; for that pedigree is remarkable alike for its clearness and its respectability. | Itmodestly commences with Sir Alexander Livingston, of Calendar, who on the death of James I. of Scotland, in 1437, was appointed one of two joint Regents during the minority of James IT., and wasmade Keeper of the King’s person, his associate Crichton being Chancellor. The murder of Harl Douglas in Edinburgh Castle by these worthies, has done more to perpetuate their memories than any good or wise action performed by either of them; but, as was pointedly said by Gibbon, ‘ treason, sacrilege, and proscription are often the best titles of ancient nobility.” The Livingstons had their fair share of this sort of illustration; having generally managed to lose their peerages nearly as fast as they got them by taking the losing side in 1715 and 1745. The destinies of the founder of the American branch, Robert, were swayed, in his own despite, by the in- dependent and insubordinate spirit of his race. He was born in Teviotdale, in 1654, the son of the EDWARD LIVINGSTON. 61 Reverend John Livingston, who played a prominent part in Scottish ecclesiastical history, and passed the last nine years of his life (from 1663 to 1672) at Rotterdam, under sentence of banishment for Nonconformity. Robert was bred up amongst Dutchmen, and as soon as he came to man’s estate, he started for New York, took up his residence in Albany, then a Dutch village, and proceeded to amass landed property in a fashion which will sound strange to the conveyancers. of Lincoln’s Inn. The first purchase, we are told, was of two thousand acres on Roelof Jansen’s Hill. The deed, bearing date July 12, 1683, was executed by two Indians and two squaws, with names defying pro- nunciation and orthography. The consideration con- sisted of 300 guilders and a strange medley of assorted goods and articles to be paid or delivered in five days. The other conveyances were of the same character, and at the foot of one of them is this receipt : ‘This day, the 18th July 1687, a certain Cripple Indian Woman named Siakanochqui of Catskil acknowledges to have received full satisfaction by a cloth garment and cotton Shift for her share and claim to a certain Flatt of Land Situate in the Manor of Livingston; Which Wit- ness, &e.’ In this way Robert Livingston became the proprietor of a territory embracing upwards of one hundred and sixty thousand acres, which was erected by patent from the Crown into the Lordship; and he fondly looked forward to its perpetuation, one and undivided, like an ancestral manor in Great Britain, in a succession of representatives. But the force of democratic institu- tions was too strong; and the third possessor parcelled it out amongst his children with as proud a contempt for primogeniture and aristocracy as if he had been a cotton lord or manufacturer—perhaps prouder. In. allusion to the resulting loss of concentrated influence and importance, Mr. Hunt exclaims : 62 EDWARD LIVINGSTON. ‘ What a change has the intervening half century wrought, not merely in the affairs of this house, but in those of all like establishments in this country! The Livingstons are now a multiplied host of for the most part energetic and successful individuals, and their aggregate wealth and in- fluence exceeds the probable dreams of their ambitious an- cestor. Yet the strength which comes of combination is gone from them. Our democracy divides every clan, minces every estate, individualises everybody, disintegrates every- thing. Each man is the head of his own family ; no man can be the head of the family of his ancestors.’ Down to this point the writer seems to favour the inference that the change is for the best. But in the very next paragraph we are shown the reverse of the medal, and are warned to anticipate a consummation which is already more than half completed : ‘In the United States, we seem to be out-heroding this tendency of the times. Our political leaders, representatives, and even judges, are now too often individuals whom many an obscure, well-bred person would not meet in the same drawing-room for all the world. We are certainly making some progress in bridging the gulf which once generally separated low manners from high positions. Such progress is one of the worst of our present evils; it threatens us with the most palpable of our future dangers. How far the effrontery of ill-bred ignorance and incapacity will carry it- self towards monopolising places of dignity, power, and trust, -is truly a question of moment. It is frightful to contem- plate the possibility that the entire government in all its branches of so great and prosperous a country may, some day, be given permanently over to unlettered and unman- nered statesmen. The whole world always did and always will respect a man who becomes conspicuous by force of high capacity and virtue, in spite of humble birth and imperfect education; but surely it would be better if public opinion should restrain politicians from aspiring to the Presidency without a respectable knowledge of grammar and the pro- prieties of life.’ Unluckily it is this very public opinion which en- oN) EDWARD LIVINGSTON. 6 courages these unlettered and unmannered ‘ statesmen,’ as they are called by courtesy, and it will be well if they transeress no higher rules than those of grammar and propriety. The democratic principle, however, was only just beginning to operate when Edward Livingston was approaching manhood: its foundations had hardly been so much as laid when he came into the world ; and he had all the advantages at starting which the wealth, position, and connexions of progenitors and parents can bestow. 3 His father was a judge of the Supreme Court of the Colony of New York, and was so highly esteemed that one of his most intimate friends, William Smith, the historical writer, was accustomed to say, ‘If I were to be placed in a desert island, with but one book and one friend, that book should be the Bible, and that friend Robert Livingston.’ is mother, Margaret Beekman, ‘a woman of a large and heroic mould,’ is described as a meet mate for such a man. Ananecdote of Edward’s boyhood proves both his own sweetness of temper and the maternal sagacity on which the formation of character in children so materially de- pends. One of his sisters came with a complaint to the mother of having been roughly accosted or unkindly treated by him. ‘Then go into the corner. I amsure you have been very naughty, or Edward would not have done so.’ His only battle at school was in vindication of his veracity, when assailed, hke that of Bruce in the centre of Africa, for the statement of a familiar fact. ‘The occasion, says Mr. Hunt, ‘was the moral necessity of backing up a statement which he casually made among his fellows, to the effect that at Clermont they had an ice-house in which ice was preserved for family use through the summer,—a statement which one of the boys, because he had never heard of such a thing before, honestly but indiscreetly pronounced to be—a lie.” He was not remarkable for diligence at 64 EDWARD LIVINGSTON. school, but no degree of idleness could deprive a boy of his stamp of the education of events and circum- stances; and these were of the most impressive kind at the precise time when his heart and imagination were most prone to be moved and stirred by them. Born on the 26th May, 1764, he was in his thirteenth year on the day of the Declaration of Independence : his first degree at College, Nassau Hall, Princeton, was contemporary with the surrender of Lord Cornwallis in 1781; and his legal studies were completed about the time when ‘a grave little gentleman in black (John Adams) walked up St. James’s as first American ambas- sador. Before attaining his majority, he had mingled in the contest for the most sacred of rights: he had played his part in popular demonstrations: he had witnessed marches and countermarches, advances and retreats: he had seen all that was dearest to him repeatedly at stake: he had heard the angry clamour of the market-place suddenly drowned by the rattle of musketry ; and when his family were hastily decamp- ing with their household goods from their cherished home, with the hostile soldiery at hand, he had caught courage from the hearty laugh of his mother at the figure made by a favourite servant, a fat old negro woman, perched in solemn sadness on the top of a wageon. The training supplied by scenes of this kind is at least as valuable as that which the university can confer ; and Edward Livingston’s mind was fortunately steeled by them for vicissitudes for which no ordinary culture would have afforded an adequate prepara- tion. At the same time we are not prepared to accept his own statement that he neglected the usual studies or was deficient in the common round of attainments at school or college. The extensive knowledge of science and literature which he subsequently displayed, must most of it have been acquired—at least the founda- EDWARD LIVINGSTON. 65 tions of it must have been laid—in his student days ; and that he was not thought an idle boy by his friends appears from (amongst other indications) a letter written by John Jay, from Paris, to Chancellor Livingston (his elder brother) in 1783: ‘I send you a box of plaster copies of medals: if Mrs. Livingston will permit you to keep so many mistresses, reserve the ladies for yourself, and give the philosophers and poets to Edward.’ It may certainly be doubted whether Edward would have consented to this par- tition to the extent of abandoning all claim to a share of the ladies, for his finical attention to his dress had earned him the title of Beau Ned; and at a still later period he wrote on the fly-leaf of his Longinus : Longinus, give thy lessons o’er ; I do not need thy rules: Let pedants on thy precepts pore, Or give them to the schools. The perfect beauty which you seek, In Anna’s verse I find; It glows on fair Eliza’s cheek, And dwells in Mary’s mind. The ladies in question were the daughters. of Mr. McEvers, a merchant of New York; and the Mary, whose perfect beauty dwelt in her mind, subsequently became his wife. The division of labour which is rigidly enforced amongst English lawyers has never been held com- pulsory on the profession in America, where the callings of barrister and attorney are frequently com- bined. We must not, therefore, be surprised at read- ing that Livingston was admitted to practise as an attorney in January 1785, and that he speedily became a formidable rival to the advocates of highest reputa- tion at the New York bar. A sketch of these is given by Mr. Hunt; and amongst other names that have acquired more than provincial celebrity, are those VOL. II. F 66 EDWARD LIVINGSTON. of Aaron Burr and Alexander Hamilton. No par- ticulars are given of our hero’s forensic career, of the prosecutions which he conducted, the accused persons whom he defended, or the causes that he led. We are simply assured that in the course of nine years’ practice he had distanced the great bulk of his compe- titors, that he was the Romilly or Scarlett of New York, and that his reputation as an eminently accomplished orator led to his being elected a member of Congress for that city in 1794. He was opposed by a Mr. Watts, a gentleman whose speciality was that he had never articulated anything but ‘aye’ and ‘no’ during his congressional career; and he was contrasted for this very reason (his friends thought favourably) with one whose ready rhetoric was denounced as an un- answerable proof of shallowness. Livingston’s most remarkable effort in his first session was the delivery of a speech, occupying nearly a day, in support of the right of Congress to question the policy of treaties with foreign countries, on which it was contended to be the prerogative of the President to decide with the consent and advice of the Senate. He also brought forward a resolution for the pro- tection of American seamen; and on each occasion found himself measuring his strength with Madison, Sedewick, and Fisher Ames. His re-election in 1796 was vehemently opposed by a man and in a manner that bore ample testimony to the importance he had obtained in the eyes of the antagonist party, the Federalists; who, at the instigation of Alexander Hamilton, made strenuous exertions to get a Mr. Watson preferred to him, on the curious eround, actually put forward ina handbill of Hamilton’s com- position, that he kept a chariot ; rendered more curious by the retorted fact that the Federalist kept a chariot too. There is a passage in M. Nisard’s Life of Armand EDWARD LIVINGSTON. 67 Carrel alluding to ‘ that cabriolet which had been made such a topic of reproach to him, either by men who would have sold the tombs of their fathers to have one, or by those friends of equality who call for it in fortunes to console them for the inequality of talents.’ But this was at a time when it was truly and wittily said of ‘ young France’ that each of them was striving to be the equal of his superior and the superior of his equal; and it is new to us that such an objection could be raised with effect m the freshly emancipated colony still clinging to the habits and modes of thought of the parent country. From the intelligence that is almost daily reaching us, also, of the present social condition of New York, we should infer that the display of wealth in equipages and dress is no longer typical of, nor associated in the popular mind with, aristocracy. On the occasion of his second candidature in 1796, Livingston received a letter from his elder brother, the chancellor, which may be read with advantage by many a rising lawyer who is looking to a seat in Parliament or many a would-be statesman who under- estimates the conditions of success : ‘ As I naturally feel myself much interested in your poli- tical career, I cannot but entreat you to consider that you are at this moment making immense sacrifices of fortune and professional reputation by remaining in Congress. Nothing can compensate for these losses but attaining the highest political distinction. But, believe me, this will never be attained without the most unwearied application, both in and out of the House. Read everything that relates to the state of your laws, commerce, and finances. Form and perfect your plans, so as to bring them forward in the best shape. Forgive, my dear brother, both my freedom and my style. I write from my heart, not from my head. Be persuaded that no extent of talent will avail, without a considerable portion of industry, to make a distinguished statesman.’ The debates in which Livingston most distinguished 5 vad 68 EDWARD LIVINGSTON. himself in the third session possess an historical interest, and throw light on the contrasted progress of demo- cratic and monarchical institutions. Two measures bear- ing a suspicious resemblance to the English ‘ Gagging Bill) and a still stronger to the French Law of Public Safety, were introduced by the President (Adams) in 1798, popularly known as the Alien and Sedition Laws. The one made it a high misdemeanour, pun- ishable with: fine and imprisonment, to combine to oppose any measures of the Government, or to traduce or defame the Legislature or the President by declara- tions tending to criminate the motives of either. The other invested the President with power to imprison or banish suspected aliens, or perpetually exclude them from the rights of citizenship, or to grant them licenses of residences revocable at pleasure. ‘Both these odious measures,’ says Mr. Hunt, ‘ were passed under the spur of party discipline. Both excited at once the bitterest opposition of the Republican party, and presently incurred the hearty abomination of the country. Such experiments in legislation are not likely to be repeated while our form of government lasts.’ Never was there a more unfortunate prediction. It is precisely ‘ our form of government’ which has proved most fruitful of such measures. Arbitrary restrictions of personal liberty are at this moment rifest in North America, the pride of democracy, and under the French Empire, the boasted creation of universal suffrage; whilst the existing generation of Englishmen practically know nothing of exceptionally repressive or oppressive laws of any kind. The Alien and Sedition Bills were opposed at every stage by Livingston ; and his principal speech against the Alien Bill was printed on satin and largely distributed throughout the States. In one passage, which may be cited as a favourable specimen of his style, he went the length of invoking popular resistance to it if passed : EDWARD LIVINGSTON. 69 ‘ But if, regardless of our duties as citizens, and our solemn obligations as representatives; regardless of the rights of our constituents; regardless of every sanction, human and divine, we are ready to violate the Constitution we have sworn to defend,—will the people submit to our unauthor- ised acts? will the States sanction our usurped power ? Sir, they ought not to submit; they would deserve the chains which these measures are forging for them, if they did not resist. . . . You have already been told of plots and conspiracies ; and all the frightful images that are necessary to keep up the present system of terror and alarm have been presented to you ; but who are implicated in these dark hints, these mysterious allusions? They are our own citizens, Sir, not aliens. If there is any necessity for the system now proposed, it is more necessary to be enforced against our own citizens than against strangers; and I have no doubt that, either in this or some other shape, this will be attempted. ‘I now ask, Sir, whether the people of America are pre- pared for this?—whether they are willing to part with all the means which the wisdom of their ancestors dis- covered and their own caution so lately adopted, to secure their own persons ?—whether they are willing to submit to imprisonment, or exile, whenever suspicion, calumny, or ven- geance shall mark them for ruin? Are they base enough to be prepared for this? No, Sir, they will—I repeat it, they will—resist this tyrannical system; the people will oppose, the States will not submit to its operations; they ought not to acquiesce, and I pray to God they never may.’ In the concluding sentences, he was copying, con- sciously or unconsciously, Lord Chatham’s famous burst: ‘I rejoice that America has resisted; three millions of people so dead to all the feelings of liberty as voluntarily to submit to be slaves, would have been fit instruments to make slaves of all the rest.’ As the part Livingston took on this occasion raised him to the height of popularity, it does not appear, nor does his biographer explain, why he retired from Congress in 1801; for the domestic affliction, the loss of his first wife, which occurred subsequently in the same 70 EDWARD LIVINGSTON. month, was not anticipated. He probably began to see the importance of acting on his brother’s advice by attending more to his professional prospects; for his retirement was almost immediately followed by his appointment to the office of Attorney for the district of New York, as well as to the Mayoralty of New York, then a post of dignity and importance. The celebrated De Witt Clinton, we are reminded, resioned, with a view to its acceptance, his seat in the Senate. Besides presiding over the deliberations of the Common Council, the Mayor was ex-officio the chief judge of the highest court of this city, with jurisdiction civil and criminal. The emoluments were such that a few years’ incumbency carefully managed was reckoned equivalent to a handsome competency. Livingston was now thirty-seven: his worldly pros- pects wore a smiling aspect, and his varied duties were performed with spirit and efficiency. His decisions gave satisfaction : his refined hospitality as chief magistrate to distinguished strangers reflected credit on his fellow- citizens, and he was unceasingly active in endeavouring to reform abuses and mitigate distress. A favourite scheme, in which he warmly urged the Mechanical Society to co-operate, was to found an establishment for insuring the employment of, first, strangers during the first month of their arrival; secondly, citizens who had been thrown out of work by sickness or casualties ; thirdly, widows and orphans; fourthly, discharged or pardoned convicts. The leading feature of the project being the opening of public workshops, like the Ateliers Nationaux of 1848, the sound political economist will see at a glance that it could not have been carried out without a mischievous disturbance of the labour market; and the Mechanical Society, wisely, we think, declined to concur in it. His practical philanthropy was of a nature that did not admit of denial or dispute. In the summer of 1803, the yellow fever broke out in New EDWARD LIVINGSTON. ‘Ge York, and spread rapidly in all classes. First among the self-sacrificing portion of the community was the Mayor, who not only saw to the execution of the need- ful official reculations, but kept a list of the houses in which there were sick, and visited them all in turn as well as the hospitals. At length he caught the con- tagion, and his life was in serious peril for a period. ‘He was now, says Mr. Hunt, ‘the object of extra- ordinary popular gratitude and regard. When his physicians called for madeira to be administered to him, not a bottle of that or any other kind of wine was to be found in his cellar. He had himself prescribed every drop for others. As soon as the fact was known, the best wines were sent to his house from every direc- tion. A crowd thronged the street near his door, to obtain the latest news of his condition; and young people vied with each other for the privilege of watching by his bed.’ Except in this absorbing crisis, he found time for science and literature, as well as for legislation and jurisprudence, and was always ready to promote parties of amusement, or to add his joyous laugh to the merriment of the gay and young. ‘I wish I could go to the theatre every night, exclaimed a lively niece of sixteen. ‘ Well, my dear,’ said the Mayor, ‘you shall, you shall;’ and he actually took her night after night until she was compelled to cry, enough. Lscorting Theodosia Burr, yclept the celebrated, with a party to see a frigate lying in the harbour, he told her, as they neared the ship: ‘Now, Theodosia, you must bring none of your sparks on board: they have a magazine, and we shall all be blown up.’ He had a mania for punning, but was obliged to own that the only tolerable pun he had ever made was whilst he was asleep. He had dreamed that he was present in a crowded church, at the ceremony of the taking of the veil by a nun. The novice’s name was announced as Mary Fish. The Ta EDWARD LIVINGSTON. question was then put, who should be her patron saint. ‘I woke myself,’ said Livingston, ‘by exclaiming, “Why, St. Poly Carp, to be sure!”’ The fifth volume of Lockhart’s ‘ Life of Scott’ con- cludes with a laudatory quotation from Captain Hall, and the remark ‘—with his flourish of trumpets I must drop the curtain on a scene of unclouded prosperity and splendour. ‘The muffled drum is in prospect.’ The stage of Livingston’s life at which we have now arrived might well justify a similar pause, and suggest a similar train of reflection. He was in the enjoyment of almost every blessing and not a cloud was visible in the horizon of the future, when a crushing blow fell upon him, shattering both fame and fortune and dooming him to a series of severe trials for the best of his remaining years. In the autumn of 1803, he became a public defaulter for an amount beyond his immediate or anticipated means to satisfy ; and the utmost that he could hope in the emergency was that a charitable in- terpretation of the circumstances would save him from disgrace. It was one of his duties:and perquisites in his official capacity to receive certain monies from public creditors through the hands of agents, for whom he was responsible. He never could be made to attend to pecuniary transactions or accounts: a weakness or peculiarity for which his multifarious engagements. were partially an excuse, especially in the fever year, when the chief deficit occurred. Five years later, in the course of a controversy to which we shall recur, he made a clean breast of the matter in terms which we cannot do better than adopt: _ It is time that I should speak. Silence now would be cruelty to my children, injustice to my creditors, treachery tomy fame. The consciousness of a serious imprudence, which created the debt I owe the public, I confess it with humility and regret, has rendered me perhaps too desirous of avoiding public observation,—an imprudence which, if EDWARD LIVINGSTON, 73 nothing can excuse, may at least be accounted for by the confidence I placed in an agent, who received and appro- priated a very large proportion of the sum, and the moral certainty I had of being able to answer any call for the -resi- due whenever it should be made. Perhaps, too, it may be atoned for in some degree by the mortification of exile, by my constant and laborious exertions to satisfy the claims of justice, by the keen disappointment attending this deadly blow to the hopes I had encouraged of pouring into the pub- lic treasury the fruits of my labour, and above all by the humiliation of this public avowal.’ The agent of whom he speaks was a confidential clerk, a Frenchman by birth; and it will be fresh in the memory of most readers that Thomas Moore was subjected to a similar embarrassment by the failure of his deputy in Bermuda, and that the ‘disorder in the chest, which compelled Theodore Hook to quit his treasurership at Mauritius, was also mainly owing to a mulatto clerk. In his Essay on Decision of Character, Foster relates the true story of a prodigal, who, having sold the whole of his paternal estate and spent the last sixpence of the proceeds, seated himself on a rising ground commanding a view of the property, made a solemn vow to get it back, and by dint of industry and parsimony succeeded in so doing. The dream of Warren Hastings’ life was the recovery of his ancestral home of Daylesford, which he did recover. Moore met his unmerited misfortune with an equanimity that extorted the half-comic praise of Rogers: ‘It is well you are a poet; you could never bear it as you do if you were a philosopher.’ Sir Walter Scott nobly put forth his full strength at all hazards and against all remon- strances, till, like the overtasked elephant, he broke down and died. But no victim or. hero, genuine or apocryphal, could have displayed a finer, more chival- rous, or more self-denying spirit than Livingston. 74 EDWARD LIVINGSTON. Having promptly satisfied himself of his lability, he at once, without waiting for the formal adjustment, confessed judgment for the largest estimated amount, subsequently fixed at $43,666, assigned over all his property in trust for the State, and resigned both his offices. The citizens of New York were not want- ing in generosity: he was strongly urged to retain the Mayoralty ; and a highly laudatory address was voted and presented to him by the Common Council. But his mind was made up to quit the scene of the honours and the prosperity thus fatally reversed, and to quit it instantly for the field of exertion offermg the best chance of the speedy redemption and restitution for which he panted. In the spring of that very year, 1803, Louisiana had — been purchased by the United States of France. New Orleans was the rising commercial city, the El Dorado of the South, where talent and enterprise would have freer scope than in any more settled community. To New Orleans, therefore, he would go, and never return to New York till he could return free and independent, with his debts paid and his position no longer open to a reproach. ‘He now had need of all his philosophy. He was con- siderably past the period of life when usually, if ever, a man undertakes for the first time such an adventure, and to this one all his habits and associations, his tastes and his affec- tions, opposed themselves. It was to quit the scene of his long prosperity and happiness, his family, his friends, and the fresh graves of his wife and eldest son ; while the comfort and safety of his two remaining children, now nine and five years old, the objects of his tenderest feelings, would require them to be left behind for years. Nevertheless, he resolved upon the enterprise, and having made the resolution, did not lag in its execution. He at once arranged his affairs, pro- cured all practical means of extensive introduction to Louisianians, and leaving his children, from whom he had never yet been separated, in the care of his brother, John R. EDWARD LIVINGSTON. 75 Livingston, whose wife was Eliza McEvers, the sister of their mother, he embarked, during the last week of December, 1803, within two months after retiring from the mayoralty, as a passenger on board a vessel bound to New Orleans. All the money and pecuniary resources which he had reserved out of his property and now carried, consisted of about one hundred dollars in gold, and a letter of credit for one thousand dollars more.’ He almost at once assumed the lead of the bar at New Orleans, where his knowledge of languages stood him in good stead; and soon after his arrival he was requested to draw up a Code of Procedure, which thenceforth regulated the practice of the courts. Fearne, the profoundest and acutest of English real-property lawyers, was deeply versed in chemistry and other branches of science. With equal versatility, Livingston was wont to amuse his leisure hours with mechanical contrivances ; and a carpenter whom he employed to make models, naively observed: ‘It is odd that a lawyer should understand my trade so well as Mr. Livingston does: I know nothing in the world of his.” He was a zealous Freemason, and a passage from one of his addresses as President of the Louisiana Lodge, is introduced for the sake of the anecdote con- nected with it: ? ‘My brethren, have you searched your hearts? Do you find there no lurking animosity against a brother? Have you had the felicity never to have cherished, or are you so happy as to have banished, all envy at his prosperity, all malicious joy at his misfortunes? If you find this is the result of your scrutiny, enter with confidence the sanctuary of union. But if the examination discovers either rankling jealousy or hatred long concealed, or even unkindness or offensive pride, I entreat you, defile not the altar of Friend- ship with your unhallowed offering: but, in the language of Scripture, “ Go, be reconciled to thy brother, and then offer thy gift.”’ Here the speaker was interrupted by the sudden 76 | EDWARD LIVINGSTON. movement of two of the audience, who rushed into each other’s arms. They were real brothers, who had | quarrelled and not been on speaking terms for several years. ‘No triumph at the bar or tribune,’ said Livingston, ‘could be worth the satisfaction I felt at that moment.’ In 1805, he married his second wife, Louise Moreau de Lassy, the young widow of a gentleman from Jamaica and a native of St. Domingo. She is described as exceedingly beautiful. ‘Slender, delicate, and wonderfully graceful, she possessed a brilliant intellect and an uncommon spirit. Two months after his marriage, he wrote to his sister, Mrs. Tillotson :— ‘I have now, indeed, again a home, and a wife who gives it all the charms that talents, good temper, and affection can afford: but that home is situated at a distance from my family, and in a climate to which I cannot, without impru- dence, bring my children.’ For a time everything seemed succeeding to his wishes. Besides receiving a large income from his profession, he had made money by successful specula- tions in land; and he was beginning to calculate the time—three or four years at the utmost—before he- could return with eredit and comfort to New York. But twice before that consummation could be reached, he was destined to be flung back and pressed down by the heavy hand of power, arbitrarily and wrongfully stretched forth beneath that young tree of liberty which was to overshadow the world with its branches. A private debt due from him when he left New York had been assigned to Aaron Burr, who, in July 1806, wrote to him by one Dr. Bollman respecting it, and arrangements were forthwith made with Bollman for its discharge. When Burr’s conspiracy broke out, General James Wilkinson, Commander-in-Chief of the Army of the United States and Governor of Upper EDWARD LIVINGSTON. At Louisiana, then at Orleans, ordered the military arrest of Bollman and two others on a charge of misprision of treason; and ona habeas corpus being granted, per- sonally attended on the return-day of the writ, to enforce its discharge. In the course of a speech which he thought fit to address to the startled judges, he said he had taken this step for the national safety then menaced by a lawless band of traitors associated under Aaron Burr, whose adherents were numerous in the city, including two councillors of that court. He then east his eyes slowly round the bar, enjoining the suspense of the members, till he named Mr. Alexander, and proceeded :—‘ As to Mr. Livingston, I have evidence that Dr. Bollman brought a draft upon him for $2,000 and upwards, which he paid.’ ‘ He finished by asking the court that his oath might be taken to the truth of the charges he had exhibited. He raised his hand as if to have the oath administered, when the court mildly suggested the propriety of reducing the state- ment to writing. He then hesitated. One of the judges offered him a seat at his side on the bench, and proposed himself to take down the charges and testimony. This the General declined; upon which the court suggested that one of the judges would wait on “ His Excellency,” at any time that might be convenient to him, to take his deposition. This offer the conquering hero condescended to accept, and retired from the bar, after receiving the thanks of the pre- siding judge for his communication, and an apology for the trouble the business had caused him. ‘But just as Wilkinson was about to withdraw, Mr. Livingston, who, till then, during this shocking scene of judicial sycophancy, had sat in melancholy silence, arose to demand and then to entreat of the court that his accuser should not be allowed to leave the bar without substantiating his charge upon oath, in order that, if 1t should appear that he was guilty, he might be immediately committed to prison, and if not, that he should not be compelled to go home loaded with the suspicion of crime. The appeal was fruit- 78 EDWARD LIVINGSTON. less, and the General went his way, promising, however, to make good the charge on the following day.’ Of course he never did make good the charge, the utter groundlessness of which was thoroughly and fearlessly exposed by Livingston without delay; but the General went on his way exulting, with as little dread of responsibility or regard to consequences as might be supposed to influence Marshal von Wrangel, General Butler, or any other military despot at this hour. ‘When he returned to his house after the scene in court, in which the accusation of Wilkinson had fallen suddenly as a thunderbolt upon him, his young wife, then the mother of their only child, but a few months old, besought him ear- nestly not to withhold from her any part of his confidence. «We have not lived long together,” she said, “ and you may not know the whole strength of my character or of my affec- tion. Whatever may have been the scheme of Burr, if you have had anything to do with it tell me, so that I may share your thoughts as well as your destiny.” His response was a laugh so hearty as to dispel in an instant from her mind any shadow of fear that he was really implicated in the mysterious enterprise.’ It was hard to be forced into an unequal conflict in this fashion with the Commander-in-Chief on a question of liberty and reputation, but it was harder still to be brought to the verge of ruin by a controversy with the President, who, instead of leaving the matter in dispute to the uncontrolled decision of the courts of justice, exerted all his official and personal influence to bear his adversary and intended victim to the ground. Here, again, we shall have to mark a course of pro- ceeding on the part of the Executive of the model Republic, for which there has been no parallel under the English monarchy since the worst days of the Stuarts. The Batture Controversy, to which a chapter of fifty EDWARD LIVINGSTON. 79 pages is devoted in this biography, may take rank with the most striking of the logical or literary duels to which we are wont to refer long after their local or tem- porary interest has died away, as specimens of learning, acuteness, raillery or wit. Livingston’s answers to Jefferson are little inferior in their way to Bentley’s reply to Boyle, Porson’s Letters to Travis, or the best of Paul Louis Courier’s pamphlets ; and they moreover involve principles of jurisprudence of universal applica- tion. What in a double sense might be called the battle-ground was a part of the delta of the Mississippi at New Orleans, then in a transitional state between land and shore, serving sometimes as an anchorage and sometimes as a quay, according to the height of the river. Although the adjacent proprietor had laid early claim to it, no exclusive right was attempted to be set up till he became a client of Livingston’s, who saw its future value at a glance. ‘This rural bank must soon give place to urban wharfs lke those of New York. Ah, here was a mine to be worked, and opportunity to escape from bankruptcy at a single bound, instead of trudging only the tedious road of careful industry.” He bought a portion of the pro- perty and began inclosing it. Then awoke the popular tumult, and then began the official oppression. Both people and government persevered in treating him as aa intruder, and a long course of harassing litigation, comprising civil and criminal proceedings of many kinds, was the result. At the end of a nine or ten years’ contest, he succeeded in establishing his title and con- founding his opponents, but the loss of time and the waste of intellectual energy were irrecoverable. The English invasion of Louisiana, and the assault of New Orleans in 1815, brought out Livingston in an entirely new and highly favourable light. He or- ganised meetings to encourage the citizens to resistance : hedrew up animating addresses: with the rank of colonel, SO EDWARD LIVINGSTON. he acted as aide-de-camp to General Jackson ; and he was deemed one of the most effective of the military council and staff. When a medal was struck by order of Congress in honour of the General, he called to Livingston: ‘Come here and see what you have helped me to gain.’ Mr. Hunt dwells with pardonable complacency on the military services of his hero ; and if we are compelled to pass them over, it 1s from no patriotic wish to deprive him of any part of the glory obtained in great measure through British mismanage-. ment or mishap. We now come to the culminating pomt of Living- ston’s reputation, his system of Penal Law or Criminal Codes.! In 1796, when he first took his seat in Congress, his attention had been drawn to the subject, and he procured first one Committee and then a second (of ‘both which he was Chairman) to report on the Penal Laws of the United States. No report was made, and his labours in this walk did not recommence in earnest till 1820, when he drew up and introduced an Act authorising the preparation of a Criminal Code for Louisiana. In February 1821 he was elected by joint ballot of the General Assembly of that State to revise its entire system of criminal law. The existing system was a compound of French, Spanish, and English laws or customs—confused, uncertain, and occasionally revolting from severity or absurdity. Thus, sentence of infamy was passed indiscriminately upon whole classes, without the smallest reference to 1 The whole of his labours under this head are collected in an octavo volume of 745 closely printed pages, entitled ‘A System of Penal Law for the State of Louisiana: consisting of A Code of Crimes and Punish- ments: A Code of Procedure: A Code of Evidence: A Code of Reform and Prison discipline: A Book of Definitions. Prepared under the au- thority of a law of the said State, by Edward Livingston. To which are prefixed a Preliminary Report on the Plan of a Penal Code, and Introductory Reports to the several Codes embraced in the System #3 Penal Law. Published by James Kay, Jun. & Co., Philadelphia, 8353, EDWARD LIVINGSTON. 81 personal innocence or guilt, the bare fact of their coming within the description being enough: children of illegal marriages; suitors or advocates incurring rebuke, just or unjust, from a judge; widows marry- ing before the expiration of a year’s mourning, and their new husbands; procurers, comedians, slanderers, usurers, gamblers, and buffoons. It was also a crime, punishable by banishment and confiscation of all property, for an advocate to betray the secrets of his client: for any person to say mass without ordination; to change a name for one more honourable; or for a woman to feign maternity and produce a counterfeit heir. None of the popular objections to codification could consequently arise in this instance; and Livingston’s eventual failure to satisfy the pressing and practical wants of his employers, was owing to the vastness of his conceptions and the comprehensive philanthropy of his views. He was far in advance of the most advanced legislative or representative assembly then existing in either hemisphere; and he assumed, as the groundwork of his system, doctrines or principles which are still disputed by the majority of enlightened jurists. He insisted on the abolition of capital punishment as imperatively required by reason, justice, and humanity ; whilst the grand aim of his system of secondary punish- ments was the reform and gradual restoration of the offender to society. For this purpose, he proposed to bring under one central direction, crime, vagrancy, mendicity and all forms of pauperism: to combine in single establishments the whole machinery of poor- house, workhouse, bridewell, and penitentiary. Society, he lays down, is formed of two divisions: those who by their industry or property provide subsistence for themselves and their families, and those who do not. The latter may be subdivided into three classes: those who can labour and are willing to labour, but cannot find employment: those who can labour, but are idle from VOL. Il. G 82 EDWARD LIVINGSTON. inclination, not from want of employment: those who are unable to support themselves by their labour from infancy, old age, or inferiority of body or mind. He then proceeds to justify his projected establishment. ‘This establishment enters most essentially into the plan I propose. Its different departments, under the name of poorhouses, workhouses, and bridewells, are known not only in England and the states which fderive their jurisprudence from that country, but in different parts of Europe, but they are there distinct institutions, and want that unity of plan from which it is thought their principal utility will arise. This requires elucidation. If the duty of supporting its members be once acknowledged to be one incumbent on society to the extent that has been assumed, and if the classification I have made is correct, the necessity becomes apparent of distinguishing in what degree the different applicants are entitled to relief; but that system would be obviously imperfect that was confined to making this dis- tinction, and granting relief only to the one class without making any disposition of the others. Every applicant, if my premises be true, must belong to one or the other of those classes ; and the same magistrate who hears his demand of support, or before whom he is brought, on an accusation of illegally obtaining it, is enabled at once to assign him his place. Is he able and willing to work, but cannot obtain it? Here is employment suited to his strength, to his age, his capacity. Is he able to work, but idle, intemperate, or vicious? His habits must be corrected by seclusion, sobriety, instruction, and labour. Is he utterly unable to provide for his support ? The great social duty of religion and humanity must be performed. One investigation on this plan puts an end tothe inquiry. Every one applying for alms, or convicted of illegal idleness and vice, necessarily belongs to one or the other class, and immediately finds his place; he no longer remains a burthen on individuals, and society is at once relieved from vagrancy and pauperism.’ The primary object of this part of his system is to prevent the idle or unemployed from becoming law- breakers. He deals with actual criminals. by carefully EDWARD LIVINGSTON. 83 classifying them, and subjecting them to imprisonment varying in time, place, and circumstance with their respective degrees of guilt. Seclusion and labour afford him the means of increasing punishment to the utmost point of severity admitted by his Code. The article relating to murderers runs thus: ‘Art. 167. No murderers, in any degree, shall have any communication with other persons out of the prison than the inspectors and visitors ; they are considered dead to the rest of the world. ‘Art. 168. The cells of murderers (in any degree) shall be painted black within and without, and on the outside thereof shall be inscribed, in large letters, the following sentence : ‘“*Tn this cell is confined, to pass his life in solitude and sorrow, A.B., convicted of the murder of C.D. | by assassina- tion, parricide, &c., describing the offence, if of an aggra- vated kind]; his food is bread of the coarsest kind; his drink is water, mingled with his tears: he is dead to the world ; his cell is his grave; his existence is prolonged that he may remember his crime, and repent it, and that the continuance of his punishment may deter others from the indulgence of hatred, avarice, sensuality, and the passions which lead to the crime he has committed. ‘When the Almighty, in His duetime, shall exercise towards him that dis- pensation which he himself arrogantly and wickedly usurped towards another, his body is to be dissected, and his soul will abide that judgment which Divine Justice shall decree.” ‘Art. 169. The same inscription, changing only the words *‘this cell” for the words “ solitary cell in this prison,” shall be made on the outside of the prison wall, in large white letters on a black ground. The inscriptions shall be removed on the death of the convicts to which they relate.’ Treating voluntary labour as a mitigation and a resource, he denies it to the worst class of criminals ; and one strong objection to his substitute for capital punishment is that it frequently produces insanity. His main reasons for sparing life, however, are not of a sentimental character; nor does he shrink from the G 2 84 EDWARD LIVINGSTON. infliction of necessary pain. He dwells most emphati- cally on the demoralising character of executions, and on the danger of placing unjust judgments beyond recall. The passages in which he enforces these topics are as good specimens as could be produced of the rich, varied, and sustained language of his Reports : ‘History presents to us the magic glass on which, by looking at past, we may discern future events. It is folly not to read: it is perversity not to follow its lessons. If the hemlock had not been brewed for felons in Athens, would the fatal cup have been drained by Socrates? If the people had not been familiarised to scenes of judicial homi- cide, would France or England have been disgraced by the useless murder of Louis or of Charles? If the pun- ishment of death had not been sanctioned by the ordinary laws of those kingdoms, would the one have been deluged with the blood of innocence, of worth, of patriotism, and science, in her revolution? Would the best and noblest lives of the other have been lost on the scaffold, in her civil broils? Would her lovely and calumniated queen, the virtuous Malesherbes, the learned Condorcet—would religion, personified in the pious minister of the altar—courage and honour, in the host of high-minded nobles—and science, in — its worthy representative, Lavoisier—would the daily heca- tomb of loyalty and worth—would all have been immolated by the stroke of the guillotine; or Russell and Sidney, and the long succession of victims of party and tyranny, by the axe ? ‘ The fires of Smithfield would not have blazed ; nor, after the lapse of ages, should we yet shudder at the name of St. Bartholomew, if the ordinary ecclesiastical law had not usurped the attributes of Divine vengeance, and, by the sacrilegious and absurd doctrine that offences against the Deity were to be punished with death, given a pretext to these atrocities. Nor in the awful and mysterious scene on Mount Calvary, would that agony have been inflicted, if by the daily sight of the cross, as an instrument of justice, the Jews had not been prepared to make it one of their sacrilegious rage. But there is no end of the examples ~ EDWARD LIVINGSTON. 8) which crowd upon the memory, to show the length to which the exercise of this power, by the law, has carried the dreadful abuse of it, under the semblance of justice. Every nation has wept over the graves of patriots, heroes, and martyrs, sacrificed by its own fury. Every age has had its annals of blood.’ The following is his picture of the innocent convict about to suffer death : ‘Slow in its approach, uncertain in its stroke, its victim feels not only the sickness of the heart that arises from the alternation of hope and fear, until his doom is pronounced, but when that becomes inevitable, alone, the tenant of a dungeon during every moment that the cruel lenity of the law prolongs his life, he is made to feel all those anticipa- tions, worse than a thousand deaths. The consciousness of innocence, that which is our support under other miseries, is here converted into a source of bitter anguish, when it is found to be no protection from infamy and death; and when the ties which connected him to his country, his friends, his family, are torn asunder, no consoling reflection mitigates the misery of that moment. He leaves unmerited infamy to his children; a name stamped with dishonour to their surviving parent, and bows down the grey heads of his own with sorrow to the grave. As he walks from his dungeon, he sees the thousands who have come to gaze on his last agony; he mounts the fatal tree, and a life of innocence is closed by a death of dishonour. ‘This is no picture of the imagination. Would to God it were! Would to God that, if death must be inflicted, some sure means might be discovered of making it fall upon the guilty. These things have happened. These legal murders have been committed! and who were the primary causes of the crime? Who authorised a punishment, which once inflicted, could never be remitted to the innocent ? Who tied the cord, or let fall the axe upon the guiltless head? Not the executioner, the vile instrument who is hired to do the work of death ; not the jury who convict, or the judge who condemns: not the law which sanctions these errors, but the legislators who made the law; those who, having the power, did not repeal it. These are the persons, 86 EDWARD LIVINGSTON. responsible to their country, their consciences, and their God.’ | His Code of Reform and Prison Discipline comprises the minutest instructions for the treatment of every class of prisoner; and its efficiency in practice would obviously depend in a great degree on the zeal and intelligence of the administrators. In fact, Livingston, like many other eminent philanthropists, was prone to consider society as a parent watching over a family of children and accurately acquainted with the disposition and tendencies of each. His scheme, as might have been anticipated, was respectfully declined, despite the almost impassioned appeal to the legislature of Louisiana with which he pressed its adoption in the Introductory Report—an appeal which might be appropriately addressed to almost any halting or hesitating body of legislators : ‘Legislative functions are in the most ordinary times attended with high responsibility. Yours, from the duty which your predecessors have imposed upon you, are pecu- larly so. From the performance of this duty there is no escape. The defects of your penal laws are arrayed before — your eyes. Former legislative acts have declared that they exist, and they have established principles and laid down rules by which laws are to be framed for their removal. Those laws are now submitted for your consideration. You cannot avoid acting. It is impossible to say that the evils are imaginary. You must then either declare that the prin- ciples for correcting them, heretofore unanimously established by the representatives of the people, are erroneous, or that the plan prepared is not drawn in conformity with them. In either alternative the duty of correcting the principles or re- forming the work is one that must be performed. For, dis- guise it as we may, it is a truth which must be toldand ought to be felt: that, cireumstanced as you are, should you shrink from the performance of these duties, to ‘you will be attributed the future depredations of every offender who escapes punishment from the ambiguity of your laws: the EDWARD LIVINGSTON. 87 vexations of all who suffer by their uncertainty : the general alarm caused by the existence of your unknown and unre- pealed statutes: the depravity of those who are corrupted by the associations into which they are forced by your prison discipline : the unnecessary and violent death of the guilty ; and, worse than all this, legislators! the judicial murder of the innocent who may perish under the operation of your sanguinary laws. All this, and more, will be laid to your charge, if you do not embrace the opportunity that is afforded to reform them ; for the continuance of every bad law, which we have the power to repeal, is equivalent to its enact- ment. Whatever opinion may be formed of the practica- bility of Livingston’s system taken as a whole or esti- mated by its distinctive qualities, no doubt can exist of the vast amount of thought, knowledge, intellectual grasp, originality of conception, and power of expression displayed in its development. The volume already mentioned is a perfect treasure-house of juridical and legislative schemes and suggestions, doctrines and con- trivances; and its indirect influence has been immense. That a collection of codes and reports so large, so comprehensive, so systematically shaped and so logically connected, should have been produced in less than five years, would sound incredible, did we not remember that he drew upon stores that had been accumulating for thirty ; and, wonderful to relate, it would have been produced in three years, but for an accident under which a mind of less energy must have been crushed. The misfortune was thus announced to M. du Ponceau, from whom he had borrowed a volume of Bacon :— ‘The night before last, I wrote you an apologetic letter, accounting for not having before that time thanked you for your letter and your book. My excuse lay before me, in four Codes: of Crimes and Punishments, of Criminal Procedure, of Prison Discipline, and of Evidence. This was about one o'clock; I retired to rest, and in about three hours was waked by the cry of fire. It had broken out in my writing- 88 EDWARD LIVINGSTON. room, and, before it was discovered, not a vestige of my work remained, except about fifty or sixty pages which were at the printer’s, and a few very imperfect notes in another place. You may imagine, for you are an author, my dismay on perceiving the evidence of this calamity; for circum- stanced as I am, it isa real one. My habits for some years past, however, have fortunately inured me to labour, as my whole life has to disappointment and distress. I therefore bear it with more fortitude than I otherwise should, and, instead of repining, work all night and correct the proofs all day, to repair the loss and get the work ready by the time I had promised it to the legislature.’ A few days later he wrote : ‘I thank you most sincerely for your kind participation in my calamity, for although I put the best face upon it, I cannot help feeling it as such. I have always found occupa- tion the best remedy for distress of every kind. The great difficulty I have found on those occasions was to rally the energies of the mind, so as to bring them to undertake it. Here, exertion was necessary not only to enable me to bear the misfortune, but to repair it; and I therefore did not lose an hour. The very night after the accident I sat up until three o’clock, with a determination to keep pace with my printer ; hitherto I have succeeded, and he has, with what is already printed, copy for a hundred pages of the penal code. ‘The part I shall find most difficult to replace is the pre- liminary discourse, of which I have not a single note, and with which (I may confide it to your friendly ear) I was satisfied. A composition of that kind depends so much upon the feeling of the moment in which it is written, the dispo- sition that suggests not only the idea but the precise word that is proper to express it is so evanescent, (mine at least are,) that it will, I fear, be utterly impossible for me to regain it.’ When Porson’s manuscript copy of the Codex Galeanus, a masterpiece of caligraphy, was accidentally destroyed by fire, he set about and completed a fresh one. But this was a merely mechanical task: there were no thoughts to reclothe in chosen language; no EDWARD LIVINGSTON 89 studied trains of reasonings, no spontaneous bursts of eloquence to reproduce in their original freshness. ‘Oh, Diamond, Diamond, you little know what mis- chief you have done ’—is the temperate expression of regret which the popular legend has placed in the mouth of Newton, when his little dog upset the candle amongst his papers. But Sir David Brewster rejects the legend, and equally discredits that version of the incident which represents the brain of the philosopher as temporarily impaired by the shock. According to him, rumour or malice has exaggerated both the loss and its consequences. Livingston’s misfortune, there- fore, may be regarded as the most trying of the kind recorded in the annals of intellectual labour; and the manner in which he bore up under it does the highest honour to his energy, patience, capacity, fertility, readi- ness, and self-conmand. He had his reward in the praises and congratulations of the most distinguished of his contemporaries, as well as in the certainty of durable fame. Jeremy Bentham proposed that the English Parliament should cause the entire work to be printed for the use of the nation. M. Villemain declared the ‘System’ to be a work without example from the hand of any one hand. Victor Hugo wrote: ‘You will be numbered among the men of this age who have deserved most and_ best of mankind.’ He received autograph letters on the subject from the Emperor (Nicholas) of Russia and the King of Sweden ; a gold medal with a laudatory inscrip- ‘tion was presented to him by the King of the Nether- lands ; and he was elected a Foreign Associate to the Institute of France.* 1 To this honour he is indebted for the glowing tribute paid to his labour and his memory by one of the most eminent of living Frenchmen, M. Miguet, in a biographical notice read at a public sitting of the Academy of Moral and Political Sciences, June 30, 1838. The import- ance attached to Livingston’s legislative and juridical works may be in- ferred from their translation into French, and pending republication in 90 EDWARD LIVINGSTON. The lapse of time has deepened and strengthened the foundations of his fame. No longer ago than 1856 Dr. Maine, formerly Professor of Civil Law in the Uni- versity of Cambridge and now a member of Council at Calcutta, spoke ‘of Livingston as ‘the first legal genius of modern times.’ But the recognition of his success of which he had most reason to be proud was a letter from his old adversary (we might almost say, enemy) Jefferson, who concludes: ‘ Wishing anxiously that your great work may obtain complete success, and become an example for the imitation and improvement of other States, I pray you to be assured of my unabated friendship and respect.’ Another letter from Jefferson, in 1822, contains this striking passage, referring to a question of government : ‘But age has weaned me from questions of this kind. My delight is now in the passive occupation of reading ; and it is with great reluctance I permit my mind ever to encounter subjects of difficult investigation. You have many years yet to come of vigorous activity, and I confidently trust they will be employed in cherishing every measure which may foster our brotherly union, and perpetuate a constitution of government destined to be the primitive and precious model of what is to change the condition of man over the globe.’ At the same time he is not blind to the danger : ‘They [the judges] are practising on the Constitution by inferences, analogies, and sophisms, as they would on an ordinary law; they do not seem aware that it is not even a Constitution formed by a single authority, and subject to a single superintendence and control, but that it is a compact of many independent powers, every single one of which claims an equal right to understand it, and to require its obsery- ance. However strong the cord of compact may be, there is a. point of tension at which rt will break.’ France. See Exposé d’un Systeme de Législation criminalle pour ? Etat de la Louisiane et pour les Etats-unis d Amérique. Par Edward Livingston, etc. Précédé dune Préface par M. Charles Lucas, Membre de ? Institut, etc., et d'une Notice historique par M. Miguet, Paris, 1872. ‘Two volumes have already appeared, EDWARD LIVINGSTON. 91 In July 1822, whilst Livingston was still employed on his Codes, he was re-elected member of Congress, in which he continued to sit till 1830. In the year 1826 he discharged his long-standing debt to the Government ; and thenceforth there was only one more disappoint- ment, and that not a very severe or irremediable one, in store for him. He lost his election for New Orleans in 1830, very much as Lord Macaulay lost his seat for Edinburgh in 1847 ; the opposition being principally caused by his alleged disregard of the local interests of his constituents and his neglect of the personal atten- tions they deemed their due. The legislature of Louisiana immediately elected him a senator of the United States; a position which fully satisfied his political ambition, although he was not long permitted to rest in it. It was in the Senate, in March 1830, that he delivered a very remarkable speech; _ especially memorable on account of the applicability of the principles laid down in it to the existing state of things in North America. The subject was the policy of the Government with respect to the public lands, but amongst the mass of relevant or irrelevant topics intro- duced was the nature of the Federal compact and of the reserved rights of the several States. The opinion of Livingston, the first constitutional lawyer of his time and country, was that the States had respectively sur- rendered a part, and only a part, of their sovereignty to the Union, and that each would be justified in resorting to any measure of resistance for the assertion and preservation of the rest. After specifying the steps that might be constitutionally taken in the first instance, he proceeds : ‘ And, finally, if the act be intolerably oppressive, and they find the General Government persevere in enforcing it, by a resort to the natural right which every people have to resist extreme oppression. ‘Secondly, if the act be one of those few which in their 92 EDWARD LIVINGSTON. operation cannot be submitted to the Supreme Court, and be one that will, in the opinion of the State, justify the risk of a withdrawal from the Union, that this last extreme remedy may at once be resorted to. ‘ That the right of resistance to the operation of an act of Congress, in the extreme cases above alluded to, is not a right derived from the Constitution, but can be justified only on the supposition that the Constitution has been broken, and the State absolved from its obligation ; and that, whenever resorted to, it must be at the risk of all the penal- ties attached to an unsuccessful resistance to established authority.’ In other words, the resisting State would stand precisely in the same relation to the Union in which the colonies conceived themselves to stand to Great Britain at the commencement of the War of Independence. The apprehended (rapidly becoming actual) evils of the opposite theory are thus stated : ‘That the theory of the Federal Government being the result of the general will of the People of the United States in their aggregate capacity, and founded, in no degree, on compact between the States, would tend to the most disas- trous practical results: that it would place three-fourths of the States at the mercy of one-fourth, and lead inevitably to a consolidated Government, and finally to monarchy, if the doctrine were generally admitted, and if partially so, and opposed, to civil dissension.’ Chatham drew one of his finest figures of speech from the tapestry of the House of Lords. Livingston converted the marble columns of the hall in which he spoke into illustrations : ‘What were they originally ? Worthless heaps of uncon- nected sand and pebbles, washed apart by every wave, blown asunder by every wind. What are they now? Bound together by an indissoluble cement of nature, fashioned by the hand of skill, they are changed into lofty columns, the component parts and the support of a noble edifice, symbols of the union and strength on which alone our government EDWARD LIVINGSTON 93 can rest, solid within, polished without; standing firm only by the rectitude of their position, they are emblems of what senators of the United States should be, and teach us that the slightest obliquity of position would prostrate the struc- ture, and draw with their own fall that of all they support and protect, in one mighty ruin.’ The friendship which Livingston had formed for General Jackson at the siege of New Orleans had been eradually cemented by what is almost indispensable to strong mutual regard between active men of mark under free institutions—the zdem sentire de republica ; and in May 1831, he consented, at the earnest solicita- tion of the General (then President), to accept the Secretaryship of State, vacated by Van Buren. He was so much in the habit of consulting his wife about everything he wrote or did, including his Codes, that she playfully compared herself to the old woman of Moliere. On the subject of his appointment, he writes to her: ‘Here I am in the second place in the United States,— some say the first; in the place filled by Jefferson and Madison and Monroe, and by him who filled it before any of them,—my brother; in the place gained by Clay at so ereat a sacrifice; in the very easy chair of Adams; in the office which every politician looks to as the last step but one in the ladder of his ambition; in the very cell where the great magician, they say, brewed his spells. Here I am without an effort, uncontrolled by any engagements, unfettered by any promise to party or to man; here I am, and here I have been fora month. I know now what it is; am I happier than I was? The question is not easily answered.’ He was the chief supporter of the Government whilst he formed part of it; but his services could only be appreciated by those who are versed in the domestic politics of the United States. One of the most pleasing results of Livingston’s tenure of office, was the assistance he was enabled to afford to Alexis de Tocqueville in the 94 EDWARD LIVINGSTON. composition of his great work, ‘De la Démocratie en Amérique.’ A graceful note of acknowledgment in the Introduction concludes: ‘Mr. Livingston is one of those rare men whom we love in reading their writings, whom we admire and honour even before becoming acquainted with them, and to whom we are happy to owe a debt of gratitude.’ On the 29th May 1833, he resigned the office of Secretary of State, and the same day was appointed Envoy Extraordinary and Minister Plenipotentiary to France. It appears from his correspondence with La- fayette, one of his earliest and most attached friends, that the French Embassy had been proposed or sug- gested to him before his acceptance of office in 1831. The special object of his mission was to come to some arrangement with the French Government for the pay- ment of the indemnity agreed to be paid to subjects of the United States for illegal seizures under the Berlin and Milan decrees. The amount had been fixed at twenty-five millions of francs, by a treaty of July 1831, signed by Louis Philippe; but the sanction of the Chamber of Deputies was required, and this, on a division, was refused by a majority of eight. A Ministerial crisis ensued: a breach between France and the United States became imminent: the arbitration of Great Britain was accepted, and the matter was at length satisfactorily arranged. But the intervening proceedings were of a nature to tax the temper and judgment of Livingston to the utmost, and he was generally allowed to have hit the happy medium between firmness and conciliation by his diplomacy.! During his visit to Europe, he lost no opportunity of obtaiming materials or hints for Law reforms. In a 1 A brief account of the incident of the American Indemnity, and the ministerial complications to which it gave rise, is given by M. Guizot in his Memoirs (vol. iii, pp. 283-237). He maintains the justice of the demand and substantially confirms Mr, Hunt. EDWARD LIVINGSTON. 95 letter dated Paris, February 1834, to the writer of these pages, he says : ‘Perceiving that some parts of the System of Penal Law which I had prepared for the State of Louisiana have fallen under your notice, it has occurred to me that this whole work might not prove unacceptable, and I therefore have sent’ a copy to Mr. Vail to be offered to you. ‘Should any improvement in your penal or civil jurispru- dence be adopted or even proposed, I will be greatly obliged by a notice of it.’ He was naturally anxious to visit England, but the sudden and peculiar close of his mission compelled him to return direct, and he arrived at New York on the 23rd of June, in the ‘Constitution’ frigate. His reception by all parties was highly flattering, and he attended some public dinners given to welcome him and do him honour. The most interesting of his last public displays, however, was his appearance in the Supreme Court at Washington, as counsel in the case of the Municipal Authorities of the City of New Orleans, Appellants, versus the United States, Respondents: Daniel Webster acting as his junior. An allusion having been made to the Batture Controversy, he said that he had been spared the lasting regret of reflecting that Jefferson had descended to the grave with a feeling of ill-will towards him. ‘ The offended party forgot the injury, and the other performed the more difficult task (if the maxim of a celebrated French author be true) of forgiving the man upon whom he had inflicted it.’ This was in January 1836. He was taken ill in the fol- lowing month, and on the 23rd May, 1836, within five days of the completion of his seventy-second year, he expired, ‘ easily, serenely, and cheerfully, surrounded by his family and many of his friends.’ His death at this ripe age was regarded by those who knew him as premature, for none of them had come to regard him 96 EDWARD LIVINGSTON. as an old man; and it was remarked that his black hair resting on the pillow of his coffin, presented a striking contrast to the record of his years inscribed on the lid. : This book ends with an estimate of Livingston’s qualities by his biographer, and begins (by way of introduction) with a summary of his services by Mr. Bancroft, the historian. ‘The biographer says: ‘ As for his intellect, it was one of general acuteness and uniform power, without any dull side or any dazzling gift; just as his writings and speeches present few salient, distinct, and quotable beauties, but rather a steady felicity, a con- stant power, and a pervading eloquence. ‘But this grand capacity was not perfectly rounded. One faculty it signally lacked. At no period of his life was he competent, practically, to manage financial affairs. In this one regard he was not much more than a child. It was as if a guardian genius had purchased for him gifts sufficing for all other emergencies, by debarring him from one important endowment which even the stupid often possess. If the dull favourites of Mammon ever envied his shining parts, they perhaps found comfort in the substance of the maxim from Chaucer,— The gretest clerkes ben not the wisest men.’ The greatest statesmen are not less open to the imputed weakness than ‘the gretest clerkes, and genius has been so often associated with irregularity that poor human nature must be content to bear a full share of the reproach. Bacon, Pitt, Fox, Sheridan, Mackintosh, Scott, Lamartine, are a few amongst in- numerable examples of the loss of comfort and in- dependence, possibly of self-respect, and (in the case of the ‘ brightest, meanest’) of fair fame, through im- providence. Mr. Bancroft recapitulates Livingston’s public and private virtues, and dwells exultingly on the fact that the adviser of Jackson in a crisis of the Constitution EDWARD LIVINGSTON. Q7 was ‘one who to the clearest perceptions and the firmest purpose added a calm conciliating benignity, and the venerableness of age, enhanced by a world- wide fame.’ He then proceeds: ‘That fame was due to the fact, that Edward Livingston, more than any other man, was the representative of the system of penal and legal reform which flows by necessity from the nature of our institutions. The Code which he prepared at the instance of the State of Louisiana is in its simplicity, completeness, and humanity at once an invper- sonation of the man, and an exposition of the American constitutions. If it has never yet been adopted as a whole, it has proved an unfailing fountain of reforms, suggested by its principles. In this work, more than in any other, may be seen the character and life-long faith of the author. The great doctrines which it developes will, as time ad- vances, be more and more nearly reduced to practice, for they are but the expression of true philanthropy, and, as even the heathen said, * Man loves his fellow-man, whether he will or no.”’ The first half of this paragraph is fortunately qualified and expanded by the last. It sounds almost like a contradiction in terms to say that Livingston’s Code was at once an impersonation of the man and an exposition of the American constitutions—those constitutions which are crackling and crumbling as we write. There was nothing local, limited, provincial, conventional, nor even national, in or about the system or the man: he never gave up to party what was meant for mankind: he and his work were essentially cosmopolitan: if asked for his country, he might have pointed, like the Grecian sage, to heaven ; and it is as acitizen of the world, not as a citizen of an American Republic, that he will be consulted, cited, interpreted, practically applied and hailed as an honoured guide, by the generations of converts yet unborn that are promised him. VOL. II. bs 98 RICHARD THE THIRD. (From THE EpinpurGH Review, Apri 1862.) Memoirs of Richard the Third and some of his Con- temporaries. With an Historical Drama on the Battle of Bosworth. By Joun Henzace Jesse. London: 1861. It was the shrewd remark of Johnson, that, when the world think long about a matter, they generally think right; and this may be one reason why attempts to whitewash the received villains or tyrants of history have been commonly attended with indifferent success. The ugly features of Robespierre’s character look posi- tively more repulsive through the varnish of sophistry which M. Louis Blanc has spread over them. The new light thrown by Mr. Carlyle on the domestic and political career of Frederic William of Prussia, the collector of giants, simply exhibits him as the closest approximation to a downright brute and madman that was ever tolerated as the ruler of a civilised com- munity. Despite of Mr. Froude’s indefatigable re- search, skilful arrangement of materials, and attractive style, Henry the Eighth is still the royal Bluebeard, who spared neither man in his anger nor woman in his lust; and hardly any perceptible change has been effected in the popular impression of Richard the Third, although since 1621 (the date of Buck’s His- tory), it has continued an open question whether he was really guilty of more than a small fraction of the crimes imputed to him. Walpole’s ‘ Historic Doubts’ is amongst the best of RICHARD THE THIRD. 99 his writings. If he was advocating a paradox, he be- lieved it to be a truth ; and in the subsequent encounter with Hume, he has the advantage which thorough ac- quaintance with the subject must almost always give over the ablest antagonist whose original views were based upon superficial knowledge. Yet no part of this remarkable essay is freshly remembered, except an in- cidental reference (on which the ingenious author laid little stress) to the apocryphal testimony of the Countess of Desmond, who had danced with Richard in her youth and declared him to be the handsomest man at court except his brother Edward, confessedly the handsomest man of his day. Mr. Sharon Turner’s learned and con- scientious recapitulation of the good measures, enlight- ened views, and kindly actions of Richard has proved equally inoperative to stem the current of obloquy. Why is this? Why do we thus cling to a judgment which, we are assured, has been ill-considered? Is it because the numerical majority of the English public are in the same predicament as the great Duke of Marlborough, who boldly avowed Shakespeare to be the only History of England he ever read? because the ground once occupied by creative genius is thenceforth unapproachable by realities and unassailable by proofs ? The image of the dramatic Richard, as represented by a succession of great actors, is vividly called up when- ever the name is mentioned— ‘And when he would have said King Richard died, And called a horse, a horse, he Burbage cried ;’ and this is unluckily one of the rare instances in which, if it be not profanation to say so, the truth and modesty of nature have been overstepped by our immortal bard to produce a character of calculated and unmitigated 1 See the ‘History of England during the Middle Ages,’ vol. iv. book vy. chap, 1, HQ 100 RICHARD THE THIRD. atrocity. In the very first scene, the hero, after ex- patiating on his deformities, concludes— ‘ And therefore,—since I cannot prove a lover To entertain these fair, well-spoken days, I am determinéd to prove a villain.’ -Moralists have laid down that dwarfs and misshapen persons are commonly out of humour with the world, but it may be doubted whether any one of them in actual life ever indulged in this sort of self-communing at the outset of a career. The far truer picture of a man hurried from crime to crime by ambition is Mac- beth; and the most virulent assailants of Richard’s memory are agreed in allowing him the kind of merit which Fielding gives to Jonathan Wild, who did a good action upon finding, after due deliberation, that he could gain nothing by not doing it. By presupposing the worst, such a commencement checks artistic deve- lopment whilst it violates the truth of history; and not the least interesting or instructive result anticipated from an impartial examination of the authorities, will be the insight we shall attam by means of them into the heaven-born poet’s mode of selecting and working up the materials of his play. Mr. Jesse frankly owns that his work has been com- posed without any definite object, moral, critical, anti- quarian, or philosophical. It ‘ emanated indirectly in the drama,’ entitled ‘The Last War of the Roses,’ which occupies more than a fourth cf the volume and strikes us to be an attempt, more ambitious than successful, to rival the greatest of dramatists on his own ground. ‘To the merit of novelty,’ says the author in his preface, ‘ whether of facts or arguments, he can prefer but a very trifling claim. To compress scattered and curious information, and, if possible, to amuse, have been the primary objects of the author.’ The result is an agreeable addition to popular lite- rature, containing a good deal that will be new as RICHARD THE THIRD. 101 well as interesting to the class of readers for whose amusement he is in the habit of catering. But if the life of Richard was to be re-written at all, the task should have been undertaken in a more serious and meditative mood, with a full sense of its responsibilities, and a keener insight into the complex causes of the strange notions of right and wrong, legality and ille- gality, which marked the period in dispute. During the whole of the Plantagenet dynasty, the succession to the crown was involved in the most mischievous uncertainty. Except in the case of an adult eldest son, inheriting from the father, there was no rule of descent universally recognised. Whether more remote lineals should be preferred to collaterals, or whether claims by or through females were admissible at all, were questions frequently and most furiously agitated; nor was any title deemed absolutely unim- peachable until ratified by the popular voice or, what was equally or more potent, by the landed aristocracy. It is not going too far to say that any member of the royal family, or even any peer related to it by blood, had a chance of the throne: hence the plentiful crop of conspiracies constantly sprmging up: hence, also, the eagerness of the sovereign, de facto, to get rid, by any means, foul or fair, of every possible competitor. To bear no brother near the throne was not, in the fifteenth century, peculiar to the Turk; and servile parliaments were never wanting to pronounce or ratify the cruel sentences of fear, expediency, or hate. The wholesale beheading, hanging and quartering that took place after each alternation of fortune during the Yerkist and Lancastrian battles, were only exceeded in atrocity by the vindictive and insulting butcheries of prisoners perpetrated on the field. It has been com- puted that not fewer than eighty princes of the blood died deaths of violence during these wars; and the ancient nobility would have been well-nigh extin- 102 RICHARD THE THIRD. guished altogether, had the struggle been prolonged. Edward IV.’s first parliament included in one Act of Attainder, Henry VI., Queen Margaret, their son Ed- ward, the Dukes of Somerset and Exeter, the Earls of Northumberland, Devon, Wiltshire, and Pembroke, Viscount Beaumont, Lords Ross, Neville, Rougemont, Dacre, and Hungerfield, with one-hundred and thirty- eight knights, priests, and esquires, who were one and _ all adjudged to suffer all the penalties of treason. The prevalent doctrine of these times as to religious and moral obligations is comprised in these lines : ‘York. I took an oath he should quietly reign. Edw. But for a kingdom any oath may be broken. I'd break a thousand oaths to reign one year. Rich. An oath is of no moment, being not took Before a true and lawful magistrate That hath authority over him that swears. Henry had none, but did usurp the place.’ Subjects had no more respect for oaths than princes ; and what we now understand by loyalty was almost unknown. We are indebted to Lord Macaulay’s pene- tration and sagacity for the discovery that the Scottish clans, which so long upheld the cause of the Stuarts, were animated far more by local sympathies and antipathies, especially by hatred of the Campbells, than by chivalrous devotion to a fallen dynasty. The Yorkists and Lancastrians were influenced by an analogous class of motives, or by purely selfish views. Most of the greater barons chose their side from hopes of personal aggrandisement or from private pique. The most notorious example was Warwick, the King- maker, who feasted daily thirty thousand persons in his castle-halls, who could rally thirty thousand men under his banner, and carry them, like a troop of household servants, from camp to camp, as passion, interest, or caprice dictated. It is a remarkable fact that, in 1469, both the rival kings were under durance at once,_-Edward IV. at Middleham, and RICHARD THE THIRD. 103 Henry VI. in the Tower, whilst the Nevilles were wavering between the two.t It has been taken for granted that the people, as contradistinguished from the barons, were Yorkists, who were undoubtedly popular in the City of London, where Edward IV. won all hearts by his courtesy and hospitality. Neither in city or country, however, do we find any national or public-spirited preference for either dynasty. When the commoners rose, they rose from a sense of per- sonal oppression, or, like the followers of Robin of Redesdale, in order to redress some local grievance. There is not a more striking illustration of the gross ignorance and superstition of the age than the general belief that the mists which disordered the tactics of Warwick’s army at Barnet were raised for the purpose by Friar Bungay. It was, in fact, the age of all others in which unscrupulous ambition might hope to thrive: in which everything was possible for courage, military skill, statecraft, and dogged deter- mination, backed by birth and fortune. If Richard has attained a bad pre-eminence for treachery and bloodthirstiness, it must be owned that he succumbed to temptations from which few of his family or generation would have turned away. Although Shakespeare assigns him a prominent part in the battle of Wakefield, where his father, the Duke of York, was taken and put to death after exclaiming— ‘Three times did Richard make a lane to me, And thrice cried, Courage, father, fight it out;’ Richard (born Oct. 2, 1452) was only in his ninth year when that battle was fought, and he narrowly escaped the fate of Rutland. The Duchess of York took refuge with her younger children in the Low Countries, and remained there till the triumphant entry of Edward the Fourth into London and the 1 Lingard, vol. iv. p. 168. 104 RICHARD THE THIRD. decisive victory of Towton restored them to their country and to more than the full immunities of their rank. The title of Duke of Gloucester, with an ample appanage in the shape of lordships and manors, was at once conferred on Richard, who, at an unusually early age, was also appointed to three or four offices of the highest trust and dignity. He amply justified the con- fidence reposed in him. He had the same motive as the weak wavering Clarence for joining Warwick, when the King-maker broke with Edward and sent the haughty message :— ‘Tell him from me that he has done me wrong, And for it Pll uncrown him ere ’t be long.’ What the precise wrong was, is still a mystery. The repudiation by Edward of the contract with the Lady Bona, sister of Louis of France, is doubted by Hume, and rejected by Lingard, as the cause of quarrel ; whilst the author of ‘The Last of the Barons’ gives plausible reasons for the conjecture on which the plot of that romance mainly turns—that Warwick took just offence at an insult offered by the amorous monarch to one of his daughters. The hand of the eldest, the Lady Isabella, was the bait with which the King- maker lured Clarence; and Richard had been from early youth attached to the youngest (whom Shake- speare calls the eldest) Lady Anne; a circumstance which may partly account for his rapid success in the famous courtship scene; the forced and overcharged character of which is so glossed over and concealed by the consummate art of the execution, that we are puzzled in what sense to receive the exulting excla- mation— ‘Was ever woman in such humour woo'd ; Was ever woman in such humour won?’ Shakespeare makes Richard remain true to Edward from calculation; his chances of the crown being materially increased by the defection of Clarence. RICHARD THE THIRD. 105 But a man may not be the less honest, because honesty is his best policy; and it is enough that in every emergency he gave Edward the wisest and apparently most disinterested counsel, as well as the support of his tried courage and military skill. He commanded the right wing of the Yorkist army at Barnet, and was directly opposed to Warwick, the most renowned warrior of the period. Personal prowess was then essential in a leader, and Gloucester and Warwick are reported to have fought hand-to- hand in the mélée. According to the tradition, the King-maker evaded the conflict as long as he could, and then felled Richard unwounded to the ground. At Tewkesbury Richard commanded the van, and was confronted with the Duke of Somerset, who had taken up so formidable a position, fenced by dykes and hedges, that to carry it seemed hopeless. After a feigned attack and a short conflict, Gloucester drew back as if for a retreat. Somerset, rash and impetuous, was deceived by this manceuvre, and left his vantage eround, when Gloucester faced about and fell upon the Lancastrians so furiously and unexpectedly that they were driven back in confusion to their intrenchments, which the pursuing force entered along with them. Lord Wenlock, who, by coming to their assistance with his division, might have beaten back Gloucester, never stirred; and Somerset no sooner regained his camp than, riding up to his recreant friend, he de- nounced him as a traitor and coward, and stopped recrimination and remonstrance by dashing out his brains with a battle-axe. The chief glory of this well-fought field belonged to Richard ; but unluckily it was the scene of a tragedy in which the part of first villa has been popularly assigned to him. We are required to believe that, directly after leading his troops to victory, his in- stinctive bloodthirstiness induced him to take the lead 106 RICHARD THE THIRD. in a cowardly assassination in which others were only too anxious to anticipate him. The common story runs that, after the battle of Tewkesbury, Margaret and her son, aged eighteen, were brought before Edward, who asked the prince in an insulting manner how he dared to invade his dominions and, irritated by a spirited reply, struck him on the face with his gauntlet; whereupon the Dukes of Clarence and Gloucester, Lord Hastings, and Sir Thomas Grey, taking the blow as a signal, hurried the prince into the next room and there dispatched him with their daggers. A contemporary historian, Fabyan, says that the King ‘strake him with the gauntlet upon the face, after which stroke, so by him received, he was by the kynges servants incontinently slaine.’ The Chronicle of Croyland, of nearly the same date, says, ‘that he was slain by the avenging hands of several (ultricibus quorundam manibus).’ ‘The names of the alleged per- petrators were first given by Hall and afterwards copied from him by Holingshed. Stowe adopts Fabyan’s version, which is much the most probable ; and the King’s brutality is not utterly destitute of palliation, when it is remembered how his brother, the Karl of Rutland, had been put to death after the battle of Wakefield. Mr. Sharon Turner, relying on what he deems an authentic MS. in the Harleian Collection, says that ‘the Prince was taken as flying towards the town, and was slain in the field.’ Bernard Andreas, writing in 1509, says ‘ belligerens ceciderat.’ That Richard stabbed Henry VI. with his own hand in the Tower, will appear still more improbable; espe- cially when we consider that during the whole of Edward IV.’s reign he was playing for popularity, and trying to base it on a character for sanctity and self- denial. According to Shakespeare, directly after stab- bing the young prince, he hurries off to a fresh murder : RICHARD THE THIRD. 107 ‘ Glo, Clarence, excuse me to the king my brother. T'll hence to London on a serious matter: Ere ye come there, be sure to hear some news Clar. What? what? Glo, The Tower! the Tower!’ Towards the conclusion of the scene, his absence and presumed errand are thus glanced at: ‘ King Edw. Where’s Richard gone ? Clar. To London, all in post; and as I guess To make a bloody supper in the Tower. King Edw. He’s sudden if a thing comes in his head. Now march we hence.’ This is taking the matter coolly enough in all con- science ; and, to add to the absurdity, the Tower was not, at that time, familiarly associated with images of murder and misery, nor would it have been apostro- phised as— ‘Ye towers of Julius, London’s lasting shame, With many a foul and midnight murder fed.’ It was a royal palace, in which the queen of Edward IV. was residing at the time, whilst Henry VI., who had been placed in the front of the Yorkist army at Tewkes- bury to give him a chance of being shot by a friendly arrow, was certainly not in the Tower on the eve of the battle. He is supposed to have died seventeen days afterwards, on the night of the 21st May, 1471, the day of King Edward’s return to London. His death was attributed to grief, and the body was carried in solemn procession to St. Paul’s, where it was exposed to public gaze, ‘ the face open so that every man might see him.’ The face might have been so composed as to tell no tales; and the exposure of the body was the almost invariable practice in cases of alleged or sus- pected death by violence. The bodies of Edward IL, Richard II., Thomas of Woodstock, and Humphrey, Duke of Gloucester, were similarly exposed. Few doubted that Henry was put to death: it bemg quite in accordance with custom and the spirit of the times 108 RICHARD THE THIRD. for the king de facto to deal summarily with his rival. The shortness of the interval between the imprison- ment and the death of princes is proverbial. The strange if not absolutely incredible incident of so com- mon a catastrophe, was that a prince of the blood should be named to do the deed or volunteer to do it as a labour of love. No circumstance that can heighten the atrocity is omitted in the scene where Gloucester, having already killed Henry, stabs him again, exclaim- ing : ‘If any spark of life be yet remaining, Down, down, to hell; and say I sent thee there.’ The motive which seems wanting in the preceding instances was undeniably strong enough to raise a pre- sumption that Richard contrived or hastened the death of Clarence, who had once stood in the way of his love and still stood in the way of his interest and his ambi- tion. When all other means failed to keep Richard from the Lady Anne, Clarence, who had married the eldest daughter of the King-maker and wished to appropriate the entire inheritance, caused his sister-in- law to be concealed; and she was eventually found by Richard in an obscure corner of London in the garb of a kitchen-maid. Whether this disguise was voluntarily assumed to escape from an unwelcome suitor, must be left to conjecture. She accepted his protection without scruple, and was placed by him in the sanctuary of St. Martin’s-le-Grand, from whence she was transferred to the guardianship of her uncle, the Archbishop of York. That she was wooed and won during her attendance on the corpse of her father-in-law, is a poetic fiction: an alibi might easily be made out for both parties; and it is further remarkable that no objection was made to their union on the ground of Richard’s alleged partici- pation in the murder of her first husband, nor was she ever, during her lifetime, accused of insensibility or indelicacy on that account. The date of the marriage RICHARD THE THIRD. 109- is unknown ; but as she bore him a child in 1473, it is inferred that it took place as soon as her year of mourn- ing had expired. Clarence vowed that if his brother would have a bride, she should be a portionless one. ‘He may well have my lady sister-in-law, but we will part no in- heritance,’ are the words attributed to him in the Paston Letters; and Sir John Paston writes: ‘As for other tidings, I trust to God that the two Dukes of Clarence and Gloucester shall be set at one by the award of the King.’ It was arranged that each should plead his own cause in person before the King in council; and (ac- cording to a contemporary) they both exhibited so much acuteness, and found arguments in such abundance, that the whole audience, including the lawyers, were lost in admiration and surprise. The decision, carried out by an Act of Parliament, was, that the property should be equally divided between the two sisters, the husbands retaining life interests in their wives’ estates respectively. This settlement, equitable and impartial as it looks, was based on a gross injustice, for it over- looked the prior claim of the King-maker’s widow, who, as heiress of the Beauchamps, Earls of Warwick, had brought him the largest of his estates and by this award was left dependent, if not penniless. Richard was not the man to forgive or forget Clarence’s unbrotherly conduct, although his ambition soared too high to be coupled with cupidity. His superiority to all sordid considerations was strikingly displayed during the invasion of France in 1475, when Edward, at the head of one of the finest armies that ever left the English coast, was cajoled and out- manceuvred by Louis XI. into doing worse than nothing. The expedition ended in a disgraceful treaty, by which Edward was to receive certain sums of money, which he wanted for his personal pleasures. Bribes were — plentifully distributed amongst the nobles and courtiers 110 RICHARD TIIE THIRD. who were thought able to facilitate this result. Lord Howard received 20,000 crowns, in money and plate, besides a pension. The Lord Chancellor and the Master of the Rolls pocketed large sums. What is most extraordinary, they gave written acknowlede- ments, which were regularly docketed by their royal paymaster. The apologists for Bacon, who maintain that the custom of receiving presents by judges and privy-councillors endured to his day, may point to these receipts in support of their theory: others may point to them as proofs of all-pervading corruption or unblushing audacity. The less charitable supposition is favoured by what Commines has recorded of Hast- ings, who, more prudent than his colleagues, declined the transaction in the proposed shape, saying: ‘If you wish me to take the money, you must put it into my sleeve.’ Richard alone refused to barter English honour for French gold. ‘ Only the Duke of Gloucester, who stood aloof on the other side for honour, frowned at this accord, and expressed much sorrow, as compassionating the glory of his nation blemished in it.’ Habington, from whom we quote, suggests that the Duke had a further and more dangerous aim, ‘as who, by the dis- honour of his brothers, thought his credit received in- crease ; and by how much the King sunk in opinion, he should rise.’ Bacon adopts the same method of depre- ciation: ‘And that out of this deep root of ambition, it sprang that, as well at the treaty of peace as upon all other occasions, Richard, then Duke of Gloucester, stood ever on the side of honour, raising his own reputation to the disadvantage of the King,his brother, and drawing the eyes of all (especially of the nobles and soldiers) upon himself.’ According to this mode of reasoning, brotherly love and loyalty required him to be as cor- rupt and self-seeking as the rest. Yet surely, if he was content to rise by patriotism and integrity, 1t is enough. RICHARD THE THIRD. 111 Tf he assumed virtues that he had not, this, at all events, refutes the notion that he wantonly and gratuitously per- petrated acts which must have exposed him to general execration and distrust; and we have here, from his worst calumniators, the admitted fact that down to 1475 his means were noble, be his end and motives what they might. With regard to his alleged participation in the death of Clarence, the charge rests exclusively on a vague presumption of his having hardened the heart of Edward, already sufficiently incensed against Clarence and ready at all times to trample down all ties of relationship and all feelings of mercy when his throne was in danger or his vindictiveness aroused. Clarence had joined Warwick in impeaching Edward’s title and denying his legitimacy. Untaught by experience, he had recently indulged in intemperate language against his sovereign, who actually appeared in person as the principal accuser at the trial, which was of the most solemn description known to the law. The Duke was found guilty by his peers, and both Houses of Parliament petitioned for his execution and afterwards passed a bill of attainder. He was also peculiarly obnoxious to the Queen and her friends, Rivers, Hastings, and the Greys. ‘The only favour,’ says Hume, ‘which the King sranted his brother after his condemnation, was to leave him the choice of his death ; and he was privately drowned in a butt of malmsey in the Tower ; a whim- sical choice, which implies that he had an extraordinary passion for that liquor.’ Mr. Bayley (‘ History of the Tower ’) suggests that his well-known fondness for this wine was the foundation of the story, although, so far as evidence goes, the fondness for the wine is mere matter of conjecture; and we rather agree with Walpole, that ‘ whoever can believe that a butt of wine was the engine of his death, may believe that Richard helped him into it, and kept him down till he was 112 RICHARD THE THIRD. suffocated.’ Yet this is precisely what some do believe, or maintain. ‘ After Clarence,’ writes Sandford, ‘ had offered his mass-penny in the Tower of London, he was drowned in a butt of malmsey; his brother, the Duke of Gloucester, assisting thereat with his own proper hands.’ The most plausible solution of the enigma is suggested by Shakespeare, when he makes the First Murderer tell the Second: ‘Take him over the costard with the hilts of thy sword, and then throw him into the malmsey butt in the next room.’ The dialogue on Clarence’s awakening is,— ‘ Clar. Where art thou, keeper? Give me a cup of wine. Ist Murd. You shall have wine enough, my lord, anon.’ After a brief parley, the First Murderer stabs him, exclaiming : ‘Take that, and that; if all this will not do, Tl drown you in the malmsey butt within.’ He carries out the body, and returns to tell his relenting comrade, : ‘Well, Pll go hide the body in some hole, Till that the duke give order for his burial.’ Clarence’s groans may have been stifled in a full butt conveniently nigh, or the body may have been tempo- - rarily hidden in an empty one. Richard was for several years Lord Warden, or Keeper, of the Northern Marches, and while residing in a kind of vice-regal capacity at York, he so ingrati- ated himself with the people of the city and neighbour- hood, that they stood by him to the last. In 1482, he commanded the army which invaded Scotland, entered Edinburgh in triumph, and speedily brought the Scottish king to terms. On the death of his brother he was in the fullness of his fame as a soldier and statesman. He was also the first prince of the blood; and he must have been endowed with an amount of stoical indiffer- ence and self-denial seldom found in high places at RICHARD THE THIRD. Wks: any time, if no ambitious hopes dawned upon him. Edward IV. died on the 9th April, 1483, leaving two sons, Edward V., twelve years and five months old, and Richard Duke of York, between ten and eleven, besides several daughters. The court and country were divided between two parties, that of the Queen and her kins- men, and that of the ancient nobility, who had taken offence at the honours lavished on her upstart con- nexions. The malcontents, headed by the Duke of Buckingham and favoured by Lord Hastings, naturally dreaded the agegrandisement of their adversaries, and were prepared to go any lengths to prevent them from getting exclusive possession of the King’s person, and governing in hisname. The Queen and her brothers, on the other hand, resolved to make the best of the situation, and took immediate measures for overawing the threatened resistance to their schemes. The young King was at Ludlow Castle, under the guardianship of his maternal uncle, Anthony Wood- ville, Earl of Rivers, renowned for his gallantry and accomplishments. He had a large military force under his command, and it was proposed that he should escort the King to London, at the head of all the men he could muster. This was vehemently opposed by Hastings, a member of the council at which the plan was broached, and his opposition so far prevailed that the escort was nominally reduced to 2,000 men. About the same time Buckingham put himself into communication with Richard, who was quietly watch- ing the progress of events at York, and abiding the moment when his interposition would become, or be thought, indispensable for the salvation of the realm. A divided nobility, a minority, and a female regency afforded ample materials, in those unsettled times, for the aspirant to supreme power to work upon, without openly or prematurely assuming the part of the ungrateful brother and unnatural uncle. Ac- VOL, II. I 114 RICHARD THE THIRD. cording to Sir Thomas More, he sent letters to Lord Rivers, with full assurances of duty and subjection to his nephew, and love and friendship to himself; ‘so that he, seeing all things calm and peaceable, came up with no greater number of followers than was neces- sary to show the King’s honour and greatness.’ At Northampton, the regal party were met by the Dukes of Gloucester and Buckingham, by whose advice the King was sent on to Stony Stratford, for the sake of more convenient lodging, while Rivers was feasted by the two Dukes ‘with all demonstrations of joy and sions of friendship.’ As soon as he was gone, they entered into consulta- tion with a select number of their friends, and spent the greater part of the night in conference. The result became known in the morning, when, after putting Rivers under arrest and laying an embargo on his suite, they hurried on to Stratford, and arrested Lord Richard Grey (the Queen’s son by her first husband), Sir Thomas Vaughan, and Sir Richard Howse, on a charge of con- spiracy, in the very presence of the King. Despite his tears and entreaties, they also removed from about his person all on whom they could not confidently reckon to act as their creatures. They then escorted him to London, and were met at Hornsey ‘by the Mayor and Sheriffs, with all their brethren, the Aldermen in scarlet, and 500 commoners on horseback, in purple- coloured gowns.’ ‘In this solemn cavalcade,’ continues Sir Thomas More, ‘the behaviour of the Duke of Gloucester to the King was very remarkable; for he rode bareheaded before him, and often, with a loud voice, said to the people, Behold your prince and sovereign; giving them on all occasions such an ex- ample of reverence and duty as might teach them how to honour and respect their prince; by which action he so won on all the spectators that they looked on the late misrepresentations of him as the effect of his RICHARD THE THIRD. Jigs. enemies’ malice, and he was on all hands accounted the best, as he was the first subject in the kingdom.’ The Protectorship was easily attained. It was con- ferred on him ‘ by a great council of the nobility, who met to settle the government and choose a Protector, according to the usual custom in the minority of their kings.’! The next step was attended with difficulty. On hearing of the arrest of her brothers, the Queen, with her youngest son and daughters, had hurried into the sanctuary of Westminster; and her refusal to quit it, or trust her son out of her protection, was an im- pediment to the Protector’s designs, as well as an injurious expression of distrust. He would have resorted to force, had not the Archbishop of Canterbury represented that it would be a thing not only un- grateful to the whole nation, but highly displeasing to Almighty God, to have the privilege of sanctuary broken in that church, which was first consecrated by St. Peter, ‘ who came down, above five hundred years ago, in person, accompanied with many angels, by night, to do it;’ in proof whereof the prelate affirmed that St. Peter’s cope, worn on the occasion, was still to be seen in the abbey. What could be done by per- suasion, the Archbishop readily engaged to try; and accompanied by several lords of the council, he forth- with proceeded to the sanctuary to argue the matter out with the Queen, who, influenced more by fear than argument, at length gave up the point. She led her son to the Archbishop and lords of council, and after solemnly confiding him to their care, she kissed hin, and said, ‘Farewell, mine own sweet son. The Almighty be thy protector! Let me kiss thee once more before we part, for God knows when we shall kiss again.’ The child was first carried to the Bishop of London’s palace, 1 Sir Thomas More. Lingard states that the House of Lords then always took upon itself to settle the government in cases of doubt or difficulty, and his authorities bear out the statement. tee 116. RICHARD TIIE THIRD. where his brother was lodged, and, after a few days, they were both removed to the Tower, the ostensible reason being that they might be ready for the ceremony of the coronation. Buckingham had probably entered fully into Richard's ulterior designs upon the crown from their formation. Hastings was not so comphant. He had been the intimate, attached, and trusted friend of the late king, and his loyalty was proof against temptation. After he had been sounded through Catesby, his rum and death were resolved upon; and gross as are the means described by Shakespeare in the council scene, where Richard exhibits his withered arm, they are little more than a metrical version of the text of More, who reports the Protector’s words to have been: ‘Do you answer me with z/s and ands, as if I charged them falsely? I tell you, they have done it, and thou hast joined with them in this villany.’ He struck the table hard with his fist; upon which armed men rushed in, and seized the Archbishop of York, Lord Stanley, and several other Lords, besides Hastings, who was ‘ ordered forthwith to prepare himself for his death, for the Protector had sworn by St. Paul that he would not dine till his head was off. It was in vain to complain of severity or demand justice—the Protector’s oath must not be broken; so he was fore’d to take the next priest that came, and make a short confession, for the common form was too long for the Protector’s stomach to wait on; and being immediately hurried to the green, by the chappell within the Tower, his head was laid on a timber-loge, which was provided for repairing the chappell, and there stricken off.’ Walpole objects that the collateral circumstances introduced by More do but weaken his account, and take from its probability. He urges that, cruel or not, Richard was no fool, and was not likely to lay the withering of his arm (if it ever was withered) on RICHARD THE THIRD. 117 witchcraft, or to couple the Queen and Jane Shore together as accomplices, the Queen’s aversion for her late husband’s concubine being notorious. The sudden arrest and death of Hastings, however, are undeniable ; and on the very same day, Harl Rivers, Lord Richard Grey, Vaughan and Howse, were beheaded at Ponte- fract. The executions were consonant to the manners and violence of the times; of which Lingard furnishes a striking illustration by quoting the commission of the Lord High Constable, who is empowered to execute speedy justice, and distinctly enjoined to dispense with regular proofs and forms. So inured were people to scenes of blood and the high-handed exertion of authority, that the citizens of London, by whom Hastings had been much esteemed, were easily persuaded that the public weal required him to be summarily dealt upon: ‘ Buck. Look you, my lord mayor : Would you imagine, or almost believe, Wer’t not that by great preservation We live to tell it you:—the subtle traitor This day had plotted in the council-house To murder me, and my good lord of Gloster. May. Now fair befall you! he deserv’d his death, And your good graces both have well proceeded To warn false traitors from the like attempts. I never look’d for better at his hands After he once fell in with Mistress Shore.’ The received accounts of Richard’s mode of ascending the throne are contradictory, and it is difficult to believe that he laid much stress on the voices of the rabble in Guildhall, although here again Shakespeare is supported by More. Under a regular government, with a stand- ing army and a centralised system of administration, a usurper who has force on his side may dispense with national support. Not so in times when authority was divided, when the whole population was more or less military, when the possession of the capital with the com- mand of the public offices left the rest of the kingdom 118 RICHARD THE THIRD. uncontrolled. Richard must have been sure of a powerful party, or he never would have ventured to present him- self as king before the very parliament which he had summoned in the name of the nephew he deposed. This important fact is made clear by Mr. Gairdner, who, admitting that this parliament was not formally called together, asserts that it did meet, and that the petition to Richard to assume the crown was presented by a deputation of the Lords and Commons of England, accompanied by another from the city of London, on the very day that had been originally appointed for its meeting.* If after so many changes of dynasty, such frequent assertions and denials of title, any respect for here- ditary right yet lingered in the public mind, it must have been rudely shaken by the imputated illegitimacy not only of the late king himself but of his children by his second wife. Stilington, Bishop of Bath and Wells, volunteered a deposition that Edward, at the time of his marriage with Lady Grey, had a wife living, Heanor, daughter of the Earl of Shrewsbury; the bishop himself having married them, at the pressing request. of Edward, without witnesses. ‘This is one of the stories which people accept or repudiate according to interest or inclination. It suited the notables, who were overpersuaded by Richard or dreaded the evils of a prolonged minority, to believe or affect to believe 1 “Letters and papers illustrative of the Reigns of Richard III. and Henry VII., edited by James Gairdner,’ published by the authority of the Lords-Commissioners of Her Majesty’s Treasury, under the direction | of the Master of the Rolls. London: Longman and Co. 1861. Vol. i. preface, p. xvill. Mr. Gairdner suggests in a note that there is reason to believe Sir T. More’s ‘ History of Richard III.’ to be a translation of a work of Cardinal Morton. This may account for its Lancastrian bias. Walpole says: ‘I take the truth to be that Sir Thomas wrote his “ Reign of Edward the Fifth,” as he wrote his “‘ Utopia,” to amuse his leisure and exercise his fancy.’ The only strictly contemporary historians, or chroniclers, are Fabyan, a citizen of London, and the author of the ‘Chronicle of Croyland, a monk. Neither saw or heard more than the surface of events or the current rumours of the time. RICHARD THE THIRD. 119 the bishop, and an Act was subsequently passed on the assumption of his truth. From this mock election in June, says More, he com- menced his reign, and was crowned in July with the same provision that was made for the coronation of his nephew. ‘The day before the ceremony he and his Queen rode from the tower through the city to West- minster, with a train comprising three dukes, nine earls, and twenty-two barons. There was a larger attendance than usual of peers, lay and spiritual, and great digni- tarles at the ensuing ceremony in Westminster Hall; and More records as most observable that the Countess of Richmond, mother to King Henry VII., bore up the Queen’s train in the procession. Richard soon after- wards left London on a royal progress towards York, where he was crowned a second time; and it was in this progress that he is reported to have planned the crime which has done more to blacken his memory than all his other misdeeds put together, being indeed the main cause why men’s minds were thenceforth pre- disposed to give credence to any barely plausible accusation that might be brought against him. Feeling this, Walpole has exerted his utmost powers of research and ingenuity to prove that Richard did not cause his nephews to be murdered in the Tower, and he has pointed out many material improbabilities and dis- crepancies in the popular narrative. He lays great stress on the admissions of More and Bacon, that it was long doubted whether the princes were murdered or had died during Richard’s reign at all. He insinuates that, if one or both of them had been found in the Tower on the accession of Henry VIL, that politic monarch would have got rid of them with no more scruple than he showed in getting rid of Clarence’s eldest son and heir, the Earl of Warwick, whom Richard spared; and he contends that Perkin Warbeck was no impostor, but the genuine Duke of 120 RICHARD THE THIRD. York, who had been saved by Tyrrell and his accom- plices when they smothered his elder brother. This would be no defence for Richard if it were true ; and the charge in question differs from the rest in the most essential point. Far from being a posthumous production of Lancastrian writers, it was pointedly and repeatedly bruited about at a time when the readiest modes of refutation, if it was groundless, were in Richard’s power, and when he had the most power- ful of all imaginable motives for resorting to them. When he found foreign princes, including even Louis X1., giving open expression to their abhorrence, and thorough-going adherents like Buckingham falling off, why did he not at once produce his nephews in the open face of day? Even the conventional farce of ex- posing the bodies was not hazarded, from a conviction probably that two at once would be too much for the most ignorant or slavish credulity. Rulers with doubtful titles are commonly anxious to rule well ; and Richard laid himself out from the com- mencement of his reign to found a reputation for moderation, equity, and forgiveness of private injuries. ‘The day after his acceptance of the crown,’ says More, ‘he went to Westminster, sat himself down in the Court of King’s Bench, made a very gracious speech to the assembly there present, and promised them halcyon days. He ordered one Hog, whom he hated, and who was fled to sanctuary for fear of him, to be brought before him, took him by the hand, and spoke favourably to him, which the multitude thought was a token of his clemency, and the wise men of his vanity.’ He formally enjoined the great barons to see to the equal administration of justice in their provinces; and a contemporary sketch of his progresses speaks of ‘ his lords and judges in every place, sitting determining the complaints of poor folks, with due punition of offenders against the laws.’ In a circular letter to the bishops RICHARD THE THIRD. Les) he aca his fervent desire for the suppression of vice ; ‘and this perfectly followed and put in execution by persons of high estate, pre-eminence, and dignity, induces persons of lower degree to take thereof example, and to insure the same.’ His legislative measures are admitted to have been valuable additions to the Statute Book. Edward IV. was always in want of money, and was in the habit of personally appealing to his wealthiest subjects for contributions. ‘And here,’ says the chronicler, ‘ I will not let passe a prettie conceipt that happened in this gathering, in which you shall not only note the humilitie of a king, but more the fantasie of a woman. King Edward had called before him a widow much abounding in substance, and no lesse growne in years, of whom he merily demanded, what she gladly would give him towards his great charges. By my trothe, quoth she, for thy lovely countenance thou shalt have even twentie pounds. The king looking scarce for the half of that sum, thanked her, and lovinglie kissed her. Whether the flavor of his breath did so comfort her stomach, or she esteemed the kiss of a king so precious a jewele, she swore incontinentlie that he should have twentie pounds more, which she with the same will paied that she offered it.’ Richard went on an opposite tack. When the citizens and others offered him a benevo- lence, he refused it, saying, ‘I would rather have your hearts than your money.’ He disforested a large tract of country at Witchwood which his brother Aaa cleared for deer, and showed at the same time his wish to promote all manly and popular amusements by liberal grants and allowances to the masters of his hounds and hawks. There 1s, moreover, extant a mandate to all mayors and sheriffs 1 Holingshed, vol. iii. p, 33. 122 RICHARD THE THIRD. not to vex or molest John Brown ‘ ovr master-guider and ruler of all our bears and apes to us appertaining.’ He is commended by contemporaries for his encourage- ment of architecture; and the commendation is justified by a list of the structures which he completed or improved. His love of music is inferred from the extreme measures he adopted for its gratification. Turner quotes a warrant ‘empowering one of the gentlemen of his chapel to take and seize fer the king’s use, all such singing men and children, expert in the science of music, as he could find and think able to do the king service, in all places in the kingdom, whether cathedrals, colleges, chapels, monasteries, or any other franchised places except Windsor.’ He was visited by minstrels from foreign countries, and he Bug annuities to several Pipe Ors of the gentle science ; ‘ and also,’ adds Turner, ‘perhaps from his fondness for their sonorous state music, to several trumpeters. His example, therefore, indirectly refutes the famous Shakespearian theory—‘ The man that has no music in his soul ’—which Steevens contends is fit only to supply the vacant fiddler with something to say in praise of his idle calling. If Richard was an innate villain, he is at all events a proof that one who is ‘ moved with concord of sweet sounds’ may be as ‘fit for treasons, stratagems, and spoils’ as one who cannot distinguish ‘Rule Britannia’ from ‘ Nancy Dawson.’ Mr. Jesse will have it that Richard’s nature was originally a com- passionate one; and he appeals to the pensions con- siderately bestowed by him on the widows of his enemies, Lady Hastings, Lady Rivers, Lady Oxford, and the Duchess of Buckingham. A few months after the death of the young princes, the clergy in convocation assembled drew up and presented a petition to him, complaining that church- men were cruelly, grievously and daily troubled, vexed, indicted, and arrested ; and prayed for relief, ‘Seeing RICHARD THE THIRD. io your most noble and blessed disposition in all other things.’ Probably this is a precedent for the revival of Convocation in all its glory on which the Bishop of Oxford and the other right reverend upholders of that venerated institution will not be anxious to rely. sir Thomas More states that Richard, in the height of his prosperity, could never silence the whispers of his conscience, and could not lie quiet in his bed for dreams and visions. So Anne is made to complain: ‘ For never yet one hour in his bed Did I enjoy the golden dew of sleep; But with his tim’rous dreams was still awakened.’ We suspect that the instability of his position had more to do with his uneasy nights than the sense of guilt: for men of his temper, habituated to deeds of blood and projects of aggrandisement from boyhood, are little subject to remorse. He knew that the majority of the great nobles were plotting round him, and that it was beyond his power to satisfy the rapacity of all who had helped him to the throne. The Percys turned against Henry IV. on the plea of his ingratitude. Warwick changed sides because he was personally sighted, or disappointed; and Buckingham, in a nearly analogous position, was pretty sure to try whether he could not pull down what he had so largely contributed to set up. His motives have given rise to much ingenious speculation, and were probably mixed. He may (as Shakespeare takes for granted) have been refused the promised earldom and domains — of Hereford, although a formal grant of them has been discovered amongst some old records ; or, being of the blood royal, he might have hoped to get the crown for himself He told Morton that he could no longer abide the sight of Richard after the death of ‘ the two young innocents.’ He accordingly transferred his allegiance to the Earl of Richmond; who, when the arrangements for a simultaneous rising in several parts 124 RICHARD THE THIRD. of England were complete, set sail from St. Malo with -a force computed at 5,000 soldiers. His friends keeping faith, the insurrection assumed formidable proportions in Devonshire, Wiltshire, Berkshire, and Kent. Buck- ingham had collected a large force in Wales. But it was impossible to elude Richard’s watchfulness; and fortune had not yet deserted him. Richmond’s fleet was driven back by a tempest, and Buckingham was stopped by an inundation of the Severn and the neigh- bouring rivers, so terrible that, for a century after- wards, it was spoken of as Buckingham’s Great Water. The result is succinctly told by Shakespeare : ‘ Mess. My lord, the army of great Buckingham— K. Rich. Out on ye, owls! nothing but songs of death. [ He strikes him. Mess. The news I have to tell your majesty Is — that by sudden floods and fall of waters Buckingham’s army is dispers’d and scatter’d ; And he himself wandered away alone, No man knows whither.’ After another messenger has delivered an equally cheering report, ‘ Enter CATESBY. My liege, the Duke of Buckingham is taken. That’s the best news.—That the Karl of Richmond Is with a mighty power landed at Milford, Ts colder tidings, yet it must be told. King. Away towards Salisbury; while we reason here A royal battle might be won and lost. Some one take order Buckingham be brought To Salisbury: the rest march on with me.’ Many readers will be as much puzzled by this passage as was the Drury Lane audience on the night when John Philip Kemble, feeling ill, left out the line? which provoked a nightly conflict with the pit. The point or claptrap which they missed was interpolated 1 “For this be sure to-night thou shalt have aches.’ The story is told by Scott, ‘Prose Works,’ vol. xx. p. 188. RICHARD THE THIRD. 125 by Cibber in what, with a few subsequent changes, is still the acting edition of the play: ‘ Enter CATESBY. My liege, the Duke of Buckingham is taken. Rich, Of with his head: so much for Buckingham.’ This is the popular reading, and a story is current in theatrical circles of the ludicrous confusion of a cele- brated actor who piqued himself on the delivery of the line given to Richard, when the Catesby of the evening thus varied his part : ‘My liege, the Duke of Buckingham is taken, And, without orders, they’ve cut off his head.’ Cibber’s Richard is printed amongst his works under the title of ‘The Tragical History of Richard IIT. as it is now acted at the Theatre Royal, Drury Lane. Altered from Shakespeare, by Mr. Cibber. London. Printed in the year 1721.’ Indignation is naturally excited by the bare notion of Shakespeare corrected by Cibber, and we are prepared to hear of ‘ gilding refined gold, painting the lily,’ &c. Yet the best critics are agreed that the success of the drama as an acting play is mainly owing to him. Their concurrent estimate is thus expressed by Steevens : ‘ The hero, the lover, the statesman, the buffoon, the hypocrite, the hardened and repenting sinner, &c., are to be found within its compass. No wonder, therefore, that the discriminating powers of a Burbage, a Garrick, and a Henderson, [a Kean and a Macready,] should at different periods have given it a popularity beyond other dramas of the same author. Yet the favour with which this tragedy 1s now received, must also in some measure be imputed to Mr. Cibber’s reformation of it, which, generally considered, is judicious. No modern audience, we agree with him, would patiently listen to the narrative of Clarence’s dream, his expostulation with the murderers, the prattle of his children, the soliloquy of the scrivener, the tedious 126 RICHARD THE THIRD. dialogue of the citizens, the ravings of Margaret, the vehement interchange of curses and invectives with which whole scenes are stuffed, or the repeated pro- gresses to execution. In fact, Shakespeare’s ordinary fertility of resource is frequently belied by this play ; for Clarence’s dream (in which the betrayed Warwick, and the murdered of Tewkesbury appear to him) fore- shadows Richard’s; and the scene in which he extorts the reluctant consent of Elizabeth— ‘Relenting fool, and shallow, changing woman—’ too closely resembles that in which he woos and wins Anne. His new marriage project is thus broached to his convenient tool, Catesby :— ‘I say again, give out That Anne, my queen, is sick and like to die. About it, for it stands me much upon To stop all hopes, whose growth may damage me. [ Exit CATESBY. I must be married to my brother’s daughter, Or else my kingdom stands on brittle glass. Murder her brothers, and then marry her! Uncertain way of gain!’ It is one of the strangest stories of these strange times that the young and lovely Princess Elizabeth was in love with the wicked crook-backed uncle who had murdered her brothers; and that, in declared rivalry with her aunt, she: appeared at the Christmas festivals of 1484 in royal robes exactly similar to those of the Queen, who died the March following of a languishing distemper. His tongue must have surpassed that of the original tempter, or the great ladies of those days must have had an uncommon share of their sex’s weak- ness, if one after the other consented to overlook notorious crime and suppress natural horror in this fashion ; for it would seem that the princess’s inclina- tions were sanctioned by her mother, the widow of Edward IV., who, if possible, had still stronger grounds of abhorrence. Another curious sign of the times is RICHARD THE THIRD. Tt the oath by which he induced his nieces to leave the sanctuary and trust themselves in his power. This document, dated March 1, 1484, begins thus : ‘I, Richard, by the grace of God king, &c., in the presence of you, my lords spiritual and temporal, and you, mayor and aldermen of my city of London, promise and swear, verbo vegio, upon these Holy Evangelists of God, by me personally touched, that if the daughters of Dame Elizabeth Grey, late calling herself Queen of England; that is to wit, Elizabeth, Cecily, Anne, Katherine, and Bridget, will come unto me out of the sanctuary at Westminster, and be guided, ruled, and demeaned after me, then I shall see that they shall be in surety of their lives, and also not suffer any manner of hurt by any manner of person or persons, to them or any of them, on their bodies and persons, to be done by way of ravishment or defouling, contrary to their will.’ He further swears to marry them to gentlemen by birth, to endow each of them to the amount of 200 marks per annum, and to discredit any reports to their disadvantage, till they shall have had opportunity for lawful defence and answer. There is good reason to believe that Richard con- tinued warmly attached to his early love and wedded wife, Anne; who never recovered the death of their son, and languished, says Buck, ‘ in weakness and extremity of sorrow, until she seemed rather to overtake death, than death her. Richard might easily have procured a dis- pensation to marry his niece, had he been so minded; but the project was never carried further than was required to break off or delay her marriage with her future husband, Richmond ; and when this purpose had been answered, he publicly assured the citizens of London ~ that he never so much as contemplated the union. The shortness of his reign favours the notion that the nation, exasperated beyond endurance by his vil- lanies, rose and threw him off like an incubus. But nothing of the kind occurred. The people at large 128 RICHARD THE THIRD. were too much inured to scenes of blood and acts of cruelty, to be shocked by them. They cared little or nothing whether a few princes or lords, more or less, were put to death, so long as they were not fleeced by the tax-gatherer or oppressed by a local tyrant; and Richard, like Cromwell at a later period, took good care that there should be no usurped or abused authority besides his own. He was not weighed in the balance and found wanting, till two discontented nobles, the Stanleys, threw their whole weight into the opposing scale. The numerical inferiority of Richmond’s army is a conclusive proof that his cause was not a pre- eminently popular one. After landing at Milford Haven (Aug. 6, 1485), he proceeded by a circuitous route through Wales, in the hope, which was not disappointed, of profiting by his Welsh blood and connexions. On arriving at Shrewsbury, the gates, after a short parley, were opened to him by Mitton, the sheriff, who had sworn fidelity to Richard, but fortunately discovered a mode-of breaking his oath without hurt to his con- science. He had sworn that Richmond should go over his belly before entering the tower, meaning of course _that he would die in its defence, ‘soe when they en- tered, the sayd Mitton lay alonge the grounde wyth his belly uppwards, and soe the said Harle stepped over hym and saved his othe.’ On Tuesday, August 16th, Richard quitted Notting- ham at the head of all the forces he could collect, and entered Leicester the same evening a little after sun- set. He took up his quarters in a large half-timber house, standing within living memory; and slept ina bed, the remains of which were recently in existence.? Tt had a false bottom, in which a large sum of money could be concealed, and did duty as a military chest. 1 The ‘ Battle of Bosworth Field,’ &c. &c., by W. Hutton, F.A.8.8S., the second edition by J. Nicholls, F'.S.A., p. 87- Engrayings of the house and bedstead are given in this book, RICHARD THE THIRD. 129° He passed the night of the 17th at Elmsthorp, eleven miles from Leicester; and on the 18th pitched his camp at a place called the Bradshaws, a mile and a half from Bosworth Field. Richmond advanced by Lichfield and Tamworth to Atherstone, close to the field; where he arrived on the 20th, after having held a private council with the Stanleys on the way. Judg- ing from the result, their plan is concluded to have been that, whilst Richmond marched directly to the field, Lord Stanley should take up a position on the right, and Sir William on the left, so that, when the four armies were marshalled, they would form a hollow square ; the two brothers to remain neuter unless their aid should prove indispensable. ‘There were good rea- sons for this saving clause; for Lord Strange, Lord Stanley’s eldest son, was a hostage in the hands of Richard ; and though the usurper might be defeated, it did not follow that he would be killed, or lose all future chance of taking full vengeance on false friends.