February 15.

ToJ——E——, Esq.Dear Sir,I’ve just found proof enough,You arenotworth a pinch of snuff;Receivethe proof, seal’d up with care,Andextractfrom it, that youare.Valentine, 1825*

ToJ——E——, Esq.

Dear Sir,

I’ve just found proof enough,You arenotworth a pinch of snuff;Receivethe proof, seal’d up with care,Andextractfrom it, that youare.Valentine, 1825*

I’ve just found proof enough,You arenotworth a pinch of snuff;Receivethe proof, seal’d up with care,Andextractfrom it, that youare.

Valentine, 1825

Sir William Blackstonedied on the 14th of February, 1780. He was born at the house of his father, a silkman, in Cheapside, London, on the 10th of July, 1723; sent to the Charter-house in 1730; entered Pembroke-college, Cambridge, in 1738; of the Middle Temple, 1741; called to the bar in 1746; elected recorder of Wallingford in 1749; made doctor of civil law in 1750; elected Vinerian professor of common law in 1758; returned a representative to Parliament in 1761; married in 1761; became a justice of the court of Common Pleas in 1770. In the course of his life he filled other offices. He was just and benevolent in all his relations, and, on the judicial seat, able and impartial. In English literature and jurisprudence he holds a distinguished rank for his “Commentaries on the Laws of England.” This work originated in the legal lectures he commenced in 1753: the first volume was published in 1759, and the remaining three in the four succeeding years. Through these his name is popular, and so will remain while law exists. The work is not for the lawyer alone, it is for every body. It is not so praiseworthy to be learned, as it is disgraceful to be ignorant of the laws which regulate liberty and property. The absence of all information in some men when serving upon juries and coroners’ inquests, or as constables, and in parochial offices, is scandalous to themselves and injurious to their fellow men. The “Commentaries” of Blackstone require only common capacity to understand. Wynne’s “Eunomus” is an excellent introduction to Blackstone, if any be wanting. With these two works no man can be ignorant of his rights or obligations; and, indeed, the “Commentaries” are so essential, that he who has not read them has no claim to be considered qualified for the exercise of his public duties as an Englishman. He is at liberty, it is true, for the law leaves him at liberty, to assume the character he may be called on to bear in common with his fellow-citizens; but, with this liberty, he is only more or less than a savage, as he is more than a savage by his birth in a civilized country, and less than a savage in the animal instinct, which teaches that self-preservation is the first law of nature; and still further is he less, because, beside the safety of others, it may fall to him, in this state of ignorance, to watch and ward the safety of the commonwealth itself.

Blackstone, on making choice of his profession, wrote an elegant little poem, entitled “The Lawyer’s Farewell to his Nurse.” It is not more to be admired for ease and grace, than for the strong feeling it evinces in relinquishing the pleasures of poesy and art, and parting for ever from scenes wherein he had happily spent his youthful days. Its conclusion describes his anticipations—

Lost to the field and torn from you—Farewell! a long—a last adieu!Me wrangling courts and stubbornlawTo smoke and crowds, and cities draw;There selfish faction rules the day,And pride and av’rice throng the way;Diseases taint the murky air,And midnight conflagrations glare:Loose revelry and riot boldIn frighted streets their orgies hold;Or when in silence all is drowned,Fell murder walks her lonely roundNo room for peace—no room for youAdieu, celestial nymph, adieu!

Its origin and progress may be traced in theTreeengraved on the opposite page.

The Tree of Common Law.

Enlarged illustration(290 kB).

A few whimsical miscellanies are subjoined, not derogatory from the importance or necessity oflegislation, but amusingly illustrative oflegal practicein the sinuosities it has acquired during successive stages of desuetude and change. Those only who know the law are acquainted with the modes by which numerous deformities in its application have originated, or the means by which they may be remedied; while all who experience that application are astonished at its expensiveness, and complain of it with reason.

A legal practitioner is said to have delivered a bill containing several charges of unmerciful appearance, to a client, who was a tailor; and the tailor, who had made a suit of clothes for his professional adviser, is said to have sent him the following bill by way of set-off.

AttendingAin conference concerning the best mode to indemnifyBagainstC’s demand for damages, in consequence of his drivingD’s cart againstE’s house, and thereby breaking the window of a room occupied byF’s family, and cutting the head ofG, one of his children, whichH, the surgeon, had pronounced dangerous, and advising on the steps necessary for such indemnity. AttendingIaccordingly thereon, who said he could do nothing without the concurrence of his brotherJ, who was on a visit to his friendK, but who afterwards consented thereto, upon having a counter-indemnity fromL. Taking instructions for, and writing the letter accordingly, but he refused to accede thereto, in consequence of misconduct in some of the parties towards his distant relationM, because he had arrestedN, who being in custody ofO, the officer, atP’s house, was unable to prevail uponQandRto become bail. Attending in consequence uponS, thesheriff, when he said, if he received an undertaking to give a bail-bond at the return of the writ, the defendant should be discharged. AttendingTfor undertaking accordingly, conferring thereon; but he declined interfering without the concurrence ofV, to whom he was largely indebted, in whose hands he had lodged several title-deeds as a collateral security, and who, it appeared, had sent the deeds to his attorneyU, for the purpose of preparing a mortgage toW, in trust, for securing his demand, and also of a debt due toX. Attending afterwards onA’s clerkY, communicating the result of our numerous applications, and conferring with him thereon, when he at length informed me thatZhad settled the business.

“To him that goes to law, nine things are requisite: 1. A good deal of money—2. A good deal of patience—3. A good cause—4. A good attorney—5. Good counsel—6. Good evidence—7. A good jury—8. A good judge—and lastly, good luck.”

“Reason is the life of the law, nay, the common law itself is nothing else but reason.”

If a man says of a counsellor of law,Thou art a daffa-down-dilly, an action lies. So adjudged in Scaccario, and agreedper totam curiam.—1 Vin. Abb. 445.

He hath no more law than Mr. C.’s bull.These words being spoken of an attorney, the court inclined that they were actionable, and that the plaintiff should have judgment, though it was objected that the plaintiff had not declared that C. had a bull.—Siderfin, 327, pl. 8. Pasch. 19 Car. II. Bakerv.Morfue. The chief justice was of opinion, that if C. had no bull, the scandal was the greater. And it was pronouncedper curiamin the same case, that to say of a lawyer, thathe has no more law than a goose, has been adjudged actionable.—Sid. 127, pl. 8.—There is quære added as to the saying,He hath no more law than the man in the moon(Ib. 2 Kib. 209); the law, doubtless, contemplating the possibility of there being a man in the moon, and of his being a good lawyer.

My lord chief baron cannot hear of one ear, adjudged actionable, there being acolloquiumof his administration of justice. But not so if there had been no discourse of his justice.—1 Vin. Ab. 446.

Adjudged, that thedeathof a parson is anon-residency, within 13 Eliz. c. 20, so as to avoid his leases. Mottv.Hales, Crok. Eliz. 123

Eden and Whalley’s case:—“One Eden confessed himself guilty ofmultiplication, and that he had practised the making ofquintessence, and thephilosopher’s stone, by which all metals might be turned into gold and silver; and also accused Whalley, now a prisoner in the Tower, of urging and procuring him to practise this art; and that Whalley had laid out money in red wine and other things necessary for the said art. And, because this offence is only felony, Eden, the principal, was pardoned by the general pardon; but Whalley, who was but accessary in this case, was excepted as one of those who were in the Tower. The question was moved, whether Whalley should be discharged;—Quære, the statute of 5 Hen. IV. 4, which enacts, ‘that none should use to multiply gold or silver, nor use the craft of multiplication; and if any the same do, that he incur the pain of felony in this case.’—Quære—Whether there can be any accessary in this new felony?—1 Dyer, 87, 6, Easter Term, 7 Ed. VI. This statute was repealed by the stat. of 1 Will. & Mary.”

In the case ofmonopolized cards, there was cited a commission in the time of Henry V. directed to three friars and two aldermen of London, to inquire whether the philosopher’s stone was feasible, who returned it was, and upon this a patent was made out for them to make it—Moore, 675; Dancey’s case.

According to the Asiatic Researches, a very curious mode of trying the title of land is practised in Hindostan:—Two holes are dug in the disputed spot, in each of which the plaintiff and defendant’s lawyers put one of their legs, and remain there until one of them is tired, or complains of being stung by the insects, in which case his client is defeated. In this country it is theclient, and not thelawyer, who puts hisfoot into it.

Professional practice is frequently the subject of theatrical exhibition. “Giovanni in London” has a scene before going to trial, with the following

Trio.First Lawyer, Second Lawyer, Giovanni.Air—“Soldier, gave me one Pound.”First Lawyer.Giovanni, give me one pound.Second Lawyer.Giovanni, give me two.First Lawyer.Trial it comes on to-day;Second Lawyer.And nothing we can do.First Lawyer.You must give a fee,Both to me—Second Lawyer.And me.Both Lawyers.For, oh! the law’s a mill that without grist will never go.Giovanni.Lawyer, there is one pound;(to second Lawyer)Lawyer, there are two;(to first Lawyer)And now I am without a pound,Thanks to the law and you.For, oh! I feel the lawHas clapp’d on me its paw;And, oh! the law’s a millthat without grist will never go.

Trio.

First Lawyer, Second Lawyer, Giovanni.Air—“Soldier, gave me one Pound.”

First Lawyer.Giovanni, give me one pound.Second Lawyer.Giovanni, give me two.First Lawyer.Trial it comes on to-day;Second Lawyer.And nothing we can do.First Lawyer.You must give a fee,Both to me—Second Lawyer.And me.Both Lawyers.For, oh! the law’s a mill that without grist will never go.Giovanni.Lawyer, there is one pound;(to second Lawyer)Lawyer, there are two;(to first Lawyer)And now I am without a pound,Thanks to the law and you.For, oh! I feel the lawHas clapp’d on me its paw;And, oh! the law’s a millthat without grist will never go.

First Lawyer.

Giovanni, give me one pound.

Second Lawyer.

Giovanni, give me two.

First Lawyer.

Trial it comes on to-day;

Second Lawyer.

And nothing we can do.

First Lawyer.

You must give a fee,Both to me—

Second Lawyer.

And me.

Both Lawyers.

For, oh! the law’s a mill that without grist will never go.

Giovanni.

Lawyer, there is one pound;

(to second Lawyer)

Lawyer, there are two;

(to first Lawyer)

And now I am without a pound,Thanks to the law and you.For, oh! I feel the lawHas clapp’d on me its paw;And, oh! the law’s a millthat without grist will never go.

The Monday before Shrove Tuesday is so called because it was the last day of flesh-eating before Lent, and our ancestors cut their fresh meat into collops, or steaks, for salting or hanging up till Lent was over; and hence, in many places, it is still a custom to have eggs and collops, or slices of bacon, at dinner on this day. The Rev. Mr. Bowles communicates to his friend Mr. Brand, that the boys in the neighbourhood of Salisbury go about before Shrove-tide singing these lines:

Shrove-tide is nigh at hand,And I am come a shroving;Pray, dame, something,An apple or a dumpling,Or a piece of Truckle cheeseOf your own making,Or a piece of pancake.

Polydore Virgil affirms of this season and its delicacies, that it sprung from the feasts of Bacchus, which were celebrated in Rome with rejoicings and festivity at the same period. This, therefore, is another adoption of the Romish church from the heathens; and it is observed by Brand, that on Shrove Monday it was a custom with the boys at Eton to write verses concerning Bacchus, in all kinds of metre, which were affixed to the college doors, and that Bacchus’ verses “are still written and put up on this day.” The Eton practice is doubtless a remnant of the catholic custom.

Yellow Crocus.Crocus Mæsiacus.Dedicated toSt. Valentine.

Sts. Faustinus and Jovita,A. D.121.St. Sigefride, orSigfrid, of Sweden, Bp.A. D.1002.

It is communicated to theEvery-Day Bookby a correspondent, Mr. R. N.B——, that at Hoddesdon in Hertfordshire, the old curfew-bell, which was anciently rung in that town for the extinction and relighting of “all fire and candle light” still exists, and has from time immemorial been regularly rang on the morning of Shrove Tuesday at four o’clock, after which hour the inhabitants are at liberty to make and eatpancakes, until the bell rings again at eight o’clock at night. He says, that this custom is observed so closely, that after that hour not a pancake remains in the town.

The Curfew.I hear the far-off curfew sound,Over some wide-water’d shore,Swinging slow with sullen roar.Milton.

The Curfew.

I hear the far-off curfew sound,Over some wide-water’d shore,Swinging slow with sullen roar.

Milton.

That the curfew-bell came in with William the Conqueror is a common, but erroneous, supposition. It is true, that by one of his laws he ordered the people to put out their fires and lights, and go to bed, at the eight-o’clock curfew-bell; but Henry says, in his “History of Great Britain,” that there is sufficient evidence of the curfew having prevailed in different parts of Europe at that period, as a precaution against fires, which were frequent and fatal, when so many houses were built of wood. It is related too, in Peshall’s “History of Oxford,” that Alfred the Great ordered the inhabitants of that city to cover their fires on the ringing of the bell at Carfax every night at eighto’clock; “which custom is observed to this day, and the bell as constantly rings at eight as Great Tom tolls at nine.” Wherever the curfew is now rung in England, it is usually at four in the morning, and eight in the evening, as at Hoddesdon on Shrove Tuesday.

Concerning the curfew, or the instrument used to cover the fire, there is a communication from the late Mr. Francis Grose, the well remembered antiquary, in the “Antiquarian Repertory” (vol. i.) published by Mr. Ed. Jeffery. Mr. Grose enclosed a letter from the Rev. F. Gostling, author of the “Walk through Canterbury,” with a drawing of the utensil, from which an engraving is made in that work, and which is givenhereon account of its singularity. No other representation of the curfew exists.

curfew

“This utensil,” says the Antiquarian Repertory, “is called a curfew, orcouvre-feu, from its use, which is that of suddenly putting out a fire: the method of applying it was thus;—the wood and embers were raked as close as possible to the back of the hearth, and then the curfew was put over them, the open part placed close to the back of the chimney; by this contrivance, the air being almost totally excluded, the fire was of course extinguished. This curfew is of copper, rivetted together, as solder would have been liable to melt with the heat. It is 10 inches high, 16 inches wide, and 9 inches deep. The Rev. Mr. Gostling, to whom it belongs, says it has been in his family for time immemorial, and was always called the curfew. Some others of this kind are still remaining in Kent and Sussex.” It is proper to add to this account, that T. Row, in the “Gentleman’s Magazine,” because no mention is made “of any particular implement for extinguishing the fire in any writer,” is inclined to think “there never was any such.” Mr. Fosbroke in the “Encyclopædia of Antiquities” says, “an instrument of copper presumed to have been made for covering the ashes, but of uncertain use, is engraved.” It is in one of Mr. F.’s plates.

On T. Row’s remark, who is also facetious on the subject, it may be observed, that his inclination to think there never was any such implement, is so far from being warrantable, if the fact be even correct, that it has not been mentioned by any ancient writer, that the fair inference is the converse of T. Row’s inclination. Had he consulted “Johnson’s Dictionary,” he would have found the curfew itself explained as “a cover for a fire; a fire-plate.—Bacon.” So that if Johnson is credible, and his citation of authorities is unquestionable, Bacon, no very modern writer, is authority for the fact that therewassuch an implement as the curfew.

Mr. P., an obliging contributor, furnishes theEvery-Day Bookwith a letter from aFriend, descriptive of a custom on this day in the vicinity of London.

Respected Friend,

Having some business which called me to Kingston-upon-Thames on the day called Shrove Tuesday, I got upon the Hampton-court coach to go there. We had not gone above four miles, when the coachman exclaimed to one of the passengers, “It’s Foot-ball day;” not understanding the term, I questioned him what he meant by it; his answer was, that I would see what he meant where I was going.—Upon entering Teddington, I was not a little amused to see all the inhabitants securing the glass of all their front windows from the ground to the roof, some by placing hurdles before them, and some by nailing laths across the frames. At Twickenham, Bushy, and Hampton-wick, they were all engaged in the same way: having to stop a few hours at Hampton-wick and Kingston, I had an opportunity of seeing the whole of the custom, which is, to carry a foot-ball from door to door and beg money:—at about 12 o’clock the ball is turned loose, and those who can, kick it. In the town of Kingston, all the shops are purposely kept shut upon that day; there were several balls in the town, and of course several parties. I observed some persons of respectability following the ball: the game lasts about four hours, when the parties retire to the public-houses, and spend the money they before collected in refreshments.

I understand the corporation of Kingston attempted to put a stop to this practice, but the judges confirmed the right of the game, and it now legally continues, to the no small annoyance of some of the inhabitants, besides the expense and trouble they are put to in securing all their windows.

I was rather surprised that such a custom should have existed so near London, without my ever before knowing of it.

From thy respected Friend,

N——S——

Third Month, 1815.

J.—— B.——

As fit—as apancakeforShrove Tuesday.Shakspeare.

As fit—as apancakeforShrove Tuesday.

Shakspeare.

Pancake Dayis another name for Shrove Tuesday, from the custom of eating pancakes on this day, still generally observed. A writer in the “Gentleman’s Magazine, 1790,” says, that “Shriveis an old Saxon word, of whichshroveis a corruption, and signifies confession. Hence Shrove Tuesday means Confession Tuesday, on which day all the people in every parish throughout the kingdom, during the Romish times, were obliged to confess their sins, one by one, to their own parish priests, in their own parish churches; and that this might be done the more regularly, the great bell in every parish was rung at ten o’clock, or perhaps sooner, that it might be heard by all. And as the Romish religion has given way to a much better, I mean the protestant religion, yet the custom of ringing the great bell in our ancient parish churches, at least in some of them, still remains, and obtains in and about London the name ofPancake-bell: the usage of dining on pancakes or fritters, and such like provision, still continues.” In “Pasquil’s Palinodia, 1634,” 4to. it is merrily observed that on this day every stomach

till it can hold no more,Is fritter-filled, as well as heart can wish;And every man and maide doe take their turne,And tosse their pancakes up for feare they burne;And all the kitchen doth with laughter sound,To see the pancakes fall upon the ground.

This singular custom is almost obsolete, yet it certainly is practised, even now, in at least one obscure part of the kingdom. A reasonable conjecture concerning its origin is, that the fowl was a delicacy to the labourer, and therefore given to him on this festive day, for sport and food.

At Shrovetide to shroving, go thresh the fat hen,If blindfold can kill her, then give it thy men.Maids, fritters and pancakes inough see you make,Let slut have one pancake, for company sake.

So directs Tusser in his “Five Hundred Points of Good Husbandry, 1620,” 4to. On this his annotator, “Tusser Redivivus, 1710,” (8vo. June, p. 15,) annexes an account of the custom. “The hen is hung at a fellow’s back, who has also some horse bells about him, the rest of the fellows are blinded, and have boughs in their hands, with which they chase this fellow and his hen about some large court or small enclosure. The fellow with his hen and bells shifting as well as he can, they follow the sound, and sometimes hit him and his hen, other times, if he can get behind one of them, they thresh one another well favour’dly; but the jest is, the maids are to blind the fellows, which they do with their aprons, and the cunning baggages will endear their sweethearts with a peeping-hole, whilst the others look out as sharp to hinder it. After this the hen is boil’d with bacon, and store of pancakes and fritters are made.”

Threshing the Fat Hen at Shrovetide.

Tusser’s annotator, “Redivivus,” adds, after the hen-threshing. “She that is noted for lying a-bed long, or any other miscarriage, hath the first pancake presented to her, which most commonly falls to the dog’s share at last, for no one will own it their due. Thus were youth encourag’d, sham’d, and feasted with very little cost, and always their feasts were accompanied with exercise. The loss of which laudable custom, is one of the benefits we have got by smoking tobacco.” Old Tusser himself, by a reference, denotes that this was a sport in Essex and Suffolk. Mr. Brand was informed by a Mr. Jones that, when he was a boy in Wales, the hen that did not lay eggs before Shrove Tuesday was considered useless, and to be on that day threshed by a man with a flail; if he killed her he got her for his pains.

A Hen that spoke on Shrove Tuesday.

On Shrove Tuesday, at a certain ancient borough in Staffordshire, a hen was set up by its owner to be thrown at by himself and his companions, according to the usual custom on that day. This poor hen, after many a severe bang, and many a broken bone, weltering in mire and blood, recovered spirits a little, and to the unspeakable surprise and astonishment of all the company, just as her late master was handling his oaken cudgel to fling at her again, opened her mouth and said—“Hold thy hand a moment, hard-hearted wretch! if it be but out of curiosity, to hear one of my feathered species utter articulate sounds.—What art thou, or any of thy comrades, better than I, though bigger and stronger, and at liberty, while I am tied by the leg? What art thou, I say, that I may not presume to reason with thee, though thou never reasonest with thyself? What have I done to deserve the treatment I have suffered this day, from thee and thy barbarous companions? Whom have I ever injured? Did I ever profane the name of my creator, or give one moment’s disquiet to any creature under heaven? or lie, or deceive, or slander, or rob my fellow-creatures? Did I ever guzzle down what should have been for the support and comfort (in effect the blood) of a wife and innocent children, as thou dost every week of thy life? A little of thy superfluous grain, or the sweeping of thy cupboard, and the parings of thy cheese, moistened with the dew of heaven, was all I had, or desired for my support; while, in return, I furnished thy table with dainties. The tender brood, which I hatched with assiduity, and all the anxiety and solicitude of a humane mother, fell a sacrifice to thy gluttony. My new laid eggs enriched thy pancakes, puddings, and custards; and all thy most delicious fare. And I was ready myself at any time, to lay down my life to support thine, but the third part of a day.Had I been a man, and a hangman, and been commanded by authority to take away thy life for a crime that deserved death, I would have performed my office with reluctance, and with the shortest, and the least pain or insult, to thee possible. How much more if a wise providence had so ordered it, that thou hadst been my proper and delicious food, as I am thine? I speak not this to move thy compassion, who hast none for thy own offspring, or for the wife of thy bosom, nor to prolong my own life, which through thy most brutal usage of me, is past recovery, and a burden to me; nor yet to teach thee humanity for the future. I know thee to have neither a head, a heart, nor a hand to show mercy; neither brains, nor bowels, nor grace, to hearken to reason, or to restrain thee from any folly. I appeal from thy cruel and relentless heart to a future judgment; certainly there will be one sometime, when the meanest creature of God shall have justice done it, even against proud and savage man, its lord; and surely our cause will then be heard, since, at present, we have none to judge betwixt us. O, that some good Christian would cause this my first, and last speech to be printed, and published through the nation. Perhaps the legislature may not think it beneath them to take our sad case into consideration. Who can tell but some faint remains of common sense among the vulgar themselves, may be excited by a suffering dying fellow-creature’s last words, to find out a more good-natured exercise for their youth, than this which hardens their hearts, and taints their morals? But I find myself spent with speaking. And now villain, take good aim, let fly thy truncheon, and despatch at onemanlystroke, the remaining life of a miserable mortal, who is utterly unable to resist, or fly from thee.” Alas! he heeded not. She sunk down, and died immediately, without another blow. Reader, farewell! but learn compassion towards an innocent creature, that has, at least, as quick a sense of pain as thyself.

This article is extracted from the “Gentleman’s Magazine,” for the year 1749. It appeals to the feelings and the judgment, and is therefore inserted here, lest one reader should need a dissuasive against the cruelty of torturing a poor animal on Shrove Tuesday.

Hens were formerly thrown at, as cocks are still, in some places.

This brutal practice on Shrove Tuesday is still conspicuous in several parts of the kingdom. Brand affirms that it was retained in many schools in Scotland within the last century, and he conjectures “perhaps it is still in use:” a little inquiry on his part would have discovered it in English schools. He proceeds to observe, that the Scotch schoolmasters “were said to have presided at the battle, and claimed the run-away cocks, called fugees, as their perquisites.” To show the ancient legitimacy of the usage, he instances a petition in 1355, from the scholars of the school of Ramera to their schoolmaster, for a cock he owed them upon Shrove Tuesday, to throw sticks at, according to the usual custom for their sport and entertainment. No decently circumstanced person however rugged his disposition, from neglect in his childhood, will in our times permit one of his sons to take part in the sport. This is a natural consequence of the influence which persons in the higher ranks of life can beneficially exercise. Country gentlemen threw at the poor cock formerly: there is not a country gentleman now who would not discourage the shocking usage.

Strutt says that in some places, it was a common practice to put a cock into an earthen vessel made for the purpose, and to place him in such a position that his head and tail might be exposed to view; the vessel, with the bird in it, was then suspended across the street, about 12 or 14 feet from the ground, to be thrown at by such as chose to make trial of their skill; twopence was paid for four throws, and he who broke the pot, and delivered the cock from his confinement, had him for a reward. At North Walsham, in Norfolk, about 60 years ago, some wags put an owl into one of these vessels; and having procured the head and tail of a dead cock, they placed them in the same position as if they had appertained to a living one; the deception was successful; and at last, a labouring man belonging to the town, after several fruitless attempts, broke the pot, but missed his prize; for the owl being set at liberty, instantly flew away, to his great astonishment, and left him nothing more than the head and tail of the dead bird, with the potsherds, for his money and his trouble; this ridiculous adventure exposedhim to the continual laughter of the town’s people, and obliged him to quit the place.

A correspondent, S. W., says, “It strikes me that the game of pitching at capons, practised by boys when I was young, took its rise from this sport, (the throwing at cocks,) indulged in by the matured barbarians. The capons were leaden representations of cocks and hens pitched at by leaden dumps.”

Another correspondent, whose MS. collections are opened to theEvery-Day Book, has a similar remark in one of his common-place books, on the sports of boys. He says, “Shying at Cocks.—Probably in imitation of the barbarous custom of ‘shying’ or throwing at the living animal. The ‘cock’ was a representation of a bird or a beast, a man, a horse, or some device, with a stand projecting on all sides, but principally behind the figure. These were made of lead cast in moulds. They were shyed at with dumps from a small distance agreed upon by the parties, generally regulated by the size or weight of the dump, and the value of the cock. If the thrower overset or knocked down the cock, he won it; if he failed, he lost his dump.

“Shy for shy.—This was played at by two boys, each having a cock placed at a certain distance, generally about four or five feet asunder, the players standing behind their cocks, and throwing alternately; a bit of stone or wood was generally used to throw with: the cock was won by him who knocked it down. Cocks and dumps were exposed for sale on the butchers’ shambles on a small board, and were the perquisite of the apprentices, who made them; and many a pewter plate, and many an ale-house pot, were melted at this season for shying at cocks, which was as soon as fires were lighted in the autumn. These games, and all others among the boys of London, had their particular times or seasons; and when any game was out, as it was termed, it was lawful to steal the thing played with; this was calledsmuggingand it was expressed by the boys in a doggrel: viz.

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