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When I am hungry for the bread of life?
Therefore, avaunt all attitude and stare,
Who handles things divine; and all besides,
Heard at conventicle, where worthy men,
SELECT ETYMOLOGIES.high; h., altitude, exalt, hav or away; ap'o, from or awa cas'tus; probably related to V. INCIDENT. Conventio
Gd sir, have patience.
The part my hopes in heaven do dwell.
ALATT ETTX1200118-Angel : L. an'gelus, a messenger; fr. Gr. ayyedos. fr. p'i and skop'os, one that octrine: Bishop: tar, «pas kóple, an overseer; L. doctrina; fr. do'cèo, doc'tum, teach; n., docile, doctor, document, in-docile, etc.... Exhibit: L. exhib'eo, exhib'itum, to hold out; fr. ex, out, and hab'eo, I have, I hold: v. ABILITY. . . . Extreme: L. extre'mus, outermost; superlative of ex'ter or ex'terus, outward; comparative exterior, external. Frivolous: L. friv'olus, silly. . . . Implacable: L. implaWhen he has run his course and sleeps in blessings,
May have a tomb of orphans' tears wept on 'em!
Crom. That Cranmer is returned with welcome,
Crom. Last, that the Lady Anne,
Whom the king hath in secrecy long married,
Only about her coronation.
Wol. There was the weight that pulled me down. O Cromwell,
XLVIII.-ON THE ACT OF HABEAS CORPUS.
In 1804 an act was passed by the British Parliament by which it was enacted that a warrant from a court in Great Britain might be transmitted to Ireland, be endorsed and executed there by a justice of the peace, and the accused party transferred for trial to the court from whence the warrant issued. Under this act Mr. Justice Johnson was arrested for libel, but a habeas corpus was issued, the cause was brought up in the Court of Exchequer, February 4, 1805, before Chief-Justice Lord Avonmore and the other barons, and Curran made a speech in the prisoner's behalf, from which we take the following passages. The judgment of the court was against the prisoner's release.
CI'MON, an Athenian general, son of Mil-ti'a-dēs, distinguished himself against the Persians 470 B. C. EPAMINON'DAS, a Theban general, fell in battle B. C. 363. FABRICIUS, a Roman general, was a pattern of virtue in his integrity and contempt of riches. LUCRECE or LUCRETIA fell by her own hand, having been dishonored by Sextus Tarquinius, the king's eldest son, which event led to the expulsion of the Tarquins from ancient Rome by Junius Brutus. The story of VIRGINIA is told elsewhere (page 134). SOC'RA-TES, one of the greatest of the ancient Greeks, was born 468 B. C.
1. THE abstract and general question for your consideration is this: My Lord Ellenborough has signed with his own hand a warrant which has been indorsed by Mr. Bell, an Irish justice, for seizing the person of Mr. Justice Johnson in Ireland, for conveying his person in the most direct way, in such manner as these bailiffs may choose, across the sea, and afterward to the city of Westminster, to take his trial for an alleged libel against the persons intrusted with the government of Ireland.
2. The present arrest and detention are defended under the forty-fourth act of the king; are they warranted by that act? That is the only question for you to decide. First, then, how stood the law before? It would be a parade of useless learning to go farther back than the statute of Charles-the Habeas Corpus Act, which is so justly called the second Magna Charta of British liberty. What was the occasion of the law? The arbitrary transportation of the subject beyond the realm! that base and malignant war which the minions of power are for ever ready to wage against all those who are honest and bold enough to despise, to expose and to resist them!
3. Such is the oscitancy of man that he lies torpid for ages
under these aggressions, until at last some signal abuse-the violation of Lucrece, the death of Virginia, the oppression of William Tell--shakes him from his slumber. For years had it been the practice to transport offending persons out of the realm under the pretext of punishment or of safe custody. But of that flagrant abuse this statute has laid the axe to the root. By this act you have a solemn legislative declaration "that it is incompatible with liberty to send any subject out of the realm under pretense of any crime supposed or alleged to be committed in a foreign jurisdiction, except that crime be capital." Such were the bulwarks which our ancestors placed about the sacred temple of liberty-such the ramparts by which they sought to bar out the cver-toiling ocean of arbitrary power, and thought (generous credulity!) that they had barred it out from their posterity for ever. Little did they foresee the future race of vermin that would work their way through those mounds and let back the inundation.
4. The Habeas Corpus Act declares the transmission of all persons to be illegal, except only persons charged with capital crimes. But to support the construction that takes in all possible offenses of all possible degrees you have been told, and upon the grave authority of notable cases, that the enacting part of a statute may go beyond its preamble. Can you, my lords, bring your minds easily to believe that such a tissue of despotism and folly could have been the sober and deliberate intention of the legislature? I am not ignorant that this extraordinary construction has received the sanction of another court, nor of the surprise and dismay with which it smote upon the general heart of the bar. I am aware that I may have the mortification of being told in another country of that unhappy decision, and I foresee in what confusion I shall hang down my head when I am told it.
5. But I cherish, too, the consolatory hope that I shall be able to tell them that I had an old and learned friend, whom I would put above all the sweepings of their hall, who was of a different opinion; who had derived his ideas of civil liberty from the purest fountains of Athens and of Rome; who had
fed the youthful vigor of his studious mind with the theoretic knowledge of their wisest philosophers and statesmen; and who had refined that theory into the quick and exquisite sensibility of moral instinct by contemplating the practice of their most illustrious examples, by dwelling on the sweet-souled piety of Cimon, on the anticipated Christianity of Socrates, on the gallant and pathetic patriotism of Epaminondas, on that pure austerity of Fabricius, whom to move from his integrity would have been more difficult than to have pushed the sun from his course.
6. I would add that if he had seemed to hesitate, it was but for a moment; that his hesitation was like the passing cloud that floats across the morning sun and hides it from the view, and does so for a moment hide it, by involving the spectator, without even approaching the face of the luminary. And this soothing hope I draw from the dearest and tenderest recollections of my life—from the remembrance of those Attic nights and those refections of the gods which we have partaken with those admired and respected and beloved companions who have gone before us, over whose ashes the most precious tears of Ireland have been shed.
7. Yes, my good lord, I see you do not forget them; I see their sacred forms passing in sad review before your memory; I see your pained and softened fancy recalling those happy meetings where the innocent enjoyment of social mirth became expanded into the nobler warmth of social virtue, and the horizon of the board became enlarged into the horizon of man; where the swelling heart conceived and communicated the
pure and generous purpose; where my slenderer and younger
taper imbibed its borrowed light from the more matured and redundant fountain of yours. Yes, my lord, we can remember those nights without any other regret than that they can never more return, for
"We spent them not in toys, or lust, or wine,
But search of deep philosophy,
Wit, eloquence and poesy;
Arts which I loved, for they, my friend, were thine."
SELECT ETYMOLOGIES.-Abstract: L. abstrac'tus; p. p. of abs'traho, abstrac'tum, to draw away from; fr. abs = ab and tră'ho, trac'tum, to draw; h., abs-tract (distinct or separate from something else, existing in the mind only: v. CONCRETE), at-tract (at ad), con-tract, de-tract, dis-tract, ex-tract, por-trait, por-tray (por = pro, forth), pro-tract, re-tire, re-tract, retreat, sub-traction, tract, tractable, trait, treat, treatise, treaty, etc. Abuse: L. abu'tor, abu'sus, to use up; fr. ab and u'tor, u'sus, to use; h., inutile, usage, use, usurp (fr. u'sus and rap'io, I seize), usury, utensil, utility, etc. Allege: L. alle'go, allega'tum, to send one away with a charge; fr. ad (v. p. 31) and le'go, lega'tum, to depute, to send as ambassador, also to leave by will; h., al-legation, de-legate, legacy, lègate, legation, re-legate (to banish), etc.: v. ELECT. Arbitrary: L. arbitra'rius; fr. arʼbiter, a witness, an umpire, a judge; h., arbitrate, etc. . . . Attic: Gr. AttikŎs, pertaining to Attica in Greece; elegant, witty. . . . Austerity: L. auste'ritas; fr. aus-te'rus, harsh, sour.... Exquisite: L. exqui-si'tus; lit., carefully sought out; fr. exqui'ro, exquisi'tum; fr. ex, out, and quæ'ro, quæsi’tum, to seek; h., ac-quire (ac — ad), ac-quisitive, con-quer, con-quest, dis-quisition, in-quest, in-quire, in-quisitive, per-quisite, query, quest, question, request, re-quire, rè-quisite, etc. . . . Flagrant: L. fla'grans, p. pr. of fla'gro, flagra'tus, to burn; h., con-flagration, etc. Ha'be-as cor'pus: L., you may have the body.. Hesitate: L. hæ'sito, hæsita'tum, to stick fast; fr. hæ'reo, hæ'sum, to hang fast, to stick; h., ad-here, ad-hesive, co-hesion, incoherent, in-here, in-herent, etc. Indorse or Endorse: fr. the L. in, upon, and dor'sum, the back; h., dorsal, relating to the back. . . . Integrity : v. TACT. . . . Oscitancy, the act of gaping; h., sluggishness; fr. the L. os'cito, I gape; fr. os, the mouth, and ci'eo, cit'um, to make to go. . . . Parade: L. par'o, para'tum, to make ready: v. PREPARE. . . . Pathetic : Gr. pathetikōs; fr. path'ein, to suffer; h., anti-pathy, a-pathy (a, without), pathology (log'õs, discourse), sym-pathy (sym sun, with), etc. . . . Preamble: L. præam'bu-lus, walking before; præ and am'bulo, ambula'tum, to go back and forth; h., amble, ambulance, ambulatory, per-ambulate, etc. Pretense: L. præten'do, præten'tum, to stretch forward: v. TENSION. Pretext: L. prætex'tus, an outward appearance; fr. prætex'o, prætex'tum, to weave before; fr. præ and tex'o, I weave; h., con-text, text, textile, texture, Theory: Gr. thě-ŏ'ria; fr. the-ō'rein (Oewpeiv), to look out.
THE SEA-BIRD'S SONG.
On the deep is the mariner's danger,
Sees the last bubble burst of his breath?