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run," and if the party fo being under the age of twentyone years fhall have no father or mother, then of a guardian or guardians of the perfon," &c. we should have affented to the conftruction given in the Confiftorial Court. Because, illegitimate children having no father, &c. according to the theory of our law, they would come directly within the words of the ftatute; and the neceffity of a confent by guardian, must have attached in the first instance upon them. But in the claufe, as it is actually penned, the life or death of the parent is anxioufly inferted in every fucceffive mention of it, as the condition upon which the guardian's power of confent is to depend thereby; as it appears to us exprefsly confining and limitting it to cafes where there had once been parents of a defcription, who, if living, would have poffeffed the privilege, in preference to fuch an appointer. Mr. Juftice Buller feems to have given the like conftruction to the Act, in Rep. v. Edmonton, 2 Bott. 88, where he obferves, "either this cafe is within the Act, or it is not; if within it, there is nobody elfe to consent but the putative father, and nobody else can be meant. If by a more ftrict conftruction, the A&t is held to extend only to cafes where there is a lawful father, then this cafe is not within it, and no confent was neceffary."

With the moral merits of this particular caufe, fo far as it may implicate the character of the parties concerned, we have neither the means nor the inclination to offer a fingle remark. As to the policy of the Act itself, courts of juftice never can fuffer their opinion to be influenced by any consideration of the fort.

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It is remarked by Ariftotle, that the law can have no, paffions. Whatever the humane and accomplished judge who heard the caufe might feel for individuals, interested in his fentence, he is bound to expound the statute as he understands the legiflature to intend it. That fome regulations are neceffary for the reftraint of clandeftine marriages, no one who feels as a father, a brother, an husband, or an honeft man, can poffibly deny. But the beneficial confequences of the prefent ftatute, arranged as it is in terrors, and armed with fuch highly penal provifions, has been queftioned by many who are well-entitled to the appellation of being wife and good.

I may be doubted, whether the number of imprudent matches, in great families, are diminifhed under the provifions of a law, which is fo eafily evaded by a journey beyond the limits of England. If this be fo, what was farcastically remarked of all laws by the Scythian Anarcharlis is emphatically true of the prefent. It is a cobweb which muft entangle the poor; but the rich and powerful can easily burft the impedi

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ment*. That refpect for the nuptial ties has not increased fince the paffing of the statute, not only common observation, but the records of courts of juftice and of parliament itself bear ample teftimony. The practice of obtaining at once a dowry and a divorce by the foul means of adultery, has grown upon us to a moft fearful and portentous extent.

Facunda culpæ faccula nuptias

Primum inquinavere, et genus et domos,
Hoc fonte derivata clades

In patriam populumque fluxit.

Motus doceri gaudet Ionicos
Matura Virgo; et fingitur artubus
Jam nunc, et incestos amores
De tenero meditatur ungui.

That these schemes are too often planned and executed, not without the consciousness of the hufband, we have but too much reafon to believe. The neceflity of repreffing the mifchief has attracted the notice of one Houfe of Parliament, and we trust that it will not for ever escape the wisdom of the other.

It is excellently well obferved in the fentence before us, "that the religion of the country has always mixed itfelf much in the confideration of its law upon the subject of the marriage contract." The perfon by whom it is celebrated; the facred place in which the rites are performed; the awful nature of the ceremony itfelf; inveft it with a degree of religious veneration, of which it would be facrilegious folly to deprive it. The first attempt to reduce it in any cafe to the level of a common contract, was made by this ftatute. The policy of our ancestors were different. It was then a folemn indiffoluble compact, made in the prefence, and upon the altar of God; formed not only between the male and female who plight their troths to each other, but between them and that posterity which they hope to produce, and the fociety with whom they affociate. The mode in which God first created man and woman was

their guide and their type. In the ftrong metaphor of the

*Its confequences to the poor is the chief reafon which has induced Sir W, Blackstone to question the policy of the ftatute; fpeaking of it, he fays, retraints upon marriages, efpecially among the lower clafs, are evidently detrimental to the public, by hindering the increase of the people; and to religion and morality, by encouraging licentioufnets and debauchery among the fingle of both fexes; and thereby deftroying one end of fociety and government, which is concubitu prohibere vago." Com. p. 438.

ritual, the husband and his wife became of one bone and one fleth. Those who ufed fuch language, meant to exprefs by it, that an attempt to disjoin them, ought to be dictated by a neceffity not Jefs ftrong, and followed by a struggle not lefs painful, than that which must attend an amputation from the body, which we have received from nature. We do not fay that an alteration in this our ancient and immemorial law, cannot be juftified on any account. But we think that it is to be justified alone upon the ftrongeft and clearelt grounds of neceflity. Whatever opinions we entertain, however, upon the fubject, we feel how much it is our duty to fubmit with refpectful deference to the wifdom of the legiflature. Such reflections as we have made, are intended as hints for the confideration of any member of either Houfe into whofe hands thefe pages come, and not as murmurs against the exifling law. We fhall conclude with a remark upon the claufe before us.

It contains no limitation, as to the time at which it can be brought to operate in any particular cafe. The marriage may be diffolved by the minor, or the friends of the minor, at the moft diftant period from its being made public. Equal power is given to the party who is of age, as to the minor who is not. The adult hufband is invefted with a privilege to break through thofe obligations when entered into with an innocent young female, which he would not poffefs if he had engaged with one who was in the ripeness of her years of ability to confiler and contract for herfelf. It allows him to expei fimple innocence and beauty, as a ftrumpet from his arms and his houfe, and

"Whistle her down the wind To prey at fortune.”

It renders children thus born to a virtuous and wedded mother, illegitimate; and removes them, in cafes of ftria fetticment, from the fair profpect of inheritance beyond the hufband's power to reftore it by a more formal marriage. Such a provifion never did fpring from temperate meditation in the groves of the goddefs Egeria. Had it been devised by Draco, (whose laws are faid to have been written in blood) he would with inhuman exultation have caufed it to be inferibed, as Archimedes is faid to have caufed the fphere to be engraven on his tomb: an emblem at once of his profeffion as a lawgiver, and his skill in devifing of penal functions the most crue! in their confequences, and extenfive in their operation.

ART.

ART. III. A Topographical Description of Cumberland, Weftmerland, Lancashire, and a Part of the Weft-Riding of York fhire; comprehending, firft, a General Introductory View; fecondly, A more detailed Account of each County, its Extent, general Appearance, Mountains, Caves, Rivers, Lakes, Canals, Soils, Roads, Minerals, Buildings, Market-Towns, Commerce, Manufactures, Agriculture, Antiquities, and the Manners and Cuft.ms of its Inhabitants; thirdly, a Tour through the most interefting Parts of the District, defcribing, in a Concife and perfpicuous Manner, fuch Objects as are beft Worth the Attention of the curious Traveller and Tourist. Illuftrated with various Maps, Plans, Views, and other ufeful Appendages. By John Houfman. 8vo. 550 pp. Fine Demy, 10s. 6d. Superfine Medium, 128. Law. 1800.

IN

N our number for September last, p. 451, we noticed to our readers Mr. Houfman's Guide to the Lakes, &c. which we perufed with much pleasure, and recommended to future tourists as the most fatisfactory Guide we had feen. Our remarks on that part of the work were very few, because we regarded it as a part only of a more extenfive publication, which is now brought to a conclufion, and appears in a more finished and compiere form, enriched with a great variety of pleafing and interefting fubjects, which the author has arranged with confiderable method, and difcuffed in a plain and perfpicuous manner. Our curiofity has been highly gratified by the perusal of this volume, the contents of which we fhall now detail more at length, and reprefent impartially to our readers the merits. of the performance, which, though not faultless, has strong claims to the notice of the public.

The volume opens with a brief outline, defcriptive of the general appearance and various produce of the kingdom; after which, the author proceeds to notice the most striking features of thofe counties which are more immediately the object of his

attention.

From the ample title-page, which we have copied out at length, the reader may form fome idea of the contents of this part of the volume; and we can juftly remark, that the candour and good fenfe of the author, entitle his observations to a confiderable fhare of attention and regard. The following fhort extract, defcriptive of the general appearance of Westmoreland, will furnish a specimen of this part of the work.

"The general appearance of this country is marked with fome of the ftrongest features in nature; immenfe tracts of mountains, beautiful but contracted valleys, extenfive lakes, and large rocky diftricts, containing

containing many high, fteep, and bulging crags. Weftmoreland is not only encircled with mountains but the greateft part of its interior furface is fwelled into hills. The long range of heavy looking hills before-mentioned bounds the eastern fide of the county; in front of which is a pretty extenfive tract of tolerably level ground. The reft of the country, almost wholly hill and dale. Farm houfes and fmall villages, beautifully covered with blue flate, and whitened with lime, are feated about the feet of the hills, with their small irregular fields fpreading up the fides of the mountains, and almoft univerfally divided with ftone walls. This laft circumftance gives the country a naked appearance; but the numerous pieces of woodland interspersed, enliven the scene. Every dell or hollow has its little brook or rivulet, and even the finaleit of thefe is plentifully fupplied with fish. Several low heathy commons are feen towards the eastern fide of Weltmoreland; and the western fide is characterized with high ragged prominences, and even fome rocky plains, fmall coppices, and a large extent of low, flat, peat-mofs; while, on the north, the fine woods above Lowther add a ftriking feature to the landscape."

Of the remaining part of the volume, which is the most confiderable, containing the author's defcriptive tours through the district, we shall give a more minute analyfis, with fuch brief extracts as may enable our readers to form a judgment of his abilities as a writer.

The tour commences at Sheffield, the fouthern point of the diftrict; and, after defcribing the flourishing state of its manufacture, of its hardware, population, and buildings, the author proceeds northwards, with a detailed account of the manufactories at Wakefield, Leeds, and Halifax; and a judicious report of the ftate of agriculture and produce of the country.

From Settle, which is briefly noticed, Mr. H. proceeds to vifit the Caves, &c. in its vicinity. Among a great variety of natural curiofities in this part of Yorkshire, Gigglefwick Well, we think, deferves particular notice.

"About two miles from Settle, and close by the road, is that remarkable ebbing and flowing, or rather recipocrating well, which is deservedly noticed by all travellers who pafs that way. A ftone trough, of about a yard fquare, is placed over the fpring, with openings at different heights to admit the iffuing of the water at different times. Its reciprocations feem very irregular, and are faid almost to cease in times of very great rains, or long-continued droughts. Sometimes it will rife and fall near a foot in this refervoir every ten or fifteen minutes. In October, 1797, about one o'clock, P. M. this fingular well rofe and fell twice in ten minutes but very irregularly. Just after our arrival the water began to fink, and in three minutes it fell five inches; it then continued ftationary for about half a minute, and afterwards rofe almolt to the fame height in lefs than one minute, boiling up violently in different places, and throwing out a quantity of fand. It afterwards fell one inch and a half, and then only rofe an inch. The

boiling,

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