Notes for week of February 10

With Valentine's Day saturating almost every sense this week, let's consider another element of this week's program, the final pilot episode.

William Blackstone, a celebrated English judge (d. February 14, 1780), wrote "Commentaries on the Laws of England." This work consists of five sections: an introduction, plus four books (The Rights of Persons, The Rights of Things, Of Private Wrongs, Of Public Wrongs).

A few excerpts, as mentioned in the program--remember to read ' s ' for ' f ':

TAXES (P 307, The RIGHTS of PERSONS. Book I. Ch. 8.)

THERE is alfo another ill confequence attending high impofts on merchandize, not frequently confidered, but indifputably certain; that the earlier any tax is laid on a commodity, the heavier it falls upon the confumer in the end: for every trader, through whofe hands it paffes, muft have a profit, not only upon the raw material and his own labour and time in preparing it, but alfo upon the very tax itfelf, which he advances to the government; otherwife he lofes the ufe and intereft of the money which he fo advances. To inftance in the article of foreign paper. The merchant pays a duty upon importation, which he does not receive again till he fells the commodity, perhaps at the end of three months. He is therefore equally entitled to a profit upon that duty which he pays at the cuftomhoufe, as to a profit upon the original price which he pays to the manufacturer abroad; and confiders it accordingly in the price he demands of the ftationer. When the ftationer fells it again, he requires a profit of the printer or bookfeller upon the whole fum advanced by him to the merchant: and the bookfeller does not forget to charge the full proportion to the ftudent or ultimate confumer; who therefore does not only pay the original duty, but the profits of thefe three intermediate traders, who have fucceffively advanced it for him. This might be carried much farther in any mechanical, or more complicated, branch of trade.

IMMIGRATION (P 360, The RIGHTS of PERSONS. BOOK I. Ch. 10.)

AN alien born may purchafe lands, or other eftates: but not for his own ufe; for the king is thereupon entitled to thems. If an alien could acquire a permanent property in lands, he muft own an allegiance, equally permanent with that property, to the king of England; which would probably be inconfiftent with that, which he owes the his own natural liege lord: befides that thereby the nation might in time be fubject to foreign influence, and feel many other inconveniences. Wherefore by the civil law fuch contracts were alfo made voidt: but the prince had no fuch advantage of efcheat thereby, as with us in England. Among other reafons, which might be given for our conftitution, it feems to be intended by way of punifhment for the alien's prefumption, in attempting to acquire any landed property: for the vendor is not affected by it, he having refigned his right, and received an equivalent in exchange. Yet an alien may acquire a property in goods, money, and other perfonal eftate, or may hire a houfe for his habitationu: for perfonal eftate is of a tranfitory and moveable nature; and befides, this indulgence to ftrangers is neceffary for the advancement of trade.

TORTURE (P 320-321, PUBLIC WRONGS. BOOK IV.Ch. 25.)

THE rack, or queftion, to extort a confeffion from criminals, is a practice of a different nature : this being only ufed to compel a man to put himfelf upon his trial ; that being a fpecies of trial in itfelf. And the trial by rack is utterly unknown to the law of England ; though once when the dukes of Exeter and Suffolk, and other minifters of Henry VI, had laid a defign to introduce the civil law into this kingdom as the rule of govern-ment, for a beginning thereof they erected a rack for torture ; which was called in derifion the duke of Exeter's daughter, and ftill remains in the tower of London o : where it was occafionally ufed as an engine of ftate, not of law, more than once in the reign of queen Elizabeth p. but when, upon the affaffination of Villiers duke of Buckingham by Felton, it was propofed in the privy council to put the affaffin to the rack, in order to difcover his accomplices ; the judges, being confulted, declared unanimoufly, to their own honour and the honour of the Englifh law, that no fuch proceeding was allowable by the laws of England q. It feems aftonifhing that this ufage, of adminiftring the torture, fhould be faid to arife from a tendernefs to the lives of men : and yet this is the reafon given for it's introduction in the civil law, and it's fubfequent adoption by the French and other foreign nation r : viz. becaufe the laws cannot endure that any man fhould die upon the evidence of a falfe, or even a fingle, witnefs ; and therefore contrived this method that innocence fhould manifeft itfelf by a ftout denial, or guilt by a plain confeffion. Thus rating a man's virtue by the hardinefs of his conftitution, and his guilt by the fenfibility of his nerves !

(from The Avalon Project at Yale Law School: Blackstone's Commentaries on the Laws of England)

Chronicles of William Hone (week of February 10, 2008)

Pilot episode (3 of 3).

Click here to hear the program (mp3).

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This week's program includes:

--Valentine's Day

--Lotteries for lovers

--Love poems

--William Blackstone (English judge) and his "Commentaries on the Laws of England"

--Flooding in eastern England

Notes for week of February 3

Upon first reading William Hone's entries for Shrove Tuesday (now best known as Mardi Gras), it would seem there are many, many sins to confess. It's strange how the day itself is, historically, such a juxtaposition of guilt and excess.

Chickens may have been gifts at this time, when it was best to gobble down any meat, cheese, eggs and butter before Lent arrived. For most, these items were probably already consumed--only the richer folks would have made an elaborate show of rich indulgence. But hens could have provided one last full meal.

Instead of gratitude, though, for a treat before a period of scarcity, hens and roosters were shown a fair amount of cruelty. "Threshing the hen," briefly mentioned in this week's episode, involved tying a hen to the back of a man, along with various bells, and giving chase to both. Blindfolded men, with sticks, would try to find the pair of unfortunates. Beating also came to those hens that didn't produce eggs before Lent. There was even a kind of game, like horseshoes, involving the throwing of sticks at roosters. Eventually, metal figurines replaced the live animals, and this game took over in England and Scotland. Cock-fighting was also provoked, in both England and ancient Greece.

It's tempting to look at Hone's works as simple collections of harmless, amusing tales. But Hone, while his days as a radical were largely over, was only 45 years old when he began work on his day-books, and his days of speaking up for the voiceless weren't that far away. Hone does add a few editorial comments about the barbarity of these customs, but his own custom is to bring in other voices. "The Hen that Spoke" is heard from in this week's episode, but only briefly.

Here, then, to give longer life to her words, is the complete speech:

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 are 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 one manly stroke, 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. (Gentleman's Magazine, 1749)

Chronicles of William Hone (week of February 3, 2008)

Pilot episode (2 of 3).

Click here to hear the program (mp3).
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This week's program includes:

--The original Super Tuesday: Carnival / Shrove Tuesday / Mardi Gras (Fat Tuesday) / Pancake Day

--St. Blase's Festival (patron saint of wool spinners and weavers)

--The Hen that Spoke

--The curfew bell and how it related to fires

--Sir Thomas More, and his wife's habit during Lent