many of our great politicians would talk better about virtue. Curtz, all agitation, paced up and down the room, where the composer was seated at the piano-forte. Imagine," said he, "a mountain rising, and then a valley sinking, and then another mountain, and then another valley; the mountains and the valleys follow one after the other with rapidity; and at every moment alps and abysses succeed each other."

This fine description was of no avail. In vain did harlequin add the thunder and lightning. "Come, describe for me all these horrors," he repeated incessantly, "but, particularly, represent distinctly these mountains and valleys."

At

Haydn drew his fingers rapidly over the key-board, ran through the semi-tones, tried abundance of sevenths, passed from the lowest notes of the bass to the highest notes of the treble. Curtz was still dissatisfied. last, the young man, out of all patience, extended his hands to the two ends of the harpsichord, and bringing them rapidly together, exclaimed, "The devil take the tempest!" "That's it! that's it!" cried the harlequin, springing upon his neck, and almost stifling him.

Haydn added, that when he crossed the Straits of Dover, in bad weather, many years afterwards, he laughed during the whole of the passage, on thinking of the storm in "The Devil on Two Sticks."

LAW-SUITS AGAINST ANIMALS.

M. BERRIAT SAINT PRIX, professor of law proceedings in the school of jurisprudence at Paris, has made some curious researches on the subject of law-suits carried on against animals.

In a kind of introduction to the History of the Massacres of the Vaudois, of Merindol, and of Cabrière, the president De Thon (historian of about A. D. 1550) relates that these sectaries had enjoyed soine security

whilst Barthelemi Chassanée was first president of the parliament of Provence, and he attributes the cause of the tacit protection afforded to them by Chassanée to their having reminded him of his former conduct, when he was still only an advocate, during a law-suit, in which he was appointed to defend the rats of the bishopric of Autun.

These animals had multiplied there to such a degree, from about the year 1522 to 1530, as from their devastation in the country to cause an apprehension of famine. Human remedies having appeared insufficient, the ecclesiastical judge of the diocese was petitioned to excommunicate them. But the sentence about to be hurled against them by the spiritual thunder was not considered likely to be sufficiently efficacious, without regular proceedings were instituted against the devoted objects of destruction.

In consequence, the proctor lodged a formal complaint against the rats. The judge ordered that they should be summoned to appear before him. The period having expired without their having presented themselves, the proctor obtained a first judgment by default against them, and demanded that the definite judgment should be proceeded to, (as at that time several judgments were necessary for the decisive condemnation of a delinquent).

The judge deeming it but fair that the accused should be defended, officially named Chassanée to be their advocate. He, knowing the discredit in which his singular clients were held, availed himself of many dilatory exceptions, in order to give time for prejudices to subside.

He, at first, maintained, that the rats being dispersed amongst a great number of villages, a single summons was not sufficient to warn them all. He therefore demanded, and it was ordered, that a second notification should be given to them by the clergyman of each parish at the time of his sermon.

At the expiration of the considerable delay occasioned by this exception, he made an excuse for the new default of his parties, by dwelling on the length and difficulty

of the journey; on the danger they were exposed to from the cats, their mortal enemies, who would lay in wait for them in all directions, &c.

When these evasive means were exhausted, he rested his defence upon considerations of humanity and policy. "Was there any thing more unjust than those general proscriptions levelled at whole families, which punished the child for the guilt of the parents, which involved, without distinction, those of tender years, and even those whose incapacity equally renders them incapable of crime," &c. &c.

We are not informed what award was decreed by the judge. De Thon only observes, that Chassanée's reputation commenced from this cause, and that he afterwards rose to the chief office of the magistracy.

It is added, that when the persecutions commenced against the Vaudois, one of their friends asked Chassanée why he dispensed with the usual judicial forms towards those unfortunate sectaries, when he had insisted on their scrupulous observance in favour of vile animals? This remark points out, he says, how the advocate became first president.

But the effect attributed to this remark, had raised our doubts concerning this recital of our great historian, which recital appears in some measure intended to counteract the unheard of severities used against the Vaudois.

Other reflections equally prejudice us against the following story, related by Nicholas Chorier, in his Histoire Generale du Dauphiné, tome 2, page 712.

"This year (says he, speaking of the year 1584) was remarkable by continual rains; there was an infinite number of caterpillars; the same causes of corruption were renewed in 1585. Extraordinary measures were taken against these insects, which became extremely multiplied. The walls, the windows, and the chimneys of the houses, were covered with them, even in the towns; it was a lively and hideous representation of the plague of Egypt by locusts. The grand vicar of Valence caused the caterpillars to be cited to appear before him, and ordered an attorney to defend them. The cause

was solemnly pleaded, and he condemned them to depart from the diocese. But they did not obey: human laws have no control over the instruments of divine justice. It was then deliberated and agreed upon to proceed against these animals by means of anathema, and by imprecation, and, as it is said, by malediction and excommunication. But two lawyers and two divines having been consulted, the grand vicar was induced to change his intentions, so that abjuration, prayers, and sprinkling with holy water, were only had recourse to. The life of the caterpillar is short; and these devotions, having lasted during several months, were supposed to have had the miraculous effect of exterminating them!"

The satirical observations with which Chorier has ornamented his story had again increased our scepticism, and the more so, as neither he nor De Thon were contemporary with the authors of these anecdotes, and they have not indicated precisely the sources whence they have received them but the following additional authorities have removed all our doubts, and have compelled us to acknowledge the reality of these proceedings, which we had previously deemed to be incredible. 1st, Gui Pape relates, that going to Chalons (this must have occurred in the middle of the 15th century), to present his homage to the king, he saw upon a gibbet a pig which had been hanged for having killed a child. See id. quest. 238, edit. 1667, in folio.

2d, On the 22d of September, 1543, at an assembly held by the principal council of the city of Grenoble, one of the members represented, that the slugs and the caterpillars did dreadful mischief. He concluded by demanding "that they should petition the ecclesiastical judge to excommunicate the said beasts, and to proceed against them by means of restriction, to obviate the damage they daily committed, or would occasion in future," and the council decreed in conformity to this demand. See the manuscript registers of that council for the same year, folio 179, in the archives of the city.

Lastly, we have found a work, and what is most singular, a work published in the middle of the 17th cen

tury, in which is treated, ex-professo, and with minute detail, the subject of law-suits to be instituted against animals. The author, Gaspard Bailey, advocate of the senate of Savoy, carries the point to the great exactness of giving examples of the reciprocal pleadings that may be made by the plaintiff inhabitants, and by the advocates named to defend the accused animals, of the conclusions of the proctor, and of the judge's sentence, &c. &c. See his Treatise " des Monitoires," (Lyon, 1668, 4to. in the public library at Grenoble, No. 6,522) at the article de l'Excellence des Monitoires, page 27, &c.

What should prevent us, possessed as we are of these precedents, from adopting a similar system? Would it not destroy the cruelty with which we are justly charged towards the brutes, by rendering every punishment the result of impartial investigation and judicial decision? And, above all, would it not greatly benefit society, by furnishing employment for that numerous and valuable body of legal advocates who are so mainly instrumental in removing the root of all evil from their clients, teaching patience by the length of a Chancery suit, and curing troublesome and turbulent dispositions by the never-failing length of their bills?

BENJAMIN BRIEFLESS,

Barrister at Law.

From an attic apartment in Palace-yard, taken for the benefit of my health and studies.

OLD AGE.

"Old age, neglected, and in corners thrown."-SHAKSPEARE.

a good old

Ir is one of the weaknesses of our nature to dread an early dissolution. The desire of reaching age" is an universal feeling. Those who die young are regretted and pitied, because they were young; and the