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been warmed in the first instance with admiration of the Highland character, by perusing the poems of Ossian, which so highly exalt the female sex which exhibit such exquisite sensibility towards their native charms, and render every passion in human nature subservient to the fine emotions of virtuous love; and from all I could learn, I believe that those poems are more generally read and admired on the Continent than in England.

Just as we had finished breakfast, a Barouche drove to the Inn, containing an English party bound for the field of battle; and most agreeably surprised was I by the sight of two old friends in this party, to whom I could truly apply the words of Horace on meeting his friends Virgil, Plotius, and Varius, at Sinuessa, in his Journey from Rome to Brundu

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"Anime quales neque candidiores Terra tulit, neque queis me sit devinctior [erunt!" O! qui complexus, et gaudia quanta fu"And how long since you left England "What news from home?" Quomodo valet carissima Conjux, carissimi liberi, fratres et sorores?" "And who would have thought of our meeting here?" with many such like questions all in a breath. My spirits were refreshed and elevated by this unexpected and delightful interview, which reminded me of the re

flexion suggested to Horace by the

above-mentioned occurrence, a reflection to which I subscribe with heart and hand:

"Nil ego contulerim jucundo sanus amico."

But how rare is the blessing, and how few are the exceptions to the Poet's pathetic complaint,

And what is Friendship but a name, A charm that lulls to sleep, A shade that follows wealth or fame, And leaves the wretch to weep! With this English reinforcement to our party, we paid another visit to the Church, and from thence we repaired to a Cottage close to it, to which the gallant Marquis of Angle sea (then Earl of Uxbridge) was conveyed upon receiving his wound, and where his leg was amputated. We were shewn the Boot which he wore on that leg when wounded. In a

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small flower-garden close to the cottage, we were shewn the spot where the limb was buried, and which has since, I doubt not, been visited by more Pilgrims than the shrines of all the Popish relics throughout Belgium. They talked, when I visited the spot, of planting a tree over the grave, which I understand has since been done, namely, a willow, besides a monument, with a suitable inscription. I proceeded with some of our party from Waterloo to the field of battle on foot. In walking through that long straggling village, I conversed, more or less, with almost every person I met, on the subject of the battle, and my curiosity was often highly gratified. We were surrounded in every part of our progress by men, women, and children, offering for sale a great variety of relics. I surveyed with much interest every object and scene between Waterloo and Mont St. Jean, that was connected with the operations of the British Army. After leaving the former village, the ground becomes elevated, and the forest of Soigny, which had kept retiring from the view at Waterloo, now began to surround us once more on the left to Joly Bois, and thence to the spot called Les Vieux Amis, where it receded again; and on our approach to Mont St. Jean, which seemed to be more than a mile beyond Waterloo, the field of battle appeared in full view. It was upon this little village that the rear of the left wing of the British Army rested during the whole day; and from thence appears, considerably to the right, the Church of Brainè la Leude, which was in the rear of the extremity of the right wing of our Army. The fair writer

of a visit to the Field of Waterloo

justly observes, that from the top of the steeple of this Church, the battle might have been seen more distinctly than from any other place. I apprehend few people would have been found hardy enough, who had no other concern in the battle than as spectators, to make choice of the top of this steeple, as their point of observation. On advancing from Mont St. Jean to the scene of action, my attention was soon arrested by an affecting sight, namely, the numerous graves that appeared in every direction. I withdrew from every one of the party to indulge my solitary me

ditations,

ditations on this melancholy scene. "What a sad spectacle," said I to myself, "is here!" as I stood upon an eminence commanding`a view of an immense numberof fresh-made graves. "Oh what a bitter renewal of grief and sorrow would the sight of these tombs occasion to thousands of mourning widows, mothers, sisters, and forlorn maidens in England! Come then, let me sympathize with you, ye af. flicted daughters of Britain, and let me bedew with my tears the graves of those whom ye loved. His saltem accumulem donis, et fungar inani munere! Now," said I to myself, “I am in the house of mourning, and is it not better to be in this house than in the house of feasting? Yes, verily, for I find, as I have often experienced, that thereby the heart is made better. Come then, let me meditate over the tombs that contain

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the remains of my gallant countrymen. Ah! how many kind and tender husbands, dutiful sons, and faithful lovers, who not many weeks ago were alive, healthy, and gay, are now sleeping in these graves; how many endearing ties of love and friendship were dissolved by the hand of Death in this field, in the course of one day! Rest in peace, ye brave defenders of your Country's cause. May the Father of mercies, and the God of all consolation, grant to your surviving friends and relatives those consola tions under their sad bereavement, which He alone can bestow! and when the last trumpet shall sound, and the dead shall be raised to life, O that ye might all rise, through the merits of Him who died for our sins, to the life immortal!" After spending nearly au hour in surveying the repositories of the dead, I began to survey the positions of the British and French Armies; but the description of them, as well as of the most interesting scenes of the battle, must form the subject of my next Letter.

I

CLERICUS LEICESTRIENSIS.
(To be continued.)

Mr. URBAN, June 11. SEND you a Copy of my Father's Epitaph, which was asked for in p. 33. It was written by himself, and placed on a marble monument (by Fisher of York) in St. Ma„ry's Church, Beverley. Yours, &c.

MARG. ROBINSON.

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Mr. URBAN,

MICH

Norfolk, May 17. ICHAEL having observed in p 253, upon the total disuse of the punishment of the Parish Stocks, and requested to be informed as to the law upon the subject; permit me to acquaint him, that it is said, every vill of common right is bound to provide a pair of Stocks, and is indictable in default thereof, and shall forfeit five pounds. A constable by the common law may confine offenders in the stocks by way of security, but not by way of punishment. There are se veral offences, under different Acts of Parliament, whereby a Magistrate is empowered, on non-payment of the penalty, to commit an offender to the stocks, such as those for tippling drunkenness, and the profanation of the Sabbath. Persons embezzling silk, to whom it is entrusted to manufacture, and soldiers or sailors convicted of cursing or swearing, with many others of a like nature, are subjected to the punishment of the stocks, I strongly agree with your Correspond ent Michael, that, were this punishment more often inflicted, it would be the means of decreasing number. less instances of juvenile depravity; but let me add, as this punishment, so frequently mentioned in our Sta tutes, is perfectly impossible to be enforced in the Metropolis, and other places where there are no stocks, what means are to be used for the purpose of enforcing the fine upon the offenders in such cases?

SAMUEL HAWTHORN.

Mr.

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Bourchier Wrey, bart. (see Plate I.)

The river Taw winds along a fertile valley South of Barnstaple, with cultivated hills on either side, various in shape and rich cloathing. We rode on the opposite bank to Sir Bourchier's seat, from whence it appeared to a proper advantage; the hills grow bolder as you approach his neigh bourhood, which gives it an importance. His house is a new white building, somewhat Gothic, though it is too modern to come rightly under that title; and there is a grateful neatness in the style of it. Its situation is facing the East, nearly upon the top of pleasant rising lawns between two hills which seem proudly to swell and bespeak a consequence. The plantations, which have been bestowed with a liberal hand by Sir B.'s father and ancestors in early days (and broken into such irregularities by Sir B. as to make you forget that Art had given assistance) thrive in a style of elegant luxuriance; and on the left, i. e. Southerly, seem gracefully bending towards the vale, on the top of which the house stands, and continue a sweep round the base of it, extending in serpentine directions for near a couple of miles, and enrich the coach-road on that side of the house, which is finely enlivened by the river; this is spacious and rapid, rolling as in meandering sweeps over, every here and there, a wier, which gives a solemo and grateful murmur. The right-hand hill is cloathed more towards the middle, sweeping over its summit irregularly to the main vale, the river winding around its bottom until it surrounds and hides so much of a large set of buildings, which is the residence of a Clergyman, that you only see a small portion, the garden wall of which is of a cast that resembles a fort that is nearly on its level. I have therefore put a few battlements to it in my drawing which is intended to be adopted. The wood still proceeds up the sloping valley which rises to the house, where there is a handsome parish church, with a good tower with four neat pinnacles; and so judiciously is the plantation contrived, that the tower only is to be seen, which, as it lies di rectly under the house, is renderGENT. MAG. June, 1817.

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Mr. URBAN,
May 20..
called upon by one of your
BSERVING myself publicly

Correspondents (M. B. p. 328) to explain why a publication which was commenced in the year 1808 upon Paintings discovered at Stratford, upon-Avon in Warwickshire, has not yet been completed in the manner then proposed, I feel it to be a duty which I owe to the publick; to afford the required explanation:

The work in question, Mr. Urban, was undertaken at a period when the practical interpretation of the Copy-right Act, of the Sth year of Queen Anne, had, for exactly a century preceding, left authors and publishers at liberty to judge for themselves, how far the protection held out in that Act was desirable to them at the price they were called on to pay for it, viz. eleven copies*; and, according to the decision of their own judgments, it was optional with them, either to register their works under the provisions of this and a subsequent Act, and thus to sacrifice 11 copies; or to omit such registration, and leave their works open to piracy.

Estimating, from the character of my work, its probable circulation at a very small number, and considering the laborious manner in which every copy was to be finished in colours; convinced also of the impossibility of any profitable piracy under these circumstances (and I conceive nothing but the hope of profit will induce piracy), 1 resolved on executing an impression of only 120 copies of the Paintings at a polyautographic press; by the eventual sale of which impression, chiefly amongst students in

Only Nine previous to the Act of 54 Geo. III. EDIT.

Antiquity,

Antiquity, I expected to obtain a very small remuneration for my labour.

For the accomplishment of my design, I had obtained access to materials original and interesting, beyond the general run of topographical publications; and, in the confidence of success, I certainly did intimate a purpose of completing the work by the 1 addition of copper-plates and copious letter-press, thereby intending a memoir of the ancient Fraternity or Guild of Holy Cross at Stratfordupon Avon, at whose cost these Paint ings were executed, to be compiled from the authentic records of the Corporation.

But, unfortunately, while the materials for the Fourth Part were in a state of considerable progress, a question was brought under legal discussion, arising out of an unconditional claim made by one of eleven privileged Bodies, to receive from the proprietors of all works, without purchase, and without exception, one copy of every literary performance; even although it might not be deemed expedient by the Author to claim the protection of the Act of Queen Anne for the Copyright.

Mr. Brougham's arguments against this claim in the Court of King's Bench appeared to me at the time, and have ever since appeared to me, just and convincing; those of the opposite party had this obvious defect, that they led to a result prejudicial to that Literature which the Act of Queen Anne, in its preamble, expressly professed to befriend. A decision, however, was obtained, favourable to the claim; on the legal validity of which there could be no question, whatever doubts might exist as to its accuracy.

When, in consequence of this decision, it was deemed necessary by the Booksellers and Publishers to apply to Parliament for an alteration of the Law (then recently, after 100 years of uniform operation, explained to their prejudice, and to the prejudice of all possessors of literary property), I was one of, I believe, only two private persons, who, perceiving literary property to be very materially affected by the change, petitioned the Legislature against the Act. A copy of my Petition to Parliament I inclose, should you deem it worth preserving in your Magazine; from which it will appear that I only solicited the Legisla

ture, by adopting a certain Clause, to leave me at liberty to publish my works without being subject to the heary tax, and to take upon myself the risk of having my copyright invaded.

That this apparently reasonable re quest was not granted, is to me indeed a matter of regret as it respects my own property, greatly depreciated by the change; but much more do I con ceive it to be a matter of complaint to the British publick, as it respects the superior labours of other persons; for unquestionably England will suffer the loss of many valuable original scientific works, which might have been published in small impressions, had it not been for the operation of this Act of Queen Aune, under the decision of the Court of King's Bench: and of the further Act of the Session before the last, by which the ob noxious claims have been established. The Act of Anne, thus explained and applied, is oddly enough described to be an Act to encourage learned men to write useful books.

Under these altered circumstances, I conceive myself justified in declin ing either to involve myself in the predicament of attempting to evade the Law, which is repugnant to my feelings-or of submitting to an unreasonable loss of property, which I have a right to avoid,-or, as a remaining alternative, to involve myself in legal disputes with powerful and wealthy Bodies, who, with ample funds, and a host of legal retainers, have, by an extraordinary plea of poverty, obtained the sanction of the Legislature to their claim.

To the yet unpublished Plates of my Stratford-upon-Avon the Subscribers will be welcome, as soon as I can put them together; and I am not yet so far advanced in life but that I entertain a hope of being enabled to complete my original design, when the Legislature shall have per ceived, as it unquestionably must in a very few years perceive, the preju dicial consequences to Literature and Science, of the Law as it now stands.

Yours, &c.

T. FISHER.

PETITION PRESENTED IN 1814 to the Ho

nourable the Commons of the United Kingdom of Great Britain and Ire

land in Parliament assembled.

The Humble Petition of THOMAS FISHER

Shewetb,

That your Petitioner, in the year 1804, while travelling in the County of War

wick,

wick, made drawings of some specimens architectural or genealogical antiquities of this country.

of the art of painting in England, which he deemed especially curious, as having been executed in an age, of which, according to the opinion of Lord Orford, an eminent writer upon the history of Painting, no specimens of the art existed.

That your Petitioner soon after his return proposed to publish his afore said drawings, accompanied by letterpress descriptions and explanations.

That for this purpose your Petitioner having with his best judgment estimated the probable number of purchasers at 120, and the claims of the Public Bodies at that time lying dormant, did execute 120 copies of each painting at the polyautographic press of M. Volweiler, not reserving to himself (as it is universally known he could not in that mode of printing) the means of adding one to his previously determined number of 120; and that he cannot now increase his number, without, at an enormous expense, engraving upon copper all the paintings.

That your Petitioner, with a view to greater accuracy, has with incredible labour coloured up nearly the whole impression of the abovementioned polyautographic prints of paintings with his own hands.

That your Petitioner has added to the abovementioned paintings various historical evidences in fac simile, engraved upon copper; and that his work, containing 60 plates, is nearly completed, excepting only the letter-press.

That your Petitioner's impression of ⚫ 120 copies has been for the greater part disposed of, as it was published in parts, to subscribers; and that of the large paper copies, all but three have been so disposed of.

That compliance with the claims of the Public Bodies, under the Act of the 8th year of Queen Anne, is therefore evidently, with respect to the above work, become impracticable.

That, were it otherwise, your Petitioner conceives the value of the eleven large paper copies required would be to him not less than one hundred and thirty-six guineas, being one seventh part of his whole property and labour employed therein; and that this sum would exceed the amount of any profits he might hope to obtain as a final compensation for his labours.

most

Your Petitioner furthermore humbly sheweth, that he has employed his time, together with his private and personal pecuniary resources, during twenty years last past, in travelling into different parts of Britain, for the purpose of making drawings of the inedited

That your Petitioner's drawings do, as nearly as he can estimate them, amount to upwards of 5000.

That your Petitioner has formed the design of publishing these drawings also, and has nearly executed the first part, namely, those relating to the County of Bedford, under the title of "Collections for the County of Bedford," comprehending 64 plates, with descriptive letter-press.

That your Petitioner is convinced, both from his own observation and the judgment of persons conversant with such works, that the letter-press descriptions are a necessary constituent part of all such works.

That your Petitioner having also ascertained, to his own entire conviction, that the demand for such works, even when accompanied by letter-press, is extremely limited, and in a great degree local, has printed only 100 copies of his Collections for Bedford, of which he has sold half, and is yet many pounds in advance upon this adventure.

Your Petitioner therefore estimates that the whole of the unsold moiety will be worth to him four guineas and a half for each copy; and that the total value to him of the eleven copies, which in the event of his completing his work by the addition of letter-press he will be required to give away, will be one ninth part of the property adventured by him, or 51l. 19s. 6d.

That your Petitioner conceiving it to be a duty which he owes to himself, to deprecate by all just means such loss and injury to his private property as the forfeiture of one seventh or one ninth part (not of profits, for none yet exist) but of a capital advanced by him with a view to the promotion of Science; and considering the impossibility of recalling and giving away to the claimants under the Statute of the 8th of Queen Anne, those large-paper copies which he has already sold to subscribers, feels that in the event of the pretensions of the Public Bodies (unhappily for Science) obtaining an unconditional confirmation, he can have no alternative but, in both cases, to suppress his letter-press, not yet published, but which he has prepared with equal labour and research; and thus, to leave both his works unfinished, and to desist from all further attempts to give his valuable and extensive collection of original drawings to the world.

Your Petitioner can moreover state from his own personal knowledge, that one of the Libraries (the Bodleian) claiming a copy under the abovemen

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