Obrazy na stronie

from their knowledge of law, as from their habit of he has a house, or land, or something connected with regarding both sides of a question. The help of a land, in one of these four modes. If he holds a lawyer is wanted by a testator, not so much to put house or land for a term of years only, or at the his wishes into legal language, as to make him fix will of his landlord, he is not a freeholder, and his and define what his wishes really are.

property in the house or land is not real property. Instances without end of this obscurity may be The real property in the house or land belongs to the found in opening the books of reports. A man gives landlord; and the tenant has merely a right of 30001, for the benefit of “his poor relations." Can occupation for a certain period, which the law regards any thing be more vague? What relations does he as personal property. mean? how near must they be to him? for all Thus, if a farmer is about to make his Will, and persons living are relations to each other, as descend- wishes to dispose of his farm, he must consider ants from Adam. Again, what is to be the measure whether it belongs to him absolutely, or whether he of their poverty. An income which is riches to one has it on a lease for lives, or on a lease for years, or man, is poverty to another. Who is to be the judge? at will. If he has it absolutely, or on a lease for No doubt, all this man's relations thought them lives, it is real property: if for years, or at will, per. selves poor enough to be entitled to some share of sonal property only. the legacy.

It is plain that, for one person who is the owner Take another case. A testator gives a legacy to of any real property, there are hundreds who have “his brother Lancelot's family." Lancelot was personal property belonging to them. There is scarcely living at the testator's death, with a wife and eight any one, however poor, who has not some personal children. To whom was this legacy payable : to property to dispose of, while the owners of freehold Lancelot himself, to his wife, or to his children? yr lands and houses are few in comparison, and those was it to be divided among them all? or was Lancelot generally of the richer sort. For this reason, and to have the interest for his life, and was the principal because Wills of real property are much more difficult to be divided after his death? In both these cases, to frame, and require much more knowledge of law, it was not the testator's ignorance of law that caused than Wills of personal property, we shall confine the difficulty, it was his want of common sense. ourselves entirely to the latter sort of Wills, and shall

Our object, however, in these remarks, is not to not venture to give any instructions for the dispofrighten our readers from making their own Wills, sition of real property, beyond one remark, which we but to point out the difficulties they have to contend cannot forbear making, because the wishes of testators with, and to persuade them not to underrate those have been so often frustrated by their ignorance of a difficulties. We also hope to give some few short very simple point. rules for the composition of Wills, which may be of If you bequeath a ring, or a sum of money, or assistance, not only to the parties themselves, but to any personal property, to A. B. without saying any those, who, acting as advisers in other capacities, are thing more, A. B. will take your legacy absolutely often called upon by a dying man to assist him in and for ever, and may do with it what he pleases, as the disposition of his property. We allude to you no doubt intended he should. If you intended Clergymen and Medical men; both of whom, but the otherwise, you would most likely have said, "I give former especially, are often applied to by the humbler it to A. B. to be enjoyed during his life, and afterwards sort of those they visit for assistance of this nature; to go to C. D.” Here, therefore, the law agrees with and who have often expressed their regret at feeling the common sense of testators. themselves, in spite of their superior education, But if you bequeath a freehold house, or farm, or hardly better qualified for the task than those who any real property, to A. B., without saying any thing apply to them.

more, A. B. will take this bequest only for his life, We do not pretend to prescribe in difficult cases: and not absolutely; and, at his death, the house or those who are nice about the disposition of their farm will not pass by his Will, or go to his children property must send for their attorney, or risk the or heirs, but will come back to the person who then consequences : we cannot do more than suggest hints happens to be your

heir. Here the law often for framing bequests of a simple nature, such as disappoints the common sense of testators; and, if alone a testator ought to trust himself to make therefore you wish the house or farm to go to A. B. without professional advice.

absolutely, in the same manner as the ring, or the

money, you must bequeath it “ to A. B. and his heirs." § 2. ON THE DIFFERENCE BETWEEN REAL AND This is all we shall allow ourselves to say about PERSONAL PROPERTY.

real property; and whatever future papers may appear Our first step must be, to give our readers some on this subjeet, must be understood to apply to Wills idea of the difference between real and personal pro- of personal property alone.

W. perty: for Wills differ very much, both in the forms

[To be continued.) they must undergo, and the meaning which will be put on their language, according as they relate to the one or the other of these two sorts of property. It is the best and longest lesson, to learn how to die; and

All property which can be enjoyed by mankind, of surest use: which alone if we take not out, it were falls under one of these two classes: it is either real better not to have lived. Oh vain studies of men, how to property, or personal property. Land, and every thing walk through Rome streets all day in the shade; how to connected with or issuing out of land, as houses, square circles, how to correct mis-written copies, to fetch lakes, canals, fisheries, rents, rights of way, rights of up old words from forgetfulness, and a thousand other like common, &c., &c., form real property: every thing is neglected.—Bisop HALL.

points of idle skill; whilst the main care of life and death else imaginable is personal property. And even land, and the things connected with it, are real property When we think of death, a thousand sins, which we hare only to those who have a freehold interest in it: that trode as worms beneath our feet, rise up against us flaming is, only to those to whom it belongs for their lives, or serpents. ---Sir WALTER Scott, for the lives of others, or to descend to their children, or to descend to all their heirs however remote. When We are too apt to misjudge the dispensations of Providence, you hear of a man being a freeholder, it means that when we wish them with our own wishes,-SKELTON,

NOTES FROM A TRAVELLER'S SCRAP BOOK. partook, indeed, of the magical; not a minute before, we No. I. A Night AT ST. BERNARD's.

were cheerless, half frozen, miserable, destitute travellers,

making our painful way to an unknown asylum, through It was early in August, and it may have been rather too

fields of snow and among mountains of ice. Now we late in the day, when I stept out of the Eagle Inn at stood in a spacious hall, lighted up to its most distant corners Martigny, in full expectation of reaching, long ere the sun by a magnificent fire, pile upon pile of wood crackling and went down, the far-famed Hospice of the Great St. Bernard. flaming, and betokening from its ample hearth the kind, To see this celebrated spot, or rather, to see and to fondle

and abounding, and considerate hospitality that prevailed the celebrated Dogs*, had been a long-cherished hope, in this noble institution. A table of ample dimensions was to which a thousand romantic ideas were attached.

prepared for a liberal meal; glasses glittered over its whole The distance from Martigny to the Great St. Bernard is surface; thirty or forty bottles of wine stood by the side of about thirty miles. We had not advanced far in the deep

as many plates, and about a score of English gentlemen ravine between the terraced rocks, through which the road

rose from their seats to congratulate us on our safe arrival, lies, before the sun had made it little better than a furnace; and to announce that now we had arrived, the supper would I felt a lassitude, weariness, and thirst, at first distressing, be served. then agonizing; at the sight of every fresh spring, which

Upon this we retired to our several sleeping apartments, ever and anon crossed our path, hastening downwards into

to which the monks themselves conducted us, to make the foaming Dranee beneath, I took out my folded leather such preparation as a few minutes would permit. Here, three-cornered cup, and drank heartily.

again, was new matter for astonishment. In the apartment This was perceived by the Guide, who cautioned me

we were to occupy was a flaming wood-fire, abundance of that all the springs on this eastern side of the defile were

hot water, a regular English four-post full-sized bedstead, strongly impregnated with lead, and that if I continued to with scarlet moreen hangings, a capital feather-bed, and drink of them, I should never reach the Hospice alive. every other comfort that we could desire in our own bed. With my parched lips and throat, to be told not to drink, room at our own English dwelling. I was literally when, such was the roar of the torrent on all sides, I astounded; wherever we turned, we saw around us in this could scarcely hear the guide speak, seemed nonsense, and I house, placed as it is among eternal snows in the loftiest observed, that, as there was no poison in the glacier torrent | Alps, comforts, nay, luxuries, literally English, which we of the Drance, which was tumbling and foaming and had not met with even in the first-rate hotels of Paris, or thundering along its rocky bed, surely I might drink of in the well-furnished hotels of the German cities. that stream without danger? To this he assented, remark

When we rejoined the party, we found a multitude of hot ing that it was one of the few glacier torrents of which it dishes smoking on the table, and our appearance was the was safe to drink; but he knew at the same time that, signal for each to be seated. I appeal to all who have from the depth of its channel, it would be next to impossible supped at the Grand St. Bernard, whether they ever met for me to get sufficiently near to drink of it. The road, till noon, ran along that side of the ravine with at this hospitable board. There was great variety;

with a better selected variety of viands, than they met which exposed us to the full glare of the morning sun; dishes suited to every taste, to every conscience ; meats and after noon, it took a turn over the torrent, and, conse- vegetables in abundance; but no ostentation, no proquently, so long as there was any sun shining, we had it. fusion ; enough and to spare appeared to be the rule of Another inconvenience was, that the road was one con the house. tinued ascent, becoming sensibly steeper at every quarter of a mile, till even the larches disappear, a certain sign of abundance in due season, and to preserve and husband it in

Much care and foresight are required to provide all this the height in the mountain pass to which we had attained. such a wilderness as that in which the Hospice is placed. We were still six miles from the Hospice; six miles of The whole of the necessaries and the luxuries of life which steep and rugged road, amidst huge fragments of rocks

were spread before us; the wood for the fires; the fodder scattered on all sides in the little plains among which the for the cattle; weighty articles and bulky; are all brought road winds its way. Here vegetation entirely ceases; on on the backs of mules, from distant vallies and the still all sides is desolation and a desert. If a plant happens to

more distant plains Italy. take root during the few sunny days that shine out upon I have travelled far and wide on the Continent, and have this land of fogs, the avalanches, the frost-riven rocks eaten fruit in every city, and in most of the towns of Italy; that are incessantly falling from the heights, dislodge from at Florence, Lucca, Pisa, Genoa, and Naples, and can its temporary bed every thing that grows, and carry it down safely say, that never on the Continent did I eat peaches, to the depths of the dell, where it is again covered in and nectarines, and grapes, superior in flavour to those another year by new wrecks and ruins.

of which I that night partook at the Hospice of St. The sight of all this ruin, together with the rapidly- Bernard, nor did I ever meet with a person more desirous increasing coldness of the air, and the certainty that for to please, or more affable and intelligent, than the indithe six remaining miles not even a log-hut would be met vidual - to whom the care of strangers was at that time with, urged me to renewed efforts, especially when I con- intrusted. About half-past ten o'clock, we retired to sidered what my chief companion might endure in mind

our several rooms. The fatigues of the day had preand body, if we were overtaken by night amidst such fear-pared me fully to enjoy the clean and excellent bed which ful and desolate scenery. Having wrapped her well round

was provided for me. In the morning, the fire was with an ample dreadnought travelling-cloak, I roused my- burning bright in my room, and I felt that the keen self to renewed exertions by my endeavours to cheer her.

mountain air had given me a good appetite. A noble At length the sun set; when that disappeared, night breakfast was ready in the cheerful hall where we had presently followed, and darkness began to gather very supped the previous evening. gloomily around us. Fortunately, however, our road now

Breakfast being ended, our intelligent friend led the lay no longer altogether among the black and gloomy way to a cabinet of Roman coins and antiquities, found rocks, but among masses and fields of white and glistening in the ruins of a small temple that once stood near this snow. After a few minutes' silence, the voice of the guide spot; from whence we repaired to the site of the temple was heard ;—“ Cheer up,” he said, “turn one corner more, itself. No sooner, however, had we fairly passed through and then the Hospice." "Onward we went, with right merry the front door, than we were enveloped in clouds: a fog we hearts, and, turning the snow-covered rock, immediately in called it, but such a fog! We could distinguish no object front of us appeared the building, dimly seen, but apparently, whatever at four yards distance. Upon turning a sharp of vast dimensions ; lights appearing in various windows of rock, which lay at right angles to our path, we disturberi, its extensive front. Before we reached the building, several and almost trod upon, a noble eagle; up he sprung, with a figures, bearing lights, issued from the front entrance, and whiz and a scream; before we recovered from our surthe noble dogs, coming up quietly and gently to our sides, prise, he had cleaved through the clouds, and was perhaps wagged their tails and brushed our sides, giving us, in soaring with expanded wing in the full light of the glorious their way, a hearty welcome.

We proceeded to the ruins, but previous visiters had By this time we were surrounded by the Monks them- already carried off almost every morsel of brick and marble selves, and most kindly welcomed. They led us to the door, that had ever belonged to them. aided the party in dismounting, and ushered us into a noble

Returning to the Hospice, we visited the chapel, in hall, where, shivering, weary, hungry, and exhausted, as search of the alms-box, and as we had been treated like we all were, every thing for our comfort was immediately princes, I do hope, that none of us acted like beggars, or spread before us. The sudden contrast of the last minute dropped into the box a less sum than was due to the * See Saturday Magazine, Vol. II., p. 177,

hospitality with which we had been treated. There was,


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however, no one in the chapel but ourselves; we might,, tain in the snow-storms. Yet will these animals track their therefore, have left it without giving a sou, or the Hospice way with sagacity and certainty, under the most trying diffi altogether, without entering the chapel, or making the culties. Mountains may fall, as they did on this occasion, slightest acknowledgement.

or a sudden change of wind raise in an instant whirlwinds But here were no servants to fee, no bills to pay; the of snow, or hurl down an avalanche, and the faithful guides accommodation and fare inferior in nothing to those sup- may themselves be overwhelmed with destruction; but these plied by the first hotels in Europe, such as to leave are casualties, and it is surprising that the dogs escape as nothing to be asked for; and all this accompanied with they do, since they are every day engaged in the same peril the most polite attention, and the least possible appearance ous work;-treading ravines, and passing under overhanging of providing. Such are the arrangements at the justly- masses of snow, where no foot but their own durst venture famed . Hospice of the Great St. Bernard, and such is the within perhaps a mile of the spot, and where one single willing testimony that a grateful traveller pays, for the bark would bring down mountain-masses to their certain kindness he once there received.

destruction. But I have tarried long on this mountain-pass, and must On the previous evening, we had not observed a small prepare to descend from it, not, however, without taking low stone building, about a mile below the summit of the leave, and again caressing our four-footed favourites. One, pass. On our return, seeing a large window open, but who had of himself saved several lives, was especially strongly grated, I looked in, and saw lying on the floor, pointed out as invaluable, from his superior sagacity and extended at full length, three dead bodies. One, the courage. Immense were the obligations that travellers owed freshest of the three, had been laying there about nine to this noble animal, and wonderful and pleasing were months; he was an Italian, apparently a muleteer, and as the anecdotes recorded of him. His three companions had that is rather a swarthy tribe, I could perceive no difference also their meed of praise; but they were younger, and had in the complexion between the dead specimen and the not seen so much service.

living race. The others were darker still; they had been After long delay, and much petting and patting and lying there, one of them two, the other nearly three years; caressing, we at length took final leave of these powerful, the clothes of this last were fast falling to decay; the skin sagacious, gentle, and interesting dogs; their subsequent of his face, and the apparent hardness of his muscles, fate is melancholy. Within four months from the day we reminded me of old tanned ox hide, for the sole of shoes, parted from them, they were carried down into the deepest stamped or punched out so as to resemble human features. depths of an awful ravine, and buried many hundred feet The features of all were discernible, and I should judge deep, by an unlooked-for and desolating snow avalanche, distinctly recognisable, more especially those of the Italian. which was set in motion by a drift wind. One of them, These bodies had been discovered by the dogs under the which had not advanced so far in the defile as the rest, snow, and not having been inquired for, and being unknown, wag saved; the others were never again seen nor heard they were laid out to be claimed, clressed precisely as when of. Scarcely any occurrence could have created greater found. So great is the degree of cold in these high regions, consternation at the Hospice than this melancholy event; that bodies placed here never decay. In time they dry up it was in some respects irreparable, for such at the time like mummies, but that is the only change they undergo; was the dangerous state of the passes, that it was impos- here, however, they remain, till they can no longer be sible to call in their two or three remaining dogs from recognised by their features or their clothes, and if not Martigny and Sion. Even when they arrived, considerable then claimed they are buried.

E. D. R. time must elapse before their sagacity could be sufficiently exercised to enable them to track tlie footsteps of man be

LONDON: neath the snow, which, falling for days and weeks together, obliterated every path.

JOHN WILLIAM PARKER, WEST STRAND. As easy would it be to steer a ship through the densest PUBLISHED IN WEEKLY NUMBErs, prick One PENNY, AND IN MONTHLY PARTS, fogs, with neither sun, moon, nor stars visible for weeks

PRICE SIXPENCE, AND together, as for any one to find their way across this moun Sold by all Booksellers and Newsvenders in the Kingdom.'




NO 120.





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may be worth stating here, that round the mummy The ancient Egyptians had made considerable pro- of Horsiesi, supposed to be upwards of three gress in several manufactures, to a degree which is thousand years old, which was lately opened, and really surprising. Their linen manufacture had a now lies at the College of Surgeons, were found perfection equal to our own; for in many of their pieces of linen of seven different degrees of texture; painted figures we find the garments represented quite varying from that of sail-cloth to muslin; and in transparent; and among the foldings of the mum- colour, from a deep brown to a pale delicate yellow : mies, Belzoni observed cloth as fine as our common some of the pieces bore evident marks of having muslin, very strong, and of an even texture*. It been anciently darned. The weight of the linen alone

amounted to thirty-one pounds. Mr. Basil Montagu, in his Thoughts on Laughter, states the case

The Egyptians of a party, against whom an action was brought in 1821, for infring-had also the art of tanning leather, and staining it ing a patent, defending himself in the following remarkable manner. with various colours, as we do morocco; and they The question was, whether the plantiff's mode of weaving canvass was' new or not. A witness declared, that it was known and

knew the method of embossing it. They were skilful practised more than two thousand years ago! And he proved his in making glass, some of which was of a beautiful words by referring to the cere-cloth of an Egyptian mummy of black. Pliny proves from this, that glass-making acknowledged antiquity. The anecdote is given more fully in the Saturday Magazine, Vol. I. p. 223.

was very anciently practised. Besides enamelling, VOL. IV.


the art of gilding was in great perfection among Jacob, we are to understand him as meaning the them and they could beat gold nearly as thin as forty days of his continuing in the salt of mitre, it is done in the present day. They knew, also, how without including the thirty days passed in performto cast bronze and copper, and to form the latter ing the above-mentioned ceremonies; so that, in the into sheets; and they had a metallic composition not whole, they mourned seventy days in Egypt, accordunlike our lead. Carved works were very common; ing to the words of Moses. and the art of varnishing, and baking the varnish on It is always valuable and interesting to perceive clay, was so complete, that travellers have doubted ancient customs, as handed down by general histowhether it could be successfully imitated at present. rians, illustrating the inspired records of Holy Writ. They also possessed skill in painting, and in the The passages alluded to are curious, and obviously blending of colours, some of which, on the walls of refer to the point before us: And Joseph commanded his the temples and the lids of the mummy-cases, have servants the physicians, to embalm his father : and the a brilliancy and apparent freshness, which betoken physicians embalmed Israel. And forty days were fulno small skill in their composition.

filled for him; for so are fulfilled the days of those Indeed, the more we read and reflect on the works which are embalmed; and the Egyptians mourned for him of the early Egyptians, the more we are astonished. threescore and ten days.GEN. L. 2, 3. And again, Among the ancient tombs, M. Champollion found at verse 26, So Joseph died, being an hundred and ten several highly-interesting drawings, supplying par- years old; and they embalmed him, and he was put in a ticulars of the progress of this extraordinary people coffin in Egypt. in the different professions, arts, and manufactures, After swathing the body in fine lawn bandages, of the modes they pursued in agriculture, in building; glued together with a thin but powerful gum, they in trades, in military affairs, singing, music, and spread over it the richest perfumes. The precious dancing; in the rearing of their cattle; in portrait-trust was afterwards returned into the hands of the painting; in games, and exercises; in the admini- relations, so entirely preserved, that not only the figure stration of justice, and household economy; in and the lineaments of the face appeared unchanged, historical and religious monuments; in navigation, but even the eye-brows and eye-lashes were not disand in zoology.

turbed. Thus some of the Egyptians kept the bodies

of their ancestors in their houses, in open čases, or MUMMIES, AND EMBALMING.

with glass before them, “not thinking it right that the When any person died, says Diodorus, the whole of features of their dead relations should be unknown his family, and all his friends, quitted their usual or forgotten by their own kindred.” For the prevahabits, and put on mourning, abstaining, during the lence of this strange custom at a certain period, period of lamentation, from the bath, and from the there is the authority of Diodorus, who wrote about use of wine and other luxuries. They seem to have fifty years before the Christian æra: and Lucian had a notion, that the time would come when the (A. D. 150) mentions his having been present when soul would be re-united to the body on earth, and so mummies were placed on seats at table, as if they they endeavoured to preserve the mortal frame as a had been alive. It is fair to conclude, however, fit residence' for its future guest. The expe of the that the bodies, instead of remaining, in this way, funerals was regulated by three different scales, above-ground, were generally swathed round in which made them costly, moderate, or cheap. £250 folds of cere-cloth, strongly saturated with asphalsterling, it is supposed, would pay for the best style tum, or a bituminous pitch; that they were then of embalming a body; the second charge about deposited in a chest or coflin, according to the rank £6); and for the third method a trifling sum was or wealth of the party, and consigned to the silent demanded. Thus the various classes of people may tomb. generally be distinguished by the mode of their There is a considerable difference in the appearance preservation.

of the various cases or coffins which contain mumAmong the Egyptians were a set of persons, who, mies. These were usually made of sycamore, unlike like our undertakers, took upon themselves the our sycamore ; some of the large cases contain others whole service of the funeral for a stipulated amount within them, either of wood or painted plaster. Proper officers were then employed to perform their | The inner cases are sometimes fitted to the body, respective parts. The duty of the first was to mark others are only covers to the body. Many of the out how the dissection was to be made in the left outer cases are plain, others slightly ornamented, flank for the purpose of embalming: this was exe- and some literally covered with well-painted figures. cuted by another officer with a sharp Ethiopian stone; of the latter description is that represented to the and the task, as seeming to imply disrespect and left of the reader in the Engraving in page 153 of cruelty towards the dead, was so hateful and degrading, this Volume. The original, which may be seen in the as to oblige the dissector instantly to fly, as if he British Museum, (Eighth Room, Case 3,) was found had committed a crime, those about pursuing and by some Arabs in one of the fields of the dead at assailing him with stones:-- a superstitious practice, Sakara, near Cairo, and sent to England by Captain by which they probably thought to compound with Lethieullier in 1722. The inscription, when read their consciences for an act considered sinful in according to the principles of Dr. Young and Chamitself.

pollion, tells us, that the person whose body it At the disappearance of the dissector, the embalmers originally contained, was named Arouni, or Arouini, came forward. They were a kind of caste, hereditary the son of Sarsares, or Sarasaris; for as there are n Egypt, were held in high respect, looked upon as no vowels in the middle of the words, the names. sacred, and permitted to have access to the temples, cannot be determined with perfect exactness. Ile and to associate with the priests. They removed appears to have been of royal blood: for the inscripfrom the body of the deceased the parts most tion in the centre, begins with the words, “ Royal susceptible of decay, washing the rest with palm wina Devotions to Phtah-Sokari,” like the Papyrus of ihe and filling it with myrrh, cinnamon, and various Bubastite Princes, given in Champollion's Precis, sorts of spices. After this the body was put into pl. xv. The mummy with the gilt face, which is salt for about forty days. When Moses, therefore, in the adjoining case, No. 2, appears not to have says that forty days were employed in embalming originally belonged to this collin, althongh it was

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