The end of a barn being taken away, a dark hole appeared, hung with tapestry the wrong side outwards; a curtain running along, and dividing the middle. On this stage the Creation was performed. A stupid-looking Capuchin personated the Creator. He entered in a large full-bottomed wig, with a false beard, wearing over the rusty dress of his order a brocade morning-gown, the lining, of light blue silk being rendered visible occasionally by the pride the wearer took in shewing it; and he eyed his slippers with the same satisfaction. He first came on, making his way through the tapestry, groping about, and purposely running his head against posts, exclaiming, with a sort of peevish authority, Let there be light,' at the same time pushing the tapestry right and left, and disclosing a glimmer through linen cloths from candles placed behind them The creation of the sea was represented by the pouring of water along the stage; and the making of dry land by the throwing of mould. Angels were personated by girls and young priests, habited in dresses (hired from a masquerade shop), to which the wings of

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geese were clumsily attached, near the shoulders. The angels actively assisted the character in the flowered dressing-gown, in producing the stars, moon, and sun. To represent winged fowl, a number of cocks and hens were fluttered about; and for other living creatures, some cattle were driven on the stage, with a well-shod horse, and two pigs with rings in their noses. Soon after, Adam appeared. He was a clumsy fellow, in a strangely-shaped wig; and being closely clad with a sort of coarse stocking, looked quite as grotesque as in the worst of the old woodcuts, and something like Orson, but not so decent. He stalked about, wondering at every thing, and was followed from among the beasts by a large ugly mastiff, with a brass collar on. When he reclined to sleep, preparatory to the introduction of Eve, the mastiff lay down by him.

This occasioned some strife between the old man in brocade, Adam, and the dog, who refused to quit his post; nor would he move when the angels tried to whistle him off. The performance proceeded to the supposed extraction of the rib from the dog's master; which being brought forward and shewn to the audience, was carried back to be succeeded by Eve, who, in order to seem rising from Adam's side, was dragged up from behind his back, through an ill-concealed, and equally ill-contrived, trapdoor, by the performer in brocade. As he lifted her over, the dog, being trodden upon, frightened her by a sudden snap, so that she tumbled upon Adam. This obtained a hearty kick from a clumsy angel to the dog, who consoled himself by discovering the rib produced before, which, being a beef bone, he tried his teeth upon.

This performance, precisely similar in all respects to those long ago abolished here, actually took place at Bamberg within the last seventy years! Few will, we think, regret that such absurd and profane mummeries have passed away and been superseded by a more legitimate and intellectual drama.

THIS book is dedicated to the women of England, and professes to be a volume explanatory of woman's rights and woman's wrongs. It discusses the mighty subjects of "Maidenhood," "Matrimony," "Viduity," and leaves not untouched those interesting consequences of the second, and incumbrances of the third state. That the book upon infants should precede that upon marriage is, we humbly submit, an error of arrangement, very indecorous in so chivalrous a ladies' lawyer as Mr. Wharton. It may be questioned, also, whether our author's description of the marriage-tie, the subject of his third book, as "at once the most perilous, yet, IF SUCCESSFUL, the most righteous bond of humanity," shows so trusting and childlike a spirit of meekness, as knight-errant should be endowed with, and fair clients may look for at his hands. There is a certain observation, also, at page 202, "These suits are almost always promoted by the wife," which, although the subject-matter is too mysterious

for us to more particularly specify, will, we think, probably draw a deputation of ladies to Mr. Wharton's chambers to remonstrate, if not to scold. We certainly envy this gentleman the position he has climbed to. What veiled victims will ascend the staircase of 36 Lincoln'sInn Fields ('tis thence he dates his preface)! What tender confidences will be whispered to the horsehair of the Whartonian wig! How many "brutes of husbands" will our author be called upon to trounce! How many Ariadnes will come to complain of fugitive Theseuses! What rich widows will come to talk about three per-cents, and what our author calls their "fiduciary position!"

Perhaps we ought to treat this work more gravely, for it is a good book, and contains a large amount of very useful information, conveyed in a very popular style. Some of the details are a little meagre, and others are perchance scarcely appropriate in a work addressed entirely to ladies. Among the topics

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too scantily treated is that of the consequences of a breach of promise of marriage. A better chapter might, we think, have been condensed from Chitty, Selwyn, and the nisi prius reports; but, such as it is, we reprint it for the benefit of our fair readers.

CONSEQUENCE OF "BREACH OF PROMISE."

A man and woman who are not, however, under any of these disabilities, may mutually agree to intermarry at a future period. Such an agreement forms a contract of betrothment, and is binding upon both, by their verbal consent, the promise of one party to marry being the inducement or consideration for the other's promise. A betrothment almost always precedes a marriage, since the wedding can hardly take place at the same time that it is agreed upon.

Either party is entitled to bring an action in a superior Court of Common Law against the other upon a refusal to complete this contract. The purpose of the action is to recover compensation for a personal wrong, which may probably be irreparable, to obtain damages, perhaps, for loss of health, or loss of happiness, or loss of protection from relations and friends, or loss of hitherto unimpeachable honour (that full measure of a woman's ruin), and, sometimes, in addition to all these, loss of property in the disappointment of a settlement for life. The general rule is, that the mutual promises must be legally binding, so as to render a contract obligatory upon both the parties; to which rule this action presents a remarkable exception; for if either of the parties be an infant, although he cannot be sued upon his breach of promise of marriage, yet, such an infant may sue the other party, if of full age, upon a violation of this contract. This general rule, with its exception, obtains, when the agreement is verbal or in an unsealed writing; but if a man bind himself by deed to marry a woman by a day named, and omit to do so, he may be sued by her in an action of covenant for damages, although she may not have bound herself to marry him; for mutuality is in such a case not essential, and so it would be, if the woman only were so bound; but as women are generally little versed in matters of business, and are peculiarly liable to be deceived and imposed upon in matters in which their feelings are concerned, such a contract or engagement obtained from a woman would be regarded by the Courts with the greatest jealousy and suspicion, particularly where the man had entered into no corresponding engagement on his part. It is probable, indeed, that a Court of Equity would consider the procurement of a bond or covenant of this nature from a woman by a man, who had given to the latter no corresponding obligation or covenant to marry her, as a fraud upon the woman, and would restrain him by an injunction from proceeding against her by his action upon her covenant.

But, to return to the ordinary verbal or unsealed betrothment; the proper action is technically called an action of assumpsit, or on promises, and must be brought within six years from the breach. It cannot be had in any of the County or Small Debts' Courts, being expressly excepted by the 9 & 10 Vict. c. 95, 58.

This action is so far of a personal nature, as to be within the maxim actio personalis moritur cum personâ, and therefore it cannot be brought by the personal representatives of the deceased party to whom it was made, and as regards whom it was violated (at least, unless there be laid in the declaration, and proved, some special damage affecting the personal estate of the deceased, as some actual pecuniary loss); because it is not in the power of such representatives to complete the contract on their part.

Where the defendant pleads that there was no promise, the plaintiff must be prepared to prove that the defendant did promise, and the evidence for this purpose is either

express or presumptive. If the express promise be in writing, it can be adduced in evidence, without being stamped. A written promise is not necessary, for the Statute of Frauds (29 Car. II. c. 3, 4) applies to promises "in consideration of marriage," affecting property, and liable to be enforced at law or in equity, and not to promises to marry. It is not, however, necessary to prove an express promise: it may be evidenced by the unequivocal conduct of the parties manifesting that a marriage was to take place between them. If there be an express promise by the man, and it appears that the woman countenanced it by her actions at the time, and behaved as if she agreed to the matter, although there be no actual promise, yet it will be sufficient evidence of a promise on her part. A promise on the woman's part may be inferred from such circumstances of apparent acquiescence as attend such an engagement; from her being present and not objecting when the consent of a parent was asked; the making preparation as for the wedding; the receiving her suitor's visits, and her expressive demeanour towards him. The promise on the part of the man is more frequently capable of proof by means of explicit declarations, but this is very often but matter of presumption from his conduct.

A bill may be filed in the Court of Chancery against a party to compel him to disclose upon oath, whether he had promised the plaintiff marriage or not, in aid of an action for the breach; and this practice is still preserved, for the Evidence Act, 14 & 15 Vict. c. 99, 4, does not permit either the plaintiff or defendant, in an action for breach of promise of marriage, to be examined as a

witness.

A promise to marry generally, without fixing a time, is held to be a promise to marry within a reasonable or convenient time upon request.

If the defendant should deny the breach of the promise, evidence on behalf of the plaintiff must be given, either of an actual refusal after a tender, or of conduct or declarations equivalent to an actual refusal, or that the defendant has married another, so as to render a marriage with the plaintiff impossible.

It is sufficient if the father of an infant-female plaintiff demand performance of the defendant, whose answer, declining the marriage, will be proof enough of the breach of promise.

Should the defendant's promise be special, as to marry within a certain period, or when certain family affairs should be settled, or upon any other definite and reasonable condition, such condition must be proved to have arisen by the plaintiff.

It is no defence to this action, that the defendant is pre-engaged to another (for it is a wrong of which no avail can be taken), or that the defendant was married at the time of the betrothment. And if a married man represent himself to be single, and induce a woman to betroth herself to him, upon the faith of such representation, a special action for the deceit would lie against him for damages.

But the following circumstances are good defences, and, if substantiated, will defeat the action:-that the plaintiff has absolved, exonerated, and discharged the defendant's promise; that the defendant has, since the promise, discovered gross immorality or depraved conduct in the plaintiff, or some serious bodily infirmity, which would affect the social happiness of the parties; for, if the defendant promised, after full knowledge of the moral guilt or bodily disease of the plaintiff, it would be binding; or, that there has been a material misrepresentation, or a wilful suppression of the real position of the plaintiff or the plaintiff's family.

If a defendant promise marriage in consideration that the plaintiff would have connection with him, it is void; but if he renew his promise after the illicit intercourse, such subsequent promise would be binding.

Should presents be made by a lover to his lady-love, in consequence of her encouragement of his attentions,

and she should afterwards be fickle, and refuse to marry him, the presents or their value may be sued for by the disappointed one, unless he were but a mere adventurer or social intriguant.

We heartily wish the owner of the bright eyes, that have just danced gaily over this dull page, may never require to read a line of Mr. Wharton's book. In her maidenhood may she find the true tenax propositi vir, and think no

THE recognition of this dissertation in our pages is a sufficient assurance that its character and tendency are not such as might hastily be inferred from the title. With this preliminary intimation, we proceed to explain that our essayist here takes a bold poetical and philosophical flight into the regions of imagination, for the purpose of evoking thence the theory, that the grand basis laid down by the Almighty, when "male and female as regards man, created he them," is that on which the entire superstructure of the universe is raised, spiritually no less than physically. To adopt his own words in the title-page, it is " proposing to shew that sex and the marriage union are universal principles, fundamental alike in physics, physiology, and psychology." That Eros, or Love, was the first and most admirable of the deities, and the great originator of all things, is the idea set forth by the poets and philosophers of antiquity; and has received its confirmation among us by the knowledge that infinite Love in the beginning made man in the image of God, pure and immortal; and again, in latter times, placed him in a position to regain that state of blessedness which by his transgression he had forfeited.

an essay

On this ample foundation Mr. Grindon constructs his theory, with much feeling, ingenuity, and learning; though he occasionally loses himself in its depths, or becomes somewhat misty in its heights. Its general scope will be best expressed by himself:

Nature is a system of nuptials. Every thing in creation partakes either of masculine or feminine qualities; -animals and plants, earth, air, water, colour, heat, light, music, thought, speech, the sense of the beautiful,

sion of one primitive idea.

Proceeding on this hypothesis, he commences with the material creation, and in considering man, in the first place, propounds a view which more or less pervades the entire treatise :—

Love truly exists only where the feeling meets with a response on which it can rest in thankfulness and

soul differently constituted from itself. Man seeks wogladness; and this again can only be furnished by a man, because she is pre-eminent for affection, which in him is subordinate; woman welcomes man, because he is pre-eminent for understanding, which in her is relanature is lonely and celibate until conjoined to the other, tively less. Each of these spiritual elements of our and instinctively impels its possessor towards that which it feels to be the vital complement of itself. This es least is the fundamental and essential idea of love; ali other kinds are secondary, and derived from it.

Passing from the animal kingdom, he rests his theory, as regards plants, on the discoveries finally reduced to a system by Linnæus; and, treating next of inorganic formations, he traces his principle in the well-known combinations of the various elementary substances, according to their several affinities, remarking à propos of

these: So ardent (says our author) is the love of the married state, that it rarely happens that these substances are found in their original celibate condition. It is when they do so occur, and unmixed with extraneous matter, that they are called by the beautiful and appropriate name of "virgin;" as 66 29 66 virgin gold," virgin copper," &c.

Proceeding in his course, he brings to his aid the facts that, heat is due to the combination of oxygen with carbon; light to that of the sun's rays with the atmosphere; colour to the property inherent in bodies of variously selecting or rejecting rays of light. Land and water, the two great components of our globe, he considers as emphatically wife and husband, the latter ever fertilizing, the former bringing forth fruit. "Maternal earth" is an expression almost as old as the earth itself; and Mr. Grindon reminds us of Ovid's Father Tiber, and our Father Thames. His purpose, however, is not much served by the supposed derivation of amnis (a river) from the Hebrew ab, "father," to which he attributes, we know not on what authority, the further signification of "water," the true word yam having rather an affinity for am, a mother. The heathen gods and goddesses he does not regard as mere idle fictions, but rather as typifying the various agencies of nature, by the combination and opposition of which she carries on her work. Intellect and the affections being in his theory, as we have seen, characteristic respectively of the male and female, he considers the Divine nature a duality of perfect wisdom and perfect goodness.

Both principles are everywhere manifested; but in one place, the Divine Wisdom most strikes us; in another, the Divine Goodness. One thing pronounces commandingly of his intellect; another, persuasively of his "loving-kindness." It is solely by this key that the differences of male and female character, or moral and intellectual aptitudes; properly, the sexuality of the soul, can be satisfactorily explained. For that there is spiritual sex as well as corporeal sex is one of the sublimest facts in human nature. "There is a sex in our

souls," says Coleridge, "as well as in their perishable garments; and he who does not feel it, never truly loved a sister;-nay, is not capable even of loving a wife as she deserves to be loved, if she indeed be worthy of that holy name."

This theory of the duality of the Divine nature he supports by quoting an Orphic verse, that "Zeus is both a man and an immortal maid," and by referring to the epithet Appevo0nλus, "male-female," applied to the Ἀῤῥενοθηλυς, supreme Deity by the ancient Greeks. In music he dwells on the harmonies, in language on the vowels and consonants. It is un peu trop fort to assert that "the sexual character of words is one of the most beautiful and recondite subjects of philosophy," but we may admit that

cate musical vowels, feminine. The hard sturdy consonants are masculine; the deliAs man needs woman's aid to fulfil his noble nature, so does the consonant need the auxiliary vowel in order to be uttered; and as woman the unmarried vowel rarely more than a thoughtless inwithout man is destitute of her stay and strength, so is terjection.

He further remarks, that in the earliest and purest languages, as Hebrew, the neuter gender fied, and that the primitive assignation of genwas wholly unknown, every thing being personiders was not accidental, but "doubtless in which were observed in the several objects and strictest deference to the symbolic qualities operations spoken of, and their natural harmony either with the male or female character and functions." He demonstrates that the anomalous neuter was of comparative modern introduction.

We have not space to follow him through the adaptation of his scheme to the nature of the soul, which he regards as a duality, idea or form, beauty, the characters of men and women, &c. In treating of these several subjects, we cannot but think that he occasionally rides his hobby too hard; but, even when unable to keep pace with him, the reader will seldom fail to find food for reflection and the exercise of fancy in his lucubration.

LADY HESTER G. BROWNE, and Miss Hume Middlemass, as we learn from the flyleaf of this charming little miscellany, are, by right of initials, the "Blue Bell and Mignionette" of its title-page. But the identity of "Thistle" is lost. in conjecture; and all that we know of him, her, or it, is, that one of the earlier Numbers contains the pictorial embellishment of a kilted child, carrying a bunch of that emblematic

weed, fresh pulled in Regent's Park; which we are assured is the portrait of the editor. But the authority does not satisfy us, and we are inclined to reject the tradition.

Another point appears to be much better established-that not only the two fair" Projectors" aforesaid, whose names are in print, and therefore mentionable, but by far the greater number of the flowers which compose