chosen sheriff. He told them ingenuously, he would do the duty of a sheriff to the full, but would not spend all the estate he had got in many years, in one year. He told them plainly he would go in his cloak, and in the same clothes. He would be at no charge. Whereupon the Council rejected him, and he paid not a penny fine. Otherwise their design had been spoiled. I would have this rejected.'— That gentleman,' replied Sir Thomas Wroth, is mistaken. I do aver there is no such design in the choosing sheriffs. That person he speaks of, was a man much wedded to his own opinions, and therefore rejected.'-'I am a freeman myself,' said Major General Kelsey; I know that gentleman that was chosen sheriff. He was no such base-minded man as is represented. He is now chosen sheriff for a county. I desire the Petition may be committed. That of the factors is no danger at all. I am not afraid to be sheriff.'-Aldermen Foot and Pack were for committing the Petition; else, in time, none shall support the duty of the City, but such as are mere mechanics.' Mr. Highland affirmed This City has lost nothing by the Parliament. What by offices, and what otherwise, they have been no losers. I am for rejecting the Petition. It is true what is said. They so choose sheriff's by design, and go abirding for sheriffs every year.' Referred to a Committee."

On the approach of Christmas, a desire to adjourn was expressed by numbers.

"Many members are gone,' says Mr. Bond; others are going, as I hear. I desire a day may be appointed to call over the House, lest we be called a rag of Parliament, as formerly we have been called. They ought not to go without leave. The weather is cold, and the days short, and we do little. I desire we adjourn two or three weeks.'-Major Burton thought it hard that those who had constantly (except in cases of sickness) attended all the time, should now be debarred from going home on these occasions. I myself have business at home; a servant out of his time the first of January, and nobody to look after any thing.'-Sir Wm. Strictland, though he had as many occasions at home as another, yet should be loth to adjourn till the business of most concernment before you be dispatched.'—' Dr. Clarges hoped they would not think of adjourning till they had done some of their business, at least such as was most material-as provision for the Spanish war, which can no more move without nerves and sinews, than can the natural body.'-'We had better never have met,' exclaimed Captain Fiennes. "We cannot kill the King of Spain, nor take Spain, nor Flanders, by a vote. There must be moneys provided. Shall we rise and pass but four Bills? It is private business that jostles all out.'-Twenty,' urges again Mr. Bond, resolve to go down on Monday, (this was on the previous Saturday). It is reported we are but a rag of a Parliament. They say we are men made up of none but soldiers and courtiers, and I know not what friends of my Lord Protector. This is a scandal to us.'-This called up Gen. Disbrowe. I hope no man thinks it a scandal to be a soldier, or my Lord i rotector's friend.'That noble person (General Disbrowe),' said Sir Gilbert Pickering, is mistaken. It is not said it is a scandal to be a soldier, or the Protector's friend, but Mr. Bond says it is a scandal abroad upon them. We desire not to monopolise this trouble, but that all should attend.'-'It is a great fault,' said Lord Lambert (General Lambert), for the members to leave you in this business. It is a sin and a shame indeed. I would have the House as full as may be. But I would have you distinguish, between such as are approved, and such as are not,' (referring to the approval of the members by the Council at the beginning of the Session).— Mr. Bampfield would have the words such as are approved, or shall be approved,' left out in the summons. I hope the Council are by this satisfied of those that are left out, that they are now persons capable to sit. I know one person in town that was excepted--a very pious man, and there are others. I desire all may be called in now, it is high time, to the end that we may carry on things with more unanimity and general consent, especially when we come to tax the people.' This occasioned some heat, which was composed by Disbrowe's good-humouredly observing, We grow hungry, and consequently angry;' and Goffe's more gravely asking, What would be said abroad, that men were open in debate, and could not end it, but rose in anger, and let the sun go down upon our wrath ?'-A call of the House was resolved on for the following week."

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Among the private business which occupied the House was a petition of Edward Scot, of Scot's Hall, in Kent. The case is one of unblushing infamy on the part of the lady; but not unamusing in the details and the naïveté of the discussions.

“Scot married Katherine daughter of Lord Goring”—this is Burton's statement, from the Petition “She eloped from him, and at Oxford, and other places, had children by other men. She hath contracted great debts, &c. Desires he may be divorced from her; that those children may be declared bastards, and not inherit his estates; and that he may be relieved against those debts. He would have some of the long robe consider it, and give their opinion.'-Major-General Kelsey said, “ I have an act in my hand for this gentleman's relief, if you please to read it. It will shorten your business. I am satisfied in the matter of fact.'-Sir Thomas Wroth said, ' It is not every man's luck to have a good wife. No man in this House has so bad a wife. It is fit the gentleman should be relieved, that bastards may not inherit his estate. He is a person of ancient family, and highly injured by the debts she has contracted. We were petitioned in the Long Parliament. The Lord ChiefJustice has settled alimony upon her, but she deserves no more than a dog. I would have it cut off, and that the Bill be read.'-Mr. Robinson observed, It was no jesting business. It is a sad case to have such a wife, and to have posterity put upon him that is none of his own. I desire the Petition may be referred to a committee, to hear both parties, and then judge.'-Lord Strickland. I would not have us to suppose this business to be so till we have examined it. As the petitioner is a person of quality, so is she; but for us to judge parties unheard is very unequal. By this means, any man that is weary of his wife may be quit of her by petition.'-Mr. Attorney-General. This business is notorious. The matter of fact is but too true. I wish there were a law in general provided for this. It is only fit for a Parliament. She sought for alimony in the Chancery, but durst not prosecute it.'-Mr.Bodurda. I propose the gentleman may be called in, to own his petition, though against his wife. I hear he is a very weak man, and under some restraint.'-Colonel Welden. "I spoke with the gentleman last Friday, and I affirm that he did own the Petition.' -Mr. Bampfield. The business may be heard upon the Bill as properly as upon the Petition; and though he be a weak man, as is pretended, his wife ought not to abuse him.'-Colonel Whetham. As weak as he is reported to be, he has been a captain in your service.'-General Disbrowe. We shall grow angry at one (exceeding, probably, the dinner-hour). I desire the Bill may not be read, but refer it (the Petition) to a committee.'-Referred to a committee.

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"The Committee," says Burton, "for Mr. Scot and his wicked wife sat in the Painted Chamber. Mr. Godfrey had the chair (who once intended to have hanged her in the country-he was Recorder of Maidstone). Both parties appeared. She said How do you do, Mr. Scot?' He answered little-no sweetheart, dear, nor angel. If one may judge of colours, she has a very bold face, but seemeth old. She was in black, and a long patch upon her forehead. The first witness produced was an ancient servant of Scot's Hall. He ripped up the whole course of her elopement, &c."

The case as such cases always do-seems to have excited great interest. On one occasion, Burton observes

"It was a great committee; there were above a hundred people present, besides pickpockets, which by report were also there. They said one was under the table; and Colonel Fiennes drew his sword, and vapoured hugely how he would spit him : but the fellow escaped, if there were any such. At another sitting, there was most of the House, and abundance of gentlemen of quality. One young lord, who would needs keep on his hat, was there."

On presenting the Report of the Committee on arrears of Assessment, 2000l. were due from the Temple.

"Mr. Fowell said, It is very unreasonable to lay any assessments upon the Inns of Court. The inhabitants there are young gentlemen, that have nothing but their books and clothes, &c. and may say with Bias, Omnia mea mecum porto.' They are Universities of the law, and, surely, ought to have the privileges of Universities. I believe they are not all worth 2001. How then can they pay 2000l. assessments ?' Sir Thomas Wroth made a long story to excuse the Inns of Court from paying this tax-' It will put a discouragement upon the students of the law, and affright the Universities. It will pull up the laws by the roots. The long-robe men may do you good service. They are good swordsmen as well as bookmen.' He fetched a long preamble from the Conqueror, and talked of the boughs of Kent.-Mr.Attorney-General (Prideaux). This assessment is very unreasonably laid upon the Inns of Court. The City ought to pay it. The students have nothing wherewithal to

pay it. I am sure that I pay, to the purpose, assessments for my living in the city.' Lord Chief-Justice (Glynn). This is a very hard case. It would never have been offered in former times. I never knew it in all my time. We that have many children must, by this means, have their charge increased; for though this be laid upon our sons, the parents must bear it.'-Major-General Disbrowe. If this charge should be merely upon the gentlemen, or upon the clothes, or the like, I should be against it. But, methinks, they might as well pay, or abate of their ribbons and other extravagancies, as the farmer pays for every cow or sheep that he has.'Mr. Downing. What would the City do if the lawyers were gone? How would they pay their rents, much less their assessments? The study of the law is of more advantage to the nation, both to the gentry and others, than the mathematics, or their datur vacuums. This encouragement to tax the Inns of Court was made by a Parliament that had no great love to law or learning.'-Mr. Robinson. It is just every man should bear his burden. Many that live in the Inns of Court have great estates, and great places. It is fit they should contribute to the public charge of the nation. I would not have them privileged more than other places. They are fallen from their first constitution. No readings, nor exercises, now performed. In former times, readings were twice or thrice a year. Again, there are great rents taken for chambers there, which ought to be liable,' &c.-The Temple was discharged."

Major-General Disbrowe reported amendments to the Bill for mitigation of Forest Laws within the forest of Deane, in the county of Gloucester; and for the preservation of the wood and timber. The short debate that followed gives a good specimen of Burton's powers of reporting, and of the ability of the speakers.- -The House assembled on Christmas-Day.

In the Committee of Trade was argued a Petition of the Free Merchants against the Merchant Adventurers.

"Wherein," says Burton, "was set forth what a great prejudice it was to the Commonwealth that the trade of the woollen manufactures should be engrossed into the hands of one company, it being the only staple trade of England, and ought to be improved to the best advantage. There were strong arguments brought on the account of the Free Merchants, to prove that a free trade was most for the good of the Nation. Sir Christopher Pack, who is master of the Merchant Adventurers' Company, turned in the debate like a horse, and answered every man. I believe he spoke at least thirty times. Mr. Lloyd helped him as much as could be; but both reason and equity, and the sense of the Committee being against them, they were forced at last to give up the cudgels, but with much ado. Sir Christopher did cleave like a clegg, and was very angry that he could not be heard ad infinitum; though the Committee were forced at last to come to a compact with him, that he should speak no more after that time. He said at last, he hoped to be heard elsewhere. The man will speak well; and I heard that when the consultation was at Whitehall about the admission of the Jews,+ of all the headpieces that were there, he was thought to give the strongest reasons against their coming in of any man. Mr. Lloyd will speak well; but we were too hard for them."

The Vintners' Bill, by which a duty was to be levied on wine, occasioned considerable discussion, and elicited from many of the members popular sentiments. It was proposed to give Commissioners authority to enter houses, warehouses, cellars, &c.

"Judge Lawrence, a Scotchman, moved it might not be put between sun and sun, but between such and such hours, because of the shortness of the winter days.

These appear to have been discussions of law points by the more learned lawyers. The first reader of Lincoln's-Inn was appointed in 1463. The first reader of Gray's-Inn was John Spelman, Esq. in 1516. Readings have continued till within these twenty years. (New View of London, 1708.) Among the orders made to be observed in all the four Inns of Court, June 22, 1567, none were to plead in the Westminster courts, or subscribe any action, bill, or plea, unless he be a Reader, or Bencher in court, or five years Utter Barrister.

+ "In 1655, according to Whitlock, in consequence of the proposals made by Manasseh Ben Israel, who is said to have offered 200,0001. for the Jews' full admission to all the rights of citizenship. Another attempt will be made speedily; and they will surely succeed, and without paying for it too."

'I desire,' said Bampfield, it may stand between sun and sun; for there will be time enough for the officer to search in winter days as well as in summer. The sun shines in winter, as well as in summer, in England. It may be, it does not shine in some part of Scotland.'- Under colour of an officer,' said Godfrey, any thief may enter a man's house in the night-time.'- Many of us,' said Colonel Rouse, (it was getting dinner-time probably) have a greater stomach to our dinners than to the Excise Bill. I desire to adjourn.' Bampfield followed it with—I desire to adjourn, that we may sleep in quiet in our beds this night, now that you are debating the breaking open of men's doors,' &c.

A Thanksgiving was ordered on the Protector's escape.

"Warren was suggested by one member to be the preacher. Alderman Foot desired Dr. Reynolds might preach. Exceptions were taken to his low voice. 'If so, then,' replied Foot, I desire Mr. Jenkins (a preacher described by Baxter as 'sententious and elegant,') may be appointed; for why need we fetch them out of the country, having enough about us to do the duty?' Other members objected to Dr. Reynolds's voice as too low, as well as Caryll's. It is strange,' observed Lord Strickland, we should not hear as well now as we did fourteen years ago.'—' Ministers tell us our faults,' said Robinson; it is fit we should tell them theirs. Their reading of sermons, making their voice low-I doubt we are going the Episcopal way of reading prayers too.' Lord Cochrane moved Galaspy, a Scotch divine, might preach. He said, he used not to read his sermons. He said something of an evil man that read sermons. This caused laughter. Lord Strickland moved that Ga

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laspy be desired to preach, ceive is a very godly man.' The first hint about offering the crown to Cromwell came from Ashe the elder, when the House were giving the Speaker instructions as to the points of congratulation on the Protector's escape.

as was moved,' said he, by that noble lord, who I perWarren and Galaspy accordingly preached."

“I would have something also added, which, in my opinion, would tend very much to the preservation of himself and us, and to the quieting of all the designs of our enemies that his Highness would be pleased to take upon himself the Government, according to the ancient Constitution, so that the hopes of our enemies' plots would be at an end. Both our liberties and peace, and the preservation and privilege of his Highness, would be founded upon an old and sure foundation.'-Many expressed surprise and indignation.-Major-Gen. Disbrowe. I know not what that gentleman means by his expedient for his Highness's preservation. I doubt that will be but a slender prop, without taking care of his enemies. That, in my mind, is the best fortification for all honest men.'-Mr. Robinson said, I understood not what that gentleman's motion means, who talks of an old Constitution; so I cannot tell how we should debate upon it. The old Constitution is Charles Stuart's interest. I hope we are not calling him in again. I know not what it means. This gentleman would have his Highness to be Charles Stuart's vice-roy, or some such thing.'-Mr. Highland (of whom Burton occasionally speaks as Cousin Highland), "That gentleman that moved this, was one of those (the L. P.-though this must be a mistake, the younger Ashe was the L. P. member,) that was for the pulling down of what he would now set up again. That was King, Lords, and Commons a Constitution which we have pulled down with our blood and treasure. Will you make the Lord Protector the greatest hypocrite in the world? &c. Are you now going to set up kingly government, which for these thousand years has persecuted the people of God? Do you expect a better consequence? I beseech you, consider of it! What a crime it is to offer such a motion as this! Do you expect a thanksgiving-day upon this? I desire this motion may die, as abominable, &c.'-The debate fell asleep, I know not how, but I believe it was by consent (as I heard Mr. Nath. Bacon, and others say as they came out,) and only started by way of probation. I have not seen so hot a debate vanish so strangely, like an ignis fatuus."

The project soon became intelligible enough. The Petition and Advice was immediately brought forward, and much interesting discussion took place upon the several articles, and again upon the revision.

Numerous as are our extracts, they furnish but a glimpse of the treasures this Diary contains. It is a mine that will bear long and deep working before it be exhausted, affording returns of inestimable value.

EVILS OF MEASUREMENT IN LITERATURE.

"Wit should be like the vine, which the oftener it is pruned, the more clusters of sweet grapes it produces. It should not be allowed to flow in the channel faster than it can spring from the head to keep up a due supply."

CERTAIN of our grumbling critics are pleased to be prodigiously dolorous and declamatory upon the manifest decline and fall of our general literature; and it would be uncandid to deny that many of them illustrate and establish the fact of this lamentable decadency by their own example. According to these carpers, every thing that we now write, is light, trivial, and ephemeral; the wind of the next hour will blow away from us for ever the thistle-down which the present has wafted towards us; it would be difficult to decide whether we write or read with the greatest hurry and carelessness; books are scribbled to be sold, and perused to be forgotten; the public mind is as a mirror which recollects none of the images that are perpetually flitting athwart it; all is superficial and evanescent; and the predominance of novels and romances, generated in the hot-bed of high copy-right, and devoured by all classes with an undistinguishing avidity that effectually vitiates the palate for wholesome and nourishing food, is the surest and most melancholy proof of the prevailing degeneracy. So impatient has the public become of any thing solid or instructive, that even in these works of fiction they will have nothing but continuous uninterrupted narrative, incident, and amusement; they will not tolerate instruction or research of any kind; these are sure to be skipped over in the perusal, and even a passing sentiment incurs considerable risk of the same fate. Fielding used to begin the different books into which his novels were divided with a didactic essay, a practice which would now be scouted with indignation; and so carefully has even Sir Walter Scott ministered to this impatience of interruption in a work of fiction, that, in the whole of his novels and romances, it might be difficult to find a dozen abstract propositions, or sentiments of a general nature. We are in our dotage, in our second literary childhood; and in proof that " men are but children of a larger growth," we eagerly devour "fabellas aniles ;" cram ourselves with nursery nonsense, and beginning even to tire of a story that is carried through three consecutive volumes, exhibit an infantine preference for tales, the Arabian Nights of the adults, which are sure to become popular in proportion to their being short, slight, and trashy. If authors, like lobsters, carried their best meat in their tails, there might be some excuse for this preference, but the contrary is notoriously the case; we do not reap corn where we have planted tares, &c.

Thus say some of our Aristarchi, and perhaps they say the truth; but after all it is any thing rather than a discovery, and instead of any necessity for looking so sad and solemn upon the occasion, the more their remarks are founded in justice, the greater subject do they afford for present congratulation and future hope. Mathematics, and all the exact sciences, may be fixed and immutable, for there cannot be any fluctuation in truth when once ascertained; but polite and inventive literature being subject to the influences of taste, must, from its very nature, be perpetually variable. It is because novelty is unattainable in one department, that there is such an insatiable craving for it in another, and that as in the restless caprices of fashion, we change from