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iers; that he has banished him out of several families, and in all has driven him from his head quarters, and forced him to make his retreat into the hours of midnight; and, in short, that he is now in danger of being entirely confounded and lost in a breakfast. Those who have read Lucian, and seen the complaints of the letter T against S, upon account of many injuries and usurpations of the same nature, will not, I believe, think such a memorial forced and unnatural. If dinner has been thus postponed, or, if you please, kept back from time to time, you may be sure that it has been in compliance with the other business of the day, and that supper has still observed a proportionable distance, There is a venerable proverb, which we have all of us heard in our infancy, of putting the children to bed, and laying the goose to the fire.' This was one of the jocular sayings of our forefathers, but may be properly used in the literal sense at present. Who would not wonder at this perverted relish of those who are reckoned the most polite part of mankind, that prefer seacoals and candles to the sun, and exchange so many cheerful morning hours for the pleasures of midnight revels and debauches? If a man was only to consult his health, he would choose to live his whole time, if possible, in day-light; and to retire out of the world into silence and sleep, while the raw damps and unwholesome vapours fly abroad without a sun to disperse, moderate, or control them, For my own part, I value an hour in the morning as much as common libertines do an hour at midnight. When I find mye self awakened into being, and perceive my life renewed within me, and at the same time see the whole face of nature recovered out of the dark uncomfortable state in: which it lay for several hours, my heart overflows with

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such

such secret sentiments of joy and gratitude, as are a kind of implicit praise to the great Author of nature. The mind in these early seasons of the day is so refreshed in all its faculties, and borne up with such new supplies of animal spirits, that she finds herself in a state of youth, especially when she is entertained with the breath of flowers, the melody of birds, the dews that hang upon the plants, and all those other sweets of nature that are peculiar to the morning.

It is impossible for a man to have this relish of being, this exquisite taste of life, who does not come into the world before it is in all its noise and hurry; who loses the rising of the sun, the still hours of the day, and immediately upon his first getting up plunges himself into the ordinary cares or follies of the world.

STEELE.

COURT OF HONOUR. No. 265. Continuation of the Journal of the Court of Honour, &

As soon as the court was sat, the ladies of the bench presented, according to order, a table of all the laws now in force relating to visits and visiting-days, methodically digested under their respective heads, which the Censor ordered to be laid upon the table, and afterwards proceeded upon the business of the day. · Henry Heedless, esquire, was indicted by colonel Touchy, of her majesty's trained bands, upon an action of assault and battery; for that he the said Mr. Heedless, having espied a feather upon the shoulder of the said colonel, struck it off gently with the end of a walking-staff, value three-pence. It appeared that the

prosecutor

prosecutor did not think himself injured until a few days after the aforesaid blo:v was given him ; but that having ruminated with himself for several days, and conferred upon it with other officers of the militia, he concluded that he had in effect been cudgelled by Mr. Heedless, and that he ought to resent it accordingly. The counsel for the prosecutor alleged, that the shoulder was the tenderest part of a man of honour; that it had a natural antipathy to a stick; and that every touch of it with any thing made in the fashion of a cane was to be interpreted as a wound in that part, and a violation of the person's honour who received it, Mr. Heedless replied, that what he had done was out of kindness to the prosecutor, as not thinking it proper for him to appear at the head of the trained bands with a feather upon his shoulder; and further added, that the stick he had made use of on this occasion was so very small, that the prosecutor could not have felt it had he broke it on his shoulders. The Censor hereupon directed the jury to examine into the nature of the staff, for that a great deal would depend upon that particular. Upon which he explained to them the dif. ferent degrees of offence that might be given by the touch of crab-tree from that of cane, and by the touch of cane from that of a plain hazel stick. The jury, after a short perusal of the staff, declared their opinion by the mouth of their foreman, that the substance of the staff was British oak. The Censor then observing that there was some dust on the skirts of the criminal's coat, ordered the prosecutor to beat it off with the aforesaid oaken plant; and thus, said the Censor, I shall decide this cause by the law of retalialiun: if Mr. Heedless did the colonel a good office, the colonel will by this means return it in kind; but if Mr. Heedless should at any time boast that he had cudgelled the colonel, or laid his staff over his shoulders, the colonel might boast, in his turn, that he has brushed Mr. Heedless's jacket, or, to use the phrase of an ingenious author, that he has rubbed him down with an oaken towel.

Benjamin Busy of London, merchant, was indicted by Jasper Taule, esquire, for having pulled out his watch and looked upon it thrice, while the said esquire Tatile was giving him an account of the funeral of the said esquire Tattle's first wife. The prisoner alleged in his defence, that he was going to buy stocks at the time when he met the prosecutor; and that during the story of the prosecutor the said stocks rose above two per cent., to the great detriment of the prisoner. The prisoner further brought several witnesses to prove, that the said Jasper Tattle, esquire, was a most notorious story-teller; that before he met the prisoner he had hindered one of the prisoner's acquaintance from the pursuit of his lawful business, with the account of his second marriage ; and that he had detained another by the button of his coat that very morning, until he had heard several witty sayings and contrivances of the prosecutor's eldest son, who was a boy of about five years of age. Upon the whole matter, Mr. Bickerstaff dismissed the accusation as frivolous, and sentenced the prosccutor to pay damages to the prisoner for what the prisoner had lost by giving him so long and patient a hearing. He further reprimanded the prosecutor very severely, and told him, that if he proceeded in his usual manner to interrupt the business of mankind, he would set a fine upon him for every quarter of an

hour's

hour's impertinence, and regulate the said fine according as the time of the person so injured should appear to be more or less precious.

Sir Paul Swash, knight, was indicted by Peter Double, gentleman, for not returning the bow which he received of the said Peter Double, on Wednesday the sixth instant, at the playhouse in the Haymarket. The prisoner denied the receipt of any such bow, and alleged in his defence, that the prosecutor would oftentimes look full in his face, but that when he bowed to the said prosecutor, he would take no notice of it, or bow to somebody else that sat quite on the other side of him. He likewise alleged, that several ladies had complained of the prosecutor, who, after ogling them a quarter of an hour, upon their making a courtesy to him, would not return the civility of a bow. The Censor observing several glances of the prosecutor's eye, and perceiving that when he talked to the court he looked upon the jury, found reason to suspect there was a wrong cast in his sight; which upon examination proved true. The Censor therefore ordered the prosecutor, that he might not produce any more confusions in public assemblies, never to bow to any body whom he did not at the same time call to by his name.

Oliver Bluff and Benjamin Browbeat were indicted for going to fight a duel since the erection of the Court of Honour. It appeared that they were both taken up in the street as they passed by the court in their way to the fields behind Montague-house. The criminals would answer nothing for themselves, but that they were going to execute a challenge which had been made above a week before the Court of Honour was

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erected.

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