form a pas de trois, to step in without asking permission, and to form the third; and the court being informed that the defendant has spoken contemptuous words of its process, and said that the plaintiff would lose his labour in suing her, permits the plaintiff to pass her without moving to her, or saying "How d'ye do," and declares him exempt from courtesying to her during the dance, as others are used to do. And the plaintiff is to have his costs.

The following is worth nothing more serious than a laugh :—

An action was brought by a young married lady against her husband, for not allowing her to wear a gown and a bonnet made in the newest fashion. The pleadings ran to a considerable length, and the court declared that the matter should be referred to two milliners, who should report thereon, and if any thing objectionable were found in the fashion of the gown and bonnet, the court directed that the referees should

call in the assistance of two ladies, on the part of the plaintiff, and two on the part of the defendant, to assist them in their judgment.

The next is more serious:

The defendant, whose lover had remained for a certain long space of time in parts beyond the seas on an expedition, being doubtful respecting his return, whereof many people had well nigh despaired, sought for another lover. The secretary of him, the said first-mentioned lover, hereupon impleaded the said defendant, who appeared and pleaded the 7th statute of the Code of Love.And thereupon she said, that if it were lawful for a widow to take a husband two years after the decease of her first former husband, à fortiori it was lawful for her, the said defendant, who was a quasi widow, leaving her said first-mentioned lover, so to do, when he, her said first-mentioned lover, had sent to her, the said defendant, neither messenger nor message, during the said long period of time, although she averred he had, during all that time, frequent opportunities of so doing.

The pleadings ran out to great length; but on the cause coming on for trial before the Countess of Champagne, the following judgment was pronounced:

The judgment in this case must be for the plaintiff. The defendant should not have renounced her lover, even after so long an absence,

but upon the clearest proof of want of affection or fidelity. The court, however, must be understood as speaking of absence only when caused by unavoidable necessity, or from some honourable motive. Certainly nothing ought to cause more joy in the heart of one in the defendant's situation, than the information that her lover is acquiring fame in foreign realms, and attaching

to himself the confidence of the valiant and the wise. With regard to his neglect in writing, or despatching messengers, it may have arisen from the most prudential reasons, in order that the secret of his attachment might remain hidden. For though he had despatched letters to her, the tenor of which might be unknown to the messenger, yet non constat that by the malfeasance of that messenger, or by his death on the journey, the secret of his passion might have been divulged.

Two more, and, for the present at least, we shall have done :

An action was brought by the heirs of a lover to compel a lady to shew them the same politeness which their ancestor had always experienced from her. They alleged that they had discovered, amongst the papers of the defunct, an agreement, by which the defendant had bound herself to wish the deceased good-day whenever she met him, and to make him a courtesy ; and they said that, as heirs at law, they were entitled to the benefit of this agreement.

The defendant insisted that the contract was merely personal, and that it could not descend to the representatives of her lover, after his death.

The plaintiffs contended that if any thing had been due from their ancestor to the defendant, they would have been answerable to her.

To this the defendant replied, that there was a great distinction between debts or goods and chattels, and the personal property of love; and she insisted that if judgment were given for the plaintiffs, she should be burthened with making

two courtesies instead of one.

Judgment was given for the defendant.
The succeeding is more in detail:-

This was an action, in the nature of trover, for a kiss. The defendant pleaded that he had long loved the said plaintiff, whereof she had notice; but that, not regarding him, she had wholly neglected and refused to entertain his said suit. And he further said, that he had at length so much prevailed upon her the said plaintiff, that she undertook and faithfully promised the said. defendant to give him the said kiss; yet that, not regarding her said promise and undertaking, she the said plaintiff had always, up to the time of the said supposed grievance, excused herself from so doing, sometimes alleging to the said defendant that she had been prevented therefrom, and at other times asserting that it was not a proper opportunity in that behalf.—And the said defendant affirmed that he had been for the space of three months in pursuit of the said kiss, which was a great pity. And he further said› that, on a certain day, when Danger was ab

By this term the husband of the lady is, in general, designated.

sent, he prayed the said plaintiff to perform and fulfil her said promise and undertaking; but perceiving that the said plaintiff was not willing so to do, he then and there took the said kiss, as it was lawful for him so to do. And he prayed his costs.

And the said plaintiff for replication said, that she did not undertake or promise in the manner and form as the said defendant had above alleged, for that the said promise was a conditional promise only, to wit, at the will and pleasure of the said plaintiff, when and where it should please her, the said plaintiff, to fulfil the

same.

And the said defendant for rejoinder said, that the said plaintiff did undertake and promise, in manner and form aforesaid, without this, that the said promise was conditional. And he further said, that though there had been neither gift nor promise, he reasonably deserved, for

his care, diligence, and attendance given and bestowed by him the said defendant, in the service of the said plaintiff, at least the reward of the said kiss, and that it was therefore lawful for him the said defendant to take out execution for the same, and to possess himself thereof as of his own proper goods and chattels, which had come to his possession by finding. And he concluded as before.

And now the parties having been heard, and mature deliberation being thereupon had, the court gave judgment for the defendant, and decreed the plaintiff to pay costs. And the court further directed the said plaintiff specifically to perform her said promise, at the instance and request of the said defendant, no account being taken of the said former salute.

It is possible that, in some future open month, another case or two may be introduced.

MANY, as the proverb goes, "tattle of Robin Hood, who never shot with his bow!" and the collection of old songs, which for centuries has been the popular record of this celebrated archer and his companions, so completely involves the actions they commemorate in such a mass of the marvellous, that many grave readers become inclined to doubt even the existence of the hero. However, that Robin Hood, and "his merry-men-all," || did live, and gave the most wonderful proof of skill in the use of the bow, we have the testimony of several old historians :—namely, Fordun mentions him by that title, and so do Stow and Hollinshed, but most particularly John Major; who, in his ancient spelling, or rather the transcript in the "Chronicle of Breteyne," | speaks of him thus-" About this tyme (anno 1189) there were many robbers and outlaws in England; among the which number were especially noted Robyn Hood, and Little John, who were famous thieves. They continued in woodes, mountaynes, and forests, spoyling and robbing such as were riche.-Murders. commonly,

they did none, except it were by the provocation of such as resisted them in their rifelings and plunder.-And it is sayd, that Robyn Hood had at his will and commandment an hundred tall yeomen, which were mightie men, and exceeding good archers, and they were mainteyned by suche spoyles as came to their handes. And one thing was much commended in him, that he would suffer no women to be oppressed, insulted, or otherwise offended. The poorer sort of people he favoured, and would in no wise suffer their goodes to be touched or taken; but relieved and aided them with such goodes as he gote from the riche, which he spared not." Also, another ancient pamphlet saith of him thus-" This man, Robyn Hood, descended of a noble parentage, or rather being originally of a humble stock and linage, was, for his manhood and chivalry, advanced to the dignity of an Earl (Huntingdon), excelling principally in archery, his manly courage agreeing thereunto: but afterwards he so prodigally exceeded in expenses, that he fell into vast debts; by reason whereof, so many actions and

suits were commenced against him, whereunto he answered not, that by order of lawe he was outlawed. And then for a naughty shift, as his last refuge, gathered together a company of roysters and cutters, and practised robberies and spoyling of the King's subjects; and occupied and frequented the forests in wilde countries. The which being certefyed to the King, || and he being greatly offended therewith, || caused his proclamations to be made— That whosoever would bring him, quick or dead, the King would give him a large sum of money; as by the records in the exchequer is to be seen; but of this promise no man enjoyed any benefit. For the sayd Robyn Hood being afterwards troubled with sicknesse, came to a certain nunnery in Yorkshire, called Berklies; where desiring to be lett blood, he was betrayed, and for the purpose bled to death. After his death the Prioresse of the place caused him to be buried by the highway side, where he had used to rob and spoyle those that passed that way:

and upon his grave the sayde Prioresse did lay a faire stone, whereon the names of Robyn Hood, William of Goldesborough, and others (of his merry-men) were graven; and at either side of the sayde tomb was erected a crosse of stone, which is to be seene at this present."

It has been mentioned by a modern writer, that Robin Hood's bow, and one of his arrows, his chair, his cap, and one of his slippers, were preserved till within the last century, at Fontain's Abbey: but, if we would seek for the most beautiful, and wild, and therefore the truest picture of such a life, which has ever been drawn by man-of the free-booting forester-the page of our immortal Shakspeare contains it-for it is all nature-the nature of the times he wrote of, of the people he described. The robbers of Schiller, also, are true; but they are true German; and of more modern guise, than our ancient half Saxons, of the age of Robin Hood.

J. P.

THE GARDEN OF THE DEAD. WRITTEN ON PLUCKING A WHITE ROSE, NEAR THE TOMB OF MRS. JORDAN, IN THE CEMETERY OF PERE LA CHAISE, AT PARIS.*

BEAUTIFUL rose! In thy snowy pride

Thou look'st like the emblem of some fair bride-
Fit to twine with the dark and glossy tress
That love's own ambrosial lip may press !
But thine is another a sadder doom-
THY lot is, to deck the sullen tomb-
To distil all thy sweetness o'er the bed
Where slumbers the cold, the unconscious dead.

O, mockery senseless-vile and vain

O'er the field where death holds his gloomy reign,

To fling wreaths, that freshly and brightly blow,
As in scorn of the ruin that frowns below!
Ah! purer the feeling-the taste of THEE,
Mine own dear land, where the funeral tree,†

* Vide LA BELLE ASSEMBLEE, vol. vi. page 56.

+ The yew.

PRETTY, pretty, pretty bird,
Sweet as e'er in grove was heard,
Come and tell thy mistress why
Mute's thy voice and dull thine eye!
Tell me, has my thoughtless page
Left no seed within thy cage,
Or has puss, inspiring fear,
Dared thy prison-bars draw near?
BIRD.
Lady, no 'tis not of seed
I, a captive, most have need;
Nor has puss, with talons fell,
Dared approach my prison-cell.
Grief from other sources springs
Lo! unplumed my drooping wings!
"Tis the loss of liberty

Checks my song and dulls mine eye.

To a land where joy and happiness reign.
And he placed his cold pale hand in mine,
And he smiled and spoke of things divine;
He spoke of a God of peace and of love,
Who reigns in a world of beauty above;
Of HIM-the SAVIOUR-who died that we
That land of loveliness might see.
And he folded his hands upon his breast,
And prayed that his soul might be at rest;
Yet he sometimes fondly and sadly took
Of my sorrowing face a farewell look;
And then turn'd away his brightning eye,
And again addressed the throne on high;
And death came on him like the gentle sleep
Of an innocent child so calm and deep.
And he lay there like a pale young flow'r,
Lovely and fair in his dying hour;
And, oh, it was beautiful to see
A soul thus pass to eternity!

B. B. B.