It has been asked, if this be the fault of the men or of the institutions-of the lawyers or of the law? and maintained that the original fault is in the law: a conclusion more charitable than satisfactory; for, by whom has the law been made what it is, but by the lawyers?

By the Roman laws, every advocate was required to swear that he would not undertake a cause which he knew to be unjust, and that he would abandon a defence which he should discover to be supported by falsehood or iniquity. This is continued in Holland at this day; and if an advocate brings forward a cause there, which appears to the court plainly iniquitous, he is condemned in the costs of the suit: the example will, of course, be very rare; more than one, however, has occurred within the memory of persons who are now living. The possible inconvenience that a cause just in itself might not be able to find a defender, because of some strong and general prejudice concerning it, is obviated in that country by an easy provision: a party who can find no advocate, and is nevertheless persuaded of the validity of his cause, may apply to the court, which has, in such cases, the discretionary power of authorizing or appointing one. -Ibid.

RICH AND POOR.

THE most rational, the wisest, the best portion of mankind, belong to that class who possess "neither poverty nor riches." Let the reader look around him; let him observe who are the persons that contribute most to the moral and physical melioration of mankind; who they are that practically and personally support our unnumbered institutions of benevolence; who they are that exhibit the worthiest examples of intellectual exertion; who they are to whom he would himself apply if he needed to avail himself of a manly and discriminating judgment. That they are the poor is not to be expected; we appeal to himself, whether they are the rich? — Dymond's Principles of Morality.

SUNDAY.

A DAY of rest it is by the laws of the land, and ought to be by the laws of God-let us be thankful when we thus find them in agreement; but a day wholly dedicated to devotion it was not intended to be by either, nor in the nature of things can it possibly be so. The greater part of it must be spent in the quiet enjoyment of domestic life, or in out-of

door recreation, or in idleness. In the former and better manner it is passed by the majority of the middle classes; it is the day on which friends and relations meet, whom business keeps apart during six days of the week; and the stoppage of stage-coaches within twenty miles of London on the Sunday would take away more moral and wholesome enjoyment than any act of the legislature can produce. But supposing public worship were duly attended by all persons, as, according to what has now become a fiction of the law, it is designed to be, how are the remaining portions of the day to be disposed of by those who have no domestic circle to which they can repair-no opportunities for that refreshment both of body and mind, which the Sabbath, when wisely and properly observed, affords? Or who, if belonging to or placed in religious families, are not yet at years of such discretion as suffices to repress their natural activity and the instinctive desire of recreation? Rigorous gamelaws do not more certainly encourage poaching, than the puritanical observance of the Sabbath leads to Sabbathbreaking.—Quarterly Review.

BURNS.

THIS extraordinary man, before he produced any of the pieces on which his fame is built, had educated himself abundantly; and when he died, at the age of thirty-seven, knew more of books, as well as of men, than fifty out of a hundred in any of the learned professions in any country of the world are ever likely to do.-Ibid.

THE ETTRICK SHEPHERD.

WHEN the Ettrick Shepherd was first heard of, he had indeed but just learned to write, by copying the letters of a printed ballad, as he lay watching his lock on the mountains; but thirty years or more have passed since then, and his acquirements are now such, that the Royal Society of Literature, in patronizing him, might be justly said to honour a laborious and successful student, as well as a masculine and fertile genius. We may take the liberty of adding, in this place, what perhaps may not be known to the excellent managers of that excellent institution, that a more worthy, modest, sober, and loyal man does not exist in his majesty's dominions than this distinguished poet, whom some of his waggish friends have taken up the absurd fancy of exhibiting in print as a

upon the Duke. The latter inquiring. the cause of this unusual circumstance, was answered "This greyhound fondles and pays his court to you this day as King of England, which you will surely be, and I shall be deposed."

To return to Flint Castle. After the civil wars under Charles I. it was ordered to be dismantled; but, among other rights, it was restored to Sir Roger Mostyn, after the Restoration, in whose family it is still vested, though the mayor of the borough acts as its constable.

SPIRIT OF THE

Public Journals

WEBER AND DER FREISCHUTZ.

IN 1821, the newly-erected Royal Opera at Berlin was opened with "Der Freyschütz." The effect produced by the first representation of this romantic opera, which we shall never cease to regard as one of the proudest achievements of genius, was almost unprecedented. It was received with general acclamations, and raised his name at once to the first eminence in operatic composition. In January it was played in Dresden, in February at Vienna, and everywhere with the same success.Weber alone seemed calm and undisturbed amid the general enthusiasm. He pursued his studies quietly, and was already deeply engaged in the composition of a comic opera, "The Three Pintos," never completed, and had accepted a commission for another of a romantic cast for the Vienna stage. The

text was at first to have been furnished by Rellstab, but was ultimately written by Madame de Chezy, and written in so imperfect and impracticable a style, that, with all Rellstab's alterations never had a musician more to contend with than poor Weber had to do with this old French story. As it is, however, he has caught the spirit of the tale. "Dance and Provençal song, and vintage mirth" breathe in his melodies; and although a perplexed plot and want of interest in the scene greatly impaired its theatrical effect, the approbation with which it was notwithstanding received by all judges of music on its first representation in Vienna (10th Oct. 1823) sufficiently attested the triumph of the composer over his difficulties. He was repeatedly called for and received with the loudest acclamations. From Vienna, where he was conducting his Euryanthe, he was summoned to Prague, to superintend the fiftieth representation of his

"Freyschütz." His tour resembled a triumphal procession; for, on his return to Dresden, he was greeted with a formal public reception in the theatre.

But while increasing in celebrity, and rising still higher, if that were possible, in the estimation of the public, his health was rapidly waning, amidst his anxious and multiplied duties. "Would to God," says he in a letter written shortly afterwards-" Would to God that I were a tailor, for then I should have a Sunday's holiday!" Meantime a cough, the herald of consumption, tormented him, and "the slow minings of the hectic fire" within began to manifest themselves more visibly in days and nights of feverish excitement. It was in the midst of this that he accepted the task of comTheatre. posing an opera for Covent Garden

His fame, which had gradually made its way through the North of Germany (where his Freyschütz was played in 1823) to England, induced the managers to offer him liberal terms for well-known fairy tale on which Wieland an opera on the subject of Oberon, the has reared his fantastic, but beautiful and touching comic Epos. He received the first act of Planché's manuscript in December, 1824, and forthwith began his labours, though he seems to have thought that the worthy managers, in the short time they were disposed to allow him, were expecting impossibiliwards its composition, on Weber's part, ties, particularly as the first step towas the study of the English language itself, the right understanding of which, Weber justly considered as preliminary ephemeral verses to his own immortal to any attempt to marry Mr. Planché's music. These exertions increased his weakness so much, that he found it necessary to resort to a watering-place in the summer of 1825. In December he returned to Berlin, to bring out his Euryanthe there in person. It was received, as might have been anticipated, with great applause, though less enthusiastically than the Freyschütz, the wild and characteristic music of which, came home with more intensity to the national mind. After being present at two representations, he returned to his labours at Oberon.

The work, finally, having been completed, Weber determined himself to be present at the representation of this his last production. He hoped, by his visit to London, to realize something for his wife and family; for hitherto, on the whole, poverty had been his companion. Want had, indeed, by unceasing exertion, been kept aloof, but still hovering

near him, and threatening with the decline of his health, and his consequent inability to discharge his duties, a nearer and a nearer approach. Already he felt the conviction that his death was not far off, and that his wife and children would soon be deprived of that support which his efforts had hitherto afforded them. His intention was to return from London by Paris, where he expected to form a definitive arrangement relative to an opera which the Parisians had long requested from him.

On the 2nd of March he left Paris for England, which he reached on the 4th amidst a heavy shower of rain-a gloomy opening to his visit. The first incident, however, that happened after his arrival, showed how highly his character and talents were appreciated. Instead of requiring to present himself as an alien at the Passport Office, he was immediately waited upon by the officer with the necessary papers, and requested to think of nothing but his own health, as everything would be managed for him. On the 6th he writes to his wife from London:

"God be thanked! here I sit, well and hearty, already quite at home, and perfectly happy in the receipt of your dear letter, which assures me that you and the children are well; what more or what better could I wish for? After sleeping well and paying well at Dover, we set out yesterday morning in the Express coach, a noble carriage, drawn by four English horses, such as no prince need be ashamed of. With four persons within, four in front, and four behind, we dashed on with the rapidity of lightning, through this inexpressibly beautiful country: meadows of the loveliest green, gardens blooming with flowers, and every building displaying a neatness and elegance which form a striking contrast to the dirt of France. The majestic river, covered with ships of all sizes (among others, the largest ship of the line, of 148 guns), the graceful country houses, altogether made the journey perfectly unique."

He took up his residence with Sir George Smart, where everything that could add to his comfort, or soothe his illness, had been provided by anticipation. He found his table covered with cards from visiters who had called before his arrival, and a splendid pianoforte in his room from one of the first makers, with a request that he would make use of it during his stay.

"The whole day," he writes to his wife, "is mine till five-then dinner, the theatre, or society. My solitude in Eng

land is not painful to me. The English way of living suits mine exactly; and my little stock of English, in which I make tolerable progress, is of incalculable use to me.

"Give yourself no uneasiness about the opera (Oberon), I shall have leisure and repose here, for they respect my time. Besides, the Oberon is not fixed for Easter Monday, but some time later; I shall tell you afterwards when. The people are really too kind to me. No king ever had more done for him out of love; I may almost say they carry me in their arms. I take great care of myself, and you may be quite at ease on my account. My cough is really a very odd one; for eight days it disappeared entirely; then, upon the 3rd (of March) a vile spasmodic attack returned before I reached Calais. Since that time it is quiet again. I cannot, with all the consideration I have given it, understand it at all. I sometimes deny myself every indulgence, and yet it comes. I eat and drink every thing, and it does not come. But be it as God will.

"At seven o'clock in the evening we went to Covent Garden, where Rob Roy, an opera after Sir Walter Scott's novel, was played. The house is handsomely decorated, and not too large. When I came forward to the front of the stage-box, that I might have a better look of it, some one called out, Weber! Weber is here!—and although I drew back immediately, there followed a clamour of applause which I thought would never have ended. Then the overture to the Freyschütz was called for, and every time I showed myself the storm broke loose again. Fortunately, soon after the overture, Rob Roy began, and gradually things became quiet.— Could a man wish for more enthusiasm, or more love? I must confess that I was completely overpowered by it, though I am of a calm nature, and somewhat accustomed to such scenes. I know not what I would have given to have had you by my side, that you might have seen me in my foreign garb of honour. And now, my dear love, I can assure you that you may be quite at ease, both as to the singers and the orchestra. Miss Paton is a singer of the first rank, and will play Reiza divinely; Braham not less so, though in a totally different style. There are also several good tenors; and I really cannot see why the English singing should be so much abused. The singers have a perfectly good Italian education, fine voices, and expression. The orchestra is not remarkable, but still very good, and the