o the establishment held a public office, and ought to take the test. The paper being presented to the mastiff, he refused to swallow the same unless it was rubbed over with butter. Being a second time tendered, buttered as above mentioned, the dog swallowed it, and was next accused and condemned, for having taken the test with a qualification, as in the case of Argyle!"

THE DOG OF HERIOT'S HOSPITAL. There is "An Account of the Arraignment, Tryal, Escape, and Condemnation of the DOG of Heriot's Hospital in Scotland, that was supposed to have been hang'd, but did at last slip the halter."

From this exceedingly rare folio paper of two pages, "Printed for the author, M. D. 1682," now before the editor of the Every-Day Book, he proceeds to extract some exponences in the case of "the dog of Heriot's hospital," by which "the reasoning of the crown lawyers," in the case of the duke of Argyle, was successfully ridiculed.

Its waggish author writes in the manner of a letter," to show you that the act, whereby all publick officers are obleadged to take the Test is rigorously put in execution; and therby many persons, baith in Kirk and State, throughout the haill Kingdome," by reasone they are not free to take the said Test, are incontinently turned out of their places."

He then relates that this severity occasioned "the loune ladds belonging to the hospittal of Hariot's Buildings in Edenbrough, to divert themselves with somewhat like the following tragi-commedy."

He proceeds to state, that they "fell intil a debate amongist themselves, whither or no, ane mastiffe Tyke, who keept the outmost gate, might not, by reasone of his office of trust, come within the compass of the act, and swa, be obleadged to take the Test, or be turned out of his place."

In conclusion, "the tyke thereupon was called, and interrogat, whither he wold take the test, or run the hazard of forfaulting his office."

Though propounded again and again, "the silly curr, boding no ill, answered all their queries with silence, whilk had been registrat as a flat refusal, had not on of the lounes, mair bald then the rest, taken upon him to be his advocat, who

standing up, pleaded that silence might as wel be interpreted assent, as refusal, and therupon insisted that it might be tendered to him in a way maist plausible, and in a poustar maist agreeable to his stomack."

The debate lasted till all agreed "that ane printed copy should be thrumbled, of as little boulke as it could, and therafter smured over with tallow, butter, or what else might make maist tempting to his appetit: this done he readily took it, and after he had made a shift, by rowing it up and down his mouth, to separat what was pleasant to his pallat, and when all seemed to be over, on a sudden they observed somehat (ilke piece after another) droped out of his mouth, qwhilk the advocats on the other side said was the test, and that all his irksome champing and chowing of it, was only, if possible, to seperat the concomitant nutriment, and that this was mikel worse then an flat refusal, and gif it were rightly examined, would, upon Tryal, be found no less then Leising-making."

The tyke's advocate "opponed, that his enemies having the rowing of it up, might perhaps (through deadly spite) have put some crooked prin intil it; and that all the fumbling and rowing of it up and down his mouth, might be by reason of the prin, and not through any scunnering at the test itself; and that there was nought in the hail matter, that looked like Leising-making, except by interpre tation, and his adversaries allowed to be the only interpreters." Finally, he required that his client should have a fair trial before competent judges, “qwhilk was unanimously granted;" and on the trial "ther fell out warm pleading."

The advocates against the tyke set forth, "that he was ou'r malapert, to take so mikel upon him; and that the chaming and cherking of the test belonged nought to him, nor to none like him, who served only in inferior offices; that his trust and power reached nought so far, and by what he had done, he had made himself guilty of mair nor a base refusal as was libelled."

Those who defended the tyke, pleaded "that he could be guilty of nather, since he had freely taken it in his mouth, willing to have swallowed it down; and that ther was no fault in him, but in its self, that passed not; since it fell a sqwabeling, one part of it hindering another: that if it would "have agreed in its self,

to have gone down all one way, he wold blaithly swallowed it, as he had done many untouthsome morsel before, as was well known to all the court."

To this was answered, that "all his former good service could not excuse his present guilt."

"Guilt!" quoth another, "if that be guilt he hath many marrows, and why should he be worse handled than all the rest?"

Notwithstanding what was urged in the tyke's behalf, the jury found he had so mangled the test, and abused it, that it was "interpretative treason," and found him "guilty of Leising-making:" wherefore he was ordered to close prison till he should be again called forth and receive sentence "to be hanged like a dog."

While he was removing from the court, there chanced "a curate" to be present, and ask, "what was the matter, what ailed them at the dog?" whereto one answered, "that he, being in publick trust, was required to take the test, and had both refused it and abused it, whereupon he was to be hanged," whereat the curate, storming, said, "They deserved all to be hanged for such presumptuous mockery," but the boys, laughing aloud, cried with one consent, that "he, and his brethren, deserved better to be hanged than any of them, or the tyke eather, since they had swallowed that which the tyke refused."

The verdict created no small dissension; "some suspected deadly fewd in the chanselor of the jury, alleadging that ane enemy was not fit to be a judg; this was answered, that he was of more noble extract then to stain his honor with so base an act, and that his own reputation wold make him favored; another objected that a tyke's refusing so good a test, might be ill example to creatures of better reason; to this a pakie loun answered, that it could not be good, since Lyon Rampant, King of Tykes, nor none of his royal kin, wold not so much as lay ther lips, to it far less to swallow it, and there

fore

Here the speaker was interrupted "by one that was a principal limmer among them (a contradiction reconciler) who would needs help him with a logical distinction, wherby he, like an Aberdeen's man, might cant and recant again."

There were other conjectures, "requiring the judgment of the learn'd to determine which has been maist suitable :" e. g.

One fancied, that "the tyke might take

the test secundum quid, though not simpliciter;" "in

Another, that he might take it sensu diviso, though not in sensu composito ;"

A third, that" though it was deadly to take it with verbal interpretatione, yet it might be taken safe enough with mental reservatione ;"

A fourth thought, that "though his stomach did stand at it, in sensu univoco, yet it might easily digest it in sensu et æquivoco;"

In this manner suppositions multiplied, and to one who proposed a "jesuitical distinction, it was answered, that "the tyke would neither sup kail with the div'l, nor the pope, and therefore needed not his long spoon; well, said ane other, this is mair nor needs, since we are all sure that the tyke could not have kept his office so long, but he most needs have swallowed many a buttered bur before this time, and it was but gaping a little wider and the hazard was over."

"Nay," quoth his neighbour, "the hazard was greater than ye imagine, for the test, as it was rowed up, had many plyes and implications in it, one contrary to another; and swa the tyke might been querkened ere it had been all over, ilk ply, as it were, rancountering another, wresling and fighting."

Then it was proposed, as the tyke had actually swallowed the better part, if not the whole test, that though he had brought it up again, yet it were better to try if he would swallow it again; "but this project was universally rejected, baith by the maist charitable, as bootless, and by the mair severe, or too great a favor."

As regarded the condemned tyke, "matters being thus precipitat, and all hopes of reprieve uncertain, a wylie loun advised him to lay by the sheep's (which had done him so little good) and put on the fox's skin;" wherefore, like a sensible dog, "hiding his own tail between his legs, and griping another's train, he passed through all the gates undiscovered and swa was missing

'Thus he was forc'd when right did fail,
To give them the flap with a fox's tail.'

What became of him was unknown, and “the news of the tyke's escape being blazed abroad, the court assembleth to consult what was then anent to be done."

fact, he must naturally have taken into account, that such an institution in the metropolis of Scotland would derive contributions from other sources, and flourish, as it yet flourishes, a treasure-house of charity.

The prudent and calculating foresight by which Heriot rendered his fortune splendid, was exercised in deliberating the management of the inmates on his projected establishment. He had the wisdom to distrust the quality of his judgment on matters wherein his observation and knowledge were necessarily limited, and committed the drawing up of the statutes to his friend Dr. Balcanquel. There is no evidence to what extent the founder himself had any share in these rules for effectuating his intentions; but when the age wherein they were compiled is regarded, it will scarcely be alleged that he could have elected from his friends, a better executor of the best of his good wishes.

The acquisition of such experience as Dr. Balcanquel's, in his capacity of master of the Savoy, is strong testimony of Heriot's discrimination and manly sense. The statutes of Dr. Balcanquel, who had assisted at the synod of Dort, and was successively dean of Westminster and Durham, are free from the overlegislating disposition of his times, which while it sought to distinguish, confused the execution of purposes. To the liberal laws, and the liberal spirit wherein they have been interpreted, some of the most highly-gifted natives of Edinburgh owe the cultivation of their talents.

Each of the windows of Heriot's hospital is remarkable for being ornamented in a different manner, with the exception of two on the west side whereon the carvings exactly agree. The north gate is adorned with wreathed columns, and devices representing the modes of working in the business of a jeweller and goldsmith.*

Heriot's boys, with a daring which seems to require some check, on account of its risk, and the injury it must necessarily occasion in the course of time, have a practice of climbing this front by grasp ing the carvings. The insecurity of this progress to a fearful eminence, has surprised and alarmed many a spectator frae the south."

Gentleman's Magazine.

Inscriptions of various benefactions are placed in the council-room. There is one which records the liberality of a wellknown gentleman, viz.

1804

Dr. John Gilchrist, several Years Professor of the Hindostanee Language in the College of Fort William, Bengal, presented 100l. sterling to this Hospital, as a small testimony of Gratitude for his Education in so valuable a Seminary.

There are several engravings of his portrait. One of them by J. Moffat, Edinburgh, engraved in 1820, after a picture by Scougal, in the council-room of the edifice, is inscribed "GEORGE HERIOT, Jeweller to King James VI., who, besides founding and endowing his stately hospital at Edinburgh, bequeathed to his relations above 60,000l. sterling. Obiit. 1623. Etatis Anno 63." His arms on this print are surmounted by the motto, "I distribute cheerfully."

In the "Fortunes of Nigel," by the author of "Waverely," Heriot is introduced, with a minute description of his dress and person, seemingly derived from real data, whereas there is little other authority for such markings, than the imagination of the well-known "Great Unknown."

The striking magnificence of Heriot's hospital is recorded by an expression of too great force to be strictly accurate. It was observed by a foreigner, before the palace of Holyrood-house was built by Charles II., that there was at Edinburgh' a palace for beggars, and a dungeon for kings.*

CHRONOLOGY.

On the fifth of June, 1826, Carl Maria Von Weber, the eminent musical composer, died in London, of a long standing pulmonary affection, increased probably by the untowardness of our climate. He gave a concert ten days before, wherein he composed an air,

* Gentleman's Magazine.

SONG.

From Lalla Rookh.

From Chindara's warbling fount I come,
Call'd by that moonlight garland's spell;
From Chindara's fount, my fairy home,
Where in music, morn and night, I dwell.
Where lutes in the air are heard about,
And voices are singing the whole day long,
And every sigh the heart breathes out
Is turn'd, as it leaves the lips, to song!
Hither I come

From my fairy home,

And if there's a magic in Music's train,
I swear by the breath

Of that moonlight wreath,
Thy lover shall sigh at thy feet again.

For mine is the lay that lightly floats,
And mine are the murmuring, dying notes,
That fall as soft as snow on the sea,
And melt in the heart as instantly!
And the passionate strain that, deeply going,
Refines the bosom it trembles through,
As the musk-wind over the waters blowing,
Ruffles the waves, but sweetens it too!
So, hither I come
From my fairy home,
And if there's a magic in Music's strain,
I swear by the breath

Of that moonlight wreath,
Thy lover shall sigh at thy feet again.

These words seem to have been kindred to Von Weber's feelings. His last opera was "Oberon :" its performance at Covent garden derives increased interest from his premature decease. Mr. Planché adapted it for our stage, and published it as represented and superintended by its illustrious composer. There are two genuine editions of this drama, one in octavo, at the usual price, and the other in a pocket size, at a shilling, with an excellent portrait of Von Weber.

NATURALISTS' CALENDAR. Mean Temperature ... 57 72.

June 6.

IMPORTANT TO ANGLERS.

To the Editor.

The Every-Day Book has presented a More striking view of the changes of manners and customs than any book which has gone before it; yet even the editor himself, I think, never dreamed of this

walkers on the earth to the inhabitants of "the waters which are under the earth.”

How little do men dream, when they are advocating the cause of any class of people, in what manner those very people shall repay their services. Poor Izaak Walton! He cried up anglers as the very perfection of human nature. They were the most meek, loving, and patient of God's creatures. They were too much imbued with nature's tranquillizing spirit to be ambitious; too excellent christians to be jealous; and all this, good, simplehearted fellow as he was, because he was such a man himself. I have naturally great faith in the influence of nature, and, therefore, though I never could resist a smile at Izaak's zealous eulogies on the calling all times, people, and places, to do honour to it; pressing kings, prophets, apostles, and even Jesus Christ himself, into the ranks of his admired anglers yet, I involuntarily permitted his warm and open-1 -hearted eloquence to more than half persuade me of the superior natures of his piscatorial protegées; in short, that they were such men as himself.

art

In one of my summer rambles through the peak of Derbyshire I entered Dovedale. It was in June, and on one of the most delightful evenings of that delightful month. There had been rain in the day, and the calm splendour of the declining sun fell upon a scene not more fantastically sublime in its features, than it was beautiful in its freshness. The air was deliciously cool, balmy, and saturated with the odour of flowers. The deep grass in the bottom of the valley was heavy with its luxuriance. The shrubs waved and sparkled, with their myriad drops, upon lofty crags and stern precipices; and the Dove, that most beautiful of swift and translucent streams, went sounding on its way with a voice of gladness in full accordance with every thing around it. I have seen it many times, and the finest scenes, often seen, are apt to lose some of their effect,-yet I never felt more completely the whole fascination of the place. It put me, as such things are apt to do, into a ruminating and poetical mood,—a humour to soliloquize and admire, and to see things perhaps a little more fancifully than an etymologist, or a mathematician might.

It was exactly when that species of ephemera, the drake-fly, the glory of