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quence, and on which the argument duce, when a given capital had been appears to us to lie in so small a expended in improving it.” But this compass, that we are anxious to is merely repeating the former argustate the question to our readers, and ment, that the landlord will monoendeavour to counteract the influence polize the increased profits of capiof what we consider a pernicious so- tal employed in agriculture; and not phistry in the reviewer.

denying that additional capital will We are quite ready to allow, that be employed : and as every bargain tithes are not taxes paid by either is a collision of judgment on the sublandlord or tenant, for both have ject of it, we should much doubt purchased their respective interests whether landlords would always in the land liable to the annual out- judge better than tenants, of the imgoing of one-tenth of its gross pro- provements to be made, and capital duce, and have paid a proportion-employed, and profit reaped thereably less purchase money. Nor shall from. For the landlord's rent is a we at all object to the amount of the condition to be settled à priori, not, -revenue obtained for the church es like the tither's demand, to be made tablishment. But we cannot there- à posteriori. But the Reviewer seems fore admit that this mode of obtain- to intend to exclude this argument ing it does “not diminish perma- by putting, in the sentence above nently the profits of the occupier” cited, the word average crop in italics. of the soil, and consequently his sti- This, however, would be entirely mulus for the improvement of it. begging the question: for it is the The argument of the Reviewer is, opposition which tithes make to imthat when the landlord lets a farm, provement on the average crop which he calculates the capital which the is the question in dispute. Having tenant is to employ, and the profits thus endeavoured to clear the way, he is to make on its employment; we will now proceed to show how and that, therefore, if tithes were necessarily and how extensively abolished, the landlord would re- tithes do prevent improvement, and quire more rent, not only on account consequently restrict the power of of the tenth more produced, but in the country to raise subsistence for consideration of the greater profit its inhabitants. We shall reduce the which the farmer would make in his matter to its simplest form by limitcapital. P. 545-6. Now this ap- ing the inquiry to one year, and the pears to us to be admitting the prin- employment of a hundred pounds of ciple, that greater profits on capital additional capital in improvement of would be made, though monopolized agriculture on a tithe-free and titheby the landlord: and to the public at able farm. As the simplest mode of large it would not signify by whom improvement and therefore liable the profit was made, if it only be to the least objection in the calculamade, and consequently a greater tion), let it be by the employment of produce be raised from the total soil an additional number of labourers. of the country. But, again, it is as- As at the end of the year the hundred serted in the same page, “ Let the pounds will be quite gone, the farmer subject be twisted how it may, the on a tithe-free farm must expect an abolition of tithes, or a partial reduc- increased gross produce worth one tion of their amount, would not, un- hundred and eight pounds-namely, der any circumstances, increase per- a hundred to replace the capital, four manently the average profits of the pounds for the common interest, and capital employed in agriculture." four pounds more to make up the How this assertion is reconcileable common trading interest. With this with the former admission, we do he will be satisfied; and the country not know—but it is coming to issue. will be richer by one hundred and The only reason assigned for the as- eight pounds more of produce. But sertion is, that if “no claim for tithes if a farmer on the titheable land were existed, to the demand of the land- to make the same calculation, he lord for rent would be added the would be miserably deceived: for of money value of the tenth portion of the hundred and eight pounds' worth the average crop, which the land in a of additional gross produce the tither certain number of years would pro- would take ten pounds sixteen shilJings, leaving him ninety-seven slower in the whole progress of civi

pounds four shillings to replace his lization than England, from which hundred pounds expended, and no- she was content to borrow every imthing at all for interest. Is it not provement, even to her acts of legisobvious, therefore, that on the tithe fation; which, in rival and often hosable farm no such improvement will tile nations, was least to be expectin fact be made, and that the tithing ed. To the time of the Reformation system must continually be repress- this order of improvement was obing improvement ? and therefore served ; and, since that period, Enrestricting the power of the country gland has still kept the lead in every to maintain its inhabitants ?

branch but that of agriculture; and • The next question is with regard in that, and that alone, Scotland to the extent of that repression and leads and keeps the lead: and why? restriction. And this is not diffi- because, at the Reformation, tithes cult to approximate. For, in the case were swept away in Scotland and we have supposed, the farmer of retained in England. In adducing titheable land, in order to be on a the fact, we protest against any in par of profits with the farmer on putation of our approving the rob tithe-free land, must abstain from all bery of the church at the Reforma improvements which will not in- tion, in either kingdom. In England, crease the gross produce a hundred it was committed by one rapacious and twenty pounds: for then only tyrant; in Scotland, by the rapacity would the deduction of the tenth of the nobles. But, in England, leave him his capital of a hundred the Reformation having been begun pounds and his trading interest of by the King, and in Scotland by the eight pounds. The obstruction to people, the more immediate interests improvement, therefore, on titheable of the people were totally overlooked and tithe-free land, is, apparently, in in the first kingdom, and promoted the proportion of ten to nine; but the in the second by that violence and real proportion is much greater; for injustice which so often characthe quantity of inferior land is so terize reforms that are extorted much greater than that of good, that from a reluctant government. But of three acres to be improved it in order for England to have the adis more probable that two will be vantage, it is not requisite that she made capable of the lower rate of should imitate the atrocities by which additional produce than that one will Scotland procured it. Let the peobe made capable of the higher rate; ple of England have the legal means in that case, the obstruction to im- of purchasing from the church what provement on titheable land will be Scotland partly pretended to purdouble the obstruction on tithe-free chase and principally forced from it, land:--and, in many cases, the ob- and we shall soon see an extensive 'struction will become a total pre improvement in the country at large; vention of improvement. Whether and, we doubt not, also an increase in the land be let to farm, or occupied the revenues of the church; and an by the proprietor, is obviously of no incalculable increase in its moral and consequence ; the reasoning and cal- religious influence, from removing all culation applying equally to both hostile interests between the pastor .cases :--and therefore we may throw and his flock. out of the question all the compari- . We have no room to discuss the -son of the shares of profits from the means of remuneration to the church; produce of soil, to be adjusted be- but we think it could not be very tween landlord and tenant.

difficult to show, that a per-centage But it may be asked, is this cal- on rents, instead of a tithe on pro'culation really and generally made? duce, would obviate most of the oband does it operate in the degree jections to a commutation; and, which is here supposed? There are when the object is of snch paramount two kingdoms at hand to answer the importance, trivial objections should question. Scotland, as far back as not be allowed to prerail. history extends, seems to have been

A PEN AND INK SKETCH
OF
OF A LATE TRIAL FOR MURDER,

IN

A Letter from Hertford.
BY EDWARD HERBERT, ESQ.

-As I stand here,- SAW THEM!-Macbeth.

To the Editor of the London Magazine.

Hertford, Jan, 1824. ing by myself, I am sure you and Dear Sir,--By this time I fear your readers would be fairly tired out, you will have become heartily wea- if you were compelled to undergo ried of the names of Thurtell, Pro- Mr. Hunt's confession, first poured bert, and Hunt, upon which the from his own polluted lips, and then London newspapers have rung the filtered through Mr. Upson, Mr. changes so abominably; I fear this, Beeston, Mr. Symonds, and a host of --because, having consented to give those worthy Dogberrys of Hertfordyou a narrative of the Trial of these shire, who had an opportunity of wretched, and hardened men, with “ wasting all their tediousness upon the eye of a witness, and not the his Lordship.” It is well for the prihand of a reporter; and having in soner that Inquiry goes about her buconsequence of such consent borne siness so tiresomely and thoroughly, up an unfed body with an untired but to the hearer and the reader her spirit for two days, against iron rails love of “a twice-told tale” is enough and fat men, I tremble lest all my to make a man forswear a court of treasured observations should be justice for the rest of his life! I do thrown away, and my long fatigue believe that no man of any occupaprove profitless to my friend. On tion would become a thief, if he were consideration, however, I have with fully aware of the punishment of stood my fears, and have determined listening to the “ damnable iteration" not to abandon my narrative ;-in of his own trial. In the present case, the first place, because the news- we had generally three or four witpapers have given so dry a detail of nesses to the same fact. It is strange the evidence as to convey no picture that, solitary as the place was, and of the interesting scene,-and se- desperate as was the murder,--the condly, because in a periodical actors, the witnesses,--all, but the work like the London MAGAZINE, poor helpless devoted thing that pewhich ought to record remarkable rished, were in clusters! The murevents as they pass by, a clear ac- derers were a cluster! The farmer count, not made tedious, as far as that heard the pistol had his wife possibly can be avoided, by repeti- and child, and nurse with him ; there tions and legal formalities, may be were two labourers at work in the interesting not only to the reader of lane on the morning after the dreadthis year, but to the reader of twenty ful butcher-work: there was years hence !-if at that extremely merry party at the cottage on the distant period readers should exist- very night, singing and supping, and the Roxburghe Boys should then, while Weare's mangled carcass was as now, save old books from the lying darkening in its gore, in the cheesemonger and the worm ! neighbouring field ; there were hosts

It is my intention, good my master, of publicans and ostlers, witnesses of to give you the statements only of the gang's progress on their bloodthose persons from whose mouths journey; and the gigs, the pistols, you will best get the particulars of even the very knives ran in pairs ! the murder, and of the circumstances This is curious at least; and it seems preceding and following it; for, judg- as though it were fated that William Feb. 1824.

M

a

Weare should be the only solitary in the news about a baddish murobject on that desperate night, when der.” We exchanged coach-converhe clung to life in agony and blood, sation sparingly, and by fits, as usual. and was, at last, struck out of exist- The Sunday press was on my side ence as a thing single, valueless, and (the only time in my life), and the vile!

baronet sat pumping it slily of all its I shall, as I have promised, avoid watery gossip; while the Hoddesrepetition; and, when you have read don body, at the same time, occaMr. Gurney's statement for the pro- sionally kept craftily hitting at the secution, which very perspicuously character of a person, whom he dedetails the case, as afterwards sup- clared to have known abroad, and ported by evidence,-Probert's heart- who bears the evil repute of lending less narration, and his wife's hard- his aid to our fellow traveller's paper. wrung words; I shall call no other We dropped our fourth at Hoddeswitnesses—for none other will be ne- don, and pretty well played dummy cessary to satisfy the reader. After the rest of the journey. these I shall br.i speak of what I The moment I arrived, I called saw: I shall but turn my eye to that upon the friend who was to give me green table, which is now and will a bed for the night; a gift which, ever be before me, and say what on these occasions, innkeepers and thereon I beheld ! I shall but, in the housekeepers are by no means in the good impressive words of the crier to habit of indulging in; and I found the jury, “ look upon the prisoners;" him with a warm fire, and a kettle and describe that one strong desperate singing, aye,-more humanely than man playing the hero of the tragic Hunt. I soon dispatched the timely trial, as at a play; and show his refreshment of tea, for during it, I wavering weak comrade, a baby's learnt the then strange news of ProTurpin ! visibly wasting by his side, bert having been admitted evidence in the short space of eight-and-forty for the crown, and of his being at hours ! You want to see the trial, you that very moment before the grand say, not to read of it: Oh! that I jury undergoing his examination. I could draw from the life with the pen hastened to the Town Hall (a poor (your pen and ink drawings are the pinched-up building, scarcely big only things to make old masters of enough to try a well-grown petty, you)! Then would I trace such lines larceny in) and found there the usual as should make the readers breathless assize scene; a huddled cold crowd while they read, and render a New- on a dim stone staircase,-a few men gate-Calendarian immortal! It was, of authority, with their staves and in spite of what a great authority long coats, thence called javelin men ; has said, an unimprovable horror! patient oglers of hard-hearted doors,

You remember how we parted red cloaks, plush breeches, and velwhen I left your hospitable table, to veteen jackets and with all these take my place in the Hertford coach, the low hum of country curiosity ! on the cold evening of the 5th of On approaching the door of the grand December; and how you enjoined jury room, wherein stood that bad me to bear a wary eye on the mor- but not bold man, Probert, I met row's trial. I promised you fair. with a legal friend under whose wing Well. I had strange companions in I was to be conducted into the court. the coach with me, a good-looking He was in some way concerned in the middle-aged baronet, who was going trial; and the first words he accosted to Hertford upon speculation; a me with were “ Well ! Probert is young foolish talkative reporter who in that room !” The dimness of the was travelling with all the import- place helped his sudden words, and I ance of a Sunday newspaper en- looked at the door that parted me circling him, and who had a dirty from this wretch, as though it were a shirt on his back, and a clean memo- glass through which I could see Prorandum book tied up in his pocket bert himself darkly. I waited,--the handkerchief ;-all his luggage! And door opened for the eighth of an inch a gentleman of about thirty who was - then arose the murmur and cry, going to his house in Hoddesdon, « Probert is coming out!” No! It never having heard of the trial !“not was only to tell some inveterate tapbut what he had read something ster that he could not be admitted

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Another pause--and in the middle of and see the ironed men restless withan indifferent conversation, my friend in ;-Thurtell rehearsing his part for exclaimed—“There - there goes Pro- the morning's drama, with the love bert!” And I saw an unwieldy bulk of infamous fame stimulating him to of a man sauntering fearlessly along correctness ;--(for I was told that (he was now safe!) and sullenly pro- evening that he was to make a great ceeding to descend the stairs. I display;) and Hunt cowering in his rushed to the balustrade--and saw cell, timorous of fate,—while Prothis man, who had seen all! go step bert, methought, was steeping his by step quietly down,-having just hideous senses in the forgetfulness of sealed the fate of his vicious asso- sleep-for when such men are safe, ciates (but his associates still) and they can sleep as though their hearts returning, with his miserable life in- were as white as innocence or virflicted upon him, to clanking irons tue ! and a prison bed. He was dressed in We were up early in the morning, black, and had glores on:—But and breakfasted by candlelight ;through all these, I saw the creature with a sandwich in my pocket I of Gill's Hill Lane-I saw the mis- sallied forth to join my legal friend, creant that had held the lantern to who had long been dressed, and was the ritled pocket, and the gashed sitting at his papers and tea, in all throat,—and I shuddered as I turned the restlessness of a man whose mind away from the staircase vision ! defies and spurns at repose while

On this night the lovers of sleep any thing remains to be accomplishwere sadly crossed in their love, ed.-We were in court a little after for there was a hum of men through- eight o'clock-but as you know that out the streets all the dead-long on this day the trial was postponed, night,-broken only by the harsher I shall not here describe the scene, grating of arriving chaises and car- but shall reserve my description of riages, which ceased not grinding the prisoners for the actual day of the gravelled road and vexing the trial, to which I shall immediately jaded ear till morning. The inn- proceed.-1 should tell you that I keepers and their servants were up saw Mrs. Probert for a few minutes all night, looking out for their prey; on this day, and was surprised at her and very late into the night, ser- mode of conducting herself, having vant-maids with their arms in their heard, as I knew she had, of her aprons, and sauntering lads, kept husband's safety. awake beyond nine by other men's Immediately that the trial was guilt, were at doors and corners, adjourned I secured a place in the talking of Thurtell and his awful coach, and returned to London. The pair ! Gaping witnesses too were celebrated Mr. Noel was on the roof, idling about Hertford town, dispere -and my companions inside were sing with potent beers and evil spirits, an intelligent artist and craniologist, as well as they were able, the scanty who had been sketching and examiwits and frail memories which Pro- ning the heads of the prisoners,-and vidence had allotted to them. The a tradesman from Oxford-street, who buzz of conversation, amidst all and had been frightened out of his wits in all places, was a low murmur, but and Hertford, by hearing that picof “ Thurtell”_" Miss Noyes ” tures of Gill's Hill Cottage were ac“ Probert "_" Mrs. Probert”—and tionable, for he had brought “ some “ Hunt.” You heard one of these very good likenesses of the Pond to names from a window-or it came sell," and been obliged to take thein from under a gateway,-or over a

out of the window of the Seven Comwall,-or from a post,-or it met you passes, almost the very moment they at 'a corner! these vice-creatures were placed there! From this Dewere on all lips--and in no hour be- cember day to the 5th of Januarytwixt the evening and the morning all the agitation of the public press was their infamy neglected to be ceased--and murder had no tongue tolled upon the night !—The gaol, to until the day on which it was priviwhich I went for a few minutes, leged to speak. looked solemn in the silence and the To the day of trial therefore I gloom ;--and I could not but pierce come ;-for 1 compelled my curiosity with my mind those massive walls, to slumber the ordered sleep of the

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