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dictum, the singular sapience of which secured for him the sobriquet of 'Judge Thumbstick' to the day of his death.

The penalties for theft, too, were very high. "The fine for stealing a goose was 3 sols, the price of three cows; and for stealing a single bee from under lock and key, (the thief) was punished by (a fine of) the incredible sum of 45 sols!" It was not the stealing of the bee, we apprehend, that was thus severely punished, but the violation of the superior sanctity of lock and key to steal a hawk from a tree was punished by a fine of 3 sols only, from its perch 15, but from under lock and key 45:


"Even the honour and self-respect of the ingenuus were protected in the same manNo man could insult another by word or act without exposing himself to the penalties of the law. To throw a stone over another man's house for the purpose of insulting him cost 7, and afterwards 15 sols. To call an ingenuus a fox, or hare, or dirty fellow, or to say that he had thrown away his shield, cost 3 sols; to call a man a cheat cost 15 sols; to call him a wizard 62 sols. To call a woman a harlot, without being able to prove it, cost 15 sols; while to call her a witch (stria) rendered a man liable to the enormous penalty of 187 sols! or very nearly as much as if he had taken the life of a Frankish ingenuus."

According to most authorities, the word morganatic, as applied to a marriage in which it is stipulated that the woman and her children shall not enjoy the rank or inherit the possessions of her husband, is derived from the Gothic word morgjan, to "limit" or "shorten." In the following passage, however, which bears reference to the Salic Code, we have another origin suggested :

"Besides the dowry which was given before the marriage ceremony had been performed, it was customary for the husband to make his wife a present on the morning after the first night. This was called the morgengabe, or morning-gift, the presenting of which, where no previous ceremony had been observed, constituted a particular kind of connexion, called matrimonium morganaticum, or morganatic marriage."

Morgen, or Morgana, the name of the beneficent fairy who was fabled, in ancient British and Norman lore, to have tended the wounds of King Arthur in the Isle of Avallon, has also been suggested, but very fancifully, in our opinion, as the origin of the term.

Some of the provisions of the Salic Code were singularly anomalous :"The fine for adultery with a free woman was the same as for murder, 200 sols. Yet, singularly enough, the rape of an ingenua puella (free-born maiden) was only 624 sols; and where the connexion was formed spontanea voluntate, ambis convenientibus, (spontaneously and by mutual consent,) it was reduced to 45 sols."

All unions of this nature between free and bond, whether by marriage or otherwise, were prohibited by the severest penalties:

"The ingenuus who publicly married a slave fell ipso facto into slavery himself. If a free woman married a slave, all her property fell to the royal fiscus, and any of her relations might kill her with impunity. If any person gave her bread or shelter, he was fined 15 sols. The slave was broken on the wheel with the most excruciating tortures. Smaller offences against the modesty of an ingenua were also severely punished. To stroke her hand or finger, in an amorous manner, was a crime to be atoned for by a fine of 15 sols; if it was the arm, the fine was 30 sols, and if the bosom, 35 sols. Offences against the chastity of a female slave were considered chiefly in the light of an attack upon another man's property, and punished accordingly."

The Christian Church, as established among the Franks, forms the subject of the Eleventh Chapter. The following remarks relative to the adoption of many of the most absurd tenets of heathenism by the early Church, are probably as well-founded as they are interesting in an antiquarian point of view:

"Many writers have attempted to shew that much of the spirit of Greek and Roman mythology was brought at various periods into the Church by the policy of adaptation, consciously or unconsciously followed; and how many of the corruptions which still deform the Roman Catholic Church may be clearly traced to this polluted source! It is evident from the Frankish history of St. Gregory, from his Epistles, and from many other ecclesiastical records, that the existence of the heathen gods was not always denied by Christian believers, but that they were regarded as evil demons who imposed on the credulous to the destruction of their souls. Gregory makes no secret of his belief in all kinds of auspices, omens, and prodigies, and betrays throughout his history a simple and thoughtless credulity equalling anything to be met with in Herodotus or Livy. Among other methods of penetrating into futurity which he describes and made use of himself, were the Sortes Sanctorum, in which three of the sacred books -the Prophets, the Gospels, and the Epistles-were placed upon the altar, and an omen taken from the sense of the passages which first met the eye when the volumes were opened. On one occasion, he tells us, a shining star appeared in the middle of the moon; but what this magnum prodigium portended he confesses his inability to say. The plagues which desolated the country in the sixth century are all announced beforehand by præternatural appearances. These phænomena are of various kinds. Sometimes the household vessels of different persons are found to be marked with mysterious characters, which cannot by any means be effaced. Rays of light are seen in the north, three suns appear in the heavens, the mountains send forth a mysterious bellowing, the lights in a church are extinguished by birds, the trees bear leaves and fruit unseasonably, serpents of immense size fall from the sky; and among other signs,' he adds, 'appeared some which are wont to foreshadow the death of the king or the destruction of the country.'

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Some of the miraculous powers imputed to the relics of saints and martyrs imply a grossness of superstition, as the author remarks, which would appear inconsistent with the very lowest views of Christianity. Less, perhaps, for the reader's edification than for his amusement, we select the following instances:

"The people of Tours and Poictiers almost came to blows for the possession of the corpse of St. Martin, and among the arguments brought forward by the former in favour of their claim was this, that while the Saint had lived in Poictiers he had raised two dead men, while since he had been Bishop of Tours he had only raised one. What, therefore,' they added, he did not fulfil while alive, he must make up when he is dead.' So strong was the belief in the miraculous powers of relics, even when obtained in an unlawful manner, that Mummolus and Guntram-Boso actually stole a finger of the martyr Sergius."

A miracle, too, of another description:

"When Bishop Briccius of Tours, a man renowned for the purity of his life, was suspected by his flock of being the father of his laundress's new-born child, the bishop sent for the child, then thirty days old, and questioned it publicly. The child replied, Non es tu pater meus,' (Thou art not my father.)"

Whether it is more likely that the good bishop was a skilful ventriloquist, or that this was really one of the very few "wise children that know their own fathers," it would perhaps be presumptuous on our part to pretend to decide.

The crime of forgery was as rampant in the early Frankish days as it was some four hundred to a thousand years later; fictitious bulls and diplomata, in the absence of cheques and bank-notes, were the things that the learned artists exercised their abilities upon. Of the 360 Merovingian diplomata given by Brequigny (Dipl. Franc. 1791), no less than 130 are looked upon as false.

With the following instances of the fulsome servility of the otherwise

See GENT. MAG. for April, 1857, pp. 431, 2; for May, 1857, p. 596; and for June, 1857, p. 663.

haughty Merovingians to the dignified clergy, we conclude. No wonder that such a dynasty soon required Mayors of the Palace to do the work of governing for it :

"When Severin approached Clovis for the purpose of healing him, the king worshipped him-adoravit eum rex. When Germanus, bishop of Paris, had one day been made to wait too long in the antechamber of King Childebert, the latter was (naturally) taken ill in the night. The bishop was sent for, and when he came, ‘Rex adlambit sancti palliolum,'-The king licked the holy man's pall!"

Should the present volume "meet with any degree of public favour," Mr. Perry hopes to publish another on the Life and Times of Charlemagne. We sincerely hope that he will receive sufficient encouragement to induce him to carry out his laudable design. By way of parting advice, however, we would suggest that it would be as well to give translations of his Latin quotations. To illustrate an English text by notes more than one-half Latin, is in many instances to explain obscurum per obscurius, to "make darker what was dark enough before;" for it is not every Latin scholar even that is able to understand satisfactorily the crabbed and unclassical language of the Gesta Francorum, of Fredegarius, and of Gregory of Tours.




THERE are various ways of reaching Deal beach, where we consider our present day's excursion to commence. We may take a boat at either Ramsgate or Pegwell, stretch across the bay, and be landed on a low shingly point called Shell-ness or Shingle-end, where we find gay-coloured flowers and well-polished shells in equal profusion; or we may walk to Stonar-cut, (already mentioned as well on towards Sandwich a,) be there ferried over the Haven, and find ourselves in a marshy pasture overrun with wormwood, but soon changing as we make towards the sea into a sandy waste, which echoes under our feet-it being undermined by rabbits, whose burrows present a succession of pitfalls to the unwary pedestrian. We shall, however, by either of these courses lengthen our journey considerably, and therefore we save time by taking the railway to Sandwich, where we find ourselves betimes, and not more than two miles in a direct line from the sea.

We turn sharp to the right on leaving the station, and pass along the Mill-wall; we see on the left the great Norman tower of St. Clement's Church, apparently as firm as when its parson made his journey to London more than 500 years ago, to give evidence against the Templars; but the Castle, where the Bastard Faulconbridge withstood for a time the power of the House of York, has disappeared, as well as Sandown Gate, which stood near it. Beyond its site we find ourselves in the open country, but we keep on the beaten road for a mile, until we have crossed the sluggish

We can excuse him not giving a translation of the "free and easy" speech of Basina, the mother of Clovis, in p. 68.

GENT. MAG., July, 1856, p. 65.

North stream, when we roam rather more freely, having the spire of the church of Worth on the right, and at some distance ahead a heavy-looking round fort, beyond which the sea heaves and glitters in the sun. We soon pass a shallow reedy pool, known as the Old Haven, but we feel far more certain that it produces an abundance of flowering rush and other marsh plants, than that it is the site of Cæsar's naval camp, or that the hillocks around are sand-heaps piled by the winds on the remains of the intrenchments by which he protected his battered fleet. Some learned antiquaries have maintained the affirmative, but whether it be so or not, we know that war has raged in these parts. We see, in the mind's eye, the forlorn hope of the unfortunate who goes, rightly or wrongly, by the name of Perkin Warbeck, cut off by the train bands of Sandwich; and, 150 years later, a fierce skirmish between a force landed from Prince Charles's ships in the Downs and the Parliamentarians. The object of each body of invaders was to overthrow a government not long before established by force, and we cannot help musing on what a different aspect English history might have presented, had either attack succeeded.

We are aroused from our day-dream by coming on a Battery, as it is termed, one of the many memorials along our southern shore of the fears felt, or perhaps only affected, half a century ago of a French invasion. The work has evidently never been completed, as the enormously thick brick wall is but about four feet high; and it is overgrown with herbage, among which may be seen wild flowers enough to detain a professed botanist a summer's day. It now serves the purpose common to most of the Batteries and Martello Towers, of inclosing a coast-guard station. A mile further on we have another Battery, originally of a like kind, but now larger and much more pretentious, as all the buildings are inclosed by a wall loop-holed for musketry, and two guns are to be seen "in position," under a shed. Once when we passed, the men were just assembling for their great-gun exercise, and they looked as fine a body of sturdy, active, intelligent fellows as we could wish for the defence of our 66 sea-girt isle." Hard by we see a wretched thatched hovel called the "Hare and Hounds," but though there is no other house of entertainment near, we feel no inclination to enter it. At length, in about an hour from leaving Sandwich, we pause before the rude fort of Sandown, a memento, and an ugly one, of the suppression of the monasteries.

The fort is now a coast-guard station, but it is open to inspection, and will repay it. It consists of a low but large round tower, at the base of which are placed four lunettes, with odd oven-shaped openings for windows, now half choked with vegetation. The structure has been more encroached on by the sea than the kindred castles at Deal and Walmer, and seems likely one day to be washed away, unless protected by groynes. The waves, which leave but a narrow passage in its front at any time, and lave its walls at high water, have engulphed good part of the moat, and lay the rest (which is the coast-guardsmen's cabbage-garden) under water in heavy weather. We see the Tudor rose, in coloured brick, beside the only entrance, the bridge and stout gates of which have been recently re-edified after the most approved barrack fashion. Invited to enter, we do so. Our guide conducts us through a heavy archway and across a court-yard to a low door, which when opened displays a dismal flight of steps, and we fancy that we shall soon learn what a dungeon really is; nor are we disappointed. We descend, and find ourselves in a gallery wrought out of the thickness of the wall into one continuous series of dungeons, some GENT. MAG. VOL. CCIII.


culation. The soldiers' clothes were worn to rags, and their arms were singularly ill-suited to the kind of contest in which they were engaged.

Had Colonel Williams been contented to limit himself to the letter of his commission, all the long train of evils which met him upon his entry into Kars need not have occasioned him much trouble. But he felt too forcibly the immense danger of delay to be contented so to limit himself. The importance of the position of Kars, as the key of Asia Minor, the extreme peril in which it was standing, the excellent elements which were distinguishable in the Turkish soldiery, and the influence which his own station and English name would insure him, all seemed to call him to immediate and decisive action; and, accordingly, to immediate and decisive action he betook himself. There were no half-measures. The kitchens and the food were examined by him in person; the culpable providers were summoned, and soundly reprimanded for their dishonest and injurious proceedings; the troops were brought out and exercised under his direct inspection; the hospitals were visited, and all reforms set about in these important establishments that came within the compass of his means; and, lastly, preparations were begun for a somewhat different accommodation for the troops during the approaching winter, than had been provided for them the preceding year.

It was whilst he was in the midst of these multiform employments that Colonel Williams received a commission from the Porte, creating him a Lieutenant-General of the Turkish army, under the anomalous title of Williams Pasha,-an appointment important in many respects, but chiefly so from the additional weight it gave to an authority so ably and beneficially exerted. His authority was, indeed, almost the only one thus exerted on behalf of the ill-fated army. It seemed, to use Dr. Sandwith's expression, that its own government had forgotten its existence. It was in vain that its needy condition was represented at Constantinople: its nece -sities were either not attended to at all, or attended to in such a manner as to look, sometimes, a good deal like mockery. As an instance of this, we are told that when the drug depôt was examined, its chief supplies were found to consist of croton oil, aromatic vinegar, and divers delicate kinds of perfumes and cosmetics.

The spring passed away with the army at Kars without much incident. Zarif Mustafa had been superseded in his post of Commander-in-chief by Shukri Pasha, who, in his turn, was succeeded by Vassif Pasha; but these changes produced no very particular results. During this time, Williams Pasha was established at Erzeroum, engaged in the business of fortifying that important city. In his absence, Colonel Lake and Captain Thompson were vigorously pushing on a similar work at Kars. The city of Kars is commanded on nearly every side by heights. A long range of hills, through a gorge in which runs the river Karschai, r ns from east to west, terminating at their eastern extremity in the height called Karadagh, and at their western extremity in that called the Tachmas; whilst a large open plain, which bounds the town on the south, is traversed at a distance of some miles by hills again. On all these heights, and, indeed, upon every spot of rising-ground, Colonel Lake had been diligent in erecting his defences, which embraced, altogether, an extent of no less than ten miles. In his "Defence of Kars "," General Kméty gives a very able and learned

“A Narrative of the Defence of Kars on the 29th of September, 1855. Translated from the German of George Kméty, late Hungarian General." (London: James Ridgway.)

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