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bers, as not being specified in the without the consent of the lord. . donation. But when such a feud For, the reason of conferring the was given to a man and his heirs, feud being the personal abilities of in general terms, then a more ex- the feudatory to serve jo was, it teoded rule of succession took
was not fit he should be at liberty place; and when a feudatory died, to transfer this gift, either from his male descendents in infinitum himfelf, or his pofterity, who were were admitted to the succession. presumed to inherit his valour, to When any such descendent, who others who might prove less able. thus had succeeded, died, his male And, as the feodal obligation was descendents were also admitted in looked upon as reciprocal, the feuthe first place : and, in defect of datory being entitled to the lord's them, such of his male collateral protection, in return for his ova kindred as were of the blood or fealtyand service, therefore the lineage of the firft feudatory, but lord could no more transfer bis no others. For this was an unalter- seignosy of protection without the able maxim in feodal fucceflion, consent of bis vafal, than the vallal
none was capable of in- could his feud without conseat of “ heriting a feud, but fuch as was his lord : it being equally unrea. " of the blood of, that is, lineally sonable, that the lord jould es. " descended from the first feuda- tend his protection to a person to ritory,” And the descent, being whom he had exceptions, and that thus confined to males, originally the vaffal should owe fubjection to extended to all the males alike; a superior not of his own chuling: all the sons, without any diftinction These were the principal, and of primogeniture, succeeding to very simple qualities of the geequal portions of the father's nuine or original feuds; being then feud. But this being found, upon all of a military nature, and in many accounts, inconvenient, (par. the hands of military perioas: ticularly, by dividing the services, though the feudatories being usand thereby weakening the strength der frequent incapacities of cal. of the feodal union) and honorary tivating and manuring their feuds (or titles of nobility), being own lands, foon found it necellary now introduced, which were not to commit part of them to inteof a divisible nuture, but could rior tenants ; obliging them to only be inherited by the eldest such recuroa in service, com, cat. fon : in imitation of these, mili- tle, or money, as might enable the tary feuds (or those we are now de- chief feudatories .co attend their fcribing) began also in moft coun- military duties without diftraction: tries to descend according to the which returns, or reditus, were the fame rule of primogenitore, to the original of rents. And by this eldest son, in exclusion of all the means the feodal polity was greatly reft.
extendedthere inferior feudatoOther qualities of feuds were, ries (who held what are called is that the feudatory could not aliene the Scots law rere.fiets being or dispose of his feud ; neither under fimilar obligations of feaky, could he exchange, nor yet mort. to do fuit of court, co answer the gage, por even devise it, by will, ftipulated renders or rede forajce,
and to promote the welfare of their mazes of metaphyfical' jargon, be.
immediate superiors or fords. But gan also co exert its influence on to this at the fame time demolished this copious and fruitful subject : • the ancient fimplicity of feuds; in pursuance of which, the most
and an inroad being once made refined and oppreflive conse
upon their conftitution, it fub- quences were drawn from what ejected them, in a course of time, originally was a plan of fimplicity to great varieties and innovations. and liberty, equally beneficial to Feuds came to be bought and fold, both lord and renant, and pruand deviations were made from the dently calculated for their mutual old fundamental rules of tenure protection and defence. From and fuccesfion; which were held this one foundation, in different no longer facred,. when the feuds countries of Europe, very different themselves no longer continued to superstructures have been raised : be purely military. Hence these what effect it has produced on the tenares began now to be divided landed property of England, will
into feoda propria et impropria, appear in the following chapters. t proper and improper feuds ; under - the former of which divifions were
comprehended fuch; and such only, An Essay on the Hiftory of Civil Soviof which we have before spoken ;
ciety, by Adam Fergufon, L. S. D. 1r and under that of improper or de- Profesor of Moral Philofophy in the birivative feuds were comprized all University of Edinburgh. In one
such as do not fall within che other is defeription : such, for instance,
as were originally bartered and I know himSelf well, and he is at fold to the feudatory for a price ; such as were held upon base or less' the same time fo various á being, honourable services, or upon a that he cannot be exhibited to him. rent, in lieu of military service ; self, by too many observers, and in fuch as were in themselves alien' 'too many situations. There is not able, withoat mutual license; and indeed any condition, whether of such as might defeend indifferently riches or poverty, figure or obeither to males or females. But, fcurity, society or folitarinefs, ci. where a difference was not ex., vilization or rudeness, in which pressed in the creation, fuch new- fomething useful may not be gleancreated feuds did in all other ed towards the improvement and respects follow the nature of an exertion, we may even say the disoriginal, genuine, and proper covery of those powers with which feud.
nature has fo liberally endowed But as foon as the feodal fyftem him. Nor is there any observer, came to be considered in the light (and we are all observers of one of a civil establishment, rather another) from the fedentary herthan as a military plan, the in- mit, to the giddieft of the multigenuity of the fame ages, which tude, who has not, perhaps, made
perplexed all theology with the fome obfervation which was before - subtilty of scholaftic difquifitions, unnoticed. The subject is so ex. and bewildered philosophy in the tenfive that it can never be ex
haufted, and the reelife himself out any facrifice from method, is may hit upon some peculiarity in fuch as was due to the dignity of the human frame, 'by an'acquaint. the subject, and might have been ance with which the rest of man. "expected from his rank in the rekind may be greatly benefited. public of letters.
Civil society is now, whatever The work is divided into fix it might have been originally, the parts, each of which branches into general state of man ; so that it is several fections. The first pare the most interesting situation, that treats of the general chara&teriftia he can poffibly be considered in. of human nature the second, of There is a peculiar propriety, in the hiftory of rude nations, the this confideration's becoming the third, of the history of policy and object of a moral philosopher's arts; the fourth, of coufequences difcuflion, No one can be more that result from the advancement fitly calculated for examining of civil and commercial arts; the thoroughly into, and describing, fifth, of the decline of nations; expressively, man in that ftate, the fixth, of corruption and po. than he who is chosen by a learned litical slavery. The propriety of body, as the most fit to point out this division is too obvious toʻre. and enforce those moral daties, of quire its being pointed out; and which the social form so principal that of the several parts into feca part. The learned author has tions does not yield to it. accordingly, handled this subject Many of the authors who have in the most masterly manner; the written on man, and those too work abounds with subtle thought, fome of the moft ingenious, have ingenious sentiment, and extenfive set out by confidering him as an knowledge, and is written with a animal, folitary by nature ; and force, perspicuity, and elegance, * others, not satisfied with this which is feldom met with in mo- blindness to what we read and fee dern performances. .
of his condition, in almost all ages Strong as this testimony in and countries, have no less pre
. favour of the subject before us, pofterously made him a mischier. and this prejudice in favour of ous one. Nay; one in particular, the author who has handled it, has thrown out doubts of his may appear; the reading, of a having been originally a monkey very few pages of the work will, or baboon. v77,1976 we think, fufficiently justify our Mr. Fergufon, inftead of adopt. opinion. Mr. Ferguson has given ing either of those capital miftakes, us almost every thing relative to (by which we mean the cwo firt
, this subject, which has been' al. the laft being too ridiculous for icready advanced by others, fexcept rious animadversion) has refuted their whims and caprices) in such them both in the moft mastery a light as to make it almost-en. manner; by which he has at: zirely his own. He has added chieved more for the dignity of many things, originally his own, human nature, as well as for the which would alone be sufficient to interests of mankind, than had entitle him to the praise of a very been done by all the writers who deep and fubtle investigator of had gone before hit in this the human mind. The style, with. walk.
Notwithstanding the pleasure and animals from an infant ftate. we have received from this per. The latter being destined to act, formance, and the efteem with extend their operacions as their which we regard the author; we powers increase: they exhibit a cannot take leave of him ; without progress in what they perform, as expressing quri, surprise, that so well as in the faculties they acable and zealous an, advocate for quire. This progress in the case benevolence thould bave layished of man is continued to a greater So much praise on the Spartan go- extent than in that of any other vernment is a government, which animal. Not only the individual beldes many other enormities in advances from infancy, to manthe very frame of it, not only hood, but the species itself from tolerated, but enjoined the most rudeness to civilization. Hence inhuman cruelties to be inflicted the supposed departure of manon its innocent captives; that en kind from the fate of their nadeavoured to eradicate from its ture; hence our conjectures and members, all social tenderness and different opinions of what man domestic endearment, and on must have been in the first age of every occasion to ftifle the voice of his being. The poet, the histonature, and the cries of huma- : rian, and the moralist, frequently nity
allude to this ancient time; and We are now to give a specimen under ihe emblems of gold or of of Mr. Ferguson's work, and the iron, represent a condition and a best we think we can give, will manner of life, from which manbe some extracts from his sections kind have either degenerated, or 1 of the question relating to the on which they have greatly im
state of nature,' and of the proved. On either Topposition, ! moral sentiments; in treating of the fire face of our nature must which he has so eminently diltin. have borne no resemblance to guished himself; and which, as what men have exhibited in any they will serve to give an idea of subsequent period ; hittorical mothe work, will allo greatly leon. numents, even of the earliest date, tribute to the entertainment, if are to be considered as novelties; not instruction, of such of our and the most common establishreaders as have not seen the ori. . ments of human society are to be ginal. We are sorry that we are classed among the encroachments obliged, for want of room, to leave which fraud, oppression, or a busy out part of them, 499 invențion, i have made upon the Extratti from the settion of the quel- of our grievances or blefings were
reign of nature, by which the chief tion velaring to the flare' of nature.
» Among the writers who have Natural productions are gene. attempted to diftinguilh, in the hu. sally formed by degrees, Vege: man character, its original qua. tables grow from a tender shoot, , lities, and to point out the limits ht
See a curious account of the ancient Lacedemonians, in the 3d vol, of our Regifter, for the year 1760.
between nature and arr, some have made to occupy a place in the narepresented mankind in their first tural history of different animals, condition, as poslessed of mere a- If the question be put, What nimal senlibility, without any ex., the mind of man could perform, ercise of the faculties that render when left to itself, and without them superior to the brutes, with the aid of any foreign direction? out any political union, without we are to look for our answer in any means of explaining their fen- the history of mankind. Partitiments, and even without porcular experiments which have been fefsing any of the apprehensions found so useful in establithing the and paffions which ţhe voice and principles of other sciences, could the gesture are so well fitted to ex. probably, on this subject, ţeach frits. Others have made the ftate us nothing important, or new : of nature to consift in perpetual we are to take the history of e. wars, kindled by competition for very active being from his conduct dominion and interest, where eve in the situation to which he is ry individual had a separate quar. formed, not from his appearance rel with his kind, and where the in any forced or uncommon, con. presence of a fellow-creature was dition; a wild man, therefore, the signal of battle.
caught in the woods, where he If both the earliest and the had always lived apart from his latest accounts collected from ę- species, is a fingular instance, very quarter of the earth, repre. not a specimen of any general sent mankind as assembled in character. As the anatomy of an troops and companies; and the cye which had never received the individual always joined by affec- impressions of light, or that of an tion to one party, while he is eat which had never felt the im. possibly opposed to another ; em. pulse of founds, would probably ployed in the exercise of recol. exhibit defects in the very trucjection and foresight; inclined to ture of the organs themselves, as communicate his own sentiments, rising from their not being applied and to be made acquainted with to their proper functions; to any those of others; these facts must particular' cale of this fort would be admitted as the foundation of only few in wbat degree the all our reasoning relative to man. powers, of apprehension and fen. His mixed disposition 10 friend. timent could exit where they had tip or enmity, his reason, his not been employed, and what use of language and articulate would be the defects and imbecili, sounds, like the shape and the e. ties of a heart in which the emo, reet position of his body, are to, tions, that periain 10 society had, be considered as so many attri. never been felter butes of his nature : they are to Mankind are to be taken ja be retained in his description, as groups, as they have always. the wing and the paw are in that fubfiited. The history of the in. of the eagle and the lion, and as, dividual is but a detail of the sea. different degrees of fierceness, vi. timents and thoughts he has .co. gilance, timidity, or speed, are tertained in the view of his spe.