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of the liberty formerly given, in certain tionally. At the termination of this discases, to neutral vessels to sail for an cussion ministers intimated that they were enemy's port after having first touched at prepared to concede the question; and one in Great Britain. Upon this point, accordingly, on the 23rd of the same however, some important modifications month, an unconditional suspension of the were made by subsequent orders. A sys- orders, in so far as America was contem was introduced of licensing certain cerned, appeared in the 'Gazette. By vessels to proceed to hostile ports after this time, however, the government of the having first touched and paid custom-dues United States had declared war, on the at a British port; and this was eventually ground, as is well known, not only of the carried so far, that at last the number of orders in council, but of other alleged such licences granted is said to have ex- acts of injustice on the part of the British ceeded 16,000.
government. The position, however, in which Ame- The policy of the British government rica was still placed was such as almost in issuing the orders in council of Novemto force her to go to war either with ber, 1807, was maintained by its oppo England or France. In this state of nents to be wrong, on the double ground things, in the spring of 1812 a vigorous that it was both inexpedient and not wareffort was again made by the opposition ranted by the principles of the law of in parliament to obtain the entire removal nations. On this latter head it was argued of the orders in council. In the Lords, a that no violation of international law by motion was made by the Marquis of Lans- one belligerent power could justify the downe on the 28th of February for a other in pursuing a similar course. select committee of inquiry into the effect The question, like all others connected of the orders, but was negatived by a with the law of blockade, appears to be majority of 135 to 71. On the 3rd of one which must be determined chiefly by March a similar motion made in the a reference to the rights of neutral powers Commons by Mr. Brougham was also as regulated by the principle already rejected by a majority of 216 to 144. On stated, namely, that no neutral power the 3rd of April, however, an order of shall be annoyed or incommoded by any the prince regent in council appeared in warlike operation, which shall not have a the Gazette, revoking entirely the for greater tendency to benefit the belligerent mer orders in so far as regarded Ame- than to injure the neutral. In this case rica, but only on the condition that the the benefit which the British government government of the United States should professed to expect from its retaliatory also revoke an order by which it had policy, which was the excitement of a some time previously exeluded British spirit of resistance to the original French armed vessels from its ports, while it decree both in neutral countries and admitted those of France. This condi. among the people of France themselves, tional revocation being still considered was extremely problematical from the unsatisfactory, Lord Stanley, on the 28th first, and turned out eventually to be of April, moved in the Commons for a wholly delusive. On the other hand, the committee of inquiry into the subject injury to neatrals was certain and of large generally, and the discussion ended by amount, tending in fact to interdict and, ministers giving their assent to the mo- as far as possible, to put a stop to the tion. Many witnesses were in conse entire peaceful commercial intercourse of quence examined, both by this committee the world. and by another of the Lords, which sat The orders in council were sometimes at the same time, having been obtained defended, for want of better reasons, on a on the 5th of May on the motion of Earl very peculiar ground, namely, on that of Fitzwilliam. When the examinations had the pecuniary advantage which the connbeen brought to a close, Mr. Brougham, try derived from the captures made under on the 16th of June, moved in the Com- them, from the increase of port dues which mons, that the crown should be addressed they occasioned, and from the revenue to recall or suspend the orders uncondi- I obtained by the licensing system.
1 In resting the justification of the orders | Continent in spite of the Berlin decree, in council upon the ground of their expe- would seem to have been the last thing diency, their defenders of course con- at which the government of this country tended that they were essential to the should have taken umbrage, or which it effective prosecution of the war, and that should have attempted to put down. As we were therefore justified in disregard- | the French ruler found it expedient to ing the injury which they might indi- tolerate this interposition, in open disrcrectly inflict upon neutrals. It was anti- gard of his decree, it surely was no busicipated, as we have observed above, in ness of ours to set ourselves to cut off a the first place, that the pressure of their channel of exit for our merchandise, so operation would excite both the American fortunately left open when nearly every government, and even the inhabitants of other was shut. France themselves, and of the various BOARD, a word used to denote, in countries of Europe subject to the French their collective capacity, certain persons emperor, to insist upon the revocation of to whom is intrusted the management of the Berlin decree. But the effect antici- some office or department, usually of a pated was not produced. Neither the public or corporate character. Thus the people of France, nor of any other por- lords of the treasury and admiralty, the tion of Bonaparte's empire, rose or threat- commissioners of customs, the lords of the ened to rise in insurrection on account of committee of the privy council for the the stoppage of trade occasioned by the affairs of trade, &c., are, when met toedicts of the two belligerent powers; and gether for the transaction of the business America went to war, not with France, of their respective offices, styled the Board but with us, choosing to reserve the asser- of Treasury, the Board of Admiralty, the tion of her claims for wrongs suffered Board of Customs, the Board of Trade, under the Berlin deeree to another oppor- | &c. The same word is used to designate tunity, while she determined to resist our the persons chosen from among the proorders in council by force of arms. But prietors to manage the operations of any secondly, it was contended that the policy joint-stock association, who are styled the adopted by the orders in council was Board of Directors. In parochial gonecessary to save our commerce from vernment the guardians of the poor, &c. what would otherwise have been the are called the Board of Guardians, &c. ruinous effects of the Berlin decree. This The word bureau in France is an equivaargument, also, if its validity is to be lent expression. tried by the facts as they actually fell BONA FIDES and BONA FIDE is out, will scarcely appear to be well an expressiou often used in the conversafounded. The preponderance of the evi- tion of common life. It is also often in dence collected in the course of the suc- the mouths of lawyers, and it occurs in cessive inquiries which took place was Acts of Parliament, where (in some cases decidedly in favour of the representations at least) it means that the acts referred to made by the opponents of the orders, who must not be done to evade the law, or in maintained that, instead of having proved fraud of the law, as we sometimes express any protection or support to our foreign it, following the Roman phraseology (in trade, they had most seriously embar- fraudem legis). It appears to be used rassed and curtailed it. The authors of pursuant to the meaning of the words, in the orders themselves must indeed be the sense of good faith, which implies the considered to have come over to this absence of all fraud or deceit. Bona Fides view of the matter, when they consented, is therefore opposed to fraud, and is a as they at leng:n lid, to their entire re necessary ingredient in contracts, and in peal.
many acts which do not belong to con In the actual circumstances of the pre-tracts. How much fraud may be legally sent case, the convenient interposition of used, or what is the meaning of Bona America, by means of which British Fides in any particular case, will depend manufactured goods were still enabled to on the facts. Many things are not legal find their way in large quantities to the frauds, and many things are legally done Bonâ Fide, which the common notions of the actions in which this formula is used fair dealing condemn.
were actions arising out of contracts or The phrase Bona Fides originated with quasi contracts; and not actions founded the Romans, and it is opposed to Mala on delict, nor actions in which the ownerFides, or Dolus (fraud). The notion of ship of a thing was in question. By equity (æquitas), equality, fair dealing, leaving out the expression ex bona fide equal dealing, is another form of express in the Intentio just quoted, the action is ing Bona Fides. He who possessed the reduced to an action stricti juris. The property of another bonâ fide, might, so bonæ fidei actio, by virtue of the forfar as the general rules of law permitted, mula (quidquid, &c.), referred to a acquire the ownership of such property thing not determined the stricti juris by use (usucapio). In this case bona actio might refer to a thing determined, fides consisted in believing that his pos- as a particular field or slave, which session originated in a good title, or, as was the subject of a contract, or to a Gaius (ii. 43) expresses it, when the pos- thing undetermined (quidquid). Theresessor believed that he who transferred fore all indeterminate actions incertæ the thing to him was the owner.
actiones) were not bonæ fidei actiones, The Romans classed under the head of but all bonæ fidei actiones were incertæ bonæ fidei obligationes a great variety of actiones. contracts, and also of legal acts, as buying, BONA NOTABILIA. [EXECUTOR.) selling, mandatum (AGENT), guardian- BOOK TRADE. The substance of ship, &c. Actions founded on these obliga. this notice is condensed, with slight altertions were called bonæ fidei actiones," and ations here and there, from a “Postscript the legal proceedings were called " bonæ to William Caxton: a Biography,' by fidei judicia.” The name arose from the Mr. Charles Knight, which gives a history formula “ex bona fide,” which was in- of the “ Progress of the Press in Engserted in the Intentio, or that part of the land.” The subject may be divided into Prætor's formula (instruction to the judex) five periods :which had reference to the plaintiff's 1. From the introduction of printing claim, and empowered the judex to decide by Caxton to the accession of James I., according to the equity of the case, ex 1603. fide bona. Sometimes the expression II. From 1603 to the Revolution, 1688. "æquus melius" was used instead of ex III. From 1688 to the accession of fide bona. Thus actions founded on con- George III., 1760. tract, or on acts which bore an analogy IV. From 1760 to 1800. to contract, were distributed into the two V. From 1800 to 1843. classes of Condictiones, or stricti judicii, I. One of the earliest objects of the or stricti juris actiones, and bonæ fidei first printers was to preserve from further actiones, or actions in which the inquiry destruction the scattered manuscripts of was about the strict legal rights of the the ancient poets, orators, and historians. parties and actions in which the general But after the first half-century of printing principles of fair dealing were to be taken men of letters anxiously demanded copies into the account. The object wbich was of the ancient classics. The Alduses and attained by the bonæ fidei judicia oears an Stephenses and Plantins produced neat analogy to the relief which may be some and compactly printed octavos and duotimes obtained in a Court of Equity in decimos, instead of the expensive folios of England, when there is none in a Court their predecessors. The instant that they of Law.
did this, the foundations of literature were The Intentio in the class of actions widened and deepened. They probably called Condictiones was in this form : at first overrated the demand ; indeed, quidquid (ob eam rem) Numerium Ne- we know they did so, and they suffered gidium Aulo Egerio dare facere oportet in consequence; but a new demand very ex fide bona- whatever Numerius Negi- soon followed upon the first demand for dius ought pursuant to good faith to give cheap copies of the ancient classics. The or do to Aulas Egerius (Gaius, ii. 47). All first English Bible was bought up ana
those who bought the Bibles con- | press of England, during thc first period tributed capital for making new Bibles, and of our inquiry, was very remarkable. those who burnt the Bibles by so doing To William Caxton, our first printer, advertised them. The first printers of the are assigned 64 works. Bible were, however, cautious- they did Wynkyn de Worde, the able assistant not see the number of readers upon which and friend of Caxton, produced the large they were to rely for a sale. In 1540 number of 408 books from 1493 to 1535, Grafton printed only 500 copies of his that is, upon an average, he printed 10 complete edition of the Scriptures: and books in each year. To kichard Pynyet, so great was the rush to this new son, supposed to have been an assistant of supply of the most important knowledge, Caxton, 212 works are assigned, between that we have existing 326 editions of 1493 and 1531. the English Bible, or parts of the Bible, From the time of Caxton's press to that printed between 1526 and 1600.
of Thomas Hacket, with whose name The early English printers did not Dr. Dibdin's work concludes, we have attempt what the continental printers were the enumeration of 2926 books. The doing for the ancient classics. Down to · Typographical Antiquities' of Ames and 1540 no Greek book had appeared from Herbert comes down to a later period. an English press. Oxford had only They recorded the names of three hundred printed a part of Cicero's Epistles ; Cam- and fifty printers in England and Scotbridge, no ancient writer whatever: only land, or of foreign printers engaged in three or four old Roman writers had been producing books for England, who were reprinted, at that date, throughout Eng. working between 1474 and 1600. The land. The English nobility were, pro- same authors have recorded the titles (we bably, for more than the first half-century have counted with sufficient accuracy to of English printing, the great encouragers make the assertion) of nearly 10,000 disof our press: they required translations tinct works printed among us during and abridgments of the classics-ver- the same period. Many of these works, sions of French and Italian romances, however, were only single sheets; but, old chronicles, and helps to devout exer- on the other hand, there are doubtless cises. Caxton and his successors abun- many not here registered. Dividing the dantly supplied these wants, and the im- total number of books printed during pulse to most of their exertions was given these 130 years, we find that the average by the growing demand for literary number of distinct works produced each amusement on the part of the great. But year was 75. the priests strove with the laity for the Long after the invention of printing education of the people; and not only and its introduction into England, books in Protestant, but in Catholic countries, were dear. In the Privy Purse Accounts were schools and universities everywhere of Elizabeth of York,' published by Sir founded. Here, again, was a new source H. Nicolas, we find that, in 1505, twenty of employment for the press-A, B, C's, or pence were given for a Primer' and a Absies, Primers, Catechisms, Grammars, Psalter.' In 1505 twenty pence would Dictionaries, were multiplied in every have bought half a load of barley, and direction. Books became, also, during were equal to six days' work of a lathis period, the tools of professional men. bourer. In 1516 ‘Fitzherbert's AbridgThere were not many works of medicine, ment, a large folio law-book, the first but a great many of law. The people, published, was sold for forty shillings. too, required instruction in the laws which At that time forty shillings would have they were required to obey; and thus the bought three fat oxen. Books gradually Statutes, mostly written in French, were became cheaper as the printers ventured translated and abridged by Rastell, an to rely upon a larger number of pureminent law-printer. Even as early as chasers. The exclusive privileges that the tune of Caxton the press was em- were given to individuals for printing all ployed to promulgate new laws.
sorts of books. during the reigns of Henry Taken altogether, the activity of the VIII., Mary, and Elizabeth-although they were in accordance with the spirit | tempt. We have before us a catalogue of monopoly which characterized that age, the first compiled in this country) of and were often granted to prevent the “all the books printed in England since spread of books-offer a proof that the the dreadful fire, 1666, to the end of market was not large enough to enable Trinity Term, 1680,” which catalogue is the producers to incur the risk of com- continued to 1685, year by year. A great petition. One with another, 200 copies many—we may fairly say one-half-of may be estiinated to have been printed of these books, are single sermons and tracts. each book during the period we have Tue whole number of books printed durbeen noticing; we think that proportion ing the fourteen years from 1666 to 1680, would have been quite adequate to the we ascertain, by counting, was 3550, of supply of the limited number of readers which 947 were divinity, 420 law, and -to many of whom the power of reading 153 physic,--so that two-fifths of the was a novelty unsanctioned by the prac- whole were professional books; 397 were tice of their forefathers.
school-books, and 253 on subjects of geoII. The second period of the English graphy and navigation, including maps. press, from the accession of James I. to Taking the average of these fourteen years, the Revolution, was distinguished by the total number of works produced yearly pedantry at one time, to which succeeded was 253; but deducting the reprints, the violence of religious and political con- pamphlets, single sermons, and maps, we troversy; and then came the profligate may fairly assume that the yearly averliterature of the Restoration. The press age of new books was much under 100. was exceedingly active during the poli. Of the number of copies constituting an tico-religious contest. There is, in the edition we have no record; probably it British Museum, a collection of 2000 vo- must have been small, for the price of a lumes of Tracts issued between the years book, as far as we can ascertain it, was 1640 and 1660, the whole number of considerable. In a catalogue, with prices, which several publications amounts to the printed twenty-two years after the one we enormous quantity of 30,000. The num- have just noticed, we find that the ordiber of impressions of new books uncon- nary cost of an octavo was five shillings. nected with controversial subjects must III. We have arrived at the third stage have been very small during this period. of this rapid sketch—from the Revolution
After the Restoration an act of parlia- to the accession of George III. ment was passed that only twenty printers This period will ever be memorable in should practise their art in the kingdom. our history for the creation, in great part, We see by a petition to parliament in of periodical literature. Till newspapers, 1666, that there were only 140 “working and magazines, and reviews, and cycloprinters" in London. They were quite pædias were established, the people, even enough to produce the kind of literature the middle classes, could not fairly be said which the court required.
to have possessed themselves of the keys At the fire of London, in 1666, the of knowledge. booksellers dwelling about St. Paul's lost The publication of intelligence began an immense stock of books in quires, during the wars of Charles I. and his amounting, according to Evelyn, to the Parliament. But the ‘Mercuries' of those value of 200,0001., which they were ac- days were little more than occasional customed to stow in the vaults of the me- pamphlets. Burton speaks of a “ Pamtropolitan cathedral, and of other neigh- phlet of News.” Before the Revolution bouring churches. At that time the there were several London papers, regupeople were beginning to read again, and lated, however, by privileges and sar. to think ;-and as new capital rushed in veyors of the press. Soon after the be to replace the consumed stock of books, ginning of the eighteenth century (1709 there was once more considerable activity Loudon had one daily paper, fifteen threc in printing. The laws that regulated the times a week, and one twice a week: this number of printers soon after fell into was before a stamp-duty was imposed on disuse, as they had long fallen into con- | papers. After the stamp-duty in 1724