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government which is established amongst try have been so much occupied in the
great disputes of religion, politics, and phiBut what would these writers have said losophy, that they had no relish forthe mito the in-tances of modern Rome and Flo- nute observations of grammarand criticism. rence? Of which the former carried to And though this turn of thinking must have perfection all the finer arts of sculpture, considerably improved our sense and our painting, music, as well as poetry, talent of reasoning beyond those of other though they groaned under slavery, and nations, it must be confest, that even in underthe slavery of priests: while the latter those sciences above-mentioned, we have made the greatest progress in the arts not any standard book which we can transand sciences after they began to lose their mit to posterity ; and the utmost we have inberty by the usurpations of the family of to boast of, are a few essays towards a more Medicis. Ariosto, Tasso, Galilæo, no more just philosophy: which, indeed, promise than Raphael and Michael Angelo, were very much, but have not, as yet, reached not born in republics. And though the any degree of perfection. Lombard school was famous as well as the Roman, yet the Venetians have had the
Useless without Taste. smallest share in its honour, and seem rather inferior to the Italians in their genins and ellipses of the Copernican system, and
A man may know exactly all the circles för the arts and sciences. Rubens estáblished his school at Antwerp, not at Am. without perceiving that the former is more
all the irregular spirals of the Ptolemaic, sterdam ; Dresden, not Hamburgh, is the beautiful than the latter. Euclid has very centre of politeness in Germany. But the most eminent instance of the but has not, in any proposition, said a word
fully explained every quality of the circle, flourishing state of learning in despotic go. of its beauty. The reason is evident. Beauvernments, is that of France, which scaree cver enjoyed an established liberty, and yet in any part of the line, whose parts are all
ty is not a quality of the circle. It lies not has carried the arts and sciences as wear perfection as any other nation. The Eng. is only the effect which that figure operates
equally distant from a common centre. It lish are, perhaps, better philosophers; and Italians better painters and musicians ;
upon the mind, whose particular fabric or the Romans were better orators ; but the structure renders it susceptible of such sen
timents. French are the only people, except the in the circle, or seek it, either by your
In vain would you look for it Greeks, who have been at once philosophers, pocts , orators, historians, painters
; all the properties of that figure,
senses, or by mathematical reasonings, in architects, sculptors, and musicians. With regard to the stage, they have excelled even pleasure in reading Virgil but that of ex:
The mathematician, who took no other the Greeks, who have far excelled the Fing- amining Encas's voyage by the map, might lish : and in common life they have in a
understand perfectly the meaning of every great measure perfected that art, the most Latin word employed by tbat divine au. useful and agreeable of any, l'art de vivre, thor, and consequently might have a disthe art of society and conversation,
tinct idea of the whole narration; he would If we consider the state of sciences and
even bave a more distinct idea of it, than polite arts in our country, Ilorace's observation with regard to the Romans, may, in they could have who had not studied so exa great measure, be applied to the British, therefore, every thing in the poem.
actly the geography of the poem. Heknew,
But Sed in longum tamen ævum
he was ignorant of its beauty; because the Manserunt, hodieque manent vestigia ruris.
beauty, properly speaking, lies not in the The elegance and propriety of style have poem, but the sentiment or taste of the been very much neglected among us. We reader. And where a man has no such dehave no dictionary of our language, and licacy of temper as to make him feel this scarce a tolerable grammar. The first po- sentiment, he must be ignorant of the beay. lite prose we have, was wrote by a man
who ty, though possessed of the science and unis still alive. As to Sprat, Locke, and even derstanding of an angel. Hume's Essays, Temple, they knew too little of the rules
Its Obstructions. of art to be esteemed very elegant writers. The prose of Bacon, Harrington, and Mil. So many
obstruct the ton, is altogether stiff and pedantic; though" acquisition of knowledge, that there is little sheir sense be cxcellent. Men in this coun. reason for wondering that it is in a
hands. To the greater part of mankind Look out of your door---take notice of the duties of life are inconsistent with much thai man; see what disquieting, intrigu. study, and the hours which they woulding, and shifting, he is content to go spend upon letters must be stolen from their through, merely to be thought a man of occupations and their families. Many suf- plain-lealing ;---three grains of būpesty fer themselves to be lured by more spright would save him all this trouble :- aias! ly and luxurious pleasures from the shades he has them not. of contemplation, where they find seldom Beholu, a second, under a show of piety more than a calm delight, such as, ihough hiding the impurities of a debauched life
, greater than all others, if its certainty and he is just entering the house of God: its duration be reckoned with its power
--would he was more pure—or less of gratification, is yet easily quitted for pious !--but then he could not gain his some extemporary joy, which the present point. moment ofiers, and another perhaps will Observe a third going almost in the same put out of reach.
track, with what an intlexible sanctity ordeIt is the greatexcellence of learning, that portment he sustains himself as be advanit borrows very little from time or place; ces !-every line in his face writes abstiit is not confined to season or to climate, to nence; every stride looks like a check cities or to the country, but may be culti- upon his desires : sce, I beseech you, how vated and enjoyed where no other pleasure he is cloak'd up with sermons, prayers, can be obtained. But this quality, which and sacraments; and so bemuffied with the constitutes much ofits value, is one occasion externals of religion, that he has not a of neglect; what may be done at all times hand to spare for a worldly purpose ;with equal propriety, is deferred from day he has armour at least, Why does he put today, till the mind is gradually reconciled it on? Is there no serving God without to the omission,and the attention is turned to all this? Must the garb of religion be esother objects. Thus habitual idleness gains tended so wide to the danger of its rendtoo much power to be conquered, and the ing? Yes, truly, or it will not hide the sto soul shrinks from the idea of intellectual cretand, What is that? labour and intenseness of meditation.
That the saint has no religioa That those who profess to advance learn- at all. ing sometimes obstruct it, cannot be denied; -But here comes GENEROSITT; the continual multiplication of books not giving-—not to a decayed artist- but to the only distracts choice, but disappoints in- arts and sciences themselves.-See, che quiry. To him that has moderately stored builds not a chamber in the wall apart for his mind with images, few writers afford the prophets,but wholeschools and colleges any novelty; or what little they have to add for those who come after. Lord! how they to the common stock of learning is so buri. will magnify his name!-'tis in capitals ed in the mass of general notions, that, like already; the first--the highest, in the gilded silver mingled with the ore of lead, it is too rent-roll of every hospital and asylumlittle to pay for the labour of separation ; One honest jear shed in private ser and he that has often been deceived by the the unfortunate, is worth it all. promise of a title, at last grows weary of What a problematic set of creatures does examining, and is tempted to consider all simulation make us! Who would divine as equally fallacious.
Idler. that all the anxieiy and concern so visible
in the airs of one half of that great assemi56. Vanlin, a Portrait of. bly should arise from nothing else, but that
the other half of it may think them to be Vanity bids all her sons to be generous men of consequence, penetration, part, and brave, and her daughiers to be and conduct ? ---What a noise amongst the chaste and courtcous.--But why do we claimants about it? Bchold humility, out want her instructions - Ask the come- of mere pride--and honesty, almost out of Jian, who is taught a part he feels not. — knavery :-Chastity never once in harm's
Is it that the principles of religion want way;--and courage, like a Spanish strength, or that the real passion for what soldier upon an Italian stage-a bladder is good and worthy will not carry us high full of wind.enough ---God! thou knowist they car
-Hark! at the sound of that Ty us too high we want not to be—but trumpet let not my soldier ru to seen.
’uis some good Christian giving alms. O
Pity, thou gentlest of human passions ! manors to inferior persons to be held of soft and tender are thy notes, and ill ace themselves; which do therefore now concord they with so loud an instrument. tinue to be held under a superior lord, who Sterne's Sermons. is called in such cases the lord paramount
over all these manors : and his seigniory is $57. Manors; their Origin, Nature and
frequently termed an honour, not a manor, Services.
especially if it hath belonged to an ancient Manors are in substance as ancient as feodal baron, or hath beeu at any time in the Saxon constitution, though perhaps the hands of the crown. In imitation differing a little, in someimmaterial circum- whereof, these inferior lords began to carve stances from those that exist at this day: out and grant to others still more minute just as was observed of feuds, that they were estates to be held as of themselves, and were partly known to our ancestors, even before so proceeding downwards in infinitum, till the Norman conquest. A manor, manerium, the superior lords observed, that by this a manendo, because the usual residence of method of subinfeudation they lost all their the owner, seems to have been a district of feodal profits, of wardships, marriages, and ground held by lords or great personages; escheats, which fell into the hands of these who kept in their own hands so much land mesne or middle lords, who were the immeas was necessary for the use of their fami- diate superiors of the terretenant, or him lies, which were called terræ dominicales, who occupied the land. This occasioned the or demesne lands; being occupied by the statute of Westm. 3: or quia emptores, 18 lord or dominus maneri, and his servants. Ed. I. to be made; which directs, that upon The other tenemental lands they distribut- all sales or feoflients of land, the feoffee ed among their tenants : which from the shall hold the same, not of his immediate different modes of tenure, were called and feofler, but of the chief lord of the fee, of distinguished by two different names : whom such feoffer himself held it. And First, book land or charter land, which was from hence it is held, that all manors existheld by deed under certain rents and frec- ing at this day must have existed by imservices, and in effect differed nothing from memorial prescription; or at least ever free socage lands; and from hence have since the 18 Ed. 1. when the statute of quia arisen all the freehold tenants which hold emptores was made. For no new manor can of particular manors, and owe suit and ser- have been created since that statute; bevice to the same. The other species was cause it is essential to a manor, that there be called folk land, which was held by no as- tenants who hold of the lord, and that statute surance in writing, but distributed among enacts, that for the future no subjects shall the common folk or people at the pleasure create any new tenants to hold of himself. of the lord, and resumed at his discretion; Now with regard to the folk land, or esbeing indeed land held in villenage, which tates held in villenage, this was a species of we shall presently describe more at large. tenure neither strictly feodal, Norman, or The residue of the manor being unculti- Saxon; but mixed and compounded of vated, was termed the bord's waste, and them all; and which also, on account of served for public roads, and for common of the heriots that attend it, may seem to have pasture to the lord and his tenants. Manors somewhat Danish in its composition. Under were formerly called baronics, as they still the Saxon government there were, as Sir are lordships : and each lord or baron was William Temple speaks, a sort of people in empowered to hold a domestic court called a condition of downright servitude, used and the court-baron for redressing misdemea- employed in the most servile works, and nors and nuisances within the manor, and belonging, both they, their children, and for settling disputes of property among the effects, to the lord of the soil, like the rest tenants. This court is an inseparable in- of the cattle or stock upon it. These seem gredient of every manor; and if the num- to have been those who held what was calber of suitors should so fail, as not to leave led the folk land, from which they were resufficient to make a jury or homage, that movable at the lord's pleasure. On the arriis, two tenants at the least, the manor it- val of the Normans here, it seems not improself is lost.
bable that they, who were strangers to any Before the statute of quia emptores, 18 other than a feodal state, might give some Edward I, the king's greater barons, who sparks of enfranchisement to such wretched had a large extent of territory held under persons as fell to their share, hy admitting the crown, granted out frequently smaller them as well as others to the oath of fealty ;
which conferred a right of protection, and and a ncife, or a villein and a free woman, raised the tenant to a kind of estate superior the issue followed the condition of the la to downright slavery, but inferior to every ther, being free if he was free, and villeia other condition. This they called villenage, if he was villein; contrary to the maxim of and the tenants villeins either from the word civil law, that partus sequiter tentrem. But rilis, or else, as Sir Edward Coke tells us, no bastard could be born a villein, because a villa ; because they lived chiefly in vil. by another maxim of our law he is rulius lages, and were employed in rustic works filius ; and as he can gain nothing by inheof the most sordid kind, like the Spartan ritance, it were hard that he should lose helotes, to whom alone the culture of the his natural freedom by it. The law hov. lands was consigned; their rugged masters, ever protected the persons of villeins, as like our northern ancestors, esteeming war the king's subjects, against atrocious injuthe only honourable employment of man- ries of the lord : for he might not kill er kind.
maim his villein; though he might beat These villeins, belonging principally to him with impunity, since the villein had lords of manors, were either villeins regar- no action or remedy at law against bis dant, that is, annexed to the manor or land, lord, but in case of the murder of his aaor else they were in gross, or at large, that cestor, or the main of his own person.-is, annexed to the person of the lord, and Neifes indeed had also an appeal of rape, transferable by deed, from one owner to in case the lord violated them by force. another. They could not leave their lord Villeins might be enfranchised by manuwithout his permission; but if they ran mission, which is either express or impliaway, or were purloined from him, mighted : express as where a man granted to the be claimed, and recovered by action, like villein a deed of manumission : implied, beasts or other chartels. They held indeed as where a man bound himself in a bond small portions of land, by way of sustaining to his villein for a sum of money, granted themselves and families; but it was at the him an annuity by deed, or gave him an mere will of the lord, who might dispossess estate in fee for life or years : for this was them whenever he pleased, and it was upon dealing with his villein on the footing of a villein services, that is, to carry out dung, freeman; it was in some of the instance: to hedge and ditch the lord's demesnes, and giving him an action against his lord, af! any other the meanest offices, and these ser. in others vesting an ownership in hin eis
: vices were not only base but uncertain, tirely inconsistent with his former state of both as to their time and quantity. A vil- bondage. So also if the lord brought an lein, in short, was in much the same state action against this villein, this enfranchise with us, as lord Molesworth describes to be him, for as the lord might have a short re that of the boors in Denmark, and Stiern- medy against his villein by seizing his hook attributes also to the traals or slaves goods (which was more than equivalent to in Sweden, which confirms the probability any damages he could recover) the law of their being in some degree monuments which is always ready to catch at ang of the Danish tyranny. A villein could ac- thing in favour of liberty, presumed that by quire no property either in lands or goods; bringing this action he meant to set bis ih but if he purchased either, the lord might lein on the same footing with bimself, and enter upon them, oust the villein, and therefore held it an implied manumission
, seize them to his own use, unless hé con. But in case the lord indicted him for felony, trived to dispose of them again before the it was otherwise; for the lord could not irlord had seized them ; for the lord had flict a capital punishment on his vilta then lost his opportunity,
without calling in the assistance of the la In many places also a fine was payable Villeins, by this and many other means, to the lord, if the villein presumed to marry in process of time, gained considerable his daughter to any one without leave from ground on their lords; and in particular the lord; and by the common law the lord strengthened the tenure of their estates : might also bring an action against the hus- that degree, that they came to bave so band for damages in thus purloining his them an interest in many places fule do property. For the children of villeins were good, in others better than their lots also in the same state of bondage with their for the good nature and benevolence et parents, whence they were called in Latin, many lords of manors
, having, time out ei nativi, which gave rise to the female appel- mind, permitted their villeins and ther lation of a villein, who was called a neife. children to enjoy their possessions withoi In case of a marriage between a freeman interruption, in a regular course of descrita
the common law, of which custom is the for they also had a scruple in conscience life, now gavethem title to prescribe against to empoverish and despoil the church so the lords; and, on performance of the same much as to manumit such as were bond to services, to hold their lands, in spite of their churches, or to the manors which the any determination of the lord's will. For, church had gotten; and so kept their vilthough in general they are still said to hold leins still.” By these several means the getheir estates at the will of the lord, yet it is nerality of villeins in the kingdom have such a will as is agreeable to the custom of long ago sprouted up into copyholders : the manor ; which customs are preserved their persons being enfranchised by manu. and evidenced by the rolls of the several mission or long acquiescence; but their courts-baron in which they are entered, or escates in strictness remaining subject to kept on foot by the constant immemorial the same servile conditions and forfeitures usage of the several manors in which the as before; though, in general, the villein lands lie. And, as such tenants had no- services are usually commuted for a small thing to she'w for their estates but these pecuniary quit-rent. custoins, and admissions in pursuance of As a farther consequence of what has them entered on those rolls, or the copies been premised, we may collect these two of such entries witnessed by the steward, main principles, which are held to be the they now began to be called ' tenants by supporters of a copyhold tenure, and withcopy of court-roll,' and their tenure itself out which it cannot exist: 1. That the lands * a copy-hold.'
be parcel of, and situate within, that maThus copyhold tenures, as Sir Edward nor under which it is held.
2. That they Coke observes, although very meanly de- have been demised, or demisable by copy scended, yet come of an ancient house; of court-roll immernorially. For immefor, from what has been premised, it ap. morial custom is the law of all tenures by pears that copyholders are in truth no other copy : so that no new copyhold can, strictbut villeins, who, by a long series of im- ly speaking, be granted at this day. memorial encroachments on the lord, have In some manors, where the custom hath at last established a customary right to those been to permit the heir to succeed the anestates, which before were held absolutely cestor in his tenure, the estates are stiled at the lord's will: which affords a very copyholds of inheritance; in others, where substantial reason for the great 'variety of the lords have been more vigilant to maincustoms that prevail in different manors, tain their rights, they remain copyholds with regard both to the descent of the for life only: for the custom of the manor estates, and the privileges belonging to the has in both cases so far superseded the will tenants.
And these encroachments grew of the lord, that, provided the services be to be so universal, that when tenure in vil. performed or stipulated for by fealty, be lenage was abolished (though copyholds cannot, in the first instance, refuse to adwere reserved) by the statute of Charles II. mit the heir of his tenant upon his death : there was hardlý a pure villein left in the nor, in the second, can he remove his prenation. For Sir Thomas Smith testifies, sent tenant so long as he lives, though he that in all his time (and he was secretary holds nominally by the precarious tenure to Edward VI.) he never knew any villein of his lord's will. in gross throughout the realm ; and the The fruits and appendages of a copyfew villeins regardant that were then re- hold tenure, that it hath in common with maining, were such only as had belonged free tenures, are fealty services (as well 10 bishops,monasteries,or other ecclesiasti- in rents as otherwise), reliefs and escheats. cal corporations, in the preceding times of The two latter belong only to copyholds of popery. For he tells us, that " the holy inheritance; the former to those for life fathers, monks, and friars, had in their also. But, besides these, copyholds have confessions, and specially in their extreme also heriots, wardship and fines. Heriots, and deadly sickness, convinced the laity which I think are agreed to be a Danish how dangerous a practice it was, for one custom, are a render of the best beast or Christian man to hold another in bondage: other good (as the custom may be) to the so that temporal men by little and little, by lord on the death of the tenant. This is reason of that terror in their consciences, plainly a relict of villein tenure; there beere glad to manumit all their villeins. ing originally less hardship in it, when all But the said holy fathers, with the abbots the goods and chattels belonged to the and priors, did not in like sort by theirs ; lord, and he might have seized them even