which conferred a right of protection, and raised the tenant to a kind of eftate fuperior to downright flavery, but inferior to every other condition. This they called villenage, and the tenants villeins, either from the word vilis, or elfe, as Sir Edward Coke tells us, à villa; because they lived chiefly in villages, and were employed in ruftic works of the most fordid kind: like the Spartan helotes, to whom alone the culture of the lands was configned; their rugged mafters, like our northern ancestors, efteeming war the only honourable employment of mankind.

Thefe villeins, belonging principally to lords of manors, were either villeins regardant, that is, annexed to the manor or land; or elfe they were in gross, or at large, that is, annexed to the perfon of the lord, and transferrable by deed from one owner to another. They could not leave their lord without his permiffion; but if they ran away, or were purloined from him, might be claimed and recovered by action, like beasts or other chattels. They held indeed fmall portions of land by way of sustaining themfelves and families; but it was at the mere will of the lord, who might difpoffefs them whenever he pleased; and it was upon villein fervices, that is, to carry out dung, to hedge and ditch the lord's demefnes, and any other the meaneft offices: and thefe fervices were not only bafe, but uncertain both as to their time and quantity. A villein, in fhort, was in much the fame ftate with us, as lord Molefworth describes to be that of the boors in Denmark, and Stiernhook at tributes also to the traals or flaves in Sweden; which confirms the probability of their being in fome degree monuments of the Danish tyranny. A villein could acquire no property either in lands or goods; but, if he purchased either, the lord might enter upon them, oust the villein, and seize them to his own ufe, unless he contrived to difpofe of them again before the lord had feized them; for the lord had then loft his opportunity.

In many places alfo a fine was payable to the lord, if the villein prefumed to marry his daughter to any one without leave from the lord: and, by the common law, the lord might alfo bring an action against the hufband for damages in thus purloining his property. For the children of villeins were alfo in the fame ftate of bondage with their parents; whence they were called in Latin, nativi, which gave rife to the female appellation of a villein, who was called a neife. in cafe of a marriage between a freeman

and a neife, or a villein and a freewoman, the iffue followed the condition of the father, being free if he was free, and villein if he was villein; contrary to the maxim of civil law, that partus fequitur ventrem. But no bastard could be born a villein, because by another maxim of our law he is nullius filius; and as he can gain nothing by inheritance, it were hard that he should lose his natural freedom by it. The law however protected the perfons of villeins, as the king's fubjects, against atrocious injuries of the lord: for he might not kill or maim his villein; though he might beat him with impunity, fince the villein had no action or remedy at law against his lord, but in case of the murder of his ancestor, or the maim of his own perfon. Neifes indeed had alío an appeal of rape, in case the lord violated them by force.

Villeins might be enfranchised by manumiffion, which is either exprefs or implied: exprefs; as where a man granted to the villein a deed of manumifiion: implied; as where a man bound himself in a bond to his villein for a fum of money, granted him an annuity by deed, or gave him an eftate in fee, for life or years: for this was dealing with his villein on the footing of a freeman; it was in fome of the inftances giving him an action against his lord, and in others vefting an ownership in him entirely inconfiftent with his former ftate of bondage. So alfo if the lord brought an action against his villein, this enfranchised him; for, as the lord might have a fhort remedy against this villein, by feizing his goods (which was more than equivalent to any damages he could recover) the law, which is always ready to catch at any thing in favour of liberty, prefumed that by bringing this action he meant to fet his villein on the fame footing with himself, and therefore held it an implied manumiffion. But in cafe the lord indicted him for felony, it was otherwife; for the lord could not inflict a capital punishment on his villein, without calling in the affiftance of the law.

Villeins, by this and many other means, in procefs of time gained confiderable ground on their lords; and in particular ftrengthened the tenure of their eftates to that degree, that they came to have in them an intereft in many places full as good, in others better than their lords. For the good-nature and benevolence of many lords of manors having, time out of mind, permitted their villeins and their children to enjoy their poffeffions without interruption, in a regular course of descent,

the

the common law, of which cuftom is the life, now gave them title to prescribe against the lords; and, on performance of the fame fervices, to hold their lands, in fpite of any determination of the lord's will. For, though in general they are ftill faid to hold their eftates at the will of the lord, yet it is fuch a will as is agreeable to the custom of the manor; which customs are preferved and evidenced by the rolls of the feveral courts baron in which they are entered, or kept on foot by the conftant immemorial ulage of the feveral manors in which the lands lie. And, as fuch tenants had nothing to fhew for their eftates but thefe customs, and admiffions in purfuance of them, entered on thofe rolls, or the copies of fuch entries witneffed by the steward, they now began to be called tenants by copy of court roll,' and their tenure itself a copyhold.

Thus copyhold tenures, as Sir Edward Coke obferves, although very meanly defcended, yet come of an ancient houfe; for, from what has been premifed, it appears, that copyholds are in truth no other but villeins, who, by a long feries of immemorial encroachments on the lord, have at last eftablished a cuftomary right to thofe eftates, which before were held abfolutely at the lord's will. Which affords a very fubftantial reafon for the great variety of cuftoms that prevail in different manors, with regard both to the defcent of the eftates, and the privileges belonging to the tenants. And thefe encroachments grew to be fo univerfal, that when tenure in villenage was abolished (though copyholds were referved) by the ftatute of Charles II. there was hardly a pure villein left in the nation. For Sir Thomas Smith teftifies, that in all his time (and he was fecretary to Edward VI.) he never knew any villein in grofs throughout the realm; and the few villeins regardant that were then remaining were fuch only as had belonged to bishops, monafteries, or other ecclefiaftical corporations, in the preceding times of popery. For he tells us, that "the holy fathers, monks, and friars, had in their confeffions, and fpecially in their extreme and deadly ficknefs, convinced the laity how dangerous a practice it was, for one Chriftian man to hold another in bondage: fo that temporal men by little and little, by reafon of that terror in their confciences, were glad to manumit all their villeins. But the faid holy fathers, with the abbots and priors, did not in like fort by theirs;

for they also had a fcruple in confcience to empoverish and defpoil the church fo much, as to manumit fuch as were bond to their churches, or to the manors which the church had gotten; and fo kept their villeins still.” By thefe feveral means the generality of villeins in the kingdom have long ago fprouted up into copyholders: their perfons being enfranchifed by manumiffion or long acquiefcence; but their eftates, in 'ftrictnefs, remaining fubject to the fame fervile conditions and forfeitures as before; though, in general, the villein fervices are ufually commuted for a small pecuniary quit-rent.

As a farther confequence of what has been premifed, we may collect these two main principles, which are held to be the fupporters of a copyhold tenure, and without which it cannot exist: 1. That the land's be parcel of, and fituate within, that manor, under which it is held; 2. That they have been demifed, or demifeable, by copy of court roll immemorially. For immemorial cuftom is the life of all tenures by copy: fo that no new copyhold can, ftrictly fpeaking, be granted at this day.

In fome manors, where the custom hath been to permit the heir to fucceed the anceftor in his tenure, the eftates are stiled copyholds of inheritance; in others, where the lords have been more vigilant to maintain their rights, they remain copyholds for life only for the cuftom of the manor has in both cafes fo far fuperfeded the will of the lord, that, provided the fervices be performed or flipulated for by fealty, he cannot, in the first instance, refuse to admit the heir of his tenant upon his death; nor, in the fecond, can he remove his prefent tenant fo long as he lives, though he holds nominally by the precarious tenure of his lord's will.

The fruits and appendages of a copyhold tenure, that it hath in common with free tenures, are fealty, fervices (as well in rents as otherwise) reliefs, and efcheats. The two latter belong only to copyholds of inheritance; the former to thofe for life alfo. But, befides thefe, copyholds have alfo heriots, wardship, and fines. Heriots, which I think are agreed to be a Danish cuftom, are a render of the best beast or other good (as the custom may be) to the lord on the death of the tenant. This is plainly a relic of villein tenure; there be ing originally lefs hardship in it, when all the goods and chattels belonged to the lord, and he might have feized them even

have been faid but by fuch an exact obferver of life, in gratification of malignity, or in oftentation of acutenefs. Every hour produces inftances of the neceflity of terms of art. Mankind could never confpire in uniform affectation; it is not but by neceffity that every fcience and every trade has its peculiar language. They that content themselves with general ideas may reft in general terms; but thofe whofe ftudies or employments force them upon clofer infpection, muft have names for particular parts, and words by which they may exprefs various modes of combination, fuch as none but themselves have occafion to confider.

Artists are indeed fometimes ready to fuppofe that none can be ftrangers to words to which themselves are familiar, talk to an incidental enquirer as they talk to one another, and make their knowledge ridiculous by injudicious obtrufion. An art cannot be taught but by its proper terms, but it is not always neceffary to teach the art.

That the vulgar exprefs their thoughts clearly is far from true; and what peripicuity can be found among them proceeds not from the eafinefs of their language, but the fhallowness of their thoughts. He that fees a building as a common spectator, contents himself with relating that it is great or little, mean or fplendid, lofty or low; all thefe words are intelligible and common, but they convey no diftinct or limited ideas; if he attempts, without the terms of architecture, to delineate the parts, or enumerate the ornaments, his narration at once

becomes unintelligible. The terms, indeed, generally difplease, because they are underflood by few; but they are little understood only because few, that look upon an edifice, examine its parts, or analyfe its

columns into their members.

The ftate of every other art is the fame; as it is curforily furveyed or accurately examined, different forms of expreffion become proper. In morality it is one thing to difcufs the niceties of the cafuift, and another to direct the practice of common life. In agriculture, he that inftructs the farmer to plough and fow, may convey his notions without the words which he would find neceffary in explaining to philofophers the procefs of vegetation; and if he, who has nothing to do but to be honeft by the fhorteft way, will perplex his mind with fubtle fpeculations; or if he whofe tafk is to reap and thrash will not be contented without examining the evolution of the feed and

circulation of the fap, the writers whom either fhall confult are very little to be blamed, though it should fometimes hap pen that they are read in vain. hiler.

$59. Difcontent, the comanon Lot of all Mankind.

Such is the emptiness of human enjoy. ment, that we are always impatient of the prefent. Attainment is followed by neg lect, and poffeflion by difguft; and the malicious remark of the Greek epigrammatift on marriage, may be applied to every other courfe of life, that its two days of happinefs are the first and the last.

Few moments are more pleafing than thofe in which the mind is concerting meafures for a new undertaking. From the firft hint that wakens the fancy to the hour of actual execution, all is improvement and progrefs, triumph and felicity. Every hour brings additions to the original scheme, fuggefts fome new expedient to fecure fuccefs, or discovers confequential advantages not hitherto forefeen. While preparations are made and materials accumulated, day glides after day through elysian profpects, and the heart dances to the fong of hope.

Such is the pleasure of projecting, that many content themfelves with a fucceffion of vifionary schemes, and wear out their allotted time in the calm amusement of contriving what they never attempt or hope to execute.

Others, not able to feaft their imagination with pure ideas, advance fomewhat nearer to the groffness of action, with great diligence collect whatever is requifite to their defign, and, after a thousand refearches and confultations, are fnatched away by death, as they stand in procinctu waiting for a proper opportunity to begin.

If there were no other end of life, than to find fome adequate folace for every day, I know not whether any condition could be preferred to that of the man who involves himfelf in his own thoughts, and never fuffers experience to fhow him the vanity of fpeculation; for no fooner are notions reduced to practice, than tranquillity and confidence fortake the breaft; every day brings its talk, and often without bringing abilities to perform it: difficulties embarrafs, uncertainty perplexes, oppofition retards, cenfure exafperates, or neglect depreffes. We proceed, because we have begun; we complete our defign, that the labour already fpent may not be vain : but as expectation gradually dies away, the

3 D

gay

gay fmile of alacrity difappears, we are neceffitated to implore feverer powers, and truft the event to patience and conftancy. When once our labour has begun, the comfort that enables us to endure it is the profpect of its end; for though in every long work there are fome joyous intervals of felf-applaufe, when the attention is recreated by unexpected facility, and the imagination foothed by incidental excellencies not comprised in the first plan, yet the toil with which performance struggles after idea, is fo irkfome and difgufting, and fo frequent is the neceflity of refting below that perfection which we imagined within our reach, that feldom any man obtains more from his endeavours than a painful conviction of his defects, and a continual refufcitation of defires which he feels himfelf unable to gratify.

So certainly is wearinefs and vexation the concomitant of our undertakings, that every man, in whatever he is engaged, confoles himself with the hope of change. He that has made his way by affiduity and vigilance to public employment, talks among his friends of nothing but the delight of retirement: he whom the neceflity of folitary application fecludes from the world, liftens with a beating heart to its diftant noifes, longs to mingle with living beings, and refolves, when he can regulate his hours by his own choice, to take his fill of merriment and diverfions, or to display his abilities on the univerfal theatre, and enjoy the pleasure of diftinction and applaufe.

Every defire, however innocent or na rural, grows dangerous, as by long indulgence it becomes afcendant in the mind. When we have been much accustomed to confider any thing as capable of giving happiness, it is not eafy to reftrain our ardour, or to forbear fome precipitation in our advances, and irregularity in our purfuits. He that has long cultivated the tree, watched the fwelling bud and opening bloffom, and pleafed himfelf with computing how much every fun and fhower added to its growth, fcarcely ftays till the fruit has obtained its maturity, but defeats his own cares by eagerness to reward them. When we have diligently laboured for any purpofe, we are willing to believe that we have attained it; and becaufe we have already done much, too fuddenly conclude that no more is to be done.

All attraction is entreafed by the approach of the attracting body. We pever

find ourselves fo defirous to finish, as in the latter part of our work, or fo impatient of delay, as when we know that delay cannot be long. Part of this unfeafonable importunity of difcontent may be juftly imputed to languor and weariness, which must always opprefs us more as our toil has been longer continued; but the greater part ufually proceeds from frequent contemplation of that eafe which we now confider as near and certain, and which, when it has once flattered our hopes, we cannot fuffer to be longer withheld. Rambler.

§ 60. Feodal Syftem, Hiftory of its Rife and Progrefs.

The conflitution of feuds had its original from the military policy of the Northern or Celtic nations, the Goths, the Hunns, the Franks, the Vandals, and the Lombards, who all migrating from the fame officina gentium, as Craig very justly intitles it, poured themselves in vaft quantities into all the regions of Europe, at the declenfion of the Roman empire. It was brought by them from their own countries, and continued in their respective colonies as the moft likely means to fecure their new acquifitions: and, to that end, large districts or parcels of land were allotted by the conquering general to the fuperior of ficers of the army, and by them dealt out again in smaller parcels or allotments to the inferior officers and most deferving foldiers. Thefe allotments were called fenda, feuds, fiefs, or fees; which laft appellation in the northern languages fignifies a conditional flipend or reward. Rewards or ftipends they evidently were; and the condition annexed to them was, that the poffeffor fhould do fervice faithfully, both at home and in the wars, to him by whom they were given; for which purpofe he took the juramentum fidelitatis, or oath of fealty: and in cafe of the breach of this condition and oath, by not performing the ftipulated fervice, or by deferting the lord in battle, the lands were again to revert to him who granted them.

Allotments thus acquired, naturally engaged fuch as accepted them to defend them: and, as they all fprang from the fame right of conqueft, no part could fubfift independent of the whole; wherefore all givers, as well as receivers, were mutually bound to defend each other's poffeffions. But, as that could not effectually be done in a tumultuous irregular way, govern

ment,