ment, and to that purpose fubordination, Was neceflary. Every receiver of lands, or feudatory, was therefore bound, when called upon by his benefactor, or immediate lord of his feud or fee, to do all in his power to defend him. Such benefactor or lord was likewife fubordinate to and under the command of his immediate benefactor or fuperior; and fo upwards to the prince or general himfelf. And the feveral lords were alfo reciprocally bound, in their respective gradations, to protect the poffeffions they had given. Thus the feodal connection was established, a proper military fubjection was naturally introduced, and an army of feudatories were always ready inlifted, and mutually prepared to muster, not only in defence of each man's own feveral property, but alfo in defence of the whole, and of every part of this their newly-acquired country: the prudence of which conftitution was foon fufficiently vifible in the ftrength and fpirit with which they maintained their conquefts. The univerfality and early ufe of this Feodal plan, among all those nations which in complaifance to the Romans we ftill call Barbarous, may appear from what is recorded of the Cimbri and Tutones, nations of the fame northern original as thofe whom we have been defcribing, at their first irruption into Italy about a century before the Chriftian æra. They demanded of the Romans, " ut martius populus aliquid fibi terræ daret quafit ftipendium: ceterum, ut vellet, manibus atque armis fuis uteretur." The fenfe of which may be thus rendered: "they defired ftipendary lands (that is, feuds) to be allowed them, to be held by military and other perfonal fervices, whenever their lords fhould call upon them." This was evidently the fame conftitution, that difplayed itself more fully about feven hundred years afterwards; when the Salii, Burgundians, and Franks, broke in upon Gaul, the Vifigoths on Spain, and the Lombards upon Italy, and introduced with themselves this northern plan of polity, ferving at once to diftribute, and to protect, the territories they had newly gained. And from hence it is probable that the emperor Alexander Severus took the hint, of dividing lands conquered from the enemy among his generals and victorious foldiery, on condition of receiving military service from them and their heirs for ever. Scarce had thefe northern conquerors established themselves in their new dominions, when the wisdom of their conftitutions, as well as their perfonal valour, alarmed all the princes of Europe; that is, of thofe countries which had formerly been Roman provinces, but had revolted, or were deferted by their old mafters, in the general wreck of the empire. Wherefore most, if not all, of them, thought it neceffary to enter into the fame or a fimilar plan of policy, For whereas, before, the poffeffions of their fubjects were perfectly allodial (that is, wholly independent, and held of no fuperior at all) now they parcelled out their royal territories, or perfuaded their fubjects to furrender up and retake their own landed property, under the like feodal obligation of military fealty. And thus, in the compafs of a very few years, the feodal conftitution, or the doctrine of tenure, extended itself over all the western world. Which alteration of landed property, in fo very material a point, neceffarily drew after it an alteration of laws and cuftoms; fo that the feodal laws foon drove out the Roman, which had univerfally obtained, but now became for many centuries loft and forgotten; and Italy itfelf (as fome of the civilians, with more spleen than judgment, have expreffed it) belluinas, atque ferinas, immanejque Longobardorum leges accepit. By this feodal polity, which was thus by degrees eftablished over all the conti. nent of Europe, feems not to have been received in this part of our island, at least not univerfally, and as a part of the national conftitution, till the reign of William the Norman. Not but that it is reafonable to believe, from abundant traces in our history and laws, that even in the times of the Saxons, who were a fwarm from what Sir William Temple calls the fame northern hive, fomething fimilar to this was in ufe: yet not fo extenfively, nor attended with all the rigour, that was afterwards imported by the Normans. For the Saxons were firmly fettled in this ifland, at leaft as early as the year 600: and it was not till two centuries after, that feuds arrived to their full vigour and maturity, even on the continent of Europe. This introduction however of the feodal tenures into England, by king William, does not feem to have been effected immediately after the conqueft, nor by the mere arbitrary will and power of the con3 D 2 queror; queror; but to have been confented to by the great council of the nation long after his title was established. Indeed, from the prodigious flaughter of the English nobility at the battle of Haltings, and the fruitless infurrections of thofe who furvive ed, fuch numerous forfeitures had accrued, that he was able to reward his Norman followers with very large and extenfive poffeffions: which gave a handle to the monkish hiftorians, and fuch as have implicitly followed them, to reprefent him as having by the right of the fword feized on all the lands of England, and dealt them out again to his own favourites. A fuppofition, grounded upon a mistaken fenfe of the word conqueft; which, in its feodal acceptation, fignifies no more than acquifition and this has led many hafty writers into a ftrange hiftorical mistake, and one which upon the flighteft examination will be found to be moft untrue. However, certain it is, that the Normans now began to gain very large poffeffions in England: and their regard for their feodal law, under which they had long lived, together with the king's recommendation of this policy to the English, as the best way to put themfelves on a military footing, and thereby to prevent any future attempts from the continent, were probably the reafons that prevailed to effect his establishment here. And perhaps we may be able to ascertain the time of this great revolution in our landed property with a tolerable degree of exactnefs. For we learn from the Saxon Chronicle, that in the nineteenth year of king William's reign an invafion was apprehended from Denmark; and the military conftitution of the Saxons being then laid aside, and no other introduced in its ftead, the kingdom was wholly defencelefs: which occafioned the king to bring over a large army of Normans and Bretons, who were quartered upon every landholder, and greatly oppreffed the people. This apparent weakness, together with the grievances occafioned by a foreign force, might co-operate with the king's remonstrances, and the better incline the nobility to liften to his proposals for putting them in a pofture of defence. For, as foon as the danger was over, the king held a great council to enquire into the ftate of the nation; the immediate confequence of which was the compiling of the great furvey called Domesday-book, which was finished in the next year: and in the latter end of that very year the king was attended by all his nobility at Sarum; where all the principal landholders fubmitted their lands to the yoke of military tenure, became the king's vaffals, and did homage and fealty to his perfon. This feems to have been the æra of formally introducing the feodal tenures by law; and probably the very law, thus made at the council of Sarum, is that which is ftill extant, and couched in these remarkable words: " ftatuimus, ut omnes liberi homines fædere & facramento affirment, quod intra & extra univerfum regnum Anglia Wilhelmo regi domino fuo fideles effe volunt; terras & honores illius omni fidelitate ubique fervare cum eo, et contra inimicos et alienigenas defendere." The terms of this law (as Sir Martin Wright has obferved) are plainly feodal: for, firft, it requires the oath of fealty, which made, in the fenfe of the feudits, every man that took it a tenant or vaffal; and, fecondly, the tenants obliged themselves to defend their lords territories and titles against all enemies foreign and domeftic. But what puts the matter out of difpute is another law of the fame collection, which exacts the performance of the military feodal fervices, as ordained by the general council: "Omnes comites, & barones, & milites, & fervientes, & univerfi liberi bomines totius regni noftri prædicti, habeant & teneant fe femper bene in armis in equis, ut decet & oportet: & fint femper prompti & bene parati ad fervitium fuum integrum nobis explendum & peragendum cum opus fuerit; fecundum quod nobis debent de fœdis & tenementis fuis de jure faccre ; I ficut illis ftatuimus per commune concilium totius regni noftri prædicti." This new polity therefore feems not to have been impofed by the conqueror, but nationally and freely adopted by the general affembly of the whole realm, in the fame manner as other nations of Europe had before adopted it, upon the fame principle of felf-fecurity. And, in particular, they had the recent example of the French nation before their eyes, which had gradually furrendered up all its allodial or free lands into the king's hands, who restored them to the owners as a bentficium or feud, to be held to them and fuch of their heirs as they previously nominated to the king: and thus, by degrees, all the allodial estates of France were converted into feuds, and the freemen became the vaffals of the crown. The only difference between this change of tenures in France, and and that in England, was, that the former was effected gradually, by the confent of private perfons; the latter was done at once, all over England, by the common confent of the nation. In confequence of this change, it became a fundamental maxim and neceffary principle (though in reality a mere fiction) of our English tenures," that the king is the univerfal lord and original proprietor of all the lands in his kingdom; and that no man doth or can poffefs any part of it, but what has mediately or immediately been derived as a gift from him, to be held upon feodal fervices." For, this being the real cafe in pure, original, proper feuds, other nations who adopted this fyftem were obliged to act upon the fame fuppofition, as a fubftruction and foundation of their new polity, though the fact was indeed far otherwife. And, indeed, by thus confenting to the introduction of feodal tenures, our English ancestors probably meant no more than to put the kingdom in a flate of defence by a military fyftem; and to oblige themfelves (in refpect of their lands) to maintain the king's title and territories, with equal vigour and fealty, as if they had received their lands from his bounty upon thefe exprefs conditions, as pure, proper, beneficiary feudatories. But, whatever their meaning was, the Norman interpreters, skilled in all the niceties of the feodal conftitutions, and well understanding the import and extent of the feodal terms, gave a very different conftruction to this proceeding; and thereupon took a handle to introduce, not only the rigorous doctrines which prevailed in the duchy of Normandy, but also fuch fruits and dependencies, fuch hardships and fervices as were never known to other nations; as if the English had in fact, as well as theory, owed every thing they had to the bounty of their fo vereign lord. Our ancestors therefore, who were by no means beneficiaries, but had barely confented to this fiction of tenure from the crown, as the bafis of a military difcipline, with reafon looked upon thofe deductions as grievous impofitions, and arbitrary conclufions from principles that, as to them, had no foundation in truth. However, this king, and his fon William Rufus, kept up with a high hand all the rigours of the feodal doctrines: but their fucceffor, Henry I. found it expedient, when he fet up his pretensions to the crown, to promife a reftitution of the laws of king Edward the Confeffor, or ancient Saxon system; and accordingly, in the first year of his reign, granted a charter, whereby he gave up the greater grievances, but ftill referved the fiction of feodal tenure, for the fame military purposes which engaged his father to introduce it. But this charter was gradually broke through, and the former grievances were revived and aggravated, by himself and fucceeding princes: till in the reign of king John they became fo intolerable, that they occafioned his barons, or principal feudatories, to rife up in arms against him: which at length produced the famous great charter at Running-mead, which, with fome alterations, was confirmed by his fon Henry III. And though its im munities (efpecially as altered on its laft edition by his fon) are very greatly short of thofe granted by Henry I. it was juftly efteemed at the time a vaft acquifition to English liberty. Indeed, by the farther alteration of tenures that has fince happened, many of these immunities may now appear, to a common obferver, of much lefs confequence than they really were when granted: but this, properly confidered, will fhew, not that the acquifitions under John were small, but that thofe under Charles were greater. And from hence alfo arifes another inference; that the liberties of Englishmen are not (as fome arbitrary writers would represent them) mere infringements of the king's prero gative, extorted from our princes by taking advantage of their weakness; but a reitoration of that ancient conftitution, of which our ancestors had been defrauded by the art and fineffe of the Norman lawyers, rather than deprived by the force of the Norman arms. Blackstone's Commentaries. $61. Of British Furies. The method of trials by juries is generally looked upon as one of the molt excellent branches of our conftitution. In theory it certainly appears in that light. According to the original eftablishment, the jurors are to be men of competent fortunes in the neighbourhood; and are to be fo avowedly indifferent between the parties concerned, that no reasonable exception can be made to them on either fide. In treafon the perfon accufed has a right to challenge five-and-thirty, and in felony twenty, without fhewing caufe of challenge. Nothing can be more equitable. No prifoner can defire a fairer field. But the misfortune is, that our juries are often compofed of men of mean eftates and low understandings, and many difficult points of law are brought before them, and fubmitted to their verdict, when perhaps they are not capable of determining, properly and judiciously, fuch nice matters of juftice, although the judges of the court explain the nature of the cafe, and the law which arifes upon it. But if they are not defective in knowledge, they are fometimes, I fear, from their station and indigence, liable to corruption. This indeed is an objection more to the privilege lodged with juries, than to the inftitution itself. The point moft liable to objection is the power, which any one or more of the twelve have to ftarve the reft into a compliance with their opinion; fo that the verdict may poffibly be given by strength of constitution, not by conviction of confcience; and wretches hang that jurymen may dine. Orrery. Mankind in general are not fufficiently acquainted with the import of the word justice it is commonly believed to confift only in a performance of thofe duties to which the laws of fociety can oblige us. This, I allow, is fometimes the import of the word, and in this fenfe juftice is diftinguifhed from equity; but there is a justice ftill more extenfive, and which can be thewn to embrace all the virtues united. Juftice may be defined, that virtue which impels us to give to every perfon what is his due. In this extended fenfe of the word, it comprehends the practice of every virtue which reafon prefcribes, or fociety fhould expect. Our duty to our Maker, to each other, and to ourselves, are fully answered, if we give them what we owe them. Thus juftice, properly fpeaking, is the only virtue, and all the reft have their origin in it. The qualities of candour, fortitude, charity, and generofity, for inftance, are not in their own nature virtues; and, if ever they deferve the title, it is owing only to juftice, which impels and directs them. Without fuch a moderator, candour might become indifcretion, fortitude obftinacy, charity imprudence, and generofity miftaken profufion. A difinterested action, if it be not conducted by justice, is, at beft, indifferent in its nature, and not unfrequently even turns to vice. The expences of fociety, of prefents, of entertainments, and the other helps to chearfulness, are actions merely indifferent, when not repugnant to a better method of difpofing of our fuperfluities; but they become vicious when they obftruct or exhaust our abilities from a more virtuous difpofition of our circumftances. True generofity is a duty as indifpenfa bly neceffary as thofe impofed on us by law. It is a rule impofed on us by reafon, which should be the fovereign law of a rational being. But this generofity does not confift in obeying every impulfe of humanity, in following blind paffion for our guide, and impairing our circumstances by prefent benefactions, fo as to render us incapable of future ones. Goldsmith's Effays. §63. Habit, the Difficulty of conquering. There is nothing which we estimate so fallaciously as the force of our own refolutions, nor any fallacy which we fo unwillingly and tardily detect. He that has refolved a thousand times, and a thoufand times deferted his own purpofe, yet fuffers no abatement of his confidence, but fill believes himself his own mafter, and able, by innate vigour of foul, to prefs forward to his end, through all the obstructions that inconveniences or delights can put in his way. That this mistake fhould prevail for a time is very natural. When conviction is prefent, and temptation out of fight, we do not eafily conceive how any reafonable be ing can deviate from his true intereft. What ought to be done while it yet hangs only in fpeculation, is fo plain and certain, that there is no place for doubt; the whole foul yields itfelf to the predominance of truth, and readily determines to do what, when the time of action comes, will be at laft omitted. I believe most men may review all the lives that have paffed within their obfervation, without remembering one efficacious refolution, or being able to tell a fingle inftance of a courfe of practice fuddenly changed in confequence of a change of opinion, or an establishment of determination. Many indeed alter their conduct, and are not at fifty what they were at thirty, but they commonly varied imperceptibly from themselves, followed the train of external causes, and rather fuffered reformation than made it. It is not uncommon to charge the difference between promife and performance, between profeffion and reality, upon deep defign and ftudied deceit; but the truth is, that there is very little hypocrify in the world; we do not fo often endeavour or wish to impofe on others as on ourselves; we re. folve to do right, we hope to keep our refolutions, we declare them to confirm our own hope, and fix our own inconftancy by calling witneffes of our actions; but at last habit prevails, and thofe whom we invited at our triumph, laugh at our defeat. Cuftom is commonly too ftrong for the moft refolute refolver, though furnished for the affault with all the weapons of philofophy. "He that endeavours to free himfelf from an ill habit," fays Bacon, "muft not change too much at a time, " left he fhould be difcouraged by difficulty; nor too little, for then he will "make but flow advances." This is a precept which may be applauded in a book, but will fail in the trial, in which every change will be found too great or too little. Thofe who have been able to conquer habit, are like thofe that are fabled to have returned from the realms of Pluto: Pauci, quos æquus amavit Jupiter, atque ardens evexit ad æthera virtus. They are fufficient to give hope but not fecurity, to animate the conteft but not to promife victory. Those who are in the power of evil habits, must conquer them as they can, and conquered they must be, or neither wisdom nor happiness can be attained; but thofe who are not yet fubject to their influence, may, by timely caution, preferve their freedom, they may effectually refolve to escape the tyrant, whom they will very vainly refolve to conquer. Idler. $64. Halfpenny, its Adventures, « Sir, "I fhall not pretend to conceal from you the illegitimacy of my birth, or the bafenefs of my extraction and though I feem to bear the venerable marks of old age, I received my being at Birmingham not fix months ago. From thence I was tranfported, with many of my brethren of different dates, characters, and configura tions, to a Jew pedlar in Duke's-place, who paid for us in fpecie fcarce a fifth part of our nominal and extrinsic value. We were foon after feparately difpofed of, at a more moderate profit, to coffee-houfes, chop-houfes, chandlers-fhops, and gin fhops. I had not been long in the world, before an ingenious tranfmuter of metals laid violent hands on me; and obferving my thin fhape and flat furface, by the help of a little quickfilver exalted me into a fhilling, Ufe, however, foon degraded me again to my native low ftation; and I unfortunately fell into the poffeffion of an urchin just breeched, who received me as a Chriftmas-box of his god-mother. "A love of money is ridiculously in ftilled into children fo early, that before they can poffibly comprehend the use of it, they confider it as of great value: I loft therefore the very effence of my being, in the cuftody of this hopeful difciple of avarice and folly; and was kept only to be looked at and admired: but a bigger boy after a while fnatched me from him, and releafed me from my confinement. "I now underwent various hardships among his play-fellows, and was kicked about, huftled, toffed up, and chucked into holes; which very much battered and impaired me: but I fuffered most by the pegging of tops, the marks of which I have borne about me to this day. I was in this ftate the unwitting caufe of rapacity, ftrife, envy, rancour, malice, and revenge, among the little apes of mankind; and became the object and the nurfe of thofe paffions which disgrace human nature, while I appeared only to engage children in innocent paftimes. At length I was difmiffed from their fervice by a throw with a barrowwoman for an orange. From her it is natural to conclude, I pofted to the gin-fhop; where, indeed, it is probable I fhould have immediately. gone, if her husband, a foot-foldier, had not wrefted me from her, at the expence of a bloody nofe, black eye, fcratched face, and torn regimentals. By him I was carried to the Mall in St. James's Park, where. I am ashamed to tell how I parted from him-let it fuffice that I was foon after depofited in a night-cellar. "From hence I got into the coat-pocket of a blood, and remained there with feveral of my brethren for fome days unnoticed. But one evening as he was reeling home from the tavern, he jerked a whole handful of us through a fafh-window into the dining-room of a tradefiman, who he remembered had been fo unmannerly to him the day before, as to defire payment of his bill. We repofed in foft eafe on a fine Turkey carpet till the next morning, when the maid fwept us up; and fome of us 3 D4 were |
