[95]See Coke Litt. and Hargraves notes on this subject.
[95]See Coke Litt. and Hargraves notes on this subject.
[96]Mallets North. Antiquities.
[96]Mallets North. Antiquities.
[97]Mentioned in the preceding note, copied from Mallet.
[97]Mentioned in the preceding note, copied from Mallet.
[98]These facts gave rise to Cokes quaint remarks, "that the law delighteth herself in the number of twelv;" and he adds, "the number of twelv iz much respected in holy writ; as 12 apostles, 12 stones, 12 tribes, &c." On juries, fol. 155.
[98]These facts gave rise to Cokes quaint remarks, "that the law delighteth herself in the number of twelv;" and he adds, "the number of twelv iz much respected in holy writ; as 12 apostles, 12 stones, 12 tribes, &c." On juries, fol. 155.
[99]Com. Vol. I. 398.
[99]Com. Vol. I. 398.
[100]Com. Vol. I. 399.
[100]Com. Vol. I. 399.
[101]I am by no meens certain that this derivation ofcountsfromcomites, iz just; it iz at leest az probable az otherwise, thatconteesmay be a Gothic word. But this iz conjecture.
[101]I am by no meens certain that this derivation ofcountsfromcomites, iz just; it iz at leest az probable az otherwise, thatconteesmay be a Gothic word. But this iz conjecture.
[102]See Cowel on the wordthane; and in Domesday, "thanus, est tenens, qui est caput manerii."
[102]See Cowel on the wordthane; and in Domesday, "thanus, est tenens, qui est caput manerii."
[103]Com. Vol. I. 403. "But the same author, in page 399, says, the right ofpeerageseems to hav been originally territorial, that iz, annexed to lands, manors, &c. the proprietors of which were, in right of thoze estates, allowed to bepeers of the relm;" that iz, in plain English, certain men, in right of their estates, were allowed to beequalsof the relm. This will not pass for reezon and truth on this side of the Atlantic.
[103]Com. Vol. I. 403. "But the same author, in page 399, says, the right ofpeerageseems to hav been originally territorial, that iz, annexed to lands, manors, &c. the proprietors of which were, in right of thoze estates, allowed to bepeers of the relm;" that iz, in plain English, certain men, in right of their estates, were allowed to beequalsof the relm. This will not pass for reezon and truth on this side of the Atlantic.
[104]Horne, in hiz Mirror of Justices, chap. I. sect. 2. says, "altho the king ought not to hav anypeer(that iz,equal) in the land, yet because he cannot be a judge in a case where he iz a party, it waz behovefull by the law that he should havcompanionsto heer and determin of all writs and plaints of all wrongs, &c. Theze companions are now calledcountees,earles, according to the Latincomites, &c." This iz singular! The king ought to hav noequal; therefore he ought to havcompanionsfor judges; or, in plainer words, if possible, the king ought not to havequalsin the kingdom, therefore he should havpeersto heer and determin criminal causes. Common sense at leest, if not etymology, will say, "the king ought not to havequals, but he must havjudges."
[104]Horne, in hiz Mirror of Justices, chap. I. sect. 2. says, "altho the king ought not to hav anypeer(that iz,equal) in the land, yet because he cannot be a judge in a case where he iz a party, it waz behovefull by the law that he should havcompanionsto heer and determin of all writs and plaints of all wrongs, &c. Theze companions are now calledcountees,earles, according to the Latincomites, &c." This iz singular! The king ought to hav noequal; therefore he ought to havcompanionsfor judges; or, in plainer words, if possible, the king ought not to havequalsin the kingdom, therefore he should havpeersto heer and determin criminal causes. Common sense at leest, if not etymology, will say, "the king ought not to havequals, but he must havjudges."
[105]Blackstone, Vol. I. 157, from Staunford P C. 153.
[105]Blackstone, Vol. I. 157, from Staunford P C. 153.
[106]It iz now held thate converso, a vote of the spiritual lords, if a majority, iz good against all the temporal lords; but Coke douts it. Supposing this to be admitted, the privilege is modern, and makes nothing against my supposition.
[106]It iz now held thate converso, a vote of the spiritual lords, if a majority, iz good against all the temporal lords; but Coke douts it. Supposing this to be admitted, the privilege is modern, and makes nothing against my supposition.
[107]It haz been remarked thatbaroniz the most general title of nobility; indeed every nobleman waz originally abaron. Coke. I. 74. The lords of manors, both in England and on the continent, were the suitors in the king's court, and calledpares curtisorcuriæ. The lords tenants were called thepeersof hiz court baron. See Blackstone, Vol. I. ch. 4.
[107]It haz been remarked thatbaroniz the most general title of nobility; indeed every nobleman waz originally abaron. Coke. I. 74. The lords of manors, both in England and on the continent, were the suitors in the king's court, and calledpares curtisorcuriæ. The lords tenants were called thepeersof hiz court baron. See Blackstone, Vol. I. ch. 4.
[108]The Norman princes might well call their councilsparliaments,meetings of barons; for they often summoned none but the barons and clergy, and sometimes but a few of the barons. Henry the third, once summoned but twenty five barons of two hundred and fifty, then in the kingdom, and one hundred and fifty of the clergy. Yet this meeting waz aparliament. Selden, chap. 67.
[108]The Norman princes might well call their councilsparliaments,meetings of barons; for they often summoned none but the barons and clergy, and sometimes but a few of the barons. Henry the third, once summoned but twenty five barons of two hundred and fifty, then in the kingdom, and one hundred and fifty of the clergy. Yet this meeting waz aparliament. Selden, chap. 67.
[109]Thoze who wish to see a more particular account of the extensiv judicial powers of the barons in Europe, may consult Robertson's Charles V. Vol. I. page 49, and note [Z] page 250, where the authorities are referred to.
[109]Thoze who wish to see a more particular account of the extensiv judicial powers of the barons in Europe, may consult Robertson's Charles V. Vol. I. page 49, and note [Z] page 250, where the authorities are referred to.
[110]Coke Litt. 74. That the freeholders were judges iz tru; but that the barons and freeholders derived their authority from kings, iz wholly a mistake.
[110]Coke Litt. 74. That the freeholders were judges iz tru; but that the barons and freeholders derived their authority from kings, iz wholly a mistake.
[111]1. Coke Litt. 73.
[111]1. Coke Litt. 73.
[112]Cap. I. Sect. III.
[112]Cap. I. Sect. III.
[113]He must speak of the state of things after the conquest, otherwisejustices in eyrewould not hav been mentioned.
[113]He must speak of the state of things after the conquest, otherwisejustices in eyrewould not hav been mentioned.
[114]Law Dict.Court baron.
[114]Law Dict.Court baron.
[115]Bacon's Selden chap. 24.
[115]Bacon's Selden chap. 24.
[116]Some say this see waz eight hundred akers of land; others, six hundred and eighty, or 20l. a year, which, considering the difference in the value of money, waz equal perhaps to 300l. or 400l. at the present time. Here seems to be a confusion of ancient and modern ideas. The ancient knights see waz a certain tract of land; in later times that see was valued at 20l. in money.
[116]Some say this see waz eight hundred akers of land; others, six hundred and eighty, or 20l. a year, which, considering the difference in the value of money, waz equal perhaps to 300l. or 400l. at the present time. Here seems to be a confusion of ancient and modern ideas. The ancient knights see waz a certain tract of land; in later times that see was valued at 20l. in money.
[117]Hale's Hist of Com. Law, 154.
[117]Hale's Hist of Com. Law, 154.
[118]L L Ethel. c. 4.
[118]L L Ethel. c. 4.
[119]We find by ancient records, that the clergy, before the conquest, were sometimes summoned az jurors or judges in the temporal courts.[d]But thethaneswere the most usual judges in the courts baron. The proper Saxon name of this court wazhalimateorhalmote, hallmeeting; "Omnis causa terminetur vel hundredo, vel comitatu, velhalimote, socam habentiam, vel dominorum curia."[e]And in W. Thorn, Anno 1176, the judges of this court are expressly said to be thanes, "thanenses, quiinHalimotosuo, in Thaneto, omnia sua judicia exerceri," (debent.) Selden, chap. 47, mentions a law of Henry I, which recites a custom of that time, by which "thebishopsanderls, withother the cheef menof the county, were present in the county court az assistants in directory of judgement." Nothing can be more explicit. And altho Selden, in a passage hereafter quoted, mentions a compromise between Gunthrune, the Dane, and the Saxon king, that men of a rank inferior to lords should be tried by theirequals, yet this inferior rank could extend only tofreemen; for others were never admitted upon juries.[d]See Selden, tit Sax. bishops.[e]L. L. Hen. I. cap. 10.
[119]We find by ancient records, that the clergy, before the conquest, were sometimes summoned az jurors or judges in the temporal courts.[d]But thethaneswere the most usual judges in the courts baron. The proper Saxon name of this court wazhalimateorhalmote, hallmeeting; "Omnis causa terminetur vel hundredo, vel comitatu, velhalimote, socam habentiam, vel dominorum curia."[e]And in W. Thorn, Anno 1176, the judges of this court are expressly said to be thanes, "thanenses, quiinHalimotosuo, in Thaneto, omnia sua judicia exerceri," (debent.) Selden, chap. 47, mentions a law of Henry I, which recites a custom of that time, by which "thebishopsanderls, withother the cheef menof the county, were present in the county court az assistants in directory of judgement." Nothing can be more explicit. And altho Selden, in a passage hereafter quoted, mentions a compromise between Gunthrune, the Dane, and the Saxon king, that men of a rank inferior to lords should be tried by theirequals, yet this inferior rank could extend only tofreemen; for others were never admitted upon juries.
[d]See Selden, tit Sax. bishops.
[d]See Selden, tit Sax. bishops.
[e]L. L. Hen. I. cap. 10.
[e]L. L. Hen. I. cap. 10.
[120]"And the sheriffs and bailiffs caused the free tenants of their bailiwicks to meet at the counties and hundreds, at which justice waz so done, that every one so judged hiz nabor by such judgement az a man could not elsewhere receev in the like cases, until such times az the customs of the relm were put in writing, and certainly established."—— Mirror. chap 1. sect. 3.
[120]"And the sheriffs and bailiffs caused the free tenants of their bailiwicks to meet at the counties and hundreds, at which justice waz so done, that every one so judged hiz nabor by such judgement az a man could not elsewhere receev in the like cases, until such times az the customs of the relm were put in writing, and certainly established."—— Mirror. chap 1. sect. 3.
[121]Fleta. lib. I. c. 47.
[121]Fleta. lib. I. c. 47.
[122]Laghman, to this day, iz the name of a judge or magistrate, both in Sweden and Iceland. In theze countries it retains its primitiv and tru English meening.—Mallets North. Antiq. Vol. I.
[122]Laghman, to this day, iz the name of a judge or magistrate, both in Sweden and Iceland. In theze countries it retains its primitiv and tru English meening.—Mallets North. Antiq. Vol. I.
[123]Selden waz forced to confess thejure consultiandætate superiores, so often mentioned in the Saxon laws, az composing the homage or jury of twelv, to hav beencheef men both for experience and knowlege. To such asstumble at this conceet, as he expresses it, he remarks that the work of jurors requires them to be cheef men, az theyjudge of matter of fact; (a reezon drawn from the modern notions of jurymen's province.) And he adds, the jurors, who were co-assessors, with the bishop or sheriff in the court, were seeted in the most eminent place, and might hav held it to this day, az they do in Sweden, had thecheef menstill holden the service. But the great became negligent of such public duties, and left the business to thoze of a meener condition, who would not or durst not take the bench; and therefore took their seets on the floor—(took separate seets.) He says further, that the Danes, on their settlement in England, would not associate with men of this condition; so that a compromise took place between Alfred, the Saxon king, and Gunthrune, the Dane, by which it waz decreed, that a lord or baron should be tried by twelv lords, and one of inferior rank, byeleven of his equalsandone lord. This waz in the case of homicide only; tho afterwards the law might extend to other cases and civil suits. By hiz own account of the matter, this writer supposes the trial bytwelvwaz originally a trial by thecheef men, (thanes lahmen) and the idea of equality waz never suggested in the practice till the ninth or tenth century. But juries existed az courts for centuries before; and the wordpeersiz acknowleged to hav had its origin on the continent, where it signified the lords or members of the high court instituted by Charlemagne. In modern use, trial bypeersiz trial by equalsgenerally; for men are mostly become freemen and landholders; but this waz not the primitiv practice; nor wasequalitythe basis of the institution. Even if we suppose the word peer to hav signifiedequal, as uzed originally on the continent, it extended no privilege on that account to the body of the nations where it waz used; for it ment only thekings equals, hizcomites, hiz dukes, erls and barons, among whom he waz merelyprimus inter pares. In England Bracton, who wrote under Henry III, declares the king waz considered in this light; and that the "erls and barons are his associates, who ought to bridle him, when the law does not."[f]The courts then which Charlemagne instituted in France and Germany, consisted merely of the kingspeersorequals; and in theze countries, the courts remain mostly on the ancient footing; so that none but the nobility can be tried by theirequals. In this sense of the word therefore juries were not used in England, till the compromise between Alfred and Gunthrune, about the year 900. Before that period, the jurors were not called or considered azequals; but they werethanes,jure consulti,lahmenandclergymen. A distinction afterwards took place, and lords were tried bytheirequals, and commoners bytheirs.[f]L. I. c. 16.
[123]Selden waz forced to confess thejure consultiandætate superiores, so often mentioned in the Saxon laws, az composing the homage or jury of twelv, to hav beencheef men both for experience and knowlege. To such asstumble at this conceet, as he expresses it, he remarks that the work of jurors requires them to be cheef men, az theyjudge of matter of fact; (a reezon drawn from the modern notions of jurymen's province.) And he adds, the jurors, who were co-assessors, with the bishop or sheriff in the court, were seeted in the most eminent place, and might hav held it to this day, az they do in Sweden, had thecheef menstill holden the service. But the great became negligent of such public duties, and left the business to thoze of a meener condition, who would not or durst not take the bench; and therefore took their seets on the floor—(took separate seets.) He says further, that the Danes, on their settlement in England, would not associate with men of this condition; so that a compromise took place between Alfred, the Saxon king, and Gunthrune, the Dane, by which it waz decreed, that a lord or baron should be tried by twelv lords, and one of inferior rank, byeleven of his equalsandone lord. This waz in the case of homicide only; tho afterwards the law might extend to other cases and civil suits. By hiz own account of the matter, this writer supposes the trial bytwelvwaz originally a trial by thecheef men, (thanes lahmen) and the idea of equality waz never suggested in the practice till the ninth or tenth century. But juries existed az courts for centuries before; and the wordpeersiz acknowleged to hav had its origin on the continent, where it signified the lords or members of the high court instituted by Charlemagne. In modern use, trial bypeersiz trial by equalsgenerally; for men are mostly become freemen and landholders; but this waz not the primitiv practice; nor wasequalitythe basis of the institution. Even if we suppose the word peer to hav signifiedequal, as uzed originally on the continent, it extended no privilege on that account to the body of the nations where it waz used; for it ment only thekings equals, hizcomites, hiz dukes, erls and barons, among whom he waz merelyprimus inter pares. In England Bracton, who wrote under Henry III, declares the king waz considered in this light; and that the "erls and barons are his associates, who ought to bridle him, when the law does not."[f]The courts then which Charlemagne instituted in France and Germany, consisted merely of the kingspeersorequals; and in theze countries, the courts remain mostly on the ancient footing; so that none but the nobility can be tried by theirequals. In this sense of the word therefore juries were not used in England, till the compromise between Alfred and Gunthrune, about the year 900. Before that period, the jurors were not called or considered azequals; but they werethanes,jure consulti,lahmenandclergymen. A distinction afterwards took place, and lords were tried bytheirequals, and commoners bytheirs.
[f]L. I. c. 16.
[f]L. I. c. 16.
[124]"The division of the county waz done byfreemen, who are thesole judges thereof."[g]Selden, Matthew, Paris, and others, testify that thefolk-mote, peeple's meeting or county court, waz a county parliament, invested with legislativ or discretionary powers in county matters. In theze small districts, they appeer to hav been competent to decide all controversies, and make all necessary local regulations. The legislativ, judicial and executiv powers, both civil and ecclesiastical, were originally blended in the same council; the witena-gemote had the powers of a legislature, of a court of law, and of a court of equity over the whole kingdom, in all matters of great and general concern. But this court waz composed of lords, bishops, andmajores natuorsapientes, men respected for their age and lerning, who were of the rank offreemen. All the freemen were bound also to do suit in the lords court, and to attend thefolk-moteon the sheriffs summons; buttwelvwere usually selected to sit az judges in common cases.[g]Selden on the authority of Polydore.The vast powers of the county court, when the freeholders were all summoned and actually sat in judgement, may be understood by two facts. One, the conquerors half-brother, and Lanfrank, archbishop of Canterbury, had a dispute about certain lands and tenements in Kent. The archbishop petitioned the king, who issued hiz writ, and summoned the freemen of the county, to take cognizance of the suit. After three days trial, the freemen gave judgement for the archbishop, and the decision waz final.In like manner, two peers of the relm, a Norman and an Italian, submitted a title in fifteen manors, two townships, and many liberties, to the freeholders of the county, whose judgement waz allowed by the king.[h][h]Selden. Chap. 48.
[124]"The division of the county waz done byfreemen, who are thesole judges thereof."[g]Selden, Matthew, Paris, and others, testify that thefolk-mote, peeple's meeting or county court, waz a county parliament, invested with legislativ or discretionary powers in county matters. In theze small districts, they appeer to hav been competent to decide all controversies, and make all necessary local regulations. The legislativ, judicial and executiv powers, both civil and ecclesiastical, were originally blended in the same council; the witena-gemote had the powers of a legislature, of a court of law, and of a court of equity over the whole kingdom, in all matters of great and general concern. But this court waz composed of lords, bishops, andmajores natuorsapientes, men respected for their age and lerning, who were of the rank offreemen. All the freemen were bound also to do suit in the lords court, and to attend thefolk-moteon the sheriffs summons; buttwelvwere usually selected to sit az judges in common cases.
[g]Selden on the authority of Polydore.
[g]Selden on the authority of Polydore.
The vast powers of the county court, when the freeholders were all summoned and actually sat in judgement, may be understood by two facts. One, the conquerors half-brother, and Lanfrank, archbishop of Canterbury, had a dispute about certain lands and tenements in Kent. The archbishop petitioned the king, who issued hiz writ, and summoned the freemen of the county, to take cognizance of the suit. After three days trial, the freemen gave judgement for the archbishop, and the decision waz final.
In like manner, two peers of the relm, a Norman and an Italian, submitted a title in fifteen manors, two townships, and many liberties, to the freeholders of the county, whose judgement waz allowed by the king.[h]
[h]Selden. Chap. 48.
[h]Selden. Chap. 48.
[125]"Magnaque et comitum æmulatio, quibus primus apud principem suum locus; et principum, cui plurimi et acerrimi comites."[i]The princes kept az many of these retainers in their service in time of peace, az they could support. "Hæc dignitas, hæ vires, magno semper elestorum juvenum globo circumdari, in pace, decus, in bello, præsidium. Ibid."[i]Tacitus de mor Germ. c. 13.
[125]"Magnaque et comitum æmulatio, quibus primus apud principem suum locus; et principum, cui plurimi et acerrimi comites."[i]The princes kept az many of these retainers in their service in time of peace, az they could support. "Hæc dignitas, hæ vires, magno semper elestorum juvenum globo circumdari, in pace, decus, in bello, præsidium. Ibid."
[i]Tacitus de mor Germ. c. 13.
[i]Tacitus de mor Germ. c. 13.
[126]In the time of Henry II, there were in England eleven hundred and fifteen castles, and az many tyrants az lords of castles. William of Newbury says, in the reign of Stephen, "Erant in Anglia quodammodo tot reges, vel potius tyranni, quot domini castellorum." It waz the tyranny of theze lords or their deputies, which rendered the intervention of twelv judges of the naborhood, highly necessary to preserve the peeple from the impositions of their rapacious masters. Hence the privilege of this mode of trial derived an inestimable valu.
[126]In the time of Henry II, there were in England eleven hundred and fifteen castles, and az many tyrants az lords of castles. William of Newbury says, in the reign of Stephen, "Erant in Anglia quodammodo tot reges, vel potius tyranni, quot domini castellorum." It waz the tyranny of theze lords or their deputies, which rendered the intervention of twelv judges of the naborhood, highly necessary to preserve the peeple from the impositions of their rapacious masters. Hence the privilege of this mode of trial derived an inestimable valu.
[127]Connecticut.
[127]Connecticut.
[128]About the year 580.
[128]About the year 580.
[129]Heriots or reliefs.
[129]Heriots or reliefs.
[130]Lancæe.
[130]Lancæe.
[131]Possibly forMancusæ, i. e. thirty pence.
[131]Possibly forMancusæ, i. e. thirty pence.
[132]Capatanei.
[132]Capatanei.
[133]This opinion of the lerned Camden, adds no small weight to my conjectures reflecting the origin of trialper pares.
[133]This opinion of the lerned Camden, adds no small weight to my conjectures reflecting the origin of trialper pares.
[134]Optimos.
[134]Optimos.
[135]Blackstone Com. Vol. I. 100.
[135]Blackstone Com. Vol. I. 100.
[136]Lelands Introd. to Hist. of Ireland.
[136]Lelands Introd. to Hist. of Ireland.
[137]L. L. Hoeli.
[137]L. L. Hoeli.
[138]See my Dissertations on the English language, 313.
[138]See my Dissertations on the English language, 313.
[139]This iz not accurate. The thaneships or lordships of the Saxons, at the conquest, took the title ofbaronies; but the divisions probably existed before.
[139]This iz not accurate. The thaneships or lordships of the Saxons, at the conquest, took the title ofbaronies; but the divisions probably existed before.
[140]Curtis,courtand the SpanishCortezare all the same word.
[140]Curtis,courtand the SpanishCortezare all the same word.
[141]In a conversation I had at Dr. Franklin's on this subject, the doctor admitted the principle, and remarked, that a man who haz 1000l. in cash, can loan it for six per cent. profit only; but he may bild a house with it, and if the demand for houses iz sufficient, he may rent hiz house for fifteen per cent. on the value. This iz a fair state of the argument, and I challenge my antagonists to giv a good reezon for the distinction which the laws make in the two cases; or why a man should hav an unrestrained right to take any sum he can get for the use of hiz house, and yet hiz right to make profit by the loan of money, be abridged by law.
[141]In a conversation I had at Dr. Franklin's on this subject, the doctor admitted the principle, and remarked, that a man who haz 1000l. in cash, can loan it for six per cent. profit only; but he may bild a house with it, and if the demand for houses iz sufficient, he may rent hiz house for fifteen per cent. on the value. This iz a fair state of the argument, and I challenge my antagonists to giv a good reezon for the distinction which the laws make in the two cases; or why a man should hav an unrestrained right to take any sum he can get for the use of hiz house, and yet hiz right to make profit by the loan of money, be abridged by law.
[142]See Blackstone on this subject, Com. Vol. II. 455, where the author's reezoning holds good, whether against fixing the value of horse hire or money lent. All exorbitant demands are unjustin foro conscientiæ; but what right haz a legislature to fix the price of money loaned, and not of house-rent?
[142]See Blackstone on this subject, Com. Vol. II. 455, where the author's reezoning holds good, whether against fixing the value of horse hire or money lent. All exorbitant demands are unjustin foro conscientiæ; but what right haz a legislature to fix the price of money loaned, and not of house-rent?
[143]The legislatures of several states during the late war, were rash enough to make the attempt; and the success of the scheme waz just equal to the wisdom that planned it.
[143]The legislatures of several states during the late war, were rash enough to make the attempt; and the success of the scheme waz just equal to the wisdom that planned it.
[144]Blackstone Vol. II. 462.
[144]Blackstone Vol. II. 462.
[145]What are marine insurances, bottomry, loans at respondentia and annuities for life, but exceptions to the general law against usury? The necessity of higher interest than common iz pleeded for theze exceptions. Very good; but they proov the absurdity of attempting to fix that, which the laws of nature and commerce require should be fluctuating. Such laws are partial and iniquitous.
[145]What are marine insurances, bottomry, loans at respondentia and annuities for life, but exceptions to the general law against usury? The necessity of higher interest than common iz pleeded for theze exceptions. Very good; but they proov the absurdity of attempting to fix that, which the laws of nature and commerce require should be fluctuating. Such laws are partial and iniquitous.
[146]Robertsons Charles V. Vol. I. 280.
[146]Robertsons Charles V. Vol. I. 280.
[147]Blackstone Com. Vol. I. 369.
[147]Blackstone Com. Vol. I. 369.
[148]Blackstone remarks that allegiance iz applicable, not only to the political capacity of the king, or regal office, but to hiznatural personandblood royal. I would ask then whatblood royalthere can be in a man, except in hizkingly capacity?
[148]Blackstone remarks that allegiance iz applicable, not only to the political capacity of the king, or regal office, but to hiznatural personandblood royal. I would ask then whatblood royalthere can be in a man, except in hizkingly capacity?
[149]Except the case of Ambassadors or other agents.
[149]Except the case of Ambassadors or other agents.
[150]It may be said, thatmoral rightandrongmust ultimately be resolved into the wil of Deity, because society itself depends on hiz wil. This iz conceded; I only contend that moral fitness and unfitness resultimmediatelyfrom the state of created beings, with relation to eech other, and not from any arbitrary rules imposed by Deity, subsequent to creation.
[150]It may be said, thatmoral rightandrongmust ultimately be resolved into the wil of Deity, because society itself depends on hiz wil. This iz conceded; I only contend that moral fitness and unfitness resultimmediatelyfrom the state of created beings, with relation to eech other, and not from any arbitrary rules imposed by Deity, subsequent to creation.
[151]By the ancient laws of England, relations in the same degree, whether by consanguinity or affinity, were placed exactly on a footing. See the suttle reezoning by which the prohibitions were supported, in Reeve's History of the English Laws, Vol. IV.
[151]By the ancient laws of England, relations in the same degree, whether by consanguinity or affinity, were placed exactly on a footing. See the suttle reezoning by which the prohibitions were supported, in Reeve's History of the English Laws, Vol. IV.
[152]Lands in Connecticut desend to the heirs in the following manner: First to children, and if none, then to brothers and sisters or their legal representativs of the whole blud; then to parents; then to brothers and sisters of the half blud; then to next of kin, the whole blud taking the preference when of equal degree with the half blud.
[152]Lands in Connecticut desend to the heirs in the following manner: First to children, and if none, then to brothers and sisters or their legal representativs of the whole blud; then to parents; then to brothers and sisters of the half blud; then to next of kin, the whole blud taking the preference when of equal degree with the half blud.
[153]See my Dissertations on the English Language, page 106.
[153]See my Dissertations on the English Language, page 106.
[154]See Winthrop's Journal, Mather's Magnalia, and Hutchisons Collection of papers.
[154]See Winthrop's Journal, Mather's Magnalia, and Hutchisons Collection of papers.
[155]During the late war, eight thousand newspapers were published weekly at one press in Hartford.
[155]During the late war, eight thousand newspapers were published weekly at one press in Hartford.
[156]This iz an evil of great magnitude.
[156]This iz an evil of great magnitude.
[157]Uxor deinde ac liberi amplexi; fletusque ab omni turba mulierum ortus, et comploratio sui patriæque,fregere tandem virum.—Liv. lib ii. 40.
[157]Uxor deinde ac liberi amplexi; fletusque ab omni turba mulierum ortus, et comploratio sui patriæque,fregere tandem virum.—Liv. lib ii. 40.
[158]The foregoing facts are taken from Leaming and Spicer's Collection; a concise view of the controversy, &c. published in 1785; and from the acts of the legislature of New Jersey.
[158]The foregoing facts are taken from Leaming and Spicer's Collection; a concise view of the controversy, &c. published in 1785; and from the acts of the legislature of New Jersey.
[159]See Dr. Franklins Review of the guvernment of Pensylvania.
[159]See Dr. Franklins Review of the guvernment of Pensylvania.
[160]The powers of legislation by the late constitution, were designed to be vested in the peeple; but in fact were vested no where. The pretended legislature consisted of but one house; and no bill, except on pressing occasions, could be passed into a law, until it had been published for the assent of the peeple.
[160]The powers of legislation by the late constitution, were designed to be vested in the peeple; but in fact were vested no where. The pretended legislature consisted of but one house; and no bill, except on pressing occasions, could be passed into a law, until it had been published for the assent of the peeple.
[161]Clerk or register.
[161]Clerk or register.
[162]See the proceedings of the legislature of Maryland in 1785.
[162]See the proceedings of the legislature of Maryland in 1785.
[163]Virginia however iz not alone in this mezure. Rhode Island formerly took the same steps, and stil adheres to itsliberality.
[163]Virginia however iz not alone in this mezure. Rhode Island formerly took the same steps, and stil adheres to itsliberality.
[164]The consumption of beef in New England iz the reezon why the exports of that article do not exceed thoze of Ireland. Most of the laboring peeple in New England eet meet twice a day, and az much az their appetites demand. Suppose eech person to eet but six ounces a day on an average, which iz a low estimate, and the inhabitants of New England consume more thanone hundred millionpounds of meet, in a yeer. I do not know what proportion of this iz beef, but the greatest part iz beef and pork, worthtwo pence, andtwo pence half pennya pound. By the best accounts from Ireland, it iz probable the inhabitants do not consume atwentieth partof the meet, consumed in the northern states, in proportion to their numbers. But suppoze they consume atenth; let the New England peeple reduce the consumption of meet in the same proportion, and they would saveninety millionsfor exportation. This at two pence a pound makes the sum oftwo million five hundred thousand dollars, which iz a very handsome commercial income. Let the reduction proceed to all kinds of food and clothing; let our common peeple liv like the poor of Ireland inall respects, and they would save twice the sum. I would not recommend this to my countrymen; I wish them to enjoy good eeting and drinking. But I make theze estimates to show them that they never wil hav muchmoney; for they eet and drink all they ern.
[164]The consumption of beef in New England iz the reezon why the exports of that article do not exceed thoze of Ireland. Most of the laboring peeple in New England eet meet twice a day, and az much az their appetites demand. Suppose eech person to eet but six ounces a day on an average, which iz a low estimate, and the inhabitants of New England consume more thanone hundred millionpounds of meet, in a yeer. I do not know what proportion of this iz beef, but the greatest part iz beef and pork, worthtwo pence, andtwo pence half pennya pound. By the best accounts from Ireland, it iz probable the inhabitants do not consume atwentieth partof the meet, consumed in the northern states, in proportion to their numbers. But suppoze they consume atenth; let the New England peeple reduce the consumption of meet in the same proportion, and they would saveninety millionsfor exportation. This at two pence a pound makes the sum oftwo million five hundred thousand dollars, which iz a very handsome commercial income. Let the reduction proceed to all kinds of food and clothing; let our common peeple liv like the poor of Ireland inall respects, and they would save twice the sum. I would not recommend this to my countrymen; I wish them to enjoy good eeting and drinking. But I make theze estimates to show them that they never wil hav muchmoney; for they eet and drink all they ern.
[165]I say Boston, but I beleev the observations to be made at Cambridge.
[165]I say Boston, but I beleev the observations to be made at Cambridge.
[166]I once passed the cape atfiveorsix leegsfrom the breakers, and found but seven fathoms of water.
[166]I once passed the cape atfiveorsix leegsfrom the breakers, and found but seven fathoms of water.
[167]It iz evident, from the silence of all ancient monuments, that the heeling art waz not cultivated, and scarcely known among the old Romans. For several ages from the bilding of Rome, there iz hardly any mention made of a physician. Pliny relates, that Rome flurished, six hundred yeers, without physicians; that iz, the profession waz not honorable, being confined to servants or other low karacters. In Seneca's time, many of theze had acquired estates by the bizziness; but they were stil held in no estimation. "Bona in arte medendi humillimisque quibus contingere videmus." After the conquest of Greece and Asia, the manners of the Romans were corrupted by the luxuries of the eest; diseeses multiplied, and the practice of physic became more necessary and more reputable; but the art of surgery waz not separated from that of medicin, til the times of the emperors.
[167]It iz evident, from the silence of all ancient monuments, that the heeling art waz not cultivated, and scarcely known among the old Romans. For several ages from the bilding of Rome, there iz hardly any mention made of a physician. Pliny relates, that Rome flurished, six hundred yeers, without physicians; that iz, the profession waz not honorable, being confined to servants or other low karacters. In Seneca's time, many of theze had acquired estates by the bizziness; but they were stil held in no estimation. "Bona in arte medendi humillimisque quibus contingere videmus." After the conquest of Greece and Asia, the manners of the Romans were corrupted by the luxuries of the eest; diseeses multiplied, and the practice of physic became more necessary and more reputable; but the art of surgery waz not separated from that of medicin, til the times of the emperors.
[168]Qui diutissime impuberes permanserunt, maximam inter suos ferunt laudem: Hôc ali staturam, ali vires, nervosque confirmari putant. Intra annum vero xx feminæ notitiam habuisse, in turpissimis habent rebus.—— Cesar De Bel. Gal. lib. 6. 19.
[168]Qui diutissime impuberes permanserunt, maximam inter suos ferunt laudem: Hôc ali staturam, ali vires, nervosque confirmari putant. Intra annum vero xx feminæ notitiam habuisse, in turpissimis habent rebus.—— Cesar De Bel. Gal. lib. 6. 19.
[169]The ancients were wiser than the moderns in many respects; and particularly in restraining certain vices byopinion, rather than bypositiv injunctions. Duelling and profane swearing are prohibited by the laws of most countries; yet penalties hav no effect in preventing the crimes, whilst they are not followed by loss of reputation. Vices which do not immediately affect the lives, honor or property of men, which are notmalain se, which are eezily conceeled, or which are supported by a principle of honor or reputation, are not restrainable by law. Under some of theze description fall, duelling, profane swearing, gambling, &c. To check such vices, public opinion must render them infamous.[j]Thoze who hav the distribution of honors and offices, may restrain theze vices by making the commission of them an insuperable bar to preferment. Were thePrezidentand the executivs of the several states, to be az particular in enquiring whether candidates for offices are given to gambling, swearing or debaucheries; whether they hav ever given or receeved a challenge, or betrayed an innocent female; az they are in enquiring whether they are men of abilities and integrity; and would they, with undeviating resolution, proscribe from their favor and their company, every man whoze karacter, in theze particulars, iz not unimpeechable, they would diminish the number of vices, exclude some wholly from society, banish others from genteel company, and confine their contagion to the herd of mankind. But where iz the man of elevated rank, of great talents, of unshaken firmness, of heroic virtue, to begin the glorious reformation? America may now furnish the man, but where shall hiz successor be found?[j]See Vattels Law of Nations, b. I. ch. 13.
[169]The ancients were wiser than the moderns in many respects; and particularly in restraining certain vices byopinion, rather than bypositiv injunctions. Duelling and profane swearing are prohibited by the laws of most countries; yet penalties hav no effect in preventing the crimes, whilst they are not followed by loss of reputation. Vices which do not immediately affect the lives, honor or property of men, which are notmalain se, which are eezily conceeled, or which are supported by a principle of honor or reputation, are not restrainable by law. Under some of theze description fall, duelling, profane swearing, gambling, &c. To check such vices, public opinion must render them infamous.[j]Thoze who hav the distribution of honors and offices, may restrain theze vices by making the commission of them an insuperable bar to preferment. Were thePrezidentand the executivs of the several states, to be az particular in enquiring whether candidates for offices are given to gambling, swearing or debaucheries; whether they hav ever given or receeved a challenge, or betrayed an innocent female; az they are in enquiring whether they are men of abilities and integrity; and would they, with undeviating resolution, proscribe from their favor and their company, every man whoze karacter, in theze particulars, iz not unimpeechable, they would diminish the number of vices, exclude some wholly from society, banish others from genteel company, and confine their contagion to the herd of mankind. But where iz the man of elevated rank, of great talents, of unshaken firmness, of heroic virtue, to begin the glorious reformation? America may now furnish the man, but where shall hiz successor be found?
[j]See Vattels Law of Nations, b. I. ch. 13.
[j]See Vattels Law of Nations, b. I. ch. 13.
[170]See my Dissertations on the English Language, 4.
[170]See my Dissertations on the English Language, 4.
TRANSCRIBER'S NOTE:
In some essays the writer makes extensive use of phonetical spelling. Inconsistencies in spelling have therefore not been corrected.
Missing punctuation has been silently corrected. Unmatched double quotation marks in the text were not corrected.
The text on page 37 has been moved to a footnote after the second paragraph on page5as the author suggests.
CORRECTIONS: