Page images
PDF
EPUB

more than 40 millions less, than their re-affect the influence of America as a spective shares of the natio..al expenditure. state, and must diminish that influence In other words, in the short space of 22 among the cabinets of Europe. If they years, the Northern States have spent nearly FORTY MILLION DOLLARS in paying the may have the good fortune to act as bea cons to European countries in which the principles, and balancings of representation cannot possibly be understood, by reason of their novelty, our wishes and our gratification will be complete.

debts of their Southern brethren.

Upwards of 166 million dollars then is the price, which the Northern States have paid as a nation, and in their national capacities, for a 25 years connexion with the Southern States. In this loss, let it be The smallest improvement that our distinctly remembered, is included nothing trans-atlantic brethren ought to draw but the loss of the Revenue. We have not enquired of our merchants, the loss from the state of their national affairs, which they have sustained by the annihila- is, the duty of treating, the "Old tion of Commerce; of our farmers, the Country" with suitable deference and value of the produce, which has rotted on respect. We are not perfect: time has their hands; nor of our mechanics, the disarranged some part of the fabric of worth of the time they have spent in idle- the British Constitution: nevertheless, it ness. Yet the losses, sustained by these does not become these younglings to individuals, from the restrictive sys-jeer at our decripitude: never let them tem alone, cannot have fallen short of with Spenser's ONE HUNDRED AND FORTY MILLIONS OF DOLLARS.

Without seratinizing too closely into the integers of this calculation, we presume, that, it discloses a part of those causes which have drained America of her circulating medium, so closely, that paper money is issued by individuals so low in value as two-shilling tokens. When we say drained, we mean to include an impeded supply, or non-reception.

As this pamphlet is not likely to meet the eye of many readers in Britain, we have endeavoured to set before those who honour us with perusal, an impartial view of its principal contents; for, as to speculation on matters purely local, and on gun-boats built to answer temporary or personal purposes, they are not of general interest enough to occupy our pages neither shall we presume to judge on the remedy proposed, by this writer, or on the propriety, or possibility of applying it.-

:

But we call the attention of those who assume the character of partizans of America, in Europe, to these facts. They will do well to ruminate on them with the greatest intensity and forecast. A few years will determine whether the whole of America retains its present form; we think it has but barely escaped a dissolution, and that a short time longer of warfare would have had very important consequences. We think too, that these considerations greatly

Foolish Breere become so bold,

As Sneb the good Oak, for that he is old.

Fragmenta Antiquitatis, or ancient Tenures of Land, and Jocular Customs of Manors. Originally published by T. Blount, Esq. enlarged by Josiah Beckwith, Gent. F. A. S. with additions by H. M. Beckwith. 4to. price £2. 12s. 6d. Butterworth. London. 1815.

re

Nor to be acquainted with the History of England, is one mark of a mind not truly English: not to be acquainted with the manners of our forefathers, is to be ignorant of a principal part of the History of England. For, however, the laws enacted may have a leading inAluence in forming the character of a people, yet, beyond all doubt, the civil and domestic customs, prevalent, and patronized, transmitted by tradition from father to son, obeyed every year, with the returning season, newed with every renewal of a lease, associated with the idea of duty as superior or inferior, as holding of a manor, or holding in fee simple, as dependant or independant,-these, with their infinite varieties could not fait of impressing the mind of every man with a sense of his condition, and of forming his conduct, suitably to it. It was wise in antient ages to empower Freeholders, and Freeholders, only, to elect the national representatives; and this,

although it be true, that many copy- | now, looked to, as a superiority; though holders are equally independent of lordly and predominant influence.

the domestics of a simple Esquire may be more happy. The nobleman, in his It is still wise; although we know that turn, considers holding of the crown, as many who do suit and service accord- a distinction not to be abandoned, if he ing to the custom of the manor, exceed can trace it in the line of his ancestors. in point of property and integrity those The very beginning of Mr. Blount's book who enjoy a voice which implies political demonstrates this; for it refers to the power. For, it is not in the human various modes of holding from the heart, to be intirely insensible to obli- Crown, among which, that of "Graud gations; and obligations may be con- Serjeanty" is pre-eminent. This conferred, no less by understood kindness, sists of such services as a man ought to than by actual service; to say nothing do in his proper person to the King, as of that powerful feeling arising from —to carry his banner, his lance, or to self, and terminating in self, which lead his army at his coronation-to promps a desire for the return of My bear his sword, or to be his marshall: Lord, or of his friend, to that honoura-or to render him personal services; as ble station which he most respectfully, to be his sewer, his carver, or his butand humbly, and generously, solicits ler;-it is a special service performed from the public confidence.

to the King. For this reason, previous The principle of personal indepen- to a coronation, there is usually a Court dence is carried to a great extent, in of Claims, by which precedence is adour day; it is difficult to say, whether justed, honors are ascertained, fees are it be not indulged to an extreme; but, determined, and duties are regulated. certainly it actuates the general popula- The highest officers of the realm are, tion of Britain, so powerfully, that real now, mostly laid aside, except on expatriots are sometimes almost ready to traordinary occasions, as a coronation, fear, whether it may not enfeeble the the trial of a peer, a peeress, or other body politic. It is the interest of com.sigual cause. The Lord High Steward munities which desire to be powerful, to of England, the Lord Great Chamberbind all members to the general body, lain of England, and some others, are, by the closest union, and with the now, exercised only pro tempore. strongest bands. Every tendency to centrifugal impetus is injurious; whether of the little to fly off from the great, or of the great to fly off from the little. For this, we are beholden to commerce; to the diffusion of knowledge, which informs every man that his superior needs his services; and that, those services may meet their reward elsewhere.

Could we suppose that these causes had acted, and continued to act, in the same direction as those which, in all ages, have attached the occupants to the soil, we should infer, without hesitation, that the consequences would be fatal to liberty; for, though the individuals might not have felt themselves altogether adscripti gleba, yet they would have found a satisfaction in the honours attained by their lords, and would have shared those honours, in idea, though not in reality.

The service of a nobleman is, even
VOL. III. Lit. Pan. New Series. Oct. 1.

[ocr errors]

It is not easy to determine which among our great officers are derived from the Britons, and which from the Saxons; and it is a defect in Mr. Blount's book, though absolutely unavoidable in his day, that it contains no reference to what the Welsh laws and traditions furnish on this subject, and but little of what they furnish on other subjects. The Saxons and their folkmote, seem to be the writer's highest authority. After the Grand Serjanties performed by office, follow those performed in respect of Manors, lands or tenements, which are not restricted to Coronations, but are demandable on a variety of occasions, A great part of the value of this volume depends on its accuracy in this division; for though most of these tenures have been superseded, or abrogated, yet there remain some which are open to dispute.

The principal value of this register, however, is the insight it affords into however,

the sentiments of former times: almost all | these holdings bear some reference to war: "Such a one finds a horse, and habergeon, (coat of mail) a sword, a lance, an iron head-piece. and a whittle, at his own proper costs. Such another follows our Lord the King in his army in England, with a bow and arrows, at his own cost, for forty days: and afterwards at the cost of our Lord the King." Another holds land by the Serjeanty of leading the foot soldiers of the county of Suffolk into Wales, as often as it should happen that the King should go into those parts with his army." Now we had much rather hear nothing about any such going of the king with his army he is welcome to go thither in his post-chaise, with a suitable retinue of domestic attendants: but-with an army?-No.

The Barony of Burgh, on the sands, in the county of Cumberland, with divers other manors and lands in that county, were antiently held by the service of Cornage; that is, of blowing a horn, when any invading force of the Scots approached the border. We give this custom, also, leave to fall into complete desuetude for as to any invading force-except as to places and pensions, according to what, in our younger days, inflamed every sturdy patriot, not excluding the meek Dr. Johnson!

time) and certain virgates of land here
were given by the King, that the owner
should find litter, or straw, for the King's
bed, when he came there." Our beg-
gars, now, lie as well as the King lay,
formerly: yet, we feel inclined to hope,
that special care was taken of this ser-
vice, as there was of many others, that
it should not become burdensome, by
his Majesty's too frequent visits.-
So William Alesbury, held lands in
Alesbury, by finding, (among other
things) three eels for the King when he
should come to Alesbury in the winter,
and two green geese in summer;-by
special proviso, however, this was not
to exceed three times in any one year.
Three eels, and two green geese, were
something, though hardly worth the
King's journeying to Alesbury to fetch;
but, what shall we say to the tenure of
Shrivenham, in Berks, where lands were
held by the holder's coming before the
King, whenever in his progress he
should pass by Fowyeare's Mill-bridge,
in Shrivenham, bringing him two white
capons, aud addressing him with the
following singular speech, "Ecce, Do-
mine, istos duos cupones, quos alias
habebis, sed non nunc.'
"Behold, my
Lord, these two capons, which you
shall have another time, but not now.'
Surely, this was playing fast and loose
with royalty; and, for a reason different
from that in the former case, we can-
not advise his Majesty to pass very
often by the Mill-bridge, in Shriv
enham.

There is scarely a necessary article of domestic use or convenience that it is not obligatory on some holder of lands under the crown, to find for the accommodation of his Majesty: even his spurs, and one spur; his oblations of one penny at a certain altar: his cloak and hood;

The Union of the West and the North has most happily strengthened this kingdom, beyond calculation; and to feel this, we have only to look back to what were the duties of our earls and our wardens along the borders, in former days; the heads of counties through which the mail coach now passes, laden with travellers, who never once think of paying "black mail," or of petitioning for the protection of "the Erle" and his foresters, or of listening to the warn--perhaps the travelling great coat of ing of danger from the blast of the horn. The Percie and the Douglas now shake hands in the House of Lords, and find a Minister, or an Oppositionist, as opinion may incline them, a better object of chase, than all the deer, if any remain, on the now cultivated Cheviots.

The times are changed, since Edburton, in the county of Bucks, was a royal manor, (in William the First's

those days:-on mention of which, Mr. Beckwith takes occasion to observe, that "very many of the ancient tenures, however they may now appear silly, ridiculous, absurd, indecent, and even immoral, were not originally founded in whim and caprice, but were founded, and may be even defended, upon the ground of necessity, conveniency, good policy, &c." It might be so: yet some

are with difficulty reconciled to this assumption. There seems to be little necessity, conveniency, or good policy, in the tenure, by presenting a snowball on Midsummer-day, and a growing rose at Christmas. And if it had been true, that a tenure did exist, by gathering the Queen's wool off the bushes in a certain district, that also is with difficulty reconciled to necessity, convenience, or good policy. The error however, originated in a mistranslation.

A much more serious question of holding, with an answer equally serious, is recorded of

tard, had a grant of this manor from King Henry II., to hold by the service of" ostiarius in camera domini Regis." Edeline, his daughter, and Stephen de Turnham Robert de Gatton, who married a grandher husband, held it by the same service. daughter and co-heir of Stephen's is called "mareschallus custodiendo meretrices de curia domini Regis," and "mareschallus duodecim puellarum que sequuntur curiam domini Regis." Hamo de Gatton, his son and heir, "mareschallus meretricum cum dominus Rex venerit in illis partibus," and "ostiarius cameræ Regis." Hamo the younger, mareschallus de communibus de foeminis sequentibus hospitium domini Regis." Robert de Northwode, who married Elizabeth Daughter and heir of the In the 6th year of King Edward I. (an-in 34 Edw. III., anno 1360, is stiled, "oslast Hamo, and died seised of this manor no 1278) after the making the statute of tiarius in camera Regis." Joan and Agnes, Quo Warranto in the parliament held at daughters and at length heirs of Robert, on Gloucester, the King, by his justices, questioning certain of his great subjects by III., are said to have holden by the service a partition made between them in 87 Edw. what title they held their lands; among of "mareschallus in hospitio Regis." Afothers, John Earl Warren and Surrey, ter which we hear no more of it, except being called, and demanded by what warraut he held his, shewed them an old claimed in her right the office of usher (Osthat Nicholas Hering, who married Agnes, sword, and unsheathing it, said, "Behold, tiarius) of the King's chamber at the Coro"my lords, here is my warrant; my an"cestors coming into this land with Wil-nation of Richard II., but the consideration thereof was postponed.

Surrey, the Earldom of

"liam the Bastard, did obtain their lands "by the sword, and I am resolved by the "sword to defend them, against whomso"ever shall endeavour to dispossess me: for that King did not himself conquer "the land, and subdue it, but our proge"nitors were sharers and assistants there*in."

This resolute answer put an end to the enquiry, the commission "reported progress," but policy withheld it from "sitting again.'

office of Marshal of the King's household, What we collect from all this is, that the as often as the court resides at Guildford, of Poyle and Catteshill, who held their was executed by the lords of the manors lands by this tenure; and that though they are respectively stiled, in different records, Marshal of the King's court, Marshal of the King's household, and Ostiarius or usher of the King's chamber, their office was one and the same; it being part of the office of Marshal, by himself or deputy, to keep the door of the King's chamber. We learn moreover that it was part of their duty (as often as the King came into those servants for the meaner offices of the houseparts, not otherwise) to provide women hold, and that these women servants were, on different occasions, cailed by different names, and amongst the rest by that of meretrices; which last hath given occasion, it seems, to ludicrous reflections on the court of that time, as if the grants of the Prince had been made subservient to his meretrices was here used in an indifferent pleasures. Whereas, in truth, the word sense, and agreeably to the known import The other estate holden by this tenure, of the word mereo or mereor, from which was the manor of Catteshill, in Godalming, it is derived, as a general description of distant about four miles from the court at such women as served for hire, and who, Guildford. Ranulph de Broc, already in the present iustance, are accordingly spoken of as guardian of the heir of Tes-alled, in the different records, puellæ,

Among the most useful purposes of works like this before us, is, that of ascertaining the true meaning of words which occur in our elder writers. It has often been thrown as a reproach on the Court of England, that its Kings provided for their profligate pleasures, by the tenures of some of their lands: and certain writers have trauslated the serjeanty "custodiendi meretrices in curia Domini Regis" in the most offensive terms afforded by the English language. Now what was the fact?

Communes feminæ, and lotrices, the service here spoken of being, after all, no other than this, viz. that whereas the court, in those days, was frequently removed to Guildford, certain persons, who held immediately of the King in that neighbourhood, were obliged, by the terms of their respective grants, to provide, as often as this should happen, a certain number of female servants for the laundry and other inferior offices of the household.

In like manner, the most offensive sense possible, has been put on the term mercheta mulierum; considering the different customs of

countries.

- from not

Many estates in the manor of Great Tey, in the county of Essex, were subject to the mercheta mulierum, which custom has commonly been supposed to be a right which the Lord had of passing the first night after marriage with his female vil1n. "The best historians," says Mr. Astie," as well as several foreign authors, have given many marvellous particulars concerning this custom; but on diligent enquiry, I am of opinion, that this kind of intercourse between the lord and his female villan never existed. I am persuaded the mercheta was a compact between the lord of the manor and his villan, for the redemption of an offence committed by the unmarried daughter of his vassal; but more generally it was a fine paid by a sokeman, or a villan, to his lord, for a licence to marry his daughter; and if the vassal gave her away without obtaining such licence, he was liable to pay a fine. The probable reason of the custom appears to have been this. Persons of low rank residing on an estate, were generally either ascripti glebæ, or were subjected to some species of service similar to the ascripti gleba; the tenants were bound to reside on the estate, and to perform several services to the lord. As women necessarily followed the residences of their husbands, the consequence was, that when a woman

of low rank married a stranger, the lord was deprived of part of his live stock; he therefore required a fine to indemnify him for the loss of his property. In process of time, this composition was thrown into the aggregate sum of quit rents, as appears by an ancient survey of this manor."

Now to us, it appears, that this fine was a very natural consequence of the practice of the bridegroom's buying his bride. This obtains in many countries at this day, and a young woman would

think herself extremely dishonoured and under-valued by her lover, did he not offer a good price for her:-"What! did not he think her worth more than that?" The antiquity of this custom reaches up to the days of Jacob and Rachael; it cannot, therefore be disputed. But nothing seems more natu ral than to make the Lord a partaker in this honorary purchase money, and at the time when he was informed of the marriage, to compliment him with a portion of the honour done to the family, We need not and to all its patrons. say, that the present usually returned, might exceed the value of the participation in this amobyr, or "price of a virgin," or "maiden rent," as the Welsh laws denominate it. It gradually became a fine, i. e. a fixed sum.

We frequently hear the word "fealty" used, yet few persons know in what the ceremony of swearing fealty consisted. Says our author,

West Twyford, County of Middlesex. Bartholomew de Capella was lord of this manor in 1251. Sir William Paynell

swore fealty for it in 1281.

66

Fealty is the same as fidelitas in Latin; and when a free tenant was to do fealty to his lord, he was to hold his right hand upon a book, and say thus: "Know ye this, my Lord, that I will be faithful and "true unto you, and faith to you will bear "for the tenements which I claim to hold "of you, and that will lawfully do to you "the customs and services which I ought "to do at the terms assigned. So help me "God and his saints." But he was not to kneel nor make such humble reverence as in homage; and fealty might be done before the steward of the court, but homage could only be done to the lord himself.

In violation of their fealty, it appears that the ancient tenants would sometimes plot against their Lords, of which remarkable instance occurs in

a

Rochford, County of Essex.

On King's Hill, in Rochford, in the county of Essex, on every Wedneday morang next after Michaelmas-day at cocks crowing, there is by antient custom a court held by the lord of the honour of Raleigh, which is vulgarly called the Lawless Court. The steward and suitors whisper to each other, and have no candles, nor any pen and ink, but supply that office with a coal; and he that owes suit or ser

« PreviousContinue »