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University of Northern Iowa

English Aristocracy and English Labor Author(s): Edward Brooks Reviewed work(s): Source: The North American Review, Vol. 111, No. 229 (Oct., 1870), pp. 352-377 Published by: University of Northern Iowa Stable URL: http://www.jstor.org/stable/25109575 . Accessed: 16/12/2012 15:34
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352

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Art.

V. ?

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a nation on earth should allow a That the most wealthy to languish in a state of pov vast proportion of its inhabitants that the nation erty the most abject and the most hopeless; which claims the first rank among free states should suffer to a degree of degradation exist throughout its rural population if at all, removed from absolute of slavery, is matter hardly, Yet such is, and such has long been, the con special wonder. dition of England. After centuries of suffering, volumes of and statutes without the question how to discussion, number, on is pressing most alarmingly deal with this state of things of that country, and exciting the government interest intense all over the civilized world. It is becoming the question for and one of graver import has never presented itself. England, Is there or is there not any Is it or is it not to be solved ? for this strange anomaly ? We think that way of accounting in a remark which there is, and that the clew to it is furnished to Mr. Disraeli. is attributed That gentleman is reported to have said that the population is made up of two nations. of England What is meant by this now and the is relative what* of these two assertion, position are the to dis which this is intended nations, paper questions cuss. We will begin with the account we have of the state of soon after its abandonment England by the Romans. Mr. Sharon Turner from Domesday proves by quotations that he is justified in saying that Book and other authorities, " there can be no doubt that nearly three fourths of the Anglo Saxon population were in a state of slavery ; and nothing could have broken the powerful chains of law and force, by which the landed aristocracy held the people in bondage, but such events as the Norman and the civil wars it excited," etc. Conquest, made short work with The Norman the certainly Conquest and for it reduced it it, aristocracy, Anglo-Saxon dispossessed to much the same state of bondage with its former slaves. An Norman Edward old writer the change brought about by the thus describes " name of the laws of King mere This Conquest: was all that henceforth to the Anglo-Saxon remained

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for the condition of every in nation of its former existence; from the highest to the dividual was changed by the Conquest; had been let down from lowest, every one of the vanquished his former condition ; the chief had lost his power, the rich his and he who under the freeman his independence, possessions, the cruel custom of that age had been born a slave, become the servant of a foreigner, no longer enjoyed those indulgences and community that the habit of living together of language on the him of for his former master." part (Sermo procured I. p. 250.) Thisv state of Lupi, quoted by Mr. Thierry, Vol. After that event (the Norman things was of long duration. the entire Saxon Conquest) gentle and simple, re population, mained trodden under foot by their Norman masters. In the one the of about and date hundred year 1215, Magna Charta, no in the had after this years Conquest, respect change fifty In speaking of that document, taken place. Sir William uses the following absurd language, which law stu Blackstone have too often accepted with dents, from his day downwards, as the utterance out question of an oracle. After reciting some of the less important articles of the charter, he adds: " It confirmed and established the liberties of the city of Lon don, and of all other cities, boroughs, towns, and ports of the alone would have merited the ; and lastly (which kingdom title it bears of the great charter), it protected every individual of the nation in the free enjoyment of his life, his liberty, and his property, unless declared forfeited by the judgment of his One knows not whether to be peers, or the lata of the land." at such rodomontade. amused or provoked Could it be sup alluded to, posed from this lofty language, that, at the moment seven tenths of the people were, by the laws of the land, abso lute slaves, gaining just as much by the great charter in 1215 as our negro slaves on Southern or elsewhere, did plantations, of Independence in 1776 ? The cases are by the Declaration almost parallel. This famous twenty-ninth chapter in the bald " Latin of the time runs thus : Nullus liber homo capiatur, vel emprisonetur, aut disseisiatur de libero tenemento suo, vel libertatibus vel liberis consuetudinibus suis ; aut utlagetur, aut aut nee eum nee modo exulet, destruatur, super aliquo ibimus, nisi per legale judicium super eum mittemus, parium suorum

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vel per legem terras. nulli negabimus, Nulli aut vendemus, rectum vel justitiam." differemus Now who were these liberi ? these freeman? knew better than Mr. homines, Nobody Justice Blackstone that they were the great barons, the tenants in capite of the king, and the lesser barons, and tenants hold in point of number an exceedingly small ing under them; of the whole people. in his Glossary, says minority Spelman, a gentleman, that liber homo anciently meant for scarce any one besides was entirely free. If he is right, the true reading or dis should be, No gentleman shall be arrested, imprisoned, or no we or and to will seised, etc., sell, delay gentleman deny, On the same subject Sir George Nichols, in his History justice. I. p. 19), uses this language, which of the Poor Laws (Yol. nearer to the truth: " Magna Charta was wrung comes much at the unwilling John by the armed barons assembled as 1215. in This the foun charter, long regarded Runnymede and freemen dation of English the nobility liberty, relieved from the arbitrary exactions but the serfs of the sovereign, and villains were not included, but remained in a state of slav A villain or rustic was not, however, by the ery as before" from of any fine, to be deprived of his carts, ploughs, imposition or implements and this, as is remarked of husbandry; by Mr. " was for the interests of this the only article calculated Hume, in the body of men, probably at that time the most numerous to this early period," Mr. Ma With reference kingdom." " rivers, which caulay observes : The sources of the noblest over and laden to bear fleets continents, richly spread fertility are in and mountain to barren be sought the sea, wild tracts, laid down in maps, and rarely explored by travel incorrectly the lers. To such a tract the history of our country during Sterile and thirteenth century may be not inaptly compared. as is that portion of our annals, it is there that we obscure our our must seek for the origin of freedom, prosperity, and our was Then it that the great English people was formed, glory. those peculiarities that the national character began to exhibit our ever fathers became and that since retained which it has ; ? in geographical not islanders, islanders, merely emphatically their manners." and their but in their feelings, politics, position, are aware that it may be said, in defence of Sir W. We

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that all he intended to assert was the simple truth, Blackstone, that every individual who had any property or liberties was to in the enjoyment be protected of them; and that he might be supposed to mean that in the progress of time and the advance ment of society these privileges, at first restricted to a few only, came at last to be extended We will to every Englishman. been his the of that this have sake may admit, for argument, and at far and it the how is precisely issue, meaning; question then in what sense this may be said to be true. from Starting as this point of time, which leaves the English distin people, guished from their Norman masters, plunged in utter servitude, we will attempt to follow them by means of the statute-book and the courts of law, the only guides we have, up to our own one of the saddest in the It is a melancholy day. picture, annals means of our race. The course we have to follow is by no a primrose path, and most English writers, especially are little disposed to enter it, Sir W. the popular historians, in Blackstone Lord Macaulay, being a sample of them all. avoids the the passage just quoted, after a splendid exordium, and goes off into a sweeping question generality, which com mits him to nothing, while it pays but an equivocal compliment
to his countrymen. Mr. Hume is more candid. " Scarce

in both history and which says, revolutions," have been denominated conquests, language always or were attended so sudden an with appear equally violent, alteration In our point of view of both power and property." a correct notion of this conquest, the slavery consequent upon it, the duration of that state of slavery, and the way in which it dropped out of sight, is essential to a proper understanding of in and of Mr. the pauperism Great Disraeli's Britain, existing we are constantly assertion. While told of the startling and before the to even-handed the law, justice, equality right no one has ever is the birthright which of every Englishman, been able to tell us from what moment these privileges date, or Lord Macaulay of says in his History precisely what they are. " causes noiselessy I. p 22): Moral effaced, England (Vol. first the distinction between Norman and Saxon, and then the can venture distinction between master and slave. to None of those common he fix the precise moment at which either distinction ceased;

"

any

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some faint traces of the old Norman feelings might, perhaps, have been found in the fourteenth Some faint traces century. of villainage were detected of the institution by the curious so ever late as the days of the Stuarts ; nor has *that institution to this hour been abolished by statute." then, are the Where, so distinctly now whose marked for status was two nations more ? than three hundred years after the Norman Conquest became of those poor slaves, and how have they and their What fared ? The answer must be sought in the laws of descendants ? laws passed by Parliaments the realm, governed entirely by the landed gentry, and marking, step by step, with vivid and and greed of men when the selfishness distinctness, shocking are of uncontrolled It will be observed power. they possessed there that for the first three hundred years after the Conquest
were no poor, that is,.there were no paupers, in the modern sense

of the word, who could claim a legal right to support; the master himself This is a most being bound to provide for his slaves. on act this class fact. The first record, recognizing important of poor, claiming wages, was in the 23d of Edward III., nearly and one hundred and three hundred years after the Conquest, from the of It may be date Charta. years thirty-four Magna termed a turning-point in the character and history of the Eng lish people. The two nations in question henceforth present in a new attitude towards each other. The mistake themselves then made has never been retrieved, and from it, we shall see, The results. grew up a practice which has led to disastrous course in the of the slave process by which, poor time, dropped from the grasp of his master it is extremely difficult, and at to point out with any degree this late day perhaps impossible, It is certainly known, of exactness. that serfdom however, was far from being extinguished, somewhat weakened, though in the year 1348 (22d of Edward III.), when there fell upon a pestilence, in horror, ? the well-known Europe unexampled 6 ? black death,' which is said to have carried off one half the of England. The effects of this calamity upon the inhabitants two nations, which then as now composed the population of remain uneffaced to this It be would England, day. naturally that when remnant the shattered of the pampered presumed class emerged from this dire visitation, it would be so pene

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as to meet earthly distinctions, as fellow-men and fellow-Chris we have ourselves lately had of in habit of holding other men to what The took slavery fully comprehend actually place. utter dread of the least approach to political or social equality was even by a warning too strong to be removed like this. It came out unchanged from the very valley of the shadow of death. The poorer classes suffered most, and such as were not still slaves naturally num inclined to profit by their diminished trated with the nothingness of its equally afflicted dependants tians. It needs the experience the effect of a long-continued to work unless at higher wages than before bers, by refusing the sickness. It is one of the sayings of Adam Smith, that "it is a good time for labor when are running two masters after one workman; are it is the reverse when two workmen for one master." But this presupposes that both competing a bargain, a*id to enforce it to make parties are in a position In this case, unfortunately, when made. the master owned his men, or if he had manumitted them, he belonged to a body who owned all the land, and, by reason of that ownership, made all the laws. the refractory workmen and servants Accordingly, were met by an act known as the Statute of which Laborers, " that because a great part of the people, and begins by stating and servants, late died of the pestilence, especially workmen of masters and great scarcity of many, seeing the necessity excessive servants, will not serve unless they may receive and some rather willing to beg in idleness than by wages, labor to get their living," then goes on to direct that every man and woman of whatsoever bond or free, able condition, in body and within the age of threescore not years, living in nor nor of his own merchandise, any craft, exercising having nor whereof he may land about whose live, proper tillage he himself and not shall be bound may occupy, serving any other, to serve him who shall him require, and take the wages, only to be given in livery, meed, or salary which were accustomed the places where he oweth to serve; and if any man or woman, being so required to serve, will not the same do, and that be proved by two true men before the sheriff, or the bailiffs, or constables of the town, he shall anon be taken and committed to jail, there to remain under close keeping till he finds surety

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358 to serve
" no man

English

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any wont,

Labor. directed
more other

[Oct. that

in the form aforesaid."


pay, meed, or or promise salary to pay, was than

it is further
servant nor any in

wages, manner

liveries,

that that so demand or receive the same, on pain of doubling or to him which shall be paid, promised, received required, As same." the thereof shall feel himself grieved, pursuing in be act will another became necessary believed, readily and continuation amendment of this. The new act begins by " of servants which late against the malice Whereas reciting, were idle and not willing to serve after the pestilence without as well it was ordained that such servants, excessive wages,
men as women, should be bound to serve, receiving salary and

; and now, forasmuch as it is given the king wages accustomed in this present Parliament, to understand by petition of the com no that the said servants, having monalty, regard to the said but to their ease and singular coveties, do withdraw ordinance, to serve great men, and others, unless themselves they have were or wont and to the double treble of that they wages livery to take before, to the great damage of the great men and im all the said commonalty; it is ordained wherefore poverishing that carters, ploughmen, drivers of the plough, shepherds, swine herds, deies, and all other servants, shall take liveries and wages accustomed. Where wheat was wont to be given they shall take or In time ten pence, at the will of the giver. for the bushel it, or haymaking the wages are to be but a of sarcling (weeding) penny a day, without meat or drink or other courtesie demanded, given, or taken." The act further provides that the said servants are to be sworn twice in the year to hold to do these ordinances, and directs that none of them go out of the town where he dwell to serve the summer, if he may serve in the eth in the winter same town. Nine years after, the last of these acts, the 34th of III. was passed, imposing an additional Edward penalty upon from their ser laborers and artificers who absented themselves that they should be branded on the fore vices ; and directing " in head with the letter F, token of falsity." At the same time a fine of ? 10 was imposed on the mayor and bailiffs of a town, if they failed to deliver up a laborer or artificer who had were applied to arti left his service. The same restrictions ficers and workmen in all the trades. This last act was passed

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in 1360. In 1377 Edward III. died, and was succeeded by his The riots and violence which, son, Richard II., a minor. all the to historians, during the last years according prevailed of .the reign of Edward the natural of the consequence III., soon led to open insurrection. acts just recited, From the new we read of of the grievous beginning reign by complaints " the Lords and Commons, and land-tenants with of villains to be quit and drawing their services, and affirming themselves as of well of their utterly discharged serfage due,, body as of or other their said tenures, and will not suffer any distress menace to be but made do the of ministers upon them, justice their lords, and gather themselves in and great routs, together that every one shall aid other to agree by such confederacy resist their lords with strong hands, to the great damage of the said lords, and evil example to other to begin such riots." " This state of things continued for several years. It was, in " a of the Sir servile says Nichols, short," struggle George At length, in many against the claims of the superior few." 1381, the 5th of Richard II., it came to a head in the great ris ing under Wat Tyler. The insurgents amounted to one hundred thousand men in one body. They demanded a general pardon, the abolition of slavery, freedom of commerce in market towns, with out toll or impost, and a fixed rent on land, instead of the ser Mr. Hume declares vices due by villainage. these requests to have been extremely reasonable, and they were in fact complied with by the king. Charters to that purpose were granted them, and this body and returned to their dispersed immediately had it been for England several homes. had these Happy and carried out in good faith. charters been confirmed The met led another of the king insurgents by Tyler himself, body a collision a took place, Wat was brained by the lord mayor, the no body of armed soldiers came to the king's assistance, rescue were to rushed the his the of rebels forced bility Majesty, were at once re to submit. The charters of enfranchisement voked by the Parliament, "the and, says Sir George Nichols, as be low people were reduced to the same slavish condition fore." Mr. Sharon Turner* gives the following account of the Parliamentary
*

proceedings:?
History of England, Vol. II. p. 204, quarto edition.

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360
" the The

English
insurrection Parliament. into had

Aristocracy
was noticed The which letters

and English
in the lord had under speech treasurer

Labor.
from

[Oct.

following to be made that servile that the king

recommended it.

the causes granted

produced his great

the government in an inquiry He reminded them

but part of the community, not do this consistently he could recalled them. But they this he to decide from whether the throne would

declared with

the seal, enfranchising was aware that his Majesty the law of the land, and had Lords, prelates, the enfranchisement that been Lords if they and Com or not were de some

therefore mons adding sirous were, did not

left

it to the sanction

to enfranchise ' the king woidd adopt not and the sanction they

the

intimation, important as it had servile* classes, to the measure. assent The of the feeling the manumission, them sovereign though

reported and Commons

liberal

they would in one day;

they

declared ; they that should all perish

annulled

universally."

lost forever. Here was a golden opportunity From this time and perversity it is one gloomy picture of arrogant blindness on the one side, and on the other of moody and sulky endur ance. human beings The same mass of degraded presents itself to Queen Victoria to-day, as confronted King Richard five hundred years ago on Blackheath, ? the grim Nemesis of eight centuries of wrong. and seventy-three Seven years later, in 1388, one hundred was of the date the 12th from Charta, years Magna passed as been the has considered which Richard II., generally origin of English Poor Laws. By this statute the acts of Edward III. on pain of imprison are confirmed; laborers are prohibited, in their residences search of work, unless from ment, quitting cause the of their absence with testimonials stating provided to be issued by justices of the and time of their returning, And because laborers will at discretion. their not, and peace and ex for a long season would not, serve without outrageous cessive hire, prices are fixed for their labor, and punishments awarded against the laborer who receives more, and the master in hus Persons who have been employed who gives more. are of from twelve until age years prohibited becoming bandry are to be treated as laborers Able-bodied artisans. beggars without passports. Impotent beggars are to remain wandering are at time the proclamation the of of the act, or where they or unable to support them, they if those places are unwilling are, within forty days, to repair to the places where they were their lives. born, and there dwell during

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The late Mr. Nassau Senior, in an article in the Edinburgh that the Eng believe "We Review 1841), says: (October, in lish Poor Laws originated selfishness, ignorance, and pride.
We are convinced that their origin was an attempt, substan

That sys system of slavery." tially, to restore the expiring as expiring at this epoch, tem could not well be considered and was recog as the vote just cited shows, and it existed nized in the courts of law, as we shall presently show, two II. hundred years after the passage of this statute of Richard a in that at state of the moment look Let^us year (1388). things The insurrection of Wat Tyler was not an ordinary rising in one or two spots, as plainly appears from what has gone before, Mr. with a fixed object. but a great and general movement, each other. On the stood confronting two nations Disraeli's one side the great body of the people, the enslaved Anglo-Saxon on the other the descendants of the original Norman population, were and all the the who owned barons, land, consequently ? a not but of the the Parliament, merely majority government,
Parliament itself. There was then no manufacturing, no com

mercial,

no banking interest to check in the smallest degree the The rustics or farm laborers were at power of the landlords. could Magna Charta do for them ? Magna their feet. What a bargain between the king and his barons Charta was merely It had not, and never could have had, any and tributaries. force against an act of Parliament. but Of course we look in vain for any act of emancipation, slaves many of the oligarchs began to find that the holding-of and they bethought was unprofitable, of a clever themselves means in of it. Sir George Nichols, themselves of relieving a accession about the of of Henry VII., century later, speaking : " This class of persons had says of the beggars and vagabonds in all probability gained head during the disorder of the civil be that their numbers were likewise and it wars, may presumed from villainage, which had now increased by the emancipation and which, while it left the people free to been consummated, their masters from re exonerated follow their own inclinations, is meant by emancipation sponsibility for their support." What been he does not explain. consummated from villainage having which one those with of It is vague expressions English writers

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It is not material to discuss here always slide over this question. how far emancipation had actually proceeded at any given mo ment. It did, no doubt, in every case release the master from the obligation to provide for the maintenance of his slave, which was exacted our of laws such as existed among by virtue Southern to protect themselves slaveholders against careless or masters who would leave their slaves unprovided unprincipled for. As to the freedom of the people to follow their own incli It no doubt nations, we have already seen what that means. that the master, often happened his slaves burden finding some, manumitted them, leaving them to shift for themselves. no longer a master to depend upon, they of course Having and those wages were meted could not live without wages, out at the will of their former masters. Here, then, is the ex all the of has fallen upon which consequent planation misery in in Just to the decline has proportion England. villainage been the increase of pauperism. It is the history of oligarchies and made act the world over. The landlords were omnipotent, the after act of Parliament, of wages labor, which fixing they to their wretched slaves under take, obliged pain of fine, impris at the cart's tail till onment, branding with a hot iron, whipping the blood ran, and finally of death. There was never a moment, from 1348, the date of the statute of laborers, to the reign of George II., 1725, when the rate of wages for laborers, and gen erally for artisans as well, was not regulated by act of Parlia In the reign of Henry VIII. ment. things had got to a frightful thousand men and pass. There are said to have been seventy-two women who underwent in a reign of thirty capital punishment This is probably an exaggeration, five years. but the punish ments of vagrants and vagabonds were severe and revolting be The impotent and aged poor were not provided yond belief. but they were assessment, for, as in later times, by parochial furnished with a license recommending them to the charitable, and they sometimes wore a badge or some kind of livery to In the reign of Edward VI. it is still the them. distinguish same story,?wages fixed by law, fines, whipping, branding, and so on, for vagrancy, and thus things went on until the act of the as Sir George Nich reign (1601), forty-third year of Elizabeth's " the great turning-point ols calls it, of our Poor Law legisla

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in the history of Mr. Dis It is also a turning-point tion." " Sir George Nichols remarks : The 48d of raeli's two nations. Elizabeth was not the result of a sudden thought or of a single framed upon the sure ground of expe effort, but was gradually rience ; and it is curious to trace the successive steps by which its chief enactment ? that of a compulsory assessment for the came at length to be established. relief of the poor ? First, the from begging, except within certain speci poor were restricted fied limits ; next, the several towns, parishes, and hamlets were to support their poor by charitable alms, so that none required " to go openly in begging," of necessity might be compelled and were to be made for them on Sundays, and the par collections son was to stir up the people to be bountiful in giving. Then the poor on work were to be houses and material for setting devotion of good people, and the by the charitable provided was every Sunday specially to exhort the parishioners minister to contribute the collector for the poor, on a liberally ; next, certain Sunday after divine service, was to set down in writing to give weekly for the ensuing what each householder was willing and refuse to give, the year ; and if any should be obstinate was gently to exhort him, and if he still refused, then minister to report him to the bishop, who was to send for and again gently exhort him ;and if still refractory, the bishop was to certify the same to the justices in sessions, and bind him over to appear the justices were once more gently to move and there, when and if he would not be persuaded, him; they were persuade then to assess him in such a sum as they should think reasona the way for the more general assessment This prepared ble." authorized by the 14th and 39th of Elizabeth, which again led and universal assessment of property, to the complete estab lished by the further act (1601), which still continues the law. " We have seen that, from the in 1348, when black death" was had unknown, villainage pauperism gradually declined, had nobody seems to know exactly how, and that pauperism grown pari passu up to the close of the reign of Elizabeth. than that the wretched mass Can anything be more apparent of poverty and crime of that day was made up of villains and of villains ? The two nations were there, one the descendants of them, and that by far the more still virtually numerous,
vol. cxi. ? no. 229. 24

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slaves. But villainage proper, slavery pure and simple, was also still there, notwithstanding the confident assertion of Sir was Nichols that consummated George emancipation just one hundred when the of years earlier, Henry VII., grandfather ascended the throne. Professor of Queen Elizabeth, Rogers, Oxford goes a century and a half further back, and says that " like the extreme anything theory of villainage was, I am con extinct the before close of the thirteenth vinced, century (in the teeth of the vote of 1381, quoted above). In many thou sand accounts, he says (among the papers of Merton College), I have never found a trace of any transfer of villains, or even of their services to third parties." The statistics are those of himself. Sir Professor Thomas to Rogers Smith, secretary that in his time he never knew any vil Edward VI., declares lain in gross throughout the realm, and that the few villains were that then regardant remaining were such only as had be to cor and other ecclesiastical bishops, monasteries, longed in the times of The popery. preceding porations following from Lord Campbell's life of Sir James however, extract, pleas from 1559 to 1582, Dyer, chief justice of the common extinct: shows that half a century later it was by no means " It is not to known the down of Queen that, reign generally ' in England in gross,' or there were both villains Elizabeth, have been sold separately like chattels, slaves, who might ' or slaves attached to particular and villains regardant,' land, with which they were transferred along with the trees growing then gives four examples out of the upon it." Lord Campbell cases mentioned We will copy two of by Dyer in his reports. " In an action of trespass and assault there was a jus them: that the plaintiff was his vil tification by the lord @f a manor, and the evidence being that he was his villain lain regardant, should be in gross, the question arose for which side judgment insisted that the substantial The defendant question given. or villain in gross. was villain or free, not villain regardant in And that having greater rights over the plaintiff as villain more had he as-villain than than he regardant, gross proved was bound to prove, and the action was well barred. One rest but the the to of court this inclined opinion, thought judge that, in favor of liberty, the plea must be strictly the plea

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the plaintiff was misled by the false proved, and peradventure have deemed to to him, and might it enough issue tendered the regardancy, without bringing forward proof to neg negative in gross. ative villainage So the plaintiff became a freeman." A. B., seized in fee of a manor to which a villain was re gardant, made a feoffment of one acre of the manor by these " I have given one acre, etc., and further, I have given words: " and granted, etc., John S., my villain." Does the Question. a a villain or as as in gross villain villain pass to the grantee " acre to ? Two of the judges thought he should that appendant pass in gross, as there are several gifts, though in one deed ; while the other judges said that if the whole manor had been " the vil JohnS., my villain," granted, with a further grant of as lain would clearly have passed part of the manor, and there fore that the acre and the villain being granted there together, was no severance. The court being equally divided, no judg cases were not dis seems to have been given. ment These an as no in court of justice, missed English longer sustainable as would be now done in our courts in case of a man claimed as a slave, but entertained and adjudicated upon like any other " is sup Lord Campbell adds in a note : Villainage actions. in the have of to James I., reign finally disappeared posed but there is great difficulty in saying when it ceased to be law ful, for there has been no statute to abolish it, and by the old in a court of record himself law, if any freeman acknowledged to be a villain, he and all his after-born issue and their de In point of fact, every copyholder scendants were villains." a villain regardant, as in England is at this moment inasmuch in case of the sale of the manor of which he holds, he passes with of the purchaser. the land into the possession Until the no Bill the of Reform however of 1832, passage copyholder, of Parliament, because he held by rich, had a vote for member
a base or villain tenure.

have seen that slavery no sooner disappears than the The abandoned slaves takes its have become pauper place. so numerous that it is absolutely and so clamorous, neces some to for their make The 43d of sary support. provision We and two or more directs that the church-wardens, Elizabeth shall take order, to be appointed the householders by justices,

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368

English

Aristocracy

and English

Labor.

[Oct.

to work children, with the consent of the justices, for setting to maintain and and all persons having no means themselves, or no of to trade life their get using daily living by ; ordinary for such set and to raise a fund by taxation of the inhabitants relief of the lame, impo ting to work, and for the necessary not and able to And the justices work. blind poor tent, old, are directed to send to the house of correction or common jail to work, being appointed such as shall not employ themselves
thereunto as aforesaid.

in the article from which It appears," says Mr. Senior, " that so far we have before quoted, the 43d of Elizabeth, a was from having been prompted necessary by benevolence, link in one of the heaviest chains in which a people calling it It was a part of a scheme prose self free has been bound. and hu in defiance of reason, centuries, justice, to to the classes to reduce serfs, laboring imprison manity, and them in their parishes, to dictate to them their employments confined to certain districts Of course persons their wages. and death must be sup of whipping, mutilation, by penalties were if of and ; labor, it is obvious that they capable ported to to the expense to be made of their contribute they ought cuted for
maintenance."

"

The Richard

same writer, in speaking of the act of the 12th of " II., says : There is not a clause in the whole act in of labor, tended to benefit any persons except the employees and principally labor, that is to say, the land agricultural If the provisions of the act could owners who made the law. laborers?and have been enforced, the agricultural they formed of England ? of the w^ould have fifths four population probably serf." been as effectually ascripti gleba? as any Polish in England there was no power to oblige the Unhappily, their own sense of justice should have to do what masters the owners of the downward From the Conquest prompted. the royal pre The only check at the outset ? soil have ruled. ? was rid of. As divine of the kings faded got right rogative has gained the away, the divine right of lords and gentlemen and n<3w rules, and will rule, until by some means ascendency, which shall work to foresee it is impossible out a remedy. the avenger of the oppressed

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1870.]

English

Aristocracy

and English

Labor.

367

two nations, one fourth masters Here, then, are Mr. Disraeli's and three fourths slaves, entering different into a somewhat one as relation ; the before, the most powerful body of fourth, on earth, the other three fourths a helpless landed proprietors and multitude, just able, at best, to live from hand to mouth, run an at luck to fall of overwhelm untoward any threatening The sequel ing burden on their obdurate fellow-countrymen. of the story is what must from the vicious result necessarily from it set that the fourth which out, namely, principle part, who were the employers, should fix, without appeal, the wages they were to pay to the three fourths, who were the laborers, without the faintest attempt to draw these out of their helpless With condition. this utter contempt of political economy, and with such an outrage on the strongest and finest instinct of our nature, the hope of advancement, with such disregard of one of the maxims of their common faith, that the laborer is worthy of his hire, what could be looked for but what we now ? We wish to be understood witness that in saying this we refer to land-owners in their legislative There have capacity. a vast number of individuals of always been in Great Britain the kindest feelings, and in innumerable instances the hard lot of the laboring class has been greatly alleviated by the Chris tian benevolence it is little of their superiors; but, unhappily, a vicious or can that individual where influence do, example a at is of the bottom whole system. principle We have seen that this act of the 43d of Elizabeth is to this the land. the law To follow its of day working during these more pitiful our A three hundred would exceed limits. years as Mr. Senior of has well selfishness, exhibition, said, ignorance, and pride was never witnessed, ? the selfishness of irresponsible ignorance of the simplest laws of political economy, employees, and the pride of caste. We will, therefore, pass from the year 1601 to the year 1834, ? and thirty-three two hundred years. hideous. Mr. By this time the state of things had become I. Hume in the treatment says, p. 378) describing (Vol. of the Anglo-Saxons conquerors: by their Norman "Contumely even seems to have been wantonly to oppression; added and the natives were universally reduced to such a state of meanness and poverty that the English name became a term of

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368

English

Aristocracy

and English

Labor.

[Oct,

What has eight centuries produced reproach." improvement in this respect ? A writer in the Edinburgh Review (October, the effects of He is describing 1868) will furnish the answer. the act of the 14th Charles II., known as the law of parochial " narrow settlement: The artificial limits within congestion a about state in that which of things .which brought commodity ought to be the most valued of all things, since it is the foun dation of all value, came to be regarded as a superfluity and a and skill, the Instead of being prized for his strength was of in view which the workingman point regarded was that In the eyes of parish officers of a possible burden on the rates. he was a nuisance ; in the mind of the land-owner, a bugbear and an expense. To get rid of him, and to saddle another became a study parish with the liability of his maintenance, which all the resources of legal subtlety and chicanery were strained to assist. devised The frauds and stratagems by or resisting astute lawyers for the purpose of supporting orders of removal; the costly litigation to which these contests, led, and the reckless with which the unfortunate objects inhumanity less of them were bandied about from parish to parish, with consideration of their dignity as human beings than if they had been part of the animal stock of a farm,? these are among the saddest and most records of pauperism with which scandalous is justly chargeable." the odious law of parochial settlement From one abuse to another it at length came to pass that the the property of the parish, able-bodied laborers were literally and all. The overseers fixed the rate of wages each man was drug. like cattle. to receive ; they were then let out to the farmers at auc If they were not taken, they were sometimes up put a a One and in bidder. sometimes stood tion, pound awaiting u or two samples from Mr. Senior's article we will give : At about sixty men Deddington, during the severe winter months, or pay. overseer to for work He the every morning apply If a farmer, or any one ranges them under a shed in a yard. else, wants a man, he sends to the yard for one, and pays half a day's wages At the close ; the rest is charged to the parish. are paid the wages of a day, less 2d." of the day the unemployed " items : Paid In the book of Hampton Poyle are the following s. 0 d." for men and boys standing in the pound six days, ? 6 7

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1870.]

English

Aristocracy

and English

Labor.

369

a list of these laborers, thus: in every week's And payment " M. s. Od. I. 8 ? 0 six in'the Wheeler, days, pound standing This Od." 6s. ? 0 in the four days, standing Cartwright, pound as well as of wanton would seem to be the climax of absurdity, and jeering cruelty.
Nil habet quod infelix Quam durius in se, paupertas homines ridiculos facit.

In the year 1818 the shall soon see a lower depth. or sum of ? 7,870,801, the frightful poor rates had reached s. afterwards 13 3 d. per head of the entire population. They The alarm fell, but in 1832 had again risen to ? 7,036,969. became general. could* no longer shut its eyes to Parliament the danger. The matter was taken in hand in earnest, and a the Bishop of of the Bishop of London, commission consisting But we Senior, Henry Bourne, Nassau W. Bishop, Sturges W. Coulson, James Trail, and Edwin Chadwick Henry Gawler, was raised to consider and report on the subject. These gen tlemen devised a plan, which for a time gave hopes that the evil had been checked. to divide Eng The plan was this, ? land into unions ; to build in each of these unions an immense and to oblige every able-bodied workhouse, person who applied for relief to go into one of these houses. The system was car ried on by means of a vast machinery, of a central consisting Chester, board at Somerset also with local unions, House, sitting directed the local under the of boards, acting by supervision central board in London. For about four years its success was marvellous. in 1834, to The rates fell from ? 6,317,255 <?4,044,741 in 1837. But this notable scheme proved, like all an outward appli that had gone before it, a mere makeshift, ? for an inward cation for a deep-seated malady, "parmaceti bruise." One or two bad seasons, caused by the potato-rot, seven the With houses. of famishing human millions swamped a were the in in crisis like a milldam workhouses such beings, an inundation, or Mrs. Partington's the Atlan broom against tic. The plan has long since been given up, except as a pallia tive.

even of that praise we shall far it is deserving How see. In 1862 the the blockade of our Southern year presently cotton the into want of Lancashire ports plunged operatives and misery. of a truly This calamity led to disclosures

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370

English

Aristocracy

and English

Labor.

[Oct.

a shudder read without One cannot agonizing description. who gave as a reason why the letters of the Rev. Mr. Kinsley, to con the district in which he lived should not be expected that the in Lancashire, tribute to the relief of the distress in that county was, even condition of the suffering operatives better than of the that then, average of farm laborers in the one the complaints that was heard of whole kingdom. Again, in the discussion and its of the horrors of garroting oftenest had no fear of imprisonment, causes, was that the criminals but rather courted it, inasmuch as their, condition as prisoners better than that of the poor but honest laborer altogether This who was working by their side on the same premises. was nine years ago. the Let us see how it compares with actual state of things. The practice of regulating wages by statute, or by justices of is the same thing, they the peace in quarter sessions, which or beneficed cler landed either being always proprietors large the last case cited by the year 1725; ceased with gymen, in the county of is that regulating wages Sir Frederick Eden The style of it is well worthy of the Lancaster for that year. " olden time. It runs thus : The person who gives more wages shall forfeit five pounds, than is appointed by the justices takes more, ten days ; the servant who and be imprisoned or gift to be imprisoned Every promise twenty-one days. the void. said be to the contrary shall whatever We, justices, these shall make strict inquiries, and see the defaults against and corrected ancient and useful statutes severely punished." after an existence of four cen Thus at last fell into desuetude, turies, a system most selfish, most short-sighted, most demoraliz It has already been seen that the unfortu ing and iniquitous. none the better for its discontinu were nate working classes ance. The landlords brought into play an engine more expe more to the unlucky Woe laborer who ditious and sweeping. on his rights as a free-born Englishman. The land presumed to bear upon him with lord's power of eviction was brought this arbitrary power on The extent to which relentless force. the part of the great proprietors is exercised would hardly find so if Mr. credit not well attested. Senior, in the article quoted " But as from above, says: the burden of the poor laws was was

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1870.] more

English

Aristocracy

and English

Labor.

371

resorted another.
few

and more felt by the landlords, all sorts of devices were from one parish to to in order to shift settlements a parish belonged to a single owner, or to a Where
acting in concert, the cottages were pulled down,

owners

and the inhabitants bribed to sleep in adjoining parishes, under We have visited par conditions their settlement. transferring
ishes where there was not a house except the squire's man

sion and the parsonage, and the whole labor was performed by ;where the number persons resident in the neighboring villages or the interest of the cottage-owners of proprietors rendered this impossible, the object was effected by bribing girls to'marry men belonging and by apprenticing to other parishes, boys to masters resident elsewhere ; and the result was a distribution or their of the population, without to their welfare reference utility." The article by Mr. was written in 1841. is taken, from which this extract was the state of the case in July, statements the following 1867, twenty-six years later, when were made in the London Quarterly Review ? Senior, What
It may," closures of districts vails with " the writer, says the commissioner's this evil of ' " be proper, to and before take we a advert cursory it now to the view of dis the

reports, originated,

in which ; for the

in which

origin

the physical condition. The labor had lands its rise ; and, of

is undoubtedly gangs' agricultural of certain counties and their peculiarities in two employment causes: first, which -upon of women in the and extensive of cottages,

pre chiefly connected

extensive

social early in rural children reclamation and the conse of

waste

removal quent cult to procure,

secondly, the people imposing

in the destruction inhabited the of rate, and

and

the ing it through instrumentality to business it at a cheap supply bands of women, persons, young temporary economy "In bles, erected. is taken dation required, no this master less ; and than for the

labor diffi them, rendering of obtain the necessity a middle made it his who man, farmer his living of whom by the by organizing he became the farmers for its

gaining children, is favored

system its convenience.

reclaimed for all cattle

sufficient The of ; and he the

sta of England and barns, farm-houses, portion were the requirements of a prosperous agriculture, in comfort, of the farm were but no thought housed no reside to cottages on the hard were land built where of for his rising his accommo were or services

man, laboring as he could not to submit

had

the

necessity

an hour

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372
two earlier

English
than On some he those humble

Aristocracy
otherwise estates

and English

Labor.

[Oct.
to as of

his work. to secure it as

miles and of walking, would, perhaps, on which was so fortunate the peasant tenement to shelter he was him, dispossessed

as possible, a pauper one lest he should and speedily day become a burden to the parish, and he was driven to find a home how and where he could. This has been in Norfolk, where the case the particularly wTork of depopulation in the law was of in an accelerated ratio, until proceeding a to settlement the process. put stop partial in one's ! said the alone U> stand country complimented a house is to be eaten for up the on seen the completion but mine. .... to a stick carry with than for of the or a use ; of Holkham. I am the giant the It late

change is a melancholy Earl of Leicester, I look around,

thing when and not

of Giant and Castle, " It is a common whip, but the master. know but rather, treatment There

have

ail my

neighbors.

practice it is said,

to frighten

gang-master the children upon the

of control, for the possibility be followed immediately by expulsion a from the gang; and the parents, interest in their pecuniary having ears too certainly to any complaint. but shut their In labor, would are not uncommon stances of severe and been injuries having lasting that remonstrance would inflicted by brutal and gross such as kicking, gang-masters, outrages, * or a leather with hoes, strap, beating spuds, diking,' * e. a child i. the water, and off the gibbeting,' lifting

depends entirely or is no control,

disposition

gang children

knocking or pushing black "

down, into

ground and holding it there by the chin and back of the neck until it is
face, are said to be frequent. two or three of adding temptation shillings too great of the is generally for parents earnings family are as their into Mothers children forcing represented to placing at in them home them service, prefer keeping and it not farm them out to the gang-master; unfrequently in voluntary at home, the father is indulging idleness in the The spring are are toiling in the fields. As it is the interest to the weekly to withstand. gangs, and

the that

happens while his

they may that off the

of farmers

that

supply of juvenile

labor should always be equal

to his demand, they

as to the educa in the gang districts opposed generally represented tion of the poor. " the practice to pass It is occasionally of the private the night gangs one a com on the farms where to is work this ; witness, they according mon in a barn or where and go distances, they they sleep long practice or two com A to the visit of one of the assistant stable. previous day missioners a a gang- had to a place in Cambridgeshire, passed night a farm, with the gang-master, his whole been locked party, having as little the foreman in a granary of the farm, with of thought by on up the

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1870.] impropriety

English

Aristocracy

and English

Labor.

373

of the proceeding
have the

as if he had been foldiftg a flock of


endeavored at which to separate children been the are sexes in pri to for permitted unsuccessful

Some sheep. employers vate to limit and gangs, in them; work but such want " of

generally or of the means their regulations. of enforcing support, cause of of a proper The want is the chief distribution of labor the existence to have of agricultural in which the counties gangs they are hitherto removed been confined. The thus being rural peasantry from the their parishes to open and and relegated and towns, villages condition of Whether he the but tills, sun on the English he and and laborer shall find his in the highest is becoming on accommodations cottage labor is as as indispensable on his to pay ability fit to make of think

age efforts have

household

deplorable. degree the estate which the influences of rent,

to which the rain,

a reasonable their property."

the use which

not depends, the owners

Here are the two nations alluded to by Mr. Disraeli, and in what essential particular, except that the weaker cannot be sold does their relative condition differ from openly in the market, that of the same two nations at the moment when the vaunted threw its protecting Magna Charta of Judge Blackstone aegis over every inhabitant of the English soil ? The reader who has followed us thus far will naturally is to be the ask, But what end ? How is this sickening to find its of centuries tragedy now ? This is the stares the which fitting catastrophe question British people in the face, and no more appalling one has ever itself to any country. He must be a bold man who presented shall undertake to point out the means of escape from what seems almost a desperate One position. thing we think, how ever, may be safely assumed, and that is that no essential pro can be looked for while the same gress towards improvement body of men hold all the land, and at the same time command solid majorities in both Houses of Parliament. What we now is essentially the feudal system of William the Con The military of the and the power prince royal ; but the great landed have, it is true, disappeared prerogative now, because monopoly begun in that day is more powerful more concentrated than ever before. It commands the patron age of army, navy, church, and bar, and pushes its advantage to the utmost. Proof of this is not far to seek. We have not witness queror.

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374

English

Aristocracy

and English

Labor.

[Oct.

space to discuss the way in which it is shown in the game laws ; but any one who is curious on this branch of the question is referred to the case of the Marquis of Exeter's two sacks of dead rabbits.* On this case the House of Lords sat as the on the con grand court of appeal of the realm, to adjudicate struction of a law of their own making ; every one of the four or less, having as owners of and fifty judges, more a direct personal interest in the question at is game preserves as a juryman sue, for which he would be subject to challenge in any common-law court in England, and yet their decision is What way of escape is there from a constitutional. perfectly state of things so serious ? We said just now that the great landed proprietors, though less numerous now than heretofore, are more powerful in the government than ever. Lord Macau one at than not less hundred and sixty thousand lay estimates in the time of Charles the number of landed proprietors II., their must have made up a seventh of the families, who, with hundred and who derived their subsistence whole population, from little The average estates. freehold incomes of these small land owners was estimated at between sixty and seventy pounds a of the middle the last About year. century the whole number at two and of landed proprietors, small, was estimated great thousand. About that time a great hundred and seventy-four The sudden growth of the trade to the took place. change and the expansion of the cotton manufacture, East Indies, raised up a vast number of bidders for landed property. Every nabob from the East, must manufacturer, and every successful banker, cotton-spinner, at any price. become a country gentleman and seventy-four The consequence is that the two hundred to little of a century ago are reduced land-owners thousand over thirty thousand, and Lord Macaulay's class of one hundred

has quite disappeared. and sixty thousand small proprietors M. Louis Blanc has in his letters some remarks on this subject are so just and so well put, that we transcribe them: which " This landed an here charm. property possesses incomparable is to be one day The golden dream of every Saxon merchant The manufacturer classed among the landlords. sighs for the to while be able moment he will when say, taking his happy
* London Quarterly Review, January, 1867, Article Game Laws.

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1870.]

English

Aristocracy

and English

Labor.

375

6 If far, very far from his is mine.' wTalk, This morning turns his the colonist eye towards her, it is in the fatherland, ' And whence a as of country gentleman.' returning hope the of lucre ? love ? From this earth hunger general springs are estates of great extent, There Not at all. pur recently chased, which return barely two per cent to their owners, in a country where it is easy to place one's money, and with perfect It is, as the Times observes, safety, at four and five per cent. is an article of land at the present because day in England is one point But there secret. the whole is This luxury. to clear up, and it is this, has omitted the Times which so heavily upon comes it 'that where taxation weighs How it does not weigh at all upon an articles of the first necessity, " * article of luxury ? as The last query of M. Louis Blanc has great significance, of the landed interest in showing the enormous preponderance extract is The Review from which the foregoing Parliament. " The amount of the land tax in this country has taken says: of the last since the commencement increased not materially revenue same in the of has the while England century, period and the rents of land to ? 70,683,850, risen from ? 3,895,204 The monopoly of to ? 54,678,412. lords from ? 9,724,000 to excite apprehension. lands is still going on, and beginning at. All reflecting persons must see This is not to be wondered of one interest, carrying that such an immense preponderance is a serious with it, as it does, the control of the government,
evil."

In order to relieve themselves from the poor-rates, the land and with no little success. lords arc encouraging emigration, in this country,, that the immi-. It appears by the last returns now exceed those from any other country, grants from England Those .who emigrate are the well-to-do Ireland not excepted. and the able-bodied portion of the peasantry, leaving the aged, the infirm, and the imbecile on the hands of their old masters. In no long time this double process of the monopolizing of of the land, and escape of the self-supporting portion working no support leave the landed with class, will aristocracy Something must be done, and that without delay. anywhere.
* Westminster Review, October, 1867, p. 187.

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376 The

English

Aristocracy

and English ?

Labor.

[Oct.

no less than the volun remedy must be an heroic one, on surrender the of the of some of its tary part oligarchy What there is that such a long-cherished privileges. hope measure be about let the uniform of may brought experience mankind decide. The actual condition of things is the outgrowth of the Conquest. the villains were turned adrift, there was left the old Whe.n feeling iating
Law was

still operating to keep them At the very time when subjection.


passed, in 1601, slavery, as we have

of caste

in a state of humil the present Poor


seen, was still rec

of law, and a stringent act was in force ognized by the of the to class what it pleased the wages limiting laboring landlord to give them. The late serfs and their descendants were turned into paupers. This degraded class was on no ac count to be permitted to raise its head. It was thought better to feed them, as dependent than paupers, at the public expense, the courts to allow them to bring the only commodity they had, their was in the market. It free into labor, competition thought safer and dole out to them a to shut them up in their parishes, than to give them the chance to work out for wretched pittance, an honorable An author of the six-, themselves independence. that he looks upon the class of poor teenth century declares In accord class of men. artisans and peasants as a disinherited ance with this policy, they were kept in ignorance as well as pov fact that the landlords of England It is a most disgraceful erty. as a class, uniformly set their faces against any national for the reason that it would en of education, system avowedly now to be seen whether It their remains supremacy. danger same narrow to adhere the will policy of class doggedly they to . While the is awake the axiom of modern world legislation. " that as as well has its duties its property times, rights" they to sorrow by shutting their eyes to it. have brought themselves But They may go on some time longer in the same infatuation. if they are wise, the landlords will not wait to be driven to the into their own hands before it wall. They will take the matter is too late. They have a task before them which rises above have, of party or of caste. Whether all considerations they will be seen we remains to the be trust to ; emergency equal they will voice of one of their own class, the Duke listen to the warning

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1870.] Pierre of Argyll, thoughtful of Law,"

Bayle.

377

commend to their in conclusion, we heartily which, " The Reign In the volume entitled consideration. " is this Law in Politics," under the seventh head, " : races the of The destroying conquering epoch paragraph the populations of the world and reconstructing governments causes there may is an epoch which has passed away. Whatever to such be now of political decline are causes never brought so complete. and never ending in catastrophe rough detection, and decline has Yet in modern days a condition of stagnation the actual condition societies for long of many political a of time. It condition is periods prepared always by ignorance or neglect of some moral or economical laws, and determined course of conduct. in a corresponding by a long perseverance been Then the laws which have been neglected assert themselves. In the last generation, and in our own time, the Old and the New World have each afforded memorable of the reign of examples Institutions law on the course of political events. maintained amid the natural progress of society have foundered against and cherished fanatic storms. Other institutions, upheld against and humanity and conscience, have yielded only to the justice
scourge of war."

Edward

Brooks.

Art.

VI.

Pierre

Bayle.

was born in 1647, in the days of Mazarin and Bayle Pierre its He saw the rising of the sun of Louis XIV., the Fronde. nee and its disastrous meridian pluribus impar, setting splendor, In English history his life extends and Ramillies. at Blenheim the reigns of Crom of Charles I. through from the execution and William Charles II., James, well, Mary, to Queen Anne. He belongs to the most remarkable century the world has seen ? a century that has on its muster since the one we date from, as Galileo, Kepler, Newton, Bacon, Descartes, and Cervantes, Moliere, Shakespeare, Spinoza, Locke, Leibnitz, more in other have been who would any company. many giants A century of great changes as well as of great men, it bridges roll such names

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