THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA PRESENTED BY PROF. CHARLES A. KOFOID AND MRS. PRUDENCE W. KOFOID CAPTAIN COLES S NEW IRON TURRET-SHIP-OF-WAR. KNOWLEDGE FOR THE TIME: a READING, REFERENCE, AND CONVERSATION ON SUBJECTS OF LIVING INTEREST, USEFUL CURIOSITY, AND AMUSING RESEARCH : HISTORICO-POLITICAL INFORMATION. PROGRESS OF CIVILIZATION. DIGNITIES AND DISTINCTIONS. CHANGES IN LAWS. MEASURE AND VALUE. PROGRESS OF SCIENCE. LIFE AND HEALTH. RELIGIOUS THOUGHT. 3fUustratf& from fyt tjrst anti latest BY JOHN TIMES, F.S.A. AUTHOR OF CURIOSITIES OF LONDON, THINGS NOT GENERALLY KNOWN, ETC. LONDON: Lockwood and Co., 7 Stationers'-hall Court. M DCCCLXIV. TO THE READER. THE great value of contemporary History that is, history written by actual witnesses of the events which they narrate, is now beginning to be appreciated by general readers. The improved character of the journalism of the present day is the best evidence of this advancement, which has been a work of no ordinary labour. Truth is not of such easy acquisition as is generally supposed ; and the chances of obtaining unprejudiced accounts of events are rarely improved by distance from the time at which they happen. In proportion as freedom of thought is enlarged, and liberty of conscience, and liberty of will, are increased, will be the amount of trustworthiness in the written records of contemporaries. It is the rarity of these high privileges in chroniclers of past events which has led to so many obscurities in the world's history, and warpings in the judgment of its writers; to trust some of whom has been compared to reading with " coloured spectacles." And, one of the features of our times is to be ever taking stock of the amount of truth in past history; to s et readers on the tenters of doubt, and to make them suspicious of perversions ; and to encourage a whitewashing of black repu- tations which sometimes strays into an extreme equally as un- serviceable to truth as that from which the writer started. It is, however, with the view of correcting the Past by the light of the Present, and directing attention to many salient points of Knowledge for the Time, that the present volume is offered to the public. Its aim may be considered great in proportion to the limited means employed; but, to extend what is, in homely phrase, termed a right understanding, the contents of the volume are of a mixed character, the Author having due respect for the b M358807 iv TO THE READER. emphatic words of Dr. Arnold : " Preserve proportion in your reading, keep your views of Men and Things extensive, and depend upon it a mixed knowledge is not a superficial one : as far as it goes, the views that it gives are true ; but he who reads deeply in one class of writers only, gets views which are almost sure to be per- verted, and which are not only narrow but false." Throughout the Work, the Author has endeavoured to avail himself of the most reliable views of leading writers on Events of the Day ; and by seizing new points of Knowledge and sources of Information, to present, in a classified form, such an assemblage of Facts and Opinions as may be impressed with warmth and quickness upon the memory, and assist in the formation of a good general judgment, or direct still further a-field. In this Manual of abstracts, abridgments, and summaries considerably over Three Hundred in number illustrations by way of Anecdote occur in every page. Wordiness has been avoided as unfitted for a book which has for its object not the waste but the economy of time and thought, and the diffusion of concise notions upon subjects of living Interest, useful Curiosity, and amusing Research. The accompanying Table of Contents will, at a single glance, show the variety as well as the practical character of the subjects illustrated ; the aim being to render the work alike serviceable to the reader of a journal of the day, as well as to the student who reads to " reject what is no longer essential." The Author has endeavoured to keep pace with a the progress of Information ; and in the selection of new accessions, some have been inserted more to stimulate curiosity and promote investigation than as things to be taken for granted. The best and latest Authorities have been consulted, and the improved journalism of our time has been made available; for, "when a river of gold is running by your door, why not put out your hat, and take a dip ?"* The Author has already published several volumes of Things not generally Known," which he is anxious to supplement with the present Manual of Knowledge for the Time. * Douglas Jerrold. THE FRONTISPIECE. CAPTAIN COLES'S IRON TURRET-SHIP-OF-WAR. THE precise and best mode of constructing Iron Ships-of- War, so as to carry heavy guns, is an interesting problem, which Captain Coles believes he has already satisfactorily solved in his Turret ship, wherein he proposes to protect the guns by turrets. Cap- tain Coles offered to the Admiralty so long ago as 1855 to con- struct a vessel on this principle, having a double bottom ; light draught of water, with the power of giving an increased im- mersion when under fire ; sharp at both ends ; a formidable prow ; her rudder and screw protected by a projection of iron ; the turret being hemispherical, and not a turn-table, which was unnecessary, as this vessel was designed for attacking stationary forts in the Black Sea. Captain Coles contributed to the International Exhibition models of his ship ; admitting (he states) from 7 to 8 degrees depression. In two this is obtained by the deck on each side of the turret sloping at the necessary angle, to admit of the required depres- sion ; in the other two it is obtained by the centre of the deck on which the turret is surmounted being raised sufficiently to en- able the shot, when the gun is depressed, to pass clear of the outer edge of the deck. A drawing published in 1860, of the midship section from which these models were made, also gives a section of the Warrior, by which it will be seen that supposing the guns of each to be 10 feet out of water, and to have the usual depressions of guns in the Navy (7 degrees), the Warrior s guns on the broadside will throw the shot 19 feet further from the side than the shield ship with her guns placed in the centre, that being the distance of the latter from the edge of the ship: thus, with the same depression, the shield ship will have a greater advantage, this being an important merit of the invention, vi THE FRONTISPIECE. which Captain Coles has already applied to the Royal Sovereign. The construction of these turrets, the guns, and the turn-tables on which they are placed, with the machinery to work [them, is very interesting ; but its details would occupy more space than is at our command. (See Times, Sept.]8, 1863.) Captain Coles, in a communication to the Times, dated No- vember, 4, 1863, thus urges the application of the turret to sea- going vessels, and quotes the opinion of the present Contractor of the Navy on the advantages his (Captain Coles) system must have over the old one, in strength, height out of water, and sta- bility, and consequent adaptation for sea-going ships. The Cap- tain states: " I believe I have already shown that on my system of a re- volving turret, a heavier broadside can be thrown than from ships armed on the broadside ; but it possesses this further advantage, that my turrets can be adapted to the heaviest description of ord- nance ; indeed, no other plan has yet been put in practice, while it is impossible^ to adapt the broadside ships to them, without the enlargement of the ports, which would destructively weaken the ships, and leave the guns' crew exposed to rifles, grape-shot or shells." Captain Coles then quotes the armaments of the Prince Albert (now constructing at Millwall,) and the Warrior, and shows that although the broadside of the Prince Albert is nomi- nally reduced to 1120 Ibs. (still in excess of the Warriors if compared with tonnage) ; it still gives this great advantage, that whereas late experiments have demonstrated that 4^-inch plates can be made to resist 68-pounder and no-pounder shot, they have also shown that the 300 -pounder smashes them when formed into a "Warrior target" with the greatest ease. The Prince Albert, therefore, can smash the Warrior, though the Warrior carries no gun that can injure her ; nor can she, as a broadside ship, be altered to carry heavier guns. The Engraving represents Captain Coles's Ship cleared for action, and the bulwarks down. CONTENTS. I. HlSTORICO-POLITICAL INFORMATION, I 56: Politics not yet a Science, The Philosopher and the Historian, i. Whig and Tory Ministries, 2. Protectionists, Rats, and Ratting, The Heir to the British Throne always in Opposition, 4. Legiti- macy and Government, " The Fourth Estate," 5. Writing for the Press, Shorthand Writers, 7. The Worth of Popular Opinion, 8. Machiavelism, Free-speaking, 9. Speakers of the Houses of Parliament, 10. The National Conscience, 1 1. "The Nation of Shopkeepers," 12. Results of Revolutions, 13. Worth of a Re- public, "Safe Men," 14. Church Preferment, Peace States- manship, The Burial of Sir John Moore, 15. The Ancestors of Washington, 16. The " Star-spangled Banner," Ancestry of Pre- sident Adams, 18. The Irish Union, 19. The House of Bona- parte, 20. Invasion of England projected by Napoleon I., 21. Fate of the Due d'Enghien, 24. Last Moments of Mr. Pitt, 25. What drove George III. mad, -27. Predictions of the Downfal of Napo- leon I., 29. Wellington predicts the Peninsular Compaign, 30. The Battle of Waterloo, 31. Wellington's Defence of the Waterloo Campaign, 32. Lord Castlereagh at the Congress of Vienna, 33. The Cato-street Conspiracy, 34. Money Panic of 1832, 36. A great Sufferer by Revolutions, Origin of the Anti-Corn-Law League, 37. Wellington's Military Administration, 38. Gustavus III. of Sweden, 39. Fall of Louis Philippe, 40. The Chartists in 1848, 41. Revival of the French Emperorship, 43. French Coup d'Etat Predictions, Statesmanship of Lord Melbourne, 44. Un- graceful Observance, 45. The Partition of Poland, 46. The Inva- sion of England, 47. What a Militia can do, 48. Whiteboys, 49. Naval Heroes, How Russia is bound to Germany, 50. Count Ca- vour's Estimate of Napoleon III., 51. The Mutiny at the Nore, 52. Catholic Emancipation and Sir Robert Peel, The House of Coburg, 5 3. A few Years of the World's Changes, 55. Noteworthy Pensions, 56. II. PROGRESS OF CIVILIZATION, 57 84: How the Earth was peopled, 57. Revelations of Geology, 58. The Stone Age, 59. What are Celtes ? 60. Roman Civilization of Britain, 61. Roman Roads and British Railways, 62. Domestic Life of the Saxons, 64. Love of Freedom, 65. The Despot deceived, viii CONTENTS. True Source of Civilization, 66. The Lowest Civilization, Why do we shake Hands ? 67. Various Modes of Salutation, 68. What is Comfort ? 69. What is Luxury ? What do we know of Life ? 70. The truest Patriot the greatest Hero, The old Philosophers, 71. Glory of the Past, 72. Wild Oats, How Shyness spoils Enjoy- ment, 73. " Custom, the Queen of the World," 74. Ancient Guilds and Modern Benefit Clubs, The Oxford Man and the Cam- bridge Man, 75. "Great Events from Little Causes spring," 76. Great Britain on the Map of the World, 80. Ancient and Modern London, Potatoes the national food of the Irish, 81. Irish-speaking Population, Our Colonial Empire, 82. The English People, 84. Ill DIGNITIES AND DISTINCTIONS, 85 102: Worth of Heraldry, 85. Heralds' College, 86. The Shamrock, Irish Titles of Honour, 87. The Scotch Thistle, 88. King and Queen, 89. Title of Majesty, and the Royal " We," 90. " Dieu et Mon Droit," Plume and Motto of the Prince of Wales, 91. Victoria, 92. English Crowns, the Imperial State Crown, 93. Queen's Mes- sengers, Presents and Letters to the Queen, 95. The Prince of Waterloo, The See of London, 96. Expense of Baronetcy and Knighthood, 97. The Aristocracy, 98. Precedence in Parlia- ment, Sale of Seats in Parliament, Placemen in Parliament, 99. New Peers, The Russells, Political Cunning, 100. The Union- Jack, Field -Marshal, 101. Change of Surname, 102. IV. CHANGES IN LAWS, 104144: The Statute Law and the Common Law, 104. Curiosities of the Statute Law, 105. Secret of Success at the Bar, Queen's Serjeants, Queen's Counsel, and Serjeants-at-Law, 107. Do not make your Son an Attorney, Appellate Jurisdiction of the House of Lords, 108. Payment of an advocate, Utter-Barristers, 109. What was Special Pleading? What is Evidence? no. What is Trial? Trial by Jury, in. Attendance of Jurors, The Law of Libel, 113. In- duction of a Rector, 115. Benefit of Clergy, The King's Book, r 16. Compulsory Attendance at Church, 117. The Mark of the Cross, Marriage-Law of England, 118. Marriage Fines, 119. Irregular Marriages, 120. Solemnization of Marriage, 123. The Law of Copyright, 124. Holding over after Lease, Abolition of the Hop Duty, 125. Customs of Gavelkind, Treasure Trove, 1-26. Prin- cipal and Agent, Legal Hints, 129. Vitiating a Sale, 130. Law of Gardens, Giving a Servant a Character, 131. Deodands, 132. Arrest of the Body after Death, The Duty of making a Will, 133. Don't make your own Will, 134. Bridewell, 135. Cockfight- ing, 136. Ignorance and Irresponsibility, Ticket - of - Leave Men, 137. Cupar and Jedburgh Justice, What is to be done with our Convicts, 138. The Game Laws, The Pillory, 139. CONTENTS. ix Death- Warrants, Pardons, 140. Origin of the Judge's Black Cap, The Last English Gibbet, 141. Public Executions, 142. V. MEASURE AND VALUE, 146 169: Numbers descriptive of Distance, Precocious Mental Calculation, 146. The Roman Foot, 147. The Peruvian Quipus, 418. Distances measured, Uniformity of .Weights and Measures, 149. Trinity High-water Mark, Origin of Rent, 150. Curiosities of the Exche- quer, 151. What becomes of the Public Revenue, 153. Queen Anne's Bounty, 154. Ecclesiastical Fees, Burying Gold and Silver, 155. Results of Gold-seeking, 157. What becomes of the Pre- cious Metals? 158. Tribute-money, 159. The First Lottery, Coinage of a Sovereign, 160. Wear and Tear of the Coinage, Counterfeit Coin, 161. Standard Gold, Interest of Money, 162. Interest of Money in India, Origin of Insurance, 163. Stock- brokers, 164. Tampering with Public Credit, Overspeculation, 165. Value of Horses, Friendly Societies, 166. Wages heightened by Improvement in Machinery, 167. Giving Employment, Never sign an Accommodation Bill, 168. A Year's Wills, 169. VI. PROGRESS OF SCIENCE, 171 232: What human Science has accomplished, Changes in Social Science, 171. Discoverers not Inventors, 172. Science of Roger Bacon, 173. The One Science, 174. Sun-force, 175. "The Seeds of Inven- tion," 176. The Object of Patents, Theory and Practice, Watt and Telford, 177. Practical Science, Mechanical Arts, 178. Force of Running Water, Correlation of Physical Forces, Oil on Waves, 1 80. Spontaneous Generation, Guano, What is Perspec- tive? 181. The Stereoscope, Burning Lenses, 182. How to wear Spectacles, Vicissitudes of Mining, 183. Uses of Mineralogy, 185. Our Coal Resources, The Deepest Mine, 186. Iron as a Building Material, 189. Concrete, not new, Sheathing Ships with Copper, 190. Copper Smelting, Antiquity of Brass, Brilliancy of the Diamond, 191. Philosophy of Gunpowder, New Pear-flavouring, 192. Methylated Spirit, 193. What is Phosphate of Lime? What is Wood? How long will Wood last? 194. The Safety Match, 195. Pottery, Wedgwood, 196. Imposing Mechanical Effects, 197 Horse-power, The First Practical Steam-boat, 198. Effect of Heavy Seas upon Large Vessels, 199. The Railway, Ac- cidents on Railways, 200. Railways and Invasions, 202. What the English owe to naturalized Foreigners, 203. Geological Growth, 204. The Earth and Man compared, Why the Earth is presumed to be Solid, "Implements in the Drift," 205. The Centre of the Earth, 206. The Cooling of the Earth, 207. Identity of Heat and Motion, 208 Universal Source of Heat, 209. Inequalities of the Earth's Surface, 210. Chemistry of the Sea, 212. The Sea: its Perils, 213. Limitations of Astronomy, 214. Distance of the Earth CONTENTS. from the Sun, 215. Blue Colour of the Sky, 216. Beauty of the Sky, 217. High Temperatures in Balloon Ascents, Value of Me- teorological Observations, Telegraph, and Forecasts, 218. Weather Signs, 220. Barometer for Farmers, 222. Icebergs and the Wea- ther, 223. St. Swithun : his true History, 224. Rainfall in London, 225. The Force of Lightning, 226. Effect of Moon- light, Contemporary Inventions and Discoveries, 227. The Bayonet, 228. Loot, Telegram, Archaeology and Manufactures, 229. Good Art should be Cheap, 230. Imitative Jewellery, 231. French Enamel, 232. VII. LIFE AND HEALTH, 233 266: Periods and Conditions of Life, Age of the People, 233. The Human Heart, The Sense of Hearing, 234. Care of the Teeth, On Blindness, 235. Sleeping and Dreaming, 236. Position in Sleeping, Hair suddenly changing Colour, 237. Consumption not hopeless, 238. Change of Climate, Perfumes, 239. Cure for Yellow Fever, Nature's Ventilation, 240. Artificial Ventilation, Worth of Fresh Air, 241. Town and Country, 243. Recreations of the People, The Druids and their Healing Art, 244. Remedies for Cancer, 245. Improved Surgery, Restoration of a Fractured Leg, 246. The Original "Dr. Sangrado," False Arts advancing true, 247. Brief History of Medicine, 248. What has Science done for Medicine? 249. Element of Physic in Medical Practice, 250. Physicians' Fees, Prevention of Pitting in Small-pox, 251. Un- derneath the Skin, 252. Relations of Mind and Organization, 253. Deville, the Phrenologist, 254. "Seeing is believing," 255. Causes of Insanity, 256. Brain-Disease, 257. The Half-mad, 258. Motives for Suicide, Remedy for Poisoning, 259. New Remedy for Wounds, Compensation for Wounds, The Best Physician, 260. The Uncertainty of Human Life, 262. VIII. RELIGIOUS THOUGHT, 266286: Moveable Feasts, Christmas, 266. Doubt about Religion, 267. Our Age of Doubt, 270. A Hint to Sceptics, What is Egyptology ? 271. Jerusalem and Nimroud, 272. What is Rationalism ? J2 7 3. What is Theology? 274. Religious Forebodings, 275. Folly of Atheism, The First Congregational Church in England, 276. Innate Ideas, and Pre-existence of Souls, 277. Sabbath of Profes- sional Men, 278. "In the Beginning," 279. The last Religious Martyrs in England, Liberty of Conscience, 281. Awful Judg- ments, Christian Education, The Book of Psalms, 283. The Book of Job, 285. APPENDIX.. Great Precedence Question 287 KNOWLEDGE FOR THE TIME. Information, Politics not yet a Science. MR. BUCKLE, in his thoughtful History of Civilization, re- marks: " In the present state of knowledge, Politics, so far from being a science, is one of the most backward of all the arts ; and the only safe course for the legislator is to look upon his craft as consisting in the adaptation of temporary contrivances to tem- porary emergencies. His business is to follow the age, and not at all to attempt to lead it. He should be satisfied with studying what is passing around him, and should modify his schemes, not according to the notions he has inherited from his fathers, but according to the actual exigencies of his own time. For he may rely upon it that the movements of society have now become so rapid that the wants of one generation are no measure of the wants of another ; and that men, urged by a sense of their own progress, are growing weary of idle talk about the wisdom of their ancestors, and are fast discarding those trite and sleepy maxims which have hitherto imposed upon them, but by which they will not consent to be much longer troubled." The Philosopher and the Historian. u I have read somewhere or other," says Lord Bolingbroke, " in Dionysius Halicarnassus, I think, that History is Philosophy teaching by Example." Walter Savage Landor has thus distinguished the respective labours of the Philosopher and the Historian. " There are," Mr Landor writes, " quiet hours and places in which a taper may be carried steadily, and show the way along the ground ; but you must stand a tip-toe and raise a blazing torch above your head, if B KNOWLEDGE FOR THE TIME. you would bring to our vision the obscure and time-worn figures depicted on the lofty vaults of antiquity. The philosopher shows everything in one clear light ; the historian loves strong reflections and deep shadows, but, above all, prominent and moving cha- racters." In writing of the Past, it behoves us to bear in mind, that while actions are always to be judged by the immutable standard of right and wrong, the judgment which we pass upon men must be qualified by considerations of age, country, situation, and other incidental circumstances; and it will then be found, that he who is most charitable in his judgment, is generally the least unjust. It is curious to find one of the silken barons of civilization and refinement, writing as follows. The polite Earl of Chesterfield says: " I am provoked at the contempt which most historians show for humanity in general: one would think by them that the whole human species consisted but of about a hundred and fifty people, called and dignified (commonly very undeservedly too) by the titles of emperors, kings, popes, generals, and ministers." Sir Humphry Davy has written thus plainly in the same vein : "In the common history of the world, as compiled by authors in general, almost all the great changes of nations are confounded with changes in their dynasties ; and events are usually referred either to sovereigns, chiefs, heroes, or their armies, which do, in fact, originate entirely from different causes, either of an intel- lectual or moral nature. Governments depend far more than is generally supposed upon the opinion of "the people and the spirit of the age and nation. It sometimes happens that a gigantic mind possesses supreme power, and rises superior to the age in which he is born: such was Alfred in England, and Peter in Russia. Such instances are, however, very rare ; and in general it is neither amongst sovereigns nor the higher classes of society that the great improvers and benefactors of mankind are to be found." Consolations in Travel, pp. 34, 35. Whig and Tory Ministries. The domestic history of England during the reign of Anne, is that of the great struggles between Whig and Tory ; and Earl Stanhope, in his History of England, thus points out a number of precisely parallel lines of policy, and instances of unscrupulous resort to the same censurable set of weapons of party warfare, in the Tories of the reign of Queen Anne and the Whigs of the reign of William IV. HISTORICO-POLITICAL INFORMATION. 3 " At that period the two great contending parties were distinguished, as at present, by the nicknames of Whig and Tory. But it is very remark- able that in Queen Anne's reign the relative meaning of these terms was not only different but opposite to that which they bore at the accession of William IV. In theory, indeed, the main principle of each continues the same. The leading principle of the Tories is the dread of popular licen- tiousness. The leading principle of the Whigs is the dread of royal en- croachment. It may thence, perhaps, be deduced that good and wise men would attach themselves either to the Whig or to the Tory party, accord- ing as there seemed to be the greater danger at that particular period from despotism or from democracy. The same person who would have been a Whig in 1712 would have been a Tory in 1830. For, on exa- mination, it will be found that, in nearly all particulars, a modern Tory resembles a Whig of Queen Anne's reign, and a Tory of Queen Anne's reign a modern Whig. " First, as to the Tories. The Tories of Queen Anne's reign pursued a most unceasing opposition to a just and glorious war against France. They treated the great General of the age as their peculiar adversary. To our recent enemies, the French, their policy was supple and crouching. They had an indifference, or even an aversion, to our old allies the Dutch. They had a political leaning towards the Roman Catholics at home. They were supported by the Roman Catholics in their elections. They had a love of triennial parliaments in preference to septennial. They attempted to abolish the protecting duties and restrictions of commerce. They wished to favour our trade with France at the expense of our trade with Portugal. They were supported by a faction whose war-cry was 'Repeal of the Union,' in a sister kingdom. To serve a temporary purpose in the House of Lords, they had recourse (for the first time in our annals) to a large and overwhelming creation of peers. Like the Whigs in May, 1831, they chose the moment of the highest popular passion and excitement to dis- solve the House of Commons, hoping to avail themselves of a short-lived cry for the purpose of permanent delusion. The Whigs of Queen Anne's time, on the other hand, supported that splendid war which led to such victories as Ramillies and Blenheim. They had for a leader the great man who gained those victories. They advocated the old principles of trade. They prolonged the duration of parliaments. They took their stand on the principles of the Revolution of r688. They raised the cry of ' No Popery.' They loudly inveighed against the subserviency to France, the desertion of our old allies, the outrage wrought upon the peers, the deceptions practised upon the sovereign, and the other measures of the Tory administration. " Such were the Tories and such were the Whigs of Queen Anne. Can it be doubted that, at the accession of William IV., Harley and St. John would have been called Whigs j Somers and Stanhope, Tories ? Would not the October Club have loudly cheered the measures of Lord Grey, and the Kit-Cat find itself renewed in the Carlton ?" B2 4 KNOWLEDGE FOR THE TIME. The defence of the Whigs against these imputations seems to be founded upon the famous Jesuitical principle, that the end justifies the means. They do not deny the facts, but they assert, that while the Tories of 1713 resorted to such modes of further- ing the interests of arbitrary power, they have employed them in advancing the progress and securing the ascendancy of the demo- cracy. Protectionists. This name was given to that section of the Conservative party which opposed the repeal of the Corn-laws, and which separated from Sir Robert Peel in 1846. A " Society for the Protection of Agriculture," and to counteract the efforts of the Anti-Corn Law League, gave the name to the party. Lord George Bentinck was their leader from 1846 till his death on September 21, 1848. The administration under Lord Derby not proposing the restoration ot the corn-laws, this society was dissolved February 7, 1853. Rats, and Ratting. James, in his Military Dictionary, 1816, states: " Rats are sometimes used in. military operations, particularly for set- ting fire to magazines of gunpowder. On these occasions, a lighted match is tied to the tail of the animal. Marshal Vauban recommends, therefore, that the walls of powder-magazines should be made very thick, and the passages for light and wind so narrow as not to admit them (the rats)." The expression to rat is a figurative term applied to those who at the moment of a division desert or abandon any parti- cular party or side of a question. The term itself comes from the well-known circumstance of rats running away from decayed or falling buildings. Notes and Queries, 2 S., No. 68. The Heir to the British Throne always in Opposition. Horace Walpole somewhere remarks, as a peculiarity in the history of the Hanover family, that the heir-apparent has always been in opposition to the reigning monarch. The fact is true enough ; but it is not a peculiarity in the House of Hanover. It is an infirmity of human nature, to be found, more or less, in every analogous case of private life ; but our political system de- velopes it with peculiar force and more remarkable effects in the HISTORICO-POLITICAL INFORMATION. 5 Royal Family. Those who cannot obtain the favours of the father will endeavour to conciliate the good wishes of the son ; and all arts are employed, and few are necessary, to seduce the heir- apparent into the exciting and amusing game of political oppo- sition. He is naturally apt enough to dislike what he considers a present thraldom, and to anticipate, by his influence over a faction, the plenitude of his future power. This was the mainspring of the most serious part of the political troubles of the last century : let us, however, hope that it will never be revived ; and this we are encouraged to hope from our improved Constitution, as well as from the improved education of our Royal Family. Legitimacy and Government. It is an unguarded idea of some public writers that "the Sovereign holds her crown not by hereditary descent but by the will of the nation." This doctrine is too frequently stated in and out of Parliament ; and without qualification or explanation it would be apt to breed mischief in the minds of an ignorant and excited multitude, if the instinctive feelings of common sense did not invariably correct the popular errors of theorists. " They who have studied the Constitution attentively hold that her Majesty reigns by hereditary right, though her predecessor in 1688 received the Crown at the hands of a free nation. To refer to the right of election, which can be exercised only during a revolution, and to be silent on hereditary right, is to lower the Regal dignity to the precarious office of the judges when they held their patents durante beneplacito. Suppose a nation so divided that one casting vote would carry a plebiscite, changing the form of government, or the dynasty, and there would be a practical illustration of a principle if principle at all which, when taken as a broad palpable fact, is undeniable in the founder of a dynasty, but when erected into a legal theory it becomes neither more nor less than a permanent code of revolution. Hence the successor of that founder, if his power be not supported by military despo- tism, is invariably a staunch advocate of his indefeasible hereditary right, though originally derived from the consent of the nation." Saturday Review. " The Fourth Estate." The Press has been described as the Fourth Estate of the realm j but it is not so. If we remember rightly, it was Lord Stanley who characterized it as a second representation ot the Third Estate. KNOWLEDGE FOR THE TIME. This is nearer the mark, though it is not exactly true, seeing that the press represents, or professes to represent, all the three estates. Its influence on the State is a fact either not acknow- ledged at all or acknowledged as an evil to be held in check by stringent laws and safeguards. Its place of power is not defined by any written Constitution, and its acts are in our day controlled, for the most part, by no written statute, but only by its own good sense. In its modes of expression, the newspaper press of our country usually keeps far within the bounds which the law prescribes ; it voluntarily prescribes for itself a law which has no authority save that of taste. There is not a greater power under the Constitution than this press, which is indeed the source of power to much besides itself. What would public meetings be without the press ? Within the present century the method of influencing public opinion by means of great gatherings of the people under the direction of leagues and associations has been perfected. It is a method which derives its momentum from the multiplication of reports! It is a matter of indifference to an orator what or where is his audience, provided through the re- porters he can address all England. The Press has thus neutra- lized one of the evils of democracy as it was known in the olden time. A democratic Assembly meant a rabble, a packed mul- titude of noisy citizens into which the more quiet and thoughtful class of people did not care to venture. In the democratic Assemblies now every man in England virtually sits. We have good seats, for we are at our own firesides with the newspapers in our hands. In the quiet of our chosen retreats we listen to the " cheers," and the " hear, hear," and the laughter which the speech of the orator evokes, and we can calmly measure the words of the demagogue. Upon the very manner of public speaking, too, we imagine that the system of newspaper reporting has had some effect. If we may judge by the very imperfect reports which we have of speeches delivered in the last century, orators were then more inflated and inflammatory in their style than they are now, the momentary impression which they created was beyond anything we can now conceive, and if eloquence is to be judged from its immediate effect they were greater masters of the art than any we can now boast of. If this appears a hard thing to say, when we have such orators among us as Lord Derby ., Mr. Gladstone, Mr. Bright, and Mr. Disraeli, let us remember the other side of the question let us take into account that our contemporary first-class orators speak with the full knowledge that in cool blood their speeches will be read word for word HISTORICO-POLITICAL INFORMATION. 7 on the morrow. They know right well that much of the bom- bast which might safely be addressed to an admiring and heated audience will expose them only to ridicule when it is reduced to print. Insensibly a more sober standard of oratory is thus esta- blished, to the great gain of our deliberative assemblies, and acting as some check upon rhetorical demagogues. Times. Writing for the Press. The organization of a great Newspaper establishment is a re- markable result of practical ability profiting by accumulated experience ; but an account of the progress and development of the system is as tedious as a history of the iron manufacture or of the cotton trade. A readable narrative must include matters of more human interest than tables of figures which represent the successive numbers of copies and of advertisements; and although newspapers, like power-looms, may not have sprung into existence of themselves, the names of their obscure founders and managers are deservedly forgotten. Mr. Perry's name is still known in consequence of his connexion with the old Whig party; Mr. Stuart enjoys a parasitic fame as the employer of Coleridge and of Mackintosh ; and the late Mr. Walter exhibited an effec- tive sagacity in the conduct of his business which places him on a level with the Arkwrights and Boltons of manufacturing history. It would not be worth while to extend the list of able editors and spirited proprietors. Successful men of business must be con- tented to make their own fortunes and to benefit the world at large, without desiring the supererogatory reward of posthumous fame. When the gods, in Schiller's apologue, had given away the earth and the sea, they reserved the barren sky for the portion- less poet ; and ever since, the lightest touch of genius, the smallest act which indicated inherent greatness, has been found to retain its place in the memory of men long after capitalists and mechanical inventors have joined the multitude of the dead ; abierunt ad plures. The clever lecturer who employs himself in diffusing information on the mechanism of watches probably finds the attention of his audience flag when he attempts to delineate the qualities and virtues of deceased generations of watchmakers. Saturday Review. Shorthand Writers. Stenography, or the art of short writing, is generally stated to have been invented by Xenophon, the historian ; first practised 8 KNOWLEDGE FOR THE TIME. by Pythagoras ; and reduced to a system by the poet, Ennius. To this art we owe full reports of the proceedings in Parliament. The system of Gurney was employed for this purpose ; shorthand notes upon which were found among the Egerton MSS. The shorthand-writer of the House of Commons states in his Evidence before the Select Committee on Private Bill Legislation that he receives two guineas a-day for attendance before com- mittees to take notes of the evidence, and gd. per folio of 72 words for making a copy from his notes. In 1862, he received for business thus done for the committees on private Bills 66677., consisting of i682/. for attendance fees and 49857. for the tran- scripts ; this does not include the charges in respect of committees on public matters. He is appointed for the House of Lords also. So much of the business as he cannot execute by his own establish- ment he transfers to other shorthand writers on rather lower terms, but he himself keeps a staff of ten shorthand writers. Each of these has at least one clerk who can read his shorthand; but the most efficient course is found to be that he have two such clerks, each of whom (and himself also), taking in hand a portion of the notes, dictates to quick writers, so that the mode of tran- scribing is by writing from dictation, and not by copying. There is a great strain and pressure in order to get the transcript to the law-stationers in time for the requisite number of copies to be ready when the committee meet next morning. In the height of the session, the witness mentions, he provides refreshments for about fifty persons employed at his office during the evening, many of them until midnight, and often later. The Worth of Popular Opinion. Popular Opinion is generally founded on the most prominent and the most striking, but for that reason, often the most superfi- cial feature in the interesting object of which a knowledge is pre- tended. That Cromwell had a wart on his nose ; that Byron had a club-foot, which gave him more anxiety than the critiques on his poems; that the head of Pericles was too long, for which reason the sculptors always made his bust helmeted, while that of Julius Caesar was bald, which made it doubly grateful to that great commander to have his brow encompassed with an oaken wreath, or the coveted kingly diadem ; such prominent and super- ficial accessories of personal appearance, in the case of well- known characters, will often be familiar to thousands who know nothing more of the persons so curiously characterized. But HISTORICO-POLITICAL INFORMATION. 9 these, so far as they go, are true ; they are accurate knowledge, not mere opinion. Even vulgar opinion is not so often altogether false as it is partial and inadequate, and therefore unjust. Of Mahomet, for instance, everybody knows that he was the prophet of an intolerant religion, which its most sincere professors have always most zealously propagated with the sword. This is quite true ; but it is far from embracing the whole truth with regard to the religion of the Koran ; and he who with the inconsiderate haste of popular logic, uses this accurate knowledge about a fraction of a thing, as if it were the just appreciation of the whole, falls not the less certainly into the region of mere de- lusion ; for though the thing that he believes is true, it is not true as he gives it currency. He is in fact doing a thing in the region of ideas which is equivalent to passing a farthing for a guinea ; an act whereby he swindles the public and him- self very nearly as much as if he were to pass off a piece of painted pasteboard for the same value. Professor Blackie ; Edinburgh Essays, 1856. Machiavelism. It has been well said of Machiavelli, that he has the credit or discredit of having been the first to erect into a science, and reduce it to theory, the art of obtaining absolute power by deception and cruelty ; and of maintaining it afterwards by the simulation of leniency and virtue. In political history, he was the first who gave at once a general and a luminous development of great events in their causes and connexion. Sir Walter Raleigh, in his History of the World, says : " The doctrine which Machiavel taught unto Caesar Borgia, to employ men in mischievous actions, and afterwards to destroy them when they have performed the mischief, was not of his own invention. All ages have given us examples of this goodly policy ; the latter having been apt scholars in this lesson to the more ancient, as the reign of Henry VIII. here in England can bear witness; and therein especially the Lord Cromwell, who perished by the same unjust law that himself had devised for the taking away of another man's life." Free-speaking. Archbishop Whately, in his very able Lecture on Egypt, refer- ring to the writers on Public Affairs at home, reprehends the practice of exaggerating, with keen delight, every evil that they 10 KNOWLEDGE FOR THE TIME. can find, inventing such as do not exist, and keeping out of sight what is good. An Eastern despot, reading the productions of one of these writers, would say that, with all our precautions, we are the worst governed people on earth; and that our law-courts and public offices are merely a complicated machinery for oppress- ing the mass of the people ; that our Houses of Lords and Com- mons are utterly mismanaged, our public men striving to repress merit, and that our best plan would be to sweep away all those, as, with less trouble, matters might go on better, and could not go on worse. Charges of this nature cannot be brought publicly forward in the Turkish Empire. In Cairo, a man was beheaded because he made too free a use of his tongue. He was told not to be speaking of the insurrection in Syria, and had dared to be chatting of the news ; and there are other countries, also, where because such charges are true, it would not be safe to circulate them. But these writers do not mean half what they set forth. They heighten their descriptions to display their eloquence ; but the tendency of such publications is always towards revolu- tion, and the practical effect on the minds of the people is to render them incredulous. They understand that these overwrought representations are for effect, and they go about their business with an impression that the whole is unreal. If one of these writers were visited himself with a horrible dream that he was a peasant under an Oriental despot, that he was taxed at the will of the Sovereign, and had to pay the assessment in produce, valued at half the market-price, that he was compelled to work and re- ceive four-fifths of his low wages in food consisting of hard, sour biscuit let him then dream that he had spoken against the Ministry, and that he finds himself bastinadoed till he confesses that he brought false charges ; that his grown-up son had been dragged off for a soldier, and himself deprived of his only support, and he would be inclined to doubt whether ours is the worst system of Government. Speakers of the Houses of Parliament. The late Sir George Cornewall Lewis, in a communication which appeared in Notes and Queries, in the week of the author's lamented death, states the following : " In modern legislative chambers it has been customary for the Chamber to appoint one of its own members as president. In the English House of Lords the Lord Chancellor is President by virtue of his office. Although a member of the executive Government, and holding his office at the pleasure of the Crown, he is nevertheless a high judicial officer, and is HISTORICO-POLITICAL INFORMATION. 11 deemed to carry his judicial impartiality into the performance of his presi- dential functions. In general, however, the president of a legislative chamber is not, according to modern practice, a member of the executive Government. He is an independent member of the legislature, who is appointed by the chamber, and holds his office at its pleasure, such as the Speaker of the English House of Commons. " The principal functions of the Speaker of the House of Commons were not originally (as the title of his office indicates) what they are at present. The House of Commons were at first a set of delegates summoned by the Crown to negotiate with it concerning the payment of taxes. They might take advantage of the position of superiority which they temporarily occupied to remonstrate with the Crown about certain grievances, upon which they were generally agreed. In this state of things it was important that they should have an organ and spokesman with sufficient ability and knowledge to state their views, and with sufficient courage to contend against the displeasure of the Crown. The helpless condition of a large body which is called upon to conduct a negotiation without any appointed organ is well described by Livy. When the Roman plebeians seceded to the Mount Aventine, after the Decemvirate, the Senate sent three ambas- sadors to confer with them, and to propose three questions. ' Non defuit,' says Livy, * quid responderetur ; deerat qui daret responsum, nullodum certo duce, nee satis audentibus singulis invidiae se offerre' (iii. 50). Since the Revolution of 1688, and the increased power of the House of Com- mons, the functions of the Speaker have undergone a change. His chief function has been no longer to speak on behalf of the House $ that which was previously his accessary has become his principal duty. He has been simply chairman of the House, with the function of regulating its proceed- ings, of putting the question, and of maintaining order. The Speaker of the House of Commons is now virtually disqualified by his office from speaking ; but as their debates have become more important, his office of moderator of these debates has acquired additional importance. " The position of the Speaker of the Irish House of Commons was similar to that of the Speaker of the English House (see Lord Mountmorres's History of the Irish Parliament, vol. i. p. 71 79) j but in Scotland the three estates sat as one House $ there was no separate House of Commons, and the Lord Chancellor presided over the entire assembly." (See Robertson's History of Scotland, b. I, vol. i. p. 276, ed. 1821.) The National Conscience. When we come to the proofs from fact and historical expe- rience, we might appeal to a singular case in the records of our Exchequer, viz., that for much more than a century back, our Gazette and other public advertisers have acknowledged a series of anonymous remittances from those who, at some time or other, had appropriated public money. We understand that no corre- 12 KNOWLEDGE FOR THE TIME. spending fact can be cited from foreign records. Now, this is a direct instance of that compunction which our travelled friend insisted on. But we choose rather to throw ourselves upon the general history of Great Britain : upon the spirit of her policy, domestic or foreign ; and upon the universal principles of her public morality. Take the case of public debts, and the fulfilment of con- tracts to those who could not have compelled the fulfilment ; we first set this precedent. All nations have now learned that honesty in such cases is eventually the best policy; but this they learned from our experience, and not till nearly all of them had tried the other policy. We it was who, under the most trying circum* stances of war, maintained the sanctity from taxation of all foreign investments in our funds. Our conduct with regard to slaves, whether in the case of slavery or of the Slave Trade how prudent it may always have been we need not inquire as to its moral principles they went so far ahead of European standards that we were neither comprehended nor believed. The perfection of romance was ascribed to us by all who did not reproach us with the perfection of Jesuitical knavery ; by many our motto was sup- posed to be no longer the old one of divide et impera, but annihila et appropria. Finally, looking back to our dreadful conflicts with the three conquering despots of modern history, Philip II. of Spain, Louis XIV., and Napoleon; we may incontestably boast of having been single in maintaining the general equities of Europe by war upon a colossal scale, and by our counsels in the general congresses of Christendom. De Quincey. cc The Nation of Shopkeepers" In the Praeludia to the Chronicon Albeldense, attributed to Bul- cidius, Bishop of Salamanca, a Spanish writer at the end of the ninth century, we find the following singular refutation of an ungraceful compliment hitherto paid to us by our Gallic neigh- bours. In a paragraph headed De Proprietatibus Gentium, we see the tables turned in our favour: " i. Sapientia Graecorum; 2. Fortia Gothorum ; 3. Consilia Ghaldaeorum ; 4. Superbia Roman- orum ; 5. Ferocitas Francorum ; 6. Ira Britannorum ; 7. Libido Scotorum; 8. Duritia Saxonum; 9. Cupiditas Persarum; 10. Invidia Judaeorum; n. Pax ^thiopum; 12. Commercia Gallo- rum !" This discovery seems to be invested with an additional interest at a time when our Allies very handsomely acknowledge that they have hitherto laboured under a mistake in their estimate of our national peculiarities. HISTORICO-POLITICAL INFORMATION. 13 Results of Revolutions. Sir George Cornewall Lewis, in his last work, On the Best Form of Government, has this summary : " There are some rare cases in which a nation has profited by a revolution. Such was the English Revolution of 1688, in which the form of the Govern- ment underwent no alteration, and the person of the King was alone changed. It was the very minimum of a revolution ; it was remarkable for the absence of those accompaniments which make a revolution perilous, and which subsequently draw upon it a vindictive reactionary movement. The late Italian revolution has likewise been successful ; by it the Italian people have gained a better government and have improved their political condition. It was brought about by foreign intervention ; but its success has been mainly owing to the moderation of the leaders in whom the people had the wisdom to confide, and who have steadily refrained from all revolutionary excesses. The history of forcible attempts to improve governments is not, however, cheering. Looking back upon the course of revolutionary movements, and upon the character of their consequences, the practical con- clusion which I draw is that it is the part of wisdom and prudence to acquiesce in any form of government which is tolerably well administered, and affords tolerable security to person and pro- perty. I would not, indeed, yield to apathetic despair, or acquiesce in the persuasion that a merely tolerable government is incapable of improvement. I would form an individual model, suited to the character, disposition, wants, and circumstances of the country, and I would make all exertions, whether by action or by writing, within the limits of the existing law, for amelio- rating its existing condition and bringing it nearer to the model selected for imitation; but I should consider the problem of the best form of government as purely ideal, and as uncon- nected with practice, and should abstain from taking a ticket in the lottery of revolution, unless there was a well-founded expecta- tion that it would come out a prize." Sir William Hamilton has well observed that " No revolution in public opinion is the work of an individual, of a single cause, or of a day. When the crisis has arrived, the catastrophe must ensue ; but the agents through whom it is apparently accom- plished, though they may accelerate, cannot originate its occur- rence. Who believes that but for Luther or Zwingli the Re- formation would not have been ? Their individual, their personal energy and zeal, perhaps, hastened by a year or two the event 14 KNOWLEDGE FOR THE TIME. but had the public mind not been already ripe for their revolt, the fate of Luther and Zwingli, in the sixteenth century, would have been that of Huss and Jerome of Prague in the fifteenth. Woe to the revolutionist who is not himself a creature of the revolution ! If he anticipate, he is lost ; for it requires, what no individual can supply, a long and powerful counter-sympathy in a nation to untwine the ties of custom which bind a people to the established and the old." Worth of a Republic. Mr. Baron Alderson is described as having a temper too c-ihn for the stormy floor of the House of Commons ; but he studied politics as a science, from a safe distance ; and his letters contain his opinions on some points expressed with a very deliberate care. To Mrs. Opie, who had been writing against Republics and Re- publican Government, he says : " I entirely agree with your view of a Republic. As long as men are so wicked, it is an impossi- bility for it to be a lasting government, for it does not govern, but obey. America is no exception to this rule. In the first place, at its commencement, I believe it was a remarkably moral population ; and so the evils would not at first appear And, since that time, the immensity of its territory has enabled its most active and least self-restrained population to expand itself with less inconvenience. But will the thing last ? When the wilder- ness is peopled, will not the wickedness, which is now ex- pended on the Indians and the weak without observation, become intolerable, and a government strong enough to pro- tect, be the result? Such a one, I think, will hardly be a republic, but, I fear, a despotism, for men always run into extremes. Lynch law is, in fact, an ill-regulated despotism." "Safe Men." Dean Hook, in his Lives of the Archbishops of Canterbury, has the following judicious observations upon appointments of this practically useful class : " Among the archbishops," says the Dean, " there are a few eminent rulers distinguished as much for their transcendent abilities as for their exalted station in society 5 but as a general rule they have not been men of the highest class of mind. In all ages the tendency has very properly been, whether by election or nomination, to appoint * safe men j' and as genius is generally innovating and often eccentric, the safe men are those who, with certain high qualifications, do not rise much above the intellec- HISTORICO-POLITICAL INFORMATION. 15 tual average of their contemporaries. They are practical men rather than philosophers and theorists, and their impulse is not to perfection but quieta non mo'uere. From this very circumstance their history is the more in- structive 5 and, if few among the archbishops have left the impress of their mind upon the age in which they lived, we may in their biography read the character of the times which they fairly represent. In a missionary age we find them zealous but not enthusiastic ; on the revival of learning, whether in Anglo-Saxon times or in the fifteenth century, they were men of learning, although only a few have been distinguished as authors. When the mind of the laity was devoted to the camp or the chase, and prelates were called to the administration of public affairs, they displayed the ordinary tact and diplomatic skill of professional statesmen, and the necessary acumen of judges ; at the Reformation, instead of being leaders, they were the cautious followers of bolder spirits ; at the epoch of the Revolution they were anti-Jacobites rather than Whigs 5 in a latirudi- narian age they have been, if feeble as governors, bright examples of Chris- tian moderation and charity." Church Preferment. Lord Chancellor Thurlow, on reading Horsley's Letters to Dr. Priestley, at once obtained for the author a Stall at Gloucester, saying that " those who supported the Church should be supported by it." Peace Statesmanship. There is nothing more wholesome for both the people and their rulers, than to dwell upon the excellence of those statesmen whose lives have been spent in the useful, the sacred, work of Peace. The thoughtless vulgar are ever prone to magnify the brilliant exploits of arms, which dazzle ordinary understandings, and prevent any account being taken of the cost and the crime that are so often hid in the guise of success. All merit of that shining kind is sure of passing current for more than it is really worth ; and the eye is turned indifferently upon, or even scornfully from, the unpretend- ing virtue of the true friend to his species, the minister who de- votes all his cares to stay the worst of crimes that can be com- mitted, the last of calamities that can be endured by man. The Burial of Sir John Moore. It had been generally supposed that the interment of General Sir John Moore, who fell at the Battle of Corunna, in 1809, took place during the night ; a mistake which, doubtless, arose from the justly-admired lines by Wolfe becoming more widely known and remembered than the official account of this solemn event in 16 KNOWLEDGE FOR THE TIME. the Narrative of the Campaign, by the brother of Sir JohnMoore* In Wolfe's monody, the hero is represented to have been buried By the struggling moonbeam's misty light, And the lanterns dimly burning, an error of description which has, doubtless, been extended by many pictorial illustrations of the sad scene, " darkly at dead ot night." The Rev. J. H. Symons, who was chaplain to the brigade of Guards attached to the army under Moore's command, and who attended the hero in his last moments, relates that during the battle Moore was conveyed from the field into the quarters on the quay at Corunna, where he was laid on a mattress upon the floor, and the chaplain remained with him till his death. During the night, the body was removed to the quarters of Colonel Graham, in the citadel, by the officers of his staff ; whence it was borne by them, assisted by Mr. Symons, the chaplain, to the grave which had been prepared for it on one of the bastions of the citadel. It being now daylight, the enemy had discovered that the troops had been withdrawing and embarking during the night ; a fire was soon opened by them, upon the ships which were still in the harbour ; the funeral service was, therefore, performed without delay, under the fire of the enemy's guns ; and, there being no means to provide a coffin, the body of the general, With his martial cloak around him, was deposited in the earth, the Rev. Mr. Symons reading the funeral service. The Ancestors of Washington. While America feels a just pride in having given birth to George Washington, it is something for England to know that his ancestors lived for generations upon her soil. His great-grand- father emigrated about 1657, having previously lived in North- amptonshire. The Washingtons were a Northern family, who lived some time in Durham, and also in Lancashire, whence they came to Northamptonshire. The uncle of the first Law- rence Washington was Sir Thomas Kitson, one of the great merchants, who, in the reigns of Henry VII. and VIII., developed the wool-trade of the country, which depended mainly on the growth of wool, and the creation of sheep-farms in the midland counties. That he might superintend his uncle's transactions with the sheep proprietors, Lawrence Washington settled in North- amptonshire, leaving his own profession of a barrister. He soon HISTORICO-POLITICAL INFORMATION. 17 became Mayor of Northampton, and at the dissolution of the monasteries, being identified with the cause of civil and religious liberty, he gained a grant of some monastic land, including Sul- grave. In the parish of Brington is situated Althorp, the seat of the Spencers : the Lady Spencer of that day was herself a Kitson, daughter of Washington's uncle, and the Spencers were great promoters of the sheep-farming movement. Thus, then, there was a very plain connexion between the Washingtons and the Spencers. For three generations the Washingtons remained at Sulgrave, taking rank among the nobility and gentry of the county. Then their fortunes failed: they were obliged to part with Sulgrave, and retired to Brington, under, as it were, the wing of the Spencer family. From this depression the Washingtons recovered by a singular marriage. The eldest son of the family had married the half-sister of George Villiers, Duke of Buckingham, which at this time was not an alliance above the pretensions of the Washingtons: they rose into great prosperity. The emigrant, above all others of the family, continued to be on intimate terms with the Spencers, down to the very eve of the Civil War ; he was knighted by James I. in 1623, and in the Civil War took the side of the king. The emigrant who left England in 1657, we leave to be traced by historians on the other side of the Atlantic. u George Washington, without the genius of Julius Caesar or Napoleon Bonaparte, has a far purer fame, as his ambition was of a higher and a holier nature. Instead of seeking to raise his own name, or seize supreme power, he devoted his whole talents, military and civil, to the establishment of the indepen- dence and the perpetuity of the liberties of his own country. In modern history no man has done such great things without the soil of selfishness or the stain of a grovelling ambition. Caesar, Cromwell, Napoleon, attained a higher elevation, but the love ot dominion was the spur that drove them on. John Hampden, William Russell, Algernon Sidney, may have had motives as pure, and an ambition as sustained, but they fell. To George Washing- ton alone, in modern times, has it been given to accomplish a wonderful revolution, and yet to remain to all future times the theme of a people's gratitude, and an example of virtuous and beneficent power." Earl Russell's Life and Times of Charles James Fox. 18 KNOWLEDGE FOR THE TIME. The " Star-spangled Banner" of the United States. The people of the United States understand little of the proper form, proportion of size, number of stripes even, of their own national flag, the " Star-spangled Banner." The standard for the army is fixed at six feet and six inches, by four feet and four inches ; the number of stripes is thirteen viz., seven red and six white. It will be perceived that the flag is just one-half longer than it is broad, and that its proportions are perfect when properly carried out. The first stripe at the top is red, the next white, and so down alternately, which makes the last stripe red. The blue field for the stars is the width and square of the first seven stripes viz., four red and three white. These seven stripes extend from the side of the field to the extremity of the flag ; the next stripe is white, extending the entire length of it, and directly under the field ; then follow the remaining stripes alternately. The number of stars on the field is now thirty-one, and the Army and Navy add another star on the admission of a new State into our glorious union. In some respects, the 2 36 KNOWLEDGE FOR THE TIME. Southey relates this touching anecdote of Thistlewood's last hours : "When the desperate and atrocious traitor Thistlewood was on the scaffold, his demeanour was that of a man who was resolved boldly to meet the fate he had deserved ; in the few words which were exchanged between him and his fellow-criminals, he observed, that the grand question whether or not the soul was immortal would soon be solved for them. No expression of hope escaped him j no breathing of repentance, no spark of grace, ap- peared. Yet (it is a fact which, whether it be more consolatory or awful, ought to be known), on the night after the sentence, and preceding his execution, while he supposed that the person who was appointed to watch him in his cell was asleep, this miserable man was seen by that person re- peatedly to rise upon his knees, and heard repeatedly calling upon Christ his Saviour to have mercy upon him, and to forgive him his sins." The Doctor, chap. Ixxi. The selection of Cato- street for the conspirators' meeting was accidental ; and the street itself is associated but indirectly in name with the Roman patriot and philosopher. To efface re- collection of the conspiracy of the low and desperate politicians of 1820, Cato-street has been changed to Homer-street. Money Panic 0/1832. When, in May, 1832, the Duke of Wellington was very unpopular as a minister, and it a native of Switzerland. Scottish Farmer. King and Queen. It is curious to find Lord Buckhurst and Recorder Fleetwood engaged in a conversation on the excellency of the regal dignity of a King, as they rode from London to Windsor in the reign of Elizabeth, (1575,) in the company of the Earl of Leicester, who travelled according to his own pompous notions, with divers 90 KNOWLEDGE FOR THE TIME. knights and noble gentlemen, and a princely cavalcade of atten- dants. Mr. Recorder, riding between my Lord of Leicester and Lord Buckhurst, as they passed <( alonge by Saint James's walles," began the debate ; when the great lawyer laid down :* " I doe read that this worde Kinge is a Saxon terme, and doe originallye comme and growe out of this ould Saxon word cyning, which doth signefie a cuninge, a wyse, a virtuous, a polleticque, and a prudent person, fitt to governe as well in peace as in warres ; and this word Queene, in the same tongue, is in effect of the same force, referringe the same to the female sex, and therefore it is to be noted that the crowne of England is not alwayes bound especiallye to be governed by the male ; but yf there wante .heyres males, then ought it to descend to the heyres females, as it appeareth by the judgmente given jtouchinge the dawghters of Zelophehad (xxvi. 33 Numbers), and as it did in the tyme of the Bryttons descend upon Queen Cordelia, who was queene of this realme before the Incarnation of Christ 805 years, even at that tyme that the good King Ozias did repayer the cittye of Jerusalem, which was in the yeare of the worlde 3358. This -Cordelia was dawghter of Kinge Leire, who buylded the auntient cittye of Leicester; yea, and is it a most true and playne matter, that the crowne of England maye descend and come to the female dawghter, where there lacketh heyre male, as it did untoMawde the Empresse, who was dawghter to Kinge Henrye the First, and by the meane that William, Mary, and Richard, the children of the same King Henry the First, were drowned in the seas by shipwracke, it soe fell out the said Mawde the Empresse became sole heyre, and notwithstandinge an ynterruption made by Kinge Stephen the intruder (for that is his proper addition in the antient chronicles), yett the judgmente fell out for her parte, and she and her posteritye, even to this daye, have justlye and most rightfullye enjoyed the crowne without any enterclayme of anye person that ever hath bine heard of." To this Leicester replies : "I see that this is a greate and good proofe that, the female hath had and enjoyed the crowne of England by just and lawfull tytle," &c. Archaeology xxxvii. Title of Majesty, and the Royal " We." It is a common error to suppose Charles V. to have been the originator of this sovereign title. Its earliest use is to denote the dignity of the Roman people. Thence the Emperors borrowed it as the representatives of the people, in accordance with the Lex Regia. They were called " Majestas Augusta," and even * e Regia Majestas." In later times this title was applied to the Emperor Louis the Pious ; and Charles the Bald assumes it in one of his charters. It is also found attributed to some of the Popes. Charles V. at most gave it fixity and continuance, instead * In the Itinerarium ad Windsor* DIGNITIES AND DISTINCTIONS. [91 of its being adopted and discontinued by turns. Francis I. of France, at the interview with Henry VIII. of England, on the .Field of the Cloth of Gold, addressed the latter as Your Majesty," 1520. James I. coupled with this title the term, Sacred," and " Most Excellent Majesty." The royal u We" represents, or was supposed originally to re- present, the source of the national power, glory, and intellect, in the august power of the Sovereign. " Le Roi le veut" the King will have it so sounded as arrogantly as it was meant to sound in the royal Norman mouth. It is a mere form, now that royalty in England has been relieved of responsibility. In haughtiness of expression it was matched by the old French formula at the end of a decree : "For such is our good pleasure." The royal sub- scription in Spain is " Yo, el Re," 7, the King. The first " King's speech" ever delivered was by Henry I., in 1 107. Exactly a cen- tury later, King John first assumed the royal "We:" it had never before been employed in England. The same monarch was the first English King who claimed for England the sovereignty of the seas. " Grace," and " my Liege" were the ordinary titles by which our Henry VI. was addressed. " Excellent Grace" was given to Henry VI., who was not the one, nor yet had the other. Edward IV. was "Most High and Mighty Prince.'' Henry VII. was the first English Highness. " Dieu et Mon Droit." The earliest notice that has been found of the Sovereign's pre- sent motto, " Dieu et mon Droit," is in the i3th Henry VI., J 435> when a gown, embroidered with silver crowns, and with the motto " Dieu et mon Droit," is mentioned in a roll at Carlton- ride. Sir Harris Nicolas; Archaologia, vol. xxxi. Plume and Motto of the Prince of Wales. Dr. Doran, F.S.A., has thus briefly told their history, profiting in his inquiry by the researches of Sir Harris Nicolas : " Old Randall Holmes solved the difficulty in his summary way, by asserting that the ostrich feathers were the blazon on the war- banner of the ancient Britons. The only thing that in any way resembles the triple feathers in ancient British heraldry is to be found on the azure shield of arms of King Roderick Mawr, on which the tails of that monarch's three lions are seen coming between their legs, and turning over their backs, with the gentle fall of the tips, like the graceful bend of the feathers in the Prince's KNOWLEDGE FOR THE TIME. badge. The feathers themselves, however, do not appear in con- nexion with our Princes of Wales until after the battle in which the blind King of Bohemia lost his life. The crest of the Bohe- mian monarch was an eagle's wing ; as for the motto of Ich d'ten, it was assumed by the Prince to characterize his humility, in accordance with a fashion followed to a late period even by prin- cesses Elizabeth of York, for instance, took that of " Humble and Reverent." Edward of Woodstock, therefore, did not adopt either the badge or the legend of the dead King of Bohemia ; such is the conclusion at which nearly all persons who have examined into this difficult question have arrived. Nevertheless, John, Count of Luxemburg, was the original style and title of him who was elected King of Bohemia, and fell so bravely and unnecessarily at Cressy. Now, the ostrich feather (was a distinction of Luxem- burg ; and it is from such origin that the Princes of Wales derive the graceful plumes, which are their distinguishing badge, but not their crest. This much is stated by Sir H. Nicolas, in the Archxo- logia (xxxi. 252) ; and Mr. D'Eyncourt (Gent. Mag. xxxvi. 621) suggests that the King of Bohemia's crest looks more like ostrich feathers than a vulture's wing. The question may be considered as having been set at rest by John de Ardern. He was a phy- sician, contemporary with the Black Prince ; and in a manuscript of his in the Sloane Collection (76 fo. 61), Ardern distinctly states that the Prince derived the feathers from the blind King. In the directions given in this will for the funeral procession, banners bearing the arms of France and England quarterly, and others with the ostrich-plume, are respectively described as those of war and peace. The ostrich symbolised Justice, its feathers being nearly all of equal length." Victoria. The first time this name occurs in English history is as belong- ing to a "Mastres (Mistress) Victoria," who was one of the attendants, " Gentylwomen," upon Queen Katherine, when she accompanied her husband, Henry VIII., to the gorgeous meeting of the Field of the Cloth of Gold (June, 1520). Each gentyl- woman was allowed " a woman, ij men servantes, and ijj horses." And the Queen had 265 of all ranks, and they in turn had 999, making the total number 1260 persons. The King's retinue amounted to 4544 ; Wolsey had above 400. DIGNITIES AND DISTINCTIONS. 93 English Crowns. The crowns worn in former times by the kings of England have varied much in form and material. The Saxon kings had a crown consisting of a simple fillet of gold. Egbert improved its appearance by placing on the fillet a row of points or rays ; and after him, Edmond Ironside tipped these points with pearl; William the Conqueror had on his coronet points and leaves placed alternately, each point being tipped with three pearls, while the whole crown was surmounted with a cross. William Rufus discontinued the leaves. Henry I. had a row of 'fleur-de-lis ; from this time to Edward III. the crown was variously ornamented with points and fleur-de-lis, placed alternately ; but this monarch en- riched his crown with fleur-de-lis and crosses alternately, as at present. Edward IV. was the first who wore a close crown, with two arches of gold, embellished with pearls ; and the same form, with trifling variations, has been continued to the present day. The English crown, called the " St. Edward's crown," was made in imitation of the ancient crown said to be worn by that monarch, kept in Westminster Abbey till the beginning of the Civil Wars in England, when, with the rest of the regalia, it was seized and sold in 1642. A new crown was prepared for the coronation of Charles II.: it is set with pearls and precious stones, as diamonds, rubies, emeralds, sapphires ; it has a mound of gold on the top, enriched with a fillet of the same metal, covered also with precious stones ; the cap is of purple velvet, lined with white silk, and turned up with ermine. The Imperial State Crown. Professor Tennant, the well-known mineralogist, thus minutely describes the Imperial State Crown of Her Majesty Queen Victoria, which was made by Messrs. Rundell and Bridge in the year 1838, with jewels taken from old Crowns, and others furnished by com- mand of her Majesty: The Crown consists of diamonds, pearls, rubies, sapphires, and emeralds, set in silver and gold ; it has a crimson velvet cap with ermine border, and is lined with white silk. Its gross weight is 39 oz. 5 dwts. troy. The lower part of the band, above the ermine border, consists of a row of one hundred and twenty-nine pearls, and the upper part of the band a row of one hundred and twelve pearls, between which, in front of the Crown, is a large sapphire (partly drilled), purchased for the Crown by His Majesty King George the Fourth. At the back is a sapphire of smaller size, and six other sapphires (three on each side), between which are eight emeralds. KNOWLEDGE FOR THE TIME. Above and below the seven sapphires are fourteen diamonds, and around the eight emeralds one hundred and twenty-eight diamonds. Be- tween the emeralds and sapphires are sixteen trefoil ornaments, containing one hundred and sixty diamonds. Above the band are eight sapphires surmounted by eight diamonds, between which are eight festoons consisting of one hundred and forty-eight diamonds. In front of the Crown, and in the centre of a diamond Maltese cross, is the famous ruby said to have been given to Edward Prince of Wales, son of Edward the Third, called the Black Prince, by Don Pedro, King of Castile, after the battle of Najera, near Vittoria, A.D. 1367. This ruby was worn in the helmet of Henry the Fifth at the battle of Agincourt, A.D. 1415. It is pierced quite through after the Eastern custom, the upper part of the piercing being filled up by a small ruby. Around this ruby, to form the cross, are seventy-five brilliant diamonds. Three other Maltese crosses, forming the two sides and back of the Crown, have emerald centres, and contain respectively one hundred and thirty-two, one hundred and twenty- four, and one hundred and thirty brilliant diamonds. Between the four Maltese crosses are four ornaments in the form of the French fleur-de-lis, with four rubies in the centres, and surrounded by rose diamonds, containing respectively eighty-five, eighty-six, and eighty-seven rose diamonds. From the Maltese crosses issue four imperial arches composed of oak- leaves and acorns ; the leaves containing seven hundred and twenty-eight rose, table, and brilliant diamonds j thirty-two pearls forming the acorns, set in cups containing fifty-four rose diamonds and one table diamond. The total number of diamonds in the arches and acorns is one hundred and eight brilliants, one hundred and sixteen table, and five hundred and fifty- nine rose diamonds. From the upper part of the arches are suspended four large pendent pear- shaped pearls, with rose diamond caps, containing twelve rose diamonds, and stems containing twenty-four very small rose diamonds. Above the arch stands the mound, containing in the lower hemisphere three hundred and four brilliants, and in the upper two hundred and forty-four brilliants j the zone and arc being composed of thirty-three rose diamonds. The cross on the summit has a rose-cut sapphire in the centre, surrounded by four large brilliants, and one hundred and eight smaller brilliants. The following is the summary of jewels comprised in the Crown : I Large ruby, irregularly polished. I Large broad-spread sapphire. 16 Sapphires. II Emeralds. 4 Rubies. 1 363 Brilliant diamonds. 1273 Rose diamonds. 147 Table diamonds. 4 Drop-shaped pearls. 273 Pearls. It is difficult to declare what is the precise value of the jewels in the Queen's crown ; but it is confidently affirmed that, unlike most other princely crowns in Europe, whether of kings, emperors, or grand dukes, all the jewels in the British crown DIGNITIES AND DISTINCTIONS. 95 are really precious stones ; whereas in other state crowns valuable stones have been replaced by coloured glass, and the consequence is that their estimated value is far beyond what such crown jewels are really worth. Queen's Messengers. The Queen's foreign-service Messengers are fifteen in number. The first three for service are obliged to be in attendance at the Foreign-office. Formerly there was no distinction between them and the home-service messengers ; they were all under the Lord Chamberlain, and their connexion with his office is said to be the origin of the silver greyhound pendent from their badge. At a later period they were transferred to the Secretaries of State, and took journeys abroad indifferently in their turn, but in 1824 there was a separation into home and foreign service. Lord Malmesbury reduced the number of foreign -service messengers from eighteen to fifteen ; and these are found quite sufficient, owing to the greater speed with which journeys are now performed, and the intro- duction of the electric telegraph rendering many journeys unne- cessary. The Queen's messengers formerly had very small salaries, only 6o/. a year, but made large profits by mileage and other allow- ances when employed. The situation .was worth Soo/. or QOC/. a year ; it has been altered to a salary of 525/. and the travelling expenses. This was considered by the messengers too great a reduction of their income. Earl Russell has introduced a new plan, giving them salaries of 4OO/. a year and i/. a day for their personal expenses while employed abroad, besides their travelling expenses. Queen's messengers are treated with great kindness and conside- ration abroad ; they are usually invited to the Minister's table. They are examined on appointment by the Civil Service Com- missioners: the qualifications required are an age between twenty- five and thirty-five, some knowledge of French, German, or Italian, and ability to ride on horseback. The home-service messengers occupy a very inferior position. Presents and Letters to the >ueen. The resolution of the Royal Family to decline all presents was conveyed, in 1847, to a gentleman at Sheffield, in the following official letter from Sir Denis Le Marchant : Whitehall, Oct. 5, 1847: In the absence of Secretary Sir George Grey, I have to acknowledge the receipt of a small box, containing a gold bijou, sent by you to the Queen, as a present for his Royal Highness the Prince of Wales j but, in consequence of the very great number 96 KNOWLEDGE FOR THE TIME. of presents of this nature which have been offered to her Majesty, it has been found absolutely necessary, to avoid the possibility of giving individual offence, that her Majesty should decline presents generally, and the box is therefore declined." [This rule is not, however, invariably observed.] Again, it is contrary to established rule for the Lord Cham- berlain to receive any letter addressed to Her Majesty, if the same be sealed. Sir G. B.Phipps explains in a letter the absence of her Majesty's name from the subscription-list for the widow of the late Captain Harrison, of the Great Eastern. He states: " It is contrary to established rule for her Majesty the Queen, or the Prince Consort, to join a subscription for a private individual." The Prince of Waterloo. It will be recollected that, in 1815, the Duke of Wellington received the grant of Prince of Waterloo, which was understood to have been given to his Grace and to his direct descendants. After the death of the Duke in 1852, the question of succession to the title was discussed in the Belgian House of Representatives, when, in reply to a request for information upon the subject, M. Frere-Oban stated that, upon inquiry, he had learned that the direct line of the Duke of Wellington was not extinct ; for although the rights claimed by his son were contested, because at the time of his birth the system of registration was imperfect or irregular, yet it had subsequently been proved by other means, and particularly by an inscription in a family Bible, that the pre- sent Duke was the legitimate offspring of the first Prince of Waterloo, and as such was entitled to be recognised as one of the drect lineal descendants who were included in the original g.ant. The See of London. It may not be generally known that the See of London was archiepiscopal in the time of the ancient Britons, before the mission of August ne. In the thousand years which intervened between his era and that of the Reformation, the See of London numbered no less than eighty prelates, the most distinguished of U'hom were St. Dunstan, Warham, Courtenay, and Bonner, the last of whom was deprived by King Edward VI., and again, after his tempo- rary restoration under Queen Mary, by Elizabeth. The reformed list commences with Bishop Ridley, who was burnt at Oxford under Queen Mary; and from whom the present occupant of the See, Dr. 'fait, is twenty-eighth in descent. Among those pre- DIGNITIES AND DISTINCTIONS. 97 lates occur the names of Grindal, Bancroft, Abbott, Laud, Juxon, and Sheldon, all of whom were eventually promoted to arch- bishoprics Grindal to York, and the rest to Canterbury. One prelate before the Reformation, Bishop Tonstal, and one since that time, Bishop Montaigne, were translated from London to the wealthier See of Durham ; but from Dr. Sheldon, who held the See after the Restoration, down to Dr. Howley, the imme- diate predecessor of Bishop Blomfield, not a single instance occurs either of a translation from the See of London, or of a direct ap- pointment to the bishopric, except by translation from another see. The Diocese of London, until the last few years, com- prised the counties of Essex and Middlesex. By a recent enact- ment, however, the former county has been transferred to the diocese of Rochester, in exchange for the parishes of Charlton, Woolwich, Deptford, Greenwich, and other suburban d.stricts in the county of Kent. To these at the next avoidance of the See of Winchester will be added the whole of Southwark, Lam- beth, Clapham, Wandsworth, Tooting, and Battersea, together with one or two adjoining districts in the county of Surrey. "Expense of Baronetcy and Knighthood. The fees chargeable on a Baronetcy in the Heralds'-office are reported by Sir C. G. Young, Garter King-at-Arms, to amount to 2 1/. 28. 3d. (payable to the Heralds' College), besides which there is a sum of \^L 28. 4d., "incidental to the creation of a baronet," and payable for the necessary certificate of his arms and pedigree registered in the college, so that the sum total pay- able to the Heralds'-office is 367. 48. 7d. The newly-created baronet, it would appear, is further mulcted by the Crown-office in the sum total of 257/. 95. id., of which i2O/. is for stamps, nearly 58/. for the royal household, and 2i/. for the heralds. The Knight Bachelor is required to pay a fee of p/. 8s. 3d. if the dignity is conferred by the Sovereign; gl. 133. 6d. if it is conferred by patent ; and i8/. 153. 2d. when the knighthood is conferred prior to the admission into the Order of the Bath as a G.C.B. This is in the Heralds'-office. In the Crown-office a sum of i55/. i2S. iod. is exacted, of which 3o/. is for stamps and 697. 195. 4d. for the royal household. As regards the Order of the Bath, there are no fees chargeable by the Heralds' College, except on the preliminary grade of common Knighthood already- described. The roDes, collars, and badges for the Knights of the several Orders are also very costly. The sum of 46257. ics. 7d. was charged for items, including four silver boxes for the great seal of H KNOWLEDGE FOR THE TIME. the Order of the Garter for the Sultan and the King of Sardinia, repairs of collars, ribands, stationery, &c. The complete robes, of the Order of the Garter for the King of Sardinia cost 34 6/., and the same for the Sultan (excepting the silver under-dress), 2797. Two mantles of the Garter and one of the Thistle cost ipo/. The banner of the King of Sardinia in St. George's Chapel is charged by the herald painter at 2" t l. 175. 6d. The gold- smith charges 23787. for 140 new military companions' badges, at 1 67. QS. yd. each; 1957. for fifteen new civil commanders' badges, at i^/. each ; 3O2/. for 130 new civil companions' badges at io7. is. p^d. each ; 1577. for nine new silver enamelled stars (G.C.B.), at 177. -LOS. each; 26i7. for eighteen new military K.C.B. stars, at 147. ros. ; and 2957. for re-enamelling and "making as new" twelve collars and eighty-eight badges, besides other items. These honours have, on some occasions, been made as profitable to the Sovereign as to his officers of State. James I. became the subject of much ridicule, not quite unmerited, for putting honours to sale. He created the order of baronet, which he disposed of for a sum of money ; and it seems that he sold common knight- hood as low as thirty pounds, at least it was so reported. In the old play of Eastward Hoe, one of the characters says : t( I know the man well : he is one of my thirty-pound knights." The Aristocracy. Mr. Lothair Bucher, in the Transactions of the Philological Society, Berlin, 1 858, writes : "One may safely affirm beforehand that the word ARISTOCRACY has been part and parcel of the English language from a very early period. But the Attorney-General in Home Tooke's trial (1795) in enumerating the new opinions propagated by the friends of the accused, and the new terms in which they conveyed those opinions, says 'To the rich was given the name Aristocracy ,* and in considering this application of the term as a new one, he is evidently quite correct." " Now," writes a critic in the Saturday Review, " Aristocracy is the name of a particular form of Government ; it is an abuse of language to apply it to a class of people. Yet, when one says ' the Government of Berne was an aristocracy,' it is a very slight change to speak of ' the aristo- cracy of Berne,' meaning the patrician order, or its members. The word was doubtless brought into use in England because the class which it was intended to stigmatize as an ' aristocracy ' was a class more extensive than the ' nobility,' in the English use of that word. Now the name has ceased to be a stigma. The words * aristocrat,' * aristocratic,' * aristocracy,' are often used in a complimentary way. But, to our taste at least, there is always a smack of vulgarity about them." DIGNITIES AND DISTINCTIONS. 99 Precedence in Parliament. To the readers of the reports of parliamentary debates, in the newspapers, it may be useful to state, upon the authority of Mr. May, that " in the Commons no places are particularly allotted to members ; but it is the custom for the front bench on the right hand of the (Speaker's) chair to be appropriated for the members of the Administration, which is called the Treasury or Privy Councillors' Bench. The front bench on the opposite side is usually reserved for the leading members of the Opposition who have served in high offices of State ; but other members occasionally sit there, especially when they have any motion to offer to the House. And on the opening of a new Parliament, the members for the city of London claim the privilege of sitting on the Treasury or Privy Councillors' Bench." May, on the Practice and Law of Parliament. Sale of Seats in Parliament. The smaller boroughs having been from the earliest period under the command of neighbouring peers and gentlemen, or sometimes of the Crown, were first observed to be attempted by rich capitalists in the general elections of 1747 and 1755: though the prevalence of bribery in a less degree is attested by the statute- book, and the journals of Parliament from the Revolution, it seemed not to have broken the flood-gates till the end of the reign of George II., or rather perhaps the first part of the next. The sale at least of seats in Parliament, like any other transferable property, is never mentioned in any book that the writer remem- bers to have seen of an earlier date than 1760. The country gen- tlemen had long endeavoured to protect their ascendancy by ex- cluding the rest of the community from Parliament. This was the principle of the Bill, which, after being repeatedly attempted, passed into a law during the long administration of Anne, requiring every member of the Commons, except those for the Universities, to pos- sess, as a qualification for his seat, a landed estate, above all incum- brance, of 3oo/. a-year. The law was, however, notoriously evaded; and was abolished in 1858, by the Act 21 Viet. cap. 26. Placemen in Parliament, In 1694 a bill passed both Houses "touching free and impar- tial proceedings in Parliament," against the eligibility of Place- men. On its discussion Mr. Harley, afterwards Earl of Oxford, H 2 100 KNOWLEDGE FOR THE TIME. remarked, that t( in the ist of James I., the Chancellor, studious of the good of the kingdom, sent down to the House of Com- mons a list of the members in office, and they were turned out of the House, and new members chosen." King William, however, refused his sanction to this Act. "A Dutchman (says Mr. Burgh) comes over to Britain on pretence of delivering us from slavery, and makes it one of his first works to plunge us into the very vice which has enslaved all the nations of the world that have ever lost their liberties. When the Parliament passed a bill for incapacitating certain persons who might be supposed obvious to Court influence, our glorious Deliverer refused the royal assent." ' New Peers. Nothing is more plausible than to talk of strengthening an order by making it more popular in its constitution, &c. ; but practically, we know that in early days in England nothing was so ttwpopular as a batch of bran-new potentates. The proofs are abundant. When James I. began scattering coronets (" crownets" they called them in old times), a wag issued a pamphlet which professed to teach people " How to remember the names of the Nobility." Hannay. The Russells. Hereditary likeness is one of the commonest phenomena in tt world, and is an index of the moral resemblance which makes character of a particular class run through a line, and thus, in free countries like ours, produces hereditary politics and affects the fortunes of the State, as was the case at Rome. t{ A Russell," says Niebuhr, very justly, " could not be an absolutist ; the thing would be monstrous." This conviction is, no doubt, one excellent reason why Liberals glorify the race with such constancy. Hannay. [Is not this the reason why Lord John Russell, when raised to the Peerage in 1861, preferred to the Earl of Ludlow the title of Earl Russell 1 ? He would not part with the glory.] Political Cunning. The obtaining of the same ends by opposite means is exemplified as follows : Jack Cade, when he wanted to be popular, called himself a Mortimer, and said his wife was a Lacy ! The great Napoleon, to win the Continent, on the contrary, professed that he belonged to the canaille, though he knew, and his brother Joseph, and all of them well knew, that the Buonapartes were good Italian nobility. Hannay. DIGNITIES AND DISTINCTIONS. 101 The Union-Jack. The term "Union-jack" is one which is partly of obvious signification, and in part somewhat perplexing. The "Union" between England and Scotland, to which the flag owed its origin, evidently supplied the first half of the compound title borne by the flag itself. But the expression "jack" involves some diffi- culty. Several solutions of this difficulty have been submitted, but, with a single exception only, they are by far too subtle to be considered satisfactory. A learned and judicious antiquary has recorded it as his opinion, that the flag of the Union received the title of "Union -jack" from the circumstance of the union between England and Scotland having taken place in the reign of King James, by whose command the new flag was introduced. The name of the king in French, " Jaques" would have been certainly used in heraldic documents: the union flag of king "Jaques" would very naturally be called after the name of its royal author, Jaques' union, or union Jaques, and so by a simple process we arrive at wnion-jack. This suggestion of the late Sir Harris Nicolas may be accepted without any hesitation; and the term "jack v having once been recognised as the title of a flag, it is easy enough to trace its application to several flags. Thus the old white flag with the red cross is now called the " St. George's jack ;" and English seamen are in the habit of designating the national ensigns of other countries as the "jacks" of France, Russia, &c. We quote this sensible view from the Art Journal. The paper by Sir Harris Nicolas above referred to will be found in the Naval and Military Magazine for 1827 ; and with engravings, in Brayley's Historic and Graphic Illustrator. Field- Marshal. The title of Field-Marshal is one of comparatively modern date, having been first created only so far back as the reign of George I. In the London Gazette for the month of January, 1736, we find it announced that " His Majesty has been pleased to erect a new post of honour, under the title of Marshal of the Armies of Great Britain, and to confer the same on the Duke of Argyll and the Earl of Orkney, as the two eldest generals in the service." The corresponding title up to that time would seem to have been that of " captain-general," which was subsequently revived, as a distinction, in the person of William Duke of Cumberland, just previous to the Rebellion of '45, and again in that of the late Duke 102 KNOWLEDGE FOR THE TIME. of York in 1799. The title of field-marshal has been but spar- ingly conferred only about thirty individuals, exclusive of royalty, having been gazetted as field-marshals during upwards of 1 20 years. Change of Surname. The usage at the Home Office in dealing with applications for Change of Name has been thus stated by the Secretary, Sir George Grey, there being no written law on the subject : " About two hundred years ago, the practice of applying for permission to change names arose 5 and in ^i 783, in consequence of the frequency of the request, it was deemed necessary to put some check on it. A regula- tion was, therefore, made that all cases should be referred to the College of Arms. That reference is not, however, necessarily decisive, as it is in- tended only for the information of the department. That usage has been universally adopted, subject to the modification introduced by Sir Robert Peel, that where there are no plausible grounds for an application, and it is obviously the mere result of whim or caprice, it should be at once declined, without any reference to the College of Arms, leaving it to the applicant to change his name on his own responsibility." Now, Sir Robert Peel died in 1850, in which year a gentleman named Laurie obtained two royal licences to change his name ; first to Northdate> and then to Nuthall, " in compliance with the will of the late Catherine Jack, spinster, of Sloane-street." In 1851 a lady named Braham was per- mitted by royal licence to assume the name of Medows, on the plea that she was " the co-heiress expectant" of her aged grandmother, who was so called. In 1852 a gentleman named Rust was granted a royal licence to assume his wife's maiden name, D'Eye, "out of respect to her memory." In 1853 a Mr. Penny was allowed to assume the name of Harwood, " by wish of his mother, out of respect to his grandmother." In 1854 Thomas Clugas, of Guernsey, was permitted by royal licence " to use his paternal name of Clucas." In 1855 a Miss Galston was allowed to assume the name of Stepney, " out of respect to her maternal ancestors in general." It is difficult to conceive more trifling grounds than these on which royal licences have been granted in the above-quoted instances. The authorities are, however, divided in their opinions. The Lord Chancellor (in 1863) refused to recognise officially a change of name, because the applicant had not obtained the royal licence to bear that name, and the arms connected with it ; while, on the other hand, the Secretary of State for the Home Department has declared that such a licence is unnecessary, and that a name can be legally assumed without it. But the claim to the new name assumed can only be established " by usage of such a length of time as to give the change a permanent character," a reservation which has clogged the undoubted right of every Englishman to assume any name he pleases, provided the assumption be made DIGNITIES AND DISTINCTIONS. 103 bonafde, and with reasonable publicity, while it has the effect of placing everybody at the mercy of any ill-conditioned official who may take pleasure in obstructing him and opposing him. Reference to the London Gazette proves that Royal licences have hitherto been constantly issued from capricious motives, and on no fixed principle whatever. Doubtless, in many cases, they have been granted in furtherance of testamentary conditions con- nected with property ; but they have been quite as often granted merely to enable applicants to avoid names which were distasteful to them, and to assume others which were more agreeable to them. As the qualification which Sir George Grey and the Lord Chancellor appear desirous of affixing to the right to change name, without the assistance of a Royal licence, virtually cancels that right altogether in a vast number of cases, it becomes, in conse- quence, highly important that the rules by which those indulgences are obtainable, and the amount of the fees which must be paid for them, should be exactly made known. A Parliamentary Return states that since 1850 415 applications have been made for royal licence for a change of name, and 398 licences have been granted. There is a stamp duty of 507. on every such licence if the change of name is made in compliance with the injunction of any will or settlement, and of io7. if the application is voluntary. The fees payable are stated to be io/. 2s. 6d. on a change of name only ; 137. I2s. 6d. on a change of name and arms j and i7. "js. 6d. for every additional name in- serted in a licence ; which fees are paid into the Exchequer. But the return is described as being made only "so far as relates to the Home Secretary's office," and therefore does not appear to include fees at the Heralds' College. To conclude it does not appear that the Queen either claims or exercises any special prerogative whatever connected with the subject of change of surname ; or that a Royal licence is anything more than the recognition in the highest quarter of a voluntary act already accomplished. Its recipient is not even compelled to bear for a day the surname which it authorizes him to assume ; nor are other people enjoined by it to recognise him by that name, if they are not inclined to do so. The case of the Right Hon. R. C. Dundas, who in 1836 obtained a Royal licence, in com- pliance with the conditions of a Will by which he inherited a con- siderable estate, to bear the name of Christopher only, and who, in spite of that licence and without either procuring its revocat on or obtaining the grant of a fresh one, has since sat in Parliament under the surname of Nisbet, and who now bears the surname of Hamilton, assumed proprio motu, completely establishes this point. 104 KNOWLEDGE FOR THE TIME. n The Statute Law and the Common Law. Lord Chancellor Westbury, in the House of Peers, in the Session of 1863, made the following statement with reference to the revision and expurgation of the Statute Law, from the earliest commencement of our legislation down to the beginning of the 1 7th century the legislation, in fact, of about 500 years. The Laws are divided into Written and Unwritten law. The written is the statute law, and the decision of the judges consti- tutes the unwritten law of the land. The Statute Law* is in a great measure supplemental to the Common Law, and a know- ledge of the common is necessary in order to enable a man to read and understand the statute law. The Common Law is only traditionary it is supposed to reside in the breasts of the judges ; accordingly, when it is necessary to ascertain it in the House of Lords, their lordships require the attendance of the judges, who are called upon to declare what that law is. In like manner, in the great court of equity to which belongs that large portion of natural justice which is repudiated by the common law, the judges have the power of determining what constitutes the rudiments of that law. This is, undoubtedly, a dangerous and a difficult trust. It is little less than legislative power, because the sources of com- mon law are of the most varied character. It is probably derived in a great measure from customs and usages, recorded only in the memory of man ; it is partly derived, no doubt, from old rules embodied in acts of which no record now exists. It is partly made up of relics of the old Roman jurisprudence which remained so long throughout the land ; and it is partly the result of customs and maxims, handed down from one generation to another. The sources were so varied in ancient times that the custom of declar- ing the law also varied. In the old time it was impossible to know what the law was. The judges were not only legislators, but the worst of legislators legislators ex post facto. Accordingly, at an early period, it became necessary for the protection of liberty, in order to get some kind of approach to uniformity, constancy, and * The Statutes were inscribed in Latin to the time of Edward I. (1272) ; in Norman-French to about the time of Richard 111. (1483)5 and subse- quently in the English language. CHANGES IN LAWS. 105 regularity in the law, that the grounds and reasons of the judges' decisions should be given. At first an attempt was made to do so by entering the reasons for the judgments in the rolls of the court ; and our court rolls, preserved from the time of Richard I., contain repeatedly the reasons for the decisions and sentences. At the latter end of the reign of Edward II., or in the beginning of the reign of Edward III., the practice of reporting the decisions of the judges began, and from that period down we have a series of judicial reports of those decisions. That was a great security for the people, because it was an approach to certainty in the law. The origin and reason of it was a distinctive peculiarity in the English mind namely, the love of precedent, a love of appealing to precedent rather than indulging in abstract reasoning. This was the only mode in which the law was recorded, and the only mode in which it became known. These reports were kept for a considerable period of time under the superintendence of the judges themselves, and great care was taken in sifting and ascer- taining the grounds of the decision. The evil was, therefore, com- paratively little ; but in course of time, as the reports multiplied and as the personal superintendence and care of the judges were withdrawn, great complaints began to arise ; and so much incon- venience was felt that, as early as the time of Lord Bacon, it became a subject of general dissatisfaction which attracted his attention, and led to his compiling and publishing his celebrated book for the amendment of the law of England. The Lord Chancellor, in his revision and expurgation, proposed to do little, if anything at all, more than revive the proposal of Bacon. "The wisdom and excellence of that proposal has been admitted from age to age ; and the fact that nothing has been done to give effect to it we must attribute to the singular inertia that characterized the English Legislature." Curiosities of the Statute Law.* Most people have a confused idea that as new laws are made old ones are repealed ; and that the Statute-Book, bulky as it is, contains nothing but what every Englishman is bound to know and observe. Such, however, is not the case : for the old laws, instead of being cleared away to admit the new ones, have been allowed to remain, so that nine-tenths of this Statute-Law is really not law at all ; and if the Statute-Book were freed from the enactments which have become obsolete, or ceased to be in * Selected and condensed from the Times, June 13, 1863. 106 KNOWLEDGE FOR THE TIME. force without being specifically repealed, it would be reduced from forty to four or five volumes. Enough of confusion, pro- lixity, and repetition would still remain within this compass to exercise the wits and fill the pockets of the lawyers ; but the perusal of it would no longer occupy a lifetime, and this excuse for our ignorance of it would be very much weakened. To show the necessity of the revision of our Statute-Book, we shall quote from the schedule of the Bill presented by the Lord Chancellor to the House- of Lords in the Session of 1863, a few samples of useless or inoperative enactments, to show how curiously the history of a bygone age is reflected in its legislation. Here in the midst of provisions confirming or modifying feudal privileges and liabilities is, "The Sentence of Curse given by the Bishops against the Breakers of the Charters." No less out of place in the Statute-book, ac- cording to modern notions, is " The Award made between the King and his Commons at Kenilworth." Next, we light upon enactments prescrib- ing " The Remedy if a Distress be impounded in a Castle or Fortress," and prohibiting the custom of distraining upon one foreigner for the debt of another. By the famous Statute Circumspecte Agat'n laymen are restrained from laying violent hands on a clerk, while other Acts warn " men of religion " against aggression on their lay neighbours. Then we come to a whole series of sumptuary laws, and laws for the encouragement or disci- pline of particular trades. Bread and ale are placed under special protec- tion j butchers and cooks are forbidden to buy flesh of Jews, and sell the same to Christians ; exporters of wool are to give surety to import silver in return } iron is not to be exported at all ; " no shoemaker shall be a tanner, nor any tanner a shoemaker 5" yet (by a later Statute) "shoe- makers may tan leather till the next Parliament ;" all merchandises of a certain kind are to be carried to Calais j gowns and mantles are to be worn of a specified length j salmon, herring, and eels are to be packed in a spe- cified manner ; long-bows are not to cost more than a specified sum ; calves are not to be killed at the will of their owners ; the " breade of horsys " is subjected to State control ; and " the stuffynge of feather-bedds " does not escape the vigilance of Parliament. Most of these Acts, and a very large per-centage of all those which are proposed for repeal, have reference to a state of society which has little in common with our own. Instead of .enacting that "every one may put his child to school," we debate now-a- days as to whether he should not be compelled to do so ; and, instead of fixing the rate of workmen's wages by Act of Parliament, we tolerate a liberty of combination which sometimes enables them to exact more than the market value of their labour. If the habit of "telling slanderous Lyes of the Great Men of the Realm " is not quite extinct, it is no longer checked by penalties, and we are content to leave " fonde and fan- tasticale Prophesies " to refute themselves. The expurgation by which it was proposed to rid the Statute- book of this lumber was originated some 250 years ago, by Bacon, as stated in pp. 104 105; but the statutes which he 'marked, CHANGES IN LAWS. 107 before the Restoration or the Revolution, before the Union of Scotland or Ireland, before the abolition of the feudal tenures, before the passing of the Habeas Corpus Act, still encumber the Statute-book ; and the plain, sensible, and unanswerable sug- gestions which he threw out for the heroic work of consolidating the statutes have remained without effect. Each succeeding gene- ration has employed itself in adding something more to that mass of evil which the great philosopher felt and denounced. If the mind of Bacon was shocked at the tangled labyrinth of our Statute Law in the reign of James I., if Sir Matthew Hale occupied his mind with the same subject in the reign of Charles II., what would they have said could they have foreseen the 10,000 statutes passed in the reign of George III., and the Ossa which the industry of the last forty-five years has piled upon the shoulders of that mighty Pelion ? Secret of Success at the Ear. Sir Thomas Buxton relates that he once asked Sir James Scar- lett what was the secret of his pre-eminent success as an advocate He replied that he took care to press home the one principal point of the case, without paying much attention to the others. He also said that he knew the secret of being short. " I find,'' said he, " that when I exceed half an hour I am always doing mischief to my client ; if I drive into the heads of the jury important matter, I drive out matter more important that I had previously lodged there." Queen's Serjeants, Queen's Counsel, and Serjeants-at-Law. To remove certain doubts of very recent growth (cast upon a matter previously deemed plain enough), the following statement is the result of a very careful inquiry : Queen's Serjeants are sworn to " serve and counsel the Queen and duly to minister the Queen's affairs, and sue the Queen's process after the course of the law and after their cunning, and they are to take no fee of any one against the Queen." Queen's counsel, as distinguished from Queen's ser- jeants, are appointed by Letters Patent under the Great Seal, giving them precedence " in our courts as elsewhere." The oath administered to Queen's counsel is precisely the same as the oath administered to Queen's Serjeants. Next after Queen's counsel come serjeants-at-law, who, on taking their degree, swear that they shall " serve the Queen's people and truly counsel them that retain them, after their cunning." Sometimes a serjeant-at-law < 103 KNOWLEDGE FOR THE TIME. applies for a (t Patent of Precedence," which gives him precedence next after the last of the Queen's counsel previously appointed. No oath is administered on the grant of a patent of precedence, as it implies no special service or duty to the Grown. Do not make your Son an Attorney. Apart from the heavy expenses which must, even under the most favourable circumstances, attend the introduction of a youth into the legal profession, the fact must never be lost sight of that the examination which articled clerks are now called upon to pass before they can be admitted is of such a rigorous nature that per- haps not one in ten of the established practising attorneys could undergo the ordeal. Then, if we consider that the legal profes- sion is at the present moment vastly overstocked, and reflect upon the fact of numbers of clever young men, who finding it impos- sible to beat out a connexion for themselves, either make for one of the colonies, or settle down at home in managing clerkships, at salaries scarcely equal to the remuneration paid to skilled me- chanics, there is quite enough to make us hesitate before placing our sons in law offices. Nor must the fact be overlooked, that the tendency of our legislation has been, and will continue to be, to simplify legal procedure as much as possible ; to lower the scale of fees payable to attorneys and solicitors, and even to dis- pense in many instances, with the necessity for employing profes- sional men at all. S. Warren, Q.C. Appellate Jurisdiction of the House of Lords. The proper constitution of the Supreme Court of Appeal justifies the utmost solicitude of the legislature and the country. The difficulties surrounding its reconstruction were found too great to admit of solution during the session of 1856, unex- pectedly complicated as they were by the creation of that very distinguished judge, Baron Parke, a peer for life only, as Lord Wensleydale. The greatest constitutional lawyers in the House of Lords, supported by a considerable majority of peers, declared that the Grown had no power to create a peer for life only, with a right to sit and vote in that house ; that such an act was illegal, and that the very essence of the British peerage consisted in its hereditary character. Issuing out of these discussions a Bill for reconstructing the appellate jurisdiction was sent down from the Lords to the Commons, but so late in the session that they de- clined then to entertain it. Whatever may be the ultimate fete of this measure, it is still practicable, even without adopting its CHANGES IN LAWS. ]09 special machinery, to preserve the appellate jurisdiction of the House of Lords itself an object of the highest importance by providing for more assistance from the legal and equitable judicial force of the country. In the meantime a well-earned hereditary peerage was conferred on Lord Wensleydale, under which he took his seat before the session closed. Blackstones Commentaries , edited by Warren. Payment of an Advocate. In 1863, Chief Justice Erie gave judgment in the case of Ken- nedy v. Broun, which involved the right of the plaintiff, a bar- rister, to recover the sum of 2O,ooo/., alleged to have been pro- mised by Mrs. Broun, then Mrs. Swinfen, for professional services rendered in the matter of the Swinfen estates ; the trial at War- wick having been compromised by Lord Chelmsford, then Sir Frederick Thesiger. An action was brought by Mr. Kennedy to recover the 2O,ooo/. in question, and a verdict was given in his favour. A rule was obtained to set aside that verdict and enter it for the defendant. The Chief Justice, in a most elaborate judg- ment, said that the relation of the parties, as advocate and client, incapacitated the latter from making any promise of remuneration which could be recovered as a debt. The payment to an advo- cate was as honorarium, not merces and the opinion of all the judges, from the days of Justinian to the present time, supported that view. The rule for a new trial to enter the verdict for the defendants was therefore absolute. This of course quashed Mr. Kennedy's claim. Utter-Barristers. "The term 'Utter-Barrister' occurs for the first time in the reign of Henry VIII. It is mentioned in the < Orders and Cus- toms ' of the Middle Temple, where it is applied to one who, having continued in the house for five or six years, and profited in the study of the law, has been called by the benchers < to plead, argue, and dispute some doubtful matter before certain of the benchers,' which < manner of argument or disputations is called motyng and this making of Utter-Barristers is as a preferment or degree given him for his learning.' " Fifty years ago no junior barrister presumed to carry a bag in the Court of Chancery, unless one had been presented to him by the King's counsel, who, when a junior was advancing in prac- tice, took an opportunity of complimenting him on his increase oft business, and giving him his own bag to carry home his papers. It 110 KNOWLEDGE FOR THE TIME. was then a distinction to carry a bag, and a proof that a junior was rising in his own profession. What was Special Pleading ? From a period of very remote antiquity down to the passing of the Common Law Procedure Act, 1852, the pleadings in our Law Courts were of a highly artificial character, and had been elaborated, by the care of judges and practitioners during many successive centuries, into a regular system or science, called plead- ing^ or more properly, special pleading, which constituted a d.s- tinct branch of the Lafa, with treatises and professors of its own. It was a system highly rated by our ancient lawyers, and had at least the merit of developing the point in controversy with the severest precision. But its strictness and subtlety were a frequent subject of complaint ; and one object of the Common Law Pro- cedure Act, 1852, was to relax and simplify its rules. Whether the effect of this will be to impair its value or not in other re- spects, experience alone can decide. Stephen's Commentaries, note. Lord Campbell studied, at Lincoln's Inn, the mysteries of special pleading, under the guidance of Mr. Tidd, through whom he traced his legal pedigree up to the celebrated Tom Warren, father of this wondrous art. Tom Warren begat Serjeant Run- nington, Serjeant Runnington begat Tidd, Tidd begat Campbell, and Campbell begat Dundas and Vaughan Williams. " Tidd," writes his grateful pupil, " lived to see four sons sitting together in the House of Lords Lord Lyndhurst, Lord Denman, Lord Cottenham, and Lord Campbell. To the unspeakable advantage of having been three years his pupil, I chiefly ascribe my success at the bar." What is Evidence ? Mr. Stephen, in his able Treatise on the Criminal Law of England, gives the follow definitions of Evidence : All the facts with which we are acquainted, visible or invisible, internal or external, are connected together in a vast series of sequences which we call cause and effect j and the constitution of things is such, that men are able to infer from one fact the existence, either past or future, of other facts. For instance, we infer from a footmark on soft ground that a foot has been impressed upon it. From the fact that a man is planting his foot on soft ground, we infer that if he completes that motion a footmark will appear. Any specific fact, or set of facts, employed for the purpose of in- ferring therefrom the existence of any other fact, is said to be evidence of the fact. Suppose the question is whether John Smith is living or dead : A says, "I knew John Smith, and I saw him die." B says, I knew CHANGES IN LAWS. Ill John Smith. I saw him in bed; he looked very ill. I shortly afterwards Heard he was dead, and saw a funeral procession, which I attended, and which every one said was his funeral, leave his house and go to the church- yard, where I saw a coffin buried with his name on it." C says, " Z told me that he heard from X that John Smith was dead." D says, "I had a dream that John Smith was dead." Each of these facts, if used for the purpose of supporting the inference that John Smith was really dead, would be evidence of his death. The assertions of A and B would, under ordinary circumstances, be convincing ; that of C far from satisfactory, and that of D altogether idle, except to a very superstitious person. This would be usually expressed by saying that the assertions of A and B would be good evidence, that of C weak evidence, and that of D no evidence at all of the fact of the death. But this is not quite a correct way of speaking ; whe- ther one fact is evidence of another, depends on the way in which it is used. If people usually believed in dreams, the assertion that a man had dreamt of John Smith's death would be evidence of his death. Whether or not it would be wise to allow it to be evidence of his death, would de- pend on the further question, whether in point of fact the practice of inferring the truth of the dream from the fact of its occurrence, usually produced true belief. It would, unquestionably, aid the ends of justice if the real nature of evidence were better understood ; which can only be assisted by the right use of reason. What is Trial? The decision of fact, which constitutes in every civilized country the chief business of courts of justice ; for experience will abundantly show that above a hundred of our lawsuits arise from disputed facts, for one where the law is doubted. About twenty days in the year, says Blackstone, are sufficient in Westminster Hall to settle, upon solemn argument, every de- murrer or point of law that arises throughout the nation ; but two months are annually spent in deciding the truth of facts before six distinct tribunals, exclusive of Middlesex and London, which afford a supply of causes much more than equivalent to any two of the largest circuits. (3 Bl. Com. 320.) The state of things in our own days is substantially the same. Stephen's Commentaries. Trial by Jury. In England, when the aspect of the French Revolution divided our public men into factions in the evil time, when statesmen had talked complacently " of a vigour beyond the law," when judges had tortured free speech into sedition, and when open violence and secret art were sapping the liberties we prize most 112 KNOWLEDGE FOR THE TIME. dearly, English juries, with the approbation of the country, in- ' terposed frequently against political wrong, and vindicated the good cause that elsewhere had been abandoned. As for the loyalty and good sense of the nation as a whole, the mode in which it obeyed the Government attests this in a remarkable way ; and though, of course, the Revolution in France stirred up some elements of disorder here, they were as nothing among the great mass of Englishmen. This truth is urged by Mr. Massey with more force than by any other historian, and it deserves to be put prominently forward, as several writers have asserted the contrary. In his very instructive summary of the state of English opinion at this period, he says : " Because freedom had been abused at Paris, the liberties of Englishmen were assailed. The press was put under restraint ; legions of spies were let loose upon the country, and no man could speak his mind in safety, or even do the most harmless act without fear of question. It is no wonder that the old English feeling was aroused, and that the State trials of 1794 were re- garded with an intensity of interest which had not been equalled since that of the Seven Bishops. The public safety at that time depended on the trial by jury, and men were satisfied that their liberties were safe when it appeared that the great institu- tion which had so often sustained them was still sound and un- shaken. . . . Happily the prosecutions failed, and from their failure was derived that security which but for these trials would not have been ascertained. Times review ofMasseys History of England. That sound and experienced judge, Sir John Coleridge, in a lecture delivered by him at the Athenseum, Exeter, stated that He had been a judge for an unusually long period, and he should ever regard with admiration the manner in which juries discharged their duties. Again and again he had reason to marvel at their patience, and again and again he had observed questions put by a jury which had been omitted by counsel and judge, the answer to which had thrown a light that had guided them to the. truth of the whole matter. He had often thought if he had the appointment of the magistrates in the country, that he would appoint those gentlemen who had served on petty juries on the Crown side for two assizes at least j for he was sure that a more practical knowledge of criminal law was learnt in that way than could be acquired by several months of careful reading. One thing should always be remembered, that stupid verdicts were no arguments against the institution, for no human institution, however wise in itself, could be expected to work perfectly. Let them improve their jurymen by raising the character of their national education j let them introduce into their panels all classes who by law were liable to serve ; and when they had done that, and not till then, if they found it to fail, let them condemn the institution. They lived under a law which, though far from perfect, CHANGES IN LAWS. 113 was framed in a wise and just spirit. They could not possibly overrate the blessing which they possessed, yet it was so much a matter of course that they were apt to think as little of it as they did of the sun that shone upon them from Heaven. Attendance of Jurors. The law on this subject has been thus concisely explained by Mr. Under-Sheriff Burchell. At the present period, persons who claim to be excused from attending as jurors should get their names removed from the jury-list. In July, within the first week, the Clerk of the Peace is to issue his warrant to the high con- stable for the overseers to prepare and make out a list of persons qualified as jurors. For three weeks in September the list is to be exhibited on the doors of churches and chapels, with a notification where objections are to be heard. Within the last seven days of September the justices are to hold a petty sessions to hear objec- tions. If persons having exemptions do not attend to the subject, they may be returned and be liable to serve until the list is cor- rected in the September following. Some complaints are made ol persons being returned by parish officers who had either removed or been dead for years. The law as stated prevails throughout the counties of England. The Law of Libel. It would be useless to attempt to define, within our limit, the principles of the Law of Libel it would be attended with fruit- less results ; but we may be permitted to give such an outline of the subject as may be useful for reflection and research, if not for immediate practice. Now that the old saying, " The greater truth the greater libel," is no longer applicable even to indictments for defamation, the popular idea of what is and what is not action- able is correct, so far as it goes. It is now generally understood that a false and malicious attack upon another man's character is in all cases illegal ; that a somewhat less offensive imputation than would support an action for mere words will render its author liable in damages if it be conveyed in writing, but that the law deems all statements of this kind to be justifiable which can be shown to be true. For the ordinary intercourse of life these rules and cautions are sufficient. No one can speak ill of his neighbour with impunity, unless he is prepared to make good his \vords to the letter ; or, at least, to prove that they were spoken without malice or on a lawful occasion. With regard to the Press, it has been proclaimed again and again from the judicial Bench, that " fair comments" in a journal or periodical are not within the Law i 114 KNOWLEDGE FOR THE TIME. of Libel ; but, then, what is to be the test of " fairness" ? It is quite possible that a journalist's comments may be made bondfde and out of a regard for the public welfare, and yet may be incapable in their very nature of legal proof. In the case of Campbell v. Spottiswoode, the former obtained a verdict against the printer of the Saturday Review for an alleged calumny against himself as editor and part-proprietor of the British Standard and Ensign. The defendant's counsel relied at the trial, and in his argument before the Court of Queen's Bench, on the " general privilege" of all who discuss public questions without actual malice. The Lord Chief Justice and the Court decided against him, on the ground that there is no such general privilege ; and that the imputation of base motives throws upon a public critic, as it would upon a private detractor, the necessity of bringing them home to the party maligned. According to this doctrine, the jury is not to be allowed to compare the comments with the evidence before the writer, and to say whether they were "fair" and justified by appearances. Nothing short of their, being strictly true in fact, and proved to be so in open court, will relieve the latter of his liability. Nevertheless, we have the authority of the Lord Chief Justice (Erie) of the Common Pleas (Turnbull v. Bird, 1861), for the principle that very strong and injurious language, if provoked and employed " for the purpose of maintaining the truth," " without any corrupt motive," may be innocent in the view of the law. We have the sanction of the same eminent Judge that " a man may publish defamatory matter in defence either of his private or his public rights. Every subject of this realm has a right to comment upon the acts of public men, for they concern him as such subject ; but he must not make his commentary a cloak for malice. Such a commentary, however libellous, is justifiable if the defendant honestly believes that he is writing what is fair and just ; but if he makes wilful misrepresentation, or misstatement that might have been avoided by ordinary care, his protection ceases." We find it assumed by Chief Justice Erie, and stated in plain terms by Mr. Justice Willes, that there is such a thing as a "privilege of fair discussion on a matter of public interest," though two of the learned Judges of the Queen's Bench were at much pains to show that a right belonging to all her Majesty's subjects cannot properly be called a " privilege." Moreover, we have the general but most emphatic testimony of Lord Ellenborough, that where the "object" is "to correct misrepresentations of fact, to refute sophistical reasoning, to expose a vicious taste in literature, or to censure what is hostile to morality," there can be no libel. In a case against the Lincolnshire Chronicle, the Judge, Mr. Justice Coleridge, laid down the law as follows : CHANGES IN LAWS. 115 " In discussing the public conduct of a public man, a journalist might certainly use the most unceremonious freedom, and juries should not be nice in criticising the language in which the censure might be conveyed, if they could see that the motive and spirit of the whole were public and honest. On the other hand, no newspaper was justified in commenting upon the private life even of a public man ; but the present appeared to be an intermediate case. The plaintiff" filled a public situation, but it could hardly be said that the paragraph was merely a comment upon his conduct as ald'erman, neither did it relate to a strictly private matter. The most objectionable paragraph appeared to him to be that which imputed to the plaintiff ' confused notions on the important matters of meum and tuum^ but the jury must look at the whole, and say whether in their opinion it ex- ceeded the bounds of fair comment upon the conduct of a person rilling the position which the plaintiff filled. The jury found a verdict for the defendant." But, by the judicial dicta in Campbell v. Spottiswoode, no greater latitude is allowed in comments on public topics than in remarks on private affairs. Any theoretical indulgence to the former, whether it be called privilege or not, is a worthless boon if truth, or rather legal demonstration, is to be the only test of " libel or no libel" for literary critiques. As Mr.Bovill well pointed out, no privilege is wanted where truth can be successfully pleaded. On the other hand, no privilege is demanded where malice can be established against the writer, or inferred by the jury from the tone and spirit of the composition. It is where a public critic, with the best and purest intentions, has injured the good name of a public man that the question arises. The great difficulty is to render the Press harmless to individuals, and yet to leave it powerful for good. Abridged from the Times. With regard to the propagation of Libel, " it may be some doubt in the eye of morality, whether the purchaser ot a satirical libel does not share in the guilt of the author ; and whether the pleasure in reading it is not of a criminal sort, and a proof of the malignity of human nature. There would be no thieves nor stolen goods, experience tells us, if there were no receivers ; and no scurrilous writings nor libellous prints would be published, to cor- rupt the ear or gratify the impudence of the eye, if there were no purchasers." These sentiments are from Bayle's Essay on Defa- matory Libels ; and we remember Lord Brougham to have once expressed himself in almost the identical words of Bayle, in a speech on the Newspaper Stamp Duty. Induction of a Rector. The ceremony of inducting a clergyman to his benefice is briefly as follows : the instance being the induction of the Rev. I 2 116 KNOWLEDGE FOR THE TIME. Pascoe Grenfell Hill, Feb. 9, 1863, to the benefice of the united parishes of St. Edmund the King and St. Nicholas, Lombard- street. The Rev. Mr. Hill brought with him the Rev. J. Lupton, who performed the office of induction. The reverend Chaplain, therefore, accompanied by the Rev. Mr. Hill, proceeded to the church-door in Lombard-street, and the Clerk having put the key into the lock of the door, the Chaplain took Mr. Hill's right hand, and placing it on the key thus inserted in the lock, said, holding the archdeacon's mandate in his hand, "By virtue of this instrument, I, James Lupton, Rector of St. Michael's, Queenhithe, induct you into the real, actual, and corporal posses- sion of the United Rectory of St. Edmund the King and Martyr with St. Nicholas Aeons, with all its fruits, members, and appur- tenances." The new Rector then opened the church door, and having entered the church, shut himself in, and then pulled one of the bell?, so as to assure the public that he was in the church and had taken possession of it. He then returned to the church-door, opened it, and let his friends and the officials in. Benefit of Clergy. The privilege of Benefit of Clergy, Privilegium Clericale arose in the pious regard paid by Christian princes to the Church in its infant state, and consisted of ist, an exemption of places consecrated to religious duties from criminal arrests, which was the foundation of sanctuaries ; 2nd, exemption of the persons of clergymen from criminal process before the secular judge, in par- ticular cases, which was the original meaning of the privilegium clericale. In the course of time, however, the benefit of clergy ex- tended to every one who could read, for such was the ignorance of those periods, that this was thought a great proof of learning ; and it was enacted, that from the scarcity of clergy in the reaim of England, there should be a prerogative allowed to the clergy, that if any man who could read were to be condemned to death, the bishop of the diocese might, if he would, claim him as a clerk, and dispose of him in some places of the clergy as he might deem meet ; but if the bishop would not demand him, or if the prisoner could not read, then he was to be put to death. 3 Ed- ward I., 1274. Benefit of Clergy was abolished by statute ;th and 8th George IV., c. 28. The King's Book. "The King's Book," so frequently mentioned in connexion with the value of church livings, is the Return of the Comm.s- CHANGES IN LAWS. 117 sioners appointed under 26 Henry VIII., c. 3, to value the first- fruits and tenths bestowed by that Act upon the King. The valuation then made is still in force, and the record containing it is that commonly known as the Kings' Book (the Valor Ecclesias- ticusy &c.) which has been printed by the Record Commission. Compulsory Attendance at Church. We do not find any very early regulations made to enforce the observation of festivals among Christians. The Middle Ages are somewhat more prolific. Attendance at church on the prin- c ; pal festivals was made a subject of inquiry, about A.D. 900, in Abbot Regino's articles ; and by that of Clovishoff, in 905, the clergy are enjoined to be more diligent in teaching, and the people to be more regular in their attendance. This observance is also enjoined by the laws of Canute, about 1032, which decree "all divine rites and offices, let every one studiously keep and observe ; the feast-days and the fasts, let him celebrate with the utmost ceremony." After the Conquest, the synod of Exeter, 1287, in- cludes the " festival days," with the Lord's days, among those when the people ought specially to attend the churches. And Ascension Day, the feast of Corpus Christi, the high feast of the Assumption of our blessed Lady, and All Saints' Day, are in- cluded with the Lord's days, in the 2yth Henry VI. (1450) in the list of days whereon the holding of fairs is prohibited. The Acts by which at the Reformation it was attempted to secure the due attendance of the people upon the remodelled ser- vices include l< the other days ordained and used to be kept as holidays." But the application of their provisions to the attend- ance upon other holidays than Sundays, seems to have been pretty soon dropped. The statute of James the First, re-enacting the penalty of is. for default in attendance at church, is limited to Sundays ; and the latter day alone is mentioned in the Acts of William and Mary, and George III.; by which exceptions in favour of dissenters from the Church of England were introduced. Mr. Neale, however, cites several cases which appear to settle that the ecclesiastical courts have not the power to compel any person to attend his parish church, because they have no right to decide the bounds of parishes. The repeal of the Act enjoining attendance at church on the th of November, so far as Roman Catholics are concerned, by the 7 and 8 Victoria, c. 102, removing the penalties to which they stood exposed up to the year 1844, must be looked upon more as a piece of consistency in legislation than as the removal ot a possible grievance. And a somewhat similar remark may 118 KNOWLEDGE FOR THE TIME. be made in respect to members of the Church of England, upon the total repeal of the ist of Elizabeth, so far as concerns the penalty of is., for non-attendance at church on holidays. As the statute of James applies solely to Sundays, there is HOW no civil punishment left for this neglect : though it would appear to remain punishable, under the th and 6th of Edward VI., by ecclesiastical censures. Neales Feasts and Fasts, p. 307. Among the recent cases of prosecution, in a Treatise on Sir Matthew Kale's History of the Pleas of the Crown, by Professor Amos, the following passage occurs under "Repealed Statutes:" " In the year 1817, at the Spring Assizes for Bedford, Sir Mon- tague Burgoyne was prosecuted for having been absent from his parish church for several months : the action was defeated by proof of the defendant having been indisposed. In the Report of Prison Inspectors to the House of Lords, in 1841, it appeared that in 1830, ten persons were in prison for recusancy in not attending their parish churches. A mother was prosecuted by her own son." The Mark of the Cross. The old Danish laws made it obligatory upon those who could not write to affix their bomxrke (house-mark) ; and the Russians required a mark, or a cross. The probable reason why the cross was always used in the Middle Ages in the testing of ecclesiastical charters was not only that it was a sacred symbol, but that Jus- tinian had decreed it should have the strength of an oath. B. Williams, F.S.A.', Archaeologia, xxxvii. p. 384. Sir Henry Spelman tells us that " The Saxons in their deeds observed no set forme, but used honest and perspicuous words to express the thing intended with all brevity, yet not wanting the essential parts of a deed : as the names of the donor and donee, the consideration, the certainty of the thing given, the limitation of the estate, the reservation if any were, and the names of the witnesses, which always were many, some for the one part, and some for the other. As for dating, it was not usual amongst them. Seals they used not at all, other than (the common seal of Chris- tianity) the sign of the Cross, which they, and all nations follow- ing the Greek and Roman Church, accompted the most solemn and inviolable manner of confirming." Marriage-Law of England. On the 1 7th of March, 1835, Dr. Lushington, in the House of Commons, stated the history and principle of the Marriage Law of England thus " By the ancient law of this country as CHANGES IN LAWS. 119 to marriages, a marriage was good if celebrated in the presence of two witnesses, though without the intervention of a priest. But then came the decision of the Council of Trent rendering the solemnization by a priest necessary. At the Reformation we re- fused to accept the provision of the Council of Trent ; and in consequence, the question was reduced to this state that a mar- riage by civil contract was valid. But there was this extraordi- nary anomaly in the law, that the practice of some of our civil courts required, in certain instances and for some purposes, that the marriage should be celebrated in a particular form. It turned out that a marriage by civil contract was valid for some purposes, while for others such as the descent of the real property to the heirs of the marriage it was invalid. Thus, a man in the pre- sence of a witness, accepting a woman for his wife, per *verba. de pr., marriages performed in the Fleet prison, 'and its neighbourhood, by a set of drunken, swearing parsons, and their myrmidons, who wore black coats, and pre- tended to be clerks and registrars to the F leet. Those malpractices were put an end to by the Marriage Act of 1754: the register- books were purchased by Government in 1821, and deposited in the Bishop of London's Registry. A similar abuse flourished at May Fair, until it was abolished by the Ac f of 1754, when the register-books were deposited in St. George's church, Hanover- square. The "Border Marriages" were also of this class of abuses, and arose from nothing formerly having been necessary in Scot- land to constitute a man and woman husband and wife save a declaration of consent by the parties before witnesses, or even such a declaration in writing without any witnesses : a marriage which was considered binding in all respects. Still, a marriage in Scotland, not celebrated by a clergyman, except these " Border Marriages," was rarely or never heard of. They were performed at Lamberton toll-bar, about three miles north of Berwick-upon- Tweed ; and at Gretna Green, the nearest locality accessible to strangers actually within the territory of Scotland.* The pre- liminaries of such a marriage used to be a long purse in hand or in prospect, for the purpose of meeting heavy posting expenses, and bribes to secure speed. In the course of time, facility of tra- * See Things not generally Knoivn y First Series, pp. 120 lar. Popular Errors Explained) p. 207. CHANGES IN LAWS. 121 veiling by railway, and of obtaining licensed carriages from the stands in towns, increased ; and the farm-servants and the ser- vants generally in the Border counties began to avail themselves of what was deemed a lawful practice by their superiors from other places. During the holidays for farm-servants, at Whit- suntide and Martinmas, the times of the statute-hirings, parties generally under the influence of drink, and too often tipsy, would hire carriages in Carlisle, and drive, by the two or three couples in a carriage, over the Border to get married in Scotland ; they would live together for two or three days, then go to their ser- vices, and perhaps never again think of their having been married at all; or not till circumstances might arise making it worth the while of one of the parties to claim conjugal rights, with a view to participation in an inheritance of pro- perty a not uncommon accident among the natives of the Border Counties. Under this state of affairs, at the Spring A [.sizes at Carlisle, in 1856, there were three trials for bigamy ; upon the increase of which crime the Judge made some serious remarks to the Grand Jury, in his charge. A magistrate of Cumberland, having leisure time, and a sufficient acquaintance with the Marriage Laws of England and Scotland, to avoid falling into any gross error, set to work to frame Petitions to Parliament and the Home Secre- tary, reciting that such petitions were from the Magistrates of Cumberland, charged with the suppression of vice and immorality in their county ; that a state of irregularity which had formerly been permitted in the Law of Marriage had grown into an abuse, under a change of circumstances ; that the Petitioners thought that the young people of their county acted more out of levity and under excitement, than from any real want of good principle ; and that they submitted the exigencies of the case might be met by requiring all parties, not being natives of Scotland, and wishing to be married in Scotland, to acquire domicile in Scotland, by a residence of a fixed number of days, prior to being considered entitled to the privilege of the laws relating to marriage in Scot- land ; and prayed that the parties petitioned would authorize such measures, &c. The Bench of Magistrates mostly approved of the petitions, one alone declining to sign. The clerical magis- trates generally abstained from signing, urging that if they did sign, it might be objected that they had been instigated through interested motives. The petitions were signed by all the lay magistrates attending the Session at Whitehaven, and were for- warded to London for presentation ; the Hon. Charles Howard taking charge of the petition to the Commons, but with mis- givings as to its success ; his only hope being that the substance 122 KNOWLEDGE FOR THE TIME. of it might be passed in a clause of the Dissenters' Marriage Bill, then before the House. Nor was the Home Secretary, Sir George Grey, more sanguine: he promised to look over the petition, adding the state of the feeling of the House was such that it could not be made a Government measure. The petition to the Lords was taken charge of by Lord Brougham, who was selected because, at the commencement of the Session squibbing speeches had passed between him, with Lord Campbell on his side, and Lord Aberdeen joined by Lord Minto, relative to the laws of Scottish marriages. Such had also been the case in several sessions prior to the one of 1856: bills had been threatened to be introduced for altering the laws of marriage in Scotland entirely ; but always, after Easter, the matter had been dropped. At the above interview, Lord Brougham entered upon the state of the case with the Cumberland magistrate, who knew before- hand that a civil marriage between English in Scotland was not deemed valid for the inheritance of the offspring of real estate in England.* Lord Brougham confirmed this knowledge by citing instances in which real estates in England had not passed to the issue by marriages in Scotland ; and he also mentioned that chil- dren born before marriage could be legitimized to the inheritance of estate and title in Scotland, by the subsequent marriage of the mother to the father ; and Lord Brougham named, in the House of Lords, an instance of the fact. His Lordship added that the Law of Scotland ought to be changed, and must be changed, when it was replied that his Lordship would find that the object of the magistrates of Cumberland was not to change the Laws of Scotland, but to oblige natives of England to obey the Laws of England. We mention this to show how widely the ideas were astray from the real object in view. A Bill founded on the principle of the petitions was introduced by Lord Brougham : it was quickly supported by petitions signed at large meetings convened in the Border Counties ; at one of which, in Carlisle, a solicitor mentioned an instance wherein clients of his own had not only been married, but, in the woman's opinion (she having succeeded to some property), bad been divorced in the course of two or three days, by one of the officiating tnarriers of Gretna. One of these marriers, Murray, of Gretna, admitted that he had married between 700 and 800 couple in a recent year ; and as there were two or three other carriers in good practice, the number of couples married at Sark toll-bar, * In some cases where parties had been married at Gretna, the marriage used to be repeated, as soon as they returned to England, in a church. CHANGES IN LAWS. 123 and at Gretna, may safely be estimated at upwards of 1000 in the year.* When the Bill came to its critical point in the House of Commons, the Lord Advocate for Scotland stated that " seeing that it did not interfere with the Law of Scotland, he should not object to its progress." Thus, the Bill went through its third reading, and passed, within three months from its introduction; and thus was a stop put to a state of affairs threatening the rapid demoralization of the lower classes in the Border Counties and North- Western parts of England.f Solemnization of Marriage. The great facilities for Marriage afforded by the present state of the law will be apparent from the following recapitulation of the various forms and authorities, from the 2oth Annual Report of the Registrar- General: " Marriages may be solemnized- I. According to the rites of the Established Church. In registered places of worship not of the Established Church. 3. In the District Register Office. Authority. 'i. Special licence from the Arch- bishop of Canterbury. 2. Licence from a Surrogate, &c. 3. Publication of banns. 4. Certificate from the Superin- tendent Registrar. ' I. Licence from the Superintendent Registrar. 2. Certificate from the Superin- tendent Registrar. 1. Licence from the Superintendent Registrar. 2. Certificate from the Superinten- dent Registrar. r. Licence from the Superintendent Registrar. 2. Certificate from the Superinten- dent Registrar. "By the English law as it stood before the passing of the Act of 6 and 7 Will. IV., c. 85, no marriage could be lawfully solemnized (except where both the parties were Quakers or Jews respectively) in any other place than * In 1815 the number of marriages celebrated at Gretna was stated in Brewster's Edinburgh Encyclopedia, at 65, which produced about TOOO/. at the rate of fifteen guineas each : Murray, however, charged as low a fee as sixpence each. t For the details of these successful steps for the abolition of the Gretna Green marriages, the writer is indebted to the obliging courtesy of a Corre- spondent who took an active part in the measure. Between Jews. Quakers and between 124 KNOWLEDGE FOR THE TIME. a church or public chapel wherein banns might be published, unless by special licence from the Archbishop of Canterbury. This law was enforced by severe penalties ; and if any persons intermarried without licence from a competent authority, or without the previous publication of banns, the mar- riage was null and void to all intents and purposes. Thus all persons ^vvith the exception of Jews and Quakers), whether conforming to the Church of England or not, were compelled to resort to the Established Church in order to have their marriages lawfully solemnized. The boon conferred upon Roman Catholics and Dissenters generally by the amended law of 1836, which enables them to marry in their own places of worship and according to their own forms, may well be appreciated. The Act of 1856, besides abolishing the objectionable practice of reading notices of marriage before boards of guardians, has sanctioned marriage out of the district in the 'usual place of worship' of one of the parties, and reduced the interval between the giving of notice of marriage by licence and the grant of the licence from seven days to one clear day." 'The Law of Copyright. The Publishers' Circular gives the following summary of fects respecting the Copyright Laws : In our own country, the copy- right lasts 42 years absolutely for the author's life, and seven years after his death. In Greece and in Sardinia it lasts only 15 years from the date of publication. In the Roman States it extends to 12 years after the author's death. In Russia it lasts for 25 years after the author's death, and for ten years more if a new edition has been published in the last five years of the first tenn. In Belgium and Sweden it lasts 20 years after the author's death, with a provision in Sweden, that, should the representative of the author neglect to continue the publication, the copyright falls to the State. In France it lasts for the benefit of children or widow (that is, to the widow if she be what is called in France en com- munaute de biens, a peculiar arrangement in French marriage settlements, which establishes between husband and wife a perfect community in each other's property) 30 years after the author's death, but to other representatives only 10 years. In Spain it lasts 50 years, reckoning from the author's death. In Austria, Bavaria, Portugal, Prussia, Saxony, the Kingdom of the Two Sicilies, Wurtemberg, and the States of the Germanic Confede- ration, it lasts 30 years from the author's death, to all his heirs and assigns without distinction ; and in Denmark, so recently as 1858, it lasted an indefinite period, provided the work was kept in print ; now, however, it is restricted to a period of 30 years after the author's death, with a provision that republication by others is permitted when five years have elapsed in which a work has been out of print. In the United States, copyright lasts for CHANGES IN LAWS. 125 28 years, and an extension of 14 years granted to the author if he lives, or to his widow, children, and grandchildren. With regard to lectures, sermons, &c., the law of France appears to be that professors and preachers have the sole right of reproducing their lectures and sermons in print ; but that advocates and political speakers, while they alone have the right to publish their speeches in a collective or separate form, cannot prevent their being pub- lished in the journals of the time as news. Holding over after Lease. The doctrine is well established viz., that where a tenant by lease holds over after the determination of the term, and pays rent, he becomes a tenant from year to year, under all the conditions of the expired lease consistent 'with such a tenancy. Baron Watson remarks " It is important that no doubt should be thrown upon a question of such very general importance, as a great many of the houses in London and throughout the country are occupied by tenants holding over." Abolition of the Hop Duty. The 1 5th September, 1862, dates the freedom of English Hops from Excise impost, and the abolition of Customs duties upon foreign Hops. Time alone can show the effect so serious a change will have on the average prices of a produce of increasing im- portance throughout the world. The general opinion is that under perfect freedom of trade hops will vary in price in each d.strict of production only in proportion to their quality and the cost of transport ; and that consumers will find prices more uni- formly even than has hitherto been known, since the simultaneous failure in the crop at home and abroad is beyond probability. This tax was tirst imposed by Mr. Harley in the year 1711; and its removal will make the hopgrower in future free from those heavy losses which the Duty inflicted on him in years of large crops and small prices. Hopgrowing has now become a simple farming operation, left to natural causes. It might be that, owing to the costly nature of the production and the precarious nature of the crop, it would always remain a somewhat more speculative branch of business than any other branch of farming. It is, however, thought that the supply of hops will be more abundant, and, above all, more steady and uniform from year to year. The consequence will be that the beer we drink will be more wholesome. Eurton, in his Anatomy of Melancholy ', says: "Beer made without hops is productive of heaviness and melancholy ; but that well hopped is an antidote to it." 126 KNOWLEDGE FOR THE TIME. Customs of Gavelkind. The well-known treatise, entitled "The Common Law ot Kent ; or the Customs of Gavelkind, with the Decisions con- cerning Borough-English/' by Thomas Robinson, with additions by J. D. Norwood, comprehends everything relating to the subject, embracing all that is useful in Somner, Tayler, and Lam- barde, as well as a full account of both tenure and custumal. The work contains chapters on the etymology and significations of the word Gavelkind ; on the antiquity and universality of partible descents in England ; on the places out of Kent where the custom of gavelkind may be alleged and maintained ; on the manner of pleading the custom, and the difference between that and other counties, and between the general and special customs ; on what lands and tenements in Kent are of the nature of gavelkind ; of the effect of the alteration of the tenure and of the disgavelling statutes ; on the nature of gavelkind in reference to descent and partition, and the remedy for and against parceners by the custom ; on the special customs incident to gavelkind lands in Kent, tenancy by the courtesy ; of dower, of customary wardship, and of aliena- tion by any infant tenant in gavelkind ; the father to the bough and the son to the plough, and the custumal of Kent with prece- dents. The principal peculiarities which distinguish socage lands subject to the custom of gavelkind from free or common socage are i. That the lands descend to all males in equal degree, in equal shares. 2. That the husband is tenant by the courtesy of his deceased wife's lands, whether there were issue born alive or not. 3. That the widow is dowable of one-half instead of the third. 4. That an infant may alien by feoffment at the age of fifteen. 5. That upon a conviction of felony, there is no escheat by reason of corruption of blood ; corruption of blood only occurs now in cases of treason, petit treason, and murder see 54 G. 3, c. 145. These peculiarities do not recommend themselves as possessing so great advantages as to induce us to continue a system of law in Kent different from the rest of England. One of its great disadvantages is the difficulty of deducing the title, on account of the complicated subdivisions of the estate. Treasure Trove. Treasure Trove (from the French trouver, to find, trouve, found) is the law by which money, or other treasure, found hidden, is adjudicated to the legal claimant. CHANGES IN LAWS. 127 In 1863, Mr. F. Peel, (one of the Secretaries to the Treasury,) stated in Parliament : It was by no means an unreasonable or absurd law that when an article of gold or silver, belonging to an unknown owner, was found, it should be held to be the property of the Crown. The rights of the Crown in that respect were not, however, rigidly enforced. The articles found were usually returned to the person who was declared to have the best claim to them ; or, if they were of historical interest, they were deposited in the British Museum or some local collection, and their intrinsic value was paid to the finder. What the Treasury desired was to obtain speedy information of the discovery of any treasure trove. The Circular which was issued some time ago was intended to instruct the finders of any treasures how to communicate with the Crown on the subject.* That Circular was sub- sequently withdrawn because it laid claim to antiquities which were not exactly treasures and did not belong to the Crown, and because it di- rected a reference to the wrong tribunal in cases of dispute. The draught of another circular was prepared j but so many difficulties beset the subject that it was not deemed advisable to issue it. If occasion should arise for a new order it would of course be made, but there appeared to be no necessity for one at present. Sometimes, the right to the property is confirmed by the special conditions of the holding of the property whereon it is found. Thus, at the above date, Lord Palmerston related in Parliament that about two years ago some workmen, when digging a drain on one of his farms, found a gold torque, which his Lordship pur- chased of the man who discovered it, the value being about 3c/. Lord Palmerston, however, had an investigation made of the original grant of the farm several centuries ago, and ascertained that it conferred on the grantee all the treasure-trove on the pro- perty ; wherefore his Lordship felt entitled to keep the relic in question. In January, 1863, eleven pounds' weight of ancient gold orna- ments were ploughed up in the neighbourhood of Hastings, and * This Treasury Minute of July 16, 1861, directs that the superin- tendents and inspectors of police shall be authorized to receive treasure- trove from the finders, and shall transmit it to the Solicitor of the Trea- sury, who will ascertain at the Mint the real intrinsic or metallic value of the treasure, and the amount will then be remitted to the finder. Cases will no doubt occur in which rare and valuable coins will be disposed of at a higher price than their bullion value, but they will then find their way into some collection, either public or private, and will not be melted down. It should be generally known that treasure-trove is not claimed peremp- torily by the Crown, nor is there any occasion for the finder to sell it to the nearest silversmith under the apprehension that it would have to be given up without compensation. 128 KNOWLEDGE FOR THE TIME. were sold as old brass, to a man who had been a Californian gold- digger, and recognised the metal as solid gold. He was taken into custody, but discharged, the magistrates having no jurisdiction in the matter, the power of making such an investigation being vested, according to an old statute, (4th Edward I.) in the coroner ; the jury returning a verdict that the gold, (value about s^o/.) the owner or owners not being known, was the property of the Queen, and that the persons accused had concealed the finding from the Queen and the coroner.' This discovery of gold orna- ments, and their almost total destruction, render it desirable that the law of Treasure-trove should be made clear to popular com- prehension : that if it is not just, as seems to be the common impression, it should be amended, and the practice of the Crown, in exercising its conventional rights, defined. At any rate, so long as finders do not know that they will receive full value for dis- coveries, and have not confidence in their appraisement, it is in vain to expect country-folk wiU yield Treasure-trove to an authority they contemn. In some parts a belief is held that such discoveries entail condign punishment upon the finders : it was formerly a capital offence ; it is now a misdemeanour, punishable by fine and imprisonment. It is difficult to make the peasantry comprehend manorial rights. A man who finds a treasure in his own ground, and that treasure one which can have no living owner, naturally looks on himself as its rightful possessor. He has probably never heard of King Edward's law of Treasure-trove, and a natural sense of justice does not guide him rightly in the matter. If a liberal reward were given nearly the metal value of the trouvaille it is quite possible that we might have become possessed of many precious relics which now are broken up and consigned to the melting-pot. In France, the right is more practically understood. Thus, in July, 1863, a pot of louis-d'ors was found in the Rue Lafayette, in Paris, when the following adjustment was made. One of the labourers while at work, struck his pick on to an earthen jar, which broke, and out of which rolled several pieces of gold. The other workmen hearing the sound, rushed round the spot, probably to ob- tain a share of the treasure, when the latter cried out " Stop ! Form a ring around me, and then let no one move." The others obeyed. He then quietly picked up the pieces of gold, which he placed in his hat, and, taking up the broken jar which contained the remainder, he stood in the midst of the circle, and said, " Now call a sergent-de-ville to accompany me to the nearest police-office, where I will deposit the money." This was done, and the prize was found to consist of 978 gold louis-d'or of twenty-four livres each, bearing the effigies of Louis XV. and XVI., the whole amount- ing to more than a.-^ooof. The whole was forwarded to the Prefecture of Police, where it was to remain during the inquiry to discover the legitimate CHANGES IN LAWS. 129 owners of the property. It is only after that has been done that the share, attributed by law to the finder of a treasure, will be paid to the lucky workman. Principal and Agent. There is a well-known case involving this point, in which the late Lord Abinger differed from the rest of the Court of Exchequer: a plaintiff had employed an agent to let a house for him, and the defendant asked the agent " if there was any objection to the house;" to which the agent in perfect good faith answered, there was not. It turned out, however, that the adjoining pre- mises were of a disreputable character, of which the plaintiff was aware, although his agent was not. The defendant, on the dis- covery of the objection, refused to fulfil his written contract to take the house ; and the question was, whether he was liable for a breach of the agreement. Lord Abinger thought he was not, but the rest of the Court thought he was, and so judgment was given for the plaintiff. Upon merely technical grounds, perhaps, the majority of the learned Barons were right ; but no one can read the masterly opinion of Lord Abinger without feeling that the law ought to be as he laid it down, and on the broad and simple ground that in such a case the knowledge of the principal should be held to be the knowledge of the agent. Legal Hints. Although no book ever was or ever can be written to enable a man to dispense with the assistance of a lawyer in cases where a knowledge of the law is practically required, attention to certain hints may save him from many a scrape. Of this kind are the following from Lord St. Leonards's Handy-Book: You should be cautious whom you employ as an auctioneer, for any loss by his insolvency would fall upon you ; he is your agent. We may add, however, that he is the agent of both parties, buyer and seller ; and for that reason his signature satisfies the Statute of Frauds, and binds both. Again, you may employ one person to bid tor you at an auction when you sell property, to prevent its going beneath its value ; but you must not employ more than one, for that would be. considered unfair puffing. Never bid for a lease- hold estate clogged with the condition that the production of a receipt for the last half-year's rent shall be accepted as proof that all the lessee's covenants were performed up to that period ; for there may have been a prior breach of covenant, and the landlord may not have waived his right of entry for the forfeiture. Do not take possession of an estate until objections to the title are K 330 KNOWLEDGE FOR THE TIME. removed, for such a step would in some cases be held to be an acceptance of the title. Before you enter an auction-room make up your mind as to price, and do not be led away by the per- suasions of the auctioneer, who is the agent of the seller, or the biddings of others. Do not sign a contract tendered to you by the auctioneer, unless a reciprocal contract is signed and delivered to you at the same time by him. In writing about the sale or purchase of an estate, you should always cautiously declare your oner not to be final, lest the other party should, by accepting the terms you mention in your letter, not intending them to be final, entrap you into a binding contract. Mind your fire insurances. Very few policies against fire, says Lord St. Leonards, are so framed as to render the company legally liable. If you have added an Arnot's stove, or made any other important change in your mode of heating your house since your policy, you should call upon the Company to admit the validity of your policy by an endorsement on it. Vitiating a Sale. It is rather startling to hear an ex-Lord Chancellor saying, " Thus I have told you what truths you must disclose. I shall now tell you what falsehoods you may utter in regard to your estate." Of course it is not meant that morally any falsehood may be told, but only that there are some which do not, at Law or in Equity, vitiate the contract of sale. And it is curious to see the distinctions taken in these falsehoods. They remind us of the difference in Roman Catholic theology between venial and mortal sins. Thus, you may falsely praise, that is, puff, your property. You may describe it as uncommonly rich water- meadow, although it is imperfectly watered'. In selling an advowson you may falsely state that an avoidance of the living is likely to occur soon. You may say, as a mere puff, that your house is fit for a respectable family ; but you may not say, in answer to inquiries, contrary to the fact, that the house is not damp. And you must disclose a right of sporting or of common over your estate, or a right to dig mines under it. The reason of such distinctions as given by the law