ePub 版

Dir and six are pronounced dize quires no proof. My object, thereand size.

fore, bas been to ascertain the laws In these examples we have suffi- by which their mutations have been cient evidence to support our canon, governed. that S, Z, and X were, and, in fact, These kindred dialects, derived from are, considered as equivalent. one common source, not only throw

This, together with the ninth canon, light upon each other, but assist us will enable us not only to understand to trace the most abbreviated comthe common rules for the formation pounds, through all their mutations of plurals, but to comprehend the to the original and parental stock. nature of a peculiarity in some French Abri has been commonly derived verbs, and to discern their close af- from apricus, with wbich it has no finity to corresponding verbs in Latin. affinity, the former being sheltered,

Thus, for instance, ihe first person the latter exposed. Menage has, singular of the indicative mood pre- therefore, with some probability, sent tense should terminate in S; but conjectured that it may be allied to veux and vaur terminate in X. arbor and arboreus. This, in Italian,

Again, although these verbs must is albero and albericus, which, by abbe derived froni volo and valeo, be- breviation, may yield albricus and cause their infinitives are vouloir and alri. Certain it is that, in Spanish, valoir, yet veux and vaux seem to abrigo and abrigar mean to shelter, want the L. This, therefore, has not to expose. been changed to U, precisely as we Should we confine our researches have seen in valles, vaur, and falsus, to French aud Latin, we should never faur.

be able to connect aider to juvo. But, By the application of these two ca- when assisted by the ed and by the nons, the 14th and the 9th, we may, 8th canon, we observe ayudar in in like manner, delect the affinity Spanish, and ajudar in Portuguese, between je peur and polleo ; which we readily discern the affinity between again, by the third canon, may be al- these verbs with adjutus the participle lied to valeo.

of adjuvare, and in this detect ibe 15th, It assumes an aspirate in radical part of the expression, which hair, ndire; haut, altus; huile, oleum, is wanting in the French.

The origin of gasto, the cost in

Spanish, would have been buried in 16th, It prefixes B in blesser and obscurity, had it not been for couter bruit, &c. 'from læsus and rugilus, in French, and costare in Italian, &c.

wbich lead directly to constare, from I have referred the reader to such which, when we have removed the examples as have been preserved by preposition, we shall have sto stare the Abbé de la Pluche,and in the trans- for the root. lation of the Psalms in the eleventh In comer, gear, por, ver, vir, voar, century; but, in addition to these, I of the Portuguese, were it not for the shall communicate a few others not assistance of the kindred dialects, who Jess interesting.

would expect to find co:nedere, gelure, The examples already adduced in ponere, venire, videre, votare? In support of our canons are numerous. numerous verbs of the French, SpaThey might have been abundantly nish, and Portuguese, every thing increased; but, were we in possession radical, every part essential to the of the colloquial and provincial lan- original expression, is senioved, and guage of the Romans, they might, I nothing remains but that which is doubt not, have been extremely mul- adventitious, that which they acquired tiplied. Besides, many expressions, in their passage from one generation once classical, have become obsolete to another, either for the sake of and perished; for, in Latin, we have euphony or to modify the notion, had 'no Hesychius to preserve them nothing but that which is merely from oblivion.

accidental. It is universally understood, that I have, in my four last essays, exItalian, Spanish, Portuguese, and bibited a key to the principal lan. French originate in Latin. This re- guages of Europe; and should any


Latin scholar be disposed to study the abuses for fear of consequences.--laws, by which their mutations have What reason have we to entertain beeu governed, he will learn them any gloomy apprehensions for doing with facility. Had I possessed such what is legal and right, if there is assistance sone fifty years ago, I should nothing to fear in doing what may be have both saved much time and deemed illegal and wrong? It is only escaped much perplexity:

the guilty who tremble as the shaking To facilitate the acquisition of these of a leaf'; while those, who are conlanguages, as well as to point out the scious of good intentions, hear the nature and extent of those mutations thunder rattle at a distance without to which all languages are subject, I any tremor. have brought forward numerous ca- The best method of appeasing such nous, and I will venture to say, that, alarming fears will be to prevent, in if these shall be well impre-sed upon future, the cause of them, by frethe mind, no one, who is conversant quently recurring to first principles, with Ronian literature, will find any and at short intervals to review and difficulty in acquiring all the languages expunge all errors and encroachments of Europe, more especially French, made, either by the governors or goItalian, Spanish, and Portuguese, be- verned, in any law, prerogative, or tanse, with the exception of these privilege, in any department, either licentious changes which I have no. in church or state. This wonld be ticed, they are, for the most part, the means of forming a strong barrier plainly and distinctly Latin.

against the pressure of interesied men, ever watchful and ready to take any

advantage where vigilance sleeps.The Necessily for reading the CHAR- Our rude and unlettered ancestors TER of Liberties in Churches, acted with more wisciom, atter they Chapels, and the Courts of Law, as had obtained a system of laws for the directed by Statute; and for fre government of a free people; they quently examining if any Encroach- endeavoured, with zeal and energy inents are made, lo prevent Disputes to render it permanent by every meabout Rights and Privileges in thod they could devise. Experience future.

had taught them how difficult it nation of the records of passed against the grasping hand of power; ages, frequently discover to inquisitive and they were as vigilant as their sucpersons the sinister methods which cessors have been negligent in prehave been practised by designing men, serving those rights which they had in different periods of our history, to with such difficalty obtained. They increase their power, by encroaching united the utmost efforts of human on the rights' and the liberties of policy and religious obligation to others. The anpals of most nations establish the law of the land against will shew us, that it has been by the the attacks of the most determined crafty designs of such persons that opposers. They threatened to exinnovations have been suffered to sub- communicate and anathematise, with vert the best systems of government bell, book, and candle, every one that have been formed by the art of who endeavoured to evade and annul man.

any article contained in their charter Encroaching innovations, like nox- of liberties. ious plants in a fruitful soil, soon take deep root, and rapidly spread their

The Anathema. laxuriant branches, where there is a " By the authority of Almighty God, total inattention to the checking them Father, Son, and Holy Ghost, and St. at their first appearance. If time be Mary, mother of our blessed Lord, saffered to sanction an error in belief, and St. Michael the archangel, and or to countenance an encroachment St. Peter the prince of the apostles, on the liberties or the laws established and St. Nicholas, and St. Augustine, in any nation, the trumpet of alarm and all saints ; let the man be excom5 immediately sounded from all quar- municated and damned, and separated ters, to guard against correcting any from entering into holy church, and 96 Necessity for reading the Charter of Liberties in Churches, &c. (AUGUST from the fraternity of God's elect; the records of passed ages,, for they moreover, let them have their punish- once elected their own magistrates ment with Judas, our Lord's disciple, from among themselves; but now, and with them who said to our Lord, by custom and statute, they are apDepart from us, we will not bare poinied by ihe crown. The sheriffs, the knowledge of thy ways. Except who summon the juries, were, like they be converted, and betake them- the coroners, selected by the people; selves to satisfaction, let them be ac- but now the crown has the nominacursed, eating and drinking, walking tion of them. By the militia laws, and sitting, speaking and holding their they are deprived of choosing their peace, waking and sleeping, rowing own officers, if called upon to face and riding, laughing and weeping, in the king's enemies in the field.house and in field, on water and on Though justice is reither to be deJand, and in all places, cursed be their layed nor denied to any one, yet, in head and their thighs, their eyes and many petty jurisdictions, the law has their ears, their tongue and their lips, been disregarded, and the supposed their teeth and their throat, their offender has suffered a long and a shoulders and their breasts, their feet rigorous confinement before trial. and their legs. Let them remain ac

Time has shewn us how the charcursed from the bottom of the feet ter of liberties was trampled on by to the crotvn of the head, unless they our “ heaven-born minister," in combethink themselves and come to sa- mitting and detaining persons in a tisfaction; and just as this candle is prison which was not under the shedeprived of its present light, so let riff's jurisdiction; and, by suspending them be deprived of their soals in the habeas-corpus, he prevented the bell

complainants from seeking justice Then the barons and great men year after year. We may cease to boast threw out of their bands the extin. of the Lex Terræ, and the great charguished and smoking candles, and ter of liberties, if their power depends each one present said, "So let them upon the pleasure of any man, or body stink in hell who shall incur this sen- of men, ili the kingdom; for then the tence." The bells were then rung, common law may, at their wills, beand Henry the Third said, “ So may come a dead letter, though confirmed God help me, as I shall faithfully ob- by opwards of thirty acts of parliaserve all the articles of the charter of

ment. liberries, as I am a man, as I am a chrisiian, as I w0 a knight, and as I

We are told by some of the old am an anointed crown king.".

schoni, that no precedent can prevail Without running into such super- against an express statute, unless the stitious ceremonies as our ancestors origin of the precedent be within adopted, we can use legal means for legal memory, or within the first year perpetuating a remembrance of their of the reign of the bartering Richard rights and liberties, which bave long the First. been neglected and disregarded by ils. As a privilege is an exemption To atone for any such neglect in not from some known custom or law spreading a knowledge of the laws given to certain persons to promote aniong the great body of the people, some public good, it must have been we should apply to the legislature for either the custom or the law which a statute to enforce the reading of the gave the privilege, and of course decharter of liberties four times in a fined it, otherwise it could not have year in all parish churches and cha- been known: In the laws of Ethelpels throughout the kingdom, as it bert it is said, “If the king call an may be the mean's of teaching them assembly of his people, and any dato respect and reverence those laws mage bé done to them there, let it be which have hitherto secured to them repaid twofold, and fifty shillings be personal liberty

paid to the king.”. This privilege was It was by inattention and indiffer- given to the great barons of the realm, ence that time introduced innovations to protect them from personal assaults and encroachments on the civil rights when they were summoned by the of the people. This is evident from king to attend at the council of the

nation. But, as it was only the bi- self in the King's-Bench within a shops, the abbots, the earls, and those quarter of a year after the proclamawho held of the king in chief, who tion made; and if he do not, the said were summoned to attend at the John shall be attain.ted of the same Witenagemot of the Saxons, we must deed, and pay to the party aggrieved search in the Norman race for the his double damages, to be taxed by origin of the privilege of the British the discretion of the judges of the said parliament. The House of Commons Bench for the time being, or by an certainly did not exist with the same inquest if need be; 'and, also, he shall power it has at present, till many make fine and ransom at the king's years after the law of the land was will. Moreover, it is accorded in the confirmed by charter.

same parliament, that likewise it be In the fifty-second year of the reign done in time to come in like cases." of Henry the Third, chapter the 5th, In 11 Henry VI.c.11, it is said, “ The the charter of liberties was recon- king, willing to providetor the ease and firmed in most of its articles; but tranquillity of them who come to the there was no separate House of Com- parliaments and councils of the king mons to assenible at that period of by his commandment, hath ordained our bistory. The Earl of Leicester, and stablished, That if any assault or in Henry the Third's reign, summon- affray be made to any lord spiritual or ed the citizens and the burgesses to temporal, knight of the shire, citizen, parliament, to answer his interested or burgess, come to the parliament, purposes, and to make himself popu- or to other council of the king, by his lar; but it may be questioned when commandnient, and there being and they were summoned again, or when atteuling at the parliament or counthey met in a separate body, or had cil, that then proclamation shall be any controul over the public purse as made in the most open place of the they have at present. Whenever the town by three several day's where the Commons tirst met in a separate assault or affray shall be made; that house, for framing of laws jointly the party that made such affray or with the king and the lords, and for assault yield himself before the king transacting other acts of a legislative in his Bench within a quarter of a body, they could not have had any year after the proclamation made, if more privilege than the great and mi- it be in the time of the term, or othernor barons had enjoyed before them; wise at the sexi day in the time of and where the historian is silent, we the term following the said quarter ; must remain ignorant of the proceed- and if he do not, that he be attainted ings of our ancestors.

of the said deed, and pay to the party Perhaps the first privilege the mem- aggrieved the double damages, to be bers of ihe House of Commons bad taxed by the discretion of the justices conferred on them was confirmed by of the same Bench for the time statute, in the fitih year of the reign being, or by inquest, if it be needful, of Henry the Fourth, chapter the oth, and make fine and ransom at the to prevent an assault upon any ser- king's will; and if he come, and be vant of any knight in parliament. It found guilty by inquest, by examinais there said, "That Richard Cheddar,' tion, or otherwise, of such affray or Esq. was going to the parliament with assault, then he shall pay to the party, Thomas Brook, knight, one of the so aggrieved his double damages found knights chosen in the same parlia- by the inquest, or to be taxed at the ment for the county of Somerset, and discretion of the said justices, and to a menial servant to the said Thomas make fine and ransom at the king's was horribly beaten, wounded, ble. will, as above is said.” mished, and maimed by one John In the preceding statutes we have Salage, otherwise Savage; it is or- the reason for the granting of the pridained and stablished, that, seeing vilege to the representatives of the the same horrid deed was done within people and their servants; it was to the time of the said parliament, that secure them a safe passage when they proclamation be made where the were going from their own homes to same horrible deed was done, that parliament, in obedience to the sumthe same John appear and yield him- mons of the king; and we shall find


that the law has been as careful of generally known, and easily checked, their characters as of their persons; for without so much litigation. But, as in the 2 Richard II. c. 5, it is said, we have neglected the prevention of ® Of devisers of false news, and of strife, it will be a wise step to provide horrible and false lies, of prelates, a remedy in future; and, if privilege dukes, earls, barons, and other nobles was never designed to render the law and great men of the realm, and also a dead letter, let it be defined and of the chancellor, treasurer, clerk of limited by statute. the privy seal, steward of the king's house, justices of the one Bench, or

A FINAL REJOINDER. of the other, and of other great offi

Sir, cers of the realm, of things which by the said prelates, lords, nobles

, and Y i have been pleased already done, nor thought, in great slander of my thoughts on the right use of two the said prelates, Jords, nobles, and of our consonants, and I will not officers, whereby debates and discords weary you further with literall, or might rise between the said Lords and syllabical, or verbal examples. That the Commons (whichGod forbid), and were only to repeat what has already whereof great peril and mischief might been advanced. Between Philo and come to all the realm, and quick sub- myself, the question stands nearly as version and destruction of the said follows. He says, I quote the exceprealm, if due remedy be not provided : tions and not the rule. Just so he it is strictly defended, upon grievous quotes an historian recently departed, pain, for to eschew the said damages who is one of the few exceptions for and perils, that from henceforth none more than half a century past to the be so hardy to devise, speak, or to practice I contend for, but who, he tell any false news, lies, or any such says, chose rather to lead than to folfalse things, of prelates, lords, and low the multitude. But do the mulothers aforesaid, whereof discord or

titude follow him in this particular? any slander might rise within the Certainly not. I cited au ancient realm; and he that doeth the same

critic in favour of that great arbiter, shall incur and have the pain another Use, a critic who has led and has been time ordained thereof by the statute of followed by multitudes for a series of the first year of the above reign, which ages. Philo, for one, is determined will, that he be taken and imprisoned to follow his historian, and will find till he have found him of whom the himself singular. In a word, he word was moved."

thinks one way--I think another : he There is no authority given in this rests upon collateral, adminicular, statute for the person libelled to be and what he calls adjutory proof-Í his own judge, either of the crime or accompanied my opinion witli reasons of the punishment; and it is not half which were direct and home. a century since the House of Com

I remain, mons resolved, that privilege does not

Your humble servant, extend to the case of writing and pub

LECTOR lishing seditious libels, nor ought to be allowed to obstruct the ordinary

REPUBLICATION OF course of the law. Lord Littleton

SCARCE TRACTS. was of the same opinion ; for he said, in a speech which he delivered in the

No. II. House of Lords,“ Privilege against Woman not inferior to Max. law, in matters of high concernment

CHAPTER IV. to the public, is oppression wherever Whether the Men are better qualified it exists." If the charter of confirmation of

lo govern than Wonen, or noi. the law of the land, and the privileges

(Continued from p.22.] of any descriptionef people. Hea beren

. IF you are doing through to blend and publicly read four times in a year, selves say, you are to take it for grantevery innovation would have been ed, that women are such senseless


« 上一頁繼續 »