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* in the best manner the law and cus-, string that oath, and demanding of " tom can give it, and do make this the people if they would have him to « protestation in the name of all be their King, a ceremony that con" those that will not be in your tinued till the reign of Edward VI. 6 fealty or allegiance for the future.” also to a very strong passage in St.
By this memorable act it is very Edward's laws, all which prove a plain that the law and custom did voluntary and reciprocal compact; hold a person acquitted of this obli- but I wish to shew that allegiance gation, when properly renounced : itself was such a compact, instead and breach of compact in one of the of being, as some would interpret it, parties, necessarily gave the other a blind and stupid bond of unlimitthis right of renunciation. Though ed and unconditional obedience. Rapin says that there was no prece- Allegiance in low latin Ligeancia, dent for this case, and supposes Sir Ligeitas, Ligiatio, Ligeia, LigiamenW. Trussel to have used a form of tum, and Ligium is, say the gloshis own, yet it is nevertheless true saries, derived from Ligatio, idest that in that age such renunciations Fædus rel pactum; words which devere commun at least upon the con- note both a covenant or coinpact tinent, where the great feudatories and the origin of a system, which, of the French crown always per-. till Lord Lyttleton's Life of Henry II. formed this ceremony before they was published, was considered by joined the English, for otherwise some people here to have been a systhey would have been considered as tem of absolute submission, without perjured.
any reciprocity in the obligation. The other instance is that of Ri. They understood it better on the conchard II. also deposed for breach of tinent. Ducange explains this comcompact, as is plainly proved by the - pact by the request that preceded it, articles of deposition, thirty-three in Domine, si vis, faciam stabilitatem innumber, on which Rapin says;—“At ter nos et ligationem firmissimam. 6 the same time commissioners were He also tells us that the oldest feudal “ appointed to give him notice of his writers as Cujacius, Vignerius, &c. “ deposition, and to annull the oaths give it the same interpretation as 16 and homage of the people of Eng- Leud, a word which from being first “ land, after much the same man- applied to the social bond or oath “ ner as in the case of Edward II." taken by our ancestors to be faithVol. II. p. 475.
· ful and true to each other, that is, You perceive, Sir, from these in- to the community or the people, stances that allegiance was a tie came afterwards to signify the peo'which might be dissolved by formal ple as well as fidelity; his words are Tenunciation; not as many people Volunt (that is Cajacius 8c.) esse conceive it to be, an obligation un- ejusdem originis qua Leudis,ad Leodis der which the subject is born, and id est fidelis, quemadmodum ex Leodfrom which he cannot hy any means ium urbe nota in Eburonibus liege diemancipate himself.
cimus. It is very true that both • Another false construction which Liege in Germany and Leeds in Eng. has been made respecting this insti- land are derived from Leud or Leod, tution is that it binds on one side the faithful or the community; and only, leaving the other party free. thus Dr. Johnson in his Dictionary I might refer to the coronation vath has retained the word Leod, a country above quoted, and to another well or nation. But Boullainvillers, that hrown ceremony of exposing the learned antiquary, in his account person of the King on the four sides of the Franks, gives the clearest ac of the scaffold previous to admini- count of the origin of this institu
tion; describing these ancient con- « Guf bituene twie leudmen were eni querors of Gaul, he says, “ they
“ Other bituene a leud and a clerc for " were all reciprocally faithful com- .
. [holi chirch-thing."* spanions or leudes to one another;" I might also advance the autho" for," he adds, “ this word in latin
rity of some of our oldest lawyers, " is expressed by the term fidelis. " Ils etoient tous reciproquement leudes
who speaking of allegiance use these " ou fidelles compagnons, car ce mot
words, “ Liegentia est duplex," but I
conceive I have said enough to prove " traduit en latin s'exprimoit par le that this social bond, was held ori. "terme fidelis.” And in another part of his History de la Monarchie Fran
gipally among our ancestors to be a coise, he says, “ that the King swore it
reciprocal tie as in reason and jus
ore it ought to be; and although in the "to be leudes or fidelis to the nation, der
1: dark and ignorant ages preceding the " and the people swore to be the restoration of letters, thís obligation "same to him.” Thus they became from the nature of those times and reciprocally leudes, and thus the so- the abuses which had perverted all ciety itself was called a leud or leod. * It therefore rests not merely on the sidered by many princes, and parti
our primitive institutions, was conauthority of Ducange's Glossary, a cularly those of the house of Tudor, work of such astonishing literature as
as binding on the people only, yet as to have excited the admiration of its
” its nature became again properly all nations'; but also on the autho- 11
understood under the house of Stuart rity of the old feudal writers and antiquarians, supported by popular and the freedom and energy which
by means of the revival of letters, names and idioms, that allegiance the public mind derived from the rewas originally a promise of fidelity formation, so that the expulsion of reciprocally undertaken by both the
that house became at last the final prince and people. And hence it is
S seal and confirmation of this twothat according to our ancient con- fold duty. Allegiance, therefore, at stitution (though the practice was not maintained in subsequent times)
present may be defined to be, a reit is directed, I mean by the laws of
ciprocal obligation in both prince Saint Edward, that the prince shall
and people to be true and faithful first swear to the people before the the compact between them, as re
to each other in the maintainance of people shall swear to him." Istane
a newed at the Revolution, and formal"vero debet omnia Rex in propria ly expressed by the act called the
persona coram Regno et Sacerdo; bill of rights. Now, Sir, one of the "tis et Clero jura re, antequam ab "Archiepiscopis et Episcopis Regni
conditions expressed in the bill of .
rights is “ that the election of mem" Coronet ur.” c. 17. It deserves als " so to be noted, that the very word 6 to be free."
“bers to serve in parliament ought
I am &c. Leud itself was formerly an English
TIMOTHY TRUEMAN. word, and has been used by our June 17... oldest poets to signify one of the people in contradistinction to an ec- * I have never seen Robert of Gloce. clesiastic, who was not one of the, ster's Historical Poem: these lines are people; thus Chaucer,
quoted from Mr. Selden's Tracts, who "No wonder is a leude man to rust has given us large quotations together "If a priest be foule on whom we with high commendations upon it; he
t rust." does not say at what time this poet lived, And the historical poet Robert of but says, Chaucer must yield to our Glocester, a still more ancient au, elder Glocester muse. thority, says
ON SIR FRANCIS BURDETT'S I should not choose to sacrifice any PLAN OF REFORM. thing that I thought essential to the
public good; but I certainly conSir Francis Burdett having at ceive it more conducive to that end, length proposed his long intended to reform abusęs gradually, than by measure of reform, and by so doing suddenly starting from one extreme submitted it to be discussed by the to another, because the minds of men nation, I will take the liberty to give become more easily reconciled to you my opinion of it in a few words, great changes by gradual and gentle as few at least as the nature of the transition, than by presumptuous subject will admit.
violence; and because in all affairs The first objection to it, seems to in which the public are materially me, to be its wide deviation from interested, it is both prudent and the long established practice of the just to conciliate as many, and to constitution, for though it is con- offend as few as possible, consistently sistent with the theory, viz.-That with the great principles which are every free man should be repre- the basis of economy and reforma: sented, and that all elections should tion.-For these reasons had I been be free, yet these principles have in Sir Francis Burdett's place, I been so long departed from, that should not have proposed any thing before the minds of many men can so totally subversive of the present be brought to them, they must be system of representation, as to give led by slow and gentle degrees, and the right of voting to near five milpart with their prepossessions one lions of men, which is now not by one ; for as there yet remains a enjoyed by five hundred thousand very considerable party in the na: at the utmost;nor should I have tion who entertain unreasonable and proposed to change all at once the unjust suspicions of reform and re- political division of the nation from formers, great care should be used towns and counties to that of sub by those who are really honest and divisions of counties, because our intend well, not to off nd those who ancestors not choosing to confound are ignorant and unjustly alarmed : the landed and commercial interests let them remember the delicacy of of the country, without totally se St. Paul towards men of tender con- parating them, gave to each it's sciences, and as he referred every due weight, and left them to be each thing to the glory of God, let them particularly guarded and protected refer all to the good of the nation. by men specially qualified for eachi, I here quote and consider the Apos- and to be generally provided for by tle as an uninspired individual. - the whole representation:-and more “Let cvery man be fully persuaded over, disliking in all things the dull in his own mind. Let not your good and cheerless system of equality, as be evil spoken of. There is nothing contrary to the order of nature, and in itself unclean, but to him that incompatible with the happiness of esteemeth it unclean it is unclean. man, I should not have proposed Let us follow after the things that that each member should represent make for peace, and things whereby a certain and equal portion of popuwe edify one another.” (Rom. xiv. 19.) lation, but that the ancient division * If meat make my brother to offend of the nation into towns, cities and
I will eat no more meat while the counties should be preserved, only world standeth, least I make my bro- transferring the representation from ther to offend, 1 Cor. viii, 13.”- those places which having fallen into „And yet with all this regard for decay, have now hardly any poput tender consciences and weak minds, lation, to all towns containing abov
five thousand residents : for each the words “ their constitutional ducounty there should be two mem- ration," which was at first sometimes bers, and for Yorkshire two for each for a year, and sometimes for less, Riding; and as there are ranks and I should propose that we revert to degrees in all other things, so there the law of 6th of William and Mary, ought to be in the representation : which continued in force till repealed it is therefore more honourable to by the infamous septennial bill. represent a population of forty or The reasons why I have not thought fifty thousand, than one of five it right that mere money should give thousand; that honour ought not to a title to vote are these, money is be taken away by the levelling sys- but the representative of real protem of equality, or a mere county perty, and were that title admitted tepresentation. The great end of it would make voters too numerous popular election, is to provide for to vote in one place, for I dislike the independence of the house of the idea of voting by parishes, as commons, and though the present the utmost publicity is essential to number of electors is much too small the choice of a popular representation, in the whole, and in particular The resolutions of Sir F. Burdett placés, it seems to me that by the have been more fortunate than Mr. resolutions proposed to the house it Curwen's bill; they have not fallen would be too much increased, for into the hands of the ministers, for though every man who pays taxes though that bill never promised has theoretically a right to be repre- much good, it will now be producsented, it it not individual represen- tive of much evil, by making the tation that we want, but a represen- rotten boroughs a traffic for places, tation so chosen as to be indepen- if not for money, and thus throwing dent. The law of Henry VI, in- them all into the rapacious hands of tends every freeman of forty shillings the treasury ; — while they were a year to be represented, but such within the reach of the monied int freeholders were then much more terest, there was some probability of numerous than they are at present; their sending independent men of I should therefore propose that to fortune to parliament, but now they freeholders of ten pounds a year, be can send nothing but the tools of the added copyholders of inheritance, to aristocracy, or the tools of the that amount as the only persons qua- treasury. It is however, a matter lified to vote for a representative;,- of comparatively small moment to first, because ten pounds now are whom they belong; while the people not more than equal to two in the are deprived of their due share in the time of Henry VI.-Secondly, be- representation. Mr. Wardle has cause there is now little difference now shewn the nation what they between freeholders and copyholders, have to expect from a reform of parexcept that of the elective franchise; liament; he hasembodied that which and thirdly, because the right of was before vague and indeterminate, voting gained by any other of the and given it a practical tendency; methods now in use will leave it in 'he has put the matter in a tangible the hands of a venal, ignorant and shape, which may be seen, felt, and drunken populace. And whereas understood. I remain, &c. Sir F. Burdett has not expressed
W. BURDON. himself with sufficient clearness by Hartford near Morpeth, July 20,
FROM THE LONDON GAZETTES. Admiralty Office, Aug. 5. tually touching the enemy, when they Letters transmitted by Vice-Admiral boarded sword in hand, and carried all Sir J. Saumarez.
before them. Extract of the first Letter from Capt. I believe a more brilliant atchieve
Martin, "dated off Percola Point, ment does not grace the records of our July 6, 1809.
naval history: each officer was impaThe Implacable and Melpomene ha tient to be the leader in the attack, and ving stood into the Gulph of Narva, each man zealous to emulate their noble captured nine sail of vessels, laden with example, and the most complete success timber, spars, and cordage, belonging has been the consequence of such deterto the Emperor of Russia, and which I mined bravery; of eight gun-boats, each doubt not will prove a valuable acquisi- mounting a 32, and 24-pounder, and tion to our own dock yards. The boats 46 men, six have been brought out, and of the ships, under that active and va- one sunk; aud the whole of the ships luable officer Lieutenant Hawkey (of and vessels (12 in number), under their whose enterprizing spirit I had occasion protection, laden with powder and proto speak so highly when off Dantzig), visions for the Russian army, brought have looked into every creek along the out, and a large armed ship taken and south coast of the Gulph, without find burnt; I have deeply to lament the loss ing any vessels whatever, and he is now of many men killed and wounded, and on the opposite with the same view. especially that most valuable officer
P.S. Since writing the above, Lieut. Lieut. Hawkey, who after taking one Hawkey has returned with three vessels gun-boat, was killed by a grape-shot, in captured by the boats of the Implacable, the act of boarding the second. No Melpomene, and Prometheus, under his praise from my pen can do adequate command, and he reports eight sail of justice to this lamented young man; as gun-boats protecting some ships in shore, an officer, he was active, correct, and and is very desirous of attacking them, zealous, to the highest degree; the leadwhich shall be done if there is a reason- er in every kind of enterprize, and reable hope of success.
gardless of danger; he delighted in what Implacable, July 8. ever could tend to promote the glory of SIR, The position taken by the Rus- his country; his last words were, Huzz sian flotilla under Percola Point, seem “ za! push on ! England for ever!” ed so much like a defiance, that I con- Mr. Hawkey had been away in the sidered something was necessary to be boats on different services since last done, in order to impress these strangers Monday, accompanied by Lieut. Vernon, with that sense of respect and fear, whose conduct in this affair has been which his Majesty's other enemies are highly examplary, and shewn him wor accustomed to shew to the British flag, thy to be the companion of so heroic a I therefore determined to gratify the anx man; but while I am induced to menious wish of Lieut. Hawkey to lead the tion the name of Mr, Vernon, from his boats of the ships named in the margin,* constant services with Mr. Hawkey, I which were assembled by nine o'clock feel that every officer, seaman, and ma last night, and proceeded with an irre- rine, has a claim to my warmest praises, sistible zeal and intrepidity towards the and will, I trust, obtain your favourable enemy, who had the adyantage of local recommendation to the lords commisknowledge to take a position of extraor- sioners of the admiralty. Lieut. Charles dinary strength within two rocks, serv- Allen of the Bellerophon was the senior ing as a cover to their wings, and from officer after Mr. Hawkey's death. whence they could pour a destructive I have just been informed, thạt Lieut, fire of grape upon our boats, which not- Stirling of the Prometheus, who was se withstanding, advanced with perfect verely wounded, is since dead; his concoolness, and never fired a gun till ac- duct in this affair was very conspicuous,
and Capt. Forrest speaks highly in praise * Implacable, Bellerophon, Melpo- of the zeal and activity of his services mene, apd Prometheus.
on every occasion, I am sure you will