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342

REVIEW.-Nicolas' Synopsis of the Peerage.

SCUTAGIIS ASSIDENDIS. Scutage was a tax by way of commutation for personal service in the wars, but the aid levied on the Burgesses was not of this kind, because they were not tenants in capite.

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SINGILLATIM PER LITERAS NOSTRAS. Mr. Nicolas informs us, page xviii. that "Barons by tenure were not deemed entitled ex debito justitiæ to a Writ of Summons to Parliament." Now, as we understand the passage, singillatim per literas nostras, it implies a complaint, that the members of the Upper House, by tenure, or de jure, as they thought, were not all summoned, instead of a particular number selected by the King; for unless this be the meaning, viz. to prevent packing a Parliament on the part of the King, we can conceive no reasonable ground for the existence of any complaint at all. It may be, that as Mr. Nicolas says, the King denied the right of sitting in Parliament to all the Nobles not summoned by himself, by the "literæ nostræ singillatim, but we are told in an excellent compendious account of seats in Parliament by tenure of Barony [printed in the "Biographia Britannica, vol. II. 2d Edit. p. 69, note*] that "in ancient times, that is before 48 Hen. III. upon the King's calling a Parliament, all who had a right to sit therein, cume of their own accord, i.e. WITHOUT SUMMONS ;" and in our opinion it was, we repeat, an encroachment of the Prerogative (in limiting seats in Parliament to persons summoned) upon the ancient privilege of the greater Barons which gave birth to the passage in Magna Charta. In the same note of the Biographia, it is added, "at that time, [48 Hen. III. anno 1263,] the King having made his peace with Simon de Montfort, it was agreed, that SUCH OF THE BARONS ONLY SHOULD RESORT TO PARLIAMENT AS THE KING SUMMONED. By this means came in the second sort of Barons, who are from thence stiled Barons by Writ. But of these, there have been distinguished two kinds, viz. Barons BY WRIT and TENURE, and by WRIT ONLY, for the King might, if he pleased, summon others, as well as Barons, to Parliament; but this did not

We quote this, because we cannot go at length into the subject.

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give their posterity, or indeed themselves, a right to sit in Parliament, independently of the summons from the crown," to confer which independent right, (in part at least, as we understand it) was the object of Creation by Patent. Now Mr. Nicolas says, page xlii. that the preceding statement about the non-descent of such Baronies is fallacious, and “that a Writ of Summons to Parliament, attended by a sitting in Parliament, under such writ, constituted a Barony in fee, descendable to the heirs general of the persons so summoned to and sitting in Parliament."

That all this may be law from the time of Edw. I. we willingly admit, but we do not think that it was so in the time of King John; but that, on the contrary, the Barons by tenure did conceive themselves entitled, de jure, to a writ of summons to Parliament; and that to the withholding such writ on the part of the King, the passage quoted from Magna Charta alludes. Nevertheless, we admit, that there is a view of the subject favourable to the position of Mr. Nicolas, viz. that the complainant Barons by tenure might demand the writ, in order to secure the hereditary descent in their families; but, in our judgment, this was not their meaning; for then the concession granted in Magna Charta would · have been a novel extortion, not a renovation of an old privilege, and we have always understood the Charter to refer to a confirmation of ancient liberties.

We now advance to the passage, which we think intimates the distinct existence of a House of Commons. "Et preterea faciemus submoneri in generali per VICECOMITES et BALLIvos NOSTROS OMNES ALIOS, QUI IN CAPITE TENENT DE NOBIS, AD CERTUM DIEM, SCILICET ad TERMINUM QUARDRAGINTA DIERUM ad minus et ad CERTUM LOCUM, in omnibus literis submonitionis illius, CAUSAM SUBMONITIONIS ILLIUS EXPONENTES, et sic factâ submonitione, negotium procedat ad DIEM ASSIGNATUM, secundum consilium eorum qui præsentes fuerint, quamvis non omnes submoniti venerint;" i. e. and besides, we will cause to be summoned in general BY OUR SHERIFFS AND BAIL

LIFFS, ALL OTHERS WHO HOLD IN CAPITE OF US, AT A FIXED DAY, viz. at the term of FORTY DAYS at LEAST, and

1825.]

REVIEW.-Nicolas' Synopsis of the Peerage.

and at A FIXED PLACE, in all the letters of that summons, EXPLAINING THE CAUSE OF THAT SUMMONS; and

THE SUMMONS HAVING BEEN THUS

the

MADE, the businesss may proceed at
the day assigned, according to the coun-
sil of those present, although not all
attend."
persons summoned may
Now it is a rule in law, in judging
of questions relating to corporate bo-
dies, that where the charter does not
specify particular modes of conduct,
the ancient practice is to be the stand-
ard. We shall, according to this rule,
show how the preceding description
applies to the present House of Com-

mons.

FACIEMUS SUBMONERI IN GENERALI PER VICE-COMITES ET BALLIVOS NOSTROS. The writs for the election of the Members of the House of Commons, are addressed to the Sheriffs of Counties, and Mayors, &c. of Towns.

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denominated; and there being then no representation, the Members of the House of Commons might be, and we think were, the Barones of the Chroniclers, i. e. the Minores or inferior tenants in capite, who certainly formed a distinct body of the Parliament from the Barones Majores. AD CERTUM DIEM, SCILICET AD TERMINUM QUADRAGINTA DIERUM. This, we know, is the present form of proroguing from forty days at the expiration of one session, to forty days before the commencement of another, viz. eighty days in the whole.

AD CERTUM LOCUM, &c. This is always named, and "then and there to meet on divers weighty and important business," or some such formula,

Our conclusion then is this; that the Upper House consisted, by right, of all the Majores Barones, who held of the King in capite, a certain ample extent of territory *; but that the said OMNES ALIOS QUI TENENT DE NO- right was limited by the King to perBIS IN CAPITE. The OMNES ALIOS sons whom he thought proper to sumimply men totally distinct from the mon to Parliament; and that the Lower Peers. It is known that in the reign House consisted of the inferior tenants of Edw. I. deputation was substituted in capite (Spelman's Barones Capitafor this general assemblage. It is plain, les minores) who are not distinguished however, that these all others could in the Chronicles, because they were not imply the Members of the Upper classed under the vague appellation of House, included in the preceding pa- Barones. For the first of these inferragraph. The difficulty of distinction ences, we have adduced the authority seems to lie here, viz. in the confu- of Magna Charta, which plainly mension of the Chroniclers, who make tions two distinct houses, of superior only one house of the whole Parlia- and inferior tenants in capite; and for ment, and do not go to any lower the second, the Council of Clarendon rank than Barones; but it is well- and the laws of Henry I. which denoknown that the word Baro, (unde minate all the tenants in capite, BaCourt Baron) did apply to TENANTS rones. To us, therefore, nothing apIN CAPITE; for in the Council of Clapears new in the constitution of Parrendon, held Anno 1164, are these liament, except the substitution of Dewords: "Archiepiscopi, Episcopi, et puties for the Tenants in capite en UNIVERSE PERSONE REGNI, QUI DE masse. The Kings knowing what inREGE TENENT IN CAPITE, habeant tractable subjects men are when moPOSSESSIONES SUAS, sicut BARONIAM; ney is to be extorted from them, of et inde respondeant Justitiariis et mi- course wished to have only friends in nistris Regis; et SICUT CETERI BARO- Parliament; but that they could not NES debent interesse judiciis curiæ Re- and did not dare to limit the members gis, CUM BARONIBUS; and besides this to such a scale, is evident from Matextract, we quote from the laws of Hen. thew Paris, under the reign of Hen. I. the following passage and comment III. when the King found them only of the learned Spelman, "Procerum not treasonable and rebellious beappellatione computari videntur, om- fore civil war ensued; but as Robertnes Maneriorum domini. Nam in Epi- son justly says, that unsuccessful ingraphe, cap. 26. Legum suarum, Pro-surrections only strengthen the party ceris vocat eosdem mox in Capite Ba- dominant, we doubt not but that the rones socham suam habentes exponit. curtailments by Edw. I. of the Upper (Spelm. v. Baro.) From hence it is evident, that all the tenants in capite were accounted Barons, and also so

* Called xiii knights' fees, honores, 400 marks, &c. House,

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REVIEW.-Milton's Treatise on Christian Doctrine.

House, by limitation to writs of Summons, and the alteration of the tenants in capite to representation in the Lower House, had all the same object, viz. tractable Parliaments. As to there being no writs of Summons prior to the 49 Hen. III. we think that they may have been previously destroyed, in order that there should be no existing record, obliging the King to summon malcontents to Parliament, and prevent his so modelling that body in future, that he might find it docile. Mr. Nicolas will, we trust, clearly understand us, namely, that we are speaking of Parliament prior to the 49 Hen. III.; for of its law and history subsequent to that period, the dissertations of Mr. Nicolas are precise and convincing, and he does not go back into earlier dates. In that respect he has more wisely, perhaps, declined the temerity in which we have indulged, but which we think is fairly justified, at least in a presumptive view, by the authentic testimony of Magna Charta, and the concurrent opinion of Spelman. However, we have acted in the most open manner. We have laid the passages at length before our readers, and our object required no further research, it being chiefly intended to prove the identity of the present House of Commons with that of "olden time," except in the single change of Representatives for inferior tenants in capite, and, in the Witenagemot, for lower Thanes.

We could dwell longer with sincere pleasure upon this useful work of Mr. Nicolas, which supplies many desiderata, and clears up many difficulties. In short, it is an elaborate and excellently constructed book.

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trine deduced from the Holy Scriptures alone has a very plausible prima fucie aspect, but every Theologian knows that Scripture in the Old Testament is merely a History, compiled, as St. Paul says, "to be a Schoolmaster to lead us to Christ," and also, that where one text is made to contradict another, the true meaning has not been obtained. Into both these errors has Milton fallen, for he has made the Old Testament a standard of pure morality, (for which purpose it was not written) and has advocated polygamy, by sophisticating the true meaning of the Gospel doctrines concerning marriage. Milton seems to have forgotten that the Patriarchs, in consequence of the promise to Abraham, were to found an entire nation, and were to intermarry only among themselves. [For further information on the subject of marriage in early times, we refer our readers to Professor Millar on the origin of Ranks.]

Milton is quite unphilosophical on the subject. It is observed by Lord Kaimes, that the union of a man with one wife, is a direct ordinance of Nature, and he thus proves it. The union of the male and female, throughout all Nature, subsists as long as such union is necessary towards rearing the young. The connection of the bull and cow, horse and mare, &c. &c. is but temporary, because the attentions only of the female are required to secure the growth of the new animal. The birds pair until the nestlings can fly. With regard to man, the union continues for years, because his growth to maturity is tardy. We omit many other reasons against polygamy, drawn from a view of society in a high state of civilization, because we conceive it to be superfluous.

One remark more is necessary. It has been noted, that Milton's political coadjutors were fond of defending and forming their modes of conduct from the Old rather than the New Testament. Thus by perverting the intentions of Providence, with regard to the actions of Holy Writ, they made God the author of evil, and patron of their own bad deeds; and the sophistry of Milton is accordant with such practices. He does not treat the Old Testament as we do, merely an introduction to the New, as explícable by that, in reference to type, prophecy, history, and institutions, but he warps the New

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1825. REVIEW.-Moore's Life of Right Hon. R. B. Sheridan.

Testament to the Old, thus making Christianity subordinate to Judaism. The principles of Milton in Politics and Theology are purely his own in most essential points; but grandeur of magination is not favourable to theological or historical science. The former is founded only on emotions, and looks only to impression, the other to high reason, which proceeds by analysis. A great genius in poetry has only to express his feelings; but such an expression is utterly incompatible with history or philosophy. It would be as absurd as delivering the Principia of Newton in the language and figures of Ossian. Setting aside, however, this work of Milton, as a book of instruction, it is still Milton's giant mind; a work of Milton in sunset, not blazing and burning, but affording, in the words of his learned Editor, "a pleasing picture of a mind softened by the influence of religious principles, and becoming gradually more tolerant of the supposed errors of others, as the period drew near when he must answer for his own before an unerring tribunal."

71. Memoir of the Life of the Right Hon. Richard Brinsley Sheridan. By Thomas Moore. 4to. pp. 719. Longman.

MOORE (the first lyric poet of modern times) the Biographer, and that transcendant genius Sheridan the Sub

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ject, cannot fail, thus united, to excite the most intense and powerful interest in the literary world. No individual could be more suited to the task than Moore. He was worthy of the subject, and the subject worthy of him;-both kindred souls-Arcades ambo! The author here pourtrays the memoirs not of a mere son of the Muses, whose silent course oft glides peaceably through the world, but of one whose life appears of the most romantic and diversified character; whether we view him as the romantic lover-as the impassioned poet-as the vivid wit that oft "set the table in a roar"—as a theatrical negociator-as the brilliant orator-as the turbulent politician-as the shrewd statesman-or, finally, as the hapless victim of penury and woe.

Despising the trammels of scholastic lore, and trusting to the resources of his own powerful mind, Sheridan soared beyond competition ; and in the noontide of life he shone before the astonished world like a torrid sun in his meridian glory; but alas! as if folly was the usual companion of exalted genius, the setting sun of his earthly sojourn, was attended with "clouds and darkness," chiefly brought on by his own improvident conduct.* "Whatever Sheridan has done, or chosen to do (once observed Lord Byron) has been, par excellence, always the best of its kind. He has written the best comedy (School for Scandal), the best opera

*"Mr. Sheridan's improvidence in every thing connected with money, (says Mr. Moore) was most remarkable. He would frequently be obliged to stop on his journeys, for want of the means of getting on, and to remain living expensively at an inn till a remittance could reach him. His letters to the Treasurer of the Theatre on these occasions were generally headed with the words-Money-bound.' A friend of his told me, that one morning, while waiting for him in his study, he cast his eyes over the heap of unopened letters that lay upon the table, and, seeing one or two with coronets on the seals, said to Mr. Westley, the Treasurer, who was present, I see we are all treated alike.' Mr. Westley then informed him, that he had once found, on looking over this table, a letter, which he had himself sent, a few weeks before, to Mr. Sheridan, enclosing a ten-pound note, to release him from some inn, but which Mr. Sheridan, having raised the supplies in some other way, had never thought of opening. The prudent Treasurer took away the letter, and reserved the enclosure for some future exigence."

"Among instances of his inattention to letters, the following is mentioned. Going one day to the banking-house, where he was accustomed to receive his salary, as Receiver of Cornwall, and where they sometimes accommodated him with small sums before the regular time of payment, he asked, with all due humility, whether they could oblige him with the loan of twenty pounds. Certainly, Sir,' said the clerk, Would you like any more— fifty or a hundred?" Sheridan, all smiles and gratitude, answered that a hundred pounds would be of the greatest convenience to him. Perhaps you would like to take two hundred or three?' said the clerk. At every increase of the sum, the surprise of the borrower increased. Have not you then received our letter?' said the clerk; on which it turned out, that in consequence of the falling in of some fine, a sum of twelve hundred pounds had been lately placed to the credit of the Receiver-General, and that, from not having opened the letter written to apprise him, he had been left in ignorance of his good luck.” GENT. MAG. October, 1825.

(The

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REVIEW.-Moore's Life of Right Hon. R. B. Sheridan.

(The Duenna in my mind, far before
that St. Giles's lampoon, The Beggar's
Opera,) the best farce (The Critic
it is only too good for an afterpiece),
and the best address (Monologue on
Garrick,) and, to crown all, delivered
the very best oration (the famous Be
gum Speech) ever conceived or heard
in this country.-Somebody told She-
ridan this the next day (continued his
Lordship), and on hearing it he burst
into tears!-Poor Brinsley! If they
were tears of pleasure, I would have
rather said those few, but sincere,
words, than have written the Iliad,
or made his own celebrated philippic.
Nay, his own comedy never gratified
me more than to hear that he had de-
rived a moment's gratification froin any
praise of mine humble as it must ap-
pear to my elders and my betters'."

In these interesting pages Mr. Moore has faithfully traced Sheridan through his eventful life in a manner highly honourable to his taste, judgment, and feelings; and one of the principal characteristics of the work is its strict adherence to impartiality and truth. Neither the illustrious talents of She ridan, on the one hand, nor his degraded frailties on the other, have warped the author's mind. The latter he has recorded "more in sorrow than in anger," as the thoughtless extravagance of erratic genius; while the bright traits of his character have not, from feelings of admiration or friendship, been too highly coloured.

From the birth of Sheridan in Dublin, in 1751*, to his death in London, in 1816, Mr. Moore has faithfully detailed his eventful career. At the age of seven years, Richard Brinsley Sheridan, with his elder brother, Charles Francis, were placed under the tuition of Mr. Samuel Whyte, of Graftonstreet, Dublin. The young Sheridans were little more than a year under his care. The dawn of Sheridan's intellect was as dull and unpromising as its meridian day was bright; and in the year 1759, he was, by common consent both of parent and preceptor, pro

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nounced to be "a most impenetrable dunce."-From Mr. Whyte's school, the boys were removed to England, where Mr. Sheridan had lately gone to reside, and in the year 1762 Richard was sent to Harrow, where he was distinguished only as a very idle, careless, but, at the same time, engaging boy. At this time our valued friend and correspondent, Dr. Parr, now_no more, was then under-master of Harrow school, and Mr. Moore has introduced a letter written by him in 1818, which so strikingly pourtrays the school-boy days of Richard Sheridan, that we feel pleasure in extracting it, with the biographer's introductory remarks.

"One of the most valuable acquisitions he derived from Harrow was that friendship, which lasted throughout his life, with Dr. Parr.

"As this learned and estimable man has, within the last few weeks, left a void in the world which will not easily be filled up, I feel that it would be unjust to my readers not to give, in his own words, the particulars of Sheridan's school-days, with which he had the kindness to favour me, and to which his name gives an authenticity and interest too valuable on such a subject to be withheld :

"Hatton, August 3, 1818.

"DEAR SIR,-With the aid of a scribe I sit down to fulfil my promise about Mr. Sheridan. There was little in his boyhood worth communication. He was inferior to many of his school-fellows in the ordinary business of a school, and I do not remember any one instance in which he distinguished himself by Latin or English composition, in prose or verset. Nathaniel Hashed, one of his school fellows, wrote well in Latin and Greek. Richard Archdall, another schoolfellow, excelled in English verse. R. Sheridan aspired to no rivalry with either of them. He was at the uppermost part of the fifth form, but he never reached the sixth, and, if I mistake not, he had no opportunity of honourable school business, when the Greek attending the most difficult, and the most plays were taught and it was the custom at Harrow to teach these at least every year. He went through his lessons in Horace, and Virgil, and Homer well enough for a time. But, in the absence of the upper master,

• His grandfather, was celebrated as the friend of Swift, and his father, Thomas Sheridan, for the competition and even rivalry which he so long maintained with Garrick. His mother too was a woman of considerable talents, and affords one of the few instances that have occurred of a female indebted for a husband to her literary talents. She was the author of the novel of Sydney Biddulph,' and the Oriental tale of Nourjahad.' She also wrote two plays, the Discovery,' which Garrick said was one of the best comedies he ever read, and the Dupe.'

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It will be seen, however, though Dr. Parr was not aware of the circumstance, that Sheridan did try his talent at English verse before he left Harrow.

Doctor

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