which conferred a right of protection, and raise the tenant to a kind of eftate fuperior to downright flavery, but inferior to every other condition. This they called villenage, and the tenants villeins, either from the word vilis, or elfe, as Sir Edward Coke tells us, à villa; because they lived chiefly in villages, and were employed in ruftic works of the most fordid kind: like the Spartan belotes, to whom alone the culture of the lands was configned; their rugged mafters, like our northern ancestors, efteeming war the only honourable employment of mankind.

Thefe villeins, belonging principally to lords of manors, were either villeins regardant, that is, annexed to the manor or land; or elfe they were in grofs, or at large, that is, annexed to the perion of the lord, and transferrable by deed from one owner to another. They could not leave their lord without his permiffion; but if they ran away, or were purloined from him, might be claimed and recovered by action, like beafts or other chattels. They held indeed finall portions of land, by way of fultaining themfelves and families; but it was at the mere will of the lord, who might difpoffefs them whenever he pleafed; and it was upon villein fervices, that is, to carry out dung, to hedge and ditch the lord's demefnes, and any other the meanest offices; and thefe fervices were not only bafe, but uncertain both as to their time and quantity. A villein, in fhort, was in much the fame ftate with us, as lord Molefworth describes to be that of the boors in Denmark, and Stiernhook at tributes alfo to the traals or flaves in Sweden; which confirms the probability of their being in fome degree inonuments of the Danish tyranny. A villein could acquire no property either in lands or goods; but, if he purchased either, the lord might enter upon them, ouft the villein, and feize them to his own ufe, unless he contrived to difpofe of them again before the lord had feized them; for the lord had then loft his opportunity.

In many places also a fine was payable to the lord, if the villein prefumed to marry his daughter to any one without leave from the lord: and, by the common law, the lord might alfo bring an action against the hufband for damages in thus purloining his property. For the children of villeins were alfo in the fame state of bondage with their parents, whence they were called in Latin, nativi, which gave rise to the female appellation of a villein, who was called a neife. In cafe of a marriage between a freeman

and a neife, or a villein and a free-woman, the iffue followed the condition of the father, being free if he was free, and villein if he was villein; contrary to the maxim of civil law, that partus fequiter ventrem. But no baftard could be born a villein, becaufe by another maxim of our law he is nullius filius: and as he can gain nothing by inhe ritance, it were hard that he should lofe his natural freedom by it. The law however protected the perfons of villeins, as the king's fubjects, against atrocious injuries of the lord: for he might not kill or maim his villein; though he might beat him with im punity, fince the villein had no action or remedy at law against his lord, but in cafe of the murder of his anceflor, or the maim of his own perfor. Neifes indeed had alfo an appeal of rape, in cafe the lord violated them by force.

Villeins might be enfranchifed by manumillion, which is either exprefs or implied: exprefs; as where a man granted to the villein a deed of manumiffion: implied; as where a man bound himself in a bond to his villein for a fum of money, granted him an annuity by deed, or gave him an estate in fee, for life or years: for this was dealing with his villein on the footing of a freeman; it was in fome of the inftances giving him an action against his lord, and in others vefting an ownership in himentirely inconfiftent with his former ftate of bondage. So alfo if the lord brought an action against his villein, this enfranchised him; for, as the lord might have a fhort remedy against this villein, by feizing his goods (which was more than equivalent to any damages he could recover) the law, which is always ready to catch at any thing in favour of liberty, prefumed, that by bringing this action he meant to fet his villein on the fame footing with himself, and therefore held it an implied manumiffion. But in cafe the lord indicted him for felony, it was otherwife; for the lord could not inflict a capital punishment on his villein, with out calling in the afliftance of the law.

Villeins, by this and many other means, in procefs of time gained confiderable ground on their lords; and in particular itrengthened the tenure of their eftates to that degree, that they came to have in them an intereft in many places full as good, in others better than their lords. For the good-nature and benevolence of many lords of manors, having, time out of mind, permitted their villeins and their children to enjoy their poffeffions without interruption, in a regular courie of defcent,

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the common law, of which cuftom is the life, now gave them title to prefcribe against the lords; and, on performance of the fame fervices, to hold their lands, in fpite of any determination of the lord's will. For, though in general they are fill faid to hold their eftates at the will of the lord, yet it is fuch a will as is agreeable to the custom of the manor; which cuftoms are preferved and evidenced by the rolls of the feveral courts-baron in which they are entered, or kept on foot by the conftant immemorial ufage of the feveral manors in which the lands lie. And, as fuch tenants had nothing to fhew for their eftates but thefe cuftoms, and admillions in pursuance of them, entered on thofe rolls, or the copies of fuch entries witneffed by the fteward, they now began to be called tenants by copy of court roll,' and their tenure itself a copyhold.'

Thus copyhold tenures, as Sir Edward Coke obferves, although very meanly defcended, yet come of an ancient houfe; for, from what has been premifed, it appears, that copyholds are in truth no other but villeins, who, by a long feries of immemorial encroachments on the lord, have at laft established a customary right to thofe eftates, which before were held abfolutely at the lord's will: which affords a very fubftantial reason for the great variety of cuftoms that prevail in different manors, with regard both to the defcent of the eftates, and the privileges belonging to the tenants. And thefe encroachments grew to be fo univerfal, that when tenure in vilJenage was abolished (though copyholds were referved) by the ftatute of Charles II. there was hardly a pure villein left in the nation. For Sir Thomas Smith teftifies, that in all his time (and he was fecretary to Edward VI.) he never knew any villein in grofs throughout the realm; and the few villeins regardant that were then remaining were fuch only as had belonged to bishops, monafteries, or other ecclefiaftical corporations, in the preceding times of popery. For he tells us, that the holy fathers, monks, and friars, had, in their confeffions, and fpecially in their extreme and deadly fickness, convinced the laity how dangerous a practice it was, for one Chriftian man to hold another in bondage: so that temporal men by little and little, by reafon of that terror in their confciences, were glad to manumit all their villeins. But the faid holy fathers, with the abbots and priors, did not in like fort by theirs;

for they alfo had a fcruple in confcience to empoverish and defpoil the church fo much, as to manumit fuch as were bond to their churches, or to the manors which the church had gotten; and fo kept their villeins still." By thefe feveral means the generality of villeins in the kingdom have long ago fprouted up into copyholders: their perfons being enfranchifed by manumiflion or long acquiefcence; but their elates in ftrictnefs, remaining fubject to the fame fervile conditions and forfeitures as before; though, in general, the villein fervices are ufually commuted for a small pecuniary quit-rent.

As a further confequence of what has been premifed, we may collect these two main principles, which are held to be the fupporters of a copyhold tenure, and without which it cannot exift: 1. That the lands be parcel of, and fituate within, that manor, under which it is held. 2. That they have been demifed, or demifeable, by copy of court-roll immemorially. For immemorial custom is the law of all tenures by copy: fo that no new copyhold can, ftrictly fpeaking, be granted at this day.

In fome manors, where the custom hath been to permit the heir to fucceed the anceftor in his tenure, the eftates are filed copyholds of inheritance; in others, where the lords have been more vigilant to maintain their rights, they remain copyholds for life only for the cuftom of the manor has in both cafes fo far fuperfeded the will of the lord, that, provided the fervices be performed or ftipulated for by fealty, he cannot, in the first inftance, refuse to admit the heir of his tenant upon his death; nor, in the fecond, can he remove his prefent tenant fo long as he lives, though he holds nominally by the precarious tenure of his lord's will.

The fruits and appendages of a copy hold tenure, that it hath in common with free tenures, are fealty, fervices, (as well in rents as otherwife) reliefs, and efcheats. The two latter belong only to copyholds of inheritance; the former to thofe for life alío. But, befides thefe, copyholds have alfo heriots, wardthip, and fines. Heriots, which I think are agreed to be a Danish custom, are a render of the best beaft or other good (as the custom may be) to the lord on the death of the tenant. This is plainly a relic of villein tenure; there being originally lefs hardship in it, when all the goods and chattels belonged to the lord, and he might have seized them even

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in the villein's life-time. These are incident to both fpecies of copyhold; but wardship and fines to thofe of inheritance only. Wardship, in copyhold eftates, partakes both of that in chivalry and that in focage. Like that in chivalry, the lord is the legal guardian, who ufually aligns fome relation of the infant tenant to act in his flead: and he, like guardian in focage, is accountable to his ward for the profits. Of fines, fome are in the nature of primer feifins, due on the death of each tenant, others are mere fines for alienation of the lands: in fome manors only one of thefe forts can be demanded, in fome both, and in others neither. They are fometimes arbitrary and at the will of the lord, fometimes fixed by cuftom: but, even when arbitrary, the courts of law, in favour of the liberty of copyholders, have tied them down to be reafonable in their extent; otherwife they might amount to a difheri fon of the eftate. No fine therefore is alIowed to be taken upon defcents and alienations (unless in particular circumstances) of more than two years improved value of the eftate. From this initance we may judge of the favourable difpofition, that the law of England (which is a law of liberty) hath always fhewn to this fpecies of tenants; by removing, as far as poffible, every real badge of flavery from them, however fome nominal ones may continue. It fuffered cuftom very early to get the better of the exprefs terms upon which they held their lands; by declaring, that the will of the lord was to be interpreted by the custom of the manor; and, where no cultom has been fuffered to grow up to the prejudice of the lord, as in this cafe of arbitrary fines, the law itself interpofes in an equitable method, and will not fuffer the lord to extend his power so far as to difinherit the tenant.

Blackstone's Commentaries.

$58. Hard Words defended.

Few faults of ftyle, whether real or imaginary, excite the malignity of a more numerous clafs of readers, than the use of hard words.

If an author be fuppofed to involve his thoughts in voluntary obfcurity, and to obftruct, by unneceffary difficulties, a mind eager in pursuit of truth; if he writes not to make others learned, but to boast the learning which he poffeffes himself, and wishes to be admired rather than understood, he counteracts the first end of writing, and justly

fuffers the utmost severity of cenfure, or the more afflictive severity of neglect.

But words are only hard to those who do not understand them; and the critic ought always to enquire, whether he is incommoded by the fault of the writer, or by his own.

Every author does not write for every reader; many queftions are fuch as the illiterate part of mankind can have neither intereft nor pleasure in difcuffing, and which therefore it would be an ufelefs endeavour to levy with common minds, by tirefome circumlocutions or laborious explanations; and many fubjects of general ufe may be treated in a different manner, as the book is intended for the learned or the ignorant. Diffufion and explication

are neceffary to the inftruction of thofe who, being neither able nor accustomed to think for themfelves, can learn only what is exprefsly taught; but they who can form parallels, difcover confequences, and multiply conclufions, are best pleased with involution of argument and compreffion of thought; they defire only to receive the feeds of knowledge which they may branch out by their own power, to have the way to truth pointed out which they can then follow without a guide.

The Guardian directs one of his pupils "to think with the wife, but fpeak with the vulgar." This is a precept fpecious enough, but not always practicable. Difference of thoughts will produce difference of language. He that thinks with more extent than another will want words of larger meaning; he that thinks with more fubtilty will feek for terms of more nice difcrimination; and where is the wonder, fince words are but the images of things, that he who never knew the originals fhould not know the copies?

Yet vanity inclines us to find faults any where rather than in ourselves. He that reads and grows wifer, feldom fufpects his own deficiency; but complains of hard words and obfcure fentences, and asks why books are written which cannot be underfood.

Among the hard words which are no longer to be used, it has been long the cuf tom to number terms of art. Every man (fays Swift) is more able to explain the fubject of an art than its profeffors; a farmer will tell you in two words, that he has broken his leg; but a furgeon, after a long difcourfe, hall leave you as ignorant as you were before." This could only

have been faid but by fuch an exact obferver of life, in gratification of malignity, or in oftentation of acutenefs. Every hour produces inftances of the neceffity of terms of art. Mankind could never confpire in uniform affectation; it is not but by neceffity that every science and every trade has its peculiar language. They that content themselves with general ideas may reft in general terms; but thofe whofe ftudies or employments force them upon clofer infpection, muft have names for particular parts, and words by which they may exprefs various modes of combination, fuch as none but themselves have occafion to confider.

Artists are indeed fometimes ready to fuppofe, that none can be ftrangers to words to which the mfelves are familiar, talk to an incidental enquirer as they talk to one another, and make their knowledge ridiculous by injudicious obtrufion. An art cannot be taught but by its proper terms, but it is not always neceffary to teach the art. That the vulgar exprefs their thoughts clearly is far from true; and what perfpicuity can be found among them proceeds not from the eafinefs of their language, but the fhallowness of their thoughts. He that fees a building as a common fpectator, contents himself with relating that it is great or little, mean or fplendid, lofty or low; all thefe words are intelligible and common, but they convey no diftinct or limited ideas; if he attempts, without the terms of architecture, to delineate the parts, or enumerate the ornaments, his narration at once becomes unintelligible. The terms, indeed, generally difpleafe, because they are understood by few; but they are little understood only, because few that look upon an edifice examine its parts or analyfe its columns into their members.

The state of every other art is the fame; as it is curforily furveyed or accurately examined, different forms of expreffion become proper. In morality it is one thing to difcufs the niceties of the cafuift, and another to direct the practice of common life. In agriculture, he that inftructs the farmer to plough and fow, may convey his notions without the words which he would find ne.. ceflary in explaining to philofophers the procefs of vegetation; and if he, who has nothing to do but to be honeft by the fhorteft way, will perplex his mind with fubtle fpeculations; or if he whofe task is to reap and thrash, will not be contented without examining the evolution of the feed and

circulation of the fap, the writers whom either fhall confult are very little to be blamed, though it fhould fometimes happen that they are read in vain. Idler.

$ 59. Difcontent, the common Lot of all Mankind.

Such is the emptinefs of human enjoyments, that we are always impatient of the prefent, Attainment is followed by neglect, and poffeffion by difguft; and the malicious remark of the Greek epigrammatist on marriage, may be applied to every other courfe of life, that its two days of happinefs are the first and the last.

From the

Few moments are more pleafing than thofe in which the mind is concerting meafures for a new undertaking. firft hint that wakens the fancy to the hour of actual execution, all is improvement and progrefs, triumph and felicity. Every hour brings additions to the original scheme, fuggefts fome new expedient to fecure fuccefs, or discovers confequential advantages not hitherto forefeen. While preparations are made and materials accumulated, day glides after day through elyfian prospects, and the heart dances to the fong of hope.

Such is the pleasure of projecting, that many content themfelves with a fucceffion of vifionary fchemes, and wear out their allotted time in the calm amufement of contriving what they never attempt or hope to execute.

Others, not able to feaft their imagination with pure ideas, advance fomewhat nearer to the groffness of action, with great diligence collect whatever is requifite to their defign, and, after a thousand refearches and confultations, are fnatched away by death, as they stand in procinctu waiting for a proper opportunity to begin.

If there were no other end of life, than to find fome adequate folace for every day, I know not whether any condition could be preferred to that of the man who involves himself in his own thoughts, and never suffers experience to fhow him the vanity of fpeculation; for no fooner are notions reduced to practice, than tranquillity and confidence forfake the breast; every day brings its task, and often without bringing abilities to perform it: difficulties embarrafs, uncertainty perplexes, oppofition retards, cenfure exafperates, or neglect depreffes. We proceed, because we have begun; we complete our defign, that the labour already ipent may not be vain: but as expectation gradually dies away, the

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