Ineligibility of Bastards for Holy Orders, and eurious legal custom in Kent against their reputed Fathers.

The propagators of bastards, and bastards themselves, were anciently considered infamous persons. And this is the reason alledged* for the exclusion of bastards, by the Common Law, from holy orders and ecclesiastical dignities, because the sacraments ought not to be committed to infamous hands.

No instance has, however occurred, in modern tines, of a bishop refusing to institute a pretence by reason of bastardy; and "such is the liberality of the present day," (in the words of the edit. of Bl. Comm.)" that no one need apprehend that his preferment would be impeded by the incontinence of his parents, or by any demerit but his own."

It may here also be worthy of remarking, that when a person, by the ancient common law of the land, was declared infamous, (as the propagators of bastards were,) he thereby incurred a forfeiture of his goods and chattels; and this, which was formerly the general law of the land, is still retained in the Hundred of Middleton, in the county of Kent; for he that gets a bastard therein, (says the celebrated antiquary Fellon,)† forfeits all his goods and chattels to the king.

Bonds.

Quere. Why are penal bonds in the third person declared to be void by the 38 Edw. 3. st. 3. c. 4.

British Customs.-Bees. Customs, the origin of which we are unacquainted with, often appear singular, and not unfrequently absurd and ridiculous. The truth of this observation might be illustrated by various instances; suffice it, however, for our present purpose, to adduce one practised by the old wives in the country, of pursuing, with as many friends and neighbours as they can collect, their swarming hives of bees, till they alight, with tongs, pokers, and frying-pans, or such like instruments, forcibly striking the one against the other.

The sight is truly ludicrous, the pourtraying of which would furnish a fine subject for a Hogarth or a Wilkie.

it

But absurd and ridiculous however as may, and certainly does seem, yet it is grounded on law and reason; for bees, being classed by our laws‡ among,

*Fortescue 88, 9. Bl. Comm. v. 4. p. 459. + Vide App. Miller's His ory of Don

caster.

See Ross's Treatise on the Laws of Venders and Purchasers of Personal Property, p. 138, where all the authorities respecting

and considered as things feræ naturæ, the legal right to which can only be acquired either by hiveing and reclaiming them, or pro rational soli, and can only be retained so long as they continue in possession, actively or constructively. Whenever, therefore, they regain their natural liberty, the actual possession is gone, and the constructive, also, if the fugitives be not immediately pursued ; but, if they be followed, the latter possession is continued, and they may, on their alighting, be again retaken in the former possession, and hived by the original proprietor: and it would be actionable, under such circumstances, for any

one to detain them.

The reason why instruments producing sound are made use of in the pursuit, is not only to make known the right of property, but also to entice the bees to alight, they being allured by sounds.†

Origin of a Common Saying and frequent Threat.

It is a very common expression, when speaking fervently of a friend, that he would go through fire and water to serve one. This, it is conceived, took its rise from one of our most ancient species of trial, viz. by ordeal, which was of two sorts, fire-ordeal and water-ordeal; and both these might be undergone by deputy; and numerous instances have occurred, in ancient times, of one friend undertaking it for another.

As much as your Estate or Life is worth, is a common threat in vulgar use when a person intends doing an act contrary to the sentiments of another, which is probably derived from the ancient feudal law of forfeiture, whereby a tenant or vassal, on the doing and committing of certain acts and crimes, forfeited his estate, and sometimes his life. Clergymen precluded by Canon Law from acting in the Commission of the Peace.

It is observed, by Sir Edw. Coke,§ that the overflowing waters doth many times make the river to lose its proper channel, so in times past ecclesiastical

bees, and the right of property in them are collected.

That bees are affected by sounds will be readily conceded by those who have observed their motions, and particularly in thunder storms. At the sound of which approaching, those bees that are in the fields are generally prompted to return home.

The principal, however, was to answer for the success of the trial, the deputy only venturing some corporal pain. § 2 Inst. 4. Bl. Comm. v. 1. p. 376.

persons,

persons, seeking to extend their liberties beyond their true bounds, either lost or enjoyed not those which of right belonged to them.

Their successors of the present day, I allude in particular to the Manchester clerical magistrates, seem not to have profited by the past; and, perhaps, a similar fate awaits them. For their recent conduct concerning a late political meeting, in which the authority with which they were invested was outrageously over-stretched, has caused the right to exercise it to be questioned, and which, if brought to issue, must be decided in the negative. As by the canons* of the

1 Gibs. Cod. 180. 184. It is the opinion of Lord Hardwicke and Lord Holt, that

church, the clergy are prohibited from either voluntarily relinquishing the office of a deacon or minister, or exercising secular iurisdiction.

the clergy are bound by the canons, whether made by the king and confirmed by Parliament, or by the king only, as, for instance, the canons enacted under Jac. Ist. by the clergy, in the year 1603. (See Bl. Comm. v. 1. p. 8.)

*Horne Tooke, who had voluntarily relinquished the office of priest, and had long

ceased to officiate, or even to appear as a

clergyman, was deemed ineligible to exercise

the functions of a member of Parliament. And because some had argued the contrary, and to remove all doubts upon the subject the 41 Geo. 3. c. 73. was passed declaring the

same.

An Essay on the necessity of Improving the American National Forces, by MR. WILLIAM THEOBALD WOLFE TONE, formerly Officer of Light Cavalry, Aide-de-camp in the French service, and Member of the Legion of Honour. published at New York. THE

HE object of this pamphlet is to prove to the people of the United States, that the security in which they now repose is false, and that their ability to meet a war without preparation is insuf ficient. It is a warning voice calling on them to behold the enormous military power of Great Britain, her immense resources and formidable preparations, her all grasping ambition, and the probability of the Americans being engaged in a second and more arduous conflict, and strenuously recommending active and extensive preparations, by the increase of fortifications, the army, arsenals, and military schools.

The author begins by considering the important changes which a few years have wrought in the military strength and national policy of Britain. And on this very curious subject we are induced to present a long extract:

A French engineer of distinguished talent, chevalier Dupin, has lately travelled through England to examine into the present state of her military establishments. The view which that able officer has given of her recent military improvements, and of the immense means of hostility collected in her arsenals, is calculated to inspire every reflecting mind with the most awful forebodings. However selfish her policy

may have been, however offensive her pride, whatever evils she may have inflicted upon himself, or upon his country, still every friend of reason, justice, and liberty, must confess that the world owes incalculable benefits to England. Her constitution, however imperfect and overpraised, afforded the first model of a liberal government, sanctifying the individual rights and the individual independence of man. English principles, and English laws, laid the foundation of American freedom. To see that country rapidly exchanging the character of a free nation for that of a military power, must strike even her greatest enemies with melancholy reflections.

The causes of this unfortunate change are easily traced. When France, towards the conclusion of the last century, broke the shackles of a weak and vicious government, the selfishness of England took alarm; some statesmen may have perceived and justly feared, that France, delivered from its feudal trammels, would soon have eclipsed England; the short-sighted and bigoted hatred of the common people did not look so far, and they were more honest in their open aversion. But the cry that France must be put down, and government strengthened for that purpose, was nearly universal. The generous voice of the few who sympathised with the cause of liberty in every part of the world, was drowned by the general clamour, and all opposition to government became unpopular. Europe was paid, was armed by England, and from the Caucasus to the pillars of Hercules

torn from her foundations and hurled npon France.

The world in general is scarcely yet aware of the total change which has taken place in the character of England, in her constitution, and in the relative rank which she holds amongst nations. England was a rich, industrious, free, and enlightened country; her manufac tures, trade, and agriculture were equally flourishing; and she was strong by her navy, her opulence, and the proud, firm, and independent character of her people. Her army was insignificant both in its numbers and quality, but the bravery and patriotism of her citizens secured her against foreign invasion.

At present, since the blind passions of the people have enabled the government to form a powerful army, they have actively interfered in all the contests and interests of Europe, and, with Russia, direct the whole, machine of its political system. British blood has been poured as prodigally as Napoleon poured that of the French; British armies have appeared in every quarter of the world, and their empire has spread over the globe in every direction. The influence of the cabinet has been uniformly exerted to put down the spirit of liberty and improvement; and Saxony, Genoa, Italy, Poland, Norway, as well as France, have been pressed under its iron weight, or betrayed by its fallacious promises. In Spain it has supported Ferdinand and the inquisition.

The change which has taken place in the interior, is not at first visible to the cursory view of a traveller. The high and finished state of the cultivation, the beauty, luxury, and opulence which shine all around, the immense profusion of wealth, the perfection of the manufactures, the busy bustle of trade, the ingenious and universal application of machinery to every useful purpose, and the prodigies which it effects, give to the whole country an appear ance of unparalleled plenty and prosperity. But a very little observation discloses the melancholy fact, that this is forced and artificial. Such is the weight of the taxes and charges, that without the most incessant activity, labour, and industry, the people must starve. Anxious about their very existence, they are grown callous and indifferent on every other subject; and delicacy, honour and principle, love and regard for liberty, proper pride and independence of character, the honest peculiarity of the old Englishman, are

almost lost in the exclusive and universal ardour for gain. The precariousness of the means of livelihood in all the industrious classes is inconceivable; the farmer, trader, and manufacturer live on their capital, the labouring poor are in a state of the most abject misery and distress, and the number of paupers and criminals has consequently augmented in such a frightful ratio, that it baffles calculation and passes belief.*

Loud as the public misery made them call for peace at the close of the late contest, a most numerous and influential party wish again at this day for war, because they did not find in the cessation of hostilities those benefits which they expected, because, great as were the charges of war, it gave them a monopoly of trade, which they are fast losing, and because the rising industry of other nations is entering in competition with theirs, and requires to be stopt.

But it must be observed

First, That a military spirit has been created in the nation, almost as universal as it was in France under Napoleon. The uniform has become fashionable and honourable, in a country where no drum was allowed to be beaten in the city of London; and every young man, if he does not enter the army or navy, aspires at least to belong to some militia, volunteer, or yeomanry corps.

Second, That military services are become the surest road to titles, honours and dignities. A number of peerages have been distributed in the army, and the order of the Bath, organized on the model of the legion of honour; an innovation for which Walpole or North might have lost their heads.

Third, The composition of the army has been greatly ameliorated. Although promotions by purchase or family interest still exist in the subaltern ranks, yet a number of able officers have risen by service or seniority in the last war, and the government has an ample choice of subjects to fill all high and commanding posts. The artillery and engineers will hereafter be exclusively recruited with instructed officers from the military schools. The discipline, the armament of the troops, their clothing and equipment, have been equally ameliorated on the model of the French army.

Fourth, A good staff has been organized. That service was in its infancy in Britain at the beginning of the war, and was organized in its present form by some French emigrant officers, Messrs. Tromelin, Phelippeaux, &c. That staff is carefully maintained.

Fifth, It may be seen from the work of Mr. Dupin, with what sedulous care and attention the British government maintain and improve all their military and naval establishments, how they have organized and keep in readiness for action the most complete, effective, and numerous materiel, that was ever possessed by a military power, and what importance they attach to the diffusion and improvement of military education, principally in the corps of their engineers and artillery.

Sixth, Although the British government have disbanded some corps of infantry and cavalry which they can easily recruit again; although to satisfy the clamours of the reformers and economize their finances, they may disband some more, yet they carefully keep up their military institutions. I do not exactly know the present force of the British army. But without including their colonial service in the East Indies, in Africa and America, I believe the whole mass of their European troops of all kinds, will not be found under 200 battalions of foot and 200,squadrons of horse, a force more than sufficient for these purposes.

With such an army and such a navy, at the disposition of government, what is to become of English liberty? It is time for other nations to look to theirs. For what will that government do with the military force and spirit which they have created? France was obliged, in the same circumstances, to keep her army employed in foreign war and conquest. When their army acquires the same superiority over the other armies of Europe which the French possessed in thy time of Napoleon; when their navy surpasses the collected naval force of the rest of the world, they need no longer subsidize foreign nations; they can even abridge their means and liberty, their industry and trade, draw contributions from them, and support their own forces at their expense.

This forced, artificial, and unnatural situation, cannot however last long.

and corruption universally, produce decay. In losing her liberty and her principles, England has lost her real strength and her real glory, and MONTHLY MAG. NO. 338.

exchanged them for the vain and momentary blaze of military fame and usurping empire; an empire not founded on the love and respect of nations, but on force; an empire which can only be supported by force, and must fall some day or cther by the same means that raised it. She has already lost, on the continent of Europe, that veneration which accompanied her name, when it was always linked with the ideas of freedom, justice, and sound policy.Like the statue of Nebuchadnezzar— For obvious reasons we do not, in the Monthly Magazine, follow Colonel Tone in the strain of invective, in which he takes a lesson from the tirades of the ministerial papers against the government of France during the late war.

There is certainly, he says, an immense mass of information, of talent, of science and industry in England; but, as in France, all these qualities will have been exclusively applied to the service of the government, or all who join talent to honesty will have emigrated long before.

How much more respectable was the name of England, how much more solid her power, when, with a small army, a navy scarcely equal to that of the Dutch, but a government, strong by the support of a free, energetic, and enlightened people, she stood the bulwark of European liberty against the ambition of Louis XIV. Thus, when the power of Napoleon stretched from Cadiz to Moscow, when a million of armed veterans stood at his command, and the treasures of Europe were at his disposal, France was really weaker, as was proved by the event, than when confined between Belgium and the Pyrenees, divided at home, without an army, without a navy, without finances, almost without a government; but animated by the young enthusiasm of hope, and the love of liberty.

It behoves America, for her own sake, for the sake of that world, where she stands the last and only asylum of liberty, and of its friends and martyrs in every country; the sanctuary, where the flame of freedom is yet cherished and kept alive, to watch the progress and march of this great power-a power infinitely greater than that of Napoleon. The jealousy of England, in the opinion of Col. Tone, is chiefly directed against her. The English know right well, that their naval supremacy, on which their greatness depends, has ultimately more to fear from America, than from the rest

21

of

of the world. They cannot reach to the sources of her prosperity, nor finally prevent her progress; it depends on causes which it is not in the power of England, nor even of man, to change; on her geographical position, her immense territory, her free government, and the enlightened character of her people. But they can stop it for a time; they can give it severe checks, and it behoves America to stand upon her guard.

The second chapter comprises a military analysis of the late war between the United States and Great Britain, in which Colonel Tone contends, that the attack on Canada was very injudiciously managed; and that the strength of the British was not fully put forth. He contends in the sequel, that the American militia is wholly insufficient for defence, and that no apprehensions ought to be entertained of danger to our liberties from an enlarged standing army.Finally, he proposes as their wisest policy to increase the scale of their military preparations, by additional fortifications, roads, canals, and military schools; to amass a collection of topographical surveys, charts, &c. in the war office, to augment arsenals, foundries, &c. and to promote the study of military science,

I need scarcely add, says Colonel Tone, that depots of ordnance, arms and ammunition, approvisionment and forage, clothing and equipment, should be formed at the same time, and placed at a secure distance behind the armies, with some safe and easy communication between them. All roads and canals, necessary for the armies to communicate, should be opened, and the time requisite for such movements be calculated with precision.

America may then securely brave any invasion of its territory; for before the enemy can have made an impression on those important points, which deserve to attract his efforts, and which will, by that time, be fortified, a corps of experienced, led by military chiefs, and supported by the militia of the neighbour

ing states, will move against him; and we trust that, in the contest, the spirit of patriotism and the consciousness of the noble cause which they defend will ensure victory to our troops and to the American flag.

"Let us, therefore," says an American Journalist, in noticing this work, "in viewing the ambitious and disorganizing designs of Britain, her immense means, her preparations for warfare, and the rapid improvements of her military system, neither abandon ourselves to supine indolence, remain unarmed and unprepared until the blow be struck, nor yield to terror and despondency on measuring the present disparity of our forces. Let us beware of any insidious attack against our union; let us never separate our interests; but organize ourselves, and fortify our frontiers, diffuse military knowledge by means of our military schools, and remedy the radical' defects of our militia system, foster the infant establishments of our navy, and give every encouragement to those brave men who defend the republic in the hour of danger; let us not take parsimony for economy, nor indolence for security, and we have nothing to fear.We have the noblest country and cause to defend that ever nerved the hand or fired the heart of patriot soldier. The future happiness and liberty of the human race are perhaps confided to America. She will not betray the trust. If we do not fail to ourselves, we may defy every enemy; and support, against an opposing world, the standard of freedom and Washington."

We wish we could have felt ourselves justified, by our respect for truth and the public good, to lay the whole of Colonel Tone's strong and often exaggerated picture before the readers of the Monthly Magazine; but we have given enough to expose the spirit that is abroad in the world, and to warn ourselves against any acts which may encourage or justify it.We ought to be just abroad as well as at home; and respect the rights of others as well as our own.

LETTER from M. CAVIGLIA to the Editor

of the Journal des Voyages. Paris, Nov. 23, 1819. IN noticing the voyage of M. de Forbin, in the Levant, in your Number for July, you express his concern, that

he was unable to profit by the discovery of the Temple of the Sphinx, which an unpardonable egotism, he says, had caused to be buried up or covered again. As this leads to an implication, that it was M. Saltalio discovered that

beautiful