Kitabı oku: «A Collection of Essays and Fugitiv Writings», sayfa 17

No. XXII

 NEW YORK, JULY, 1788.

A LETTER to the AUTHOR, with REMARKS

sir,

I beg leave to relate to you a few circumstances respecting the conduct of a young friend of mine in this city, and to request your own remarks and advice on the occasion. Should any other person similarly situated, be disposed to receive benefit from the advice, I shall be much gratified, and my design more than answered.

This young friend to whom I allude, has been till within a few years, under the watchful eyes of very attentiv parents; from whom he received much better advice and much more of it, than the generality of parents in this city are wont to bestow on their children; they taught him to regard truth with a steady attachment; in short his education, till their deaths, was such as might with propriety have been called rigidly virtuous. Since that instructiv period, he has been under the guidance of no one but himself; his former associates with whom he grew up, and for whom he still feels a degree of schoolmate attachment, are almost universally debauched characters. The force of example is great, and let it be mentioned to his honor, that in general he has had sufficient virtue to resist their importunities, and to follow a line of conduct directly contrary to the one they would gladly have marked out for his pursuance. He possesses many of the social virtues, and is warmly attached to the amiable part of the female world. This attachment has preserved him from the fashionable vices of the age, and given him a relish for domestic happiness, which I think he will never lose. A young gentleman so capable of making himself agreeable to good and virtuous characters, ought not, in my opinion, to indulge himself in any practices, that shall tend in the least to depreciate his general merit. The practices I would mention, are few and not very considerable; still I think he should dismiss them entirely, or at least not indulge them to his disadvantage. He sings a good song, and he knows it tolerably well; he is often urged into company on that account; he can make himself agreeable withal, and is really a musical companion; he pays so much attention to learning and singing songs, that he has but little leisure time on his hands; he reads part of the day, but he reads principally novels or song books. I would not be understood to consider singing songs as criminal; far from it; I am often delighted with a song from him; but the query with me is, whether he ought not to devote part of the time which he now employs about what may be called genteel trifling, to the improvement of his mind in a manner that may be of lasting benefit to him; I wish you to giv him your advice, and direct him what books to read. He has another fault, which, altho it originates in the benevolence of his disposition, may still be called a fault. He has a very susceptible heart, and opens it with a generous freedom, so much so that he sometimes forgets himself, and opens it where he ought not to do. A stranger with a specious outside might easily impose on him. I just throw out these hints, that he may be on his guard against those whose business it is to deceive. There are several smaller faults dependant upon, or rather consequent to, those I have mentioned, which I at first intended to have enumerated, but if the first are amended, the others will forsake him of course.

The ANSWER

sir,

By the description you have given of your young friend, it appears that he is rather trifling and inconsiderate than profligate. His faults are, his spending too much time in learning and singing songs; and too much frankness of heart, which exposes him to impositions. But you have not, Sir, informed me whether he was bred to business; and by his character, I judge that he was not. He has had good precepts indeed; but of how little weight are precepts to young people! Advice to the young sometimes does good; but perhaps never, except good habits have been previously formed by correct discipline in manners, or by a mechanical attention to honest employments. The truth is, advice or serious council is commonly lavished where it does no good, upon the young, the gay, the thoughtless; whose passions are strong, before reason begins to have the smallest influence. I am young myself, but from the observations I have hitherto made, I venture to affirm, that grave advice never yet conquered a passion, and rarely has restrained one so as to render a sprightly youth, in any degree serious. How should it? Instructions are transient; they seldom touch the heart, and they generally oppose passions that are vigorous, and which are incessantly urging for indulgence.

I have ever thought that advice to the young, unaccompanied by the routine of honest employments, is like an attempt to make a shrub grow in a certain direction, by blowing it with a bellows. The way to regulate the growth of a vegetable is to confine it to the proposed direction. The only effectual method perhaps is to keep young persons from childhood busy in some employment of use and reputation. It is very immaterial what that employment is; the mind will grow in the direction given it at first; it will bend and attach itself to the business, and will not easily lose that bent or attachment afterwards: The mind will attach itself to something; its natural disposition is to pleasure and amusement. This disposition may be changed or overcome by keeping the mind, from early life, busy in some useful occupation, and perhaps by nothing else. Advice will not produce the effect.

I suspect, Sir, that your young friend has been bred a trifler; that he has had money to support him without the labor of acquiring it; that he has never been anxious about his future subsistence. If so, his education must be pronounced erroneous. Whether worth twenty pounds or twenty thousand, it should make no difference in his attention to business while young. We are the creatures of habit; a habit of acquiring property should always precede the use of it, otherwise it will not be used with credit and advantage. Besides, business is almost the only security we have for moral rectitude and for consequence in society. It keeps a young person out of vicious company; it operates as a constant check upon the passions, and while it does not destroy them, it restrains their intemperance; it strengthens the mind by exercise, and puts a young person upon exerting his reasoning faculties. In short, a man bred to business loves society, and feels the importance of the principles that support it. On the other hand, mankind respect him; and whatever your young friend may think of the assertion, it is true that the ladies uniformly despise a man who is always dangling at their apron strings, and whose principal excellence consists in singing a good song.

If, Sir, your friend is still so young, as to undergo the discipline of a professional or other employment, his habits of trifling may be changed by this means; but if he is so far the gentleman as to disdain business, his friends have only to whistle advice in his ears, and wait till old age, experience, and the death of his passions, shall change the man.

Accept of my thanks, Sir, for this communication, and be assured that my opinion on any subject of this kind will always be at your service.

E.

No. XXIII

 BOSTON, MARCH, 1789.

An Enquiry into the Origin of the Words DOMESDAY, PARISH, PARLIAMENT, PEER, BARON; with Remarks, New and Interesting

In the course of my etymological investigations, I hav been led to suspect that all the writers on the laws and constitution of England, hav mistaken the origin and primitiv signification of several words of high antiquity, and in consequence of the mistake, hav adopted some erroneous opinions, respecting the history of parliaments and trial by peers. Whether my own opinions are wel supported by history and etymology, must be hereafter decided by able and impartial judges of this subject.

Dome book, or domesday book, iz a word wel understood by English lawyers. Dome book, or dom bec, az it waz formerly spelt, waz the name given to the Saxon code of laws compiled by Alfred. Some other codes of local customs or laws were also denominated dom becs, but theze are all lost. After the conquest, a general survey of all the lands in England, except a few counties, waz made by order of William, and recorded in a volum which iz stil extant, and called domesday. This survey waz begun by five justices assigned for the purpose in each county, in the year 1081 and completed 1086.

Our pious ancestors were not a little frightened at the name of this book, which iz usually pronounced doomsday; supposing it to hav some reference to the final doom, or day of judgement. In order to quiet such apprehensions, lawyers of less credulity undertook to refute the common opinion. Jacob, after Cowel, very gravely asserts, that the termination day in this word does not allude to the general judgement. "The addition of day to this dome book, waz not ment with any allusion to the final day of judgement, az most persons hav conceeved, but waz to strengthen and confirm it, and signifieth the judicial decisiv record, or book of dooming judgement and justice."⁶⁷ The same author defines domesmen to be judges, or men appointed to doom.

Cowel, a compiler of considerable authority, says, "day or dey," (for dey iz the true spelling) "does not augment the sense, but only doubles and confirms the same meening. It does not, in this composition, really signify the mesure of time, but the administration of justice; so that domesday iz more emphatically the judicial decisiv record, the book of dooming judgement."⁶⁸ According to this author, then, domesday iz a judgement of judgements, for he quotes Dr. Hammond to proov that day, dies, ημερα, in all idioms, signifies judgement. However tru this may be, I beleev our Saxon forefathers could find a better name for a code of laws, than a judgement of judgements.

"Domesday," says Coke, "dies judicii," day of judgement.⁶⁹ Such is the influence of sounds upon credulous, superstitious minds.

The truth seems to be this; domesday is a compound of dom, judgement, decree or authority; and dey, a law or rule.⁷⁰ Or domes, in the plural, may signify judges. The name of the book then will signify, ether the rules of judging, or deciding, in questions relating to the real property of England; or what is more probable, the rules and determinations of the judges who surveyed the lands in the kingdom.

That dom had the signification here explained iz capable of proof. The homager's oath, in the black book of Hereford, fol. 46, ends thus, "So helpe me God at his holy dome (judgement) and by my trowthe," (troth, that is truth.)⁷¹ This explanation coincides with the meening of the same syllable in other languages, and confirms the hypothesis of the common origin of the languages of Europe, laid down in the Notes to my Dissertations on the English Tung. We see the syllable in the Greek δαμαω, the Latin dominus, (domo) and in the English word tame; az also in doom, deem, king dom.⁷² In all theze words we observe one primitiv and several derivativ significations. Its primitiv sense is that of power or authority, az in Greek and Latin. In English, it stands for jurisdiction, a judge, or a sentence. In deem, it denotes the act of the mind in judging, or forming its determinations.

The other syllable dey iz probably the same word az ley, law, with a different prepositiv article; for etymologists tel us, that the radical syllable waz often found in the muther tung ey. Cowel informs us it waz not day, but dey; and another author writes it d'ey. The word daysman, or az it ought to be spelt deysman, stil used both in England and America, is composed of dey and man, and signifies an arbitrator or judge, appointed to reconcile differences. In this country I hav often heerd it applied to our Savior, az mediator between God and man.

The ancient lawyers translate the Saxon dom bec and domesdey by liber judicialis; words which seem not to convey the ful meening of the original. I should translate them, liber judicum, the Judges book; or lex judicum, the Judges law or rule.

The old Saxon word ley, before mentioned, waz, in different dialects, or at different periods, written ley, lah, lage, laga. It iz doubtless from the same root az the Latin lex, lege; and it is remarkable, that the same word anciently signified peeple; and from this are derived lay and laity, the peeple as opposed to the clergy.⁷³ It iz probable that the primitiv sense of the word, in remote antiquity, waz people; and az the peeple made the laws in general assembly, so their orders or decrees came to be called by the same name. This conjecture iz not groundless, and is no trifling proof of the ancient freedom of our Gothic ancestors. Tacitus says expressly of the Germans, "De minoribus rebus principes consultant; de majoribus omnes." De Mor Germ. 11. The princes deliberate upon small matters, or perhaps decide private controverses of small moment; but laws of general concern are enacted in an assembly of all the peeple.

The origin of Parishes haz puzzled all the lawyers and antiquaries of the English nation. Johnson, after his usual manner, recurs to the Greek, and derives the word from παροικια, accolarum conventus, an assemblage or collection of peeple in a naborhood. Others content themselves with deriving it from the Latin parochia or French paroisse. These etymologies do not satisfy me. It is improbable that our ancestors went to the Greek for names of places or divisions of territory, that existed in England az erly az the Heptarchy; especially az the Greek word before mentioned waz never used in the sense of parish. Parochia cannot be the origin of parish; for it waz not a Roman word; on the other hand, it is merely a Gothic or Saxon word latinized by the erly writers on law; and to derive parish from the French paroisse is trifling; for we might as well derive paroisse from parish, which iz at leest az ancient.

"It iz uncertain at what time England waz divided into parishes," say most of the law writers. Camden, in hiz Britannia, page 104, says, the kingdom waz first divided into parishes by Honorius, archbishop of Canterbury, in 636. This opinion iz controverted. Sir Henry Hobart thinks parishes were erected by the council of Lateran, in 1179. Selden, followed by Blackstone, supposes both to be rong, and shows that the clergy lived in common, without any distinction of parishes, long after the time mentioned by Camden; and it appeers by the Saxon laws, that parishes were known long before the council of Lateran.⁷⁴

The truth probably iz, the kingdom was not divided into parishes at any one time, but the original ecclesiastical division grew, in a great measure, out of a prior civil division. Parish iz the most ancient division of the ecclesiastical state, and originally denoted the jurisdiction of a bishop, or what iz now called a diocese. For this opinion, we hav the authority of the Saxon laws and charters. "Ego Cealwulfus, dei gratia rex Merciorum, rogatus a Werfritho, Episcopo Hwicciorum, istam libertatem donavi, ut tota parochia Hwicciorum a pastu equorum, regis et eorum qui eos ducunt, libera sit, &c." Charta Cealwulfi regis, Anno 872. "Episcopus, congregatis omnibus clericis totius parochiæ, &c." in a passage quoted by Cowel tit. parish. Here the bishoprick iz explicitly called a parish, parochia; and Blackstone remarks, "it is agreed on all hands, that in the erly ages of christianity in this island, parishes were unknown, or at leest signified the same az a diocese does now." Com. Vol. I. 112.

This, being a settled point, wil perhaps furnish a clue by which we may find the true origin of the word and of the division.

It iz certain that there waz an ancient word among the Gothic nations, and probably among the Celtic, which signified originally a man, afterwards a freeman, or landholder, in opposition to that class of men who had no real property. This word waz spelt by the Romans vir, and signified a man, by way of eminence, az distinguished from homo; az also a husband or householder. It answered to the ανηρ of the Greeks, az distinguished from ανθροπος, a word denoting the human race in general. The same word in the Gothic or ancient German waz spelt bar;⁷⁵ and probably in some dialects par, for the convertibility of b with p iz obvious to every etymologist.⁷⁶ In the Erse language, az Mc Pherson testifies, bar signifies a man. The word iz also pronounced fer or fear, which approaches nearer to the Latin vir: Fergus or Ferguth signifies a man of word or command. In modern Welsh, which iz the purest relict of the old Celtic, bar is a son, and barn a judge. In the ancient Irish, brehon or barhon, which iz merely baron with an aspirate, signified a judge. See Lhuyd, Mc Pherson, Ossian, p. 4. and Blackstone's Commentaries, Vol. I.

This word iz the root of the modern word baron; for in ancient manuscripts, it iz sometimes spelt viron, denoting its derivation from vir. For this we hav the authority of Camden and Du Cange under the word baron.

So far we tred on sure ground. That theze words hav existed or do stil exist in the sense above explained, wil not be denied; and it iz almost certain that they all had a common origin.

The word Baron iz evidently derived from the German bar or par, and under the feudal system, came to signify the proprietors of large tracts of land, or thoze vassals of the Lord Paramount, who held lands by honorable service.⁷⁷

I shall hereafter attempt to proov that several modern words are derived from the same root; at present I confine my remarks to the word parish, which, I conjecture, iz a compound of par, a landholder, and rick or rich, which haz been explained, az denoting territory or jurisdiction: Parick or parich, the jurisdiction of a par or baron. It iz true the words baron and parliament seem not to hav been used among the Saxons before the conquest; but they were used by most of the nations of the same original, on the continent; az in Germany, Burgundy, Sweden and Normandy: And the use of the word parochia in England, before the conquest, or at leest by the first lawyers and translators of the Saxon laws, iz to me the strongest proof that some such word az parick existed among the erly Saxons, or which waz latinized by thoze writers. Even if we suppose the word borrowed from nations on the continent, my supposition of the existence of such a word iz equally wel founded, for they all spoke dialects of the same tung.

The first knowlege we hav of the word parish or rather parochia, iz in the Saxon laws, copied and translated into Latin by thoze erly writers, Bracton, Britlon, Fleta, or others of an erlier date. In that erly period, parochia waz a diocese or bishoprick.

I suspect the jurisdiction of the bishop waz originally limited by an erldom, county shire, or territory of a great lord. This waz probably the general division; for sometimes a clergyman or bishop, in the zerude ages, had cure of souls in two or more adjoining lordships; and it often happened that a lord had much waste land on hiz demesne, which waz not comprehended in the original parish, and thus came, in later times, to be called extraparochial. But whatever particular exceptions there might be, the remark az a general one, will hold true, with respect to the original jurisdiction of a bishop.

The number of counties in England iz at present forty, and that of the dioceses, twenty four; but the number of counties haz been different at different times; and some changes, both in the civil and ecclesiastical state, hav doubtless, in a course of a thousand years, destroyed the primitiv division. It iz however some proof of my hypothesis, that most of the bishops in England are stil called by the names of counties, or of cities which are shires of themselves; az the bishop of Durham, of Worcester, of London, of Norwich, &c. or by the names of the cheef towns in counties; az bishop of Winchester, of Chichester, &c.

Selden's account of the ancient divisions of the kingdom, confirms this opinion. See Bacon's Selden, ch. 11. The province or jurisdiction of an archbishop, waz prior to the origin of diocesses or parishes. Selden haz given an account of a division of diocesses by archbishop Theodore in the seventh century; by which it appears, that in some instances, a diocese or parish waz one shire or county; and in others, a parochia covered two, three, or more shires: But in almost every instance, the limits of a parish were the limits of a shire or shires. And however strange the reader may think it, the word church and shire are radically the same. The Saxon word waz cyrick or cyrk;⁷⁸ and the Scotch pronounce and write it kirk. It iz, like shire, derived from the Saxon Sciran, cir, or seyre, to divide. The church or kirk waz the ecclesiastical division, answering to shire, and come to signify the jurisdiction of the cathedral church; the primaria ecclesia or mother church; and hence the Saxon term cyrick sceate, church scot or fees, paid by the whole diocese.

In later times, the original parochia or diocese was divided or extended by the Mickle-mote, Witenagemote or national assembly, by advice of the bishops, nobles, and cheef men.

From all I can collect respecting this subject, it appeers probable, that on the first conversion of the Saxons to christianity, each earle, earlederman, or erl, whoze manor or jurisdiction waz the origin of a county, had hiz clergyman or chaplain to perform divine service. Hiz residence waz probably in the vicinity of the erl; and this waz the origin of the cathedral, or mother church, primaria ecclesia, to which the tenants of the whole district or erldom afterwards paid tithes. On the first establishment of theze churches, the tenants paid tithes where they choze; but fraud or delay on the part of the tenant, and the encreasing power of the clergy, occasioned a law of king Edgar, about the year 970, commanding all the tithes to be paid to the mother church, to which the parish belonged.⁷⁹ This must hav augmented the welth of the cathedral churches, and given them a superior rank in the ecclesiastical state.

Previous, however, to this period, the thanes or inferior lords, had their chaplains and private chapels; and it waz a rule, that if such chapel had a consecrated cemetery or burying ground belonging to it, the lord might appropriate one third of the tithes to the support of hiz private chaplain. The clerks or bishops who belonged to the cathedral churches, and were the officiating ministers of the erls or princes, at that time the first ranks of noblemen, acquired an influence in proportion to their property and the extent of their jurisdictions. Hence the powers of modern bishops in superintending the clergy of their dioceses. In later times, they acquired large tracts of land, ether by purchase, gift or devise, and in right of their baronies gained a seet among the lords of the kingdom in parliament.

The inferior clergy were multiplied in proportion az the peeple wanted or could support them, and the jurisdiction of an earl's chaplain, being limited originally by his cure of souls, and being founded on a parrick or territory of a lord, afterwards gave name to all the jurisdictions of the inferior clergy. Hence the name of parish, as denoting the extent of a parson's⁸⁰ ecclesiastical authority.

The jurisdiction of a bishop lost the name of parish, parochia, at a very erly period; but stil the subordinate divisions of the ecclesiastical state continued to be regulated by prior civil divisions. For this assertion, we hav an indisputable authority, which confirms my opinion respecting the origin of parishes. "It seems pretty clear and certain," says the learned and elegant Blackstone, Com. vol. I, 114, "that the boundaries of parishes were originally ascertained by thoze of a manor or manors; since it very seldom happens that a manor extends itself over more parishes than one, tho there are often many manors in one parish." This iz the present state of facts, for originally the parish, like the modern diocese, covered many manors, or estates of the inferior feudatories.

Parliament iz said to be derived from the French, parlement, which iz composed of parler, to speak, and ment or mens, mind. Cowel tit. Parliament.

"Parliament," says Johnson, "parliamentuns, law Latin; parlement, French." Dict. fol. Edit.

"It is called parliament," says Coke Litt. p. 110. Ed. Lond. 1778, "because every member of that court should sincerely and discretely parler le ment," (speek hiz mind) "for the general good of the commonwelth; which name it also hath in Scotland; and this name before the conquest waz uzed in the time of Edward the Confessor, William the Conqueror, &c. It waz anciently, before the conquest, called michel-sinath,⁸¹ michel-gemote; ealla, witena-gemote; that is to say, the great court or meeting of the king and all the wisemen; sometimes of the king, with the counsel of hiz bishops, nobles and wisest of hiz peeple. This court, the French men call les estates; or l'assemble des estates. In Germany it is called a diet. For thoze other courts in France that are called parliaments, they are but ordinary courts of justice, and az Paulus Jovius affirmeth, were first established with us."

The late editor of Cokes Institutes, remarks, in a note on this passage, that the latter part of this etymology iz justly exploded, and apologizes for hiz author by saying, "it iz to be found in preceding authors of eminence." He discards the ment, and considers it, not az an essential, but an adventitious part of the word; deeming it sufficient to derive the word from parler, to speak. This opinion he receives from Lambard.

Such a definition, with great deference to theze venerable authorities, iz a disgrace to etymology. Coke waz a great lawyer, and Johnson a good Latin and Greek scholar; but neether of them waz versed in the Teutonic language and institutions, where alone we should look for the origin of our laws and the English constitution. Johnson indeed waz a mere compiler of other mens etymologies, and Cowel, Selden, Junius and others from whom he copied, tho deeply lerned, sometimes fell into very whimsical mistakes. I am bold to assert that the English derivation of parliament, or parlement from the French parler, haz no better authority than a mere whim or notion of theze writers. We might az well derive parler from parliament, and both from a parcel of gossips, because they are loquacious.

The true etymology of the word iz par, or bar, a landholder or baron, and le mote, the meeting. I say mote, for this waz the Saxon spelling of the word, after the prepositiv ge waz dropped. It waz originally gemote, az in witena-gemote; afterwards the ge waz disused, az in falk-mote. What the original French orthography waz, I am not certain; but the word came to England from France, and we find the French article prefixed, par-le-ment; a meeting of the barons. The same sound waz used in Germany, Burgundy, and other parts of Europe, and in all, it had the same meening, which it, in some mesure, retains in France to this day.

The commune concilium of England, before the conquest, consisted of the witena, or wise men. It retained the name of witena-gemote, til after the Norman invasion. It iz perhaps impossible, at this distance of time, to ascertain exactly the manner of summoning this national assembly, or whether the commons or lesser nobility were entitled to a seet. In old charters, the king iz said to hav passed laws by advice of the archbishops, bishops, abbots, erls and wise men of the relm; seniorum sapientium populi. But we are not able to determin whether theze seniores sapientes were admitted on account of their age and wisdom; or whether possession of real estate waz a requisit qualification. So much iz certain, that in France and Germany, where we first heer of parliaments, all the barons, that iz, all the nobility, were entitled to a seet in the national council, in right of their baronys; and this iz asserted to hav been the case in England.⁸² This fact, so well attested in history az to be undeniable, ought long ago to hav led the critical enquirer to the true origin of the French word, parlement. The name of parliament took its rise under the feudal system, when the assembly of men, so called, consisted solely of barons or bars. It iz from this circumstance that the provincial assemblies of France are properly denominated parliaments. The erly Norman princes, who introduced the name into England, summoned none to their council but the clergy and nobility, and sometimes a few only of the greater barons. The house of lords iz strictly a parliament, according to the original of the word, altho since the commons hav made a part of the legislature, the name iz extended to the whole body.

The word peer iz said to be derived from the Latin par equal; and this circumstance haz been the occasion of innumerable encomiums on the English trial by peers. So far az equality in the condition of judges and parties, iz an excellence in any judicial system, the present practice of trial by jury iz esteemable among a free peeple; for whatever may be the origin of the word peer, a trial by men of the naborhood may often proov a capital security against a court devoted to party. But it iz at least doubtful whether peers, az used for jurors, came from the Latin par; for it iz almost certain that the word peer, az used for nobles, iz derived from the German par, a landholder, and this iz undoubtedly the tru primitiv sense of the word. That there waz such a word in ancient Germany, iz unquestionable; and paramount, which signifies the lord of highest rank, iz from the same root; par-amount, the par or baron above the rest. The jurists on the continent latinized the word, calling the lords pares; and this, in later ages, waz mistaken for the plural of the Latin par.